Interesting Facts 

How to quickly divorce your husband: minimum and maximum terms. How to divorce without the consent of your wife

It just so happens that in our country, almost a fifth of all marriages break up in the first three years of marriage. As a rule, during this period, spouses do not always have time to have children. Therefore, in most cases, an application is submitted to the registry office for divorce without children... But even in this case, when the spouses do not have any claims to each other, certain nuances are possible, which you need to know in order to divorce your wife competently.

It is necessary to muster the courage and in a tactful manner, calmly discuss everything that does not suit you, how long has it been happening, the prospects for further life together, as well as the opportunity to have time to start life from scratch.

You need to try to make the person agree with you. Then the divorce will happen by mutual consent, without unnecessary stress. It will also remain the opportunity to maintain good relations and seek help from each other in difficult moments of separate life.

How to divorce your spouse when there are no children, there is consent

The easiest way to divorce your wife is when the divorce occurs without children and without a property dispute. In this case, you will need the following:

  1. Personal presence of the spouses (or a notarized statement of one of them);
  2. Application of the established form in the registry office;
  3. Payment of state duty (in one payment).

A sample application (on the form - form 8) for divorce in the absence of children can be taken directly from the registry office.

This application must contain the following information:

  • the name of the registry office to which the application for divorce is filed;
  • the address where the applicant lives;
  • surname, name, patronymic of the spouses;
  • day, month, year of birth;
  • the citizen of which country the applicant is;
  • passport data;
  • details of the marriage certificate:
  • it is also necessary to enter the names that the spouses leave for themselves after the divorce.

Here you will need passports (basic data are taken from them in the process of filling out the application). The procedure for breaking off relations in this case will be completed in a month after the spouses have written and registered the corresponding application.

The legislator has set such a period in case the couple suddenly changes their minds and decides to withdraw their application. It should be remembered that during this entire period of time, a written document for divorce without children and property disputes should not change. Otherwise, you will simply be sent to court.

There is no consent and no children

In practice, it is not uncommon for a divorce to be necessary only for one of the spouses, and the other in every possible way prevents the registration of a divorce through the registry office without children. Here you will definitely have to go to court. Regarding the documents that will be required to start the procedure for registering a divorce without children and without consent, their duplicates can always be obtained from the authorities where the originals were issued. To initiate a divorce proceedings in court, you will need:

  • statement of claim - ;
  • receipts for payment of state fees.

The law provides for the possibility of considering the case without the presence of the plaintiff; for this, the corresponding desire must be reflected in the application. In this case, the judgment will be sent to the plaintiff by registered mail.

It is worth noting that the division of property can be the subject of a dispute, both during the divorce process and after its completion for three years.

Usually, a divorce through a court without children, if there is no property dispute, does not take much time - from a month to three. It all depends on the position of the other spouse. It is important to understand here that the divorce of spouses without children can be stretched out in time due to a court decision to give the spouses time to reconcile. The law gives up to three months for this.

If the second of the spouses completely ignores the court hearings, while being duly informed about them, unilateral divorce without children is possible after the third failure to appear at the scheduled hearing.

Features of a unilateral divorce

The legislation provides for cases when only one person can write an application for divorce without children. The sample application in this case must contain a reason indicating the legally stipulated right, namely:

  • the second of the married couple is incapacitated;
  • the spouse is in prison with a sentence of more than three years in prison;
  • the absent spouse is missing.

To file a divorce in the registry office without children, you need to provide a copy of the court decision with a note that itentered into forceand was not appealed. Then the state duty will have to be paid in a smaller amount. You can find out the specific amount for a specific date by reading the relevant provision of the Tax Code.

