Family life is not always accompanied by happiness and understanding. It so happens that the beautiful story of eternal love was not embodied in reality by one of the spouses deciding to finally break the marriage with the person from which it no longer makes sense to expect a happy family life, birth of children and other joys. It should be taken into account that in a situation when for one reason or another it is difficult to dissolve a marriage by mutual consent and even when there is at least one minor child living together, an appeal to the appropriate judicial authority with the claim divorce unilaterally inevitable.
How to divorce through the court unilaterally
Naturally, the right of individuals to terminate a marriage whether male or female is inalienable and therefore any capable person has a guaranteed opportunity to file for divorce unilaterally if the companion of life does not suit them. However, not in all cases it is possible to achieve a divorce without hindrance without the consent of the other spouse. Have you thought of filing the divorce petition? Without the petition your case can not be placed in front of the court. For that you need a lawyer to write the legal draft. But wait, have you thought to draft the divorce petition on your own? If not then this is the time. You can not only draft the divorce petition on your own but you can save the lawyer fees and even the fees of the court proceeding if your economic condition is not stabilized. You can ask for any legal help that you need. Visit website to follow the very basic 4 steps and you will find that getting divorce or filing a petition for that without a lawyer is easier and possible.
What are the issues?
It is necessary to distinguish the dissolution of a marriage on the initiative of one of the spouses without the consent of the second from the dissolution of the marriage unconditionally unilaterally, not requiring consent or even taking into account the opinion of the second spouse. Thus, each spouse has the right to demand the dissolution of a marriage on their own initiative through the court at any time, and unilaterally only in cases strictly provided for by law.
Conclusion: simple rules to know
The law establishes a number of restrictions on unilateral divorce against men. Among them, a divorce during the pregnancy of wife as well as a divorce until the common child reaches the age of one. In these cases, the claim for divorce is not subject to satisfaction if the man initiates the divorce and the spouse objects to the satisfaction. Despite all the difficulties in the case of a divorce, the magistrate will sooner or later meet the requirement of one of the spouses to divorce. At the same time, if one of the parties does not agree and submits a petition for a deadline for reconciliation of the parties, the court does not have the right to refuse this and the decision on divorce can be significantly delayed, usually exceeding the three-month period, taking into account the effective time.