From the point of view of legislation, the relationship of a married couple is their own matter. If they feel the urge to get a divorce, then only the interests of minors will be protected by the state (the relevant government agencies). There are basically two options for terminating the bond:
- by mutual consent - in the registry office;
- in the absence of such - in court.
Both orders have their own subtleties and limitations. Most of it comes down to the presence of minors who may suffer due to a change in the couple’s civil status. Therefore, unilateral divorces are a last resort, according to the legislator. However, there is an option when a person can initiate a break in ties without the consent of the partner.
Let's consider how to file for divorce unilaterally, what conditions to meet if there is a child and the registry office refuses to accept the application. We will also talk about what reasons contribute to the official registration of the actual destruction of the family.
- Is it possible not to take into account the opinions of the spouse and what features exist?
- Where to go if there are minors in the family
- What documents will be required
- Contents of the statement of claim
- How long will it take to finalize a divorce?
- How to file for divorce unilaterally, if there is a child and without children: through the registry office, through the court, via the Internet
- Is it possible to get a divorce unilaterally?
- When is it not possible to get a unilateral divorce?
- How to get a unilateral divorce through the registry office?
- How to get a unilateral divorce through court?
- Application for unilateral divorce (form, structure, sample)
- Documentation
- Where to file a claim
- How much does it cost to unilaterally dissolve a marriage? State duty
- Time limit for unilateral divorce
- When can they refuse?
- One-sided divorce via the Internet
- How to file for divorce unilaterally: with or without children?
- Is it possible to get a divorce unilaterally?
- Unilateral divorce through court
- Jurisdiction
- Required documents
- Contents and sample of the statement of claim
- How to file for divorce unilaterally - via the Internet to the court, the registry office, government services, if there are no children, if there is a child
- Basic information
- Common Causes
- To court
- Through the registry office
- Through government services
- Video: What you need to know
- Legal regulation
- Procedure
- Required package of documents
- Where to apply
- Through the Internet
- Emerging nuances
- If there is a child
- If there are no children
- With division of property
- Application for divorce
Is it possible not to take into account the opinions of the spouse and what features exist?
The rules for divorce are described in Chapter 4 of the Family Code (FC). In particular, paragraph 22 describes the situation when one of the parties is against terminating the bond.
Thus, the very concept of unilateral divorce is included in the legislation. Consequently, a person is not obliged to seek the consent of a boring partner.
He is not prohibited from initiating a divorce if the opposite party has objections.
Another thing is what steps to take to obtain the desired certificate. The law provides two ways to formalize the destruction of a family:
Attention: both methods involve one-way options. However, the divorce itself is associated with the presence or absence of circumstances specified in the legislation.
The simplified procedure is carried out without lengthy proceedings. Its algorithm is as follows:
- Spouses are required to submit a joint application to the registry office, which expresses mutual consent to terminate family life.
- State agency employees check the accuracy of the documents provided.
- After a month, the divorcing couple needs to re-visit the government agency to sign and receive a document (each with their own) about changing the deed record.
Through the registry office, a marriage can be unilaterally dissolved if the following conditions are met:
- The couple has no children under 18:
- relatives;
- adopted;
- reception;
- both agree to come and witness the destruction of the family.
If partners have young children, then the registry office can formalize the severance of ties in the following situations:
Each of the above circumstances prevents obtaining the partner’s consent to file a divorce. The law recognizes them as sufficient to disregard the will of a person who:
- is not responsible for his actions (incompetent);
- it is unknown where he is, therefore, he does not fulfill the duties of a spouse;
- committed a socially dangerous act.
A young person from 16 to 18 years of age is considered an adult if:
- official employment;
- registration as an individual entrepreneur;
- creating your own family.
Where to go if there are minors in the family
As can be seen from the above conditions, a unilateral divorce for a couple with a child in the registry office is a difficult undertaking. If the husband (as a rule, women are the initiators of breaking ties) is alive, healthy, and does not break the law, then he will have to go to court. This is exactly what is said in the paragraphs of Chapter 4 of the UK.
Hint: an application for divorce in the presence of minor children is written to the magistrate's court. The authority must be located in the area of registration (location) of the plaintiff or defendant.
The legislation does not contain special clauses regarding the reasons for breaking ties. Such factors are considered a family matter. However, in the process of divorce through the court, the provisions of paragraph 22 will be taken into account. The article presupposes the right of the judge to make efforts to reconcile the parties.
The claim must be drawn up in such a way that the desire to break the bonds is:
- understandable;
- natural;
- justified.
