Incidents 

Grounds and procedure for dissolution of marriage. Dissolution of marriage in court at the request of one spouse. Recognition of the spouse as incompetent


Divorce through the registry office has many advantages: ease of preparing an application and a minimum package of documents for a divorce, low cost and no additional costs, short processing times for an application and a quick divorce.

In addition, the divorce procedure in the registry office does not involve clarifying the circumstances of a failed family life and the reasons for the breakdown of relationships, does not require the presentation of evidence and listening to the testimony of the parties and witnesses, the collection of numerous certificates and the filing of petitions. How does a divorce happen in the registry office? Simple, fast and efficient.

Conditions for dissolution of marriage in the registry office

However, not every marriage can be dissolved in a simplified and expedited manner. Only spouses who have come to a mutual agreement on divorce and do not have common children of minor age have the right to divorce through the registry office.

Thus, in order to peacefully, simply and through the registry office, a combination of two mandatory conditions is necessary:

1) Consent of the spouses.

The first prerequisite for a divorce through the registry office is the mutual consent of the spouses. If the husband or wife does not consent to the divorce, the divorce procedure will not take place. After all, divorce, just like getting married, is possible only voluntarily. The absence of the need to resolve disputes, sort things out, make mutual claims and expose the intimate aspects of your life to outsiders is an important condition for filing a divorce in the registry office.

The consent of the spouses is expressed in a joint application, which they submit to the registry office.

Why is spousal consent required?

For many spouses, this norm of family law causes bewilderment and indignation. Why is it possible to get a divorce through the registry office only by mutual consent? Why does the other spouse have to go to court because of the disagreement of one of the spouses? After all, the court, like the registry office, does not refuse anyone and dissolves marriages at the request of the spouse, even if the second spouse does not agree. What then is the meaning of this condition?

The meaning of this condition lies somewhere in the remnants of Soviet legislation and the justice system, in particular, in family matters. Once upon a time, the great mission was assigned to the court - to contribute to the preservation of families. The extent to which the court coped with its mission is unknown, since there is no statistics on the number of families saved from divorce thanks to the trial.

Today, as before, the same mission is entrusted to the court. Therefore, the judges formally set a period for reconciliation between the spouses, and with a clear conscience divorce the spouses who failed to reconcile.

The question remains open - will the state really not find another way to save families, except for the judicial divorce process? And isn't it worth saving the spouses from the long and troublesome divorce process if it is no longer possible to save the family?

2) Absence of common minor children.

If the spouses have common minor children, a divorce can only be in court.

If the spouses have their own, not common children (for example, those born in another marriage and not adopted by the second spouse) or adult children (who have reached the age of 18 or have received full legal capacity), divorce proceedings in the registry office are also possible.

What children are considered common?

At first glance, this question seems simple and straightforward. A common child is a child who descended from both spouses by blood. If a child is descended by blood from only one spouse, he is not considered common. For example, if a wife has a minor child from a previous marriage, it is not considered common and the marriage can be dissolved through the registry office.

But it happens that one of the spouses adopts / adopts the child of the spouse. In this case, the child becomes common (not by blood, but by documents), so divorce is possible only through the courts. In the same way, through the court, a divorce will occur if both spouses have adopted / adopted a child.

Which children are considered minors?

Another simple question. Everyone knows that adulthood comes at the moment of reaching 18 years. But, it turns out, not only at this moment.

There is a concept of emancipation. This is the right of a child who is 16 years old to acquire full legal capacity - to acquire the rights and obligations of an 18-year-old citizen. Emancipation is possible under certain conditions: marriage and the birth of a child, work under an employment contract or doing business.

So, if the parents have such a minor (under 18), but an emancipated child, they can bypass the court and get a divorce through the registry office.

Divorce through the registry office and controversial issues

For divorce through the registry office, it does not matter whether or not there are disputes about jointly acquired property, about the maintenance of a disabled spouse. To resolve disputes, spouses need to go to court.

Special cases of divorce in the registry office

In addition to the considered variant of the development of events, which implies the mutual consent of the husband and wife to divorce in the absence of children, the law provides for other options. So, you can get a divorce through the registry office without the consent of one of the spouses and regardless of the presence of children in the following cases:

  1. Court-established incapacity of one of the spouses. His inability to give an adequate assessment of the circumstances and make informed decisions is the basis for a unilateral divorce initiative by the second spouse;
  2. Declaring a spouse dead or missing. The inability to obtain consent from the spouse for divorce due to the lack of data on the place of his stay is also the basis for unilateral dissolution of marriage;
  3. Criminal liability in the form of imprisonment for a term of at least 3 years. The fact of the real term of the spouse's conviction is the basis for divorce without his consent.

How to get a divorce through the registry office?

So, your family circumstances meet the conditions required by law for filing a divorce through the registry office. Mutual consent - yes, common minor children - no. In order to carry out the plan and receive official confirmation of the actual breakup of the family, it is necessary to go through the standard divorce procedure through the registry office, which consists of several stages:

  • drawing up (according to the form No. 8, 9, 10);
  • payment of the state duty according to the details of the registry office;
  • feed ;
  • visit to the registry office to register the dissolution of marriage - 30 days after the application is submitted;
  • receipt by each of the spouses of a certificate of divorce.

