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Divorce by mutual consent: advantages and steps

A divorce by mutual consent is a less traumatic and more flexible option for couples who decide to end their marriage. It requires the cooperation and willingness of both spouses to negotiate the terms of the separation.

Among its advantages are reduced legal costs, shorter procedural time, and less emotional impact, especially if there are children in common. By avoiding litigation, the parties can maintain a civil relationship.

The steps include drafting a settlement agreement, which details issues such as custody, use of the home, and alimony or spousal support. This document is filed with the divorce petition in court.

The judge reviews the agreement and, if he or she deems it fair, approves it through a ruling. There's no need to go to court, which reduces stress and time.

Having a lawyer advising both parties, or one separately, ensures that the process is carried out with legal certainty.