More and more often people are wondering if divorce is possible without the consent of one of their spouses. It often happens that one person wants to end the relationship, and the other is against it. Is it really necessary in this situation to seek the consent of the one who advocates the preservation of legal relations? All the features of our today's 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
Is it always bred
What to do if you want to end the relationship with your spouse, but he/she does not? It is worth referring to modern legislation. In Russia, there are special rules that are provided for by law. They concern the relationship between husband and wife.
So, divorce without the consent of one of the spouses is possible. Moreover, it is always carried out when one of the couple has a real desire to break off legal relations. These norms are spelled out in Article 22 of the Family Code. True, a lot depends on the consent of the spouse to divorce. For example, in which organs the described process will take place.
Where to go
The thing is that a 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 in a couple both the husband and wife agree to break off relations, this can be done at the registry office. But what if there is no agreement?
In this case, only a divorce through the court threatens. 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 apply to the judicial authorities. Either you go to the magistrate's court, or to the district court (it is customary to file a lawsuit at the defendant's place of residence). It all depends on your overall situation.
World judge
Can I get a divorce without the consent of my spouse? Yes, in Russia there are a number of cases when this process takes place. Of course, if there was consent, then the dissolution of the marriage would be easier. But not always in a pair, both are ready to break off relations.
It is best to contact the magistrate on this issue in certain situations:
- or when you do not have 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, one can come to the world court with a divorce claim and only in the absence of significant joint property. If this rule is not observed, you will have to file a claim with another authority.
District Court
How to get a divorce without the consent of the spouse, if going to the justice of the peace is impossible? In cases where you have children and you cannot agree on their further residence, you will have to go to the district.
In addition, in the district courts, claims are considered for the rupture of formalized relations when the couple has significant joint property in value. Divorce without the consent of the spouse (without children) also occurs in these authorities.
Now that it is clear where exactly to turn, it is worth considering the divorce process better. If you prepare properly in advance, then you can bring the idea to life in just a few months. What features should you pay attention to first of all?
Not right away
Any divorce - with or without mutual consent - is not formalized immediately. Citizens are given time to reconcile. This is a mandatory part of the divorce process. Therefore, if you intend to end the relationship, be prepared for the fact that for some time you will "put up" with your spouse.
As practice shows, by the time they apply to the court or the registry office, citizens no longer live together. Therefore, all that remains for you is to wait for the reconciliation period to expire. Usually, only 30 days, a month, are given to think about a decision. If you are determined, after this period you will definitely be divorced. It does not matter, in the registry office or in court. The main thing is that you get your way.
Just keep in mind: if you decide to make peace and save the relationship, the claim will have to be taken away. You must meet within the allotted month. Or do it directly at the 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 relations. In Russia, a lot depends on who is filing a lawsuit.
The fact is that men have fewer rights in terms of divorce. So, husbands cannot divorce on their own initiative from a wife who is in position. This prohibition applies even after the birth of the child. Men will not be given a divorce until the baby is 1 year old.
At the same time, even during pregnancy and a newborn child, it is still possible to formalize a break in relations. How? To do this, a woman must file a claim. In this case, a divorce without the consent of the husband will take place in court, but it will certainly take place. Women during pregnancy and in the first year of a baby's life are given more opportunities in relation to the task set in this article.
Duty
How to get a divorce without the consent of the spouse? Once you have decided which court to apply to, you can begin preparing documents. The first stage is the payment of the state duty. Without this payment, your application 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 suit. The amount of the state duty is prescribed in the Tax Code of the Russian Federation, in article 333.19, paragraph 1, subparagraph 5.
This amount of money is charged only from one spouse - from the initiator of the divorce. As soon as the court of your choice is paid, you can apply for consideration. Just pre-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 suit to be accepted? The list is not too big. By the way, copies must be attached to the originals. You don't need to verify anything. In order for you to be able to dissolve the marriage in court, present:
- Marriage certificate;
- documents confirming the birth of children;
- receipts for filing a claim;
- claimant's passport.
