Family Law
- AristaLegal
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- Family Lawyers
At Arista, as family law professionals, we understand the importance of carrying out a proper management of the legal processes in this area, and we are committed to resolve any controversy with the competent authorities in a clear and precise manner.
Our team of lawyers specialized in Family Law has extensive experience in the resolution of matters of this nature, and we offer personalized attention that adapts to the specific legal needs of each client.
We provide services in all stages of legal proceedings in the field of family law, from divorce proceedings, custody, child support, adoption, among others, offering effective legal representation in each one of them.
We understand that proper representation before the competent authorities is essential to protect the rights and interests of our clients in the area of family law. Therefore, we are committed to providing rigorous and effective legal advice to protect and defend your interests at all times.
Our Services
The scope of Family Law in Costa Rica regulates the legal relationships between its members, both rights and obligations arising therefrom. The areas covered by this branch of law include marriage, divorce, parental rights, filiation, alimony, custody, domestic violence and inheritance proceedings, among others.
In the resolution of family conflicts, it is essential to have a team of highly specialized lawyers, capable of providing a complete and personalized legal advice that meets all the needs and requirements of our clients.
Our interdisciplinary team has skills in negotiation, finance, conflict resolution, mediation, psychology and litigation, which allows us to successfully handle any situation that arises in the field of family law.
We are committed to protect the rights and interests of our clients, providing the necessary tools for making transcendental decisions in judicial or extrajudicial processes.
At Arista, we focus on offering a quality service based on ethics and professionalism, always in compliance with the laws and regulations in force in Costa Rica.
For couples who are ready to take the next step in their relationship, we offer a complete, unique and personalized experience to celebrate their civil marriage. With our team of highly trained professionals, we guarantee a civil, emotional and hassle-free ceremony. We take care of all the details, from the preparation of the legal documents to the signing of the deed and its ceremony, so that you can fully enjoy your special day.
At Arista, we understand that your civil marriage is a unique and momentous occasion, and we are committed to ensuring that everything goes as planned. Our team of highly trained professionals will work tirelessly to ensure that the day of your ceremony is a unique, emotional and unforgettable experience.
On the other hand, if you are in the process of divorce and need professional support, Arista will accompany you. Starting to talk about divorce and initiating a process is sometimes a very complex and sensitive issue, which we understand and since it is a difficult and stressful time in a person's life, our team of family law attorneys is ready to provide you with the solutions and advice you need to make this process as simple as possible. We offer you the legal assistance you need to protect your assets, rights and interests during the divorce process, whether it requires the division of property, alimony or child custody, among others.
By virtue of the above, whether you are looking to celebrate your civil marriage or need professional assistance in your divorce process, we are here to support you every step of the way.
At Arista, we understand that the protection of our clients' assets is extremely important and essential. Therefore, in the family property regime, the legal figure called marital contracts allows an effective protection of the same. Marital contracts may be granted before the celebration of the marriage or during its existence and cover present and future assets. For this agreement to be valid, it must be recorded in a public deed and registered in the Public Registry.
Now, in case you are in the process of divorce, which we understand is difficult and stressful, our team of family law attorneys is ready to provide legal solutions to protect your rights, interests and assets during the process, whether it is the division of property, personal property, shares, money in bank accounts acquired during the marriage, among others.
If you are concerned about your assets and property, at Arista we offer you effective and personalized solutions through matrimonial capitulations. In case you are going through a divorce process, we protect your rights and interests. Our team of family law attorneys will provide you with personalized advice to make the best decisions and protect your assets.
Contact us today for more information about our legal services.
At Arista, we understand that paternity, legal recognition of a child and the process of termination of parental rights are sensitive and significant issues for our clients. That is why we offer the support and advice of our team of expert lawyers in family law in these processes.
In Costa Rica, there are two relevant legal processes to determine filiation: the judicial paternity investigation process and the judicial child recognition process.
The judicial paternity investigation process is initiated by the child's mother, father or even by the child in question, in order to legally establish filiation with the biological father. During the process, a thorough investigation is conducted, including DNA testing, and legal acknowledgment of paternity and corresponding legal obligations, such as child support and visitation rights, are ordered if the respondent is determined to be the biological father of the child. This process is confidential and respectful of the privacy rights of the parties involved.