In the case of a unilateral divorce, an application form (form 9) is filled in, we will explain how to fill it out below:

  1. Indicate the full name of the registry office, to which the package of documents for divorce is sent;
  2. The content of the application must include information about the intention to dissolve the marriage with the spouse, and his (her) full surname, name, patronymic;
  3. Information about the spouses, as well as information about the last place of residence of the spouse, whose location is currently not known (in case he disappeared without a trace);
  4. The reasons for the divorce, on the basis of which the applicant applied, are indicated, as well as information on the court decision on recognizing the person as missing;
  5. Applicant's passport data;
  6. Details of the certificate of registration of a previously concluded marriage.

If the wife writes the application, then she must also fill out the box indicating the surname that will remain with her after the dissolution of the marriage.

In case of the spouse's incapacity, it is necessary to indicate the address and full name. guardian.

If the spouse is serving a sentence of imprisonment, the details of the institution are indicated. in which it is located.

There is a property dispute, but no children

If there are no children in the family, and the spouses decide to leave, but they have a property dispute, this can be done in two main ways. The first is to submit documents for divorce through the registry office, end the marriage, and then sue for the division of property. In this case, the legal dispute will be considered between two free citizens who are free to simultaneously equip their new family life.

But in most cases, when there is a dispute over property, a claim for divorce through a court without children is filed together with a claim for the division of property. Then the divorce procedure without children can be significantly delayed, and the spouses will formally be married all this time and bear mutual obligations. Therefore, it is more advisable to initially file an application for divorce in court, break off relations, and only then proceed to the carve-up of the acquired together.

Is it possible to simplify divorce, make it fast?

Of course, the procedure for divorce proceedings without children with mutual consent greatly simplifies the task of arranging and arranging future life. After all, you do not need to think about how to pay alimony, help a child in difficult times, or just be with your child.

You should strive to dissolve the relationship through the registry office, and not through the court, since the latter option is longer in time and is accompanied by negative emotions and stress. Moreover, the court usually holds a certain time for the spouses to make a final decision; finds out all the nuances of family life to confirm the impossibility of the further existence of the family.

To shorten the terms of the divorce proceedings in court, it is necessary to strive to come to a compromise, formalizing it in the form of an agreement with a notary, which will not allow one of the parties in court to abandon previously accepted agreements. On average, a divorce through a court takes at least 3-4 months.

It should be noted that the registry office can file a divorce without minor children, if there are still children in the family. In other words, if your children are over 18 years old, you also have the right to go to the registry office, submit an application and in a month receive a document confirming the break in relations.

For those who are afraid to get divorced because of child support, you should know another rule of the law, according to which you can arrange child support without divorce. So you cannot get away from the maintenance of your child, if the other of the spouses wishes.

When will a divorce be done as quickly and smoothly as possible?

1. The presence of mutual consent of the spouses to file for divorce;

2. If the spouses live separately for a long time and there is evidence of this;

3. the absence of children, or the age of children has exceeded 18 years;

4. Husband or wife is serving a sentence of imprisonment;

5. The court declared one of the spouses legally incompetent.

How much does a divorce cost in 2018?

The price varies depending on the city. in which a statement of claim is prepared and the status of a legal office. We suggest focusing on the following figures:

Preparation of a statement of claim with a package of documents - 5-7 thousand rubles;

Representation of interests and their defense at the court hearing - 10-15 thousand rubles;

Appealing a court decision - 5-7 thousand rubles.

Given the negative aftermath that remains after the decision to break off the relationship, it is advisable to initially find for yourself the best option for legalizing this process so as not to injure yourself and your ex-spouse. In life, everything happens, it is better to stay in distant, but good relations, because there is little how fate will turn in the future.

Better yet, hear each other's claims, try to both change and keep the family together!

Divorce is the end point in conflicting family relationships, the result of a misunderstanding of once close people. Once dear and desired, now they are completely alien and unloved, wanting one thing: to forget and break all relations with each other.

This usually applies to both spouses. But sometimes a woman is the initiator in such a process. Frequent betrayal of her husband, constant conflicts in everyday life, troubles, lack of money, formal marriage - this is not a complete list of the reasons that prompted her to do this. And the spouse is not ready, he does not want to get divorced, the existing situation suits him completely. How to get a divorce without the consent of her husband, what should she do in this case, and how to do it?

