Divorce is stressful, to say the least. Most women do not want to divorce their husbands even if married life has become unbearable. Most people have thought about divorce at least once during their marriage. For some it is a constant threat, for others it is the only hope. If you avoid the thought of divorce or think about it every day, this article will help you figure it out.
When talking about divorce, people fear the following:
- Responsibility for children is completely shifted onto the shoulders of the mother. Not wanting to feel guilty for taking the children’s father away, the woman tolerates the presence of her husband until the last moment.
- Relatives, not knowing the true circumstances in the family, often take the husband’s side. Thus, the woman is left without the support of loved ones, which leads to doubts and erroneous conclusions about her actions.
- Material support is one of the main obstacles to separation. Especially when the wife is fully supported by the husband. In this case, the stress is double. Although for those who are tired of indecision and a boring existence, on the contrary, finding a job becomes an opportunity for self-realization.
- Loneliness and fear, which causes psychological discomfort. The lady needs to come to terms with the idea that she now has a new status - “single woman”. For many this is very unpleasant.
Naturally, there are purely individual reasons why a young lady prefers a bad marriage to calm loneliness. But there are times when breaking up is simply necessary. Otherwise, living together threatens to undermine the physical and psychological health of a beautiful person.
Good reasons
The first step in the divorce process is probably the most difficult step you will take: making the decision at all. How do you understand that you need to divorce your husband?
Alcohol and drug addiction of the spouse
These are the most compelling reasons, because dependent individuals over time become asocial, degrade and lose all ability to perform family functions. You definitely need to think about the offspring - what are you dooming them to by forcing them to see their father in an inadequate state almost every day?
Physical violence
Does he hit you, does he love you? Do not make me laugh. There is no such good reason in the world why a husband could raise his hand against his chosen one. The sooner the breakup happens, the better for your health and life.
Moral pressure, despotism
It is not known what is worse - physical violence or daily moral abuse. If a companion constantly insults, humiliates, ignores, then over time the passion will turn into one continuous lump of disease. By mocking, the partner destroys the self-esteem of the other half, cultivates inferiority complexes, which leads to psychosomatic disruptions. The child (if there is one), seeing how the father treats the mother, develops his own complexes and problems with relationships in the future.
Constant betrayals
Should we turn a blind eye to betrayal? If adultery happened once, and if the companion sincerely repents, it is necessary. And if infidelity occurs openly and is accompanied by complete disregard for the lawful companion, why endure it?
Laziness and unwillingness to provide for the family
Yes, anyone can find themselves without a job at some point in their life. This can be understood. But how do you understand a person who does not want to go to work and lives completely calmly on his companion’s finances? Is this a reason for divorce?
Attention: these tips should be taken into account by those wives who do not face the compelling reasons for breaking up listed above.
How to decide on divorce? Psychologists have one wonderful technique that is designed specifically for analyzing confusing situations. Especially in cases where feelings say one thing, and the mind says another.
The technique is called “Cartesian Questions,” which sound something like this:
- What happens if you do this? (Answer simply).
- What won't happen if you do this? This question is designed to identify “secondary benefits.” That is, with the help of the answer you can determine the advantages of the current situation and the advantages that there is a risk of losing when achieving a new result.
- What won't happen if you don't do it? Here the left hemisphere of the brain falls into a stupor. But if you try to look for the answer, a person can avoid the usual conscious thinking and use other neural channels of the brain. Simply put, you will think about a known situation in a new way. This process helps in realizing those values and inner strengths that were previously unknown to you. Therefore, here I would like to wish to seek the answer using intuition, but not logic.
- What happens if you don't? This highlights the price you will pay if you continue to live your life as before. Or you realize that parting will be a step forward for you, an incentive that will change your life for the better.
Choices
Important: beforehow to decide to divorce your husband, a woman needs to look inside her soul, turn to her values,Ask yourself how well your current situation satisfies your deepest needs.
Often, when thinking about whether to get a divorce, a lady puts her financial situation first. Many women have an insoluble dilemma - material or mental comfort.
There are only two ways out here. The first is that a beautiful person takes responsibility for her life, becomes independent and financially independent. That is, she chose love and sincerity over money.
The second is that a person chooses money and comfort, but is forced to adapt and endure, depriving herself of full emotional living. Is it necessary to suffer so much if there is only one life and it is better not to observe it, but to live it?
