How to file for divorce in another city: without registration, sample application

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Where can you get a divorce if you got married in another city?

From the moment of marriage, spouses acquire a number of rights and responsibilities, and therefore, the divorce process is associated with some features provided for by law in order to protect the interests of both the former couple and their joint minor children. That is, depending on the nature of the couple’s relationship, divorce can be accomplished in two ways.

Through the registry office

Divorce of a marriage by contacting the Civil Registration Authority is possible only in certain cases defined by Article 31 of Federal Law No. 143 “On Civil Registration”, namely:

• if the decision to divorce is mutual and there are no small children;
• if one of the couple is declared incompetent, missing or prosecuted and imprisoned for more than three years based on a court decision.

If the above-described grounds for divorce are associated with any difficulties, for example, the same property disputes, the marriage can only be dissolved in court.

Through the court

To file a divorce, you need to go to court, taking into account the rules of law that determine territorial jurisdiction and jurisdiction.

The magistrate's court will consider divorce cases if:

• One of the spouses does not agree;
• The spouses have minor children, and the parents have no disagreements regarding their future residence or upbringing.

If the spouses continue to actively divide the common property and cannot decide with whom the children will live, the issue of divorce will be resolved only in the district court at the place of registration of the defendant or plaintiff within the framework of Articles 28-29 of the Code of Civil Procedure of the Russian Federation.

How to file for divorce if your spouse lives in another city

Naturally, just the desire to dissolve a family relationship is not enough, so the couple must not only contact the above institutions, but also follow the procedure defined by law. Divorce from another city has its own characteristics both for the plaintiff, who lives outside the place of marriage, and for the defendant, who is unable to come to the place of dissolution of the marriage.

Contact the registry office

To initiate the divorce process through the registry office, you will need to fill out and subsequently submit a joint application, which reflects not only the willingness of both spouses to dissolve the marriage by common desire, but also the absence of minor children, not to mention the personal data of the couple.

Submit your application

For divorce by mutual consent, Form No. 8 is used.

It must be filled out by the spouse living in the place of divorce and, separately, by the spouse living in another city. The latter notarizes the document and sends it by registered mail to the address of the registry office.

Another option is to submit an application through the State Services portal using a verified account. Based on the results of acceptance of the document, the spouses will be assigned a date for divorce.

By the way, it is also possible to send an application to the registry office through a multifunctional center, the branches of which are located in many large cities of Russia, both electronically and in writing.

Attach documents

To support the validity of a divorce through the Civil Registry Office within the framework of Article 31 of Federal Law No. 143, you will need:

• passports of each spouse;
• marriage registration certificates;
• a copy of the court decision, if we are talking about unilateral divorce due to incapacity, unknown absence of a spouse or prison term;
• receipt of payment of state duty.

Go to court

Dissolution of family legal relations in the presence of children or disagreements about divorce can only be done in court.

The start of such a process is carried out by filing a statement of claim, the requirements for the execution of which are regulated by Article 131 of the Code of Civil Procedure of the Russian Federation.

It should be noted that even if there is mutual consent, two parties will still participate in the process, namely the plaintiff and the defendant. That is, the spouse who files the claim first will be the plaintiff, but the other party will naturally be the defendant.

If one of them lives in another city, then he will either have to come to the court hearing or:

• The plaintiff must file a motion to consider the claim without his participation;
• The defendant should send a response to the claim, reflecting his attitude towards it (whether he agrees or not) and ask the court to consider the case without his presence.

Also, when filling out an application, parties to family legal relations should take into account jurisdiction. That is, in most cases, a claim can only be filed in a court located in the city where the same husband lives.

If the ex-wife provides evidence that she is unable to visit another locality due to deteriorating health or caring for small children, the divorce process will be carried out at her place of residence.

File a claim

In a claim for divorce from a spouse living in another city, you must provide all the same information as in a regular claim for divorce.

Read also: Divorce without children: through the registry office, through the court, without property

However, the content of the application may vary slightly depending on which spouse lives in another city.

