How to find out if the wife or husband filed for divorce

"How do you know if my husband has filed for divorce? Where can I know if my wife has filed a divorce application? For a practicing lawyer, it would be easy to know if a divorce action had been filed.But people who do not face similar situations every day, and who tend to be emotionally stressed by potential divorce, have a lot of questions.

Let's try to answer some of the basic questions and show some examples of how to keep court cases up to date.

This information may be useful not only in divorce, but also in any other situation. With the increase in fraudulent schemes, the increase in identity theft, it is important to keep abreast of court cases and executive proceedings.

What court do you want me to know?

The first question that arises in a troubled person's life is, "Where could a spouse apply for a divorce?" comes to mind: the nearest court or registry where the marriage was registered. There is a certain logic to this. But in the registry, without the participation and consent of each of the spouses, the marriage cannot be dissolved.

Therefore, first, all possible courts to which an application for divorce could have been filed should be identified.

This will require, in the vast majority of cases, only information about your registration address and your spouse's (and) address.

To search for information on divorce:

1. We're looking for a justice of the peace at our place of registration and we're going there.
2. If there are minor children registered with their spouse, they are still looking for a justice of the peace at their (her) registration address, and we are also checking whether they have filed a divorce claim.

The situation may become even more complicated if disputes over the division of property and children are possible, then the monitoring of court cases should also be carried out in the district courts.

Court of Justice

Consider some of the most common situations:

1. No children, the spouses are registered at different addresses to track the divorce application by looking for a justice of the peace at their place of registration.
2. We're looking for the courthouse of the justice of the peace, whose territorial jurisdiction is your common address of the propiska.
3. There are children, everyone registered with you, looking for a justice of the peace at their place of registration.
4. There are children, they're not written with you, they're looking for two justices of the peace, at their place of registration and at their spouse's registration address.

Once the court sections to which the claim may have been filed have been determined:

1. We recommend that we call and clarify whether your spouse has reported the dissolution of the marriage.
2. If the information is not available by telephone or cannot be reached at the precinct, please visit him personally and clarify to the court's office whether there are any divorce cases where you are the defendant.
3. There's also a third option to find information about the case online on the court's website.

Notice that a husband may not bring proceedings without the wife ' s consent for the dissolution of a marriage during her pregnancy and until the child has reached the age of one, but in practice such a decision may be made if the information on the pregnancy and the birth of the child is not submitted to the court.

A woman may simply not be aware of the divorce process in time; if an illegal decision is reversed, she will have to appeal to a higher court and, in most cases, restore the deadline for filing such a complaint, which will not always be possible without the assistance of a lawyer.

It is therefore important, in any situation, to know how to keep abreast of court cases.

Find out online about divorce in a justice of the peace

For example, the citizens of Moscow can obtain information on court cases from the Single Information Space portal of justices of the peace in Moscow: http://mos-sud.ru/.

1. To search for your wife's divorce claim, select a section entitled "Information on cases." There will be a form to fill in.
2. Enter your last name under "Response" and click on the "Check" button.
3. You will have before you a list of cases in all the Moscow peace courts, where your name appears. If the spouse has actually filed for divorce, you will find on the list a case with your names as plaintiff and defendant, and on the left you will see information about the courthouse where the case is being dealt with.
4. By clicking on "Dop. Info", you can find out about the status of the case: when the complaint was filed, the dates of the trial proceedings, the court acts, and sometimes even the text of the decision in the case can be consulted.

If the list doesn't have the right civil case, that's not 100% of the guarantee that a divorce suit hasn't actually been filed in court. A member of the court's office may not have entered the information in the database or made a list of names, so the online service doesn't find it. It happens quite often.

The most effective way to find out about the divorce is to find out where the court's addresses may have been filed and to arrive in person.

This will require a territorial jurisdiction module (emphasis added).

In accordance with the rule of jurisdiction described above, first, we enter our address and the contact details of the court station, second, if the children are registered with the spouse (or spouse), his or her registration address, and we also find out the telephone number and address of the justice of the peace; this portal only works to search for court cases on the territory of Moscow.

Check divorce information if I don't live on a propiska.

If a claim is to be verified on the territory of another region, the following actions should be taken:

For example, put a dot on Russia's map, say it's written, but Mrs. Ivanovna doesn't live there all the time, and she wants to know if her husband has filed a lawsuit for divorce in court.

