Divorce without the consent of the husband: with children, without children

Sometimes it happens that the second spouse does not want to get a divorce, or for certain reasons avoids going to the registry office or court.

In this case, it is important to know how to divorce your husband without his consent. And most importantly, you must follow the prescribed procedure for filing a unilateral divorce.

Legislation

• There are 2 options for divorce:
• In both cases, the absence of a husband is possible, but the registry office imposes more stringent requirements for registering a divorce in this case.
• It is important to understand that civil registry offices can register civil status acts only if both people agree to this and there are no disputes between them.

If there is a child, then such a divorce cannot be carried out by the registry office, since upon divorce the fate of the child is decided.

Government authorities are obliged to ensure that the rights of a minor citizen will not be infringed during the divorce process.

Therefore, in the registry office, a marriage is dissolved if the following conditions are met:

• if both people agree to this;
• if there are no children from a joint marriage;
• if there is no property that the spouses cannot divide among themselves peacefully.

The presence of all these conditions makes it possible for a husband and wife to obtain a divorce without a trial . This can save a lot of time and nerves.

But the registry office staff, at their discretion, can provide this couple with an additional 2 months for reconciliation . If they also come within the specified period, their marriage will be dissolved.

MARRIAGE REGISTRY

There can be many reasons for the absence of a husband:

• he can leave for permanent residence in another city or country;
• he may be seriously ill;
• he may be serving a criminal sentence.

And various reasons are also possible. But the registry office employees are obliged to make sure that the absent spouse really wants to formalize the divorce.

In addition, they must know that the application was signed by the citizen himself or his representative legally.

In order to determine whether it is possible to file a divorce in the absence of a spouse, you need to know the reason why he cannot appear at the registry office.

There are 3 main options:

• a valid reason, supported by documents;
• transferring your powers to a trusted person to file a divorce;
• avoidance of divorce.

Good reasons include all those circumstances that force him to be in another place. This could be illness, work, permanent residence.

Then the person must document them. He can fill out an application for divorce and have it certified by a notary. Such a document will be the basis for confirming the person’s consent.

Then the wife will have to fill out the second part of this application in the presence of the registry office employees, and the divorce will be finalized.

In addition, each person can transfer partial of his powers to perform certain actions on his behalf to a trusted person.

In this case, a power of attorney is issued to the notary to sign the divorce application. Then the divorce will be carried out in the presence of this person and the second spouse.

If the husband simply avoids being present, it will not be possible to obtain a divorce from the registry office . Therefore, if the question arises whether it is possible to divorce without the consent of the husband, then this is permissible, but only in court.

Other circumstances

There are some other circumstances when a divorce can still be effected without the presence and consent of the husband. Such situations include:

• if the husband is declared incompetent by the court, and there is a corresponding decision about this;
• if the husband is declared missing and there is also a court decision;
• if the husband is serving a criminal sentence and there is a court decision that has entered into force.

A similar situation is allowed when a husband files an application for divorce from his wife. If such circumstances exist, it is not the joint application form for divorce that is filled out, but Form 9.

In it, the applicant writes down all the necessary information on his own behalf and indicates the reason for the absence of the second spouse, which gives the right to divorce unilaterally.

Court

All controversial issues in Russia are always resolved in courts . Therefore, if there is any dispute regarding the divorce itself or the division of property after it, you need to go to court.

The jurisdiction of the judicial authorities also includes divorces in which minor children are involved, since the interests of the child must be taken into account when registering this procedure.

It is important to know which authority to apply for divorce to. The following questions are considered:

• justices of the peace;
• district or city courts.

Each of these authorities has its own jurisdiction over cases. Magistrate judges consider claims in which:

• one of the spouses does not want to get a divorce or is avoiding a divorce;
• when there is a property dispute worth up to 50 thousand rubles.

All other cases are within the jurisdiction of city or district courts only. Among other things, they consider:

• divorces involving minors from a common marriage;
• divorces with a property dispute over 50 thousand rubles.

As a general rule, the plaintiff must file a claim in the court that is located at the defendant’s place of residence. But in exceptional cases, it is possible to submit an application at your place of residence.

These situations may include:

• inability to attend a court hearing in another locality due to a small child;
• inability to attend the trial due to the state of one’s health or the health of close relatives.

There may also be some other reasons. They must be documented. This evidence is submitted simultaneously to the court office along with the claim itself.

Divorce without the presence of one of the spouses is possible under the following circumstances::

1. This citizen was notified in the manner prescribed by law about the date and time of the meeting.
2. This person did not provide any evidence of valid reasons for missing the meeting.

In this case, the judge has the right to postpone the hearing several times, but usually on the third time he makes a decision on divorce.

The notification procedure is as follows:

• the person is sent a summons by letter to the place of his registration and residence;
• he may also receive an additional call from the office a few days before the meeting on his cell, work or home phone.

