How to file for divorce unilaterally, if there is a child and without children: through the registry office, through the court, via the Internet

Often, divorce is carried out not at the mutual desire of the spouses, but at the initiative of only one of them.

However, not everyone knows how to get a unilateral divorce through the registry office.

We implement this process throughout Russia, as well as through the courts. The features of each method depend on the reasons for the divorce and other important nuances of the case.

Is it possible to get a divorce unilaterally?

How to file for divorce unilaterally? This procedure is feasible in the Russian Federation. It occurs in accordance with the Family Code of the Russian Federation and can occur in exceptional cases.

However, there is such an opportunity, since every person has the right to personal freedom, to express his own will, regardless of the desire or ability of the second spouse.

In addition, depending on the characteristics of a particular situation, divorce can be:

• in a routine manner through the registry office;
• judicially.

The method depends not on the wishes of the parties, but on each individual case and its characteristics.

Conditions for divorce

A marriage is not normally terminated unilaterally. This requires the consent, desire and presence of both spouses. However, if at least one of the conditions cannot be met, unilateral divorce of persons is applied.

The reason for filing an application for unilateral dissolution of marriage may be:

• the second spouse’s reluctance to support the first spouse’s decision to divorce;
• impossibility of his presence at the trial.

If we dwell in detail on each of the points, then the spouse’s reluctance to divorce may have many reasons and grounds.

However, its absence in the divorce process is based on a number of circumstances:

• the absence of the second spouse due to his recognition as missing, this is clearly grounds for unilateral divorce;
• imprisonment in places of deprivation of liberty;
• incapacity of the second spouse.

Divorce through the registry office

We carry out divorce through the registry office only when both spouses are present and give confirmation for such a procedure. However, for a unilateral divorce through the registry office, there is also a legally established basis - the impossibility of the presence or confirmation of the second spouse.

This is exactly the case when the second spouse is declared missing, incompetent or imprisoned.

If the divorce is carried out for reasons of death, absence of the missing spouse or his incapacity, additional papers are required confirming this.

Divorce through court

All other cases in which the spouse does not want or cannot be present at the divorce are considered in court. The process begins with filing a claim, and if the other party fails to appear, it can be repeated three times.

During the consideration of the case, the court clarifies all the circumstances and can make one of three decisions:

1. satisfy the requirements of the interested party;
2. leave them unsatisfied;
3. postpone consideration of the case if it is possible to resolve the conflict.

Statement

Application for unilateral divorce - sample

How to file for unilateral divorce? An application for termination of marriage at the request of only one of the spouses is filled out in accordance with the rules established by law.

They provide for the inclusion of three parts in the application:

1. formal;
2. descriptive;
3. final one.

The first must include:

• indication of the name of the court;
• information about the plaintiff.

The second part necessarily includes:

• marriage registration data;
• data on the presence of minor children in the family, their age, place of residence, etc.;
• reasons and motives for wanting to divorce. If the decision is final, then it is better to immediately indicate that reconciliation and further life together is unacceptable and under no circumstances possible;
• information about the position of the second spouse.

The final part consists of the following points:

• a description of the legal norms on which the plaintiff relies in his arguments;
• the requirements for which the claim was filed. For example, divorce.

Required documents

The package of papers required for unilateral divorce may vary. It depends on the reason for the divorce and the specifics of the process. The list usually includes:

• application from the interested party for divorce. It is served in 3 copies;
• a receipt confirming that the state duty has been paid;
• marriage certificate;
• birth certificates of all children under 14 years of age;
• certificate from the place of registration of the second spouse.

Where to submit?

If the reasons and motives for a unilateral divorce make it possible to implement it through the registry office, then the papers should be submitted there. Otherwise, you must go to court.

The claim is traditionally filed with the judicial authorities at the place of residence of the defendant.

You can file a claim for unilateral termination of marriage at your own registration address if the plaintiff is ill or the defendant is declared missing or dead.

If there is no dispute about the future place of residence and the order of raising children between the parties, then the claim is considered by the magistrate court.

If there are property disputes amounting to more than 50 thousand rubles. or a dispute about children, then the matter falls within the jurisdiction of the city court.