On the other hand, the judicial process of recognition of children is carried out to legally establish the filiation between a parent and a child who has not been voluntarily recognized. This process can be initiated by the parent who wishes to have his or her child legally recognized, or even by the child who wishes to know and establish his or her parentage. Once filiation is established, the child has the same rights and duties as any legally recognized child, such as the right to child support and inheritance.
Now, the process of suspension of parental rights can be carried out in cases of neglect or abuse by one or both parents, and aims to protect the welfare of the child involved. The suspension of parental rights may be temporary or permanent, and may include the assignment of custody of the child to another person or institution. At Arista, our family law attorneys are prepared to provide advice and support to those clients who need to initiate or face any family proceeding in Costa Rica.
If you are experiencing domestic violence, we want you to know that you are not alone and we can help. In our specialized service in domestic violence cases, we provide you with the help and legal advice you need to protect your rights, integrity and safety. Whether you need help obtaining a protective order, restraining order or assistance in the process, we are here to help. In our service, we guarantee maximum privacy and confidentiality every step of the way.
Are you living with your partner in a common-law relationship and wish to legally formalize your relationship? Our domestic partnership recognition service is the answer! With our team of family law attorneys, we offer you an easy and simple process to obtain legal recognition of your domestic partnership. We take care of advising you and guiding your steps to obtain the recognition of your common-law marriage in a fast and safe way.
If you are struggling to receive alimony after a separation or divorce, our specialized alimony service is here to help. We understand that this process can be difficult and emotionally exhausting, so our team of family law attorneys will provide you with the advice and assistance you need to obtain the child support that your minor children deserve, or in the case of a spouse or common-law partner, that corresponds to you by law. Also, in the case of abuses or excessive amounts, we offer advice in the defense of the rights and interests of the obligor.
Find out everything you need to know about custody, guardianship, parenting and education with our specialized service!
We know that raising and educating children can be an overwhelming task, especially when it comes to legal and financial issues. That's why we are committed to providing you with the support you need to make informed and safe decisions for your children.
e offer specialized will services to help you plan the distribution of your assets and ensure that your wishes are carried out. Our team of experienced attorneys is available to provide you with advice and assistance in drafting a sound will that reflects your wishes and needs. Whether you need help establishing the distribution of your assets, designating beneficiaries or preparing a will, we are here to help.
In addition, if you are facing the possibility of initiating a probate process or are already in the middle of one, at Arista we understand that this process can be complicated and emotionally draining. That is why our specialized service in inheritance processes is designed to provide you with the necessary support and advice to resolve it in a fair and equitable manner. We can assist you in the appointment of an executor, the valuation of assets, the distribution of property and the administration of the estate, among other aspects. Our team of family law attorneys is committed to providing you with quality service and support throughout the process.
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Civil marriage in Costa Rica
At Arista Legal, we have a group of specialized Notaries, ready to advise you and guarantee that the important decision to marry your partner will be an unforgettable experience.
Currently, civil marriage in Costa Rica is a legal contract between two people that establishes a conjugal union recognized by law. Our legal system recognizes the equal rights and duties of couples, regardless of their gender or sexual orientation.
To begin the process of getting married in Costa Rica, it is best to request the services of a Notary Public Specialist, who will provide you with the correct advice and valuable information.
Once all documents and requirements are in order, the act may be finalized. At Arista Legal we accompany you in the signing of the respective notarial act and the celebration of the civil marriage, which can be carried out in our offices in an environment that has the best conditions to culminate such an important decision. During the ceremony, certain legal formalities must be complied with, such as the reading and explanation of the pertinent articles of the Family Code and the signing of the marriage certificate by the parties, the witnesses and the Notary Public in charge of the ceremony and celebration.
At Arista Legal, we have vast experience and solid knowledge in the area of civil marriage and family law, which allows us to offer our clients a specialized, efficient and quality service. Do not hesitate to contact us for any legal consultation or advice related to civil marriage.
