Divorce without the consent of a husband or wife is a situation that often happens in modern life. What is the reason for unilateral divorce? First of all, these are feelings of pain, jealousy or resentment, which are caused by the negative behavior of the spouse. If such a serious decision is carefully considered and made without hesitation, one does not want to create conditions for the next mutual reproaches and unnecessary explanations.
Necessary
- Package of documents:
- - original marriage certificate;
- - the statement of claim by the spouse - the initiator of the divorce;
- - an extract from the defendant's house book;
- - copies of the child's birth certificate;
- - a receipt for payment of the state duty.
Instructions
Step 1
Divorce without the consent of the wife is analogous to the situation of dissolution of a marriage without the consent of the husband. If a mutual compromise on the continuation of the relationship is not reached peacefully, and the "other half" categorically refuses to dissolve the marriage in the registry office, it remains to carry out the termination procedure in court without her consent.
Step 2
However, it should be remembered that during a divorce without the consent of the wife, there are some difficulties that limit the rights of the initiator of the dissolution of the marriage - the ex-husband. For example, the law imposes a restriction on divorce from a pregnant woman, as well as for a period of 1 year after the birth of a common child. If there are no children, there are no limiting factors, except for individual cases.
Step 3
As for the dissolution of marriage without the consent of her husband, a woman can divorce him when she considers it necessary, and without significant restrictions on this from the law. The wife has the right to file for divorce both during pregnancy and immediately after childbirth. However, if there is a minor child in the family, the court can set a period for reconciliation of both parties up to 3 months. In this case, evidence should be provided with whom the child actually lives and with which of the parents he will be after the divorce. One of the parents will have the opportunity to visit the child on the days and times established by the court, and the second - to live with him and raise him constantly.
Step 4
Divorce without the consent of the husband or wife is carried out in the registry office, regardless of the presence of minor children, if one of the spouses was recognized by the court as incompetent or missing, or if he was convicted of a crime and imprisoned for at least 3 years. In other cases, a divorce without the consent of the wife or husband can be obtained only in court, presenting the necessary documents.
