How to delay a divorce in court if one of the spouses does not want to dissolve the marriage

How to prevent your wife (husband) from divorcing your marriage

In cases where the divorce occurs unilaterally, Themis takes over the matter. And even if one of the family members does not want to separate and ignores court hearings, the judge will still dissolve the union. But the defendant may try to prevent his spouse from breaking off the family relationship.

The law provides for cases when a man does not have the right to divorce:

if the spouse is pregnant;
until the child is one year old;
if the child is killed or dies during childbirth, the husband also cannot initiate a divorce for a year.

Of course, in order to keep her husband, a woman can try to get pregnant and give birth to a baby. But what should a man do who doesn’t want to break up?

First, you can try to correct the situation. And solve the problem that caused the divorce petition. This could be the financial side of the issue or the revival of relationships.

Expert opinion

Irina Vasilyeva

Civil law expert

The court does not immediately divorce spouses. They are given time to reconcile. And during this period it is quite possible to change the situation in your favor.

If this does not help, you will need the help of a lawyer. A competent lawyer will be able to influence the judge to give a longer period for reconciliation.

The presence of children is a serious reason for a judge to refuse to terminate a family relationship. If there are disagreements between spouses regarding the issues of living with children and raising them, a divorce certificate will be issued only if the disputes are resolved.

How to persuade your husband to divorce

If the husband is categorically against divorce, you can try to convince him by proving the impossibility of restoring normal marital relations.

It is necessary to set out in detail and with reason the reasons that prompted the wife to divorce. Sometimes it doesn’t seem obvious to a man that a woman is not happy with something in her family life, especially if she doesn’t directly talk about it. But many women prefer to endure hardships for a long time, without saying a word to their husband, and then, when the cup of patience is overflowing, declare the impossibility of continuing to live with him.

If the husband is committed to dialogue and is ready to participate constructively in it, then it is worth discussing with him the reasons for the divorce, the family problems that have arisen, and discussing the terms regarding children, property and alimony.

How to drag out a divorce in court

But, according to the law, it is impossible not to grant a divorce to a husband or wife. Themis will sooner or later dissolve the union. The only option is to try to gain time by delaying the divorce procedure for reconciliation.

The easiest way is to ask the court for a postponement. According to Russian law, either party has the right to ask for additional time for reconciliation.

And Themis is obliged to satisfy this request. True, you will first need to convince the judge that the opportunity to save the marriage still remains.

The maximum period given to resolve the conflict is three months.

The second method is absence from the court hearing for a valid reason. For example, you can go to the hospital or go on a long business trip. If there are such circumstances, you can submit a petition to the court to postpone the court hearing.

The application must be based on valid reasons. Therefore, you will have to attach evidence in the form of sick leave, travel leave, and so on.

You can also try the option of failing to appear in court without reason. True, such a trick will only work twice. At the third meeting, the couple will still be divorced, but without the presence of the defendant. Delaying the process in this way is only possible for 2-3 weeks, depending on the workload of the court.

You can use so-called procedural methods. For example, file a counterclaim, demanding division of property, challenge the residence of minor children, and so on. You can even request a paternity test. Such disputes significantly delay the moment of decision-making.

You can also require witnesses to be present at the hearing. The main thing is to prove this necessity to the judge. In this case, witnesses may simply not appear at the meeting, and this will be another reason to delay the decision. True, this method will only work once, since according to the law, witnesses are not required for a divorce in court and the union can be dissolved without them.

How to get a divorce against your husband's will

If you cannot come to an agreement with your husband and discuss the details of the divorce, discuss the nuances of the division of property, determine the order of living with children and issues of their maintenance, you need to act decisively.

Send a letter to your spouse stating your decision to divorce him, attach to the letter drafts of the statement of claim and agreements on property, children and alimony. If the statement of claim is not ready at the time the letter is sent, then there is nothing to worry about. All the same, the court is obliged to notify the spouse as a defendant in divorce proceedings about the claim against him and send him the case materials for review.
Send your spouse a package of divorce documents without attaching a letter or explanatory document. It is best to use postal services by issuing a registered letter with an inventory. This will help prove later in court that the spouse was aware of his wife’s intention to divorce him in advance.
Conclude a service agreement with a divorce specialist. This could be a family lawyer or a private lawyer specializing in family and marital conflicts. An attorney or lawyer will act as the wife's representative at all stages of the divorce. In accordance with the terms of the agreement and the subject of the notarized power of attorney, he will conduct negotiations or correspondence with the trustee’s spouse, participate in court hearings, prepare documents, and send requests. This method will require money, but will save time and not spoil your nerves.

