File a divorce suit. The procedure for holding a court hearing on divorce

Instruction

Divorce in the registry office is possible with the consent of both spouses and if they do not have common minor children. The registry office will give an application form (form No. 8), which is submitted by both spouses.

The statement states:
1. Full name of the spouses, their passport details, citizenship, place of birth and residence, nationality;
2. Date and number of the record of the marriage registration act and by which body of the registry office it was registered;
3. The text of the application, which contains the request of the spouses for divorce and indicates the names that the spouses will keep after the divorce;
4. Date and signatures of the spouses.
The spouses' passports, a marriage certificate and a receipt for payment of state duty are attached to the divorce application.

Divorce takes place one month after the filing of the application. During this time, either spouse can withdraw the application.

You can also get a divorce in the registry office at the request of one spouse, even if there are common minor children, if the other spouse is recognized by the court as incompetent, missing, or sentenced to imprisonment for more than 3 years. In this case, the application for divorce is filled in according to Form No. 9. Attached to the application, in addition to the above documents, is an extract from the court decision on recognizing the spouse as incapacitated or missing, or from the court.

The Magistrate's Court considers a divorce case at the request of one of the spouses if:
1. One of the spouses evades the dissolution of marriage in the registry office;
2. There are no disputes about the further residence and upbringing of children;
3. There are no disputes about the division of property acquired in marriage and the payment of alimony.
If the value of the disputed property does not exceed 50 thousand rubles, the case is also considered by a justice of the peace.

The claim contains:
1. Name of the court or full name of the justice of the peace;
2. Full name and place of residence of the plaintiff and defendant
3. Date and place of marriage;
4. Information about the consent of the defendant to divorce;
5. Information about common minor children and their place of residence after the divorce;
6. Request for a divorce, indicating the reasons, recovery of alimony and division of property.

Attachment to the claim:
1.Certificate of marriage;
2. Birth certificates of common minor children;
3. Income certificates of spouses;
4. Inventory of jointly acquired property;
5. A copy of the statement of claim and a receipt for payment of the state duty.

Divorce cases are considered by the justice of the peace within 1 month.

The district or city court considers the application if the spouses failed to reach an agreement on the issues of residence of common minor children, on the payment of alimony and the division of joint property, the value of which exceeds 50 thousand rubles. The statement of claim is drawn up in the same way as for the magistrate's court.

The term for consideration of a divorce case in a district court is not more than 2 months. from the date of filing the claim, but in some cases this period may be extended up to 3 months.

If there is no order in family life, world life is no longer possible, that is, there are two ways: to put up or leave. When people realize that they no longer have the strength to be together, they will be judged. The main dilemma is how to file for divorce productively, without a world order?

divorce proceedings

When choosing to leave a marriage, people must approach such a difficult task correctly, carefully. The divorce procedure is unpleasant, it is difficult to break off relations even with a sole desire. In order for the spouse to gain the long-awaited freedom, a trial and a fair verdict at one of the hearings will be required. If there are no property disputes and wrangling, the children are already adults or did not have time to be born at all, it is required to visit the registry office to quickly resolve this administrative issue on completely compromise world conditions.

Through the court

It is very problematic to divorce with lawsuits and petitions, it is much easier to visit the registry office twice. Dissolution of a marriage through a court is a mentally difficult, stressful and lengthy process that requires not only the mutual desire of a married couple to leave forever, but also the presentation of a number of certificates from family life for consideration by a fair judge.

The first step is to correctly write a written appeal to the court with a wish to terminate the bonds of marriage with your wife (husband). Here we are talking about a legal organization according to the residence permit of the defendant's spouse. The applicant must correctly fill out a standard form. On a special form, you must specify the following information in a certain sequence. This:

place, date of the wedding day;
arguments for their desire to get a divorce;
the presence of small children, the presence of property;
basic requirements and wishes for the opposing side;
information about the upcoming provision of children.