To do this, a request must be entered in the browser search line: "Peace judges in the city..." or "Find a justice of the peace in the city...", "find a justice of the peace at the address" etc.

Among the proposed candidates are the address of Mrs. Ivanova ' s registration and information about the court; most justices of the peace in Russia have an online case search form on the site, which can be used to search for a divorce claim.

If the spouse, the defendant in the divorce case, is not registered and does not reside in the territory of Russia, he may verify the existence of a divorce claim:

• at the address of his last residence in Russia;
• The location of the property in Russia;
• The address of the spouse ' s registration (a).

District Court

If it is assumed that the spouse may still request the separation of property, determine the children ' s place of residence or the manner of communication with them, the application of the district courts should also be checked.

The address at which the court should be sought is the same, but there may be exceptions.

For example, a spouse may have filed a claim for the division of property; in some situations, he has the right to apply to the place where the property is located; therefore, if there are real estate, the court case should be checked at the address of the property.

Find out on the Internet about a divorce in a district court.

To search for information on the district court and the court case online, Moscow residents can use the official portal of the ordinary courts of Moscow: https://www.mos-gorsud.ru/mgs/search

Two modules will be useful:

Searching for court cases.

Once you have entered this section, you can check by name the existence of court cases in all the district courts in Moscow.

Territorial jurisdiction.

This section will help to identify the courts to which an application can be filed, by entering the street and the house number, by receiving the district court operating in the territory, and by identifying the address, telephones and judges of the particular court.

If information on the case is provided, we recommend that we come to the judge ' s office (at reception hours) and review the case file and the date of the hearing.

In order to avoid any further surprises, it was time to prepare a case and seek qualified legal assistance.

Will the court notify of the divorce?

The duty of the court is to notify the parties to the proceedings of the progress of the case, to send the defendant: a copy of the claim with annexes, a decision on acceptance and preparation of the case, court summonses with hearing dates and other judicial acts.

If the defendant does not live on a propiska, he may simply be unaware of the receipt of court correspondence; the time limit for the retention of court letters in the post office is 7 days, after which they return to the court.

The court was considered to have duly notified the defendant, but because no one had received the correspondence, she returned to the court, sometimes the plaintiffs deliberately indicated the defendant ' s wrong address and the courts did not always verify the accuracy of the information provided.

Therefore, the defendant remains undisclosed about the hearing, and when he learns of the decision, it is often possible to reverse it only through a higher court, which will require much more effort than participation in the trial in the court of first instance.

Distance review

In the absence of the defendant, the judges may offer the plaintiff a judgement in absentia, which is slightly different from the ordinary one, and the defendant shall be granted an additional 7 days from the date of receipt of the judgement in order to set it aside.

In other words, it is much easier for a person who has not been informed of the divorce to reverse it by directly applying to the court that brought it, and the plaintiff, in agreeing to such a decision, must assess all possible risks of its annulment.

If the plaintiff rejects the decision in absentia, the judge shall set a new date for the hearing, which shall be communicated to the parties again.

Can my marriage be dissolved without my involvement?

Thus, many marriages are dissolved without the participation of one of the parties, sometimes only because she was unaware of the case.

But it's worth understanding that if the divorce has already taken place, the unexplained defendant has every right to cancel it, but eventually the marriage will still be dissolved, only in time.

Russian legislation did not allow for the forced marriage of one of the spouses against his or her will.

An experienced divorce lawyer would help not only to know about divorce well in advance but also to warn against possible risks in the division of property and disputes over the upbringing and maintenance of children; preventive legal assistance, as well as medical assistance, would help to overcome the process more easily and with the least loss.

Simple ways to find out if the wife filed for divorce.

Divorce statistics in Europe are appalling: one in three couples separates, one year or two after marriage, divorce is a long and not very pleasant case, and there are few cases in which the couple have made the decision and abide by it.

What if the husband does not approve of the decision? Is there a chance to know it in time or in advance and try to prevent it?

Is it possible to know if the husband/wife has filed for divorce?

The divorce decision is usually made not immediately, but after a certain period of time in the event of separation or multiple conflicts or scandals; therefore, the husband is not immediately able to find out if his wife has filed for divorce.

Moreover, in family life, the phrases of divorce and separation were often missed, but no real action was reached, and the current legislation of the Family Code regulated the procedure for applying for divorce.

According to the law, there are two ways of breaking up a marriage: through the civil registry and through the courts; in order to obtain a divorce through the civil registry, it is necessary for both parties to reach a decision on the matter, and it is practically impossible to grant a unilateral divorce.

With regard to the second option, the consent of the second spouse is not required; if the spouse brings the divorce before the court, she is the plaintiff; this is an application on the basis of which the court hears the wife's request for divorce.

Upon receipt of a claim from a family member, a copy of the document is sent to the second party, informing them that the divorce proceedings are under way; the wife herself does not have to inform the husband of the divorce and the court will do so; all the nuances and details of the proceedings are contained in the summons that the parties receive.

The husband may also apply for divorce, but there are two situations in which he is not entitled to do so:

• A pregnant wife;
• The couple have custody of a child who is under the age of 1.

Options where an application is brought before a court of law:

In the first case, divorce is possible only through a court, even if both do not want to live together further, even if they decide who the children or the child will stay with — if there are minor children, only the court has the right to separate the parties.

1. If the couple cannot reach a joint decision or one of the parties does not wish to divorce and intends to keep the family, the registry office will not be able to dissolve the marriage.
2. In the third option, the case will go to trial if a member of the family simply sabotages the divorce process, does not want to communicate or feed the promise that he will appear at the event but does not.

How do you know if a divorce application has been filed with the civil registry?

Divorce through the civil registry is only possible if the decision is made jointly and both parties are present at the filing of the application; the option of applying by a family member is possible if the signature of the second notary is certified.

It is also possible to dissolve a marriage without the presence of a second party if there are grounds for doing so:

If these grounds are not key to the question, the civil registry cannot separate a couple without the presence of one of its members.

The only reliable way to find out if a divorce has taken place through the civil registry is to obtain a divorce certificate; the document contains all information about the recipient and the date of issue of the certificate, the particulars of the seals and signatures, and the registration number.

You can find out about your new family status in the civil registry where the marriage itself has been concluded or where the spouse lives.

How can we verify whether the husband has brought the divorce to court?

Only the court can legitimize divorceHowever, there is no such thing as extraordinary divorce or secret divorce in judicial practice.

All cases and proceedings are conducted in public: if there are minor children on guardianship, the divorce takes place in open court, if the spouses agree to a joint dissolution, the proceedings will be closed, and the presence of both parties is not necessary.

In order to confirm the commencement of divorce proceedings, the court issues an order without which, in principle, the divorce cannot be carried out, but it is possible to know that the wife/husband has filed for divorce before the court order comes.

Get information on the Internet

If the situation is of a nature that a person can only learn about the proceedings through a court, all information must be monitored; this can be done by visiting the official resources of the court.

• The problem with the method is that the defendant needs to know clearly to which institution the spouse filed the claim.
• According to the current Family Code of the Russian Federation, the plaintiff is entitled to file a claim in the defendant ' s place of residence.
• In some cases, an application may be lodged with the claimant ' s home if there are children under the age of 18 or health problems.

Official Portal of State Services

You can also apply for divorce on the State Services portal, but confirmation and consent are required from both parties involved in the process; you can find out if the application has been filed and if it has been done correctly on the website of the portal.

A special section of the State Services provides all relevant information on the stages of the processing of applications and applications, and now visits to the authorities in the spouse ' s suspected areas of residence.

If the address of the plaintiff ' s residence is unknown, the only correct way to know about the application is to visit several courts and clarify all the facts.

If information could not be found, either the spouse attempted to blackmail or provided false information or the court did not wish to report the case.

Court of Justice

According to the general rules, divorce cases are heard by the justice of the peace, which includes cases in which there is no dispute over children who have not reached the age of majority and no claim for property and property rights up to 50,000 roubles.

All other trials are handled and tried by district courts.

In order to clarify on the Internet whether a spouse has filed a divorce with a justice of the peace, it is necessary to know the address of the authority to which the application was sent.If the address is unknown, you can try to access the official resources of the justice of the peace and follow the schedule of the upcoming hearings.

In such annexes, the name, first name and patronymic of both the plaintiff and the defendant must be entered; another way to find out about the application for divorce is by calling the judicial authorities and clarifying the fact; however, using this method, it will have to confirm its identity.

The Office of the Court or the written request is a guaranteed option to learn about the dissolution of a marriage, a method that is very time-consuming — about 30 days — and during this period the judge can already complete the proceedings and terminate the marriage.