Divorce term

The period from the beginning of the divorce process to the final dissolution of the marriage may vary. It directly depends on the characteristics of the case and the condition of the participants.

If both spouses mutually decided to divorce and gave their consent, then the marriage is dissolved in less than an hour. If the divorce is carried out unilaterally, then the period also depends on the reason and characteristics of the beginning of the case.

In other cases, the participants in the process are given a period of time to resolve the conflict and search for possible options for resolving disagreements.

The court has the right to set a period of up to three months if it considers that the parties can reach a consensus.

When is it not possible to get a unilateral divorce?

Women have the right to initiate divorce proceedings at any time.

However, with men the situation is different, namely:

• the spouse does not have the right to begin the divorce process if the wife is pregnant;
• The same rule applies if the child of the marriage is under 1 year old.

Moreover, a woman with a child under one year old or a pregnant woman has the right to file for divorce. Such a statement will not be accepted from a man, and if the circumstances become clear later, the divorce will be denied.

Is auto divorce possible?

Automatic divorce is used if the second spouse fails to appear in court three times.

After this, the divorce case will be resolved unilaterally in a positive way.

However, this may give rise to conflicts in the future, since the absent spouse has a legal opportunity to challenge the court decision and all its consequences.

As a result, we can implement a unilateral divorce both through the registry office and through the court. In the first case, the procedure is considered more simplified and is implemented faster and also cheaper. However, in certain circumstances, such as a dispute over children, the matter can only be resolved in court.

Unilateral divorce with children

From the point of view of legislation, the relationship of a married couple is their own matter. If they feel the urge to get a divorce, then only the interests of minors will be protected by the state (the relevant government agencies). There are basically two options for terminating the bond:

• by mutual consent - in the registry office;
• in the absence of such - in court.

Both orders have their own subtleties and limitations. Most of it comes down to the presence of minors who may suffer due to a change in the couple’s civil status. Therefore, unilateral divorces are a last resort, according to the legislator. However, there is an option when a person can initiate a break in ties without the consent of the partner.

Let's consider how to file for divorce unilaterally, what conditions to meet if there is a child and the registry office refuses to accept the application. We will also talk about what reasons contribute to the official registration of the actual destruction of the family.

Is it possible not to take into account the opinions of the spouse and what features exist?

The rules for divorce are described in Chapter 4 of the Family Code (FC). In particular, paragraph 22 describes the situation when one of the parties is against terminating the bond.

Thus, the very concept of unilateral divorce is included in the legislation. Consequently, a person is not obliged to seek the consent of a boring partner.

He is not prohibited from initiating a divorce if the opposite party has objections.

Attention: both methods involve one-way options. However, the divorce itself is associated with the presence or absence of circumstances specified in the legislation.

The simplified procedure is carried out without lengthy proceedings. Its algorithm is as follows:

1. Spouses are required to submit a joint application to the registry office, which expresses mutual consent to terminate family life.
2. State agency employees check the accuracy of the documents provided.
3. After a month, the divorcing couple needs to re-visit the government agency to sign and receive a document (each with their own) about changing the deed record.

Through the registry office, a marriage can be unilaterally dissolved if the following conditions are met:

• The couple has no children under 18:
  • relatives;
  • adopted;
  • reception;
• both agree to come and witness the destruction of the family.

If partners have young children, then the registry office can formalize the severance of ties in the following situations:

Each of the above circumstances prevents obtaining the partner’s consent to file a divorce. The law recognizes them as sufficient to disregard the will of a person who:

• is not responsible for his actions (incompetent);
• it is unknown where he is, therefore, he does not fulfill the duties of a spouse;
• committed a socially dangerous act.

A young person from 16 to 18 years of age is considered an adult if:

• official employment;
• registration as an individual entrepreneur;
• creating your own family.

Where to go if there are minors in the family

As can be seen from the above conditions, a unilateral divorce for a couple with a child in the registry office is a difficult undertaking. If the husband (as a rule, women are the initiators of breaking ties) is alive, healthy, and does not break the law, then he will have to go to court. This is exactly what is said in the paragraphs of Chapter 4 of the UK.

