How to start a divorce?
Many clients come to us for issues related to divorce proceedings. As attorneys, it is our task to provide the necessary legal advice in these cases, so below we will explain the most important points on this subject.
Types of divorce
There are two ways to propose a divorce: contentious and by mutual agreement.
- If one of the spouses decides to file the divorce petition unilaterally, we will say that the divorce is contentious;
- If both spouses decide to present it jointly, then we will say that it is by mutual agreement.
The way in which divorce is processed is one of the first considerations that must be taken into account, as it will affect the duration of the same. On the other hand, divorces by mutual agreement allow the couple to bring the same lawyer and attorney, which is known as joint representation.
Role of the attorney during the divorce
According to the Law of Civil Procedure, the procurator exercises the procedural representation of the clients, while the lawyer has conferred the technical defense. They are two different and complementary tasks, which is why a solicitor is necessary in these cases. On many occasions we find ourselves with the question of whether it is necessary to take a lawyer: as we have just seen, the task of the attorney complements that of the lawyer and therefore his figure is very important.
In any case there are exceptions: in this matter, it is not mandatory to have a lawyer if the divorce is processed before a notary -express divorce-. In these cases, you must contact us to verify if you meet the necessary requirements to make an express divorce.
Ask to an english lawyer
In our office in Marbella we will answer all your legal questions and exercise the procedural representation before the Courts. For more details, do not hesitate to call us and request a prior appointment with our team of professionals.