I want to leave: how to divorce without the consent of one of the spouses
It often happens that a man and a woman understand that they have completely different ideas about a happy family life, only after several years of marriage. What follows is easy to guess. Divorce. However, not always both spouses are eager to divorce. There are often situations where a husband or wife does not give permission for his second half to divorce. But this does not mean that you will have to spend the rest of your life being married. The law provides for a divorce without the consent of one of the spouses. True, it will take more time and your nerves too.
So,if one of the spouses does not agree to divorce, then the marriage will have to be terminated in courtregardless of whether there are children in the family or not, there are property claims or not.The lawsuit is filed at the place of residence of the defendant, that is, the one who does not give permission for divorce. If a citizen who does not agree to divorce lives in another city, and in the hands of the claimant, that is, on whose initiative the divorce proceedings will take place, have a child or he is unable to go to another city for health reasons, then a lawsuit can be filed the claimant’s place of residence.
If spouses who have no children are divorced, the court will simply give them time for reconciliation - from one to three months. After this period, the court divorces the married man and woman, despite the fact that one of them opposes the dissolution of the marriage. There is one nuance.A man will not be able to get a one-sided divorce from his wife without her consent if she is expecting a child or has a child under one year of age.
If the spouses have children, the divorce procedure may be delayed if questions about the amount of alimony are decided, about who the parents will live with after the divorce.
However, there are cases where for divorce without the consent of one of the spouses it is not necessary to file a lawsuit in court. The law provides for divorce unilaterally,if one of the spouses is serving a criminal sentence of three years, if he is recognized as incapable by the court or missing.
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