FAMILY LAW
Marriage Contracts
At Arista Legal we have a team of lawyers specialized in Family Law, including the issue of marriage contracts.
Marital contracts are a legal agreement made between the spouses before or during the marriage, which establishes the conditions of the economic and patrimonial relationship between them.
This agreement may include the separation of property or the distribution of property in the event of divorce or death of one of the spouses.
Our team of expert lawyers is trained to advise you in the drafting and negotiation of marriage contracts, so that you can make informed decisions and protect your interests in the medium and long term. In addition, we can assist you in case of disagreements in the interpretation or execution of the agreement.
At Arista Legal, we are committed to provide you with quality service and timely responses to your needs in the field of Family Law. Contact us today to schedule a consultation with our experts in marital contracts.
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Recognition of common-law marriage
At Arista Legal, we also have a team of lawyers specialized in Family Law who can help you in the recognition of your common-law marriage.
A common-law marriage is a stable partnership, without being legally married, that has met certain legal requirements to be recognized by law.
The recognition of a common-law marriage is a legal act in which a couple that has lived together for a certain period of time is granted the same rights and obligations as married couples. This figure is recognized and allows couples who have lived together for a certain period of time to access additional moral and legal benefits. The process for the recognition of domestic partnership may have some variants, so it is important to seek legal advice to do it properly.
At Arista Legal, we are committed to provide you with quality service and timely responses to your needs in the field of Family Law. Contact us today to schedule a consultation with our domestic partnership recognition experts.
FAMILY LAW
Divorce
At Arista Legal, we have a team of lawyers specialized in Family Law that can help you in divorce proceedings.
A divorce proceeding can be an emotionally draining and complex experience. Divorce is a legal process by which the marital relationship between two people is dissolved, thus ending their marriage. In this process, agreements are established regarding the division of assets, child custody, alimony and other matters related to family life. Divorce can be requested by one of the parties or by mutual agreement, and in general it is an emotionally difficult process for the people involved.
Our team of experienced divorce lawyers can advise you throughout the entire process, from preparing the necessary documentation, to negotiating agreements on child custody, child support, property distribution and other issues that may arise in the divorce process. At Arista Legal, we are committed to providing you with quality service and timely responses to your needs in the field of Family Law. Contact us today to schedule a consultation with our divorce experts.
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Community Property Disputes
At Arista Legal, we have a group of specialized Notaries, ready to advise you and guarantee that the important decision to marry your partner will be an unforgettable experience.
Currently, civil marriage in Costa Rica is a legal contract between two people that establishes a conjugal union recognized by law. Our legal system recognizes the equal rights and duties of couples, regardless of their gender or sexual orientation.
To begin the process of getting married in Costa Rica, it is best to request the services of a Notary Public Specialist, who will provide you with the correct advice and valuable information.
Once all documents and requirements are in order, the act may be finalized. At Arista Legal we accompany you in the signing of the respective notarial act and the celebration of the civil marriage, which can be carried out in our offices in an environment that has the best conditions to culminate such an important decision. During the ceremony, certain legal formalities must be complied with, such as the reading and explanation of the pertinent articles of the Family Code and the signing of the marriage certificate by the parties, the witnesses and the Notary Public in charge of the ceremony and celebration.
At Arista Legal, we have vast experience and solid knowledge in the area of civil marriage and family law, which allows us to offer our clients a specialized, efficient and quality service. Do not hesitate to contact us for any legal consultation or advice related to civil marriage.
FAMILY LAW
Alimony : Claim, increase or decrease process
In Arista Legal we have a group of specialized lawyers, ready to provide a quality service and timely responses to all requirements related to alimony law, increases and reductions.
Alimony is a legal process by which an obligation is established for one person to provide financial support to another person. Normally, the obligation is established for the support of a minor son or daughter, however, there is also the possibility for the spouse or cohabitant and other immediate relatives (grandparents, grandchildren, among others).
The process begins with the formal filing of the claim before the family judge by the person seeking to receive alimony or in favor of the beneficiary. Then, a possible conciliation is carried out and in case of failure, a hearing is held in which evidence of income, expenses and needs of the person who seeks to receive alimony is presented, as well as the income and financial obligations of the person who must pay it, ending the process with the sentence that finally resolves the conflict and opens the possibility of filing appeals against it, if any of the parties is dissatisfied.