Let's consider each of these stages in more detail.

Application for divorce and other documents

Spouses who have reached mutual agreement on the termination of family relations must draft and file a divorce petition together. The law provides for the possibility of compiling and submitting separate applications by each of the spouses, as well as submitting an application by only one spouse, subject to the presence of a notarized signature of the second spouse.

An application for divorce is drawn up in the form prescribed by law (No. 8, 9 or 10) indicating all the necessary data. Documents established by law are attached to the application for divorce, one of which is a receipt for payment of state duty.

In which registry office can you apply for a divorce

Spouses (husbands) can apply for divorce:

  • in the registry office (at the place of registration of marriage, at the place of registration of both spouses or any of them);
  • through the portal of public services;
  • to the multifunctional center of public services (MFC - operate under the My Documents brand).

Terms of divorce through the registry office

Compared to the duration of the trial, burdened by clarifying the circumstances and reasons, filing applications and petitions, resolving disputes, considering appeals, the divorce procedure through the registry office is carried out in record time.

So how long does the divorce procedure through the registry office take? Exactly 30 days. This period cannot be shortened or extended. The beginning of its calculation is the day after the filing of a joint or unilateral application for divorce, the end is the day the act of divorce is registered.

This month period is given to the spouses to think about the possibility of reconciliation and the preservation of the family. Indeed, in marital relations, situations often arise when, under the influence of negative emotions (resentment, irritation, anger), a spontaneous and not always justified decision is made to leave. Within a month, the spouses can change their mind about divorcing and withdraw their application. Unfortunately, this rarely happens in practice.

Note! The procedure for divorce through the registry office is regulated by Article 19 of the Family Code and Chapter IV of the Law "On acts of civil status".

In these legislative acts you will find the rules for divorce through the registry office, including the requirements for the form and content of an application for divorce, the procedure for submitting it to the registry office, and, directly, the divorce procedure.

Unlike the judiciary, the registry office does not clarify the motives and reasons for divorce, and no measures are taken to reconcile the spouses.

The procedure for dissolution of marriage is quite formal and includes the following steps:

  • making an appropriate entry in the register of acts of civil status;
  • issuance of a certificate of divorce to each of the spouses;
  • a mark on the dissolution of marriage in the passports of the spouses.

Divorce Registration

On the day the application for divorce is filed, the registry office staff sets the date for the registration of the divorce. The place of registration of the divorce will be the registry office ...

  • at the place of registration of marriage;
  • at the place of residence of both spouses or one of them.

If an application for divorce is filed unilaterally with an incompetent or imprisoned spouse, the registry office must notify the imprisoned spouse or guardian of the incapacitated spouse within 1 month. If the incapacitated spouse does not have a guardian, the registry office must notify the guardianship and guardianship authority. In addition to notification of the received application for divorce, the registry office asks for a response indicating the surname that the spouse will bear after the divorce.

On the specified day of registration of a divorce, at least one of the spouses (or a representative of the spouse by proxy) must appear at the registry office to participate in the divorce registration procedure.

If both spouses cannot appear on the appointed day for valid reasons, the procedure may be rescheduled. The absence of both spouses makes the dissolution of the marriage impossible, and the filed divorce application is rejected. After that, you can file a new divorce application - at least the next day.

Certificate

A divorce certificate is the main document certifying the fact of the dissolution of a marriage between spouses. After the divorce is registered, each of the spouses receives their own copy of the certificate.

The divorce certificate must contain the following information:

  • FULL NAME. spouses before and after divorce;
  • Passport data of the former spouses;
  • Date of termination of marriage;
  • Divorce entry date, entry number;
  • Place of registration of divorce;
  • Date of issue of the certificate of divorce;
  • FULL NAME. persons who received a divorce certificate.

How much does a divorce through the registry office cost?

If we talk about the financial side of the divorce process through the registry office, then, most likely, the total amount of expenses of the spouses for filing a divorce will not exceed the amount of the state fee.

So how much will a divorce in the registry office cost the spouses?

The amount and features of payment of the state fee are provided for in the Tax Code of the Russian Federation (Chapter 25.3). From January 1, 2015, changes regarding the amount of the state fee came into force, according to which the following amounts are payable:

  1. When spouses jointly file an application for divorce at the registry office, each of them pays 650 rubles of state duty;
  2. The same amount - 650 rubles of state duty - is paid by each spouse for making changes to the civil status register on the basis of a court decision on the dissolution of their marriage;
  3. In case of unilateral filing of an application for divorce (in cases where the spouse is declared incompetent, dead or missing, convicted to serve a prison sentence), the initiator of the divorce pays a state fee in the amount of 350 rubles.

Payment of the state fee is carried out at the bank, strictly according to the details of the registry office. The original receipt of payment of the state fee must be attached to the divorce application when submitting documents.

Results: how the divorce process works through the registry office

So, the right to divorce through the registry office is granted ...

  1. Married couples who have agreed to end family life if they do not have minor children.
  2. Spouses unilaterally, regardless of the consent of the second spouse, if he is recognized by the court ...
  • incompetent;
  • missing or dead;
  • sentenced to serving a sentence of imprisonment for 3 years or more for committing a crime.

