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Divorce, fault finding and alimony. Who can get them?

It has been assumed that alimony is usually awarded for children, but in the event of a divorce with a decision on guilt, alimony can be obtained by anyone who proves that their claims are right in court. A divorce on fault may be requested, among others: based on lack of marital life, betrayal and violence.

Lack of marital life as the reason for the verdict of guilt

An unjustified refusal to marry may lead to a finding of guilt and an award of alimony. This is the case when one of the parties manages to prove one-sided guilt of the breakdown of the marriage. For this to happen, the applicant must prove that the other party is responsible for the breakup of the marital relationship and is unable to restore it.

However, it should be remembered that the courts interpret the concept of guilt differently and usually focus on whether one of the parties committed an act that broke the marital life. It may turn out that betrayal, psychological or physical violence may be responsible for the lack of closeness of the partner. Always consult a solicitor or a private investigator specializing in divorce before filing a divorce case, as each court decision is individual and depends on the circumstances of the case. A competent person will be able to determine, at least on a percentage scale, the chances of success in seeking a divorce on fault.

Kiedy sąd wyda orzeczenie o widnie i przyzna alimenty na partnera

Can illness be a reason to award maintenance during a divorce case?

Yes. For both wife and husband. In many situations, when a partner is unable to support himself due to illness or disability, he can apply for maintenance during the divorce. In these situations, the court will consider the arguments of both sides and decide whether to award maintenance to the sick person to help cover the costs of treatment and maintenance.

Please note that each case is considered individually. The person requesting maintenance must provide the court with adequate evidence to support the application. You should prepare for this in advance and collect the appropriate documentation, e.g. medical certificates confirming the state of health and the degree of incapacity for work, documents confirming the amount of medical expenses, bills showing the monthly living expenses.

Importantly, the applicant must prove to the court that he is unable to support himself and that he needs financial support from the other party. If you need help with this, write to us. Our legal and detective agency will help you collect all the necessary documents, represent you in court and prepare you for the court case.

What other reasons can there be for granting alimony during a divorce?

Our law and detective office specializes in collecting materials for the court. During several years of active activity, we have encountered many cases that ended with a maintenance decision for a former partner.

These things are not always obvious. Only delving into the details allows you to understand the mechanism of operation and adjudication of courts in cases with a decision on guilt and the award of alimony. Infidelity is one of the first reasons that come to mind, while the lack of marital life is not so obvious. A partner’s headache or lack of desire for intimacy may be a reason to order maintenance for the husband. It is similar in the case of illness, e.g. when one of the partners has had a stroke and is unable to support himself. A wife may be required to pay maintenance to her husband when he is elderly and unable to find work.

Divorce cases with a guilty verdict are complicated processes that require proper preparation. The better prepared you are for it, the faster the case will be over. Lack of proper preparation and support from an experienced law firm may result in failure and the process may last even several years.