What to do in case of divorce in the registry office

Legally, the spouse has such a right. Moreover, she can dissolve the marriage regardless of whether she is in a position or has a newborn child in her arms.

You need to start with a statement, which is transmitted to the registry office located either in the place where the plaintiff lives, or where the marriage was previously registered.

It should provide the following information.

Information about yourself and your spouse:

  • Full name, when and where he was born, citizenship, where he lives (for the spouse - this is the last place, known place);
  • at the request of the plaintiff, you can add education, nationality, what kind of marriage it is (first or second) and the number of minor children, if any.

A court decision is attached to the application, where the spouse is recognized as incompetent, missing or sentenced to imprisonment for 3 or more years. You must present your passport or other identity document.

In such cases, the law authorized the registry office to divorce the spouses. They are given a month for the entire procedure from the moment of filing the application, and the registration itself must take place in the presence of the spouse.

How to deal with a divorce in court

In other circumstances, divorce without the consent of the husband occurs only in court. And it also begins with the filing of a statement of claim with the court.... It must describe in detail the factual circumstances that served as a catalyst for the divorce, and indicate the grounds for legally allowing the execution of this procedure. It should also be noted how the issues with children, property and alimony were resolved.

It is important to have a high-quality approach to its preparation. After all, the speed of the process and the quality of meeting the requirements put forward depend on this. Otherwise, the judge will not hear the case.

The present process is allowed to be carried out without the plaintiff and her representative, it is only necessary to leave a petition for this in the court.

Along with the application, other documents are completed, namely:

  • original marriage certificate;
  • copies of birth certificates of children, if any;
  • a receipt confirming payment of the state duty;
  • power of attorney, if the case in court on behalf of the plaintiff is handled by her representative.

This is a must-have list. If necessary, the court can expand it and ask to additionally submit other papers. In case of unresolved issues with the husband about alimony for common minor children and jointly acquired property, claims on these issues should be filed simultaneously with the statement of claim.

As a rule, documents are sent to the court at the husband's place of residence. However, in a number of cases, it is allowed to consider the case at the place of residence of the wife. This may be poor health and living with the plaintiff (wife) of children under 18 years of age. If the court considers that life together is unattainable in the future and it is not possible to keep the family together, then the marriage is terminated. But if there is even a small hope for a positive result, then the process is suspended and the couple is given 3 months for reconciliation.

But it doesn't end there

And only 3 days after the entry into force of the court decision, the extract for execution is sent to the registry office, where the marriage was previously registered or which is located in the place where the plaintiff lives. Here you can get your hands on a divorce certificate. Only in this case you need to write a statement and attach a copy of the court decision to it.

Now that's it, the process is over. Life is difficult. As bitter as it may sound, it is better to end an unsuccessful stage in life and start a new streak, even if the spouse opposes it. And in order to understand how to divorce your husband without his consent, you need to know the procedure. And then everything will work out!

Many women, in the heat of emotion, file for divorce and expect to be immediately divorced from their unloved husband, but this is not always the case. Having weighed everything and realizing his mistakes, the husband does not give a divorce, and the woman is forced to return to family bondage, because she does not know the laws and legal loopholes that would help to file for divorce without the consent of the spouse.

Is it possible to dissolve a marriage without the consent of the spouse?

A marriage can end for many reasons, all of which are detailed in the Family Code. You can file for divorce without the consent of the husband, and, by mutual desire, start the divorce proceedings. The application for divorce is considered in the magistrate court and in the district. In the magistrates' court, a couple without children can divorce, which decided to end the relationship. You can even file a divorce without the consent of one of the spouses, but for a divorce through the registry office without the knowledge of the husband, there must be good reasons:

  • he must be in prison;
  • missing;
  • mentally ill or physically incapacitated.

