Did you know that more women are seeking a divorce than men? And that the percentage of men who accept it is less than 50 percent? That’s right, men pray and do not grant a divorce to their wives, while women do it in greater numbers and more easily. And then a lot of questions appear, why does this happen? Let’s try to unravel it.
I have never been in favor of divorce, but I recognize and accept that in some cases it is not only necessary but indispensable. If it is your case that you are looking for a divorce and it is not time that they grant it to you, knowing some reasons why your ex-partner does not want to give it to you, this article could help you find options and expedite the necessary procedures.
- 1 Let’s Talk About Some Cases And Their Possible Solutions
- 2 Can You Get A Divorce If Your Partner Doesn’t Want To?
- 3 Requirements For Divorce If There Is No Agreement
- 4 Some Conclusions About Divorce When One Of The Parties Disagrees
Let’s Talk About Some Cases And Their Possible Solutions
In Latin American culture it is still considered a terrible insult to manhood that a woman leaves the man, whatever the reason is. It is an affront to his masculinity and condition and, therefore, yielding and signing the separation documents means accepting that you have defeated and humiliated him.
If, when discussing this matter, you perceive that what is in the background is nothing more than hurt pride, choose to appeal to his mercy; Yes, as you read it, shout out the cries, the claims and be smarter, you lived with him and you know him.
Take the teaching of life in gorilla society: when a younger or female gorilla seeks “favor” and the authorization of the strongest gorilla, he lowers his eyes, bows his head and offers a hand. Then the strong gorilla knows himself recognized, superior and with power and lets them live …
You Know What I Mean Now?
Me, Then Me And Me Too
Fear of being left alone, manipulation, jealousy and everything that has to do with thinking only of your benefit can be great obstacles. Not getting a divorce can be the false idea that you are still his and that only you belong to him.
Again, if this is the background, it offers just the opposite of what it deserves: it speaks of the importance of its presence in the lives of children, the need to continue to relate appropriately for the good of all and especially of children. Do not threaten him to disappear, take the children, and things that you know are affecting him.
Difficult, perhaps, but I repeat, you are smarter and can plan a great strategy that favors really all parties.
He Doesn’t Want You To Remarry Or Have Another Serious Relationship
That’s right, as they say in my land, “Mine or nobody’s.” An idea is so retrograde and has caused so much damage, but true. Many men simply will not divorce even if they no longer live together, they have another relationship and even you already see someone else. The idea that your freedom belongs to them is what sustains them and they will not let you go, because in some wrong way you are their property.
Here now comes the recommendation to search the law, through a lawyer, some recess and all possible ways to achieve it. Filing a civil trial is one of the most common options, consult your lawyer and government or civil authorities to protect women.
The Blessed Second Chance
There is what we know here as the so-called “second chance”. Dear reader, be more than intelligent to discern and make the right decision. Consult your heart, listen to your mind or ask God for wisdom, it is finally about your marriage and everyone’s happiness.
You have to be honest enough with yourself to accept an apology, offer another, apologize, forgive and return or say goodbye forever with a clear conscience.
And Expenses, How Are We Going To Distribute Them?
Sometimes men hide the terrible truth with pretexts: they have no money, they cannot pay for the divorce. This solution is easy. Pay and work the problem off.
The other, the worst: does not want to give up the properties, distribute the money or goods that you made together. If lawyers cannot solve it and there is no way, think about the following: how much is your freedom and peace of mind worth? Are you willing to pay the price? Do you want to win the war or just a battle? Be careful not to be the same as you judge in your ex-husband.
He Was Not Dead, He Was At A Party
One day the husband went out to buy diapers and never returned, it is the old story of many. If he disappeared, he no longer lives with you, his whereabouts are unknown or even if you imagine him, he is far away and has not shown signs of life in years. If you want to separate, it is no problem, consult a lawyer or go to a protection institute to the woman to know the procedures that you will have to do to conclude the matter.
