Fault divorce | Separations and divorces | ADVOCACY SERVICES | E-Consulting.es Abogados & Gestores
Your business is in the hands of professionals
Monday - Friday 09:00 - 18:00

Fault divorce

PROCESS DESCRIPTION:

A contentious divorce is a procedure that is initiated unilaterally by one of the spouses to get the marriage dissolved. Many times it is the result of a failure in the negotiations so that the rupture is friendly (express divorce), but other times, it is the first option since the positions of the parties are very much at odds.

In this way, the obligations and / or rights inherent in marriage will disappear once this civil process (or criminal if it is processed by a gender violence court) is terminated through a judicial sentence.

It must be clear that a contentious divorce cannot be processed before a notary, as notarial divorces only fit into our legal system when there are no minor children or they are independent and always by means of an agreement embodied in a Regulatory Agreement.

This procedure is always initiated through a divorce petition filed by one of the spouses signed by a lawyer and attorney.

Every litigation for contentious divorce is processed through the rules of the verbal trial, regulated by the Civil Procedure Law.

Requirements

  1. The interested parties accompanied by a lawyer and solicitor must attend the trial, because if they do not do so, it may happen that the allegations of the other party are true.
  2. The contentious divorce procedure can be changed at any time to a divorce process by mutual agreement, for which the parties must request it and, in addition, submit a proposal for a Regulatory Agreement where they establish the agreements they have reached. This happens a lot in the family court No. 6 of Alcalá de Henares.
  3. The tests that cannot be practiced in the same trial will be done in the period of time established by the judge, which, cannot exceed thirty days.

How long it takes

The contentious divorce takes longer than the divorce by mutual agreement. It is one of the frequently asked questions in the office of JR Abogados.

As we have said, the procedure begins in court with a lawsuit filed by one of the spouses unilaterally. That claim, if it meets all the legal requirements, will be admitted by the court and will summon the other party to answer it within 20 business days with a lawyer and attorney.

The problem is that in order for the other person to answer the claim, they must first receive it and it may happen that we do not know the residence address. In this case, the lawyer must request the court to freely officiate different public administrations to assist him in finding the domicile of the defendant. Normally it is communicated to the Local Police, Social Security, the Treasury, etc ...

Until you receive notification of the claim, the 20-day period is suspended and will begin to run when that occurs.

Once located, and the answer to the complaint is presented, it will be necessary to see what evidence is requested by both the plaintiff and the defendant. For example, if one or both of them ask for a Psychosocial examination of the family nucleus (in cases where there are minors) this fact can greatly delay the process, as they usually have an important workload, and they can give us an appointment for the interviews last year since the notification of the court arrives.

Having seen the psychosocial reports by the court, he must look at his agenda and set a date for the trial.

In short, we can talk quietly about a year, if things go well. But it is only an approximation because each court works in a way and you must always have "unforeseen" such as the discharge of an official or the judge himself.

One of the aspects that cause the contentious separation procedure to be delayed over time is to request the court's psychosocial report as evidence.

Due to the saturation of the Courts' teams, this report may take more than one year.

How to make the contentious divorce faster in court?

When the couple decides to go "bad" in court with their divorce, they have to go for all, which means that the speed of having the sentence shine by their absence, it is also not a divorce that can be processed online.

However, we are going to explain the ways that exist so that the divorce decree is not extended much in time.

  1. Do not ask for the psychosocial exam of the team assigned to the court. This report greatly delays the trial, maybe more than a year. However, there is a solution to this, provisional measures. However, many times, this test is so important, that we cannot stop asking for it, because this team, for the Judge, is much "impartial" than another one hired by a spouse.
  2. In the case of a missing spouse, if we know his whereabouts, for example, we know that he lives in Venezuela (to say a country), the rogatory commissions of the Spanish Court to foreign authorities can make the process desperate. However, JR Abogados has alternatives.
  3. That the spouse who receives the demand of the court does not want to collect it, is absent or does not answer the postman.
  4. Reach an agreement. It is the easiest and fastest option, reconsider our positions, leave us part of our claims along the way and sign a regulatory agreement. It is customary to ask the court for a period of 60 days to find common ground and, once the agreement is signed and signed, ask the court to transform the trial into mutual agreement.