1. A copy of the decision will be sent to him by mail within 3 days.
2. Cases are more difficult and take longer to consider when the husband not only does not agree with the divorce, but also creates various disputes regarding the division of property or the place of residence of the child.
3. In this case, the case may be postponed several times at the request of the parties in order to provide them with the opportunity to reach an agreement amicably or to find evidence to support their claims.

Auto-divorce is used in cases where the defendant is absent more than 3 times. Then the judge has the right to make a decision without his presence.

But if the defendant each time submits documents confirming valid reasons for his absence, the process will be postponed each time. This transfer procedure can occur an unlimited number of times.

Statement

Depending on the place where the application is sent, the procedure for its preparation will be different. When submitting it to the registry office, you must use the established standard forms to fill out the document.

In this case, it is necessary to fill out it in front of the registry office employees. When the spouse is absent, but the wife has valid grounds for filing a divorce, Form 9 is completed.

The procedure will be as follows:

1. It is necessary to indicate the registry office department to which this document is sent.
2. Next, you need to write the applicant’s full name.
3. The text itself contains the name of the second spouse with whom a divorce must be made.
4. Next, all information is entered into a tabular form about both spouses. This includes: full name, date and place of birth, citizenship and nationality, place of residence.
5. A mandatory separate clause specifies the grounds for divorce. Only 3 options are allowed here: the husband’s incapacity, his disappearance and criminal punishment.
6. Below it is indicated what surname the applicant wants to have after the divorce.
7. Next is the date and signature.

In all other situations, a joint application for divorce is filled out in Form 10. The procedure for filling it out requires the presence of both spouses.

As an exception, it is allowed to fill out a document remotely by one of them, but then it must have a notary’s mark on certification.

After this, the document is sent by mail or any other method to the first spouse. And he goes with him to fill out the second part in the presence of the registry office employees.

The procedure for filling out Form 10 will be as follows:

1. At the top of the document on the right is the full name of the civil registry office.
2. The full names of both spouses are written down just below, since this document is a joint one.
3. Further information is indicated in tabular form about each of them. Such information includes: full name, place and date of birth, nationality and citizenship of each person, place of residence and passport details, details of the civil status act upon marriage.
4. There is also a line at the bottom where you can write a request to assign each person a specific surname.
5. Below is the date and signatures of the parties.

If a trustee is present during the divorce, then he fills out the information about his trustee and puts his signature. The original power of attorney is attached to the application.

Divorce is a paid procedure, so in 2020 each spouse must pay a fee of 650 rubles.

If, under certain circumstances, a divorce is carried out only at the request of one of them, then only the applicant pays the state fee and it will be 350 rubles.

Statement of claim

The procedure for filing a claim also provides for the plaintiff’s obligation to pay a state fee. Its size is 600 rubles.

But after this, when the spouses with the court decision apply to the registry office to obtain a certificate that their marriage is dissolved, they will be forced to pay 650 rubles each again.

The procedure for filing a claim will be as follows:

1. You must indicate the name of the court to which the claim will be sent.
2. Below you must enter the applicant’s full name, passport details, registration address and telephone number.
3. Then similar information about the defendant is written down.
4. You must also indicate the cost of the claim and the amount of state duty paid.
5. The name of the claim, its main essence.
6. Next, you need to write down the details of the marriage certificate, the date of entry and by whom the marriage was registered.
7. The main circumstances why this divorce cannot be filed in the registry office or in another court must be stated.
8. Below are links to the legal acts that govern these legal relations.
9. Then you need to list your demands for the divorce itself and other demands related to minor children or property.
10. Below is a list of all attachments to the claim.
11. The date and signature of the applicant are placed.

It is important to remember that the plaintiff determines the cost of the claim himself. If there is no property dispute, then it must be indicated that the claim is not subject to assessment.

If there is property that the spouses share, then the plaintiff independently determines the total value . The state duty also depends on this amount, since it is paid additionally for a property dispute.

Documentation

In all cases, in addition to the main application, other documents are required. These include:

• passports of both spouses;
• certificate confirming marriage registration;
• certificates confirming the presence of common children;
• title documents for property, if there is a property dispute;
• notarized power of attorney of the representative, if the interests of one of the spouses are represented by a proxy;
• in the absence of one of the spouses, documents are submitted confirming valid reasons for his absence.

In some circumstances, certain other documents may be required, especially when the dispute is being heard in court.

Here certificates of income of each spouse and existing property can be presented. This information may be needed to determine the future residence of joint children.

Thus, it is possible to carry out a divorce without the consent of the spouse, but it is important to know how this procedure is carried out in order to submit an application of a certain form to the right authority.

In addition, it is important to collect a complete list of papers required to determine the reasons for the husband’s disagreement. All controversial issues will always be resolved in court.

• Therefore, when it is not possible to reach an agreement peacefully, each spouse should know that the divorce will still be filed if one spouse wishes it.
• Although, as practice shows, protracted consideration of such cases often leads to the fact that a married couple decides not to destroy their union.
• That is why, from the first time, judges and registry office employees prefer not to dissolve the marriage of spouses, but provide time for reconciliation.

