If you do not agree to a divorce. How to file for divorce without a wife. What is divorce

Divorce in the absence of the consent of one of the spouses is a process in which one party wants to dissolve the marriage, and the other does not agree to this.

In accordance with Article 21 of the Family Code, in the absence of the consent of one of the spouses to divorce, divorce is carried out in judicial order.

Often there are cases when a spouse not only does not agree to a divorce, but also avoids meetings because of this. In such cases, you need to decide on the need to search for him yourself or with the help of a lawyer.

A search may be needed in the following cases:

It is possible that the wanted spouse will still agree to the dissolution of the marriage. And this, in turn, will allow. This means that you will not need to go to court, as well as spend extra time and effort on the divorce process. A divorce in the registry office will also save money (after all, the services of a lawyer are not needed).
If you meet with your spouse before the court, you can try to resolve all property issues in advance. Questions about the future residence of children and alimony should also be subject to discussion.
It is possible that meeting with a spouse will prevent the divorce itself.

If the search for a spouse is not necessary, then it is worth starting a divorce process.

Often, a spouse who does not want to agree to a divorce is driven by the following motives:

Causing another spouse trouble;
Prevention of a new marriage;
Property claims, etc.

In case of disagreement, the court, as a rule, gives a period of “reconciliation”, lasting three months (Article 22 of the Family Code of the Russian Federation). But delaying the dissolution of a marriage can have serious consequences. During this period, one of the spouses may try to reduce the cost common property, as well as between spouses, some legal relations may be terminated (for example, the right to receive an inheritance).

After the deadline for reconciliation trial resumes. At the court session, it is necessary to establish the real reasons for initiating a divorce case, since they sometimes do not coincide with the reasons given in the application.

Art. 22 of the RF IC establishes a provision according to which a divorce is carried out if the court determines the impossibility of further life together spouses and the preservation of the family (and the spouse also insists on the dissolution of the marriage). But the court cannot REFUSE TO CONSIDER the claim if he concludes that it is possible to preserve the family and the temporality of discord between spouses. He can postpone the trial. Refusal to accept a statement of claim is limited by Article 134 of the Code of Civil Procedure of the Russian Federation (“ Family code Russian Federation"of December 29, 1995 N 223-FZ (as amended on December 30, 2015) (Art. 22)," Civil Procedure Code of the Russian Federation "of November 14, 2002 N 138-FZ (as amended on December 30, 2015) (as amended and supplemented, effective from 01.01.2016) ( 134).).

If in the process the plaintiff renounces the claim, and the defendant, on the contrary, agrees, then the stated claim should be denied. But at the same time, the defendant is explained the right to file an independent claim.

There are situations when the spouse gives formal consent to the dissolution of the marriage (not wanting to get divorced). In this case, Art. 21 of the RF IC says that if a spouse evades the divorce of a spouse who has no objections to him, the union is terminated in court.

Litigation itself in such a situation will be simplified. The court has the right not to take measures to reconcile the spouses. That is, the motives for divorce will not play a role, which means that the presence of a properly notified spouse is not mandatory.

One of the reasons for disagreeing with a divorce is property claims. Without a court, this problem can be eliminated by drawing up an agreement on the division of property or with the help of marriage contract. In any case, the disputed property should be assessed in advance. This will help even if you go to court to reject unfounded claims.

Common property is not only jointly acquired property, but also the personal property of the spouses, which was received before marriage, but in which significant changes. If not everything was divided during a divorce, then a claim for division can be filed within three years.

The right to divorce is a personal right of the spouse. But this right is limited for the husband if the wife who does not agree to divorce is registered for pregnancy or has a child under the age of one year.

Divorce without the presence of one of the spouses

Divorce without the presence of one of the spouses and divorce without the consent of one of the spouses - two different situations. Often the spouse cannot be present at the dissolution of the marriage due to objective reasons(living in another state, serving a sentence in places of deprivation of liberty, etc.), but at the same time he may agree to a divorce. How to be in such a situation?