With minor or older children

This divorce is usually as a rule with children who are minors or older but are not economically independent, that is, they live at home with their parents. In this case, in addition to the Judge, the Prosecutor will take care of the interests of the minors (for example, guaranteeing that the food pension is sufficient for their maintenance).

The workhorse in these trials is usually in this order.

  1. The custody. It is usually very common for the father to ask for joint custody. When children are very young (less than 3 years old), judges are usually conservative and grant parental mono custody to the mother.
  2. The food pension. A very common dispute, because it tries to maintain the standard of living that was had during the marriage, something that is very difficult to achieve.
  3. The visit regime. Depending on the personal and professional circumstances of the spouses, half of the summer vacations, Easter and Christmas holidays can be requested. However, the wishes of one spouse do not usually coincide with the interests of the other.

Sin hijos

In the case of not having children, or these are adults and economically independent, the process is much simpler since the issues to be ventilated will not need the Prosecutor.

If there are no children, it is also possible to make a divorce in the notary, its speed is the greatest advantage, even if it is paid, it is still a good alternative since it does not need the assistance of the attorney.

What can I ask for in the divorce lawsuit

The plaintiff who files a divorce lawsuit against their spouse, (this also applies to a filing parental action lawsuit where there is no marriage) may request:

Regarding children who are underage or older, not economically independent:

For the spouse himself

  • A compensatory pension for the spouse, which only occurs when there is significant economic damage for one of the spouses and provided that the requirements determined in the jurisprudence are met, however, the particular case will have to be addressed.

Características 

The demand It has details that characterize it and differentiate it from friendly divorce. 

  • The lawsuit is accompanied by this documentation: marriage certificate, birth certificate of minors and a general power of attorney, it costs about € 60 at the notary, but the court makes it free, 6 last payrolls and the last two statements of the rent.
  • Each spouse goes to a lawyer and attorney.
  • The court sends a copy of the claim by certified mail and with acknowledgment of receipt to the other spouse, who has 20 business days to answer.
  • The trial is held when deemed by the court, where the arguments of both will be enforced through their family lawyers.
  • The judge can listen to minor or disabled children if they had enough judgment, especially those over 12 years old.
  • The judge may inadmit the interrogations of the spouses, considering that they are not objective and that they contribute nothing.

Respondent Spouse Options

  1. It does not respond to the demand by allowing the 20-day period to pass, and does not go to trial. He will be declared in default by the judge. In this case, it is understood that he admits what was said by the spouse who files the lawsuit.
  2. He does not answer the complaint but does go to trial (be a person). You will be able to know the measures that the Court sets in relation to custody, visits, food, use and enjoyment of the home
  3. It flaps up. Recognize the facts and requests of the complaining spouse as true.
  4. Answer the demand in time. He exposes his reasons justifying them and arguing against the actor.
  5. Answer and Reconvince. In addition to responding to the respondent spouse, he puts his own requests on the table.

Deadline to file for divorce

Since marriage is contracted, divorce can be filed for only one of the spouses provided that at least three months have passed since they were married.

But it can be requested before that period elapses if one of the parties proves that their life is in danger, or their physical or moral integrity, their freedom or sexual indemnity, even from their own children.

The legitimation in the divorce

Legitimizing is justifying the truth of a person according to the law.

In a divorce, he is actively entitled to sue either spouse, according to art 86 of the Civil Code.

But the legal representative of one of the spouses can also take the action if one is incapacitated.

How is the divorce action extinguished?

For two reasons, according to art. 88 of the Civil Code:

  1. Due to the death of one of the spouses.
  2. By the reconciliation of the same, which means that marital coexistence resumes.

The divorce judgment

Once the divorce trial is over, we have to wait a few days for the arrival of the judgment. Lo normal is that it arrives first in electronic format through our lawyer, and in a few days (sometimes it takes months), we will have it on paper.

