Separation with fault is a particular form of legal separation in which one spouse is attributed the blame or responsibility for the failure of the marriage. This type of separation not only marks the end of marital cohabitation but also entails significant legal and financial consequences for the spouse deemed at fault. In this context, the role of the matrimonial lawyer is crucial to protect the rights of the represented spouse.
One of the main consequences of separation with fault concerns maintenance. The spouse who is attributed fault loses the right to maintenance, even if they are in poor financial conditions. However, they retain the right to alimony, provided that the legal conditions are met, that is, if they are in a state of need.
Furthermore, separation with fault can affect the assignment of the marital home. If there are minor or non-self-sufficient children, the assignment of the home will depend on their needs rather than the fault itself. However, fault can influence decisions regarding the division of common property and the management of assets.
To obtain a separation with fault, it is necessary to demonstrate that the other spouse has violated marital duties, such as fidelity, moral and material support, collaboration, and cohabitation. The collection of evidence is a critical aspect in these proceedings, and the matrimonial lawyer plays a fundamental role in ensuring that the evidence is adequate and admissible in court.
In this context, the matrimonial lawyer may rely on private investigators to gather evidence of infidelity or other marital violations. Additionally, they can provide advice on how to behave to prevent the client's actions from being used against them in court.
In addition to legal consequences, the spouse attributed with the separation may be required to compensate for the moral and property damages caused to the other spouse. Moral damages may arise from the suffering and humiliation caused by behaviors such as infidelity, while property damages may refer to expenses incurred or economic losses suffered due to the responsible spouse's behavior.
The quantification of such damages requires careful legal analysis and the ability to present a convincing case in court. The matrimonial lawyer is essential in this process, as they guide the spouse in collecting the necessary evidence and presenting compensation claims.
Separation with fault is a complex procedure that involves numerous legal and financial implications. If you are facing a similar situation, it is essential to have an experienced matrimonial lawyer by your side. Contact the Bianucci Law Firm for personalized advice and to best protect your rights.