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SEPARATION BY MUTUAL CONSENT: ART. 205
After two years of marriage, the spouses in a joint submission to the competent court may state a reason serious that make it morally impossible to live together and ask for your personal separation as provided by art. 236.
Requirements: That the time of filing the spouses have joint two years after the conclusion of matrimonio.Que no agreement of the parties about the existence of serious reasons that make life morally impossible común.Para most the authors could be invoked any other cause that would make living unbearable as the derangement of marriage.
The agreement of the parties must persist during the two hearings. One spouse can withdraw the divorce suit by filing jointly after held two hearings.
DIVORCE: Divorce
Article 214 because: The causes for divorce causes Article 202. Therefore, the divorce can be obtained on the same grounds based on the fault of the spouses that the separation-Separation personal. fact: In the objective reasons, however, provides only direct cause of divorce, de facto separation , although in this case requires that lasted three years apart instead of two as for staff separation.
-Mutual consent: ART. 215 The divorce can also be obtained by mutual consent, but this requires having After three years of marriage instead of two as required for personal separation. Article 215
says. "After three years of marriage, the spouses in a joint submission, the judge may state that there are serious reasons that make it morally impossible to live together and ask for their divorce, according to the provisions of art. 236"-conversion personal separation in divorce: art. 216
The divorce may be decreed by conversion of the final verdict of personal separation, within the deadlines and procedures established in the art. 238th turn, the latter provides for two forms of conversion: * A request
both spouses jointly, when the separation took place because personnel, separation of fact or by mutual consent, a year after the final sentence of personal separation.
* At the request of one only, in either case, after three years of the sentence sign of personal separation.
Article 215: 3 years of marriage to divorce, the process 236 with the 2 audiences.
Article 214: a) contradictory: on the causes of art. 202
b) Separation of fact: more than 3 years apart. This is a joint submission. May appear together or not. CONTACT
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