Family Law
We have extensive experience in resolving conflicts related to family relationships, the conduct of its members, the delimitation of marital relationships, concubinage and kinship.
Successions
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Inheritance is the succession in all the property of the deceased and in all his rights and obligations that are not extinguished by death, so that upon the death of the author of the succession, the heirs acquire the right to the hereditary mass as a common patrimony, as long as the division is not made. In our legal system, the inheritance is defended by the will of the testator or by disposition of the law, the first is called testamentary and the second legitimate.
Uncaused
divorce
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The will of one of the spouses is enough to go before the Family Judge to request the dissolution of the marriage. To this end, a proposal for an agreement must be accompanied to regulate the consequences inherent to the dissolution of the matrimonial bond relating to property, children ( care and custody, visiting rights, maintenance), use of the conjugal home and household goods, administration of the assets of the conjugal society during the procedure and until it is liquidated, the form of liquidation and compensation in case of marriage celebrated under the regime of separation of goods.
Dissolution and liquidation of the conjugal society
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Once the marital bond has been dissolved, a series of extremely important issues remain to be resolved; among them, the liquidation of the conjugal society, by virtue of which, following the formulation of an inventory and the rendering of accounts with respect to the goods of the marriage, a distribution of the same shall be carried out in accordance with the principles of equity and justice, consistent with the situation of mutual cooperation and efforts that bind the spouses.
Ignorance of paternity
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The action of ignorance of paternity may be attempted by any man who believes he is not the biological father of a child in order to destroy the presumption of a child born within the cohabitation or within three hundred days following the cessation of such relationship. Such an action may even be brought by a man who registered a minor as his child, without having lived in marriage or cohabitation with the mother.
Acknowledgement of paternity
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For this purpose, there is a voluntary route that can be made, administratively, before the Civil Registry, and will result in the corresponding entries being made in the original minutes and a new one being drawn up; or, where appropriate, the judicial route, where forced recognition is achieved through the exercise of the respective claim.
Loss of parental authority
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Parental authority is nothing other than a function that the law entrusts to parents for the benefit of their children, aimed at their protection, education and integral formation. Those who have parental authority have the responsibility to relate harmoniously with their minor children, regardless of whether or not they live under the same roof. Among other causes, parental authority is lost due to family violence against the minor, as well as due to failure to comply with the obligation to provide food for more than 90 days, without just cause.
Alimony
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The obligation to give food is reciprocal, the one who gives it has the right to ask for it. Its objective is to provide the creditor with what is necessary for his own daily subsistence in an integral manner, that is to say, covering sustenance, clothing, housing, entertainment, medical care, education in the case of children, etc., and must be proportionate to the possibilities of the one who must give them and to the needs of the one who must receive them.
Guardianship and custody and visitation
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In making decisions regarding the care and custody of children, the Judge uses a risk standard, with the aim that the determination made will generate the least likelihood that the children will suffer harm. In addition, the Supreme Court of Justice of the Nation has emphasized that in trials in which the rights of minors are directly or indirectly involved, the superior interest of the minors imposes on the judges the obligation to resolve the controversy submitted for their consideration, taking into account what is best for the child.
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