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Very often, after long-term family conflicts, one of the spouses begins to threaten their other half with filing for divorce. It often happens that a husband and wife no longer live together, and therefore the second spouse is forced to live as if “on a powder keg”, waiting for his marriage partner to file divorce papers. The situation is doubly complicated if the place of residence of one of the spouses is unofficial and he risks missing the court’s notification of the acceptance of the case for proceedings.
We will look at how to find out whether a wife or husband has filed for divorce in this publication.
How can you find out if your spouse has filed for divorce?
There is even more than one way to find out whether your spouse has filed for divorce without communicating with him personally. The main thing you should understand for yourself is that no one can scam a citizen without his knowledge. Such a decision will be considered fictitious, and any court will cancel it at the request of the person.
If there are no children (divorce goes through the registry office)
If the spouses do not have jointly acquired property or children, the divorce can go through the registry office. Many citizens think that these authorities can divorce them on the first application, and they won’t have to wait for their spouse’s consent, but in reality this is not the case for us.
There are a number of legal nuances:
- The registry office will be required to give the spouses a month for reconciliation. By law, the second partner must be officially notified of the time frame allocated for resolving the conflict, but in practice this often does not happen. Such violations can be challenged in court.
- Divorce in the registry office is possible only by mutual consent. Forced divorce proceedings always go through the courts.
- The existence of a marriage contract is not a reason for the registry office not to notify the second spouse of a divorce or to complete a divorce without him, even if this is stated in the agreement itself. According to the legislation of the Russian Federation, any clauses of the contract that contradict the law are automatically declared invalid.
In case of divorce through court
If a divorce is initiated through the court, the citizen will be notified by a summons, but then nothing can be changed - you will just need to go to the trial and defend your rights there. It is also worth noting that before the hearing, the court always gives the couple a month to reconcile. If the second spouse was not notified (or notified in an inappropriate manner) about the beginning of this period, it will be considered illegitimate and will begin again.
How can you find out whether your wife has filed for divorce in court if the summons does not arrive, and rumors say that it is time? The summons may not arrive if the spouse was not notified of the defendant’s place of residence and does not know his contact information. In this case, notice of the start of the hearing will be posted online and in the local newspaper.
Challenging a court decision
If a situation arises where the marriage is dissolved without the knowledge of the second spouse, he has the right to protect his rights and appeal the decision.
- It is important to contact the department as early as possible so as not to miss the deadline for filing an appeal;
- To challenge it, you must file a complaint in the same court where the decision was made.
Current legislation allows you to quickly and completely find out where and when the application for divorce was filed, and also ensures that the spouse is notified on time. If exceptional cases arise when an “absentia” divorce is performed, you can protect your rights and, according to all the rules, formalize a divorce or prevent it.