IN this case the law permits divorce unilaterally. If one of the spouses agrees with the divorce, but physically cannot be present at it, then his representative is sufficient. If the spouses do not have minor children and agree to dissolve the marriage, then this procedure is carried out in the registry office in the absence of one spouse. In this case, to cancel marriage union one spouse is enough.

Divorce by mutual consent

In order to dissolve a marriage in the registry office, two conditions must be met:

Mutual consent of spouses to divorce;
Absence of common (native or jointly adopted) children.

If one spouse has a child, and the second spouse is neither his parent nor his adoptive parent, then this cannot be a basis for refusing to register a divorce in the registry office.

The registry office at the place of residence of the spouses submits their joint statement. If the couple is already living separately, then the application is submitted at the place of residence of one of them. Divorce registration can be carried out at the place of registration of the marriage union. Within a month from the date of filing the application, a divorce is registered and a certificate of divorce is issued. The day and hour is appointed by the registry office in agreement with the spouses.

The monthly period for registering a divorce cannot be increased or decreased. Spouses have the right both to keep the common surname and to return premarital surnames. The return of the premarital surname is declared when registering a divorce, while the opinion of the other spouse is not taken into account.

Summing up, it is worth noting that divorce is already hard process. In case of appearance additional factors complicating it, you should seek qualified help from professionals who can solve the problem.

Situations are not uncommon when the wife wants to terminate the hateful marriage, and the husband does not agree to a divorce and in every possible way prevents him. Many women think that if one of the spouses disagrees, it is impossible to break marriage bonds, and continue to live with a tyrant husband, an alcoholic husband, a gigolo husband. Either they leave him, having collected things, and often taking the children, but they do not file for divorce. Such withdrawal has rather unpleasant legal consequences.

Even if the spouses do not live together for a long time, but are in a registered marriage, they retain obligations towards each other. For example, if a husband is injured and becomes disabled, he has the right to file for alimony and demand that his wife support him. Prove that marital relations actually stopped a long time ago is sometimes quite difficult.

The fact that it is possible to receive maintenance for children, being married, women often do not even know. They pull on their children, working at several jobs, while their husbands live for their own pleasure. In addition, while a woman is in one marriage, she cannot enter into another marriage and arrange her own personal life more successfully than before. It is rare for a man to want to start a relationship with married woman even if she does not live with her husband. In a word, if the decision to break off relations with her husband is ripe, you need to formalize it legally so as not to have such problems.

A woman needs to know that divorce is possible even without the consent of her husband.

Administrative and judicial procedure for divorce

If one of the spouses does not agree to a divorce, then it is possible to divorce in court. For the court, a clearly expressed and reasoned unwillingness of one of the parties to continue the marital relationship will be sufficient.

Divorce unilaterally in the registry office is allowed only in some cases:

If the spouse is missing;
If he is declared incompetent;
If he has been convicted of a criminal offense for more than three years.

To get a divorce, it will be enough to apply to the registry office with an appropriate application, to which you need to attach a court decision on declaring the husband missing or incapacitated or a verdict on finding the spouse guilty. Under these circumstances, neither the husband's objections to the divorce, nor the presence of common minors - relatives and adopted children, nor the property claims of the spouse are an obstacle to the dissolution of the marriage.

If there are no grounds for unilateral divorce, a woman needs to apply to the court with a package of the following documents:

Statement of claim. It provides arguments in favor of the wife's decision to divorce. The reasons for divorce are varied: the husband’s unwillingness to work and provide for the family, his cruelty towards his wife and children, alcoholic drinks or drugs, adultery, antisocial lifestyle, committing a crime, mental or other dangerous disease. If the husband does not give a divorce, you need to indicate this in the application.
Evidence that the woman's arguments are true. These can be documents, written testimonies, video, photo and audio materials. Each argument must be supported by appropriate evidence. If it is unprovable, it is better not to mention it. If the wife believes that her argument can be proven, but she does not have access to evidence (for example, to the data of a psychiatric hospital about her husband’s nervous or mental disorder), then she needs to attach to the application a petition for the recovery of evidence at the request of the court.
Draft agreement on the division of property. Everything that was bought or received under the contract is shared by me at the time of being married. Do not share the following types property: received by one of the spouses as a gift, inherited, acquired for the needs of minor children. Personal wearable items are also not shared, with the exception of jewelry and luxury items.
Draft agreement on minor children. It indicates the personal data and dates of birth of the children, reflects their opinion on the question of who they will live with, how often they will see the other parent (if the children are over 10 years old). The decision to call the child to the hearing for questioning is made by the court at its discretion.
Draft agreement on alimony. Spouses maintain children equally, and alimony is paid by the one who lives separately. It is also possible to recover alimony for the maintenance of one of the spouses if he is disabled and is disabled or retired by age, if he is caring for a minor common disabled child or an adult common disabled child of group 1. Also, alimony is collected for the maintenance of a pregnant wife or mother caring for a common unachieved three years of age child. The basis for receiving alimony from a spouse must be documented. It also proves the need for the participation of the father in additional expenses for children. Expenses must be justified, for example, for the rehabilitation of a disabled child, for the purchase of equipment for a child athlete, for diet food a child with a chronic illness.
Other relevant documents. These can be various certificates about the health of the wife and children, the conclusions of teachers and psychologists on the condition of the children, the conclusions of the guardianship authorities, checks and bank statements on the expenses for the needs of the child.

How to convince your husband to divorce

It is necessary to state in detail and reasonably the reasons that prompted the wife to divorce. Sometimes a man seems unobvious, then something does not suit a woman in family life, especially if she does not directly talk about it. But many women prefer to endure hardships for a long time without saying a word to their husband, and then, when the cup of patience is overflowing, announce that it is impossible to continue living with him.

If the husband is set up for dialogue and is ready to constructively participate in it, then it is worth discussing with him the reasons for the divorce that have arisen family problems, to discuss the conditions about children, property and alimony.

How to get a divorce against your husband's will

If it is not possible to agree with the husband and discuss the details of the divorce, discuss the nuances of the division of property, determine the procedure for living with children and issues of their maintenance, you need to act decisively.

Send a letter to the spouse in which you state your decision to dissolve the marriage with him, attach to the letter the draft statement of claim and agreements on property, children and alimony. If statement of claim not ready at the time of sending the letter, then there is nothing to worry about. All the same, the court is obliged to notify the spouse as a defendant in the divorce proceedings about the claim against him and send him the case materials for review.
Send a package to your spouse divorce papers without attaching a letter or an explanatory document. It is best to use the mail service by issuing a registered letter with an inventory. This will help prove later in court that the spouse was aware of the wife's intention to divorce him in advance.
Conclude a service agreement with a divorce specialist. It could be a lawyer family affairs or a private practice lawyer specializing in marital conflicts. The lawyer or solicitor will represent the wife in all stages of the divorce. In accordance with the terms of the contract and the subject of the notarized power of attorney, he will negotiate or correspond with the spouse of the principal, participate in court hearings, prepare documents, send requests. This method will require cash spending, but will save time and not spoil your nerves.

Happy family life V modern world does not occur in all cases. It’s good if the relationship does not suit both spouses, without presenting special claims, allow each other to calmly divorce.

But this decision is not always mutual. A man can have a lot of reasons for a divorce, and a woman has exactly the same number - to save the family. Therefore, the question of how to divorce a wife without her consent is quite relevant.

In this case, the divorce process is much more complicated and requires a thorough study of all possible nuances.

In accordance with the legislation of the Russian Federation, which is valid in 2019, it is allowed to get a divorce without the consent of the wife. There are only a few exceptions.

You can get a divorce through the registry office if:

she was declared incompetent;
the husband has a decree that his wife is missing or dead;
in case of conviction or imprisonment of the wife for more than three years.

If the wife is healthy, alive and has not broken the law, then the husband has no reason to file for divorce unilaterally. At the same time, divorce through the registry office is impossible.