Expectations and reality
After a thorough approach to the previous questions and answers, you may be surprised to find that it is possible to eliminate the interfering factors in your marital life, as well as to achieve your goals, without a breakup. Because the bulk of the positive factors that a person strives for are already present in life, he just doesn’t see them.
While you have not yet decided to divorce your husband completely, there is a chance for a new start. Just to get started, there is no need to radically change your partner. Just change your point of view. If you have reached such a realization, then grab the chance and change yourself while you are still close to your former companion. Because with a new one you will be forced to start all over again. And there is no guarantee that the new option will be better.
Keep in mind that another person may not be found. Especially when a woman’s demands are too high, and among the stronger sex there are very few ideal ones. Psychologists advise becoming a philosopher - sorting out expectations and possibilities. Also believe in yourself, no matter what awaits you at the finish line.
So, what does a lady expect when she is ready to decide to divorce her husband? Of course, subconsciously she expects only one thing - a happy ending:
- The partner will get scared, correct himself, rethink, weigh and quickly begin to do what is expected of him.
- The lady will get rid of her annoying partner.
- Fate will immediately bring you together with a new passion.
But let’s return to reality and see how monstrously further events can disappoint a person:
- The partner does not show any reaction and acts in the same “disgusting” way.
- The partner reacts, but by committing inappropriate actions. They don’t fit into the plan you’ve developed at all, and the loneliness and other “benefits” that appear in connection with the breakup are even more annoying than the previous problems. So, the lady falls into a zone of doubt and begins to want to turn back time - so that all this would not happen at all.
- Fate turned out to be cruel and did not give a chance for a bright future, or the chance was received, but spoiled by the same scenario.
So, sometimes a person is left empty-handed and a lonely soul. And complete despair sets in when he realizes that his expectations were naive and stupid.
If your thoughts have not led to a final result, then think about this. Both young and old, a married couple is connected by one very important thing - spiritual relationships. Proper communication, trust and intimacy play a huge role not only in bed, but also in spirit. If, when thinking about whether to divorce or not, you have not found anything like that in your relationship, then there is no point in living together. The couple will feel sadness and loneliness with each other.
Signs that a breakup is near
The couple feels the inevitable approach of a breakup intuitively. Sometimes this is determined by certain signs that are a warning. There are many cases where one of the couple had a premonition of an impending storm, but did not have enough reason to explain what was happening.
The first signal is limited communication between people. The partner suddenly becomes withdrawn, immersed in his personal experiences and does not want to share with his other half. Of course, such behavior is also characteristic of a man in case of problems at work or with health (men's diseases, for example). Therefore, the situation here still needs to be clarified, and isolation does not mean that you should get a divorce.
But if a storm is indeed approaching, then the development scenario is more or less clear. After immersing himself in himself, the husband becomes more “cold” with his passion:
- Denies physical intimacy.
- When any signs of attention are shown on the part of the wife, the husband becomes indignant, irritated and even behaves aggressively.
- Tries to independently (without asking your opinion) solve everyday important issues.
- Attempts to ask where the husband was, how the day went and why he was late for dinner, are followed by the reaction - “my personal affairs do not concern you.”
This stage has already been significantly advanced. It is, of course, possible to return the relationship to its former course, but it will not be very easy. After all, the spouses behave like almost strangers.
But what to do if you want to save the relationship? In this situation, go to a psychologist. Although, it happens that when one partner cools down, the other does the same. And this happens on its own. But there is also a plus here - the decision to break up will be thoughtful, balanced and mutual.
In the Russian Federation, divorce in most cases does not require the consent of both parties (although in some cases it is necessary). If one of the spouses does not agree to a divorce in the registry office, then the second can get his way (Article 21 of the Family Code (FC) of the Russian Federation) in a magistrate or district court, having previously prepared the necessary documents. If it is determined that it is not possible to save the family, the court will make a decision in favor of the plaintiff.
An exception is the situation when the husband wishes or if their common child is under 1 year old.
It is a mistake to believe that the common explanation of “they didn’t get along” will be enough. Reasons supported by evidence that the court may consider valid will play a greater role than an unreasonable desire to break off the relationship at any cost.
Magistrates' Court, District Court or Civil Registry Office - where to apply?
If one of the spouses intends to dissolve the marriage to the magistrate's court You should apply if you do not need to decide who the children will stay with, and the jointly acquired property is not more than fifty thousand rubles.