Through the registry office

If the ex-spouses have no claims and common children to raise, then the trip to the judge can be postponed indefinitely. The plaintiff and the defendant will have a divorce procedure through the registry office, after 30 days the document on the breakdown of the marriage is officially handed out and will enter the legal field. To avoid lengthy proceedings, it is advisable to comply with the following mandatory conditions:

mutual and unhindered desire, the consent of the spouses to leave;
lack of small children and claims to;
appearance at the registry office with passport data and a marriage document.

What is needed for a divorce

In fact, you will need the desire and desire to start an independent life, to leave the other half only in unpleasant memories. This is formal, but in fact you need to provide, in addition to a correctly completed sample, a number of mandatory certificates for consideration. We are talking about copies that it is advisable to notarize in advance. When asked what is needed to file for divorce, they will tell everyone in the appropriate authority - it is not every day that you have to get a divorce, here you need to make a responsible decision.

If there are minor children

If a teenager under the age of 18 is brought up by ex-spouses, then parents are allowed to divorce only by court order. In the registry office, the documents will still not be accepted, even if there are no claims at all on the upbringing of the younger generation, and the paper is drawn up correctly. Before filing for divorce, if you have a child, you should consult with a family lawyer or a paid lawyer, enlist his support, competently draw up a claim. Only then can we count on a successful outcome of the ongoing production.

Unilaterally

If in a couple a husband or wife opposes the collapse of the family, then the second one has certain problems, delay is not ruled out. However, you should not worry too much about this, since the standard divorce procedure can be carried out correctly and unilaterally. Divorce at the request of one of the spouses is a normal phenomenon, only the plaintiff draws up the required documents on his own, while correctly expressing his thoughts on the form. It is very important that the problems in relation to the growing children and property are resolved in his favor.

How to file for divorce

After filling out the form, it is necessary to make a copy of the marriage certificate and other joint documents, to certify first at the notary. Then you need to correctly submit the complete set to the registry (office) of the court, where, after checking the received data, an incoming number will be issued. This means that the plaintiff managed to correctly file for divorce. It remains only to wait for the notice to appear at the preliminary and subsequent meetings. Nothing complicated, but it would be correct to first familiarize yourself with the provisions of the Family Code.

Which registry office to apply to

Drawing up a paper according to the provided sample will not be particularly difficult. The question may arise elsewhere: where to apply for a divorce through the registry office? There are two options - according to the registration of the husband or wife. The address of one of them is known, since at one time a statement was sent to this registry office about the desire to legalize their relationship. You will also have to pay the state duty for the breakup of the family.

Online

The first step is to register on the site, and then apply. To do this, you must provide the data of the passports of two participants, SNILS, a marriage document, and additionally send copies of these documents. An online divorce application is being studied in a regular manner, the main thing is to establish a notification method for the plaintiff. This can be a message to a mobile or email address.

Through the court

The law states: one spouse can send a claim to the court at the residence of the respondent spouse. It is allowed to receive the divorce application form in person at the office or fill it out correctly online. A prerequisite in both cases is to get an incoming number, after which you can control the trial process. The list of required documents is updated, so you need to carefully study the background information.

Where to file for divorce

If the collapse of family life is inevitable, the plaintiff must apply to the registry office or the district court at the residence of the respondent spouse. If the other half has a nonresident residence permit, it is not forbidden to file a claim with the court of your district. There are other reasons why an administrative case is initiated and considered in the district of the plaintiff. With the question of where to apply for a divorce, it is better to contact a practicing lawyer, look on the Internet for yourself.

Documents for divorce in the registry office

In this case, filing an application is as easy as shelling pears, and both spouses must have an internal passport and a marriage document with them. This is the answer to the question of what documents are needed for a divorce. The originals are confiscated, and after 30 calendar days already divorced people receive a new document with seals, which is preliminarily registered in the database. Unilaterally, the required procedure is not carried out even in the absence of a common child, property. The right thing to do is to go to the judge.

