The conditions required for its existence, as provided by the law and is maintained by the jurisprudence "there incompatibility of characters" as cause de dissolution of the wedding , should estar justified by acts that determine the unhappiness of the spouses and a disturbance social". It is enough that the "Life común be unbearable," that this state is cause de disturbance social, that is, that has transcended the domain public, and that furthermore, in accordance with the jurisprudence, be attributable al spouse defendant by what is cause be determined. These causes consist of serious abuse and insults.
Among which we can mention the following:
*Adultery of either spouse.
*The condemnation of one of the spouses to a penalty criminal
*Serious insults committed by one of the spouses against the other.
*The abandonment voluntary that one of the spouses takes care of the home.
*The drunkenness habitual of one of the spouses, or the use habitual or immoderate use of narcotic drugs.
*The community property or separate property. by cause determined is a proceedings that extends in the tiempo, complex in the processing with the evidence practices proposed by the parties, as an investigation heritage, insights economic, expert evidence, testimony and psychological expertise. All of this with personal cost for both parties.
This demand en Divorce must be done by means of a act de site ordinary in which all the formalities of crafts and fondo required by the law, only having to add some special mentions.
First of all, it is necessary before the lawyer start the proceedings, have on hand each and every one of the documents that you will use to support your claims, such as:
to the record de wedding duly legalized.
b) The proceedings de nacimiento of the children, if any.
c) The power de representation.
d) Publications of the Newspaper Notice when the Woman is the defendant and its residence It is unknown.
e) The list of the witnesses who are to be heard in the The hearing.
f) Any other Valid identity document that is in accordance with the characteristics of each proceedings serve as support for the demand.
Art.4 of the Act de Divorce No. 1306-Bis requires that documents be notified to the defendant together with the act de site.
El site of the community property or separate property. must indicate the citation expresses so that the defendant appear in person or through a attorney with "power authentic" to the Tribunal, in the to date already planned the hour pointed out, reason for which it is not summoned to be constituted lawyer but to be presented to the Courtbecause the citation that when and where fixed.
El site must also contain an indication that the The hearing will be held behind closed doors, the documents are being notified in cabeza of the act and must contain the conclusions correctly detailed, as to the regularity and admissibility of the same and above all, to penalty de nullity, relative to the petition of the guard of minors, whenever appropriate.
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