Divorce through the court without the presence of a spouse is a practice that is becoming more and more common. In fact, there is nothing difficult in this process. It is enough to know about some features, as well as the current legislation in Russia. What do spouses need if they want to get a divorce? And when the chance is given to complete the operation without the participation of one of the parties? About all this further. In reality, everything is not as difficult as it seems.
Is there any chance
To begin with, it’s worthwhile to figure out how real a similar turn is in practice. Indeed, it often happens that according to the law there is a chance, but in reality it is impossible to bring it to life.
In fact, divorce through a court without the presence of a spouse is normal. Perhaps the chances of translating this idea into reality are 100%. Indeed, in practice, they bred not only with the consent of both parties, but also unilaterally. It is enough to know about cases in which the presence of a husband or wife is not necessary in a court or registry office. So what are the scenarios? What do you need to pay attention to first?
Through the registry office
The first step is to learn how to get along without a trial. Indeed, in some situations, citizens are divorced through the registry office unilaterally. Such a chance only takes place in certain circumstances.
Among the most common cases, there are:
- One of the spouses is in custody or is in prison. Then the divorce occurs through the registry office at the request of the second half of the prisoner.
- If there is a judicial opinion. The court decision is the basis for the issuance of a certificate of divorce unilaterally.
- The death of a spouse. This is the basis for obtaining the relevant document confirming the divorce. Moreover, it is issued after the provision of a death certificate.
- Finding one of the parties in a psychiatric hospital or recognition of incapacity for a citizen. Usually in such cases there is also a judicial opinion.
But much more interesting is divorce through the court without the presence of a spouse. Documents that need to be provided in a particular case, as a rule, change. But about them later. First you need to understand when the process takes shape when there is only one side.
Repeated appeal
Quite often it happens that the couple did not agree on the characters. And one of the spouses wants to file a divorce. First, the simplest situation will be considered - the absence of children and common property (or property disputes). If someone does not agree with the divorce, then you can contact the district court with the appropriate statement. And unilaterally.
Accordingly, a divorce case will be considered for some time. Judicial authorities will set a date for the hearing. Both parties will be invited to it. Nevertheless, some citizens who strongly disagree with the divorce prefer to ignore the meetings.
Divorce through the court without the presence of a spouse (without children and other encumbrances) is possible in this situation. Several times the meeting will be rescheduled. But if a person stubbornly avoids attendance, then the process will end in a forced manner. Under the law, they cannot prohibit divorce. So, after several unsuccessful invitations, the couple will still be divorced. As practice shows, most often after 3 transferences of consideration, people are bred, even if there is no one of the parties. In particular the defendant. The applicant or his representative must be present in any case. An exception is the presence of valid reasons. But in practice this is extremely rare.
Representation
What's next? A rather interesting case is a divorce in the presence of a legal representative. Then you can not wait for a spouse. And this is quite normal. A person who cannot be present in person at the hearing appoints a representative representative. The corresponding document is executed by a notary. And then the defendant in the divorce proceedings may be the one appointed by the second spouse.
Normal practice in modern Russia. In any case, it is in this situation that a divorce through the court rather quickly takes place without the presence of a spouse. The main thing is the presence of a legal representative.
Another country
What else is offered in Russia? Divorce through court without the presence of a spouse (with or without children - this is not so important) is possible if the husband and wife live in different countries. This is a normal, albeit relatively rare, practice. Nevertheless, quite often in this situation, a legal representative by proxy is often appointed.
Of course, a citizen's residence on the territory of another state (or in a remote place) will have to be documented. This process does not always go smoothly. And this fact must be taken into account.
Without a trace
Divorce through a court without the presence of a spouse takes place in slightly unusual circumstances. For example, if the other party is hiding or found missing. Then, with all desire, it will not work to find the defendant. But at the same time, no one is able to impose a ban on divorce on the plaintiff.