Through the court

A form filled out according to the model is not at all enough to get involved in the divorce process as soon as possible. Additionally, the judge requires a full package of documents that reveal the essence of the family as a social unit of society. This is a standard list that is included in the procedure for filing a claim. If you need information about what documents are required for a divorce through the court, the list is presented below:

sample statement;
civil passports of husband, wife;
marriage document;
birth certificates of adopted or married children;
documents on the ownership of property;
other references at the will of the judge.

The procedure for dissolution of marriage

Registration of certificates and applications is only the beginning of a long journey to freedom. The plaintiff wants to do whatever is necessary to expedite the outcome, but the law can slow down the whole process. Being interested in how a divorce happens, it is important to understand that everything is much faster in the registry office than a tedious showdown in court. Although each family has its own nuances.

Terms of divorce through the registry office

Before filing a divorce, ex-spouses ask how soon they will receive the appropriate document. The answer depends on many factors. If you apply online, you can get a divorce faster, especially when litigation is not required. The terms for divorce through the registry office are 1 month from the date of registration and filing of the claim. This is useful information when solving a life problem, how to properly file for divorce without a settlement.

By court

Before you properly file for divorce, it is important to understand that you will have to go to the judge with children and property. Without a peace agreement between the spouses, the terms of divorce through the court with children are not standardized. Everything depends on the number of meetings and opportunities to reconcile the warring parties. Preliminary hearing of the case is obligatory, then several more meetings. It is important to resolve issues of alimony, to determine the comfort zone of the child and the fate of the property acquired by the couple. So when answering how a person should file for divorce correctly, there are nuances.

How much does it cost to file for divorce

Before getting a divorce, it is important to find out how much it costs to file for a divorce. Big financial difficulties are also coming, so you should think about the world warring spouses. Otherwise, you will have to draw up documents, pay off a lawyer and pay a state duty. Such a public service is limited to 650 rubles per registry office participating in the divorce proceedings. When filing a claim unilaterally, the cost of the state fee is 350 rubles, the cost varies.

Video

If the decision to divorce is ripe, the first step on the way to it will be the preparation and filing of an application for divorce. By mutual agreement, it is submitted both spouses, and in the absence of consent, the complaining party will be considered the plaintiff. In this case, in the general case, the statement can be of one of two types:

Sample applications for divorce by court order are often posted in courts. Based on them, it is recommended to prepare your individual application with a description of the reasons and other individual information. At the same time, documents are submitted to the registry office in a single form approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274 “On approval of application forms for state registration of acts of civil status ...”.

How to file for divorce?

Two bodies are authorized to make a divorce in the Russian Federation: the registry office (an abbreviation for “registration of acts of civil status”) and the court. In the first case, the dissolution of the marriage will take place with less time and nerves. The second option is implied if the couple has minor children or the spouses cannot agree on the conditions for the division of common property and on other issues (in other words, if they are not allowed to divorce in the registry office by law).

If the parties have maintained relations that allow them to agree, there are no irreconcilable disputes, the couple has no minor offspring, she can divorce in a simple and civilized way by submitting an application to the registry office (clause 1, article 19 of the Family Code (SC) of the Russian Federation). It is signed by husband and wife and is confirmation mutual consent to divorce.
It will be necessary to dissolve the marriage through the court if the couple has children who have not reached the age of majority, one of the spouses opposes a divorce or avoids going with a statement to the registry office (Article 21 of the RF IC). As part of a divorce suit, judges may consider the issue of paying alimony for the needy, the place of residence of common children.
Even if a couple has a child or several, and only one spouse wants to divorce, in some cases he can do this through the registry office. According to paragraph 2 of Art. 19 of the RF IC, we can implement a divorce in this way if the second partner incapacitated, in prison or missing.

For citizens residing abroad, the powers of an employee of the registry office in accepting an application and registering a divorce can be performed by consular officer. However, it is not endowed with the functions of the judiciary.

