Divorce without the adjudication of guilt - consequences

What is divorce without the adjudication of guilt I described in my previous post, and in today's edition I will explain what consequences of divorce without declaring fault.

Maintenance obligation of former spouses

Dissolution of marriage by divorce without the adjudication of guilt has consequences in terms of maintenance obligations between former spouses. When deciding on a no-fault divorce, we should think carefully about whether we want to get a maintenance from the other spouse. Pursuant to the provisions of the Family and Guardianship Code, if the court does not adjudicate fault, a divorced spouse who is in a state of privation may request the other spouse to provide maintenance to the extent corresponding to the justified needs of the entitled spouse and to the earning and property capacity of the obligor. A situation of privation should be deemed to be one in which there is no possibility (e.g. due to illness) to satisfy justified needs (e.g. medical expenses, housing). Of course, this fact must be proven before the court.

Thus, if one decides to divorce and does not care about obtaining alimony from the other spouse, agreeing to a divorce without adjudication of guilt will be advantageous as, in practice, such cases proceed more quickly.

Duration of the maintenance obligation between former spouses

The second point to look out for is duration of the maintenance obligation between former spouses. Even if the court decides that we are due alimony from a former spouse, this obligation will not last indefinitely. According to the law, the obligation expires five years after the divorce is pronounced, and exceptionally the court may extend this period. The maintenance obligation also ceases if the spouse who was entitled to maintenance marries again.

These rules apply only to the maintenance obligation between former spouses. Whether a divorce has taken place without an adjudication of guilt or with an adjudication of guilt has no bearing on issues relating to the determination of child support.

Do you need additional legal assistance? You have questions about your divorce, write to me!