Express divorce

divorce is a process by which the marriage bond is dissolved . It is, in other words, seen from a legal point of view, such as the dissolution of the marriage contract , a process in which the parties involved, in this case the spouses, must discuss and negotiate all responsibilities in order to continue with their lives independently. There are several types of divorces, one of them is express divorce , a quick and easy way to end a marriage.

What is an express divorce?

An express divorce is the legal separation of the marriage that is carried out by mutual agreement of the spouses. It is a faster, simpler and less expensive process both economically and psychologically to be able to dissolve the marriage bond.

  • What does it consist of
  • Features of express divorce
  • What is the express divorce for
  • How long does it take
  • Requirements
  • How to order
  • How to do without a lawyer
  • How much
  • Express divorce by country
  • Advantage
  • Importance
  • Sample model

What does it consist of

Express divorce is a procedure through which a marital relationship can be ended, it is a fast , agile and much cheaper process in which the two parties, understood as the spouses, are in full agreement to be able to dissolve the marriage . In this type of divorce, the same lawyer will be shared , which will help reduce the costs of the process and, if there are no children in the marriage, the express divorce can be carried out before a notary .

Features of express divorce

Its main characteristics are mentioned below:

  • It is also known by the name of divorce by mutual agreement .
  • The members of the marriage must be in full agreement with the process.
  • It is an easier process to do and has the advantage of reducing costs .
  • To do so, it is not necessary that the spouses have to allege any cause in order to start the process.
  • It does not need a prior separation by the married couple.
  • It simplifies the procedures in an important way.
  • It can be done through a judicial procedure or through a public deed .
  • The couple must have been together for at least three months after the wedding.
  • The spouses can be represented by the same attorney .

What is the express divorce for

This type of divorce serves to be able to carry out the legal separation of the marital partner in a simpler , faster way and at a much lower cost . It is a practical way to achieve the dissolution of the marriage bond when the couple fully agrees with the process.

How long does it take

After the divorce petition has been filed, signed in a mandatory manner by a lawyer and a solicitor , where all the important aspects related to the regulatory agreement are included, then two possible dates will be set, although generally in the first of them the marriage is dissolved without problems

The spouses must sign a procedural representation of the attorney and generally , it takes a time of between two and three months to be able to ratify the divorce process. Obviously this will also depend on the workload of the courts.

Requirements

The following requirements must be met in order to perform an express divorce:

  • The two spouses must have made the decision and be in mutual agreement , this implies the measures that will be adopted, the care and custody of the children, alimony , and other important aspects.
  • They must have lived together as a married couple for at least three months .
  • The parties must have an agreement regarding minor children, if applicable. In this regard, it is necessary to study and make decisions where both agree with respect to custody, food, studies, visitation regimes, expenses and guarantees.
  • The assets must be distributed through a legal process, in general, this requirement is completed at the time the express divorce is signed. In order to carry out this procedure, it will be necessary to previously carry out an inventory of the assets of the marriage and the respective valuation of each of them.

How to order

An express divorce must be requested before the corresponding judicial authority . The couple must also make the request before a lawyer so that it is he who can provide the necessary help with the process.

How to do without a lawyer

In most countries it is not possible to carry out an express divorce without the presence and help of a lawyer as the laws establish it. In several places the presence of a solicitor is also necessary . It is the lawyer who has the function of being able to draft the Regulatory Agreement , an important and necessary aspect to be able to process an express divorce in a positive way.

How much

The prices of express divorces can vary from one place to another mainly when there is a marital property regime established by the spouses. What can be guaranteed is that its price will be much less than a contentious divorce . To do this you need the help of a lawyer and the price ranges between 40 and 60 euros . There is also the option of attending and appearing before a lawyer from the administration of justice to request a “ power of attorney apud acta ”, which will save the couple the cost of the process.

There are some cases in which the cost may vary, especially if the express divorce is done through a trial. In these cases, it usually costs between 300 and 1000 euros since the fees of the lawyer and the attorney must be paid and the official fee imposed for court costs must be canceled .

Express divorce by country

Mexico

In this country, express divorce is in force in places like Tamaulipas, Yucatán, Nuevo León and Coahuila. It is processed through a judge and for it to be effective, there should be no conflict between the parties. It does not need grounds or legal reasons to be carried out.

Spain

It was implemented within the divorce law in 1981 and with the 2005 law for express divorce in this country it was possible to eliminate the waiting time, reducing it from one year to only three months. In this way, it was eliminated that a previous separation of the couple was necessary.

Argentina

The express divorce took effect in Argentina on August 1, 2015 and totally changed the way in which couples could get divorced. The long deadlines and the search for causes was quickly eliminated and a series of actions that had to be taken by a couple when they wanted to divorce were suspended.

USA

This is the fastest way to be able to process a divorce in the United States and it is enough that the spouses agree, arguing that their relationship does not work anymore. Both must have a prior agreement regarding the distribution of assets, minor children and alimony.

Advantage

Among the advantages that can be obtained through an express divorce the following are mentioned:

  • Greater speed in the process.
  • The procedures for its completion are more comfortable and simple, they can even be carried out online.
  • It is cheaper than other divorces.
  • It can be requested without there being a prior cause for the process.
  • The spouses should not be separated before to be able to be requested.

Importance

The importance of this type of divorce is above all its simplicity and speed in those marriages that wish to end their marriage contract in an efficient way while avoiding a large amount of paperwork and fights between the parties. It is a way in which the couple, once they have established mutual agreements, can move on with their private life.

Sample model

Citizen Judge of the Municipality of the Judicial District of the Colina Municipality of the State of Falcón. Your Office.- I, _________________, Venezuelan, of legal age, of this address, holder of the identity card N ° _______________, registered in the Inpreabogado under N ° _____________, acting in this act as legal representative of the citizens ____________________________________ according to It is stated in the Power of Attorney that it was conferred on me by the Public Notary ________________________________ of the Authentication Books kept by that Notary’s Office, which annex marked with the letter “A”, before you with due respect I come to expose and request:

CHAPTER I ON THE FACTS The applicants were married before the Macarao Parish Civil Registry, on July 12 (12), 2013, as recorded in Marriage Certificate No. 97, which annex marked with the letter “B”. From this union they did not procreate children. Likewise, I attach a simple copy of the identity cards of the spouses, marked with the letter “C”. After contracting the pre-named marriage, they established their marital domicile in the city of Caracas, at the following address: ____________________________________. Now, due to the fact that disagreements and incompatibility of characters have been generated between them that make their life together impossible, I go to your competent authority to request a divorce with the mutual consent of my clients.

CHAPTER II OF THE LAW

Once the factual situation of the applicants has been exposed, I base the present request for Divorce on article 185 of the Civil Code, in accordance with the sentence issued by the Constitutional Chamber on June two (2), 2015, File No. 12 -1163, which makes a constitutional interpretation of article 185 of the Civil Code and establishes, with a binding character, that the grounds for divorce contained in article 185 of the Civil Code are not exhaustive, therefore either spouse may file for divorce for the reasons provided for in said article or for any other situation that may prevent the continuation of life in common, in the terms indicated in judgment No. 446/2014, including mutual consent. According to this new criterion,

CHAPTER III GOODS

During the marriage, the spouses have not acquired property in common. CHAPTER IV PETITORY For all the foregoing, it is that a citizen Judge goes to his competent authority, on behalf of my clients, to order his DIVORCE OF MUTUAL CONSENT, in accordance with the above. Finally, I request that this document be admitted and substantiated in accordance with the Law. It is Justice that I am waiting for in the City of Caracas, on the date of presentation.

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