Can they divorce without the consent of the husband. Is it possible to get a divorce without the consent of the wife

There are frequent cases when further marital relations between spouses for some reason become impossible.

A properly registered marriage entails bilateral rights and obligations of spouses both in the field of acquiring property and raising children, and in many others, therefore, if we continue further life together impossible, it is advisable to terminate such a marriage in order to avoid further problems.

It would be reasonable to resort to the procedure for dissolution of marriage, that is, to divorce. Family law, as a general rule, allows divorce in two ways: or.

The exception is cases where the marriage is dissolved automatically (commitment of a criminal offense by the spouse, recognition of him as dead, absent, as well as other grounds).

It often happens that family life does not satisfy only one of the parties. As a result, it is this party that initiates the divorce process. The course of the divorce proceedings is determined by the presence or absence of the consent of the second spouse to divorce.

If the second spouse agrees to terminate the marriage, then the divorce, in the absence of other claims to each other (property disputes or disputes about children), takes place in the registry office and takes only 1 month.

Divorce in court

The situation is significantly complicated when the second spouse is categorically against divorce and does not give his consent to it. In this case, the only way out of the situation will be to go to court with a unilateral divorce application, which is filed by the party that initiated the divorce.

The legislation does not provide for any grounds for starting a divorce process - that is, you can file for divorce in any case, and not necessarily only when the spouse commits certain actions or shows indecent behavior.

The only restriction in this matter, introduced by the Family Code, applies only to a man in a married couple - he cannot demand the termination of the marriage if his wife is in a position or the common child is not 12 months old from the date of birth. A woman, on the contrary, is allowed to act as the initiator of a divorce in any cases.

Divorce proceedings in court are a rather complicated procedure and require certain attention, since the correct execution of documents and compliance with other nuances will significantly save time in the proceedings.

To begin with, a spouse who wants to formalize a divorce needs to draw up and. In cases of this category, the presence of any specific form statement of claim not necessarily, therefore, the main thing will be to indicate in the application your requirements, as well as other circumstances that may be relevant to the case.

Required documents

Particular attention should be paid to the list of documents attached to the statement of claim. Together with the statement of claim, the court must send:

1. Receipt confirming the fact of payment of the state fee.
2. An extract from the house management confirming the place of residence of the second spouse.
3. Marriage certificate.

The statement of claim must be sent to the world court if there are no minor children from the marriage, as well as property claims. If there are any, the application is sent to the district court. This procedure is regulated by the Civil Procedure Code, which defines the categories of cases within the jurisdiction of certain courts.

When the claim is accepted for consideration, and the proceedings have already begun, the second spouse, who does not want a divorce, can significantly complicate the course of the case by his failure to appear in court or requests for a period of reconciliation. Indeed, the court has the right to offer the spouses up to 3 months for reconciliation.

It is possible to avoid the period for reconciliation if the statement of claim contains circumstances referring to the impossibility of reconciliation of the spouses. Such circumstances can be: misbehavior of the spouse, abuse of alcohol, gambling, etc.

These facts can be proven both documentary and with the help of witnesses.

The failure of the defendant to appear in court also significantly lengthens the process due to the postponement of the court session. However, if the defendant is properly notified, aware of the litigation and plaintiff's claims, but does not appear in court for the 3rd hearing, the plaintiff's claims will be considered satisfied and the marriage terminated.

Thus, the legislation does not prohibit divorce through the court without the consent of the second spouse, however, for its production and registration, certain procedures and conditions must be observed.

The marriage union is concluded only on a voluntary basis of both newlyweds. But what if during family life one of them wants to terminate the family relationship?

Sometimes it happens that the second spouse does not want to get a divorce, or for certain reasons avoids going to the registry office or the court.

In this case, it is important to know how to divorce your husband without his consent. And most importantly, it is necessary to follow the prescribed procedure for filing a divorce unilaterally.

The Family Code allows for unilateral divorce without the presence of the husband, but the main thing is to know all the nuances for filing a divorce. The first of them is the state body that will process the divorce.

There are 2 options for divorce:

• through the registry office;
• through the court.

In both cases, the absence of a husband is possible, but the registry office imposes stricter requirements for filing a divorce in this case.

It is important to understand that the registry offices can register acts of civil status only if both people agree to this and there are no disputes between them.

If there is a child, then such a divorce cannot be carried out by the registry office, since the fate of the child is decided during the dissolution of the marriage.

Government agencies are required to make sure that the rights of a minor citizen will not be infringed upon in the process of divorce.

Therefore, in the registry office, a marriage is dissolved if the following conditions are met:

• if both people agree to it;
• if there are no children from a joint marriage;
• if there is no property that the spouses cannot divide among themselves peacefully.

The presence of all these conditions makes it possible for a husband and wife to get a divorce without a trial.. This can save you a lot of time and nerves.

But the registry office staff, at their discretion, can provide this couple with an additional 2 months for reconciliation. If they also come at the specified time, then their marriage will be annulled.

