Divorce with the judgment of guilt is a difficult issue and it should be assumed that it will not end so quickly, as if they would like to spouses. Family law has a number of conditions and consequences of such a ruling, so worth getting to know them all. If you are looking for a lawyer in Zielona Gora specializing in this type of hearings, I encourage you to contact and get acquainted with the following characteristics of such cases.
Determination of guilt
With divorce no fault we do not have to deal with, when spouses bring such a request to the court. In another case, one of them points to the guilt of the other. During the hearing may, however, prove that they are guilty of both partners. Indications for judgment in a divorce case is complete and irretrievable breakdown. By this is meant: cessation of ties psychological, physical or economic. Determination of guilt is not easy, so one or two hearings is over. Quick divorce is possible only when the spouses agree to the care of children and the amount of maintenance.
Basics about wine ruling
Grounds for divorce indicating the fault of one of the spouses may be many. Among the most common can be mentioned:
- physical and psychological violence,
- Indeed, the non family needs – eg. in spite of the lack of support obligation incumbent on the partner,
- threats directed at the other spouse,
- denial of sexual intercourse.
While some reasons are quite clear and obvious as aggression, abandonment for any reason, or alcohol abuse, some issues remain very fragile. For treason is considered not only the physical, but any behavior that may create the appearance of such, as well as a framework beyond customs. That was the cause of the threat of divorce, it must cause insecurity in the person making a claim. Refusal intercourse resulting eg. From illness or discomfort is not the cause, which affects the judgment of guilt. Family law also draws attention to another aspect. If there is evidence that the accused about the breakdown of the marriage partner is treated with psychiatric work of passion, or suffering from occupational disease – a judgment of guilt is unfounded.
As important as the testimony of both parties and witnesses, and even more importantly, there is evidence to be shown on. The blame may confirm: SMS, letters, bills, medical certificates – or those with a stay in the sobering-up center, forensic, photos, notes to police interventions, the judgment of bullying the family, audio and video recordings and other documents that instill other spouse indicated by the circumstances.
As a specialist in family law from Zielona Gora, I wish to draw attention to the fact that there is no gradation of guilt. During the trial, the parties may shift the responsibility, to belittle your wine and flip it completely to the other person. Each of them has a right to defend themselves against the charges. This does not change the fact that the court even in the case of wine when one side is larger, the other smaller may decide simply to blame on both sides.
What are the main consequences of the divorce judgment of guilt?
- Alimony – the maintenance obligation rests with the spouse deemed to be guilty of relationship breakdown. For maintenance can make a spouse living in a difficult financial situation for reasons beyond his control – can do so at any time, for a lifetime. In contrast, in the case of divorce without apportioning blame – then expire after five years from the date of the judgment.
- Possibility of re-marriage.
- The right to return to the previous name.
- Division of marital property.
- No inheritance rights of a former spouse.
Divorce is a difficult moment in the life and needs to be someone advice of lawyers specializing in family law. Welcome to the consultation in my office in Zielona Gora. I will show what documents are needed, how to bring a lawsuit, how to contact the spouse where to find reliable witnesses, and what better not to take steps.