How to file for a divorce if the husband does not want

How to file for a divorce if the husband does not want

Divorce without the consent of the husband is possible only through court. And if you have no joint children, it facilitates business. In case you have joint children, the procedure of a divorce unilaterally will become complicated a little.

Instruction

1. Address the lawyer that that helped you, at least, from the legal point of view competently to make the statement of claim. If it is necessary, at once submit also a claim for the section of property. Surely bring up a question of alimony and of that with whom there will live children.

2. Pay the state fee that your statement was taken cognizance. Duty in this case makes 1 minimum wage rate.

3. In a month after submission of the statement of claim the court session will take place. You on it will be notified, having sent by mail the agenda. At a meeting will ask you questions of what was the cause of family discord who is guilty whether there are ways of reconciliation. On the basis of your answers the court will make the decision on divorce or granting time for thoughts.

4. If you also submitted claims for establishment of maintenance obligations and the section of property, also these questions will be considered. Though you can independently make agreements on the section of property and establishment of alimony. Then the court will approve them if those do not infringe upon the interests of one of the parties, having left everything without change or having made the amendments on which you will be notified.

5. That the amount of alimony was established, it is necessary to bring the certificate of the income of one of spouses who will have to undertake these obligations into court. If you are, for example, on a child care leave or during marriage did not work, being in charge of housekeeping, at a meeting the question and of alimony for your own contents can be understood.

6. When the court considers case, the decision – to dissolve a marriage, to dismiss claim requirements or to postpone judicial proceedings and to appoint term for reconciliation of spouses will be made to them.

7. In an hour after the end of hearing the court will inform you of the decision. If a marriage is decided to be dissolved, after entry of decision into legal force – in ten days – the court will send to bodies the REGISTRY OFFICE the resolution. On its basis will prepare and will grant to you the certificate on divorce. In case you do not agree with the judgment, during the mentioned ten days can submit the statement of claim about its cancellation and reconsideration of your business.

8. To receive the document on a divorce in the REGISTRY OFFICE, provide the judgment and also the passport. Each of already former spouses will receive the divorce certificate either at the place of residence, or in a marriage place of registration.

Author: «MirrorInfo» Dream Team


Print