Since marriages are dissolved through the registry office only in indisputable cases (either by the consent of the married couple, or on the grounds provided for in Article 19 of the Civil Code of the Russian Federation), state intervention in family relations is minimal, the divorce process is a formal procedure.

  • First stage - application by a married couple or by one of the spouses on whose initiative the dissolution of the marriage takes place. The application can be prepared in advance, or you can fill out the forms on the spot. All necessary documents (passport, marriage certificate, in some cases - a court decision or sentence on the basis of which the divorce takes place) must be carried with you.
  • The second stage is directly divorce procedure which occurs 30 days after the application is submitted. At the appointed time, a married couple (or one spouse) must appear at the registry office. An employee of the registry office enters information about the dissolution of marriage in the civil registration books, makes notes on the dissolution of the marriage in passports, and issues a certificate of divorce to the spouses. There is no need to prepare a "solemn speech" - you do not have to testify, argue, explain the reasons and motives for divorce, invite witnesses. You do not have to provide additional documents (in addition to those listed above). These are the advantages of dissolution of marriage in the registry office.

If, for a good reason, the appearance of a married couple (or at least one spouse) on the appointed day is impossible, the procedure may be postponed. If the spouses did not appear without a valid reason, the submitted application is canceled, the divorce procedure is not carried out (the paid state fee is not returned), which, however, does not prevent the re-submission of the application.

Often, divorce is not carried out at the mutual desire of the spouses, but at the initiative of only one of them.

However, not everyone knows how to get a divorce through the registry office unilaterally.

We implement this process throughout Russia, as well as through the courts. The features of each of the methods are due to the reasons for the divorce and other important nuances of the case.

How to file for divorce unilaterally? Such a procedure is feasible in the Russian Federation. It takes place in accordance with the Family Code of the Russian Federation and may take place in exceptional cases.

However, there is such an opportunity, since every person has the right to personal freedom, to express his own will, regardless of the desire or ability of the second spouse.

In addition, depending on the characteristics of a particular situation, divorce can be:

  • on a regular basis through the registry office;
  • judicially.

The method does not depend on the desire of the parties, but on each individual case and its features.

Conditions for divorce

Marriage is not terminated in the standard case unilaterally. This requires the consent, desire and presence of both spouses. However, if at least one of the conditions cannot be met, a unilateral divorce of persons is applied.

The reason for filing an application for termination of marriage unilaterally may be:

  • the unwillingness of the second spouse to support the decision of the first to divorce;
  • the impossibility of his presence at the trial.

If you dwell on each of the points in detail, then the spouse’s unwillingness to divorce can have many reasons and grounds.

However, his absence in the divorce process is based on a number of circumstances:

  • the absence of the second spouse due to his recognition as missing, this is definitely the basis for a unilateral divorce;
  • imprisonment in places of deprivation of liberty;
  • incapacity of the second spouse.

Divorce through the registry office

Divorce through the registry office is realized only when both spouses are present and give confirmation of such a procedure. However, for a unilateral divorce through the registry office, there is also a legal basis established by law - the impossibility of the presence or confirmation of the second spouse.

Just this is the case when the second spouse is recognized as missing, incompetent or imprisoned.

If the divorce is carried out for reasons of death, absence of the missing spouse or his incapacity, additional papers are required to confirm this.

Divorce through court

All other cases in which the spouse does not want or cannot be present at the divorce are considered in court. The process begins with filing a claim, and in case of non-appearance of the other party, it can be repeated three times.

In the process of considering the case, the court finds out all the circumstances and can make one of three decisions:

  1. satisfy the requirements of the interested person;
  2. leave them unsatisfied;
  3. to postpone consideration of the case if it is possible to resolve the conflict.

Statement

How to apply for a divorce unilaterally? An application for the termination of a marriage at the request of only one of the spouses is filled in in accordance with the rules established by law.

They provide for the inclusion of three parts in the application:

  1. formal;
  2. descriptive;
  3. final.

The first must include:

  • indication of the name of the court;
  • claimant information.

The second part includes without fail:

  • data on marriage registration;
  • data on the presence of minor children in the family, their age, place of residence, etc.;
  • reasons and motives for the desire to dissolve the marriage. If the decision is final, then it is better to immediately indicate that reconciliation and further life together is unacceptable and under no circumstances possible;
  • information about the position of the second spouse.

The final part consists of the following points:

  • a description of the legal norms on which the plaintiff relies in his arguments;
  • the claims for which the claim was filed. For example, divorce.

Required documents

The package of papers required for a unilateral divorce may be different. It depends on the reason for the divorce and the specifics of the process. The list usually includes:

  • application from the person concerned for the dissolution of the marriage. It is served in 3 copies;
  • a receipt confirming that the state duty has been paid;
  • marriage certificate;
  • birth certificates of all children under 14;
  • certificate from the place of registration of the second spouse.

Where to apply?

If the reasons and motives for a divorce unilaterally allow it to be implemented through the registry office, then the papers should be submitted there. Otherwise, you need to go to court.

The claim is filed with the courts traditionally at the place of residence of the defendant.

The situation can be complicated due to the large distances between the plaintiff and the defendant.