The decision on what to do if the wife does not give a divorce, evades the divorce procedure, and there are no grounds for unilateral dissolution of the marriage, is to file an application with the court.

Divorce cases are dealt with by the Magistrates' Court. But, when there are children or there are disputed property issues, the district court deals with the divorce.

According to the rules, you need to apply for a divorce in the court at the place of residence of the defendant.

The easiest way is when the spouses live together, but if the wife lives separately, then the husband will have to find out the exact place of residence of the spouse and submit documents to the appropriate judicial authority.

The process of dissolution of marriage through the court without the consent of the wife involves the following actions:

It is important to consider that the legislation allows wives to apply at any time without husbands. But husbands are limited in this right.

They cannot demand the dissolution of a marriage with a pregnant spouse or, if there is common child who is not yet 1 year old.

To dissolve a marriage through the registry office, you will need the following papers:

Documents that are needed for a divorce without the consent of the wife through the court:

The original document of marriage.
If the claim is submitted by mail, then a copy of the passport.
An extract from the house book or a certificate from the Federal Migration Service on the place of registration of the children and the defendant.
Copy of children's birth certificates, if any.
References and characteristics confirming the arguments from the claim.
Original receipt of payment of the state fee in the amount of 600 rubles.
Power of Attorney, if the divorce case is handled by a representative.

First of all, you need to know how to apply correctly. From the literacy of its compilation will depend further result consideration.

The claim consists of three parts:

At the end of the statement of claim, a signature is put and the date of its preparation is indicated.

Unfortunately, the wife's pregnancy cannot always save the family and normal relationship. Despite the position of the woman and the expectation of the birth of a child, the spouse may wonder if it is possible to get a divorce if the wife is pregnant.

In this case, the divorce process has many nuances and differs from the usual divorce.

To protect the rights of a pregnant woman, the Family Code of the Russian Federation imposes some restrictions on the divorce procedure in this case.

It is important to understand that the law prohibits the dissolution of a marriage at the initiative of the husband if his spouse is in a position or in marriage has children who are not yet 1 year old.

The main purpose of this prohibition is to preserve the family and protect against stress that threatens a pregnant and lactating woman.

If a man goes to court with a claim for divorce to the judicial authority, then such a statement will not be accepted. And in the event that it is allowed to be considered, the court will immediately terminate the proceedings on the case.

But the situation is completely different if the spouse agrees to a divorce or is herself the initiator this process. At mutual agreement husband and pregnant wife, the most simple and fast way divorce at the registry office.

If the husband has a child in common with his wife, then the application will have to be submitted only in court. The court must take into account the age of the children.

A child under 1 year of age cannot be divorced unilaterally.

After the baby is one year old, you should pay attention to the many nuances of the divorce process.

Until the child is 3 years old ex-wife will not be able to arrange it in kindergarten and make money on your own. Therefore, she has the right to apply to the court for alimony not only for the maintenance of the child, but also for her own.

If the child is disabled, the court will order ex-spouse pay child support and ex-wife who cares for the disabled. Render financial assistance until the child reaches adulthood.

In the case when there are several children in the family, there will be no difference in the divorce process. But the amount of alimony will be much higher.

There are different situations in life. Sometimes you have to look for an answer to the question of whether it is possible to divorce your wife if she lives in another city. The procedure for such a dissolution of marriage has some distinctive points, it is important to know about them.

The place of filing for divorce is the registry office, which is located in the territory where the defendant is registered.

When the plaintiff does not know the address of the actual registration of the defendant, he can file an application with the registry office at the place of the last residence of the defendant or in the area where he has real estate.

If the husband wants a divorce, but the wife does not want to give her consent and is in another city, then the divorce will be carried out through the courts.

Consideration of a court case on divorce at the place of residence of one of the spouses has the following grounds:

the plaintiff, in this case the husband, lives with children under the age of 18;
the plaintiff, for health reasons, is unable to move from place to place.

