How to divorce your wife or husband without his (her) consent?

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Published: 10/23/2016

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Every year, many marriages break up for various reasons. Sometimes it turns out that disagreements between spouses and the decision to separate arise during pregnancy.

• What does the law say?
• Divorce through the registry office
• Divorce through court
• A man's obligations after divorce
• Is divorce possible on the initiative of the husband if he is not the biological father of the child?

General conditions for divorce

The Family Code of the Russian Federation establishes the right of citizens to terminate marital relations.
The provisions of the article of the RF IC define the following grounds for divorce:

1. Initiative of one of the spouses;
2. Death of husband or wife;
3. Recognition of the legal incapacity of one spouse.

On a note! With mutual consent, the official marriage is dissolved in the registry office. In other cases, the divorce occurs in court.

The disagreement of either spouse to divorce has no legal significance. However, during the trial, circumstances that may help preserve the family will certainly become clear.

Article 16 of the Family Code of the Russian Federation “Grounds for termination of marriage”

Divorce according to Muslim customs on the initiative of the husband. How does Islam view divorce?

Marriage in the Islamic religion is an agreement on living together, providing stability, confidence, and peace of mind to spouses and their children. Breaking a marital relationship is considered the most hateful action Allah allows. Divorce (talaq, hillul aqdi) is announced in writing, verbally, by a sign for the dumb.

Talaq happens:

• It is obligatory when the husband takes an oath not to have intimacy with his wife for more than 4 months. After a certain period of time, the wife can demand sexual intercourse from her husband. The spouse is obliged to give a divorce if he does not satisfy the demand.
• Sunnah is desirable when the husband cannot provide for his wife, or the wife has committed great sins.
• Unauthorized is haram if a woman’s rights are violated.

Dissolution of a family union is condemned in Sharia law. Divorce is the last step if all attempts at reconciliation have been in vain.

According to Sharia, both husband and wife can initiate divorce. Men in Islamic countries have greater rights than women. Marriages break up more often on the initiative of husbands. The procedure consists of pronouncing the word “talaq” three times in the presence of two witnesses. A Muslim may not voice the reason for the breakup - this is how the good name of his ex-wife is preserved.

Common reasons for divorce in Muslim families:

non-compliance with Sharia law, neglect of the duties of a husband or wife;

• selfishness, disrespect, unwillingness to change your habits;
• the wife’s work if the husband is negligent in providing for the family;
• a frivolous attitude towards the marriage ceremony, when people enter into a relationship with the goal of getting to know each other better, living together, and if that doesn’t work out, breaking up;
• hostility from parents;
• significant differences in faith, age, social status, education;
• long absence of the husband from the family;
• presence of a second wife.

The listed cases are considered good reasons to make divorce in a Muslim family look like a normal phenomenon and not a sin. “Talaq” should not be pronounced at the same time, but in separate “clean periods” of the woman. A time period is given to realize the value of living together and reunification.

Is it possible to get a divorce if my wife is pregnant?

The state protects the interests of women during pregnancy.
Expecting a child in most cases causes the expectant mother to become financially dependent on other people. Important! The procedure for divorce does not change if the spouse is carrying a child. The conditions for conducting divorce proceedings are subject to change.

The Family Code of the Russian Federation (Art.) restricts a man’s right to terminate a marital relationship during his wife’s pregnancy.

Article 17 of the Family Code of the Russian Federation “Limitation of the right of a husband to present a demand for divorce”

At the husband's initiative

The law cannot force a spouse to live with his pregnant wife.
However, a man will not be able to file for a unilateral divorce until the child turns one year old. There are no exceptions to this rule provided by law. If the expectant mother agrees to divorce, the court may satisfy the spouse's request. The divorce process will be stopped if the woman changes her mind about getting a divorce.

Attention! The husband (including the ex-husband) is by default granted parental rights in relation to the unborn child. At the request of the mother, the legal spouse is indicated as the father in the birth document.

A man’s application for divorce and renunciation of paternity will not be considered by the court until the birth of the child . During pregnancy, it is possible to confirm the relationship only through genetic testing. However, the study is considered dangerous to the health of the unborn baby, so it is carried out in rare cases.

Read also: How to file for divorce in another city?

Divorce proceedings are terminated upon presentation of medical documents confirming the woman’s condition. If a divorce decision has already been made, the case will be reviewed based on new circumstances. The man will be denied an official breakup.

On the initiative of the wife

For a pregnant wife, the Family Code of the Russian Federation establishes different rules for divorce.
A woman can initiate divorce at any time. If the husband does not object, the termination of the marriage is carried out at the registry office.

The most common reason for a breakup is:

• lack of financial assistance;
• psychological pressure and quarrels;
• husband's drug or alcohol addiction;
• spouse leaving the family;
• aggressive behavior of a man.

Responsibility for a child changes a woman’s attitude towards family life. The reluctance of the expectant mother to maintain a registered marriage is the main condition for divorce.

