FAQ FREQUENTLY ASKED QUESTIONS ABOUT FAMILY LAW: DIVORCE, FOOD TOURS. DIVORCE ABROAD, cohabitation
LAW LEGAL CONSULTATION FAMILIA.Estudio JEANGEORGES & Associates Attorney Legal Learn about the different themes available in this practice area as available via web form to a lawyer of Rosario.
FIND HERE FREQUENTLY ASKED QUESTIONS YOUR FAMILY LAW ISSUES (Source:
http://www.inmueblelegal.com.ar/Derecho_de_familia_consultoria.html WHAT TYPES OF DIVORCE ARE THERE?
There are several types of divorces.
a) The most common and recommended is the PRESENTATION BY DIVORCE JOINT OR MUTUAL AGREEMENT. In this type of divorce is to prove the grounds for divorce, also may have 1 or 2 hearings and sometimes there is no audience (when more than three years ago that there is separation of fact)
b) Another common type of divorce is the adversarial or contentious, when one of the two spouses do not want to sign the divorce filing jointly, or not agree, but divorce is long and conflicted contradictory in this type of divorce is to prove the grounds for divorce.
MANY LAWYERS ARE REQUIRED TO PROCESS A DIVORCE?
is necessary for a divorce firm of two lawyers.
MUCH IS THE TIME THAT CAN LAST THE PROCESS OF A DIVORCE?
court That will depend on the tap and the divorce rate is. Normally a joint presentation divorce can last a few months, whereas an adversarial divorce can last a long time.
ARE THE GROUNDS FOR DIVORCE? These lists the causes of the Civil Code, these are adultery, attempted one spouse against the life of another or the children, whether or not common, either as principal, accomplice or abettor, the instigation of one spouse to another to commit crimes, serious injuries and voluntary departure and malicious. These last two are the common causes in order to prove and so the judge granted the divorce. Encesario will always be substantiated, it is more common with witnesses. The abandonment must be voluntary and malicious, it is necessary both acontecimeintos happen.
THERE OTHER CAUSES OF DIVORCE?
SI, Alcohol, a drug addiction and mental changes of a permanent character
CAN ONE OF SPOUSE WHEN NO DIVORCE CAUSES SERIOUS?
Yeah, you can in this case could have these options
can separate when coexistence would be halted for a period longer than 2 years.
can divorce when coexistence would be halted for a period longer than 3 years and has not will return to join.
WHERE TO START THE DIVORCE? PROFICIENT WHAT IS THE JUDGE?
The competition is governed by what has been the last matrimonial domicile of the spouses or could come to the residence of the respondent spouse. The judge would usually last the judge's family home.
Hence this note with our JEANGEORES ATTORNEY LAW FIRM & ASSOCIATES DIVORCES can only intervene in people that their last marital domicile was in ROSARIO.
YEARS MARRIED AS THERE HAVE TO BE ABLE TO START A DIVORCE?
To start a Contentious Divorce: no minimum periods.
To start a personal Separation Joint Submission: 2 years of marriage
To start a divorce for Joint Submission: 3 years of marriage.
To start a divorce on the grounds of separation of facts: more than 3 years apart (not married).
AS ARE THE TYPES OF GOODS THAT ARE THE SPOUSE? From the moment you get married, all assets acquired and when called PROFITS divorce accounts for half to each, although under the name of one of them and whoever was the one who provided the money to buy it. It can happen if, after any married the spouse receives an inheritance or gave him a well, the divorce will not be shared with the other or the other.
The other property is called OWN, and is one that each spouse had before marriage and those who inherited or given away after I married him, which we mentioned earlier. These goods are not distributed when they divorce, which still had them.
DOCUMENTATION THAT YOU NEED TO START A DIVORCE?
marriage certificate is required, birth certificates of children, a photocopy of the first two leaves of the DNI and if there are assets, their property titles.
All items must be those issued by the Civil Registry concerned, they are authenticated and has no older than 6 months.
If you are not in possession of such items, we provide the Stewardship SERVICE OF ITEMS AND SANTA FE ROSARIO, for this visit:
http://www.partidasderosario.com.ar .
WHO ARE THE PARENTS WHO HAVE OBLIGATION TO FOOD?
obligation
Both parents have food on their minor children, and grandparents will have the alternative.
AGE IS REQUIRED TO FOOD THAT PARENTS? to the age of majority, ie up to 21 years old, and a common error amyoria d ela people believe it is up to 18 years age, since in this country the Republic of Argentina's most age begins at age 21.
FOOD DUE MAY BE CLAIMED?
food can only be claimed retroactively for a period of 5 years, if the food is fixed by agreement or sentence, ie if there is no agreement or decision can not be claimed retroactively food.
IF A PARENT DOES NOT PAY TO SUSPEND FOOD POSE PARENTING?
not in any way. 24,270 but the law is punishable by imprisonment from one month to one year the third party illegally impedes or obstruct the contect children with parents living together. If the case a child of ten years or a disabled person, the penalty is six months to three years in prison.
The same penalties incurred by the parent or third party to prevent contact with the child's father lives with, so change his domicile without a warrant.