The 17th paragraph of the IC describes special conditions under which a man is limited in his initiative. He is prohibited from filing a claim to sever the ties if the wife:
- pregnant;
- takes care of their joint baby, who is under one year old.
Hint: any offspring born in a marriage automatically becomes related not only to the mother, but also to the father.
Therefore, a man cannot file a unilateral application. While no such restrictions are imposed on women. They can initiate a divorce through the court in any situation.
What documents will be required
The contents of the package of papers depend entirely on which government agency the applicant will submit it to. So, the registry office requires a minimum of documents:
- if there is mutual agreement:
- copies of passports (you must come with the originals);
- the first copy of the marriage certificate;
- application (filled out on the spot by both parties);
- in the absence of the spouse’s consent, in addition (to those already indicated):
- court decision:
- on conviction for a term exceeding three years;
- on recognizing the second spouse as incompetent or missing.
- court decision:
Hint: government officials will independently check whether the couple has minor offspring.
Documents for divorce in court will have to be prepared more carefully. The above mentioned copies and originals should be placed in the package. But besides them, you need to work on:
- creating a statement of claim;
- selection of evidence base, consisting of certificates:
- about the composition of the family;
- about the place of registration and actual residence:
- both divorcing;
- minor offspring;
- about income and expenses;
- testimony;
- expert assessments and more.
Hint: It is important that the evidence shows the reason for the desire to break the ties. Although the court is obliged to consider any claim.
Contents of the statement of claim
The legislation contains requirements for the form and content of the claim. Moreover, the first ones are very strict. Violation of these rules will result in refusal to accept the application for consideration.
Attention: a claim drawn up without taking into account the norms described in Articles 131 and 132 of the Code of Civil Procedure will be left without consideration by the court.
The form of the document involves division into the following parts:
- The header (in the upper right corner) must contain accurate information:
- about the name of the court and its location (you need to ask the specialists of the government agency);
- about the plaintiff and defendant in the format:
- FULL NAME;
- residential address (registration, if different);
- date and place of birth;
- place of employment;
- contact number;
- The content is divided into two large sections:
- descriptive contains information about the circumstances of the case:
- where and when the marriage was registered (indicating the certificate number);
- presence of minor offspring and their personal data (with attached documents);
- the reason for the claim (describe clearly and consistently, and at the end indicate that family life has become impossible);
- whether agreement has been reached or not;
- descriptive contains information about the circumstances of the case:
- The final section includes:
- references to the norms of current legislation;
- requirements for termination of the bond.
- list of attached papers.
Statements of claim are signed personally by the person presenting them to the court. In addition, you must submit the package in triplicate:
- one for the judge;
- the second will be sent to the defendant;
- the third will be marked and returned to the plaintiff.
You need to understand that divorce through court with children is a rather long and difficult process. The law is designed so that minors do not suffer material losses. Therefore, the judge is obliged:
- study all the nuances of the case;
- weigh the validity of the requirements;
- take into account the interests of minors.
The plaintiff himself can facilitate the process. To do this, you need to refer to the following circumstances:
- actually existing;
- making family life impossible;
- harming the moral and physical condition of the offspring.
Here are some reasons that make family life impossible:
- abuse of alcohol or drugs by one of the parties (a certificate from a medical institution is required);
- parasitism, that is, the absence of official employment for a long time, which causes harm to children (as a rule, is not taken into account in claims against women housewives);
- antisocial behavior, expressed by:
- depending on the slot machines;
- in affairs on the side (adultery);
- in addiction to visiting sleazy establishments and other things;
- aggressive behavior causing damage to health (a certificate of beating from doctors is needed):
- spouses;
- children or other relatives;
- moral pressure that is harmful to mental health (an expert assessment by a psychologist will be required).
Hint: the divorce process will go faster if you prove at the documentary level several reasons for the impossibility of preserving the marriage bond.
How long will it take to finalize a divorce?
The timing of the divorce also directly depends on the authority considering the application:
- Civil registry office employees are given 30 days to prepare changes to the civil status act. If there are no objections and all the papers are in order, then in a month the marriage will be declared terminated.
- The judge will begin the hearing at the same time (30 days later). The first meeting will be scheduled around this period. The speed of review may be affected by the following circumstances:
- filing a counterclaim by the defendant;
- providing them with their evidence that contradicts the plaintiff’s arguments;
- vagueness of the original claim.
