A divorce process is a complex one in many ways, and therefore there are points that must be properly addressed, such as the documentation.
There are documents that are crucial to a divorce process, and therefore it's important to know which documents are needed and when they are required. This article will answer all the essential questions about divorce, specifically regarding the necessary documents, and when and where to submit them.
O divorce It is defined as the dissolution of a marriage. This dissolution is definitive and is carried out through legal procedures.
What are the types of divorce?
Inside the divorce There are two types that stand out: the Amicable divorce and the litigious divorce.
In the case of divorce by mutual consent or amicable divorce, both spouses agree to the divorce process. The application can be made at the civil registry office.
Regarding contested divorce, this type of divorce occurs when one of the spouses is not interested in initiating the divorce process. In this type of divorce, the proceedings take place in court, and issues such as [various circumstances] are discussed. custody of children Or the family home.
What documents are needed to initiate divorce proceedings?
The required documentation varies depending on the type of divorce: by mutual consent (simpler and faster) or contested (involving court proceedings and disputes). Below, we detail what needs to be prepared in each case.
Documentation common to any type of divorce.
Regardless of the chosen route, there are basic documents that are always required:
- Updated marriage certificate (issued less than 6 months ago);
- Citizen Cards or Passports of both spouses;
- Power of attorney, if either spouse is represented by a lawyer or attorney-in-fact;
- Proof of residence, especially in legal proceedings.
Documents for Divorce by Mutual Consent
In this type of divorce, both spouses agree to end the marriage and jointly submit the necessary documents. It can be processed in person at a registry office or online through Civil Online.
Required documents:
- Divorce petition, signed by both parties;
- Marriage certificate;
- Identification documents for both of them;
- Agreement for the division of jointly owned property (or a statement that it will be done later);
- Parental agreement, if there are minor children, with rules regarding custody, visitation, and child support;
- Definition about destination of the family home (exclusive use, sale, lease);
- Indication of what will be done in relation to companion animals, if they exist.
This process is relatively quick and less expensive. It can be completed in 1 to 2 months if all the documentation is correct.
Documents for Divorce Without Consent
When one spouse does not agree to the divorce or its terms, the process becomes contentious and must be resolved in court. In this case, legal representation is mandatory.
Required documents:
- Initial petition drafted by a lawyer, indicating the legal grounds for divorce;
- Marriage certificate and identification documents;
- Birth certificates of minor children (when applicable);
- Agreements or proposals regarding child custody, alimony, and use of the home.;
- Documents proving the existence and value of jointly owned assets (real estate, bank accounts, vehicles, etc.);
- Documentary or testimonial evidence that justify the request (for example, messages, emails, medical reports or complaints);
- Proof of income and expenses for pension calculation;
- Powers of attorney and proof of residence, as required.
This type of process can take several months or even years, depending on the complexity and the degree of conflict between the parties.
Preparing the correct documentation in advance avoids delays, rescheduling, and frustration. Before initiating divorce proceedings, it is ideal to consult a professional who can help gather all the required documents and correctly draft the agreements mandated by law.
Where can I request each document and what are the average processing times?
Organizing the necessary documents for a divorce becomes much simpler when you know where to obtain them and how long it takes. Here is a complete list of the most common documents, with their respective issuing locations and usual processing times:
Marriage certificate
You can apply through the Civil Online portal or at a registry office. It will be ready in 24 to 48 hours and is valid for 6 months.
Children's birth certificates
They can be obtained online at the Civil Registry Office or at the registry office. They are usually issued within 1 to 2 business days. They do not expire, but an updated version may be required.
Citizen Card or Passport
It is submitted as a simple copy. It must be within its validity period.
Proxy
Issued by a lawyer, notary, or solicitor. Obtained on the same day. Required if either spouse is represented.
Property division agreement
Prepared with a lawyer or notary. It can take between 1 and 3 weeks, depending on the assets to be divided.
Parental Responsibilities Agreement
Drafted with professional or court assistance. In simple cases, it will be ready in 3 to 10 business days.
Proof of residence
Issued at the Parish Council or on the Tax Authority's website. Available in 1 to 5 business days.
Documentary evidence (for contested divorce)
These include emails, messages, medical reports, criminal complaints, etc., obtained from the respective services and may take between 3 days and 3 weeks to be processed.
Documents regarding assets (real estate, accounts, vehicles)
Collected from the Tax Authority's website, BUPi (Portuguese Banking Information System), banks, or insurance companies. Some are currently available in PDF format.
Proof of income
Tax return or payslips. These can be downloaded from the Tax Authority's website or obtained from your employer.
Where and how do I submit the divorce documents?
The way divorce documents are submitted depends on the type of divorce. When a divorce is contested, the documentation is submitted by the lawyer of the person initiating the proceedings in court.
In cases of amicable divorce, documents can be submitted through different channels. Therefore, when it comes to an amicable divorce, the documentation can be submitted in the following ways:
- In person, at a civil registry office;
- On the platform online.
To find a civil registry office, you can consult the website of Institute of Registries and Notaries. Furthermore, citizen service centers may also have dedicated spaces for registries and notary services, thus serving as places where one can have questions about divorce answered.
Is it mandatory to have a lawyer for a divorce?
Whether or not it's mandatory to have a lawyer in divorce cases depends on the type of divorce in question.
In the case of an amicable divorce, having a lawyer is not mandatory, but it is very important. Assistance in negotiating agreements, or even advice and help in managing the bureaucratic aspects of the divorce, are points that make their presence crucial.
When dealing with a contested divorce, it is mandatory for one of the parties to have legal representation. In this case, the person seeking the divorce is the one who should have legal protection, and that same lawyer must present facts and demonstrate in court that the divorce is necessary.
Why is it important to have a lawyer for a divorce?
A lawyer plays a very important role in divorce proceedings. Although not always mandatory, there are several advantages, such as:
- It facilitates the resolution of problems that have a higher degree of difficulty;
- A lawyer knows the law, and therefore conducts the process within what is stipulated by law;
- It protects the rights of the person it defends;
- It makes the process easier and faster, including in mediating issues such as the division of assets or parental responsibility.
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Conclusion
A divorce is defined as the definitive and legal dissolution of a marriage. A divorce can be amicable, where both parties consent to the divorce, or it can be contested, where one party does not accept the process.
When it comes to documentation, this varies depending on whether the divorce is contested or amicable, but there are documents that must be submitted in both situations, such as identification documents or a marriage certificate.
A lawyer plays a crucial role in the divorce process, as these are complex procedures, and therefore a lawyer is the right person to guide the divorce and ensure it is within the parameters of the law.