• If the plaintiff files a claim from another city at the defendant’s place of residence, then in the claim it is important to indicate the impossibility of coming to court or to file a petition to consider it without one’s participation;
• If the claim is filed at the place of residence of the plaintiff, and the defendant lives in another city, then the claim can simply indicate this. And the defendant will have to justify the impossibility of his presence in court.

The claim is signed by the plaintiff and all necessary copies of documents are attached to it.

Attach documents

By virtue of Article 132 of the Civil Code of the Russian Federation, the statement of claim must necessarily contain attachments in the form of a mandatory package of documents provided for each individual case. In particular, upon divorce it is necessary to submit:

• the claim itself in several copies equal to the number of participants in the process;
• copies of the spouses' identity cards;
• Marriage certificate;
• data on the birth of common children;
• information about the reason that led to the divorce, for example, a medical report about the beatings received and a report from the district police officer, or a certificate from a narcologist about one of the spouses being registered as an alcoholic;
• receipt of payment of duty.

State duty

Almost all legally significant actions formalized through government agencies involve the payment of a state fee.

Divorce is no exception. In particular, under Article 333.19 of the Tax Code of the Russian Federation, the duty is paid in the following amount:

• 600 rubles upon termination of family legal relations in court;
• 650 rubles when filing a divorce through the registry office;
• 350 rubles, if an application for termination of family relations is submitted to the registry office by only one of the spouses on the grounds specified in Art. 19 RF IC.

Divorce terms

Termination of family relations occurs in the presence of one or both spouses at the end of the month from the date of filing the application. But filing a divorce in court, especially when one of the spouses is from another city, may take longer.

• If the couple has no disagreements regarding child custody or division of property, a court decision on divorce will be made after 30 days from the date of registration of the claim.
• If the divorce is initiated by only one party, and without the consent of the other, within the framework of Article 22 of the RF IC, the court may at the initial stage make a decision to give the couple time for reconciliation within three months, after which the divorce will be formalized.

Any decision must necessarily enter into legal force, for which an additional 30 days are given.

You can consult with our lawyers right now and completely free of charge if you still have any questions regarding divorce in another city.

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Source: http://allo-urist.com/kak-poluchit-razvod-v-drugom-gorode/

How to get a divorce in a city other than the one in which the marriage was registered

Situations in the life of each family can develop differently, and one day it is quite possible to face the problem of divorce. In this case, the decision to dissolve the marriage can come from any spouse.

In order to get a divorce, it is not at all necessary to go to the place where the marriage was originally formalized: after all, it is not always the family (or just one person) who lives in the same place where the marriage took place.

Divorce (or dissolution of marriage) occurs at the place of residence of the spouses, or the place of registration of their marriage (this is established by the Family Code, the Law “On Civil Status Acts”).

It happens, however, that the location of one of the spouses is unknown to the person who decided to divorce, or the possibility of traveling to another city is associated with certain difficulties: health, the presence of children, etc. The law allows you to file a divorce at the place of residence of one person.

See also: unilateral divorce.

Divorce in another city - through the registry office or through the court?

There are only two ways to divorce a marriage: administratively (through the registry office), or in court.

The registry office dissolves marriages in the following cases (Article 19 of the RF IC):

• no common minor children;
• mutual agreement of the parties has been reached;
• In a number of special cases (the spouse has been sentenced to a term of over 3 years, is incompetent, or has disappeared).

You will have to get a divorce in court if:

The nuances of divorce in another city

The procedure for dissolving a marriage not at the place of registration has some nuances, which are useful to know in order to carry out a divorce without unnecessary delays. Usually there is a need to answer a number of questions.

What is needed for this

To dissolve a marriage, either mutual desire or the decision of one of the spouses is necessary. Documents are submitted either to the registry office or to a court (usually a magistrates' court).

For an administrative divorce in another city, an application is submitted at the place of residence of one of the spouses.