For example, if a person declares his desire to get a divorce on September 15, 2017, then:
Source: https://VseProRazvod.ru/razvod/razvod-v-odnostoronnem-poryadke-pri-nalichii-detej/
How to file for divorce unilaterally, if there is a child and without children: through the registry office, through the court, via the Internet
Home / Divorces / How to file for unilateral divorce with and without children
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Divorce involves a break in the relationship between spouses. This does not always happen by mutual consent. Sometimes objective and subjective obstacles to divorce arise, starting with the physical impossibility of visiting the registry office or court, and ending with active opposition to divorce.
Is it possible to get a divorce unilaterally?
Especially for such situations, the Family Code provides for the right to unilateral divorce.
Knowledge of the principles and provisions of family law on marriage and divorce allows a spouse to obtain a divorce under any circumstances, regardless of the possibility or impossibility, desire or unwillingness of the second spouse. After all, every citizen of our country has the right to free choice and expression of will in the sphere of marital relations - to enter into or dissolve a marriage.
You can talk about unilateral divorce in circumstances where...
The termination of a marriage can take place in the order...
- extrajudicial (by submitting an application to the registry office);
- judicial (by filing a claim in court).
When is it not possible to get a unilateral divorce?
The only exceptions to unilateral divorce are the cases provided for by law:
- The pregnant spouse does not agree with the divorce;
- The husband demands a divorce, although the marriage has a common child who is less than a year old.
In other cases, unilateral divorce is possible.
By the way, pregnancy and the presence of a child under 1 year of age limits only the man. A woman has the right to file for divorce in both cases, regardless of the man's consent or disagreement. By initiating a divorce in such circumstances, a woman takes full responsibility for her physical and material well-being (see “Divorce during pregnancy on the initiative of a wife or husband.”
Read also: Plant a tree in honor of the birth of a child in Moscow
How to get a unilateral divorce through the registry office?
You can get a unilateral divorce through the registry office in two cases.
- Both spouses agree to divorce (no children).
There are no obstacles to a simplified divorce. As a general rule, both spouses must appear at the registry office to file a joint application for divorce. But if one of the spouses does not want or cannot visit the registry office, the divorce procedure can be carried out unilaterally.
To do this, the absent spouse must submit to the registry office, through a representative, his own application for divorce with notarization. The procedure for making changes to the registration books and issuing a divorce certificate will take place in the presence of only one of the spouses. The absent spouse will also be able to collect the divorce certificate through a representative.
- Divorce occurs at the initiative of one of the spouses; the consent of the second spouse is impossible or not required (regardless of the presence or absence of children).
Such a unilateral divorce is possible in circumstances where the second spouse is recognized by the court...
- incompetent;
- absent without a trace;
- deceased;
- guilty of a criminal offense and sentenced to imprisonment for more than 3 years.
Since it is impossible to obtain consent to divorce from an incapacitated or missing spouse, and it is not required from a spouse serving a sentence, the marriage is dissolved unilaterally at the request of the interested spouse.
For more information on how to draw up an application to the registry office, read the article “Required documents for divorce in the registry office.”
How to get a unilateral divorce through court?
Divorce through the court unilaterally occurs on a general basis - by filing a statement of claim for divorce.
Application for unilateral divorce (form, structure, sample)
Unilateral divorce in court involves filing a statement of claim, which must comply with the requirements of civil procedural legislation (Articles 131-132 of the Code of Civil Procedure of the Russian Federation).
The statement of claim consists of several parts:
- The formal part contains:
- name and address of the court;
- details of the plaintiff and defendant (full name, date of birth, registration and residence address, place of work, contact phone number);
- The descriptive part contains information presented in free form about…
- when and where the marriage was registered;
- Are there any children, their full names? and date of birth, place of residence of children at the moment and after the divorce, existence of an agreement on the maintenance and upbringing of children;
- motives and reasons for divorce (it is advisable to indicate that reconciliation and further family life are impossible);
- consent or disagreement to the spouse's divorce.
3. The final part contains:
- legal norms referred to by the plaintiff;
- demands to the court (for example, to dissolve a marriage, determine the place of residence of children, collect alimony, divide joint property).
The statement of claim ends with a list of documents confirming the specified information and requirements, the date of preparation and the signature of the plaintiff.
Documentation
The statement of claim is submitted in 3 copies:
- one will remain with the plaintiff with the registration mark of the court office;
- the second remains in the court case;
- the third is sent to the defendant.
Documents that must be attached to the claim:
- document confirming payment of state duty;
- power of attorney (if the interests of the plaintiff will be represented by a representative);
- a copy of the marriage certificate;
- copies of birth certificates of minor children;
- a certificate from the housing authority at the plaintiff’s place of residence (housing office or department of internal affairs of the Ministry of Internal Affairs);
- agreement on children (if any);
- certificate of income of the defendant (when collecting alimony);
- other necessary documents.