In other cases, if the wife does not grant a divorce, or the husband does not want to divorce, the issue is resolved in court. No matter how the husband interferes with the court hearings, if there are good reasons, you can quickly get a divorce through the court.

Some men believe that if they do not attend court sessions, that is, if he is not present in the courtroom, then the court will not take place, but this is not the case. By such actions, he only worsens his situation. According to the law, it is enough for him not to appear for three sessions and the marriage will be dissolved automatically.

For this reason, if one of the spouses does not agree to a divorce, then he must be present in the hall to prove his point of view and defend his interests. There are a number of situations when the really unwillingness of the husband, who clearly expressed his position, became the reason for refusing the divorce proceedings. The judge can also give the couple extra time to think so that they reconcile with each other.

What can a spouse do?


If the husband does not want to get divorced, most lawyers advise not to continue useless disputes with him that do not lead to anything, be sure to try to improve relations, that is, to convince the spouse that there is no point in further life together. You need to find a moment when your spouse will be in a good mood and let him know that both of you will be better off separately. If you have common children, then you will not interfere with their meetings. Of course, few men react to such a conversation calmly and go to whatever the wife says, so do not allow a scuffle, do not shout, and do not reproach him for something. After the divorce, you will have the opportunity to express everything that you think about it, but this will be later, now you need to avoid a divorce in court, and disperse in the world order.

Do not forget to prepare the necessary documents in advance, the marriage certificate is especially important, without it, you will not be able to start the process. Some men intentionally hide this document so that the wife cannot divorce him. There is also a way out of this situation, you simply go to the registry office with your passport, and write a statement about the loss of your marriage certificate. Two weeks later, you will be given a new one.

Divorce procedure

Divorce without the consent of one of the spouses consists of several stages, each of them is very important and requires appropriate preparation. If you are not knowledgeable about the laws and regulations, then it is better for you to hire a lawyer, he will tell you how to properly draw up a statement and how to behave in court. Even if the husband is against divorce, you need to file an application, if you are sure that his consent will not be there, go to court right away. Next, you need to pay a state fee, without it, the application will not be accepted. After the divorce, you can demand from your husband compensation for the money spent on paying the ship tax in the application.


Answering the question whether it is possible to divorce without the consent of the husband, I would like to note that at the stage of filing an application, the opinion of the spouses is little taken into account. Their wishes will be considered directly at the hearing. The application, if drawn up correctly, is considered after 30 days. Until that time, you can change your mind and take it, but the money paid for court services (state duty) will not be returned to you.

When the "ship's engine" is running, then you do not have to think about what to do if the wife does not give a divorce, or what to do if the husband does not give a divorce, the court will make a decision based on the laws in force. No one has the right to force a person to take certain actions, including living with a person he hates. Of course, there are reasons that can serve as a reason for refusing to dissolve a marriage. For example, some men ask if it is possible to divorce without the consent of the wife, if she is pregnant, the answer is “No”. The husband will receive a refusal in court, even for a year, after the child is born. Such a restriction applies exclusively to men, if a pregnant wife asks how to divorce without the consent of her husband, then the question is different. The court can satisfy her request in any case. If the wife does not want to get divorced, and at the same time the couple's child died less than a year ago, the court can also refuse the man to satisfy his claim.

After the court makes a decision, it comes into force after 10 days. During this time, the disgruntled spouse can appeal against him. If he does not, then the marriage certificate is withdrawn from the spouses, since it no longer exists, and a new document is issued - a divorce certificate. After a certain time in the registry book in the registry office, a corresponding entry is made and the spouses become strangers to each other.

After the termination of the marriage, any joint business can be terminated, there is no longer a need to run a joint household and even communicate. The answers to questions like whether it is possible to dismiss the ex-wife from their apartment become obvious.