District Court

If the defendant is satisfied that the wife has filed an application with the District Court, it is possible to find a section on the court case file by visiting the official website of the institution, and the plaintiff and the defendant should also be entered in this section.

Additional information may also be obtained through telephone or a written request.

The subpoena doesn't come: What's the reason?

Regardless of the court ' s jurisdiction, any divorce proceedings may not take place without the notice of the defendant; therefore, after a complaint has been filed by the plaintiff with the defendant at the place of residence or registration, a summons shall be sent to the court, which shall indicate all the details of the forthcoming hearing.

However, the courts often approach the matter formally and do not issue a summons, where the plaintiff indicates the address at the place of the propiska rather than the actual one, and the notice simply does not reach the hands of the defendant.

If the summons did not reach the defendant, it is generally because:

1. The plaintiff stated the wrong address or incorrect location of the second party;
2. The court did not grant the wife ' s claim;
3. It was not written or submitted at all.

It is not uncommon for a divorce to be processed by a court without the knowledge of the other party; in such situations, the spouse (a) may file a counter-claim with the court to quash the decision because there is no reason why he/she has not been informed by the court of the commencement of the trial and thus has not been able to defend herself before the court.

If the defendant has not been notified of the divorce proceedings, he or she is not entitled to consent to the divorce.

There are exceptions when the defendant deliberately fails to appear before a court; after the third postponement of the hearing, the court is entitled to separate the parties without the appearance of the other party.

How do you know if your husband has filed for divorce or not?

During divorce, there are often contentious moments, but there are situations in which couples who do not communicate at all are divorced. If the wife has filed for divorce, how will the husband know? And in such situations, how can the conflict be resolved peacefully? The answers to these questions are found in Russian legislation and judicial practice.

How is it possible to know if the husband has filed for divorce?

There are many ways to find out if the husband has filed for divorce without talking to him personally.The important thing to learn is that no one can divorce a citizen without his knowledge.Such a decision would be considered false and any court would revoke it on the application of the person.

If there are no children (divorce passes through the civil registry)

If the spouses do not have joint property or children, the divorce can go through the civil registry, and many citizens feel that they can be divorced by the first application, and we will not have to wait for the consent of the spouse, but we are not.

There are a number of legal nuances:

1. The civil registry will be required to give the spouses a month for reconciliation; under the law, the second partner must be officially informed of the time limits set for the settlement of the conflict, but in practice this is often not the case; such violations can be challenged in court.
2. Divorce in the registry is possible only by mutual consent, and forced divorce always takes place through a court of law.
3. The existence of a marriage contract does not constitute a ground for the civil registry not to notify the second spouse of the divorce or to divorce without it, even if it is prescribed in the agreement itself; according to Russian law, any paragraphs of the contract which are rewritten by the law are automatically declared null and void.

In divorce through court

If a divorce has been initiated through a court of law,The citizen will be notified by subpoena, but then nothing can be changed – you just have to go into the process and defend your rights there.If the other spouse has not been notified (or informed in an inappropriate manner) of the commencement of this period, it will be considered illegal and will begin again.

How do you know if the wife filed for divorce in court if the subpoena doesn't come, and rumors say it's time?The summons may not come if the spouse has not been notified of the defendant ' s place of residence and does not know its contact details.In such a case, the notice of the commencement of the trial will be posted on the Internet and in the local newspaper.

What do you do if you suspect that a spouse can file for divorce?

In the event that the couple no longer live together but have not yet divorced, and one of the partners is concerned about the matter, there are some ways in which we can calm ourselves down and explain some aspects.

1. First, there is a need to study the theory.There is no practice of secret divorce in the Russian Federation; such trials are freely available – any citizen can come and see how the case is being heard; therefore, failure to give due notice to the parties is a gross violation of the process; in 99 per cent of cases, the parties learn about the hearings on time, only to check the mail and the court's website regularly.
2. Secondly, it was necessary to determine whether a spouse could divorce from the civil registry or only through the courts.This depends on the existence (or absence) of a marriage contract, joint property and common children.
3. Third, the procedure itself.As to whether an application for divorce had been filed, the first issue was the jurisdiction (subject matter and territorial) of the court to which the applicant could bring an action; the general rule was that the hearing should take place in the defendant ' s place of residence.

The husband may then apply directly to the court itself, confirming his identity, so that he can ascertain whether there are any cases in which he is a party or not.

An alternative way of obtaining information is by the spouse's lawyer if the citizen communicates with him or her.

It's worth remembering that he doesn't have to say anything because he's bound by the rules of lawyer ethics and attorney confidentiality, a method based solely on human relationships.

At the same time, the professional lawyer you hire may conduct the search for the spouse and the details of the information on his or her own, but these services will have to be supplemented.

The more information about the sex is known to the citizen, the lower the cost of a human rights defender.

How do you know if your wife applied for a divorce online?

There are two ways to find out if the wife has filed for divorce: domestic and legal.

1. In the first case, you have to check the half pages on social media, contact her friends, as naive as it may seem, but many disputes are resolved in this way in pre-trial proceedings.
2. In the second case, it is worth visiting the website of the judiciary and the websites of the courts where the hearing can take place and checking all the latest records of cases; if there is nothing there and the heart is not in place, you can contact the court office, but most likely without a formal written request, there will be no result.

Conclusion

Divorce is a complex process, let it be automated in almost everything, but there aren't so many ways to find out if your husband has filed for divorce or not.

The inadequacy of the system encourages people to resolve their problems in pre-trial proceedings, leaving behind many conflicts and lack of information. In any event, a citizen must know that if he or she has been misinformed of the divorce, he or she has full right to demand the annulment of the court decision in whole or in part.

How to find out if the wife filed for divorce: or whether the husband left the application in the registry or in court or on the Internet

Every second family relationship breaks down after about 5 to 9 years.And if you do not have any knowledge of the marriage, then if you do not have any knowledge of the marriage, then if you do not have any knowledge of the marriage, then if you do not have any knowledge of the marriage, then if you do not have any knowledge of the marriage, then you will have no knowledge of it.

There are two ways of breaking the family relationship: through the civil registry or through the court; it is possible to file an application with the registry office in such cases as:

1. The mutual consent of both members of the family.
2. One of the spouses is in the MLS for a period of more than three years.
3. The spouse has been officially reported missing and no one knows of his whereabouts.
4. One of the spouses is incompetent.

In all other cases, divorce proceedings are brought before the courts.These include divorce with the division of property, with minor children, disagreement between one of the spouses, and others.

Attention!According to the current legislation of the Russian Federation, only those who are directly involved in the divorce process may be informed of any information about the divorce process, and they will also be required to provide the relevant authority with a proof of the marriage certificate.

Wife

Since either spouse can apply for divorce, the second spouse may find out in a number of ways.

Office of the Prosecutor

If the divorce proceedings are conducted unilaterally through the civil registry for the reasons at hand, they must notify the second spouse within three days of the adoption of the application, in accordance with article 34, paragraph 4, of the Federal Act No. 143.his guardian or manager concerning the date and place of the divorce proceedings and specifying the name of the post-divorce family name.

It matters!In the event of divorce, any authority must notify both spouses of the pending proceedings.

On the Internet

It's possible to find out on the Internet.Only such information as whether the wife has filed an application for divorce with the court, since she is the plaintiff, according to the law, the information is to be obtained by the court at the place of her registration, and proceedings may also be brought at the place of the defendant ' s registration.

The official website of the relevant court, by law, must contain information on all proceedings and see if there is a case involving a spouse, possibly by name, by the number or date of the case already filed.

Husband

It is often the wife who wishes to maintain a relationship in a destructive couple, but the husband insists on divorce, so the husband is interested in knowing if the husband has filed for divorce.

If the husband has filed a unilateral application with the civil registry office on legal grounds, the divorce officers will notify the spouse of the proceedings themselves within three days.

Through the network

If the dissolution of a marriage on the initiative of the spouse is not avoided, which is more often done through court proceedings, then whether the husband has filed an action with the court is available on the Internet.

To do so, you should simply visit the court's official website.where the divorce will take place (at the place where the plaintiff or respondent is registered) and by name specify whether the participant is involved.

Divorce

If one spouse has long claimed that they will soon be divorced, but the other does not believe it or take it seriously, there are several ways to find out about the dissolution of the marriage.

1. They are required by law to notify both parties of the forthcoming divorce process by specifying the date and place.
2. Self-explanatory information, either by telephone or in person, and a supporting document would be required in the event of a personal appeal.
3. Using Internet resources, check the existence or absence of court cases.