The documents attached to the claim are submitted in 2 copies - for the court case and for the defendant.
Where to file a claim
As a general rule, a claim for divorce is filed with the court at the place of residence of the defendant. If husband and wife live together, this does not cause any difficulties. But if the spouses live separately, for example, the woman lives in Moscow and the man lives in Vladivostok, in order to file a claim you will have to travel across the whole country.
You can go to court at your own place of residence only if it is difficult to travel to the defendant’s place of residence due to illness or living with minor children.
The claim is filed in the magistrate's court if there is no dispute about the children, if the demand for division of property is not stated or is stated, but the value of the property does not exceed 50 thousand rubles. If spouses have disagreements about children or want to divide property whose value is more than 50 thousand, the divorce case will be considered by a city or district court.
How much does it cost to unilaterally dissolve a marriage? State duty
When unilaterally dissolving a marriage through the registry office (if the spouse is declared dead, missing, guilty of a crime, or convicted), a state fee of 350 rubles . If both spouses file an application for divorce, each of them pays a state fee of 650 rubles .
If a marriage is dissolved in court (without division of property), the plaintiff will need to pay a state fee in the amount of 600 rubles . If the claim contains claims for division of property, the amount of the fee is determined based on the value of the claim.
After the court decision is made, a state fee must be paid for making changes to the registration books and issuing a divorce certificate (at the registry office) - another 650 rubles for each copy.
Read more about costs in the article “State duty for divorce in 2020”.
Time limit for unilateral divorce
Theoretically, the term for a unilateral divorce does not differ from the term for a divorce with the consent of the spouses:
- if an application for divorce is submitted to the registry office, you can receive the desired certificate within a month;
- If a claim is filed in court, the first court hearing will take place in a month.
How long the further trial will be depends on the spouses.
If they are able to come to an agreement and prepare the necessary documents (consent for divorce, powers of attorney for representatives, agreement on children, agreement on division of property), within half an hour after the start of the court hearing they will be free from marital obligations.
If one of the spouses insists on preserving the family or interferes with the consideration of the case, the divorce process will be delayed. However, this will not serve as a basis for refusing to satisfy the plaintiff’s request to dissolve the marriage. Even if the defendant does not agree to the divorce, the marriage will be dissolved unilaterally.
Read about what you will face in court, how divorce happens and how long it takes.
When can they refuse?
Quite often the question is asked: “is the reason indicated by the plaintiff in the statement of claim convincing to the court and sufficient for a divorce?”
The principle of family law is the freedom to enter into and dissolve a marriage.
In order to get a divorce, no reason is required; unwillingness to remain in a family relationship is already a sufficient reason for divorce.
Therefore, more than 90% of divorce cases are resolved positively for the plaintiff. Difficulties may arise only in connection with the child and property, but the resolution of controversial cases is only a matter of time.
The only exception is the prohibition for a man to divorce a pregnant woman or a woman who gave birth to a child less than a year ago (even if the child died). This prohibition does not apply to a woman; she can divorce a man whenever she wishes.
Although there are no formal obstacles to unilateral divorce, difficulties may arise with its actual implementation. For example, a wife is afraid of a possible aggressive reaction from her husband, or a husband is afraid of his wife’s violent emotional outpourings regarding a divorce. It happens that one of the spouses deliberately avoids participating in the divorce process. Is it possible to get an automatic divorce?
Divorce will occur automatically if one of the spouses does not come to the court hearing 3 times . Moreover, it does not matter - he deliberately ignores the court hearing in order to delay the divorce or simply does not know about the ongoing divorce process.
Of course, this provision of the law may affect the rights of the spouse without whose participation the unilateral divorce occurred.
If he believes that the court decision on divorce is illegal, he should challenge it or file a counterclaim for the division of common property, determination of the place of residence of children, and alimony.
One-sided divorce via the Internet
Is it possible to get a divorce without leaving home?
For various reasons, spouses cannot or do not want to visit a registry office located in another district or city, coordinate their plans with the schedule for receiving documents, stand in line and take part in the formal divorce procedure. And sometimes even the need to meet with your spouse to file a joint application forces you to postpone the long-overdue decision to divorce.
Especially for such cases, it is possible to submit an application for divorce via the Internet - on the Public Services portal.
However, several caveats should be made immediately:
- Through the State Services portal you can only submit an application, but not get a divorce.
