Separation with Fault for Infidelity: When Infidelity is Costly

Introduction to Separation with Fault

Separation with fault for infidelity is a delicate and complex issue that involves legal and personal aspects. When one spouse violates the duty of fidelity, it can lead to significant consequences in the context of a separation. But when and why can infidelity result in a fault? Let's explore together.

What is Fault in Separation?

Fault in separation is a legal acknowledgment that attributes the blame for a marital failure to one of the spouses. This can influence the judge's decisions regarding economic and property aspects and may exclude the guilty spouse from certain benefits.

"Fault for infidelity requires concrete and irrefutable evidence of unfaithfulness."

When Infidelity Leads to Fault

Not every act of infidelity automatically leads to fault. It is necessary to demonstrate that the infidelity caused the breakdown of the marriage. Judges evaluate various factors, including:

• The duration and nature of the infidelity.
• Documentary evidence or reliable testimonies.
• Any previous failed attempts at reconciliation.

Legal Consequences of Fault

A fault can have various legal consequences for the guilty spouse. Among these:

• Loss of the right to maintenance.
• Impact on the division of assets.
• Possible repercussions on child custody.

Conclusion

If you find yourself in a situation of marital conflict and believe that your partner's infidelity may lead to a separation with fault, it is essential to obtain adequate legal support. The Bianucci Law Firm, thanks to the expertise of Attorney Marco Bianucci and his team of experts, is ready to assist you at every stage of the process. Do not hesitate to contact us for a personalized consultation.