At Arista Legal we have extensive experience and knowledge in the area of alimony law, so we are able to provide a specialized and efficient service to our clients. Do not hesitate to contact us for any legal consultation or advice on this matter.
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Family Interrelationships
At Arista Legal we have a group of specialized lawyers, ready to provide a quality service and timely responses to all requirements related to family interrelationship processes (visitation).
The family relationship process (visitation) is a legal process that establishes the right of a parent to have contact with his or her minor children after a divorce or separation. The process begins with a formal complaint filed with the family judge by the person seeking to establish visitation. A hearing is then held at which evidence is presented of the prior relationship between the parent and the children, the circumstances of the separation, and the person’s ability to provide a safe and appropriate environment for contact with the children.
Once visitation has been established, adjustments may need to be made in the future. In some cases, the person who has visitation may request an extension or reduction in contact time if there has been a change in circumstances, such as a change in work schedule or a move to another city. On the other hand, the person who has custody of the children may request a modification in visitation if there are concerns about the safety or well-being of the children.
It is important to emphasize that the process of family interrelation (visitation) is a matter of legal rights and obligations. It is the right of children to have contact with both parents and the visitation process is the way in which that right is established and enforced. Although it can be a complicated and emotionally difficult process, visitation is a critical step in ensuring the emotional health and stability of the children.
At Arista Legal we have extensive experience and knowledge in family interrelationship processes, so we are able to provide a specialized and efficient service to our clients. Do not hesitate to contact us for any legal consultation or advice on this matter.
FAMILY LAW
Wills
In Arista Legal we have a group of specialized lawyers, ready to provide a quality service and timely responses to all requirements related to the area of wills.
A will is a legal document that establishes the will of a person regarding the disposition of his or her assets and property after his or her death. It is an important legal tool to ensure that assets are distributed according to the wishes of the individual, and not according to the will of third parties. The process of making a will begins with the person’s decision to do so and the selection of a trusted lawyer and notary to assist in its drafting and formalization.
A will is a way to ensure that assets and property are transferred in accordance with a person’s wishes, and can be especially important in cases of non-traditional families or complicated situations. In addition to establishing the distribution of assets, the will may also name a guardian to care for minor children, establish a trust to manage the estate, or include special provisions for pets or other items important to the person.
It is important to keep in mind that a will is a legal document, and as such, it must comply with certain formalities and requirements. A poorly drafted or invalid will can lead to disputes among heirs and delay the distribution process.
At Arista Legal we have extensive experience and knowledge in wills, so we are able to provide a specialized and efficient service to our clients. Do not hesitate to contact us for any legal consultation or advice on this matter.
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Successions
In Arista Legal we have a group of specialized lawyers, ready to provide a quality service and timely responses to all requirements related to inheritance processes.
The probate process is the set of legal actions that take place after the death of a person to determine who will be his or her heirs, how the inventory is carried out and the distribution of his or her property and assets. Succession may be intestate, when the person dies without having left a will, or testate, when the person leaves a valid will.
In the probate process, documents such as the death certificate, the will, if any, and other documents that allow the identification of the heirs and the assets that make up the estate must be presented. The process may include the appointment of an executor or legal representative, who will be in charge of administering the estate and distributing it according to the testator’s instructions or legal provisions.
In general, the probate process can be complex and lengthy, especially if there are disputes among the heirs or if the deceased person had a large amount of assets and property. It is important to have the advice of attorneys specialized in probate law to ensure that all legal requirements are met and the rights of all involved in the process are protected.
At Arista Legal we have extensive experience and knowledge in probate proceedings, so we are able to provide a specialized and efficient service to our clients. Do not hesitate to contact us for any legal consultation or advice on this matter.
FAMILY LAW
Suspension of parental rights
In Arista Legal we have a group of specialized lawyers, ready to provide a quality service and timely responses to all requirements related to the processes of suspension of parental rights..
