Family Law Divorces

In divorce cases, there are two ways to process the process: by notary or by the court. If there are no common children, the process can be solved in an agile way before a notary, with the signature of a regulatory agreement that establishes the conditions of the agreement between the parties.

However, when there are minor children or dependents in common, the procedure must be carried out before the court. In this case, the judge will review the conditions relating to custody, guardianship and visitation, to ensure the welfare of the children involved.

At our officeWe manage the entire divorce process in a very efficient way. confidential, efficient and tailored to each client's needsWe make sure that all parties involved understand their rights and obligations. We take care of every detail to make the process as simple and smooth as possible.

Main aspects that regulate the guardianship and custody of minors

1. Custody and guardianship: Determines with whom the children will live. It can be:
   • SharedBoth parents share living together with the children in established periods (e.g., alternate weeks).
   • Single parentOne parent has custody and the other parent usually has visitation.
2. Visiting arrangementsEstablishes the days, times and conditions in which the non-custodial parent can be with the children, including weekends, vacations or special dates.
3. AlimonyThe financial contribution that the non-custodial parent (or both parents, in proportion to their income) must make to cover the needs of the children, such as food, education, clothing or extracurricular activities.
4. Use of the family homeThe decision is made as to who stays in the family home, generally prioritizing the custodial parent and the children, although this does not imply a change of ownership, only the use.
5. Parental rightsThe rights and duties of parents in making important decisions in their children's lives (education, health, religion), although not always modified, are usually shared, except in exceptional cases.
6. CommunicationThe parent who is not with the child at a given time (e.g., by phone or video call) can be contacted by the child and the parent who is not with the child.
7. Compensatory pension (in some cases): A financial benefit for the parent who, after the breakup, suffers a significant economic imbalance, such as devoting him/herself exclusively to the care of the children.

How are they established?

Paternal-filial measures can be agreed in two ways:

• By mutual agreementThe parents prepare a regulatory agreement with the help of a lawyer, which must then be approved by a judge. The Public Prosecutor's Office also intervenes to look after the interests of minors.
• Judicial (contentious)If there is no agreement, a judge decides after a process in which evidence is presented and the parties are heard. In this case, the procedure may be longer and more complex.

Rights of minors

Measures should always prioritize the best interest of the childguaranteeing:

• Respect for their physical, mental and emotional integrity.
• The right to be with both parents and receive food, education and care.
• To be listened to if they are mature enough, adapting the process to their age and circumstances.

Can they be modified?

Yes, parental measures are not irremovable. They can be modified if circumstances change substantially, such as:

• Economic disruption (loss of employment, increase in income).
• Changes in employment or residence that affect compliance with the measures.
• New needs of the children or their will, if they are mature enough.
• Serious or repeated breach of obligations by one of the parents.

To do so, an application for modification may be filed, either by agreement between the parties or through the courts.

Paternal-filial measures seek to balance the responsibilities of the parents and the well-being of the children at a time of family change. Although each case is unique, the system tries to adapt to the specific needs of the children, promoting solutions that minimize the emotional and practical impact of the breakup. Are you interested in a particular aspect or do you have a specific situation in mind? I can go deeper into whatever you want!