Unilateral divorce without the presence of the husband

Citizens of the Russian Federation have the right to marry and dissolve it at their own request. However, the situation may be complicated by the presence of children or the desire to perform the procedure on the part of only one of the spouses. When figuring out how to file for divorce unilaterally , a citizen must understand that the application is not always approved. It is necessary to comply with the established rules for performing the procedure, the nuances of divorce in the presence of a child, the increase in state fees, lists of documents and deadlines for completing the procedure. We'll talk about this later.

Features of the procedure

The current legislation establishes the rules for initiating and completing divorce proceedings.

In particular, the following features must be taken into account:

• Only persons with legal capacity can initiate divorce. If a person is deprived of legal capacity, the citizen’s guardian can initiate the procedure. If a person has limited legal capacity, he can initiate the process independently. However, all legally significant actions will be carried out for the person by his trustees.
• The presence of children does not affect the outcome of the proceedings. The marriage of a man and a woman will be dissolved. Disputes concerning the child will be considered separately.
• You can get a divorce through the registry office or the court. The first instance registers the divorce. If disputes arise during the termination process, the court will resolve them.
• Only legal spouses have the right to terminate legal relations. If a marriage was registered in violation of the established rules, it will be declared invalid in court.
• Spouses may demand to divide joint property, determine the place of residence of a minor child, and collect alimony. Additional demands can be made simultaneously with the request for divorce, in parallel or after completion of the divorce procedure.

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Reasons for divorce without the participation of the parties

The Family Code (Article 19) provides the right to unilaterally dissolve a marriage through the registry office in cases where one of the spouses is unable to express consent for objective reasons.

When the registry office dissolves a marriage without the presence of the husband or wife:

• the second spouse was declared missing in court;
• the husband (wife) is officially declared legally incompetent;
• one of the spouses is in prison for a term of more than 3 years.

Divorce under such circumstances takes place within a month. It does not matter whether the spouses have minor children.

However, the law is not limited to this. There are a number of reasons when performing a procedure without one of the participants is completely justified. It is only important that they are documented.

When can a marriage be dissolved without the participation of one of the spouses?:

• the husband or wife lives in another area for a long time;
• one of the spouses performs official duties in another region;
• The health condition of one of the divorcees does not allow him to attend court in person.

The authorities also consider applications for divorce in cases where the spouses categorically do not want to meet with each other, as well as if, due to excessive work, one of them is not able to personally participate in the procedure.

One of the reasons for failure to appear in court is often the intention of one of the divorcing people to stall for time. Typically, this method is resorted to by those who do not agree with the initiative of their other half. However, after the third failure to appear without a valid reason, the decision on divorce is made automatically.

What to do if you have a child

When figuring out how to file a unilateral divorce, a person must first of all take into account the fact of the presence of minor common children. If they exist, this is grounds for going to court. The issue is being considered by the world and regional authorities. It all depends on the issues that the person wants to resolve in court. The magistrate deals with divorce, division of property if its price is less than 50,000 rubles, as well as the collection of alimony. If it is necessary to determine the order of communication of children, their place of permanent residence, as well as to divide property, the price of which is higher, it is necessary to contact the district authority.

By the way! If spouses want to resolve issues that are within the jurisdiction of different authorities, it is permissible to prepare several claims at once and send them to the appropriate court.

The proceedings can be expedited if the spouses independently reach an agreement and document the decisions made.

How to divorce a foreigner without his presence

If the spouse, as a citizen of another state, does not interfere with the divorce, the entire procedure carried out does not differ from the one when the marriage is dissolved by citizens of the Russian Federation.

Difficulties may arise in the following situations:

• there is no notarized consent of the spouse;
• uncertainty regarding the location of the court hearing;
• difficulties with notification of the place and time of the court hearing.

It is worth considering that if the spouses cannot make a decision that would suit both parties, the period of living apart increases to three years. If the foreign spouse does not live in Russia, then the statement of claim is sent to his last known place of residence.

In the application, the plaintiff must indicate that he does not know the defendant’s place of residence. If his residence address is known, then you should point out the difficulty of going to him for a divorce, and also refer to the right to terminate family relations through the court of the Russian Federation.

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If children are absent

If a spouse wants to apply for a unilateral divorce without children, he must contact the court. The registry office does not consider such issues. The process itself is not much different from divorce in the presence of minor children. However, the absence of additional fees will speed up the procedure. The rules are the same. If the property that needs to be divided is less than 50,000 rubles, the claim must be sent to the magistrate. When the price of the property is higher, the district court will deal with the dispute.

