When does the court decide on guilt for the breakdown of marital life?

In the divorce judgment, the court indicates whether and which of the spouses is responsible for the breakdown of the marriage. This means that in the operative part of the judgment the court states that the divorce was due to the fault of both spouses, one of them or without their fault. At the joint request of the spouses, the court does not decide on guilt – then the effects are as if neither of the spouses was guilty.

We can talk about the parties’ fault in the breakdown of their marital life in the event of adultery, physical/mental violence, or abuse of intoxicating substances such as alcohol or drugs. Other situations, although more difficult to overcome, include: professional stagnation/workaholism, disloyalty, bad relations with the spouse’s family, difference in worldview/character, mental illness, abandonment of the family, change of religion, lack of involvement in family life.

The choice of a divorce decree based solely on the spouse’s fault determines the need to point to specific arguments and examples of the partner’s behavior. Any abnormal behavior of the spouse during the marriage may be important, but the most significant should be considered the primary and dominant ones as the seed of further deterioration of the marital relationship.