Divorce is simply the Marriage dissolution of the unit.
The institution of divorce is as old as marriage, although they admitted many cultures for religious, social or economic. Even talked to is indissoluble and more when they had children.
In ancient Babylon, where divorce could be sought by either spouse, but women's adultery was punishable by death.
In America, the Aztecs could only have one wife and it was called Cihuatlantli, and could only have a certain number of concubines, only the amount that would maintain. In this context, they were unaware of the divorce, but should be done by court order, which enabled them to remarry.
In Islam, men can repudiate their spouses to consecutively repeat the phrase "I divorce" (Talaq, talaq, talaq) three times.
Rome early in the divorce was a rarity, until the time of the emperors, where he coined the dictum "esse debent free marriage (marriages should be free) where the husband or wife could give it up if they wanted.
the Jurisdiction In Spain I judge he admitted in cases of sodomy husband induction prostitution of women and adultery of this. Seven games later banned.
The divorce has caused great controversy in predominantly Catholic countries, because the Catholic Church did not consider it possible to divorce the people until the early 80's of last century.
The Bible says, God recognizes that divorce is going to give even among His children. A believer divorced or remarried should not feel less loved by God, even if your divorce or remarriage are not covered under the clause may exception of Matthew 19:9. God often uses even the sinful disobedience of Christians to carry out a lot of good things. Sometimes God calls a person to remain single, so that their attention is not divided (1 Corinthians 7:32-35) . Remarriage after divorce can be an option in some circumstances, but that does not mean that this is the only option.
Once you know a little history about the divorce, in our legal system, which has its roots in all the above described accept divorce only in three cases;
a. Physical separation for more than a year.
b. De facto separation for more than five years.
c. Filing a claim for a divorce.
If you are not in any of these three situations, you can not divorce in Venezuela, but could get divorced in another country and if necessary, Venezuela requested in legal pass or "enforceability" of your divorce decree, this solution is widely used but does not work in all cases, since the Supreme Court should determine whether your divorce decree complies with the requirements of the Venezuelan law to be recognized in the country.
a. Separation of bodies for over a year:
If the couple agrees to separate, they may ask a judge to declare their separation. This application must be submitted in person by both spouses assisted by a lawyer of his choice.
Once granted the separation, husband and wife were released from the obligation to live together but remain married and be faithful to and respect, that means that neither husband nor wife can start a new romantic relationship because doing so may be regarded as adultery. also be obliged to succor if necessary .
If a year passes since the Court granted the separation and the couple is reconciled, either spouse or both may apply to become legal separation in divorce .
In most cases, this mechanism is the most recommended because waiting for a year helps to calm things down before reaching the status of a final divorce. On the other hand, during the year of separation some couples find a way to save her marriage.
b. De facto separation for more than 5 years.
Some couples simply stop living together without complying with any legal formality. If you're in that situation, I must say that has not divorced from the legal standpoint, therefore not entitled to marry again or have a new relationship until you actually get divorced. Additionally, if you die, your husband or wife may inherit part of their property.
If more than five years since their separation in fact, simply husband and wife come together in person before a court by a lawyer you trust and seek a divorce.
The main requirement is that both agree on file for divorce and that there is no factor which demonstrates the falsity of what they claim. For example, if less than five years of marriage, it is impossible to have five years apart, or have children under five years, the judge will assume that the time of separation can only be counted from the day after its conception youngest son.
c. Divorce.
works when one spouse does not want to divorce Or when it is impossible for couples to agree to use one of these mechanisms. A divorce is a very formal document in which one spouse, asking a judge to open a trial to determine if your husband or wife has committed serious misconduct or is unable to live in marriage. Venezuelan law allows only very specific in seven cases:
1. Adultery.
2. Voluntary withdrawal.
3. Abuse serious offenses or make it impossible to live together.
4. The attempt of one of the spouses to corrupt or prostituting your husband or wife or children or complicity in such an act.
5. Being convicted of a felony.
6. Addiction to alcohol or drugs, when this situation makes it impossible to live together.
7. Mental incapacity of one spouse because of severe psychiatric disorders make it impossible to live together.
If you think you can file for divorce alleging one of the above reasons let them know immediately to your lawyer who will consider the case in detail.
For some people neglect implies having physically left the house, while for others, a person who has lost all interest in your family or your partner and that from the point of view has ceased to carry emotional life in common, while still sharing commits abandonment residence.
Similarly, there are offenses that some people do not matter and others are so severe that living together is impossible.
Some people use a lawsuit as a way to continue their marital conflicts once the relationship has failed. Sometimes, these people include the children in this kind of endless conflict. When this happens, the use of justice services becomes a form of abuse. If this happens, a lawyer can defend their economic interests and civil but you can not replace a qualified therapist. Do not feel any resort to seek guidance for yourself or your children.
his attorney's fees are quite high and even so many lawyers do not want to take your case under the tension generated and the time required. Some lawyers will charge by the hour and others by the stage of a trial that will be met.
will have to pay all costs related to subpoenas, notices in the newspaper, expertise, transfer of witnesses, inspection and all that is necessary for the trial. No have the money for these expenses may make you mad. Much of the money invested in a trial does not recover in a reasonable time.
You should know that trials in Venezuela tend to last long, so be very difficult for your attorney to estimate an exact date for the completion of the case . Sometimes the trials last several years and some people are forced to accept disadvantageous negotiations due to financial and emotional exhaustion.
After divorce laws prohibit you from marrying some people:
1. With the brother or sister of his former spouse.
2. With the person who killed or tried to kill his former spouse, or their accomplices. This prohibition applies until judicially declared his innocence.
Recommendations.
Recommendations.
not hire a lawyer who does not fully instills trust and sincerity between you and your attorney will be essential. Nothing forces you to decide on a lawyer without having consulted if more than one. Nor hire a lawyer if you do not fully understand how their professional fees will be calculated. You may request that conditions be set in writing.
Do your best to choose a lawyer residing in the city to be regarded as the last home of the couple, because otherwise you will have to cover costs related to travel and lodging for his lawyer to the city where the couple lived together one last time.
Trials in Venezuela took a long time, usually years. Personally I would not feel very confident if someone promises to the contrary.
If you have been the subject of divorce, should seek legal advice immediately.
Bibliography.
Constitution of the Bolivarian Republic of Venezuela.
Venezuelan Civil Code. http://es.wikipedia.org/wiki/Wikipedia:Portada .
Venezuelan Civil Code. http://es.wikipedia.org/wiki/Wikipedia:Portada .
De Sola Pate & Brown, Lawyers - Consultants.
Graduated from the Universidad Nacional Experimental "Rómulo Gallegos" SUCRE
FOUNDATION MISSION Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/
FOUNDATION MISSION Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/
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