What threatens failure to appear at the divorce procedure: what happens if one of the spouses or both do not come to court? How to file a divorce without the consent of one of the spouses? Divorce if one of the spouses is against history

Divorce can happen for a variety of reasons. This happens at the wish of both parties or one of them. The procedure and process of implementing the dissolution of a marriage takes place depending on the attitude of both parties to the disintegration of the family. That is why the judicial practice in such cases is very diverse.

Can one person file for divorce?

Marriage takes place exclusively with the voluntary consent of both newlyweds. That is why the question arises of the possibility of its termination, provided that one of them is categorically against it. According to the legislation of the Russian Federation, including the Constitution, which indicates the right to freedom of choice and expression of one's own opinion, at the request of only one of their spouses, a divorce will take place.

The case with the lack of consent of one and the spouses in the presence of the desire of the second is considered longer and more difficult. If one person files an application for divorce knowing that the other does not agree with such a development of events, then one should go to court.

Divorce procedure

For consideration of the case without the consent of the husband or wife, the registry office is not suitable. There, such an application will not be considered, so you should immediately go to court. Moreover, depending on the circumstances:

  • the world court decides divorce cases between married couples who do not have children and common property or a dispute about it;
  • city ​​judges decide such cases in the presence of children and a conflict over the ownership of joint property.

The procedure for dissolution of marriage at the request of 1 spouse usually stretches from a month or more. In the absence of disputes and minors in the family, the judge usually gives time to finally consider the situation. Two outcomes are possible:

  • spouses are reconciled and there is no need to terminate family ties;
  • reconciliation does not occur and the judge is obliged to recognize the marriage dissolved.

This means that if one of the spouses files for divorce, the procedure will still take place and, if he is determined, the result will be a divorce.

If there is a property dispute or common children under the age of 18, in the absence of consent to divorce by one of the parties, the case may stretch for a long time period. However, the result will still be the termination of the marriage bond if at least one side wishes.

What to do if one of the spouses files for divorce?

The fact that the second spouse has filed a claim for divorce, the first can find out in several ways:

  • personally from a husband or wife. The situation is usually aggravated by the fact that before the official divorce, the spouses no longer communicate and live separately;
  • from a copy of the statement of claim sent by the plaintiff to the defendant;
  • by visiting the court and clarifying information on the existence of an open case.

The actions of a person who disagrees with a divorce can be different. The most correct would be an attempt to reconcile and eliminate all differences. So you can avoid divorce and save the family.

If it is not possible to resolve the issue with the elimination of the conflict, you will have to participate in the trial. Often, a claim for determining their place of residence, the procedure for communicating with a parent, etc. is added to the statement of claim for the termination of cancer in the presence of children. In this case, the defendant will have to defend his interests and present to the court all evidence of his desire and ability to participate in the upbringing and maintenance of the child.

Application for divorce from one spouse to the registry office

In rare cases, it is possible to file an application with the registry office for divorce only if one spouse wishes. Such an application will only be considered if there is an exceptional circumstance. These, according to the norms of the RF IC, include:

  • the absence of a party and the impossibility of expressing an opinion due to serving a prison term. Divorce will take place exclusively if the term of conviction is more than 3 years;
  • recognition by the court of the second party as untimely absent. To confirm this fact, it is necessary to have a court decision;
  • recognition of the second participant in the process as incompetent.

Only in these cases, one spouse has the right to apply to the registry office, pay a state fee of 350 rubles and wait for the divorce to be filed, regardless of the presence of children and common family property.

Thus, one person has the right to file an application for divorce and achieve what he wants, even despite the reluctance of the second. That is why a husband and wife can avoid such an outcome by agreeing to resolve conflicts. There is no other way out, since the couple will still be divorced.

In case of litigation, the following time limits are provided:

  • after 14 days from the date of filing the statement of claim, a court session on the merits is scheduled;
  • in accordance with the law, the judge is required to begin the process of dissolution of marriage within 30 days;
  • consideration of the case with all disputes and conflict situations must take place within a maximum of three months;
  • after the announcement of the decision, it enters into force within 1 month after the date of the trial;
  • if an appeal is filed, it will enter into force after its consideration.

