Surviving a divorce due to his wife's infidelity: the rights of a deceived spouse

The wife filed for divorce, what should the husband do: time for reconciliation, divorce on favorable terms

Divorce is a sad situation that can unfortunately happen in the life of every person. In the system of established patriarchal foundations, even in modern Russia, very often the initiator of divorce is a man. But sometimes such situations occur in the life of a married couple that the woman becomes the initiator of divorce. Women usually try by all means to save a marriage, but there are actions after which a woman gives up and is forced to give up trying to save the family.

So what should a man do if his wife has filed for divorce? How to delay a divorce if the husband does not want to get a divorce? How can a man bargain for time for forgiveness?

The answers to all these questions will be presented below.

Features of divorce if the application is filed by the wife

Despite women's emancipation and significant equal rights with men, representatives of the fairer sex have certain advantages over men. The law absolutely does not restrict women's rights during divorce. For example, if a husband decides to file for divorce, but his wife gave birth within a year or is currently pregnant, then he will not be able to obtain a divorce proceeding. A woman has a more expanded range of rights. She has the right to end a relationship that is burdensome to her, even when she has a newborn child in her arms or is pregnant.

What documents does a wife need to get a divorce?

To file for divorce, a woman must collect the following package of documents:

1. The original version of the document confirming the conclusion of the present marriage.

2. Photocopy of your identity card (passport).

3. A photocopy of the birth certificate of your child or children (if any).

4. Extract from the house register.

5. Photocopy of the paid state duty.

6. A complete list of documents that was attached to the divorce application.

Reasons for divorce: few percent

For a woman in any era, including in our time, the main value in life will be family. Yes, we are structured this way and we will do everything to preserve it. Eliminate mistresses, become a breadwinner, raise children yourself, solve all your husband’s problems. We accumulate all the negativity inside like a snowball, and if a woman wants to get a divorce, you have really made a lot of mistakes.

Here are just the most popular reasons why a wife may file for divorce:

6.5% of women are not ready for family life. There are fewer of them than men, but they also exist;
7% have a lover and want to connect their lives with him;
8% could not stand their husband’s betrayal;
13.5 could not stand their spouse’s alcohol or drug addiction;
41% did not agree with their husband’s character;
24% other reasons are purely individual.

My wife filed for divorce, what should my husband do?

A man should discuss the terms of the divorce one-on-one with his wife. Spouses must decide whether they have any claims against each other regarding property or children. Having discussed the state of affairs in advance, those divorcing will not get on their own and each other’s nerves just like that.

If the husband does not want a divorce, then he can try to convince his wife verbally, ask her to withdraw the divorce application. The main problem is that a wife can divorce her husband even when he is not present at the official court hearing. That is why he needs to try to resolve the issue peacefully and without conflict. The husband can also ask for a deferment from the court, but it is given under the weight of more weighty arguments.

What a husband shouldn't do

Whatever the relationship between the spouses during the divorce process, it is important to understand what the husband should definitely not do:

without good reason, fail to appear in response to notices and summonses at court hearings to hear a divorce case. Within the period established by law, the judge will be able to make a decision without the appearance of the defendant. If you disagree with your wife’s decision to divorce, the best option would be to appear in court and ask for a period for reconciliation between the parties. If the spouse wishes to dissolve the marriage, then it is all the more necessary to appear at the trial in order to expedite the consideration of the case,
change the place of registration or the address of the actual place of residence without proper notification of the judicial authority and the spouse. Failure to receive court notices by the defendant is not a reason for refusing to satisfy the spouse's demands for divorce. Moreover, if in case of failure of the defendant to appear, the judge makes a decision in absentia, which can be canceled within the period established by the civil procedural legislation of the Russian Federation, then if court correspondence about the summons to the court hearing is not received, the defendant is assigned a lawyer in accordance with Art. 51 Code of Civil Procedure of the Russian Federation. In this case, the procedure for appealing a court decision becomes more complicated,
hide property due to reluctance to divide it in court or hide information about income due to the hope of avoiding paying alimony in favor of minor children or a spouse. In this case, the court may collect alimony as a percentage of average earnings.

For a spouse who does not want the divorce to take place, there is only one correct way out: to try to make peace with his wife.

Only in this case is there hope that she will either withdraw her statement of claim, or the court itself will refuse to satisfy the plaintiff’s demands for divorce.

How can you prove during a divorce that the apartment was purchased with your parents’ money?

If there are children

If a married couple has a child or several children together, then divorce is possible only through the court (with some exceptions). Divorce through the court occurs only in order to protect minor children by administrative legislation.

The judge must make sure that the parent with whom the child remains will not use him as bait or a way to get money. Very often, father and mother try to lure the child exclusively to their side. This should not be done so as not to harm the fragile child’s psyche. Otherwise, the court may intervene in this difficult situation and try to resolve it painlessly for the child.

However, a divorce, regardless of the children and their age, is possible in situations where the spouse:

declared missing;
fell ill with a mental or other serious illness due to which he lost his legal capacity;
imprisoned for more than three years.

