Is it possible for one of the spouses to file for divorce at the registry office?

The relationship between spouses in each couple can be different; they depend on the life situations that are experienced together. Often one of the spouses understands that living together, running a household, and raising children no longer suits him. In this case, someone tries to overcome themselves and stay in the family, others leave it.

In order to completely and officially end a relationship with a spouse, it is necessary to dissolve the marriage. During this process, questions may arise regarding the division of jointly acquired movable property and real estate, establishing the order of communication and place of residence of a child who remains living separately from the ex-husband or wife.

Is it possible to get a divorce without the consent or presence of the husband or wife?

There are situations when one of the spouses expresses a desire to divorce, but the other does not agree and prevents the divorce.

Based on this, the question may arise: is divorce possible at the request of only one party? Of course, the law provides for circumstances in which a marriage is dissolved at the request of only one party. To achieve this goal you will have to be patient and determined.

You can unilaterally divorce your spouse in 2 instances:

In ordinary cases, a divorce occurs if both parties agree and appear at the registry office.

If a husband or wife agrees to the divorce process, but one of them cannot be present (is on a business trip, undergoing treatment), it is enough to provide his statement in writing, certified by a notary, which indicates the date and signature of the person. It is more difficult when the spouse does not give his consent and does not want to appear at the registry office, then this issue should be resolved in court.

Grounds for unilateral divorce

The legislation provides for cases in which a wife or husband will receive a pre-trial divorce (registry office).

Such grounds that do not require the consent of the second party are the following:

• the spouse was declared incompetent by a court decision (during the period of marriage he lost the ability to independently navigate in space, take care of himself, and think rationally);
• he was declared missing (there is no way to find out about his whereabouts for 5 years);
• is serving a sentence in a penitentiary system for more than 3 years.

To begin a divorce, it is necessary to submit a package of documents confirming the existence of such circumstances (a court decision on incapacity, a certificate of the presence of the husband or wife in a penal institution, a certificate of recognition as missing).

It should be noted that if there are dependents and property that must be divided into 2 halves, a divorce cannot be filed with the registry office. This institution can carry out divorce proceedings only in the absence of minors and the consent of the spouses, with the exception of certain cases established by law.

At the initiative of the husband, they can grant a divorce at the request of one party if the couple does not have children.

The wife’s initiative in this regard is more free; she can dissolve the marriage even if she is pregnant or has a baby in her arms, but the woman undertakes to take responsibility for her life, physical and mental health. All conflict situations and disputes relating to the divorce process are resolved in court. In legal practice, there are several classic options for divorce proceedings when one of the spouses disagrees:

• if they do not have children (the simplest option is that the judge gives the family a certain period of time for reconciliation - from 1 to 3 months , after which the marriage is dissolved);
• if there are children (the judge also determines a period for reconciliation of up to 3 months at the request of the dissenting spouse. The period of divorce may drag on until the couple decides on the residence of the child and the collection of alimony, but no later than 3 months from the date of the first court hearing).

Divorce procedure

The progress of the divorce procedure depends on many factors; with a simplified version (no children, mutual consent) through the registry office, you must go through the following steps:

• contact the registry office at your place of residence;
• pay the state fee;
• submit an application for divorce by mutual consent in Form No. 8, unilaterally in Form No. 9;
• submit additional documents (passport, receipt of payment of state duty, marriage certificate), they can be sent not only in person, but also by e-mail, as well as Russian post;
• appear at the appointed time at the registry office for the divorce procedure;
• an employee of the institution will set a period for reconciliation from 1 to 3 months;
• after this time, both parties appear to make a decision;
• obtain a divorce certificate.

Divorce procedure in the absence of children

To carry out the divorce process with the help of the courts, the following stages must be overcome:

• file a claim for divorce at the defendant’s place of residence, if these are cities at a decent distance from each other, and the woman has a child or is pregnant, then the court can be appointed at her place of residence;
• appear in court at the appointed time;
• participate in divorce proceedings, resolve conflict situations and disputes regarding the division of property;
• the court will give a period for reconciliation from 1 to 3 months;
• after this time, appear for a second meeting;
• obtain a court decision on divorce;
• obtain a divorce certificate from the registry office.

