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The Divorce Of Mutual Agreement
This type of separation operates when the spouses have reached a complete agreement on all the issues involved in this decision, that is, personal care of the minor children, alimony, financial compensation and visiting regime, today called the relationship regime. Direct and regular. They must prove a year of cessation of coexistence.
Unilateral Divorce Or Without Agreement
The Unilateral Divorce operates when one of the spouses does not agree to divorce or does not agree on the terms for which it is intended to divorce one of the parties. To apply, you must accredit three years from the cessation of cohabitation.
Cease Of Coexistence
It constitutes the lapse of time that must pass for the divorce to operate by agreement or unilateral divorce, as the case may be. Regarding the way in which the cessation of cohabitation should be accredited, it is necessary to distinguish between Marriages celebrated before or after November 17, 2004, the date of the promulgation of the new Civil Marriage Law.
This type of separation operates when there is a severe violation of the duties and obligations imposed bymarriage on the spouses, or of the responsibilities and responsibilities towards the children, that make life in common intolerable. Considered the seriousness of the cause is not necessary to pass the term of three years of cessation of cohabitation and the victim spouse may request it provided that any of the objectives established by law is set.
This modality allows people living abroad to also divorce without having to come to Chile, for them it is necessary to sign a mandate before the Consul of Chile and send the documents proving that you are living in another country, for example: certificate of residence (can be granted by the consul), work contract, certificate of studies, lease, photocopy of your identity card of the country where you are, water bills, telephone etc.