What is the fault divorce?
Unless it is the only way possible, you had better think of a consensual divorce, not a "disputed" one...
The divorce litigation or adversarial divorce is the "disputed" divorce initiated by one spouse, who is presumed
innocent. The other one is guilty and there needs to be a declaration proving their guilt.
This is a trial that is governed by the ordinary procedure, which is the broadest in terms of evidence and
therefore long in duration. The suit starts with the "facts" as they appear (i.e. often magnified by the passion
with which they narrate or the lawyer believes that they are too insignificant to get a favorable ruling.)
We must prove those facts. The test most frequently offered is the testimony, often difficult to obtain since
those who know these "facts" tend to be mutual friends of the couple and do not always want to testify.
They also know the intimate details of the couple and although the law accepts them as witnesses in these cases,
they fall under the general law and their statement is drawn out of them.
Another test that is usually made is a record that was initiated before, such as a criminal case or a civil
injury like family violence. You can also recur to “compromising" photos or recordings (now that technology is
booming), psychological skills, environmental reports (this more than anything when it comes to deciding the
A contested divorce usually brings other judgments with parallelized or successive
- Precautionary measures
- Food establishment
- Implementation of food
- Having children
- Fixation of the visitation schedule
- Liquidation of the conjugal union.
There can be multiple trials processed at once or in succession, terminating the bond between the litigants, who
remember that they were once "husband and wife" and who remain responsible for the upbringing of the children they
have in common, having to achieve "minimum agreement and communication".
The family lawyers and judges almost always try that at some point in the trial and the divorce "becomes" an
agreed one. Also, they try to conclude the agreements on all the other items that are handled in a separate
Adversarial divorce litigation consumes a lot of psychic energy and money at times, far more than what is needed
to finalize a consensual divorce.
Currently, more people opt for the consented divorce. The exceptions only occur when there is no other possible
way because the two partners cannot reach an agreement or the grounds for divorce are very serious.