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How to divorce while my spouse does not want?
It happens that within a married couple, only one of the spouses wants a divorce. Fortunately, the spousal agreement is not mandatory to complete this procedure. The disagreement may delay the delivery of the divorce, but not prevent it. If you are in this situation, here are the possible solutions.
The different divorce proceedings
There are four types of divorce, including mutual consent divorce or accepted divorce on request. However, if only one of the spouses wishes to divorce, he has the choice between the two remaining types of divorce: the divorce for fault or the divorce for permanent alteration of the conjugal bond.
The fault divorces
This type of divorce is the only one that takes into account the causes of the separation, and the spouse’s agreement is not necessary. On the other hand, it is often a long and painful procedure, which requires to share one’s private life with the lawyers, the judge, and to solicit relatives for testimonies.
To obtain a divorce for fault, it is mandatory to prove the fault(s) charged to the spouse. There is no exhaustive list of faults, since the classification of an act at fault depends on the case and the family context.
What are the recognized faults?
If you think mainly of adultery, know that it is not always considered a serious fault, nor the abandonment of the marital home. Adultery can be classified as serious misconduct if it is committed during pregnancy, for example.
In addition, if it is proven that, without valid reason, the spouse does not look for a job, this can be qualified as fault because it does not contribute to the expenses of the marriage. It is the same if he abandons his sick spouse to indulge in his hobbies, if he has vexatious behavior or if he rejects his family. Finally, violence is one of the only mistakes that can justify a divorce.
How to prove the fault(s)?
In the absence of unequivocal evidence, it is absolutely impossible to get a divorce for misconduct. Faults can be proven by any means, but with respect for privacy, home and without violence. In general, faults are evidenced through testimony, reports, confessions and writings of all kinds, but other modes of evidence are eligible, including information published on social networks.
In this situation, it can be very effective to use a private investigator, who can professionally investigate the actions of the spouse. He can bring evidence that you may not be able to access yourself, and he will be recognized by the judge.
Divorce for definitive alteration of the conjugal bond
In the case where the spouse did not commit fault, remains the option to ask for a divorce for permanent alteration of the conjugal bond. The procedure is simple: if the couple does not share the same roof for at least two years, the judge can only pronounce the divorce. And again, it is not possible for the spouse not wishing to divorce to oppose it.