If the husband is not aware of the wife's registration address, he can apply to the local court with a relevant application. The court considers this appeal within 5 working days.

After that, the spouse will receive a specific answer:

acceptance of a claim for proceedings;
making a decision to refuse to accept the claim.

Thus, in order to divorce a wife without her consent through the registry office, must be observed certain conditions and provides evidence of circumstances in which the consent of the wife is not required by law.

If you cannot get a divorce through the registry office, you will have to file an application with the court.

It is important to bear in mind that it is impossible to divorce a pregnant wife without her consent, just as with a common child under 1 year old.

After the baby is one year old, you can already file for divorce.

In legal practice, situations often occur from which there is no clear way out, as one example of such a complex process is divorce, when one of the spouses does not agree with decision about parting. With such a question, they often turn to law firms for help, and we will now try to deal with this issue from a legal point of view.

Is it possible to get a divorce without the consent of the wife?

As everyone knows, no one can negotiate with women, and when it comes to divorce, young ladies are capable of much, if only to maintain the bonds of marriage. Despite the fact that the reasons can be weighty, and the arguments are iron, the wife will be able to find even more reasons not to get divorced and avoid a gap that is in her personal favor.

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If a woman is categorically against it, she can be guided by a feeling strong affection to a partner, and protection of common children, because in our society it is believed that a child must have a father, there are cases when a wife leaves the divorce process due to ordinary greed and commercialism, for example, the husband has a good fortune, and she does not want to lose her financial situation and social status. That is why many are concerned about the question, is it possible to get a divorce without the consent of the wife?

However, if the spouse has good reason for divorce, divorce your wife is possible. True, there are several exceptional reservations here, we will also talk about them.

In what situations can a man not divorce his wife without her consent?

First, the law limits men's right to file for divorce if the spouse is pregnant.

Secondly, it is impossible to get a divorce without the consent of the wife if the birth of a child falls within this time period, and a year after the birth. There is a nuance here: if the child was born dead or died before the end of the year, the ban is valid, since the birth took place.

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Is it possible to divorce a wife in the registry office without her consent?

The registry office can divorce people only if they do not have children in common and they have filed for divorce, both signing consent. But there is a second option, in which it is just possible to break the marriage certificate.

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Divorce unilaterally becomes possible when the wife is incapacitated and this is confirmed, if she died or disappeared and is considered missing, or if the woman is accused of an offense and the punishment is imprisonment for more than three years.

And when the spouse is alive, has no problems with the law, is healthy and is of sound mind, the husband does not have the right to divorce her in the registry office.

Can a husband divorce without his wife's consent in court?

So, we discussed that a divorce through the registry office is impossible if the woman does not agree with the decision. But there are still reasons, and despite the fact that the wife evades the divorce procedure, it is necessary to formalize the gap. What to do? The only option left is to go to court.

If the reason for the breakup is not too complicated and the separation is not aggravated, for example, by common children, this procedure should be entrusted to the magistrate's court.

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If there are aggravating circumstances in the divorce, whether it be children or property disputes, such a request will have to be addressed to the district court.

Another important point One thing to remember when applying without the consent of the spouse is the territorial division of the courts. There are situations when the husband and wife have not lived together for a long time, the application must be filed at the branch of the court that is located at the address of the defendant. When the spouse does not know about the woman's place of residence, you need to clarify the exact address and select the appropriate judicial branch. If the spouses live together, such a problem, of course, will not arise.

When filing a claim, do not confuse, the court must be located at the place of residence of your / th spouse.

What documents are required?

Now that you know where to apply and the conditions that must be met, let's figure out what documents you will need in order for your application to be counted and considered.

Firstly, it is necessary to have a correct and well-written statement of claim on the need for divorce. This is a very important point, because there is a direct relationship between legal literacy, persuasiveness and reliability of the written claim and the further course of the case, and as a result, the result of the consideration.

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What is a claim? Your application must include three main parts. The first part is formalities, that is, there should be the name of the court to which you are applying, your and your spouse's full name, dates of birth, the address of residence of each of the divorcees, as well as all the necessary data about the children.