This is where the main list ends. Additionally, you can attach documents-grounds for divorce, and the residence of children, as well as on the division of property acquired over time. True, usually in the absence of the spouse's consent to a divorce, there are no such papers. Unless the grounds for divorce can be confirmed.
Separate attention requires an application for divorce without the consent of the spouse. You must properly draw up a claim, otherwise you can not hope for success. What should be included in this document?
Firstly, information about yourself and about your spouse who disagrees with the divorce. Passport data will do, as well as just information that may affect the course of the case. This is especially true if you have minor children.
Secondly, the claim must indicate the presence / absence of children. Whether there is agreement regarding their residence, as well as upbringing, this should also be written in the application.
Thirdly, you must somehow justify your decision. This is especially true in cases where there is a spouse who disagrees with the divorce. Anything can be a motive. The main thing is not to lie. If you have evidence that can support your words, indicate them and bring them with you to court.
Fourth, at the very beginning of the statement of claim, it is required to indicate the judicial authority to which you are filing a claim. This is a prerequisite for making an appeal.
Fifth, it is desirable to register all the joint property you have. And if you have an agreement on its division, indicate what and to whom after the divorce will be relied upon. Do not forget to specify the presence of a marriage contract in the claim.
Once you have completed the application, you can apply to the court with the above list of documents. Then it remains only 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 the previously legalized relationship. And the absence of one of the spouses is not an obstacle to the process. Several times the meeting can be postponed and re-invite the party that disagrees with you to Divorce without the consent of one of the spouses is still possible. It will just take more time.
Approximately from the 3rd time, the divorce will take place without the participation of both spouses. You will be issued a court opinion, which will be useful later. Indeed, after the trial, the divorce is not considered fully completed. One more thing needs to be done.
Final stage
Without the consent of the spouse, this is a very laborious process. As soon as you have a court decision indicating the termination of a 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 any).
In addition, you will have to pay a state fee for issuing a certificate. At the moment, an additional 350 rubles will be required from you. submit to the registry office. In the same place, draw up an application for registration of a certificate of divorce. That's all. It remains only to wait until you receive 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 on your earnings, as well as housing.
Now it is clear how you can file a claim. Divorce without the consent of the spouse is a rather laborious process. As already mentioned, 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 in the claim.
The marriage union is concluded only on a voluntary basis of both newlyweds. But what if, during family life, one of them wants to terminate family relations?
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 the court.
In this case, it is important to know how to divorce your husband without his consent. And most importantly, it is necessary to follow the prescribed procedure for filing a divorce unilaterally.
The Family Code allows for unilateral divorce without the presence of the husband, but the main thing is to know all the nuances for filing a divorce. The first of them is the state body that will process the divorce.
There are 2 options for divorce:
- through the registry office;
- through the court.
In both cases, the absence of a husband is possible, but the registry office imposes stricter requirements for filing a divorce in this case.
It is important to understand that the registry offices can register acts of civil status 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 the fate of the child is decided during the dissolution of the marriage.
Government agencies are required to make sure that the rights of a minor citizen will not be infringed upon in the process of divorce.
Therefore, in the registry office, a marriage is dissolved if the following conditions are met:
- if both people agree to it;
- 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 get a divorce without a trial.. This can save you 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 at the specified time, then their marriage will be annulled.
Is it possible to get a divorce without the presence of a husband in the registry office? The law does not prohibit the authorities from refusing a couple only for the reason that both of them did not appear to submit an application.
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 can serve a criminal sentence.
And also various reasons are allowed. But registry office employees are required to make sure that the absent spouse really wants to file a divorce.
In addition, they must know that the application is signed by the citizen himself, or by his representative on a legal basis.
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 here:
- good reason, documented;
- transfer of their powers to a trustee to file a divorce;
- divorce avoidance.
Good reasons include all those circumstances that force him to be in another place. It can be illness, work, permanent place of residence.
Then the person must document them. He can fill out an application for divorce and notarize it. Such a document will be the basis for confirming the consent of the person.
