What Happens When You File For Divorce First?

  • 1 year ago

Without a doubt, marital breakups are difficult situations with a high emotional cost for the spouses. Of course, no marriage takes place considering the moment of separation, which is often painful.

If you are the one who is taking the first step, then there's a long and rough road ahead. And you must be prepared for it.

Therefore, we are going to tell you what happens when you file for divorce first and what you should do.

What is the Difference Between Separation and Divorce

Before going into the subject, it is convenient to clarify these two terms, which sometimes generate inevitable confusion.

In this sense, we can say that the main difference between separation and divorce is that divorce supposes the dissolution of the marriage.

In contrast, in the separation, it remains in force. However, legal separation should not be confused with a simple cessation of coexistence, which would not affect third parties.

How to Be the First One to File For Divorce?

Are you deciding to end the marriage? Then what comes first before divorcing? Without a doubt, the main element that will determine all divorce proceedings is an agreement between the spouses.

The differences in terms of the complexity of procedures and economic costs are very notable. Therefore, an amicable divorce should be chosen whenever possible. In any case, it is highly recommended that you have legal advice. It will prevent processing errors that may lengthen the process.

Necessary Documents

Among the main doubts about how to file for divorce first, gathering the necessary documents is probably the first one. The truth is that the list of documents is not that complicated, and the most significant job is usually about obtaining it.

The documents required to enter this process are:

· Wedding certificate;

· Prenuptial agreement, if any;

· Personal documents (RG, CPF, and proof of residence);

· Children's birth certificate, if any, and

· If possible, the certificate of the property owned by the couple.

Main Divorce Procedures in Each of The Two Modalities

So, when you file for divorce first, be ready for the following procedures.

Procedures of Divorce by Mutual Agreement

The most critical element will be the regulatory agreement to initiate a divorce by mutual agreement. Simply, a negotiation between the spouses of a contract.Such as-

· Child support.

· Spousal support.

· Custody and visitation of children.

· Use of the family home.

Once there is agreement on these points, the amicable divorce process can be carried out.It can be carried out in court or before a notary public.

Procedures of Amicable Divorce before a Notary

The divorce before a notary can only be applied if the couple does not have minor children. In this case, and provided that at least three months have passed since the marriage, the procedure is very simple.

It is enough that both spouses go to a notary to grant a publicdeed that includes your will to dissolve the marriage. For this procedure, you must be assisted by a lawyer who can advise you at all times.

Procedures for Amicable Judicial Divorce

Divorce by mutual agreement by legal means does not involve a complex or especially expensive procedure. In fact, it is enough to present a divorce petition accompanied by the regulatory agreement and ratify it in the corresponding court.

However, the judge will review the agreement to verify that it does not contain measures harmful to the children or significantly harms one of the spouses.

As in the previous case, you must have the advice of a lawyer or a solicitor.

Contentious Divorce Proceedings

The processing of a contentious divorce is much more complex and expensive than if there is an agreement. Thus, the steps to initiate a contentious divorce are as follows:

· Presentation of the petition for divorce by one of the spouses (whoever files for divorce first).

· Answer to the claim by the other spouse.

· Holding of the hearing before the judge, assisted by a lawyer and a solicitor.

· Finally, the judge will dictate the divorce sentence.

In short, whenever you are going to file for divorce first, these steps are ahead of you.

Benefits You Will GetWhen You File For Divorce First:

Now you may think why should you go through all the hassles to file for divorce first? Well, here's why-

· You can be prepared beforehand. Your lawyer will be ready with all documents, procedures, and possible setbacks.

· You will have time to gather your documents, papers, and other essential things for the case.

· You will be emotionally ready to handle the shock.

· If you have money, property, or important documents that your spouse can manipulate, you can be ready for that. As a result, you'll have control over these things.

· You can choose the court location.





Divorce, even if consensual, is a delicate period. Thus, having the help of a family lawyer specialized in the subject is an essential differential at this time.

The lawyer must assist the client in all stages of the process.Moreover, he always makes you realize what happens when you file for divorce first.  And break down of each option to be followed and encourage the search for peaceful conflict solutions.