How to file a divorce if spouses live in different cities

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The presence of insurmountable differences, disputes and conflicts makes further preservation of the marriage impossible. If a husband and wife decide to separate, a divorce is permissible. However, spouses may be in different cities. To dissolve a marriage, you do not need to go to another locality. But when officially severing legal relations in a city other than your own, you need to remember a number of features.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

Is it possible to get a divorce in another city?

The current legislation does not prohibit divorce in another city. However, the rules for divorce vary depending on the authority to which the application will be made. Spouses have the right to apply for divorce through the registry office if there are no children or disputes together, and the desire to end family relations is mutual (Article 19 of the RF IC). The divorce can be filed in the same place where the marriage was registered. If you cannot visit this branch of the registry office, it is permissible to submit an application at the place of residence of one of the spouses (Federal Law No. 143).

For your information

When a married couple has moved to different cities, you need to discuss the situation with your spouse, make sure that there are no differences, and then decide in which city the divorce will be formalized. When the choice is made, the husband or wife, who cannot personally go to the authority to terminate family legal relations, prepare consent for divorce and send the paper to the second spouse along with the completed application. The person who received the documents independently visits the registry office and initiates a divorce (Article 33 of Federal Law No. 143). If both spouses cannot come to the organization’s branch, divorce is impossible.

Divorce through the court is carried out in the following cases (Article and Code of Civil Procedure of the Russian Federation):

• children were born in the family who are not yet 18 years old;
• property was purchased during marriage and the spouses want to divide the property;
• The desire for divorce is not mutual.

In order for spouses to be divorced in another city, you must follow the rules for filing an application. In the classic situation, documents are submitted to the authority serving the defendant’s address (Article 28 of the Code of Civil Procedure of the Russian Federation). However, if the spouses have separated, it is permissible to go to court at the plaintiff’s place of residence. However, changing the jurisdiction for a divorce in another city is possible only if there is an agreement reached (Article 32 of the Code of Civil Procedure of the Russian Federation).

Attention

In practice, the applicant cannot always go for a divorce to the city in which the potential defendant lives. If a trip is prevented by illness or raising a minor child, the state provides a number of benefits. The initiator of the divorce will be able to file a document with the court that serves the plaintiff’s residential address. In this case, it is not necessary to obtain the consent of the defendant (Article 29 of the Code of Civil Procedure of the Russian Federation). However, it is necessary to prove the presence of valid reasons.

Regulatory framework

Is it possible to get a divorce in another city without registration?

If we consider the legislation on divorce (Federal Law No. 143, Article 28 of the Code of Civil Procedure of the Russian Federation), it turns out that the concept of “place of residence” appears in the norms. However, the documents do not say that a citizen who wants to get a divorce must apply for registration. In fact, it turns out that an application can be submitted to the authority serving the place of residence of the husband or wife, even if the spouse is not officially registered at this address.

IMPORTANT

In practice, the process can be complicated. Often, government authorities refuse to consider an application for divorce in another city if the citizen applies not at his place of registration. Such an action on the part of the authority is unlawful. The refusal to consider an application can be challenged by filing a complaint.

The husband left, canceled his registration and did not register anywhere or register a place. accounting not known

This situation is especially typical when there is a severe conflict and one of the spouses does not find it necessary to get in touch - there is neither his phone number, nor mailing address, nor an accessible way to find out. The algorithm of actions in this case is as follows. An application for divorce must be filed at your last known place of residence. To strengthen the legal force of a judicial act, the court has the right to start a case only if the absent party has a legal representative. Such a person will be independently summoned by the court from the nearest bar association, and the state will pay for his services. By the way, this option is also effective when the spouse leaves for another state. The court should act differently when during the trial it turns out that the absent party is registered and jurisdiction belongs to another court. In such circumstances, the judge transfers the case to the appropriate court.

Any divorce process ends in a positive decision, with rare exceptions. What are they?

Where to file for divorce in another locality?

The following can influence the choice of a government agency in a case of divorce in another city:

1. Having children. If the family did not have time to have children, you can contact the registry office. However, the authority will consider the application only if there are no disputes (Article 19 of the RF IC). Having a child makes divorce more difficult. The simplified procedure ceases to apply. In order for a husband and wife to officially separate if they have children, they need to go to court (Article - Code of Civil Procedure of the Russian Federation).
2. The need for division of property. When wishing to divorce, spouses are not required to immediately divide property. In this case, a simplified divorce scheme applies (Article 19 of the RF IC). When a conflict arises over common property, for example: regarding the division of a car during a divorce in another city, a visit to court cannot be avoided (Article - Code of Civil Procedure of the Russian Federation).
3. The desire of the spouses to separate. The registry office considers an appeal from a married couple if both spouses have indicated that they want to get a divorce (Article 19 of the RF IC). Otherwise, you will have to prepare a claim and go to court (Article, Code of Civil Procedure of the Russian Federation). To file a divorce in another city at the registry office without the presence of a spouse can only be based on the grounds reflected in the article, Part 2 of Art. 19 IC RF .

Basic principles of property division

If a husband and wife entered into a marriage contract before or after marriage, then its provisions will have undoubted priority over the Family Code in all cases of division of marital property, except for the cases indicated in the table.

If there is no marriage contract or it is declared invalid by the court, then the division of marital assets will be carried out according to the norms of family law. As the Family Code states, only those things that they acquired during their life together are subject to distribution between spouses. These things include:

1. 
   Bills of exchange, bonds and other securities.

2. Salaries, benefits, financial assistance and pensions.
3. Income from business activities.
4. Commercial or residential real estate.
5. Shares that one or both spouses own in legal entities or credit institutions.
6. Luxuries.
7. Any types of movable property. As a rule, these are cars, furniture and household appliances.
8. The right to participate in shared construction of housing, a share in a mutual fund or in a housing cooperative.
9. Royalties for results obtained from intellectual activity.
10. Jewelry.
11. Debts acquired during marriage.
12. Investment income.

Not subject to division:

• Assets owned by children.
• Premarital belongings of each spouse.
• Property that was received free of charge or by inheritance.
• Personal property, for example, cosmetics, hygiene items, clothing.
• The right of authorship in relation to an intellectual work, invention or industrial design.

The size of shares is determined in 2 ways:

1. Agreement on the division of marital property. In it, the wife and husband independently determine the size of their shares.
2. A judge who, as a rule, divides all property in equal proportions. If one spouse receives more property than he is entitled to, he transfers the difference in favor of the second spouse in the form of a compensation payment. However, if one of the marriage partners neglected the responsibility to support the family, squandered property or did not monitor its safety, then the court has the legal right to reduce the share of property transferred to this spouse. In addition, often the former spouse who takes minor children into custody receives more than half of the joint property from the court without paying compensation.

