A discussion with your partner, the relationship that gets cold, different ideas and finally the flame of love that goes out. If the time has come for you and your partner to take different paths, if you don’t want to force a marriage with an expiration date, divorce is surely an option you have contemplated. And it won’t be easy, because although in many cases choosing to dissolve the marriage union is the best solution in the face of an irreparable situation, the truth is that it is a decision that is difficult to make, to assume, and to carry out.
The emotional factor and the many experiences lived with the other people are set aside to give way to a complex legal process, with many factors, many interests and in which each party will seek to obtain what it considers fair for itself. In a divorce case, the first thing you need is to hire a lawyer who specializes in family matters and can advise and represent you before your spouse and the courts. Trust a specialist to make the process as harmless as possible for you. We want to show you how to choose the best lawyers in Barcelona and make the whole process a little bit easier.
What kind of divorce do you want?
The first thing you have to ask yourself is what you want your divorce to be like. There are unavoidable causes, such as having children, but there are other things that will depend directly on you and your partner. The first thing you should know is the economic regime that governs your marriage. If you are in a community property regime, the process is going to be a little more complex than if you are in a property separation or participation regime. Once identified (you can find it in the capitulations) it is time for you and your lawyer to draw up a plan.
It is very helpful in these cases that the couple, despite the pain of the breakup, is able to find a point of understanding from which to trace a negotiation process. If you want to save money, divorces by mutual agreement are generally cheaper and more beneficial for both parties, although this is not always possible because it will depend on each other’s estate and, above all, on how it has resulted in a situation of marital estrangement until the divorce petition is filed.
In any case it is essential that you do not lose your nerves because in such a situation any maneuver can be taken against you, any symptoms of weakness can be exploited and a decision taken in hot weather can take its toll for a long time. The colder you keep your head, the better you’ll think, and if you and your partner manage to find a positive dialogue, you’ll both benefit. It is also more than advisable to listen to the advice of your lawyer. That person has worked in many divorce cases and knows what your chances are, so accept their advice and ask whatever you consider appropriate to clarify any doubts you may have before rushing to act.
What if we have children in our care?
As we indicated, during the divorce process the lawyer will be your best ally. The first objective is to ensure that your interests are respected and, if possible and not, to avoid a judicial process through prior negotiation.
It should be borne in mind that if you have children in common, other important factors such as parental authority, guardianship and custody, visitation and alimony come into play. In essence, all these points must be discussed beforehand between the parties because they will determine who will take care of the children, how and when, the days and hours that the other spouse will have available to visit them, and the money that must be spent with each other to support the children.
These are points that usually generate conflicts and whose situation must be managed. Ideally, common sense should prevail and favourable conditions should be agreed upon for both spouses, always bearing in mind that the protection of the least and their rights are fundamental to the healthy growth of the child.