Example. The spouse will not be considered missing until the court recognizes it. If he disappeared in an unknown direction, does not live with his family, does not give news about himself, before submitting an application, it is worth making inquiries about him at his last known place of residence, interviewing relatives and friends. Then there is an alternative: either file an application with the judicial authority to recognize him as missing, and then go to the registry office with this decision to get a divorce. Or immediately apply to the court for divorce at the last known place of registration of the spouse. The lawsuit should indicate that the whereabouts of the husband is unknown. The court will apply to the passport office at the known address of the spouse's residence to verify the information.

Application for divorce at the registry office

You can declare your desire to get a divorce by submitting an application to the nearest registry office. The document is prepared in two copies. It does not require giving reasons why people get divorced. The submission must include both spouses, those who agree to divorce, or one, if a unilateral divorce through the registry office is acceptable.

Application preparation means writing it according to the established pattern. Copies of passports, marriage certificates, as well as a receipt for payment in the original are attached to this document. The latter is paid by both spouses in case of divorce by mutual agreement and by one, if the dissolution of the marriage occurs by a court decision that has entered into force, regardless of the consent of the other.
Submitting an application to the registry office carried out at the place of residence by the spouses jointly or by one of them, if it is. A document from citizens is registered by an employee of the department, the date of the next visit to the organization is set. Usually, spouses are invited to come in a month, but not earlier (clause 3, article 19 of the RF IC).

Sample application for divorce by mutual agreement

In the event that the dissolution of marital relations occurs by mutual consent of the spouses, then they fill out and submit an application to the registry office, according to the sample below. It is signed by both parties.

You can view and download the application form for divorce by mutual consent of the spouses

Sample application for divorce through the registry office unilaterally

If one of the spouses is recognized by the court as missing, incompetent, or sentenced to imprisonment for more than three years, then an application is submitted in form 9, allowing divorce unilaterally through the registry office. The completed form is signed and submitted to the civil registry office solely by the second spouse (for example, without a husband).

Read the content and download the sample application for unilateral divorce

Complaint for divorce in court

Before filing an application, it is necessary to determine (global or regional, at the place of residence of the applicant or defendant?), formulate requirements and collect the necessary documents, copies of which must be attached to the claim. At the same time, all documentation is prepared in duplicate(separately for plaintiff and defendant).

Preparation of a claim involves the collection of documentary evidence (copies of passports, marriage and birth certificates for children, documents for jointly acquired property, if the latter is necessary). The claim must contain: the name of the plaintiff and the defendant (one of them is usually the husband, the second is the wife), their dates of birth, the name of the court, information about the place and time of registration of the marriage, what kind of marriage each has, whether there are children and information about them. The reasons and circumstances of divorce, requirements are stated.
Filing an application to the court implies an appeal to a justice of the peace if there is no dispute between the spouses about children or if it is necessary to divide property worth not more than 50 thousand rubles. If you need a division of property more expensive than this amount, you should determine the place of residence of the offspring, you must contact district court.

It should be noted that when applying for a divorce to the court, you will also have to pay for filing a claim.

Example. When applying to the court, a spouse seeking a divorce, in addition to the basic requirements for dissolution of marriage, can indicate in the application accompanying ones if they relate to the field of family law. Among them may be questions about the payment of alimony for children or a spouse who is deprived of the ability to earn money (incapacitated), about the place of residence of children after the departure of their parents, about participation in the upbringing and maintenance of children. Also along the way, the court can resolve the dispute on the division of property. However, with an increase in the list of requirements, the time for consideration of a claim may increase significantly, as well as the amount of the state duty. The amount of the latter depends on whether the division of property will be considered during the divorce, and on the price of this property.

Legal and judicial practice shows that a divorce claim should be considered separately from other requirements. This will allow you not to drag out the case and not miss important details of each issue.

Example. If the defendant's place of residence is in another city, divorce applications and documents are allowed to be submitted to the court not in person, but sent by mail. Then each copy must be certified by a notary, send a letter with a detailed description and a notification of receipt. The letter must be accompanied by the original receipt of payment of state duty. To pay the latter, it is necessary to know in advance the details of the court in which the claim is filed.