In what cases does the court postpone divorce?

To dissolve a marriage unilaterally through the court, the application must clearly indicate the reasons why cohabitation is no longer possible. Otherwise, Themis may suspend the divorce process, giving the spouses time for reconciliation. Thus, the hearing of the case is postponed for 3 months.

Themis also postpones making a decision if one of the spouses does not come to the meeting for some reason.

Themis will not give the go-ahead for an instant divorce if there is a minor child in the family, and the parents cannot agree on his upbringing and alimony.

An appeal filed by a spouse in response to a petition for divorce can also delay the decision.

Divorce without the consent of the second spouse

Termination of family relationships without mutual consent is possible only through the court. But there are exceptions in which a unilateral divorce from a dissenting partner occurs in the registry office:

A spouse who does not consent to divorce is officially considered legally incompetent;
A spouse who opposes divorce is imprisoned for a long term (more than three years).

In case of unilateral divorce, the initiator contacts the registry office employee with an application for divorce, filled out in form No. 9, where he indicates the personal data of both partners, as well as the basis for divorce. The application must be accompanied by a copy of the court decision on the incapacity of the spouse or the court sentence on his imprisonment, as well as the applicant’s passport, a receipt of paid state duty and a marriage certificate. After 30 days, the applicant must appear at the registry office for a divorce certificate.

Application for divorce - form No. 9

Sample Application for Divorce - Form No. 9

In all other cases, divorce without the consent of one of the spouses occurs in court. The court is obliged to divorce the couple if, during the time allotted by the judge for reconciliation of the parties, the partner has not changed his mind and continues to insist on ending the marriage relationship.

The only exception is the refusal of a divorce by a woman who has recently given birth or who is pregnant.

The initiator of divorce must competently draw up a statement of claim for divorce. It must contain the following information: last name, first name, patronymic of each spouse, their residential address, a description of the reason for the divorce, data on the marriage certificate, the last names that the spouses will bear after the divorce, a list of financial claims and a wish regarding the future place of residence of the children. The full name of the court branch where the application is being filed is written in the header of the divorce application.

Statement of claim to court for divorce

Statement of claim to the court for divorce and collection of alimony for child support

The following documents must be attached to the claim:

A copy of the statement of claim;
Marriage certificate, copy and original;
Receipt of paid state duty;
Extract from the house register;
A copy of the applicant's passport;
Children's birth certificates;
Information about joint property;
Other documents that may influence the court decision.

All collected papers must be submitted at the defendant’s place of residence. But, if the initiator of the divorce has health problems, or a small child lives with him, documents can be submitted to the court at the applicant’s address.

How to get a divorce without your husband's consent?

Divorce without the consent of the husband unilaterally occurs according to the standard scheme: the wife files a lawsuit for divorce and prepares the necessary package of documents, which she then submits to the court. The court checks the correctness of the statement of claim, as well as the availability of documents attached to it. The legal process for divorce begins; the spouses will be notified of the date of the hearing by summons. At the court hearing, the arguments of both partners are heard and the details of the case are considered.

Be prepared for the fact that when the husband is against the divorce, he can hinder the process in every possible way - not come to court hearings, ask the judge to provide time for reconciliation, or challenge the court decision on divorce by filing an appeal.

If the husband expresses categorical disagreement with the divorce at the hearing, the court, at its discretion, sets a period for reconciliation of the parties, from 1 to 3 months. After this period, the judge makes a decision on divorce, unless the spouses change their minds. To complete the divorce procedure, the couple will need to appear with the court order at the registry office and pick up the divorce certificate.

