When there is a breakdown in a marriage, it is often irreversible and can lead to a divorce.
In these situations, it is important to know how to proceed in different types of divorce, what the costs are, or the importance of having the assistance of a lawyer.
Throughout this article you will learn more about these issues.
What is a divorce
Divorce is the dissolution of a marriage. This process is ordered by the court or the civil registry office.
Types of divorce
Within the topic of divorce, there are two definitions that distinguish the two types of divorce:
Divorce by Mutual Consent (amicable)
One divorce by mutual consent, or friendly happens when the two members of the couple reach an agreement on certain nuances of the separation.
Divorce Without Consent (litigious)
When a divorce without consent, this translates into a divorce process without the consent of one of the parties.
Amicable vs. amicable divorce contested divorce: what's the difference?
The difference between an amicable divorce and a contested divorce is the agreement with the separation process.
In the case of an amicable divorce, the couple is in agreement with the legal separation process. In the case of contested divorce there are differences.
How to start divorce proceedings
If a couple agrees on the divorce, and on issues such as parental custody or the house they will live in, the request can be made online or in person.
O online civil service It is the place where you can file for divorce without leaving home, or you can go to a civil registry office.
If there is no agreement on the divorce, it may be requested in court.
Steps to an amicable divorce
In the case of a divorce with the consent of both parties, there are steps that must be followed:
- At an initial stage, the ex-couple must submit documents regarding the divorce, which stipulates issues such as custody of the children, or alimony (if there are children);
- Then, if everything is ok, the registry office employee schedules a divorce conference;
- The case is also sent to the Public Prosecutor's Office and the court;
- The court will give a ruling on the case.
know more here about the detailed steps of an amicable divorce.
Documentation required for divorce in Portugal
To proceed with a divorce in Portugal, it is important to take into account certain documents:
- Firstly, people who want to separate must submit a written document stating that they want to divorce;
- A written agreement or a certificate of the court ruling on parental responsibilities (if there are children);
- A written child support agreement;
- One list of assets belonging to the couple;
- Between others.
How long does a divorce process take?
The length of a divorce process depends on the time it takes for a couple to reach an agreement and the agenda of the civil registry office in question.
However, an amicable divorce usually takes between one and three months.
Rights and duties after divorce
After a divorce, there are rights and duties that fall on the couple. Regarding duties, the following stand out:
- Duty of respect;
- Duty of cooperation;
- Duty of assistance;
- Duty of fidelity;
- Duty of cohabitation.
Regarding rights, these are:
- Sharing of assets;
- Exercise of parental responsibilities;
- Pet custody;
- Fate of family home.
Consequences of divorce for children
The consequences that a divorce can have for children are based on a relational sphere.
Children who see their parents getting divorced often feel less attention or greater anxiety and insecurity.
All of these problems can take on greater dimensions if the couple creates a bad environment and brings the problems of divorce into their relationship with their children.
What happens to the family home after the divorce?
It depends on who owns the property. If the house belongs to one of the couple, the person in question lives in the house.
If it is a common asset, it will have to be shared between the spouses. For example, selling the house and sharing the money.
Difference between separation and divorce
Divorce is the legal process of breaking up a marriage. Separation occurs when members of a couple move away.
Is it possible to reverse a divorce process that has already started?
If the process has already been finalized, there is no way back, and they will have to remarry if they intend to get back together.
In other situations, it is permitted to go back with the process.
Can I get a divorce without a lawyer?
Yes, you can get a divorce without a lawyer. However, the presence of someone from the area is essential in a divorce process, especially if it is without agreement from one of the parties.
What to Consider When Choosing a Divorce Lawyer
One family lawyer is the most suitable for a divorce process, especially if there are children involved.
How important is a lawyer in divorce proceedings?
The assistance of a lawyer in a divorce process is essential for several issues.
One Lawyer specializing in this area can help with divorce legislation, or on issues such as the regularization of parental responsibilities.
Get in touch with, where we have a specialized team that can help!
Conclusion
A divorce, which can be amicable or contentious, presents differences in the processes involved in preparing the divorce itself. However, regardless of the type of case, they all end with a court decree.
Questions like alimony, or custody of the children must be supervised by a lawyer.
note: The information presented in this article is for informational purposes only and should not be construed as legal advice. Although we have made every effort to ensure the accuracy of the content, we assume no responsibility for any inaccuracies, omissions or legal changes that may occur after publication. If you are facing a specific situation or have questions about any of the matters covered, we strongly recommend consulting a lawyer or legal specialist for advice tailored to your situation.