Read also: How sick leave is paid for a single mother: in case of illness of the child and in case of illness of the mother

Video: How to divorce your husband without his consent?

Source: http://semeinoe-pravo.net/kak-razvestis-s-muzhem-bez-ego-soglasiya/

How to divorce without your husband’s consent - through the registry office and court, with or without children

How to get a divorce without your husband's consent? If a question arises regarding divorce, then mutual consent of both parties will help to quickly resolve the current situation and formalities.

However, it happens that the spouse insists on officially dissolving the relationship, but the husband is in no hurry to make a decision. What to do in such a situation? There are always several options for resolving the current problem, both through the registry office and through the court.

Remember that a woman has the right to divorce, even if her husband is against it, and when there are no children, and when she is pregnant, and if she has a young child.

Below is information that will help you find out whether it is possible to file a divorce without the consent of your husband, and what documents are required for this. We will look at the intricacies of filing for divorce if there are children and when there are none. Keep in mind that in some cases, divorce is possible without the presence of a spouse.

Is it possible to carry out the procedure without the consent of the husband and what documents are needed?

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

Is it possible to carry out the procedure without the consent of the husband and what documents are needed? Let's look at this issue. This is possible, but only when going to court and during lengthy proceedings. However, the law establishes some situations that are exceptions when it is permissible to simply contact the registry office (more on them below).

So, in order for a woman to get a divorce when her husband is against it, she needs to file a lawsuit in court. It can contain various requirements other than divorce. In particular, they may concern:

• determining the future place of residence of children;
• the procedure for paying child support;
• division of property acquired during marriage;
• return of the maiden name at the end of the divorce procedure;
• payment of alimony in favor of the spouse (allowed in individual cases by decision of the judge).

Note! The list of requirements may be more impressive. It all depends on the wishes of the spouse and the specific situation.

It is important to ensure that you have all the necessary documents. Their list directly depends on how exactly the procedure for dissolving an official union is carried out. Among the documents that are needed in any case, you should highlight a marriage certificate and a personal passport.

If there are young children in the family, then the divorce must be carried out in court. In this case, the birth certificates of the child or children should be added to the list of required documents.

There are various situations in life that lead to divorce. In particular, divorce can be distinguished due to the presence of any harmful habits in the husband (alcohol, addiction to gambling, drugs, etc.). In this case, you must attach to the claim evidence of your spouse’s addiction.

If you plan to divide property, you must attach papers regarding its value. The price must be determined by experts by the time the claim is filed in court and confirmed by relevant documents.

What else is needed? Be sure to include a receipt indicating that the state fee has been paid. Its size cannot be precisely stated, since it is determined by several factors: the place where the divorce is performed, as well as the requirements presented by the woman.

Features of filing an application without the consent of the husband

You need to know the specifics of filing an application for divorce without your husband’s consent. First you need to decide which court to go to. Today, the law establishes the possibility of resolving such disputes regarding divorce in both district and magistrate courts. However, keep in mind that there are some handling subtleties (more on them below).

Next, you need to deal with the territorial issue of the court. You can file a claim at the place of registration of your spouse. An alternative method is to file a claim at the wife’s place of registration (especially if there is a young child or the woman cannot travel to another city for legal proceedings for health reasons). In both courts the application will be accepted and considered.

When filing a claim, the main thing is to pay attention to the reasons for the divorce. Practice shows that this is what the judge pays attention to first of all.

Regarding the technical side of the document, remember that the claim is filed in triplicate.

Two should be immediately taken to the office (the judge will send one of them to the defendant after the hearing), and the last one will be marked with a note indicating that the claim has been filed. A receipt for payment of the state fee must be attached to the application.

Note! In cases where only a divorce is required, the state fee is 650 rubles. If division of property is required, you will have to pay a percentage of the cost. It is calculated depending on the type of property.

In some cases, it is possible to apply to the registry office without the consent of the spouse. According to the law, three situations are permissible, but each requires a court decision regarding what:

• the spouse is declared missing;
• declared incompetent;
• serving a sentence (3 or more years) in prison.

If any of these situations arise, a woman can apply to the registry office (without the consent of her husband and even while pregnant or with young children) and get a divorce.

What is needed for this? It is enough to fill out an application, attaching your passport, marriage registration certificate, and a copy of the court decision against your spouse. In this case, a state fee is also required to be paid. Its size is 350 rubles.

By the way, you can contact any registry office (both the one that registered the marriage and the one at your place of residence).

You can try and just contact the registry office. In this case, an employee of the organization must determine that the absent spouse wishes to divorce.

There can be many reasons for a husband’s absence, including serious illness, being in another city or country, or serving a criminal sentence (for up to three years).

So that the registry office employee does not have any questions, you need to provide a notarized statement from your spouse, where he indicated that he is not against divorce.