Divorce procedure with children

If a couple has children, the process in court becomes much more complicated; it is necessary:

• file a claim for divorce;
• appear in court within the specified time frame, defend your position, argue your desire to dissolve the marriage;
• if a spouse who does not agree to divorce applies for a period of reconciliation, the court will grant such a period of 1 to 3 months;
• spouses need to decide in the courtroom with whom the children will live (this can significantly delay the process);
• after this period, subject to resolved conflicts and understanding of the place of residence of minors, a decision on divorce will be announced;
• obtain a court decision on divorce;
• obtain a divorce certificate.

Registration and filing of a claim

The statement of claim is filed with the city or district court at the defendant’s place of residence; if the area of ​​residence is remote, the issue of coming to this court hearing will have to be decided, the only exception being pregnancy or the presence of a child.

The claim must be filed according to certain rules and must contain the following information:

• the name of the court to which the statement of claim is filed, as well as the surname, name and patronymic of the judge;
• information about the place of residence and registration of the plaintiff, his last name, first name and patronymic;
• information about the place of residence and registration of the defendant, his last name, first name and patronymic;
• date and place where the marriage was registered;
• information about the circumstances on the basis of which the marriage with the spouse should be dissolved;
• the reasons why the marriage was not dissolved at the registry office;
• a description of the situation regarding the place of residence of the children, the collection of alimony for their maintenance, the main points of upbringing after a divorce;
• description of the situation regarding jointly acquired property and its division between spouses;
• statement of a request for divorce;
• list of documents attached to the statement of claim;
• signature and date of filing the claim.

Automatic divorce

In the family code there is such a concept of automatic divorce . It involves the failure of one of the spouses to appear in the courtroom three times to resolve the issue of divorce. Such an action by the defendant can be either unintentional or specially planned.

In addition, he may not even be notified of the court date, which does not relieve him of the obligation to appear before the court at the appointed time.

A party that does not agree with a court decision may challenge it within the time limits established by law.

Many people just starting the divorce process are interested in the time frame during which this event will take place. With the simplest option, divorce through the registry office, the minimum period will be one month. This depends on the period that will be provided as time for reconciliation of the parties. The longest process will be considered to be up to 3 months .

In the event of a trial, the following time limits are provided:

• after 14 days from the date of filing the statement of claim, a court hearing on the merits is scheduled;
• According to the law, the judge is required to begin the divorce process within 30 days ;
• consideration of the case with all disputes and conflict situations must take place within a maximum of three months ;
• after the decision is announced, it comes into force within 1 month after the date of the trial ;
• in case of filing an appeal, it will come into force after its consideration.

Judicial practice, in which cases a claim may be refused

The court may refuse to satisfy a claim for divorce, which can be registered only if the rights of a woman who is pregnant or with a child under 1 year . There is only one caveat: it happens that a man considers this child not his own, in which case he must present to the court evidence showing the absence of family ties.

In many situations related to the presence of children and pregnancy of a woman, one has to count on the man’s understanding; realizing the emotional state the woman is in, she can postpone the divorce process for some time, or abandon it and improve relationships in the family.

Divorce at the request of one of the spouses: How to file for divorce without a husband or wife?

It happens in life that close people become strangers over time and circumstances. As a result, divorce proceedings are initiated. However, this is not always a mutual desire. This leads to a logical question: If the husband does not agree to grant a divorce, what should he do? Note that this situation is completely solvable. How to do this - read this article. It also provides complete information about the circumstances of a divorce without the participation of the other party.

In addition, additional questions can be addressed to the family lawyer on duty.

Consultations are carried out free of charge and are available 24 hours a day.

