How to get a divorce without a husband. Is it possible to get a divorce without the presence of your husband: analysis of possible situations and resolution of issues. Court hearing and issues resolved by the court during it

15.07.2024

There can be many reasons why a family breaks up. And the simplest procedure for terminating a family relationship will be when two spouses want it. In those cases where divorce is desirable only for the wife, there are a number of nuances 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 court and through the registry office. However, in the second case, there are several conditions.

Legal requirements

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

According to Article 22 of the same Code, divorce 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 for postponing the trial and setting a three-month deadline within three months. But, if the spouses were unable to figure it out together, and one of them continues to insist on divorce, the marriage is dissolved.

Basic design methods

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

in those situations that allow divorce without the consent of the spouse in the registry office, contact this organization. She chooses a wife based on her place of residence. In this case, it is required to both file an application for divorce at the registry office without a husband, and to present a court order confirming the right to unilaterally dissolve the marriage;
in other situations - file an application with the court.

If all actions have been carried out taking into account the requirements of current legislation, the process of officially terminating family relations begins. A husband who disagrees with the divorce will no longer be able to influence his development. And only a court guided by the law, the documents and evidence presented can create obstacles on the way to dissolving a 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 husband does not agree to it. At the same time, the law allows a woman to be divorced, despite the man’s objection, in the following situations:

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

All three circumstances must be formalized by a court decision. The document must come into force and must be submitted to the registry office along with the statement of claim and a receipt for payment of 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 period within which a woman must receive a divorce certificate does not exceed 1 month. The spouse in prison is notified that an application has been submitted to choose a surname that he can keep after marriage. In other cases, there is no need to notify husbands about the divorce.

Divorce in court

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

You need to contact the Magistrates Court if:

there are common children (child) whose age does not exceed 18 years;
a husband who disagrees with his wife’s decision to officially separate (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.

A claim can be filed in the district courts of the city in which the wife lives in cases where there is no agreement between the spouses on the issue of where the minor child(ren) will live. The same authority is contacted if the estimated value of the property exceeds 50,000 rubles.

Spouse's actions

To obtain a court decision, a woman is required to:

Prepare all documents;
Pay the fee. In 2018 it is 600 rubles. when submitting an application and another 1300 (650 each) for filing a divorce, which is still carried out through the registry office;
File a claim in accordance with all legal requirements;
Submit a document to the court - in person or by mail;
Wait for the court's decision and, if it is positive, present it to the registry office.

If it is impossible or unwilling to attend court hearings in person, the wife has the right to appoint a representative. Or file a petition 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, you should first consult with a lawyer.

Filing a claim

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

In the first part, indicate the name of the court and information about the divorcing spouses (last name, first name, patronymic, date of birth and place of residence);
In the second, descriptive part, information should be provided about the place and time of the marriage, the circumstances that led to its completion (the reason must be valid), and the arguments that the plaintiff gives to the court;
In the last part, the claim contains a request to dissolve the marriage and fulfill the remaining requirements (divide property, assign alimony).

If the spouses have children together, the claim also stipulates the procedure for determining their place of residence, upbringing and maintenance. Although, if the defendant does not agree with the decision, he has the right to challenge the document. And the court hearing 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, in addition to the claim itself:

First of all, a copy of the passport and application (for the husband);
Originals of the receipt confirming payment of the fee and income certificates (when resolving issues with child support);
Copies of marriage and birth certificates.

After submitting a package of documents, the woman receives a notification form about the date of the court hearing. Although her presence is not required during the trial. This request must be indicated in the application in order for the claim to be considered by the court.

Procedure and terms

The court hearing may be held in the absence of both parties. In order to divorce without the consent of the spouse, his participation is not required. Although, by law, the man must still be sent a notice indicating the time and place of the process. And, if he does not appear, the court decision is made in absentia, after which a new document is sent to the husband - this time with the decision made.

There are three possible scenarios:

the court satisfies the civil claim and divorces the spouses;
the plaintiff is given a refusal to satisfy the claim (the wife may then file a complaint);
the case is postponed so that the husband and wife can make peace with each other. If after 3 months no agreement has been reached between the parties, and one of them (or both) insists on divorce, the court satisfies the plaintiff’s request.

