Refusal of Divorce and Its Consequences

in law •  4 months ago 

Denial of divorce can come from any of the spouses. What if one of the spouses does not agree to a divorce, and at what stage can I withdraw my application in the event of a divorce?

In the absence of young children to terminate the marriage is not difficult. This can be done even if the second spouse does not agree with the termination of the contract.

Even if one of the parties received a refusal to terminate the marriage, this is not the reason for the divorce. The only exception is the case where the denial of divorce comes from a pregnant woman or if the child has not yet reached the age of one year.

After receiving a statement of claim from one of the spouses, the court appoints a hearing date. If both spouses are not present, then their refusal to terminate the marriage is considered, and the case is closed. If only one of the wives refuses, then the reasons for his refusal are clarified, then a new meeting is appointed and the court gives a match duration of not more than three months to the wives. If during this time the statement of claim from the court is not accepted, then the court’s decision on divorce follows.

Specialists like Lydia Moritz Family Law of the legal corporation pay attention to the fact that in case of a waiver of the claim for divorce, the case immediately stops. In this case, unlike the claim for other categories of cases, you can withdraw your claim at any time, even during the court session. At the same time, it is required to write a statement on the refusal to dissolve the marriage. If the spouse who filed the suit refuses it, this does not entail any negative consequences and sanctions.

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