Help!The Internet is also the most popular resource on which it is possible to find information of interest – the Russian General Secretariat, Justice, Russian Justice, Judicial Decisions of the Russian Federation.

Conclusion

The divorce process is time-consuming, time-consuming and resource-intensive.It is often the case that one of the spouses may not be aware of the procedure to be followed; therefore, in the event of a violent situation in a married couple, the information given by the divorce authorities about the existence or absence of such a declaration should be clarified periodically.

How to know if a divorce application was filed in 2023

Moreover, almost half of the marriages concluded in the Russian Federation ended in divorce, and it was often the case that only the husband or wife wished to formally dissolve the marriage by applying unilaterally; for the second party in such a situation, the question was how to find out whether a divorce application had been filed.

This information not only makes it possible to prepare psychologically for the end of family life, but also to develop a strategy of conduct for litigation.

Can you apply for a unilateral divorce?

The Family Code of the Russian Federation provides for the possibility of the dissolution of family relations between one of the spouses without the consent of the other, and article 22 of the Code states that the dissolution of a marriage upon application by the husband or wife alone shall be effected in two ways:

• In the civil registry, if the second spouse is found missing, incompetent or serving a prison sentence of more than three years;
• In the court of the residence of the spouse who refuses to break up the marriage, the evidence must be provided to confirm the need for the breakdown of the family relationship.

The question of whether or not the wife had filed for divorce was very important, since in the event of non-appearance, all the plaintiff ' s claims, both property and common children, were met.

As the second party is notified of the unilateral application for divorce

If divorce is not possible in the civil registry, an application shall be filed with the court:

• A world that deals only with intra-family differences and does not participate in the division of property or children;
• District in the defendant ' s register, if there are disputes between the spouses concerning minor children or property valued at more than 50,000 roubles.

The plaintiff shall submit the application to the appropriate authority and shall indicate the contact details of the defendant: address and telephone.

In response to the question as to whether the wife had filed for divorce (or the husband), it should be noted that the staff of the organization dealing with the case were reporting it on their own.

A summons is usually sent and a telephone call is also allowed, and both spouses are notified at the same time, and this is done after the date of the court hearing has been set.

There are cases in which the plaintiff deliberately gives incorrect information about the defendant ' s place of residence, although most often it is simply not available, when a summons is sent to the address of the propiska, sometimes even by registered letter, but this does not guarantee its receipt. It is best to find out whether the divorce proceedings have been initiated.

Is a divorce application filed: How and where to find out?

In order to find out whether a husband has filed a divorce with a court, contact must be made with the judicial office or the registry authorities; this can be done at any time when it is suspected that proceedings can be initiated without any request or request being made; it must be noted that the UK of the Russian Federation has no time to wait for a reply.

In the civil registry

In order to obtain information from the registry, it is necessary to contact the office, either personally or by telephone, the responsible officer is required to report the existence of the application; it is illegal to conceal such information or to require a personal appearance (if the request is made by telephone).

In court

To find out in court whether the wife filed a divorce with the court is as simple as in the civil registry, and it is necessary to contact the office of the justice of the peace or the district court.

The application may be lodged in the place of residence of the plaintiff and not in the case of the respondent, if there is no information about the latter ' s residence or propiska; the procedure is the same: to come to the office in person or to call.

It is not possible for court officers to report the initiation of a divorce.

Unilateral divorce: Is this possible without the consent of the second spouse

The option of divorce without the consent of the second spouse is possible: first, as mentioned above, it is possible to do so in the registry if the defendant is found missing, incompetent or sentenced for more than three years, and a statement and a document confirming that the defendant is unable to appear in the registry will be required.

Secondly, the court may separate the spouses in the event that the defendant fails to appear for three sessions; the judgement will require an application for divorce, a receipt of payment of the public favour and documents confirming the plaintiff ' s desire to divorce.

For example, it may be video or audio recordings of the defendant ' s misbehaviour, testimony, and so forth; as mentioned above, if the defendant does not appear on a subpoena, the marriage will be dissolved.

When a divorce is initiated by a husband, the court has the right to refuse if the wife is pregnant or has a child less than a year ago, taking into account the death of the child during childbirth or before the age of one year; in these situations, the divorce proceedings will also be refused; in the event of the application of the wife, it shall be accepted in all cases, without exception.

The defendant may challenge the judgement of the court if the divorce has taken place without his knowledge, for example, when the summons has not been delivered.