If these two conditions are not met, you need to file for divorce. to the district court. This usually means the court at the defendant’s place of residence. But if, for health reasons, it is difficult for the plaintiff to travel to the defendant’s place of residence or there is a minor with him, the claim may be filed in court at the plaintiff’s place of residence (Part 4 of Article 29 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation).
At the request of only one spouse, it is possible only in the following cases established by paragraph 2 of Art. 19 IC RF:
- the spouse is considered missing;
- declared incompetent by the court;
- imprisoned for a term of 3 years.
It does not matter whether such couples have minor children.
What documents are needed for a divorce without the consent of the spouse?
Next, the court in most cases sets a period for reconciliation of the spouses, which can be from one to three months. Also, one of the spouses can initiate several times for the court to postpone the hearing of the case, but the total period should also not exceed three months. The reconciliation period can be shortened if good reasons are presented to the court.
If, after the expiration of the period, at least one spouse still demands a divorce, the marriage is dissolved. In the next three days, the extract from the court will be sent to the registry office.
If one of the parties is absent from the meeting, the case may be considered without her if she asks the court about it and indicates her position on the case. Or a new date is set. However if the respondent does not come three times Without good reason, the court dissolves the marriage automatically.
If both parties do not appear in court, the case is closed and the marriage remains undissolved.
Obtaining a certificate of divorce by court decision
With a power of attorney, the representative can draw up and submit a statement of claim, present the documents necessary for the divorce, and also participate in court hearings, if this is specified in a separate paragraph. Also, the person acting in this role must have identification documents with him.
Capable persons vested with such powers may act as representatives in court (Article 49 of the Code of Civil Procedure of the Russian Federation). In cases on this issue, judges, prosecutors and investigators cannot be representatives (Article 51 of the Code of Civil Procedure of the Russian Federation).
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Multifunctional legal center Moscow, st. Nametkina 15
What to do when the marriage relationship is not working out, and all attempts to fix something fail? Of course, you can endure endless scandals, hoping that everything will work out, or you can solve everything in one moment and file for divorce. However, very often men do not agree to such a radical solution to the problem, because most of them are conservative by nature. As for the weaker half, as a rule, if a woman decides something, then it is very difficult to stop her. It doesn’t matter to her that her husband doesn’t give his consent, she will find a way to get a divorce! This is exactly what we will talk about today.
Is it possible to dissolve a marriage if the husband does not consent?
Of course you can! In our country, freedom of choice is respected, including in family relationships.
This right is enshrined in the Family Code of the Russian Federation, namely, Articles 16–26 state that any citizen has the right to divorce, and also explains how this right can be exercised in various situations.
The only complication is the impossibility of filing a divorce at the registry office, even if there are no children. However, in some situations, a woman has the right to demand a unilateral divorce, and to do this at the registry office.
- If the husband is declared incompetent.
- If the spouse has been absent for more than a year and there is no information about him, and any attempts to contact the spouse have not been successful. In this case, confirmation of the fact of absence from neighbors will be required. Based on this data, the court will issue a certificate stating that the citizen is missing, which must be presented to the registry office.
- If the spouse is declared dead and the wife has the corresponding document in her hands.
- If the husband has committed a crime and is serving a sentence in prison for more than three years.
In the above cases, divorce in the registry office is possible even if there are children.
A sample application to the registry office in such situations is given below:
The procedure for divorce without the consent of the husband
If one of the spouses categorically refuses to divorce, this can only be done in court. To do this, the initiator must submit an application to the court at the place of residence of the defendant, if there are no grounds for holding the process at his location. The application must contain the following information:
- Full name of both participants in the process and contact information;
- information about the wedding, where and when it took place;
- the reasons for the divorce and the inability to register it in the registry office;
- list of applications;
Sample claim to court
List of documents when filing a claim for divorce:
- passport;
- document confirming marriage;
- receipt of payment of state duty.
From a lawyer. In some situations, other information may be needed, so it is better to agree on the text of the claim with a lawyer, since mistakes made in this document may lead to the fact that the case will not be considered.
After filing an application, you should wait for an invitation to court and be sure to attend all meetings; it is advisable to enlist the support of a competent lawyer. As a rule, the court, in the absence of the consent of one of the parties, gives time for reflection from 1 to 3 months, and then makes a decision on divorce. With this document you should go to the registry office and get the corresponding certificate there and put a stamp in your passport.