In court, termination is carried out at the request of an interested party. According to the rules of the Code of Civil Procedure of the Russian Federation (Article 29 of the Code of Civil Procedure), the plaintiff can apply either to the court at the place of residence of the defendant or at his place of residence (but his application must be supported by reasons - children, health, financial situation does not allow travel, etc.).

What documents will be required

For divorce in the registry office the following documents are required:

• a statement drawn up by the spouses;
• notarized consent to the divorce of the spouse who cannot be present at the divorce;
• a copy of the marriage certificate, a receipt for payment of the state duty.

Original documents (certificates, passports) are presented when submitting and when performing registration actions.

To obtain a divorce in court, you should file a statement of claim and collect a wider set of documents:

• plaintiff's passport;
• information about the defendant (place of residence, full name, etc.);
• Marriage certificate;
• children's birth certificates (or their passports);
• certificate from the plaintiff’s place of residence (and the child’s place of residence);
• receipt of state duty;

Depending on the issues resolved by the court, certificates of salary, availability of property and other documents may be needed.

A civil marriage is not dissolved ; issues of division of property are resolved not according to the norms of the Family Code, but according to the Civil Code of the Russian Federation.

If the spouse is foreign

• If the nonresident spouse does not consent to the divorce, most likely the issue will be resolved through the court.
• Here's a great video on this topic:

If there is consent of the second spouse

If there is the consent of the spouse (certified by a notary), he may not be present during the divorce at the registry office . The procedure will not take more than one month. If you agree to a divorce in court, the court will not investigate the reasons for the divorce, and it will go through faster.

If one or both spouses do not have residence permit or registration

A divorce can also be obtained at the place of temporary registration of one of the spouses. Employees of the civil registry office will make a corresponding request and formalize the divorce.

Even if neither the husband nor the wife has temporary registration, then you need to get it.

If there is a child

A common minor child is the reason why you will have to get a divorce in court. If the child is over 18 years old, you can get a divorce at the registry office. Otherwise, the rules are the same as for a divorce without children. Just don't forget your child's birth certificate.

We are getting divorced in the same city, but through a different registry office

Such a divorce is possible in your own city, but to shorten the entire procedure (saving time on requests, etc.), it is still recommended to write an application in the registry office department where the marriage was registered.

How to get a divorce certificate while in another city

Until a divorce certificate is received, neither ex-spouses has the right to remarry. Therefore, even after a court decision on divorce, it is necessary to obtain such a certificate from the registry office.

The certificate is issued in the presence of at least one of the divorcees . A request for a certificate can be obtained by sending a request through the government services website or by registered mail.

Thus, if one or both spouses does not have the opportunity to have a divorce in the city where it was registered, the law makes it possible (subject to certain conditions) to do this without leaving the place of residence.

Source: http://razvodconsult.ru/oformlenie/kak-razvestis-v-drugom-gorode.html

Is it possible and how to file for divorce in another city without registration, how to divorce your wife if she lives in another city

Home / Divorces / How to file a divorce if spouses live in different cities

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It happens that a wife and husband live in different cities and subsequently decide to divorce.

Is it necessary for spouses to travel together to the locality where the marriage was registered? The law says that it is not necessary: ​​the Family Code of the Russian Federation and the Federal Law “On Civil Status Acts” establish that a divorce can be effected both at the place of marriage and at the place of residence of the wife and/or husband. After all, sometimes a trip is impossible for various reasons: illness, presence of children, financial difficulties.

Divorce of spouses who live in different cities has a number of procedural features. In this article you will find detailed instructions on how to get a divorce at a distance, saving time, effort and money.

Is it possible to file for divorce in another city?

Question

Over the past few years, my wife and I have lived separately, in different cities: I live and work in Moscow, my wife lives with my parents in Samara.

When she informed me of her intention to divorce, I came to her to reconcile. The wife did not agree to save the family and insisted on a divorce.