Is it possible to get a divorce without the presence of a husband in the registry office? The law does not prohibit the authorities from refusing a couple only for the reason that both of them did not appear to submit an application.

There can be many reasons for the absence of a husband:

• he can leave for permanent residence in another city or country;
• he may be seriously ill;
• he can serve a criminal sentence.

And also various reasons are allowed. But registry office employees are required to make sure that the absent spouse really wants to file a divorce.

In addition, they must know that the application is signed by the citizen himself, or by his representative on a legal basis.

In order to determine whether it is possible to file a divorce in the absence of a spouse, you need to know the reason why he cannot appear at the registry office.

There are 3 main options here:

• good reason, documented;
• transfer of their powers to a trustee to file a divorce;
• divorce avoidance.

Good reasons include all those circumstances that force him to be in another place. It can be illness, work, permanent place of residence.

Then the person must document them. He can fill out an application for divorce and notarize it. Such a document will be the basis for confirming the consent of the person.

Then the wife will have to fill out the second part of this application in the presence of the registry office, and the divorce will be issued.

In addition, each person can transfer partial powers to perform certain actions on his behalf to a trusted person.

In this case, a power of attorney is issued at the notary to sign the divorce application. Then the divorce will be made in the presence of this person and the second spouse.

If the husband simply evades presence, it will not work to get a divorce in the registry office. Therefore, if the question arises whether it is possible to get a divorce without the consent of the husband, then this is permissible, but only in court.

There are some other circumstances when a divorce can still be made without the presence and consent of the husband. These situations include:

• if the husband is declared incompetent by the court, and there is an appropriate decision about this;
• if the husband is recognized as missing, and there is also a court decision;
• if the husband is serving a criminal sentence, and there is a court decision that has entered into force.

A similar situation is allowed when a husband files an application for divorce from his wife. In such circumstances, it is not the joint application for divorce form that is filled out, but Form 9.

In it, the applicant prescribes all the necessary information on his own behalf and indicates the reason for the absence of the second spouse, which gives the right to divorce unilaterally.

All disputes in Russia are always resolved in the courts.. Therefore, if there is any dispute regarding the divorce itself or the division of property after it, you need to go to court.

The jurisdiction of the judiciary also includes divorces in which minor children are involved, since the interests of the child must be taken into account when formalizing this procedure.

It is important to know in which instance you need to apply for a divorce. These questions are considered:

• justices of the peace;
• district or city courts.

Each of these instances has its own jurisdiction of cases. Justices of the peace hear claims in which:

• one of the spouses does not want to get a divorce, or avoids a divorce;
• when there is a property dispute, worth up to 50 thousand rubles.

All other cases are under the jurisdiction of city or district courts only. They consider, among other things:

• divorces involving minors from a common marriage;
• divorces with a property dispute of more than 50 thousand rubles.

As a general rule, the plaintiff must file an action in the court that is located in the place of residence of the defendant. But in exceptional cases, it is allowed to submit an application at your place of residence.

Such situations may include:

• the impossibility of attending a court session in another locality due to a small child;
• the impossibility of attending the trial due to the state of one's health or the health of close relatives.

There may be some other reasons as well. They must be documented. This evidence is submitted simultaneously to the court office along with the claim itself.

Divorce without the presence of one of the spouses is possible under the following circumstances:

1. This citizen was notified in the manner prescribed by law of the date and time of the meeting.
2. This person did not provide any evidence of good reasons ah missed the meeting.

In this case, the judge has the right to postpone the meeting several times, but usually on the third time he decides on a divorce.

The notification procedure is as follows:

• the person is sent a summons by letter at the place of his registration and residence;
• he can also receive an additional call from the office a few days before the meeting on a cell, work or home phone.

Consideration of cases during the transfer is usually scheduled with a difference of a month. Thus, within 3 months, the spouse without the consent of the husband will be able to file a divorce.

A copy of the decision will be sent to him by mail within 3 days.

Cases are considered more difficult and longer when the husband not only disagrees with the divorce, but also creates various disputes regarding the division of property or the place of residence of the child.

In this case, the case may be adjourned several times at the request of the parties in order to give them the opportunity to reach an amicable agreement or to find evidence to support their claims.

But if the defendant each time submits documents confirming the good reasons for his absence, the process will be postponed each time. This transfer procedure can occur an unlimited number of times.

Depending on the place where the application is sent, the procedure for compiling it will be different. When submitting it to the registry office, you must use the established standard forms to fill out the document.

At the same time, it is obligatory to fill in with the employees of the registry office. When the spouse is absent, but the wife has valid grounds for filing a divorce, Form 9 is completed.

The procedure will be as follows:

1. It is necessary to indicate the office of the registry office to which this document is sent.
2. Next, you need to write the name of the applicant.
3. In the text itself, the name of the second spouse is prescribed, with whom it is necessary to divorce.
4. Further, all information is entered into a tabular form about both spouses. This includes: full name, date and place of birth, citizenship and nationality, place of residence.
5. A mandatory separate item indicates the grounds for divorce. Only 3 options are allowed here: the incapacity of the husband, his disappearance without a trace, and criminal punishment.
6. Below it is indicated what surname the applicant wants to have after the divorce.
7. Followed by date and signature.