Hint: an application for divorce in the presence of minor children is written to the magistrate's court. The authority must be located in the area of ​​registration (location) of the plaintiff or defendant.

The legislation does not contain special clauses regarding the reasons for breaking ties. Such factors are considered a family matter. However, in the process of divorce through the court, the provisions of paragraph 22 will be taken into account. The article presupposes the right of the judge to make efforts to reconcile the parties.

The claim must be drawn up in such a way that the desire to break the bonds is:

• understandable;
• natural;
• justified.

The 17th paragraph of the IC describes special conditions under which a man is limited in his initiative. He is prohibited from filing a claim to sever the ties if the wife:

• pregnant;
• takes care of their joint baby, who is under one year old.

Hint: any offspring born in a marriage automatically becomes related not only to the mother, but also to the father.

Therefore, a man cannot file a unilateral application. While no such restrictions are imposed on women. They can initiate a divorce through the court in any situation.

What documents will be required

The contents of the package of papers depend entirely on which government agency the applicant will submit it to. So, the registry office requires a minimum of documents:

• if there is mutual agreement:
• copies of passports (you must come with the originals);
• the first copy of the marriage certificate;
• application (filled out on the spot by both parties);
• in the absence of the spouse’s consent, in addition (to those already indicated):
• court decision:
• on conviction for a term exceeding three years;
• on recognizing the second spouse as incompetent or missing.

Hint: government officials will independently check whether the couple has minor offspring.

Documents for divorce in court will have to be prepared more carefully. The above mentioned copies and originals should be placed in the package. But besides them, you need to work on:

• creating a statement of claim;
• selection of evidence base, consisting of certificates:
• about the composition of the family;
• about the place of registration and actual residence:
• both divorcing;
• minor offspring;
• about income and expenses;
• testimony;
• expert assessments and more.

Hint: It is important that the evidence shows the reason for the desire to break the ties. Although the court is obliged to consider any claim.

Contents of the statement of claim

The legislation contains requirements for the form and content of the claim. Moreover, the first ones are very strict. Violation of these rules will result in refusal to accept the application for consideration.

Attention: a claim drawn up without taking into account the norms described in Articles 131 and 132 of the Code of Civil Procedure will be left without consideration by the court.

The form of the document involves division into the following parts:

The header (in the upper right corner) must contain accurate information:

• about the name of the court and its location (you need to ask the specialists of the government agency);
• about the plaintiff and defendant in the format:
• FULL NAME;
• residential address (registration, if different);
• date and place of birth;
• place of employment;
• contact number;

The content is divided into two large sections:

• descriptive contains information about the circumstances of the case:
• where and when the marriage was registered (indicating the certificate number);
• presence of minor offspring and their personal data (with attached documents);
• the reason for the claim (describe clearly and consistently, and at the end indicate that family life has become impossible);
• whether agreement has been reached or not;
• The final section includes:
• references to the norms of current legislation;
• requirements for termination of the bond.
• list of attached papers.

Statements of claim are signed personally by the person presenting them to the court. In addition, you must submit the package in triplicate:

• one for the judge;
• the second will be sent to the defendant;
• the third will be marked and returned to the plaintiff.

You need to understand that divorce through court with children is a rather long and difficult process. The law is designed so that minors do not suffer material losses. Therefore, the judge is obliged:

• study all the nuances of the case;
• weigh the validity of the requirements;
• take into account the interests of minors.

The plaintiff himself can facilitate the process. To do this, you need to refer to the following circumstances:

• actually existing;
• making family life impossible;
• harming the moral and physical condition of the offspring.

Here are some reasons that make family life impossible:

• abuse of alcohol or drugs by one of the parties (a certificate from a medical institution is required);
• parasitism, that is, the absence of official employment for a long time, which causes harm to children (as a rule, is not taken into account in claims against women housewives);
• antisocial behavior, expressed by:
• depending on the slot machines;
• in affairs on the side (adultery);
• in addiction to visiting sleazy establishments and other things;
• aggressive behavior causing damage to health (a certificate of beating from doctors is needed):
• spouses;
• children or other relatives;
• moral pressure that is harmful to mental health (an expert assessment by a psychologist will be required).