Can we get a divorce in Samara if I am not registered here and live temporarily? We signed in Moscow.

Answer

Yes, the law does not prevent spouses from divorcing at the place of registration of one of them, and not just at the place of marriage. If the divorce occurs by mutual consent, you can go together to the registry office at your wife’s place of registration.

If you do not agree to divorce, your wife will have to file a lawsuit, but according to the rules of jurisdiction - not at her own place of residence, but at yours, as the defendant. Similarly, you, as a plaintiff, can file a claim for divorce at your wife’s place of residence.

More information about the procedure for divorce through the registry office or court if the spouse lives in another city is below.

Is it possible to get a divorce without registration?

Lack of registration in some cases can complicate the divorce procedure. But this circumstance cannot serve as an obstacle to divorce.

When spouses fill out any legally significant documents (divorce application to the registry office, statement of claim or counterclaim), you can indicate not only the registration address, but also the actual residential address.

In this case, the sending of summonses, letters and other notifications related to the divorce process will be carried out to the specified address.

The risk of non-receipt of correspondence and documentation is borne by those persons who indicated the postal address.

Where can I get a divorce?

The law provides two ways to dissolve a marriage:

Administrative through the civil registry office at the place of marriage, at the place of registration/residence of the wife and/or husband Judicial through the magistrate, district/city court at the place of registration/residence of the wife and/or husband

If there are no children

If there are no children in the family, the spouses can divorce through the registry office.

Administrative divorce has many advantages, including simplicity, a minimum of procedural delays, and short deadlines. But administrative divorce is possible only if the wife and husband agree to the divorce.

Read also: Increase in child care allowance: from 1.5 to 3 years and for a disabled child

If there are children

The presence of minor children in the family makes administrative divorce impossible. Spouses who have children will have to divorce in court. But if these children are from other marriages (not joint children) or adult children (over 18 years old), you can get a divorce through the registry office.

Which court should I file my divorce suit in?

• The magistrate's court considers claims for divorce if there are no disputes between the spouses and agreement has been reached on all issues arising from family relations.
• The district/city court considers divorce cases if disputes arise between husband and wife: about the expediency of divorce (the wife or husband does not consent to divorce), about maintenance, upbringing, choice of the future place of residence of children, about the division of jointly acquired material assets.

How to file for divorce at the registry office in another city

The most convenient, fastest and easiest method of divorce is administrative. It is also suitable for those spouses who live in different cities. But a logical question arises - which registry office should I submit documents to?

Family law suggests divorce in the registry office...

• at the place of marriage;
• at the place of residence/registration of the spouses.

Example

The Volkov couple decided to dissolve their marriage, which over the past few years has turned into an empty formality. They had no children and no valuable joint property. The Volkovs lived in different cities. It was decided to divorce at the place of residence of the wife.

Procedure

Even if husband and wife live separately, administrative divorce is a simple and quick procedure. The main thing is to strictly adhere to the procedure, correctly prepare and submit documents, and comply with procedural deadlines.

The procedure for the spouses is as follows:

• Preparation and submission to the registry office of a joint application (or two separate applications, the signature on which is notarized) for divorce;
• Payment of state duty;
• Visiting the civil registry office at the appointed time to participate in the divorce procedure;
• Obtaining a Divorce Certificate by the wife and husband.

Statement

As a general rule, a husband and wife who decide to divorce must prepare and submit a joint divorce petition to the registry office.

A joint application for divorce by spouses is a completed form No. 8 containing...

• information about spouses (full name, passport details, date of birth, place of residence, nationality),
• information about the surname that each of them intends to bear after the divorce;
• a request for divorce;
• signature;
• date of filing.

But it is clear that if the wife and husband live separately, then filing a joint application is impossible. In this case, it is possible to prepare and submit two separate applications filled out by each spouse, with signatures certified by a notary. Notarization of a signature is confirmation of the legality of a document in the event that the spouse cannot be personally present at its submission, sends it by mail or transfers it through the second spouse. Thus, divorce is possible without personal presence.