The moment of termination of marriage upon its dissolution

When applying to the registry office, the moment of divorce is considered the day the divorce was registered in the registry book. Court proceedings assume that the family union will be considered terminated from the date the court decision comes into force. In the latter case, divorce is also necessary register at the registry office in order to receive .

Answer a few simple questions and get a selection of site materials for your occasion ↙

What's your gender

Choose your gender.

Your response progress

After filing an application and until the moment of dissolution of marriage, the registry office passes at least a month. Such a period is appointed so that the spouses can think about the decision. The couple who filed for divorce are given a date when they must appear and confirm their intentions. If they do not change their minds and come to confirm the divorce, an entry will be entered in the act book, and each of the spouses will receive a copy of the divorce certificate.
From the date of applying to the court until the dissolution of the marriage, at least two months. The first meeting cannot be scheduled earlier than a month after the submission of the application (clause 2, article 23 of the RF IC). If a couple is divorced on it by mutual agreement, another 30 days pass before the court decision enters into force (in case someone decides to challenge it).

When considering a case in a judicial body, if there are irreconcilable disputes, the period can be significantly delayed.

Conclusion

For divorce, it is necessary to apply to the registry office if both spouses agree for divorce, and the couple does not have joint minor children.
One of the spouses can dissolve a marriage in the same way, even if there are children, if the other is serving a sentence in prison, is not able to answer for his actions, or is missing.
You will have to get divorced through the court if the family has offspring under the age of majority, one spouse does not want to dissolve the marriage or actually evades filing for divorce.
Confirming documents (copies of passports, certificates of marriage and birth of children, etc.) are attached to the application for divorce.
When applying to the court, it is recommended delineate requirements, if there are more than one, and file a separate claim for each (for example, for divorce and alimony).
The moment of divorce is considered the date of its entry in the register(when contacting the registry office).
In case of divorce through the court, the marriage will be considered terminated from the date of entry into force judgment.

Question answer

I am going to apply for a divorce to the court in St. Petersburg. I am a citizen of Kazakhstan (but in Russia I have property and a residence permit), and my husband is Russian. Tell me, will it be a divorce with a foreigner or not?

If the husband is Russian, then this is the most common divorce.

Yesterday there was a court on dissolution of marriage with my wife, I acted as a plaintiff. We were divorced, but I changed my mind! Is it possible now to withdraw the application for divorce or come up with something else?

The only thing you can try is to file an appeal. But if the court granted the claim, it is unlikely that anything will change. Get . After that, try to persuade your ex-wife to marry you again.

My husband and I live in a jointly purchased apartment, we have a 1.5-year-old daughter. For the past few months, the husband has been drinking, returning in the morning and making a row with the child. No persuasion helps, he does not give money for a child. Can I file for divorce if only I want it, but he is against it?

Divorce is your right. Write a statement in which you appeal to the justice of the peace, a month later he will appoint the first meeting. Most likely, you will be given time to think and change your mind. But the next meeting will be scheduled no later than three months later (clause 2, article 22 of the RF IC). If you insist and your spouse continues to object, you should still be divorced. If in one fell swoop you want to divide the apartment, you should file a lawsuit for divorce and at the same time for the division of property in the district court. But it is better to get a divorce first, and only then to divide the property.

If during the court session one and the spouses decide to keep the family, and the second does not want this, then the divorce occurs against the will of the person concerned.

Forced dissolution of marriage

The Magistrate's Court in some countries is the lowest level of the judicial system. However, in Russia, the judge considers cases independently. Its powers include:

divorce issues, without discussing difficult situations, such as deprivation of the right to raise a child;
division of joint property, if the claim does not exceed one hundred thousand rubles.

The World Court protects the interests of the child. A spouse can always file for divorce. Whereas the husband can go to court only one year after the birth of the child. An exception may be the consent of the wife.

Complicated court cases on divorce or consideration of controversial issues of marriage: raising children, depriving spouses of parental rights, violation of alimony payments - are dealt with by the district court.

