Is it possible to get a divorce without the presence of a husband: analysis of possible situations and resolution of issues. Is it possible to get a divorce without the presence of a husband: analysis of possible situations and resolving issues Is it possible to get a divorce alone

The decision to divorce is never easy. Even if you and your husband have hated each other for several years and instead of " good morning” you sing “so that you die.” And then one day the decision was made. Ahead are courts for the division of property, disputes over alimony, nervous breakdowns, quarrels over the child and with him, unable to understand why the people most dear to him will now live separately, insomnia and a clear desire to hire a killer for the “former”. All this can be avoided if you manage to negotiate with your spouse. So, how to get a divorce without scandals.

This is not about necessarily being friends after a divorce, this is already a personal matter for everyone. We are talking about a civilized divorce. How to get a divorce without scandals, without quarrels, tears and others right ways get wrinkles ahead of time.

At the negotiating table

If you cannot agree with your spouse on the terms of the divorce, the court will do it for you. And it’s not a fact that the court’s decision will suit you. Rather, on the contrary: it will not suit you or your ex. Think about the emotional side of court hearings: your dirty laundry will be rinsed by the judge and lawyers, and in addition to this, you will also be persuaded to reconcile. And, of course, the court is tedious, long and dreary, it's many hours of queues, it's the postponement of hearings - and the notorious three months to think about the decision that you made a long time ago.

So learn to negotiate. Calmly, in a businesslike way, as, say, with a colleague. Peaceful separation is work. And work for two. Say "no" to ignorance, accusations, claims, blackmail (e.g., "I won't let you see the baby if you don't provide for me until I remarry").

When talking with the former, you should not remember his mistakes, reproach him. He is no longer de facto your husband, but an outsider. So take him as an outsider. You wouldn't yell at someone else's man if he did or said something wrong, right? Hold back your emotions and ask him to do the same.

If it does not work right away, then wait a while. When the pain goes away, when maybe you calm down and realize that divorce is the best thing that happened to you in the last year (no matter how blasphemous it may sound, but it is often true), when you become indifferent to this person, then and sit down at the negotiating table.

Note to the owner

First, define a common goal. Both you and he probably want the divorce to go peacefully, calmly and quietly, don't you? Then step directly to this goal.

  1. Make a list of issues that need to be resolved in the divorce process. For example, child support, his further education (if the husband paid for college), the division of property.
  2. Write for each question the answer that satisfies you. For example, on the issue of the financial component, you write “I have an apartment, you have a dacha.”
  3. Determine the order in which the children meet with their father. What time suits you, the number of these very meetings, the opportunity for children to spend holidays with their father, and so on.
  4. Remember if you have debts, loans hanging on you, if there are a bunch of unpaid receipts or fines lying around. It is possible that most of the things borrowed or on credit were needed by your ex. Therefore, now he himself will justly pay for all this.
  5. If you still have common property, for example, a car or a country house, which you both will use, then write a schedule for use. Write only for yourself, not for your spouse.
  6. Be sure to go somewhere to relax or change something in your life, whether it's work or part of the wardrobe. Get a dog or a new hobby. Let the changes happen before you start discussing your new relationship with your ex-spouse.

Invite your husband to answer the same questions. The points on which disagreements will appear (you will be surprised, but there may not be so many of these points), you will have to discuss. Again - at the negotiating table, and not in shouts and disputes, in which, contrary to the well-known saying, not truth is born, but only anger at each other. Listen to his arguments carefully and think about whether you are able to meet him halfway. If not, look for a compromise, a solution “in the middle”.

Agree with him what to say to the child about the fact that mom and dad are no longer living together. And also agree that neither you nor he should ever speak badly about each other in the presence of the child.

If you had teamwork or there was a small business, discuss whether you are ready to work further together or not.

Often, ex-spouses cannot find mutual understanding because of the desire to do “out of spite”. As a result, negotiations are dragging on, but there is still no solution. To prevent this from happening, try to get rid of the hatred that you may have for ex-husband. Indifference is what will help you negotiate.

And don't blame yourself for the situation. Both of you are to blame for what happened, but looking back is pointless. Look ahead and do not forget to draw up a marriage contract before concluding the next union.

