Is it possible and how to get a divorce without the consent of the wife - the divorce procedure if there is no consent of the wife - how to get a divorce without the consent of the spouse

Family Law > Divorce > How to divorce your husband without his consent?

Sometimes it happens that the second spouse does not want to get a divorce, or for certain reasons avoids going to the registry office or court.

In this case, it is important to know how to divorce your husband without his consent. And most importantly, you must follow the prescribed procedure for filing a unilateral divorce.

Legislation

• There are 2 options for divorce:
• In both cases, the absence of a husband is possible, but the registry office imposes more stringent requirements for registering a divorce in this case.
• It is important to understand that civil registry offices can register civil status acts only if both people agree to this and there are no disputes between them.

If there is a child, then such a divorce cannot be carried out by the registry office, since upon divorce the fate of the child is decided.

Government authorities are obliged to ensure that the rights of a minor citizen will not be infringed during the divorce process.

Therefore, in the registry office, a marriage is dissolved if the following conditions are met:

• if both people agree to this;
• if there are no children from a joint marriage;
• if there is no property that the spouses cannot divide among themselves peacefully.

The presence of all these conditions makes it possible for a husband and wife to obtain a divorce without a trial . This can save a lot of time and nerves.

But the registry office staff, at their discretion, can provide this couple with an additional 2 months for reconciliation . If they also come within the specified period, their marriage will be dissolved.

MARRIAGE REGISTRY

There can be many reasons for the absence of a husband:

• he can leave for permanent residence in another city or country;
• he may be seriously ill;
• he may be serving a criminal sentence.

And various reasons are also possible. But the registry office employees are obliged to make sure that the absent spouse really wants to formalize the divorce.

In addition, they must know that the application was signed by the citizen himself or his representative legally.

In order to determine whether it is possible to file a divorce in the absence of a spouse, you need to know the reason why he cannot appear at the registry office.

There are 3 main options:

• a valid reason, supported by documents;
• transferring your powers to a trusted person to file a divorce;
• avoidance of divorce.

Good reasons include all those circumstances that force him to be in another place. This could be illness, work, permanent residence.

Then the person must document them. He can fill out an application for divorce and have it certified by a notary. Such a document will be the basis for confirming the person’s consent.

Then the wife will have to fill out the second part of this application in the presence of the registry office employees, and the divorce will be finalized.

In addition, each person can transfer partial of his powers to perform certain actions on his behalf to a trusted person.

In this case, a power of attorney is issued to the notary to sign the divorce application. Then the divorce will be carried out in the presence of this person and the second spouse.

If the husband simply avoids being present, it will not be possible to obtain a divorce from the registry office . Therefore, if the question arises whether it is possible to divorce without the consent of the husband, then this is permissible, but only in court.

Other circumstances

There are some other circumstances when a divorce can still be effected without the presence and consent of the husband. Such situations include:

• if the husband is declared incompetent by the court, and there is a corresponding decision about this;
• if the husband is declared missing and there is also a court decision;
• if the husband is serving a criminal sentence and there is a court decision that has entered into force.

A similar situation is allowed when a husband files an application for divorce from his wife. If such circumstances exist, it is not the joint application form for divorce that is filled out, but Form 9.

In it, the applicant writes down all the necessary information on his own behalf and indicates the reason for the absence of the second spouse, which gives the right to divorce unilaterally.

Court

All controversial issues in Russia are always resolved in courts . Therefore, if there is any dispute regarding the divorce itself or the division of property after it, you need to go to court.

The jurisdiction of the judicial authorities also includes divorces in which minor children are involved, since the interests of the child must be taken into account when registering this procedure.

It is important to know which authority to apply for divorce to. The following questions are considered:

• justices of the peace;
• district or city courts.

Each of these authorities has its own jurisdiction over cases. Magistrate judges consider claims in which:

• one of the spouses does not want to get a divorce or is avoiding a divorce;
• when there is a property dispute worth up to 50 thousand rubles.

All other cases are within the jurisdiction of city or district courts only. Among other things, they consider:

• divorces involving minors from a common marriage;
• divorces with a property dispute over 50 thousand rubles.

As a general rule, the plaintiff must file a claim in the court that is located at the defendant’s place of residence. But in exceptional cases, it is possible to submit an application at your place of residence.

These situations may include:

• inability to attend a court hearing in another locality due to a small child;
• inability to attend the trial due to the state of one’s health or the health of close relatives.

There may also be some other reasons. They must be documented. This evidence is submitted simultaneously to the court office along with the claim itself.

Divorce without the presence of one of the spouses is possible under the following circumstances::

1. This citizen was notified in the manner prescribed by law about the date and time of the meeting.
2. This person did not provide any evidence of valid reasons for missing the meeting.

