Increasingly, people are wondering if divorce is possible without the consent of one of their spouses. Often it turns out that one person wants to break the relationship, and the other against it. Is it really necessary in this situation to seek the consent of one who advocates the preservation of legalized 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 preparation for this process can lead to the impossibility of divorce.
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 turning to modern legislation. In Russia, there are special rules that are prescribed by law. They relate to the relationship between husband and wife.
So, a 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 a legal relationship. These standards are spelled out in article 22 of the Family Code. True, much depends on the consent of the spouse to divorce. For example, in what organs the described process will take place.
Where to go
The thing is that 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 a couple and husband and wife agree to break up, you can do it in the registry office. And how to act in the absence of an agreement?
In this case, only a divorce through the court threatens. Without the consent of the spouse, you can not 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 need to contact the judiciary. Either you go to a magistrate’s court or to a district court (it’s customary to file a lawsuit at the defendant’s place of residence). It all depends on your overall situation.
World judge
Is it possible to get a divorce without the consent of the spouse? Yes, a number of cases are foreseen in Russia when this process takes place. Of course, if there was agreement, then divorce was easier. But not always paired both are ready to break off relations.
The justice of the peace on this issue is best addressed in certain situations:
- or when you have no 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, you can come to a magistrate’s court with a lawsuit for divorce and only in the absence of significant joint property. If this rule is not respected, you will have to file a lawsuit with another authority.
District Court
How to get a divorce without the consent of a spouse if going to a 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, the district courts are considering claims for the severance of formal relations when a couple has a joint property of significant value. Divorce without the consent of the spouse (without children) also occurs in these authorities.
Now that you know exactly where to go, it is better to consider the divorce proceedings. If you prepare correctly 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 immediately processed. Citizens are given time for reconciliation. This is a mandatory part of the divorce proceedings. Therefore, if you intend to break off relations, be prepared for the fact that for some time you will "put up with" your spouse.
As practice shows, by the time of going to court or registry office, citizens no longer live together. Therefore, all that remains for you is to wait for the expiration of the period of reconciliation. Usually, only 30 days are given to consider a decision, a month. If you are determined, after this period you will definitely be divorced. It doesn’t matter in the registry office or in court. The main thing is that you will achieve your goal.
Just keep in mind: if you decide to make peace and maintain a relationship, you will have to take the lawsuit. You must keep within the allotted month. Or do it directly at the hearing.
Men women
A divorce without the consent of one of the spouses is always executed, with rare exceptions, breaking the relationship will not work. In Russia, a lot depends on who is suing the court.
The fact is that men have less rights in terms of divorce. So, husbands cannot divorce on their own initiative with their wife, who is in position. This prohibition applies even after the birth of the baby. Men will not be given a divorce until the baby is 1 year old.
In this case, even during pregnancy and a newborn child, you can still make a break in relations. How? To do this, a woman must file a lawsuit. In this case, a divorce without the consent of the husband will occur in court, but it will certainly take place. Women during pregnancy and in the first year of life of the baby are given more opportunities in relation to the task set in this article.
Duty
How to make 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 state duties. Without this payment, you will not accept a lawsuit for divorce. Therefore, before visiting the court, try to pay off the state.
How much will you have to pay for a divorce unilaterally? At the moment, you will have to pay 600 rubles for a lawsuit on divorce proceedings. 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 is charged only from one spouse - from the initiator of the divorce. Once the state fee in the court of your choice is paid, you can file an application for consideration. Only pre-assemble a specific list of documents.
Documents
So, what do you need to bring with you to the judiciary so that you can get a divorce suit? The list is not too big. By the way, copies must be attached to the originals. There is no need to certify anything. In order for you to judicially divorce, show:
- lawsuit;
- Marriage certificate;
- documents confirming the birth of children;
- receipts of payment of state duty for filing a statement of claim;
- claimant's passport.
On this the main list ends. Additionally, you can attach the documents-grounds for divorce, agreements on the payment of alimony and accommodation for children, as well as on the division of property acquired over the entire time. However, usually, in the absence of a spouse's consent to a divorce, there are no such papers. Unless the grounds for divorce can be confirmed.
Content of the claim
Separate attention requires an application for divorce without the consent of the spouse. You must correctly file a lawsuit, otherwise you can not hope for success. What should be indicated in this document?
Firstly, information about yourself and your spouse who disagrees with the divorce. Passport data, as well as just information that can affect the course of business, will do. This is especially true when you have minor children.
Secondly, the suit must indicate the presence / absence of children. Is there any agreement regarding their residence, as well as their upbringing, this should also be written in the statement.
Thirdly, you must somehow justify your decision. This is especially true when there is a spouse who disagrees with the divorce. Anything can serve as a motive. The main thing is not to lie. If you have evidence that can confirm your words, list them and bring them with you to court.
Fourthly, at the very beginning of the statement of claim, it is required to indicate the judicial authority in which you file a lawsuit. This is a prerequisite for applying.
Fifthly, it is advisable to register all the joint property that you have. And if you have an agreement on its section, indicate what and to whom it will be relied upon after the divorce. Do not forget to specify the existence of a prenuptial agreement in a lawsuit.
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, a meeting requires the presence of both spouses. If the dissenting citizen decides to evade this process, do not be upset!
Meeting evasion
Why? Because you have every right to terminate previously legalized relations. And the absence of one of the spouses is not a hindrance to the process. Several times, the meeting can be rescheduled and re-invited to the side that disagrees with you to the trial. Divorce without the consent of one of the spouses is still possible. Only it will be spent more time.
From about the 3rd time, a divorce will take place without the participation of both spouses. You will be given a judicial opinion, which will come in handy later. After all, after the trial, the divorce is not considered to be fully completed. Something else needs to be done.
Final stage
Making a divorce without the consent of a spouse is a very time-consuming process. As soon as you have a court decision, indicating the termination of previously legalized relations, you can proceed to the last step. This is a visit to the registry office. After all, you need to get a divorce certificate.
You must come to the registry office at your place of residence. Take with you:
- passport;
- the court's decision;
- certificate of marriage;
- birth certificates of children (if any).
Additionally, you will have to pay the state fee for issuing the certificate. At the moment, they will additionally require 350 rubles from you. Present the receipt of payment to the registry office. In the same place, make a statement to issue a certificate of divorce. That's all. It remains only to wait until you are given the appropriate document. In fact, judicial divorce is not as simple as it seems. Especially if you have children. In this case, you must present documents about your earnings, as well as housing.
Now it’s clear how to file a claim. Divorce without the consent of a spouse is a rather laborious process. For him, as already mentioned, it is necessary to prepare in advance. If you have any witnesses who can influence the course of the case, invite them to the meeting and indicate in the lawsuit.