They also decide on a divorce case. A period for a truce of spouses is set if the husband or wife does not want to continue the divorce process. The jurisdiction of the Magistrates' Court also includes administrative and criminal law issues.

What determines the length of a court session?

Appeal to state bodies always occurs individually. Divorce is different for every family. Several factors affect the duration of a meeting:

interest of both parties in the well-being of children. Constructive dialogue reduces the terms of the divorce court hearing;
failure of one of the spouses to attend the hearing.

When considering controversial issues, the termination of family relations takes longer. The court session may last up to six months.

You can start a divorce proceedings on the basis of an application from one of the spouses. Main reasons:

the defendant has no claims against the plaintiff;
husband/wives are missing;
death of a spouse;
the presence of a husband or wife in places of detention;
defendant's incapacity. Established exclusively by court order.

List of documents for divorce

To start a court hearing in a divorce case, you must prepare:

Original, 3-4 copies of the marriage certificate.
Originals, copies of birth certificates of joint children.
Salary certificate of both spouses. The document is needed to resolve the issue of alimony payment by the court.
Checks confirming the payment of state duty.
Statement of claim. If the divorce is carried out by the consent of both parties, then it is not necessary to state the reason for the divorce in the lawsuit.
Property documents.
Passport (copies of all pages).

If the defendant consents to the dissolution of the marriage through the courts, then an application certified by a notary must be received from him.

Applying

A divorce suit is filed by one of the spouses. When a break in relations occurs in a judicial proceeding, a package of documents requires special attention. The application must be drawn up correctly from a legal point of view. It can be submitted online. To do this, a personal account is created on the website of the state body.

The claim for divorce is filled out through a special form, where the plaintiff enters the necessary information. Mandatory items:

passport data;
reason for divorce.

After some time, the day of the first court session is appointed. The claim must contain the phrase that it is impossible to reach a truce. Along with the demand for divorce, the claim can include additional claims:

on the division of joint property acquired in marriage;
on the payment of alimony;
on the upbringing and living of children.

Consideration of statements of claim is carried out in a court session. The application for termination of the barque is automatically canceled if the spouses do not appear at the court after the end of the reconciliation period.

A little about the trial process

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to know how to solve your particular problem, please use the online consultant form on the right or call the free hotline:
8 800 350-13-94 - Federal number

8 499 938-42-45 - Moscow and Moscow region.

8 812 425-64-57 - St. Petersburg and Leningrad region.

The judge begins the procedure for dissolution of marriage by preparing for the hearing of the case. Both spouses are called to determine the firmness of the decision to dissolve the marriage. Upon receipt of mutual agreement on the termination of the union, a date for the first hearing is set. The duration of the procedure does not exceed 20 minutes.

The first court hearing in the case of divorce takes place one month after the application is accepted. The spouses are informed by notice when the trial will start. If the location of the defendant is not determined, the notification of the court session comes at the place of registration.

Rules of conduct in the courtroom

The court session in the case of divorce proceeds as follows:

if it is impossible to protect one's own interests, a trustee (lawyer, representative) is allowed to the meeting;
during the meeting, the judge is addressed to you (Your Honor), interrupting is unacceptable;
you can speak after the appeal of an official;
the orders of the judge are obligatory for all participants in the court session;
during the appeal it is customary to get up;
if the children are under eighteen, the case goes to the district court, which considers the issue of dissolution of marriage.

When the trial begins, the secretary is obliged to report on those present, non-appearance. Informing persons through notifications is specified. The meeting then proceeds to the next stage. The judge explains the rights and obligations to the participants in the case. Witnesses are removed from the hall where the meeting is taking place. Enter the hall by invitation only. Communication is not allowed while the trial is in progress.

Applications are submitted prior to the meeting. The court hears the opinion of the participants in the process on why it is necessary to carry out the dissolution of the marriage.

The presence of the parties ensures the timely consideration of the case. If one of the participants did not appear, the date of the court session is postponed at the discretion of the judge. The failure to appear of persons who have been duly notified is not a serious reason for postponing the hearing of the case.