In this case, the judge has the right to postpone the hearing several times, but usually on the third time he makes a decision on divorce.

The notification procedure is as follows:

• the person is sent a summons by letter to the place of his registration and residence;
• he may also receive an additional call from the office a few days before the meeting on his cell, work or home phone.

1. A copy of the decision will be sent to him by mail within 3 days.
2. Cases are more difficult and take longer to consider when the husband not only does not agree with the divorce, but also creates various disputes regarding the division of property or the place of residence of the child.
3. In this case, the case may be postponed several times at the request of the parties in order to provide them with the opportunity to reach an agreement amicably or to find evidence to support their claims.

Auto-divorce is used in cases where the defendant is absent more than 3 times. Then the judge has the right to make a decision without his presence.

But if the defendant each time submits documents confirming valid reasons for his absence, the process will be postponed each time. This transfer procedure can occur an unlimited number of times.

Statement

Depending on the place where the application is sent, the procedure for its preparation will be different. When submitting it to the registry office, you must use the established standard forms to fill out the document.

In this case, it is necessary to fill out it in front of the registry office employees. When the spouse is absent, but the wife has valid grounds for filing a divorce, Form 9 is completed.

The procedure will be as follows:

1. It is necessary to indicate the registry office department to which this document is sent.
2. Next, you need to write the applicant’s full name.
3. The text itself contains the name of the second spouse with whom a divorce must be made.
4. Next, all information is entered into a tabular form about both spouses. This includes: full name, date and place of birth, citizenship and nationality, place of residence.
5. A mandatory separate clause specifies the grounds for divorce. Only 3 options are allowed here: the husband’s incapacity, his disappearance and criminal punishment.
6. Below it is indicated what surname the applicant wants to have after the divorce.
7. Next is the date and signature.

In all other situations, a joint application for divorce is filled out in Form 10. The procedure for filling it out requires the presence of both spouses.

As an exception, it is allowed to fill out a document remotely by one of them, but then it must have a notary’s mark on certification.

After this, the document is sent by mail or any other method to the first spouse. And he goes with him to fill out the second part in the presence of the registry office employees.

The procedure for filling out Form 10 will be as follows:

1. At the top of the document on the right is the full name of the civil registry office.
2. The full names of both spouses are written down just below, since this document is a joint one.
3. Further information is indicated in tabular form about each of them. Such information includes: full name, place and date of birth, nationality and citizenship of each person, place of residence and passport details, details of the civil status act upon marriage.
4. There is also a line at the bottom where you can write a request to assign each person a specific surname.
5. Below is the date and signatures of the parties.

If a trustee is present during the divorce, then he fills out the information about his trustee and puts his signature. The original power of attorney is attached to the application.

Divorce is a paid procedure, so in 2023 each spouse must pay a fee of 650 rubles.

If, under certain circumstances, a divorce is carried out only at the request of one of them, then only the applicant pays the state fee and it will be 350 rubles.

Statement of claim

The procedure for filing a claim also provides for the plaintiff’s obligation to pay a state fee. Its size is 600 rubles.

But after this, when the spouses with the court decision apply to the registry office to obtain a certificate that their marriage is dissolved, they will be forced to pay 650 rubles each again.

The procedure for filing a claim will be as follows:

1. You must indicate the name of the court to which the claim will be sent.
2. Below you must enter the applicant’s full name, passport details, registration address and telephone number.
3. Then similar information about the defendant is written down.
4. You must also indicate the cost of the claim and the amount of state duty paid.
5. The name of the claim, its main essence.
6. Next, you need to write down the details of the marriage certificate, the date of entry and by whom the marriage was registered.
7. The main circumstances why this divorce cannot be filed in the registry office or in another court must be stated.
8. Below are links to the legal acts that govern these legal relations.
9. Then you need to list your demands for the divorce itself and other demands related to minor children or property.
10. Below is a list of all attachments to the claim.
11. The date and signature of the applicant are placed.

It is important to remember that the plaintiff determines the cost of the claim himself. If there is no property dispute, then it must be indicated that the claim is not subject to assessment.

If there is property that the spouses share, then the plaintiff independently determines the total value . The state duty also depends on this amount, since it is paid additionally for a property dispute.

Documentation

In all cases, in addition to the main application, other documents are required. These include:

• passports of both spouses;
• certificate confirming marriage registration;
• certificates confirming the presence of common children;
• title documents for property, if there is a property dispute;
• notarized power of attorney of the representative, if the interests of one of the spouses are represented by a proxy;
• in the absence of one of the spouses, documents are submitted confirming valid reasons for his absence.

In some circumstances, certain other documents may be required, especially when the dispute is being heard in court.

