【離婚したくない】4つの奥の手で離婚回避し夫婦関係を修復する方法

したくない
離婚回避4つの奥の手

ある日突然、配偶者から離婚を言い渡されたら、誰でも途方に暮れてしまいます。

相手が何故離婚をしたいのかもわからず、一人悩んでいる状態はとても辛いものです。

基本的に離婚するのは夫婦の合意が必要で、条件が整わない限り認められません。

しかし、毎日のように配偶者に離婚の話を振られるたびに何か良い手段はないものかと考えている方もいるでしょう。

そこでこの記事では、離婚したくない場合の奥の手をわかりやすく紹介します。

この記事はこのような方に向けて書いています

  • 夫(妻)に離婚したいと言われて困っている
  • 奥の手を使ってでも離婚を回避したい
  • 別居になってしまい話し合いもできない

離婚したくない場合の奥の手4選

手紙を読む女性離婚したくない人は、自分が不利にならにように行動すること!

これに尽きます。

そして、自分は「離婚したくないという意思を相手にうまく伝える」ことが大切です。

ワダミ
ワダミ

結論、離婚したくない場合の奥の手は次の4つです!

奥の手①離婚届不受理申出書を提出する

https://twitter.com/kira07coro/status/1550657647891857408

離婚したく場合の最初の奥の手は、役所に「離婚届不受理申出書」を提出することです。

離婚したい相手は、あなたに内緒で勝手に離婚届けを提出してしまう恐れがあります。

それを避けるために、まずは必ず「離婚届不受理申出書」を提出してください。

「離婚届不受理申出書」を出しておくと、相手が勝手に離婚届けを出しても受け取ってもらえません。

また、相手には通知される心配もなく、申出書を出した人が取り下げるまで有効です。

まずは、相手に勝手に離婚届を提出されないかと悩む前に、予防策をとっておきましょう。

「離婚届不受理申出書」は役所の戸籍課・住民登録課で入手し、提出には以下のものが必要です。

本籍地以外の役所に提出することもできます。

不受理申出書 役所で用意されているものか、ホームページからダウンロードして使うこともできる(A3サイズで印刷)
本人確認書類 運転免許証やパスポートなど
戸籍謄本 本籍地以外の役所に提出する場合

奥の手②別居を避けながら話し合う

次の奥の手は、可能な限りで別居を避けて夫婦でしっかり話し合うことです。

基本的に離婚は夫婦の合意が必要です。

また、どちらかに離婚が認められる原因がないと裁判になっても認められません。

しかし、離婚できないと追い詰められた相手は、次の手を打ってくるでしょう。

それが「別居」です。

それが、あくまでも夫婦関係の修復のための、「冷却期間」であればなんら問題ありません。

しかし、別居期間がズルズルと長引くと、「夫婦関係が破綻している」とみなされて離婚を進められるリスクもあるのです。

特に、法律で期間が決められているわけではありませんが、長期間の別居は、「婚姻を継続しがたい重大な事由」になってしまうケースがあります。

特に、3年以上の別居になりそうな夫婦は、このケースに該当してしまう場合があるので注意してください。

別居が長引きそうで不安な方、妻と話し合いがなかなかできない方は、下の記事を一読してみてください。

奥の手③「夫婦関係等調整調停」を申し立てる

次の奥の手は、裁判所に「夫婦関係等調整調停」を申し立てることです。

しかし、あくまでもこの奥の手は、夫婦の話し合いがうまくいかない時の解決手段として考えましょう。

可能な限り夫婦の話し合いを持つ努力をして、どうしたも話し合いができない場合に有効です。

「夫婦関係等調整調停」については、下の記事の「4.離婚をしたくないとき裁判所の調停は有効なのか?」を一読してみてください。

奥の手④相手に手紙を渡す

最後の奥の手は、相手に手紙を渡すことです。

離婚したくない相手は、以下のような状態なると思われます。

  • 話し合いに応じる気がない
  • 顔も合わせたくない
  • 子どもを連れて家を出た
  • 離婚調停を申し立てた

このような状態で無理に話し合いを求めると、返って相手は反発してしまい離婚の意思をより固めてしまうかもしれません。

また、LINEやメールを送っても、読んでもらえない可能性が高いです。

そのような場合、手紙に自分の素直な気持ちを書いて、相手に渡すのがとても有効なのです。

「手紙」の有効性については、下のリンク記事の「5.「手紙」が復縁のきっかけになることが多々ある!」が参考になります。

下記の記事を読むと、弁護士も認める「手紙」の有効性がわかります。

離婚したくない男性は、妻の気持ちがわからない人がとても多いのが現実です。

何故、相手が離婚を切り出したのか、自分の何に怒っているのかがわからず、ただ謝罪ばかりを繰り返している男性。

それでは、離婚回避は遠のくばかりです。

そこで、有効なのが妻(女性)目線での「手紙」の書き方のレクチャーです。

下の記事を読むと、女性心理カウンセラーによる、離婚回避のための「手紙」の書き方がわかります。

何としても離婚したくないという男性は、ぜひチェックしてみてくだだい!

