SEPARATED UNDER THE SAME ROOF
For people who request a divorce after 12 months living separated under the same roof, there may be some information required as evidence by the court before they get to grant your Application for Divorce.
These evidence you may need to present to the court if you want them to approve your Divorce Application may include:
- Proof that you both have separate bank accounts, so the court knows you are financially independent from each other.
- Witnesses that can state you have been separated, these can be friends, family members and even employers or neighbours.
- Proof that you are living in separate bedrooms.
There are other types of evidence that may be requested by the judge, it will all depend on your case specifications.
TYPES OF LEGAL SEPARATION
Depending on how it is requested and the position of the spouses in it, the legal separation can be:
SEPARATION WITH AGREEMENT
You can request it from the judge or jointly with your partner by agreement if 3 months have passed since the marriage was celebrated and must always be accompanied by a proposal for a regulatory agreement that the lawyer will present.
Two situations can occur on a separation with agreement:
When there are underage children with disabilities, in which case the competence to approve the separation and the regulatory agreement corresponds to the judge.
When there are no underage children or disabled children who depend on their parents.
If you do not reach an agreement with your partner and you want to separate, you can ask the judge for legal separation if 3 months have passed since the marriage was celebrated, or before that date, if there is a risk to life or integrity. This includes any type of physical aggression, limited freedom or sexual violence as well as children being at risk.
It is already a lawsuit with your spouse that is always the exclusive competence of a judge in which you must accompany a proposal of measures that regulate family life.