Here certificates of income of each spouse and existing property can be presented. This information may be needed to determine the future residence of joint children.

Thus, it is possible to carry out a divorce without the consent of the spouse, but it is important to know how this procedure is carried out in order to submit an application of a certain form to the right authority.

In addition, it is important to collect a complete list of papers required to determine the reasons for the husband’s disagreement. All controversial issues will always be resolved in court.

• Therefore, when it is not possible to reach an agreement peacefully, each spouse should know that the divorce will still be filed if one spouse wishes it.
• Although, as practice shows, protracted consideration of such cases often leads to the fact that a married couple decides not to destroy their union.
• That is why, from the first time, judges and registry office employees prefer not to dissolve the marriage of spouses, but provide time for reconciliation.

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How to file a divorce without the consent of one of the spouses?

More and more often, people are wondering whether divorce is possible without the consent of one of their spouses. It often happens that one person wants to break off the relationship, and the other is against it.

Is it really necessary in this situation to seek the consent of someone who advocates maintaining legalized relations? All the features of our current process will have to be studied in full. After all, divorce is a serious step.

And even the slightest mistake in preparing for this process can lead to the impossibility of divorce.

Do they always get scammed?

What should you do if you want to end your relationship with your spouse, but he/she doesn’t? It is worth turning to modern legislation. In Russia there are special rules that are provided by law. They concern the relationship between husband and wife.

Thus, divorce without the consent of one of the spouses is possible. Moreover, it is carried out whenever one of the couple has a real desire to break off a legal relationship. These norms are prescribed in Article 22 of the Family Code. True, a lot depends on the spouse’s consent to divorce. For example, in which organs the described process will take place.

Where to contact

The thing is that divorce without the consent of one of the spouses is not a very simple operation. It requires special attention. According to the Family Code of the Russian Federation, if both husband and wife in a couple agree to break off the relationship, this can be done at the registry office. What to do in the absence of an agreement?

In this case, the only risk is divorce through the court. Without the consent of the spouse, you cannot go to the registry office and terminate the officially registered relationship. This is indicated in the Family Code of the Russian Federation, in article 21.

Accordingly, you will have to contact the judicial authorities. Either you go to the magistrate's court, or to the district court (it is customary to file a claim at the defendant's place of residence). It all depends on your overall situation.

World judge

Is it possible to get a divorce without the consent of the spouse? Yes, in Russia there are a number of cases when this process takes place. Of course, if there was agreement, then the divorce would be easier. But not always in a couple both are ready to break off the relationship.

It is best to contact a magistrate on this issue in certain situations:

• or when you have no disputes regarding the residence of children;
• or provided that the jointly acquired property to be divided does not exceed 50,000 rubles.

That is, theoretically, you can come to the magistrate’s court with a claim for divorce and only in the absence of significant joint property. If this rule is not followed, you will have to file a claim with another authority.

District Court

How to get a divorce without the consent of your spouse if going to a magistrate is impossible? If you have children and you cannot agree on their further residence, you will have to go to the district.

In addition, district courts hear claims for the severance of formalized relationships when a couple has joint property of significant value. Divorce without the consent of the spouse (without children) also occurs in these authorities.

Now that it’s clear where exactly to go, it’s worth taking a closer look at the divorce process. If you prepare properly in advance, you can bring your idea to life in just a few months. What features should you pay attention to first?

Not right away

Any divorce - with or without mutual consent - is not finalized immediately. Citizens are given time to reconcile. This is a mandatory part of the divorce process. Therefore, if you intend to break off the relationship, be prepared for the fact that you will be “putting up” with your spouse for some time.

As practice shows, by the time they go to court or the registry office, citizens no longer live together. Therefore, all you can do is wait for the reconciliation period to expire. Usually, you are given only 30 days or a month to think about a decision. If you are determined, after this period you will definitely be divorced. It doesn’t matter whether in the registry office or in court. The main thing is that you achieve your goal.

Just keep in mind: if you decide to make peace and save the relationship, you will have to withdraw the claim. You must complete it within the allotted month. Or do it directly at the court hearing.

Men-women

Divorce without the consent of one of the spouses is always formalized; with rare exceptions, it will not be possible to break off the relationship. In Russia, a lot depends on who files the claim in court.

The fact is that men have fewer rights in terms of divorce. Thus, husbands cannot divorce their pregnant wives on their own initiative. This prohibition applies even after the birth of the child. Men will not be given a divorce until the child is 1 year old.

Moreover, even during pregnancy and a newborn child, it is still possible to formalize a break in the relationship. How? To do this, a woman must file a claim. In this case, divorce without the husband’s consent will take place in court, but it will definitely take place. Women during pregnancy and in the first year of a baby's life are given more opportunities in relation to the task posed in this article.

