Can I divorce without my husband's consent? Advice of a lawyer
During the registration of marriage, all newlywedshappy and in love, but after some time the boat of family relations can leak, and in order not to torment each other, the couple decide to divorce. However, life is unpredictable, and when a woman already decides to divorce, it often turns out that her husband is against divorce. Can I divorce without my husband's consent?
What does the law say?
If we turn to the Family Code of the Russian Federation andread article 21, it becomes clear that a divorce without the approval of one of the spouses is possible only in the courtroom. Article 21 of the Criminal Code of the Russian Federation also states that a wife can bring an action in court also in the event that the spouse seems not to be against divorce, but does not seek to file an application with the registry office.
It's no secret that in the Russian legislationDivorce proceedings without the consent of the spouses are possible only in the courtroom. However, there are exceptions to any rule, therefore, even in the Constitution of the Russian Federation there are special cases of divorce. Can I divorce without my husband's consent? In special cases, the law provides for a divorce without mutual consent through the registry office.
Under what circumstances the spouse can get a divorce in the registry office?
- In the event that a man was found guilty ofcommitting a crime and he is serving a sentence in a penal colony (the total term of imprisonment must be more than 3 years). It is worth considering that the conditional sentence of the spouse is not a valid reason for the divorce in the registry office, and divorce under the conditional term is carried out in court.
- Recognition of a spouse as an incapacitated citizencan help a woman divorce in a registry office. In order for the spouse to be able to apply to the registry office, she must have in her hands a court decision that came into force on recognizing her husband as incompetent.
- The wife will be able to apply for divorce to the registry office in the event that her husband is officially recognized as missing.
What do you need to do when applying to the registry office?
Can I divorce without my husband's consent atappeal to the registry office? If the situation of a woman falls under one of the above exceptions, she can safely collect documents for the termination of the family in the registry office. First, the wife should contact the registry office at the place of residence of one of the married couple or at the place of marriage. In order for the divorce to take place, the woman must fill out all the boxes of the application available in the registration authorities.
The application states:
- Information about both spouses.For the divorce it is necessary to indicate the name. participants in the divorce proceedings, date and place of birth of spouses, their citizenship, place of residence. It is worth noting that in the event that the present residence of the husband is unknown, the spouse must indicate the last address that she knows. In addition to this information, the woman can indicate information about education, nationality or the number of underage children at her request.
- In addition to the statement, a woman must submitgood reasons for divorce without the consent of the spouse, data of the marriage registration act, andto adjudge a court decision on recognizing a husband incapacitated, untimely absent or convicted. In case of incapacity of the spouse, the wife must also provide contact information to the guardian, and in case of his / her stay in places of deprivation of liberty it is necessary to indicate the exact address of the correctional institution.
- In addition, a woman must decide in advance whether she /What is her name after the divorce?, and also to provide your passport and a receipt for payment of state duty.
After providing all the documentation andthe correct filling of all graphs of applications to authorized employees of the registry office is given exactly 30 days for divorce. In this case, exactly 1 month for the official procedure for the dissolution of marriage in the registry office must appear spouse personally. As soon as the registry office decides to divorce, the wife must obtain a certificate of divorce. A clear photocopy of the woman must send by mail to the former spouse at his last place of registration.
It is worth noting that a positive answer to the question"Can I divorce without the husband's consent in the registry office?" a woman can receive only if she and her husband have no disagreement regarding the residence and education of common children, as well as property and other disputes.
Divorce in court
On the question "Can I divorce without the consent of my husbandif there are no children? ", the Russian law responds positively, but to start the divorce process, the wife must apply to the court chambers and draw up a statement of claim.
It should be noted that the correctness of the compilationThe speed of the divorce proceedings depends on the claim, as well as a positive decision in the court session. In the lawsuit, the spouse must indicate the reason for the dissolution of the marriage, the legal grounds for its dissolution unilaterally, as well as the resolution of property and housing disputes.
In addition to the statement of claim, the plaintiff must submit the following documents:
- Original certificate of marriage.
- Check on payment of state fee.
- The attorney of the plaintiff, provided that the lawyer will represent her interests in court.
It should be noted that the list of documentation ismandatory, but in some cases when filing a claim from the plaintiff may require other documents. The claim must be submitted to the court of law at the place of residence of the defendant. The judge may also resolve disputes over jointly acquired property, in the event that the total amount of the property does not exceed 100,000 rubles.
Possible outcome of litigation
After consideration of the statement of claim the judge can take one of 3 decisions:
- Satisfy the claim and divorce the couple.
- Postpone consideration for 3 months and allow the spouses to reconcile.
- Refuse to the plaintiff in satisfaction of the claim.
It is worth noting that if a man and a woman reconcile in the time allotted to them, the divorce does not occur. If after 3 months the spouse continues to insist on divorce, the marriage is terminated.
Continuation of the epic
A few days after the trialthe plaintiff will be given a copy of the court's decision on divorce. However, this document comes into force only 30 days after its compilation. And even then the marriage between the spouses is not considered to be dissolved, because for the official dissolution of the marriage, the plaintiff should apply to the registry office and make changes in the civil status book.
How to file for divorce, being pregnant or having underage children?
With childless married couples, it is more or less clear, but what about pregnant wives or those couples who have underage children?
Can I divorce a pregnant woman without my husband's consent?
In the Russian legislation there is not a word about how,that the pregnant wife is obliged to have the consent of the spouse for divorce. If a woman is in a position, and her husband is against divorce, then the dissolution of marital relations by law occurs on general grounds. In addition to the main question - is it possible to divorce without the husband's consent while pregnant, the spouse must still decide on the recovery of alimony from her ex-husband. A pregnant wife is supposed to have alimony not only for the maintenance of a future child, but also for her maintenance.
Can I divorce without my husband's consent, if anychild? A little different is the situation with married couples who have underage children, because most often the judge tries to keep the family, therefore, without a 3-month period for reconciliation is not complete. In addition, the spouses need to resolve all issues related to the living, content and education of common children.
Can I divorce without my husband's consent in Belarus?
The Family Code clearly states thatdivorce is possible only in court, and divorce can be made either in general or in a special order. Under a special order of dissolution of marriage is understood that the court does not give spouses time for reconciliation and divorce them immediately.
During the wedding ceremony,that their marriage will last forever, but no one knows how to form a family life in fact. Often a woman gets tired of family quarrels and troubles, betray her husband, misunderstandings or assault and decides to divorce.
However, not every spouse agrees calmly andcivilized divorce, so a woman faces the question: can you divorce without the consent of her husband? Women should not panic ahead of time and despair, because although marriages are made in heaven, they are dissolved on the ground. As can be seen from the above, the answer to the question "Can I divorce without my husband's consent?" is obvious. Any woman will be able to dissolve the marriage without the consent of the spouse, but she will have to apply to either the registry office or the court.