The destruction of an official family is sometimes a very simple process. In some cases, citizens have to work hard to stop being husband and wife. For example, if the family has minor children or spouses cannot resolve property disputes. Even worse is the situation when someone does not want to disperse. Is a divorce possible without the participation of one of the spouses? If so, how to bring it to life in one way or another? Where to go for help? The answers to all this and more will be presented below. Thanks to the RF IC, everyone can easily cope with the task. With preliminary preparation, the divorce process unilaterally causes a minimum of trouble.
Legislation of the Russian Federation
First, find out how real the topic is. Is divorce possible without a spouse? That is, unilaterally.
Under current law, every citizen can safely marry and dissolve it. The main thing is to reach the “marriageable” age and be competent.
Creating a new unit of society is possible only by mutual agreement. What does divorce mean?
The termination of marriage is ideally also carried out by agreement between husband and wife. But it is worth remembering that you can’t keep anyone in the family by law. So, a divorce without a spouse (his consent) is possible. The main thing is to know how to act under certain circumstances.
Where are couples bred?
For example, couples should figure out exactly where they should turn for help. The answer to this question depends entirely on the situation in the family.
A divorce without the participation of one of the spouses can take place:
- in the registry office;
- in a magistrate's court;
- in district judicial authorities.
Accordingly, requests for established forms are sent to the listed authorities. Unfortunately, practice shows that it is far from always that spouses manage to quickly terminate official relations unilaterally.
When they go to the registry office
Now consider each situation in more detail. When is a divorce possible without the presence of one of the spouses in the registry office?
This alignment is considered the least problematic. Especially if the husband / wife is not against divorce. In the said body, a family is destroyed without a spouse if:
- the person is “for” a divorce, but for objective reasons cannot come;
- a person has been deprived of liberty for more than 3 years;
- a citizen was declared missing or dead;
- spouse deprived of legal capacity.
In addition, it is important to remember that without much trouble, the registry office will be divorced if:
- the applicant has a divorce order;
- there are no common or adopted minor children in the family;
- There are no property disputes between the parties.
Under no circumstances will the studied procedure be carried out in the registry office. In real life, the divorce proceedings in the said body are not always implemented without problems. In some cases, the applicant may be refused a divorce. Then you have to go to court, seek a court order, and then re-apply to the registration authority.
Objective reasons for the absence
Now consider a few real reasons in connection with which you can file for divorce without a spouse. In the registry office or in court - this is not so important. The main thing is that failure to appear for divorce proceedings for objective reasons does not slow down the process as a whole.
You can’t come to destroy a family if:
- a citizen acts on behalf of his representative;
- the spouse is disabled (or is currently being treated / is in the hospital);
- the place of residence of the husband / wife is determined in another city / country;
- spouse's work is located remotely from the place of divorce.
The main thing is to prove everything documented. We will have to confirm that the “second side” is aware of the divorce, and also does not oppose it and has good reason for not appearing. Paperwork is serious in this case, but it's worth it.
World court - when to come
Divorce without the participation of a spouse, as we have said, is possible through the courts. Let's start with the global judiciary.
In general, the courts turn when dissolution of the union in the registry office is not possible. For example, such an action is not provided for by law or the registration authority refused the divorce proceedings.
Justices of the peace consider cases of divorce without the participation of a husband / wife (unilaterally) if:
- the couple has property disputes in the amount of up to 50,000 rubles;
- one of the participants does not agree with the procedure;
- if there is an agreement on determining the place of residence of children and paying alimony (they can rarely refuse).
Accordingly, if there is not a single child in the family, you can divorce without a spouse in a magistrate court. But these are not all options for the development of events.
District judges and divorce proceedings
Divorce without the presence of a spouse through the judiciary is most common. Therefore, it is important to focus on such a moment.
So, with the justices of the peace sorted out. And when should a citizen apply to a district court?
This can be done if:
- the family has minor children;
- there is a property dispute in the amount of more than 50,000 rubles;
- spouses cannot peacefully resolve issues related to the maintenance of children, their place of residence and meetings with the second parent.
It follows that even in difficult life situations, no one can hold a couple together. This is quite normal. After all, marital relations can become obsolete. And it is possible to prohibit the dissolution of the union only in individual cases.
Exceptions to the Rules
Thinking about how to file a divorce without a spouse, it is important to remember that such an operation is not always possible. In some cases, spouses cannot be divorced by mutual consent or unilaterally.
We are talking about situations when the wife is pregnant or the newborn is not yet 1 year old. Family law in this case prohibits a man from filing for divorce. Neither the court nor the registry office will allow to destroy the family during the periods mentioned.
The exception is cases when the initiator of the process is a woman. A wife can file for divorce both during pregnancy and after childbirth during the year. Have to go to court. Especially if the husband does not want to leave. They cannot refuse to divorce under such circumstances.