Duty

How to file a divorce without the consent of your spouse? Once you have decided which court to apply to, you can begin preparing documents. The first stage is payment of the state fee. Without this payment, your claim for divorce will not be accepted. Therefore, before visiting the court, try to pay off the state.

How much will you have to pay for a unilateral divorce? At the moment, you will have to pay 600 rubles for a divorce claim. The amount of the state duty is specified in the Tax Code of the Russian Federation, in Article 333.19, paragraph 1, subparagraph 5.

This amount of money is collected only from one spouse - from the initiator of the divorce. As soon as the state fee has been paid to the court of your choice, you can submit an application for consideration. Just first collect a certain list of documents.

Documentation

So, what do you need to bring with you to the judicial authorities in order for your divorce claim to be accepted? The list is not too long. By the way, copies must be attached to the originals. There is no need to certify anything. In order for you to be able to legally dissolve your marriage, present:

• lawsuit;
• Marriage certificate;
• documents confirming the birth of children;
• receipts for payment of the state fee for filing a claim;
• plaintiff's passport.

This is where the main list ends. Additionally, you can attach documents providing the basis for the divorce, agreements on the payment of alimony and residence of children, as well as on the division of property acquired over the course of time. True, usually in the absence of the spouse’s consent to divorce there are no such papers. Unless the grounds for divorce can be confirmed.

Contents of the claim

An application for divorce without the consent of the spouse requires special attention. You must draft your claim correctly, otherwise there is no hope of success. What should be included in this document?

First, information about yourself and your spouse who disagrees with the divorce. Passport data will be suitable, as well as simply information that may affect the course of the case. This is especially true when you have minor children.

Secondly, the claim must indicate the presence/absence of children. Whether there is agreement regarding their residence and upbringing, this should also be stated in the application.

Third, you must somehow justify your decision. This is especially true in cases where there is a spouse who does not agree with the divorce. Anything can serve as a motive. The main thing is not to lie. If you have evidence that can support your words, indicate it and bring it with you to court.

Fourthly, at the very beginning of the statement of claim, you must indicate the judicial authority to which you are filing the claim. This is a mandatory condition for filing an application.

Fifthly, it is advisable to register all your joint property. And if you have an agreement on its division, indicate what and who will be entitled to after the divorce. Also, do not forget to specify the existence of a marriage contract in the claim.

As soon as you finish drawing up the application, you can go to court with the above list of documents. Then all that remains is to wait. As a rule, the presence of both spouses is required for the meeting. If a dissenting citizen decides to evade this process, do not be upset!

Avoidance of meetings

Why? Because you have every right to terminate a previously legalized relationship. And the absence of one of the spouses is not an obstacle to the process. The meeting may be postponed several times and the party who disagrees with you may be re-invited to the trial. Divorce without the consent of one of the spouses is still possible. It will just take more time.

After about the 3rd time, the divorce will take place without the participation of both spouses. You will be given a court opinion, which will be useful later. After all, after the trial, the divorce is not considered fully completed. One more thing needs to be done.

Final stage

Filing a divorce without the consent of the spouse is a very labor-intensive process. As soon as you have a court decision indicating the termination of the previously legalized relationship, you can proceed to the last step. We are talking about a visit to the registry office. After all, you need to get a divorce certificate.

You need to come to the registry office at your place of residence. Take with you:

• passport;
• the court's decision;
• marriage certificate;
• birth certificates of children (if available).

Additionally, you will have to pay a state fee for issuing a certificate. At the moment, you will be required to pay an additional 350 rubles. Present the payment receipt to the registry office. There, fill out an application to obtain a divorce certificate.

That's all. All you have to do is wait until you are given the appropriate document. In fact, legal divorce is not as simple as it seems. Especially if you have children. In this case, you must present documents about your earnings, as well as housing.

Now it’s clear how you can file a claim. Divorce without the consent of the spouse is a rather labor-intensive process. As has already been said, it is necessary to prepare for it in advance. If you have witnesses who can influence the course of the case, invite them to the meeting and indicate them in the claim.

Divorce without wife's consent

According to the provisions of the Russian Constitution, no one can be forced to marry or maintain a family. Therefore, the legislator provides for divorce without the consent of the wife/husband (Article 22 of the Family Code of the Russian Federation). A unilateral expression of will is sufficient, but it is necessary to additionally take into account a number of essential requirements, which are reflected in the Resolution of the Plenum of the Supreme Court of Russia dated November 5, 1998 No. 15.

Is it possible to get a divorce without my wife's consent?