In all other situations, a joint application for divorce on Form 10 is completed. The procedure for filling it out provides for the presence of both spouses.

As an exception, it is allowed to fill out the document remotely by one of them, but then it must have a notary's mark of certification.

After that, the document is sent by mail or in any other way to the first spouse. And he goes with him to fill out the second part in the presence of the registry office.

The procedure for completing form 10 will be as follows:

If a trustee is present during the divorce, then he fills in the data about his principal, and puts his signature. The original power of attorney is attached to the application.

Divorce is a paid procedure, so in 2020 each spouse must pay a fee of 650 rubles for it.

If, under certain circumstances, a divorce is carried out only at the request of one of them, then only the applicant pays the state duty and it will amount to 350 rubles.

The procedure for filing a claim also provides for the obligation of the plaintiff to pay a state fee. Its size is 600 rubles.

But after that, when the spouses apply to the registry office with a court decision to obtain a certificate that their marriage has been dissolved, they will be forced to pay 650 rubles each again.

The procedure for filing a claim will be as follows:

1. You must indicate the name of the court to which this claim will be sent.
2. Below you need to write the applicant's full name, details of his passport, registration address and telephone number.
3. After that, similar information about the defendant is prescribed.
4. You must also indicate the cost of the claim and the amount of the paid state duty.
5. The name of the claim, its main essence.
6. Next, you need to register the details of the marriage certificate, the date of entry and by whom the marriage was registered.
7. It is necessary to specify the main circumstances under which this divorce can not be issued in the registry office or in another judicial instance.
8. The following are links to the legal acts that govern these legal relationships.
9. After that, you need to list your requirements for the divorce itself and other requirements related to minor children or property.
10. At the bottom of the list are all attachments to the claim.
11. Date and signature of the applicant.

It is important to remember that the plaintiff determines the cost of the claim himself. If there is no property dispute, then it must be indicated that the claim is not subject to assessment.

If there is property that the spouses share, then the plaintiff independently determines the total cost. The state duty also depends on this amount, since it is paid additionally for a property dispute.

In all cases, in addition to the main application, other documents are required. These include:

In some circumstances, some other papers may be required, especially when the dispute is being considered in court.

Here, certificates of income of each spouse, available property can be presented. This information is needed to determine the future place of residence of joint children.

Thus, it is possible to carry out a divorce without the consent of the spouse, but it is important to know how this procedure is carried out in order to submit an application of a certain form to the right authority.

In addition, it is important to collect a complete list of papers required to determine the reasons for the husband's disagreement. All disputes will always be resolved in court.

Therefore, when it is not possible to agree peacefully, each spouse should know that the divorce will still be formalized if one spouse wishes it.

Although, as practice shows, protracted consideration of such cases often leads to the fact that a married couple decides not to destroy their union.

That is why, from the first time, judges and registry office employees prefer not to dissolve the marriage of spouses, but provide time for reconciliation.

Video: How to divorce a husband without his consent?

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Termination of family relations without the consent of the second spouse can be carried out in various ways, including unilaterally in special cases. To do this, you must comply with the conditions and restrictions prescribed in family law.

Can they divorce without the consent of one of the spouses?

Yes, lack of consent is not an obstacle to divorce. After all, how can you save a family if one spouse wants to end all relationships, and the other is against it?

No one has the right to force the spouses to live together. The law allows the consent of the spouse to be taken into account only if there is a child under 1 year old - in this case, the mother of the child has the right to "veto" the divorce.

Unlike a divorce by mutual agreement, the process of dissolving a marriage without the consent of one of the spouses will simply be longer and more complicated. When terminating a marriage through the courts, the judge will carefully evaluate the chances of reconciliation of the spouses and may give time for reflection.

In general, the termination of the marriage union in this case may take from 2 to 4 months, depending on the circumstances of the case.

Where to apply?

The application is submitted:

• to the territorial offices of the registry office in exceptional cases;
• to the judicial authorities (world and district courts).

The grounds for choosing a specific divorce scheme depend on the presence of common children and on the presence of special circumstances.

Contacting the registry office

As a general rule, filing a divorce through the registry office is allowed only in the absence of family common child under the age of 18 and in the case of the consent of the second spouse to terminate the marriage.

If the spouses have children, then even the consent of both parties does not give them the right to apply for a divorce in the registry office. Divorce in the presence of children is allowed only through the court.

Conditions

For a divorce through the registry office, the following conditions must be met:

• The spouses do not have common children;
• Both spouses agree to a divorce.

In order for a spouse, regardless of the consent of the second or the presence of children, to independently submit an application to the registry office, one of the following grounds is required:

• the second spouse must be officially recognized as legally incompetent;
• the second spouse is declared missing;
• a spouse who is absent or disagrees with the divorce is imprisoned for a term of more than three years by a court verdict.