Spouse does not come to court hearings: what to do
The absence of the defendant in court cannot become a basis for refusing a divorce, so the wife should simply be patient and conscientiously attend all scheduled meetings. The procedure for justice in this case is as follows: if the husband does not attend the court hearing twice, then the third time the court fully satisfies the plaintiff’s demands, including the division of property, since no one raised any objections.
Important! The husband must understand that in his absence personal interests may suffer greatly.
Example. The wife filed a lawsuit for divorce, demanding the division of acquired property. The list included an apartment for the purchase of which the husband spent his personal savings made before marriage, which the wife kept silent about. As a result of his failure to appear, the marriage was dissolved and the apartment was divided into two equal parts.
The state guarantees every citizen freedom of choice, so a husband cannot force his wife to live with him, contrary to her wishes. How to get a divorce if he is categorically against it? A lawyer from the Pravosfera company will tell you about this. He will also be able to represent your interests in court if you do not want to be there yourself. To do this, you just need to issue a power of attorney and have it certified by a notary, outlining the terms of reference of the specialist. We will definitely help you achieve a positive result!
Question: My husband is categorically against divorce. He says that nothing will work out for me. He tore up the summons and said that he would never set foot in court, and if I decided to leave him, I would not get anything: neither a car, nor an apartment. What should I do?
Answer. If you decide to get a divorce and are not going to back down, go to court yourself. The husband's failure to appear cannot be a reason for refusing to divorce. As for property, put this issue on the agenda too. The court will make a decision, and the husband will be obliged to comply with it.
According to statistics, the number of divorces in Russia every year exceeds the number of marriage registrations by 5,000 cases. This happens for various reasons: fading of feelings, harmful addictions, his or her infidelity, etc. But not every family breakdown is accompanied by a mutual desire to get a divorce. Sometimes one of the spouses does not want a divorce, but the other one puts up with this outcome because he does not know his rights and capabilities. However, there is a way out of any situation! You can divorce your husband or wife without their consent.
Is it possible to get a divorce if the husband or wife is against divorce?
Most often, marriages are concluded officially. And it just so happens that a person who does not go into the details of family law is sure that divorce is possible only with the consent of the second spouse. Because of this, many couples simply “separate” without dissolving the marriage and waiting until the other party agrees. But you cannot force a person to be married against his will, so a divorce can be achieved! Only the method of dissolution of marriage depends on consent.
Divorce in court is carried out if the court determines that further life together of the spouses and the preservation of the family is impossible.
Article 22 of the Family Code of the Russian Federation
The duration of a divorce in such cases and its complexity depend on many different nuances:
- presence of children;
- obstruction of the process;
- the possibility of reconciliation;
- territorial location of spouses.
Is it possible to divorce a marriage through the registry office if the spouse disagrees?
You can get a divorce through the registry office if:
- the spouses don’t mind;
- no common children under 18 years of age;
- both spouses are capable.
If the spouse is alive, law-abiding and of sound mind, but does not want to get a divorce, then you cannot get a divorce through the registry office.
Alsou Urazaeva
Divorce through court without the consent of one of the spouses
In case of divorce through the court, the consent of the other half is not necessary. This procedure is always possible, except in the following cases:
- if the plaintiff is the husband and the wife is pregnant;
- if there is a child under 1 year old;
- if the child was stillborn, but a year has not yet passed since his birth.
Important: in case of pregnancy or the presence of a child (under 1 year), the court will not take into account the fact that the husband is not the biological father.
How to start divorce proceedings
A claim for divorce can be brought to the court at the place of residence of the other half. Only sometimes at the applicant’s address:
- if a minor child lives with the plaintiff;
- if there is a certificate of impossibility to travel due to health conditions.
Example: a wife filed for divorce, but her six-year-old son lives with her. In this case, she can file an application with the court at her place of residence. Or the applicant is a husband, but he has a broken leg (there must be a doctor’s report), then he can take the application to his place of residence.
Dmitry Melnikov
If the address of the defendant is unknown, then you can go to court at the last address where he lived.
Video: how divorce works in court
When can they get divorced in the magistrate's court?
If there are no disputes about alimony and property, the claim for divorce is filed with a magistrate, who can:
- satisfy the claim;
- adjourn the hearing for 1 month;
- refuse satisfaction.
The court cannot change jurisdiction at the request of the husband (wife). An application containing alimony requirements or division of property must be submitted to the district court.
What documents are needed to file a claim?