Termination of parental rights is a legal process by which one or both parents are temporarily deprived of their rights and responsibilities over a minor child. This measure is taken when it is considered that the person exercising parental authority is not in a position to do so in a way that is adequate or safe for the welfare of the child.
Proceedings for termination of parental rights may be initiated by the minor’s parent, by the minor himself or by any other person with a legitimate interest in the minor’s welfare. It is necessary to present proof and evidence before a judge that justifies the need for the suspension and that demonstrates that the person in question is not fulfilling his or her responsibilities properly.
The suspension of parental rights can have different durations, depending on the circumstances of the case. In some cases, the suspension may be set to be temporary and lifted once certain conditions have been met or the child is no longer at risk. In other cases, the suspension may be permanent, especially if it is considered that the person in question does not have the capabilities to adequately fulfill his or her responsibilities for the care and protection of the child.
At Arista Legal we have extensive experience and knowledge in the process of suspension of parental rights, so we are able to provide a specialized and efficient service to our clients. Do not hesitate to contact us for any legal consultation or advice on this matter.
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Domestic Violence
In Arista Legal we have a group of specialized lawyers, ready to provide a quality service and timely responses to all requirements related to domestic violence processes..
The domestic violence process is a set of actions carried out to prevent, investigate and punish acts of physical, psychological, sexual or economic violence in the family or domestic sphere. This process seeks to guarantee the protection and well-being of people who suffer from violence, as well as to prevent and eradicate domestic violence.
The domestic violence process can be initiated by the victim, by a family member or by any person who has knowledge of the violent situation. Once the complaint is filed, an investigation is initiated and if there is any risk, protection and security measures are granted to the victim and her family members. Arrest and prosecution of the domestic violence perpetrator may also be ordered.
It is important to emphasize that domestic violence is unacceptable behavior that affects all of society and must be denounced and sanctioned. Laws and regulations are in place to protect victims of domestic violence, and awareness and education on the subject are promoted to prevent its occurrence. In this process, solidarity and support for victims are fundamental to eradicating domestic violence.
At Arista Legal we have extensive experience and knowledge in domestic violence proceedings, so we are able to provide a specialized and efficient service to our clients. Do not hesitate to contact us for any legal consultation or advice on this matter.
FAMILY LAW
Paternity Investigation | Child Acknowledgment
In Arista Legal we have a group of specialized lawyers, ready to provide a quality service and timely responses to all requirements related to the processes of investigation and / or recognition of children..
The process of paternity investigation or child acknowledgment is the set of actions carried out to determine the filiation of a person and establish his or her relationship with his or her biological father. This process is initiated when a paternity suit is filed, which may be initiated by the parent of the minor, by the minor himself or by any other person with a legitimate interest in the matter.
The paternity investigation process may include DNA testing, testimony and other evidence to determine parentage. Once paternity is determined, the biological father’s legal obligations for the support and care of the child are established.
It is important to emphasize that the recognition of paternity is fundamental for the emotional and psychological development of the child, as well as to guarantee his or her rights and protection.
In Arista Legal we have extensive experience and knowledge in the processes of investigation and/or recognition of children, so we are able to provide a specialized and efficient service to our clients. Do not hesitate to contact us for any legal consultation or advice on this matter.
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Parental rights | Guardianship, upbringing and education
At Arista Legal we have a group of specialized lawyers, ready to provide a quality service and timely responses to all requirements related to Family Law, an area of great importance in Costa Rica.
One of the most relevant topics within Family Law is parental authority, which consists of the set of duties and rights that parents have with respect to their children and their property. This topic covers three fundamental aspects:
a) Personal Content: This aspect includes the power-duty (potestas) to take care of the minor, to watch over his physical and psychological integrity (guardianship), providing him with food and attending to his fundamental needs (upbringing), and finally to prepare him for life (education).
b) Patrimonial: This aspect refers to the power to administer the minor’s assets, with the exceptions and limits established by law.
c) Representation: Since the minor in principle does not have the capacity to act, he/she needs to be represented, and the law assigns in first order the representation to the parents.
In Arista Legal we have extensive experience and knowledge in the area of Family Law, so we are able to provide a specialized and efficient service to our clients. Do not hesitate to contact us for any legal consultation or advice on this matter.