Divorce is a difficult path for spouses who have made such a decision. Sometimes a husband and wife come to a mutual agreement to terminate the marriage, and the process is much simpler. This applies to both the emotional and material planes. But most often, the initiator of the gap is someone alone. This greatly complicates the task. What if the husband filed for divorce?
It is clear that the divorce process is a very stressful moment. The undermined emotional state of one of the spouses may become the reason for the suspension of this process, the conditions of which are strictly regulated by law.
Which way to choose in your situation? It all depends on the mutual or unilateral desire of one of the partners. A huge role in the process is played by minor children and the availability of expensive property. It is difficult for women to survive such a process if the husband first filed for divorce. Is there a chance to save marriage? Will consultations with a psychologist help save the family? What to count on in such a situation? You will learn about all this in the article.
Peace Divorce
The concept of peaceful divorce is considered in the case when the couple together came to such a decision. An important condition for this is the following points:
- Spouses have no children.
- In a joint marriage, no expensive property was acquired (nothing will have to be shared).
There are some cases in which a divorce occurs in a short time, namely:
- One of the spouses is missing or dead.
- With a person sentenced to more than 3 years.
A voluntary divorce is made at the registry office, where a marriage was registered or at the place of residence of one of the spouses. Usually the procedure takes 1 calendar month, in the presence of all documents and no refusal.
Divorce through court
The need to go to court to get a divorce arises for a number of reasons. For example, if one of the spouses is against it. Also, the reason for the lawsuit is the division of jointly acquired property and the decision with whom the children will live (common, adopted). In the normal course of the process, the divorce of spouses takes 30 calendar days, but no more than 6 months. During this period, the following issues are resolved:
- Who the child will live with.
- The order of appointment of alimony.
- Section of property (determines the rights of spouses on property).
- The possibility of divorce.
The last rule is specified in the case when the husband is the first to file for divorce. Can a husband file for divorce if the woman is in position? In this case, he will be refused.
Also, to refuse to accept the statement of claim will be the fact of having a child (joint) who has not yet turned 1 year old. Unlike the husband, the wife has more rights. She can leave (divorce) regardless of her position. Some men take this opportunity to intimidate or bribe their wives in order to disperse without any problems.
Children's rights when parents divorce
If the spouses who decide to divorce have children, then the property law of the child is considered in court. It should be understood that the property of children is not subject to division between spouses. It can be personal belongings of the child (clothes, toys, bed, stroller, etc.). Also, the shares of children in the apartment (house) are not divided. Gifts, children's personal accounts, items bought with personal money or a scholarship also have nothing to do with the section.
The court determines with whom the child will live, given his opinion. This right is enjoyed by a child over 10 years old. But, despite the opinion, this moment does not become decisive. The following factors influence the court decision with whom the child will remain:
- The financial situation of parents. There is no established criterion, of course. Therefore, even if the father of the child will earn a lot, then this is not a guarantee of an automatic court decision in his favor.
- An important role in a court decision is played by family relationships.
- Schedule (and the work itself) of parents.
- Social circle of parents.
In the decision-making process, everything can change. Indeed, objective circumstances may arise that change the picture of representation in court.
How to negotiate with your spouse about children
The best option in a situation where the ex-husband and wife cannot share the children is a written agreement. After all, you yourself understand, everything happens in life, people stopped loving each other, and children equally continue to love mom and dad. Spouses who do not see the point of infringing on the children's right to communicate with their father or mother come to the decision to draw up a written agreement.
Having decided to draw up such an agreement, you need to assure him of a notary. To begin with, a draft is prepared, with which both parents are sent to the judge. If all the conditions suit the court and the parents, then the agreement comes into force. Otherwise, if there are comments from the court, such an agreement is canceled (not accepted). Both parties sign the agreement absolutely on a voluntary basis. This is not an obligation.
Division of property and alimony
When parting, the once happy family begins to share jointly acquired property. None of the spouses wants to stay in the "fools." After all, it happens that someone earned more and, accordingly, spent more on buying equipment, machinery and real estate than another. Do you have to divide in half? In addition, in addition to acquired assets, shared debts are also shared.