Regulatory framework

Unilateral divorce through the registry office

The method allows you to quickly end family legal relations. In addition, you must contact the authority to register a divorce completed through the court. You must submit your application at your place of residence, location or marriage. The main thing is that the appeal is made to one organization.

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How to act

If a person wants to submit an application unilaterally without children, it is worth following a certain sequence.

The citizen will have to:

• Prepare a package of documents.
• Contact the authorized body.
• Fill out an application for unilateral divorce.
• Submit the application and package of documents to an authorized specialist, and also pay the state fee.
• Wait for the specified period of time, then receive a certificate of termination.

If the divorce has already been completed, the procedure for issuing a divorce certificate will be completed within 24 hours. It is enough to present an extract from the court decision and provide other necessary documents.

List of papers for unilateral divorce

In order for the applicant’s requirements to be satisfied, he is required to collect a list of papers.

The list will include:

• spouse's passport and marriage certificate;
• receipt of payment of state duty;
• power of attorney if a third party acts on behalf of the applicant;
• a copy of the court decision confirming the recognition of the spouse as incompetent, missing or sentenced to imprisonment for a term of at least 3 years.

Payment details can be obtained after submitting documentation. The receipt is presented last.

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Rules for filling out an application

The document form is issued by the Civil Registry Office. The contents of the paper are enshrined in Article 34 of the RF IC.

The spouse must indicate:

• information about yourself and your husband or wife;
• grounds for termination of family legal relations;
• the number of joint minor children, if any;
• data on registration of family legal relations;
• the surname that the person wants to keep after the divorce;
• passport details;
• date of filling out the application;
• applicant's signature.

Application form (form No. 9)

Terms of unilateral divorce

The process lasts one month. When the procedure is completed, the person is free from marital ties. Documentary evidence of this is provided. The divorce certificate is issued immediately.

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State duty amount

If a spouse is declared untimely absent or incompetent, an additional 350 rubles must be paid. When a divorce is carried out in court, you have to provide 650 rubles.

Divorce in the Magistrates' Court

Unilateral dissolution of a marriage with children occurs in a magistrate's court in the absence of a dispute regarding them. The wife has the right to file a claim in any situation, but with regards to the husband there are some restrictions:

• wife's pregnancy;
• having a common child who is under 1 year old.

Example : After three years of marriage, a husband decided to divorce his wife. The wife spoke out against termination, since they have a child who is only 11 months old. In addition, at the court hearing it turned out that the wife was two months pregnant. Based on Art. 17 of the RF IC, the plaintiff’s claim was rejected.

The magistrate may try to try on the spouses. Basically, this happens when one spouse is against the divorce. A period of up to 3 months is allotted. If during this time the spouses do not reconcile, then the judge considers the case on its merits and makes a decision on divorce.

Litigation initiated by one of the spouses

If a person wants to file for divorce unilaterally if there is a child or there is a dispute, the procedure will be carried out through the court. There are a number of steps to complete. Additional requirements will extend the duration of the proceedings. However, they can be nominated later.

Standard procedure

Experts advise sticking to a certain pattern.

The citizen will have to:

• Find out which court will hear the case, and then draw up a claim and collect the necessary papers.
• Submit the documentation to the authorized body and pay the state fee.
• Follow the judge's instructions and take part in the proceedings.
• Find out the final solution. If the citizen is not satisfied with it, the verdict can be challenged.

The divorce will take place one month after the court decision is made. This is how long it takes for the act to come into force.

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Current jurisdiction

The spouses will have to determine the so-called territorial jurisdiction. The statement of claim must be sent to the authority located at the defendant’s place of residence. The exception is cases when a person lives with a minor child, there is an illness, and the document provides the person with certain benefits. In the above situations, the plaintiff can contact the authorized body at his place of residence.

Preparation of documents

The list of papers is almost identical to the list that must be collected in order to dissolve a marriage through the registry office.

The person must provide:

• certificate of registration of family legal relations;
• identification;
• birth certificate of joint minor children;
• power of attorney if the interests of the spouse will be represented by another person;
• a receipt confirming the fact of payment of the state duty;
• a health certificate if a person wants to file a claim at his place of residence.

Filling out an application

The claim is considered the main document allowing for divorce through the court. Therefore, it is necessary to approach the preparation of paper carefully.

The form must include the following information:

• information about the plaintiff and defendant;
• name of the court;
• information about the representative if the person for any reason cannot independently participate in the proceedings;
• reasons for unilateral treatment;
• grounds for termination;
• information about joint children, if present;
• date of registration of family legal relations;
• the requirements put forward;
• list of applications;
• data for operational communication;
• signature and date of preparation of the paper.

