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How Can a Person File for Divorce

May 21, 2019

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There are two ways of getting a divorce according to naples family law firm. The first is the consensual divorce that requires the spouses to agree on all matters of importance for the divorce (child’s trust, property divorce, the amount of child support contribution and the way of maintaining a child’s personal relationship with another parent), and another way is to divorce by lawsuit if spouses cannot agree on divorce or about the most important issues related to divorce.

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What is a consensual divorce?

A consensual divorce is a divorce whose basic feature is the consent of a spouse to divorce. Spouses have the right to divorce if they conclude a written divorce agreement. It is necessary for the spouses to submit a written agreement on the exercise of parental rights and a written agreement on the sharing of common property with the proposal for an amicable divorce.

In a written agreement on the exercise of parental rights, spouses may agree to jointly exercise parental rights or that parental rights are exercised by only one parent. If they decide to have parental rights only by one parent, the agreement must include an agreement on the trust of a joint child to one parent, an agreement on the amount of child support payable by another parent, and an agreement on how to maintain a child’s personal relationship with another parent. The court does not have to adopt a parents’ agreement on the exercise of parental rights if it considers that it does not correspond to the interests of the children, but can regulate their relations in a different way.

A proposal for an amicable divorce shall be filed with the competent court in the place of residence or residence of one of the spouses, or in the place of their last common residence.

What is divorce based on the lawsuit?

Divorce lawsuits may be filed by both spouses if marital relations are seriously and permanently disturbed or if the spouse’s life spouse cannot objectively be realized.

The lawsuit is filed with the court in the place where the defendant is domiciled, and may also be filed in the place where the spouses had their last common residence.

In the course of the divorce proceedings, a mediation procedure is envisaged in order for the parties to calm down or reach an agreement on the most important issues.

What is Mediation?

The mediation procedure is an integral part of the proceedings in a marriage dispute initiated by one of the spouses. Mediation consists of two phases and includes a conciliation procedure and a procedure for an attempt to conclude the dispute conciliation (settlement). Spouses may only give consent for the settlement. Mediation is not carried out if one of the spouses does not agree to mediation if one of the spouses is unfit to reason if the residence of one of the spouses is unknown or if one or both spouses live abroad.

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Source: https://nicolelgoetzplfamilylawappeals.home.blog/2019/05/16/can- person-file-for-divorce/