How to get a divorce if the spouse does not give a divorce?

In the practice of family lawyers, the question of how to divorce without the consent of the spouse arises very often. This is due to the fact that marriage is both a great joy and hard work. That is why not everyone succeeds in keeping it. At the same time, it sometimes happens that the wife wants to divorce, but the husband does not allow her to do it. In such situations, you cannot do without a trial.

What does the law say about this?

Как развестись, если супруг не дает развод 1
According to Art. 110 of the Family Code of Ukraine, everyone has the right to free exit from marriage. Nobody has the right to keep you “married” against your will. But there are some caveats – divorce will not work during the wife’s pregnancy, as well as within 1 year after the birth of the child, except for cases when one of the spouses has committed a criminal offense against the other spouse or child.

At the same time, any spouse has the right to bring a claim for divorce during the period of the wife’s pregnancy, if the paternity of the conceived child is recognized by another person. This rule also applies to the period of one year after the birth of the child.

It is also worth noting that, according to the family legislation of Ukraine, spouses can divorce through a court only if it is established that the further life of the spouses in marriage is not possible and is contrary to their interests, which are more important than marriage relations.

 

How to get a divorce without the consent of the second spouse?

Unilateral divorce is possible, but it takes longer and requires a good reason. In this case, the divorce procedure can take months. In order to get a divorce, the first step is to file a lawsuit for divorce. This application can be written independently or ordered from a lawyer. At the same time, it is worth taking this matter seriously, since the overall result of the event will depend on the correctness of filling out the claim. You will also need to collect the following list of documents:

  • A copy of the marriage certificate;
  • A copy of the birth certificate of children (if any);
  • Copy of passport data and original passport;
  • Paid receipt of state duty.

The package of documents in duplicate is submitted to the court at the place of registration of the defendant. After that, the date of the hearing is set. If the trial is successful, then the judge will decide on the dissolution of the marriage.

Как развестись, если супруг не дает развод 2How can you ease divorce without your spouse’s consent?

In order for the divorce process to go smoothly, you may need the help of a qualified lawyer. Our team of experienced family law experts are ready to handle all the divorce steps for you. We have been doing this for several years now and we know exactly how to make a divorce without the consent of the second spouse.

With us, divorce will take place in the shortest possible time and without consequences. That being said, you don’t even need to appear in the courtroom. Trust the professionals, call right now and we will answer all your questions.

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