Note! Each of these circumstances must be properly confirmed by a court decision. This document will need to be submitted at the same time as the divorce application.

The unilateral procedure for terminating family relations through the registry office involves checking the grounds for filing an application, as well as providing a period for reconciliation or changing one's decision.

The period after which the registry office carries out a divorce is 1 month.

If the applicant presents proper evidence of the presence of one of the above circumstances, the consent of the second half is not required.

Going to court

One of the most traditional questions asked by family lawyers by citizens is “Is it possible to dissolve a marriage without the consent of the second spouse if he evades filing an application with the registry office?”. Yes, you can, but not through the registry office (unless, of course, you have the circumstances described above).

Such an opportunity will be available only through the court, where the lack of consent of the marriage partner will have legal significance only for determining the general term for the consideration of the case and reflecting the position of the dissenting spouse in the decision and case materials.

Note! As a general rule, divorce proceedings through the court will take place at the place of residence of the defendant. Exceptions are allowed for cases where the plaintiff lives with a minor child or when the arrival at the court at the place of residence of the defendant is sick.

The legal basis for launching a divorce proceeding through the court will be a statement of claim. Each of the spouses has the right to file a divorce suit, however, Article 17 of the RF IC establishes certain restrictions for a husband on a unilateral divorce.

Conditions

Any of the following circumstances must be present in order to apply to the court:

• the presence in the family of one or more children under the age of 18;
• objection of one of the partners to the termination of family relations through the registry office;
• evasion of one of the spouses from filing a joint application with the registry office.

controversy about future fate children are essential for establishing the jurisdiction of the dispute.

• If there is no dispute about children, the spouse who wants a divorce needs to file a lawsuit with the Magistrate's Court;
• If the parents of the child have not decided with whom the child will remain and how his upbringing will be carried out, it is necessary to apply to the district court.

When you can’t get a divorce if one of the spouses is against

In the cases referred to in Art. 17 of the RF IC it will be impossible for her husband. These exceptional circumstances include:

• wife's pregnancy;
• the presence in the family of a common child under the age of one year;

The one-year period from the moment of the birth of the child is also relevant for cases where the child was born dead or died some time after birth.

These restrictions are related to the need to provide social and material guarantees for the wife, who is obviously dependent on her marriage partner due to pregnancy and raising a newborn.

Specified in Art. 17 of the RF IC, the circumstances may become known to the court only after the wife sends objections to the claim, since the plaintiff is not obliged to indicate these circumstances. For this reason, the court may accept the application for processing, and then refuse to consider it.

As supporting documents, the defendant must attach the birth certificate of the child or a medical certificate from the antenatal clinic.

Consent to divorce in such circumstances will be not only a written document addressed to the court, but also the absence of objections (if the defendant was properly notified of the trial). For the court, the consent of the wife can be issued in the form of a response to the statement of claim for divorce, or the wife can verbally declare her consent to the divorce during the court session. In any case, in order to get a chance to divorce, you must first obtain the consent of the mother of a young child.

pay attention to additional material: .

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

If there are no children

• Statement of claim
• A copy of the claim for the defendant;
• Receipt of payment of the fee (original);
• Copy of the passport;
• A copy of the marriage certificate or certificate of its conclusion;
• Information about the place of residence of the defendant.

All documents, except for information about the state duty, are provided in copies. If the plaintiff does not plan to attend the hearing and cannot show the original documents to the court for review, the court may request certified copies of the documents.

If there are children

1. Statement of claim
2. A copy of the claim for the defendant;
3. The original receipt for the payment of the fee;
4. Copies of: passports, marriage certificates, birth certificates of a child;
5. Certificates of residence of the defendant and children;
6. Other documents confirming the stated in the claim: evidence of expenses for children; information about bringing the second spouse to any responsibility; other data.
7. Spouse's income statements; information about spending on children - when proving the need for a child to live with one of the spouses.

All documents must be submitted in duplicate, as they will be sent to the defendant along with the claim. It is possible not to submit in duplicate the documents that the defendant has.

Documents are submitted in copies, if the plaintiff does not plan to participate in the court, it is desirable to notarize the copies. Otherwise, the court will postpone the hearing and request the original documents if there is doubt about the correctness of the information provided.

How to get a divorce if one of the spouses does not agree to a divorce and there are no children

To do this, you must apply to the court, prepare an appropriate claim, take part in the court session and wait for the court decision to come into force.

Procedure and algorithm of actions

1. Determination of the grounds for going to court. An attempt to resolve the issue of divorce on a voluntary basis.
2. Preparation of a claim and collection of necessary documents.
3. Filing a statement of claim in the court at the place of residence of the defendant or, at the choice of the plaintiff, if a minor child lives with the plaintiff.
4. Consideration of a claim. Participation in the court session is optional, however, in order to fail to appear in court, it is necessary to notify the judge and file a corresponding petition.
5. Issuance of a court decision.
6. Time limit for appealing against the decision, after which the decision becomes effective.
7. Applying to the registry office with a court decision to obtain a certificate of divorce and filing a divorce in the final form.

