Family law

Fault divorce: in what circumstances?

The fault divorce is a request made by one spouse when he believes that his spouse has committed a serious offense that may affect the well-being of the married couple.

fault divorce

Case of petition for fault divorce
The fault divorce is usually requested when one spouse no longer meets his obligations of marriage or there within the married couple, acts of violence or repeated insults that affect the well-being of the other spouse.

The fault divorce is also required when one spouse commits one or more acts of adultery during the marriage.

Getting a divorce for fault
The petition for fault divorce must be submitted to family court by counsel for the petitioner. The judge will consider the divorce petition and summons for both spouses:

  • Expose the husband charged with misconduct which is exactly accused;
  • Attempt to reconcile the couple.

If conciliation fails, the judge may make an order of non-conciliation which will present a petition for divorce for misconduct before the Court of First Instance of the both spouses residence place.

The petitioning spouse must gather evidence proving the facts. Those accused of misconduct must have evidence that it did not commit these acts. The judge will consider such items or evidence to give judgment.

It is rendered at another hearing. Divorce can be:

  1. Granted to the harm of one of the spouses or shared evidence exposed wrongs. One of the spouses may, if the decision does not suit him, an appeal form;
  2. Dismissed for lack of evidence or facts. The spouse seeking a divorce for fault can then form an appeal.

In case the fault divorce is granted to the spouse complainant, the judge determines the amount of child support that must be paid for children. It may also decide on damages and interest to be paid to the wounded spouse if it has made ​​the application.

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