With the consent of the spouses

If there is mutual desire, the marriage is terminated by the civil registry office.
The period for processing documents is 1 month. If, within the time provided by law, the woman changes her mind, the divorce proceedings are stopped. If a couple has other children under 18 years of age, the marriage is dissolved by a court decision.

Reasons for refusal to breed.

Couples who have submitted an application for consideration to a government agency are interested in the question of whether the court can refuse to dissolve a marriage between spouses.

The claim statement is returned to the applicants in the following cases:

• If a woman is pregnant or raising a child under 1 year of age and does not consent to the termination of the relationship.
• If there are problems with the documentation package or the state fee has been paid incorrectly.

We suggest you read: How to register or discharge a minor child during a divorce in an apartment?
With whom should the child be registered after a divorce? In the latter case, the court will give time to eliminate the violations, after which a hearing date will be set. The absence of the defendant at the trial is not an obstacle to a decision in favor of the plaintiff.

If the other party is not present, the meeting is postponed. If a spouse fails to appear in court three times, a positive decision on divorce proceedings is made without him.

• The baby was conceived by another man;
• The child died during childbirth or did not live to be a year old;
• The child is not common to the couple.

At the same time, a man’s doubts about his paternity are not a valid reason for divorce in this situation. The court will not consider his application based on assumptions.

If the spouses separate by mutual consent, but the family has common minor children and joint property, then the application is considered by a magistrate and in most cases a positive decision is made.

In situations where there are disputes, you should contact the district court. The application will be considered by the authority located at the defendant’s place of residence.

If the spouses do not appear again for the meeting, the case will be automatically closed, and the marriage will be considered saved.

In a situation where one of the parties declares a decision to end the relationship, an appropriate decision will be made.

In the case when this happens directly during the proceedings, an oral statement from the plaintiff is sufficient.

It is recorded in the meeting documents. If the decision to reconcile was made before the start of the court showdown, then a written request to terminate the case will be required.

If the hearing has already taken place and the verdict has been rendered, it will be impossible to withdraw the divorce application.

In order to maintain family life, spouses will need to re-register their relationship. If the plaintiff withdraws the application, he will subsequently be able to submit it again to terminate the relationship, both to the registry office and to the judicial authorities.

We invite you to read: Why and how do men worry about divorce?

It should be noted that sometimes restoration of marriage is practiced. This procedure is possible in a situation where the relationship was ended based on a court decision due to one of the parties being declared missing or dead.

If both spouses decide to restore the relationship, then a court hearing is scheduled where the previous decision on divorce is declared invalid.

Legislative acts stipulate that both parties must agree to restore the marriage. The exception is cases when the other party has already formalized the relationship with another partner. In such situations, it will not be possible to restore the marriage.

Divorce in the registry office is possible only if both parties agree to the procedure. If one of the spouses is against the divorce, you will need to go to court. In such a situation, a statement from only one party is quite sufficient.

To submit the paper, you must indicate the reason for the divorce and the requirements for the defendant. Afterwards, the plaintiff must pay the state fee and attach the necessary package of documents to the application.

Where to apply for divorce

It is possible to file a divorce at the civil registry office by mutual consent of the couple in the absence of property disputes.
Documents should be submitted to the territorial office at the address of one of the spouses or to the authority where the marriage was registered. An article of the RF IC provides a pregnant woman with the right to unilaterally apply to the registry office, subject to:

• the spouse is officially considered missing;
• For committing a crime, the husband was sentenced to isolation from society for a period of more than three years.

On a note! The consent and presence of a man in such situations is not a prerequisite.

The petition for divorce is considered by magistrates. According to the rules of jurisdiction, the claim is sent to the judicial district at the location of the defendant. The law gives a pregnant woman the right to submit documents at her place of residence.

Article 19 of the Family Code of the Russian Federation “Dissolution of marriage in the civil registry office”

How to pick up an application for divorce at the registry office.

After submitting an application to the registry office, the spouses are given a month to restore relations. If they change their mind, they can withdraw the documents at any time. There are no special conditions for this procedure.

We invite you to read: Divorce without the participation of one of the spouses through the court and in the registry office: in what cases is it possible, how to formalize it?

If the spouses do not come for a divorce certificate within the specified period, then their marriage is automatically considered preserved, and the document will lose force.

But please note that the state fee paid when submitting the application will not be refunded.

What documents are needed for divorce

Divorce in the registry office is carried out on the basis of an application.
The strict form of the application is fixed by the regulatory acts of the department. The form is filled out by both spouses. Copies of passports and marriage documents are attached to the completed application. Before contacting government agencies, you must pay a state fee.

The contribution amount is:

• 650 rubles with mutual agreement (paid separately by each spouse);
• 350 rubles for a unilateral divorce during pregnancy (with a husband in prison).

If it is not possible to personally contact the civil registry office, the application is sent by mail (the documents are first certified by a notary).

The couple will receive a document on the termination of the marital relationship 30 days from the date of acceptance of the application.