How is the process

The process of divorce without the consent of the spouse and in the absence of children is most often complicated by the absence of the second spouse in court. He may both intentionally interfere with the divorce procedure, or, for a good reason, not have the opportunity to arrive at the court session.

Circumstances that may be recognized as valid reasons for divorce in the absence of a spouse are:

• prolonged absence from the place of residence (service in the Armed Forces, business trip, etc.);
• the presence of a serious illness;
• territorial distance from the location of the court.

When divorced in judicial order It is important to take into account the following features of the process:

1. Each party, and in particular the spouse opposing the divorce, must be duly notified of the place and time of each court session by notice;
2. The failure of the plaintiff to appear without good reason may be grounds for terminating the proceedings;
3. The defendant's failure to appear without good reason allows the claim to be considered without it, but only on condition that there is evidence of notification;
4. The inability to establish the current location of the defendant allows the court to make a decision to terminate the marriage with the involvement of a defense attorney at the expense of the federal budget to protect the interests of the absent defendant.

If the defendant raises an objection to the claim in court, the court has the right to give the parties time for possible reconciliation. The maximum period of such a procedure cannot exceed three months, but for this there must be good reasons and clear signs that it is possible to save the family. The categorical unwillingness of the plaintiff to save the marriage is a decisive factor.

If the court ruled absentee decision, the absent spouse will be able to file a complaint against him after actually receiving a copy judicial act within seven days. The basis for such cancellation will be the existence of circumstances that, in the event of the presence of a spouse in court, could affect the decision.

The reasons why the defendant may not be notified of the time of the meeting may be different:

• change of residence without notifying the court and the second spouse;
• deliberate avoidance of failure to appear in court and receipt of court notices;
• other objective and subjective circumstances.

The issuance of a court order will be the basis for applying to the registry office, where the official registration of the termination of family relations will be held.

Read more about the procedure for divorce through the courts.

Statement of claim

Documents are submitted to the court general rules legal proceedings in a civil process, prescribed in Art. 131-132 Code of Civil Procedure of the Russian Federation.

The application must be made in writing and sent to the court at the place of residence of the defendant (except in cases where the initiator of the divorce is given the right to choose jurisdiction).

• name and address of the court, personal data of the parties;
• an indication of the current family relations and the date of their official registration;
• reasons for divorce;
• an indication of the presence of grounds that prevent the termination of family relations through the registry office;
• an indication of the absence of children, the absence of any other disputes;
• request for a divorce.

The court must indicate at least a formal reason for the divorce, and the reason for going to court will be the lack of consent of the partner or his evasion from appearing in the registry office for a voluntary divorce.

The claim is filed in person in court or sent by mail, registered mail.

IMPORTANT: From January 1, 2018, it is possible to file documents for divorce in electronic form, however, this will require a valid EDS.

Sample Application

The presented sample petition for divorce without the consent of the divorce is exemplary and is intended for informational purposes only. It does not reflect the most difficult situations, such as a dispute about children or the determination of the place and order of their residence with their parents.

Only an experienced lawyer will be able to correctly determine all the individual features of your case. Request a free online consultation with our legal experts right now!

You can download a sample claim for further editing from the link below.

State duty

The amount of the state duty payable when filing a divorce suit is 600 rubles and is fixed.

In addition, you will have to pay a fee if claims are made for the division of property. The division of property is a requirement of a property nature and the fee for its consideration will be calculated according to the rules for property claims in Part 1 of Art. 33.19 of the Tax Code of the Russian Federation.

Note! Payment of the state duty is carried out by the applicant according to the details of the court to which he applies. You need to clarify them directly in the court where you have to apply.

How to get a divorce if one of the spouses does not agree and there are children

Most often, divorce with the disagreement of the spouse and in the presence of children is accompanied by a dispute about the future of the child. If the spouse does not want to divorce and is against the termination of the marriage, it will hardly be possible to peacefully resolve the issue of the place of residence of the child.

In this case, the dispute will be considered in the district court with the simultaneous clarification of the issue of the future of the children and the establishment of their place of residence. It is disagreement that is a key factor complicating divorce.

With the consent of the spouses with the divorce and if there were children, the dissolution of the marriage would be carried out within 1 month through the Magistrate's Court, and in the case of a dispute about children, the hearing of the case may take at least 2 months. Not counting the date of entry into force of the decision.

Order, algorithm of actions

Simplified, the procedure for divorce without the consent of the spouse if there are children is as follows:

1. Negotiations with the second spouse, an attempt to agree on a divorce on a voluntary basis.
2. Preparation of a claim, collection of documents, evidence;
3. Filing a claim in court in person or through a reception;
4. Court session, during which it is possible:
   • Request for information and documents by the court;
   • Appointment of a forensic psychological examination to determine the child's attachment to each of the parents;
   • Sending letters of request to interview a spouse living in another city/country;
   • Postponement of meetings due to the absence of the second spouse.
5. Adjudication;
6. Deadline for entry into force or possible appeal.
7. Appeal of the decision for execution through the bodies of the registry office.