List of documents required for divorce


A lot of little-informed people ask what documents are needed for a divorce without the consent of a spouse. The list of documents in this situation is not much different from the list of necessary papers for divorce with mutual consent. The divorce procedure is the same, it may differ in the number of sessions. To divorce your wife without her consent or dissolve the marriage if the husband does not agree, you need to collect a package of documents, which includes:

  • passport and its copies;
  • Marriage certificate;
  • birth certificate of children, if any;
  • receipt of payment of state duty.

If the dissolution of the marriage without the consent of the spouse occurs on the basis of imprisonment, a copy of the court decision on imprisonment is required. To get it, you need to apply to the court registry with a written statement. If you wish to divorce without the consent of your husband on the basis of his disappearance, you need proof that he has not lived at a certain address for more than a year and is on the wanted list. When discussing how to divorce your husband without his consent, if he is incompetent, it is imperative to mention the need to provide the court with evidence of his mental illness or a certificate from the hospital about his physical disability.

In order to carry out a divorce without the consent of the wife or husband, you can attach characteristics from neighbors, acquaintances and employees to the application. Sometimes it is these characteristics that give reason to believe that a husband or wife is aggressive towards a spouse and reconciliation with him, bears a danger to the second.

During their life together, a huge amount of mutual grievances accumulates between the spouses and sometimes it becomes simply unbearable, to carry their burden. Accordingly, one of the spouses claps, trust, and leaves. Not a single family is immune from such a situation, although each is special in its own way. Divorce is the logical end of such a relationship, if you can no longer endure humiliation and constant dirty linen, you should not expect that everything will change. Even if the spouse is against the official breakdown of relations, you can disperse through the courts, and this right, you are guaranteed by the law.

In the Russian Federation, in most cases, the consent of both parties is not required for a divorce (although in some cases it is necessary). If one of the spouses does not agree to divorce in the registry office, then the second can achieve his own (Article 21 of the Family Code (SK) of the Russian Federation), in the magistrate or district court, having previously prepared the necessary documents. If it is found that it is not possible to keep the family together, the court will decide in favor of the plaintiff.

An exception is the situation when the husband wishes or if their common child is under 1 year old.

It is a mistake to believe that the widespread “disagreement” explanation will suffice. Reasons supported by evidence that the court may consider valid will play a greater role than an unreasonable desire to break off relations at all costs.

Magistrate Court, District Court or Civil Registry Office - Where to Apply?

If one of the spouses intends to dissolve the marriage to the magistrate's court you should contact if you do not need to decide the question of who the children will stay with, and the jointly acquired property is not more expensive than fifty thousand rubles.

If these two conditions are not met, you must file for divorce. to the district court... This usually means the court at the place of residence of the defendant. But if for health reasons it is difficult for the plaintiff to travel to the defendant's place of residence or there is a minor with him, a claim can be brought to court at the plaintiff's place of residence (clause 4 of article 29 of the Civil Procedure Code (CPC) of the Russian Federation).

At the request of only one spouse, it is possible only in the following cases, established by paragraph 2 of Art. 19 IC RF:

  • the spouse is considered missing;
  • declared incompetent by the court;
  • deprived of liberty for a term of 3 years.

In this case, it does not matter if such couples have minor children.

What documents are needed for a divorce without the consent of a spouse?

Further, the court, in most cases, fixes a period for reconciliation of the spouses, which may be from one to three months... Also, one of the spouses can initiate several times for the court to postpone the proceedings, but the total period should also not exceed three months. It is possible to shorten the period of reconciliation if valid reasons are presented to the court.

If, after the expiration of the term, at least one spouse still requires a divorce, the marriage is dissolved. In the next three days, the extract from the court will be sent to the registry office.

In the absence of one of the parties at the hearing, the case can be considered without her, if she asks the court about it and indicates her position on the case. Or a new date is assigned. but if the defendant does not come three times Without good reason, the court dissolves the marriage automatically.

If both parties do not appear in court, the case is closed, and the marriage remains unbroken.