3 days after the decision is made, the document is issued to the woman. And now 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. By presenting the court order, the wife receives a certificate officially confirming her divorce.

Divorce without the consent of one of the spouses does not last too quickly - such a procedure can take up to 3-4 months. And the court decision begins to take effect only 30 days after it is made. If the meeting took place in the absence of the husband, a period for cancellation of the act by the absent party is added to this period. In cases where documents can be submitted to the registry office, the period for consideration of the case does not exceed a month.

Possible problems

When filing an application, a woman should be aware of the following types of problems that she may encounter:

unilateral separation of marital relations is often complicated by disputes about alimony and division of property;
If the spouse who does not agree with the divorce is a foreigner, you may need to apply to the representative office of another state. 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 divorce in another country will be required;
the presence of opposition from the husband can lead to a delay in the process.

According to the legislation of the Russian Federation, a woman has every right to divorce her husband without his consent. Depending on the situation (presence of property and children) or the position of the husband, this procedure takes place without a trial (at the registry office) or with the involvement of a judicial authority. What are the features of each option? What actions does a woman need to take to get a divorce? Where to go and what documents will be required? We will examine these and a number of other questions in the article.
Divorce without husband's consent - restrictions
There are no prohibitions in the laws of the Russian Federation that would prevent a woman from divorcing her husband. Moreover, the fair sex has more opportunities, because men cannot file for divorce if the wife is pregnant or, for example, less than a year has passed since the birth of the child. There are no such restrictions on the part of the spouse. She can safely go to the registry office or to court, even if there is a child under one year old. The only obstacle is the refusal of the spouse, but it is easy to overcome.
If a man refuses a divorce by mutual consent, the court gives time to reconcile (usually from one to three months). If this period is not enough to resolve the issue of preserving the family, the judge officially divorces the couple. Thus, the husband has up to 90 days to convince his wife that her decision is emotional and groundless.
Options for filing a divorce without the husband's approval
As noted earlier, the wife has two options for how to obtain a divorce from her husband - or with the involvement of “heavy artillery” in the form of a judicial authority. Let's consider each of the options in more detail.
If a woman no longer plans to live with her husband, she has the right to file an application for divorce and submit it to the registry office. In general, both spouses must be present. If a man refuses to dissolve the marriage, the option of unilateral dissolution (by the indicated method) is not acceptable.
But there are exceptions that allow a woman to apply for divorce at the registry office without the presence of her husband. This is possible in the following situations:
The spouse is in MLS due to the commission of a crime and was sentenced to a period of three years or more.
The man is classified as incompetent (must have supporting documentation).
The husband went missing or died.

If the spouse is healthy and does not fit into any of the above categories, divorce through the registry office is excluded.
Divorce without spouse's approval through court
If it is impossible to dissolve the marriage using the method discussed above, you will have to use an alternative option - divorce. There are two ways here:
Magistrate's Court. Appealing to this body is relevant if there are no children or the spouses have amicably resolved this issue among themselves. This option is also relevant if there is no property that is subject to disputes, or its value does not exceed 50,000 rubles.
District Court. This body resolves more complex issues, for example, if there are children, and there are also disputes regarding them or material assets. Sometimes it is allowed to file two claims at the same time. The first is to the magistrate for divorce, and the second is to resolve issues related to property.

Algorithm of actions in case of divorce without the approval of the spouse
Regardless of the husband’s position, a woman can divorce unilaterally and it will not be possible to prevent this. If a man refuses a divorce and deliberately does not come to court, this will lead to a delay in the process, but the result is still the same - divorce. The judicial authority in all cases takes the side of the spouse.
Filing a claim
The wife's first step is to prepare a statement of claim, which consists of three parts:
Formal. The name of the judicial body where the woman is filing the claim is indicated here. Information about the husband and wife is also recorded, namely full name, birthdays, addresses and others. Information about the child (one or more) is also indicated. This is especially important if the children are minors.
Descriptive. In this part, you must provide detailed information about the place where the marriage was registered, the characteristics of family life (reasons for the breakup). It is worth providing evidence and writing down arguments indicating the hopelessness of the situation for the married couple. It is important to indicate what the decision regarding common children and joint property should be.
Supplementary. At the end of the statement of claim, the woman forms her request to dissolve the marriage and fulfill other requirements. The latter may concern property or the assignment of alimony payments.