Then the wife will have to fill out the second part of this application in the presence of the registry office, and the divorce will be issued.
In addition, each person can transfer partial powers to perform certain actions on his behalf to a trusted person.
In this case, a power of attorney is issued at the notary to sign the divorce application. Then the divorce will be made in the presence of this person and the second spouse.
If the husband simply evades presence, it will not work to get a divorce in the registry office. Therefore, if the question arises whether it is possible to get a divorce without the consent of the husband, then this is permissible, but only in court.
There are some other circumstances when a divorce can still be made without the presence and consent of the husband. These situations include:
- if the husband is declared incompetent by the court, and there is an appropriate decision about this;
- if the husband is recognized as 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. In such circumstances, it is not the joint application for divorce form that is filled out, but Form 9.
In it, the applicant prescribes 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.
All disputes in Russia are always resolved in the 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 judiciary also includes divorces in which minor children are involved, since the interests of the child must be taken into account when formalizing this procedure.
It is important to know in which instance you need to apply for a divorce. These questions are considered:
- justices of the peace;
- district or city courts.
Each of these instances has its own jurisdiction of cases. Justices of the peace hear claims in which:
- one of the spouses does not want to get a divorce, or avoids a divorce;
- when there is a property dispute, worth up to 50 thousand rubles.
All other cases are under the jurisdiction of city or district courts only. They consider, among other things:
- divorces involving minors from a common marriage;
- divorces with a property dispute of more than 50 thousand rubles.
As a general rule, the plaintiff must file an action in the court that is located in the place of residence of the defendant. But in exceptional cases, it is allowed to submit an application at your place of residence.
Such situations may include:
- the impossibility of attending a court session in another locality due to a small child;
- the impossibility of attending the trial due to the state of one's health or the health of close relatives.
There may be some other reasons as well. 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:
- This citizen was notified in the manner prescribed by law of the date and time of the meeting.
- This person did not provide any evidence of good reasons for missing the meeting.
In this case, the judge has the right to postpone the meeting several times, but usually on the third time he decides on a divorce.
The notification procedure is as follows:
- the person is sent a summons by letter at the place of his registration and residence;
- he can also receive an additional call from the office a few days before the meeting on a cell, work or home phone.
Consideration of cases during the transfer is usually scheduled with a difference of a month. Thus, within 3 months, the spouse without the consent of the husband will be able to file a divorce.
A copy of the decision will be sent to him by mail within 3 days.
Cases are considered more difficult and longer when the husband not only disagrees with the divorce, but also creates various disputes regarding the division of property or the place of residence of the child.
In this case, the case may be adjourned several times at the request of the parties in order to give them the opportunity to reach an amicable agreement or to find evidence to support their claims.
But if the defendant each time submits documents confirming the good reasons for his absence, the process will be postponed each time. This transfer procedure can occur an unlimited number of times.
Depending on the place where the application is sent, the procedure for compiling it will be different. When submitting it to the registry office, you must use the established standard forms to fill out the document.
At the same time, it is obligatory to fill in with the employees of the registry office. 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:
- It is necessary to indicate the office of the registry office to which this document is sent.
- Next, you need to write the name of the applicant.
- In the text itself, the name of the second spouse is prescribed, with whom it is necessary to divorce.
- Further, 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.
- A mandatory separate item indicates the grounds for divorce. Only 3 options are allowed here: the incapacity of the husband, his disappearance without a trace, and criminal punishment.
- Below it is indicated what surname the applicant wants to have after the divorce.
- Followed by date and signature.
In all other situations, a joint application for divorce on Form 10 is completed. The procedure for filling it out provides for the presence of both spouses.
As an exception, it is allowed to fill out the document remotely by one of them, but then it must have a notary's mark of certification.
After that, the document is sent by mail or in any other way to the first spouse. And he goes with him to fill out the second part in the presence of the registry office.
The procedure for completing form 10 will be as follows:
If a trustee is present during the divorce, then he fills in the data about his principal, and puts his signature. The original power of attorney is attached to the application.
