Separation with fault is a complex matter in Italian family law, often handled by a matrimonial lawyer. This type of separation occurs when one spouse requests that the cause of the separation be attributed to the other spouse, due to behaviors that violate the marital duties established by the Civil Code.
The request for fault implies that the judge examines the circumstances that led to the marital crisis. Among the behaviors that can lead to fault are infidelity, domestic violence, abandonment of the marital home without just cause, and other acts that make the continuation of cohabitation intolerable. A matrimonial lawyer can help you determine if there are grounds to request a fault.
If the judge accepts the request for fault, the spouse deemed responsible loses certain rights, including the right to maintenance. However, this does not affect the rights of the children, which remain unchanged. It is important to note that separation with fault does not impact the division of assets, which follows the rules of the property regime chosen by the spouses.
The request for fault must be made at the time of filing the separation application. The assistance of a matrimonial lawyer is essential to gather the necessary evidence and present the case effectively before the judge. Evidence may include testimonies, written documents, photographs, and any other elements that can demonstrate the spouse's culpable behavior.
Separation with fault requires careful evaluation of the evidence and circumstances. It is also a process that can be emotionally challenging for both parties involved. An experienced matrimonial lawyer can provide the necessary legal and moral support to navigate this complex situation. It is essential to carefully consider the implications of a request for fault before proceeding.
If you are considering a separation with fault, it is crucial to consult a matrimonial lawyer to fully understand your rights and legal options. The Bianucci Law Firm is at your disposal to offer personalized advice and guide you through every phase of the separation process. Contact us today to discuss your specific case.