How many years is it not permissible for a man to divorce a woman?
In cases where the differences between the spouses are severe, the only way for the spouses to continue their lives is to separate and divorce. In this case, it can be brought up by agreement; And the spouses must act together for a mutual divorce. Or for one of the men and women to ask for divorce unilaterally. Of course, given that the right to divorce in Iran belongs to men, the divorce process on the part of women can be longer. In these situations, the question that is asked to the woman is how many years is it not permissible for a man to divorce a woman? In this article from the best real estate lawyer in Isfahan. We have provided the tips that you should know about this topic.
What are the conditions for divorce by a man?
If the divorce is done by the man, the spouses must pay all the legal rights of the woman, including alimony and alimony, and then the court will consider the divorce application submitted by the man. If the woman is not satisfied with the divorce, she will have the possibility to appeal the court’s decision. However, because the right to divorce in Iran belongs to the man, if both spouses pay everything, he can divorce unilaterally.
What are the conditions for unilateral divorce?
The terms of divorce on the part of the woman are more complex than divorce by mutual consent. Because a woman must present a valid reason for divorcing her husband. Of course, if a man gives the right to divorce his wife in an official notary, then a woman can divorce her husband unilaterally and without reason.
An acceptable reason is the man’s absence from home for 9 consecutive months. Also, if the husband is addicted to alcohol or tobacco, is sentenced to more than 5 years in prison, or the husband makes life difficult for the wife, then the wife can petition for divorce.
The court then considers the conditions and reasons given by the woman. If the reasons for divorce provided by the woman are acceptable, the court unilaterally divorces the woman.
According to Article 1023 of the Civil Code, if a man has been away from his family for 4 years or more and has not visited his wife and children, the woman can file for divorce unilaterally.
If the man does not cause any inconvenience or problems to the woman; and paying alimony and living expenses on time, a woman cannot divorce her husband without having the right to divorce; Therefore, if a woman cannot submit a reason for separation to a legally acceptable court, it will not be possible to apply for a unilateral divorce and separation from her spouse.
In these cases, the husband can prevent the wife from being separated and not divorced, as he wishes; Therefore, if you do not know the legal ways of divorce on the part of a woman to register an application for divorce unilaterally, then it is likely that you will need to spend several years to register and complete the application for divorce.
Being in these situations can show the legal ways to apply for divorce unilaterally to the wife; And to shorten the path of divorce, accompanying the woman. In this case, the man cannot refuse to divorce the woman by presenting the evidence and reasons he has, and the divorce case is decided faster. Because divorce lawyers choose reasons to prove the wife’s inability to continue living, which is why the law issues a judgment of divorce; Ordinary people don’t know enough about them. If the divorce case has not been discussed unilaterally and the husband and wife intend to separate by agreement and settlement, this can help them advance the case faster.
If the man does not divorce, how can the woman obtain a divorce?
This case can be found in Article 1133 of the Civil Code. It was stated in this article that if a man does not divorce her, there are other ways in addition to fulfilling the conditions contained in Articles 1119, 1129 and 1130. In the following, we will provide a full explanation of these elements.
1- Through alimony
Article 1129 provides for the right of a woman to obtain a divorce through alimony. That is, if a man refuses to pay alimony to a woman and does not pay her what is due to her, then the woman can obtain a divorce judgment. Of course, before that, the man is ordered to pay once, and if he does not pay again, the woman can get a divorce. Consult for complete information.
It may be asked if the man does not divorce, can the woman divorce and continue this divorce from the dowry? The answer must be no. Whether or not the woman took a dowry, this did not affect the divorce decree. Perhaps a dowry could be used in agreements between a man and a woman, but it would not be effective on its own and through the law.
2- Through the terms of the contract
If the man does not divorce, the woman can obtain a divorce based on the letter signed by both parties. In fact, any condition mentioned in the contract and signed by both parties is mandatory, and if it is not done, it may be subject to legal action. For example, in the terms of this marriage contract, it must be stated that if the man chooses another wife or disappears for a while, etc., then the woman has the right to divorce. In fact, in this place, a woman can ask for a divorce by referring to the terms in the contract that the man has violated.
3 – The right to divorce
There is another type of right of divorce, called the right of notarized divorce, which is given to the woman after the marriage has been concluded in the notary and home office. In this type of divorce, the wife has a power of attorney to separate, and even if the man does not divorce, the woman can obtain a divorce. Read the article for more information.
The right to divorce can also come in the form of conditions included in the contract. This means that the contract should mention the woman’s right to divorce. In this case, with the contract signed by both parties, the woman has the right to divorce, and even if the man does not divorce, the woman can divorce.
4- Under what conditions can a woman get divorced if the man does not divorce her? (method to follow up from court)
In addition to the above, there is another way to divorce a woman, which is as follows:
There is a definition in civil law, which is era and embarrassment. Difficulty means that a person is in such difficulty that he is unable to continue. This is also the case for divorce. That is, if a situation arises in life that the woman obstructs so that she cannot continue in life, even if the man does not divorce the right to divorce. Cases of difficulty and embarrassment are mentioned in the law and in Article 1130 of the Civil Code. Article 1130 of the Civil Code states the following:
If the duration of the marriage causes hardship and embarrassment to the wife, she can refer to the legal guardian and ask for a divorce. If the difficulty and embarrassment are proven in the court, then the court may force the husband to divorce, and if force is not possible, then the wife will be divorced with the permission of the legitimate ruler. Examples of hardship and embarrassment include:
- 1 – Leaving the husband’s family life for at least six consecutive months or nine alternative months within a year without an acceptable excuse.
- 2- The husband’s addiction to one of the types of drugs or his addiction to alcoholic beverages that caused the disruption of family life and his refusal or the impossibility of forcing him to quit during the period that was necessary to quit addiction as determined by the doctor. .
- 3- Conviction of the spouses to imprisonment for five years or more.
- 4- Beating or any kind of continuous misbehavior of the husband, which is not acceptable to the wife.
- 5- The husband suffers from an incurable or communicable mental illness or any other incurable condition that disturbs public life.
It is worth noting that the above cases are only examples of difficulties and embarrassment. That is, if other cases and conditions are met and the court decides that it is a case of difficulty and embarrassment, the woman can obtain a divorce. in defining difficulty and awkwardness custom Society has a huge impact.
As mentioned in this article, rules have been established for non-consensual divorce on the part of the woman, which must be checked to obtain the ruling. If the man does not divorce, the woman can divorce, but the conditions specified in the law must be met in order for the divorce decree to be issued. Documentary documents must also be submitted to the court to substantiate the wife’s claims. You can refer to Ava Vakil for more information and to choose the right attorney. Avai Vakil is ready to serve you with its experienced team and will assist you in resolving legal issues. Just call us.
Frequently Asked Questions
Are you a woman?theDoes she have a divorce if the man does not agree?
In the event of unilateral divorce, the wife must present to the court acceptable reasons such as the husband’s drug addiction or the husband’s incapacity.
How long does the divorce process take?thedo you kill
Depending on whether or not the spouses are satisfied with the divorce and agree to separate, the time required for the divorce will be different.
The wife may, in the event of non-payment of alimonytheDid he get a divorce?
Given that the payment of alimony is a legal duty of both spouses; If the man does not pay alimony, the woman can get a divorce.
source:
vakilchi.com