What documents will be required?
Along with the statement of claim, a package of documents is submitted, which includes the following papers:
Applicant's identity card (copy).
Claim (copy). This document is sent to the spouse to inform him about the start of the court hearing.
Birth certificates for each child (copies).
Other papers that may be required depending on the situation. This includes 2-NDFL, characteristics and other papers.
Receipt for payment of state duty for using the services of a judicial authority.

As soon as the statement of claim and documents are submitted and accepted by the court, a hearing date is set. As a rule, this occurs no earlier than 30 days from the date of submission of the statement of claim. After the deadlines are determined, the spouses are informed by sending letters by mail.
During court proceedings, the judge finds out the circumstances that have arisen, inquires about the relationship between the spouses and the reasons for the decision. An agreement regarding children and the division of material assets is also being considered. Taking into account the existing experience and evidence base, the judicial authority makes a decision on the possibility of reconciling the spouses and preserving the family.
If a man categorically does not agree to divorce, the judicial authority has the right to postpone the decision for a period of 3 months. This time is given to the couple to find a compromise and make a final decision on further actions. If the result is negative, the judicial authority has no choice but to approve the plaintiff’s request.
One month after the announcement of the decision, the latter comes into force. In this case, the man and woman receive a statement by mail indicating the decision. With this document you need to go to the registry office to formalize the fact of divorce.
If during this time the spouses still find a compromise, they have the right to file an appeal and appeal the decision to the judicial authority. In this case, the application is submitted to the district court. The document must indicate that the husband and wife have reconciled and also refuse to dissolve the marriage. Based on this document, the appellate court overturns the earlier decision and stops the consideration of the case. From this moment on, the married couple continues to live in the same way as before.
Results
Thus, from the moment of filing the application until the court decision comes into force, 3 months or more pass (depending on the man’s position). In practice, the duration of the process can be extended by up to 4-5 months with frequent postponement of meetings in the event of the spouse’s failure to appear. In addition, after receiving the decision, the husband has the right to appeal it, which also delays the divorce process by 2-3 months. The reasons for such actions can be different - the desire to save the marriage, preparing the “ground” for suing children or property. To avoid time delays, it is important to indicate in the claim that reconciliation is not possible under any circumstances. In addition, you can use the help of lawyers.
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When registering a marriage relationship, the bride and groom submit separate applications in which they confirm their will to marry. When divorcing, the simultaneous consent of husband and wife is not always required. The law allows a marriage to be dissolved unilaterally at the request of only one of the participants.

But if the husband’s initiative can be limited in some circumstances, then it will not be difficult for a woman to divorce her husband without his consent.

Is it possible to get a divorce without consent?

Is it possible to get a divorce without the consent of the husband? It is stated in Chapter 4 of the Family Code of the Russian Federation. In Art. 16 states that divorce proceedings can be initiated jointly by spouses or individually by only one partner without the consent of the other.

Article 17 establishes restrictions under which the husband does not have the opportunity to initiate divorce proceedings. But such rules do not apply to women. The wife has the legal right to file for divorce at any convenient time. And this can be done if the spouse does not agree with such a decision.

Are there any restrictions on divorce without the husband's consent?

Divorce carried out without the consent of one of the spouses is a common practice. But men need to be prepared for the fact that the spouse does not have the opportunity to file a claim for divorce unilaterally if the wife is pregnant or raising a joint child under one year of age. Such rules do not apply to women.

During the consideration of the dispute, the man can present evidence that there are no compelling grounds for divorce proceedings. The court, of course, will not refuse the claim, but may provide the participants with 90 days of additional time to resolve the conflict and save the family.

Ways to file a divorce without the consent of the husband

There are two algorithms for how to divorce your husband if he doesn’t want it:

immediately through the registry office (Article 19 of the RF IC);

with the involvement of the court (Article 21 of the Family Code).

Divorce without a husband through the registry office

According to the general rule, a husband and wife can divorce in the registry office only by mutual agreement. And this procedure can only be used if the parties do not have common children, as well as in the absence of joint property. If the husband refuses to voluntarily go to the registry office, then the wife will have to file a claim in court.