Fast? In general, breaking up officially registered relationships is not as easy as it seems. Especially if the marriage is complicated by something. For example, the presence of minor children. In any case, you can terminate the relationship at any time. This right is given by law to all citizens. Nobody is able to take it away. However, you need to be aware of a few nuances. Otherwise, the divorce process will not only drag on for a long time, but will also bring a lot of problems to the spouses. So what should you pay attention to? How can you get a divorce pretty quickly? Especially if there is no protest from the second half.

From the situation

A huge role is played by the situation that takes place in the family. Somewhere divorce takes place in a matter of days. In some cases, it drags on for many months. And the consequences also take quite a long time to sort out.

That is why you should first pay attention to what kind of development of events takes place in a particular cell of society. How to quickly divorce your husband? The fastest way is mutual consent. Then you don’t have to wait once again and seek the approval of your spouse. Therefore, the first advice - you need to enlist the support of the second half. It is likely that she is also not happy with the registered relationship.

Without property

To begin with, it is worth considering the simplest scenario: when the marriage is not burdened by anything and the parties do not have any jointly acquired property or disputes regarding this issue. Then an urgent divorce is issued in a month.

Citizens must apply to the registry office at the place of residence of one of the parties. Certain documents are submitted there, then you need to wait a month. During this period, the husband or wife is able to withdraw the application for divorce. 30 days according to the law is the time of reconciliation.

As soon as this period expires, the parties must return to the registry office at the appointed time (possibly at different times, not necessarily together) and receive a divorce certificate there.

Documents that you need to bring with you to terminate the relationship (at the first visit):

  • statement;
  • parties' passports;
  • receipt for payment of state duty.

Property disputes (small)

How to get divorced quickly? If we are talking about more serious relationship who were burdened by the purchase of common property, you will have to try. Especially if there are disputes during the separation.

Here you can break down property issues and divorce into several parts: disputes small and large. In the first case, it is recommended to agree. If this does not work out, then the initiator of the divorce must go to court.

You should not be afraid of this. You will need to write a claim and submit it with a certain list of documents to the district court (at the place of residence of one of the spouses). They bring with them:

  • passports of applicants (or one of them);
  • marriage certificate;
  • documents for joint property;
  • payment document, which confirms the payment of the state fee for divorce.

The minimum term for consideration of the case is 3 months. So much is allocated for reconciliation of the parties. If desired, citizens can withdraw the claim and not file a divorce.

Serious property disputes

Nevertheless, it often happens that people tune in decisively. Then there is only one thing left - to get divorced. If we are talking about mutual consent, but at the same time the divorce process is burdened with serious property disputes (over 50,000 rubles), then you will have to go to the world court.

There is no significant difference in performance. But, as practice shows, it is best to peacefully agree on the division of everything acquired together. And this is normal. It is recommended to conclude Or in advance at the notary, or already directly in court. Then it will be possible to get a divorce without problems.

The documents that must be submitted to the Magistrate's Court are the same as in the case of applying to the district authorities. Special attention should be paid. After all, that is why it is necessary in judicial order shape the process.

Children

How to get divorced quickly? It will not be possible to bring the idea to life in the shortest possible time if people have minor children. We are talking about joint kids. In this case, the only way is through the courts. There is only one difference - in the absence of disputes regarding the residence of children, the termination of the relationship ends faster.

Parents were able to agree with whom the children will live? Then a settlement agreement is concluded (preferably in advance, with a notary), after which the previously listed documents are submitted to the Magistrate's Court. If there is a conflict, then you will have to invite the guardianship authorities and additionally provide:

  • income statements;
  • birth/adoption certificates (in case of any divorce);
  • confirmation of the availability of housing;
  • results of a medical report on the state of health.

In general, everything that will help indicate the well-being of parents. In particular, those with whom the children are supposed to live. This is a completely normal practice, you should not be afraid of it. Usually minors stay with their mother.

newborns

How to get divorced quickly? Practice shows that during the wife's pregnancy and after childbirth, a man is not able to bring the idea to life. If he intends to terminate the officially registered relationship, then he will have to persuade his wife to do so. A pregnant woman can file for divorce, her husband cannot. And this right is reserved mainly for a woman for a year from the moment the baby is born.

In general, the process is no different. If the spouses both agree, they apply to the registry office with a statement at the place of residence of the wife. In the presence of disputes - in the world or district court. The plaintiff must be a woman.