The official makes the final decision, based on the legal framework, evidence, arguments of the spouses.

Hearing

At the court session, the possibility of reconciliation and the preservation of the family is discussed. The court draws the attention of the parties to the issue of independent upbringing of children. If the husband and wife cannot agree on the residence of the child, the judge intervenes in the process. The wishes of the smallest citizen, opinion, affection, moral climate of the family, psychological state are taken into account.

In the process of divorce between parents, the child needs the help of a psychologist. The court does not always leave the baby to the mother during the divorce. He has the right to stay with his father. The meeting takes place behind closed doors, when intimate aspects of the case are discussed. If the spouses do not have claims against each other, the divorce court session will not be long. If claims arise from the side of the defendant, then time is given for their settlement. The hearing may be adjourned for up to 3 months, after which the hearing is resumed.

The defendant may appeal the court decision within 10 days after its adoption. Otherwise, the relationship between the spouses will be considered terminated. Absence of both spouses postpones the meeting. If the parties filed an application for a hearing without their participation, the court makes a decision.

When You Can't Divorce a Marriage

By law, you cannot start a divorce hearing if:

wife is pregnant and against divorce;
newborn baby less than a year old.

Property division

Dividing property acquired in marriage equally in a judicial proceeding is rare. Usually one side gets more. The judge takes into account the interests of the child. In this case, the division of joint property will require the consultation of an appraiser. However, not all property is subject to division. The spouse cannot count on:

property acquired by the husband/wife before marriage. It remains with the owner;
donated, inherited movable / immovable property. This fact must be documented;
personal items, personal belongings of the second spouse. The exception is jewelry bought in marriage. Checks can be used as proof of purchase;
children's property;
items of daily use;
property, the use of which was carried out under a lease agreement. The spouse is not the owner, so the object cannot be divided outside the property.

In order for the meeting to go smoothly, it is advisable to do everything through a lawyer. The legal process requires special attention. Details may be missed. A properly drafted divorce lawsuit can turn the situation in favor of the defendant.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write a question in the form below:

If the married life fails, the husband and wife decide to divorce. Divorce in many cases is carried out through the courts. If the divorce occurs by mutual agreement, then you should contact the registry office to complete the procedure. In the event that your partner does not wish to divorce, you must unilaterally file a divorce petition with the court.

Circumstances in which a trial is necessary:

up to 18 years;
if one of the spouses is against the divorce;
when one of the spouses is not in the registry office (avoids), but theoretically approves of the divorce.

Let's analyze the presented cases in more detail. In the first option, the situation is clear: the wife and husband have a common minor child (), but they do not want to continue to live together. Then they have to go to court to get a divorce. The second case - one participant in the marriage union insists on its preservation, and the other does not agree to reconciliation. Such a couple will not be divorced, so they need to solve the problem through the courts.

The most interesting option is when the husband and wife agree to part in words, but one of them ignores this event and does not appear at the registry office on the appointed day. In this case, the initiator of the divorce may apply to the court with a divorce suit.

Do spouses need to attend court in person?

If the consent is mutual, but the spouses do not want to go through the formalities of divorce personally, then they can do this through their lawyers.

Divorce in this form is a common occurrence in Western countries.

Is it possible in our country to divorce through the court without the presence of a spouse? We will talk about this later in our article.

Divorce in the absence of one of the spouses is possible, as it is provided for by the legislation of the Russian Federation. There are various options in which the court decides to terminate the marriage. For example, if a husband or wife wishes to terminate the marriage, which is confirmed by notarized statements. The presence of the spouse is not required if the lawyer (legal representative) of the absent person has come to court. Divorce occurs if only one of the spouses appears at the meeting.

In Russian legislation, there are the following concepts of divorce in the absence of a husband (wife):

divorce without the presence of one party;
marriage is dissolved without the consent of the wife or husband.

Divorce without presence and without consent: what is the difference between these concepts

If one of the spouses is absent during the dissolution of the marriage, then this may not be due to a refusal, but to serious reasons.

