Abandoning the marital home constitutes a fault that can justify the pronouncement of a divorce at the exclusive fault of the guilty spouse.
However, leaving the marital home without a judge's authorization does not necessarily constitute misconduct. Divorce "may be sought by one spouse when acts constituting a serious and repeated breach of the duties and obligations of marriage are attributable to the other spouse and make the continuation of married life intolerable" (Article 242 of the Civil Code).
Therefore, if the abandonment of the marital home is a consequence of recurring physical and moral violence, or if there is a real danger to the spouse and children of the couple, the fault may be attributed to the spouse who remains .
In this scenario, it is then inevitable to initiate contested divorce proceedings with the family court judge of the regional court, who will order the spouses to live separately.
Protection of the law
In the event of a criminal offense committed against the spouse and/or children of the couple, the victim may contact the public prosecutor. The magistrate may then request the following against the perpetrator:
to reside outside the marital home,
to refrain from appearing near the family home,
medical and even psychological support.
Article D32-29 of the Code of Criminal Procedure adds a prohibition on meeting the victim, entering into contact with her, or residing with her, even if it is the home of the couple and the family.
Abandonment of the marital home during a divorce proceeding without a judge
In the absence of a judge, Article 215 of the Civil Code terminates the divorce proceedings upon the spouses' divorce, that is, when the divorce agreement between them takes effect. Thus, the exact moment when either spouse can leave the marital home depends on when the divorce takes effect.
