Is it possible and how to file for divorce in another city without registration?

Is it possible to get a divorce in another city? This question is asked to lawyers all over Russia. Spouses often do not know what to do if one or both of them live in a different locality than the one they signed up for. However, in 2023 this is not a problem: divorce is a standard procedure, it is simply carried out in another locality.

In this case, it will be better if the decision is made by common consent and there are no minor children in the family. Otherwise, only through the court.

A divorce in another city is carried out in the registry office when all the requirements and formalities are met.

It is not necessary for spouses to go to the city where the marriage took place (Law “On Civil Registration”, Article 32). You can contact any registry office (and any court) at the place of registration or stay (for example, if the housing is rented).

These actions are not regulated by law. In other words, the question of whether it is possible to submit an application without registration should not cause difficulties. No documents are required to justify the choice of institution.

To file a divorce quickly, additional requirements must be met:

• property relations have been settled;
• a month must pass from receiving the certificate to submitting the application;
• Both spouses participate in the procedure (if one does not appear, it is considered that he does not agree).

When there is a court decision that the second spouse is incompetent, is serving a sentence of more than three years, or is missing, his consent does not need to be obtained.

That is, to the question whether it is possible to submit an application without a spouse’s registration, a positive answer is given . The presence of children is not an obstacle.

Divorce through the registry office or court

In case of controversial issues, a claim for divorce is filed in the district court . A spouse living in another city sends documents via postal service.

The most popular unsolved questions are:

• one of the partners wants to maintain marital status;
• questions about meetings, maintenance and permanent residence of children are unclear;
• the procedure for dividing property (worth more than 50,000 rubles) has not been established.

If there are no such disputes, then you should contact the registry office or a magistrate.

In this case, the question of whether it is possible to file for divorce in another city is resolved much faster.

Preparation of documents

A standard divorce in another locality requires the preparation of appropriate documents . These include:

• joint statement;
• marriage certificate;
• receipt of payment of state duty.

As mentioned above, a nonresident spouse may not come to another city, but send a separate application to the registry office (Federal Law “On the Civil Status Act,” Article 33).

There must be two receipts for payment of the state duty. In addition, you need a passport of the spouse who is present at the government agency.

If there are no problems with the papers, then the question of whether it is possible to get a divorce in a city other than the one where you signed is usually given a positive answer.

After visiting the registry office, you need to do the following:

• fill out the application form;
• pay the required amount of state duty;
• submit a complete set of documents;
• wait for the result and pick up the divorce certificate.

Dissolution of the marriage union is formalized only after confirmation of the data (a corresponding request is sent to the registry office).

In controversial situations, the task of how to stamp a divorce on a passport in another city requires filing a claim in court.

Here you will need:

• a statement of claim drawn up in accordance with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation, including the name of the receiving authority, full name/address of the applicant and defendant, description of the circumstances, date and signature;
• originator's passport;
• Marriage certificate;
• documents for children;
• receipt of payment of state duty;
• papers establishing the right to real estate and expensive things;
• copies of all provided documents.

What to include in a divorce claim

Four points need to be made:

• reasons for family breakdown;
• issues that the spouse intends to discuss;
• date and place of registration of the relationship;
• It is imperative to note whether it has been decided with whom the children stay.

Additional nuances

It happens that it is impossible to determine the location of a spouse . In this case, a divorce based on a court decision will be processed by specialists from the registration authority.

• Divorce is also provided for at the place of the husband’s military service - the absence of controversial issues will allow you to get a divorce through the civil registry office (otherwise, through the court).
• A convicted husband serving his sentence in another locality also does not pose an obstacle to divorce - he submits an application at his last confirmed place of residence.
• It would be a good idea to study Federal Law No. 143 on how to divorce your wife if she lives in another city.

Court officials can accommodate a spouse who wants to save the marriage and give three months to improve relations. Those who are sure that they will not reconcile with their significant other can try to talk to the judge.

This requires compelling reasons - for example, a spouse’s addiction to alcohol, confirmed by a certificate from a medical institution and testimony of witnesses.

If a woman is pregnant, the man must wait until the child is one year old and only then think about how to obtain a divorce certificate.

Who to contact for help

It is better to contact a lawyer for support . He will analyze the problem and offer the optimal solution.

You can issue a power of attorney for a lawyer . After this, he becomes the official representative of the client in court or other government agencies: he takes upon himself the collection of documents, drawing up a claim, professional advice, defense and other issues.