You can file a lawsuit for the termination of a marriage unilaterally at your own registration address if the plaintiff is ill or the defendant is declared missing or dead.

If there is no dispute about the future place of residence and the procedure for raising children between the parties, then the claim is considered by the Magistrate's Court.

If there are property disputes in the amount of more than 50 thousand rubles. or a dispute about children, then the case falls within the competence of the city court.

Divorce term

The period from the start of the divorce proceedings to the final dissolution of the marriage may vary. It directly depends on the characteristics of the case and the condition of the participants.

If both spouses have mutually decided to divorce and have given their consent to this, then the marriage is dissolved in less than an hour. If the divorce is carried out unilaterally, then the term also depends on the reason and features of the beginning of the case.

In other cases, the participants in the process are given a period to resolve the conflict and search for possible options for resolving disagreements.

The court has the right to set a period of up to three months if it considers that the parties can reach a consensus.

When is it not possible to get a divorce unilaterally?

It is the right of women to initiate divorce proceedings at any time.

However, the situation is different for men, namely:

  • the spouse is not entitled to start the divorce process if the wife is pregnant;
  • the same rule applies if the child in marriage is less than 1 year old.

In modern society, many families break up over time.

And there is no escape from this phenomenon. After all, there are many prerequisites for this.

At the same time, today there are several options, which we will consider below.

Today you can find a great variety. This is the extinction of mutual feelings, and the emergence of a new love.

In addition, over time, psychological incompatibility may appear in two people living under the same roof.

However, there may be other reasons for ending a relationship.

These include the abuse of one of the spouses of bad habits or the manifestation of various types of violence on his part. Often people get divorced as a result of a state of health. In a word, if you want to end marital relations, then you can always find a reason for this.

Currently, there are two ways for spouses to file a divorce: either through a court decision. As a rule, in the registry office, the termination of a marriage is formalized when both people do not mind getting a divorce, and at the same time they do not. However, in some cases, in this way, you can end the relationship and at the initiative of only one half of the family.

Divorce in the registry office at the request of one of the spouses

  • establishing in court the fact of incapacity of the second spouse;
  • recognition, also by court, of the husband (wife) missing;
  • a court conviction that has entered into force, according to which the other spouse will have to serve a sentence of imprisonment for 3 years or more for committing a crime.

Then you can get a divorce, regardless of the presence of common small children in the family and. In all situations described, the application for divorce is signed by only one spouse. Its form is contained in the text of Decree of the Government of the Russian Federation No. 1274 dated 10/31/1998. You can also fill out an application both at the registry office that registered the marriage, and at the institution at the place of your own residence.

A copy of the relevant court verdict on the second spouse must be attached to it. In addition, one should not forget that such a divorce procedure requires the payment of a state fee. In accordance with article 333.26 of the Tax Code of the Russian Federation, its size today is 350 rubles.

After submitting an application, you need to wait about a month. After that, the spouse who initiated the divorce process will be issued an official paper (certificate) confirming the dissolution of the marriage.

It is important not to forget that the procedure described above only applies to divorce.

If there are claims to the former spouse in part, and the like, then they will be the subject of a separate lawsuit.

Divorce through court

However, in most cases, in order to terminate the marital relationship, you still have to go to court.

In particular, the judicial procedure for dissolution of marriage extends to cases where there is a dispute between people over a divorce.

With the exception of the situations described above, a divorce occurs through the court when the family grows up.

It also happens that the second spouse, although he agrees to a divorce, in every possible way evades a visit to the registry office. In this case, there is nothing left to do but go to court.

What court to choose? Today, according to the law, divorce cases can be heard by both district courts and magistrates. It makes sense to refer to the latter when there are no disagreements between the spouses regarding the future fate of the children. In addition, if it is planned to raise the issue of property in the lawsuit, then the justice of the peace has the right to consider the case when the value of the disputed property does not exceed 50 thousand rubles.

Now it is worth deciding where to go to court based on the territory. According to the Code of Civil Procedure of the Russian Federation in force today, the plaintiff has the opportunity to file a divorce suit with the court at his place of residence if he supports a minor child or it will be difficult for him to travel to another court due to illness.

It is worth noting that along with the dissolution of the marriage, other requirements for the opposite party may be included in the claim. These include:

  • division of joint property;
  • both for the child and;
  • determination of the further place of residence of common children;

There are also situations when, along with a divorce, the plaintiff insists that. In this case, employees of the prosecutor's office and the body for guardianship and guardianship are also necessarily involved in the case.

However, a separate claim for property or alimony can be filed after the dissolution of the marriage. At the same time, if the matter concerns the fate of common property, then you need to remember about the limitation period. It is 3 years from the moment when the court decision on divorce entered into force.

divorce papers

Any statement of claim, including divorce, is not complete without attachments. They include the evidence with which the initiator of the claim substantiates his claims.

If we talk specifically about the dissolution of the marriage, then copies of the following are usually attached to the claim:

  • own passport;
  • marriage certificates;
  • birth certificates of children (if any).

For example, if the dissolution of a marriage is due to the presence of bad habits in the second spouse, then copies of the relevant medical reports may be attached to the statement of claim. When the case additionally concerns the division of joint property, then its list is attached to the claim, as well as documents confirming the value of the disputed property.