Judicial practice in which cases they may refuse to satisfy the claim The court may refuse to satisfy the statement of claim for divorce can only be registered if the rights of a woman who is pregnant or with a child under 1 year old are protected.

Divorce through court

  • information about the birth of joint children;
  • information about joint property acquired during marriage;
  • information about the agreements reached - about children, about the division of joint property;
  • reasons for divorce;
  • if the decision to divorce is final, it is advisable to indicate that reconciliation is impossible in order to exclude the delay of the trial for 1-3 months (for reconciliation at the initiative of the other party in accordance with paragraph 2 of article 22 of the RF IC);
  1. Resolution:
  • divorce request,
  • additional requests: collect alimony for yourself (as for a disabled spouse) or for minor children, divide joint property, resolve a housing dispute, etc.
  1. List of applications;
  2. Date of;
  3. Signature.

Example Citizen Stepanova filed a free-form lawsuit with the court.

Divorce without the consent of one of the spouses

Either you go to the magistrate's court, or to the district court (it is customary to file a lawsuit at the defendant's place of residence). It all depends on your overall situation. Magistrate Is it possible to get a divorce without the consent of the spouse? Yes, in Russia there are a number of cases when this process takes place.

Of course, if there was consent, then the dissolution of the marriage would be easier. But not always in a pair, both are ready to break off relations. It is best to contact the magistrate on this issue in certain situations:

  • or when you do not have disputes regarding the residence of children;
  • or provided that the jointly acquired property to be divided does not exceed 50,000 rubles.

That is, theoretically, one can come to the world court with a divorce claim and only in the absence of significant joint property.


If this rule is not observed, you will have to file a claim with another authority.

What to do if the husband does not agree to a divorce?

Therefore, if you intend to end the relationship, be prepared for the fact that for some time you will "put up" with your spouse. As practice shows, by the time they apply to the court or the registry office, citizens no longer live together.
Therefore, all that remains for you is to wait for the reconciliation period to expire. Usually, only 30 days, a month, are given to think about a decision.

Important

If you are determined, after this period you will definitely be divorced. It does not matter, in the registry office or in court. The main thing is that you get your way.

Just keep in mind: if you decide to make peace and save the relationship, the claim will have to be taken away. You must meet within the allotted month. Or do it directly at the hearing.

Men-women Divorce without the consent of one of the spouses is always formalized, with rare exceptions, it will not be possible to break off relations. In Russia, a lot depends on who is filing a lawsuit.

How to file a divorce without the consent of one of the spouses?

Approximately from the 3rd time, the divorce will take place without the participation of both spouses. You will be issued a court opinion, which will be useful later.

Indeed, after the trial, the divorce is not considered fully completed. One more thing needs to be done. The final stage Making a divorce without the consent of the spouse is a very time-consuming process.

As soon as you have a court decision indicating the termination of a previously legalized relationship, you can proceed to the last step. We are talking about a visit to the registry office. After all, you need to get a divorce certificate.

You need to come to the registry office at your place of residence. Take with you:

  • passport;
  • the court's decision;
  • marriage certificate;
  • birth certificates of children (if any).

In addition, you will have to pay a state fee for issuing a certificate.


At the moment, an additional 350 rubles will be required from you.

Relationships between spouses in each couple can be different, they depend on life situations that are experienced together. Often one of the spouses understands that living together, housekeeping, raising children ceases to suit him.

Attention

In this case, someone tries to overcome himself and stay in the family, while others leave it. In order to completely and officially end the relationship with a spouse, it is necessary to dissolve the marriage.

During this process, questions may arise regarding the division of jointly acquired movable property and real estate, establishing the procedure for communication and the place of residence of the child, who remains to live separately from the ex-husband or wife. Dear readers! The article talks about typical ways to solve legal issues, but each case is individual.

Divorce without the consent of the spouse in the presence of common children

It is more difficult when the spouse does not give his consent and does not want to appear in the registry office, then this issue should be resolved in court. The legislation provides for cases in which a wife or husband will be issued a pre-trial divorce (registry office).