In order not to waste time, you need to prepare in advance:
- statement of claim (2 copies);
- plaintiff's passport;
- marriage registration certificate;
- a receipt confirming the fact of payment of the state duty (650 rubles);
- birth certificates of common minor children (copies certified by a notary are possible);
- a certificate of family composition (if children live with you);
- marriage contract (if any);
- certificates of income of both parties (if the issue of alimony is considered);
- documents on the plaintiff’s property (if the issue of division of property is considered).
If there are no children or joint property, the judge pays special attention to the completeness and accuracy of the attached documents. The court may not accept the claim for consideration if it contains serious violations. So, it must contain:
- name of the judicial authority;
- information about the plaintiff and defendant (passport details, actual address and registration, contact numbers, etc.);
- reason for divorce;
- list of applications;
- date and signature.
Features of divorce when one of the spouses does not agree to it
Each divorce has its own subtleties, which determine the further course of events and the duration of the procedure. Often everything is decided by the chosen line of behavior.
Example: the wife initiated the divorce and division of property, but the husband was against it. In the application, she wrote the reason: “They didn’t get along” and “forgot” to attach some documents. The defendant reviewed the copy of the claim and other documents. After which he filed a counterclaim indicating the reasons “Alcoholism of the spouse and violation of the terms of the marriage contract,” and also attached the necessary medical certificates and documents for property that belonged to him before marriage. The result was the satisfaction of the counterclaim. The division of property did not bring anything to the plaintiff.
Ksenia Artyushkina, lawyer
Typically, applications for divorce and division of property are filed simultaneously or both requirements are contained in one application. But if property issues concern someone else (third parties), the court may decide to consider a specific case in a separate manner. For example, the court divorces spouses, and considers the issue of division of property at a different time.
Duration of divorce registration
The duration of divorce proceedings depends on the jurisdiction. If the claim is filed in the Magistrates' Court, the first hearing date is set (30 days later). Spouses receive summonses by mail. If both agree, then in a month a court decision on divorce will be sent to the registry office.
If one is still against divorce and believes that reconciliation is possible, the judge sets a period for reconciliation (up to 3 months). If the couple does not reconcile during this time, they will be granted a divorce. But the dissenting party can gain a little more time if they have time to appeal the decision within 30 days.
In district courts, the situation is a little different; a hearing can be scheduled 2 months after the filing of the claim.
In cases where both do not come to the meeting, the marriage is considered preserved and the case is closed. If only one does not appear, the court will consider the case without him or set a new date. But if the defendant does not come three times, then the decision on divorce will be made automatically.
Divorce procedure with children
When there are small children in the family, the divorce procedure becomes somewhat more complicated. Firstly, you need more documents than under normal circumstances.
Package of documents for a child:
- birth certificate,
- confirmation of registration,
- certificate from school, etc.
Secondly, the court will take into account the interests of the child. If the parents have not reached an amicable agreement about the children and have not recorded the agreement with a notary, then the issue of their future upbringing will be considered in court.
Most often, the court sides with the mother and the children remain with her after the divorce.
Alsou Urazaeva
It is important to know that the court may separate the issue concerning the future of children into another proceeding and consider it separately from the divorce. The future of the children is also determined by the court. Many factors are taken into account when making a decision:
- material security of the parties;
- personal (moral) qualities of parents;
- the child’s attachment to one of the parents (relatives);
- conditions offered to the child in the future;
- the type of activity of the parents (working hours, etc.).
Many people believe that material well-being will play a decisive role, but this is not so.
Example: during a divorce, an 11-year-old child is left behind, the father demands that the son stay with him, since he has more money, a better apartment, an expensive car, a well-paid job, etc. The court took into account the child’s desire to stay with his mother and grandmother, the availability they have a private house (better ecology), which is located near the school. The child’s mother also provided medical evidence that her ex-husband abuses alcohol. The child remained with his mother.
Oleg Babkin
The court decision is made on the basis of a combination of factors that should provide the child with a normal upbringing and conditions for development, since the interests of the children in such cases are a priority.
Video: how to divorce spouses if he (she) does not give consent
So, it is impossible to get a divorce through the registry office without the consent of the other party. If one of you is not eager to get a divorce, the application must be submitted to the court. He will dissolve the marriage, because a person cannot be forced to be a husband or wife against his will. If there are small children in the family, then their future will also be determined by the court. In any case, they will try to set a deadline for reconciliation. There is no need to neglect it, this is additional time when you can reconsider your decisions again.
