What is Unilateral or Forfeited Divorce?
The Forfeited or Unilateral Divorce is a judicial request and is characterizes by:
It is only necessary for one of the spouses to request it from the Judge, who will set a hearing to confirm the will and without having to explain motive or reason for such decision.
What are the Requirements for Unilateral or Forfeited Divorce?
To start the process of Forfeited or Unilateral Divorce the following is needed:
- Marriage certificate
- Birth Certificates (Children)
- Request Form
- Proposal for a Convention
In cases where real or personal property has to be divided, the following documentation must be presented to the Judge:
- Product Invoice
- Public Property Deeds
- Public Deeds of Companies
- Official Valuation Expertise
- Letterhead Payment Receipts
- Bank statements
How long does the Forfeiture / Unilateral Divorce process take?
To explain the temporary nature of this service, it is important to know the steps that will be taken in the divorce process.
15 days after the presentation of the Request to the Family Judge with all its documentation, the Admission of the Request will be published in the Family Court and it will be sent for notification within the next 15 days.
A Clerk / Notifier of the Judicial Power will deliver the copy of the application to your spouse and will have 9 days to inform the Judge of what is necessary.
The judge will set the hearing date in the next 20 days, once the aforementioned 9 days have passed.
What should the family agreement contain?
The following requirements are commonly observed for Divorce family agreements Voluntary and Seized / Unilateral in the laws of our States:
- Who will live with the minors and the disabled in the same address
- The Calendar of Visits and Coexistence that the family member who does not live with the minors will have
- The amount, mode, and form of payment of the nutritional care of minors
- The guarantee that corresponds to the 12-month calculation of the food payment
- Who will continue to live in the house during and after the separation
- The express confirmation of the address of both spouses and the obligation to communicate any change of address
- How to divide and use the Marital Partnership during and after the separation