Part 2 art. 19 of the Family Code determines how to quickly divorce a husband without his consent in the civil registry office. This can be done under the following circumstances:

the spouse is declared missing (if the couple has not maintained a relationship for one year, there is no information about the whereabouts of the man, and his close friends and other relatives do not know where the citizen is);

complete loss of legal capacity by the husband (a guardian is involved in the divorce procedure);

the husband is in prison for committing a crime (the minimum sentence should be three years).

Each of these facts must be documented. Otherwise, you will have to file an application for dissolution of the marriage union in court.

What documents without the husband’s knowledge:

copies of passports of husband and wife;

a court decision declaring him incompetent, missing, or confirmation of deprivation of liberty based on a court conviction.

Divorce without husband's consent through court

On the territory of Russia there are two categories of courts of general jurisdiction. The first is the world court. It resolves conflicts in which the participants have already agreed and were able to resolve the dispute on their own. In order for the magistrate’s court office to accept the petition, you must additionally submit a settlement agreement approved by a notary.

Important! The magistrate's court makes decisions not only regarding divorce disputes, but also when establishing custody of joint children and the distribution of common property. The main thing is that the value of the disputed property does not exceed 50 thousand rubles.

The district court is called upon to resolve conflicts when the parties were unable to independently resolve the dispute and determine the main issues related to the divorce.

Divorce procedure if there is no consent of the husband

There is a strict algorithm of actions on how to get a divorce in court without the consent of your husband. The duration of consideration of the appeal will depend on the severity of the conflict and the number of issues being considered.

As is typical for divorce proceedings, the judge has the right to make a decision on divorce in absentia, without the participation of the defendant. This is possible if a party received a summons more than three times, but did not arrive at the court hearing, without significant reasons.

In this case, the court decides that the defendant is not interested in considering the appeal, and therefore satisfies the petition for divorce. The same rule applies when a man decides how to divorce his wife unilaterally without her consent.

Preparing a claim for divorce

An interested party can file a claim independently or with the help of a lawyer. Of course, the participation of a specialist will allow you to avoid mistakes in the content of the application, but drawing up an application yourself will not leave much difficulty. For this purpose, it is enough to use a good sample or form located in the court corridor at the familiarization stand.

Violation of the rules for filing a petition may cause the court to refuse to accept it. Therefore, when submitting an appeal, the plaintiff must display the following blocks of information in the content:

Introductory part. The name of the judicial authority to which the petition is sent is indicated. It also displays the personal information of the plaintiff and defendant who are interested in resolving the dispute.

The introductory part contains information about the procedure and date of marriage (the number and series of the marriage certificate is displayed). And it is also additionally indicated whether the spouses have common children and jointly acquired property regarding which disagreements have arisen. Be sure to indicate the reasons why she decided to leave her husband (for example, infidelity, frequent quarrels, financial difficulties, etc.). It is enough to indicate the problem in general, but not to describe it in detail.

The “I ask” section, in which the plaintiff describes the main requirements for the defendant. Requests may include a request to dissolve a marriage, establish custody of children, determine the child’s place of residence, or divide property rights.

The final provisions contain an inventory of what documents the plaintiff believes are needed to obtain a divorce without the consent of the spouse. The date the claim was filed is displayed, as well as the signature of the petitioning citizen.

Important! The defendant has the right to submit a counterclaim, which stipulates counterclaims regarding the division of property and determining the procedure for raising joint children.

Documents are attached to the statement of claim

The list of documents required for approval of divorce proceedings in court depends on what issues are initiated for consideration in the claim. If the wife asks only to grant the divorce if the second participant disagrees, then the following will be required:

passports of the parties;

marriage registration certificate;

evidence of the reason for the divorce process (optional).

If joint property is divided, you will need:

list of disputed property;

an up-to-date assessment of each property subject to dispute;

title documents for property.

If you want to establish custody of a child, the plaintiff needs to prepare the following papers:

copies of personal documents of each child;

a certificate from the guardianship authorities on inspection of the housing in which the child will live.

After a child reaches the age of ten, he has the opportunity during the trial to express his desire to live with a specific parent. If the issue of assigning alimony payments is additionally considered, certificates of income of the parties will be required.

Procedure for considering a case in court

There are several ways to submit a petition to the court:

in person to the court office;

postal services;

with the involvement of a representative.

The statement of claim will be reviewed by the court office, as well as by the judge before it is accepted for consideration.