In Russia, marriage is concluded between a man and a woman only by their voluntary consent. There is no law that would oblige them to live together against their will. Therefore, spouses can divorce at any time. Even if one of them is against divorce, it will still happen sooner or later at the request of the other.
In what cases are they required to divorce by law?
The unilateral divorce procedure is regulated by the Family Code of the Russian Federation. Article 22 clearly states that a divorce will take place even if one of the spouses does not agree to it, if it is established that their further coexistence and preservation of the family is impossible.
The court will take measures to reconcile the spouses, and will even be given time to finally consider the decision. If even after this, at least one spouse refuses to continue the marriage, it will be dissolved.
The statement of claim must provide a justified reason why further life together is not possible:
- cruel treatment,
- long-term separation,
- spouse's drunkenness,
- inability to bear children,
- treason or another reason, but with a basis.
Where to apply
Only the court has the right to issue a decision on divorce if one of the spouses is against preserving the marriage.
First you need to decide which court to go to. If, in addition to the divorce itself, you need to resolve issues about who the children will live with after the divorce, or about joint property worth more than 50,000 rubles, then you will need to write a statement of claim to a city or district court. If such issues do not concern you personally, then the application is submitted to the magistrate.
As for territoriality, as a general rule, a claim is filed in the court of the locality, region or district where the defendant is registered at his place of residence. But in accordance with paragraph 4 of Article 29 of the Civil Procedure Code of the Russian Federation, it can also be accepted at the plaintiff’s place of residence, if there are reasons for this: the presence of a young child or the inability to come to this court due to poor health or for other reasons.
How the case will be handled
After accepting the application for divorce, the judge will set a date for the consideration of the case and notify the time and place of the court hearing. It is usually scheduled one month after submitting the application.
note
If both spouses did not appear at the court hearing and did not inform about the reasons for the failure to appear, the judge has the right to regard this as reconciliation and terminate the proceedings.
When considering a divorce case, ideally both spouses should be present. After all, the court will find out all the reasons for the impossibility of further family life, the circumstances that led to discord in the married couple, and listen to the arguments of both sides on this issue.
The defendant (in our case, the husband) is capable of not coming to the court hearing, but this will not be a guarantee for him of preserving the family. If the judge does not consider that his absence from the divorce proceedings is due to valid reasons, he will be able to make a decision on divorce without his consent at the first meeting. But usually the meeting is postponed for a certain period of time so that both spouses can come to the meeting room and have the opportunity to listen to the opinions of both sides.
In practice, if the judge sees even the slightest chance to save the family, and the spouse who disagrees with the divorce insists on living together, the couple is given a period of no more than three months for reconciliation. We will tell you more about the timing of divorce in.
But if it is not possible to reconcile the spouses, and at least one of them insists on divorce, the judge decides to dissolve the marriage.
Divorce without notifying the spouse
Some women, having puzzled over how to get a divorce without the consent of their spouse, resort to a trick - they get a divorce alone. Often they are led to this thought by the fear of scandals, showdowns, persuasion, intimidation and even assault.
They deliberately conceal the fact that they filed for divorce, do everything possible to ensure that court notices do not reach the recipient, regularly attend court hearings alone, and ultimately receive a divorce.
The former spouse can only come to terms with this fact and begin to build his life anew. Although those who are especially stubborn and zealously want to save the family can appeal the court decision to terminate the existence of the marriage union, annulling the fact of divorce.
But still, it is not advisable to resort to deception, but to try to resolve the issue peacefully.
Reasons for divorce without filing an application to court
The family legislation of the Russian Federation in Article 19 provides for three exceptional reasons why it is always possible to file a divorce if one of the spouses is against it. To do this, it is not necessary to write a statement of claim to the court; you can easily obtain a divorce at the registry office.
- The spouse is declared dead or missing by the court.
- There is a court decision declaring a spouse incompetent.
- The husband was convicted of committing a crime and is serving a sentence of over three years in a correctional facility.
It will be enough to draw it up and take it to the registry office at the place of residence or marriage registration.
Conditions under which a husband cannot divorce unilaterally
Russian legislation (Article 17 of the Family Code of the Russian Federation) stipulates two reasons when a husband cannot divorce unilaterally under any circumstances:
- wife's pregnancy status
- having a joint child under one year of age.
If there are such grounds, the court will not even accept the claim for divorce.
At the same time, the wife will be able to obtain a divorce without the consent of her husband in these cases. The court considers this step as a voluntary acceptance of responsibility.
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