Divorce is a troublesome and unpleasant event. There are rarely situations when spouses mutually decided to divorce and support this outcome of family life. More often than not, one party is against divorce and does not approve of the other’s decision. What to do if the wife filed for divorce, but the husband does not want it? Is there a chance to find out about this in time and try to save the family?
Features of divorce if the application is filed by the wife
Despite women's emancipation and significant equal rights with men, representatives of the fairer sex have certain advantages over men. The law absolutely does not restrict women's rights during divorce. For example, if a husband decides to file for divorce, but his wife gave birth within a year or is currently pregnant, then he will not be able to obtain a divorce proceeding. A woman has a more expanded range of rights. She has the right to end a relationship that is burdensome to her, even when she has a newborn child in her arms or is pregnant.
What documents does a wife need to get a divorce?
To file for divorce, a woman must collect the following package of documents:
1. The original version of the document confirming the conclusion of the present marriage.
2. Photocopy of your identity card (passport).
3. A photocopy of the birth certificate of your child or children (if any).
4. Extract from the house register.
5. Photocopy of the paid state duty.
6. A complete list of documents that was attached to the divorce application.
My wife filed for divorce, what should my husband do?
A man should discuss the terms of the divorce one-on-one with his wife. Spouses must decide whether they have any claims against each other regarding property or children. Having discussed the state of affairs in advance, those divorcing will not get on their own and each other’s nerves just like that.
If the husband does not want a divorce, then he can try to convince his wife verbally, ask her to withdraw the divorce application. The main problem is that a wife can divorce her husband even when he is not present at the official court hearing. That is why he needs to try to resolve the issue peacefully and without conflict. The husband can also ask for a deferment from the court, but it is given under the weight of more weighty arguments.
My wife wants a divorce, but I don’t: how to prevent your wife from getting a divorce
As many people know, men and women have completely different mindsets. At a time when it seems to the husband that everything in the marriage is just perfect, the woman may suffer from fatigue, anger, and indifference on the part of her partner. Why do women decide to get divorced? There are several reasons:
- Did not get along. This reason is the most common, but at the same time incomprehensible. It would seem that people lived together for a long time, but they could not better each other. In this case, it is recommended not to rush into a decision, but to consult a psychologist and undergo joint therapy.
- Cheating on the part of one of the partners.
- Constant quarrels amid household chores and everyday life.
- Lack of interesting events in life, attention, thrills.
- Domestic violence.
In fact, there are quite a few reasons. The main thing is to understand what was the starting point in this case and try to save the family.
But men, in the heat of feelings, are often overly emotional and make mistakes that lead to the fact that the marriage can no longer be saved.
What actions of the husband are undesirable?
- avoid solving problems, hope that everything will be solved on your own;
- refuse to compromise;
- do not communicate with your wife;
- turn children against their mother;
- try to compromise the wife, put her in an unfavorable light in court in order to get a large part of the property, children, etc.
If it comes to divorce, the main thing is to behave with dignity and respect for each other.
If there are children
If a married couple has a child or several children together, then divorce is possible only through the court (with some exceptions). Divorce through the court occurs only in order to protect minor children by administrative legislation.
The judge must make sure that the parent with whom the child remains will not use him as bait or a way to get money. Very often, father and mother try to lure the child exclusively to their side. This should not be done so as not to harm the fragile child’s psyche. Otherwise, the court may intervene in this difficult situation and try to resolve it painlessly for the child.
However, a divorce, regardless of the children and their age, is possible in situations where the spouse:
- declared missing;
- fell ill with a mental or other serious illness due to which he lost his legal capacity;
- imprisoned for more than three years.
Possible reasons for divorce
When the main goal is not to divorce your wife, you need to carefully analyze your relationship with your other half. Sometimes even loving spouses think about breaking up their relationship. Study the reasons and only then make a decision. It shouldn't be hasty.
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Treason
Few people are able to calmly accept the fact of a loved one’s infidelity. This is depressing, so discouraging that the desire to act disappears and apathy appears. When betrayal comes from your significant other, it seems that life is falling apart. Hopes are lost, faith disappears, the desire to achieve joint harmony disappears. Often after such an event, the husband does not know what and how to tell his wife. Cheating is the most common reason that prompts people to break up.
Dissatisfaction with family life
To prevent divorce, you need to try to figure out whether everything is satisfactory in the marriage. If there are points that raise doubts, they need to be reconsidered. It is always better to try to fix something in advance than to try to solve problems at the last minute. To avoid divorce and try to save a marriage, you need to work with your soul and make efforts. You need to really want to preserve the relationship, put aside old grievances and look to the future with hope.