If the divorce occurs unilaterally, the spouse also independently submits an application to the registry office (form No. 9). In addition to general information, the application must indicate the basis for unilateral divorce, provided for in Article 19 of the RF IC.

Procedure

Thus, an administrative divorce is possible in the presence of only one spouse, if the second spouse lives in another city and cannot visit the registry office.

To do this, you need to prepare two separate applications, the signatures on which will be notarized. Both spouses must also pay the state fee.

One of the spouses will submit two applications, and he must also be present at the divorce procedure, which will take place 30 days after filing the application. He will receive a Divorce Certificate.

Divorce in the registry office in the absence of two spouses is impossible.

Unilateral divorce is also possible in the presence of one spouse, since the second spouse, for objective reasons, cannot take part in the divorce procedure.

Documentation

In addition to the application drawn up on standard form No. 8, the following documents must be submitted to the registry office:

• Copies of spouses' passports;
• A copy of the marriage certificate;
• Receipt for payment of state duty.

If the divorce occurs unilaterally, the listed documents must be accompanied by a court decision, which confirms one of the grounds permitted by law (according to Article 19 of the RF IC).

Deadlines

From the moment the application for divorce is submitted to the registry office until the receipt of the Divorce Certificate, 1 month . It is impossible to shorten this period. But the separation of spouses does not in any way affect the duration of the divorce procedure.

Price

The amount of the state fee that both spouses must pay for divorce is 650 rubles . A spouse who lives in another city and sends the application by mail will also need to pay for notary services (certification of the signature on the application) and postage.

The state fee for a unilateral divorce, if the spouse not only lives in another city, but, for example, is declared missing or sentenced to imprisonment, is 350 rubles .

How to get a divorce through a court in another city

Question

A year ago, my wife moved to another city, first on her own, then she took her child with her, citing better opportunities and living conditions. I cannot leave my native village because I am caring for my elderly parents. Obviously, divorce is inevitable. But how to divorce your wife if she lives in another city and has no intention of returning?

Answer

According to the provisions of family law and civil procedure law, the presence of two spouses is not necessary for the dissolution of a marriage. Divorce is also possible at a distance, but subject to the rules for filing a claim and following the procedure prescribed by law.

Jurisdiction

As a general rule (according to Article 28 of the Code of Civil Procedure of the Russian Federation), if the wife and husband do not live together, the claim must be filed in court at the place of residence of the defendant. But not always - there are exceptions to the rule.

A divorce case can be considered by the judicial authority at the place of residence of either spouse if they reach agreement on this matter. In addition, the law provides for cases (part 1 and part 4 of Art.

29 of the Code of Civil Procedure of the Russian Federation), in which the plaintiff is given the right to file a claim at his own place of residence:

• minor children live with him;
• His health condition does not allow him to travel to another locality to file a claim.

What should the plaintiff do if he does not know the defendant’s place of residence? Where to file a claim? In this case, the plaintiff can decide for himself where to file a claim for divorce - the law gives him the right to choose jurisdiction (Article 29 of the Code of Civil Procedure of the Russian Federation). This may be the judicial authority at the last known place of residence of the defendant or at the location of his property.

According to paragraph 2 of Art. 23 of the Code of Civil Procedure of the Russian Federation, the court of first instance will be the magistrate's court , if the divorce process is not burdened by a dispute about joint children or property worth more than 50,000 rubles. In other cases, according to Article 24 of the Code of Civil Procedure of the Russian Federation, the dissolution of a marriage and the resolution of related disputes occurs in a district court .

When dissolving a marriage, the court can simultaneously resolve additional issues (at the request of the parties): with which spouse the joint children will live, whether maintenance payments will be collected for children or a disabled husband/wife, and how the joint property of the spouses will be divided. The opportunity to resolve additional issues and resolve disputes arising from family relationships in one trial is provided for in Art. 21-24 of the RF IC, and does not depend on the place of divorce.