If there are no grounds for refusing to accept the application, then the further procedure will be as follows:

within three days, the chief judge sets the date for the first consideration of the claim (cannot exceed 30 days from the date of receipt of the petition);

sending subpoenas to all interested parties (all interested parties, including representatives of the guardianship authorities who monitor the observance of the rights and interests of the child, must receive court summons);

dispute resolution (the duration of the procedure depends on the number of disputes);

making a decision on the case and sending it to the registry office for execution.

The task of the court is to confirm the legality of claims for divorce, but the registration of dissolution of the marriage union is carried out by the registry office. Therefore, the court decision is transferred to the local registry office to enter the relevant information into the register, as well as to obtain a divorce certificate.

Divorce term without husband's consent

The time it will take to officially separate unilaterally depends on the algorithm for the procedure. If a woman sends an application to the registry office, then after thirty days she will be able to pick up a completed divorce certificate. It is difficult to limit the duration of consideration of a claim in court to a specific framework, since everything depends on the individual characteristics of the dispute.

This is possible if the marriage was involuntary (one of the parties threatened the other to force them to enter into a marriage union) or if one of the spouses was incapacitated at the time of filing the application or marriage (confirmation of disabled status). The procedure for unilateral annulment of a marriage occurs exclusively through the court.

According to statistics, the number of divorces in Russia every year exceeds the number of marriage registrations by 5,000 cases. This happens for various reasons: fading of feelings, harmful addictions, his or her infidelity, etc. But not every family breakdown is accompanied by a mutual desire to get a divorce. Sometimes one of the spouses does not want a divorce, but the other one puts up with this outcome because he does not know his rights and capabilities. However, there is a way out of any situation! You can divorce your husband or wife without their consent.

Is it possible to get a divorce if the husband or wife is against divorce?
Most often, marriages are concluded officially. And it just so happens that a person who does not go into the details of family law is sure that divorce is possible only with the consent of the second spouse. Because of this, many couples simply “separate” without dissolving the marriage and waiting until the other party agrees. But you cannot force a person to be married against his will, so a divorce can be achieved! Only the method of dissolution of marriage depends on consent.
Divorce in court is carried out if the court determines that further life together of the spouses and the preservation of the family is impossible.
Article 22 of the Family Code of the Russian Federation

The duration of a divorce in such cases and its complexity depend on many different nuances:
presence of children;
obstruction of the process;
the possibility of reconciliation;
territorial location of spouses.

Is it possible to divorce a marriage through the registry office if the spouse disagrees?
You can get a divorce through the registry office if:
the spouses don’t mind;
no common children under 18 years of age;
both spouses are capable.

If the spouse is alive, law-abiding and of sound mind, but does not want to get a divorce, then you cannot get a divorce through the registry office.
Alsou Urazaeva

Divorce through court without the consent of one of the spouses
In case of divorce through the court, the consent of the other half is not necessary. This procedure is always possible, except in the following cases:
if the plaintiff is the husband and the wife is pregnant;
if there is a child under 1 year old;
if the child was stillborn, but a year has not yet passed since his birth.

Important: in case of pregnancy or the presence of a child (under 1 year), the court will not take into account the fact that the husband is not the biological father.

How to start divorce proceedings
A claim for divorce can be brought to the court at the place of residence of the other half. Only sometimes at the applicant’s address:
if a minor child lives with the plaintiff;
if there is a certificate of impossibility to travel due to health conditions.

Example: a wife filed for divorce, but her six-year-old son lives with her. In this case, she can file an application with the court at her place of residence. Or the applicant is a husband, but he has a broken leg (there must be a doctor’s report), then he can take the application to his place of residence.
Dmitry Melnikov

If the address of the defendant is unknown, then you can go to court at the last address where he lived.
Video: how divorce works in court

When can they get divorced in the magistrate's court?
If there are no disputes about alimony and property, the claim for divorce is filed with a magistrate, who can:
satisfy the claim;
adjourn the hearing for 1 month;
refuse satisfaction.

