When does the husband disagree with the divorce? Can a wife not give a divorce?

The filing of a petition for divorce by one spouse does not automatically mean that such a divorce will be obtained. This is because the other spouse has the right to disagree with the divorce. The reasons for the decision to disagree may vary. A spouse’s lack of consent to divorce makes it impossible for a spouse who has filed for divorce to request that the court declare a divorce without adjudication of fault. Indeed, the court may refrain from adjudicating guilt when both spouses unanimously request it. If one of the parties in general does not agree to a divorce, the court must examine whether there was a breakup of the parties’ marriage, and if so, through whose fault. As a rule, the spouse’s consent is not needed for anything. The court does not have to have the consent of both spouses to pronounce a divorce. This is because it is enough if, after an evidentiary investigation, it is convinced that there has been a complete and permanent breakdown of the marital bond between the parties, that is, the spiritual, physical and economic bond.

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top