Divorce for misconduct in Lyons
What is a divorce for misconduct?
Proceedings for misconduct can be brought against « facts constituting a serious or renewed violation of the duties and obligations of marriage » attributable to your spouse and making « intolerable the maintenance of cohabitation ».
The support of a lawyer is mandatory in such a case.
This is a longer procedure than other divorce proceedings and is structured around 4 steps:
- The petition for divorce
- The conciliation attempt hearing
- The assignment in divorce for misconduct
- The divorce judgement
Criteria to estimate the compensatory allowance
The judge takes into consideration in particular:
Domestic violence and mistreatment by spouse
- the duration of the marriage;
- the age and state of health of the spouses;
- their qualifications and their professional situations;
- the consequences of the professional choices made by one of the spouses during the joint life for the education of the children or to favour the career of his/her spouse to the detriment of hers/his, and the time that will be necessary to devote to it.
- the estimated or foreseeable wealth of the spouses, both in capital and in income, after the end of the matrimonial regime;
- their existing and foreseeable rights;
- their respective retirement pension situation after having estimated, as far as possible, the reduction in pension rights which may have been caused, for the creditor spouse of the compensatory allowance, by the circumstances referred to in the sixth paragraph. (Article 271 of the Civil Code)
It is very difficult for a victim to describe the abuse suffered and the physical and psychological consequences that result. Maître STRULOVICI takes a special care of the reception of the victims and will take the time to be at your disposal to advise you on the various possible procedures.
Every two and a half days in France, a woman loses her life under the blows of a spouse, a concubine or a former companion. The World Health Organization defines violence as follows: "Violence is the intentional use or threat of the use of physical force or power against oneself, another person, a group of persons, or a community, and with negative consequences (or at a high risk) on the physical, mental or social health of the person or the victim".
Specifically, domestic violence includes sexual assault, rape, physical and moral violence, sexual mutilation, forced marriages, violence related to religious fundamentalism, pimping and prostitution...
Domestic violence also affects men. Violence committed by women on men is of course much rarer, but actually exists and must be taken into account.
If you are a victim of violence, and want to seek redress and / or divorce, do not hesitate to contact our Practice.
Legal advice to victims of violence within the couple
- File a complaint (not a simple complaint=main courante) at a police station or gendarmerie whenever there is violence, and immediately request the minutes of your complaint.
- Have a doctor establish a medical certificate, preferably in the emergency department of a hospital,
- Keep the evidence and testimonies of the violence that you suffer (testimonials, photos ...)
- Gather your administrative documents: family record book, identity card, residence card if you are a foreigner, passport, card (or number) of your Family Allowance Fund, your supplementary health insurance card, work certificates, salary documents, latest tax sheet, high bills, title deeds and all contracts (lease, loans in progress)...