Distances are not a hindrance as long as the client is under the protection of a competent lawyer.

Now you know how to file a divorce if the spouses live in different cities, and that there should not be any difficulties here.

The registry office or court must accept applications from citizens and carry out a standard procedure, following the requirements of the law.

Is it possible to file for divorce in another city without registration and residence permit?

Moving to another city is a fairly common occurrence. However, as statistics show, half of marriages break up over time. There is a widespread belief among the population that in order to end a marriage, it is necessary to come to the authority that previously registered the marriage.

But citizens cannot always do this. In this case, the question arises: can an application for divorce be filed in another city?

Composition of regulations on this issue

To answer this question, it is necessary to turn to the legislation.

The issue of marriage and dissolution of unions is regulated by the Family Code.

Reference! The eighteenth and nineteenth articles state that spouses who do not have children can break off their relationship at the registry office.

These regulations do not provide instructions regarding a specific institution. That is, the legislator reserves the right for spouses to end their marriage in the registry office office that is located closer to the location where they live.

Which institution should I contact?

In fact, spouses have the right to apply to any authority endowed with the relevant functions in the city where they are staying.

In this case, no restrictions are imposed. Therefore, you can contact the nearest registry office, fill out the application and submit it along with the necessary documentation.

It is also worth remembering that the application will be accepted only after payment of the state fee, so you will also have to provide the corresponding receipt.

One spouse can also bring an application if the other party is unable to do so for some reason. However, such a statement must be signed by both members of the disintegrating union.

The signatures themselves must be notarized. Such a statement (with notarization) is a good way to file a divorce if the spouses live in different cities.

Stamp in the passport

After the process is completed, citizens will receive a special document, that is, a certificate that confirms the fact of the breakup of the union.

At the same time, citizens also need to get a stamp in their passport. To do this, you will need to contact the FMS department, which is located in the region where the former spouses live.

Is it necessary to have a residence permit?

Citizens do not always have registration in the locality where they live. Is it possible to file for divorce in another city without registration and residence permit? Spouses have a similar opportunity. Lack of registration is not a serious obstacle to ending a marriage.

Attention! But divorce without any registration in court is impossible.

When filling out applications to the registry office and other documents related to this procedure, you can enter data regarding the actual address of your current residence.

In this case, notifications will be sent via it. However, there is a certain risk that the notification letter will not reach the addressee.

Divorce without registration

As already mentioned, you can get a divorce without registration. But the possibility of carrying out the procedure depends on whether the spouses have common children who were born during the marriage or not.

If you have children

Article 21 of this set of laws indicates that the presence of a minor in the family is sufficient grounds for breaking off relations exclusively through the courts.

This rule applies only to minor children.

It is possible to file a claim in a locality without registration there. However, it is necessary to pay attention to one nuance.

Although registration is not mandatory, the plaintiff is subject to requirements regarding temporary registration. If a citizen has one, he is free to file a claim where he lives, and not where he is registered; if not, there is no such possibility.

If children are absent

If there are no children, you can end the relationship by contacting the registration authority. How to file for divorce if the marriage is registered in another city? It is enough to contact the nearest institution. As already mentioned, the person filling out the application has the opportunity to indicate in it the address at which he currently lives.

How to divorce your husband if he lives in another city and the couple has no children? First of all, you should fill out an application. Next, you need to resort to postal services to send the document to your husband. Its preliminary certification by a notary is mandatory.

You also need to draw up a power of attorney, which should also be sent to your husband (he must also be certified). But this method is only suitable for those couples whose members express mutual consent.

Obtaining a divorce certificate while staying in another locality

• Now, to do this, it is not necessary to personally go to the locality where the divorce process took place.
• It is enough to send a written request using an order sheet.
• Employees of the relevant institution will process the request and prepare the document.

Next, it is sent to the civil registry office located in the applicant’s city of residence. After delivery of the document, the latter must come to this institution and pick up the certificate.

Please note that sending original documents by mail is prohibited. In this way you can get a duplicate or copy.

Conclusion

Thus, the nearest registry office is the place where you can get a divorce if you signed in another city. At the same time, there must be agreement between citizens on this issue. The presence of a baby and disputes that are of a material nature make breaking the union in the registry office impossible.

In this case, going to court can help. Although registration is not required to apply, citizens are required to have temporary registration. It is more difficult to do this in the absence of consent from the spouse.

