Divorce, p. 1

Lack of understanding between partners, ongoing conflicts, expiration of feelings – those are the basics that may lead to a decision about separation or divorce. Relocation of one of the partners and taking up residence somewhere else without discussion about common situation may led not only to to arising new problems but also deepening the old ones.

First of all, if there is a permanent and complete cease of spiritual, economical and financial bond between you and your partner, each of you may demand dissolution of a marriage by divorce. If you are not sure if there is disintegration of the matrimonial life between you – don’t worry – the court will decide during divorce case based on evidences, including hearing from both sides – that means you.

To make that decission, the court will takie into consideration a time that passed from your breakup or moving out, although it is not always the necessary premise about durability of your disintegration of the matrimonial life. In some cases betrayal or harsh abuse is enough to permanent and complete disintegration. Misunderstandings between partners may be so deep, that no side see a possibility to continue the marriage – then it may also mean permanent and complete disintegration of the matrimonial life.

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If the decission about the divorce is made, in the next step one must decide if petition for divorce will include application for a decission about your partner’s guilt or not. If yes, then one mus point a fault that strikes marital obligations, for example:

  1. Refusal of support by a partner in difficult sitations connected with illness or losing a job;
  2. Abandonment of wife in advanced pregnacy and lack of interest in delivery;
  3. Abandonment of family by moving out to the other city or country;
  4. Wife battering or emotional abuse.

The court may decide about mere guilt of one of spouse or both in disintegration of the matrimonial life. The second options is not measured by the court, which means thath it does not point the level of guilt.

Determination of guilt matters for key issues, in particular about alimony or possible demand for determining unequal share in family fortune.

Decission about a petition for divorce without sentencing about guilt will simplify the procedurę and accelerate decision delivery. The court will be not obligated to consider the issue of guilt but will only focus on a decission if there is a complete disintegration of the matrimonial life.

In the decree absolute the court will set other issues such as aliments, parental responsibility and contacts with children.