To begin the divorce process, an application from one spouse is sufficient, which is reflected in paragraph 2 of Art. 16 of the Family Code. The guardian of one of the partners who has been declared legally incompetent may apply. This right is equally guaranteed to both men and women and applies regardless of the following circumstances:

• having a child;
• joint adoption;
• moving for permanent residence to another state by one of the participants;
• loss of legal capacity by one of the spouses (the appointed guardian is responsible for representing the interests).

When is divorce impossible without the consent of the spouse?

In Art. 17 of the IC of the Russian Federation specifies 2 grounds for refusing to accept an application for divorce from a spouse:

1. Woman's pregnancy. The term is not taken into account, but mandatory confirmation of pregnancy with a gynecologist’s certificate is required.
2. Raising a joint child under 1 year of age. Also, if a child died at birth, there was a forced abortion, or the baby died before the age of one, then divorce on the initiative of the husband will be impossible.

Resolution of the Plenum of the Supreme Court No. 15 provides for the following features of the implementation of these restrictions:

• when conducting a DNA examination and proving that the children are from another man, a divorce will be possible (types of research are available that allow one to establish a relationship even during the wife’s pregnancy);
• In case of mutual adoption of an infant who is less than one year old, the man will not be able to file an application for divorce.

If the judge accepted the statement of claim and began consideration of the case, then the proceedings should be stopped after establishing the listed circumstances.

Divorce through the registry office

According to the general rule, unilateral termination of a marriage through the registry office is not allowed. Even in the absence of common children and jointly acquired property, the spouse cannot independently file an application for divorce to the registry office. But there are exceptions to this rule that allow the interested party to file a unilateral petition for divorce.

Exceptional grounds for through the registry office

Part 2 art. 19 of the IC of Russia provides that a wife or husband can prepare an application for divorce to the territorial registry office on the following grounds:

• recognition of the second partner as missing in court (confirmed by a court decision);
• the presence of medical documents confirming that the second participant has completely lost his legal capacity (temporary loss of legal capacity due to the use of alcohol, narcotic or psychotropic drugs is not considered);
• conviction of the second spouse to imprisonment for a period of at least 3 years (an application can be submitted only after the conviction has entered into legal force).

These circumstances apply even if there are common biological or adopted children under the age of 18.

Divorce procedure

Unilateral divorce proceedings without the woman’s consent proceed according to the following algorithm:

• preparation of an application to the registry office by a man;
• collection of necessary documents;
• payment of state duty;
• waiting 30 days, which are allotted for reconciliation of the participants;
• visiting the civil registry office at the appointed time;
• obtaining a divorce certificate.

Table No. 1 “Required documents”

Mandatory documents
Additional documents

Handwritten statement	Conclusion of a medical examination on the appointment of a disability group
Applicant's passport	Passport of the guardian of a disabled spouse
Spouse's passport	Court decision to appoint a guardian or trustee
Marriage registration certificate	Guilty verdict of the court on the application of punishment in the form of imprisonment
Child's personal documents	A court decision declaring a spouse missing (allowed only if the wife is absent from her place of residence for 12 months)
A document confirming the sending of notice to the wife about the planned divorce

How to fill out form No. 9

Application procedure:

• on the right side at the top of the page the name of the civil registry office is indicated, where the spouse’s application is transferred (on the left, an employee of the authority will put a stamp on the acceptance of the citizen’s application);
• in the middle the name of the document (divorce application) is indicated and the full last name, first name, and patronymic of the spouse with whom the marriage is planned to be terminated are indicated;
• further information is formed in the form of a table of 3 columns (the first contains the name of the group of information, the second contains information about the husband, and the third contains information about the wife).

Next, the data is entered by section number:

1. Last name, first name, patronymic of each participant.
2. Date of Birth.
3. Place of Birth.
4. Citizenship.
5. Nationality.
6. Residence address.
7. Grounds for termination of the marriage union (details of a court decision allowing a unilateral application for divorce are indicated).
8. Passport details (series and number, time and date of issue).
9. Marriage registration certificate data.

Form No. 9 contains a field for indicating the last name with which the applicant will continue to remain. The husband cannot decide what surname his wife will keep. The woman will be able to change her personal information in the future at her own request.

Form No. 9 on divorce – download

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Divorce through court

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If there are no grounds for a simplified divorce process through the civil registry office, the algorithm for divorce through the court comes into effect. This applies to the following circumstances:

• the presence of common biological or adopted minor children;
• wife's reluctance to divorce;
• property dispute.

Which court should I go to?

• Submitting a statement of claim to the magistrate's court is advisable only in the absence of mutual children or in the absence of disputes about a minor child.
• If, in addition to granting the divorce petition, it is necessary to resolve related disputes about children, then the district court will consider the petition.
• According to the general rule, divorce cases are subject to jurisdiction in the jurisdictions located in the defendant’s area of ​​residence. The applicant can prepare a claim and send it to his place of residence in the following cases:

• there is no information about the defendant’s place of residence;
• the plaintiff, for health reasons, cannot travel to another city to resolve the dispute;
• the applicant has minors or disabled persons in his care.