Such grounds, which do not require the consent of the other party, are the following:

  • the spouse was declared incompetent by a court decision (during the period of marriage he lost the opportunity to independently navigate in space, serve himself, think rationally);
  • he is recognized as missing (there is no way to find out about his location for 5 years);
  • is serving a sentence in an institution of the penitentiary system for a period of more than 3 years.

Divorce through the registry office in case of disagreement of one of the spouses

How to get a divorce without the consent of the second half?

  • In what cases are required to divorce by law
  • Where to apply
  • How the case will be handled
  • Divorce without notice to spouse
  • Reasons for divorce without filing a lawsuit
  • Conditions under which a husband cannot divorce unilaterally

In Russia, marriage is concluded between a man and a woman only with their voluntary consent. There is no law that would oblige them to live together against their will. Therefore, spouses can divorce at any time. Even if one of them is against divorce, it will still happen sooner or later at the request of the second. In what cases are they required to divorce by law? The divorce procedure is unilaterally regulated by the Family Code of the Russian Federation.

  • In one statement of claim, you can voice the requirements for divorce, for determining the place of residence of the child, for the recovery of alimony and the division of property. This approach will significantly avoid unnecessary red tape, saving time.
  • Be prepared to provide the court with various documents that may be needed: a certificate of ownership, a vehicle registration certificate, a marriage contract, a declaration of income, and more.
  • At the divorce proceedings, the presence of the plaintiff and the defendant in person is not necessary; instead of them, their official representatives with the appropriate power of attorney can participate in the case.
  • The court may consider the case without the presence of one of the parties at the trial, provided that the plaintiff or the defendant were duly notified of the date of the case and there is no good reason for their failure to appear.

If during a divorce one of the spouses does not agree to a divorce

Thus, according to the provisions of the procedural law, the claim must be accompanied by documents that confirm the circumstances listed in it. For example, if the claim lists material assets that must be divided during the divorce process, you need to attach title documents - checks, receipts, purchase and sale agreements.

It is advisable to start preparing documents long before the divorce decision is announced to the second spouse, especially if his categorical unwillingness to divorce is assumed. It is possible that he will interfere with the divorce process by hiding or destroying important documents.

But even in this case, you can file a claim without some documents, setting out the state of affairs and asking the court to demand the missing documents for the consideration of the case. Consider what is the full package of documents for divorce.

of the Family Code of the Russian Federation The duration of a divorce in such cases and its complexity depend on many different nuances:

  • the presence of children;
  • obstruction of the process;
  • the possibility of reconciliation;
  • territorial location of the spouses.

If one of the spouses wants a divorce, and the other is categorically against it, you can get a divorce, but in such cases it will be a little more difficult and take more time. Is it possible to dissolve a marriage through the registry office if the spouse disagrees?

  • spouses do not mind;
  • no common children under 18;
  • Both spouses are capable.

If the spouse is alive, law-abiding and of sound mind, but does not want to get a divorce, then you cannot get a divorce through the registry office.
In order not to waste time, you need to prepare in advance:

  • statement of claim (2 copies);
  • claimant's passport;
  • marriage registration certificate;
  • a receipt confirming the fact of payment of the state duty (650 rubles);
  • birth certificates of common minor children (copies certified by a notary may be used);
  • a certificate of family composition (if the children live with you);
  • marriage contract (if any);
  • certificates of income of both parties (if the issue of alimony is considered);
  • documents on the property of the plaintiff (if the issue of division of property is considered).

An application for divorce is drawn up in free form, it is important that it does not violate the norms of the Code of Civil Procedure of the Russian Federation. If there are no children and joint property, the judge pays special attention to the completeness and reliability of the attached documents.

Divorce terminates the marriage relationship between a man and a woman. The divorce process is not easy in its emotional component and the situation is often aggravated by the presence of property claims of the spouses to each other. In addition, the wife or husband may not agree with the other spouse's decision to divorce. Why the law allows divorce without the consent of one of the spouses, we will consider in the article.

Termination of marriage without the consent of one of the parties

Divorce without the consent of the husband or wife is carried out in court proceedings (Article 21 of the RF IC). It is logical that a divorce without the consent of one of the spouses does not imply reaching an agreement between them on the termination of marital relations. Sometimes there are situations when one of the parties not only does not want to get a divorce, but also hides or avoids meetings.