The rule of three absenteeism
Divorce without the participation of a spouse is a very real task that can be dealt with with some preparation. What to do to a family where one of the spouses intentionally, without any reason, does not appear in court for divorce?
Some believe that it will be possible to avoid the deplorable outcome of the relationship. Such a statement is not true. As already mentioned, the law cannot keep in marriage. Therefore, ultimately, the couple will be divorced.
The thing is that a failure to appear in court without reason triggers the rule of "three absenteeism". This means that the judiciary will summon the “runner” to the hearing three times. And, if a person does not appear, and also does not prove the presence of good reason for absence, the couple will be divorced unilaterally. Just appearing without reason significantly slows down the operation.
Action through a representative
Divorce without the participation of one of the spouses is a controversial issue. If the absent party agrees to the destruction of the family, you can help speed up the process.
For example, a person can draw up a power of attorney to represent his interests in court. The main thing is to notarize the corresponding paper.
Thus, you can get a divorce, not only in the absence of one of the spouses, but also without a "second side". Especially if the couple goes to court to implement the task.
In some cases, you can do without a power of attorney. For example, when the judicial authority appoints a lawyer due to lack of information about the place of residence of the absent spouse.
Notary consent
Another development scenario is a divorce through a court without the presence of a spouse by providing consent issued by a notary public. In this case, the person expresses his desire to terminate the union, but he cannot really be present in court or in the registry office.
The initiator of the process writes the consent to the divorce, and also asks in the document to consider the application without his participation. It is desirable that, in this case, the weightiness of the grounds for absence is proved.
The same goes for the defendant. In agreement, he writes that he does not object to the dissolution of the marriage, and then asks to consider the matter without his participation.
All these operations are not so difficult to implement if you thoroughly prepare for them. How to act in a particular case?
Briefly about the divorce in the registry office
Now consider a divorce in a registry office without the presence of a spouse step by step. The instruction will help not to get confused in the operation being studied.
The divorce guide provides the following steps:
- Collection of evidence indicating the possibility of a divorce in a registry office without a spouse.
- Preparation of other documents for the implementation of the task.
- Drafting and filling out a divorce application.
- Payment of duties in established amounts.
- Obtaining a divorce certificate.
In reality, everything is not as difficult as it seems. The main problems arise in the preparation of documents for the divorce proceedings.
Documents for the registry office
Therefore, at this point we will dwell in more detail. Divorce without one of the spouses through the registration authorities, as we have found, is possible. The applicant at the time of filing a request for the implementation of the task must bring:
- your passport;
- Marriage certificate;
- a check on the payment of the fee (can be entered in the registry office later).
Additionally, the spouse is required to:
- consent from a second party to a divorce;
- disability certificates or from the hospital;
- documents indicating the place of work or registration of the absent party;
- death certificate;
- a court order recognizing the person as dead or missing;
- certificate of conviction of an absent spouse for 3 or more years;
- prenuptial agreement (if any);
- court ruling on divorce.
If you have children, you will also have to take:
- birth certificates of all children;
- adoption documents;
- certificates with the registration of children;
- agreement on alimony and place of residence of minors (if any).
That's all. Now it remains only to wait a bit. Usually a divorce in the registry office is carried out a month. After that, the spouses will be given a copy of the divorce certificates.
Important! Registry offices do not consider divorce proceedings. Therefore, an alimony agreement is often applied at the request of the applicant.
Court action algorithm
Divorce without the presence of a spouse in court differs only in the direct conduct of the operation. In duration, such a step can take from 3 months to several years. Especially if the spouses have disagreements on certain issues. For example, regarding children.
To carry out a divorce without the participation of one of the spouses, you will need:
- Prepare a package of documents. It coincides with the previously proposed list.
- Make a claim and write your requirements in it.
- Go to court.
- Take part in the meeting.
- Get a court order in your hands.
- Pay a divorce fee.
- Contact the registry office to obtain a certificate of divorce.
It would seem that everything is very easy. But actually have to try.
Additional papers for the court
Divorce through a court without the presence of a spouse involves significant paperwork.In addition to the previously proposed papers, the following documents may be useful to the plaintiff and defendant:
- income statements;
- certificates of family composition;
- certificates of ownership of all property;
- checks for payment of certain services / purchases;
- witness's testimonies;
- evidence indicating inappropriate behavior of the spouse-parent;
- any materials capable of indicating that the second spouse enjoys his parental position;
- certificates of deprivation of parental rights (if any);
- proof of pregnancy of the spouse.
During the trial, you can use photographic materials, and correspondence, and video recordings. If a divorce without the participation of a spouse is carried out through a representative, you must attach to the lawsuit a power of attorney for a specific person and a copy of his passport.
Cost
We found out how to cope with the tasks. If you prepare in advance for the situations described, the divorce process will take place with minimal hassle.
How much does this step cost? The state duty for a divorce in the registry office in 2018 is 650 rubles. If a person destroys a family unilaterally or goes to court - 350 rubles.