Divorce for misconduct

Facts attributable to the other spouse

You must prove a fault committed by your husband.

Serious or renewed violation of duties and obligations arising from marriage

The duties of marriage are there loyalty, help, assistance, respect. They continue to apply during the instance in divorce.

The obligations of marriage are there contribution to the costs of marriage and the community of life.

Certain sufficiently serious single events can lead to divorce (an act of violence, for example).

Other facts, if they happen only once, do not justify divorce, but their repetition can have this consequence (repeated contemptuous or insulting behavior for example).

Maintenance of the common life intolerable

The acts committed must prevent you from continuing to live with your husband.

They must take place during marriage (or during divorce proceedings).

Some pre-marital facts may be held (for example, concealment of a deficient mental state).

If the facts are old, that you have accepted them by adopting a certain way of life, they do not make the maintenance of life together intolerable.

Adultery

The husband who commits adultery (a hidden affair, the installation in cohabitation ...) does not respect the obligation of loyalty.

An adultery committed by each spouse is not at fault if the spouses have mutually agreed to live freely in an extramarital affair.

Abandonment of the conjugal home

The spouses oblige each other to a community of life.

The residence of the family is chosen from a common agreement.

The husband who abandons the marital home without the permission of the judge or his spouse, he commits a fault that could lead to divorce at his own fault.

The judge may also examine the community of life emotionally.

There can be respect by the spouses of the community of life even then that they live separately for professional reasons.

Non-participation in marriage expenses

A husband who does not contribute financially and to the extent of its possibilities to the household's current expenses does not respect the duty of relief and assistance.

This behavior can lead to divorce for misconduct.

Lack of care

The behavior of the abstaining spouse to help her husband materially or morally in the face of illness or old age is a breach of the obligation to provide relief and assistance.

This behavior can lead to divorce for misconduct.

Violent or abusive behavior

An attack on the dignity, physical or psychological integrity of a spouse is a breach of duty of respect between spouses.

This is the case when a spouse violence or behaves offensive in respect of the other spouse.

Such disrespectful behavior can lead to divorce for misconduct.

Unfair behavior

A breach of duty of loyalty between spouses is a fault that can lead to divorce for fault.

Disloyal behavior is diverse.

It may be, for example, from one spouse who conceals from the other facts prior to the marriage like a criminal past.

It may also be a spouse who performs financial transactions in each other's backs.

Written Exchanges

For example, it can be letters, sms, emails, exchanges on social networks.

This may include both exchanges between the spouses and exchanges between a spouse and a third party.

Voice recordings

Voice recordings are evidence admissible before the judge (e.g. a recording on an answering machine).

However, secretly recording a conversation in a private or public place, in a private or confidential capacity, without the consent of the person constitutes a invasion of privacy. Such evidence would be considered inadmissible, as it was obtained by fraud.

Findings of Commissioner of Justice

The finding of the commissioner of justice is particularly valid evidence, because what is recorded in the finding is hardly questionable.

Indeed, the material findings made by a bailiff in a statement shall prevail until proven otherwise.

In a divorce for fault, a spouse may have a statement of commissioner of justice, in particular for prove adultery or abandonment of the conjugal home.

To establish a finding of adultery, the husband's lawyer must present a query to the family judge. The judge may or may not authorize the establishment of such a finding.

Judicial authorization is required as soon as the finding of adultery must be made outside the spouses' home. On the other hand, it is not necessary when the declaration must be made at the spouses' domicile.

A finding made at the request of a spouse without judicial authorization is excluded from the proceedings if there is a breach of domicile or invasion of privacy.

Testimonies and attestations

The spouses may have attestations by relatives or third parties.

Testimonials from family members are allowed except those of descendants.

The author of the certificate shall report facts that he has witnessed or that he has personally observed.

The following form is used to collect testimonies:

Witness Attestation Template

The attestation must be written, dated and signed by the hand of its author who must attach, in original or copy, an identity document.

Medical certificates

In the event of violence evidence of injuries committed by the spouse against his or her family is provided by medical certificate.

If injuries are not found in UMJ: titleContent when filing a complaint, it is advisable to have the injuries recorded by a doctor as soon as possible.

Medical certificates can also be used to prove the existence of an illness (if one spouse blames the other for a lack of assistance with the illness).

Handrails and complaints

The handrails are statements made at the police station or gendarmerie brigade and kept in a police register.

They have no legal value, but may be invoked in the course of divorce proceedings before the court as commencement of evidence.

A handrail can, for example, enlighten the judge on the departure of the conjugal domicile of one of the spouses.

The complaints may also be communicated in the divorce proceedings if they enable the judge to be informed of the misconduct.

Procedure

The divorce proceedings takes place in front of family affairs judge.

To file for divorce, you you need to get a lawyer.

During the procedure, if you reach an agreement with your spouse, and if you wish, you can ask to change the type of divorce (it's called a “gateway”).

You can switch to one of the following divorces:

• Divorce by mutual consent
• Divorce for acceptance of the principle of marriage breakdown
• Divorce for permanent alteration of the conjugal relationship.

Pronunciation of divorce

The judge pronounces the divorce to exclusive wrongs of a spouse if it is established that only one spouse has committed an offense.

If both spouses have alleged wrongdoing and both spouses are found to be at fault, the divorce is pronounced to shared wrongs.

Cost of divorce

You have to pay the fees of your lawyer.

If you are the applicant spouse, you must also pay a fiscal stamp from €50 to bring your claim to justice.

If your resources are insufficient to pay your lawyer or stamp fees, you can benefit from legal aid.

The costs of the proceedings (costs, legal fees) may be charged to the offending spouse.

Lack of compensatory benefit

The judge may refuse to grant the compensatory benefit requested by a spouse even if the breakdown of the marriage creates disparities in the respective living conditions.

Divorce for misconduct must be pronounced at the exclusive wrongs of a spouse. The circumstances are assessed on a case-by-case basis by the judge.

Damages and interest

The spouse who obtains a divorce at exclusive blame on the other hand, the court may order the wrongdoing spouse to pay damages and interest.

Damages are due to repair the consequences of a particular gravity that the spouse suffers as a result of the dissolution of the marriage.

The request must be made in divorce proceedings. It can't be done after the divorce.

The applicant spouse must show that the harm results from the dissolution of the marriage and not from other circumstances.