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Contentious Divorce: An effective solution to get divorced?

Contentious Divorce: An effective solution to get divorced?
Contentious Divorce is the procedure by which the marriage is ended non-consensually, and the main difference with divorce by mutual agreement is that in contentious divorce, one of the spouses requests a divorce without the consent of the other. , requiring it judicially by filing a contentious lawsuit, so the deadlines are generally longer than in the Divorce by mutual agreement.

It is mandatory that in the contentious divorce each spouse is represented by a different Lawyer and Attorney, so it is a more economically costly process for the spouses, longer and procedurally more complicated since its duration usually ranges between 6 and 10 months depending of the Court.

In what cases should a contentious divorce procedure be initiated?

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

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

This is the only type or type of divorce to be executed when one member of the couple wants to divorce the other, and does not obtain the consent or will of the other party to make the divorce effective. This situation happens on many occasions, in women who have unfortunately suffered processes of gender violence, in which the husband refuses to collaborate in the divorce and flatly refuses to divorce the wife who is the abuser. It also happens in divorce proceedings between people with a high degree of dependence on the other, both emotionally and economically, in which one of the members refuses to accept ending the romantic relationship.

Therefore, in all these types of procedures, there is no other alternative than to put yourself in the hands of experts and carry out a contentious divorce.

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

In the event of conflicts that greatly and/or seriously harm the quality of life of the children or descendants, it is always advisable to carry out this type of process, since the figure of the public prosecutor or prosecutor's office and the figure of a judge, who will judge, will intervene in it. whether or not the conduct established is reprehensible and subject to condemnation. It is a process in which psychological reports of minors can be requested and provided, in which there is evidence of the problems that affect them.

3) The third case refers to when the economic level of one of the spouses is harmed by the separation of the spouses.

It is a quasi-obligatory case, when one of the spouses is seriously harmed by the purchasing power that they lose in the event of a divorce, making it necessary to ask for justice and for the affected party to receive a compensatory pension or a pension for work reasons, due to to the great imbalances that have arisen as a result of divorce, since one party continues to have the same purchasing power and the other loses economic and patrimonial power compared to the situation in which they found themselves in the past, when they lived together as a couple.

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

When there is a bad relationship between both members of the couple and it is not possible to formalize a divorce by mutual agreement, due to innumerable differences between the spouses, it is advisable to initiate a contentious procedure, in order to resolve these disputes through judicial means. Each party will be represented by its own lawyer and attorney, which will guarantee the client's defense until the end.

Ensuring the objectives and priority points of the case, such as the adoption of guardianship and custody of the children and the establishment of a decent alimony, to be able to keep the minors in good condition.

You can also choose not to divorce and legally separate from your spouse, which is why it is important to know the differences between separation and divorce.

What measures will be agreed upon in a contentious procedure?
  • Parental authority, guardianship and custody and visitation regime.
  • Visitation regime for grandchildren with their grandparents.
  • Attribution of the marital home and trousseau.
  • Alimony, if applicable, in favor of the children.
  • Dissolution of the economic regime, and liquidation if applicable.
  • Compensatory Pension for one of the spouses.

Contact lawyers specializing in marriages and get advice with guarantees before getting divorced 

Contact our family law firm, and our best professionals in marital separations will study your specific case.

We have a lot of experience in this type of process throughout Spain, and we also have offices in:

Barcelona law office
Madrid law office
Reus law office