Now more and more spouses conclude an agreement with each other regarding the procedure for the maintenance and upbringing of children after a divorce. And if there is, a copy of it should also be attached to the claim.

Any statement of claim demanding a divorce requires the payment of such a payment as a state duty. If the case concerns only divorce, then its amount will be 600 rubles. When the spouses still want to divide the property among themselves, then as a duty, a certain percentage of its value is paid additionally. You can calculate the payment based on the rates given in paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation.

The receipt from the bank must also be attached to the statement of claim. Otherwise, the court will have every right to first leave the claim without movement, and then return it to the plaintiff.

The procedure for terminating a marriage

Using the trial includes several stages. Initially, court hearings follow, of which there may be several. During them, the judge listens to the position of the spouses, interrogates witnesses, if any, and also examines all the evidence provided by the parties. If one of the spouses is categorically against the divorce, then the judge can give people time to think and reconcile. To do this, the hearing of the case is postponed for approximately three months.

In the process of divorce, the judge decides on the future fate of common children. If the child has already reached the age of 10, then the court must also listen to his opinion about which parent he wants to live with.

The consideration of the case ends with the issuance of an appropriate decision.

How to file for divorce in the case when one of the spouses is absent or does not agree with the divorce process? The answer to this question can be found in the presented material.

Important! If you are considering your own divorce case, then you should remember that:

  • Each case is unique and individual.
  • Understanding the basics of the law is useful, but does not guarantee the achievement of results.
  • The possibility of a positive outcome depends on many factors.

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

  • Seek advice via form.
  • take advantage online chat in the lower right corner.
  • call:

☎ for Moscow and MO: 8 495 118-24-85

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Conditions for unilateral divorce

The unconditional right to decide on the termination of family relations belongs to each of the spouses. The procedure and terms for exercising this right will depend on various circumstances, including the opinion of the second partner on divorce, the presence of children in the family, and other legally significant factors.

Termination of marital relations unilaterally is characterized by the following features:

  • for the initiation of this divorce procedure, the opinion and consent of the second spouse has no legal value, although it may affect the time and procedure of actions;
  • an application to the registry office or to a judicial authority is drawn up by only one citizen;
  • unilateral options for terminating a marriage through the institution of the registry office are directly indicated in the law, the expansion of this list at the will of the parties is not allowed.

At the same time, it must be understood that the second partner will be notified of the commencement of the divorce procedure, unless such notification is impossible for objective reasons (for example, the second spouse is declared dead).

The order of the divorce process

The legislation allows for the termination of a marriage unilaterally both through the institutions of the registry office and in the judiciary. If the second spouse does not object to the decision to divorce, but for good reasons cannot ensure his presence, he can file an application with the registry office and certify his signature at the notary's office.

To file a lawsuit, the presence of a second partner is not required, documents are accepted only from one side. At the same time, at the stage of the trial, the defendant will be able to express his attitude to the claim by filing an objection, or ignore participation in the process.

Let us consider the features of the procedure for terminating marital relations with the unilateral option of submitting documents to the registry office and to the court.

How to get a divorce through the registry office?

The legislation provides for the possibility of dissolution of marriage through the registry offices only in cases where both partners agree to this option of the divorce process, while they do not have common minor children. If these conditions are met, but one of the parties for some reason cannot be present at the appointed time, the process of divorce will be unilaterally carried out in the presence of the second spouse at his request.

The absent partner must provide a certified written statement from a notary public, which will express his consent to the divorce. It is also possible to issue a power of attorney for your representative to submit the required documents.

How to file a divorce suit?

Termination of a marriage unilaterally is considered in a judicial body if:

  • spouses have children under the age of 18;
  • one of the parties is against the dissolution of the marriage;
  • one spouse applies for the termination of the marriage without notifying the other.

How to get a divorce if one of the spouses actively objects to such a decision? Divorce proceedings begin after filing a lawsuit demanding a divorce. It has no legal significance what reason for divorce is indicated in the application - according to the law, the decision of one spouse to end the marriage is a sufficient reason.

Note! You can file a divorce if there are no children, and the husband does not agree and is registered in another city, by filing a statement of claim at the place of residence of the defendant (if you do not have valid reasons for filing a claim at your location - living with you underage children and a serious illness ).

How to file for divorce and divorce unilaterally through the court? After accepting all the necessary documents in the case within a month, the court is obliged to complete the consideration of the case. The respondent will receive notice from the judicial authorities of the time and date of the scheduled hearing.

Often there are situations when it is not possible to inform the defendant about the hearing due to the absence of the latter at the place of registration or address of residence. Then the judge can consider the statement of claim without his presence in the process. At the end of the consideration of the case, a copy of the decision shall be sent to the defendant within five days.

The defendant has the right to challenge this decision if he provides evidence to the court that the reasons for the failure to appear are valid, in which case the consideration of the divorce case may continue according to the general rules of legal proceedings.

The vast majority of claims for dissolution of marriage, considered in the judicial authorities, are satisfied if at least one of the spouses insists on a divorce. If necessary, the judge can give the parties time for reconciliation, the period of such a procedure is from one to three months. If this did not change the decision of the spouses, then the judicial procedure for dissolution of the marriage will be brought to its logical conclusion.