If she lives in another city, how can I divorce my wife without her consent? In principle, at the legislative level it is possible to file a claim at the place of residence that is registered with the plaintiff.

How to get a divorce in a city other than the one in which the marriage was registered

Situations in the life of each family can develop differently, and one day it is quite possible to face the problem of divorce. In this case, the decision to dissolve the marriage can come from any spouse.

In order to get a divorce, it is not at all necessary to go to the place where the marriage was originally formalized: after all, it is not always the family (or just one person) who lives in the same place where the marriage took place.

Divorce (or dissolution of marriage) occurs at the place of residence of the spouses, or the place of registration of their marriage (this is established by the Family Code, the Law “On Civil Status Acts”).

It happens, however, that the location of one of the spouses is unknown to the person who decided to divorce, or the possibility of traveling to another city is associated with certain difficulties: health, the presence of children, etc. The law allows you to file a divorce at the place of residence of one person.

See also: unilateral divorce.

Divorce in another city - through the registry office or through the court?

There are only two ways to divorce a marriage: administratively (through the registry office), or in court.

The registry office dissolves marriages in the following cases (Article 19 of the RF IC):

• no common minor children;
• mutual agreement of the parties has been reached;
• In a number of special cases (the spouse has been sentenced to a term of over 3 years, is incompetent, or has disappeared).

You will have to get a divorce in court if:

The nuances of divorce in another city

The procedure for dissolving a marriage not at the place of registration has some nuances, which are useful to know in order to carry out a divorce without unnecessary delays. Usually there is a need to answer a number of questions.

What is needed for this

To dissolve a marriage, either mutual desire or the decision of one of the spouses is necessary. Documents are submitted either to the registry office or to a court (usually a magistrates' court).

For an administrative divorce in another city, an application is submitted at the place of residence of one of the spouses.

In court, termination is carried out at the request of an interested party. According to the rules of the Code of Civil Procedure of the Russian Federation (Article 29 of the Code of Civil Procedure), the plaintiff can apply either to the court at the place of residence of the defendant or at his place of residence (but his application must be supported by reasons - children, health, financial situation does not allow travel, etc.).

What documents will be required

For divorce in the registry office the following documents are required:

• a statement drawn up by the spouses;
• notarized consent to the divorce of the spouse who cannot be present at the divorce;
• a copy of the marriage certificate, a receipt for payment of the state duty.

Original documents (certificates, passports) are presented when submitting and when performing registration actions.

To obtain a divorce in court, you should file a statement of claim and collect a wider set of documents:

• plaintiff's passport;
• information about the defendant (place of residence, full name, etc.);
• Marriage certificate;
• children's birth certificates (or their passports);
• certificate from the plaintiff’s place of residence (and the child’s place of residence);
• receipt of state duty;

Depending on the issues resolved by the court, certificates of salary, availability of property and other documents may be needed.

A civil marriage is not dissolved ; issues of division of property are resolved not according to the norms of the Family Code, but according to the Civil Code of the Russian Federation.

If the spouse is foreign

If the nonresident spouse does not consent to the divorce, most likely the issue will be resolved through the court.

If there is consent of the second spouse

If there is the consent of the spouse (certified by a notary), he may not be present during the divorce at the registry office . The procedure will not take more than one month. If you agree to a divorce in court, the court will not investigate the reasons for the divorce, and it will go through faster.

If one or both spouses do not have residence permit or registration

A divorce can also be obtained at the place of temporary registration of one of the spouses. Employees of the civil registry office will make a corresponding request and formalize the divorce.

Even if neither the husband nor the wife has temporary registration, then you need to get it.

If there is a child

A common minor child is the reason why you will have to get a divorce in court. If the child is over 18 years old, you can get a divorce at the registry office. Otherwise, the rules are the same as for a divorce without children. Just don't forget your child's birth certificate.

We are getting divorced in the same city, but through a different registry office

Such a divorce is possible in your own city, but to shorten the entire procedure (saving time on requests, etc.), it is still recommended to write an application in the registry office department where the marriage was registered.

How to get a divorce certificate while in another city

Until a divorce certificate is received, neither ex-spouses has the right to remarry. Therefore, even after a court decision on divorce, it is necessary to obtain such a certificate from the registry office.

The certificate is issued in the presence of at least one of the divorcees . A request for a certificate can be obtained by sending a request through the government services website or by registered mail.

