Divorce without the presence of one of the spouses and divorce without the consent of one of the spouses are legal terms. A divorce that goes unnoticed for one of the spouses is not described by law, but it is still possible.
Instructions
Step 1
Divorce without the presence of one of the spouses can be carried out both in court and at the registry office. A marriage with minor children and property claims is terminated in court. Otherwise, a divorce can be carried out in the registry office, by mutual agreement. The presence of one of the spouses is mandatory, while the other can be replaced by a legal representative or an application for divorce with notarized signatures of both spouses.
Step 2
Divorce without the consent of one of the spouses or, legally, unilateral divorce is carried out exclusively by the court. The fundamental disagreement of one of the spouses to divorce is a widespread phenomenon in judicial practice. The legal basis for divorce is the unwillingness of one of the spouses to be married. The exception is marriages where the wife is pregnant or has a child under 1 year old. In this case, the husband has no right to obtain a divorce unilaterally. But the wife is not limited in this right.
Step 3
A divorce process carried out without the consent of one of the spouses easily turns into a process carried out without his knowledge. In the case when one of the spouses fails to appear in court three times for no good reason, without providing an explanatory note, the marriage is terminated. It does not matter whether this party was informed about the place and time of the court session. If such an incident took place, the court's decision on the so-called automatic divorce can be appealed within 7 days. It is important to remember that in an effort to obtain a secret divorce from another spouse, you will have to give up any property claims. Whereas the other party, upon detection of fraud, will have the right to present them at the time established by law.
Step 4
The reasons why an unknowing divorce is desirable may vary. Elementary is the fear of violence, aggression from the rejected half. An exception is the fact of recognition by the court of one of the spouses as missing. After the expiry of the statutory period, divorce can be carried out at the request of the party present. The situation is almost the same with persons who are in places of deprivation of liberty, with the exception of the terms established by law. Such a marriage is dissolved, regardless of the length of the imprisonment, at will. It is important to remember that in an effort to obtain a secret divorce from another spouse, you will have to give up any property claims.
Step 5
About 95% of divorce cases have a positive solution. The days when serious, compelling reasons were required for a divorce are over. Now the emotional discomfort of one of the spouses is quite enough. The wording of the reasons specified in the law is rather arbitrary. In fact, the court takes into account only the unwillingness of one or both spouses to continue family life. Factors such as the presence of a property issue, minor children can complicate and delay the process, but in the end, it usually ends with the annulment of the marriage.