Hint: the divorce process will go faster if you prove at the documentary level several reasons for the impossibility of preserving the marriage bond.

How long will it take to finalize a divorce?

The timing of the divorce also directly depends on the authority considering the application:

Civil registry office employees are given 30 days to prepare changes to the civil status act. If there are no objections and all the papers are in order, then in a month the marriage will be declared terminated.

The judge will begin the hearing at the same time (30 days later). The first meeting will be scheduled around this period. The speed of review may be affected by the following circumstances:

• filing a counterclaim by the defendant;
• providing them with their evidence that contradicts the plaintiff’s arguments;
• vagueness of the original claim.

For example, if a person declares his desire to get a divorce on September 15, 2017, then:

How to file for divorce unilaterally: if there is a child, without children, via the Internet, through the registry office,

When it comes to divorce, spouses are usually not eager to communicate with each other. In this case, understanding how to file for divorce unilaterally can be key and will allow you to avoid possible conflict.

If the decision to divorce is made by one of the spouses finally and irrevocably, there is no point in waiting for a response or the presence of the second spouse in court.

A divorce can be filed, depending on the circumstances, through the registry office , if the second spouse does not prevent this (Article 19 of the RF IC). And in the presence of minor children or in other cases provided for by law, only through the court.

Unilateral divorce order

When one of the spouses initiates the divorce and wants the divorce process to be carried out without the knowledge of the other half or without her voluntary consent, it is necessary to take into account the legal provisions established by the Family Code of the Russian Federation. Its norms regulate family relations and the procedure for resolving disputes in this category of cases.

According to the rules of the law, a marriage can be terminated unilaterally by filing an application with the registry office or through the court.

But the provisions of the Family Code limit the possibility for a husband to initiate divorce if the wife is pregnant or the baby is not yet one year old (Article 17 of the RF IC).

Although, under such circumstances, the law allows the spouse to obtain a divorce on her own initiative and these norms do not contain restrictions.

Divorce through the registry office

The procedure for divorce established by law through the registry office is a simplified procedure for divorce. This is possible under certain circumstances:

• A married couple should not have minor children.
• Both spouses must be present in person at the registry office.
• It is necessary that the spouses both agree to the divorce and that they do not have a dispute about how to divide the property.

However, for the last two cases there is an exception to the rule. Even without the presence and consent of one of the spouses, a marriage can be terminated through the registry office if:

1. One of the spouses is incapacitated.
2. Convicted of a crime for a term of 3 years or more.
3. Recognized as missing.

If you want to get a divorce at the registry office on your own initiative, if the spouses lived without children, you must prepare the following documents:

1. Application for divorce.
2. A receipt confirming payment of the state duty.
3. Marriage certificate.

Also, if there are children in the family or the spouses have not agreed on a divorce through the registry office, in addition to the above, you must add one more document depending on the situation:

• Confirmation of the incapacity of the second spouse.
• A sentence confirming the fact that the spouse has served in a correctional institution for a period of more than 3 years.
• A document establishing the fact that the spouse is missing.

In other circumstances, divorce will only have to be done through the courts.

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After submitting the application within a month, the initiator of the divorce can receive the corresponding certificate from the registry office.

How to get a divorce in court

Families who have a child , if the couple has not reached a mutual agreement on divorce, or if one of the spouses evades the divorce at the registry office (Art.

21 RF IC). If the married couple has exhausted all arguments for reconciliation of the parties, then the application for divorce must be submitted to the magistrate.

The rules of jurisdiction oblige the plaintiff to file a claim at the place of registration of the second spouse.

Important! The exception is the presence of illness or minor children. In this case, the application for divorce can be filed at the place of registration of the applicant or the defendant.

As a general rule, a magistrate cannot consider a divorce case for more than one month, and a district court cannot consider a divorce case for more than 2 months (Part 1 of Article 154 of the Code of Civil Procedure of the Russian Federation). However, it must be remembered that if one of the spouses insists on preserving the family, the court may grant a deferment for reconciliation and only after that, if the parties have not reconciled, will a decision be made.

