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Posted: Wed Dec 18, 2024 7:03 am
How shared custody is exercised
Well, there are as many ways to exercise it as there are cases of separation because it can be adapted to each particular case. But, normally, they are one of these ways:
Shared custody in the same home : in this case, it is the parents who have to leave the home when the other parent is entitled to custody and the minor or minors will always remain in the family home.
Custody is exercised at different addresses : in this case, it is the minor who has to travel and go to the home of each parent during the period that corresponds to him/her.
Coexisting shared custody , that is, both parents live in the same home.
Regarding the time of joint custody, it is usually attempted to be car owner database equal for each parent. However, sometimes this is not possible for various reasons, and the minor will spend more time with one of the two parents.
It is very common to think that if joint custody is granted, each parent is responsible for their own expenses and there is no need to pay child support. First of all, we must bear in mind that each case is different and depends on the personal and economic circumstances of the parties.
Divorce is regulated in Title IV, Chapter VIII of the Civil Code . Within this regulation you will not find the figure of express divorce as such , but it consists of the dissolution of the marriage bond, as in ordinary divorce, the only thing that is faster and cheaper.
If you want to start the process of this type of divorce, it is important that you meet a series of requirements. We recommend that you put yourself in the hands of a family lawyer since they are experts in the field and will be able to advise you in a specialized manner.
Furthermore, in express divorce proceedings it is compatible for both spouses to be assisted by the same lawyer, which represents a saving since in contentious divorces each spouse must be assisted by his or her own lawyer and have a solicitor.
How is an express divorce processed?
In order to start the express divorce process, it is necessary to meet the following requirements :
Mutual agreement of the spouses: it is necessary that the spouses agree to dissolve their marriage bond, as well as on the measures to be adopted. Therefore, it is important that there is a good relationship and communication between them.
You only need to be married for three months to apply for an express divorce (as a general rule).
The parties must draft the regulatory agreement by mutual agreement. This document will establish the most important points of the divorce, such as:
Custody and care of minor children of the marriage
Child support
The effects on the common heritage
The spouses must reside in Spain , or at least one of them.
If these requirements are met, the proceedings for this divorce can be initiated. We reiterate the need to put yourself in the hands of professionals who are experts in the matter, for example an express divorce lawyer in Malaga, who will advise you in a specialized manner whether you go alone or if both spouses go to prepare the dissolution of the marriage.
Formalities
Find a lawyer to represent both spouses and process the divorce.
Prepare all necessary documentation: marriage certificate, birth certificate if there are children, municipal register, family record book, etc.
Prepare the regulatory agreement
Prepare the petition and submit it to the Court (or to the notary if the requirements for a divorce before a notary are met) along with the agreement.
The spouses will be summoned to appear at the court to ratify the agreement . This is usually a very quick process, taking just five or ten minutes.
A judgment is issued. The court will issue two copies or certified copies of the judgment, one for each spouse.
The ruling is notified to the Civil Registry so that the date of the dissolution of the marriage is recorded on the marriage certificate and the process ends.
As you can see, it is a simple and fast process. An express divorce in court can take between 1 and 3 months , and if the divorce is before a notary, these periods are reduced even further and a person can be divorced in just a few days.
Well, there are as many ways to exercise it as there are cases of separation because it can be adapted to each particular case. But, normally, they are one of these ways:
Shared custody in the same home : in this case, it is the parents who have to leave the home when the other parent is entitled to custody and the minor or minors will always remain in the family home.
Custody is exercised at different addresses : in this case, it is the minor who has to travel and go to the home of each parent during the period that corresponds to him/her.
Coexisting shared custody , that is, both parents live in the same home.
Regarding the time of joint custody, it is usually attempted to be car owner database equal for each parent. However, sometimes this is not possible for various reasons, and the minor will spend more time with one of the two parents.
It is very common to think that if joint custody is granted, each parent is responsible for their own expenses and there is no need to pay child support. First of all, we must bear in mind that each case is different and depends on the personal and economic circumstances of the parties.
Divorce is regulated in Title IV, Chapter VIII of the Civil Code . Within this regulation you will not find the figure of express divorce as such , but it consists of the dissolution of the marriage bond, as in ordinary divorce, the only thing that is faster and cheaper.
If you want to start the process of this type of divorce, it is important that you meet a series of requirements. We recommend that you put yourself in the hands of a family lawyer since they are experts in the field and will be able to advise you in a specialized manner.
Furthermore, in express divorce proceedings it is compatible for both spouses to be assisted by the same lawyer, which represents a saving since in contentious divorces each spouse must be assisted by his or her own lawyer and have a solicitor.
How is an express divorce processed?
In order to start the express divorce process, it is necessary to meet the following requirements :
Mutual agreement of the spouses: it is necessary that the spouses agree to dissolve their marriage bond, as well as on the measures to be adopted. Therefore, it is important that there is a good relationship and communication between them.
You only need to be married for three months to apply for an express divorce (as a general rule).
The parties must draft the regulatory agreement by mutual agreement. This document will establish the most important points of the divorce, such as:
Custody and care of minor children of the marriage
Child support
The effects on the common heritage
The spouses must reside in Spain , or at least one of them.
If these requirements are met, the proceedings for this divorce can be initiated. We reiterate the need to put yourself in the hands of professionals who are experts in the matter, for example an express divorce lawyer in Malaga, who will advise you in a specialized manner whether you go alone or if both spouses go to prepare the dissolution of the marriage.
Formalities
Find a lawyer to represent both spouses and process the divorce.
Prepare all necessary documentation: marriage certificate, birth certificate if there are children, municipal register, family record book, etc.
Prepare the regulatory agreement
Prepare the petition and submit it to the Court (or to the notary if the requirements for a divorce before a notary are met) along with the agreement.
The spouses will be summoned to appear at the court to ratify the agreement . This is usually a very quick process, taking just five or ten minutes.
A judgment is issued. The court will issue two copies or certified copies of the judgment, one for each spouse.
The ruling is notified to the Civil Registry so that the date of the dissolution of the marriage is recorded on the marriage certificate and the process ends.
As you can see, it is a simple and fast process. An express divorce in court can take between 1 and 3 months , and if the divorce is before a notary, these periods are reduced even further and a person can be divorced in just a few days.