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In the city of Chimbote, just like in the rest of Peru, the laws around divorce and separation are clearly stipulated. There are two primary types of divorce in Peru: divorce by mutual agreement and divorce for cause. The former involves both spouses agreeing on terms such as property and custody distribution, while the latter is more complex, often involving one party alleging a fault by the other. It's also important to note that the process of legal separation in Peru allows a married couple to live separately without legally ending their marriage.
Getting a divorce or legal separation involves complex legal processes. Familiarizing yourself with these laws may be challenging, plus you may be emotionally drained due to the stress of a failing marriage. A lawyer can provide advice, handle the paperwork, and represent you in court, saving you time and stress. Cases which involve child custody, property division or alimony are especially complex and having a lawyer is strongly advised.
The Peruvian Civil Code recognizes two forms of marital societal contracts: Community Property (where all assets are pooled together during the marriage) and Separation of Property (where assets remain separate). Default contracts are presumed to be Community Property, this means all assets acquired during the marriage are split 50/50. For child custody, Peruvian law prioritizes the best interests of the child. This can be influenced by factors like the child's age, relationship with parents, and parents' living conditions.
There are two fundamental steps to getting a divorce in Peru: a conciliation hearing and the legal process. At the conciliation hearing, the couple can work out their issues with an impartial third party, and if no agreement is reached, they can proceed in court.
The length of the divorce process varies depending on the complexity of the case, from a few months for mutual agreement divorces to a year or more for divorces for cause.
If the divorce is by mutual agreement, court appearances may not be necessary. For divorces due to cause, you will likely have to attend several court hearings.
The best interests of the child is the primary objective courts use to determine child custody. Factors like the child's age, relationship with parents, and parents' living conditions play a significant role.
If you didn't sign a prenuptial agreement to separate assets, all property acquired during the marriage is considered common property and will be shared equally.
You can find more information on the Ministry of Justice and Human Rights website, which offers resources related to Peruvian family law. Additionally, you can visit the Official Journal El Peruano for up-to-date laws and new reforms.
If you're in need of legal assistance, consulting a local family law attorney should be your first step. They will provide a clear understanding on the potential steps towards your divorce or separation, guide you through the legal process and represent your best interests in Court. It's important to gather all your pertinent financial records and find a support system to help you through this emotional time.
