Divorce is a rather complex situation, not only because it is an emotionally difficult phase, but also because it encompasses various bureaucratic issues. Therefore, it is important to know what types of divorce exist and how they are processed.
In this article from Divorce Lawyers, learn everything about divorce and the various options available to you.
O divórcio é o fim legal de um casamento.
Divorce is defined as the complete and definitive dissolution of a civil marriage, and it can occur by mutual consent or not. In short, divorce is the legal term for the termination of a marriage between two people.
What are the differences between separation and divorce?
Although the definitions are very similar, the divorce Separation and separation are not the same thing.
Divorce ends the marriage and allows former spouses to remarry, while separation, whether of property or persons, suspends marital duties but maintains the legal bond.
Below, you can learn more about the main differences between separation and divorce:
Separation:
- It ends the couple's life together, but does not break the marital bond;
- It does not allow spouses to remarry;
- Separation can happen with or without mutual consent.
Divorce:
- It allows the couple to remarry, since it extinguishes the marital bond and dissolves the marriage;
- After the divorce is finalized, the division of assets occurs according to the marital property regime stipulated in the marriage.
What are the types of divorce?
Divorce is not a one-way street, and therefore there are several types of divorce, each with its own specific characteristics. The following points stand out within the realm of divorce:
Divorce by mutual consent
At the divorce by mutual consent, Both spouses agree to the end of the marriage. This can then be requested in a court or at a civil registry office.
If there is also consent regarding the division of assets or property parental power, There is no need to go to court to deal with the case.
Divorce without the consent of the other spouse (contentious)
O divorce without consent This happens when one of the parties does not agree to the divorce. For a divorce to proceed, there are steps the applicant must take:
- Initially, the applicant must file for divorce in court;
- This request should be made based on reasons such as: absence of news, de facto separation, definitive breakdown of the marriage, or alteration of mental faculties.
Divorce with minor children
When a divorce occurs with minor children, decisions regarding child support, visitation, or... custody of children These decisions should be made between the spouses.
If no agreement is reached, these issues must be dealt with in court, where the child's well-being is paramount.
Divorce with division of assets
Regarding sharing of assets, This happens when there is a sharing of assets and debts. If there is no agreement, the division of assets is decided in court, while if there is an agreement, the divorce petition can be filed in court. Divorce Counter or in Civil Registry service.
In short, issues related to the division of assets depend on whether or not an agreement is reached between the spouses.
Divorce with partial agreement
In the case of a divorce with partial agreement, the spouses do not need to agree on everything related to the divorce, but rather on some points of the divorce, such as the division of assets or... family home.
This thus becomes a form of divorce, being an alternative to divorce without consent and amicable divorce.
Divorce of foreigners in Portugal
If both or one of the parties involved live in Portugal, the courts and registry offices have the autonomy to grant the divorce, as is explicitly stated in... Article 3 of Regulation (EU) 2019/1111.
Amicable or Contested Divorce: Which is more suitable?
The type of divorce to follow depends on the agreement between the parties involved.
An amicable divorce is a faster, less stressful, and less expensive process. However, it requires mutual consent on all aspects of the divorce, whereas if there is no consent, it must be considered a contested divorce.
What is the role of a lawyer in the divorce process?
From conflict mediation to legal advice, these are functions that fall to lawyers in divorce situations. This becomes an essential role in a divorce, since there are many bureaucratic processes involved and, in some cases, complex conflict situations arise.
At Divorce Lawyers You have access to qualified professionals to assist you throughout the divorce process and in any situations that may arise from it. Contact Divorce Lawyers and find out everything!
Conclusion
A divorce occurs when there is a breakdown in a marital bond. It is important to emphasize that divorce is distinct from separation, where separation does not involve a rupture of the marital relationship, unlike divorce.
There are two types of divorce: contested or amicable. In a contested divorce, there is no agreement on the divorce, while in an amicable divorce both parties agree on all aspects of the divorce: division of assets or custody of children.
The presence of a lawyer is of great importance, since a divorce process is complex and often involves conflicts. A legal professional is essential to advise and assist throughout the process.