If the same purpose as moving abroad, without judicial authorization or exceeding the limits of this authorization, the prison terms will increase to twice the minimum máximo.El and half the court must: Have a term not exceeding ten days, the means necessary to restore the child's contact with their parents.
A PARENT IS TO BE ATTRIBUTED the marital home?
In the case of retirement, if there is one property that meets the minimum requirements may not be settled until the coming of age of the children, and will atruibuido parent who has custody of minor children until age of majority .
alimony FIXING A JUDGE OR AN AGREEMENT IS FINAL?
not in any way the fee may vary if you have changed ncesidades was taken into account when setting rates. May increase or decrease through that incident is known as quota increase or decrease food
TENURE OF CHILDREN CAN BE SHARED? Initially parents may agree which of the two wield tenure and the other may have a broad regime of visits, the practice could be a regime of joint custody, but legally a parent is the one who holds tenure ..
There should be a DATE AND TIME FOR PARENTING TIME?
This is useful only when the kids are little older and when relaion between parents is bad enough, when they pass into adolescence at best is a broad regime that will be agreed between the parents.
ENDED WHEN GIVEN A TRIAL FOR DIVORCE?
The divorce ends after the sentence was registered in the civil registry and obtained testimony from the same for the record. That testimony will be required when making procedures as divorced a. You can also get a new marriage certificate with the marginal note of the divorce decree and renew their documents with the new status.
REGISTRATION IS FOOD defaulters? WHAT ARE THE CONSEQUENCES OF PARTICIPATING IN THE REGISTER OF DEBTORS?
The food defaulters are those people (parents, relatives, grandparents) than by court decision or agreement approved by the court fails to fulfill its maintenance obligations to be followed by three or five alternating periods. The annotation the Registry can be done only by court order. THAT
HAPPENS IF granting the divorce ABROAD
should go to court to recognize that decision, and the same validity in our country take to produce here their needs in ROSARIO efectos.Se enter the divorced abroad must send a nuesra office issued a Power of Attorney Overseas ANNOTATED to start in ROSARIO JUDGEMENT ENTRY OF DIVORCE DECREE OF FOREIGN debiendose attach a copy of the foreign sentence translated into national and then Apostille copy of marriage certificate.
ARE THE PROPERTY OF THE MARRIAGE? marriage goods must be distributed equally among former spouses, that's the law. Although this method of distribution can be changed by agreement between them. The assets to be divided into equal aprtes are lso ganaciales goods.
TO OWN REAL AND WHAT WE CALL property?
These assets were part of the community property are called "marital" and from the work of either spouse, no matter who wins a lot and the other too little or nothing. Do not fall into the "community property", ie are not marital property to be distributed when the divorce decree gives all property that each spouse had when I was single. THAT
HAPPENS WITH OWN PROPERTY PURCHASED DURING THE MARRIAGE?
It happens that during the marriage one spouse decides to sell one's own good, ie it had before the marriage, or receives an inheritance and decides to sell any of the inherited property, that are unique. With the money it gets from the sale of the asset itself decide to buy, say, a building. In this case, the department was purchased with money from the sale of an asset itself, there is a shared asset, ie, does not belong to marriage and should not be shared with the other or the other upon divorce. But there's something to be taken into account, so that in the fuituro not become a probem. In writing purchase should be recorded that the money they bought came from the sale of an asset itself, to be specified and, moreover, is highly desirable that the other spouse is present in writing and provided under this demonstration. This is important because the law presumes that a property is purchased during the marriage is Dower.
CALLED A GOOD PROFITS FROM OWN A PROPERTY? The
own good can still come wealth that is Dower. For example, if a house was one of the spouses before marriage, you decide to rent. The rent is obtained throughout the period of marriage is Dower.
HAPPENS WITH PROPERTY PURCHASED AFTER THE SEPARATION OF FACT?
The law stipulates that those assets that are acquired after the marital separation will be made only for the spouse who was not guilty of the separation. For example, the spouse who leaves the marital home, whether the wife is the husband, if you need to buy some good registrable, it must be very cautious, because it does leave the house, in principle, be guilty of such separation and so what you buy will participate with the other or the other upon divorce.
HAPPENS WITH THE FAMILY HOME? During the divorce proceedings, or even earlier in cases of emergency - for example if there is violence, the judge may decide that one spouse to stay in the house where the family lived and the other-or other-is removed. Can happen that the law empowers him to stay in the house even if it is a good characteristic of that inhabits it, but in this case the judge sets a rent for the other and that location within a forced usually when there are children in the home.
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Rosario
advise on the following topic:
divorcio.Liquidacion Trial of a couple. Fixing
, increase, decrease or cessation of alimony, maintenance claims grandparents, food demand from parents to older children. Tenure
minor children, determination or modification of visitation, joint custody. Adoptions. Trials
filiation (recognition of children) or lack of affiliation. DNA testing. Advice
couples legally united in fact.
Divorce in Rosario, Rosarinos found abroad. See the service DIVORCE ONLINE:
http://www.abogadosrosarinos.com/divorciosonline
Divorce by Rosarinos
Abroad. And further note or other entry in the Register of Civil Rosario of Foreign Divorce Decree (Exequatur).
