What are the consequences of divorce for both spouses?
The word divorce often leads to a lot of anxiety and anxiety. That’s why today, Karine de Luca, a lawyer specializing in family law, will answer our question: What are the consequences of divorce for both spouses?
The consequences of divorce for both spouses:
The word divorce confronts the spouses with two difficulties:
– Emotional difficulty: a feeling of abandonment and / or failure, a fear of loneliness, sometimes very deep suffering etc …
– The legal difficulty: what will happen? how does a divorce work? what steps do I need to take?
This article will be devoted more to the legal difficulty but we wanted to recall the importance of being vigilant and of taking charge of the emotional difficulty. This step is essential, first of all, in order to get better, but also in order to take the right decisions from a legal point of view.
We addressed this issue of emotional difficulty in episode 6 of Let’s Talk Divorce with Karine which we invite you to listen to here! or on Itunes.
From a purely legal point of view, in order to divorce it is mandatory to contact a lawyer. (What are the consequences of divorce for both spouses?)
When you are not married, you can separate without asking for the assistance of a lawyer but for married couples who wish to divorce, you have no choice you must be accompanied by a lawyer.
To divorce, there are two completely different procedures:
- One with the presence of a judge
- The other without a judge.
For the first option, a divorce with a judge, this procedure is done in several stages:
- separation
- divorce
- Division of property
While divorce without a judge, it will be done in a single step.
An important point: to divorce without a judge you have to agree on absolutely all the points of divorce. (What are the consequences of divorce for both spouses?)
If you want to have the details of these two procedures, we advise you to listen to episode 5 for divorce with Judge and episode4 for divorce without judge. You can also listen on Itunes.
One or other of the divorce proceedings will therefore have consequences for the family members.
This break-up obliges the spouses (or the judge if no agreement has been reached) to make decisions relating to:
- In the name of the wife: Will Madame take back her maiden name or does she wish to keep the use of the husband’s name?
- To children: The parents or the judge will have to set a material organization for the children, that is to say for their place of life (residence with one or the other of the parents or alternating residence) and also on the coverage of the children’s expenses
- The division of property and debts: either sale of property, or taken over by one or the other against payment of a payment of a payment. If you have real estate and you want to keep it you must make an appointment with a Notary
- Compensatory allowance: In some cases one spouse may have to pay a sum of money to the other spouse if there is a difference in income. This is quite a technical point and you can refer to episode 12, where the issue of the compensatory allowance is discussed.
You have understood it you can organize yourself as you wish with your spouse and the judge only intervenes in case of disagreement.
What are the consequences of divorce for both spouses?
However there are situations where we disagree but for all that we would like to avoid the intervention of the judge. In this case there is a very interesting tool and to which we are very attached because it corresponds to the values of our firm namely collaborative law.
I recommend listening to episode 7 if you want to approach your separation in another way and look for a solution that might suit both spouses.
This method makes it possible to build solutions without the intervention of the judge. We are convinced that you know your family best and that it is important to give yourself the means to solve each problem yourself rather than entrusting your life to a judge.
And finally, if there is still a chance to save your couple, it may be worth listening to episode 13 because despite its title, the content helps to understand why couples get damaged and how to avoid it.
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