Do you need a specialist lawyer to help you with your separation procedure? Do not hesitate to contact professionals for advice as quickly as possible with one of experienced lawyers. However close, divorce and separation are actually two different concepts from a legal point of view. Divorce and separation share the same causes moreover dealt with in the same branch of law, but do not entail the same consequences.
So close, so distant
Every contract has an end. Marriage being a contract, divorce is one of its possible terms. Long ignored by lawmakers, divorce has become a common occurrence in modern societies. It does not remain about it less a difficult test on the sentimental level but also financial. There are two families of divorce: litigation divorce and non-contentious divorce. In all cases, divorce returns the spouses to their pre-marriage situation. You can choose Divorce rothdavies.com there.
Separation, on the other hand, can be an alternative to divorce. In a separation, the conjugal bond is not completely broken the marriage remains but certain obligations cease. This is the case with the obligation to cohabit. On the financial level, the regime of separation of property is an exception and constitutes a marriage contract.
Divorce and separation must be ordered by a judge for them to take effect. The Law of Divorce and Separation is recognized by almost all of the States of the planet, except the Philippines and the Vatican which refuse the right to divorce.
The Procedure to Follow
Divorce and separation may be common today, but the process is still time consuming and expensive in most countries. The spouses inform a judge of their decision to separate or divorce. Each of them can have recourse to a lawyer specializing in Divorce and Separation Law to defend their interests, they can also, in certain cases, consult the same lawyer. It is up to each spouse to choose his lawyer. The lawyer specializing in Divorce and Separation Law has the role of advising and representing the spouse.
Divorce by Mutual Consent
Also called amicable divorce, this is the fastest, easiest and cheapest divorce procedure , as it does not require court intervention. It is suitable for spouses who agree to break the marriage and all the consequences of the breakup.
Divorce for Acceptance of the Principle of Rupture
This procedure is suitable for spouses who want to end their relationship but who cannot reach an agreement on the consequences of divorce (custody of children or liquidation of assets, for example). It is then up to the judge to rule on the points of disagreement.
Divorce for Fault
One of the spouses can initiate this contentious divorce procedure because of a serious or renewed breach of the obligations and duties of marriage, no longer allowing the maintenance of common life.
Divorce by Lawyer’s Act
Entered into force, it is also called divorce without a judge. Spouses who wish to divorce need only draw up a divorce agreement with the help of their respective lawyer. They agree in this document on divorce and all its effects. The agreement is then filed with a notary who will keep it in the form of a minute.