Divorce without presence is when the absent person approves the divorce and proves this by his consent in writing.

Such a document must be certified by a notary public.

The absent spouse has the right not to come in person, but to send his legal representative. Divorce without presence is possible if the couple does not have children under 18 years of age. Special cases also allow divorce through the court in the absence of one person. These include the following circumstances:

aggression on the part of one of the spouses against the husband (wife);
the spouse is a foreigner, lives outside of Russia;
both spouses live abroad;
the place of residence of the husband (wife) is unknown;
one of the spouses does not have a residence permit.

You can also get a divorce if both parties are absent. To do this, the spouses must provide their representatives with powers of attorney (), which have notarial power.

A completely different option is a divorce through the courts, if one of the spouses is against the dissolution of the marriage. Such cases are regulated by Art. 22 RF IC. The court has the right to divorce a husband and wife in the absence of either of them at the meeting (CPC Art. 167). Divorce will take place through the court if one of the spouses is absent, and the other party does not have a notarized document confirming his consent to the divorce.

If a husband or wife stubbornly delays filing an application for divorce, then we are talking about evasion.

Then the case will be considered by the court (IC RF Art. 22,). Having accepted the statement of claim, the court without clarifying the circumstances will make a decision after a month.

At the same time, he notifies the defendant of the claim. The fact that the defendant is familiar with the content of the claim, with the date of the court session, is evidenced by his signature and notification of delivery.

A divorce case is simplified if the defendant files a divorce petition in his absence. The document must be certified by a notary. Such statements can be submitted by both parties when filing a claim or during the period of preparation for the consideration of the case.

It happens that the husband (wife) does not have the opportunity to personally participate in the divorce process for such reasons as disability, serious illness, or living in another country. In one of these options, there is a physical impossibility to be present in court. Then the absent spouse needs to document this impossibility. Confirmation of the fact of familiarization of the person with the case will also be required.

Today, courts allow video conferencing between divorce parties living in different countries or cities. To use this option, the plaintiff or defendant must declare this possibility in advance.

The practice of such divorces

Divorce through the court without the presence of one of the spouses is a common judicial practice.

The basis for dissolution of marriage under the law is the unwillingness of the husband or wife to continue to maintain the marriage.

The exception is when a husband cannot divorce his pregnant wife without her consent.

A similar case is the impossibility of divorcing a wife if there is a common child under 1 year old. At the same time, the court does not restrict the rights of the spouse. A woman can file for divorce immediately after giving birth or while pregnant. In this case, she takes full responsibility for her material support.

In practice, lawsuits are often filed by men without informing their wives of their intention to divorce. The woman finds out about this when she receives a notice to appear in court. The absence of both spouses in the process is a common practice of dissolution of marriages. Situations of this kind arise for various reasons: unwillingness to see a partner, lack of time, illness, departure of one of the spouses, partner living in another city, etc.

If one of the spouses is set to reconcile, he may protest and ignore the agenda. In these cases, a unilateral divorce is acceptable. It is possible only through the court.

If one of the partners ignored the divorce hearing three times, then the dissolution of the marriage will occur automatically. It does not matter whether the absence of this partner was unintentional or intentional. Such a reason as the ignorance of the husband (wife) about the trial does not affect the divorce procedure. These rules operate in accordance with the family law of the Russian Federation, when a family union is terminated at the request of one of the partners. Evidence of guilt of the other spouse is not taken into account.

If one spouse opposes the marriage, then the dissolution of the union will occur regardless of the reasons indicated in the lawsuit. The matter becomes more complicated if the couple has children under 18 or property disputes. These factors slow down the process, but do not affect the result.

Documents for divorce without the presence of a spouse

marriage certificate (original);
passport;
consent of the partner to divorce, certified by a notary;
a free-form application drawn up for going to court;
birth certificate of the child, if he is a minor;
an extract from the house book proving the fact of cohabitation with the child;
power of attorney for a lawyer (if necessary, representing interests in court);
documents that confirm the size wages;
receipt confirming the payment of the fee.