There are many reasons for this, but if such a situation has developed, then the other side of the marriage cannot do without the participation of a specialist in the divorce process. If the second spouse does not appear for a long time, the lawyer begins to look for him. Several factors contribute to this:

  • A citizen may consent to a divorce. This will greatly facilitate the position of the second spouse (s).
  • A meeting with the other party at the beginning of the court session will allow reaching agreements on the topic of alimony and determining the place of residence with the child or children.
  • Meeting spouses can prevent a legal separation.

Reasons for disagreement of one of the spouses to divorce

How to file for divorce unilaterally - this question is often asked to specialists by those spouses whose other halves refuse to divorce. Practice shows that the frequent reasons for this is the desire to cause trouble to the other side, and also property claims against each other play an important role. It happens that a couple gets divorced due to the presence of a new lover in the life of one of the men or women.

The court gives time for reconciliation to the spouses. According to Article 22 of the RF IC, this is three months. There is no need to delay the litigation and dissolution of marital relations, as well as to reduce the price of common property, which is subject to division by law between husband and wife. The judge resumes the consideration of the case after the expiration of the term: in the meeting, it is necessary to fix the motives for the divorce and initiation of this case.

It happens that they are not similar to the arguments that were indicated in the claim. Divorce through the court, if one of the spouses does not agree, is expressed in the fact that the party that acts as a plaintiff in these legal relations must prove to the court the impossibility of further marital relations between a woman and a man. The court must be convinced of this, since it has the right to refuse the statement of claim on the basis of the conclusion that the preservation of the cell of society is possible, and discord between husband and wife is temporary.

If the husband filed for divorce without the consent of his wife, and in the courtroom the woman suddenly decided to divorce such a spouse, then the court refuses her application. The judge explains that she must turn her desire into the form of an independent claim against her husband. But this is possible if the plaintiff in court changed his mind about getting a divorce and declared it himself.

If one of the spouses consents to the termination of marital legal relations of a formal nature and does not wish to divorce, nevertheless, without raising objections to the separation, the marriage union is terminated in court. Consideration of the case in this case will not be of a lengthy nature, since the judge does not reconcile the husband and wife. The reasons for the discord and legal separation are of no importance, and the presence of the spouse at the meeting, who was notified of his place and time, will not be considered mandatory.

One of the couple, due to objective reasons, may not be present at the hearing. For example, this may be residence in another state or or arrest. Then the law allows divorce unilaterally: the husband or wife agrees with the divorce, but physically cannot attend it, then their representative is enough. Divorce through the registry office without the consent of one of the spouses is not allowed. But if the parties have agreed among themselves and they have no children, then the presence of one spouse is enough to dissolve the marriage.

The registry office staff must prove that the second spouse (a) cannot be present at the registry office due to objective reasons. In the registry office, the end of a marriage is registered for 31 days. This time cannot be changed by the spouses. Spouses can return their previous surnames, and an application for this is submitted before the registration of the divorce proceedings.

Property issues in the separation of spouses

Most often, disagreement with a divorce is due to property issues. Many men and women are afraid to part with their favorite and expensive things, preferring to live in the same territory with each other, while being in a terrible relationship. The most important thing in this situation is to understand the whole inferiority of such a situation and file a lawsuit for the division of property.

In addition, many spouses are saved by the conclusion of a marriage contract, in which it is possible to determine the procedure for dividing property in the event of separation, as well as other issues related to property. The advantage of a marriage contract is that this document allows you to pre-distribute property between the parties, even that which will appear in the future. The parties to the dispute need to evaluate their property in advance, before the start of the court session.

According to statistics, the number of divorces in Russia every year exceeds the number of marriage registrations by 5,000 cases. This happens for various reasons: the fading of feelings, harmful addictions, his or her infidelity, etc. But not every breakup of a family is accompanied by a mutual desire to divorce. Sometimes one of the spouses does not want a divorce, and the second puts up with such an outcome, because he does not know his rights and opportunities. However, there is a way out of any situation! You can divorce your husband or wife without their consent.