Submitting an application electronically is an alternative to a personal visit to the civil registry office to submit a written application, while the State Services portal acts as an intermediary, accepting data from the applicant and transmitting it to the civil registry office.
But only civil registry offices are authorized to make changes to the civil registration books, so a visit to the registry office and carrying out a standard divorce procedure 1 month after filing an application cannot be avoided.
Such grounds are:
- mutual desire to divorce if the spouses do not have children;
- circumstances provided for in Art. 19 of the RF IC: a court decision that has entered into legal force declaring one of the spouses dead or missing, incompetent, guilty of a crime and sentenced to imprisonment for a term of 3 years or more.
If there are circumstances that prevent an administrative divorce (for example, if the spouse has not yet been declared incompetent by the court, if the spouse does not agree to divorce, if there are minor children), you must first carry out a judicial divorce procedure and obtain a court decision, and only then - submit an application for state registration of divorce at the Civil Registry Office, including through the State Services portal.
Read also: Regional capital 2020-2021 for a third child: what can you spend it on?
Thus, the State Services portal is a service that allows you to apply for divorce unilaterally, in convenient home/work conditions, without queues and unwanted meetings between spouses . This is especially convenient for those who are already registered on the portal, since the registration process takes some time (3-5 minutes).
Filing an application for divorce through a single portal of State services is a procedure consisting of several stages:
The State Services portal allows several types of registration, from the simplest to “confirmed”, i.e. requiring documentary proof of identity. This type of registration is required to apply for divorce.
“Confirmed” registration involves: indicating a phone number and receiving a code via SMS, indicating personal data, uploading documents to the portal (passport, marriage certificate), confirming identity (via Russian Post, Sberbank, electronic signature).
As a rule, the “confirmed” registration procedure takes about 2 weeks.
Filling out the electronic application form requires specifying the same data as when filling out divorce form No. 8, 9 or 10 at the registry office. Documents uploaded to the portal serve as confirmation of the data specified in the application.
Another advantage of submitting an application through the State Services portal is a discount on state fees of up to 30% (for non-cash payment).
So, for the standard procedure for registering a divorce you need to pay not 650, but 455 rubles .
You can pay the state fee in several ways: receive an electronic payment order and pay at a bank branch or make a non-cash online payment with a bank card, Yandex-money wallet or Webmoney.
After processing the submitted application and personal data, the applicant will receive a notification by email or SMS about the date and place of the procedure for state registration of divorce and issuance of the Certificate. Attendance is required, otherwise the submitted application will be cancelled.
Thus, the State Services portal is a service that allows you to apply for divorce via the Internet, which, however, does not eliminate the need to visit the registry office after 1 month to participate in the procedure and receive a Certificate.
What you can take away from the article:
- Whether to maintain or dissolve a marriage is at the discretion of the spouses, which is why the law allows unilateral divorce.
- There are two ways: at the registry office or through the court.
- If the spouse is pregnant or has a child under 1 year of age, divorce on the husband’s initiative is prohibited, and a pregnant wife can file for divorce.
- Divorce in the registry office occurs without children and disputes regarding property. Court proceedings take other points into account.
- Filing a statement of claim will cost spouses from 350 to 650 rubles - and if a dispute over the division of property intervenes in the case, then the state fee is calculated based on the value of the assets.
- An application for divorce can be submitted through State Services, but you will still have to appear at the registry office.
- The term for administrative divorce is 1 month, and through the court - from 2 months or longer.
- The main points of the procedure have not lost their significance; no innovations have appeared in 2020.
Video answer to the question of how to divorce without the consent of the second spouse - what to do and where to go?
Source: http://law-divorce.ru/kak-podat-na-razvod-v-odnostoronnem-poryadke/
How to file for divorce unilaterally: with or without children?
Author of the article: Elena Plokhuta, lawyer,
reading time: 10 minutes,
updated:
January 11, 2020
Reads:
4581
The law allows unilateral divorce in the registry office by a notary application or through an attorney, in other cases - in court. To do this, you need to know the legislative features, grounds, step-by-step algorithm of actions and the list of required documents.
Is it possible to get a divorce unilaterally?
- Contents (click to open)
- It is possible, but in order to figure out which body to contact the registry office or court, it is important to know the reasons for a unilateral divorce.
- Table No. 1 “Possible reasons and methods of divorce:
Authority of appeal
Circumstances
Actions
of the Civil Registry Office The second spouse cannot be present in person, but agrees to the divorce. Valid reasons:
- work in another locality;
- stay away for work;
- disease;
The spouse must submit an application to the government agency in Form No. 10 (send by Russian Post or through a legal representative). Court
- Intentional avoidance of breaking up family relationships;
- Cannot submit an application on Form No. 10 to the Civil Registry Office.
