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The conditions and manner of Absentee divorce

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Absentee divorce

Each of us may have heard the term absentee divorce many times and at different times. It is interesting to know that issuing a judgment in absentia is not true only in the case of divorce. According to Article 68 of the Civil Procedure Law, if the people involved in any case are not present at the court and are convicted, the court can issue a sentence of conviction in their absence.

Submitting a divorce petition to the court

Absence of people in the court session can have various reasons. These reasons can vary from not receiving the court’s notification to the absence of the court. The discussion of divorce in absentia is also derived from this law, and based on it, if one of the parties involved in the case does not appear in court and the court orders separation in the absence of the court, so to speak, we say that the court has allowed divorce in absentia.

Contrary to what some people think, issuing a verdict in absentia is not only done in cases requested by women. Men can also go to the court in the absence of women and proceed to pursue their divorce request.

Absentee divorce

How can we convince the court to Absentee divorce?

In general, there are three situations based on which the court can be convinced to issue a divorce decree in absentia. According to the first condition, the man must be completely ineffective. According to the second condition, a woman should be able to have a valid reason for separating from her husband despite the fact that he is not missing.

In this situation, if the man is unable to appear in court for any reason, the judge can issue a divorce order for him from his wife in absentia. The third condition is that the man, by accepting the conditions of the court in relation to issues related to marriage rights such as payment of dowry, convinces the judge to issue a divorce decree without the presence of his wife. In the following, we will provide more explanations about each of these conditions.

Divorce conditions in the absence of a man from a woman

Now that you have become aware of the nature of the issue of divorce in absentia and how to execute the judgment in absentia, you can probably analyze the rest of the contents of this article well and depending on your circumstances. In the following, we want to take a closer look at the discussion of the divorce request in absentia by the man.

According to Article 1133 of the Civil Code, a man can finalize his divorce request without presenting a bill and even without the presence of a woman in court sessions. If the chance of the court agreeing to the divorce decree requested by the man is close to 100%, however, until the man is able to meet the legal conditions set for divorce, the decree will not be executed definitively.

In addition, women whose husbands have applied for the execution of the divorce decree in absentia can appeal to the court that issued the decree within 20 days from the issuance of the decree. Note that the court’s legal conditions for finalizing the divorce decree in absentia are not only about dowry payment. The court pronounces the divorce decree definitively only if the man is able to afford the alimony for the days of Idah and arrears and the reparation. In fact, alms is a fee that a woman receives from her husband for obeying her.

If the man requests Absentee divorce, on what basis will the marriage rights be calculated?

As we said, considering that the right to divorce in marriage belongs to the man, he can submit his divorce request to the court without presenting a bill. However, this does not mean that the man will be exempt from paying dowry in this situation. Ironically, the court only legally records the separation of a man from his wife if the man undertakes to pay his wife’s financial rights.

Legal conditions for registration of divorce in absentia by a man

Of course, if a man can convince the court of his inability to pay the dowry in one lump sum, he can pay his wife’s dowry in installments by receiving a petition to withdraw the payment. There are also laws regarding property division, which it is better to take a look at.

Note that due to the submission of a divorce request by the man in divorce cases that are pursued in absentia, the division of property will be done by default based on the discretion of the judge. Note that the halving of property is done only for property that has been given to the spouse after the date of marriage.

To override the default order, you should check the various notes given for it to see if you will find a solution to override it or not. For example, if you can prove that your wife has violated her marital duties, you can prevent the execution of the property division order. In addition, if the men hand over their property to another person before filing for divorce, the property division order will lose its enforcement.

Absentee divorce

Submitting a request for divorce in absentia by the woman

Divorce conditions for the absence of a woman from a man are not so complicated. It is enough for the wife to inform the court of sufficient reasons for separating from her husband, so that the court will issue the initial divorce summons to the man. Confronting a man with a summons can be done in two real ways (Article 68 of the Law of Procedure) and legal (Article 70 and Article 69 of the Law of Procedure).

Seal of divorce in the birth certificate

If the man could not appear in court on the appointed date for any reason, the court verdict will be communicated to him in absentia. In such circumstances, the discussion of dividing the property in half is ruled out because the divorce request has been presented to the court by the woman.

Absentee divorce request from the missing man

If a man is absent for a period of 6 months, 4 to a year, the woman can apply for the divorce decree in absentia by referring to Article 1029 of the Civil Code and paragraphs 8 and 11 of the contract. How is this period of 6 months to 4 years determined?

The point here is that the 6-month period for requesting divorce will be allowed only if the man has signed the printed terms of the contract during the marriage. The four-year term is the maximum time a woman must wait for the execution of a divorce decree. In other words, if a woman is unaware of her husband for four years, she can execute her divorce decree definitively.

The last word

Laws related to divorce have their own complexities. In order to be able to proceed with a divorce case in absentia, you must be well aware of these complications. Based on their mastery of divorce laws, lawyers can use different methods to proceed with absentee divorce.

Among these methods, one can refer to the Dispute Resolution Council to confirm the arrears of alimony. Note that if instead of each of the parties involved in divorce cases, their lawyer is present at the court hearings, the court verdict will be removed from absentee status.

To get more information and not make a mistake in this matter, be sure to consult with the family law attorney of Dadista Legal Institute.

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FAQ
What is the length of time that a woman is required to be absent to apply for divorce?
The length of women's period in different cases, depending on the type of case, starts from three times of women's menstruation.
In what case is the absence of the husband proven?
If a woman publishes information about her husband's disappearance in newspapers for three months in one-month periods and does not receive any results.
How will children's custody be decided in absentee divorce cases?
The custody of the children will be the responsibility of the mother until the age of 7, and after that, the responsibility of the father.

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