Such questions may arise only if the second spouse does not give his consent to the divorce process or does not live with his family. Such a divorce can only be carried out through a court decision.
Divorce if the second spouse does not consent
If there is a need for such a divorce, the first thing you need to do is to prepare a statement of claim to the court. Of course, you can make such a statement yourself, but if your second spouse does not seriously intend to divorce, then contact a professional family lawyer who will help you avoid typical mistakes in your situation. Kasyanenko & Partners Law Company has already helped many families solve their problems, so why don’t you simplify your life?
Divorce is a standard procedure. The spouses who want to divorce must submit an application to the court. It should be drawn up following the Family and Civil procedure codes. It is important to remember that there are circumstances when divorce is not possible. You can learn about them from the article one hundred and tenth SC of Ukraine. A divorce claim will simply not be accepted if the spouse is pregnant or the child is under one year old. Of course, even in these cases, there may be exceptions.
You must consider the reasons that will be indicated in the claim. The more significant the reasons, the more likely it is that the court will make a positive decision for you. Article one hundred and twelfth of the IC of Ukraine allows the court to consider the relationship between the spouses and decide their future fate. The court will support the decision to divorce if it finds that the continued existence of the marriage will not meet the interests of at least one of the spouses or their minor children.
The civil procedure code, in turn, defines how:
- conduct a divorce without the consent of the second spouse;
- make a statement to the court;
- select the necessary evidence confirming the need for divorce;
- select witnesses at the hearing.
In most cases, the claim is filed at the place of registration of the defendant, but the law still provides options in this matter, allowing you to choose the court at the place of residence of the plaintiff. You also need to know that applying for divorce will be subject to a court fee. If the Respondent does not come to court sessions, the decision can be made in absentia, so as not to delay the trial itself for many months. In any case, the court reserves for the spouse who does not agree with the divorce, the possibility of appeal. If the court of appeal confirms such a decision, the marriage will be considered officially terminated.
Rights in a divorce
In the case of divorce, the rights of the spouses are fully equal, as indicated by the IC of Ukraine and the Civil procedure code. Therefore, the court will consider the case, paying attention to the equality of the plaintiff and the defendant. In turn, the correct evidence presented in court can help you save your family if you do not agree with the decision of your other half.