Such friction will be resolved regardless of the presence of children. Of course, the court will take into account certain moments when certain items are transferred to one of the spouses who will raise children. Sometimes, disputes on alimony and housing are resolved by transferring their share of housing to one of the spouses (raising children) on account of alimony. In this case, the wife or husband who received the apartment must write a waiver of alimony.
For the division of common property (car, cottage, apartment), the court recommends that the spouses agree together on whom, what will become the property. Otherwise, without understanding, the spouses must provide evidence to their claims.
Why can a husband leave the family
The reasons for this phenomenon are many. In the first stages of a relationship, partners burn out of love. However, family life does not only mean sex and walking under the moonlight. Wearing the coveted little ring on the finger, over time, the woman relaxes. However, the man too.
Anything can be the cause of a divorce. From quarrels over uncleaned dishes to treason by one of the spouses. The partners have no common interests, they have nothing to talk about, except about buying food and paying bills. Different outlooks on life can become a stumbling block. Lack of sexual satisfaction can harm marriage.
How to survive a divorce
To return to normal life after the husband filed for divorce, for many women it becomes a difficult task. How to get back on your feet and stop suffering? There are a few tips that might make it easier for you to "recover" after a painful breakup:
- No matter how hard it is, you need to learn how to let go. Women share tips on the forum: "The husband filed for divorce, and there was nothing left but to let him go." And it is right. After all, it’s hard to keep a person who is already experiencing nothing good for you.
- In the period after the divorce, you need to keep yourself in control and do not indulge "in all serious ways." Alcohol, casual relationships and other ways to fill the void will not help get rid of the pain. This can only exacerbate the problem. Better find yourself a “distracting” occupation that will bring benefits and joy. For example, dancing or fitness, sewing or drawing. A lot of options.
A woman should not give up on herself after breaking up with her husband. She remains the same beautiful and unique person that she was before her marriage. The main thing is not to forget about it.
Is there a chance to get my husband back
Nothing just happens. If your husband filed for divorce, then there were reasons for that. And if the trial has already passed, and you still can’t forget your ex and you want to be only with him, then there is always a chance to return your husband. It is simply important to understand why this happened, and to acknowledge your mistakes. Perhaps you got excited and talked too much, which provoked the divorce process. Or maybe they just didn’t notice that the spouse was missing something in the marriage.
If the reason that the husband filed a lawsuit for divorce was the mistress, then here there are plenty of options. Not the fact that after some time she will get tired of him. However, the chance that the former is aware of the difference between you and her in your favor will return to ask for forgiveness. If a woman after a divorce does not turn sour and continues her life journey, regardless of the circumstances, then this is only to her benefit. Men are curious in nature. And your success and radiance can play into your hands in an attempt to attract the attention of the former and return him to the family.
How to stop a divorce from her husband
If the husband has filed for divorce, then this is not the end. For a woman who seeks to save the family, there is a chance to stop this process. However, most of them make such mistakes that further repel a loved one. And all the fault is the oppressed and confused state of the woman in such a situation.
There is no single recipe for restoring relationships. However, it is worth revising your views on life and on your attitude to the soulmate. After all, the reasons why the husband says he will file for divorce do not always seem significant. Such a decision is not born from scratch. There are several ways that can help remove such thoughts from your husband’s head:
- A woman should pay attention to her partner, listen to him, delve into the essence. After all, every person is pleased to share their experiences. Otherwise, when a man does not want to listen, he becomes lonely.
- Years of marriage become bland. Here the fantasy and romanticism of a woman can help. Do not skimp on the manifestation of feelings. A romantic meeting can be a decisive factor in deciding to file for divorce. Perhaps the man lacks pleasant moments, and he is tired of living "Groundhog Day."
- Do not pile your problems on your chosen one. Although women are used to believing that a man is strong and must decide everything, this does not mean a happy outcome. This does not improve the relationship, but only puts the partner away, giving him the feeling that he is just an auxiliary item in his wife’s life, and not his beloved man.
Perhaps such simple tips will help someone save the marriage. There is nothing wrong with the fact that a woman will first try to establish a relationship. After all, men may not dare to restore relations, believing that the spouse simply does not need it.
Therefore, remember, if the husband filed for divorce, this does not mean that he necessarily had another woman. Maybe he's just tired of the routine. We all get tired. Love your soul mates, take care of the family hearth. After all, who else can, except for a loving wife.