How to apply for divorce unilaterally, if there are children, if there are no children, through the registry office, through the court, through the Internet, by mail?
Unfortunately, not every couple who ties themselves togethermarriage, agrees to live with each other long and happily. Often, in the course of time, many people find that they have made a mistake, and make the decision to divorce. However, the divorce proceedings are far from the most painless procedure from the point of view of moral feelings.
The situation is further complicated if the partingsrequires only one side without the consent of the other. In this case, the question arises as to how to file for divorce unilaterally. The law provides this method of divorce, however, there are quite a few nuances on which the way of obtaining freedom from family ties depends, as well as its time frame.
Ways of divorce
By law, there are two main ways of obtaining a divorce, which depend on the consent of the spouses on this issue.
If the decision is mutual, it is enough to appear together in the registry office, file an application, pay a fee, wait for the deadline (1 month) and receive the long-awaited freedom.
Another way, with the help of a court, is more difficult asin terms of the complexity of the procedure, and in terms of feelings experienced. It exists for couples who can not reach an agreement about the dissolution of their marriage. The main stumbling blocks are the presence of children and the sharing of property. If you are interested in how to file for a divorce unilaterally, then most likely, it will help you to court. However, the Russian legislation provides for exceptional circumstances, in which you have the opportunity to terminate a marriage without the presence and consent of the other party, and without the need to go to court.
Ways to dissolve a marriage without the consent of the other party
If the couple unanimously decided to divorce, then they do not have to resort to extra instances. A visit to the REGISTRY OFFICE is all they need.
- To write the application in the REGISTRY OFFICE;
- draw up an appeal to the judicial authorities;
- send an application to the appropriate authorities via the Internet;
- send documents by mail.
Due to this choice of ways of filing for divorce, everyone can choose the most preferable for themselves.
When you can not divorce without the consent of the other party
Those who are interested in how to file for divorce unilaterally should know that there are restrictions that make this method impossible. There are only three such situations:
- if a divorce is required by a man in the presence of a common child who has not turned a year old;
- if the requirement for divorce is from a man whose spouse is pregnant;
- if the birth ended with the birth of a dead child or he died in the first months of life and since the event took less than 1 year.
Only these three factors make the procedurethe dissolution of the marriage union in the absence of the consent of the other party is impossible. However, they are of a temporary nature, respectively, do not refer to absolute prohibitions. It is also worth considering that these restrictions apply only to men, a woman can terminate a marriage at any time and without her husband's consent.
Divorce without the consent of the other party in the presence of children and their absence
The principal difference in the conduct ofDivorce procedure depends on the fact of having children. How to file for divorce unilaterally, if there are children and in their absence - this is an absolute different procedure for complexity.
When there is no common child, the divorce process takes place in the registry office. This option is a simplified scheme for divorce. However, the presence of both spouses is not necessary.
When a child grows up in a family who has not reached adulthood, you can get a divorce solely through a court.
Divorce through registrar
If the decision to dissolve the marriage is not reciprocal, the Civil Registry Office performs the procedure only in exceptional cases:
- in the event that the other party is found to be incompetent;
- is considered missing;
- is serving a sentence of more than 3 years in places of deprivation of liberty.
If there is any of these reasons, the marriage will be terminated even if a child under the age of 18 grows up in the family.
So, how to file a divorce unilaterally through a registry office? You will need to provide:
- certificate of marriage (copy and original);
- receipt on payment of state duty;
- a petition for the dissolution of the marriage;
- medical certificate on the recognition of the spouse as legally incompetent (if any);
- the decision of the judiciary that the party is declared missing (if any);
- the decision of the judiciary that the party is serving a sentence in places of deprivation of liberty with an indication of the time (if any).
The registry office also terminates the marriage either because of death orthe recognition by the court of the spouse of the deceased without clarifying the reasons. To do this, it is necessary to attach to the listed list a document evidencing this fact.
Judicial appeal for divorce
You should know how to file for divorce unilaterally through a court, if the couple:
- children under the age of majority are growing up;
- one of the parties refuses to terminate the marriage;
- one of the spouses applies to the judicial authorities with a statement of divorce without informing the other.
Review of the application begins after filinglawsuit to the court. It does not matter the reason indicated in it. According to the law, the very fact of the citizen's desire to dissolve the marriage is the basis. Also, this method is the only way to apply for divorce unilaterally, if there are children. In this case, in addition to the above documents, you need to attach:
- birth certificates for each child;
- certificate of income of spouses.
What is autorazvoda
Often happens that one of the parties does notis in court for divorce, despite notices. In this case, the author's spouse is born. This means that if you fail to appear at the hearing 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 attend was due to a valid reason.
Divorce through the Internet
One of the most painless and convenientways to dissolve the marriage is the Internet. In this case, you can avoid meeting with the unwanted spouse, and accordingly, and negative emotions. However, this method has its limitations and is most convenient when you do not know how to file for divorce unilaterally, if there are no children. If there are under-age children, and also in case of refusal to divorce one of the parties for this method, it is necessary to have a judicial decision.
So, how to file for divorce unilaterally via the Internet?
The procedure should begin with the registration on the official site of the State Service by entering in its respective field its passport data and SNILS.
After confirming the registration, select yourthe registration area and go to the Office of Civil Status Office. Here it should be borne in mind that notification of registration is possible only by regular mail or by visiting the office of Rostelecom.
Then choose the service "Divorce" and the way it is implemented (in this case, "Unilaterally").
Fill out the form and choose the date of the visit to the registry office.
On the same site you can download a form with details on which you can make a state fee.
Divorce through mail
Those who can not personally provide the necessaryfor the divorce process documents, it will be useful to know how to file for divorce unilaterally by mail. This is true for spouses registered in different cities, when one party requires a divorce without the consent of the other.
If there are no children, as well as property disputes, the issue can be solved by mail. It is necessary to send the necessary documents to the world court at the place where the defendant is registered. As a rule, you need:
- application for divorce;
- certificate of registration of your marriage;
- a receipt that indicates that you paid the state fee.
In some cases, additional documents may be required, which you will be notified about.
After your application is acceptedconsideration, it is necessary to send a notarially certified petition in the same way. In it, you must express your desire for a procedure without your presence.
When the trial is completed, youreceive a copy of the decision of the court, with which it is necessary to appear in the registry office after the time limit set aside for appeal has expired. There you will put a stamp on the divorce on the passport.
The timeframe for divorce unilaterally
The law provides for a regulated timeframe, during which the divorce proceedings end. The registry office provides 1 month for reconciliation. The deadline for the application is also included.
If the marriage is dissolved by a court, the spouseson average, 3 months are given for review of its decision and reconciliation. During this period, the date of filing of the application is included, as well as the hearing that the judge conducts. If there are no significant disputes, the process, as a rule, is completed by this time. However, if one of the parties creates obstacles to closing the case, as well as there are disputes concerning the common property, the time for consideration may be increased. In any case, the process is overwhelmingly completed in favor of the plaintiff. Therefore, reaching an agreement between the spouses will only ease the emotional load and save time.
Thus, how to file for divorce inunilateral, there are many. The law provides for facilitating this procedure for the spouses. This is important, given that the divorce process itself is quite difficult for people. If there are children, this procedure influences them too. That is why it is necessary to know all the ways of processing the divorce proceedings both with the unanimous decision of the spouses, and in case of the refusal of one of the parties. This is necessary for this procedure to pass as painlessly as possible for all its participants.
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