Note! The procedure for divorce through the registry office takes on average one month. After this, the woman receives a certificate of dissolution of the union.

How to get a divorce without the presence of your spouse?

How to get a divorce without the presence of your spouse? This is only possible if the spouse (aka the defendant) does not come to the court hearing twice. Moreover, the court is obliged to notify the defendant of the hearings in a proper manner. As a result, the judge issues a verdict in absentia. Usually two passes are enough.

In some cases, the spouse himself can write a statement addressed to the judge stating that he is not against considering the case without his personal presence. This is acceptable if the man is not against divorce. The judge made a default judgment based on the application, which will become the reason for the divorce.

Subtleties of divorce for couples with and without children

The subtleties of divorce for couples with and without children differ. If there is a child (or children) together, the court is obliged to consider not only the divorce, but also issues related to the children:

• who will the baby live with?
• what will the child’s last name be?
• what will be the amount of alimony?

If there are children, the court often sets a time limit for spouses to reconcile. It can be up to three months. During this period, the decision is postponed. If during this time nothing has changed in the relationship between husband and wife, and the desire to divorce remains valid, then the judge makes a decision. Keep in mind that you will have to contact the district judge.

If the couple has no children, it is enough to submit an application to the magistrate's court. Why? He processes cases faster. By law, a decision must be made within a month (with the exception that spouses are given a period for reconciliation). If desired, the judge’s decision can be appealed to the district court (if the verdict does not suit one of the spouses).

Note! It is advisable to prepare for the fact that the divorce process can take six months or even more. For example, the court of first instance can consider cases for up to two months (according to the Code of Civil Procedure of the Russian Federation).

If the spouses are given a period for reconciliation, three months will be added to this time. In addition, either party has the right to appeal the verdict (if it is not satisfactory) by filing an appeal.

According to the law, a month is allocated for filing a complaint, and proceedings last up to two months.

Regardless of which court you go to, after the decision on divorce is made, you will have to visit the registry office to complete the procedure. This authority will issue a divorce certificate. In some cases, its processing also takes some time.

Practicing lawyer in the field of consumer rights protection. Author and editor of articles on the Rukazakon portal.

Source: https://rukazakona.ru/semejnoe-pravo/kak-razvestis-bez-soglasiya-muzha.html

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

A divorce procedure is carried out in court if one of the spouses does not agree to divorce (Article 21 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) and/or the married couple has minor children. The judge may take measures to reconcile the parties by giving them a certain period of time to do so , not exceeding three months (Clause 2 of Article 22 of the RF IC). Consequently, the trial of the case will be postponed.

If the spouses did not take advantage of the time provided by the court for reconciliation and one of them still insists on dissolution of the marriage, then the court makes a decision on divorce.

If at the first court hearing it is obvious that further life together for the spouses is impossible (for example, regular quarrels, beatings, which negatively affects the child’s psyche, etc.), then the marriage is immediately dissolved (Clause 1 of Article 22 of the RF IC) .

How to get a divorce without the consent of your spouse and having children

Either spouse has the right to file for divorce . The refusal of the husband or wife to dissolve the marriage is not an obstacle to divorce.

Simply the disagreement of the other “half” can serve to delay the divorce procedure. The decision to divorce is made by a judicial authority in accordance with Art. 21 IC of the Russian Federation.

In order for a divorce case to proceed, a claim must be filed by the spouse seeking the divorce.

But it should be taken into account that if the initiator is the husband, then according to Art.

17 of the RF IC, he does not have the right to file for divorce without the consent of his wife, if she is pregnant and/or the spouses have a joint child under one year of age, or even when the child was stillborn and less than a year has passed since the date of birth. This rule does not apply if the wife wishes to dissolve the marriage .

In practice, cases are not uncommon when the second spouse does not agree to divorce and therefore simply avoids meeting. There are many reasons to delay divorce proceedings. One of the most common is applying for loans and other monetary manipulations, the implementation of which will be more difficult during a divorce.

In the absence of consent to divorce, the court sets a three-month period for reconciliation of the spouses (Article 22 of the RF IC) and this is not desirable for the party initiating the divorce. Since during the time given by the court for reconciliation, the second spouse can take away part of the property or significantly worsen its condition.

Application for divorce without the consent of the spouse

In order to get a divorce, it is necessary to draw up an application that is submitted to the court (Article 21 of the RF IC). There is no strictly defined form of the statement of claim , but in Art.

131 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation) provides rules according to which the claim must comply.

Read also: Inn for a child: through government services, what documents are needed, application

First of all, the application must be submitted in writing and it is advisable that it occupy no more than two A4 pages; the longer the claim, the less the judge reads into it. The text of the statement should not contain any emotional overtones, only “dry” facts.