Thus, if one or both spouses does not have the opportunity to have a divorce in the city where it was registered, the law makes it possible (subject to certain conditions) to do this without leaving the place of residence.

Is it possible to file for divorce in another city without registration: how to file if spouses live in different cities

The decision to dissolve the union usually occurs after the spouses have actually separated. In this case, one of the parties may leave the permanent registration address.

Spouses can live in different localities and regions of the Russian Federation. The question of divorce may arise if one of the parties cannot independently be present in the city.

Let's consider whether it is possible to file for divorce in another city.

Can I apply in another city?

To dissolve the union, the parties must contact:

• judicial authorities (magistrate, city and district courts);
• district registry office.

The law limits the list of organizations that can resolve the issue of divorce. To apply, you can contact:

• in the registry office at the place of registration of the husband or at the place of registration of the wife;
• in the registry office at the place of marriage;
• to the court at the place of residence of the defendant;
• to the court at the plaintiff’s place of residence (if the statement of claim contains a demand for the recovery of financial support for minor children).

Submitting an application in another city is possible as follows:

• having issued temporary registration (for divorce through the registry office);
• by paying for the services of a representative (for divorce through the court).

Attention! For divorce, you can send documents not only to your permanent place of residence, but also to your temporary place of residence. Therefore, if necessary, to file a divorce through the registry office, the spouses (one of them) can register at their place of residence.

A citizen has the right to hire a representative. The lawyer will not only submit an application to the court, but also represent the interests of the applicant in the process. The representative must obtain a formal notarized power of attorney.

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.

Going to court

Issues regarding divorce are considered in the magistrate, district or city court. The Family Code provides for appeal to the magistrate court in the following cases:

• spouses have no disputes about property;
• the parties have no disputes regarding minor children;
• one of the parties objects to the dissolution of the union.

Important ! Documents are subject to consideration in a district or city court if the parties have disputes about children or property.

Let's consider whether it is possible to get a divorce in another city without registration. Registration is key when filing an application for divorce in court. However, when sending a statement of claim, the documents must be submitted:

• at the place of registration of the defendant;
• at the applicant’s place (if the requirements include the collection of financial support for minor children).

The application can be submitted to the court by mail from anywhere in the country. However, you can file a claim at the place of residence of the children only if you have temporary or permanent registration at the place of application.

Algorithm for filing an application to court:

• collection of documents;
• drawing up an application;
• participation in a court hearing;
• obtaining a court decision;
• registration of divorce in the registry office.

Collection of documents

Let's look at how to file for divorce if the marriage is registered in another city. Documents can be sent by mail or transmitted with the help of a representative. The list of documents for the magistrate's court should include:

• the applicant's civil passport;
• certificate from the migration service;
• original marriage certificate;
• documents for children (if available);
• data on the income of the spouses (if there are requirements for alimony).

The fee to the magistrate's court is 650 rubles. from each spouse.

The list of data for a district or city court must additionally include:

• title documents for property (if there are requirements for division of property);
• characterizing materials on parents and children (when resolving the issue of determining the place of residence of minors).

The fee to a city or district court will be 650 rubles. on each side and a percentage of the value of the disputed property. The payment for a property claim is no less than 400 rubles and no more than 60,000 rubles.

Filing a claim

Let's consider whether it is possible to file for divorce in another city without registration. For applying to the judicial authorities, the applicant’s registration is not of key importance. The documents are sent to the judicial authorities at the place of registration of the defendant.

The application is drawn up in 3 copies (for the plaintiff, defendant and court). The document must include the following information:

• name of the judicial authority;
• applicant details;
• information about the defendant;
• the cost of the claim (when dividing the property of the spouses);
• document's name;
• information about the conclusion of an alliance;
• reasons for its termination;
• children's data;
• place of residence of children or requirements for determining their place of residence;
• information about the settlement of property issues or a requirement for division of property;
• data on the conclusion of an agreement on alimony or a request for its assignment;
•  link to the Family Code;
• list of requirements;
• evidence base;
• date and signature of the initiator.

Participation in court hearings

Let's consider whether it is possible to file for divorce without registration in another city. Sending a statement of claim to another city does not require special registration. Moreover, the law does not provide for notarization of documents.

If a citizen cannot be present at the consideration of the application, you can do the following:

• filing an application to consider the application without a plaintiff;
• response to the claim from the defendant;
• execution of a notarized power of attorney for a representative of either party.