This is also important to know: How to change a child’s last name?

What to include in the statement of claim?

When filing your petition, you must indicate the reason for the divorce.
There is no need to describe the circumstances in detail; it is enough to briefly outline the situation. More information about what reasons for divorce can be specified, as well as the influence of the reason on the court’s decision can be found here.

Required documents

When applying to the court, the applicant must support the claim with a list of accompanying documents. The absence of a list entails refusal to accept the application for consideration.

Table No. 2 “What documents may be needed for a unilateral divorce in court”

Circumstances
List of documents

Mandatory documents	applicant's passport; marriage registration certificate; children's documents; receipt of payment of state duty; defendant's passport
Determining child custody and child's place of residence	explanations of witnesses; conclusion of the guardianship authorities on the study of the residential premises where the children will live; certificates from a narcologist confirming the presence of addictions in the mother (since the divorce was initiated by the husband); characteristics of the mother and father from the place of work, from neighbors, close relatives and friends; copies of personal correspondence; call recordings; photos and videos
Appointment of alimony	certificate of income and employment of the woman; a certificate from the man’s place of work, which includes information about his salary; financial documents confirming expenses for children

State duty

In accordance with the provisions of the Tax Code of the Russian Federation, for filing a non-property claim, the applicant will have to pay:

• 600 rubles – to satisfy the application for divorce;
• 150 rubles – additional withholding when considering issues of collecting alimony.

Terms of consideration

The duration of the divorce process will depend on the following circumstances:

• the conflict is resolved in the magistrate or district court, in the registry office;
• duration of the conciliation period;
• existence of grounds for suspension of the period;
• filing counter-petitions or conducting additional checks.

Table No. 3 “Time frame for resolving the conflict”

Circumstances for resolving the conflict
Deadlines

At the registry office	period for reconciliation – 30 days; minimum duration – 1 month; maximum duration – 1.5 months (depending on the availability of weekends and holidays)
In the world court	3 days to appoint a competent judge; 1 month is the deadline for the first meeting; 90 days is the maximum duration for consideration of a dispute
In the district court	5 days to appoint a judge; 1 month – setting the date for the first review; 30-90 days – period for reconciliation

Arbitrage practice

If there are no grounds for refusing to accept an application from the husband, but the wife is categorically against the divorce, the court’s actions will be as follows:

• providing a maximum period for reconciliation;
• satisfaction of the claim.

Consequences of avoiding attendance in court

All participants are notified by written summons that a trial has been scheduled. Sending occurs in such a way as to confirm receipt of the document by the addressee. After receiving a summons, a woman who cannot be present in court for objective reasons is obliged to provide the reasons for her absence and ask to extend the time frame for resolving the conflict.

If a hearing is missed once and there is no explanation, the judge is authorized to reschedule the hearing of the case. After the third absence, the court makes a decision in absentia. Ignoring the summons is regarded as consent to the declared divorce.

The wife has only one week to appeal the decision.

This is also important to know: Divorce by mutual consent of the spouses

In what cases can they refuse?

Didn't find the answer to your question? Our lawyer will answer your question for free in 5 minutes!

The law does not provide grounds for refusing to consider a divorce case.

This is due to the fact that refusal is a violation of constitutional human rights.

On the other hand, the judge is authorized to terminate the proceedings if he determines that the woman is pregnant or raising a child under 1 year of age.

A lawyer's answers to questions about divorce without the wife's consent

What to do if your wife's address is not known?

The inability to contact your wife may be due to various reasons. As a rule, this means long-term separation from the woman and the absence of ways to communicate with the spouse. In this case, a man can do the following:

1. Recognition of a missing woman.

   This option is only suitable for cases when there is no contact with your wife for more than 1 year. The husband files a claim in the magistrate's court with a request to approve the decision regarding the unknown absence of his wife.

2. If the period of absence is less than 12 months, the spouse also applies to the magistrates' court.

   The judge issues a summons to the place of registration or last known residence about the need to come to consider the dispute. After receiving information that no one lives at the specified address, the court must appoint a free lawyer to represent the interests of the spouse.

Is it possible to get a divorce without a marriage certificate?
A certificate of termination of marital relations is included in the list of required documents. But there are cases when the plaintiff cannot provide the original or a duplicate of the application to the court.

The absence of evidence is not a basis for refusing to accept a claim. The court is obliged to accept the claim for consideration.

