Getting Divorced Step By tep
Ending a marriage involves enormous stress. Not only is it difficult to say goodbye, but you also have to see
who gets the floor, the property and the children (if any) and who has to pass a pension to the ex.
A lot of things are broken with a breakup
The problem is exacerbated if the separation is by mutual agreement and is made by legal action, which requires
providing evidence of the causes of the rupture.
The divorce lawyers vary in services depending on the complexity of the case, the difficulty of the
negotiations, for example, the number of appeals and claims for the divorce to be initiated at the request of one
of the plaintiffs.
In addition, law schools do not have to have the same rates. However, we can say that a lawsuit of separation
and subsequent divorce by mutual agreement, including judicial decision, can cost between 900 and 1,650 euro per
There are also cases in which the two partners hire the same lawyer because they do not trust each other to get
If legal action is used, each party is represented by a solicitor and assisted by a counsel. Each spouse must
pay at least 1100 euro up to 1,800 euro for the lawyer, plus a 300 or 360 euro for the prosecutor. These fees can
increase if there are incidents throughout the process, the waiting time also increasing in such situations.
Pensions, the big problem
One aspect taken into account by judges when initiating a divorce is the protection of the party who is
considered more impaired at the break. In 90% of cases in which the couple resort to legal action, she gets custody
of children, the family home and maintenance for the children.
It is important to note that the pension is granted to the children and not the spouse who gets custody,
although they will be the person who administers it.
The amount will be decided by the judge according to the needs and spending habits of the children, not to
mention the economic circumstances of the parents and the number of children the pension must be provided for. The
maintenance of a child can reach up to 30% of the income of the parent who has to pay.
Another different thing is the alimony for the spouse for whom the separation or divorce causes an economic
imbalance, usually the woman being the one who receives it. When calculating it, the years of marriage, the
commitment of the woman to the family, the age, the ability to enter the labor market, the health and the property
available are all taken into consideration.
The regulatory agreement
This document contains the rules governing the end of your married life, i.e. the conditions of the
guardianship, custody and visitation of children, the use of the marital home, pensions and economic distance.
If separation is contentious, the process can be extended much, because the person filing the complaint includes
whatever conditions they want, which rarely coincide with the requirements of the other party.
It will therefore be the judge to set a provisional basis, the measures governing the lives of the couple during
the separation procedure and so on. These measures can be ratified or modified in the decree of separation.
If you get a divorce by mutual consent, the verdict is obtained in 2 or 3 months and if there is litigation
involved, the final decision may be made in several years.
The divorce may be sought:
- One year after filing the petition for friendly separation.
- After two consecutive years of effective cessation of marital cohabitation (if the separation has been
allowed freely by both spouses).
- After five years of effective cessation of marital cohabitation, at the request of either of the two
- If convicted for an attempt against the spouse’s life, their ascendants’ or descendants’.