Sample statement of claim for divorce

Application consideration period

The duration of the procedure directly depends on which authority will consider the appeal. If the claim is filed in the magistrate's court, a decision will be made within a month. When the case is under the jurisdiction of the district court, it will take at least two months to consider the situation. Additionally, it is worth considering from what moment the period begins to be calculated. If we are talking about a magistrate's court, the period starts from the day the case is accepted for proceedings. When an appeal is filed in the district court, the presentation of the claim is taken into account. The difference between the above dates is usually about 5 days. The period may be shorter if the decision is made more quickly. When errors are made in a claim, the time limit may extend.

Please note: Once a decision is made, it does not take effect immediately. Participants in the proceedings must wait at least a month for the procedure to take place. If the decision is not appealed during this time, the termination will be considered valid.

As a result, the entire procedure takes about 2–3 months. A divorce can be extended if the parties are given time to apply, correct mistakes, etc.

State duty amount

If a spouse wants to divorce, the state fee will be 600 rubles. When additional property claims are made, the amount of payment will depend on their value. The indicator varies from 0.5 to 4% of the value of the property.

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Benefits have been established for a number of persons. In particular, they can be used by citizens who protect the legal rights and interests of minors.

Obtaining a divorce certificate

The document is issued by the Civil Registry Office.

The paper reflects the following information:

• information about the persons who filed the divorce;
• data on the certificate of registration of family legal relations;
• date of divorce;
• number and date of registration;
• information about the civil registry office department that dissolved the marriage;
• Full name of the recipient of the document;
• date of issue.

Documents are provided to both spouses. However, it is not necessary to receive the paper at the same time.

Is it possible to get a divorce without the presence of a husband or wife?

As a rule, a marriage is dissolved with the participation of both spouses. Mutual consent implies a simplified termination procedure and therefore does not take much time. But there are often situations when one of the parties, for whatever reason, does not appear for the procedure for dissolving family ties. However, this will not be considered a sufficient reason to reject the divorce petition.

Divorce is a common occurrence among married couples.

Reasons for divorce when one of the couple is absent:

1. When the second spouse is physically unable to attend the divorce process (and this is not related to opposition to the divorce).
2. Intentional absence (refusal to participate in the divorce proceedings due to disagreement with the divorce).
3. Reluctance to meet with your spouse.
4. Aggressive behavior of one of the parties due to rejection of the divorce.
5. Lack of information about the spouse’s place of residence.

Video: example of divorce without the presence of a wife

When it is impossible to attend a divorce due to circumstances

It sometimes happens that the other half is not able to appear at the registry office or court for the divorce procedure, even if they agree to such a process.

The reasons for this may be:

• distance from the place where the divorce process is to take place (residence in another city);
• professional employment in another area;
• absence due to physical condition (serious illness or disability).

If it turns out that the second spouse cannot come to the registry office or court, but he agrees with the decision to divorce, then in this case it is necessary to obtain evidence of the very fact of impossibility of presence. In addition, he must confirm his knowledge of the procedure being carried out. The absent person is required to file a claim for divorce without his participation and consent to the divorce in the form of a written statement.

Is remote divorce acceptable?

If a person is abroad or the current territorial jurisdiction is inconvenient for him, this is not an obstacle to filing an application for divorce. You can contact the authorized body remotely. To do this, you will need to submit an application by mail, online or by a proxy. Using the capabilities of the post office, the spouse has the right to send an application and documents by letter. Additionally, you can submit a petition requesting that the case be considered in your absence. A person also has the right to ask to be sent a copy of the court decision.

You must proceed according to the following scheme:

• Send the documentation to the authorized body.
• Receive notice of the date of the hearing.
• Send a request to consider the case in your absence and send an extract from the decision to the specified address.

To complete the procedure, you should use a valuable letter with a list of attachments and a receipt.

What to do if you can’t come to the registry office or court

Divorcing spouses may have many reasons why they do not want or cannot participate in the divorce process. Civil procedural legislation offers ways to solve this problem without infringing on the rights of citizens.

The first method is that instead of one of the spouses, his official representative acts, that is, the person to whom a power of attorney has been issued to conduct divorce proceedings. The power of attorney must be certified by a notary. In this case, the attorney acquires the rights and obligations of his principal within the framework of the assigned matter and acts on his own behalf.

Advice! When drawing up a power of attorney, be sure to indicate the scope of authority of the representative. This could be, for example, drawing up a claim, collecting the necessary documents and submitting them to the authorized body, or the authorized person will only be present at court hearings, or he is entrusted with receiving documents on divorce. The most reliable option is that the representative is given the right to conduct all matters related to divorce (from writing an application to receiving a divorce certificate).

