Divorce is a situation that can take many forms, including fault divorce. The latter can be particularly long and difficult when you are not properly prepared. So here are some tips to help you win your fault divorce.
Choose a competent lawyer to win your fault divorce
This step is by far the first, if not the most important. The lawyer is no other than your representative before the law. This professional knows the texts and will therefore be able to guide you so that you do not make harmful choices.
It is with your lawyer that you can plan to your advantage, everything related to child custody, visitation rights, accommodation, property division, etc. It is strongly advised not to hide part of the information from your lawyer.
The latter is not there to judge you, but to help you. Information that you find compromising or unnecessary can be very helpful in winning. So don’t hesitate to provide her with all the details surrounding your fault divorce.
If you wish, you can now contact an internationally renowned professional, Maître Laurence Mayer. She is a lawyer based in Paris, working in France, but also internationally in the field of family law.
It therefore intervenes for international divorces (in particular for fault), matrimonial regimes and cases of international child abduction. You can also have access to an international succession management with Ms Laurence Mayer.
Be vigilant to win your fault divorce
Divorce for fault is based on article 242 of the Civil Code which is based on “facts constituting a serious or renewed violation of the duties and obligations of marriage”. These facts must be serious enough to constitute an obstacle to cohabitation.
They relate to the duty of assistance, the obligation to contribute to the expenses of marriage, the duty of cohabitation or respect. These facts can therefore manifest themselves in various ways and it will be up to the judge to assess their seriousness.
To increase your chances and make mistakes indisputable, you will need proof of them (invoices, photos, documents, etc.). Faults such as alcoholism and domestic violence are usually causes of divorce solely at the expense of the offending spouse.
In the case of domestic violence, medical certificates, a complaint lodged before the divorce proceedings begin, and a request for a protection order can be very helpful.
Also, be aware that the existence of a fault for which you are responsible can impact the course of the divorce process. These are, for example, cases of mutual adultery.
Do not forget the compensatory benefits and the tax consequences
Alimony is a typical example of a compensatory allowance. This detail should not be taken lightly because the post-divorce period can be difficult in some cases. For example, a husband without a diploma or who has given up his professional life (for the sake of the marriage) may find himself facing enormous financial difficulties.
We must therefore think of the granting of a compensatory allowance to help the spouse concerned to rebound financially and professionally.
As for the tax consequences, you are well aware that the taxation that applies to a married couple does not remain intact after a divorce, whether there are children or not. It is therefore important that you prepare to give a certain amount of information to your lawyer.
These are precisely the details concerning the income to be declared, the capital gains, the attachment to the children’s tax household, the right to discharge from joint and several liability concerning tax and the fate of common real estate.
There you have it, you now have some tools to win your fault divorce. If you have children, remember that anything can harm them. So listen to your lawyer.
