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Divorce for Fault

Divorce for Fault

Old Sep 2nd 2013, 10:15 am
  #1  
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Default Divorce for Fault

Anyone been through this with children involved?
Looking for someone to talk to if possible.
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Old Sep 2nd 2013, 11:22 am
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Default Re: Divorce for Fault

Originally Posted by beigey
Anyone been through this with children involved?
Looking for someone to talk to if possible.
Sorry to hear this. If it comes before the Tribunal, you'll need an Avocat to represent you and plead in your best interests. A Juge will always make a Decision in the best interests of any children involved.
If no one here can help, have you tried on a dedicated PACA forum for some one close by?
Good luck
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Old Sep 2nd 2013, 5:40 pm
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Default Re: Divorce for Fault

sorry to hear it beigey.. take care and sorry I cant be of more help
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Old Sep 2nd 2013, 7:41 pm
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Default Re: Divorce for Fault

thanks, already have the process started, just looking for someone who's been through it.
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Old Sep 3rd 2013, 7:42 pm
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Default Re: Divorce for Fault

Beigey, wassup hon?
I've been through that but only in Sweden, not here. Just holding out a hand if you need it.
Chin up shugah
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Old Sep 4th 2013, 2:52 pm
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Default Re: Divorce for Fault

Originally Posted by beigey
thanks, already have the process started, just looking for someone who's been through it.
Hi,
Sorry to read about your plight.
It's increasingly unusual to have recourse to a divorce pour faute, which is no doubt why the law provides for a possible change to consentement mutuel during the course of the procedure. My wife asked for a divorce pour faute from her first husband; a lot of the procedure is similar to the consentement mutuel (attempts at reconciliation) but la faute has to be proved, through letters and witness accounts, for example. She found it extremely harrowing, but then that all depends on what sort of a person you're dealing with. As far as I can gather, (I wasn't around then) she was eager to get away from the clutches of this bloke and so made the mistake that many of us make, of not fighting hard enough for a really decent settlement. This is where having the right lawyer (compulsory) is so important. Hers was of the chocolate teapot variety when it came to crunch time. I made the same mistake, and what may seem like unimportant injustices at the time may well rankle afterwards. In her case, the once easy-going, loving husband turned into a bit of a money-grubbing bastard. You may also find that men often want the penny, the bun and the baker's daughter too and thus find it almost impossible to do the right thing, to make the choices and decisions that are staring them in the face. A clean break is essential, in as far as that is possible when there are kids involved. Without a clean break, things may drag on for ever leaving you not knowing where to turn.
As regards your children, as I imagine you are suing for divorce as the victim of wrongdoing, you will almost certainly get custody, and probably the home.

Good luck, you may well need a bit,
PB
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Old Sep 5th 2013, 5:00 pm
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Default Re: Divorce for Fault

Thanks, I am sticking with par faute because it was FAULT!
He has a plainte against him and goes to criminal court
L'ITT de 7 jours is NOT funny.

Thanks for the luck and light - god knows I need it at the moment,
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Old Sep 5th 2013, 5:42 pm
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Default Re: Divorce for Fault

Originally Posted by beigey
Thanks, I am sticking with par faute because it was FAULT!
He has a plainte against him and goes to criminal court
L'ITT de 7 jours is NOT funny.

Thanks for the luck and light - god knows I need it at the moment,
Yes, I can quite see your point, and sympathise greatly. Cases such as yours are why divorce pour faute has been maintained in law. You're obviously well out of it, and clearly had no choice. I really hope things turn out decently for you; at least proof shouldn't be a problem with a doctor's testimony for the ITT.
All the very best, we'll all be thinking of you.
PB
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Old Sep 5th 2013, 6:13 pm
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Default Re: Divorce for Fault

Gosh!! really awful for you Beigey.. well done for getting him out and standing up to him.. Good luck!
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Old Sep 5th 2013, 10:46 pm
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Default Re: Divorce for Fault

Originally Posted by Peabrain
Hi,
Sorry to read about your plight.
It's increasingly unusual to have recourse to a divorce pour faute, which is no doubt why the law provides for a possible change to consentement mutuel during the course of the procedure. My wife asked for a divorce pour faute from her first husband; a lot of the procedure is similar to the consentement mutuel (attempts at reconciliation) but la faute has to be proved, through letters and witness accounts, for example. She found it extremely harrowing, but then that all depends on what sort of a person you're dealing with. As far as I can gather, (I wasn't around then) she was eager to get away from the clutches of this bloke and so made the mistake that many of us make, of not fighting hard enough for a really decent settlement. This is where having the right lawyer (compulsory) is so important. Hers was of the chocolate teapot variety when it came to crunch time. I made the same mistake, and what may seem like unimportant injustices at the time may well rankle afterwards. In her case, the once easy-going, loving husband turned into a bit of a money-grubbing bastard. You may also find that men often want the penny, the bun and the baker's daughter too and thus find it almost impossible to do the right thing, to make the choices and decisions that are staring them in the face. A clean break is essential, in as far as that is possible when there are kids involved. Without a clean break, things may drag on for ever leaving you not knowing where to turn.
As regards your children, as I imagine you are suing for divorce as the victim of wrongdoing, you will almost certainly get custody, and probably the home.

Good luck, you may well need a bit,
PB
may I say that it isn't just men that men turn into a bit of a money grubbing bastard.
my ex actually sent our daughter round to ask me if I would accept £1 for my half share of a £175k property - when she had just inherited over £650k from her late mother's estate. I contested it in court and got the 50% she didn't want me to have.
And then her solicitor tried to deduct 20% "selling costs" when she was living in the property and had no intention of selling. I had to go hard ball and say that either they accepted it as it stood or I would demand another court hearing to decide it. She paid up !!

however, I have every sympathy for anyone who has to go thru a divorce for whatever reason.

`
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