Typically the application consists of three elements :

• Formal (introductory) : contains the name of the court, full names of the parties to the process (plaintiff, defendant and third parties, if any), their location addresses. This information is located on the right side of the sheet.
• Descriptive: it indicates when the marriage took place, the reasons for the divorce, the presence and number of minor children, the presence or absence of an agreement on alimony payments, references to the laws and on which the plaintiff bases his arguments.
• Resolution (final): a request is made to satisfy the court's claims (for example, to dissolve a marriage, to collect alimony from the defendant for minor children, to divide jointly acquired property, etc.), indicating the documents attached to the claim that confirm the circumstances set out in the descriptive part.

It is advisable to indicate in the application that further reconciliation of the parties is not possible ; this is necessary to speed up the divorce process, so that the judge does not provide a period for reconciliation of the parties in accordance with paragraph 2 of Art. 22 IC RF. The claim is signed by the plaintiff or his representative with a completed power of attorney.

Example

Ivanchuk A.I. filed an application for divorce.

Having indicated the name of the court and the parties with the addresses of their location, the plaintiff immediately indicated in the text that she was asking the court to divorce her from her husband, to leave their thirteen-year-old son with her, and to divide all property acquired during the marriage in half.

Then she indicated the regulatory framework she was referring to, the date of marriage, outlined the reasons for the divorce, and gave reasons why the child should remain living with her.

However, the court rejected her application for divorce, arguing that it was filed in violation of Art. 131 Code of Civil Procedure of the Russian Federation. Because the absence of a unified application form is not a reason to violate the procedure for presenting a claim defined by law.

Documents for divorce without the consent of the spouse

Art. 132 of the Code of Civil Procedure of the Russian Federation provides a list of documents required to be attached to the claim, however, one should take into account the nuances of the divorce process in connection with which additional documents will need to be attached.

The collection of documents should begin long before you decide to inform your spouse about your decision to divorce, because there are families where the spouse can create obstacles by destroying documents, property, not to mention aggression on his part.

The main list of documents attached to the claim in divorce proceedings without the consent of the spouse:

• a copy of the claim for the second spouse;
• Marriage certificate;
• birth certificates of children (if they are still minors at the time of divorce);
• receipt of payment of state duty;
• extract from the house register;
• power of attorney, if interests will be represented by a lawyer.

We recommend that you attach copies of documents to your application and bring the originals with you to the meeting. Although the court is a “temple of Themis,” people work there, and there is a possibility that documents may be lost or damaged. Also, originals may be required at the meeting.

After studying the presented materials, the court may request additional documents necessary for a quick and correct resolution of the case. If the second spouse interferes with their collection or refuses to provide the documents required by the court, then you should write a petition to the judge to request them.

We recommend that you immediately attach to the package of documents a drawn up agreement on the payment of alimony , on the division of property, on who the children will live with after the divorce, so that the judge examines them to ensure that the interests of minor children and the parties to the process are respected, and, if necessary, makes amendments and approves them. You can draw up different agreements, or you can specify everything in one. The court has the right to separate the division of property or determination of the place of residence of children into separate proceedings.

The procedure for considering in court a case of divorce without the consent of the spouse and the presence of children

The application is submitted in accordance with Art.

24 of the Code of Civil Procedure of the Russian Federation to the district court at the location of the defendant , if his location is unknown, or minor children live with the initiator of the divorce, then the claim can be filed in the district court at the place of residence of the plaintiff .

The court hearing will be scheduled no earlier than one month from the date of filing the statement of claim with the court office. According to Art. 154 of the Code of Civil Procedure of the Russian Federation, a divorce case must be resolved no later than two months from the date of receipt of the application.

Divorce may be delayed due to the fact that the court must notify the defendant of the place, time and date of the consideration of the case, which must be confirmed by relevant documents (for example, a notice of delivery, or a signature confirming delivery).

The second spouse, who does not want to dissolve the marriage, can be properly notified of the date, time and place of the hearing, but not appear at court hearings, hoping that without his participation the judge will not make a decision on divorce, because both parties the process .

However, the judge has the right to make a default judgment based on the consent of the plaintiff. A copy of the decision made in absentia is sent to the defendant with notification of delivery no later than three days from the date of the decision (Article 236 of the Code of Civil Procedure of the Russian Federation).

But if the defendant could not take part in the court hearing for a good reason, and he did not have the opportunity to inform the court about this, then he has the right to apply to cancel the default judgment (Article 237 of the Code of Civil Procedure of the Russian Federation).

The decision made by the court may be:

• about divorce;
• on the application of a conciliation period and the postponement of consideration of the case;
• refusal to satisfy demands.

The decision on divorce comes into force after the expiration of the period provided for an appeal (Article 209 of the Code of Civil Procedure of the Russian Federation), after which the court sends an extract from the text of the decision to the registry office within three days.

Questions from our readers and answers from a consultant

My wife is preparing documents for divorce and stole the marriage certificate, I don’t want to get a divorce. Can I write a statement against her about the fact of document theft?

The marriage certificate is a common document of the spouses; if you need it, you can obtain a duplicate from the registry office.

