Can a husband file for divorce?
Divorce at the initiative of the husband in our time is common. The reasons are different: betrayal, misunderstanding on the part of the spouse. So if husband filed for divorce, what to do wife? Does he have the right to do so? This is discussed in this article.
Features of divorce at the request of the husband
According to the Family Code of the Russian Federation, spouses are granted equal rights regarding divorce. The rupture of relations can be made by mutual agreement or at the request of one of the parties. By law, a husband has the right to apply to the registry office without the consent of his wife when she:
- declared incompetent and there is a supporting paper;
- condemned;
- went missing.
In all other cases, if Husband wants to file for divorce then you need to go to court. However, here his rights are quite limited in that he will not be able to terminate the relationship in the following cases:
- the spouse is in a position;
- I have a baby under 1 year old.
Necessary conditions and grounds
The procedure for terminating a marriage through the registration authorities is simple and optimal in terms of time, but when there are disagreements in the relationship, it is better to contact the judicial authorities.
If husband filed and the spouse does not want to be present in court, she has the right:
- Fails to appear in court three times. The judge will issue a judgment. The divorce decree will be sent to the defendant's address.
- Write a statement in which you need to indicate that the claims of the plaintiff are considered without the presence of the defendant.
- Send your representative to the court, which can legally defend the legitimate interests.
What to do if the husband filed for divorce, and the wife is against
Regardless of whether the wife agrees to the divorce or not, the husband has the right to go to court with a statement of claim. There are cases when a woman expresses her disagreement with a divorce by not appearing in court. She assumes that the judge in this case will decide not in favor of the plaintiff. This is wrong. Avoiding or refusing to attend meetings is delaying the process. Therefore, if the wife found out that Husband sued for divorce, and she has good reasons for maintaining relations, then it is imperative to appear so that the judge sets a deadline for reconciliation.
The Family Code of the Russian Federation does not indicate specific grounds on which spouses who have not reached a common decision can be divorced. The judge takes into account the reasons for the inability to save the marriage. And if the decision is not in favor of the defendant, he has the right to challenge it.
Thus, divorce itself does not cause any particular difficulties. The situation is much more difficult when husband filed for divorce and the wife is trying to save the relationship.