Obtaining a divorce certificate by court decision

With a power of attorney, a representative can draw up and file a statement of claim, present the necessary for divorce, and also participate in court sessions, if this is indicated in a separate paragraph. Also, the person acting in this role must have identity documents with him.

Legally capable persons endowed with such powers may act as representatives in court (Article 49 of the Code of Civil Procedure of the Russian Federation). In cases on this issue, judges, prosecutors and investigators cannot be representatives (Article 51 of the Code of Civil Procedure of the Russian Federation).

There can be many reasons why a family breaks up. And the simplest procedure for terminating family relations will be when two spouses want it. In those cases, when a divorce is desirable only for the wife, a number of nuances appear that you should be aware of in order to do everything correctly and as quickly as possible. There are two ways to divorce your husband without his consent - through the courts and through the registry office. However, in the second case, there are several conditions.

Legal requirements

Referring to the 21st article of the Family Code of the Russian Federation, you can find in it a mention of the impossibility of divorce without going to court. It also contains information that the spouse has the right to independently file an appropriate claim in one of the appropriate courts for this. Moreover, not only if the husband is against such an outcome of events, but also in a situation where, in principle, he agrees, but is not going to refer the application to the registry office.

According to Article 22 of the same Code, dissolution of a marriage by a court is possible if it is impossible to maintain normal relations between spouses. The same part of the document states that disagreement may become a reason to postpone the trial and appoint a three-month period within three months. But, if the spouses could not figure it out together, and one of them continues to insist on a divorce, the marriage is terminated.

Basic design methods

If the husband does not agree or has repeatedly violated his promises to divorce by mutual consent (that is, on a voluntary basis), the woman is required to perform the following sequence of actions:

  • in situations that allow a divorce without the consent of the spouse in the registry office, contact this organization. She is chosen by his wife's place of residence. In this case, it is required both to file an application for divorce at the registry office without a husband, and to present a court order confirming the right to unilateral dissolution of marriage;
  • in other situations - file an application with the court.

If all actions have been carried out in accordance with the requirements of the current legislation, the process of the official termination of family relations begins. His development can no longer be influenced by a husband who does not agree with the divorce. And only a court guided by the law, presented documents and evidence can create obstacles on the way to dissolving the marriage.

Divorce in the registry office

In most cases, the wife does not have the right to an official divorce through the registry office if the spouse does not agree to it. At the same time, according to the law, it is allowed to divorce a woman, despite the objection of a man, in such situations:

  • the husband is in a correctional institution (prison) and the remaining term is more than 3 years;
  • the spouse is declared legally incompetent;
  • the man is considered missing.

All three circumstances must be formalized by a court decision. The document must enter into force and must be submitted to the registry office along with a statement of claim and a receipt for payment for public services. In this case, the state duty for divorce is determined by the Tax Code of the Russian Federation (article 333.26, paragraph 2) and amounts to 650 rubles. from each of the divorcing spouses. Moreover, the amount that the public service will cost will not change, even if the claim was filed online on the appropriate resource.

The time frame during which a woman must obtain a divorce certificate does not exceed 1 month. The spouse who is in prison is notified of the submitted application for choosing a surname, which he can leave after marriage. In other cases, it is not required to notify the husbands about the divorce.

Divorce in court

Another, second, way to divorce is suitable for wives whose spouses do not give permission, remain fully competent and do not remain in places of imprisonment. It consists in filing a claim with the court - such an appeal cannot have any statute of limitations or other restrictions. In this case, a mutual agreement between the spouses on the termination of family relations is not required either - the woman independently decides to file a claim for divorce in one of the courts.

The magistrate court is required to appeal if:

  • there are common children (child) whose age does not exceed 18 years;
  • a husband who disagrees with his wife's decision to disperse officially (even if the child is already an adult or there are no children at all);
  • in the statement of claim there is a clause according to which property will be divided, the value of which does not exceed 50,000 rubles.

In the district courts of the city in which the wife lives, it is possible to file a claim in cases where there is no agreement between the spouses on the issue of where the minor child (children) will live. They apply to the same authority if the assessed value of the property exceeds 50,000 rubles.