My husband persuaded me to take out a loan to furnish a dacha, which he inherited from his father. Having received the money, he filed for divorce. How will this situation be resolved upon divorce, and who will pay the loan?

During the divorce process, we recommend that you discuss this issue peacefully with your husband, otherwise, provide the judge with evidence that all the money was spent by the husband on personal needs.

If the loan is not repaid, the bank has the right to go to court.

In a lawsuit, a decision will be made on the basis of which a writ of execution will be issued indicating the person obligated to pay the loan.

I am pregnant, I live with a young man who is still formally married, he says that he is not being divorced because... He and his wife have a minor child aged five, is it possible for him to get a divorce?

The court can refuse a man a divorce only in cases provided for in Art. 17 RF IC. The presence of a minor child and/or disagreement of one of the spouses to divorce is not an obstacle to divorce.

Source: http://razvod-expert.ru/razvod-i-deti/zayavlenie-v-sud/bez-soglasiya-supruga/

Divorce without the consent of the spouse without children - one of them, documents

Agreeing on a divorce with your spouse is not so easy. Divorce proceedings are also a complex matter. Therefore, each spouse, entering into a conflict situation, should know how long the divorce will take in case of a bad outcome.

basic information

If the spouse has quite a lot of claims and everything is heading towards divorce, then one of the parties has the right to file an application for divorce proceedings. But the second spouse has the right to disagree with this position and petition to preserve the marriage union.

• It is not uncommon for a man to become the initiator, and a woman tries to maintain the relationship, guided by feelings and even sometimes by mercantile considerations.
• It is possible to divorce unilaterally, but in compliance with the basic rules.
• Divorce is not possible on the part of the husband if there is:

1. wife's pregnancy;
2. if the child was born no more than a year ago. Even if the child was stillborn or died before this period. As soon as this period has passed, the man has the right to file for divorce.

You can submit an application to the registry office only in certain situations, namely:

1. by mutual consent in the absence of joint minor children. If one of the parties does not agree to divorce, then this cannot be done through such an authorized body. After all, this process, like marriage, should be created only with the mutual consent of the parties;
2. One of the spouses has the right to unilaterally submit an application, but if the other party is recognized as incompetent, dead, missing, or sentenced for a term of more than three years.

Application and documents

In all other cases, the rule for filing an application with the court applies. Often this happens when there is no mutual consent, there are children or property disputes.

There is an increased state duty and the possibility of additional claims.

All divorce cases are heard in the Magistrates' Court unless there are additional requirements. If there are any, then the appeal takes place in the district court. In accordance with the basic rules, the application is submitted at the place of residence of the defendant.

If both spouses live together, then no questions can arise.

If the residence is separate, then the spouse will have to independently find out where the defendant is registered and send notices of the divorce action. The application must be filled out correctly and consist of three main parts.

In particular, this is a formal part that contains the name of the court, full name of the applicant and defendant, date of birth and registration data. Next, enter information about children, if any.

The second part is descriptive. This often includes the date of marriage, circumstances, reasons for dissolution, arguments and evidence of the position. The solution to the situation regarding children and property is also described.

The last part assumes a petitionary nature, where a request for divorce occurs and the position is argued by the norms of legislative acts. Upon completion, a date and signature are affixed.

It is worth remembering that in addition to the application, the applicant must attach to the application all documents confirming his point of view.

The main ones worth highlighting are:

1. a copy of the claim and a certificate of marriage;
2. copy of passport data;
3. a copy of the birth certificates of joint children;
4. other documentation that will confirm the circumstances of the case;
5. a check confirming payment of the obligatory payment.

Divorce without the consent of the spouse without children - basic steps

Once the plaintiff has correctly filled out the application, it is submitted with attachments to the court. After which, a copy of the document is sent to the second spouse.

As soon as the documentation is delivered and compiled correctly, the court takes into account all the certificates. The consideration of the case in this proceeding is one month from the date of submission.

Each spouse is notified of the first court hearing by summons. During court disputes, the positions of each party are heard. If one of the spouses does not agree, then they are given time for reconciliation - up to three months.

As soon as the deadline has passed and no reconciliation has arisen, the court satisfies the request.

If the spouses do not appeal this decision, then it enters into legal force. To complete the divorce procedure, you must submit an application to the registry office for a divorce certificate.

Here all information about the divorce is also entered into the civil registration book.

If a unilateral refusal of marriage is necessary, the initiator has the right to contact a civil registry office employee with a corresponding application. This can only be done in the above cases.

In this case, a copy of the court ruling on the incapacity of one of the parties or a copy of the court verdict is attached to the application.

Additional documents for the divorce process may be:

1. a copy of the claim;
2. extracting books from home;
3. title documents for real estate.

Read also: What are the new rules for withdrawing cash from bank cards

Video: How to get a divorce

Deadlines for filing an application from one of the spouses

Divorce proceedings may also take place in the absence of the consent of the other party. It may take up to five months from the date of filing the claim and receiving the divorce certificate.

