Conflict Resolution – Mediation – Collaborative Divorce
Collaborative Separation – Negotiation out of Court
Joint Demand For Divorce
When the spouses have decided to divorce and they have reached a complete and final amicable agreement, they may mandate a lawyer to file at the Courthouse a joint demand for divorce with their agreement in order to have the agreement homologated and the judgment of divorce be pronounced by the Court. That joint demand is based on the ground that the spouses have lived separate and apart for at least one year before the judgment of divorce is pronounced and were living separate and apart at the commencement of the divorce proceeding.
For spouses with a child or children under their care, a complete and final agreement takes into account the parental authority, the time sharing (parental plan) between the parents and the child or children, therefore custody and the rights of access and visits, the child support and the other financial responsibilities of the parents towards their child or children, the family patrimony and, if needed, the division of the other assets and debts of the spouses, and, if needed, the spousal support or alimony.
For spouses without children, or without any children under their care anymore, the agreement shall take into account the family patrimony and, if needed, the division of the other assets and debts of the spouses and, if needed, the spousal support or alimony.