After the courts

Now it’s clear how to get a divorce quickly by mutual agreement. However, what to do if the judgment is already in place? Courts do not issue divorce certificates. So, it is required to produce the corresponding document.

As already mentioned, you need to come to the registry office. There are provided:

  • certificates of a court decision;
  • application of the established form;
  • the identity of the parties;
  • certificate of marriage and birth of children (if any);
  • fee payment receipt.

After that, the employees will issue the appropriate document to each of the parties. can be picked up. Only then can the process be considered 100% complete.

Price

What else needs attention? That divorce is not a free process. Just like getting married. As practice shows, citizens will have to pay for these procedures.

The cost of a divorce in 2016 is 650 rubles. This amount is paid by one of the parties, it is considered for both spouses. Not too big money.

In addition, the unspoken cost of a divorce can include nerves and time (from 1 to 3 months minimum). Accordingly, if there are no encumbrances, then the process will pass quickly. But if you have children and common property, you will have to try hard. Now it’s clear how to get a divorce quickly in one case or another. It is recommended to think carefully about whether this is necessary. And just like that, do not submit an appropriate application to the registry office or the courts. Yes, within a month you can pick it up, but in this case, relations between the spouses are unlikely to improve!

Life situations develop in such a way that sometimes it is simply necessary to officially dissolve the marriage, but at the same time leaving the husband in obscurity.

The reasons can be completely different motives - from fear of a man to selfish interests.

Is it possible to get a divorce without the presence of a husband in the registry office or in court?

When official representatives from the spouse’s side are required, as well as possible options for divorce without a second party, will be further discussed in detail in the article.

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Possible situations for divorce without the presence of a spouse

Most people facing a divorce are sure that the mandatory consent of both parties is necessary for the dissolution of a marriage. Moreover, during the session itself in court or subject to the dissolution of the marriage at the registry office, the presence of both parties is mandatory.

Surprisingly, today divorce does not require the categorical consent of the couple, as well as the mandatory presence in a state institution. There are situations in which in the registry office or in court they are bred in a "unilateral" manner. True, to do this without the knowledge of her husband will not work.

Impossible Presence

First of all, it is necessary to consider the frequently occurring situation in the form of the lack of physical opportunity for the spouse to visit the divorce proceedings. That is, the husband does not refuse to divorce his wife, but at the same time is in a difficult position for visiting a state institution. For example:

  • spouse may be in another city or even country
  • here they single out the presence of the spouse in custody
  • due to work activities, the husband cannot “find time” to visit a state institution
  • the man is in a serious condition or on disability, as a result of which he cannot independently get to the court or the registry office
  • at the time of the dissolution of the marriage, the spouse is on home or inpatient treatment

If presented, it is important to take into account that the spouse must be familiar with the intentions of the wife - this must be documented. It is also important to submit documents that the husband does not refuse a future divorce.

Divorce sequence:

  • collect evidence in the form of certificates about the impossible presence of the husband at the divorce proceedings
  • provide written consent from the spouse about his consent to the divorce
  • in the absence of property claims and the presence of minor children, the spouse can simply apply with documents to the registry office, and the divorce itself can also take place here
  • you should contact a representative - a person providing such services - and entrust him with the entire procedure

It follows from the above that it is not necessary to wait for a spouse for a divorce - this can be done independently, taking into account all the money collected for this.

If the husband refuses

Another question, which also arises quite often, is whether it is possible to get a divorce without the presence of a husband in the registry office, if he is categorically against the upcoming termination. Answer: Of course, you can, but under certain conditions.

The first thing to note is the fact of divorce in the registry office in the absence of minor children and property claims to each other.

Even if the spouse refuses the divorce and does not come to the registry office for paperwork, the spouse has the right to divorce unilaterally. For this, only three absences of the spouse at the appointed time are enough for the dissolution of the marriage. At the third “meeting”, the registry office officer makes a positive decision at the request of the spouse.

But not everything is so simple here either. The spouse may not appear at the meeting at the appointed time, but may, at "out of office" time, petition to postpone the meeting until a later time. This should be accompanied by an evidence base - the impossibility of the physical presence of a man.

The time can increase significantly, provided that the defendant must be notified of the time of the scheduled meeting, or even of the wife's intention to divorce. If, immediately when filing a statement of claim, you attach the defendant's petition about his awareness and a request to consider the case without him, the time for judicial review will not increase.

