A final court verdict dissolving the marriage will end this relationship, however, its effects may be felt by former spouses for many years after the end of the court proceedings. After the divorce, they will still be the parents of their children (maintenance and parental matters will remain) as well as former spouses (maintenance issues for the former spouse and possible mutual settlements). A final divorce decree (also establishing separation) will result in the separation of the parties’ property. This judgment will be effective for all party creditors. Once the judgment becomes final, no liability will be incurred for the spouse’s new obligations. However, if the spouse has already contracted a debt, it is worth considering filing a claim for the abolition of statutory communality with a retrospective date. Such a judgment would better protect the interests of the claimant’s spouse than the matrimonial property contract concluded with the notary. After a divorce or separation court decision, the spouses will not inherit each other. In a divorce case, the court ex officio decides on parental authority over the minor children of the parties, alimony for underage children may order maintenance for the spouse, order the parties to live together, and share the joint property of the parties.
Divorce without guilty of guilt
The spouses will agree. In such a situation, the court will not consider the fault of the parties regarding the permanent and complete breakdown of the marriage. At this stage, we will be active, striving to develop acceptable conditions and possibly a conflict-free separation of the spouses. Next, we will show that there has been a permanent and complete breakdown of marriage – emotional, physical and economic ties between the spouses, which is necessary to obtain a divorce decree.
We will end this case at the first hearing.
Divorce with a spouse’s guilt
In such proceedings, it is necessary to prove the guilt of one or both spouses regarding the distribution of the marriage. To prove the spouse’s guilt, it is necessary to conduct evidence proceedings, i.e. explanations of witnesses, medical examinations, photos, recordings, etc. These are usually slightly more complicated proceedings, and thus longer and emotionally exhausting for the parties and their children.
In each of the cases described above, the court will decide on issues related to the minor children of the spouses – i.e. who they will live with after the divorce, what the contacts of the other parent with the children will look like, how high the maintenance will be.