Attempt at reconciliation

petitions for a period for reconciliation of spouses free of charge in word format

The court has the right, either at the request of a party (in this case the spouse), or at its own discretion, to set a period for reconciliation for divorcing spouses. In accordance with the Family Law of the Russian Federation, this period cannot exceed three months.

If the spouse does not agree to divorce, he has the right to petition the court for a conciliation period orally or in writing.

In practice, the best option would be to submit the document in writing, which will include all the necessary information:

reasons for family discord
facts in favor of the fact that divorce in this case is a rash decision of the spouse, and the marriage can be saved,
the deadline that must be provided, as well as its justification.

If necessary, you can add any information to the application.

If there are any facts of a personal and intimate nature that require disclosure in the courtroom, then one of the parties or both parties have the right to petition the judge for a closed trial.

ATTENTION! Look at the completed sample petition for a period for reconciliation of spouses:

Who will the children stay with?

Such a delicate moment as “dividing a child” should happen as smoothly and confidentially as possible. Parents in this situation must decide for themselves who the child will stay with. It is also necessary to take into account the child’s opinion so as not to infringe on his rights.

However, there are situations in which parents cannot adequately approach this issue. In the event of a conflict situation, a decision on this issue is made by the court. The court tries to resolve the situation as independently as possible and understand with whom the child will be better off.

Both magistrates and federal judges deal with issues of divorce in the presence of common minor children. This hearing is in the nature of a civil trial. The parents in it occupy the following position: the plaintiff is the one who filed the application for divorce, and the defendant is the one to whom this application is addressed.

With the help of civil proceedings, the court adequately evaluates both parents and decides with whom the child will be better off. Most often, the decision is made in favor of the mother. A decision in favor of the father is made in very extreme situations, for example: alcoholism, drug addiction of the mother, gambling addiction.

If the spouses do not have any disagreements about who the child will live with, then the divorce is made through a magistrate. In this case, the judge is convinced that there is no conflict and makes a verdict that there is no violation of the rights and freedoms of minor children.

Once convinced of the legality and non-conflict, the court divorces the spouses on their terms.

When to agree to divorce

Some mistakes, unfortunately, cannot be corrected.

You will have to let go of your beloved if you have even once raised your hand to her. No wife with minimal self-respect wants to be beaten and constantly fear for her life and health. Let go and never do this again.

Your reluctance or inability to have children. Every woman is first and foremost a mother, and women’s fertile age is quite limited. Give her the opportunity to realize herself in motherhood with someone else or do everything to have children.

Your constant betrayals. Once your wife will forgive and understand, but she will not permanently share you with other women. Or he will grow cold and get another man. This is no longer a family. Well, if you have a permanent mistress and you live in two families, don’t be surprised if your other half wants to get a divorce: she endured and fought a war for a long time, but she’s just tired.

Your jealousy is without reason. Especially if it is accompanied by aggression. Living with your husband is incredibly difficult, because no one can be under control all the time. Naturally, she wants to run away.

And further. If a wife says she wants a divorce, but stalls for time or does not file for divorce, this is simply manipulation. Here you can try to talk about what she really wants and look for compromises. And you can solve the rest of the problems and you can also eliminate the reasons.

Alimony

Alimony is paid by the spouse who does not live with the child, directly to the child or to his legal representative (former spouse). They can be established either voluntarily by mutual consent of the parents or directly through the court.

If the father of the child does not want or cannot pay alimony of his own free will, then the mother is obliged to go to court. For the mother of a child who demands child support, the father's employer is required to provide a certificate of his income. The mother should only demand the original of the writ of execution; if she receives a copy, she has the right to demand the original. After receiving the writ of execution, it is necessary to calculate and withhold alimony. This is usually done by the court. For one child, one-fourth of the father’s income is withheld; for two children, one-third is withheld.

From what payments is alimony withheld?

Alimony may be deducted from an employee's wages, bonuses, vacation pay, rent received, and dividends.

What payments cannot be withheld from alimony?

Alimony cannot be withheld only from money paid as compensation.

Position designation

petitions for consideration of a case in the absence of the defendant free of charge in word format

After the court accepts a statement of claim for divorce, the defendant, in this case the spouse, is sent a notice of the time and place of the conversation, as well as a copy of the statement of claim.

If the spouse agrees with the divorce, then it is necessary to appear in court or send a written petition with a request to consider the case in his absence. If you do not take any action and simply ignore court notices and summonses, the process may drag on.

It is also worth remembering that if you do not agree to a divorce, you must appear in person in court and submit a reasoned request for a period for reconciliation.

Evasion without good reason from appearing at a court hearing does not entail consideration of the case in favor of the defendant.

Communication with children

The procedure for communication between a child and a parent who does not live with him is established on a strictly individual basis. In an ideal situation, the mother does not prohibit communication with the child and the father spending weekends with him. However, there are situations when the mother prevents the child from communicating with the father.

What to do in this difficult situation?

In this case, it is better for the father to go to court to defend his right to communicate with the child. The court considers this situation individually and makes an individual decision.

A special schedule must be drawn up, which will spell out:

1. Allow the father to call the child via video and audio in his free time.

2. Give the father the opportunity to pick up the child from school, sections, and individual lessons.

3. Allow the father to spend weekends and holidays with the child.