Paradoxically, but a fact – if two loving hearts want to legalize their relationship, agreement and presence are necessary, as evidence of the sincerity and immutability of this decision in the face of the state. The exception is a small percentage of fictitious unions or marriages contracted against the will. However, divorce without the consent of the spouse is more frequent in modern life. What can serve as a motive to file a divorce without the consent of the spouse?
First of all, it is all-consuming feelings of resentment, pain or jealousy, and when the other side becomes a source of negative experiences, it seems just necessary to divorce unilaterally.
There are cases when further marital relations between spouses for any reason become impossible.
An adequately registered marriage entails respective rights and obligations of spouses both in the area of acquiring property and raising children, and in many others, therefore, if we continue to live together again, it is advisable to terminate such a marriage to avoid further problems.
It would be reasonable to resort to the procedure of divorce.
Family law, as a general rule, allows for the dissolution of a marriage in two ways: in the registry offices or through the courts.
The exceptions are cases where the marriage is automatically terminated (the spouse commits a criminal offense, declaring him dead or absent, as well as other reasons).
It often happens that family life does not satisfy only one of the parties. As a result, this side becomes the initiator of the divorce process. The course of the divorce proceedings is determined by the presence or absence of the consent of the other spouse to divorce. If the second spouse agrees to the termination of the marriage, the divorce in the lack of other claims to each other (property disputes or disputes about children) takes place in the registry offices and takes only one month.
Divorce in court
The situation is significantly complicated when the second spouse is categorically against the divorce and does not give its consent to it. In this case, the only way out would be to apply to the court for divorce unilaterally, which is submitted by the party initiating the divorce. The legislation does not provide the commencement of the divorce process. It is possible to file for divorce anyway, and not necessarily only when the spouse performs specific actions or shows unworthy behavior.
The only limitation in this question, introduced by the Family Code, is for a man in a married couple – he cannot demand the termination of the marriage if his spouse is pregnant or the familiar child has not turned 12 months from the day of birth.
A woman, on the contrary, is allowed to act as an initiator of divorce in any case. Divorce proceedings in court are quite complicated and require positive attention because proper paperwork and compliance with other nuances will significantly save time during the operations.
To begin with, a spouse who wishes to formalize a formal divorce must be drafted and filed a claim with the court. In the cases of this category, the presence of any particular form of the statement of claim is not necessary. Therefore, the main thing will be the indication in the application of its claims, as well as other circumstances that may be relevant to the case.
Particular attention should be paid to the list of documents attached to the statement of claim.
Together with the statement of claim to the court must be sent:
• A receipt confirming the fact of payment of the state fee.
• Extract from the house management, stressing the place of residence of the second spouse.
• Marriage certificate.
The statement of claim must be sent to the Magistrates Court if there are no minor children from the marriage, as well as property claims. If there are any, the application is submitted to the district court. The Civil Procedure Code, defining the categories of cases that are subject to one or another court, governs this procedure.
When the claim is accepted for consideration, and the trial has already begun, the second spouse, who does not want a divorce, can significantly complicate the course of the case by failing to appear in court or by requesting a term for reconciliation. Indeed, the court has the right to offer the spouses up to 3 months for settlement. It is possible to avoid the deadline for reconciliation if the statement of claim states the circumstances were referring to the impossibility of agreement of the spouses.
Such conditions can be misbehavior of the spouse, abuse of alcohol, gambling, etc. These facts can be proved by both documentary evidence and using the testimony of witnesses.
The defendant’s failure to appear in court also significantly lengthens the process due to the postponements of the court session. However, if the defendant is duly notified, knows about the trial and claims of the claimant, but does not come to the court at the 3rd hearing, the claimant’s complaints will be satisfied and the marriage terminated. Thus, the law does not prohibit a divorce through the court without the consent of the other spouse, but for its production and execution, it is necessary to comply with specific procedures and conditions.
Divorce without the husband’s consent
If we talk about divorce without the husband’s permission, the spouse can divorce him when she considers it necessary and without undue restrictions on the part of the law, both during pregnancy and immediately after childbirth. However, if there is a minor child – the court has the right to set a term for a reconciliation of the parties up to 3 months. At the same time, it is necessary to present evidence with whom the child lives and with which of the parents he will remain after the divorce.
This situation allows us to make a hasty conclusion that it is not difficult to make a divorce without children unilaterally. But it is not. Professionals can help you to do everything on the internet. They will save your time, money, and nerves. Therefore do not hesitate to contact professional advocates if you need them.
Based on recent judicial practice, it should be noted that obtaining a divorce without the consent of the spouse unilaterally now requires submission to the court of evidence that the second party refuses to dissolve the marriage office in the civil registry offices voluntarily. Otherwise, the filed claim will be left without movement by the court ruling, even if at first glance it was made correctly and in compliance with all requirements. Also, an unresolved dispute regarding the division of common property acquired during a marriage can be a complicating factor.
Where to hold a divorce without the consent of the spouse?
Divorce without the consent of the wife/husband is carried out in the civil registry offices regardless of the presence of minor children if the spouse was declared incapable by the court or missing. In other cases, the divorce without the consent of the spouse can only be obtained in court, while submitting the necessary documents.