Duty

How to file a divorce without the consent of your spouse? Once you have decided which court to apply to, you can begin preparing documents. The first stage is payment of the state fee. Without this payment, your claim for divorce will not be accepted. Therefore, before visiting the court, try to pay off the state.

How much will you have to pay for a unilateral divorce? At the moment, you will have to pay 600 rubles for a divorce claim. The amount of the state duty is specified in the Tax Code of the Russian Federation, in Article 333.19, paragraph 1, subparagraph 5.

This amount of money is collected only from one spouse - from the initiator of the divorce. As soon as the state fee has been paid to the court of your choice, you can submit an application for consideration. Just first collect a certain list of documents.

When to go to court

If there are property problems (for example, division of property), the procedure takes place in court.
If there are other children in the family, the request to sever the marital relationship is also considered by the court. Read also: How to put a child support debtor on the wanted list

Divorce in court (Article RF IC) occurs in the following cases:

1. Saving the family is impossible;
2. The couple could not reconcile;
3. A pregnant wife insists on officially ending the marriage.

Consideration of the expectant mother's demands for divorce begins with the preparation of a claim.

Article 22 of the Family Code of the Russian Federation “Dissolution of marriage in court in the absence of the consent of one of the spouses to dissolve the marriage”

How to file a claim

The petition for dissolution of marriage can be handwritten or typed on a computer.
The document is drawn up in two copies (for the court and for the defendant). The statement states:

• name and address of the judicial district (court);
• personal data of the plaintiff and defendant (last name, first name, patronymic, address, contact phone number);
• information about the date and place of marriage registration;
• reasons for contacting;
• position of the second spouse;
• demand to end family relationships;
• date of compilation.

Documents confirming the described circumstances (medical reports, certificates, characteristics) are attached to the claim. To consider a divorce case in court, you will need to pay a state fee (600 rubles).

Important! The defendant in the claim is the husband (even with mutual consent of the parties). He must participate in the process or submit an application for holding meetings in his absence.

The provisions of the Family Code of the Russian Federation (Art.) oblige the judge to provide the spouses with a period for possible reconciliation (from 1 to 3 months).

If the pregnant wife insists on divorce after a certain period, the court makes a decision to terminate the marriage. From the moment the judicial act gains legal force, the marriage is considered dissolved.

If the husband tried to hide the fact of his wife’s pregnancy.

Such a development of events is likely only in court. The very attempt to hide this fact suggests that the woman is against the destruction of the family union. If she learns about the process, all she needs to do is come to the court hearing and provide documents confirming her pregnancy. The claim will be rejected on the same day. If the husband managed to carry out the process unnoticed by his wife (the summonses were intercepted and destroyed), restoration of justice is possible when the case is reviewed based on newly discovered circumstances. Not to mention the possible criminal prosecution for attempting to mislead the judiciary and submitting knowingly false information.

Rights of a pregnant woman after divorce

The legislation guarantees the protection of the interests of the expectant mother and her children in the event of official divorce.
A woman is given the right to financial support from her ex-husband. When going to court, a pregnant wife can make financial claims at the same time as demanding a divorce. The state obliges parents to provide material conditions for the life and development of children.

The Family Code of the Russian Federation (Art.) establishes the right of the ex-wife to receive funds for her maintenance. Alimony to the expectant mother is paid in a fixed amount.

The amount of the benefit depends on the following factors:

1. The material standard of living of a pregnant woman;
2. Financial capabilities of the ex-spouse;
3. Average monthly spending;
4. The cost of living in the region.

The law obliges a man to help his ex-wife before childbirth and during the first three years of the child’s life.

Attention! If a woman enters into a new official marriage during pregnancy, alimony payments for her needs stop.

In the event of a divorce, a couple can enter into an agreement on voluntary assistance through the registry office. The agreement on the transfer of alimony must be notarized.

Article 90 of the Family Code of the Russian Federation “The right of the former spouse to receive alimony after divorce”

Judicial practice on divorce during pregnancy

When considering divorce cases, the courts protect the interests of the expectant mother.
To render a verdict of divorce, the judge must determine that saving the family is impossible. For this purpose, a time is set for reconciliation. Read also: Divorce with minor children

The emotional state of a woman during the period of bearing a child can be unstable. Often an application for divorce is filed in court under the influence of a momentary resentment. Within the period provided by the court, the spouses reconcile and withdraw the claim.

The exception is situations when living together threatens the health and life of the expectant mother. For example, a woman presents a medical report about assault. Under such conditions, the decision to terminate the marriage at the request of the pregnant wife is made immediately.

District Court

How to get a divorce without the consent of your spouse if going to a magistrate is impossible? If you have children and you cannot agree on their further residence, you will have to go to the district.

In addition, district courts hear claims for the severance of formalized relationships when a couple has joint property of significant value. Divorce without the consent of the spouse (without children) also occurs in these authorities.

Now that it’s clear where exactly to go, it’s worth taking a closer look at the divorce process. If you prepare properly in advance, you can bring your idea to life in just a few months. What features should you pay attention to first?