The Chief Judge may ask the applicant to do one of the following:

• obtain a certificate from the registry office regarding marriage registration;
• request a duplicate/copy of the certificate from the territorial office of the civil registry office.

It's better to do this in advance. To obtain information, it is enough to present your passport, a handwritten application and indicate the date of official marriage.

How to file for divorce from your wife while in prison?

The Civil Procedure Code makes it possible to initiate divorce proceedings in several ways. The first is a personal appeal to the court or the registry office. If you cannot come to the relevant authority on your own, then alternative options are available:

1. Sending a statement of claim by mail when the “attachment inventory” function is used.

2. Involvement of a representative acting on the basis of a notarized power of attorney in office work. The power of attorney must indicate the scope of functions that the representative is authorized to perform, as well as the terms for termination of the power of attorney.

How to get a divorce if the wife does not consent to the divorce and lives in another city?
If the woman is legally capable, then ending the marriage can only be done through the courts. According to the rules of jurisdiction, the man must send a statement of claim to the defendant’s place of residence.

To do this, it is enough to look at the official website of the federal courts of general jurisdiction to find out which authority serves the defendant’s residential address. And that is where the lawsuit will be sent.

A woman’s disagreement to divorce is not grounds for canceling the statement of claim.

A man can be sure that his claim will be satisfied and the termination of the marital relationship will be officially registered. The wife's resistance will determine how long the procedure will last and how much time will be allocated for reconciliation.

It is important to know!

• Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
• We carefully monitor changes in legislation and try to make changes in a timely manner, but this does not always happen quickly.

Therefore, 24-hour legal assistance on any issues is available to you FREE OF CHARGE! Ask your question right now!

Divorce without the consent of the spouse in the presence of common children

A divorce procedure is carried out in court if one of the spouses does not agree to divorce (Article 21 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) and/or the married couple has minor children. The judge may take measures to reconcile the parties by giving them a certain period of time to do so , not exceeding three months (Clause 2 of Article 22 of the RF IC). Consequently, the trial of the case will be postponed.

https://www.youtube.com/watch?v=y20VSwiDXZQ

If the spouses did not take advantage of the time provided by the court for reconciliation and one of them still insists on dissolution of the marriage, then the court makes a decision on divorce.

If at the first court hearing it is obvious that further life together for the spouses is impossible (for example, regular quarrels, beatings, which negatively affects the child’s psyche, etc.), then the marriage is immediately dissolved (Clause 1 of Article 22 of the RF IC) .

How to get a divorce without the consent of your spouse and having children

Either spouse has the right to file for divorce . The refusal of the husband or wife to dissolve the marriage is not an obstacle to divorce.

Simply the disagreement of the other “half” can serve to delay the divorce procedure. The decision to divorce is made by a judicial authority in accordance with Art. 21 IC of the Russian Federation.

In order for a divorce case to proceed, a claim must be filed by the spouse seeking the divorce.

But it should be taken into account that if the initiator is the husband, then according to Art.

In practice, cases are not uncommon when the second spouse does not agree to divorce and therefore simply avoids meeting. There are many reasons to delay divorce proceedings. One of the most common is applying for loans and other monetary manipulations, the implementation of which will be more difficult during a divorce.

In the absence of consent to divorce, the court sets a three-month period for reconciliation of the spouses (Article 22 of the RF IC) and this is not desirable for the party initiating the divorce. Since during the time given by the court for reconciliation, the second spouse can take away part of the property or significantly worsen its condition.

Application for divorce without the consent of the spouse

In order to get a divorce, it is necessary to draw up an application that is submitted to the court (Article 21 of the RF IC). There is no strictly defined form of the statement of claim , but in Art.

131 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation) provides rules according to which the claim must comply.

First of all, the application must be submitted in writing and it is advisable that it occupy no more than two A4 pages; the longer the claim, the less the judge reads into it. The text of the statement should not contain any emotional overtones, only “dry” facts.

Typically the application consists of three elements :

• Formal (introductory) : contains the name of the court, full names of the parties to the process (plaintiff, defendant and third parties, if any), their location addresses. This information is located on the right side of the sheet.
• Descriptive: it indicates when the marriage took place, the reasons for the divorce, the presence and number of minor children, the presence or absence of an agreement on alimony payments, references to the laws and on which the plaintiff bases his arguments.
• Resolution (final): a request is made to satisfy the court's claims (for example, to dissolve a marriage, to collect alimony from the defendant for minor children, to divide jointly acquired property, etc.), indicating the documents attached to the claim that confirm the circumstances set out in the descriptive part.

It is advisable to indicate in the application that further reconciliation of the parties is not possible ; this is necessary to speed up the divorce process, so that the judge does not provide a period for reconciliation of the parties in accordance with paragraph 2 of Art. 22 IC RF. The claim is signed by the plaintiff or his representative with a completed power of attorney.

Example

Ivanchuk A.I. filed an application for divorce.

Having indicated the name of the court and the parties with the addresses of their location, the plaintiff immediately indicated in the text that she was asking the court to divorce her from her husband, to leave their thirteen-year-old son with her, and to divide all property acquired during the marriage in half.

Then she indicated the regulatory framework she was referring to, the date of marriage, outlined the reasons for the divorce, and gave reasons why the child should remain living with her.  

However, the court rejected her application for divorce, arguing that it was filed in violation of Art. 131 Code of Civil Procedure of the Russian Federation. Because the absence of a unified application form is not a reason to violate the procedure for presenting a claim defined by law.

Documents for divorce without the consent of the spouse

Art. 132 of the Code of Civil Procedure of the Russian Federation provides a list of documents required to be attached to the claim, however, one should take into account the nuances of the divorce process in connection with which additional documents will need to be attached.

The collection of documents should begin long before you decide to inform your spouse about your decision to divorce, because there are families where the spouse can create obstacles by destroying documents, property, not to mention aggression on his part.

The main list of documents attached to the claim in divorce proceedings without the consent of the spouse:

• a copy of the claim for the second spouse;
• Marriage certificate;
• birth certificates of children (if they are still minors at the time of divorce);
• receipt of payment of state duty;
• extract from the house register;
• power of attorney, if interests will be represented by a lawyer.

We recommend that you attach copies of documents to your application and bring the originals with you to the meeting. Although the court is a “temple of Themis,” people work there, and there is a possibility that documents may be lost or damaged. Also, originals may be required at the meeting.

After studying the presented materials, the court may request additional documents necessary for a quick and correct resolution of the case. If the second spouse interferes with their collection or refuses to provide the documents required by the court, then you should write a petition to the judge to request them.

We recommend that you immediately attach to the package of documents a drawn up agreement on the payment of alimony , on the division of property, on who the children will live with after the divorce, so that the judge examines them to ensure that the interests of minor children and the parties to the process are respected, and, if necessary, makes amendments and approves them. You can draw up different agreements, or you can specify everything in one. The court has the right to separate the division of property or determination of the place of residence of children into separate proceedings.

The procedure for considering in court a case of divorce without the consent of the spouse and the presence of children

The application is submitted in accordance with Art.

24 of the Code of Civil Procedure of the Russian Federation to the district court at the location of the defendant , if his location is unknown, or minor children live with the initiator of the divorce, then the claim can be filed in the district court at the place of residence of the plaintiff .

The court hearing will be scheduled no earlier than one month from the date of filing the statement of claim with the court office. According to Art. 154 of the Code of Civil Procedure of the Russian Federation, a divorce case must be resolved no later than two months from the date of receipt of the application.

Divorce may be delayed due to the fact that the court must notify the defendant of the place, time and date of the consideration of the case, which must be confirmed by relevant documents (for example, a notice of delivery, or a signature confirming delivery).

However, the judge has the right to make a default judgment based on the consent of the plaintiff. A copy of the decision made in absentia is sent to the defendant with notification of delivery no later than three days from the date of the decision (Article 236 of the Code of Civil Procedure of the Russian Federation).

But if the defendant could not take part in the court hearing for a good reason, and he did not have the opportunity to inform the court about this, then he has the right to file an application to cancel the default judgment (Article 237 of the Code of Civil Procedure of the Russian Federation).

The decision made by the court may be:

• about divorce;
• on the application of a conciliation period and the postponement of consideration of the case;
• refusal to satisfy demands.

The decision on divorce comes into force after the expiration of the period provided for an appeal (Article 209 of the Code of Civil Procedure of the Russian Federation), after which the court sends an extract from the text of the decision to the registry office within three days.

Questions from our readers and answers from a consultant

My wife is preparing documents for divorce and stole the marriage certificate, I don’t want to get a divorce. Can I write a statement against her about the fact of document theft?

The marriage certificate is a common document of the spouses; if you need it, you can obtain a duplicate from the registry office.

My husband persuaded me to take out a loan to furnish a dacha, which he inherited from his father. Having received the money, he filed for divorce. How will this situation be resolved upon divorce, and who will pay the loan?

During the divorce process, we recommend that you discuss this issue peacefully with your husband, otherwise, provide the judge with evidence that all the money was spent by the husband on personal needs.

If the loan is not repaid, the bank has the right to go to court.

In a lawsuit, a decision will be made on the basis of which a writ of execution will be issued indicating the person obligated to pay the loan.

I am pregnant, I live with a young man who is still formally married, he says that he is not being divorced because... He and his wife have a minor child aged five, is it possible for him to get a divorce?