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Frequently Asked Questions

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In case of divorce and separation, the law requires a lawyer to intervene. The only exceptions to the obligatory nature of hiring a lawyer are judgments on claims of amounts of less than a certain amount of money.

Notwithstanding the foregoing, in cases of divorce by mutual consent, it is possible for both spouses to share the same lawyer, so that the costs are significantly reduced. However, it is also possible that in a divorce procedure by mutual consent each spouse has a different lawyer, with which the costs are doubled.

In cases of contentious divorce, the law requires that each spouse have a different lawyer to represent them and work for their interests.

No. They are different options although many times in the colloquial language we use them indistinctly. Broadly speaking, we can consider that separation is a procedure that allows you to regulate the relationships of the spouses and that enables them to live separately, but does not break the marriage bond.

On the contrary, divorce goes further and allows to put an end to the marriage bond, with which the spouses are no longer united and can remarry.

There are two types of divorce depending on the procedural modality chosen. A first type is divorce by mutual consent, indicated for cases in which the spouses can reach an agreement on certain issues: custody of underage children, visitation scheme, alimony, attribution of family home, etc.

Divorce by mutual consent or express divorce is a faster option, this does not require to hold a trial and the costs are much lower. Remember that in case of choosing divorce by mutual consent, the spouses can share the same lawyer, with what the expenses will be much lower than those of contentious divorce.

Contentious divorce is the second type. This modality is indicated for cases in which the spouses cannot reach an agreement transcendental topics or cases in which the differences between the spouses are irretrievable.

To start a divorce procedure the following documents are needed:

• Marriage certificate.
• Certificate of birth of the common children.
• Certificate of registration of one or both of the spouses.

In addition to the previous documents, in case of divorce by mutual consent it will be necessary to formalise a regulatory agreement that we take care of drafting and making following the instructions of the clients and that will be presented before the court to obtain the judicial approval.

The time it takes depends on the workload of the Court in which the divorce claim is filed. The divorce by mutual consent is much faster in its processing than the contentious divorce. At present, Getafe courts are taking about 2 months to process a divorce by mutual consent or express divorce.

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At Melbourne Family Lawyers Co, we will provide you with top legal representation so you are able to spend time with them, prevent improvised relocations, and avoid financial affections due to property settlements and goods distribution.