Obtaining a court decision

If the citizen was not present in person during the consideration of the claim, the court decision is sent to him by mail within 3 days from the date of the decision. The document that comes into force is sent 30 days after the trial.

Registration of dissolution of marriage

Let's consider whether it is possible to put a divorce stamp in the registry office of another city. The final stage of the divorce is to contact the registry office to obtain a divorce certificate and affix a stamp.

An application for issuing a document can be submitted through State Services or through the MFC. Then you need to contact the selected civil registry office to obtain documents. The stamp is affixed in the presence of the applicant.

It is much more difficult to file a divorce in another city than at your place of residence. The citizen will have to notarize the application to the registry office and forward it. To resolve disputes in court, it is advisable to hire a lawyer. At the same time, obtaining a divorce certificate and affixing a stamp is possible in any region of the country.

How to file for divorce in another city: without registration, sample application

Former spouses often go to different houses and even cities after separation, without formalizing their breakup. If there is a need to obtain documentary evidence of the end of a family relationship, you can file for divorce in another city. This possibility exists and is defined by legislative acts.

Through the registry office

You can contact the registry office if the couple has no claims against each other and no minor children.

If both parties express voluntary consent, then it is enough for them to submit a petition for this to the institution where the registration was carried out, or at their place of residence.

A divorce stamp in another city is placed in the FMS after receiving documentary evidence of the dissolution of the relationship.

Divorce through court

If one of the parties does not agree to divorce or there are minor children, then the divorce is formalized through the court. It must be located at the place of residence of the plaintiff or defendant.

You can initiate divorce proceedings by filing an application according to the established form. The requirements for the document are described in Art. 131 of the Civil Procedure Code.

There must be two parties involved in a lawsuit. The spouse who filed the application is considered the plaintiff, the other - the defendant. The two of them must be present at the meeting.

If one of them lives in another city or region and is unable to appear in court, then the following must be done:

• The plaintiff makes a motion to consider the case without his presence.
• The defendant may submit an application to withdraw the claim if he does not agree with it. Otherwise, he also submits a request to hold meetings without his personal presence.

How to get a divorce without registration

It will be more difficult to file a divorce in another city without registration. According to legislative acts, divorce is performed in the same registry office where the relationship was registered or at the place of permanent residence of one of the spouses.

A claim can be filed in court only if the defendant is registered (Article 28 of the Code of Civil Procedure). As an exception, the judicial authorities will consider the case based on the plaintiff’s residence, but only if there are serious grounds for this.

Thus, you can only get a divorce if you register (even temporarily) or return to your old place of residence to submit an application.

If both options cannot be pursued, the spouse initiating the divorce may have a lawyer represent him in court.

To get a divorce in
another city, you can do the following:

• take forms
  from the local registry office and fill them out;
• documents
  must be certified by a notary;
• the papers
  by registered mail through the post office to the department where
  the relationship was registered.

Documents must be completed by both parties. At the same time, you can obtain a divorce certificate in another city if you submit a petition for this to the registry office at your place of residence.

But the service will be provided for much longer than in the organization where the divorce is formalized. In this case, you will need to wait until the document is sent and received at the required branch.

Deadline for obtaining a divorce certificate

A divorce certificate can be obtained 30 days after filing the documents, and the presence of only one of the spouses is sufficient. Court hearings, especially if one of the parties is located in another locality, may take longer.

If there are no disagreements between the husband and wife regarding property and the upbringing of minor children, then a decision can be made within a month.

Otherwise, the couple is given up to 90 days to reconcile, only after which they will be divorced.

Conclusion

To dissolve a marriage, an application must be submitted at the place of registration of one of the spouses. In this case, a mandatory condition is the presence of each of them in the registry office or court.

If one of them cannot be present because he is in another city, then he can transfer notarized documents or ask for the case to be considered without his presence.

How to get a divorce in another city if the spouses are in different cities

Divorce options - through the registry office or through the court?

Marriages are dissolved in the registry office departments, through magistrates or district courts. You can contact the registry office to obtain a quick divorce under the following conditions (Article 19 of the RF IC):

• absence of common children in the family;
• mutual consent of the spouses;
• situations when a spouse goes missing for more than 1 year, becomes incapacitated or receives a sentence of 3 years or more.

If spouses want to get a divorce and currently live in the same locality, they apply to the registry office at the place of registration of the husband or wife. A citizen has the right to declare in writing a divorce at the place of permanent or temporary registration without obtaining the consent of the incapacitated, missing or imprisoned spouse.