Divorce is a paid procedure, so in 2020 each spouse must pay a fee of 650 rubles for it.
If, under certain circumstances, a divorce is carried out only at the request of one of them, then only the applicant pays the state duty and it will amount to 350 rubles.
The procedure for filing a claim also provides for the obligation of the plaintiff to pay a state fee. Its size is 600 rubles.
But after that, when the spouses apply to the registry office with a court decision to obtain a certificate that their marriage has been dissolved, they will be forced to pay 650 rubles each again.
The procedure for filing a claim will be as follows:
- You must indicate the name of the court to which this claim will be sent.
- Below you need to write the applicant's full name, details of his passport, registration address and telephone number.
- After that, similar information about the defendant is prescribed.
- You must also indicate the cost of the claim and the amount of the paid state duty.
- The name of the claim, its main essence.
- Next, you need to register the details of the marriage certificate, the date of entry and by whom the marriage was registered.
- The main circumstances are necessarily prescribed, according to which this divorce cannot be formalized in the registry office or in another judicial instance.
- The following are links to the legal acts that govern these legal relationships.
- After that, you need to list your requirements for the divorce itself and other requirements related to minor children or property.
- At the bottom of the list are all attachments to the claim.
- Date and signature of the applicant.
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 cost. The state duty also depends on this amount, since it is paid additionally for a property dispute.
In all cases, in addition to the main application, other documents are required. These include:
In some circumstances, some other papers may be required, especially when the dispute is being considered in court.
Here, certificates of income of each spouse, available property can be presented. This information is needed to determine the future place of 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 disputes will always be resolved in court.
Therefore, when it is not possible to agree peacefully, each spouse should know that the divorce will still be formalized 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.
Video: How to divorce a husband without his consent?
According to statistics, the number of divorces in Russia every year exceeds the number of marriage registrations by 5,000 cases. This happens for various reasons: the fading of feelings, harmful addictions, his or her infidelity, etc. But not every breakup of a family is accompanied by a mutual desire to divorce. Sometimes one of the spouses does not want a divorce, and the second puts up with such an outcome, because he does not know his rights and opportunities. However, there is a way out of any situation! You can divorce your husband or wife without their consent.
Is it possible to get a divorce if the husband or wife is against divorce
Most marriages are formal. And it just so happens that a person who does not go into the details of family law is sure that divorce is possible only with the consent of the second spouse. Because of this, many couples simply “break up”, without dissolving the marriage and waiting for the moment until the other side gives consent. But you can not force a person to be married against his will, so you can achieve a divorce! Only the method of dissolution of marriage depends on consent.
Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.
Article 22 of the Family Code of the Russian Federation
The duration of a divorce in such cases and its complexity depend on many different nuances:
- the presence of children;
- obstruction of the process;
- the possibility of reconciliation;
- territorial location of the spouses.
Is it possible to dissolve a marriage through the registry office if the spouse does not agree
You can get a divorce through the registry office if:
- spouses do not mind;
- no common children under 18;
- Both spouses are capable.
If the spouse is alive, law-abiding and of sound mind, but does not want to get a divorce, then you cannot get a divorce through the registry office.
Alsou Urazaeva
Divorce through the court without the consent of one of the spouses
In case of divorce through the court, the consent of the second half is not necessary. This procedure is always possible, except in the following cases:
- if the plaintiff is a husband and the wife is pregnant;
- if there is a child under 1 year old;
- if the child was born dead, but a year has not yet passed since his birth.
Important: in case of pregnancy or having a child (under 1 year old), the court will not take into account the fact that the husband is not the biological father.
How to start divorce proceedings
The suit for divorce can be referred to the court at the place of residence of the second half. Only sometimes at the address of the applicant:
- if a minor child lives with the plaintiff;
- if there is a certificate of the impossibility of leaving due to health reasons.
Example: a wife filed for divorce, but her six-year-old son lives with her. In this case, she can apply to the court in her place of residence. Or the applicant is a husband, but he has a broken leg (there must be a doctor's report), then he can take the application to his place of residence.
