O divorce It is an increasingly common process in Portuguese society, thus being very important to consider relevant information on the subject.
In this article from Divorce Lawyers, you will essentially learn what steps you need to take to initiate divorce proceedings.
O divórcio é o fim legal de um casamento.
Divorce is defined as the legal process that dissolves a marriage. This process can be initiated by mutual consent, where both members of the couple agree to the divorce proceedings, or contentiously, where only one person agrees to initiate divorce proceedings.
What are the types of divorce?
With regard to divorce, are outstanding two typesOh litigious divorce and the Amicable divorce. In the case of a contentious divorce, this occurs when there is no consent regarding the termination of the marriage. A friendly divorce, on the other hand, happens in situations where both members of the former couple agree to the divorce and the associated issues.
How to request a divorce by mutual consent
To initiate a divorce by mutual consent, it must be ascertained that both spouses consent. Then, the application can be made through a civil registry office by both parties or online, via the Online civil.
However, before you go to the registry office, there are documents to consider:
- Written divorce petition;
- Written agreements on child maintenance or division of assets;
- Agreement or a court judgment order on the regulation of Parental responsibilities.
After the application, there are court fees that the couple will have to pay within 48 hours, and the process will then continue.
How to ask for a divorce without consent
In the case of divorce without consent, the application is made in different ways than a divorce by mutual consent. The person who wants the divorce must present evidence in court showing the breakdown of the marriage.
A no news from the other spouse, the change in a spouse's mental faculties, a de facto separation for one consecutive year, or other issues which prevent a life in common are valid and serve as grounds for divorce.
How to apply for a divorce: step-by-step
The way divorce is requested has different nuances depending on the type of divorce in question. Below, follow these same steps:
In an amicable divorce:
- The couple must reach an agreement on the divorce and its outstanding matters.;
- To have the necessary documents with you;
- Applying for a divorce at the Civil Registry Office or online.
In a divorce without consent:
- Hire a lawyer specialising in divorce law.;
- The lawyer files a petition where they set out the reasons for the couple's separation;
- The case goes to court.
What are the documents needed to apply for a divorce?
In order to initiate the divorce process, there are documents that need to be taken into consideration:
- Written divorce petition;
- Agreement on the division of assets;
- Marriage certificate;
- Parental responsibility agreement;
- Identification documents;
- Documents related to other agreements such as maintenance payments;
- In cases where spouses are represented by solicitors, powers of attorney are also essential documents.
É necessário contratar um advogado num processo de divórcio?
Although it is not obligatory to hire a lawyer in the event of a divorce, it is highly recommended. Situations such as the division of assets or parental responsibilities, as well as litigation, make the presence of a lawyer essential.
Negotiating agreements, drafting documents, or guiding and elucidating your clients on what to do during the divorce process are points that make the presence of a lawyer very important.
At Divorce Lawyers We have professionals duly qualified to assist you and fight for your rights in matters related to divorce.
Is it possible to get a divorce online?
Yes. Through the platform Online civil the divorce process can be initiated by mutual consent, becoming a more practical way to start a divorce.
How to apply for divorce online?
As you saw previously, it is possible to request a divorce online. Therefore, in order to request a divorce online, you must follow some specific steps, such as:
- Access the portal Online civil;
- Authenticate yourself with your citizen card or digital mobile key.;
- Complete the information about the spouses;
- Upload the documents.;
- Submit the order.;
- The following is the divorce videoconference that can happen via video call or in person;
- Payment must be made within 48 hours.
Conclusion
Divorce is understood as the dissolution of a marriage through legal means. A divorce process can be contentious, where one of the parties involved does not wish to initiate the proceedings, or by mutual consent, where there is agreement from both parties involved.
To proceed with a divorce, you must use a civil registry office or do the process online, in the case of an amicable divorce. When there is a divorce without consent, a lawyer must be hired by the person wishing to initiate the divorce proceedings, and it will go to court.
The presence of a lawyer is not mandatory but is essential. A legal professional is someone who is duly qualified to handle the bureaucracy related to divorce and also knows the law in order to advise their clients, ensuring their rights are protected.