The second part is a description of the framing events, that is, this part should include information about when you got married, how family affairs were and what is happening at the moment, the reasons should be described in detail, this is the most important thing in the entire application, you need to indicate exactly why you want to get a divorce, and why you think that this marriage must be terminated.

Here you can attach all the evidence you have on the case, bring all your arguments that can be considered to support your position. You should also mention that the spouse did not give consent to this process and that this is what prompted you to send your request to the court. In addition, indicate your version of resolving the issue with children and property matters, which equally concern both spouses.

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In the third, final, part of your application, you must, according to all the rules, ask for satisfaction of your claim. That is, it will contain a direct request for the termination of the marriage certificate in accordance with the norms of the law. Complete your petition with a signature and indicate the date the document was written.

This application must be accompanied by the following documents:

a copy of the application to be given to the wife
the marriage certificate itself, which you are going to annul
a copy of the child's birth certificate (or several if there are more than one child in the family)
evidence documents that will confirm your words in the lawsuit, these may be some income certificates, characteristics, and so on.
receipt confirming the payment of the fee.

How will the divorce process proceed?

The statement of claim will go to court, and the copy that you attached will go to your wife, regardless of her disagreement. If all documents in in perfect order, that is, they are drawn up correctly and everything is available, the court takes them for processing, and then the process of considering your case begins, that is, within one month from the moment you apply, you do not take part in the proceedings. Then, following the results of the consideration, both parties will be notified that it is necessary to appear at the hearing of the first court session by subpoenas.

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During this trial, all attached documents and materials that you attached to the application earlier will be considered. The judge will listen to the arguments of both parties, and usually, the first meeting ends with the appointment of a conciliatory period, it can be from one to three months, this happens if the wife categorically refuses to divorce. However, it also happens that the court recognizes the continuation marital relations impossible and the decision to divorce is taken immediately.

After the end of the trial, you can appeal the final decision of the judge within one month, and if this does not happen, it comes into full force. In order to complete the entire procedure, it is necessary to contact the registry office with an extract on how the case was resolved and there the employees will make a corresponding note in the civil status register book.

How long does the whole divorce process take without the consent of the spouse?

As you can see, the court orders a divorce, regardless of the consent of the other party, and as a rule, from the moment you filed an application to the moment you receive a certificate of divorce, it takes from two to five months, depending on the circumstances of the case.

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There are also pitfalls, a dissenting spouse or spouse can influence the development of events. How? Don't show up for court hearing, ask for a time limit for reconciliation or appeal the final decision, all these actions will lead to the fact that the divorce process will stretch for several additional months.

To avoid such troubles, for example, in order not to receive a conciliation period, you need to indicate the reasons when drawing up the statement of claim, which will be weighty arguments due to the fact that there is no way to reconcile. It may be inappropriate behavior or some bad addictions. This information must necessarily have an evidence base, for example, the testimony of witnesses.

All your words must be based on evidence.

And in order to avoid the constant postponement of the court session due to the absence of the wife, it is necessary to notify her of when and where the court will take place. In the event that the spouse is notified and still refuses to appear in court, your marriage will be terminated without her presence.

Is it possible to get a divorce without the consent of the husband?

But nevertheless, the question of whether it is possible to file for divorce without the consent of the husband is more often asked to lawyers by women. And this is not surprising, because, unfortunately, in our country it is not uncommon domestic violence, and this problem can and should be solved only with the help of divorce. Another thing is that such husbands make a woman think that without his consent it is impossible.

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But we want to assure you that if the husband does not agree to a divorce, it is still possible to divorce him, because according to the laws of the Russian Federation, rights and obligations are equal for every citizen and do not depend on gender. This means that everything listed in the article above is a clear guide to action for women who find themselves in a difficult life situation and tolerate abuse or have other good reasons for divorce.

After all, men can try with all their might to save the marriage, for example, in order not to destroy their property status, or to prevent a woman from marrying another man, or to avoid the problem of dividing common children. In general, there can be a lot of reasons. The decision was made by only one side.