A sentence is made up of 4 parts

  1. Heading where the plaintiff and defendant parties are indicated.
  2. Factual background, where the facts that motivate the demand are related.
  3. Fundamentals of Law
  4. Judgment, the most important part, explains the Judge's decision based on the fundamentals of law set forth above. It will be decided with whom the children stay (custody and custody), what visitation regime is established for the non-custodial parent, who is granted the use of family housing, the food pension to be paid and, the dissolution of the divorce . (In case there is a​ Settlement of the gain regime, can also be established, as well as a compensatory pension in favor of the spouse)

NECESSARY DOCUMENTATION:

  • Copy of identity documentation: DNI / residence permit / NIE and passport or ID CARD

INCLUDED SERVICES:

  • Prior advice.
  • Processing of service.
  • Sending of supporting documents.
  • Backup file of digitized documentation.
  • Attention of requirements when necessary.

PRICE OF SERVICES:

Fault divorce 890,00 euros*

*Price without VAT

 

INCLUDED SERVICES:

  • Collection and review of necessary information.
  • Documentation Review.
  • Preparation of preliminary drafts.
  • Sending the draft for customer confirmation.
  • Processing of service.
  • Sending of supporting documents.
  • Backup file of digitized documentation.
  • Attention of requirements when necessary.

 

 WHY E-CONSULTING ABOGADOS & GESTORES

EXPERIENCE

all our professionals have a lot of experience and are in a constant training process.

 

MAINTENANCE OF DEADLINES

all the deadlines established by law are strictly followed and controlled by the internal department.

NEW TECHNOLOGIES

we use the latest generation management software and all the existing technologies on the market.

QUALITY OF SERVICE

the quality of all services is constantly reviewed by the internal audit.

FREE CONSULTATIONS

all our clients are consulted regarding the services provided.

COMPENSATION OF SANCTIONS

We compensate the fines and interests produced by the fault of our accountants.

 

PROCESS: 

fill in the application attaching necessary data and documents

one of our professionals will contact you to see the details

Prepayment of service payment (standard payment method: 100% in advance

carrying out the necessary procedures to complete the requested service

sending the supporting documents for the service performed and final invoice.

 

SPECIALISTS

José Marí­a Esteve Rodrí­guez | Manager

José Marí­a Esteve Rodrí­guez

Manager

Ksenia Ilicheva | Tax advisor

Ksenia Ilicheva

Tax advisor

Begoña Gómez Olivas | tax and accounting area director

Begoña Gómez Olivas

tax and accounting area director

Sandra Milena Aranda López | Labor area director

Sandra Milena Aranda López

Labor area director

Marina Orts Rodríguez | Administration and accounting

Marina Orts Rodríguez

Administration and accounting

Vanessa Burillo Bernabeu | Legal services

Vanessa Burillo Bernabeu

Legal services

David Camacho Mazarro | Foreigner area manager

David Camacho Mazarro

Foreigner area manager

Sonia Micaela Cejas | Traffic area

Sonia Micaela Cejas

Traffic area

Tatiana Faedo Gukasian | Administration

Tatiana Faedo Gukasian

Administration

TOPIC MATERIALS

  • 27 01.2020
    Will divorce affect my taxes? part II
  • 24 01.2020
    I get divorced
  • 27 01.2020
    Will divorce affect my taxes? part I

ORDER A SERVICE "Fault divorce"

Thank you for contacting us, we will answer you as soon as possible.
Oops! An error occurred. Try again later, please.
You must fill in all fields marked with an asterisk.

Foundation year

2008

The professional activity of the company is ensured with the Civil Liability policy in the insurance company CASER.

  • Generalitat Valenciana
  • Unión Europea

Members of

  • Icali
  • economistas
  • Gestoría Administrativa
  • Colegio Oficial de Graduados Sociales de Alicante
  • Registro Oficial de Auditores de Cuentas

Certifications

  • ISO 9001
  • Club del Asesor
  • Confianza online
  • Quality certificate

Collaborators

  • Agencia Tributaria
  • Tesorería General de la Seguridad Social
  • Grupo System
  • Puntos de Atención al Emprendedor

Our Customers