Divorce without spouse's consent

Divorce without the husband's consent

Divorce is always a difficult and painful process. In the best case, the spouses manage to come to an agreement and terminate the marriage through the civil registry office. But as a rule, the case ends with court proceedings. The problem arises especially when the partner does not agree to the termination of the relationship. Therefore, many women have a reasonable question, whether it is possible to divorce without the consent of the husband.

Is it possible to file for divorce in such cases?

The legislation of Ukraine provides for the possibility of terminating marital relations at any time at the request of both parties. But not always partners can agree on the necessity of divorce. If we are talking about divorce through the civil registry office, then the presence of the husband and wife is required.

Exceptions are made only for two cases:

• If one of the spouses is recognized as missing;
• If one of the spouses is recognized as incapable.
• There are no other options for divorcing without the husband's consent through the civil registry office.

In such cases, you need to have evidence, so it may be important to seek legal advice.

How to divorce without the consent of the husband through the court?

Divorce at the initiative of one party is possible only through the court. It is worth clarifying right away that divorce without presence and without consent are different procedures. If the husband is abroad or cannot attend the hearing for other reasons, he is given the opportunity to confirm his consent in writing. The notarized document can easily be sent by mail to the court address. The letter also includes a request to consider the case without the presence of the husband. The question of how to divorce if the husband is against it causes more difficulties. There are often situations when it is really advisable to break up a marriage. But the husband refuses to divorce so that he can manipulate and oppress his wife. For such cases, the law provides for the possibility of divorce without the husband's consent. But the woman must provide evidence to the court that such a step is necessary.

There are several ways to obtain a divorce:

1. The first is to indicate a valid reason for the divorce. These can include aggression, betrayal, alcohol, drug or Internet addiction, gambling addiction. It is also possible to indicate vanity and reluctance to contribute to the family budget, misunderstandings in sexual life, contempt for the wife and the fulfillment of marital duties.
2. The second way to divorce a husband without his consent is to prove that, in fact, the marriage has already ceased to exist. That is, to provide evidence that a woman and a man have been living separately for a long time and do not run a joint household, have other people for a joint life. It can be the testimony of one of the spouses or outsiders.
3. Lack of consent may be due to a financial issue. By trying to bargain for better conditions during the division of property. Or the lack of own income and the desire to continue to exist at the expense of the wife. A difficult financial situation cannot be a reason for refusing a divorce. Therefore, if there is evidence that the husband does not want to dissolve the marriage precisely because of property issues, the court sides with the plaintiff.

All of these methods require proper evidence and a competent approach, so it is recommended to contact a specialist who is familiar with the legal requirements of this topic.

How to divorce without the husband's consent if the woman is pregnant?

The legislation stipulates that divorce is not possible during pregnancy and if there is a child under one year old. Consent or lack thereof is irrelevant in this case. The law first of all takes care of the interests of the child. There are only two grounds for divorce during pregnancy. The first is when a man has committed illegal acts against a woman or a child. In such a case, the court dissolves the marriage in order to protect the mother and the baby. Divorce is also possible if the husband is not the father of the unborn child. And the biological father recognized her as his own.

Advantages of contacting a divorce lawyer

No need to collect and prepare materials for consideration.

High-quality and correctly drafted statement of claim.

Detailed information at each stage of the case consideration.

Legal stages of the procedure

The process begins with an appeal to a lawyer. The specialist will familiarize himself with the current state of affairs and select the best strategy for conducting the case. During the consultation, he will offer available options for filing a divorce and provide a list of necessary documents.

The standard package includes:

• Passport;
• Identification code;
• Marriage certificate.

Depending on the situation, additional medical documents, testimonials from acquaintances, etc. may be required. The lawyer will also find out the jurisdiction. Currently, not everyone lives at the place of registration. Someone left for safe regions, and some ships ended up in the occupied territories. According to the law, the lawsuit is filed at the place of registration of the defendant. Alternative jurisdiction is not provided for. Then the case will be considered. It can last from one to six months. After reviewing the case file, the judge may grant additional time for reconciliation. Especially if a man shows such a desire. After the expiration of the established period, the consideration of the case continues. If the spouses failed to reconcile, they receive a divorce decree.