Is it possible to get a divorce if the husband or wife is against divorce

Most marriages are formal. And it just so happens that a person who does not go into the details of family law is sure that divorce is possible only with the consent of the second spouse. Because of this, many couples simply “break up”, without dissolving the marriage and waiting for the moment until the other side gives consent. But you can not force a person to be married against his will, so you can achieve a divorce! Only the method of dissolution of marriage depends on consent.

Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.

Article 22 of the Family Code of the Russian Federation

The duration of a divorce in such cases and its complexity depend on many different nuances:

  • the presence of children;
  • obstruction of the process;
  • the possibility of reconciliation;
  • territorial location of the spouses.

Is it possible to dissolve a marriage through the registry office if the spouse does not agree

You can get a divorce through the registry office if:

  • spouses do not mind;
  • no common children under 18;
  • Both spouses are capable.

If the spouse is alive, law-abiding and of sound mind, but does not want to get a divorce, then you cannot get a divorce through the registry office.

Alsou Urazaeva

Divorce through the court without the consent of one of the spouses

In case of divorce through the court, the consent of the second half is not necessary. This procedure is always possible, except in the following cases:

  • if the plaintiff is a husband and the wife is pregnant;
  • if there is a child under 1 year old;
  • if the child was born dead, but not yet a year has passed since his birth.

Important: in case of pregnancy or having a child (under 1 year old), the court will not take into account the fact that the husband is not the biological father.

How to start divorce proceedings

The suit for divorce can be referred to the court at the place of residence of the second half. Only sometimes at the address of the applicant:

  • if a minor child lives with the plaintiff;
  • if there is a certificate of the impossibility of leaving due to health reasons.

Example: a wife filed for divorce, but her six-year-old son lives with her. In this case, she can apply to the court in her place of residence. Or the applicant is a husband, but he has a broken leg (there must be a doctor's report), then he can take the application to his place of residence.

Dmitry Melnikov

If the address of the defendant is unknown, then you can apply to the court at the last address where he lived.

Video: how a divorce works in court

When they can divorce in the magistrate's court

If there are no disputes about alimony and property, a divorce suit is filed with a justice of the peace, who can:

  • satisfy the claim;
  • adjourn the hearing for 1 month;
  • refuse satisfaction.

The court cannot change the jurisdiction at the request of the husband (wife). An application containing alimony requirements or a division of property must be applied to the district court.

What documents are needed to file a claim

In order not to waste time, you need to prepare in advance:

  • statement of claim (2 copies);
  • claimant's passport;
  • marriage registration certificate;
  • a receipt confirming the fact of payment of the state duty (650 rubles);
  • birth certificates of common minor children (copies certified by a notary may be used);
  • a certificate of family composition (if the children live with you);
  • marriage contract (if any);
  • certificates of income of both parties (if the issue of alimony is considered);
  • documents on the property of the plaintiff (if the issue of division of property is considered).

If there are no children and joint property, the judge pays special attention to the completeness and reliability of the attached documents. The court may not accept the claim for consideration if there are serious violations in it. Yes, it must contain:

  • the name of the judicial body;
  • information about the plaintiff and the defendant (passport data, actual address and registration, contact numbers, etc.);
  • the reason for the divorce;
  • list of applications;
  • date and signature.

Features of divorce, when one of the spouses does not agree to it

Each divorce has its own subtleties, on which the further course of events and the duration of the procedure depend. Often everything is decided by the chosen course of action.

Example: the initiator of the divorce and the division of property was the wife, and the husband was against it. In the application, she wrote the reason “We didn’t get along” and “forgot” to attach some documents. The defendant has read the copy of the claim and other documents. After that, he filed a counterclaim indicating the reasons “Alcoholism of the spouse and violation of the terms of the marriage contract”, and also attached the necessary medical certificates and documents on the property that belonged to him before marriage. The result was the satisfaction of the counterclaim. The division of property did not bring the plaintiff anything.

Ksenia Artyushkina, lawyer

Usually applications for divorce and division of property are filed simultaneously or both requirements are contained in one application. But if property issues concern someone else (third parties), the court may decide to consider a specific case in a separate manner. For example, the court divorces the spouses, and considers the issue of division of property at other times.