Procedure and procedure

Since we are talking about a lawsuit, it is assumed that one of the spouses is the plaintiff and the other is the defendant.

The procedure for the plaintiff spouse is as follows:

• Preparation of a statement of claim;
• Collection of documents attached to the claim;
• Payment of state duty;
• Submitting a claim to a judicial authority;
• Attending court hearings;
• Obtaining a court decision on divorce;
• State registration of divorce in the civil registry office;
• Obtaining a supporting document - Divorce Certificate.

If the plaintiff files a claim at the place of residence of the defendant spouse, and cannot take part in the trial, he should file a petition with the court to consider the case without his participation, attaching documentary evidence of the reasons to the claim, or send a representative by proxy.

What is the procedure for the respondent spouse ?

If he lives in another city, a notice of the date and place of the court hearing will be sent to him at the address indicated by the plaintiff. If the respondent spouse is unable or unwilling to participate in the divorce proceedings, he may...

• send a proxy to the court (with a notarized power of attorney to perform all procedural actions in court, in accordance with Articles 182, 185 of the Civil Code, Article 48 of the Civil Procedure Code);
• submit a written consent to the divorce or a petition to consider the case in his absence, attaching a document confirming the impossibility of attending court.

If the defendant wants to take part in court hearings, but cannot come for a good reason, he should file a petition to reschedule the court hearing to another time.

The absence of the defendant spouse at the court hearing without warning (subject to proper notification of the date and place of the hearing) will also serve as a reason for postponing the hearing, however, after three absences without good reason, the case is considered in the absence of the defendant spouse.

Thus, the residence of spouses in different cities is not an obstacle to divorce in court. It is quite possible to get a divorce from a distance.

Statement

A statement of claim for divorce between spouses living in different cities is drawn up according to the general rules, in accordance with Art. 131-132 Civil Procedure Code. The claim must contain basic information:

• Name of the judicial authority;
• Information about spouses (full name, place of residence/registration, contact details);
• Information about the wedding (date, place);
• Information about the presence of minor children or other reasons why the marriage cannot be dissolved administratively;
• Reasons for divorce and request for divorce;
• List of applications;
• Date of filing the claim;
• Signature.

Documentation

The judicial divorce procedure, compared to the administrative one, requires thorough preparation for collecting documents.

The following documents must be attached to the claim:

• payment document confirming payment of the state duty;
• passports of spouses;
• marriage certificate;
• birth certificates (passports) of children;
• a certificate of family composition at the plaintiff’s place of residence (for example, to confirm cohabitation with a minor child);
• documents on income (for example, if the claim contains a claim to recover payments for a child or a disabled spouse);
• documents on joint property (for example, if the claim contains a demand for its division);
• marital agreement on children, on the division of joint property, if it was concluded between spouses;
• other documents that confirm the circumstances specified in the claim (for example, a medical certificate of health, if due to illness the plaintiff cannot file a claim at the location of the defendant spouse).

Deadlines

The duration of the divorce process in court can take from 2 to 5 months .

It is difficult to predict the exact time frame for consideration of the case in advance - it all depends on circumstances such as the consent or disagreement of the spouses, the presence of children, additional disputes and claims requiring litigation, as well as residence in different cities and the difficulties arising from this circumstance. So, if one of the spouses does not come to the court hearing, or asks for a postponement for one reason or another, the trial is delayed. One way to avoid such delays is to file a petition to have the case heard without the presence of your wife or husband.

Price

• The state fee for filing a claim for divorce is 600 rubles.
• After a positive court decision is made, you will also need to carry out state registration of the divorce at the registry office - and each spouse will have to pay another 650 rubles for issuing a divorce certificate.
• It is possible that additional expenses may be required, for example, the services of a notary, legal counsel, postage for sending the claim and documents to the spouse’s place of residence.

Source: http://law-divorce.ru/kak-oformit-razvod-esli-suprugi-zhivut-v-raznyh-gorodah/