Unfortunately, not every couple who have bound themselvesmarriage, agree to live with each other happily ever after. Often, in the event of a time, many find that they have made a mistake and decide to divorce. However, the divorce process is far from the most painless procedure in terms of moral feelings.
The situation is further complicated if the partingrequires only one party without the consent of the other. In this case, the question arises how to file for divorce unilaterally. The law provides for this method of divorce, however, there are quite a few nuances that determine the method of obtaining freedom from family ties, as well as its time frame.
Ways to Divorce
By law, there are two main ways of obtaining a divorce, which depend on the consent of the spouses on this issue.
If the decision is mutual, it is enough to come together to the registry office, file an application, pay the fee, wait for the deadline (1 month) and get the long-awaited freedom.
Another way, with the help of the court, more difficult asin terms of the complexity of the procedure, and in terms of experienced feelings. It exists for couples who can not reach an agreement about the dissolution of their marriage. The main stumbling blocks are the presence of children and the division of property. If you are interested in how to file for divorce unilaterally, then, most likely, the court’s help will be necessary for you. However, Russian legislation provides for exceptional circumstances in which you have the opportunity to dissolve a marriage without the presence and consent of the other party, and without the need to go to court.
Ways to divorce without the consent of the other party
If the spouses unanimously decided to divorce, then they do not need to go to extra points. A visit to the registry office is all they need.
- write a statement to the registrar;
- make an appeal to the judiciary;
- send a statement to the appropriate authorities using the Internet;
- send documents by mail.
Thanks to this choice of methods of filing for a divorce, everyone can choose the most preferable for themselves.
When you can not divorce without the consent of the other party
Those who are interested in how to file for divorce unilaterally, should know that there are restrictions that make this method impossible. There are only three such situations:
- if a man requires a divorce with a common child who is not one year old;
- if the requirement of divorce comes from a man whose spouse is pregnant;
- if the birth ended in the birth of a dead child, or he died in the first months of life and less than 1 year passed since this event.
Only these three factors make the proceduretermination of the marriage union in the absence of consent of the other party is impossible. However, they are temporary, respectively, do not belong to the absolute prohibitions. Also it is necessary to take into account that these restrictions apply only to men, a woman can terminate the marriage at any time and without the consent of her husband.
Divorce without the consent of the other party in the presence of children and their absence
The fundamental difference in carryingThe divorce procedure depends on the fact of having children. How to file for divorce unilaterally, if there are children and in their absence - these are absolutely different procedures in terms of complexity.
When there is no common child, the divorce process takes place in the registry office. This option is a simplified scheme of divorce. However, the presence of both spouses is optional.
When a child grows up in a family who has not reached the age of majority, you can get a divorce solely through a court.
Divorce through registry office
If the decision to dissolve the marriage is not mutual, the civil registry office conducts the procedure only in exceptional cases:
- in the event that the other party is declared incompetent;
- considered missing;
- He is serving a sentence of more than 3 years in prisons.
If any of these causes are present, the marriage will be terminated even if a child under the age of 18 grows in the family.
So, how to file for divorce unilaterally through the registry office? You will need to provide:
- marriage certificate (copy and original);
- receipt upon payment of state duty;
- petition for dissolution of marriage;
- medical certificate of recognition of a spouse as incapable (if available);
- the ruling of the judicial authorities that the party is recognized as missing (if available);
- the ruling of the judicial authorities that the party is serving a sentence in places of deprivation of liberty with an indication of the period (if any).
ЗАГС расторгает брак также по причине смерти либо recognition by the court of the spouse dead without finding out the reasons. To do this, you must attach to the list a document testifying to this fact.
Judicial appeal for divorce
You should know how to file for divorce unilaterally in court if the couple has:
- under-age children grow up;
- one of the parties refuses to dissolve the marriage;
- one of the spouses applies to the judicial authorities for a divorce without informing the other.
Consideration of the application begins after filinglawsuit in court. It does not matter the reason indicated in it. According to the law, the basis is the fact of the citizen’s desire to dissolve the marriage. Also, this method is the only way to file for divorce unilaterally, if there are children. In this case, in addition to the above documents, you need to attach:
- birth certificates of each child;
- certificate of income spouses.
What is Diversion?
It often happens that one of the parties does notHe is in court for the dissolution of the marriage, despite the notice. In this case, there is an auto divorce of the spouses. This means that if he fails to appear at the hearing 3 times, the court decides to dissolve the marriage without the presence of one of the parties.
This decision is subject to appeal if it is proved that the non-appearance occurred for a good reason.
Internet divorce
One of the most painless and comfortableways of divorce is the internet. In this case, you can avoid meeting with the unwanted spouse, and accordingly, negative emotions. However, this method has its limitations and is most convenient when you do not know how to file for divorce unilaterally if there are no children. If there are minor children, as well as in case of refusal to divorce one of the parties, it is necessary to have a court order for this method.
So, how to file for divorce unilaterally via the Internet?
The procedure should be started with registration on the official website of the State Service, by entering your passport data and SNILS in the appropriate field.
After confirming the registration, select yourregion of registration and go to the Office of the Registry Office. It should be noted here that notification of registration is possible only by regular mail or when visiting the Rostelecom office.
Next, select the service "Divorce" and the method of its implementation (in this case, "Unilaterally").
Fill out the form and select the date of the visit to the registry office.
On the same site you can download the form with the details for which you can make a state fee.
Divorce through mail
Those who can not personally provide the necessaryfor divorce proceedings, it will be useful to know how to file for divorce unilaterally by mail. This is true for spouses registered in different cities, when one party requires a divorce without the consent of the other.
If there are no children, as well as property disputes, the issue can be resolved by mail. You must send the necessary documents to the Magistrates Court at the place of registration of the defendant As a rule, are required:
- application for divorce;
- certificate of registration of your marriage;
- receipt showing that you paid the state duty.
In some cases, additional documents may be required, which you will be informed of.
After your application is acceptedconsideration, it is necessary in the same way to send a notarized petition. In it, you must express your desire to conduct the procedure without your presence.
When the trial is completed, youget a copy of the court decision, which is necessary to appear in the registry office after the expiration of the time limit for appeal. There you will be stamped on the dissolution of marriage in your passport.
Time frame for divorce unilaterally
The law provides for a regulated period during which the divorce process is completed. The registry office provides 1 month for reconciliation. This term also includes the day the petition is filed.
If the marriage is dissolved by court, the spouseson average, given 3 months to review their decision and reconciliation. This deadline includes the date of the application, as well as the hearing that the judge is holding. If there are no significant disputes, the process is usually completed by this time. However, if one of the parties creates obstacles to the closure of the case, as well as disputes relating to common property, the time for consideration may be extended. In any case, the process is overwhelmingly in favor of the claimant. Therefore, reaching agreement between the spouses will only ease the emotional burden and save time.
Таким образом, способов, как подать на развод в unilaterally, there is quite a lot. The law provides for the facilitation of this procedure for spouses. This is important, given that the divorce process itself is rather difficult for people. If there are children, this procedure affects them too. That is why it is necessary to know all the ways of processing the divorce process both in case of unanimous decision of the spouses, and in case of refusal of one of the parties. This is to ensure that this procedure is as painful as possible for all its participants.
