Marriage does not always stand the test of time - sometimes it happens that a family ship crashes about the complexity of life. At the same time, recently, close people part and decide to live separately. Many couples are familiar with the situation when the couple parting in different directions, sometimes hundreds or thousands of kilometers away. What should they do with the formation of a break in relations in this case? And is it possible to get a divorce in another city, and not in the place where this marriage was registered? Such couples have the opportunity to get a divorce. However, the procedure has a lot of specific features, knowing which, you can save your time and save your nerves. Consider options for getting a divorce in another city.
Divorce couples: husband and wife live in different locations
If the spouses have made a serious decision to break up the marriage, there are only two ways in which they need to move - either through the registry office or by going to court. This procedure is standard, not causing any special difficulties, especially when the spouses do not have claims to each other regarding the division of property. But sometimes difficulties arise when applying for divorce if one of the spouses actually lives outside the place of registration. Here the question arises: what needs to be done to be able to get a divorce in another city without registration?
Usually this need arises due to the fact that one of the spouses or even both live for a long time at the place of registration. By law, when opening a divorce procedure, a personal application is filed with the registry office or court. The fact that they are not at the place of their registration does not deprive spouses of the right to receive a divorce. Those who find themselves in a similar situation and puzzle over whether it is possible to get a divorce in another city, you need to know that if there are certain objective reasons, this is quite real. Mismatch of the address of the current residence and where the relationship was registered will not become an obstacle to resolving the issue of divorce.
Important Nuances
But there are some nuances that divorcing spouses should know about:
- when the spouses live in the same city, but at different addresses, they must submit an application together to the local registry office on a common basis;
- when one of the spouses actually lives in another city and does not have the opportunity to arrive for personal filing of an application for an objective reason, in order to file a divorce through the registry office, you need to write a statement yourself and notarize the signature, and then transfer it to the second spouse for presentation at the place official registration;
- upon receipt of a divorce through a judicial authority, the place of registration does not matter; a lawsuit may be filed by one of the spouses at the address of the last known place of residence of the other.
If you are in doubt whether it is possible to get a divorce while in another city, then you should know the information below. According to the rules, the submission of documents to the court for termination of the plaintiff’s marriage relationship at the place of residence is allowed if a minor child is constantly living with him or if there are good medical contraindications for traveling to another locality. In addition, a representative of a party who may not be in person at the hearing may be present at the trial. To do this, it is necessary to give the representative a notarized power of attorney or write a petition to consider the case without the plaintiff. These legislative norms allow you to draw up all the necessary documents without any problems and divorce your wife in another city if you live in the wrong place where the relationship was registered.
Features of divorce proceedings
In Russia, all divorce proceedings are divided into two types:
- by mutual agreement of the parties and carried out by contacting the registrar;
- if there is a disagreement through a court decision.
However, how to get a divorce if only one or both spouses is registered in another city? Here are some distinguishing features, given which, the state may decide to terminate family relations.
Registration of divorce through the registry office
In the event that the spouses have a common motivation to break off family relations and they do not have common children, as well as mutual claims in the division of property, then the divorce is carried out by the registry office upon their joint application. You can file it with the authority at the place of registration of one of the couple divorcing. If at the same time the other spouse lives at a different address or in a completely different city, then this will not become an obstacle. How to get a divorce in another city? If the spouses do not have the opportunity to appear in the registry office at the same time, they can apply alternately. Only, of course, there must be an important reason for this.
For such a case, when the second spouse is in another city, having no opportunity to come to submit a joint application, he can send his application with a personal signature certified by a notary to submit it to the registry office at the place of registration of the wife (husband). The issue is considered within a month, and after that the ex-spouses receive certificates of divorce and become free from marriage. At the end of divorce procedures - change of surname, affixing a stamp on divorce in passports - within one month, both members of the former family must contact the FMS at the place of residence.
But how to get a divorce in another city without registration? For such a case, judicial practice gives the right to file a lawsuit for divorce at the defendant's place of actual residence.
Divorce Procedure
If the divorcing parties have mutual complaints and if they dispersed to different cities, such issues can only be resolved in court. Courts have groundwork on how to get a divorce if you are in another city. And even in this case, there are several possibilities. After all, the court makes an exception for those who divorce if there are good reasons in such cases:
- when the defendant is in another city, and the plaintiff has no opportunity to come there - it is possible to file such a claim at the applicant’s place of residence;
- when the defendant lives without registration and the address of his residence is unknown - the summons for him is sent to the address of the last known residence;
- when the defendant lives in another city, and minor or incompetent children who are dependent on him live with the plaintiff, the lawsuit is filed at the plaintiff.
If there is no registration
In all cases when a divorce occurs, the filing of a claim must be made at the place of residence of one of the married couple. In the case when both are not registered, getting a divorce will not work. In order to still be able to, it is necessary to obtain at least a temporary registration for the official divorce. At the same time, the judicial authority considers the issue of divorce at the place of residence of one of the spouses, having their mutual consent. If no consensus is reached, such a case should be considered by a justice of the peace, and the proceedings fall under the category of first instance courts. In other cases, the issue of divorce is decided by the district courts. Sometimes it is impossible for the divorcing parties to gather in one of the cities. In this case, you can try to get a divorce remotely.
Is it possible to get a divorce remotely in another city and how to do it
A divorce certificate is a legal confirmation of the termination of all family and property relations between former spouses. And in order to be able to start a new life, one should bring his new status into line with the law. But in practice it happens that, having parted, the spouses disperse in different directions. Then they begin to build new relationships with other people. And when these relations need to be legalized, the question arises whether it is possible to divorce in another city. By this moment, the life of both spouses is arranged in a new place, and they can not always gather in one place at the same time to file a joint application for the termination of marriage. What to do in such a situation? Some legal advice gives tips on how to get a divorce remotely in another city. According to their qualified opinion, an application for divorce can be submitted via the Internet.
However, for this you need to have registration on the unified portal of State Services, otherwise, being in guest mode, you can only view information on the site, without the right to order services. You need to go to court in compliance with applicable law and be sure to pay the state fee. A request must be attached to the application and documents so that the case will be considered without you. In this case, the divorce application must indicate the presence of children and with whom they live. It should be noted that using the online mode you can divorce only in the simplest cases, when there is mutual agreement and there are no mutual property claims.
When you can not remotely carry out the procedure
Remotely receive a divorce will not work in cases if:
- the family has at least one minor child;
- one side refuses to divorce;
- one of the spouses is legally incompetent;
- there are property disputes.
In such cases, you will have to apply to the court in person and attend meetings or entrust this to your representative by notarized power of attorney.
Considering that the registry office may refuse to accept documents for a divorce online, it would be better to check at least by phone if you have a chance to get a divorce in this way. If mutual understanding is achieved, register on the official website and submit your application.
Obtaining a certificate
However, this is not enough to gain freedom. After all, you need a certificate of divorce, which, incidentally, can also be obtained remotely. If the marriage has ended in another locality, then the local registry office of the city where you are staying can affix a stamp of divorce to the passport, as well as issue the original certificate. To do this, you need to make a request at the state portal in the form in which to indicate the place of residence. The registry office at the place of registration will send your divorce certificate. When the applicant submits the necessary package of documents and pays the state fee, he will be given the original divorce document. Then put down a special stamp. You can apply through the local registry office, attaching to it an identity card, court decision, receipt of payment of state duty.
Documents required for divorce in another city
Having figured out whether it is possible to get a divorce in another city, you need to specify what documents will be needed during a divorce.
If your situation allows a divorce through the registry office, then you will need this package of documents:
- statement;
- passport;
- notarial consent of the other spouse to divorce;
- Marriage certificate;
- state duty receipt.
Documents for the trial
If the family situation is more complicated and requires a trial, then the package of papers will be more extensive:
- statement of claim;
- claimant's passport;
- Marriage certificate;
- consent to divorce of another spouse, notarized;
- confirmation of payment of state duty;
- a certificate from the passport office located at the place of residence of the applicant and children common with the defendant;
- documents for disputed property - if a judicial section is required;
- birth certificates of all common children, for those who have a passport, it is presented;
- income statement - if we are talking about child support.
Stages of getting a divorce
If you are determined to end the marriage, then you have to go through the following stages:
- filing an application with the district registry office or the court of residence;
- submission of a full package of documents required to resolve the divorce;
- submitting them personally to the appropriate instance for your situation;
- obtaining from another spouse consent to a divorce, notarized;
- providing evidence that it is impossible to divorce in another locality.
Conclusion
In this article, we tried to provide useful information for those who are not able to personally file for divorce in the registry office or the judiciary. Guided by the knowledge gained, you will be able to more quickly resolve the issues of termination of official marriage and find documentary evidence of your freedom.