In order to speed up a divorce without the consent of the husband, the wife can indicate in the statement of claim the reasons why the court setting a period for reconciliation of the parties is not relevant: the husband’s bad habits, his offensive or immoral behavior, the use of violence against his wife or children. It is advisable to support these words with evidence. Documentary evidence, eyewitness accounts, photographs, photographs of beatings, and doctor’s certificates are suitable.

Divorce without wife's consent

If the wife does not give a divorce, then you can also divorce her without her consent unilaterally. She will not be able to prevent the divorce, even if she ignores court hearings. After her third absence without a good reason, the divorce will still take place.

The only exception is the disagreement to divorce of a woman who has recently given birth or is pregnant. In this case, the marriage will not be dissolved until the baby is one year old. This rule applies only to situations where the initiator of the divorce is a man. If a pregnant or recently given birth woman wants to get a divorce, the court will satisfy her request.

How to stop divorce proceedings

There are cases when the time given by Themis for reconciliation is not wasted, and the spouses decide to try to save the family.
Then there is a need to stop the divorce process. The easiest way is to write an objection document. It contains the following points:

Date of filing of the divorce petition.
The reason why the spouses decided to withdraw the previously written petition was the desire to save the family.

After filing an objection, the court will issue a ruling on setting a day for consideration of this issue. Both spouses are required to appear at the meeting. This is necessary in order to confirm that both husband and wife are truly ready to continue living together.

The court then makes a decision to either uphold the objection or reject it. Most often, Themis advocates preserving the family, so such issues are resolved positively.

Expert opinion

Irina Vasilyeva

Civil law expert

But it also happens that the spouses change their minds after the judge has rendered a verdict - to dissolve the marriage. In this case, they have 10 days to write a cassation or appeal to overturn Themis’ decision.

Moreover, this petition must be signed by both spouses and addressed to the judge who made the verdict. Only then can the decision be reversed.

The petition to set aside the petition for divorce must come from the spouse who filed the petition for divorce. Only in this case will the court accept it for consideration, and the divorce process will be stopped.

The husband does not give a divorce and live in peace, he threatens. What to do?

Hello,

You indicated that “we haven’t lived together for a year,” then it’s somewhat unclear to me how it happened that “he stole the passport when he had to go to the registry office for divorce documents”? did you report the theft to the police?

Now I want to say a few words regarding the fact that “On one forum he made me out to be a girl of easy virtue,” that is, in essence, we are talking about slander.

Responsibility for this act is provided for by the provisions of Art. 128.1. of the Criminal Code of the Russian Federation, according to clauses 1 and 2 of which libel, that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the salary or other income of the person convicted of a period of up to six months or compulsory work for a period of up to one hundred and sixty hours.

2. Defamation contained in a public speech, publicly displayed work or in the media is punishable by a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a period of up to two hundred and forty hours.

So it is important to know which site contains this information.

In order to bring the perpetrator to justice, you can apply to the magistrate's court with a corresponding statement.

Considering that the crime takes place on the Internet, it is necessary to provide evidence of the crime (since it can later be deleted) - for this it is possible to notarize the pages of the sites on which the slander is posted. It would also be a good idea for a notary to prepare a protocol for the inspection of the site.

If you also want to recover moral damages, you need evidence of its infliction. To do this, contact a psychologist so that he can confirm that you are experiencing severe emotional distress due to the actions of such persons (applications for psychological help must be officially documented).

Here are links to questions about the recovery of moral damages: https://taktaktak.org/problem/7497, https://taktaktak.org/problem/7423.

Check out similar issues:

My personal information was posted on a website I didn’t understand. How can I block this site or remove my personal data? https://taktaktak.org/problem/7274

My ex-roommate posted my profile on a dating site. The police do not take a statement. Where else can I turn for help? https://taktaktak.org/problem/2097

The ex-boyfriend does not delete our photo from the social network. Can I sue him? https://taktaktak.org/problem/1721

How to deal with harassment and insults from an acquaintance via the Internet? https://taktaktak.org/problem/10206

Publication of personal photographs on the Internet without the knowledge and permission of the author https://taktaktak.org/problem/6516

Divorce procedure in the registry office without the consent of the husband

The wife provides the following documents to the registry office:

passport;
marriage certificate;
a court decision: either declaring the husband missing, or declaring him incompetent, or a copy of the verdict, which indicates a prison term for the spouse of more than 3 years.