How to get a divorce if the husband or wife is in another city?

The choice of authority for a divorce in another city depends on the circumstances of the case. It is easier to get a divorce through the registry office. Registration of a divorce takes one month (Article 19 of the RF IC). However, the list of reasons is strictly limited. The desire to separate must be mutual. The authority does not consider applications from persons who have children, or who simultaneously need to divide property during a divorce (Article 19 of the RF IC). The husband and wife will have to collect papers and fill out an application. When the package of documents is ready, you can contact the authority. Remote application submission is acceptable. Applications are made through the State Services portal.

For your information

The presence of children and conflicts complicates the situation if you want to divorce in another city. When a couple who has a child together wants to divorce, or one of the spouses hopes to maintain the relationship and refuses to give consent to the official termination of family relations, you need to go to court. The issue is considered by the district or world authority. If the married couple themselves have determined the place of residence of the children after the divorce, a justice of the peace will be able to dissolve the marriage of the spouses in another city (Article of the Code of Civil Procedure of the Russian Federation). In other cases, the case will be considered by the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

State duty

Legal processes in government agencies are registered with the payment of a state fee. Divorce proceedings are also subject to state fees.

According to Art. 333.19 of the Tax Code of the Russian Federation, the amount of state duty is:

• upon divorce in court - 600 rubles;
• in case of divorce through the registry office - 650 rubles;
• when submitting an application to the registry office by one of the spouses on the grounds provided for in Art. 19 IC RF – 350 rubles.

The state fee is charged once, in one amount, from both spouses.

Required documents

In order for a divorce application to be considered in another city, you need to collect documentation. The papers for the registry office and the court differ. Care must be taken when preparing attachments for the application. If at least 1 required document is missing, the spouses’ claims will not be considered. When a couple wants to get a divorce in another city through the registry office, they must provide (Article 33 of Federal Law No. 143):

• application form with pre-filled data;
• consent to divorce if the spouse cannot come to another city himself;
• applicants' passports;
• marriage registration certificate.

It is not necessary to provide a receipt for payment of the state fee. However, having the document will speed up the consideration of the application.

The court will begin work only after receiving the claim. The document must be prepared without errors. The rules for filing an application to the court are enshrined in Art. 131 Code of Civil Procedure of the Russian Federation. A claim for divorce in another city must be supplemented with the following documents (Article 132 of the Code of Civil Procedure of the Russian Federation):

• a copy of the applicant's passport;
• document confirming payment for divorce;
• marriage registration certificate;
• documents for children, if available;
• other documentation confirming the plaintiff’s case.

Requirements for the procedure

If both partners agree with the separation and there are no reasons for disputes or mutual claims, the divorce takes place in the registry office, provided that there are no minor dependents. In case of administrative termination, if a unilateral consideration is expected (recognition of the second spouse as incompetent, missing, dead, if he is sentenced to a term of more than 3 years), the documents are also submitted to the registry office.

Judicial procedure is provided for situations where spouses do not agree, there are minor children, property or financial claims. If the amount of the claim for property division does not exceed 50 thousand rubles, the claim is filed in the magistrate’s court. If the value of the claim is higher, the claim is filed in the district court. Since the division of property requires significant costs, it is preferable to conclude a settlement agreement upon reaching a compromise solution, and entrust the termination of the marriage to the magistrate’s court.

Read in more detail: How property is divided during a divorce if there are children.

The place of filing an appeal to the magistrate or district court is determined according to the provisions of Art. 29 Code of Civil Procedure of the Russian Federation:

• At the defendant’s registered address, his place of residence.
• At the plaintiff’s residential address (if compelling documentary reasons are presented that prevent him from appearing in court in another city).

To obtain a divorce, the following procedure is established:

1. Drawing up an application and collecting supporting documents.
2. Payment of the fee according to the issued details.
3. Submitting an appeal.
4. Consideration of the issue by the responsible body (registry office or court) and obtaining a decision.
5. Preparation of a new certificate of termination of marital relations in the Civil Registry Office.

The standard period for consideration of a case is 1 month, however, in case of opposition from the other party, an additional period for reconciliation of the spouses may be assigned by court.

Document packages

The list of papers for the registry office and the court will vary slightly due to the specifics of the process and individual situations.

Along with the application drawn up on form No. 8, the following must be submitted:

• consent of the other partner certified by a notary (if it is not possible to ensure his personal presence);
• certificate of registration of marriage relations (copy);
• payment receipt confirming payment of the duty;
• civil passport of the plaintiff, certificates for children (if there are common minor dependents);
• a document confirming the basis for the simplified procedure (court decisions on incapacity, recognition as deceased, missing, or the criminal record of the second partner that have entered into force).

When the court deals with termination, a more extensive list is prepared:

• passport;
• marriage certificate;
• documents for children (certificates or passports, depending on their age);
• a certificate of family composition confirming the child’s place of residence at the time of divorce;
• duty receipt.

Additionally, certificates of earnings of both parties, property certificates, and other papers may be required.

The application for the court is drawn up in accordance with the strict requirements established by Article 131 of the Code of Civil Procedure, which are regulated by Article 131 of the Code of Civil Procedure of the Russian Federation.

We draw up an application for the court and the registry office

If there is mutual desire, a joint statement is drawn up on a specific form, which includes information about:

• parties to the process (full name, passport data, address);
• the surname that the applicant will bear after the termination of the family relationship;
• the essence of the appeal (the text includes a request to dissolve the marriage bond).

The document is signed by both partners and a signature date is set.

Living separately in different cities often makes it impossible to be present together when filing a petition. The way out of the situation would be to prepare two separate application forms, with mandatory notarization. In this case, the application may not be accepted in person, but through registered mail, or through an official representative or another spouse.

Unilateral termination does not require joint consent confirmed on a form. The application is drawn up in Form No. 9, indicating in the text additionally the grounds on which it is possible to consider the issue without the consent of the husband or wife.

When divorcing through a court in another city, there are no significant differences in the structure of the document. A standard established form is used with the only difference: it is necessary to include in the text information about the impossibility of ensuring attendance at the meeting in person, or at the same time as the application, a request is made for a decision to be made in the absence of the applicant.

Divorce in another city through the registry office

Divorce through a registry office in another city is possible if at least one of the spouses can visit the authority where the marriage was registered, or contact the branch of the government agency located at the applicant’s place of residence (Article 32 of Federal Law No. 143). To dissolve a family legal relationship, you need to act according to the following scheme:

1. Contact your husband and find out the fact of the presence of a mutual desire to divorce.
2. Collect a list of supporting documentation (Article 33 of Federal Law No. 143). If one of the spouses cannot appear in person at the registry office, the list of applications must be supplemented with consent to divorce.
3. Come to the authority in person and report your desire to get a divorce. A government agency representative will ask for documents and then carefully examine the package of papers. If no errors are identified, the applicant will be informed of the date of divorce.
4. At the appointed time, visit the registry office and obtain a divorce certificate.
5. A state fee must be paid. In case of divorce through the registry office, the amount is 650 rubles (Article 333.26 of the Tax Code of the Russian Federation).

In order for citizens’ demands for divorce to be considered, it is necessary to correctly prepare the application. In total, there are 4 forms of petitions for divorce in another city in the registry office:

1. No. 9 – to be filled out if the couple has no children and no disputes.
2. No. 10 – there are no disputes and no children, but 1 of the spouses cannot come to the registry office on their own.
3. No. 11 – the spouse has the right to divorce without obtaining consent.
4. No. 12 – there is a court decision, and you need to issue a certificate.

You can study in more detail each of the above situations regarding the termination of official relations through the registry office, and download all sample applications on our website, in the article: “How to get a divorce through the registry office?”

Basic provisions of the divorce process

The law provides for two ways to terminate a marriage:

Expert commentary

Gorbunova Olga

Lawyer

Administrative divorce is faster and easier. It is impossible to file a divorce through the registry office without the consent of the wife or without the consent of the husband. You should apply for termination to the registry office if one of the spouses is incapacitated or declared missing or has been in prison for more than three years.

Families with a child will also not be able to file an administrative divorce if the child has not reached the age of majority. In this case, the spouses will have to contact the courts. If there are no children together, or they are already 18 years old, there are no obstacles to terminating the marriage through the registry office.

Which judicial authority should you contact:

1. The magistrate's court considers citizens' applications for divorce when both parties agree to divorce and there are no controversial situations, if there is a dispute about the division of joint property, provided its value is up to 50 thousand rubles. Cases in which the other party evades divorce are also considered by the magistrate court.
2. A district or city court accepts divorce applications for consideration if the husband or wife does not agree to divorce, there are questions about the division of acquired property, as well as the choice of the child’s place of residence, and the assignment of responsibilities for upbringing and maintenance to one of the parents.

It is important to know that a spouse does not have the right to divorce a pregnant woman. Within a year after the birth of a common child, he will not be able to demand an official divorce.

A married couple wishing to divorce, depending on the circumstances, must contact the registry office or the judicial authorities and follow the procedure approved by law.

How to divorce a husband or wife in another city through court?

Spouses need to go to court if the divorce occurs in another locality, and children appeared in the family during the marriage (Art., Code of Civil Procedure of the Russian Federation). However, it remains to be decided to which authority the application will need to be submitted. It is necessary to take into account the specifics of the case.

Divorce proceedings in another city are within the competence of the magistrate in the following situations (Article of the Code of Civil Procedure of the Russian Federation):

• During the marriage, a child was born in the family who was under 18 years old at the time of the divorce, and the married couple themselves decided how they would continue to support and raise their minor offspring;
• the applicant immediately wants to divide the property acquired during marriage, but the total price of real estate is less than 50 thousand rubles;
• the husband or wife refuses to divorce, but there are no other disputes.

If the situation does not meet the above conditions, you need to prepare a claim for divorce in another city for the district court (Article 24 of the Code of Civil Procedure of the Russian Federation). The dispute will begin to be considered after receiving the application. The document is drawn up in accordance with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. The claim is supplemented by a number of other documents. The list includes the following annexes (Article 132 of the Code of Civil Procedure of the Russian Federation):

• a high-quality photocopy of the applicant’s passport;
• a receipt confirming the transfer to the budget of the fee for divorce in another city;
• documents for children, if present;
• Marriage certificate;
• property documentation;
• documents confirming the presence of grounds for filing an application at your address (medical certificate of health, papers confirming that the applicant has a child left with him);
• agreement on children, if the couple was able to resolve all controversial issues about the future fate of the offspring on their own.

The list of documentation is practically the same regardless of which court the applicant applies to.

Legislation

Relations between the parties during a divorce are regulated by the Family Code of the Russian Federation.

Articles sixteen to twenty are devoted to divorce by mutual consent through the registry office or court, articles twenty-one to twenty-four are devoted to legal proceedings in cases of divorce initiated by one of the parties to the marriage.

The Family Code of the Russian Federation limits the possibility of divorce during the wife’s pregnancy, as well as in the presence of a child no older than one year old.

Application for divorce in another locality

Regardless of the city in which the divorce will be performed, you will have to file a claim. The current legislation does not specify the form of the document. However, Article 131 of the Code of Civil Procedure of the Russian Federation provides a list of mandatory requirements that claims must meet. In order for the application to be considered, the following information must be reflected in the document:

• the name of the court to which the application for divorce is sent in another city;
• information about the participants in the proceedings and data for contacting the plaintiff and defendant;
• reasons for going to court, description of the situation;
• the requirements put forward;
• references to legal norms regulating the process;
• list of applications;
• date of document execution;
• applicant's signature with transcript.

To avoid mistakes, it is better to enter data into a pre-prepared sample application. There should be no corrections in the petition. Information must be included without deviating from the essence or showing emotions. You must adhere to a business style of presenting information.

An approximate example of an application for divorce in another city through the Magistrates' Court, if there are children, is available.

conclusions

Let's summarize all of the above:

• with mutual agreement, it is possible to change jurisdiction and resolve the case in court without “local” registration
• the application for divorce and the proceedings themselves can be initiated and conducted from another city without leaving (the so-called “remote divorce”)
• the child gives a privilege - you can file a claim where the applicant lives
• the unknown of a new place of residence, as well as living without registration, are not insurmountable obstacles
• With the dissolution of the marriage, the issue of alimony can also be resolved through the court.

Also consider the following:

• with or without mutual consent, you can issue a power of attorney to a local or out-of-town lawyer to represent interests both in court and in the registry office.

This option does not seem to be a budget option, because the lawyer needs to pay a fee and additional postage costs arise. However, it is preferred due to the following. It is not easy for an ordinary person to find out all the details of a foreign court, file a claim correctly, control judges and secretaries, and even more so from a distance. As well as the fact that from time to time we still have to note the poor performance of post offices. Having an attorney reduces all these problems and risks to almost zero.

In all of these cases, we are ready to help you and conduct your case in Moscow and the Moscow region without unnecessary transportation costs - our lawyers will take over the divorce case. All you have to do is submit the required set of documents, which are very easy to hand over to us in person or by mail. We professionally deal with judicial resolution of family disputes involving nonresident citizens. Our own practice allows us to bypass issues that are “inconvenient” for the courts and obtain the required result in a short time and with minimal effort for our clients.

Interaction with a client located outside of Moscow is carried out remotely. All documents related to the case can be sent by post, and payment for services is carried out by transferring funds to a bank account or in another way specified in the contract.

The procedure for divorce in another city through the court

To dissolve a marriage in another city through the court, you need to proceed according to the following scheme:

1. Contact your husband or wife and discuss your upcoming divorce. Then you need to decide on jurisdiction.
2. Prepare to contact the authorities. To do this, the interested party collects documentation and prepares a claim.
3. Submit documents. You can provide papers in person or send them by mail. An alternative is to hire a representative. To go to court through a third party, you will need a power of attorney (Article 185 of the Civil Code of the Russian Federation).
4. Wait until the meeting date is set. The statement of claim is considered within 5 days (Article 133 of the Code of Civil Procedure of the Russian Federation). The judge then proceeds or refuses to consider the matter. If the application is accepted, notifications are sent to the participants in the proceedings. The document contains the date and place of the court hearing at which the issue of divorce in another city is considered.
5. Attend the hearing. The husband and wife have the right to defend their position, arguments confirming the truth, present documents and other evidence.
6. Find out what the court decided. If the applicant believes that the final verdict is unlawful, an appeal can be filed (Article 321 of the Code of Civil Procedure of the Russian Federation). The document is used to appeal the decision.
7. Contact the registry office. When the verdict has entered into force, on the basis of the decision made, you can contact the administrative authority (Article 31 of Federal Law No. 143). The authority will provide evidence.

The scheme is approximately the same regardless of which court (magistrate or district) a claim for divorce is filed in another city.

Content:

• We live in different cities and we both want to get a divorce (whether we have a child or not)
• We are registered in different places, but in fact we live in the same city with or without temporary registration
• The husband (wife) left, registering at a new place of residence, leaving the children to live with you
• The husband left, canceled his registration and did not register anywhere or register a place. accounting not known
• I forgot where my husband lives

The topic of this page is divorce at a distance - the so-called remote divorce . The possibility of its implementation, methods of achieving the result and legal risks arising during the progress of the case.

Family discord often leads to spouses moving away to different parts of the country. Divorce from a non-resident and divorce of spouses living in different cities is usually a big problem for citizens. These are the general rules of the law: for the law, it doesn’t matter where you are and whether it’s convenient for you or not: everything depends on the registration stamp of the husband and wife. And first of all - which registry office to go to for a certificate and which court to file a claim. As a result, there are significant costs for travel, hotel rental, and time costs.

Let us remind you what the general rules for the place of divorce come down to: a divorce is formalized in the registry office at the place of registration of one of the spouses or in the city where the marriage was registered - in case of an administrative divorce. For a judicial divorce, the registration of the defendant is important; it is at his place of residence that the jurisdiction of the case is determined.

INUSTA

About the divorce process is available and in a concise form. You can find out more about the issue of jurisdiction on the page of the Inyusta company website: Where to file a claim.

But it often happens that the registration stamp for each of the spouses does not correspond to their actual place of residence; each of the spouses can be registered in different cities, and yet again live in completely opposite ends of Russia. A separate issue is that the husband and/or wife live without registration at all. A trip to the other end of the country requires time and money, and as a result, divorce has to be postponed until a suitable opportunity arises. Sometimes you have to wait a very long time for such an opportunity.

Lawyers and family lawyers have found a way out of some impasses. Here are some of them that are relevant as of 2021.

Page on the topic Divorce with a foreigner and a Russian citizen living abroad

State duty and deadlines

If the marriage is dissolved in the registry office, the official separation will take 1 month (Article 19 of the RF IC). To file a divorce in another city at the civil registry office, you need to pay 650 rubles (Article 333.26 of the Tax Code of the Russian Federation). Both spouses are required to provide the money. The amount is relevant if the divorce through the registry office takes place in accordance with the general procedure.

Attention

If a unilateral divorce is available at the registry office (Part 2 of Article 19 of the RF Tax Code), the amount of payment is reduced to 350 rubles (Clause 2 of Article 333.26 of the Tax Code of the Russian Federation). The applicant provides the money.

Filing a divorce in another city through the court takes longer and is more expensive. In order for the case to be considered, the applicant contributes 600 rubles (Article 333.19 of the Tax Code of the Russian Federation). Registration of the certificate is paid separately. (Article 333.26 of the Tax Code of the Russian Federation). You will have to pay 650 rubles for issuing the document. Each spouse contributes the amount. If, along with a request for divorce in another city, a husband and wife ask to divide acquired property, the amount of the state fee will depend on the price of the claim. The amount varies from 400 to 60,000 rubles.

For your information

It must be taken into account that the court needs time to analyze the case in detail and make a decision. Therefore, the time frame for a divorce in another city may be extended. The magistrate does not consider complex proceedings. Therefore, it will take 1 month to make a decision at the authority. The district court is responsible for resolving disputes, dividing expensive property and determining the place of residence of offspring. From the moment of filing the application until the decision is made, up to 2 months pass. If the proceedings are complex, the period may be extended (Article 154 of the Code of Civil Procedure of the Russian Federation).

Regardless of which court made the decision, the verdict does not take effect immediately. The married couple is given 30 days to appeal the decision (Article 321 of the RCC of the Russian Federation). Only when the time for filing an appeal has expired does the verdict take effect and the marriage is considered dissolved.

Arbitrage practice

The case was considered by the Frunzensky District Court of Ivanovo in May 2021.

The marriage between the defendant and the plaintiff was registered in the department of the state civil registry office located in the city of Teykovo, Ivanovo region, in 2014. The spouses actually lived in Ivanovo at the time the divorce proceedings began.

In addition to the demand for divorce, the wife also declared claims to part of the joint property. The reason for the end of the marriage, according to the wife, was the termination of cohabitation and the refusal to run a family household on the part of both marriage partners.

During the court hearing, the spouses agreed on the peaceful division of marital assets and signed an agreement on this. The husband acknowledged the validity of his wife's claims for divorce. The court, having checked this statement of the defendant, did not find any contradiction with the law and declared it lawful.

Thus, the wife's request to end the marriage was satisfied.

How to get a divorce in another city if you have children?

If, while in different cities, the spouses decided to annul their family relationship, then a divorce in the presence of children, as a general rule, requires going to court (articles and the Code of Civil Procedure of the Russian Federation). The choice of authority depends on the existence of disputes. If the parties independently decided with whom the children will remain, and determined the rules for maintaining and raising the child, then it is necessary to file a divorce in the magistrate’s court (Article 23 of the Code of Civil Procedure of the Russian Federation). To submit a claim to this court, the following documents will be required (Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation):

• completed statement of claim;
• copy of passport + original;
• children's agreement;
• marriage registration certificate;
• receipt for payment of state duty.