A lawsuit is filed for divorce proceedings. If the defendant misses the hearing for valid reasons and provides evidence, this delays the procedure.
In addition to the above situations, divorce of spouses can be carried out unilaterally through the registry office with an application and documents indicating the presence of the following grounds.
Table No. 2 “Grounds for divorce at the request of one spouse”:
Recognition of the other party as missing Recognition of the other spouse as legally incompetent Conviction to serve a sentence for a crime for a period of more than three years This is allowed if the period of absence of information about the citizen exceeds 1 year from the date of filing a missing person’s report at the Department of Internal Affairs. Done through the court. The basis for incapacity is a medical conclusion, according to which the citizen cannot perceive the circumstances sensibly. The verdict is used as confirmation
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Unilateral divorce through court
A marriage is terminated through court if there are children, absence or objection of one of the spouses. In the first case it looks like this:
- The initiator submits an application to the court. The judge accepts the documents for processing within 5 days and issues an appropriate ruling.
- The defendant has the right to file a motion to consider the case without his participation.
- A meeting is held on the appointed date. The judge is examining the reasons for the breakup. If the defendant, through a representative, raises an objection and asks for a conciliation period, the court grants the request and postpones the proceedings for a period of up to 3 months. In the absence of a petition and objections, the case is considered without conciliation.
- According to Art. 25 of the RF IC, a marriage is annulled from the moment the decision comes into force. After this, an extract from it is provided to the registry office.
Jurisdiction
The claim is filed in the magistrate's court at the defendant's place of residence. If there is a child with the plaintiff or it is difficult to go to the judicial authority at the residence address of the other party, an appeal at the plaintiff’s place of residence is allowed (Article 29 of the Code of Civil Procedure of the Russian Federation).
Required documents
The initiator of the divorce process provides:
- statement of claim;
- passport;
- marriage registration certificate;
- children's birth certificates.
The number of copies must be equal to the number of sides, i.e. 3 copies:
- one copy is sent to the defendant;
- the second remains in court;
- the third is returned to the plaintiff with a registration mark.
Contents and sample of the statement of claim
The requirements for the claim are reflected in Art. 131 Code of Civil Procedure of the Russian Federation. It should contain the following:
- name of the court;
- Full name, date of birth, residential addresses of the plaintiff and defendant;
- marriage registration date, certificate number;
- reasons that prompted the breakup (optional);
- information about children;
- consent or disagreement of the second spouse with the breakup;
- claims: divorce, alimony, etc.;
- date of compilation and signature.
Magistrate of court district No. 5g. Astrakhan
Plaintiff: Mikhailova S.N.
Defendant: Mikhailov K.Yu.
Statement of claim
for divorce
Source: https://SocPrav.ru/kak-podat-na-razvod-v-odnostoronnem-poryadke
How to file for divorce unilaterally - via the Internet to the court, the registry office, government services, if there are no children, if there is a child
If a person wants to get a divorce, then he should check with his significant other about his opinion. If this is not a mutual desire, then divorce is possible only in court. But there are situations when the second spouse is completely against such an action and has to submit an application unilaterally. When is this possible and what are the features of the procedure?
Basic information
No matter how sad this situation is, not all marriages maintain a social unit at the legal level. Almost half of marriages break up at the initial level.
Accordingly, the result is a trip to the authorized authorities to dissolve the marriage. The procedure involves quite a few peculiarities and is generally unpleasant in all respects. But almost every second person has to go through it.
If the decision is made finally, then the spouses need to decide on the court and other issues. If there are minor children, a claim is submitted to the district court.
It is he who resolves such issues, as well as regarding property disputes in the amount of more than 50,000 rubles. If there are no children and the amount of the property dispute is less than 50,000 rubles, then the debriefing takes place in the magistrate’s court.
If the spouses came to this conclusion mutually, then you can get by with a trip to the registry office for a period of one month. Each of the processes is accompanied by a certain state fee for the action.
In both cases, the cost will be 650 rubles. If this is a unilateral order in the absence of the second party - 350 rubles.
Common Causes
Reasons for unilateral dissolution of a marriage may be:
- recognition of a person as incompetent;
- upon the death of a spouse;
- if he is imprisoned for a term of more than three years;
- when declared missing;
- in the absence of consent to divorce.
If the second person is also not against the divorce, but is unable to attend for any reason , then the following actions may occur:
- he has the right to write a statement of the established form to the authorized body, certify it and send it to the address of the authority;
- It is also possible to provide a representative to the authorized body who can legally represent the interests of the defendant.
