Understanding fault-based divorce
What is a fault-based divorce?
Divorce for fault is a legal procedure enabling one spouse to request dissolution of the marriage when the other has committed a serious or repeated breach of conjugal duties (fidelity, respect, assistance). This breach makes it impossible to continue living together.
Grounds for divorce on grounds of fault
In addition toadultery, a number of other behaviors can be considered misconduct:
- Physical or psychological violence,
- Abandonment of the marital home,
- Insults, humiliation, or disloyal behavior,
- Refusal to assume household expenses.
Legal consequences for spouses
The offending spouse may be ordered to pay damages, or even have restrictions imposed on child custody.
Adultery as grounds for divorce
Definition and case law
Adultery is a breach of the duty of fidelity laid down in article 212 of the French Civil Code. Since the reform of the divorce law, adultery is no longer a criminal offence, but remains a civil fault that can justify a divorce for fault when it makes living together intolerable.
Evidence before the judge
Adultery must be proven by any means:
List of admissible proofs :
- Bailiff’s report,
- Written testimonials (in accordance with article 202 of the CPC),
- Electronic exchanges (SMS, e-mail, social networks),
- Private investigator reports,
- Confessions or correspondence between spouses.
Such evidence must be obtained fairly, without infringing on privacy.
Impact on judgment
The family court judge(JAF Toulon) assesses the seriousness of the fault and its impact on the marriage. Adultery can influence :
- The granting of a divorce to the sole detriment of one spouse,
- Damages awarded to the victim of the fault.
Steps in the procedure
Filing the petition and summons
The procedure begins with a writ of summons to the Toulon court. The summons sets out the grievances and evidence.
Hearing before the Family Affairs Judge (JAF)
At the hearing, the JAF examines the facts and evidence and rules on provisional measures before hearing the case on its merits.
Divorce decree and property and parental consequences
The judgment of divorce for fault rules on :
- Dissolution of marriage,
- Apportioning blame,
- Compensatory allowance
- Child custody and support,
- Sharing assets.
The lawyer’s role in a fault-based divorce
Collecting and validating evidence
Your Toulon divorce lawyer will help you find admissible evidence and ensure that it complies with legal requirements.
Drafting and filing of conclusions
He draws up conclusions setting out the faults and their consequences, while anticipating opposing arguments.
Representation and defense in court
The lawyer defends you before the Family Court, protects your property and parental interests, and negotiates the best possible terms.
The consequences of divorce for adultery
Alimony
Child support remains payable.
Child custody and visiting rights
Adultery does not automatically lead to loss of custody, but can influence the judge’s decision if the behavior has an impact on the children’s equilibrium.
Division of assets and financial compensation
The matrimonial property regime remains the reference for division. However, the judge may award damages to the spouse who is the victim of the fault.
Why choose our Toulon office?
Expertise in fault-based divorce
Our law firm in Toulon regularly appears in court for complex adulterous fault divorce cases.
Strategic and human support
Our approach is tailor-made, combining listening, strategy and legal rigor.
In-depth knowledge of the Toulon judicial court
Our lawyers are familiar with the local practices of the Toulon Family Court, guaranteeing a defense tailored to each situation.
Contact our firm to secure your fault-based divorce in Toulon.
FAQ – Divorce for adulterous fault
What evidence is required for a divorce on grounds of adultery?
Statements, messages, testimonies or confessions can be used, provided they are obtained in good faith.
Is adultery the only ground for divorce for fault?
No. Violence, abandonment or serious breaches of marital obligations can also justify a claim.
Is it possible to claim a higher compensatory allowance in the event of adultery?
Yes, if the fault has had significant economic consequences for the victim spouse.
How long does a fault-based divorce in Toulon last?
On average 12 to 18 months, depending on the complexity of the case and the court’s workload.
Do I need a lawyer for an adulterous divorce?
Yes, you must be represented by a lawyer in court.
For assistance, contact Lacombe & Brisou – Lawyers in Toulon, specialists in fault-based divorce and family law.
