Of course, no one gets married thinking about divorce, but given the many difficulties in a relationship, separation is often the best solution for a couple. Since the separation process itself is already very painful and stressful, especially with regard to the emotional, the couple should be organized so that there are no further problems and discussions.
? In Brazil, there are two types of divorce ?, explains lawyer Leticia Carrasco,? The first, called extrajudicial divorce, can be performed by couples who do not have underage or incapable children. Extrajudicial divorce also requires that all terms of the settlement be accepted by both parties. The couple then go to a notary's office and file for divorce, accompanied by a lawyer. This type is the simplest because it does not go through the courts. The second type, called a divorce, or divorce lawsuit, is usually performed by couples who do not agree on the terms of the divorce or, according to the law, who have minor or incapable children ?.
Every divorce action will have the so-called distribution costs. This amount can currently vary from one municipality to another, as well as the other costs of the process. Letícia explains that there are, besides the distribution costs, costs charged by the notary? which vary according to the value of the stock. "The value of the lawsuit is usually stipulated based on the value of the sum of the couple's assets," says the lawyer.
In cases where the spouses cannot afford divorce costs, it is possible to request what is known as "legal aid". When this happens, the couple who can prove the lack of financial conditions will be relieved to pay the costs of the process, which will be automatically paid.
Apart from the fees charged by the court, there are also the lawyers' fees. In extrajudicial divorce, the couple can be represented by a single professional, who will take care of agreeing between the spouses all the terms of the divorce, and provide the necessary documents before the court. In divorce, it is likely that each spouse prefers to be represented by his or her own lawyer. The amounts charged by these professionals are very variable and should be negotiated when hiring the services.
Who pays the costs?
Usually, the costs are the responsibility of the filing party, especially if the other party does not agree to the divorce. However, these values can be split evenly between the couple as long as this is specified in the process. ? It is also possible to divide the costs into different percentages, such as 30% for one and 70% for the other, for example ?, says Leticia.
Expenses with lawyers are generally the responsibility of each party. Each spouse is a lawyer to represent him or her and pays the expenses of this professional.
How are goods divided?
In the case of an extrajudicial divorce, the couple must meet with the lawyer in charge to define the terms of the divorce, ie the division of property and the manner in which the separation should occur. This kind of? Contract? It is signed by both parties and attached to the other documents of the case. In the case of legal separation, the spouses' lawyers should decide, in the interests of their clients, which decision is the most appropriate to make. In these cases, the division is not always done in a cordial manner, requiring the intervention of the law.
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