For missing persons, the presence of property and minor children is not important. After all, you can bring your idea to life quite quickly and unhindered. It is enough to provide a certain list of documents. Only after this the divorce process will take place. The main thing is that the applicant himself came to the meeting. Or acted through a representative.
Physical impossibility
But the following situation is quite rare in practice. When does a divorce take place in court without the presence of a spouse? The application is submitted by one of the parties. And it is imperative that the applicant attend the meeting. This has already been said. But the defendant has every right not to come. And the reason for this is sometimes the physical impossibility of movement. For example, due to illness.
In such a case, a legal representative is usually appointed. And he will by proxy replace the defendant. Or, as already mentioned, the meeting will be postponed. Nevertheless, the immediate appearance of a party disagreeing with the divorce is not required. And every citizen should know about this. Anyway, sooner or later a couple will be divorced.
Where to go
Now it’s clear when a divorce through court is possible without the presence of a spouse. The deadlines and place for filing a lawsuit are just a few of the topics that citizens should be aware of. It is worth considering that a lawsuit significantly extends the process of divorce. Therefore, if the marriage does not have any burdens, it is best to agree and get a divorce.
If this is not possible, then much depends on the situation as a whole. You can appeal to the district court. He reviews cases:
- in the absence of children and property;
- there are no children, but there is jointly acquired, worth not more than 50 thousand in total.
The rest is proposed to appeal to a magistrate's court. This body is usually contacted if there are minor children, and serious property disputes also take place .
Divorce Dates
And how quickly can they get a divorce if there is no other party at the meeting? The exact answer to this question is very problematic. After all, as practice shows, the process is individual.
When it comes to couples and relationships without burdens, the process of divorce will continue for at least 4 months. This is subject to the availability of a legal representative. 1 month from this period is allotted for the collection of documents for filing a claim and for consideration of a case by a court. And 3 have a place for reconciliation of the parties. Sometimes this is possible.
If a person is simply hiding, then the divorce process lasts an average of 6 months. Sometimes longer. After all, first the second side will be repeatedly called for to participate in the meeting. And only after a few failures, the relationship is terminated unilaterally.
In the presence of minor children, as a rule, the process is also delayed for a long time. The estimated period that is given in the absence of legal representatives of the defendant and one of the spouses is also six months. Therefore, you will have to be patient.
This is how a divorce is filed through a court without the presence of a spouse. Urgent without the presence of one of the parties can also be bred. But this is only possible in cases where the spouse who disagrees with the divorce carries a danger to the plaintiff, as well as minor children. Not such a rare situation in Russia. The danger will have to be documented. For example, certificates of the ever beatings. Or through a medical report on the health status of the defendant.
Documents
Now it’s clear how a divorce is filed through a court without the presence of a spouse. What documents may be required to translate ideas into reality? Much depends on the situation, this has already been said. But in general, the list of everything necessary is known to many.
It includes:
- a divorce suit with a detailed description of the situation;
- applicant's identity card;
- Marriage certificate;
- evidence of the grounds for a divorce (not necessary, this can be quicker than a certificate of recognition as missing or medical reports);
- birth certificates of children (if any);
- extracts and papers indicating existing property acquired in marriage;
- consent to a divorce certified by a notary (if the decision is mutual, it is not necessary).
No more special documents will be required. It is advisable to worry about the presence of any evidence indicated in the statement of claim. For example, testimony. If the spouse lives in another country, this must be reported. And, of course, provide relevant information.
After the trial
Now it’s clear how to get a divorce through the court without the presence of a spouse. The application of the established form was submitted together with all the previously listed papers, the decision of the judicial authorities was received. And then what?
Next, you will need to get a divorce certificate from the registry office. This is easy to do. Need to bring with you:
- application (filled in place);
- identity card (passport);
- birth certificates of all common children (if any);
- court decision.
In just a few days (sometimes the process takes a month), you can get a copy of the divorce document . There is nothing special in this process. It’s enough to properly prepare for a divorce!