IMPORTANT: Each case is individual. And the possible nuances of divorce in each case may be different. Consult with a lawyer to identify all relevant circumstances.

Procedure

General and particular conditions for starting a judicial procedure for terminating marital relations with children are established by the Family Code of the Russian Federation.

If there is a dispute about children and the spouse categorically disagrees with the divorce, the judge needs to find out:

• Who provides for the maintenance of the child;
• With whom the child will be better to live;
• Which parent is the child most attached to?
• Will the communication of the child with the second parent leaving the family not affect the harm?

In some cases, a forensic psychological examination may be required. The court raises the essence of the questions before the experts individually for each case. Subject to the wishes of the parties.

The best way to solve this problem is to try to reach an agreement with the mother of the child. If the father expects to leave a minor child with him, he must prove the possibility of providing the most comfortable living conditions, as well as guarantee unhindered communication with the child of his mother and close relatives.

If the court determines that it is impossible to reconcile the spouses, the court determines the circumstances significant for the future life of the child and dissolves the marriage, simultaneously determining the place of residence of the minor family member.

Statement of claim

The claim is drawn up according to the rules of Art. 131-132 of the Code of Civil Procedure of the Russian Federation and contains both standard data relevant for any application for divorce, and individual data applicable to divorce without consent in the presence of children.

The claim must show:

1. Name of the court, full names of the parties and addresses;
2. Information about the circumstances of the dispute: date of marriage; information about the actual termination of relations; information about children (name, date of birth, place of residence);
3. Reasons for divorce;
4. Information about the disagreement of the second spouse;
5. Information about the position on the issue of children, whether the consent of the spouses has been reached at their place of residence.
6. Date, signature, list of attached documents.

The application can be submitted both in person through the reception of the court, and sent to the address of the court by registered mail. If you have an EDS, you can submit documents electronically.

Claim Form

This sample claim reflects a fairly simple situation of divorce in the presence of children and if the spouse does not agree.

In practice, disputes of this kind are often complicated by the recovery of alimony and the division of property. The law does not prohibit combining them in one statement of claim, but in practice such large-scale cases can drag on for several months.

To clarify all the actual circumstances, it is strongly recommended to consult with an experienced lawyer. The specialists of our site are ready to advise you right now and completely free of charge.

State duty

The amount of the state duty for divorce in the presence of children and in case of disagreement of the spouse does not differ from the consideration of a claim for divorce, not complicated by such circumstances.

600 rubles - this is how much you need to pay the state fee when filing a claim. The amount of this fee is the same for any claims for divorce.

In addition, you will have to pay only if other requirements are stated in the divorce suit:

• On the division of property - according to the rules for calculating the fee for claims of a property nature, set out in Art. 333.19 of the Tax Code of the Russian Federation.
• On determining the place of residence of children or the procedure for communicating with them - 300 rubles for each request.

Also, a fee in the amount of 150 rubles will be collected from the defendant if a claim for the recovery of alimony is filed. Plaintiffs in this category of cases are exempted from paying it.

IMPORTANT: The document on payment of the fee is submitted strictly in the original. If the amount was deposited via Internet banking, you need to contact the bank office for a confirmation document certified by a seal.

Difficulties in the divorce process in case of disagreement of the spouse

Due to the emotional specifics of divorce cases, the parties are often deprived of the opportunity to soberly assess the situation. The intensity of passions in a divorce lawsuit without the consent of one of the spouses excludes independent protection of rights and interests, requiring the help of an experienced lawyer.

In addition, the divorce process is complicated by the following factors:

• Strict requirements for the content of the application;
• A wide range of additional evidence in cases complicated by disputes about children, their maintenance or the division of property;
• Difficulties in the consideration of the case when the defendant fails to appear and deliberately delays the consideration of the case.

The help of an experienced lawyer will allow you to complete family relationships that have ceased to bring joy as quickly and conveniently as possible with minimal emotional and financial losses.

• Due to the constant change in legislation, by-laws and judicial practice, sometimes we do not have time to update the information on the site
• Your legal problem in 90% of cases is individual, so self-protection of rights and basic options for resolving the situation may often not be suitable and will only complicate the process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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It is possible to obtain a divorce without the presence or consent of the wife. The task of the husband is to correctly determine exactly where the termination of the relationship will take place. The form of the submitted document and the procedure for its further consideration depend on this.

Where to file for divorce: registry office or court?

The official dissolution of marriage is carried out in the registry office or in court. To understand where to turn, you should consider the possible circumstances under which the termination of the relationship occurs.

