Separation with fault represents a delicate chapter in Italian matrimonial law, as it implies attributing responsibility to one of the spouses for the breakdown of the marital relationship. In this context, the assistance of an experienced family lawyer is essential to successfully navigate the legal proceedings.
Separation with fault is a type of legal separation in which one of the spouses is deemed guilty of the marital crisis. This type of separation implies that the accused spouse has violated marital duties, such as fidelity, moral and material support, collaboration in the interest of the family, and cohabitation. Acknowledgment of fault can significantly impact the economic and property rights of the spouses.
A family lawyer plays a crucial role in representing the spouse who requests separation with fault or defends against such a request. The lawyer must gather concrete evidence to prove the guilt of the accused spouse, such as testimonies, documents, and other relevant evidence. Additionally, the lawyer provides expert legal advice on how to proceed most effectively to protect the rights of their client.
To obtain a separation with fault, it is necessary to demonstrate to the judge that the behavior of the spouse caused the crisis of the marriage. Evidence may include correspondence, messages, testimonies from third parties, and financial documentation. The legal procedure begins with the submission of a petition to the competent court.
The consequences of separation with fault can be significant. The spouse found guilty may lose the right to receive alimony and may be required to compensate for damages caused to the other spouse. However, fault does not affect child custody, which is decided solely based on their best interests.
If you are considering a separation with fault or are facing a similar situation, it is essential to consult an experienced family lawyer. The Bianucci Law Firm offers personalized consultations to guide you through every stage of the legal process, ensuring the best protection of your rights. Do not hesitate to contact us for a consultation.