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Application process and divorce registration

How to get a divorce

Divorce and writing about it may seem very inappropriate at first glance, but with a simple look at the problems of families and the statistics of separations that are increasing every day, it is easy to understand that this issue is one of the most important issues in society. It can’t be easily crossed, it needs to be addressed more than that
As we mentioned in our previous article, divorce means the legal termination of marriage and the end of the couple’s life, who, due to various other problems, are unable to continue living together and see their life’s preference for separation

Divorce in the laws of the Islamic Republic and Islamic jurisprudence

According to the country’s laws, which are based on Islamic and sharia law, a man has the right to divorce (unless other conditions are specified at the time of marriage), according to which the man can be seen as competent and by paying the financial rights he is responsible for. Terms of separation from your spouse before marriage (even if the wife opposes the separation)
However, according to the same rules, a woman must have the permission of her husband to get a divorce, or by presenting strong evidence, she will convince the court to take her divorce from a man
Therefore, it is difficult for women to get a divorce, which is why most of the divorce cases that lawyers receive are from female clients who seek advice and have a capable lawyer to achieve their desires
Divorce, due to the many psychological problems it causes for both parties and their children, requires that you consult with a professional or family lawyer before taking any action to avoid any irreparable mistakes
Of course, it is difficult for anyone to know all the issues, such as how to file a lawsuit, how to get dowry, how to get alimony, how to take custody of children, etc. و Any wrongdoing by the applicant and submitting a wrong petition can cause problems for the person. And make it difficult for a person to get his or her legal rights
For women who are seeking a divorce from their spouse, it is always advisable not to file a lawsuit without consulting an experienced lawyer and to consult with an expert lawyer before taking any action, because in many cases, before filing for divorce, submit another lawsuit. It is necessary to prove the reasons for the separation, and if you ignore these sensitive issues, you will lose in court and suffer from nervous weakness, irreversible expenses, and energy loss
Ali Mohsenzadeh, a basic lawyer in a judiciary, with many years of experience in family affairs and divorce, can help you as a brilliant family lawyer and accompany you in the success of your case

The first step to getting a divorce

Divorce - Ali Mohsenzadeh's law office
Divorce – Ali Mohsenzadeh’s law office

There are different types of separation, one of which is the agreement that the couple has agreed on on various issues and then proceed with the steps
As mentioned, it is easier for men to get a divorce, but for women it is more difficult and complicated
If their divorce is not by agreement and they do not have the right to divorce, in the first step, after consulting with a lawyer who specializes in this field, they or the lawyer you have hired should file a lawsuit in their hometown or hometown

 12conditions for women to get a divorce 

By referring to the marriage certificate, you can conclude by studying the 12 conditions mentioned in the contract, based on which of these conditions you can prepare your petition in consultation with your lawyer and submit it to the family court

Husband’s absence for more than 4 years

According to the country’s laws, if a person is missing for 4 years and there is no news about him, his wife can file for divorce by going to court
In this case, the court, by studying the woman’s evidence, published an advertisement of the missing person in local newspapers and one of Tehran’s newspapers. The court will report
It should be noted that the publication of announcements has been the same three times in a row and every month, and in order for the court to register a woman’s divorce, it must be one year from the last date, which can be calculated

Non-payment of alimony by the man

If a person refuses to pay alimony to his or her spouse or is unable to pay it (for 6 months), his or her spouse can go to court and file for divorce
If the woman tries to get a divorce due to the man’s non-payment of alimony, the court summons the man and, by calculating the woman’s alimony, orders her to pay alimony, and if the man does not comply with the court’s ruling, the man’s court He is obliged to divorce his wife, and if the husband refuses to do so, his own court will try to divorce the woman and issue a divorce decree

Now the question is whether a man is required to pay past alimony in court or not

In answer to this question, it should be said that in case of divorce, a woman can file a lawsuit in court to pay her past alimony, but according to the ruling of Branch 34 of the Supreme Court, only non-payment of future alimony determined by the court is the basis of divorce

So, if the man refuses to pay the previous alimony but pays the alimony set by the court to the woman at the specified time, there is no longer any reason for the woman to get a divorce, and the woman cannot take any action to get a divorce

 

Divorce - Ali Mohsenzadeh's law office
Divorce – Ali Mohsenzadeh’s law office

Conditions that a woman can file for divorce by presenting documents in this regard

The couple is addicted to any drugs or alcoholism that has harmed the couple’s life together and made their spouse unhappy
Do not leave it for the time prescribed by your doctor
Sentenced to 5 years or more in prison
Men return to drugs and alcohol after quitting
Beating your spouse and any behavior that is not tolerable
Suffering from incurable diseases (incurable diseases) that disrupt life
If the other spouse is authorized by the man without the permission of his spouse or if the other spouse is authorized with the permission of the first spouse, and if the justice between his spouses is not observed and proved in court
If the man does not have children (if the man is infertile or cannot have children after 5 years due to another illness), his wife can file for divorce by going to court
It is up to the judge to convict the man of the crime and convict him and to carry out any punishment, including punishment and punishment, which harms the character and dignity of the spouse. Whether this crime has caused the loss of honor and family status
Failure to comply with the court’s order not to employ the couple in work that is contrary to the court’s opinion and family status
Behavioral problems or so-called spousal abuse in a way that is no longer tolerable and has caused the spouse to suffer
In case of fulfillment and proof of any of the 12 cases, the woman can use the power of attorney that is signed during the contract by referring to the family court and during its legal procedures, to request a divorce and also to ask for payment of dowry from her husband

How long does the divorce process take

To get a divorce, you have to go through 3 courts, the court of first instance, the provincial court of appeals where the divorce proceedings took place, and the Supreme Court
In the event of an objection from either party to these courts, this period may take about one year

Can a woman receive her full dowry from a man if the woman requests a divorce

As we have said before, the request for divorce and separation for a woman has special conditions, and the issue of not receiving a dowry or receiving a dowry or the amount of receiving a dowry and how to receive it has many issues. Being able to divorce his wife with one of the most difficult conditions, he can receive his dowry in full from the man

31 May 2020
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