Фото: How to divorce a spouse without his consent

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How to divorce a spouse without his consent

Reading time: 3 min.

Divorce is always a difficult life decision that couples can make due to prolonged arguments or conflicts.

Usually, a married couple agrees to quickly separate and divide the jointly acquired property between them.

However, in practice, there are cases when one of the spouses (man or woman) does not want to end the marriage and still hopes to restore the relationship. Then a completely logical question arises, what to do in such a situation?

We will talk about this in this article, namely how to divorce a husband without his consent, taking into account the provisions of the current legislation of Ukraine.

Dissolution of marriage through the bodies of the RACS

If a woman or a man wants to dissolve a marriage through the bodies of the Civil Registry Office by personal application, they can exercise this right when the other spouse:

  • recognized as missing for unknown reasons;
  • recognized as incompetent.

However, if in practice you have a completely different case, then in such a situation it is absolutely necessary to go to court.

Is it possible to divorce if the husband does not give consent?

If one of the spouses wishes to divorce, and the other does not receive the appropriate consent, then in this case the divorce takes place in court. In addition, the Family Code of Ukraine, namely Article 110, states that the right to file a lawsuit for divorce can be exercised by one of the spouses.

Therefore, a husband or wife can independently file a lawsuit for divorce even without the consent of the other spouse.

Separately, it should be noted that the husband's disagreement is not a decisive factor for accepting a lawsuit in court, since it is first of all important that the lawsuit is filed correctly in accordance with the norms of the Civil Code and the court fee is paid, however, such disagreement can significantly delay the consideration of your case.

Why so? This is explained by the fact that in such a case, the court may give the spouse time for reconciliation, the husband may not appear at court sessions, submit relevant evidence or otherwise delay the process of consideration of the case.

Does the presence of common children affect the divorce between spouses, if the husband does not want to end the marriage?

In general, if you have common minor children and your spouse does not want a divorce, this will not significantly affect the course of the case. After all, during the consideration of the case, the judge examines the family relations that have developed between the spouses, the reason for the divorce, finds out the possibility of preserving the family, distributes the property between family members, and also makes a decision with whom the children will live.

That is, the court is obliged to determine the future residence of children with one of the spouses on the basis of relevant evidence in the case, and not only to take into account the consent of the husband to divorce his wife.

If you want to divorce your husband without his consent, then in this case you definitely need the help of specialists - the "Prikhodko and Partners" law firm. Our team has many years of experience in conducting family matters, which allows us to understand all their legal subtleties.

In addition, we always work for the result for our clients. So don't delay and apply!

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Specializes in family law and inheritance matters.

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