Descubra se o seu divórcio será judicial ou extrajudicial

Em primeiro momento é preciso saber que o divórcio pode ser judicial ou extrajudicial.

Como o próprio nome já indica, o divórcio judicial, significa que haverá um processo judicial e este processo pode ser consensual ou litigioso.

O divórcio judicial é obrigatório quando existem filhos menores de 18 anos, pois há a necessidade de manifestação do Ministério Público, então, caso o ex-casal esteja de acordo com relação aos termos do divórcio, partilha dos bens, guarda, convivência e pensão dos filhos, o processo poderá ser consensual, com apenas 1 advogado atuando para as 2 partes ou advogado para cada parte.

Nestes casos, apesar de depender da manifestação do Ministério Publico e decisão judicial e até mesmo uma eventual audiência de conciliação, em regra, o processo é mais rápido e mais econômico, tanto no que diz respeito as custas processuais, quanto em relação aos honorários advocatícios.

Caso o ex-casal não esteja de acordo com os termos do divórcio, que envolvem a partilha dos bens adquiridos no casamento, ou em relação a guarda, convivência e pensão dos filhos, é necessário que este processo seja judicial e litigioso, sendo que cada parte terá o seu próprio advogado e este é um tipo de processo que costuma demorar mais, e consequentemente ter um custo mais alto.

Já em relação ao processo extrajudicial, é aquele realizado diretamente em cartório, também necessita de advogado e pode ser o mesmo para ambas as partes, mas nada impede que cada parte tenha o seu próprio profissional.

O casal não pode ter filhos menores de 18 anos e deve estar em acordo em relação a partilha de eventuais bens, esse trâmite é rápido e tem as despesas do cartório que são baseadas no valor dos bens do casal e as despesas com contratação de advogado.

Vale ressaltar que nos casos de divórcio consensual, cada parte pode ter seu próprio profissional e podem trabalhar em cima do acordo que atenda melhor todas as partes, já que um bom acordo não nasce pronto e pode ser alcançado através de técnicas de negociação e disposição das partes.

Para compreender melhor os tipos de divórcio, recomendo o vídeo abaixo.

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