You can not draw up a power of attorney, but simply apply at a court hearing for an attorney to conduct the case. The court may also appoint a representative for one of the parties if there is no information about her whereabouts, and this is the only obstacle to divorce.

Another way to avoid appearing in court or the registry office is the notarized consent of the second spouse to the divorce or the plaintiff’s request to consider the case without his participation, included in the statement of claim.

Divorce through a representative

The option is considered the most reliable. The method involves the delegation of powers to any capable citizen. A power of attorney is issued to the person.

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The document states:

• information about the representative;
• list of delegated powers;
• validity period of the power of attorney;
• conditions for loss of legal force by a document;
• permission or prohibition to transfer;
• other significant conditions.

The document must be notarized. If there is no opportunity to contact a specialist, it is permissible to contact persons who have the appropriate rights.

Can a divorce be unilaterally refused?

A negative answer may be given if a man whose wife is pregnant or raising a child under the age of one year wants to initiate the procedure. The ban is established by Article 17 of the RF IC. The rule applies only to unilateral statements.

If the spouse wants to carry out the procedure on her own, the divorce will take place. However, the process itself may take a long time. Usually the judge gives the parties a period of time for reconciliation. The duration of the period is no more than 3 months. The spouse's position is a temporary basis for refusal. As soon as the child turns one year old, it is impossible to prevent divorce on the initiative of the husband.

Jurisdiction and jurisdiction

According to jurisdiction, the divorce procedure is assigned to the registry office and the courts.

The registry office carries out divorce according to a simplified procedure when there is mutual consent of the parties, there are no minor children and disputes about property, as well as in cases where there are circumstances established by the court for the termination of the marriage.

According to the jurisdiction, such a procedure is imputed to the magistrate or district court.

The World Court considers that category of divorce cases in which the parties have neither a mutual desire to divorce, nor minor children, nor joint property.

In general, cases are considered by district judges, who, in addition to the divorce request itself, must determine either the order of residence of the minor and his financial support, and/or also resolve the issue of dividing joint rights to property that the couple acquired during their marriage.

Each of the justice bodies makes a decision, which is subject to further execution by the registry office.

Is divorce allowed automatically?

There is an opinion that the failure of the defendant to appear in court is grounds for the automatic termination of family legal relations unilaterally. However, this is just a myth. Such a rule is not enshrined in current legislation.

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The consequences of failure to appear will be as follows:

• consideration of the application will be postponed if one of the parties filed a petition and provided valid reasons for the impossibility of personal presence on the appointed day;
• the hearing will be postponed if the participants in the case have not received appropriate notice;
• the meeting will be held without the participation of one of the parties if the judge knows that the notification was received, but the plaintiff or defendant did not appear at the authorized body without a good reason;
• the case will be considered in the absence of the person involved, if the person independently asked the judge to do so.

The dissolution of a marriage with an incapacitated, untimely absent or imprisoned spouse can be called automatic.

Is it possible to get a divorce without going to court?

It is possible, especially if both parties act together, to discuss this option for divorce in advance. Let me briefly remind you that you need to get a divorce through the court if the husband and wife have children together, or if they could not agree on a divorce through the registry office. For example, if a wife cannot force her husband to go to the registry office and submit a joint application, she can, on her own initiative, file a claim in court.

Divorce proceedings can be initiated by either spouse. No prior notice to the other half is required for this. I will highlight several important points that you need to know when preparing and filing a claim:

• divorce may be accompanied by demands for alimony, division of property, and determination of the place of residence of children;
• if we are talking only about divorce, the case will always be considered by a magistrate;
• When filing a claim, the applicant can immediately indicate that he does not plan to participate in the hearings and requests that the case be considered in his absence.

Note! Since the demand for divorce is in the nature of a dispute under the Code of Civil Procedure of the Russian Federation, the case cannot be considered without the appearance of the plaintiff. In order not to come to meetings in person, you can hire a representative by proxy, or notify the court in advance that the case will be considered in your absence. This is a completely legal procedure. A sample petition for consideration of a case in the absence of a party can be found in the appendix to the article.

Legal advice . In order not to go to court at all and get a divorce, it is enough to send the claim by mail and attach a petition to consider the case in your absence. Most likely, the judge will resolve the issue immediately at the first meeting, unless the other party asks for a postponement or a period for a truce. Divorce through court without the presence of a spouse will take no more than 30 days. I recommend reading about how to get a divorce as quickly as possible in our previous material.

