
Contested divorce: how it works
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A contested divorce occurs when it is necessary to go to court to resolve some pending issue between the two parties at the time of ending the marriage .
It is also called a contested judicial divorce and it is always mandatory for the couple to hire a lawyer - or seek support from the public defender's office. There are websites with lawyers specialized in expediting divorce online.
This step is mandatory for the end of the civil marriage , as provided for by law.
Let's understand better how it works?
Pending issues between the couple
This is certainly the kind of process that everyone wants to avoid, especially when thinking about getting together with someone.
This is because it only happens when the two do not agree on some issue of the separation.
Most of the time, it happens because one of the two does not want to separate from the other.
Or even when the couple has minor children and they need to decide important issues concerning them. This could be regarding the payment of child support or even child custody.
Another very common reason is the disagreement about how the couple's assets will be shared, depending on the property regime chosen at the time of the union .
Legal action
In such a situation, the couple must file a lawsuit. The lawsuit must be filed by a lawyer or public defender.
Thus, the spouse who requested the action will be the plaintiff and the other, the defendant. This does not mean that the defendant will only have to comply with decisions.
This is because after the action has been initiated, the Family Court judge will call both parties to conciliation hearings, where they must seek the best solution to the conflicts.
Both must be present when called and whoever is absent may be penalized with a fine.
If there is no agreement with the judicial intermediary, the judge will decide and determine the rules that both parties must follow.
How to start the divorce process
Whether consensual or not, some steps are mandatory for the separation process to be official.
The first step is to go to a notary's office or apply for divorce online . It is free.
In general, the registry offices and the federal government's online divorce system require some documents, which are:
- Original and copy of ID and CPF
- Birth certificate of child(ren) (if applicable)
- Marriage certificate
- Proof of assets involved in the division (if necessary)
Other guidelines
Guidance is important for those people who, upon marriage , decided to change their name .
Request the change at the time of divorce, to make it easier to change the name on documents later.
It is worth noting that all the types listed are also valid for the end of same-sex marriages .
By following these guidelines, this not always easy process can become a little less painful and painful for both parties!
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