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Divorce and separation in Trujillo, Peru follow the general principles of Peruvian law, established by the Civil Code and Family Law. The Peruvian legal system allows two types of divorce: by mutual agreement (mutuo acuerdo), and contentious divorce (contencioso) when the parties are not able to agree on the terms and conditions of the divorce. It's important to note that legal separation is different from divorce in that it doesn’t end the marital relationship, but it does allow for financial and parental responsibilities to be divided.
Various reasons might necessitate the help of a lawyer in a divorce situation. Navigating through the divorce laws, property division, child custody, and alimony can be complex. Lawyers can help clear any confusion and guide you through the process. If the divorce becomes contentious, a lawyer can help protect your rights and interests. They can also represent you in court, ensuring that all proceedings are carried out fairly.
In Trujillo, divorce and separation laws follow the national Peruvian laws. First, Peru recognizes both no-fault and fault divorces. For the former, the couple needs to be separated for at least two years. For the latter, grounds for divorce include adultery, cruelty, wilful abandonment, among others. Child custody can be sole or joint, with the child's best interests always being the priority. Property acquired during the marriage is typically divided equally, unless stated otherwise in a prenuptial agreement.
The duration of the divorce process largely depends on the type of divorce. A mutually agreed divorce can take around three months, while a contentious one may last a year or more depending on the complexity of the issues to be resolved.
Yes, foreigners can get a divorce in Peru. However, specific conditions may apply, especially in terms of residency requirements, so it could be helpful to consult with a lawyer for guidance.
Child custody is determined based on the best interests of the child. Factors such as the parents' ability to provide for the child, the child's wishes (if they are old enough), and the mental and physical health of all parties involved are considered.
Yes, legal separation is an option in Trujillo and entire Peru. While this doesn’t end the marriage, it allows for the division of parental and financial responsibilities.
Typically, the divorce process involves filing a divorce petition, negotiating terms of the divorce, attending court hearings if necessary, until finally a judge grants the divorce.
The Peruvian Ministry of Justice and Human Rights website provides comprehensive information about divorce and separation laws in Peru. The British Embassy in Lima offers resources and guidelines for British citizens seeking advice on divorce or separation in Peru. Online divorce platforms like 'Divorcio al Instante' provide quick and easy assistance for simple divorce cases.
If you need help with a divorce or separation case in Trujillo, it can be beneficial to get legal advice. Consider consulting with a local family lawyer to understand your legal rights and options. Additionally, you can contact the recommended resources as they can guide you through the process and provide useful assistance.