Legal side of the issue

Divorce at the request of one of the spouses and divorce in the absence of one of them are, in principle, different. The second case involves the inability to be present at the registry office or at a court hearing due to residence in another state, serving time in prison, caring for a small child, health status, etc. And the first situation involves refusing to file for divorce.

A logical question arises: if one of the spouses does not agree to divorce, what should the other party do?

At the legislative level, different situations of the divorce process are taken into account:

1. If a man agrees to give a divorce, but cannot be present at the process, then his representative or notarized consent is sufficient.
2. If there are no children under 18 years of age in the marriage, and the parties have mutual consent, then the divorce process takes place in the registry office, even if the other party says categorically “no.”
3. If there are minor children, the divorce occurs without the consent of the wife, then the case will be considered in court.

Today, conducting a divorce in court is a common practice. And in order to transfer the case from the registry office to the court, the desire of one of the parties is sufficient.

At the same time, the Russian Investigative Committee specifies exceptional cases when it is impossible to do without the wife’s consent:

1. the spouse is bearing a common child;
2. the spouse is on maternity leave to care for a child for up to three years.

However, if the spouse wants to divorce herself, even in the presence of the above situations, the court will not restrict her in this desire. However, material security falls on her shoulders.

Is automatic divorce a myth?

The Russian Family Code allows for automatic divorce proceedings. The rules for such a divorce are simple. Divorce without a husband or wife who has not appeared at the trial three times is carried out automatically.

At the same time, absence from court or from the registry office can be either deliberate or for a number of valid reasons. For example, one party may not be aware of the need for a divorce at all. However, this will not affect the court decision in any way. Of course, automatic divorce for children under 18 is practically impossible. However, these issues can be resolved in court.

If a spouse disagrees and is deliberately absent from court, this may be seen as an attempt to interfere with the process. It is this aspect that determines the principle of “three absences.”

However, if the dissolution of the marriage was carried out “arbitrarily”, then the spouse whose rights were violated has the right to file a claim in court to challenge this decision. The same applies to violation of children’s rights during a divorce.

In view of this, even if the husband does not agree to the divorce, the spouse has the right to file an application independently.

Unilateral divorce

The current Family Code in Article No. 19 contains information that indicates that filing an application for divorce for a unilateral order requires the occurrence of the following circumstances:

1. The spouse has gone missing. This fact must be recorded by law enforcement agencies, and the certifying document is a court order. In this case, you need to act like this: interview relatives, conduct an independent search, then contact the authorities. After the court makes a decision, the parties can be divorced, even if there is a child.
2. The spouse is incompetent. In other words, he does not realize the meaning of his actions and does not control them on the basis of a mental disorder. This fact is established by a court decision.
3. Serving of one of the parties in MLS. In other words, a person is convicted of an atrocity and serves a sentence of at least three years.

All of the above situations are grounds to file for divorce without the presence of one of the spouses. At the same time, minor children in a marriage are not an obstacle to divorce.

Where to write an application?

In the Russian Federation there are two authorities whose competence is to resolve divorce proceedings. Termination of relations occurs upon submission of an application to:

• The civil registry office located geographically at the applicant’s residence address or the authority where the marriage was registered.
• Judicial authorities - magistrate or district office.

How to apply for divorce to the registry office? – This question is relevant for those who comply with all the conditions, namely:

• There is no dispute about the division of property, which was jointly acquired by husband and wife.
• The spouses entered into an agreement on the future fate of their common minor children.
• There is no dispute between the couple regarding monetary payments to provide for the disabled party during the wife’s pregnancy or her maternity leave.

If at least one point does not apply, then the marriage must be dissolved through the courts.

Divorce in court

At the request of one of the spouses and under the circumstances, the marriage can be dissolved in a judicial authority. To do this, you need to file a statement of claim. The submitted claim must include information such as:

• The name of the judicial authority to which the application is sent.
• Information about the applicant: last name, first name, patronymic, contact phone number and residential address.
• Similar information about the defendant's side.
• Registration number of the marriage certificate and date of issue.
• Information about joint children.
• Reasons for sending the application. It is in court that you need to tell about the reasons, whereas in the registry office they don’t ask about this.
• List of requirements.
• Additional documents that may influence the judge's decision.

