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The breakdown of the couple relationship does not authorize the violation of marriage burdens. It is therefore necessary to continue the cohabitation and the satisfaction of the needs of the family. In case of extra-marital relations ask for advice to the lawyer.
It is necessary to underline that these burdens, before being juridical in nature, are moral, since "turning away" from one s spouse is not at all beautiful.
And anyway it is a damage to the management of the practice, because the parties arrive at the interview already quite annoyed. And the climate with which the parties arrive at the separation phase is decisive for the result of the separation itself.
The most common questions concerning DIVORTIUM.1) In which cases can I apply for a divorce ?. After a minimum of 3 years from the trial before the President of the Court in the subjective separation procedure.
Sometimes in particular circumstances (sexual impotence, attack on the life of the other spouse, penalty for specific crimes, etc.) one can ask for a divorce without having to face the median phase of separation (article 3 of the legislation governing divorce). .2) DIVORCE still represents the regulation adopted IN THE STAGE OF SEPARATION?.
Divorce, in the national legal system, has a regulation in its own right and therefore theoretically the accepted obligations in the separation phase can be redefined.
However, especially if only a few years have elapsed since the separation, the spouses ask for the obligations to be substantially the same, especially if the separation has ensured an adequate balance in the relations of the patrimonial type and existence (ie relations with the children) .
3) Can the spouses be assisted by a single lawyer?
If the consorts have chosen by mutual consent, divorce is not only possible but it is advisable to contact a single lawyer from the first interview. In this way the duration of the procedure is less and the costs decrease by half.
The lawyer, in this case, will offer legal advice to both spouses and will expose the most appropriate resolutions (always consensual) for the regulation of property and non-patrimonial relations. Given the particularity of the subject it is better to contact a qualified lawyer in family law.
In fact, the treatment of these practices presupposes a specific knowledge. 4) How long can a divorce last? Divorce, if it is agreed, lasts only a few weeks. If it is of a conflictual nature, it lasts as long as an ordinary cause (it may therefore have a multi-year duration) .
5) HOW MANY OCCASIONS do I have to go to the COURT? In case of divorce agreed only on one occasion, in case of divorce discussed it is possible to be summoned by the judge for a conventional meeting or for the conciliation test and then you can get 2 or 3 appearances in the classroom.
Does it mean divorce? It is the sum that one of the two spouses can be bound to pay in case of considerable inequality of earnings in the couple.
Theoretically the divorce allowance could also be granted to the spouse to whom the separation has been ascribed.
The judge is required to examine these elements: condition of the spouses, motivations of the decision, contribution given by each to the institution of the assets, income of the spouses, duration of the marriage union. The grant can also be paid in a single installment (provided that the court deems the appropriate sum).