How To File For Divorce If Your Husband Doesn't Want To

Table of contents:

How To File For Divorce If Your Husband Doesn't Want To
How To File For Divorce If Your Husband Doesn't Want To

Video: How To File For Divorce If Your Husband Doesn't Want To

Video: How To File For Divorce If Your Husband Doesn't Want To
Video: Your Spouse Won't Sign Divorce Papers: Now What?! 2024, December
Anonim

Dissolution of a marriage without the consent of the husband is possible only through a court. And if you don't have children together, it makes things easier. If you have children together, the unilateral divorce procedure will become somewhat more complicated.

How to file for divorce if your husband doesn't want to
How to file for divorce if your husband doesn't want to

Instructions

Step 1

Contact a lawyer to help you, at least from a legal point of view, correctly draw up a statement of claim. If necessary, immediately file a claim for the division of property. Be sure to raise the issue of alimony and who the children will live with.

Step 2

Pay the state fee so that your application is accepted for consideration. The duty in this case is 1 minimum wage.

Step 3

A month after the filing of the statement of claim, a court hearing will take place. You will be notified about it by sending a summons by mail. At the meeting, you will be asked questions about what was the cause of the discord in the family, who is to blame, if there are ways of reconciliation. Based on your answers, the court will decide whether to divorce or give time to think.

Step 4

If you also filed claims for the establishment of alimony obligations and the division of property, these issues will also be considered. Although you can draw up agreements on the division of property and the establishment of alimony yourself. Then the court will approve them if they do not infringe on the interests of one of the parties, leaving everything unchanged or making their own amendments, which you will be notified of.

Step 5

In order for the amount of alimony to be established, a certificate of income of one of the spouses must be submitted to the court, who will have to assume these obligations. If you are, for example, on parental leave or did not work as a household worker during your marriage, the meeting may also understand the issue of alimony for your own support.

Step 6

When the court considers the case, they will make a decision - to dissolve the marriage, refuse to satisfy the claims, or postpone the trial and set a time limit for reconciliation of the spouses.

Step 7

An hour after the hearing ends, the court will tell you its decision. If it was decided to dissolve the marriage, after the entry into force of the decision - in ten days - the court will send a resolution to the registry office. On its basis, they will prepare and give you a divorce certificate. If you disagree with the decision of the court, within the above ten days, you can file a statement of claim to cancel it and reconsider your case.

Step 8

To obtain a divorce document at the registry office, provide the court decision, as well as your passport. Each of the already former spouses will receive their divorce certificate either at the place of residence or at the place of marriage registration.

Recommended: