Modern Russian family legislation views marriage as a purely voluntary interaction between a man and a woman. Therefore, although divorce is not welcomed in some social strata, the law does not create the slightest obstacle to divorce on the initiative of one of the spouses. Even if the second one does not agree.
There is only one exceptional case when a divorce cannot take place if one of the parties does not agree to it. When the disagreeing party is a pregnant woman or the mother of a baby under one year old. This ban relates to the legal protection of motherhood and childhood. But it is temporary - as soon as the child turns one year old, the marriage can be dissolved without the wife’s consent.
A divorce is also possible without the presence of one of the spouses, or even both parties, at the procedure. In this article we will talk in detail about all the cases when this is allowed on the basis of a particular legal act.
Is it possible to file a divorce in absentia without the presence of the husband or wife?
It happens that one of the divorcing spouses does not have the opportunity to be personally present when filing an application for divorce or completing the divorce procedure. This situation is not hopeless.
To make a decision on divorce, the authorities carrying out the process are not so much interested in the reason for the absence of one of the spouses as in their agreement or disagreement with the initiative of the other half. To successfully achieve this goal, spouses need to go through all stages of the procedure and submit documents established by law to the authorized body.
