Вт, 10 ноя 2015 Автор: Юлия Улиткина
Развод — дело малоприятное. Nerves, tears,
insults, scandals often poison the last month of marriage, even
if the spouses parted.
To endure all this is not easy, but sometimes it is absolutely necessary. how
usually suffer more women. According to statistics, they are often
become initiators of parting.
Причин для развода может быть сколько угодно.
Drunkenness and drug addiction, assault and cruelty, humiliation and
Constant reproaches are the worst, most difficult options. To live in
such conditions, especially if the family has children, not just
is impossible. In no case can this be done.
Есть и другие, менее радикальные причины
officially end the marriage relationship:
• he loved another;
• she met another person;
• the husband is indifferent to his wife;
• she ceased to have feelings for him and joint
life.
Any of these reasons may be grounds for divorce. But what
делать, если муж не хочет divorce?
Contents
Ситуация накануне развода, если муж не хочет divorce
Situations prior to divorce, are very different. Someone
easily negotiates with the spouse and the joint upbringing of children, and
about the division of property, even retains the appearance of friendly relations.
But this is rather an exception to the rule.
Most often, the spouse responds to his wife’s divorce proposal
refusal, and not being embarrassed in expressions. The worst thing is that
statistics, this situation often occurs in young families,
having very young children. Young woman that’s in this
the moment is most vulnerable and needs support like never before
It turns out in a terrible situation. The man for whom she went
married, disappears, and his place is ham, alcoholic, snapper. AND
this
�“Going to Mom” is not the way out. From spouse-tyrant spouse-revelers
and the “indifferent neighbor” needs not just to leave. With him follows
sever relations officially. Such a life partner will poison life
not only for a woman: he will cripple the psyche of children. The most
парадоксальное, что муж не хочет divorce почти всегда.
Why?
The most common reasons for refusing to give a divorce
The sides of men are as follows:
• fear of condemnation by relatives. Yes, yes, in public, he
may be white and fluffy, demonstrates care. It’s just
a way to establish yourself in the eyes of significant relatives. None of them
does not know what is happening behind closed doors, and the husband hopes that
will never know;
• financial dependence on the spouse;
• unwillingness to share joint property.
In the latter case, a man, even having a mistress or a second
a family (often with children) is unlikely to go for a divorce. Husband does not want
divorce, потому что делить квартиры-машины-дачи-яхты ему ой как
I do not like! But have to. Because there is a judgment, and it is always on
side of the woman as the initiator of the divorce.
Did not work out peacefully? No problem. That’s what you need
to make
Husband does not want divorce: куда нести печаль свою?
If husband не хочет divorce категорически, женщина может
independently write a statement and take it to court. If
the decision to divorce was made amicably, the spouses could easily and
Quickly get a divorce through the registrar. However, only if they have
no common minor children.
So the only option is court. Quick divorce not
It turns out, but the consent of the spouse for a divorce is not necessary.
The main thing is to correctly draw up a claim and collect the necessary
package of papers.
Step one is to collect the papers:
• write a claim. Без юриста to make это
problematic, so it’s best to pay an experienced specialist,
which will take into account all the nuances. Act through a lawyer is recommended in
if there is something to divide and small children grow up;
• pay the tax and attach a payment receipt to the application.
The tax for today is 650 rubles;
• marriage certificate;
• birth certificate of children, if any;
• certificate from the place of residence or extract from the house book.
Step two – take the application and register it with
District Court Secretary. Here, too, there is a subtlety: serve
statement wife should at the place of residence of her husband who does not want
divorce и на юридическом языке именуется ответчиком. therefore
the name of the court in the “cap” of the claim must be filled
right. ANDсключение делается в том случае, если по объективным
reasons a man can not appear in court. Then the whole package should
filed with the judicial authorities at the place of residence of the woman (plaintiff).
ANDск должен быть составлен по утвержденному образцу (у секретаря
the court he is). In the case of property claims, they must be
competently formulated and included in the text of a statement (on the issue of
legal support).
If the wife claims half of the jointly acquired property and
child support, the list of papers is expanding. It will take help on
assessment of property subject to division, as well as a certificate from the site
work spouse about his earnings. Of course, if children stay with
mother.
Husband does not want divorce: сколько придется ждать?
It often happens that a man intimidates a woman who dares
ask for a divorce. Threats of physical violence should be a signal to
immediate departure. Especially if the husband has previously raised on
woman or children hand. Upon learning that the wife filed an application (and
a subpoena will come in ten days), an angry man can
behave inadequately.
Well, if there is where to go, especially with children. OK, when
there is someone to protect. Parents, friends – you need to use any
option to get rid of the presence of the former life partner.
It is enough to give verbal or physical resistance to a scoundrel,
so he stopped behaving too aggressively.
ANDногда мужчина, который не хочет divorce, пользуется
legal illiteracy of a young woman and threatens to take away from
her children. This is complete nonsense! Even if the woman is on maternity leave.
and does not work, the court will leave the children with her, and with her husband will collect alimony on
content not only minors, but also their mothers.