Divorce without the consent of one of the spouses - when it is not possible to carry out the divorce proceedings

The prohibition on unilateral divorce initiated by the spouse, in the absence of an agreement with the wife, applies in cases where:

  • a certificate from the antenatal clinic confirms the pregnancy of the spouse;
  • have a newborn baby under one year old.

Such restrictions will apply even if it is established that the husband is not the biological father of the child. If, under these circumstances, an application for divorce is received from a spouse, it is subject to consideration under the general rules of family law.

How to divorce without the consent of her husband?

If the spouse cannot be present, but agrees to the dissolution of the marriage, his representative is enough - the process will take place in the registry office according to general rules within a month. How to get a divorce and file for divorce not only without the presence of the husband, but also without his consent?

In the institution of the registry office, they can divorce unilaterally at the request of the wife in the following exceptional cases:

  • if the husband is declared legally incompetent in court;
  • the spouse is missing;
  • husband was sentenced to more than 3 years for committing a crime.

In the presence of at least one of the above circumstances, the marriage relationship is terminated after the submission of a written application to the registry office by the second party. In such situations, divorce is possible, even if you have common minor children. When submitting an application, a court decision confirming the specified exceptional circumstance must be attached.

Note! The registry office also registers the termination of a marriage due to the death of a spouse or the court declaring one of the parties dead.

Can a wife divorce without her husband's consent in the absence of exceptional circumstances? In this case, it will not work to annul the marriage in the registry office, you must contact the judicial authority.

The absence of the defendant at court hearings may delay the process, but even in this case, the plaintiff will receive a judicial act after the court notifies the second spouse of the date and time of the meeting.

The defendant may not come to court, as he will not be notified of this process due to the fact that his place of residence is unknown. This may affect the timing of the case, but the court has the right to make a default decision.

Is it possible to get a divorce without the consent of the wife?

Situations where divorce is allowed without the consent of the wife coincide with the above circumstances:

  • the spouse is officially declared missing;
  • the wife is declared incompetent;
  • spouse was convicted of a crime for a term of at least 3 years.

If the above conditions are absent, if the wife refuses, the termination of marital relations is carried out through the judicial authorities forcibly. Additional nuances may arise in situations where there are minor children in the family, there are disagreements over the division of property, a dispute over a child, etc.

Documents for divorce in court

The main package of documents that must be collected for a divorce in court unilaterally is determined in accordance with the rules of Art. 132 Code of Civil Procedure of the Russian Federation and includes:

  • statement of claim (original document and a copy to be sent to the defendant);
  • receipt of payment of state duty;
  • a power of attorney or other document confirming the authority of the representative of the plaintiff (in the event that the application is submitted by a representative, for example, a lawyer);
  • an extract from the house book, which confirms the place of registration of the defendant (this is necessary to determine the jurisdiction of the dispute);
  • marriage certificate (original);
  • a copy of the child's birth certificate.

If in the divorce proceedings issues of payment of alimony are resolved, the plaintiff must submit a certificate of income of the spouse in the form of 2-NDFL, including the amount of wages. In the event of a division of property, appropriate documents on the ownership of the subject of the dispute may be required (certificate of ownership, extract from the USRN, sales contracts, etc.). If the question is being decided about who the minor children will live with in the future, you must provide an act on the examination of the living conditions of the spouse or a reference from the place of work.

Application for divorce unilaterally

The form of the application form to the registry office for divorce unilaterally will be provided when contacting this body. The sample will allow you to pre-set the amount of information required to fill out.

The statement of claim, which will be sent to the court, must contain the following items:

  • the name of the judicial body;
  • personal data of the parties and their contact information;
  • information about the marriage, the presence of children in citizens;
  • grounds for going to court;
  • claims, including the establishment of maintenance obligations, the determination of the place of residence of the child or the division of common property.

Where to apply

In case of termination of marriage without notifying the spouse, the application is submitted to the registry office at the place of residence of the applicant. The second spouse will be notified of the demand, but his objections will not be legally binding.

Documents for the judicial procedure are sent to the court at the location of the defendant, except in cases where the plaintiff is raising a minor child or a medical certificate confirms the severe nature of the disease.

How much does it cost to end a marriage

In case of unilateral divorce, the applicant will have to pay the state duty:

  • when applying to the registry office - 650 rubles;
  • when applying to a judicial authority - 600 rubles.

The payment document confirming the payment of the state duty must be attached in original form to the application.

When preparing documents for divorce unilaterally, it is extremely important to comply with all legal requirements. We recommend that you seek help from our qualified lawyers who will advise on any issues of interest. To do this, call the numbers indicated on our website or leave a request in the feedback form.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.

Questions for lawyers

How to get a divorce unilaterally and what documents are needed for this?

Is it possible to apply for a divorce unilaterally? What documents are needed for this? There are minor children.

Lawyers Answers

Gudkova Galina

You can apply to the world court in your place of residence. It is necessary to write a statement of claim, pay a state duty of 600 rubles. You need the original marriage certificate.


