How to get a divorce if your spouse won’t give you a divorce

Some husbands find it difficult to find a common language with their own spouse. Not to mention getting a divorce.

If a wife wants to save the marriage, she can find a hundred arguments to justify her reluctance to divorce. A categorical refusal can be justified by a feeling of love and respect, the need to take care of a child (who, of course, needs a dad), and finally, exclusively mercantile interests - in cases where after a divorce, material well-being will be jeopardized.

Is it possible for a man to get a divorce if a woman opposes it? If yes, where to file for divorce? What documents need to be collected? And what to do if there is no marriage certificate? We will talk about all this in our article.

Please note: in our previous article we told you how to divorce your husband without his consent.

Is it possible to get a divorce without the consent of the spouse?

Let us answer right away - it is quite possible to get a divorce, even without the consent of your wife. True, the law contains small restrictions, but only if a man initiates the divorce.

When is it impossible to file a divorce if your spouse is against it?

The spouse will not be able to initiate divorce proceedings if the wife...

1. pregnant;
2. raises a child up to one year old.

Therefore, only when the baby turns one year old should the spouse begin to initiate divorce proceedings.

What to do if your wife won't give you a divorce

In principle, the divorce process will still take place without the wife’s consent. It’s just that the matter will drag on, which will significantly affect both the material side of the spouse and the psychological one. If you cannot reach an amicable agreement with your spouse, then you need the help of a lawyer. And in most cases, you can only reach an agreement with your wife by giving her financial guarantees. If your wife is confident that you will pay good alimony to the children, that her career and financial situation will not change after the divorce, that she will have a place to live, then most likely she will meet you halfway. Naturally, all these guarantees must be official. After all, there are many cases where husbands promise to help children after a divorce, but in reality do not keep their promises.

How to get a divorce in the registry office if the wife’s consent is missing?

It is possible to submit an application for divorce to the registry office, but only in cases where the married couple does not have children and the decision to divorce is mutual. If these conditions are not met, the union can only be terminated in court.

Although not everything is so simple. The law provides for situations when a divorce can be filed at the registry office, even if the spouse’s consent is absent. This option can be implemented if a woman...

• recognized by the court as incompetent, deceased or missing;
• committed a criminal act for which she was sentenced to a term of 3 years or more.

If the other half is in full health and has not violated any laws, there are no grounds for ending the marriage through the registry office. This means that you won’t be able to get a divorce quickly.

In the article “Divorce in Absentia,” we talked in detail about how to get a divorce without the participation of one of the spouses.

How to get a divorce?

So, a woman objects to the divorce, which means she needs to go to the justice authorities. In practice, a number of questions arise regarding how to do this correctly.

The algorithm of actions should be as follows:

1. It is necessary to prepare a statement of claim.
2. You need to file a lawsuit.
3. Required to attend one or more court hearings.
4. We need to wait until the decision comes into force.
5. Based on a judicial act, it is required to obtain a certificate of divorce from the registry office.

Sample statement of claim:

Important! the court, in any case, will rule on divorce. If one of the spouses does not want to live as a couple, then the specified government body cannot prevent this. But the court has the right, according to the RF IC, to give time for reconciliation - several months.

The right to represent interests in a divorce matter can be transferred to a third party. For example, a qualified lawyer. To do this, you need to issue a corresponding power of attorney from a notary.

The claim must indicate:

1. Name of the court.
2. Information about the plaintiff and defendant.
3. Information about the essence of the dispute. In particular, it is necessary to describe in detail: exactly when the marriage union was formed, when the relationship ended - actually and officially, why saving the marriage is impossible. It is also necessary to indicate whether the couple has children.
4. Plaintiff's claims. In the case under consideration, it can be one thing: to dissolve the marriage.

A number of documents are attached to the claim:

• Marriage certificate.
• Birth certificates of minor children, if available.
• Receipt for payment of the duty.

The amount of the duty is determined by the Tax Code of the Russian Federation and is 600 rubles.

Attention! Justices of the peace have jurisdiction over divorce cases. The rules of jurisdiction contained in the Code of Civil Procedure of the Russian Federation indicate that the claim must be filed with the judge serving the territory of residence of the defendant, that is, the wife objecting to the divorce.

The trial takes place in several stages:

1. Preparing a case for trial or “conversation”. The judge communicates with the parties and/or their representatives, finds out the nuances of the situation, and sets a date for the court hearing.
2. Meeting. The case is being considered on its merits. That is, the judge interviews the parties, examines the evidence and makes a decision. Option: the presiding judge gives the parties time for reconciliation and sets the date for the next meeting. If the parties, or one party, already declare that they do not want to live together, then a decision on divorce is made.

How to file a divorce if there is no marriage certificate?

Often, spouses who initiate a divorce are faced with the following situation: the wife does not agree to dissolve the marriage, refuses to submit an application, and has safely hidden the marriage certificate. How to file a divorce if there is no marriage certificate?

Answer: in such cases, divorce will occur exclusively in court. Lack of evidence is not an obstacle to filing a lawsuit and dissolving the union. If a married couple does not have children together and they have nothing to share, there are no problems.

