What to do in case of failure of my divorce?
The divorce may not lead to a number of reasons (lack of evidence, defense of a spouse, etc..).
The judge is then required to refuse to grant a divorce even shared fault (see below I.1.8. What is shared fault divorce?).
The crisis between the spouses is not resolved. In this case, four solutions are possible:
- 1.Soit through the whole process of divorce for cause by trying to gather more evidence and evidence to support the application and convince the judge.
- 2.Soit convince her husband of his real intention to divorce and get them to accept a divorce by mutual consent for which he will feel less assaulted.
- 3.Soit apply for legal separation (see I.3.2.Qu that is what the separation?).
- 4.Soit leave the home (de facto separation) and wait two years before initiating divorce proceedings for alteration of the marital bond. pull your ex back
What is fault divorce shared fault?
The goal of fault divorce is to prove the misconduct of a spouse. However, as in any situation nothing is all white or all black, it may happen that the requesting spouse has also made mistakes.
It would be unfair in this case not to consider these faults.
Consequently, the Civil Code provides in Article 245 that situation.
The faults of the petitioner does not prevent to examine the request, but may "deprive the facts he alleges that his spouse a serious nature that would have made a ground for divorce."
Similarly, the defendant spouse can invoke these faults in support of its counterclaim for divorce (see I.1.6. How can I defend myself?). The faults of the applicant can indeed excuse those of the defendant (there will be shared fault) or justification (there may be exclusive of divorce against plaintiff only if the defendant makes a counterclaim).
In most cases the judge pronounces a fault divorce shared fault whenever mistakes were made by both spouses.