When there are minors involved and the two parties cannot establish mutually agreeable conditions, divorces tend to be tedious and even problematic. It is not an easy process and having children can make it a little more complicated.
If you have made the decision to get divorced, in the following article you will find some advice on what to do if I want to get divorced and have children. We will tell you about express divorce, its characteristics, its processing and its advantages. Discover how to get divorced and reach an understanding on issues of child custody, expenses or the use of the family home.
What is an express divorce
It is a procedure that allows two people to divorce without judicial mediation and without having to go to court. Digilex is a platform that allows you to start the express divorce process with children in the most agile, comfortable and bearable way for your family. Through this procedure you will obtain a regulatory agreement that both parties must accept, so that a judge does not have to intervene in the resolution.
Thus, express divorce is a quick and economical way that guarantees an “amicable” agreement. In this way, if both parties agree to the agreement presented, the divorce is much simpler and does not drag on in time, which could end up harming the children.
Characteristics of an express divorce with children
When it comes to ending a marriage with children, an express divorce is a very good option. The main characteristics of this type of divorce are:
- Judicial mediation is not necessary: it can be carried out without a de facto separation or a prior judicial separation, that is, no reason must be given to initiate this procedure.
- It is a mutual agreement procedure: the spouses must agree to end their marriage, as well as to regulatory measures such as the use of the habitual residence, the separation of assets or compensatory pension. Furthermore, if it is an express divorce with children, this point is much more important, since through the agreement agreements can be reached based on issues such as custody, visitation, use of the family home or alimony, among others.
- The couple must have been married for a minimum of 3 months: the duration of the marriage must also be taken into account when initiating an express divorce with children. In this sense, it is essential that the couple have married at least 3 months before the start of the process, except if the marriage may put the life, physical integrity, freedom or sexual indemnity of the spouses or partners at risk. children.
- One member of the couple must reside in Spain: Another requirement to be able to request an express divorce if you have children is that one of the spouses must reside in Spain.
How to process an express divorce with children
How is a divorce carried out when there are children? If the couple wants to end their relationship through an express divorce, the couple must follow these steps:
- Get advice beforehand with a lawyer specializing in family rights, who will advise the best formula for the separation of spouses with children.
- Start the procedures: When starting this procedure, one of the preferred formulas is to process it online, which is more flexible and there is no need to go anywhere in person to start it.
- Go to court: To complete the express divorce process, all that remains is to go to court for final ratification, that is, to sign the agreed regulatory agreement.
Processing an express divorce with children is the best way to end the marriage without the offspring suffering the rest. If the children are of legal age, but live with their parents and depend on them financially, they must give their consent to the agreed regulatory measures.
If you decide to opt for express divorce, you will only have to find a suitable professional to initiate the procedure and carry out the process of filing for divorce, present the regulatory agreement and, finally, you can ratify it judicially.
Advantages of an express divorce with children
Express divorce has many advantages over other judicial processes, especially when there is good harmony between the spouses and they want to find a quick solution to end the marriage. Among other factors, express divorce prevents children from going through a hard and long process. If you wonder why express divorce with children is more advantageous, here you will see the benefits of going this route:
- It is cheaper than divorces through judicial means, given that, in addition to being a shorter process, both parties can be assisted by the same attorney and lawyer. This allows you to save on representation costs and share the expense of fees.
- It is much faster than a contentious divorce, given that judicial proceedings or the presentation of testimonies and evidence are not required. To carry out an express divorce with children, only the will of both parties is required to end the marriage bond. After processing, you only have to wait 1 to 3 months to obtain the official divorce.
- Has less emotional charge: prevents suffering for spouses and children. This type of process has less emotional burden than contentious divorces, so exhaustion and wear and tear on the family can be minimized, a fact that directly harms the children.
This article is merely informative, at Psychology-Online we do not have the power to make a diagnosis or recommend a treatment. We invite you to go to a psychologist to treat your particular case.
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