Divorce proceedings are held behind closed doors to safeguard privacy, privacy and family secrecy. The judgment, whether of divorce or non-divorce, must be rendered in open court. You can contact AG Law – Ms. Gontaryuk for such cases.
Types of divorce
Depending on the situation, there are at least four types of divorce:
- Divorce for definitive alteration of the conjugal bond
- The fault divorce
- The divorce accepted
- Divorce by mutual consent.
In all cases, the effects of the divorce run from the date of the resumption of the judgment. Personal and financial obligations cease. It is the same for the duty of help.
The compensatory allowance after the divorce
It replaces alimony. The compensatory allowance aims to fill the gap due to the disparity created by the divorce in the living conditions of both parties. Each spouse can claim, regardless of the reason for the separation. The judge will then examine the patrimonial situation of each party and decide in function. He can, however, refuse it.
The compensatory allowance is a capital or exceptionally a life annuity. It is immutable and lumpy. It is requested during the divorce and not after the judgment is rendered.
The decision to allocate the family home belongs to the judge. Three situations arise:
- The family residence is rented. For roommates, the judge may decide to assign the right to lease to one of them.
- The residence is the common property of the couple for two reasons. Either it depends on their community, or the acquisition was made indivisibly. At the separation of property, the judge may assign residence to one of them, according to the interests that are played out. This is referred to as a preferential allocation, but in this case, the recipient must give the value of half of the dwelling to his former spouse as a cash payment.
- The dwelling belongs exclusively to one of the spouses. The judge, in this case, can order the landlord to give the lease to his ex-spouse if he lives with his minor children in the city where the dwelling is located. We then speak of a contract formed. The judgment being a lease, the judge defines the rent and the duration of the lease. He can renew the lease until the youngest child becomes a major. He is also able to terminate the lease in the event of a change of circumstances.
What happens to parental authority after divorce?
Parental authority is shared between both parents, regardless of the type of divorce. The day-to-day decision-maker is, of course, the one who keeps the child. He is responsible for managing the property of his offspring. However, important events such as school guidance and significant stages of religious life are mutually decided. It requires the agreement of the ex-spouse. If both parents do not agree the judge is in a good position to decide.
The divorce judgment fixes everything on the custody of the children, including their education. It includes the residence of the children, their holidays, how the ex-husband who does not have custody can visit them, etc. Respect for what is established is therefore imperative. If there is alimony, it must be paid regularly. Courts severely penalize the parent who does not respect what is mentioned in the divorce decree in this regard.