Kuznetsov Denis

You need to write a lawsuit, pay a state fee, make copies of certificates of a fight and the birth of children, and file a lawsuit. In the world, if there is no dispute about children, or in the district, if there is a dispute or divide property worth more than 50,000 rubles.

RF IC Article 22.

Dissolution of marriage in court in the absence of the consent of one of the spouses to dissolve the marriage


Bykov Dmitry

In addition to what my colleague said, I will propose to take into account the norms of the Family Code of the Russian Federation.

Article 21 of the RF IC. Divorce in court

1. Dissolution of a marriage shall be carried out in a judicial proceeding if the spouses have common minor children, except for the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to the dissolution of the marriage.

2. Dissolution of a marriage is also carried out in a judicial proceeding in cases where one of the spouses, despite the absence of objections, evades the dissolution of marriage in the civil registry office, including refusing to submit an application. (as amended by Federal Law No. 457-FZ of December 30, 2015)

Article 22

1. Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.

2. When considering a case on divorce, in the absence of the consent of one of the spouses to dissolve the marriage, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months. The dissolution of the marriage is carried out if the measures for reconciliation of the spouses were unsuccessful and the spouses (one of them) insist on the dissolution of the marriage.

Mikhailov Valery Vladimirovich

Mikhailov Valery Vladimirovich

Graduated from the Faculty of Law of St. Petersburg State University in 1998 with a degree in Jurisprudence. 20 years of professional legal experience, including in senior positions. Specializes in issues in the field of housing, civil, contractual, corporate law.

People get married to live together, raise children, as a rule, they do it for love. All relations between a man and a woman related to marriage, divorce, raising children are regulated by law - the RF IC. Marriage is registered by the state body: ZAGS (registration of acts of civil status). To do this, citizens who have reached the age of 18 must submit an application, pay a state fee and go through the procedure for recording in the civil status register, that is, “sign”. This can be done at any registry office of the Russian Federation, not necessarily at the place of permanent registration.

Over the past 20 years in Russia, cases of cohabitation, birth and upbringing of children without registration of marital relations are not uncommon. Such marriages are called "civil marriages". Children born in a civil marriage are protected in rights on an equal basis with children from registered spouses. But the division of property of citizens living together without registration of relations is of great difficulty.

Of course, there is a procedure for proving a "civil" marriage: confirmation is common children, a joint expense account, cohabitation. The procedure provokes lengthy litigation: it is often not so easy to prove the fact of cohabitation or joint costs. And determining the share of participation in common acquisitions for each of the cohabitants is difficult for the most attentive and objective court. To simplify and regulate these issues, the institution of marriage was established by the state, the Family Code was adopted.

Some citizens get married in a church in addition to registering a marriage in a registry office. The Orthodox Church does not require registration of a state marriage, but the wedding itself will not affect the legal status of the spouses. If they got married, but did not “sign” in the registry office, from the point of view of the law they are not husband and wife.

Termination of marriage in an administrative order

A marriage may be terminated for the following reasons:

  • death of one of the spouses;
  • divorce at the request of one of the spouses;
  • divorce at the request of both spouses.

Dissolution of marriage, as well as its registration, is carried out by state bodies. If the spouses dissolve the marriage by mutual agreement, and they do not have common children under 18 years old, the marriage can be dissolved upon their joint application to the registry office (administrative procedure for dissolution). If one of the spouses has a minor child from a previous marriage, this is not an obstacle to the administrative procedure for dissolution of marriage.

To dissolve the marriage in this case, the spouses need to come to the registry office and write a joint application (paragraph 2 of article 33 of the Civil Status Act). Filing an application is paid a state fee of 200 rubles. from each spouse. If one of the spouses for some reason cannot personally appear at the registry office, the law provides for the possibility of notarizing his signature on the application. Divorce through a representative, by proxy, is not allowed. In the text of the application, in addition to the formal details that establish the identity of the spouses and the fact of their marriage, it is indicated which surnames each spouse chooses for himself during a divorce. Each spouse may reclaim their premarital surname without the consent of the other spouse. It is not required by law to indicate the reasons for the divorce in the application.

After filing an application by law (Article 19 of the UK), the spouses are given time for reconciliation - one month. After the expiration of this period (it cannot be reduced), the spouses must again appear at the registry office, where an entry will be made to the book of civil status acts on the dissolution of the marriage and the spouses will be issued an appropriate certificate.

Civil Registry Offices are not entitled to consider disputes between spouses:

  • on the division of property;
  • on the payment of maintenance to a needy disabled spouse.

All disputes are resolved in court, regardless of the dissolution of marriage by the registry office. To do this, one of the spouses can file a claim with the court within three years after the divorce. The presence of such disputes does not preclude the administrative procedure for divorce.

Marriage in the administrative procedure in the registry offices may also be terminated at the request of one of the spouses in cases where the second spouse:

  • recognized by the court as missing;
  • recognized by the court as incompetent;
  • sentenced for committing a crime to imprisonment for a term of more than three years.

Termination of marriage by court order

If the spouses have common minor children (including adopted children), or one of the spouses does not agree to the dissolution of the marriage, it can be terminated only in court. To do this, one of the spouses (the plaintiff) must file a statement of claim with the court against the second spouse (the defendant). At this stage, he can seek the help of a divorce lawyer.

