What are the consequences of divorce without an adjudication of guilt?

A spouse who has not been found guilty of marital breakdown (i.e., as in a divorce without adjudication of guilt) may be obliged to pay alimony to the other spouse if and only if the other spouse is in a state of deprivation. In the case of a spouse who has not been found guilty of marital breakdown (i.e., as in the case of divorce without adjudication of guilt), the alimony obligation to the other spouse expires five years after the divorce is decreed. Only as a result of exceptional circumstances may the Court extend this five-year period. The obligation to provide alimony also ceases if the spouse entitled to alimony enters into a new marriage. In the case of a divorce without adjudication of guilt, if the persons who entered into the marriage have minor children, one of the most important tasks of the court is to decide in the divorce judgment how to exercise parental authority and determine the child’s whereabouts with either parent. The court also indicates how each spouse’s contact with the children is to be, unless they unanimously request that a ruling on this issue not be made. In the case of a divorce, including without prejudging fault, as soon as the judgment pronouncing it becomes final, statutory marital community of property ceases to exist between the parties to the marriage.

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