If you are sure to end a relationship as important as marriage, I recommend doing things the right way, take the necessary time, use your own resources if necessary, but I repeat: do things well. Your dignity, good name, and respect go through and if that does not hurry you, think of your children, they deserve a good example of how to conduct themselves in life honestly and responsibly, and you can do.
Can You Get A Divorce If Your Partner Doesn’t Want To?
The answer, so as not to delay it any longer, is yes. According to the legislation in force at the moment, there is no need for the consent of the other party to access that marital status.
We must never confuse canon law with civil law. The first, which is applied by the Catholic Church, states that when one person marries another through this institution it is for a lifetime. Therefore, for you, even though there is divorce, you will still be married. Beyond that, this has no impact on the normal life of the affected subjects.
On the other hand, civil law, which prevails, gives priority to a subject not having to maintain the link against his will and having to live with that person.
It should be noted that this was not the case before. At least, not exactly. The law on the original divorce provided that the marriage bond could be broken if one of the parties was unwilling to do so as long as there was a reason provided for in the legal text. The last amendment to the divorce law ended this issue.
Requirements For Divorce If There Is No Agreement
The legislation in force at the moment only contains a few small requirements so that a person can access the divorce in this way. In particular, it states that it is essential that at least three months have elapsed since the marriage and that one of the parties formally request it.
The best way to divorce is by mutual agreement. This is mainly due to the fact that the process is rapidly and noticeably cheaper for both parties. It establishes the formulas that will regulate ruptures. This is the point at which the possible alimony, compensatory pensions, and child custody regime should be negotiated if there were any, and all other aspects concerning the marriage society to be dissolved.
It should be remembered that the mutual agreement only regulates how the divorce will take place, not the divorce itself. In this regard, the concerned party is under an obligation to apply a divorce application in a court that has been drafted by a lawyer and wait for the commencement of action, which usually does not take more than a few days.
What Happens When There Is No Agreement Between The Parties?
We have already commented that one person cannot, under any circumstances, prevent another from divorcing themselves. However, it can condition the way this will occur. In fact, it is in a position to delay it and, above all, to make it more expensive. Generally, this is what all those people who tell their partners that they are not willing to grant them a divorce, even if they do not know exactly.
In case there is an agreement between the parties, there is an ‘express’ divorce. It receives this name because it is processed in a few days provided that the requirement mentioned in the previous paragraph has been fulfilled. It is sufficient that the agreement has been drawn up and signed by both parties.
On the other hand, if this agreement does not take place, the divorce will go to the litigation and a judge will be responsible for regulating the breach. In this regard, it shall establish, on the basis of its judgement, all the aspects covered by the divorce agreement between the two parties and shall oblige them to comply with it.
It should be noted that a party who does not wish to grant a divorce may request his or her lawyer to submit all written complaints, appeals, and objections both to the divorce petition and to the judgment issued by the judge to delay the proceedings as far as possible. In fact, they have the power to bring the case to the Provincial Court if they consider it important. However, this entails several expenses on lawyers, prosecutors, detectives, fees, experts and other very considerable elements.
All of this can delay the divorce process for a year or two. The result will be the same since, as a general rule, common sense prevails in divorce decisions. In fact, they are based on aspects that could have been agreed without difficulty.
In any case, we want to remember that, even if the contentious route is used, divorce will occur yes or yes as long as one of the parties is determined to get it.
Some Conclusions About Divorce When One Of The Parties Disagrees
We are going to end this article by summarizing the main points we have covered in this article so that it goes away with the clearest ideas about what happens when one of the two parties does not want to divorce.
First of all, you don’t need your partner to give you consent so you can divorce him. It must have only been more than three months since you married him.
Second, if you reach an agreement on how you will divorce, save time and money as it will be based on the formula known as the ‘express’ divorce. In a few weeks you will have dissolved your commitment and your bond.
Finally, if there is no agreement, it will be a judge, through the contentious procedure, who decides on how the separation should be carried out. Just as long as one of you wants, there will always be a divorce sooner or later.
We hope that you have been helpful and that you have better understood what happens when one part of the couple wants to divorce and the other part does not.