Important! It is possible to obtain a court decision on divorce without the consent and presence of the second spouse if the latter fails to appear at the court hearing three times.

The following documents will need to be prepared for a unilateral divorce:

1. A claim that must indicate where and when the marriage was registered, whether the couple has common children, and their details. Also, the content of the claim must indicate whether or not the spouses have reached an agreement on the content and procedure for communicating and raising children. Are there any disagreements on this issue, as well as other reasons for divorce and requirements that should be considered simultaneously with this claim (for example, a claim for alimony for a spouse or children)
2. Marriage certificate.
3. Children's birth certificate.
4. Evidence of payment of the state duty (clause 5, clause 1, article 333.19 of the Tax Code of the Russian Federation).
5. Power of attorney for the representative, his passport, if interests in court are represented by an authorized person.

To all of the above, if any, the following agreements are added:

• on the procedure for spouses to exercise parental rights;
• about alimony, its amounts and methods of payment
• on the division of common property, etc.

The listed documents must also be provided to the court.

If one of the spouses has a document that can serve as a reason for divorce (for example, a medical certificate stating that the spouse is a chronic alcoholic or drug addict), it should also be attached to the statement of claim as an evidence base arguing the reason for the divorce.

The number of copies of submitted documents depends on the number of participants in the trial, as well as third parties taking part in it.

State registration of divorced marriage

State registration of a divorce is a mandatory procedure after receiving the relevant court decision.

An application to the registry office that the marriage has been dissolved by the court can be submitted in writing or through the public services portal. In addition to the application for state registration of divorce, you must provide:

1. passport or both passports of spouses;
2. a copy of the court decision that has entered into force;
3. document confirming payment of the state duty.

If the package of documents provided to the registry office includes all the necessary documents, then state registration of the divorced marriage will be carried out on the same day. A divorce certificate can be issued to spouses on the day of registration of a divorced marriage (Article 38 of Law No. 143-FZ).

Divorce via the Internet

The government services portal makes it possible for spouses to divorce via the Internet if they do not have any disagreements, joint minor children, or disputes about property. That is, they could, if they wished, dissolve the union in the registry office.

In this case, you need to register on the government services website and then act in accordance with the instructions on each window that opens on your monitor and the proposed procedure. To file a divorce through the government services website, in addition to registering and performing a certain procedure suggested by the site, you need to scan and attach scanned copies of the following documents:

1. applicant's passport;
2. SNILS;
3. Marriage certificate;
4. in some cases a court decision.

Information about the second spouse must also be additionally indicated.

Based on the results of processing the submitted application, the applicant will be notified of the need to visit the registry office to obtain a divorce certificate on paper.

The applicant also needs to take care of paying the state fee. This can be done either through a bank or directly through the government services portal.

The desire of one of the spouses to end the marriage unilaterally can be realized both through the registry office and in court. In both cases, the conditions under which this becomes possible are established by the norms of Russian family legislation.

To avoid delaying the legal process and any incidents when filling out and submitting documents, during the legal process it is better to seek the advice of a lawyer or contact law enforcement officers who specialize in resolving disputes in this category of cases.

How to file for divorce unilaterally?

The article addresses the following questions:

• is it possible to get a divorce if one of the spouses is against it;
• how to file for divorce unilaterally;
• how to get a unilateral divorce through the court;
• how to get a unilateral divorce through the registry office;
• unilateral divorce with children.

Also here you can get a free consultation with a lawyer on divorce proceedings or if you need help in drawing up a statement of claim to the court.

Divorce or dissolution of marriage affects both parties to the marital relationship and changes the status of husband and wife to that of ex-husband and ex-wife.

Divorce is one of the legal facts that ends a marriage, along with the death or recognition of one of the spouses as deceased.

There are two ways to dissolve a failed marriage - administrative and judicial.

• The administrative procedure is the procedure for divorce in the civil registry office.
• Judicial order is the order of divorce in court.

When the spouses do not have a dispute about minor children, the marriage is dissolved by a magistrate. The magistrate also decides cases on the division of property between former spouses with a claim value of up to fifty thousand rubles. In other cases, divorce cases are heard by a court of general jurisdiction.