A man should contact the registry office where the marriage was registered and obtain a duplicate of the marriage certificate. And then follow the above procedure - draw up a claim and send it to the court at the place of residence of the spouse. Attach a copy of the passport, a duplicate of the certificate to the claim, and pay the state fee. Thus, the spouse’s refusal is not at all an obstacle to divorce.

Why doesn't my wife give a divorce?

Men often face this problem. Having met another woman, the husband wants to get rid of old family ties in order to marry a new passion. What if the wife does not give a divorce? Why? There are several reasons for this:

• The wife does not want to divorce her husband because she loves him and hopes to save the family;
• Concerns about the psychological comfort of children;
• A feeling of pride and selfishness prevents her from agreeing to an official divorce;
• She doesn’t want her to have the status of “divorcee”;
• If the spouses are no longer young, then the wife is afraid of loneliness;
• She does not want to lose the material and financial benefits that her husband provides her;
• He is afraid that the general business may suffer from an official divorce;
• By delaying the divorce, she simply wants to make her husband nervous.

In any case, the woman is doing the wrong thing, because if a man does not want to live with her and decides to divorce, the strain in the passport will not force him to change his decision.

Divorce procedure in court

So, an application with the above documents must be submitted to the court. The package of documents is submitted in two copies - one will remain with the judge, the second will be sent to the defendant. The court checks whether the papers are drawn up correctly, accepts the case for proceedings and schedules the first (preliminary) hearing - no earlier than a month after registering the claim in the court office. The parties must be notified of the date and location of the hearing.

During the hearing, the judge considers the claims and listens to the arguments of the parties. If the defendant is categorically against the divorce, the judge may grant time for reconciliation - usually from one to three months. If, after this time, the spouses have not reconciled and the plaintiff continues to insist on his demands, the marriage is dissolved.

The parties are given a month to appeal the decision. If everyone is satisfied with the decision and no appeal has been filed, it comes into force. If an appeal is filed, the divorce decision will come into force only after consideration of the complaint.

A court decision that has entered into legal force is far from the final stage. The husband (now ex) should obtain an extract (or a copy of the decision) from the court and provide it to the registry office. There, the information is entered into the deed book, and a divorce certificate is issued to the man and woman.

We talked more about how to file a divorce in court in this article.

Why a woman might decide to leave a marriage

Family life is a complex thing, in it two people must feel each other, trust and be able to negotiate. If your wife, for one reason or another, wants to divorce you, it means you haven’t heard her, and for a very long time. When a woman is exhausted and realizes that she can no longer and does not want to live like this, she decides to end the marriage and files for divorce.

Psychological aspects

When a man lives his own life, does not notice his other half and ignores her attempts to sort things out, then it is not surprising that she decides to divorce. Most likely, the wife has long talked about what does not suit her. When a girl does not receive support and understanding from her partner, she goes into hysterics, which means a cry from the heart. Psychological reasons why a wife decides to file for divorce:

READ

How to painlessly divorce your wife: nuances and recommendations

1. Did not get along. About 41% of marriages break up because the partners do not share views on life, everyday life, and raising children. At the beginning of a relationship, it seems that your husband can be changed, adjusted to suit you, but over time, grievances only accumulate.
2. Harmful addictions. In 13.5% of cases, women cannot stand living with a person addicted to alcohol or drugs. The husband not only behaves inappropriately, but also uses violence against his wife and creates financial difficulties.
3. Sexual incompatibility. A woman experiences constant intimate dissatisfaction due to poor-quality sex, which leads to low self-esteem and irritation.

Problems of the material plane

Every woman wants to feel protected and to see a confident man nearby who can provide for her family. Material difficulties (lack of necessities, debts, housing problems) can destroy any relationship. Mutual claims, misunderstandings and cooling of feelings arise between partners.

Against the backdrop of material problems, life becomes unbearable. It could be greatly simplified by going to a restaurant, ordering food or hiring an assistant, but instead all worries fall on fragile female shoulders.

When a husband does not strive to create comfortable conditions for his wife, the wife often decides to divorce.

Treason or betrayal

When a crisis occurs in a relationship, one of the partners may take on a lover. If a girl has someone else, new feelings can lead to a desire to separate, which the husband may not want.

READ

How to break up with your husband: advice from psychologists for all occasions

Cheating rarely leads to a stronger marriage, so in the case of a man's betrayal, the wife may want to divorce him. It is often difficult for a woman to forgive infidelity. It is possible to save a family, but only with the active participation and desire of a man.

What to prepare?

Art. 132 of the Civil Procedure Code of the Russian Federation implies the collection of a package of the following documents:

• Statement of claim (in 2 copies, since one will remain with you). A sample application will be provided to you upon request. It indicates the details of both spouses (full name, addresses), reasons for divorce (legal or factual), financial claims.
• Confirmation of the facts described in the statement of claim (for example, if there was treason, beatings, etc.)
• Receipt for payment of state duty.
• If your interests are represented by a trusted person, you will also have to submit a power of attorney certifying his powers.
• Additionally, you would have to present marriage certificates, birth certificates of children, and an extract from the house register confirming your registration. Since there is no marriage certificate in hand and there are no children together, this cannot affect the divorce process. If you divide real estate or jointly acquired property, you will have to present any evidence regarding ownership rights, value, purchase and sale agreement, purchase receipts, etc.