Home > Blossary: Divorce
Divorce is both a verb and a noun, meaning 'solution of marriage' therefore solution of conjugal relationship etc. We also say ''treatment of consensual divorce'' meaning that when parties, man and woman, ex. husband and wife don't want to live together anymore, visit their lawyers, separately, and each lawyer, prepares the 'plea', as said above, ''treatment'', wher both parties expose, their claims deriving from solution of marriage, separately, and in 'security' for future. Usually, and in many cases, either husband or wife, 'wish divorce' a bit more than the other party. For ex. they want to share their property acquired in common, or for. husband may ask for return of wedding ring, and so on. In case of children court adjudicates amount of alimony, that say, husband, upon working and having permanent job, should pay a fix amount per month for children, if parental care is given by Court to wife, and he also has parental care at the same time. Then for separation of common property, should be mentioned exactly in documents of treatment, and lawyers, can represent their clients, at Court, on their own, without presence of parties, (ex.husband and wife) in case of consensual divorce. Then after approval of request, and when case is ''closed'', a Deed of Notary, is redacted by Notary, of course legalized, and validated one, for final, formal solution of marriage, and deed of notary being redacted for separation of property, and solemnized by him/her, as well as an additional act of alimony, in case of children issued, and legalized of course. For ex. if divorce is issued to detriment of husband, and there are no children,husband is not obliged to give amount of alimony if wife works, and wife for ex. can claim indemnification of amount X, (concrete amount) if she proves to have been abused, for ex. for moralor material damage she underwent during time of (active) marriage, under some terms. Wife can claim alimony, if there are children, and she has the parental care of them, as long as husband works and has a job for a living. Alimony counts as debt, as all other (monthly) debts, and if he loses his job, alimony may be interrupted, but if for. husband gets a much bettr job in the future, mother, and as ex. wife can claim the previous amounts accumulated, usually, up to 50%, of amount father used to give, retrospectively, depending of course on any new debts of him after divorce, or a new amount of alimony can be agreed ''hence', this being a ''relative right''...of her. If wife starts working, and there are no adult children, and divorce is against husband, the right to alimony is still kept, accordingly. In Latin Law, if a couple lives in separation without formal divorce 'yet' for more than 3 (three) years, we talk on automatic divorce, but still formalities should be kept, till final issuance of act of divorce and legalized, as well as notarized....(as above). There is phrase 'act of divorce', and acts of divorce belong to Family Law, as branch of Civil law. If father, (ex. husband)

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