Unilateral divorce occurs on the initiative of one spouse in the absence of disagreement or the absence of the expressed consent of the other spouse.

There is one restriction on unilateral divorce: a spouse cannot demand a divorce without the written consent of the spouse during the period of pregnancy of the spouse or if there is a child under one year old; if a stillborn child is born in the family or an infant under one year of age dies, then the spouse is also limited in the right to initiate divorce. In this case, the spouse can demand a divorce both during her pregnancy and before the child leaves infancy.

How to dissolve a marriage in the registry office?

At the registry office, the marriage is dissolved by the mutual consent of the spouses expressed in the application. They submit an application and a month later receive a divorce certificate. An important condition for an administrative divorce : the spouses do not have children or a property dispute.

The application for divorce is signed and submitted by both spouses; it can be considered in the absence of the second spouse, if he has previously clearly and unambiguously expressed his consent to the divorce and certified it by a notary.

If any condition is not met - the spouse’s disagreement, the presence of children or a property dispute - the registry office authorities return the application, and the marriage is dissolved by the court .

The facts of recognition of a spouse as missing or his incapacity are confirmed by a court decision, the fact of a spouse being sentenced to imprisonment - by a court verdict.

Before submitting an application to the Civil Registry Office, you must pay the state fee and attach a document confirming payment to the application.

Is it possible to get a divorce if one of the spouses is against it?

The possibility of dissolving a marriage in the absence of the consent of the second spouse is exercised in court.

Unilateral divorce is carried out in the following way:

1. the initiator of the divorce draws up a statement of claim for divorce;
2. collects evidence of the impossibility of continuing family life;
3. collects evidence on related requirements (determination of the place of residence of common minor children, collection of alimony, division of common joint property), if they are stated;
4. pays the state fee;
5. files a claim in court;
6. appears in court for a hearing;
7. receives a copy of the court decision;
8. draws up a divorce certificate.

The court provides, at its discretion, time (up to three months) for reconciliation of the spouses and may postpone the hearing on the divorce proceedings for this period.

The court dissolves the marriage without the consent of the second spouse if it determines that further life of the spouses together is impossible, conciliatory measures have not yielded results.

If the plaintiff presents evidence of the use of violence, a real danger when living with the defendant, the court may declare the marriage dissolved without setting a deadline for reconciliation.

The plaintiff encloses the following documents with the divorce claim:

• copies of the marriage certificate, passports of the husband and wife, birth certificates of common children, title documents for property acquired during the marriage. The originals are presented to the court during the trial for review.
• written testimonies from acquaintances, neighbors, relatives, from which it follows how favorable the situation in the family was, whether the relationship between the spouses was good. These persons can also be asked to appear in court as witnesses to confirm what is written.
• evidence of domestic violence, immoral behavior of the spouse - if any. This could be certificates of battery, an agreement on the provision of psychoclonic assistance in the provision of psychological violence. Immoral behavior is more difficult to prove unless it has created an unhealthy lifestyle. Documents on registration with a psychiatric, drug addiction, or venereal disease dispensary will confirm the discrepancy between the defendant’s lifestyle and moral standards.
• evidence of adultery – if available. It is best to obtain photographs, videos, printouts of calls and messages from telephones, email, social networks and other means of communication with the help of a lawyer. It is he who will help draw up the documents so that they can be declared evidence in court.
• agreements on children and alimony, if they are reached between spouses and certified by a notary. If such agreements are not reached, then documents must be submitted indicating the preferred determination of the child’s place of residence and confirming the right to receive alimony.
• a copy of the power of attorney, if the interests of the plaintiff are represented by another person, for example, a lawyer.
• other documents that you consider necessary to present in court.

The statement of claim is drawn up in two copies - one is included in the case materials, the second is sent to the defendant.

What if you don't show up to court for your divorce?

If the defendant fails to appear at the court hearing three times, then the marriage is dissolved in his absence.

The defendant has the right to appeal the divorce decree and restore his marital status if he proves that the reason for his absence is valid or he was not properly notified of the scheduled meeting.

The plaintiff can then resume the divorce proceedings; If in this case the defendant does not appear in court, the marriage will be dissolved again, and the defendant will lose the right to appeal the court decision.

The reason for the divorce, by and large, does not play a role when the court makes a decision. The expressed reluctance of one spouse to be married to the other spouse is sufficient. Therefore, the initiator of the divorce may not collect evidence of the impossibility of continuing the marital relationship.

But practice shows that the quality of the evidence base determines how long or quick the divorce process will be.

Also, part of the collected evidence will serve in resolving other issues - the property issue of division, leaving a child with one of the parents, and collecting alimony.

Where to file for divorce?

But if the plaintiff knows for certain where the defendant lives, and also if the plaintiff, due to the state of his health, the health of a common minor child or due to caring for a common minor child, cannot file an application with jurisdiction, he has the right to file a claim at his location, indicating in it all known methods of contacting the defendant: telephone numbers, residential address, email, place and address of work.

How can you get a unilateral divorce? Let's sum it up

1. A unilateral divorce through the registry office is possible only if the spouse is missing, incapacitated, or serving a sentence of more than three years.
2. A unilateral divorce through the court is possible at the request of one of the spouses. If there are compelling reasons, the court will dissolve the marriage between the spouses immediately. If there are no compelling reasons, it will give the spouses a period of up to three months for reconciliation; if the goal of reconciliation is not achieved, the marriage will be dissolved; If the second spouse fails to appear in court, the marriage is dissolved after three such failures to appear.

How to file for divorce unilaterally - via the Internet to the court, the registry office, government services, if there are no children, if there is a child

If a person wants to get a divorce, then he should check with his significant other about his opinion. If this is not a mutual desire, then divorce is possible only in court. But there are situations when the second spouse is completely against such an action and has to submit an application unilaterally. When is this possible and what are the features of the procedure?

Basic information

No matter how sad this situation is, not all marriages maintain a social unit at the legal level. Almost half of marriages break up at the initial level.

Accordingly, the result is a trip to the authorized authorities to dissolve the marriage. The procedure involves quite a few peculiarities and is generally unpleasant in all respects. But almost every second person has to go through it.

If the decision is made finally, then the spouses need to decide on the court and other issues. If there are minor children, a claim is submitted to the district court.

It is he who resolves such issues, as well as regarding property disputes in the amount of more than 50,000 rubles. If there are no children and the amount of the property dispute is less than 50,000 rubles, then the debriefing takes place in the magistrate’s court.

If the spouses came to this conclusion mutually, then you can get by with a trip to the registry office for a period of one month. Each of the processes is accompanied by a certain state fee for the action.

In both cases, the cost will be 650 rubles. If this is a unilateral order in the absence of the second party - 350 rubles.

Common Causes

Reasons for unilateral dissolution of a marriage may be:

1. recognition of a person as incompetent;
2. upon the death of a spouse;
3. if he is imprisoned for a term of more than three years;
4. when declared missing;
5. in the absence of consent to divorce.

If the second person is also not against the divorce, but is unable to attend for any reason , then the following actions may occur:

1. he has the right to write a statement of the established form to the authorized body, certify it and send it to the address of the authority;
2. It is also possible to provide a representative to the authorized body who can legally represent the interests of the defendant.

In case of unilateral filing, as a rule, absentee proceedings are used.

This often happens if:

1. the defendant was duly notified of the court hearing, but was unable to appear, and also did not warn about it. It is possible to postpone the deadline if there is a good reason or a request for postponement. The court has the right to make a decision on divorce without even holding an in-person hearing;
2. If the court establishes a valid reason for failure to appear, but the defendant does not communicate this in a timely manner, it can either postpone the deadline or cancel the decision. But if renewal occurs, the defendant is required to appear at trial.

To court

To file a claim in court, a person must pay a state fee of 350 rubles, and also attach a full package of documents.

The Magistrate's Court hears cases regarding divorce without minor children or in the presence of an agreement. It can also consider a divorce case with a property dispute of up to 50,000 rubles.

The rest is considered by the district court at the place of registration or residence of the defendant. If the plaintiff is in poor health or has minor children, then the filing can be made at the place of registration or residence of the plaintiff.