Divorce in court is carried out at the place where the statement of claim was filed. In Art. 29 of the Code of Civil Procedure states that the plaintiff has the right to file a claim:

1. at the place of registration of the plaintiff;
2. at your place of residence. Spouses living with minor children, disabled children, or with serious health problems can divorce at their place of residence.

A divorce goes through the court if the family has common minor children, one of the spouses did not appear at the registry office or refused to sign documents. The procedure for judicial divorce proceedings is established by Art. 21-24 of the RF IC and is observed regardless of the place of dissolution of the marriage.

Divorce of nonresident spouses through the registry office

The simplest option for citizens living in different regions is divorce by common consent without joint children. The divorce procedure in the registry office for nonresident spouses has the following features:

1. is carried out at the place of official registration of one of the spouses, that is, someone will have to travel to another locality;
2. if the spouse cannot be present at the registry office, then he has the right to issue a power of attorney on his own behalf with notarization;
3. if it is not possible to travel to another locality or region, when filling out the application, you can indicate the last known address of the spouse’s place of residence.

A citizen may not appear at the registry office if he has given his husband or wife consent to divorce, certified by a notary. In this case, the divorce will be carried out in absentia within 30 days.

Divorce of nonresident spouses through court

Dissolution of a marriage union through the court is carried out if the family has common minor children or one of the spouses does not agree to divorce. How to get a divorce in another city if the spouses are in different cities?

• A citizen must comply with the rule of jurisdiction: the claim is accepted at the place of registration of the defendant if the husband and wife live separately (Article 28 of the Code of Civil Procedure of the Russian Federation).
• The application can be submitted at the place of residence of the plaintiff.
• According to Art. 32 of the Code of Civil Procedure, a case of divorce between spouses living in different cities and agreeing to divorce can be considered at the place of residence of any of them.
• If there is consent to divorce (notarized), the court will speed up the divorce procedure if the spouses have agreed on all controversial issues. If you have a common child, it is recommended to draw up an agreement about children.

The Magistrate's Court considers simple cases without serious disputes concerning children (Clause 2 of Article 23 of the Code of Civil Procedure of the Russian Federation). More complex processes regarding the issues of establishing a child’s place of residence, distribution of property, and assignment of alimony payments are within the competence of district judges (Article 24 of the Code of Civil Procedure of the Russian Federation).

Where to file for divorce if the whereabouts of your spouse are unknown?

If the registration address or real residence of one of the spouses is unknown, then the plaintiff decides independently where to send the statement of claim for divorce (Article 29 of the Code of Civil Procedure of the Russian Federation). The spouse has the right to file a claim within the following jurisdiction:

1. to the court of the locality where the spouse last lived;
2. to the courts at the location of the property of the missing person.

The judge considers the received appeal within 5 days. The court then sends notice to the plaintiff either accepting or denying the claim. The trial, despite the absence of the defendant, will take place within the framework of the general rules.

Registration of divorce without registration

The lack of permanent or temporary registration in most cases complicates filing applications with the registry office and the court. You can confirm your actual residential address in the following ways:

1. when filling out an application and other documents, indicate not only your passport registration, but also your actual address;
2. By law, it is allowed to indicate one actual address (court or registry office employees do not have the right to refuse to accept an application from a citizen who does not have a permanent residence permit).

If the spouse does not live according to registration, then it is necessary to write the real address in the application so that court notifications can reach him. Subpoenas are sent to the addresses specified in the texts of the applications. And citizens themselves bear responsibility for failure to receive judicial notices.

If the spouses do not even have temporary registration, then in order to obtain a divorce they will have to obtain one.

How to obtain a divorce certificate while living in another locality?

Until a divorce certificate is received, divorced citizens will not be able to remarry. Therefore, upon completion of the divorce procedure, it is necessary to immediately issue a certificate through the registry office. This document is issued in the presence of one of the former spouses.

If a citizen lives in another locality, he can submit a request for a divorce certificate by registered mail or through the State Services portal.

Conclusion

According to the law, spouses living in different cities can divorce through the registry office or in a district court if they have children. To do this, you must submit an application, observing the rules of jurisdiction, or obtain a divorce consent from a notary.

A spouse who has children in his care or is seriously ill has the right to file an application for divorce at his place of residence. This requires permanent or temporary registration...