According to Art. 17 of the UK, a husband does not have the right, without the consent of his wife, to initiate a divorce case during his wife's pregnancy and within a year after the birth of a child. In other cases, the spouses have equal rights, and the will of one of them is enough for the divorce to take place, even if the second spouse does not agree with this. When one of the spouses in a quarrel shouts: “I will not give you a divorce!” - it's just an emotion.

It is impossible to keep marital relations by force, people are free in choosing a partner, and in loneliness. The norm of Article 17 of the UK is designed to protect the rights of pregnant women and mothers, but it is unlikely that it fulfills its function in a practical sense. A man who is not allowed by law to apply for a divorce in court can leave, go to live in another place, and it can only be about the obligation to financially support the mother of his child during pregnancy, and himself after birth. But men bear this duty even after the dissolution of the marriage, if the child is brought up by the mother. Another thing is how they perform these duties, and what coercive measures the state can apply to those who evade them. In this sense, the status of a spouse or ex-spouse is irrelevant.

Art. 23 of the Code of Civil Procedure determines the generic jurisdiction of divorce cases. The magistrate considers:

  • cases of divorce, if there is no dispute between the spouses about children;
  • cases on the division between spouses of jointly acquired property with the value of the claim not exceeding fifty thousand rubles.

In other cases, the case is heard in the federal (district) court. Many believe that divorce should occur with the simultaneous division of property. In fact, it is not necessary, the division procedure, as well as the determination of the mode of living and raising common children, can take place both simultaneously with the divorce and after it.

It depends on the position of the plaintiff and the defendant which court will hear the case. If one of the spouses insists on the immediate division of property (and its size, as a rule, is more than 50,000 rubles), then a lawsuit must be filed with a federal court.

Territorial jurisdiction is determined by the place of residence of the defendant (Article 28 of the Code of Civil Procedure). The place of residence of a citizen is understood as the “place of primary residence” (Article 20 of the Civil Code). Usually, proof of a citizen's place of residence in court is the place of his permanent residence, which the court can find out (if the plaintiff cannot do it on his own) with the help of the Federal Registration Service. If at the moment the location of the defendant is unknown, the claim is brought at the last known place of residence of the defendant or at the location of his property (clause 1, article 29 of the Code of Civil Procedure).

In some cases, a lawsuit may be filed with a justice of the peace at the place of residence of the plaintiff (clause 4, article 29 of the Code of Civil Procedure):

  • if the plaintiff has minor children (confirmed by an extract from the house register);
  • if, for health reasons, it is difficult for the plaintiff to travel to the defendant's place of residence (medical documents are submitted to the court to confirm the circumstances).

Art. 32 of the Code of Civil Procedure also provides for contractual jurisdiction, the spouses can jointly decide on the court that will consider their case. The agreement of the spouses on the choice of the place of consideration must be drawn up in writing and submitted to the court when filing a claim.

The filing of a claim and the consideration of the case takes place in the usual manner, which does not make sense to describe in detail here, because most often the parties involve representatives - lawyers - to participate in the case. We only note that when filing a claim, it is necessary to pay a state fee - 200 rubles.

Spouses starting divorce proceedings should keep the following in mind.

List of facts confirming the impossibility of cohabitation

The main subject of proof in court are circumstances, facts confirming the impossibility of further cohabitation and preservation of the family (clause 1, article 22 of the UK). The list of these circumstances may include:

  • spouse's alcohol abuse;
  • marital infidelity;
  • the presence of marital relations with another person;
  • abuse of a spouse or children,

and much more. But it is enough for one of the spouses to firmly state in court that personal relations in the family have been interrupted and cannot be restored, and this will be enough. In other words, it is not necessary to accuse the defendant of some "family" sins in court. The persistent will of one of the spouses is sufficient grounds for dissolution of marriage.

An attempt by a spouse who does not want a divorce to avoid it without receiving a subpoena and not appearing at the meeting will lead to nothing. If the defendant is notified by subpoena but does not appear in court, at the third hearing the judge will decide on the claim and the marriage will be dissolved. If the summons is not served, the marriage will still be annulled, and the defendant will be recognized as long-term absent from the place of permanent residence. It just takes a little more time.

After the court makes a decision on the dissolution of the marriage and its entry into force (the court decision can be appealed in an appeal, cassation, supervisory procedure), this decision must be presented to the registry office, which will make an appropriate entry in the civil status register and issue a certificate of divorce.

Sometimes people, entering into close relationships, but not getting married, lead a joint household, give birth to children. Then, when the time comes to part, a lot of problems arise with the division of jointly acquired property.

In another option, spouses living in an official marriage can actually end the family relationship, but not file a divorce. After many years, one of the spouses will want to remarry, and for this he will start filing a divorce with a spouse with whom close relations have long been terminated. And then it turns out that all the property acquired by him during the break in relations is formally considered jointly acquired, and it should be divided in half with the former spouse.

Such unpleasant situations arise when the legal status of the relationship does not correspond to the actual, real status. Therefore, I will allow myself to give advice to all people entering into close relationships: formalize them legally in time, the institution of marriage was created by the state to protect your rights.