Divorce: what is the legal procedure?

A divorce can be pronounced by a judge of the Superior Court only in one of these three situations.

The spouses live separately for at least 1 year (or there is a de facto separation for 1 year), adultery, physical or mental cruelty.

The legal consequences of a divorce are the following:

Termination of the obligation to live together, division of the family patrimony, dissolution of the marital regime.  A certificate of divorce is issued to the ex-spouses after the divorce has taken effect.

Amicable settlement

It is possible for spouses to divorce amicably by filing a joint petition for divorce on draft agreement. To do this, they will have to put in writing in a draft agreement all their agreements concerning the custody of children, the sharing of the value of property and other elements. The judge, if he accepts the draft agreement, will endorse it in his judgment.

In-camera divorce proceedings

Proceedings in family law are always held behind closed doors. The identity of the ex-spouses and children will not be revealed in the court documents and the judgment.

What is de facto separation?

Former spouses who lived separately for at least 1 year at the time of the divorce petition. De facto separation may exist even if the spouses still live under the same roof, but actually live apart in certain circumstances. In the event of a de facto separation, either spouse has the option of seeking a divorce. . The consent of the other is not necessary in this case.

It should not be forgotten that during de facto separation, certain obligations remain:

-they are still married in the eyes of the law;

-the rights and obligations arising of the marriage remain;

-one of the spouses may claim alimony;

-the spouses are jointly and severally liable for debts that have been contracted for the good of the family;

What is adultery or physical cruelty?

In a situation of adultery or physical or mental cruelty, only the spouse who suffers one of these situations can apply for a divorce. He must prove the fault of the other in the failure of the marriage.