For the couple, divorce is a painful ordeal that ends a love affair. It intervenes when the two partners can no longer understand each other and cohabitation becomes almost impossible. However, before the judge pronounces the divorce, it is important to know that the spouses are by definition always married and, therefore, subject to the respect of the obligations of marriage.
Thus, during a divorce, certain errors must not be made by the spouses at the risk of preventing the smooth running of the procedure. Discover them.
Do not hire a lawyer
Whether it is a divorce proceeding by mutual consent or by litigation, it is essential to have recourse to a lawyer. This becomes even more urgent when it comes to a divorce by litigation where the spouses can no longer come to an agreement. The lawyer specializing in family law has the necessary skills to help you make the right decisions at the end of the procedure.
Thanks to its expertise, Maitre Franck LOYAC Lawyer in family law and divorce Rennes 35 will be able to respond effectively to your spouse's requests.
Living together until the divorce is pronounced
In a contentious divorce procedure, the spouses, for fear of being blamed for abandoning their home, decide to live together until the divorce is pronounced. Of course, it is true that only the judge can authorize the spouses to live separately. But in order not to complicate matters, it is also possible to stay in another accommodation.
The spouse who wants to leave can apply in the divorce petition to the family court for permission to reside separately. However, this option is only possible under certain conditions. This is the case where cohabitation is complicated, or even impossible, due to a physically or psychologically violent spouse. You just need to bring the evidence to the judge to leave, even if the divorce has not yet been pronounced.
Showing off in public with her lover
True, the relationship is about to end, but that doesn't allow a spouse to show off in public with their lover. Indeed, as long as the divorce is not effective, you still owe loyalty to your spouse. Article 212 of the Civil Code states "The spouses owe each other mutual respect, fidelity, help, assistance".
So, showing off in public with your lover or looking for a night out could greatly complicate things. This attitude could be considered adultery and prevent you from having custody of the child. It is recommended to wait for the pronouncement of the divorce in order to resume a new love affair.
Do not participate in current expenses
Once the divorce proceedings have started, most spouses decide for themselves not to meet their financial obligations. This is a mistake not to be made. As long as the divorce is not definitively pronounced by the judge, the two spouses must continue to pay the expenses incumbent on them.
This will mean continuing to participate in current expenses such as the canteen, energy and telephone bills, taxes, monthly consumer credit payments, etc. Failure to meet financial obligations can be viewed as default. To do this, distribute the loads between you in order to avoid any subsequent tensions on this subject.
During the divorce proceedings, anything can be used as proof by one of the spouses so that the divorce is pronounced against you. Even though divorce proceedings are characterized by tensions and unfortunate excesses, you must be on your guard. Whether by messages, emails, tweets and other Facebook posts, avoid threatening or making abusive remarks towards your spouse.
The latter could use it as proof.