Spouse's actions

To obtain a court decision from a woman, it is required:

  • Prepare all documents;
  • Pay the fee. In 2018, it is 600 rubles. when filing an application and another 1,300 (650 from each) for the registration of a divorce, which is still performed through the registry office;
  • Draw up a claim in accordance with all legal requirements;
  • Submit a document to the court - in person or by mail;
  • Wait for the court decision and, if it is positive, present it to the registry office.

If it is impossible or unwilling to be present in person at the hearings, the wife has the right to appoint a representative. Or submit a motion to consider the case in the absence of the applicant. And in order to guarantee a positive outcome of the case and avoid problems related to the procedure for considering the claim, it is worth consulting a lawyer first.

Drafting a claim

Before applying for divorce in court without a husband, you should familiarize yourself with the requirements for this document. After all, if you just take a sample and fill it out, you can miss some important points. The application is made in the following form:

  • In the first part, indicate the name of the court and data on the divorcing spouses (surname, name, patronymic, date of birth and place of residence);
  • In the second, descriptive part, you should provide information about the place and time of the marriage, about the circumstances that led to its completion (the reason must be valid), and the arguments that the plaintiff brings to the court;
  • In the last part, the lawsuit contains a request to dissolve the marriage and fulfill the remaining requirements (divide the property, appoint alimony).

If the spouses have common children, the lawsuit also stipulates the procedure for determining their place of residence, upbringing and maintenance. Although, if the defendant disagrees with the decision made, he has the right to challenge the document. And the court session will take place, taking into account the interests of the child (children).

When going to court, you should know what documents are needed for a divorce without the consent of the spouse, except for the claim itself:

  • First of all, a copy of the passport and application (for the husband);
  • Originals of the receipt confirming the payment of the duty, and certificates of income (when solving issues with the maintenance of children);
  • Copies of certificates of marriage and birth of children.

Having submitted a package of documents, a woman receives a notification form about the date of the court session. Although during the trial, her presence is not required. The request for this must be indicated in the application so that the claim can still be considered by the court.

Procedure and terms

A court session may be held in the absence of both parties. In order to get divorced without the consent of the spouse, his participation is not required. Although, according to the law, a man must still be sent a notification indicating the time and place of the process. And, if he did not appear, the court decision is made in absentia, after which a new document is sent to the husband - already with a decision.

There are three possible scenarios for the development of events:

  • the court satisfies the civil claim and divorces the spouses;
  • the plaintiff is given a refusal to satisfy the claim (from the side of the wife, a complaint can then be filed);
  • the consideration of the case is postponed in order for the husband and wife to make peace with each other. If after 3 months no agreement has been reached between the parties, and one of them (or both) insist on divorce, the court satisfies the claimant's claim.

3 days after the decision is made, the document is issued to the woman. And already she independently applies to the registry office - either to the one where the marriage record was made, or to the authority located at the place of registration of the plaintiff. Having presented a judicial act, the wife receives a certificate officially confirming her divorce.

A divorce does not take too long without the consent of one of the spouses - this procedure can take up to 3-4 months. And the court's decision takes effect only 30 days after it was issued. If the meeting took place in the absence of the husband, a period for canceling the act by the absent party is added to this period. In cases where documents can be submitted to the registry office, the time for consideration of the case does not exceed a month.

Possible problems

When applying, a woman should be aware of the following types of problems that she may face:

  • unilateral rupture of marriage relations is often complicated by disputes over alimony and division of property;
  • if the spouse is a foreigner who does not agree with the dissolution of the marriage, it may be necessary to apply to the representative office of another state with a statement. In addition, a marriage entered into in the Russian Federation is considered completed after the corresponding decision is made by a Russian court. For relationships formalized abroad, recognition and registration of a divorce in another country will be required;
  • the presence of opposition from the husband can lead to a delay in the process.