Separation without the consent of a wife is impossible:
- During her pregnancy
- During the year after the birth of the child (even if the child was born dead or died before the year) the husband is not entitled to file for divorce. After the end of this period, it is already possible to file for divorce.
Divorce through the registry office without the consent of a wife can be possible in two cases:
1. By a joint statement of spouses who have no children.
If the wife does not agree to file a joint application, divorce through the registry office is out of the question. After all, the dissolution of a marriage, as well as its conclusion, is a matter of mutual desire;
2. Unilaterally, regardless of the wife’s consent.
This option is possible only if the wife is recognized to be damaged, dead or missing, and also if the wife is convicted of imprisonment for more than three years. If the wife is alive, healthy and law-abiding, the husband has no grounds for submitting a single statement to the registry office.
Therefore, a divorce through the registry office is not possible.
If divorce through the registry office fails – the wife does not consent to the divorce or refuses to conduct the divorce procedure, and there are no grounds for unilateral divorce. We’ll have to file for a divorce in court. Consider the process procedure. But first, try to understand the woman and the reasons for her unwillingness to divorce. Perhaps you can negotiate with her in this case:
- A world court considers divorce cases. But if the divorce proceedings are complicated by disputes about children or property, it is found by the district court.
- According to the rules of territorial jurisdiction, it is necessary to file for divorce in court at the place of residence of the defendant. There is no problem if the husband and wife live together. But if the wife lives separately, the husband will have to find out the exact place of residence and file documents with the appropriate judicial authority.
What documents are needed for a divorce?
First of all, you need an adequately drafted claim for divorce. The further course of the case and the result of its consideration depends on how legally competently, convincingly and reliably an application is made.
The statement of claim consists of three main parts.
The first is a formal one, containing the name of the court, the last name, first name, and patronymic of the spouses, the dates of their birth, the addresses of their residence, and data about the children.
The second part is descriptive: when the marriage was concluded, how are the family affairs at present, for what reasons should the marriage be dissolved, the evidence and arguments of the husband’s position. It is necessary to indicate that the wife does not consent to the divorce. Therefore the husband is forced to go to court. You should also show how the issue with the children and the property of the spouses will be resolved.
The third part is an appeal, and it contains a request for a divorce from the norms of the law.
The claim ends with a signature and an indication of the date of preparation.
An integral part of the statement of claim is the annex to it:
• copy of the report of claim with documents for the wife;
• Marriage certificate;
• photograph of the passport (or other materials);
• copies of birth certificates of children;
• other documents confirming the circumstances of the case (for example, income certificates, characteristics);
• receipt of payment of duty.
The statement of claim with applications is submitted to the court, and a copy of it is sent to the wife. If the documents are drawn up correctly, the court accepts them in clerical work and considers them within one month from the date of submission. The date and time of the first court session spouses notified summons.
At the court hearing, the materials of the case are considered, the arguments of the spouses are heard. As a rule, the categorical disagreement of the wife with a divorce is the basis for the appointment of a reconciliatory term – from 1 to 3 months. If, after the completion of this period, the court finds that the preservation of the family is impossible, a decision is made about the divorce.
If the spouses do not appeal against the court decision within one month, it enters into force. To complete the divorce procedure, an extract from the court decision must be filed with the civil registry office and information on the divorce should be entered in the public registry books.
As you can see, the court dissolves the marriage even in the absence of the wife’s consent. It takes from 2 to 5 months from the moment of applying the receipt of the certificate of divorce.
However, a wife who disagrees with a divorce may affect the length of the trial. Failure to appear at the court hearing, request for a deadline for conciliation, appeal of a court decision can delay the divorce proceedings for several months.
To avoid the appointment of a reconciliatory term, the statement of claim should refer to circumstances where reconciliation is impossible: immoral behavior, bad habits of the wife. You can prove these circumstances with the help of documents or testimony.
It is necessary to notify a wife about the date and time of the session to prevent the postponement of the trial due to the non-appearance of the wife.
In our time, society has begun to treat divorces much easier. In this article, you could learn how to correctly and adequately divorce your wife. However, it should not be forgotten that the laws are constantly changing and some data may have become outdated.