Circumstances	MARRIAGE REGISTRY	Magistrate's Court	District, city court
Wife does not agree	-	-	Yes
	-	-	-
The spouse is absent because she has been declared legally incompetent, missing or convicted for more than 3 years	Yes, even if there are common children under the age of 18	-	-
The spouse agrees, while: No children, property is not divided	Yes	-	-
There are minor children over 1 year old, the issue of their place of residence has been resolved	-	Yes, subject to the provision of an agreement on children, certified by a notary	-
There are minor children older than 1 year, there is a dispute about the place of residence of children	-	-	Yes
The couple has children under 1 year old, the wife is pregnant	-	Yes, if the price of a claim in a property dispute is less than 50 thousand rubles. and all questions about children are resolved	Yes, if the price of a claim in a property dispute is more than 50 thousand rubles. or the issue of the place of residence of children has not been resolved
The cost of jointly acquired property is not more than 50 thousand rubles.	-	Yes, if the issue of the place of residence of children is resolved	-
The cost of jointly acquired property is over 50 thousand rubles.	-	-	Yes

: form No. 8 or No. 9, and for obtaining a certificate after the trial - form No. 10.

The court accepts statements of claim, which indicate the reasons for the rupture of relations. At the same time, a number of related issues can be considered: about the place of residence of children, the procedure for communicating with them, the payment of alimony, the division of property.

How to file for divorce at the registry office without a wife

An appeal to the registry office is possible under a combination of circumstances:

• the spouse agrees to the divorce;
• the couple does not have common minor children;
• there is no need to divide the property.

The reason for the absence of a wife may be illness, a long long trip and other factors for which a woman wants, but cannot apply to the registry office.

Which registry office should I contact?

The husband should apply at the place of residence or at the place of registration of marriage (FZ "On acts of civil status" dated 11/15/1997). It is advisable to immediately find out the details of a state institution for making a state duty.

Payment of state duty upon application

If both spouses agree to the dissolution of the marriage, they must pay 650 rubles each. (Article 333.26 of the Tax Code of the Russian Federation). Receipts (checks) should be kept and pinned to the completed application.

When applying unilaterally, the husband must pay a state duty of 350 rubles.

Filling out an application

If the spouse agrees to divorce, the husband must fill out an application in the form No. 8. The form is divided into 2 halves, each of which each fills out independently.

Download sample application

The spouse does not have the right to complete the application completely on their own. The wife remotely enters the data in her copy in the “she” column and turns to the notary to certify the document.

The application must contain the following information:

• full name of the civil registration authority;
• passport data: full name, place of registration; citizenship and nationality may not be indicated;
• details of the existing marriage certificate;
• date, time of divorce, agreed with both parties;
• series, passport number of each spouse:
• expressing a desire to change the surname;
• date of filling out the document, signatures of both parties.

Having received a copy of his wife, the husband goes to the registry office.

Divorce unilaterally

Art. 19 of the RF IC provides for registration of a divorce in the registry office, even if there are minor children. The husband has the right to apply to the state body independently if:

• spouse declared missing;
• the wife is incompetent by the court;
• the wife committed a crime, and the court decision came into force to deprive her of liberty for a period of more than 3 years.

The application will take the following form:

The essential difference between form No. 8 and form 9 is that it is filled out only by the spouse alone.

Additionally, data is entered if the wife:

• convicted for more than 3 years - the name of the court, the date of the sentence and its contents;
• missing - the details of the decision to recognize her as missing in court;
• incapacitated - these decisions are made to recognize her as incapacitated.

The documents specified in the application must be confirmed by the originals or notarized copies of the extract of the court decision, the guilty verdict.

Since a spouse who is absent for the indicated reasons cannot appear in court, her interests are cleared by guardians or property managers in case of absence without a trace.

After accepting the application, the registry office notifies of the dissolution of the marriage:

• the guardian of the incapacitated within 30 days;
• a spouse who is in prison for up to 3 days, after which she is given a month to decide on a change of surname.

After completing all the formalities, a month after the application is submitted, the marriage will be dissolved. An appropriate entry is made in the register of acts of civil status, and spouses are issued certificates of divorce. A spouse serving a term in a colony will receive a document after their release.

Documents for divorce in the registry office without the knowledge of the wife

No matter how much the spouse wishes to avoid a showdown, it is impossible to get a divorce in the registry office without the knowledge of the spouse, if she is in good health. The husband does not have the right to independently file an application for divorce at the registry office and hide the fact of divorce from his wife.

An exceptional case is a divorce from a spouse who has been declared missing. It is physically impossible to notify her. In this case, you will need documents:

• application for divorce;
• identity card for verification at the registry office;
• Marriage certificate;
• a court decision declaring the spouse missing;
• check for payment of state duty.

If the spouse is at large, her place of residence is known, she must send her copy of the application through an official representative or by registered mail.

How to file for divorce without a wife

The husband files a divorce suit in court if the wife lives away from her husband, does not want to meet her husband face to face due to personal enmity, is seriously ill, and her movement is difficult, and for other weighty reasons.

The claim shall be filed at the place of residence of the defendant. The plaintiff has the right to apply at his own place of residence if he is seriously ill or has to look after minor child(own or someone else's).

