Divorce in El Salvador, El Salvador Divorce, Filing a Divorce in El Salvador
In case one or both spouses reside outside El Salvador, the requirements to file a divorce in our country are:
Divorce settlement agreement, in which the parties authorize the lawyer who will ratify the agreement to be subscribed, as well as the terms of the divorce, which include who will have custody of their child, the parental Visitation Rights and child support / alimony. If the parties married under deferred community of property regime, the divorce agreement must specify how the patrimony will be divided.
(we will provide a draft of this contract and the parties should fill it before a Salvadoran Notary, the Salvadoran Consulate or a Public Notary, taking into consideration that this document must be duly legalized).
Power of Attorney (we will provide the draft).
A certified copy of the birth certificate of the spouses, children if any, and marriage certificate (if the certificates are not available, then we will take steps to acquire them).
In summary, in order to file a divorce, the following documents are needed: Divorce Settlement Agreement, Power of Attorney, Birth and Marriage Certificates duly legalized or authenticated.
In case only one of the spouses live out of El Salvador, the requisites are basically the same motioned above, with the difference that the party residing abroad must grant a Power of Attorney authorizing a lawyer for his/her representation before a Notary, in order to subscribe along with the other party, the Divorce Settlement Agreement, according to the terms stated on the Power of Attorney and to represent him/her before the Family Court in the divorce process.
When the divorce is by mutual agreement, the application of divorce can be filed before any Family Court within the territory of El Salvador.
If the other party, does not agree with the divorce, it will be necessary to grant a Power of Attorney to one of our lawyers, in order to file the divorce either by Separation (at least one year) or due to Intolerable Life, if the divorce is filed due to one of the aforementioned causes it should be done so in a Court within the jurisdiction of the place where the party how does not agree whit the divorce resides.
Also, there is the possibility that the place where the party who does not agree to divorce is ignored, in such case the divorce is filed in a court of the jurisdiction where the spouses last resided and notifying him/her trough a mandate.
FEES FOR FILING A DIVORCE IN EL SALVADOR:
Depending on the legal causes of the divorce and on the particularities of each case, as well as the reason of the divorce and the place where the divorce case needs to be filed, our fees may vary from USD 550.00 to USD 1,550.00.
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