Dmitry Melnikov
If the address of the defendant is unknown, then you can apply to the court at the last address where he lived.
Video: how a divorce works in court
When they can divorce in the magistrate's court
If there are no disputes about alimony and property, a divorce suit is filed with a justice of the peace, who can:
- satisfy the claim;
- adjourn the hearing for 1 month;
- refuse satisfaction.
The court cannot change the jurisdiction at the request of the husband (wife). An application containing alimony requirements or a division of property must be applied to the district court.
What documents are needed to file a claim
In order not to waste time, you need to prepare in advance:
- statement of claim (2 copies);
- claimant's passport;
- marriage registration certificate;
- a receipt confirming the fact of payment of the state duty (650 rubles);
- birth certificates of common minor children (copies certified by a notary may be used);
- a certificate of family composition (if the children live with you);
- marriage contract (if any);
- certificates of income of both parties (if the issue of alimony is considered);
- documents on the property of the plaintiff (if the issue of division of property is considered).
If there are no children and joint property, the judge pays special attention to the completeness and reliability of the attached documents. The court may not accept the claim for consideration if there are serious violations in it. Yes, it must contain:
- the name of the judicial authority;
- information about the plaintiff and the defendant (passport data, actual address and registration, contact numbers, etc.);
- the reason for the divorce;
- list of applications;
- date and signature.
Features of divorce, when one of the spouses does not agree to it
Each divorce has its own subtleties, on which the further course of events and the duration of the procedure depend. Often everything is decided by the chosen course of action.
Example: the initiator of the divorce and the division of property was the wife, and the husband was against it. In the application, she wrote the reason “We didn’t get along” and “forgot” to attach some documents. The defendant has read the copy of the claim and other documents. After that, he filed a counterclaim indicating the reasons “Alcoholism of the spouse and violation of the terms of the marriage contract”, and also attached the necessary medical certificates and documents on the property that belonged to him before marriage. The result was the satisfaction of the counterclaim. The division of property did not bring the plaintiff anything.
Ksenia Artyushkina, lawyer
Usually applications for divorce and division of property are filed simultaneously or both requirements are contained in one application. But if property issues concern someone else (third parties), the court may decide to consider a specific case in a separate manner. For example, the court divorces the spouses, and considers the issue of division of property at other times.
Duration of divorce
The duration of divorce proceedings depends on jurisdiction. If the claim is filed in the Magistrate's Court, then the first hearing date is set (after 30 days). Spouses receive subpoenas in the mail. If both agree, then in a month a court decision on divorce will be sent to the registry office.
If one is still against the divorce and believes that reconciliation is possible, the judge sets a time limit for reconciliation (up to 3 months). If during this time the couple does not reconcile, she will be issued a divorce. But the dissenting party can buy some more time if it has time to appeal the decision within 30 days.
In district courts, the situation is a little different, a hearing can be scheduled after 2 months from the date of filing the claim.
In cases where both did not come to the meeting, the marriage is considered saved and the case is closed. If only one does not appear, the court will consider the case without him or set a new date. But if the defendant does not come three times, then the decision on divorce will be made automatically.
Divorce procedure with children
When there are small children in the family, the divorce procedure becomes somewhat more complicated. Firstly, more documents are needed than under normal circumstances.
Package of documents for a child:
- birth certificate,
- residence confirmation,
- certificate from school, etc.
Secondly, the court will take into account the interests of the child. If the parents have not agreed on the children amicably and have not recorded the agreement with a notary, then the question of their future upbringing will be considered in court.
Most often, the court takes the side of the mother and the children stay with her after the divorce.
Alsou Urazaeva
It is important to know that the issue concerning the future of children, the court can separate into another proceeding and consider it separately from divorce. The further future of children is also determined by the court. When making a decision, many factors are taken into account:
- material security of the parties;
- personal (moral) qualities of parents;
- attachment of the child to one of the parents (relatives);
- conditions offered to the child in the future;
- the type of activity of the parents (work schedule, etc.).