When the court refuses

The court may refuse to consider the statement of claim without the presence of the spouse in two cases. The first is an erroneously filed application by the spouse - if she simply forgot to indicate the request to consider the case without the presence of the spouse. It also highlights the absence of a petition on the part of the husband himself - permission to consider the case without his presence.

Women who are afraid to divorce their husband without his presence should be somewhat rejoiced, arguing with the refusal and disagreement of the spouse himself in the divorce. The court has no right to leave the situation without consideration or refuse to divorce.

The only thing that a judge can do without a corresponding request from a man or if he refuses is to give time for reconciliation or to resolve the issue on his own. Time depends on the number of sessions. The terms for reconciliation are from 1 to 3 months.

At the end of the prescribed period, in case of an unresolved situation on its own, the court makes a decision at its discretion - often it makes a decision in favor of the plaintiff. It turns out that even in the absence or unwillingness of the spouse to divorce, the wife can insist on her own and dissolve the marriage officially.

Expert opinion of a lawyer

Dissolution of a marriage without the consent of the second spouse is possible, since forced marriage is prohibited in Russia. The court may give the spouses time to reconcile. But, if reconciliation does not take place, the marriage will be dissolved, even the second spouse will not give his consent to that.

The marriage will also be dissolved if the defendant repeatedly does not visit the court on subpoenas sent to the address of his registration. Usually the court postpones the date of consideration of the claim no more than 2 times. If the defendant does not live at the place of registration and does not receive a summons, the claim will be considered in his absence and the marriage will be terminated.

For this reason, it is necessary to agree with persons permanently residing in the apartment at the place of residence of the defendant, so that they transmit all the news to the absent tenant. In particular, they notified the latter about subpoenas, SSPs, etc., coming to his name.

If the spouse agrees to the “divorce”, but for objective reasons cannot be present in the courtroom, he can write an application for consideration of the claim in his absence, confirming his consent to the dissolution of the marriage and indicating a good reason for his absence. For example, if he is in a hospital for treatment, a certificate from the hospital signed by the head physician should be attached to the application.

Such documents may be sent by mail. But, it would be better if one of the relatives or the spouse takes the documents personally to the court, for them to be attached to the case file. You will also need to have copies of these documents, on which the court employee will mark receipt and return these copies to the applicant.

In addition, if it is impossible or unwilling to appear in court, you can issue a notarized power of attorney for a lawyer or a third party who will represent the interests of the plaintiff or defendant during the trial. The main thing is that the trustee should be informed about all the nuances of the case and have an idea about the family and procedural legislation of the Russian Federation.

You can learn about what to do if one of the spouses does not give, from the video:

Ask your question in the form below

More and more often people are wondering if divorce is possible without the consent of one of their spouses. It often happens that one person wants to end the relationship, and the other is against it. Is it really necessary in this situation to seek the consent of the one who advocates the preservation of legal relations? All the features of our today's process will have to be studied in full. After all, divorce is a serious step. And even the slightest mistake in preparing for this process can lead to the impossibility

Is it always bred

What to do if you want to end the relationship with your spouse, but he/she does not? It is worth referring to modern legislation. In Russia, there are special rules that are provided for by law. They concern the relationship between husband and wife.

So, divorce without the consent of one of the spouses is possible. Moreover, it is always carried out when one of the couple has a real desire to break off legal relations. These norms are spelled out in Article 22 of the Family Code. True, a lot depends on the consent of the spouse to divorce. For example, in which organs the described process will take place.

Where to go

The thing is that a divorce without the consent of one of the spouses is not a very simple operation. It requires special attention. According to the Family Code of the Russian Federation, if in a couple both the husband and wife agree to break off relations, this can be done at the registry office. But what if there is no agreement?

In this case, only a divorce through the court threatens. Without the consent of the spouse, you cannot go to the registry office and terminate the officially registered relationship. This is stated in the Family Code Russian Federation, in 21 articles.

Accordingly, you will have to apply to the judicial authorities. 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.

World judge

Can I get a divorce without the consent of my 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.

District Court

How to get a divorce without the consent of the spouse, if going to the justice of the peace is impossible? In cases where you have children and you cannot agree on their further residence, you will have to go to the district.

In addition, in the district courts, claims are considered for the rupture of formalized relations when the couple has significant joint property in value. Divorce without the consent of the spouse (without children) also occurs in these authorities.

Now that it is clear where exactly to turn, it is worth considering the divorce process better. If you prepare properly in advance, then you can bring the idea to life in just a few months. What features should you pay attention to first of all?

Not right away

Any divorce - with or without mutual consent - is not formalized immediately. Citizens are given time to reconcile. This is a mandatory part of the divorce process. 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. If you are determined, after this period you will definitely get ripped off. 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.

The fact is that men have fewer rights in terms of divorce. So, husbands cannot divorce on their own initiative from a wife who is in position. This prohibition applies even after the birth of the child. Men will not be given a divorce until the baby is 1 year old.

At the same time, even during pregnancy and a newborn child, it is still possible to formalize a break in relations. How? To do this, a woman must file a claim. In this case, a divorce without the consent of the husband will take place in court, but it will certainly take place. Women during pregnancy and in the first year of a baby's life are given more opportunities in relation to the task set in this article.

Duty

How to get a divorce without the consent of the spouse? Once you have decided which court to apply to, you can begin preparing documents. The first stage is the payment of the state duty. Without this payment, you will not be accepted statement of claim for divorce. Therefore, before visiting the court, try to pay off the state.

How much will you have to pay for a unilateral divorce? At the moment, you will have to pay 600 rubles for a divorce suit. The amount of the state duty is prescribed in the Tax Code of the Russian Federation, in article 333.19, paragraph 1, subparagraph 5.

This amount of money is charged only from one spouse - from the initiator of the divorce. As soon as the court of your choice is paid, you can apply for consideration. Just pre-collect a certain list of documents.

The documents

So, what do you need to bring with you to the judicial authorities in order for your divorce suit to be accepted? The list is not too big. By the way, copies must be attached to the originals. You don't need to verify anything. In order for you to be able to dissolve the marriage in court, present:

  • Marriage certificate;
  • documents confirming the birth of children;
  • receipts for filing a claim;
  • claimant's passport.

This is where the main list ends. Additionally, you can attach documents-grounds for divorce, and the residence of children, as well as on the division of property acquired over time. True, usually in the absence of the spouse's consent to a divorce, there are no such papers. Unless the grounds for divorce can be confirmed.

Separate attention requires an application for divorce without the consent of the spouse. You must properly draw up a claim, otherwise you can not hope for success. What should be included in this document?

Firstly, information about yourself and about your spouse who disagrees with the divorce. Passport data will do, as well as just information that may affect the course of the case. This is especially true if you have minor children.

Secondly, the claim must indicate the presence / absence of children. Whether there is agreement regarding their residence, as well as upbringing, this should also be written in the application.

Thirdly, you must somehow justify your decision. This is especially true in cases where there is a spouse who disagrees with the divorce. Anything can be a motive. The main thing is not to lie. If you have evidence that can support your words, indicate them and bring them with you to court.

Fourth, at the very beginning of the statement of claim, it is required to indicate the judicial authority to which you are filing a claim. it required condition filing an appeal.

Fifth, it is desirable to register all the joint property you have. And if you have an agreement on its division, indicate what and to whom after the divorce will be relied upon. Availability marriage contract Don't forget to include it in your claim.

Once you have completed the application, you can apply to the court with the above list of documents. Then it remains only to wait. As a rule, the presence of both spouses is required for the meeting. If a dissenting citizen decides to evade this process, do not be upset!

Avoidance of meetings

Why? Because you have every right to terminate the previously legalized relationship. And the absence of one of the spouses is not an obstacle to the process. Several times the meeting can be postponed and re-invite the party that disagrees with you to Divorce without the consent of one of the spouses is still possible. It will just take more time.

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.

Final stage

Without the consent of the spouse, this is a very laborious 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:

  • the 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. submit to the registry office. In the same place, draw up an application for registration of a certificate of divorce. That's all. It remains only to wait until you receive the appropriate document. In fact, legal divorce is not as simple as it seems. Especially if you have children. In this case, you must present documents on your earnings, as well as housing.

Now it is clear how you can file a claim. Divorce without the consent of the spouse is a rather laborious process. As already mentioned, it is necessary to prepare for it in advance. If you have witnesses who can influence the course of the case, invite them to the meeting and indicate in the claim.