The court cannot change jurisdiction at the request of the husband (wife). An application containing alimony requirements or division of property must be submitted to the district court.
What documents are needed to file a claim?
In order not to waste time, you need to prepare in advance:
statement of claim (2 copies);
plaintiff's passport;
marriage registration certificate;
a receipt confirming the fact of payment of the state duty (650 rubles);
birth certificates of common minor children (copies certified by a notary are possible);
a certificate of family composition (if children live with you);
marriage contract (if any);
certificates of income of both parties (if the issue of alimony is considered);
documents about the plaintiff’s property (if the issue of division of property is considered).

If there are no children or joint property, the judge pays special attention to the completeness and accuracy of the attached documents. The court may not accept the claim for consideration if it contains serious violations. So, it must contain:
name of the judicial authority;
information about the plaintiff and defendant (passport details, actual address and registration, contact numbers, etc.);
reason for divorce;
list of applications;
date and signature.

Features of divorce when one of the spouses does not agree to it
Each divorce has its own subtleties, which determine the further course of events and the duration of the procedure. Often everything is decided by the chosen line of behavior.
Example: the wife initiated the divorce and division of property, but the husband was against it. In the application, she wrote the reason: “They didn’t get along” and “forgot” to attach some documents. The defendant reviewed the copy of the claim and other documents. After which he filed a counterclaim indicating the reasons “Alcoholism of the spouse and violation of the terms of the marriage contract,” and also attached the necessary medical certificates and documents for property that belonged to him before marriage. The result was the satisfaction of the counterclaim. The division of property did not bring anything to the plaintiff.
Ksenia Artyushkina, lawyer

Typically, applications for divorce and division of property are filed simultaneously or both requirements are contained in one application. But if property issues concern someone else (third parties), the court may decide to consider a specific case in a separate manner. For example, the court divorces spouses, and considers the issue of division of property at a different time.
Duration of divorce registration
The duration of divorce proceedings depends on the jurisdiction. If the claim is filed in the magistrate's court, the first hearing date is set (30 days later). Spouses receive summonses by mail. If both agree, then in a month the court decision on divorce will be sent to the registry office.
If one is still against divorce and believes that reconciliation is possible, the judge sets a period for reconciliation (up to 3 months).
If the couple does not reconcile during this time, they will be granted a divorce. But the dissenting party can gain a little more time if they have time to appeal the decision within 30 days.
In district courts, the situation is a little different; a hearing can be scheduled 2 months after the filing of the claim.
In cases where both do not come to the meeting, the marriage is considered preserved and the case is closed. If only one does not appear, the court will consider the case without him or set a new date. But if the defendant does not come three times, then the decision on divorce will be made automatically.
Divorce procedure with children
When there are small children in the family, the divorce procedure becomes somewhat more complicated. Firstly, you need more documents than under normal circumstances.
Package of documents for a child:
birth certificate,
confirmation of registration,

certificate from school, etc.
Secondly, the court will take into account the interests of the child. If the parents have not reached an amicable agreement about the children and have not recorded the agreement with a notary, then the issue of their future upbringing will be considered in court.
Alsou Urazaeva

It is important to know that the court may separate the issue concerning the future of children into another proceeding and consider it separately from the divorce. The future of the children is also determined by the court. Many factors are taken into account when making a decision:
material security of the parties;
personal (moral) qualities of parents;
the child’s attachment to one of the parents (relatives);
conditions offered to the child in the future;
the type of activity of the parents (working hours, etc.).

Many people believe that material well-being will play a decisive role, but this is not so.
Example: during a divorce, an 11-year-old child is left behind, the father demands that the son stay with him, since he has more money, a better apartment, an expensive car, a well-paid job, etc. The court took into account the child’s desire to stay with his mother and grandmother, the availability they have a private house (better ecology), which is located near the school. The child’s mother also provided medical evidence that her ex-husband abuses alcohol. The child remained with his mother.
Oleg Babkin

The court decision is made on the basis of a combination of factors that should provide the child with a normal upbringing and conditions for development, since the interests of the children in such cases are a priority.
Video: how to divorce spouses if he (she) does not give consent

So, it is impossible to get a divorce through the registry office without the consent of the other party. If one of you is not eager to get a divorce, the application must be submitted to the court. He will dissolve the marriage, because a person cannot be forced to be a husband or wife against his will. If there are small children in the family, then their future will also be determined by the court. In any case, they will try to set a deadline for reconciliation. There is no need to neglect it, this is additional time when you can reconsider your decisions again.