Having small children is not an obstacle to divorce,
if its initiator becomes a woman. Article 17 Family
Code of the Russian Federation imposes a ban on divorce in the presence of a child, not
reached one year, or when establishing the fact of pregnancy
spouses at the time of paperwork only if
want a divorce man. Woman having a baby up to a year or
pregnant, can get a divorce – has the full right to that.
Remember: all rights are on the side of the woman. Need to
just gain strength, courage, patience and just survive it
hard time. Yes, and especially not have to wait a lot. Procedure
Divorce is governed by articles 25, 28 of the Civil Code of the Russian Federation. Court
decide on the divorce no later than two months from the date
registration application. This is guaranteed by article 154 of the Civil Code. Everybody
women who are afraid of threats and cannot decide on a divorce,
would be nice to get acquainted with these laws. Very inspiring and
helps to feel more confident.
Intimidated woman may not tell her husband that she filed
statement, and the agenda to hide. This is not entirely legal, but the situation
may be critical.
Procedure развода, если муж не хочет divorce
After the claimant’s application is registered,
The respondent will receive a subpoena. It can be for a man
unpleasant surprise. A negative reaction may occur in
ignoring a call to court: men just won’t come on
meeting.
This means nothing. Divorce without him. Comes into effect
The following rule: if the divorce suit is not
at the court hearing three times, the decision on divorce is made
without a man. Court примет во внимание тот факт, что примирение
spouses is impossible, as well as the further life together.
The first meeting is held in a month. ANDстца обязательно
they will ask for what reason there was a discord in the family and whether
reconciliation option. If you do not want to lay out your seal or
there is no particular reason for divorce (sometimes it is impossible longer
being with her husband for no logical reason)
no need to explain anything. The law does not punish it, but the desire
women takes into account.
Court questions will arise regarding alimony and property. Its
the decision must be described in the statement and if they do not impair the decision
none of the parties, the court will satisfy them. In some cases, the judge
amends, which will be reported at the meeting.
If the spouse fails to appear, the case will be postponed. If husband
не хочет divorce, но на заседание пришел, его аргументы будут
taken into account, and the court will provide a month for reflection and possible
reconciliation.
If a woman for some reason changed her mind and filed
petition for reconciliation, the court may decide to extend
consideration of the issue for one month. If the couple are reconciled, the case
closes. If the conflict continues and the divorce is still
relevant, marriage is terminated.
What’s next? After three days, the court is obliged to send to the registry office at the place
marriage registration. The decision on divorce is handed to the plaintiff and
to the respondent. With this document and passport you need to come to the registry office for
place of residence or marriage registration, pick up the certificate of
termination of the marriage union and put in the passport appropriate
stamp – a symbol of new life.
When is a divorce possible through the registry office?
A simplified procedure of divorce through the registry office is possible in the event that
if the husband is found guilty of a criminal offense and
serving a sentence of three years or more. Even if the husband does not want
divorce, женщина в этом случае имеет право получить свободу без
judicial trial.
To do this, she needs to pay a state duty of 350 rubles,
write a statement to the registry office and attach a copy of the sentence to it. Marriage
will be canceled without the consent of the spouse departing
punishment.
Other reasons to get a divorce through the registry office on a lightweight
the procedure unilaterally are:
• recognition of the husband as missing;
• recognition of the husband as incapable.
In this case, no problems with divorce unilaterally.
will not be.
how убедить мужа, если он не хочет divorce
Решительность — залог успеха в любом деле.
Divorce is no exception. If it is decided that living together
the end, no need to hesitate. All reasoning is like “patting while children
will not grow “- it’s just excuses, unwillingness to take on
responsibility, fear. howими вырастут дети в семье, где родители
do not like each other? howой станет их психика, если они ежедневно
Do you watch your father humiliate your mother or beat them up?
Conflicts between parents adversely affect children’s
psyche. therefore если развод неизбежен, а муж не хочет divorce,
then you have to decide and apply first. Or try
convince her husband to agree with his decision. Filed together
documents and lack of claims to each other will greatly facilitate the case,
and the terms of the consideration of the case will be reduced to one month.
Listen to yourself. Do you need a divorce?
Maybe the cause of conflict is constant stress, tension.
due to high family responsibility, chronic fatigue,
finally? In this case, everything can be settled just by leaving
some time.
Try to explain your position to your spouse.
Мужа, который не хочет divorce, можно попробовать убедить, но
only without tears and tantrums. He must understand: the decision to divorce
taken not on emotion, it is well thought out and is the only one
possible for women option. Offer your husband their vision
further communication, including options for co-education
children sharing property. Fairness and justice will work
on a decent person who is capable of taking adults
solutions.
Не нужно бояться развода. Even if the husband is not
хочет divorce, суд всегда окажется на стороне женщины. it
difficult for both time you just need to go through.
