The dissolution of a marriage by divorce can take place only if during the course of the proceedings it is shown that there has been a permanent breakdown of the three ties between the spouses - economic, spiritual and physical. This means that the pronouncement of divorce is possible only if the spouses no longer have feelings for each other, do not maintain intimate contact with each other and do not run a joint household. If we fail to prove the above circumstances, and the court becomes convinced that there are chances to save our relationship, it will be able to suspend the proceedings, thus giving the spouses a chance to reconsider their positions.
Consequently, when initiating divorce proceedings, we should be certain that we no longer see any chance of saving the marriage, and at the same time be prepared to convince the court that all the elements that determine the existence of the marriage have ceased. It is important to realize that judges who adjudicate divorce cases have different approaches to these matters. Some of them will limit themselves to asking a few simple questions that allow them to draw a conclusion about the breakdown of the marriage, while others will delve into the causes of the breakdown, seeking, despite the spouses' wishes, reasons why the cessation of the marriage should not yet be decided.
The decision not to prove the guilt of a spouse in the breakdown of a relationship can and usually does have a significant effect on speeding up the entire divorce procedure. According to the general rules governing civil proceedings, it is the person who derives legal effect from a given fact who has the burden of proving it. If we abandon the adjudication of guilt, we will not have to prove that the other party is responsible for the breakdown of the cohabitation. Meanwhile, understandably, most often the attempt to prove guilt by one spouse implies a defense against such a charge. This kind of activity of the parties to the proceedings obviously affects the amount of evidence necessary for the trial, and further, the time of the entire trial.
If we do not have children, we will also miss the settlement of parental authority, alimony and contact. However, if joint minor children come out of the marriage, issues related to their upbringing and maintenance will also have to be decided in the divorce judgment.
Dissolution of marriage without adjudication of guilt usually occurs when the decision to end the relationship is a joint decision of the spouses, and the relationship between them is at least correct. If the issue of guilt is not raised, and the parties additionally present a common position on the amount of alimony, parental authority and contact with the children, then there is a high probability that the entire proceedings will end even at a single hearing.