In addition to the claim itself and the list of documentation, you need to pay the state fee. Without this, the case will not be allowed to be considered.

Please note that the list of required documentation always varies depending on the specifics of the case. Example: marriage contract, conclusion from guardianship authorities, honey. health certificates, etc.

The portal’s lawyers recommend attaching photocopies of documentation whenever possible, and taking the originals with you to the hearing so that the judge can verify their authenticity.

The claim is signed by the applicant or his authorized representative. Accordingly, the third party must have a power of attorney, which is also attached to additional documentation.

After a positive decision is made, the marriage is considered dissolved. The plaintiff should visit the registry office and register the termination of the relationship. Have an extract of the court decision with you.

How to end a relationship over the Internet?

Thanks to the development of the Internet, today an application for divorce can be submitted not only by visiting the institution in person or by mail, but also through a single portal of government services in the form of an electronic application. This requires a signature in electronic format.

This possible option for submitting an application requires registration on the portal using passport data and SNILS. You also need to fill out the appropriate form.

In addition to these documents, you will need a marriage registration certificate and a court decision for exceptional cases, i.e. for automatic divorce.

How much do they pay for divorce proceedings?

Regardless of the procedure for dissolving a marriage, the parties are required to pay a state fee. Its scope is regulated in the Tax Code of Russia, Chapter No. 25.3, Part 2. Since there was an increase in the tariff for public services, in 2023 the duty was:

• Statement of claim – 650 rubles.
• A claim for divorce with a requirement to divide common property – 650 rubles, plus a percentage of the amount of the described disputed property.
• The fee charged when issuing a divorce certificate: for a single filing - 350 rubles, for dissolution in the court - 650 rubles from each participant in the process.

However, this may not be all financial costs. For example, the assistance of a competent lawyer costs certain expenses. To reduce them, we recommend using free legal assistance from qualified portal employees.

Is it possible to file for divorce if one of the spouses is absent or disagrees? Of course, it is possible if the circumstances of the case do not provide for a prohibition, for example, as when the wife is pregnant. And, even if the party is against it, the only thing that can happen is an increase in the terms of the divorce process. Therefore, it is everyone’s choice to agree or not, but one way or another the court will divorce the couple.

Is it possible to get a divorce if spouses live in different cities?

Different situations happen in life. It also happens that people who previously planned to live together for many years become strangers to each other and decide to divorce. Divorce proceedings are not an easy procedure, especially when you have to divide jointly acquired property. In cases where divorcing spouses live in different cities, an additional complicating factor is added - distance. But what to do if a meeting of the former couple in one subject of the Russian Federation is impossible? How to file a divorce for residents of different cities? Let's talk about this in more detail in the article.

Procedure through the registry office

If both spouses completely agree to the divorce, have no claims against each other and are not raising minor children together, the divorce process is carried out through the registry office. Even if spouses live in different cities, the process of filing a divorce is as simple as possible:

• It is necessary to collect documents;
• One of the divorcees comes to the city of residence of the other or to the place where the marriage was registered;
• Spouses submit an application;
• One month after filing the application, one of the spouses will receive the divorce certificate.

It does not matter whether the divorce is registered in the city where the application is being filed to obtain a divorce by mutual consent. If the spouses cannot meet in the same city, each of them submits an application for dissolution of the marriage union to the registry office at the place of their own residence.

In order to file a divorce of spouses who live in different cities, the registry office must collect documentation from the list provided:

• A divorce petition filed by both parties;
• Identity cards of husband and wife;
• Marriage registration certificate.

An application for divorce must be completed using Form No. 8. The form must be filled out legibly in block letters.

Filling out is preferably done in writing, but the use of printed media is allowed. Blots, corrections, and knowingly false information are not allowed in the text of the application.