Duration of divorce

The duration of divorce proceedings depends on jurisdiction. If the claim is filed in the Magistrate's Court, then the first hearing date is set (after 30 days). Spouses receive subpoenas in the mail. If both agree, then in a month a court decision on divorce will be sent to the registry office.

If one is still against the divorce and believes that reconciliation is possible, the judge sets a time limit for reconciliation (up to 3 months). If during this time the couple does not reconcile, she will be issued a divorce. But the dissenting party can buy some more time if it has time to appeal the decision within 30 days.

In district courts, the situation is a little different, a hearing can be scheduled after 2 months from the date of filing the claim.

In cases where both did not come to the meeting, the marriage is considered saved and the case is closed. If only one does not appear, the court will consider the case without him or set a new date. But if the defendant does not come three times, then the decision on divorce will be made automatically.

Divorce procedure with children

When there are small children in the family, the divorce procedure becomes somewhat more complicated. Firstly, more documents are needed than under normal circumstances.

Package of documents for the child:

  • birth certificate,
  • residence confirmation,
  • certificate from school, etc.

Secondly, the court will take into account the interests of the child. If the parents have not agreed on the children amicably and have not recorded the agreement with a notary, then the question of their future upbringing will be considered in court.

Most often, the court takes the side of the mother and the children stay with her after the divorce.

Alsou Urazaeva

It is important to know that the issue concerning the future of children, the court can separate into another proceeding and consider it separately from divorce. The further future of children is also determined by the court. When making a decision, many factors are taken into account:

  • material security of the parties;
  • personal (moral) qualities of parents;
  • attachment of the child to one of the parents (relatives);
  • conditions offered to the child in the future;
  • the type of activity of the parents (work schedule, etc.).

Many people think that material well-being will play a decisive role, but this is not so.

Example: during a divorce, an 11-year-old child remains, the father demands that the son stay with him, because he has more money, a better apartment, an expensive car, a well-paid job, etc. The court took into account the child’s desire to stay with his mother and grandmother, the presence they have a private house (the best environment), which is located near the school. And also the mother of the child provided medical evidence that the ex-husband abuses alcohol. The child stayed with the mother.

Oleg Babkin

The court decision is made on the basis of a combination of factors that should provide the child with normal upbringing and conditions for development, since the interests of children in such cases are a priority.

Video: how to divorce spouses if he (she) does not give consent

So, it is impossible to get a divorce through the registry office without the consent of the other party. If one of you is not eager to divorce, the application must be carried to the court. He will dissolve the marriage, because one cannot force a person to be a husband or wife against their will. If there are small children in the family, then the court will also determine their future. In any case, they will try to set a deadline for reconciliation. Do not neglect it, this is additional time when you can reconsider your decisions again.

Divorce in itself is a rather complicated process. Especially when the divorce takes place without the consent of the spouse or in another city. You will learn how to file a divorce without the consent of the husband or without the consent of the wife, what documents are needed for this and where to apply, you will learn from this article.

Divorce without a husband, consent of the spouse, unilaterally through the registry office

Divorce without the consent of one of the spouses is a process in which one of the parties wants to terminate the relationship, and the other opposes this action. In this case, the divorce process is delayed for a longer time than when it is done by mutual agreement.

Article 21 family code Russian Federation, if a divorce is to be obtained without the consent of the husband (wife), then it will be carried out in court. And if the spouse not only does not agree to the dissolution of the marriage, but also avoids meetings in every possible way, then, most likely, you will have to look for him with the participation of a lawyer.

If you are absolutely sure that the search for a spouse is a useless affair and there is no need for it, then you should start the divorce procedure without him.

Typically, one spouse is unwilling to consent to a divorce from the other spouse for one of the following reasons:

1) Has property claims.

2) Desires to deliver to the second spouse more difficulties and problems associated with filing a divorce without his consent and presence.

3) Wants to prevent the second spouse from entering into a new marriage.

In fact, there are many reasons for this behavior. Agree, each person has his own motives and reasons for such actions. Therefore, it makes no sense to analyze each separately. In this case, it is important to decide what actions should be taken in this situation.

In the event of a divorce without the consent of the spouse, the court sets a conciliation period of three months. And this fact creates additional difficulties and risks for the party wishing to dissolve the marriage. For example, during this period, a spouse can significantly reduce the value of common property or take a loan supposedly for family needs.