According to family law lawyers, the dissolution of a marriage through the registry office is by far the easiest divorce procedure. The package of documents is minimal, and the time for divorce takes no more than 1 month. More laborious process is considered to be the filing of a claim with the court. Family disputes can drag on for an indefinite period, because often one of the spouses does not want to dissolve the marriage and in every possible way opposes this.

The nuance of divorce through the registry office is that the dissolution of marriage bonds is possible only with the mutual consent of the spouses. Without the consent of one of them, unfortunately, it becomes difficult to terminate the union in this way. However, there are certain circumstances, and they are spelled out in the laws, when unilateral divorce through the registry office is still possible. You will have to take into account some nuances, but how to do everything right, what documents you need to collect, how to write an application and what pitfalls you can expect - it is worth considering in more detail.

Many, out of ignorance, immediately begin to go to court, realizing that if the second spouse does not give permission for the divorce process, then it is no longer possible to do without the courts. Nevertheless, there are a number of mitigating circumstances when, without the intervention of representatives of the court, it is still possible to formalize a divorce proceeding.

The second spouse, namely his decision, is not required at all if:

will be declared incompetent;
be considered missing;
serve a sentence in places of deprivation of liberty for more than 3 years.

These nuances can become relevant, extenuating circumstances when you can solve your problems through the registry office. But lawyers advise couples seeking a quick divorce: "Collect a certain package of documents, present evidence in the case, attach as much information as possible about the absent spouse." These can be letters, certificates, extracts, telegrams, videos, contact details if, for example, one of the spouses is serving a prison sentence.

If the spouse is missing, it is advisable to indicate in the application the data of the person who may manage his property. It is important to understand that the applicant to the registry office must provide necessary information about the missing second spouse to the maximum, so that the representatives of the registry office do not have any special questions, and practically nothing prevents divorce. Only in this case the procedure will pass quickly and hassle-free.

In practice, people ask a lot of questions about divorce through the registry office. There is a misunderstanding, because one side is still missing, and without her knowledge, it is not so easy to dissolve a marriage unilaterally. Employees of the registry office scrupulously and scrupulously monitor the plausibility of the information provided.

On a note! Read about the procedure for dissolution of marriage unilaterally in the laws of the Civil Code of the Russian Federation, Article 19.1! Just like recognizing a person as missing or incompetent, but this, of course, is not always easy to do, again without a court decision.

What documents are required for a divorce?

The law states that one of the spouses has the right to submit documents to the registry office for divorce in the very place where it was previously registered official marriage. You can submit documents at the place of registration if you have changed your place of residence or moved to another city or country.

Attention! Submit documents at the place of residence of the husband or wife, taking into account who exactly will apply to the registry office.

To provide documents to start the divorce proceedings, the applicant needs to contact the registry office and provide the following documents:

marriage certificate (original, copy);
receipt of payment of state duty;
passport, identity card (copy);
certificate of incapacity or missing one of the spouses (if any);
court order if the other spouse is convicted.

In addition to the documents, it is necessary to correctly draw up an application for divorce. Usually, 1.5-2 months are given to the registry office for consideration, although in practice a package of documents is considered much faster. Employees must verify all information about the absent spouse and the authenticity of the information provided by the applicant.

Should contact the spouse who is serving a sentence or declared incompetent, if they manage property acquired in marriage, to resolve amicably arising issues in favor of the applicant. If everything is in order, then the spouse submitting the application will be informed of the place and date for the dissolution of the marriage and the issuance of a certificate of divorce.

How to file an application for divorce?

When filing for divorce, you need to fill out an application of a special form. Be sure to specify:

the surname that you wish to keep after the dissolution of the marriage;
the reasons why it is no longer possible or necessary to continue the marriage;
contact details of your and the second spouse (name, phone numbers, addresses);
address of registration, if the second spouse is the owner of housing or a shareholder;
data medical center if the spouse is under medical treatment and declared incompetent.