Next, the registry office sets a date for divorce - no earlier than 1 calendar month from the date of filing the above application (clause 3 of article 19 of the RF IC). The presence of the applicant is mandatory.

After receiving an application and accompanying documents from one of the spouses wishing to divorce, the registry office employee must notify the other party about this within three days, namely:

a spouse serving a prison sentence;
the guardian of the spouse about whom the court decided that he is incompetent;
administrator of the property of the missing spouse.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7

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+7 (812) 425-62-38
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8800-350-97-52

Arbitrage practice

Without the consent of the wife in the presence of children

Citizen M. Ivanov filed a lawsuit for divorce and determination of the child’s place of residence. He indicated that the relationship with his wife actually ended 5 months ago. They have a common son who is 8 years old. In the petition, the plaintiff indicated a request to dissolve the marriage and determine the child’s place of residence with his father.

The defendant was notified of the time and place of the hearing, but did not appear in court.

At the meeting, it was found out that there was no agreement between the parents regarding the upbringing and provision of children. In fact, the son lives with his father. Citizen Ivanova has two children from her first marriage who are in a social shelter.

Over the past six months, Ivanova visited her son only once. For failure to fulfill parental responsibilities, the spouse is registered with the Juvenile Affairs Division of the Department of Internal Affairs. Ivanova’s abuse of alcoholic beverages was noted; Her children were hungry and lived in unsanitary conditions.

Taking into account all the facts, the court decided to satisfy Ivanov M.’s claim, dissolve the marriage and establish the son’s place of residence with his father.

In practice, in most cases the child remains with the mother. But if the latter does not fulfill parental responsibilities, the court will be on the side of the father.

In the absence of children, if the husband is against divorce

Citizen Sidorova A. filed a claim for divorce with the Samara magistrate. In the lawsuit, she indicated that her husband, citizen M. Sidorov, abuses alcoholic beverages, and while intoxicated, uses obscene words against her and threatens to use violence. A. noted that they have no children in common with the defendant and considers reconciliation impossible. In the petition she asked to dissolve the marriage.

Sidorov M. filed a counterclaim for the division of jointly acquired property - a car, the cost of which was 580 thousand rubles. In the petition he indicated: to transfer the car to him and oblige him to pay compensation to his wife in the amount of ½ the cost of the car.

Due to the need to divide the property, the case was transferred to the district court of Samara.

Citizen R. Sinitsina acted on behalf of the plaintiff by proxy. She clarified that reconciliation is impossible because feelings of love and respect have been lost. She asked to leave the car with the plaintiff, since the defendant has another vehicle.

The husband clarified that Sidorova A. was seriously ill, which was the reason for her desire to get a divorce. He offered to sell the disputed car or present it to his wife upon request. I don't agree to divorce.

The court decided to satisfy the plaintiff's demands for divorce. The defendant's arguments regarding his wife's illness and disability were considered groundless and irrelevant to the case.

Taking into account the fact that the defendant has a car, the disputed car was awarded to the plaintiff because she used it to get to work and to the hospital. She was ordered to pay compensation to Sidorov M. in the amount of 290 thousand rubles.

The complexity of the divorce process, in which one spouse does not want to dissolve the marriage, lies in the need to repeatedly visit the judicial authorities, spend time on additional scheduled meetings, and select materials to convince the judge to make a decision on divorce.

Divorces in a family where there is no agreement, but there are children, are not uncommon. In an effort to quickly gain freedom, spouses resort to unscrupulous methods of influencing the other half: blackmail, threats, forgetting about the moral state of the child. What they see and hear negatively affects the psyche of children and forms the wrong model of behavior in the family and society. Therefore, if it is not possible to save the family, you need to try to separate, maintaining peace, without losing your human appearance, and agreeing on the fate of the children by concluding a settlement agreement.

If the second spouse is categorical, does not make concessions, and is extremely opposed to divorce, you need to contact the district court and act in accordance with the law. A lawyer from the ros-nasledstvo.ru portal will help you correctly draw up a claim, correctly, concisely and intelligibly explain the problem; will tell you what will be a compelling argument for making a decision in favor of the plaintiff.