Of course, with the desire and competent assistance of a lawyer, you can prove that the borrowed funds were used for the personal needs of a spouse who does not want to agree to a divorce. But still, this will create additional difficulties and costs (both temporary and financial).

When the three-month period of conciliation comes to an end, the trial will be resumed.

Article 22 of the Family Code of Russia establishes a provision according to which divorce can be carried out in the event that the court establishes the impossibility of preserving the family. In other words, if the court concludes that it is possible to save the family due to temporary discord between the spouses, then it may dismiss the claim.

In a situation where the defendant agrees to the dissolution of the marriage, and the plaintiff, on the contrary, wishes to refuse it, the claim will be denied. But the defendant in this case has the right to file an independent claim, in which he will already be the plaintiff.

If the spouse has given formal consent to the divorce, but in fact does not want to divorce, then according to Article 21 of the Family Code of the Russian Federation, the marriage will be dissolved in court. In this case, the trial takes place in a simplified manner and the court will not apply measures to reconcile the parties. The reasons for the divorce will not matter, and the presence of a spouse who has been duly notified is not required.

Each spouse has the right to divorce. However, this rule restricts the rights of a man in the event that his wife does not agree to a divorce and is registered for pregnancy or the age of their child is less than 1 year.

Divorce without the consent of the husband through the Internet

A wife can divorce her husband at any time, whether she is pregnant or not. But in the case when the spouses have a child under the age of majority, a three-month conciliation period may be appointed by the court. At the same time, it is mandatory to provide evidence to the court with whom the child actually lives and with which parent he will remain after the marriage is dissolved.

To dissolve a marriage without the consent of the spouse, you must provide the court with evidence that he refuses to file a divorce on a voluntary basis. If this evidence is not provided, then the application may be left without movement, despite the accuracy and literacy of its preparation.

If the divorced spouses have any property claims, then this fact can further complicate the divorce procedure.

Divorce without wife's consent

In general, divorce without the consent of the wife is similar to the procedure for dissolution of marriage without the consent of the husband. And if, as a result of negotiations between them, a common solution is not reached, then the divorce will be carried out in the manner described above, with the exception of the case when the wife is pregnant or is raising a child under the age of 1 year.

Divorce from a husband without the presence of a spouse

But not always filing a divorce without the consent of the spouse means the same thing as a divorce without his presence. For numerous reasons, one of the parties simply cannot be present at the time of the dissolution of the marriage. For example, this situation may arise if one of the spouses is serving a sentence in places of deprivation of liberty or lives in another state, but does not prevent the dissolution of the marriage.

In the event of the above situation, divorce is allowed unilaterally.

If both spouses agree to dissolve the marriage, but one of them cannot physically attend this procedure, then the divorce can be carried out with the participation of his representative.

If the spouses do not have children under the age of 18 and they are not opposed to divorce by mutual consent, then this process can be carried out in the civil registry offices in the presence of only one of the parties.

Divorce with the division of property in another city through the court

In case of divorce, provided that one or both spouses live outside the place of registration and divorce (in another city), the divorce process has certain nuances.

The most easily resolved situation would be the following: The spouses wish to obtain a divorce by mutual agreement and they do not have minor children. In this case, an application for divorce should be submitted to the civil registry office either at the place of state registration of the marriage, or at the place of residence of one of the spouses.

Simply put, if you live in another city, then you should take a divorce application form from any registry office. Then you need to fill it out and submit it to your place of residence.

In the case when the second spouse is not able to appear at the registry office to file a joint application for divorce, then his desire can be formalized in a separate application. But in this case, the signature of this spouse must be notarized without fail. Together with the submission of the application, it is necessary to submit a marriage certificate and a receipt for payment of the state duty.

Usually, taking into account all the above conditions, the marriage is terminated no later than a month later. After this procedure is completed, you have to go to the registry office and receive a certificate of divorce. A representative can also receive this document, if you issue him a power of attorney.

After you receive a certificate of divorce, you will need to go to the territorial office of the FMS at the place of residence and present it. After that, a divorce stamp will be placed in your passport.