Physical and mental violence
Violence suppresses individuality. There is no point in maintaining such a relationship. In any case, the personality will suffer, apathy and a feeling of hopelessness will appear. Endless insults, humiliations and worries can cause deep psychological trauma.
Internal devastation occurs. Personal development is suppressed by numerous fears and doubts. Here you no longer need to think about maintaining the marriage. Learn to take care of yourself. Strive for your own spiritual comfort. If you neglect your feelings, the consequences will be sad.
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Sexual problems
Difficulties of an intimate nature are not usually discussed openly. Some couples deliberately try to ignore them until the situation gets worse to the point where it is impossible to fix anything. If the conflict arose on this basis and you need to dissuade your spouse from divorce, then you should act purposefully. There is such a thing as sexual incompatibility. If partners do not make mutual concessions, they will inevitably be disappointed.
New love
Sometimes people decide to separate because one of the spouses has met a new love. And although it is painful and offensive, it makes sense to fight for the chosen one. This approach speaks of fortitude, but not of weakness. It is quite possible that this is a temporary hobby that only seems like a real feeling. If you let the situation take its course, it is unlikely that you will be able to cope with despair, anxiety and disappointment in a short time. It is worth understanding in advance that new love is not always the best solution.
Who will the children stay with?
Such a delicate moment as “dividing a child” should happen as smoothly and confidentially as possible. Parents in this situation must decide for themselves who the child will stay with. It is also necessary to take into account the child’s opinion so as not to infringe on his rights.
However, there are situations in which parents cannot adequately approach this issue. In the event of a conflict situation, a decision on this issue is made by the court. The court tries to resolve the situation as independently as possible and understand with whom the child will be better off.
Both magistrates and federal judges deal with issues of divorce in the presence of common minor children. This hearing is in the nature of a civil trial. The parents in it occupy the following position: the plaintiff is the one who filed the application for divorce, and the defendant is the one to whom this application is addressed.
With the help of civil proceedings, the court adequately evaluates both parents and decides with whom the child will be better off. Most often, the decision is made in favor of the mother. A decision in favor of the father is made in very extreme situations, for example: alcoholism, drug addiction of the mother, gambling addiction.
If the spouses do not have any disagreements about who the child will live with, then the divorce is made through a magistrate. In this case, the judge is convinced that there is no conflict and makes a verdict that there is no violation of the rights and freedoms of minor children.
Once convinced of the legality and non-conflict, the court divorces the spouses on their terms.
Reasons for divorce without filing an application to court
Spouses can divorce without going to court, through the registry office. As already mentioned, this is only possible if three conditions are met:
- The spouses mutually demand a divorce.
- The spouses mutually divided the property.
- The spouses have no minor children.
In all other cases, the divorce process goes through the court.
The court will not divorce spouses if the woman is pregnant or the child is under one year of age. But, if a man is not sure of paternity, he has the right to request a genetic test. This is especially important when assigning alimony.
Alimony
Alimony is paid by the spouse who does not live with the child, directly to the child or to his legal representative (former spouse). They can be established either voluntarily by mutual consent of the parents or directly through the court.
If the father of the child does not want or cannot pay alimony of his own free will, then the mother is obliged to go to court. For the mother of a child who demands child support, the father's employer is required to provide a certificate of his income. The mother should only demand the original of the writ of execution; if she receives a copy, she has the right to demand the original. After receiving the writ of execution, it is necessary to calculate and withhold alimony. This is usually done by the court. For one child, one-fourth of the father’s income is withheld; for two children, one-third is withheld.
From what payments is alimony withheld?
Alimony may be deducted from an employee's wages, bonuses, vacation pay, rent received, and dividends.
What payments cannot be withheld from alimony?
Alimony cannot be withheld only from money paid as compensation.
Communication with children
The procedure for communication between a child and a parent who does not live with him is established on a strictly individual basis. In an ideal situation, the mother does not prohibit communication with the child and the father spending weekends with him. However, there are situations when the mother prevents the child from communicating with the father.
What to do in this difficult situation?
In this case, it is better for the father to go to court to defend his right to communicate with the child. The court considers this situation individually and makes an individual decision.
A special schedule must be drawn up, which will spell out:
1. Allow the father to call the child via video and audio in his free time.
2. Give the father the opportunity to pick up the child from school, sections, and individual lessons.
3. Allow the father to spend weekends and holidays with the child.