The algorithm here is as follows:

1. submission of a complete package of documents and application;
2. consideration of the case in the presence of all parties;
3. listening to arguments on this issue;
4. making a decision;
5. entry into force of the decision;
6. obtaining a divorce certificate.

Through the registry office

Through the registry office, spouses who do not have property disputes, as well as minor children, can get a divorce. It is possible to file a unilateral claim if there is a ruling on the disappearance, death or recognition of a person as incompetent.

The algorithm here is as follows:

1. collection of a complete package of documents;
2. payment of state duty;
3. the application form is filled out correctly;
4. submitted to the authorized body;
5. a month later the person receives a stamp and a divorce certificate.

Through government services

Remote control of services via the Internet is now available. The State Services website was created specifically for this purpose. This is where you can view all taxes, fines and pay them. A service for filing claims, divorce or wedding applications is also available.

To do this, you need:

1. go to the official State Services resource;
2. log in by entering personal information;
3. go to the public services tab;
4. choose to submit an application;
5. fill out the form correctly;
6. pay the state fee;
7. choose the authority where it is best to pick up the divorce certificate.

This issue is regulated by the Family Code of the Russian Federation, namely:

1. Article 19, which displays all cases of divorce with minor children;
2. Articles 16–26 regulate the termination of the marital union in general.

Procedure

The procedure for each specific case is individual.

If we identify the general order, then:

1. the citizen collects a complete package of documents;
2. submits a correctly completed application in the established form;
3. pays the mandatory state fee;
4. confirms the grounds with documents;
5. receives a stamp and certificate of divorce after a month of consideration by the authorized body.

Required package of documents

To file a divorce request, the applicant will need to provide a complete package of documents for consideration.

Of these it is worth highlighting:

1. receipt of payment of mandatory state duty;
2. application of the established form;
3. certificate of marriage;
4. birth certificate of minor children;
5. documentation that confirms property disputes;
6. passports of each party.

Where to apply

An application of the established form must be submitted to one of the authorized bodies. This is possible either in person when contacting the office, or by mail if necessary.

It is possible to submit a request for unilateral divorce through:

1. MARRIAGE REGISTRY;
2. magistrate or district court;
3. Government services portal to save time.

Through the Internet

Now it is possible to file a claim via the Internet using the Gosulug portal. But how to file for divorce unilaterally?

To do this, you must have a registered account on the official portal of State Services and be a user.

Here you need to select registration for unilateral divorce, fill out the form provided and select the branch of the authorized body. Scan and upload supporting documents and enter additional information.

Emerging nuances

Sometimes situations arise that a person does not confirm the grounds or simply cannot confirm them, since the spouse has disappeared.

If this is the case, then it is necessary to file a statement with the police, and after investigative measures and a court order, the citizen will be able to get a divorce and get a stamp in his passport.

Nuances may arise if the spouse has lost the document establishing the marriage union. Then he will have to pay the state fee, restore the document, and only then submit demands for dissolution of the union.

It often happens that a person files an application, the court sends a notice to the defendant, and he visits the court. In this case, you will have to submit the application again, pay the state fee and fill out the application correctly in relation to this case.

If there is a child

If there is a minor child, then on the basis of a unilateral divorce, a decision is made to leave him with the plaintiff. To do this, all necessary information is checked and information about the second person is requested.

In this case, the state fee is not paid. The stamp is affixed on the basis of the absence of the other party and the decision on divorce proceedings.

If there are no children

If there are no minor children, then a decision is made at the registry office. To do this, you only need to provide supporting documentation and pay the state fee.

As a rule, a decision is made a month after checking all the documentation provided.

With division of property

If there is jointly acquired property, then it is necessary to submit a claim to the magistrates or district court, depending on the amount of the claim.

It is also required to provide supporting documents from the court in relation to the defendant and title documents for the property

The basis for dissolution of a marriage union is the unwillingness of at least one party to be in a marriage union with the other. This basis cannot be applied if the spouse is pregnant or caring for a child under one year old. But this rule applies only to men.

If a woman independently decides to leave, then she notifies the authorized body about the possibility of supporting herself and the child financially.