I want a divorce, my husband won't let me

I want a divorce, my husband won't let me

"I want to start divorce proceedings, but my husband refuses. What are my rights and the consequences of his refusal? Can I still start proceedings despite my husband's refusal? I've also asked my husband to leave the marital home; he's also refusing. What can I do legally to force him to do so?

Delphine, Geneva

Under article 114 of the Civil Code (CC), a spouse may apply for a divorce if, at the start of the proceedings, the spouses have lived separately for at least two years. To be able to divorce before this two-year period has elapsed, the spouses must agree to separate and submit a joint petition for divorce to the court (article 111 CC). It is not necessary for the spouses to agree on all the terms of their divorce, as the judge will settle any points of dispute. However, the law reserves the right for one spouse to file for divorce alone before the two-year period has elapsed, if there are serious grounds that make it unbearable to continue the marriage; these are essentially cases of domestic violence.

Apart from these cases, you may at any time request the intervention of the judge responsible for measures to protect the marital union with a view to organising separate living arrangements. Under article 175 of the Civil Code, a spouse is entitled to refuse to live together for as long as his or her personality, material security or the good of the family are seriously threatened. In this case, the judge will order the separation even if your spouse refuses to give up living together, and will then settle the question of custody of the children, visiting rights, the family home and any maintenance contributions. The main difference with divorce is that the marital relationship is definitively severed. They do not include the liquidation of the matrimonial property regime, and the spouses remain bound by an obligation of mutual support, while remaining each other's legal heirs.