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Summoned to court for divorce: how to react correctly?

It is not uncommon for one of the parties to file for divorce, but the other did not suspect it or simply did not believe that it could actually come to this.
In such cases, a summons to court can be fraught with entering a state of shock. Therefore, the main thing is to react correctly. Exactly how to behave depends on the circumstances. It is recommended that you first try to resolve the issue peacefully.

You need to talk to your spouse about why this happened and what exactly can be done to prevent a frustrating court case. With the right approach, it is often possible to reach a compromise solution.

You can even divide property fairly, so as not to waste energy later discussing relevant issues in court. But the other side may refuse to cooperate. In this case, it is necessary to choose a different strategy.

First, if some expensive property was acquired in the course of official marriage, it is recommended to enlist the help of a qualified lawyer. This is necessary in order to increase the chances that most of the valuables can remain with its true owner.

Some may think that a lawyer is not needed because the person filing for divorce is not very familiar with the law.

But no one is stopping a spouse from enlisting the support of a lawyer. And the court is usually interested in the speedy completion of the case, so it simply divides the property in half, without really taking into account the wishes of the parties. A lawyer is also useful in situations where there are children together.

It is especially necessary for fathers who want to raise their children on their own. Without a lawyer, it is almost impossible to achieve the desired decision from the judge, even if the spouse is not a very trustworthy person. The support of a lawyer, in turn, does not guarantee obtaining custody rights, but it significantly increases the corresponding chances.

If it is not possible to hire a lawyer to represent your interests in court, you can at least get proper advice from him. It is relatively cheap, but in the process it gives practical advice applicable in specific circumstances.

Advice from a psychologist: how to behave if your husband wants to get a divorce

Whatever the reason for this unpleasant statement, the main thing is to be able to remain calm and control yourself. When a wife throws a tantrum or breaks dishes, do you think that the husband’s feeling of love awakens at that moment? At this moment, he wants only one thing: to quickly escape from this house. That is why it is important to try to maintain composure; if you do not know the reason, calmly ask your spouse about it. There is no need to obstruct him, cry, scream, threaten. In this case, there are only three options to solve the problem:

take a militant position and thereby turn your husband against himself, which will subsequently affect relationships with children and relatives;
understand that divorce is inevitable, but you need to try to maintain an even, calm relationship with your husband for the sake of the children;
let go of your husband and try to change to get him back.

As you can see, the first option must be prevented. No matter how difficult, offensive and painful it may be. But negative emotions, anger, rage, of course, can be released. A gym or an evening with a friend and a bottle of wine can help with this. You need to cry, throw out all the pain. But under no circumstances should you discuss this situation with relatives, especially with parents. Perhaps you will make peace with your husband, but for your parents he will forever remain your offender.

What questions might a judge ask during a divorce proceeding?

There are several topics that come up during the meetings. They are as follows:

what are the reasons for divorce;
whether both spouses agree to divorce;
if there are common children, who will take custody of them;
how and in what amount alimony will be paid;
what property was acquired in the process of living together and how it should be divided.

It is recommended to prepare answers to all of the above questions in advance. In this case, the judge will definitely ask you to justify them, and in some cases, to document them.

Thus, to determine the amount and timing of alimony payment, one of the parties to the divorce process will need to submit papers reflecting the amount of his income. To divide property, you need to transfer purchase and sale agreements.

You should know one nuance. Only property that was purchased after the official marriage is subject to division. The value of smaller items, in turn, should be confirmed through appropriate receipts.

Also, the judge will most likely request certificates from the housing office and an extract from the house register. They are needed to determine living conditions: the area of the property, the number of people who are registered on it and actually live, etc.

Why does a man want a divorce?

It doesn’t matter what the woman decided to get a divorce after hearing the proposal - whether she wanted to save the marriage or agree to a divorce. The most important thing at this time is to understand why this situation happened in order to avoid it in the future.

Psychology assures us that it is difficult for all people to admit their own mistakes, but often you need to be able to do this. You should not blame others and your husband without arguments. But blaming yourself is also wrong. You must analyze what happened and come to an objective conclusion.