In case of unilateral filing, as a rule, absentee proceedings are used.
This often happens if:
- the defendant was duly notified of the court hearing, but was unable to appear, and also did not warn about it. It is possible to postpone the deadline if there is a good reason or a request for postponement. The court has the right to make a decision on divorce without even holding an in-person hearing;
- If the court establishes a valid reason for failure to appear, but the defendant does not communicate this in a timely manner, it can either postpone the deadline or cancel the decision. But if renewal occurs, the defendant is required to appear at trial.
Read also: Everything about changing and terminating a marriage contract in 2020-2021
To court
To file a claim in court, a person must pay a state fee of 350 rubles, and also attach a full package of documents.
The Magistrate's Court hears cases regarding divorce without minor children or in the presence of an agreement. It can also consider a divorce case with a property dispute of up to 50,000 rubles.
The rest is considered by the district court at the place of registration or residence of the defendant. If the plaintiff is in poor health or has minor children, then the filing can be made at the place of registration or residence of the plaintiff.
The algorithm here is as follows:
- submission of a complete package of documents and application;
- consideration of the case in the presence of all parties;
- listening to arguments on this issue;
- making a decision;
- entry into force of the decision;
- obtaining a divorce certificate.
Through the registry office
Through the registry office, spouses who do not have property disputes, as well as minor children, can get a divorce. It is possible to file a unilateral claim if there is a ruling on the disappearance, death or recognition of a person as incompetent.
The algorithm here is as follows:
- collection of a complete package of documents;
- payment of state duty;
- the application form is filled out correctly;
- submitted to the authorized body;
- a month later the person receives a stamp and a divorce certificate.
Through government services
Remote control of services via the Internet is now available. The State Services website was created specifically for this purpose. This is where you can view all taxes, fines and pay them. A service for filing claims, divorce or wedding applications is also available.
To do this, you need:
- go to the official State Services resource;
- log in by entering personal information;
- go to the public services tab;
- choose to submit an application;
- fill out the form correctly;
- pay the state fee;
- choose the authority where it is best to pick up the divorce certificate.
Video: What you need to know
Legal regulation
This issue is regulated by the Family Code of the Russian Federation, namely:
- Article 19, which displays all cases of divorce with minor children;
- Articles 16–26 regulate the termination of the marital union in general.
Procedure
The procedure for each specific case is individual.
If we identify the general order, then:
- the citizen collects a complete package of documents;
- submits a correctly completed application in the established form;
- pays the mandatory state fee;
- confirms the grounds with documents;
- receives a stamp and certificate of divorce after a month of consideration by the authorized body.
Required package of documents
To file a divorce request, the applicant will need to provide a complete package of documents for consideration.
Of these it is worth highlighting:
- receipt of payment of mandatory state duty;
- application of the established form;
- certificate of marriage;
- birth certificate of minor children;
- documentation that confirms property disputes;
- passports of each party.
Where to apply
An application of the established form must be submitted to one of the authorized bodies. This is possible either in person when contacting the office, or by mail if necessary.
It is possible to submit a request for unilateral divorce through:
- MARRIAGE REGISTRY;
- magistrate or district court;
- Government services portal to save time.
Through the Internet
Now it is possible to file a claim via the Internet using the Gosulug portal. But how to file for divorce unilaterally?
To do this, you must have a registered account on the official portal of State Services and be a user.
Here you need to select registration for unilateral divorce, fill out the form provided and select the branch of the authorized body. Scan and upload supporting documents and enter additional information.
Emerging nuances
Sometimes situations arise that a person does not confirm the grounds or simply cannot confirm them, since the spouse has disappeared.
If this is the case, then it is necessary to file a statement with the police, and after investigative measures and a court order, the citizen will be able to get a divorce and get a stamp in his passport.
Nuances may arise if the spouse has lost the document establishing the marriage union. Then he will have to pay the state fee, restore the document, and only then submit demands for dissolution of the union.
It often happens that a person files an application, the court sends a notice to the defendant, and he visits the court. In this case, you will have to submit the application again, pay the state fee and fill out the application correctly in relation to this case.
If there is a child
If there is a minor child, then on the basis of a unilateral divorce, a decision is made to leave him with the plaintiff. To do this, all necessary information is checked and information about the second person is requested.
In this case, the state fee is not paid. The stamp is affixed on the basis of the absence of the other party and the decision on divorce proceedings.
If there are no children
If there are no minor children, then a decision is made at the registry office. To do this, you only need to provide supporting documentation and pay the state fee.