ワダミ
ワダミ

効果的な奥の手「手紙」を使うと、誰にも知られずに離婚回避の一歩が踏み出せるかもしれません。

離婚には「夫婦に合意」か「法定離婚原因」が必要!

握手する男女離婚をするには、「夫婦の合意」または「法定離婚原因」が必要です。

基本的なことですが、以下で詳しくみてみましょう。

「夫婦の合意」があれば離婚は自由

夫婦が二人とも離婚に合意する場合は、どんな理由であっても離婚ができます。

ふたりで話し合い合意ができた場合は「協議離婚」が成立したことになるのです。

基本的に、離婚はお互いの合意がないとできません。

また、次のような確固たる原因がないと、裁判所は離婚を認めてくれないのです。

ちなみに、その確固たる原因のことを「法定離婚原因」といいます。

「法定離婚原因」がないと離婚はできない

相手に離婚を申し出られたとしても、「法定離婚原因」に該当しなければ、離婚は認めてもらえません。

そのため、夫婦のどちらか一方に「法定離婚原因」がある場合は、たとえ原因のある相手側が離婚に応じなくても離婚は認められるのです。

「法定離婚原因」については、下記記事の「3.離婚をしたくないときに弁護士相談はできるのか?」を参照してください。

相手が上記の「法定離婚原因」に当てはまる場合は、たとえ離婚を拒否をしても、裁判で離婚が認められます。

逆に、あてはまらない場合は、離婚は認められないため、奥の手を打って離婚を拒否し続けましょう。

ただし、別居になった場合は注意が必要です。

 

ワダミ
ワダミ

たとえ離婚回避に成功しても、その後の生活ではお互いの努力が不可欠です。

奥の手での離婚回避に向けた2つの注意点

TRUMP離婚回避では一人よがりではなく、夫婦二人が相当の覚悟を持って行動しないと難しい作業です。

奥の手での離婚回避では、以下の2つの注意点があります。

注意点①離婚回避にはお互いの努力が不可欠

奥の手を使って相手が離婚回避に同意しても、夫婦関係の再構築は簡単にはいかないことが多いです。

相手に夫婦関係を再構築する強い意思がないと、以前の関係性に戻るのは難しいということを覚えておいてください。

離婚回避にはお互いの努力が不可欠です。

あまり乗り気でない相手に、無理やり離婚回避を懇願しても気持ちがないと行動してはくれません。

あなただけが頑張って離婚回避に動いても、徒労に終わってストレスで体調を崩してしまわないようにしましょう。

注意点②相手が浮気をしていた場合非を認めているか

浮気をした相手は「有責配偶者」であり、原則的に離婚請求することは認められません。

ちなみに、「有責配偶者」とは、夫婦関係の破綻を招く行為をした配偶者のことです。

浮気した相手と離婚回避できても、修復するためにはお互いの心の問題がネックになります。

  • 「有責配偶者」は、自分の非を認めて謝罪をしたのか?
  • 二度と不倫・浮気はしないと言い切れるのか?

それによって離婚回避の道が見えるか見えないかが変わってくるでしょう。

謝罪があった場合は、相手はもう一度やり直したいという強い気持ちを持っていると考えれます。

しかし、いまだに謝罪をしない場合は、相手はほんとうに離婚回避を望んでいるのでしょうか?

また、浮気をされた側はもう吹っ切れたか、それともトラウマになってしまい傷が癒えるまで時間がかかりそうなのかも心配なポイントです。

修復に向けて努力をしたい相手であるか、一緒に努力できる相手なのかもしっかり見極めてから離婚回避を考える必要があります。

まとめ

離婚したくない場合の奥の手4選を紹介しました。

離婚したくない奥の手は、以下の4つです。
奥の手①離婚届不受理申出書を提出する
奥の手②別居を避けながら話し合う
奥の手③「夫婦関係等調整調停」を申し立てる
奥の手④相手に手紙を渡す

また、離婚には「夫婦に合意」か「法定離婚原因」が必要です。

さらに、奥の手で離婚回避するには、以下の2点に注意しましょう。
注意点①離婚回避にはお互いの努力が不可欠
注意点②相手が浮気をしていた場合非を認めているか

 

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