It is a process whose main purpose is the dissolution of a marriage.

Although the theoretically main goal is the dissolution of the marriage, in practice the effects inherent to it (parental authority and custody and custody of the minor children of the marriage, regime of visits, adjudication of the use of the family home, acquire greater importance). establishment of alimony and the way in which the extraordinary expenses of the children will be paid, possible establishment of pensions or compensatory benefits in favor of the disadvantaged spouse, and settlement, where applicable, of the economic regime).

There are two major alternatives: divorce by mutual agreement and contentious divorce.

In divorce by mutual agreement, the spouses must negotiate a regulatory agreement and a parenting plan, in which the parents agree on all the rules that will govern their future relationship, both in relation to the children and in relation to the economic aspects. and patrimonial.

If there is no agreement, a contentious divorce will have to be processed so that it is the Judge who resolves all the extremes.

The general rule is judicial processing.

In the case of divorce by mutual agreement, the Judge will limit himself to examining the correctness of the agreement and proceeding to its approval by judgment.

In the case of contentious divorce, a complete judicial process will be followed, with demand, answer and view for the practice of the tests proposed by the parties.

Divorce initiated as a litigation can become a process of mutual agreement if the parties reach an agreement.

Exceptionally, divorce by mutual agreement without minor or incapable children can also be processed before a Notary.

It depends on many factors, such as whether the divorce is by mutual agreement or contention, and mainly on the major or minor collapse suffered by the court to which it is appropriate to resolve.

In order to avoid the serious damages that could derive from the excessive duration of the process, the law contemplates a system of applicable provisional measures until a definitive resolution falls.

While the divorce process is being processed, or even before filing the lawsuit in the event of an emergency, the Judge may be asked to provisionally resolve any of the most urgent issues (assignment of address, payment of necessary expenses for family maintenance, etc.).

For more complete information on the divorce process, see the article on Divorce published on our website www.alonso-cuevillas.eu.