If one spouse does not consent to the dissolution of the marriage, or if there are children under the age of 18 in this family, then the divorce will be carried out in court. In this situation, a statement of claim for divorce must be filed with the court at the place of registration of the defendant. If the place of residence of the defendant is not known at the moment, then the plaintiff has the right to file an application at the location of the property of the defendant, or at the last known place of his residence.

In the case when children under the age of 18 live with the plaintiff or when, for health reasons, he is unable to come to the place of residence of the defendant, the divorce case may be considered in court at the place of his residence.

Also, the plaintiff has the right to file an application for divorce at the place of his residence in the case when the place of residence of his spouse is unknown and it is impossible to establish it. After 5 days after the filing of such a claim, the court will have to consider it and make one of the following decisions:

1) Accept it for production.

2) Refuse to accept it.

3) Leave him motionless.

Place of divorce without the consent of the spouse

Regardless of whether the spouses have minor children, divorce without the consent of the other party will be carried out at the civil registry offices in the following cases:

1) The spouse was declared legally incompetent by a court decision.

2) The spouse was convicted and imprisoned for more than 3 years.

3) The spouse was declared missing.

In all other cases, a divorce without the consent of the spouse can be obtained exclusively through the courts. In this case, the necessary package of documents must be submitted to the court. A more detailed list will be posted below.

Documents required for divorce in case of disagreement of the other party

Article 132 of the Code of Civil Procedure of the Russian Federation defines the main package of documents required for a divorce in court. It includes:

1) The original statement of claim, written according to the established model, indicating the data of both parties (last name, first name, patronymic, residential address), name of the court, reasons for divorce, material claims, as well as wishes regarding the spouse with whom children under the age of majority will remain . The claim indicates the actual circumstances of the dissolution of the marriage, as well as the legal grounds for this action.

2) A copy of the statement of claim, which must be served on the defendant.

3) A document that will certify the circumstances set forth in the claim. This may include certificates of beating issued by a medical institution or evidence of a spouse's infidelity.

4) Receipt of payment of state duty.

If the claim is filed by a representative, then it is necessary to submit documents that will be a confirmation of his authority.

The application must also be accompanied by:

1) A copy of the birth certificate of the child (children).

2) Original marriage registration certificate.

3) An extract from the house book as confirmation of the defendant's residence.

If in the process of dissolution of marriage the issue of paying alimony is resolved, then the plaintiff will also need to submit a certificate of the defendant's salary, as well as other documents on the latter's income.

The following documents are required for the division of joint property:

1) Inventory of property.

2) Documents of ownership.

3) Documents on the value of the property to be divided. For example, a contract of sale, checks, an act of valuation of vehicles.

To resolve the issue regarding the place of residence of minor children, the court should submit a reference from the spouse's place of work or an act on the examination of housing conditions.

The duration of the divorce proceedings without the consent of the second spouse

According to Article 154 of the Code of Civil Procedure of the Russian Federation, all issues related to the dissolution of marriage are considered within 2 months from the date of filing the statement of claim. But at the same time, the court can take measures to reconcile the spouses, namely, the consideration period is postponed for a period of up to 3 months. Usually this action is carried out at the request of the plaintiff.

After the time period determined by the court is completed, and the preservation of the family is not possible, according to Article 25 of the Family Code of the Russian Federation, the marriage will be dissolved. Then, within 3 years from the date of entry into force of this decision, the court will send an extract to the registry office, in which the marriage was concluded.

It is worth noting that until the receipt of a certificate of divorce, neither of the spouses has the right to enter into a new marriage.

ADDITIONAL RELATED LINKS

  1. Divorce is the dissolution of a marriage between spouses. Although there is no official term “Divorce”, such concepts as “Divorce” and “Marriage Termination” are used.

  2. When it is not possible to conclude an agreement on the division of the debts of the spouses, one has to resort to filing a claim for division. The debts of the spouses in the division of property are divided in proportion to the property being divided.

  3. Divorce in the presence of minor children is a more complicated procedure than when it occurs in the usual manner through the registry office. In the process, a lot of issues related to children after a divorce should be resolved.

  4. The moment of marriage is the starting point for the emergence of the rights and obligations of the newly-married spouses. More detailed information on this issue can be obtained by reading the article.