In practice, it is not always possible to agree on the maintenance and upbringing of children. If the spouses have disputes, a statement of claim for divorce in another city must be filed with the district court (Article 24 of the Code of Civil Procedure of the Russian Federation). The initiator of the proceedings will have to:

1. State the requirements in the claim, collect the necessary documentation, and then submit the papers to the court.
2. Wait for the documents to be processed. The judge is given 5 days to analyze the claim and applications and then make a decision. If no errors are found, the proceedings will begin (Article 133 of the Code of Civil Procedure of the Russian Federation).
3. Find out the date and location of the court hearing. Notifications will be sent to the parties.
4. At the appointed time, visit the authority and represent your interests.
5. Find out the court's decision. If you are not satisfied with the verdict, you can file an appeal within a month (Article 321 of the Code of Civil Procedure of the Russian Federation).

An approximate application form for divorce in another city, for a district court, can be found

In what cases can you not file for divorce?

It is not allowed to send documents to state registry offices, which are located:

• In the city where the spouses are temporarily registered.
• In a city where spouses live without registration.

If, however, the marriage partners decide to violate this legal norm, the registry office will simply return the application to them and refuse to formalize the completion of the marriage.

In addition, husbands cannot demand termination of marital relations if the wife is pregnant or raising a small child who is not yet one year old. This period is counted from the date of birth of the minor indicated in his birth certificate.

How to file for divorce when moving to another city?

Moving to another city is not an obstacle to divorce between spouses. The main thing is to comply with existing rules on jurisdiction.

Additional Information

If the divorce is filed through the registry office, you can submit an application at your new place of residence (Article 32 of Federal Law No. 143). When a divorce involves going to court, the statement of claim is sent to the authority serving the address at which the defendant is registered (Article 28 of the Code of Civil Procedure of the Russian Federation). However, if there are minor children with the plaintiff, the petitioner is ill, or there are insurmountable obstacles to visiting another city, you can apply to the court at your own place of residence to file a divorce (Article 29 of the Code of Civil Procedure of the Russian Federation).

The husband (wife) left, registering at a new place of residence, leaving the children to live with you

If the children stayed with you, moving the other party to another city should not be a big problem. Procedural law gives you the privilege to bring a claim, in derogation from the general rules, at your place of residence. To do this, you need to provide documentary evidence that the children actually live with you. Here is the usual set of such papers: an extract from the house register, a single housing document, a certificate from a local kindergarten, school, etc. Even if the other party is against or “boycotts” the proceedings, the divorce decision will still be made without the participation of the wife / husband .

The judge will be required to forward all correspondence to the defendant by mail.

How does divorce occur if the spouses have a common minor child? What are the features of the case? How are claims formulated? Answers to these and many other questions - go to the page.

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Certificate of divorce in another city

A certificate of divorce in another city is provided in accordance with the provisions of Article 9 of Federal Law No. 143. The document is necessary to confirm the fact of state registration of divorce. The certificate does not replace a divorce certificate. However, the documents contain identical information. You may need a certificate of divorce in another city:

• during the consideration of a case regarding alimony claims;
• when concluding a new marriage;
• when restoring divorce data;
• in situations where a person cannot obtain divorce certificates.

The form of the document is strictly approved by order of the Ministry of Justice of the Russian Federation No. 173 dated September 20, 2021. The certificate reflects the registration number of the divorce deed in another city, the date of termination of family legal relations, information about the authority that carried out the registration procedure, personal data of the spouses, citizenship, date of issue and other information at the request of the applicant.

We live in different cities and we both want to get a divorce (whether we have a child or not)

In this case, you can help carry out the case by preparing and sending one of the parties a consent to the divorce. For example, the couple did not have children during their marriage, the husband went to St. Petersburg, and the wife remained to live in Moscow. The spouse, with the help of a notary, needs to fill out an application for divorce in the prescribed form (such forms must be available to the notary) for divorce and send it to the other party. Having such a paper in hand, you can file a divorce at the Moscow registry office without the participation of the party who has left for another city. If the corresponding power of attorney is also drawn up, you can also obtain a certificate of divorce for everyone at once. Another document is issued if there are minor children. Since judicial procedure is required, the moving party signs (a notarial form is also required) a statement of no objection to the divorce, and the plaintiff files a claim along with such consent, thanks to which the matter proceeds without unnecessary difficulties and delays.

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Documents for registration of divorce - Forms, blanks, samples of claims and statements, petitions and petitions, everything that is usually required for documentation and legal support of the divorce process.

Is it possible to get a divorce without visiting another city? Yes it is possible!

If you are the initiator of divorce, and your non-resident spouse lives far from you, the case is subject to the jurisdiction of the court where the opposite party lives. Referring to the norms of the Code of Civil Procedure of the Russian Federation, you have the right to file a claim remotely and request consideration of the claim without your presence. It is highly desirable that the last specified document be present; it must be submitted and indicated in the list of appendices to the claim, otherwise the court, after the second hearing, will make a ruling to leave the stated claim without consideration and return the case to you by mail. It is advisable to notarize the signature on the claim. There must also be a request to send you a divorce decree that has entered into legal force to your specified postal address. The appearance of the other party at the trial is not essential; if it does and there is no motion for reconciliation, the trial will end much faster and vice versa.

Problems and nuances

The difficulty of getting a divorce in another city is the lack of cooperation between spouses. Some issues that arise during divorce can be resolved in advance. It is worth contacting your spouse and discussing all the nuances.

If a divorce in another city is initiated at the request of only one party, under Article 22 of the RF IC, the court may grant the couple time for reconciliation. It is up to 3 months. If reconciliation fails, the divorce is unilaterally filed through the court.

Divorce in another locality is possible, but the rules must be followed. When registering a divorce at the registry office, documentation is submitted at the place of residence of one of the spouses or the place of marriage. If a couple is divorcing through the courts, the plaintiff may be required to visit the defendant's city. The exception is when a person is raising a child or is sick. In this case, it is permissible to submit an application at your own place of residence.

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Where can you get a divorce?

The grounds for termination of marriage are the provisions of Article 16 of the RF IC - death of one of the spouses; statements from one or both spouses; statement of the guardian if the spouse is declared incompetent by the court.

A marriage can be dissolved at the civil registry office and in court (Article 18 of the RF IC).

An application for divorce through the registry office is submitted at the place of residence of one of the spouses, or at the place of registration of the marriage.

The statement of claim is filed in court at the place of residence of the defendant. If there are good reasons, the plaintiff is allowed to submit an application at his place of residence.

If the spouses have no controversial issues, the claim is considered by the magistrate court. In case of disagreements and disputes between the couple, the case is considered in the district/city court.

The importance of registration in divorce

The ability to contact official authorities is directly related to registration. In common parlance, registration is called:

• registration at place of residence (permanent registration);
• registration at the place of stay (temporary registration).

