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According to the Civil Procedure Law , the parties must act in the divorce process with the assistance of a lawyer and represented by a solicitor.
The choice of lawyer is one of the crucial points in a divorce process . When we take the step, a first decision is in which lawyer to trust our case. Despite the fact that on many occasions we go to someone close to us, or to a professional who recommends our environment, it may be that on many occasions that choice is not correct and it is better to go to a family lawyer specialized in the type of divorce in which we are involved.
Just as if when our mouth hurts we go to the dentist or when our back or knee hurts we go to the traumatologist, it is essential to go to a divorce lawyer specialized in cases similar to ours.
In addition, in these types of processes, which are psychologically hard and emotionally charged, the client must feel understood and supported by his lawyer and have fluent communication with him.
In addition, the professional must inform his client of the strategies that can be followed and the development of the process.
What to bring to the first consultation with the lawyer?
The first meeting with the lawyer will be a contact between professional and client. In it, the lawyer will decide if he can take the case and the client will have to decide if he is the lawyer he wants to take his case. Therefore, and because the information shared with the lawyer is totally confidential, it is important to bring all the documents that may be necessary to deal with the divorce and thus ensure that the lawyer can do his job knowing all the details and only with truthful information. .
The marriage certificate is the only document that they will always ask for when filing for divorce. It is necessary to request a copy at the Civil Registry where the link was held. However, it is convenient to also add those that we write below:
Divorce-Related Documents: If the spouse’s attorney has already contacted the other party or if there is already a formal separation agreement , these documents should be brought to the office so they can be reviewed.
Financial information: Whether the economic regime of the still marriage is community property or separation of property, it is essential that the divorce lawyer knows exactly the income, assets, expenses and liabilities so that the separation of marital assets is done fairly and having consider their interests.
Prenuptial Agreements and other contracts: These types of documents are essential because they can affect the development and resolution of a divorce process. If they have a prenuptial agreement or other contract that is relevant to the divorce or property distribution, they must be available to the divorce attorney.
In addition, if the marriage in the process of dissolving has children in common, it is important to advise the lawyer about the wishes regarding, above all, the custody of minor or non-emancipated children . It is convenient to collect all the documentation that refers to the children -such as the birth certificate- so that the professional has all the data that can help him to do a good performance in the trial or in the negotiation process with the other party.
What types of divorce are there?
Divorce by mutual agreement
An uncontested divorce saves the parties time and money . This procedure allows the spouses to jointly decide who gets the home or the amount of the compensatory pension, if it exists.
This procedure can be presented through the courts or extrajudicially before a notary. It may be presented before a notary as long as there are no minor children who are not emancipated or have judicially modified capacity.
What is the procedure?
First of all, you need to file for divorce . Once the claim is admitted in court, both parties are summoned to come to ratify their petition separately. If there is no agreement between the parties, the only possibility for the spouses would be to file a contentious divorce claim.
In the event that there are disabled or minor children, the Judge, the Prosecutor, the parties, the members of the Judicial Technical Team or even the minor himself may request a hearing.
Once these procedures have been completed, the Judge will issue the sentence granting the divorce and will rule on the regulatory agreement.
Contentious divorce
This type of divorce is characterized by a lack of understanding between the parties. It is one that is carried out without agreement between the spouses regarding the dissolution of the marriage, either due to the fact of divorcing or due to disagreements in the custody of the children, in the visitation regime, in the compensatory pension, in the liquidation of community property or in any other circumstance.
The contentious divorce can be requested even when one of the parties does not want to do it. Spanish legislation, in this case the Civil Code and the Civil Procedure Law , indicate that one of the parties can request it without the agreement of the other party.
It is a much longer process than amicable separation. It must be taken into account that the duration usually ranges between eight and twelve months, depending on the court.
Finally if you need a lawyer in Cocoa, FL we recommend you to call The Law Office Of Gutin & Wolverton for best service.