Conclusions

It is possible to divorce unilaterally without the consent of the wife or husband in the Russian Federation, which is done in the registry under certain conditions, but more often in court.

In the case of a unilateral application for divorce in the civil registry, the marriage shall be dissolved if the second spouse is recognized as:

• Unable to do so;
• Missing;
• Convicted persons for more than three years.

On the basis of the supporting documents, the staff of the registry will dissolve the marriage.

In all other cases, the application for divorce is submitted unilaterally to the court; the District Court hears cases in which there are property disputes or if the couple cannot agree on who the minor children will remain with.

And the justice of the peace hears applications that are based on dissatisfaction with marital life – without property disputes and in the absence of a couple of common children.

The dissolution of a marriage without the knowledge of the second spouse is usually effected if the latter fails to appear for three court sessions.

How do we know if a divorce application has been filed by a husband or wife?

The procedure for applying for divorce is governed by the provisions of the current legislation of the Russian Federation, for example, article 18 of the Family Code stipulates that divorce may be obtained by means of a request to the civil registry or judicial authorities.

With regard to the first option, the procedure required the mutual consent of both spouses, which could not be done unilaterally, but the consent of the second spouse was not required to initiate the procedure in court.

As a result, questions about how to verify whether the wife has filed an application with the court or how to determine whether the husband has filed a divorce are legitimate for the spouses.

Did one of the spouses have the right to initiate divorce proceedings without the knowledge of the other?

The judicial dissolution of a marriage implies that only one of the spouses must file an application, and the applicant may not notify the husband (wife) of the decision, but the court must do so.

The only exception is two situations in which the husband cannot apply for a divorce:

• The wife is pregnant;
• The couple have a child under the age of one.

In such cases, only a woman may initiate divorce; this right is enshrined in article 17 of the Family Code of the Russian Federation.

Procedure for informing the defendant of the commencement of the divorce proceedings

Once the application has been filed with all the accompanying documents, the court shall set the date of the hearing, which shall be notified by means of a summons to the husband and wife, and the rules of civil law shall allow for telephone information as well as a registered letter.

It is only here that one nuance is that the summons is sent by the court to the address indicated in the complainant ' s claim.

There are also frequent precedents in case law where the plaintiff, in his or her interest, gives the wrong address of the defendant ' s residence on purpose.

How can we know about divorce in the absence of a subpoena?

Persons in an official marriage have the right to request information from the office of the judicial authority of their place of residence, if they are suspected, whether their spouses have initiated a divorce and, if so, how many hearings have been scheduled, and the refusal to provide such information is unlawful.

You can contact the judicial authority either personally or by telephone, and if you do not have information about the registration of the divorce application, you can apply to the court in the second spouse ' s place of residence.

Could a court divorce a spouse without the consent of the wife or husband?

If the defendant is not notified of the divorce proceedings, then he or she cannot consent to the divorce, but the procedure can still be carried out.

In the event of failure to appear at the hearing of the husband or wife, who is acting as the defendant, the hearing shall be postponed to another date; the postponement of the case shall be possible only twice, and if the defendant does not appear at the hearing for the third time, it shall be deemed by the court to be in agreement with all the requirements of the applicant, up to the division of the common property.

What if the divorce was carried out without the knowledge of the husband or wife?

In such a situation, the spouse has the right to file an application for annulment of the divorce decision, which is based on the fact that he or she has not been informed of the divorce proceedings and has therefore not been able to defend his or her interests.

Procedure for challenging a divorce decision

Before applying to the court for annulment (recall) of an earlier decision, evidence must be obtained that the spouse (a) has not been informed of the commencement of the divorce proceedings; this evidence must be documented and attached to the claim.

Contents of the statement:

1. The name of the judicial authority to which the application is made;
2. Information on the applicant and the exact address of the residence;
3. Name of declaration;
4. Information on the date of marriage and its duration;
5. Information on the date of dissolution of the marriage and the details of the court decision;
6. The reasons for the application to the court;
7. Request for annulment (retrofit) of an earlier divorce decision;
8. Argumentation of claims;
9. A list of the attached documentation;
10. Date and signature of the plaintiff.

If the claim is successful, the court shall order the annulment of the previous decision and of all the legal consequences resulting from its issuance; the divorce certificate issued at that time shall be declared null and void; but this shall not preclude the right of the wife (husband) to apply again.