Main differences between registrations:

1. Temporary has a certain validity period. It cannot exceed 1 year.
2. Permanent registration is affixed directly to the citizen’s civil passport. Temporary - issued on a separate form and is not subject to a mark in the passport.

Each type of registration gives a citizen the right to apply to municipal authorities.

An official marriage is concluded for an indefinite period. By default, it is considered to be issued for life. In this case, one of the parties can initiate the termination of the marriage. Where to file for divorce at your place of registration? To dissolve a marriage, a citizen must submit an application:

• to court;
• at the registry office.

The law strictly distributes the list of reasons for contacting each of the authorities. If there are the following grounds, a citizen applies to the registry office:

• the initiative is collaborative;
• citizens do not have common minor children;
• the parties have settled disputes regarding property;
• one of the spouses is declared incompetent;
• one of the spouses is declared missing;
• one of the parties is imprisoned for a term of 3 years or more.

If the following grounds exist, the issue is regulated with the involvement of the judiciary:

• lack of common opinion about the place of residence of children or the division of joint property;
• lack of consent of one of the parties;
• presence of joint minor children.

How to divorce a spouse located in another country

If the spouse went to live abroad, then certain difficulties may arise during the divorce. If you have consent to divorce and have no small children, you can submit a joint application to the Civil Registry Office of the Russian Federation. This is possible even if the spouse is a citizen of another state. If the place of residence in another country is not known for sure, then you can apply at the last Russian address or the location of his property. Article 402 of the Code of Civil Procedure of the Russian Federation provides that a court in the Russian Federation can hear cases of divorce from foreigners if one of the spouses is a citizen of Russia or lives in the country.

Application to the Civil Registry Office

Is it possible to get a divorce at a location other than your place of registration? In the case of a joint application to the registry office, an application without registration is possible in the following cases:

• documents are submitted at the place of registration of the second spouse;
• the application is sent to the place of the wedding.

Since the submission of documents for marriage is not tied to registration, the spouses could register the marriage not at their place of registration, but in any department of the registry office in the territory of the Russian Federation. When holding a special event, spouses often choose a beautiful building for registration. In case of divorce, one of the bodies authorized to carry out the divorce is this department.

Procedure for submitting documents without registration:

• collection of documentation;
• payment of duty;
• preparation of a joint application;
• visiting the divorce registration;
• receiving documents and stamping your passport.

The main documents that spouses must provide are:

• civil passports;
• marriage certificate.

The fee must be paid by each spouse. In 2021, the payment amount is 650 rubles. from each side. Attachment of receipt is required.

Attention! If spouses apply jointly, they fill out one application. If there are grounds for a unilateral divorce in the registry office, the citizen fills out a special application.

If the second spouse cannot be present when submitting a joint application, he has the right to contact the registry office at his place of residence to receive a form, fill it out and have it notarized. After which, the document is sent directly to the registry office or to the place of residence of the other party.

An alternative option for submitting an application is to contact the MFC. To do this, spouses visit the center together. If there is a notarized application from the other party, the documents can be submitted by one spouse.

Since the dissolution of the union is registered 30 days from the date of filing the application, a citizen can use the option of sending an application through the State Services service. However, both parties must be present during a divorce.

The use of the electronic service is possible only for citizens who have an electronic signature. In addition, the service provides the ability to pay fees online.

Is it possible to get a divorce without registration?

Lack of registration in some cases can complicate the divorce procedure. But this circumstance cannot serve as an obstacle to divorce.

When spouses fill out any legally significant documents (divorce application to the registry office, statement of claim or counterclaim), you can indicate not only the registration address, but also the actual residential address. In this case, the sending of summonses, letters and other notifications related to the divorce process will be carried out to the specified address. The risk of non-receipt of correspondence and documentation is borne by those persons who indicated the postal address.

Is it possible to get a divorce without a second spouse?

Lawyers are asked this question quite often. The circumstances that make joint actions of spouses to dissolve a marriage difficult or impossible may vary.

Question

My husband and I separated three years ago. He got a job abroad, but I didn’t go with him. Over time, we both realized that our marriage did not make sense. We both want a divorce, but my husband cannot and does not want to come to Moscow to formalize it. Can I file a divorce myself? What is needed for this?

Answer

Yes, you can file for divorce without your spouse present. What the procedure will be, what documents will be needed, how long it will take depends on the specific circumstances. Do you have children together? Are there property disputes? Is the reason for his absence respectful or disrespectful? Does your spouse want a divorce without his presence at all, or in the presence of his legal representative? Each case is different, and the procedure appropriate for it will also be different.

So, let's move on to specifics and consider how a divorce procedure can take place without the participation of one of the spouses.

Necessary documents for filing a claim

Let's consider which court to apply for a divorce at the place of registration, whether it is possible to get a divorce in another city and what documents are needed for this. To resolve property claims and issues regarding common children through the courts, it is necessary to submit the following documents to the court:

• an application drawn up in accordance with the approved form;
• information about spouses - passport details, date of birth, place of residence;
• a notarized marriage contract (if it was drawn up during the existence of the marriage);
• a certificate from the defendant’s place of work, if the request includes alimony payments for minor children;
• documents and materials confirming the acquisition of movable and immovable property;
• birth certificates of young children;
• marriage certificate;
• original receipt for payment of state duty.

The statement of claim is drawn up in three copies - for the plaintiff, for the defendant and for the court. In it, the applicant sets out all the requirements - what he wants to receive from the divorce, in what shares he proposes to divide material assets, with whom the children should live, what monetary compensation he agrees to. If the plaintiff wants to prove that major repairs were carried out in the apartment owned by the defendant under the terms of the marriage contract during their life together and using common funds, evidence must be provided. It is necessary to show contracts and certificates of work performed with contractors, invoices and receipts for materials, testimony of witnesses, opinions of independent experts that the object now has a much higher market value.

Algorithm for dissolving a union through the registry office

The procedure for divorce is enshrined in the Family Code. Resolving the issue through the Civil Registry Office is possible in the following cases:

• the parties are ready to divorce voluntarily;
• the parties do not have children together, aged 0 to 18 years;
• one of the parties is declared incompetent;
• one of the parties is declared missing;
• one of the parties was sentenced to imprisonment for a term of 3 years or more.

Let's look at how to get a divorce if spouses live in different cities. To resolve the issue through the district registry office, you must follow the following algorithm:

• collect documents;
• apply;
• apply after 30 days to register a divorce;
• When changing your last name, you must change your personal documents.

Collection of documents

Let's consider whether it is possible to get a divorce in another city. A particular difficulty when submitting an application is collecting documents.

If the parties decide to divorce jointly, then it is necessary to prepare:

• civil passports of spouses;
• original marriage document;
• payment of duty.