State duty

The filing fee must be paid prior to filing the claim. It will be 600 rubles. After receiving the court decision, the plaintiff and the defendant must pay another 650 rubles each. when applying to the registry office for and entering relevant information into the civil registration book.

Claim Form

The statement of claim shall be submitted exclusively in writing. The claim reflects information (Article 31 of the Code of Civil Procedure of the Russian Federation):

• the name of the judicial authority;
• information about the plaintiff and the defendant: full name, address by registration and actual place of residence; information about the authorized person of the plaintiff;
• when the marriage union was concluded, at what time the relationship was actually terminated;
• why divorce occurs, what was the main reason and why reconciliation is impossible;
• petition for divorce;
• list of attachments to the claim;
• date and signature.

Sample letter of claim for dissolution of marriage with wife:

Download sample application

If the spouse does not agree to file a divorce, the document should indicate: “The wife does not consent to the dissolution of the marriage for the reason (indicate what motivates the spouse’s refusal). I do not want to keep the family, because (betrayal, absence from home at night, alcohol abuse or other reasons) are significant for me, and I do not allow the possibility of reconciliation and preservation of the family.

After accepting the claim, the court sets a date for the hearing. The defendant will be sent a summons on a certain date, but not earlier than one month from the date of filing the document. Information will come by mail, telegram or telephone message.

The absence of the spouse is regarded by the judge as ignoring the process, lack of interest in what is happening.

In the absence of the wife, the judge makes one of the possible decisions:

• set a different date for the meeting;
• immediately decide on the dissolution of the marriage.

In practice, a 3-fold failure to appear in court becomes the reason for a divorce automatically.

How to avoid postponement of the court session?

To speed up the process of dissolution of marriage without a wife will help her consent to divorce.

The document indicates the data of the parties to the process, provides information about the absence of claims against the husband. Consent is certified by a notary, subject to the presence of the applicant and the presence of an identity card.

Sample Consent:

Question answer

• The husband lives in Russia, and the wife lives in Poland. The wife found out that her husband officially entered into a new marriage. How is this possible?
  It is impossible to file a divorce in the registry office without notifying the second spouse, unless he is declared missing. It is highly likely that the husband filed a lawsuit for divorce, where he entered incorrect data about the place of residence of his wife, withholding information about temporary residence in Poland. The wife did not receive the agenda and did not appear at the meeting. If the situation is repeated three times, the court breeds without the presence of his wife. The husband only had to take the decision and issue a certificate of divorce at the registry office, after which he was able to enter into a second marriage.
• The wife was sentenced to 2 years. Is it possible to divorce her in a simplified manner by contacting the registry office? There are no common children.
  If the period of stay of the spouse is less than 3 years, the divorce is carried out in accordance with the general procedure. To apply to the registry office, you must obtain the consent of your wife for a divorce. If she is against it, you should file a lawsuit. The spouse will not be able to defend the rights in court in person, since, according to Art. 77 of the Code of Criminal Procedure, she is subject to escort only when considering a criminal case. Her interests will be represented by a lawyer. The power of attorney to conduct the case will be certified by the head of the correctional colony. The wife will be provided with all the documents on the case, with which she can familiarize herself and decide on further actions.

Marriage requires the consent of both spouses to live together. Therefore, if one of them, he has every right to do this even if the other spouse does not agree to a divorce. At the same time, divorce is possible even if the spouses have minor children.

Grounds for Divorce

The unwillingness of one of the spouses to continue cohabitation, from the point of view of the current Russian legislation, is sufficient grounds for terminating the marriage. However, it should be borne in mind that the Family Code of the Russian Federation, registered in the code of laws of our country under the number 223-FZ of December 29, 1995, provides for two main ways to formalize a divorce.

The first of them is the registration of all related legal formalities directly in the civil registry offices. However, it must be taken into account that this simpler method is applicable only if the spouses planning a divorce do not have minor children, and both of them agree to the dissolution of the marriage.

However, article 21 family code Russian Federation stipulates that if in a particular situation at least one of these conditions exists - the presence of minor children or the absence of the consent of one of the spouses to divorce - it is necessary to carry out the divorce procedure in court.

The procedure for dissolution of marriage

If one of the spouses does not agree to the divorce, the other spouse may apply to the court for a divorce. However, it must be borne in mind that in this situation, and especially in the presence of children, the court is likely to take steps to try to reconcile the spouses and avoid divorce. For example, he can postpone the case for up to three months, giving the man and woman the opportunity to clarify their differences.

If, within the period provided by the court, the spouse who wants a divorce does not change his decision, the court will proceed to consider the case. At the same time, he will certainly take into account the legitimate rights and interests of children, determining with whom and in what conditions they will live, what will be the amount of alimony paid by a spouse who does not live with children, and other points directly related to the observance of the rights of minor children in the event of a divorce of parents.

If the husband initiates the divorce, he must take into account that the fact of the wife's pregnancy imposes certain restrictions on the possibility of divorce. So, he cannot file an appropriate application with the court while she is carrying a child, as well as within a year after his birth.