If the legal basis of your application is also art. 373 lit. The new Civil Code, you have good reasons and solid evidence, you can ask the court to pronounce the divorce from the sole fault of the spouse.
Reasons for deciding to divorce from an exclusive husband’s fault can be (exemplary)extraconjugal relationships, physical or verbal conjugal violence, alcoholism, etc., but all of these must be proven by evidence: witnesses, forensic certificates, other inscriptions. Of course, all the samples administered must show that it is impossible to continue the marriage and that there is no possibility of reconciliation between spouses.
Attention: if the administered evidence results in the exclusive fault of the applicant’s spouse in divorce, in the judiciary practice it was appreciated that this situation is not sufficient for the dissolution of the marriage, the court declaring the rejection of the action. The best divorce and family lawyers like Wilmington family law are the best ones for the task.
Divorce in case of separation
In this case, the situation is quite clear: if a divorce occurred between spouses lasting at least 2 years, any of them may file a divorce request.
What is proven: the separation time of at least 2 years, and in this interval there are no periods of resumption of husband’s cohabitation.
Samples: inscriptions and witnesses.
Divorce for health reasons
The new Civil Code also provides for the possibility that one of the spouses, namely one who has a serious health problem, can apply for marriage.
Important to remember: the request can only be introduced by the sick husband, and the health issue must be such as to make it impossible to continue marriage.
According to art. 932 of the New Code of Civil Procedure, we find the following regulation in the divorce procedure for health reasons:
- When divorce is requested because the health of one of the spouses affects their relationships, making the marriage impossibleand the court will administer evidence of the illness and health status of the sick husband and divorce, without mentioning the guilty to divorce marriage.
In the light of this article, the New Civil Code provides for the obligation of spouses to communicate their state of health through medical opinions, issued by specialized bodies, marriage being stopped in the case of those suffering from certain diseases, mental alienation and mental debilitation, art.276 New Civil Code .
By the two notions, mental alienation or mental debilitation is meant a mental illness or a mental disability that influences a person’s mental competence, critical and predictive action on the social and legal repercussions that can result from the exercise of civil rights and obligations. The person affected by mental alienation will not be subject to criminal charges for dangerous acts committed, his health being a cause that removes the criminal character of the act. Evidence to divorce is medical evidence or medical-legal expertise to confirm the state of health.
The legal process of divorce is a difficult process. It may turn into a long nightmare that will empty you both emotionally and financially. Cost is the first thing a person should think about when thinking about a divorce. Divorce is not cheap. Secondly, you may not be able to cope with emotional trauma. If you want to get an acceptable divorce result, it’s important to find the right divorce attorney.