If one of the spouses has special grounds for divorce, you must additionally provide a court decision:

• on recognition as incompetent;
• about recognition as missing;
• about imprisonment for a term of 3 years or more.

The court decision is provided in the form of an original or an official copy made in the court office. The specialist will prepare the document within 5 working days. He will lace, number and seal the copy.

A receipt for payment of the fee is attached to the documents if the application is submitted in person to the district registry office.

Sending documents

If the parties file for divorce jointly, then an application can be filed;

• through the department at the place of registration of one of the parties;
• through the department at the place of marriage;
• through the electronic service of State Services.

The second spouse, who is in another city, can submit an application electronically or send it by letter. The paper copy must be certified by a notary and sent by mail with notification to the second spouse or directly to the registry office.

Important! If the application is submitted by one of the spouses, then it can be completed in paper form or using the electronic service of the State Service and sent by letter. In this case, for the final dissolution of the union, it is necessary to be personally present in the department.

Certificate and stamp

Let's look at how to file for divorce if spouses live in different cities. To register a divorce, you must contact the department on the appointed day. On the day of registration, at least one of the spouses must personally contact the department. Therefore, a citizen living in another city may ask the second spouse to visit the registry office.

If a citizen files an application unilaterally, then the only option for divorce in another locality is to obtain a temporary registration.

Is it possible to get a divorce stamp in another city? The opportunity to obtain a divorce certificate is available in any location in the country. The divorce stamp is affixed immediately upon contacting the authorized body.

Replacement of documents

Replacing documents is not a prerequisite after registering a divorce. It is provided exclusively for spouses who change their marital surname.

Therefore, in the event of a divorce in another city, changing the surname may lead to additional difficulties. You must submit documents to change your passport at your place of permanent registration. Otherwise, changing the document will take a long time to be sent.

In addition to the passport, the following must be replaced:

• medical insurance;
• SNILS.

The remaining documents will have to be accompanied by a divorce certificate to confirm the change of surname.

What to do if it is not possible to come to the registry office or to court?

Objective or subjective, respectful or disrespectful, but any citizen can have reasons not to participate (or at least not want to participate) in their own divorce proceedings. Let's look at what constructive solutions to this problem can be offered by Russian civil procedure legislation. And how to get a divorce without personal involvement.

Presence of a representative by proxy

The simplest and most obvious way to avoid a visit to court or the registry office for a divorce is to send someone in your place. More precisely, not just “someone”, but your legal representative - the person for whom you have written a power of attorney, allowing him to act on your behalf. And they certified it to a notary.

An authorized person - “Representative”, as it is called in articles No. 182.185 of the Civil Code of the Russian Federation and No. 48 of the Civil Code of the Russian Federation, regulating the performance of legal actions through another person - acquires all the rights and obligations of a citizen instructing him to act on his own behalf. But only within the framework of the assigned task.

The power of attorney should indicate which part of the divorce process the powers of the representative extend to:

• Collection and submission of documents to the court or registry office
• Attendance at court hearings
• Obtaining a divorce certificate
• Or all operations related to divorce, from preparing a claim to receiving final documents

If your representative is a professional lawyer, he will tell you how to write a power of attorney correctly.

If this is a private person from among your loved ones, you can find a sample on the Internet, write a power of attorney under the dictation of a notary, who will have it certified, or go to the Prav.io portal.

In some cases, you can do without a power of attorney and submit an oral or written request to the court to have a representative participate in the process instead of you. Then a corresponding entry is made in the protocol. A representative can also be appointed by the court (for example, if the whereabouts of one of the spouses is unknown, and the second wants to get a divorce, and there are no other obstacles to this).

Notarized consent

You can do without a representative. Especially if divorce for you is a mere formality that does not change anything in practical life. For example, there are no common children or property, and you have been living separately for a long time.

When filing a claim, you can include a request to consider the case without your personal participation. And if your spouse filed a lawsuit, send the court a notarized consent to divorce and a petition to consider the case in your absence.

A sample application can be found on the Internet. For example, here. Consent to divorce is written in free form.

Again, you can do this directly from the notary whom you will contact for certification, or consult a lawyer from the Prav.io portal and draw up a consent in advance.

The procedure for divorce without appearing in court

But in court, divorce proceedings without personal presence are not a problem. If each spouse filed a motion to consider the case in his absence, the court will do so. Even the presence of minor children and division of property is not a hindrance. Alimony will be assigned, according to the statement of claim of the spouse with whom the children will live after the divorce, the property is divided in a 50/50 ratio.

Divorce without presence in court. Conditions

Let's summarize. In order for the court to make a decision on divorce without the participation of the plaintiff or defendant in the hearing, one of the following conditions is necessary:

• A clause in the statement of claim about a request to consider the case without the participation of the plaintiff
• A petition to consider the case in the absence of the plaintiff or defendant, supported by documentary evidence of the inability to take part in the meeting
• A petition to consider the case in the absence of the defendant, supported by the notarized consent of the defendant to divorce
• A power of attorney addressed to the representative of the plaintiff or defendant, which states that the latter has the right to represent the plaintiff or defendant during the court hearing

Divorce without the presence of the plaintiff in court. Statement of claim and documents

We wrote in detail about writing a statement of claim for divorce and what documents need to be attached in our articles “A statement of claim for divorce through the court”, “What documents are needed for a divorce through the magistrate’s court?”, and some others. Therefore, we will dwell only on the points relating to the consideration of the case without the participation of the plaintiff.

The corresponding clause must be contained in the statement of claim. The court may not satisfy an unsubstantiated request, so it is better if there is documentary evidence of the inability to take part in the meeting. In addition to certificates of illness or departure, you can use the fact of living with small children or a disabled person.

Then the supporting document will be the child’s birth certificate, a disability certificate or a certificate of serious illness of a family member and a certificate from the housing office about the registration of a child or patient at your address. All these documents should be referred to in the claim, and copies of the documents should be attached to the application along with the rest of the package.

If you do not intend to participate in the meeting on the basis that a representative will do so instead of you under a power of attorney, you should attach a copy of the power of attorney to the claim. If you write a power of attorney to fully conduct the divorce process, then the representative can draw up and file a claim himself. He should also include a copy of the power of attorney with the package.

Divorce without the presence of the defendant in court

If the defendant is interested in having the case considered without his participation, he must submit the following documents to the court:

• Request to consider the case without his participation
• Notarized consent for divorce
• Power of attorney for a representative
• Documentary evidence of the impossibility of physically arriving at the trial

This does not mean that all four documents are needed at the same time. For example, if we are talking about a representative, explain to the court why you did not appear unnecessarily - from a legal point of view, you appeared through your authorized representative. But it is advisable to confirm the request to consider the case without you with a valid reason for failure to appear. Consent to divorce will not leave the court in doubt about your position regarding the dissolution of the marriage.