As a rule, a decision is made a month after checking all the documentation provided.
With division of property
If there is jointly acquired property, then it is necessary to submit a claim to the magistrates or district court, depending on the amount of the claim.
It is also required to provide supporting documents from the court in relation to the defendant and title documents for the property
The basis for dissolution of a marriage union is the unwillingness of at least one party to be in a marriage union with the other. This basis cannot be applied if the spouse is pregnant or caring for a child under one year old. But this rule applies only to men.
Can a father sue a child from his mother during a divorce? The answer is here.
Where to apply for alimony without divorce? Find out further.
If a woman independently decides to leave, then she notifies the authorized body about the possibility of supporting herself and the child financially.
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
Source: https://101zakon.ru/rastorzhenie-braka/procedura-razvoda/kak-podat-na-razvod-v-odnostoronnem-porjadke/
Application for divorce
Document (information) on payment of state duty (original, 1 pc.)
- Required
- Available without return
Before filing an application for divorce, applicants pay the state fee in the amount established by subparagraph 2 of paragraph 1 of Article 333.26 of the Tax Code of the Russian Federation (except for cases of exemption from payment of state duty provided for by subparagraphs 11, 12 of paragraph 1 of Article 333.35 of the Tax Code of the Russian Federation).
The fact of payment of the state fee is confirmed by a document (information) received by an official of the relevant civil registry office using interdepartmental information interaction. The applicant has the right to submit the specified document on his own initiative.
In this case, the fact of payment of the state duty is confirmed: • in cash - by a receipt of the established form issued by the bank;
• in non-cash form - by payment order with a bank mark.
In case of paying a state fee on the City Services Portal, in order to verify the fact of its payment, you will need to provide the payer’s SNILS number.
The state fee paid for the state registration of divorce is not refundable if the state registration of divorce was not subsequently carried out.
Document that serves as the basis for providing tax benefits to individuals (original, 1 pc.)
- Optional
- Provided only for viewing (making a copy) at the beginning of the service
If the applicant has the right to be exempt from paying state fees, a document confirming this right is provided
Application for divorce (by mutual consent of the spouses) for one of the spouses who does not have the opportunity to personally contact the registry office (original, 1 pc.)
- Required
- Available without return
The form of the application form was approved by order of the Ministry of Justice of the Russian Federation dated October 1, 2018 No. 201 (form No. 10). To be completed by one of the spouses if he is unable to appear at the registry office to submit a joint application. The signature of such a spouse, who is unable to appear at the registry office, on the application must be notarized. This application can only be submitted by the second spouse, who has the opportunity to contact the Civil Registry Office. Submitting an application by proxy from spouses is not allowed. Simultaneously with the submission of the Form 10 application, the spouse who has the opportunity to contact the Civil Registry Office fills out a separate application, which is signed in the presence of an employee of the Civil Registry Office.
Application for issuance of an initial certificate of divorce (original, 1 pc.)
- Can be received during the provision of the service
- Available without return
The form of the application form was approved by order of the Ministry of Justice of the Russian Federation dated October 1, 2018 No. 201 (form No. 13). To be completed if one of the former spouses registered the divorce on the basis of a joint application for divorce at the civil registry office, and the other former spouse applies for an initial certificate of divorce later.
Application for divorce (by mutual consent of the spouses) (original, 1 pc.)
- Required
- Available without return
The form of the application form was approved by order of the Ministry of Justice of the Russian Federation dated October 1, 2018 No. 201 (form No. 9). A joint application for divorce is submitted personally by spouses who do not have common children who have not reached the age of majority. Submission of an application by another person under a power of attorney from spouses (one of the spouses) is not allowed. The application can be made by hand (legible), typewritten or printed using electronic printing devices without abbreviations or corrections. The application is signed in the presence of a specialist receiving the application. If one of the spouses is unable to appear at the civil registry office to submit a joint application, the will of the spouses can be formalized in separate applications for divorce. The signature of such a statement by a spouse on the application (Form 10), who is unable to appear at the registry office, must be notarized.
Marriage certificate (original, 1 pc.)
- Required
- Provided only for viewing (making a copy) at the beginning of the service
Identity documents of spouses (former spouses) (original, 1 pc.)
- Required
- Provided only for viewing (making a copy) at the beginning of the service
Identity documents of spouses (former spouses), issued by the competent authority of a foreign state, must be translated into Russian. The accuracy of the translation must be notarized.
Source: https://www.mos.ru/pgu/ru/services/procedure/0/0/7700000010000008198/