Many people think that material well-being will play a decisive role, but this is not so.
Example: during a divorce, an 11-year-old child remains, the father demands that the son stay with him, because he has more money, a better apartment, an expensive car, a well-paid job, etc. The court took into account the child’s desire to stay with his mother and grandmother, the presence they have a private house (the best environment), which is located near the school. And also the mother of the child provided medical evidence that the ex-husband abuses alcohol. The child stayed with the mother.
Oleg Babkin
The court decision is made on the basis of a combination of factors that should provide the child with normal upbringing and conditions for development, since the interests of children in such cases are a priority.
Video: how to divorce spouses if he (she) does not give consent
So, it is impossible to get a divorce through the registry office without the consent of the other party. If one of you is not eager to divorce, the application must be carried to the court. He will dissolve the marriage, because one cannot force a person to be a husband or wife against their will. If there are small children in the family, then the court will also determine their future. In any case, they will try to set a deadline for reconciliation. Do not neglect it, this is additional time when you can reconsider your decisions again.
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The answer to the question of how to divorce a husband without his consent arises when relations between spouses deteriorate.
Divorces in our country are not uncommon, so this question arises quite often.
In this article, we will tell you how to get a divorce if your husband disagrees, what documents to collect and where to go.
Is it possible to get a divorce without the consent of the husband
Without the participation of a man, marriage bonds can be broken.
There are two ways to obtain a divorce certificate: contact the specialists of the registry office or the judicial authorities.
The dissolution of the marriage union occurs faster in the registration authorities, since the court often gives a period for establishing relations between the parties.
Through the registry office
You can apply for a divorce to the registry office specialists if there are official documents stating that the spouse is in prison or cannot be accountable for his actions.
A wife can be released from marital obligations when there is a certificate stating that the location of the spouse is unknown.
Consent of the second half will not be asked.
6 important nuances about divorce in the registration department:
- The amount of payment for consideration of the application in the registry office is six hundred and fifty rubles.
- The time period for termination of relations through the registration department is one month.
- To apply, you can use the gosuslugi.ru website. You can submit documents to the registration department at the place of residence or at the place of marriage.
- The ninth form application is completed when it is submitted by one spouse. In the application, you need to write down the details of the main documents, as well as the grounds for breaking off the relationship.
- Specialists of the registration department approve the date for the official termination of the marriage union on the day the documents are received.
- If circumstances have changed and the woman has changed her mind about getting a divorce, within one month from the date of receipt of the documents, it is allowed to withdraw the application.
Through the court
You can get a divorce in the magistrate's court when there are no disagreements about children and property.
If the husband and wife cannot divide the child or property, the documents are submitted to the justice of the peace.
For the correct execution of the application, you must indicate the names of the parties, the reasons for parting, explain your claims.
It is important to know: without the consent of one spouse, the judge gives a time limit for reconciliation. This is the time during which the parties can reconcile and decide to keep the family hearth.
If you need to get freedom in the near future, we recommend that you clarify that the resumption of the joint life of the parties is not possible.
The maximum time period for establishing relations is established by article 22 of the Family Code. Three months is the maximum time for establishing relations between husband and wife.
If the man objects to the separation, the judge has the right to postpone the hearing several times.
At the same time, the appointment of a three-month period for establishing relations is in accordance with the law.
The judge gives the man and woman time to build a relationship. Therefore, if you need to get freedom in the shortest possible time, it makes sense to get the consent of the man to officially end the marriage. A weighty argument for speeding up a divorce is the separation of a woman and a man.
Expert advice: indicate in the application that you do not live in the same apartment with your husband, so that the judge does not give a period to save the family.
You can break the marriage union without the consent of the man. The application will be accepted by the registry office if there is evidence that the spouse does not give a report on his actions or his location is unknown.
Litigation takes longer. If there is no chance of getting the husband's consent to parting, justify why living together is not possible.
Watch the video in which the specialist explains how you can divorce your husband without his consent:
