Unfortunately, not every couple who has married, agrees to live happily ever after. Often, after the lapse of 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 even more complicated if only one party requires parting without the consent of the other. In this case, the question arises of how to file for a divorce unilaterally. The law provides for this method of divorce, however, there are a lot of nuances on which the method of obtaining freedom from family ties, as well as its time frame, depends.
Ways to divorce
By law, there are two main ways to get a divorce, which depend on the consent of the spouses on this issue.
If the decision is mutual, it’s enough to come to the registry office together, submit an application, pay the fee, wait for the due period (1 month) and get the long-awaited freedom.
Another way, with the help of the court, is more difficult both in terms of the complexity of the procedure and in terms of the feelings experienced. It exists for couples who cannot agree on a divorce. The main stumbling blocks are having children and sharing property. If you are interested in how to file for a divorce unilaterally, then, most likely, it will be the help of the court that you will need. However, in this case, Russian law provides for exceptional circumstances, in the presence of which you have the opportunity to terminate the marriage without the presence and consent of the other party, as well as without the need to go to court.
Ways to divorce without the consent of the other party
If the spouses unanimously decided to get a divorce, then they do not need to apply to extra instances. A visit to the registry office is all they need.
More difficult is the situation when only one side wants a divorce. In such a situation, you need to file
for a divorce unilaterally. Today this can be done in several ways:
- write a statement to the registry office;
- make an appeal to the judiciary;
- send an application to the appropriate authorities via the Internet;
- send documents by mail.
Thanks to this choice of methods of filing for a divorce, anyone can choose the most preferable for themselves.
When you cannot get a divorce without the consent of the other party
Those who are interested in how to file for a 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 in the presence of a common child who is under the age of one;
- if the request for 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 has passed since the moment of this event.
Only these three factors make the process of dissolution of the marriage union in the absence of the consent of the other party impossible. However, they are temporary in nature, respectively, do not apply to absolute prohibitions. It is also worth taking into account that these restrictions apply only to men, a woman can divorce 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 divorce proceedings depends on the fact of having children. How to file for a divorce unilaterally, if there are children and in their absence - these are procedures that are absolutely different in complexity.
When there is no common child, the divorce process takes place in the registry office. This option is a simplified dissolution scheme. However, the presence of both spouses is optional.
When a child who has not reached the age of majority grows up in a family, you can get a divorce only through a court.
Divorce through registry office
If the decision to divorce is not mutual, the registry office conducts the procedure only in exceptional cases:
- in the event that the other party is declared legally incompetent;
- considered missing;
- serving a sentence of more than 3 years in prison.
If any of these reasons is present, the marriage will be terminated even if a child under the age of 18 grows up in the family.
So, how to file for a divorce unilaterally through the registry office? You will need to provide:
- certificate of marriage (copy and original);
- receipt of payment of state duty;
- application for termination of marriage;
- a medical certificate recognizing the spouse as legally incompetent (if any);
- court order that the party was found missing (if any);
- court order that a party is serving a sentence in prison with an indication of the term (if any).
The civil registry office also divorces due to death or the court recognizes the spouse as dead without ascertaining the reasons. For this, it is necessary to attach a document attesting to this fact to the listed list.
Prosecution for divorce
You should know how to file for a divorce unilaterally through a court if the couple:
- children under the age of majority grow up;
- one of the parties refuses to terminate the marriage;
- one of the spouses applies to the judicial authorities for a divorce without notifying the other.
Consideration of the application begins after filing a lawsuit. In this case, the reason indicated in it does not matter. According to the law, the basis is the very fact of a citizen's desire to divorce. Also, this method is the only way to file for a divorce unilaterally if there are children. In this case, in addition to the above documents, you must attach:
- birth certificates of each child;
- certificate of income of the spouses.
What is auto-divorce?
It often happens that one of the parties does not appear in court for divorce, despite notifications. In this case, the spouses are automatically divorced. This means that if the court fails to appear 3 times, the court decides to terminate the marriage without the presence of one of the parties.
This decision is subject to appeal if it is proved that the failure to appear was justifiable.
Internet scam
One of the most painless and convenient ways to divorce is the Internet. In this case, you can avoid meeting an 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 a 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 for this method, it is necessary to have a court order.
So, how to file for a divorce unilaterally via the Internet?
The procedure should begin with registration on the official website of the State Service, by entering in the appropriate field your passport data and SNILS.
After confirmation of registration, select your region of residence and go to the section of the Office for Civil Registry Office. It should be borne in mind that notification of registration is possible only by regular letter by 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 pay the state fee.
Mail Divorce
Those who cannot personally provide the necessary documents for the divorce process will find it useful to know how to file for a divorce unilaterally by mail. This is true for spouses registered in different cities, when one side 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. The necessary documents should be sent to the magistrate's court at the place of registration of the defendant. Typically required:
- application for divorce;
- certificate of registration of your marriage;
- receipt confirming that you paid the state fee.
In some cases, additional documents may be required, which you will be informed about.
After your application has been accepted for consideration, it is necessary to send a notarized application in the same way. In it, you must express your desire to conduct the procedure without your presence.
When the trial is completed, you will receive a copy of the court decision, with which you must appear at the registry office after the deadline for appeal has expired. There you will be stamped in the passport on the dissolution of marriage.
Unilateral divorce timelines
The law provides for regulated periods during which the divorce process is completed. REGISTRY OFFICE provides 1 month for reconciliation. This period also includes the day of filing the application.
If the marriage is dissolved by court, the spouses are given an average of 3 months to review their decision and reconciliation. This period includes the date of filing the application, as well as the hearing, which is held by the judge. If there are no significant disputes, the process usually ends by this time. However, if one of the parties creates obstacles to the closure of the case, and there are also disputes regarding common property, the time for consideration may be extended. In any case, the process in the vast majority of cases ends in favor of the plaintiff. Therefore, reaching agreement between spouses will only ease the emotional burden and save time.
Thus, there are a lot of ways to file for a divorce unilaterally. The law provides for the facilitation of this procedure for spouses. This is important, given that the divorce process itself is quite complicated for people. If there are children, this procedure also affects them. That is why it is necessary to know all the ways to formalize the divorce process, both with the unanimous decision of the spouses, and in case of refusal of one of the parties. This is necessary so that this procedure is as painless as possible for all its participants.