In case that the couple is residing abroad, the following requisites are needed:
- Contract of Divorce, in which the authorized lawyer will verify the agreement subscribed, as well as, the conditions of the divorce: who will take the guard of the children, personal care and legal representation of the couple’s children, the visits regime, the alimony that the parents will contribute for, if the couple were married under ownership in common, the contract of divorce must specify how the properties will be allocated. (we will send to you a model of this contract and the couple should file it before a Salvadoran Notary, the Salvadoran Consulate or a Notary Public, taking into account that this document must be duly legalized).
- Judicial Power of Attorney with Special Clause (we will send the model).
- Birth Certificates of parents, children if any, and Marriage Certificate (if the certificates are not available, we will take the steps to acquire them).
In conclusion, in order to carry out a divorce, the following is needed: a Contract of Mutual Agreement, the Power of Attorney, the Birth Certificates (couple and children) duly legalized or authenticated, and the Marriage Certificate.
In case that one of the couple is in El Salvador and the other is in the USA, the requisites are the same if they want to carry out a divorce, with the difference that the person residing in the USA must send a Power of Attorney authorizing a lawyer for his/her representation before a Notary in order to subscribe jointly with him/her the Contract of Divorce under the conditions specified in the Power, and for his/her representation in the Family Court for the process of divorce. (we will also send the model of this power).
When the divorce is with Mutual Agreement, an application of divorce can be filed before any Family Court, due to they are diligences of Voluntary Jurisdiction.
In case that one of the couple does not agree with the divorce, a model of Power of Attorney must be sent to the person who will file the petition, in which a lawyer is authorized to conduct the Process of Divorce, whether by Absolute Separation ( if the couple has more than a year of separation), or by Intolerable Common Life (if the couple has less than a year of separation, this case is not frequent in alien couples), and also the certificates above mentioned.
When both separations are carried out, the petition will be filed in the jurisdiction where the defendant resides.
VALUE OF HONORARIUM FOR JUDGMENT OF DIVORCE
Depending on the legal grounds of the divorce and on the particularities of every case, as well as, of the reason of divorce one takes to end in courts of San Salvador or of the interior of the country our fees may range from: USD 550.00 to USD 1,150.00.
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