What are the Procedures to Follow to Get Divorced

There are some steps that a couple needs to go through to get a divorce. And our family lawyer naples will guide you through them.

What is conciliation?

This is part of the mediation procedure that is being conducted in a marital dispute initiated by a lawsuit and aims to tackle a spousal conflict without conflict and without divorce.

The peace can be conducted by a court, the Center for Social Work, a specialized institution for mediation in family relations, or a marriage or family counseling service.

If the spouse conciliates during the conciliation procedure, the marriage divorce complaint will be deemed to be withdrawn. If there is no conciliation, or if one or both spouses who are duly summoned do not respond to the call for conciliation, a conciliation will not be considered and the settlement procedure will continue.

What is a settlement?

The settlement is part of the mediation procedure that is being conducted in a marriage dispute if conciliation has failed. The purpose of the settlement is that the relationship of a spouse is resolved without conflict after the divorce. The Court will endeavor to ensure that the spouses reach an agreement on the exercise of parental rights and an agreement on the sharing of common property. The settlement will be considered successful if the spouses conclude both agreements, and partly successful if they conclude only one of these two agreements. The settlement will be deemed unsuccessful if one or both of the spouses duly summoned does not respond to the call or if they do not reach any of the two envisaged agreements.

What are the consequences of divorce?

The consequences of divorce on spouses

The consequences of marriage divorce on spouses are reflected in the fact that they cease to have mutual rights and obligations arising from marriage. Spouses whose marriage is divorced have the right to immediately marry a new marriage. They can also retain their spouse's last name or take the last name they had before marriage. The obligation to support a spouse ceases to be a divorce, but under certain conditions it is possible to establish an obligation to support the divorced spouse. After divorce, as a rule, the division of common property takes place.

Consequences of divorce for children

The consequences of divorce on children depend on the court decision in which it is determined which parent the child will live, the way of seeing with another parent, and the amount of child support contributions paid by the other parent. After divorce, it is possible to open the possibility for the parent and minor child to acquire the right to live in an apartment owned by the other parent, provided that the child and the parent exercising the parental right do not have the property right on a habitable apartment and that such a decision does not constitute an obvious mistake for the parent who owns the apartment. This is only possible while the child is underage.

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