When it becomes impossible to reconcile incompatibilities within a marriage, the healthiest thing for the couple is to decide on divorce. While no exact figure can be given, it is known that in Santander at least five out of ten marriages end in divorce.
And there is no doubt that when something is not working in the relationship the healthiest thing is to go separate ways, and just as important, if not more so, is to have a good lawyer specialising in divorce.
What types of divorce are there?
The law in Santander provides for two types of divorce: contested divorce and divorce by mutual agreement.
The first thing to bear in mind is that, in order to decide on divorce, at least ninety days must have elapsed since the marital union. In any case, both lead to the same outcome, which is the end of the marital partnership that came into being on the occasion of the marriage celebrated.
Emotions play a leading role in this process and will define which type of divorce is pursued in order to set the financial and parent-child arrangements to be adopted.
Divorce by mutual agreement or express divorce in Santander
This means that the spouses, in the separation process, have made reciprocal concessions, which are reflected in a settlement agreement setting out all the specifications and guidelines on how the commitments will be carried out. In addition, that agreement will divide the burdens arising from the effects and assets produced or generated during the marriage.
Likewise, if children were born during the relationship, the parents themselves establish responsibly and mutually the way in which everything relating to custody, visits, maintenance payments, as well as any other matter arising from the parental relationship towards the children, will be divided or shared.
That said, in any case, this agreement must be submitted to a competent judge to rule on the lawfulness of the stipulations set out by those seeking the divorce.
Contested divorce
This assumes that the interpersonal relations of the couple are so negatively strained that it is impossible for the spouses to reach an agreement, because each one refuses to share, divide or give up responsibilities and assets.
For this reason, this type of divorce involves the participation of the judge, who acts on the filing of the divorce claim. That claim may be filed by a single spouse, in order for the other to be summoned. Thus, a long process begins, with the presence of lawyers and court agents who will seek to assert the claims of each party.
During this procedure, it is very likely that the children will come into play, and they may sometimes be asked to give statements, especially when these prove essential to making a decision.
In this regard, it should be pointed out that the judge’s decision will function as an agreement between the parties. In turn, it will be binding.
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Divorce by mutual agreement versus contested divorce
Although we have already outlined several of the contrasts between the routes to ending a marriage, there are other considerations we can set out regarding the particularities of each type of divorce in Santander; specifically, we highlight the following:
Time
The process of a divorce by mutual agreement, with the guidance of an experienced lawyer, can take between three and four months; whereas a contested one, likewise with the involvement of a good lawyer, can take between nine months and three years, all depending on each case.
Cost
As regards cost, a divorce by mutual agreement is always much cheaper, since the parties tend to turn to a single legal representative to support them in drafting the agreement and then before the judge. In other words, there is no adversarial process, so it is more expeditious and this translates into lower costs.
For its part, in a contested process, each party requires representation by a lawyer, in addition to the court agent. In this case there is an adversarial process or dispute and for that reason it lasts much longer. Likewise, more paperwork, travel and fees are required, and that has a direct impact on the price to be paid for representation.
Which form of divorce is more advisable to choose?
Divorce has an impact on the life of the couple and of the children, which is why handling it amicably will always be the most advisable option. A family lawyer can guide you through this process, offering solutions that avoid a dispute, always advocating for the well-being and equal conditions of the parties.
This lawyer will endeavour to have the divorce take place by mutual agreement and, only in those cases where there is no other solution, will advise you to resort to a court claim to trigger the contested divorce.