Imagine that one day, in a difficult moment of your existence, a moment in which you had to see the bitter failure of a family project, you are forced to enter the studio of a stranger to unravel your whole life, your secrets, your pains and let’s face it, very often your desire for revenge.
Here is the first meeting between the client and the divorce lawyer.
On this occasion, there are some fundamental, albeit basic, questions that you should ask the professional. These clarifications will be helpful to shed light on that intricate world of family law which, unfortunately, often tends to be the subject of bar chatter and of the new and rampant phenomenon that we will call “on the internet I read that …” only valuable for a scare and confuse those who, despite themselves, are forced to approach it.
Let’s try to reflect, and then here are the questions that should be asked to the divorce lawyer at the first meeting.
Difference between separation and divorce? What is it?
Separation and divorce, despite what is often thought, are profoundly different institutions and to which the law attributes other purposes.
The legal separation of the spouses does not put an end to the marriage relationship but determines its suspension, which could lead to reconciliation or divorce. In case of divorce one must choose the best lawyers in Delhi. On the other hand, the latter determines the actual dissolution of the marriage bond with the relative cessation of the effects of the marriage on a personal and patrimonial level.
But what are the main differences between the two institutes?
First of all, in separation, reconciliation is possible at any time. On the other hand, the couple was already divorced; in a “return of the flame,” they will have to marry again.
There is also a substantial difference from the point of view of economic relations. With the separation, the economically weaker spouse will be able to obtain a maintenance allowance that generally guarantees the same standard of living enjoyed during the marriage. The right to receive a divorce allowance, on the other hand, arises from that spouse who proves that he is not, and cannot be, economically self-sufficient.
Furthermore, with the separation, in the event of the death of one of the spouses, the other would continue to enjoy the right to receive the survivor’s pension. The same right applies to the former spouse after divorce, only if the latter had been granted the right to the divorce allowance and only if he had never remarried. The same characteristics are required so that the former spouse can have the right to receive the severance pay, which, however, does not belong to the separated spouse.
Finally, with the separation, the inheritance rights remain unaffected and completely disappear after the divorce. To find the best lawyer you can search on the internet by simply writing advocate near me.
Difference between consensual and judicial separation?
With the consensual separation, there is an agreement between the spouses regarding the conditions of the separation itself. In this case, the lawyer (or lawyers, if the parties decide to be represented by two different professionals) has the task of drafting the agreement that the Court will only approve, ensuring that the rights of both parties have been respected. Everything ends with a single brief hearing before the Judge.
Can separation be obtained with a charge?
In the presence of specific circumstances and if one of the parties requests it, the Judge could declare which of the spouses the separation is attributable.
The charge can be pronounced based on circumstances that affect marriage duties, such as loyalty and collaboration, or in cases of lack of moral and material assistance, mistreatment, and more.
We know very well what you would like to ask us: and betrayal? The jurisprudence has abundantly ruled on the matter. Well, betrayal can be the cause of the separation charge only if it is demonstrated that the crisis of the couple relationship is due precisely to the infidelity of one of the spouses and that there was no previous crisis that, in some way, goes to “justify” the betrayal itself.
The pronouncement of charge does not have a mere moral value; on the contrary, it has profound consequences from the material point of view. The spouse who suffers the order cannot ask for maintenance and loses the inheritance rights towards the other spouse; that is to say that he cannot assume the status of an heir.
To conclude, the charge is a sanctioning measure for those who violate marriage duties.