Here are some examples of how to file for divorce:
1. How to file for divorce in Portugal
In this article, we will explain how easy it is to file for divorce as well as outline the steps which you must take says, William D King. Anyone who wishes to initiate a divorce proceeding in Portugal must do so at their local court of the first instance which has jurisdiction over their place of residence or domicile. The court shall be competent if either spouse is a resident in Portugal and proceedings relating to a foreign national are deemed instituted by the mere physical presence of that alien on Portuguese territory even where his or her domicile is abroad (Article 61-1 Civil Code). In addition, the process may also be served by way of public proclamations, by publication at the behest of the plaintiff, inserted in one daily newspaper published nationwide and which enjoys general distribution, at the expense of the defendant’s domicile.
Legal separation is also possible in Portugal if it entails equal treatment of the spouses with regard to their conjugal relations and patrimonial consequences, independently of whether or not they have children. This occurs when either spouse judges that there has been a serious failure by the other which prevents normal personal relations (Article 1638 Civil Code).
There are many factors that lead to divorce such as infidelity, damage caused by one spouse to another, and breakdown of marriage due to incompatibility. In addition, six months after consenting to a divorce not having been achieved, any party may request its adjudication by court order (Article 1641 Civil Code).
You can click here to read more on our website about the grounds for divorce in Portugal.
The steps to take in order to file for a divorce:
1) File an application at your local court of the first instance;
2) Serve the other spouse with the application;
3) Wait until the other spouse has been served;
4) The other spouse has 20 days to oppose the divorce;
5) If the other spouse does not oppose, the divorce will be grant by default and you can proceed to finalize it.
If you are considering filing for a divorce in Portugal, contact us for more information and advice on how to best proceed. Our lawyers will guide you through every step of the process and help to ensure that the process is as smooth and stress-free as possible.
2. How to file for divorce in California
If you are filing for divorce in the state of California, be prepare to spend some time on your paperwork. While forms can be found online, it is best to have an attorney help you says, William D King.
The first step in filing for divorce is to determine whether or not you meet the California residency requirements. If you are filing for divorce on the grounds of irreconcilable differences. Your spouse does not need to be a resident of California. But you do need to have been a California resident for six months prior to filing.
If either spouse meets the residency requirement, then one spouse files a petition with the court asking for a divorce. After filing, there is an automatic “waiting period” of six months before any final judgment can grant. This waiting period may be waive by agreement between both spouses. If not waived, either party can ask for a Court Trial within sixty days. Before the end of the initial waiting period after filing the petition for divorce.
During this time, if no other agreement has been reach. The spouse filing for divorce is responsible for providing the information necessary to process your case. This includes income and expense declarations detailing each spouse’s annual earnings, monthly wages, property owned by either party, debts owed by either party. As well as personal property details such as bank accounts, retirement accounts, and insurance policies.
If there are disagreements about how finances should be divide during this time. If you have children, it may be best to try mediation before having a Court Trial schedule. The Court Trial itself can last anywhere from one to five days. Depending on the complexity of the issues being decide upon. At this point, both parties have an opportunity to testify under oath in front of a judge. Who will make decisions based on state law regarding issues like child custody, visitation, and property division.
If you are considering filing for divorce in the state of California. It is best to consult with an experienced family law attorney. Who can help guide you through the process and help protect your interests.
Now that you know how to file for divorce, be sure to do your research before proceeding explains William D King. Have an attorney help you gather the necessary paperwork and ensure that everything is file correctly. So that there is no delay in finalizing your divorce. If you have any questions or concerns, don’t hesitate to reach out for advice. Your family law attorney will be happy to help.