By Sílvia Pinilla, Lawyer and Head of the Family Department

What is a divorce?

It is a process whose main objective is the dissolution of a marriage.

Although the theoretically main objective is the dissolution of the marriage, in practice the effects inherent to it (parental authority and custody of the minor children of the marriage, visitation regime, allocation of use of the family home, establishment of pensions) take on greater importance. of maintenance and the manner in which the extraordinary expenses of the children will be paid, possible establishment of pensions or compensatory benefits in favor of the disadvantaged spouse, and liquidation, where appropriate, of the economic regime).

How are these issues resolved?

There are two great alternatives: divorce by mutual agreement and contentious divorce.

In divorce by mutual agreement, the spouses must negotiate a regulatory agreement and a parenting plan in which the parents agree on all the rules that will govern their future relationship, both in relation to the children and in relation to economic and property aspects. .

If there is no agreement, a contentious divorce must be processed so that the Judge can resolve all issues.

How is a divorce processed?

The general rule is judicial processing.

In the case of divorce by common agreement, the Judge will limit himself to examining the correctness of the agreement and proceed to approve it by means of a ruling.

In the case of contentious divorce, a complete judicial process will be followed, with a claim, response and hearing for the taking of the evidence proposed by the parties.

Divorce initiated as a contentious divorce can be converted into a mutual agreement process if the parties reach an agreement.

Exceptionally, divorce by mutual agreement without minor or incapacitated children can also be processed before a Notary.

How long can a divorce process last?

It depends on many factors, such as whether the divorce is by common agreement or contentious and, mainly, the greater or lesser collapse suffered by the court that is responsible for resolving it.

To avoid the serious damages that may arise from the excessive duration of the process, the law contemplates a system of provisional measures applicable until a final resolution is reached.

What are the provisional measures?

While the divorce process is being processed, or even before filing the lawsuit in case of urgency, the Judge can be requested to provisionally resolve some of the most urgent issues (attribution of domicile, payment of the expenses necessary for the maintenance of the family, etc.).

For more complete information about the divorce process, contact us.