Any party can delay the divorce if it initially does not agree, then not appear at court hearings, and then also appeal the decision.

To avoid this position, a person should refer to significant circumstances. For example, immoral behavior or bad habits. This can be proven through evidence or documentation.

To avoid postponing the meeting, you should notify your spouse independently of the date and time of the meeting. If the second spouse does not come to the meetings three times, the union will be dissolved unilaterally.

The issue of divorce proceedings is regulated by the following legal acts:

1. Chapter 4 of the Family Code of the Russian Federation. To resolve the issue, it is worth using articles 18 – 25 of this legal act;
2. Article 22 of the Family Code of the Russian Federation regulates the divorce process in court.

If there are no minor children in the family, the procedure is somewhat simplified. And even if one of the parties disagrees with the divorce, the action becomes uncomplicated. The court will deal with these circumstances within three months.

This is regulated by Article 22 of the Family Code of the Russian Federation.

If the spouse does not agree after this period, then the court will divorce them in any case. But there are several restrictions described in Article 17 of the Family Code of the Russian Federation.

If children are born in the near future, then the man has no right to file for divorce without the written consent of his wife.

Article 17 of the Family Code of the Russian Federation states that it is not possible to file an application for divorce if the spouse is pregnant or has a child under one year old.

Lawsuit

In accordance with Article 154 of the Civil Procedure Code of the Russian Federation, the court is obliged to consider the case within 60 months from the date of filing the claim.

To accept an application, the court obliges citizens to submit only correctly completed documentation. In fact, there is no unified form of claim, but legal acts stipulate the basic rules for filing.

For correct registration, you should use Article 131 of the Civil Procedure Code of the Russian Federation. The claim contains both formal and descriptive parts.

The formal form should include basic information:

1. name of the court and number of the site;
2. initials and surname of both the plaintiff and the defendant;
3. if interests are represented by a trusted person, then documents for him;
4. descriptive part of the question;
5. link to legal documents;
6. date and signature of the plaintiff;
7. list of attached documents.

The following information should be included in the narrative:

1. place and date of marriage;
2. details of the document certifying entry into a marriage union;
3. end date of cohabitation;
4. initials, surnames of minor children;
5. their place of residence;
6. reasons for divorce proceedings;
7. indication of names after the end of the process.

Additionally, it is worth indicating the requirements for alimony, if any. If the defendant does not agree to the process, then this is also indicated in this part.

As a rule, the court gives a period of three months for reconciliation. It is possible to avoid it if the second spouse suddenly expresses consent to the divorce process in the courtroom.

Then the action will be based on mutual consent. If the claim indicates that the appointment of a conciliation period is not advisable, the court will decide the fact on its own initiative.

A document certifying payment of the state fee is attached to the statement of claim. This is regulated by subparagraph 5, paragraph 1 of Article 333, Chapter 19 of the Tax Code of the Russian Federation.

1. The cost of divorce proceedings in court is 600 rubles for each spouse.

How are loans divided when spouses divorce if there is a child? The answer is here.

How to remove a minor child from an apartment after a divorce? Find out further.

After the spouses divorce, they must receive a decision from a judicial organization with a seal on its entry into force. After this, go to the registry office, where you can obtain a divorce certificate.

Source: https://101zakon.ru/rastorzhenie-braka/procedura-razvoda/razvod-bez-soglasija-supruga-bez-detej/

Is it possible to get a divorce without my husband's consent in 2020?

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Registration of a union is voluntary. If during the marriage relationship the spouses realized that they could no longer live with each other, then they have the right to divorce.

This procedure also presupposes the desire of each party. However, in some cases, one of the partners has to take the extreme step and dissolve the union unilaterally.

So, how to divorce your husband without his consent?

Where to apply?

According to the RF IC, the easiest way to get a divorce is for the parties to visit the registry office. However, this is not always possible. The law also allows for the dissolution of a union without the participation of a spouse. Most often the decision is made by the court. The registration authority carries out the designated procedure, but the requirements for the circumstances that influenced the person’s decision-making will be much stricter.

Important! The registry office divorces partners only if there are no disagreements between them and both agree to break off the relationship. Thus, spouses should not have common children or property disputes.

How to get a divorce in the registry office without the presence of your husband?

The body authorized to register relations between citizens is authorized to dissolve the union even when one of the spouses does not appear in person to formulate an application.

However, the reason for this must be circumstances that do not depend on the will of the citizen.

These include: moving abroad for permanent residence; serious illness; unknown disappearance or death; serving a criminal sentence in places of deprivation of liberty for a period of three years; incapacity.

In addition, other situations are allowed in which the wife has the right to break off relations with her husband without his presence. It is important for employees to present an application, personally written by the husband and notarized. A legal representative may fill out the form.

A woman who personally comes to the registration authority must fill out the second part of the form in the presence of the authority’s employees. After this, the divorce will be finalized. If a man decides to transfer powers to a representative, then the latter must be present at the procedure by presenting a power of attorney certified by a notary.

