Below we detail information of interest about the different types of divorce there are two and the degree of complexity can vary greatly. One of the best divorce attorney in Oakville describe the processes and phases that must be passed to end a marriage.
The Types of Divorce that Exist: By Mutual Agreement and Contentious
Divorce is regulated by the civil code, successively reformed to give rise to new realities. It is convenient to indicate that the terms may vary depending on each case. Today there are no longer listings to allege causes of separation and to divorce that previous step is not necessary.
Divorce by Mutual Agreement
Divorce by mutual agreement is the preferred option for the vast majority of couples. This formula increases year after year and in 2017 already accounted for 77.2% of the total.
A divorce by mutual agreement is based on a joint lawsuit of the two spouses before the court. This document must include a regulatory agreement that indicates the distribution of common property and custody of minor children. The vast majority of the time, the judge accepts this agreement if he finds that there is no helplessness and the juvenile prosecutor agrees.
The contentious divorce is chosen by the majority for three reasons. The first reason is that it is cheaper because there is only one lawyer and only one attorney. The second reason is that the process is faster because, under normal conditions, it takes less than 3 months. Finally, because it is less traumatic.
The Contentious Divorce
Contentious divorce is a possibility in decline and, in fact, today only 22.8% of couples choose this formula.
Contentious divorces are based on disagreement because the divorce lawsuit is filed by one of the parties. This means that each person will have to hire their lawyer and attorney. Another issue to assess is that the view is more complex because there are two sides facing each other. The deadlines are extended and it is normal for the process to last between 6 and 9 months. The result is that the divorce process is much more expensive.
The contentious divorce is only necessary in cases of manifest incompetence of one of the spouses to take care of the children in common or when there are serious discrepancies by the distribution of the common goods. It also happens that, on occasion, one party asks for financial compensation from the other.
The types of divorce are determined by the will of the spouses, so it is convenient to know their characteristics. Information is essential to raise a fair divorce.
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