Divorce is a complicated procedure, especially when one of the spouses refuses to recognize its need or is in.

For such cases, divorce is provided in.


The legislation distinguishes between a divorce that takes place without the consent of the husband, and a divorce that the husband cannot attend because he lives in another city or is in prison.

If the husband agrees to divorce you and you are under 18 years old, then the dissolution of the marriage will take place at. For this, the husband will only need to send his consent in writing by mail or send a representative.

If the husband refuses to agree to a divorce, then the matter will have to be decided in. Not litigation is a common practice, and by keeping a cool head it is easy to succeed. A man cannot file for an independent divorce if he is or is sitting with. A woman is not limited by these rules and can apply at any time.

Previously, in order to dissolve a marriage, weighty ones were needed. Now enough simple unwillingness to continue to be married to a particular man.

The reasons for the divorce, which will need to be indicated in the lawsuit, are only formal and do not affect the decision in any way.

Therefore, in 90% of the case, the request for divorce will be granted.

The procedure for filing for divorce unilaterally

at the registry office

If both spouses without minor children have agreed to break the marriage union, then the registry office absent husband sends notarized.

All further procedures (changes in registration books and registration) take place only in your presence. A husband can obtain his certificate through a representative.

There are cases when the dissolution of the marriage occurs only on your initiative, and the consent of the husband is impossible or not mandatory. Then it is possible to get a unilateral divorce if the court found the husband incompetent, missing, or if the spouse committed a criminal offense and was sentenced to more than three years. The marriage is dissolved in the registry office only at your request.

In a court

You can get a divorce through the court by filing a statement of claim, consisting of three parts: formal, descriptive and final. The formal part includes the address and name of the court where you are applying, as well as basic data - yours and your spouse: full name, date of birth, where you are registered and where you live, place of work, telephone number.

The descriptive part is a little more complicated, it consists of:

  • information about where and when you got married;
  • reasons for divorce;
  • information about children (full name, date of birth, where they currently live, do you and your husband agree on who will support and educate them until adulthood)
  • information about whether or not your husband agrees to a divorce.

In the final part, you need to list the legal norms to which you refer, and also write what exactly you want from the court (only dissolve a marriage or, for example, settle property issues and issues of maintaining children).

Divorce procedure unilaterally

at the registry office

When submitting documents to the registry office, in all cases, your application for divorce, passport, marriage certificate and payment receipt are required.

This is the so-called basic set.

If the spouse is in prison, then a copy of the court verdict in his case is also needed. A missing husband can be divorced if you add to basic set documents a copy of the court decision on the recognition of the spouse as missing.

It is easy to guess that in case of incapacity of the husband, a copy of the recognition of incapacity must be attached. In these cases, the state duty will be 350 rubles. When the marriage is dissolved by mutual agreement, then each pays 650 rubles.

If you carefully collected and filled out all Required documents, then you will receive a certificate of divorce in a month.

In a court

The statement of claim, the preparation of which was written in the previous part, must be submitted in three copies.

Be sure to attach to it:

  • receipt of payment of state duty;
  • copies of the certificate of marriage, birth of children (if they are under 18 years old);
  • a certificate from the housing company at your place of residence;
  • if there is, then ;
  • your husband's income statement if you are going to claim the payment.

Each of these documents is required in two copies..

With this package, you are looking for the nearest court in your husband's place of residence. If he is in another city, then you can go to court near you if you have a good reason: if you are sick or looking after minor children.

Apply to the world court if there is no dispute about children or expensive property (worth more than 50 thousand rubles).

Otherwise, you should go to the district or city court.

How to file for divorce without a husband through the "Gosuslugi"?

Now the divorce procedure can be carried out even through. You can apply for a divorce online through the State Services portal if there is no property or children dispute and your spouse is not missing or incarcerated.

To do this, you will need to take the following steps:

  1. Register on the State Services website, indicating your personal data (passport series and number, SNILS, and so on).

2. Verify your identity in order to freely use all the features of the portal.

For this you can:

  • receive data for entering the site through a registered letter of Russian Post
  • come to OJSC Rostelecom and personally pick up the login and password
  • use an electronic signature, if you have one.

3. Log in to "Gosuslugi" using the purchased login and password, indicate your location (the box above).

4. Find the necessary service by typing in the search line "dissolution of marriage". We need an electronic application for the state. divorce registration.