Divorce is a phenomenon that consists of psychological and legal parts. The separation of spouses affects not only their emotional state. It generates a lot of problems related to the financial situation, and the legal status of both the spouse and the children in marriage. That is why the decision to end family life does not come overnight.
As a rule, this is a long process accompanied by an analysis of relationships existing in the family, attempts to rectify the situation, find points of contact or a succession of concessions that, from the spouse, can contribute to the preservation of the family.
Unfortunately, these steps do not always lead to the desired result. Then the acute question arises: how to get a divorce from a husband? How to start this unpleasant and challenging process? What should be done to start a new life with dignity and with minimal losses? More often, women ask these questions, since according to statistics a divorce initiated by the wife occurs in 85% of cases.
Causes of divorce
There are extensive sociological studies that, based on surveys and statistical analysis, provide a reasonably objective picture of the reasons why the former spouses made this difficult decision.
Among them in the first place is the psychological incompatibility and infantilism of one or both spouses, their inability to live together egoism or rude attitude towards a life partner. Moving on, inability or unwillingness to build relationships based not only on sexual contact but on mutual respect play a considerable role. Also, feeling responsible for making decisions, caring for a person who has become not just an episodic partner, but has acquired an entirely different legal status after the conclusion of marriage and has the right to apply for individual wealth, love and care on the part of the wife are essential. In statistics, these reasons are given by 42% of people.
The second reason that is called by 23% of ex-husbands and 31% of ex-wives is drunkenness. And not domestic, which is widespread in the USA, but systematic, of progressive nature. When a spouse, under addiction, begins to cause damage to the material interests of the family, ceases to care about the second spouse, children, begins to react inappropriately to the surrounding reality and loses interest in maintaining marriage relations.
The third position is marital infidelity. It is indicated by 15% of women and 12% of men.
What you need to get a divorce
Compliance with the sequence of actions and collecting the necessary documents will significantly facilitate the separation initiated by the wife or husband.
First of all, she or he should take care to secure the legal status of the property that was acquired during the marriage. In this way, he or she can provide not only her further life but also the lives of children, who in the vast majority of cases remain with their mother.
The most important of the material acquisitions during the marriage is real estate – an apartment or house.
It should be recalled or established according to the available documents to whom, and in what shares real estate belongs. If by the time of the divorce the property rights are not fully registered, the separation should be delayed, since when dividing the property in court, the main argument for the court will be title documents confirming the right of one of the spouses to a share in the capital, rather than their oral statements.
Vehicles are also valuable. If it is registered for one husband, and his wife uses it by proxy, then there is a great chance to lose the vehicle after a divorce.
Particular attention should be paid to the apartment if it is not privatized by the period of the divorce. This process should be maximally forced.
You can apply for divorce putting in order the legal status of the property. If the spouses do not have joint minor children, and the relationship is more or less negotiable, then in the absence of objections to the dissolution of the marriage on the part of the husband, the easiest way is to dissolve the union in a registry office.
This process will take precisely one month and will not require the presence of divorcing spouses at the registration of a divorce. The division of property, in this case, is carried out by agreement and is formalized by signing a contract, which must be certified by a notary.
If the spouse does not agree to a divorce, it was not possible to reach a compromise on the division of property, or there are joint children (including adopted children), the separation is possible only in a judicial proceeding.
You will have to go to court at the place of residence (registration) of the spouse who initiated the divorce. The application form that will need to be written is usually on the stand of any court and is not difficult. At the same time, the reason that prompted the divorce may be indicated, or it may be omitted if it affects the intimate aspects of the life of the spouses.
Also in the application, you can apply for a closed hearing of the case without the participation of unauthorized persons.
In addition to the reason for the divorce, it is imperative that, at the same time, a request for divorce should be filed with a petition for the recovery of alimony for minor children and the division of joint property.
Many women postpone solving these issues for a long time. This will require one or more lawsuits, loss of time and unnecessary worries.
If the claim for the recovery of alimony is not subject to state duty, then the requirement for the division of property is payable. The amount of state duty will depend on the value of the property to be divided. It is straightforward to calculate it: go to the court website in which a lawsuit is filed for divorce, and open a “state duty calculator” and enter the value of the property that is planned to be divided.
Be sure to remember that the magistrates consider claims for the division of property only if its value does not exceed 50,000 dollars.
In other cases, a petition for divorce and division of property should be filed with the district court.
Particular attention should be paid to the collection of evidence on the amount of income before divorcing her husband if he does not have a permanent job and the salary he receives is variable or unstable in size. In this case, you should apply for the recovery of alimony, not in percentage of revenue, but substantial monetary terms. This guarantees the receipt of funds for the maintenance of children, regardless of the size of the income received by the father.
When deciding on a divorce, it should be remembered that according to statistics, only 27% of women remarry. Only 56% of them are happy in remarriage. Thus, the probability of finding new marital happiness comes with only 15% of the fairer sex.
Divorce and children
The divorce procedure will be more difficult if you have young children or property acquired through joint labor. The fact is that not all parting spouses properly and amicably share the wealth and agree on the education of children and joint participation in their lives.
Documents required for divorce
When you are prepared morally, have brought yourself to a state of calm, you must study the order of actions that should be performed before starting a divorce case. If the spouses failed to keep their family hearth, then it remains for them to issue a divorce correctly and without scandals, so that from the legal side of things, everything would be appropriate.
Divorce without children
If the spouses have lived together for a relatively short time, not having time to have babies, then their divorce process will be significantly simplified, it will require the very minimum of documents. We are talking about the following: civil passports, receipt of payment of state duty, marriage certificate, and also a statement about the dissolution of marriage.
It is essential that the divorce process is by mutual desire, and also does not contain claims for any property. In the case when there are claims or if one of the spouses refuses completely to dissolve the marriage, the initiator of the divorce must go to court.
Proper behavior during a divorce
It is necessary at all costs to keep calm and behave with dignity. This will be the main rule during the divorce. After analyzing your whole life together, as well as your emotional state, perhaps even experience, you can conclude that the next life with this person is not possible.
The decision must be communicated to the spouse very calmly and without insults or reproaches. Yes, this is a tough decision; it is difficult to talk about it, especially if a person has a lot of resentment or problems.