Absentee ruling

Under certain conditions, the court may decide the issue of divorce in absentia. The set of conditions is as follows:

• The defendant was notified of the place and time of the meeting
• However, he did not appear and did not report any valid reasons for his absence.
• The plaintiff does not object to the decision being made in the absence of the defendant

It is the right, not the duty of the court, to decide the case in absentia. He can simply reschedule the hearing and send the defendant a notice of this.

If the court makes a decision in absentia, a copy of it is sent to the defendant by registered mail with notification no later than 3 days after the hearing. If the defendant has a valid reason for failure to appear, he may request that the default judgment be vacated.

But only if it was the first or second no-show. The third failure to appear at the meeting is a reason for making a decision in absentia, regardless of the validity of the reason why the defendant did not come.

Automatic divorce without the presence of a defendant

This is another right of the court. It is based on the provisions of the RF IC and the RF Civil Code. To automatically dissolve a marriage, the court only needs to have information that the defendant:

• had the opportunity to get acquainted with the contents of the claim and the claims
• was duly notified of the place, date, time of the meeting

Terms of divorce without the presence of a spouse in court

Theoretically, they are the same as if both parties were present in the courtroom - at least a month from the date of filing the claim. Practically, the failure of one of the parties to appear delays the case.

If the defendant deliberately delays the case, nothing can be done. The disagreement of one of the spouses to divorce gives the court grounds to set a “period for reconciliation,” and usually it does so. You can only try to convince the court that the period should be one month, and not the maximum three.

And, on the contrary, if both parties do not want delays, although the defendant at the same time does not want to be present at the trial, the matter can be expedited as much as possible:

• Sent a representative in his place
• Before the first meeting, submit a petition to consider the case without a defendant, supporting it with a notarial consent to divorce

Then the marriage can be dissolved at the first meeting, which is what most divorcing couples want.

When is divorce possible without the presence of the husband or wife? Reasons for divorce without the participation of the parties

Let us repeat once again - a divorce without the participation (as well as without the consent) of one of the parties is possible, and, in the end, will take place. But the course of the procedure itself depends on the reason for the absence of one of the parties. The reason may be valid, then the absent party must notify the body dissolving the marriage about this, and everything will go “like clockwork.” If the reason is not valid and is explained by the desire of one of the parties to avoid divorce, the procedure will be delayed.

Physical impossibility of presence (absence for reasons not related to opposition to divorce proceedings)

Quite often, the spouse who is not the initiator of the divorce has nothing against getting a divorce, but appearing at the registry office or at a court hearing is difficult or impossible for him. For example:

• He may be in the hospital, or he may be prescribed bed rest at home.
• Be on a long business trip or work in another area
• Live in another country, another region, another city
• Finally, he may be limited in movement due to disability

In such cases, the non-appearing spouse may send (or submit) to the court a statement that he has received notice of the time and place of the hearing, is familiar with the claim, has no objections to the divorce, but cannot appear at the hearing for such and such a reason.

The reason should be documented (sick leave, disability certificate, certificate of place of residence, certificate of employment, etc.). This will be quite enough for the court to make a decision in his absence.

So, a spouse who agrees to a divorce and does not want to interfere with it, but is unable to be present at the registry office or in court, has the right to take the following actions (one of them is enough):

• Submit a petition to consider the case without his participation. The application must be accompanied by documentary evidence of a valid reason for failure to appear. By the way, if both divorcing spouses submit such a petition, the court will consider the case and divorce them in absentia. In this case, neither party will be required to be present in the courtroom, and this will not affect the outcome of the case. There will be a divorce
• Notarize the consent to divorce and submit it to the court. If both family members agree to a divorce, and there are no other disputes between them (the property is divided peacefully, an agreement on child support has been drawn up), the court can decide on a divorce at the very first meeting, bypassing the stage of “giving a period for the reconciliation of the spouses.”
• Notarize a power of attorney for another person. The authorized person (representative) will be able to perform all necessary actions on his behalf, in court and the registry office. The representative does not have to be a lawyer; you can issue a power of attorney to a friend or relative. Excluding the second divorcing spouse as an interested party.
• Submit a petition to the court to use video conferencing. If the technical capabilities of a particular judicial body allow, the “remote” presence of one of the spouses in the courtroom is possible. If there is a good reason for physical failure to appear in court, but if you wish to take part in the process, this option is allowed by modern courts.

Intentional absence (refusal to participate in divorce proceedings due to disagreement with the divorce)

The peculiarity of divorce proceedings is that their outcome is virtually predetermined from the moment the claim is filed. If divorce is impossible (in the already mentioned case of a pregnant woman not agreeing to it), the claim will simply not be accepted. In other cases, divorce is only a matter of time.

Therefore, deliberate failure to appear at a court hearing due to disagreement with the divorce is both effective and ineffective. On the one hand, the court perceives it quite adequately - as a manifestation of the protest of one of the spouses against the divorce. On the other hand, the disagreement of a husband or wife in itself is not at all a reason to deny the other party the right to divorce. So, ultimately, failure to appear for an unexcused reason can only delay, but not eliminate, divorce.

In practice this is usually what happens. If one of the spouses does not appear at the first meeting for an unexcused reason, the court gives the so-called “period for reconciliation” - from a month to three. And he schedules a new meeting. In case of repeated failure to appear, the meeting is postponed for another month. For the third time, the decision on divorce is made in the absence of the spouse who did not appear, if the spouse who appeared continues to insist on dissolution of the marriage.

If the divorce is complicated by disputes about alimony, children, or property, the court may take even longer. But, in the end, no matter how much the dissenting spouse “sabotages” the court hearings, he will be divorced, his property will be divided, and alimony will be awarded. Just not at once.

And most importantly, if he is not in the courtroom, he will not be able to defend his rights. All issues will be resolved at the discretion of the court and according to the requirements of the other spouse.

So any lawyer will tell you that deliberate failure to appear in court is a bad strategy that does not bring any benefit to the one who uses it. Unless it gives the opportunity to “play for time” and “get on the nerves” of the ex-husband or wife.

Other reasons for divorce without the participation of the parties

So, for what reasons might one spouse want to get a divorce without their own participation or the participation of the other party? We have already discussed the impossibility of physical attendance. In addition, the following situations occur:

• One of the spouses does not know the addresses of the husband and wife if they have not lived together for a long time, but are officially married
• The spouse who does not agree to the divorce behaves aggressively, and the other is simply afraid of contact with him
• The events leading up to the divorce were so contentious that both parties would prefer never to communicate again. And they don’t want to see each other even in the courtroom or registry office
• One of the parties categorically does not want to “waste time” on a divorce

In all these cases, the law allows for “unilateral” divorce. But, as we have already said, it will require a little more time than a divorce if the spouses take concerted actions in this direction.