The absence of one of the spouses due to his disappearance, death or long-term conviction requires filling out Form No. 9. It differs from the form generated for a voluntary separation.

Form No. 9

How to form an application?

Submitting documents to the registry office involves filling out forms in a strictly prescribed form. The paper is formed only in the presence of agency employees. If the husband is absent and the wife has a reason for unilateral divorce, Form No. 9 is used.

The woman must fill out the following information:

1. The department to which the application is being submitted.
2. Individual information.
3. Grounds for dissolution of the union. The applicant chooses from 3 options: the partner’s incapacity, his disappearance or imprisonment in a correctional institution.
4. The surname that the spouse wishes to have upon completion of the divorce process.
5. Date and visa.

Other situations require the applicant to submit a joint application in Form No. 10. The partner’s part can be filled out by him personally or with the help of a trusted person.

In the absence of the other half, it is possible to form the paper remotely. In this case, the husband must have his part certified by a notary and send the document with a lawyer’s note to his other half.

The latter, in turn, must take the form drawn up by the spouse with him.

The difference between form No. 10 and form No. 9 is that the first does not contain the reasons for the decision made. They do not need to be specified, since legally significant actions are carried out by mutual desire.

Important! Divorce requires partners to pay a state fee. In 2019, its size is 650 rubles. If the divorce is initiated by one person, then the applicant pays only 350 rubles (only for himself).

Resolution of the issue in court

The authority considers cases that are complicated by various factors.

So, if spouses have minor children, they do not agree with the order of distribution of jointly acquired property or are simply against divorce, then the divorce process takes place in the courtroom. It is worth knowing where the claim is being filed.

It depends on the cost of the requirements and the presence of children in the family. If there are children under 18 years of age and the value of the disputed goods is above 50 thousand rubles, the case falls under the jurisdiction of the district (city) court. Otherwise, the procedure takes place in the world court.

The applicant must contact the authority at the defendant’s place of residence. Sometimes it is allowed to file a claim in the locality where the wife lives.

To do this, you need to submit the most complete package of documents confirming the presence of a small child who has no one to stay with during the mother’s absence, or health certificates that do not allow the action to be carried out at the husband’s place of residence. The papers are attached to the application and submitted to the court office.

The authority can separate citizens without the presence of one of the parties only if the person was notified of the place and date of the meeting in accordance with the established procedure, and the citizen did not provide explanations about his absence, which are accepted as valid. The first two meetings are usually postponed. On the third, the judge makes an appropriate decision. Typically the procedure takes three months. A copy of the decision is sent to the absent person by mail within 3 days after the relevant decision is made.

Important! If the defendant has compelling evidence confirming the impossibility of his presence at the consideration of the case, then the hearing is postponed an unlimited number of times. This significantly delays the process.

Procedure for forming an application

When submitting an application to the authority, the legislation provides for a fee of 600 rubles. Moreover, after receiving the decree in hand, the partners will have to contact the registry office in order to pick up a divorce certificate, for which they will again have to pay 650 rubles.

The claim includes:

1. Full name of the authority considering the case.
2. Personal data about persons participating in the process.
3. Cost of requirements.
4. The name of the petition and its contents.
5. Details of the document certifying the registration of the relationship by the partners.
6. The reason why the applicant had to formulate an application bypassing the registry office.
7. References to the rules of law according to which legal rights are exercised.
8. Requirements. They include the plaintiff’s position on the upbringing, residence and financial support of young children, the rights to jointly acquired property.
9. Applications.
10. Date, signature.

• Question:
• How is the value of a claim determined?
• Answer:

The price of the claims is indicated at the discretion of the applicant. At the same time, it is worth remembering that this parameter is set based on the market valuation of goods. It is often difficult for a plaintiff to cope with such a task.

In addition, the authority has the right not to accept the case for consideration if the value of the valuables is indicated incorrectly. Considering that the price of the claims determines the amount of the state duty, it should be indicated correctly.

To do this, you can use the services of qualified appraisers and lawyers who will help formulate requirements.

Package of documents

Severing a relationship requires the spouses to collect the following papers: passports of both parties; union registration certificate; a document confirming the presence of minor children in the family; certificate of the emergence of ownership of goods.

In some cases, additional documents are required. If partners have a child, then special attention will be paid to protecting his rights and interests. The spouses will have to prove that the quality of the new living conditions, material support and development will not be lower than before. To do this, you will need housing papers, as well as income certificates.

Conclusion

Thus, divorce without the consent of one of the parties can be carried out through the registry office or court. In the first case, the procedure is allowed if the couple does not have children or property that is disputed by them. The participation of the authority is required when spouses separate, having significant claims against each other.

Source: https://semyahelp.ru/semejnoe-pravo/razvod/mozhno-li-razvestis-bez-soglasiya-muzha-v-2019-godu