Based on Article 131 of the Civil Code of the Russian Federation, it is possible to submit an application in electronic format. Read about the conditions and nuances of filing from this article Civil Code. You can apply in person, for which you need to collect documents and visit the registry office.

On a note! Inaccuracies, blots, typos in the application are unacceptable. The employees of the registry office have the right not to accept the documents and leave them without consideration. In addition, the applicant spouse will have to be present at the announcement of the decision in person. When submitting documents via the Internet, be prepared for the fact that at the appointed time you will need to visit the registry office, personally affix signatures.

In the event of an approving verdict, a certificate of divorce will be issued in hand, and a copy will be forwarded to the second spouse as information, unless, of course, his address and location or temporary accommodation are known to the registry office staff.

State duty

Since 2005, the divorce procedure has been considered a legally significant transaction, so the state duty is paid in without fail. Today, its size has increased and is 1000 rubles. This is due to the desire of the Government of the Russian Federation to somehow protect families from rash divorces. The authorities are trying to fight and, of course, against divorces, the number of which increases many times every year.

You can pay the state duty through any bank in Russia or in electronic form.

Lawyers advise! Keep receipts, because when submitting documents to the registry office, you will definitely need to attach a receipt for payment of state duty.

How long does a divorce take without the consent of the second spouse?

On the basis of the Civil Code of the Russian Federation Art. 154, the period for consideration of the divorce proceedings unilaterally is given 2 months from the date of filing the application. When filing a lawsuit in court, it takes much longer to make a decision. The judge will certainly make an attempt to reconcile the parties in some way and give time for reflection (2-3 weeks), so the completion of the process will have to wait for many months.

It often happens that at first, for example, a woman files for divorce, then changes her mind and wants to withdraw her application. The court usually makes concessions and gives a certain period of time for reflection. In any case, the statement of claim can be re-applied, unless, of course, there is no longer any chance or sense to save the family.

According to Art. 25 of the Civil Code of the Russian Federation, the marriage will be terminated, 3 days after the announcement of the verdict, it will enter into force. The applicant will receive a court decision in his hands, and an extract will be redirected to the registry office in order to be able to receive a certificate of divorce also in his hands.

On a note! Until the certificate of divorce is issued, conclude new marriage spouses under the law of the Russian Federation, alas, cannot.

What difficulties can arise in a unilateral divorce?

Divorce unilaterally is by no means an easy procedure. Often the second spouse strongly opposes divorce, begins to hide or, conversely, claim the division of property. Such nuances lead to a protracted divorce proceedings which stretches over months and even years. One of the spouses is forced to file a lawsuit in court, because it is impossible to resolve the issue in a peaceful, honest way through the registry office.

Often, jointly acquired property becomes a stumbling block when disputes arise over the division of an apartment, car, dacha, country house. According to the law, unfortunately, the registry office employees are incompetent to resolve such disputes between spouses, then there really is only one way out of the situation - to go to court.

Difficulties are the pregnancy of the spouse or the presence of a child under 1 year old, when divorce is not possible. It is important to understand that family ties can be terminated only if one of the spouses is recognized as incapacitated, serving a prison sentence. It happens that spouses cannot establish custody of minor children when they have to resolve disputes in court and file a lawsuit.

Of course, a person can be a guardian only if he has legal capacity. With the loss of such, unfortunately, the father (mother) can no longer raise children, and it is likely that the court decision will no longer be in favor of such a person.

Lawyers say that it is quite possible to conduct a divorce procedure unilaterally through the registry office, but applicants still often face difficulties in processing and collecting documentation. The main thing is to think carefully about the possible nuances before contacting the registry office and collecting documents for divorce. The decision to end a marriage is a difficult one. legal point vision and irrevocable already for the family itself.

Read the laws and acts, imagine clearly and balancedly your rights and obligations. Only then contact the registry office, understanding the consequences of your actions. If one of the spouses does not agree to a divorce, then certain nuances in the collection of documents and evidence base arise very often and you need to try to solve them competently.