by admin | March 22, 2019 9:20 am
During a divorce, one of the spouses may sometimes suffer harm that is not compensable by the compensatory allowance. The harm he suffers, however, must meet very specific criteria in order to be recognized.
There are two legal grounds for allowing a spouse to claim damages during divorce. The choice of this damages claim is determined by the origin of the harm: either it is the consequence of the dissolution of marriage, or it is independent and depends on the behavior of the former spouse.
In a fault divorce, a claim for damages is possible for the innocent spouse. The divorce must have been pronounced to the exclusive wrongs of his spouse. If divorce is pronounced with shared wrongs, the claim is impossible.
In a divorce for definitive alteration of the marital bond, the claim for damages is reserved for the spouse who did not wish to divorce and who did not apply for it. Even if the divorce is pronounced to his exclusive wrongs, his right subsists.
The claim for damages can only be claimed in connection with the divorce action.
If there is no agreement with the partner, you can only file for divorce with your documents.
Starting a divorce was much simpler. However, it is only possible to officially carry out a divorce if the marriage had a civil effect. Bear in mind that filing a personal injury case does not mean that it will be attended to, most at times, the case is looked into after the divorce case, a Gordon & Gordon Law Firm will advise you better.
If the union occurred only in the religious or if there is only stable union, just carry out the sharing and each one goes to his corner since the separation is different from the divorce. If the permanent union has been officially notarized, it must be dissolved before the notary.
Remember that consensus is the best alternative, if the divorce is friendly, you must bring the documents of the two individuals. However, even without the consent, it’s possible to enter the contested divorce only with the documents of one of the spouses.
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