If the application is completed incorrectly, authorized employees of the registry office will not accept it for consideration.

All items in the Form No. 8 application are mandatory. Husband and wife are required to indicate:

• Full name - no initials or abbreviations;
• Date and place of birth;
• Citizenship;
• Place of residence;
• Information from the identity card (series, passport number, expiration dates);
• Details of the marriage document (number and series of the document, where and when it was issued);
• Information about assigning surnames after divorce;
• Name of the civil registry office to which the application is sent;
• The date of filing the application requesting a divorce;
• Personal signatures of citizens who decided to file for divorce.

Procedure through the court

It is necessary to initiate divorce proceedings through the court if:

• The husband or wife does not want to file for divorce;
• Divorcing spouses have minor children together.

When spouses live in different cities, the claim is filed in court at the place of residence of the defendant. If the divorce does not raise the issue of division of property, the claim should be filed in the Magistrates' Court , if property disputes are included in the divorce process - in the District (City) Court.

To file a claim in court, a former couple seeking a divorce must complete the following series of steps:

• Draw up a statement of claim;
• Collect the necessary documentation;
• Pay the state fee;
• Submit documents and a statement of claim to the court;
• Take direct part in court hearings;
• Wait for the court's decision;
• If the decision is positive, contact the registry office with an application Form 9 or Form 10, respectively.

If, when filing a divorce in court, the need for jointly acquired property arises, the state duty rate depends on the price of the claim and is calculated accordingly:

• With a claim value of up to 20,000 rubles. — 4% of the claim price, but not less than 400 rubles;
• From 20,001 to 100,000 rubles. — 800 rub. + 3% of the amount over 20,000 rubles;
• From 100,001 to 200,000 rubles. — 3,200 rub. + 2% of the amount over 100,000 rubles;
• From 200,001 to 1,000,000 rubles - 5,200 + 1% of the amount, over 200,000 rubles;
• More than 1,000,000 - 13,200 rub. + 0.5% of the amount, over 1,000,000, but not more than 60,000 rubles.

The state fee for non-property disputes is 300 rubles.

The consideration of a divorce case in court lasts from 60 to 90 calendar days. The court decision comes into effect 10 calendar days after its announcement.

List of documents for the court

In order to file a divorce through the court, you first need to collect a package of documents. You will need documentation from the following list:

• Identity card of the plaintiff;
• Bank details (receipt) for payment of state duty;
• Statement of claim;
• Marriage registration certificate;
• Birth certificate of common children;
• Documents confirming ownership (in the case of a procedure for dividing jointly acquired property);
• Witness testimony (as required).

The statement of claim with a petition and a request to formalize a divorce is filled out in block letters, legibly and without erasures or corrections. The information provided in the claim must be true, otherwise the statement of claim is not subject to consideration in court.

The following points are required for the statement of claim

• Name of the judicial authority or full name of the responsible Magistrate;
• Personal data of the plaintiff (full name, place of residence);
• Full name of the defendant without abbreviations;
• Indication of the date when the marriage was formalized and the period of the common household;
• Petition for divorce detailing the reasons;
• Attachment of the defendant's consent, if any;
• Information about the future residence of common children, about the procedure for their financial support and the calculation of alimony;
• Information about jointly acquired property (in case of division);
• The date of filing the claim and the personal signature of the applicant (to be completed in the presence of an authorized judicial officer).

An example of filing a claim for dissolution of a marriage in court is available at the link:

Is it possible to file for divorce without registration?

Having a residence permit is a prerequisite both for registering a marriage and for filing a divorce. However, the application may indicate the address where the applicant currently resides. It is, in principle, possible to file a divorce without registration, but in this case:

• The registry office has the legal authority to prevent divorce;
• The plaintiff is personally liable if court notices are not received.

It must be remembered that residence without registration on the territory of the Russian Federation is allowed only for 30 calendar days. If the specified period is exceeded, a fine is collected from the citizen.