Find out more How paternity is established or recognized

In ordinary civil cases, the parties themselves are interested in appearing at the hearings, since they will defend their position and present evidence. This is not usually required in divorce proceedings (except in the cases stated above where some other claim is being made). However, the consequences of failure to appear will be different for the plaintiff and the defendant. I will tell you about all the options for litigation below. I also recommend watching the video; it describes in sufficient detail all possible situations during a divorce without a husband or wife.

Is divorce possible in the absence of a plaintiff?

The plaintiff has a special status in civil cases. It is he who needs to correctly draw up and submit documents to the court and provide the necessary evidence. Therefore, the Code of Civil Procedure of the Russian Federation contains increased requirements for the participation of the plaintiff in the process:

• if the plaintiff does not appear at the hearing or does not declare the case to be considered in his absence, the court has the right to dismiss the case (this does not deprive the spouse of the right to send documents again);
• if at the first meeting the issue is not resolved and the judge sends a summons with a new date, it is advisable to re-file a petition for non-participation in the process (the judge can get by with the first petition if it did not indicate failure to appear at only one meeting);
• even if there is a petition from the plaintiff, the judge may recognize his appearance as mandatory (this will be indicated in the ruling).

In practice, the issue of mandatory attendance arises only when divorcing a pregnant wife. The Family Code of the Russian Federation allows divorce from a pregnant woman only with her consent. Therefore, the court has the right to personally hear the position of the parties and postpone the hearing without the participation of the husband or wife.

Is divorce allowed through court without a second spouse?

With the appearance or absence of the defendant, everything is much simpler. The Code of Civil Procedure of the Russian Federation allows for the following possible situations:

• the defendant, who has received notice of the place and time of the hearing, may not appear in court at all, or may file a petition for consideration in absence;
• the second spouse can indicate that the reasons for failure to appear are valid, after which the court is obliged to postpone the case;
• If the court has not received evidence of service of the summons, a divorce in absentia is possible without the presence of the defendant (note that a default judgment can be appealed within 30 days after it is received by the defendant).

Find out more How to force your ex to pay child support: legal advice

Legal advice . More than once I have come across situations where the second spouse’s consent to divorce is immediately attached to the claim, to consider the case without his participation. This document has no legal force, so the court is still obliged to notify both parties and give them the right to defense in the process. But as soon as the judge makes a ruling on the assignment of the case, the defendant can immediately submit a document agreeing with the claim and not wanting to participate in the hearings.

Divorce through a representative

If the husband or wife does not want to appear at the hearing, or is absent from the city on the day of the process, they can issue a power of attorney to the representative. In the first instance, not only lawyers or solicitors, but also any other persons (relatives, friends, etc.) can represent the interests of the parties. Please note that the power of attorney must be executed through a notary, otherwise it will not be valid. Even if the interests of the plaintiff or defendant are protected by a representative, the judge is still obliged to send a ruling to the parties themselves.

Divorce by mutual consent

To speed up the divorce process through the court as much as possible, the parties can take the following actions:

• come together to the first meeting and personally confirm your desire to get a divorce;
• submit a petition to the court in advance to consider the case without participation, confirm the intention to dissolve the marriage.

The court has the right to formalize a divorce without the presence of both spouses at the first meeting if both of them asked in writing to consider the case without personal appearance and indicated a desire to end the marriage.

Are the reasons for divorce in court without a husband and wife important?

Sometimes the reasons for the absence of the plaintiff and defendant oblige the court to postpone the hearing of the case. For example, if a husband or wife has filed a motion for extenuating circumstances and requests that the case be adjourned, the judge must do so. Naturally, evidence of valid reasons must be attached to the application (being on a business trip or undergoing treatment, urgent departure due to the death of a relative, etc.).

Find out more Rules for dividing real estate between spouses

The defendant completely ignores the proceedings

In this situation, the case may be suspended. Such an action is perceived as ignorance about the initiation of the case and the beginning of the divorce procedure. If the defendant is deliberately evasive, you should be patient. There is no point in letting the situation take its course. Often, a judge violates the deadline for considering a case due to the absence of the defendant. In this case, the plaintiff must draw the court’s attention to the provisions of Article 119 of the Code of Civil Procedure of the Russian Federation. The legal act states that the lack of information from the defendant is grounds for considering the case in his absence.

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⏰ Consideration times

The period for consideration of a submitted application based on a court decision that has entered into force is one day. However, the State Services website provides information that the divorce process will be completed on the same day that the application for divorce is filed, if there is a court decision that has entered into force.

In practice, this period depends on how busy the employees of the territorial civil registry office are.