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Contentious Divorce: A Solution?

The contentious Divorce is the procedure by which the marriage is terminated in a non-consensual manner, and the main difference with a mutually agreed divorce is that in a contentious divorce, one of the spouses requests the divorce without the consent of the other, requiring it judicially by filing a contentious lawsuit, so that the terms are generally longer than in a mutually agreed Divorce.

It is mandatory that in contentious divorce each spouse be represented by a lawyer and a different attorney, so it is a more expensive process economically for spouses, longer and more complicated process and its duration usually ranges between 6 and 7 months depending on the court.

But, the question everyone asks is when is a contentious divorce really a solution?

Well, to answer this question we would need to know the peculiar circumstances surrounding spouses. However, in this post we can give some indications of moments that may lead to a contentious divorce, and therefore to a better solution of the conflict:

-1): The first case would be when one of the spouses does not want to divorce the other.

-2): The second case is established when one of the spouses does not let the other see the joint children of the marriage.

-3): The third case refers when the economic level of one of the spouses is damaged by the separation of the spouses.

-4): The fourth case is when there is a tense relationship between one spouse and the other spouse which makes it difficult to have custody and custody of the children, as well as relationships between them and third parties.

Through contentious divorce proceedings, the following measures will be agreed:

1- Patria potestad, Guarda y Custodia y Régimen de visitas (Guardianship and Custody and Visitation Regime)
2- Visitation of grandchildren with their grandparents
3- Assignment of the conjugal home and the trousseau
4- Alimony in your case in favor of the children
5- Dissolution of the Economic Regime, and liquidation where appropriate
6- Compensatory Pension for one of the spouses.

If you need more information, feel free to ask our experts here.