File a divorce without the consent of the husband or wife. Divorce without the consent of one of the spouses Lee I divorce without a husband

Last modified: January 2020

Article subject: How to divorce your husband without his consent. In what cases the marriage is terminated through the registry office. When the divorce proceedings go to court. The order of the procedure.

Families break up for various reasons. Sometimes divorce involves disputes over children and jointly acquired property. It happens that a spouse becomes incapacitated, goes to jail or goes missing. However, there is a way out of this situation. You can get a divorce without the consent of your husband.

Legislation

The procedure for dissolution of marriage is regulated by the Family Code (hereinafter referred to as the RF IC). Through the registry office, the issue is resolved in accordance with the rules of the law of November 15, 1997 No. 143-FZ. If the case is being considered in court, then the Code of Civil Procedure of the Russian Federation should be followed.

Can I get a divorce without the consent of my spouse?

It happens that a woman wants to divorce her husband without his consent.

The law allows divorce on three grounds:

• mutual agreement (general statement);
• the will of one of the spouses, if the other is in prison, missing or incapacitated;
• the court's decision.

Thus, there is no doubt whether it is possible to divorce without the consent of the husband. This is allowed on the second and third grounds. Let us consider in more detail what nuances the procedure has depending on different situations.

How is the divorce procedure going?

An entry on the dissolution of a marriage is entered into the register by specialists of the registry office. With the documents, you can contact the competent authority and quickly get a divorce. There are situations when you first need to go through a judicial procedure. Then, based on the decision of the judge, a divorce is registered.

If both spouses agree

If the husband and wife intend to divorce by mutual decision, the marriage is terminated by the registry office. It is important that they do not have common children under the age of 18. Spouses fill out a general application and bring it to a specialist.

It happens that a husband agrees to a divorce, but cannot file an application with his wife. In this case, he writes a separate statement and certifies it with a notary. A woman brings documents to the competent authority. A month later, the marriage is terminated.

Husband does not agree

If the husband objects, then without him it will not work to get a divorce through the registry office. You must file a lawsuit in court. Dodging divorce proceedings does not preclude divorce. The judge will decide in favor of the wife.

You do not need to go to court in the following cases:

• the spouse is declared missing;
• there is a decision to recognize him as incapacitated;
• husband sent to prison for a crime for more than three years.

A woman applies only on her own behalf. You will need to attach supporting papers.

Example 1. Stepanova I.A. files a divorce petition with the registry office. The husband was sentenced to 5 years in prison. She attached the final court verdict to the documents. It specifies the type and duration of the conviction.

There are children

In the event that the spouses have a minor child, they need to get divorced in court. The decision will be made regardless of the consent of the husband.

How to get a divorce through the registry office without a husband?

To terminate a marriage, you need to prepare documents, apply to the registry office and get a certificate in your hands. Let's take a look at how the procedure goes.

Step 1 Documents

The divorce process begins with the preparation of a package of documents.

You will need to take with you:

• passport;
• Marriage certificate.

Additional documents may be required depending on the situation. These include:

• a court verdict if the spouse is in prison;
• certificate of recognition as missing;
• document confirming incapacity.

Before applying to the registry office, a woman pays a state duty.

Step 2. Payment of the state duty

If the marriage is dissolved at the request of one spouse, 350 rubles must be paid to the federal budget.

You can transfer money in the following ways:

• at a bank branch;
• through Internet banking;
• using a terminal or ATM;
• through an electronic wallet (YandexMoney, WebMoney).

The receipt of payment of the mandatory fee is attached to the documentation.

Step 3. Application to the registry office

A woman writes a unilateral statement and passes it to a specialist along with a package of papers.

The following information is included in the application:

• personal information about the wife and husband (name, date and place of birth, citizenship, nationality, place of residence);
• grounds for divorce;
• passport details of the applicant;
• details of the marriage certificate;
• the surname that will remain after the divorce;
• about the guardian of the incapacitated spouse (place of residence);
• on the manager of the property of the missing husband (place of residence);
• about the location of the institution of the Federal Penitentiary Service, in which the spouse is serving a prison sentence.

The citizen signs the application and indicates the date of compilation.

Step 4. Review of documents

After registration of documents, they must be considered before the end of the month.

Within three days, the registry office staff notifies:

• husband in prison
• guardian of an incapacitated spouse;
• the administrator of the property of the missing person.

The notice informs about the expected date of dissolution of the marriage.

It is important to know! If the guardian or manager is not appointed, then the documents are sent to the guardianship authorities.

Step 5. Issuance of a divorce certificate

The specialist registers the fact of divorce in the presence of the applicant. The marriage certificate is returned with a note on the entry.

Upon completion of the procedure, a document on divorce is issued indicating:

• the names of each spouse before and after the divorce;
• termination dates;
• places of state registration of the fact;
• other information.

Both parties receive evidence.

How to divorce through the court without the consent of her husband?

The divorce proceedings are carried out through the court if the husband does not agree and there are no circumstances that allow this to be done in the registry office. In the case when the spouses have minor children, a divorce can only be obtained in court.

Divorce cases are dealt with by world, city and district courts. Each of them has its own jurisdiction.

You should apply to the Magistrate's Court if:

• husband against divorce
• spouses share property worth up to 50,000 rubles.

Other disputes are resolved by the city or district court. These include:

• cases involving minor children;
• termination of marriage with the division of property worth from 50,000 rubles.

The claim is sent to the court at the place of residence of the husband. In exceptional cases, a woman has the right to file papers with the court at her address:

• if there is a small child, because of which she cannot attend a court session in another city;
• in connection with the state of their own health or close relatives.

Appropriate papers must be attached to the claim to confirm the exculpatory circumstances.

Example 2 Svetlakova E.E. filed for divorce. The spouse is registered in another city and moved to live there. She has a one-year-old baby who has no one to leave with. The woman included in the text of the statement a petition for consideration of the case in court at her place of residence. Attached the child's birth certificate as supporting document.

Let's take a closer look at the divorce process.

Step 1 Documents

Requirements for documents for the court are established by the Code of Civil Procedure of the Russian Federation. You should prepare:

• woman's passport;
• Marriage certificate;
• birth certificates of children under the age of 18;
• information about the composition of the family;
• marriage contract (if the spouses signed);
• certificates of cash receipts of the husband and wife (if alimony will be collected);
• information about joint property (if a division of property is to be carried out).

In addition to the documentation package, a receipt for payment of the state duty is attached.

Step 2. Payment of the state duty

To determine the amount of state duty for the division of property, an assessment is carried out. It should be ordered from a professional appraiser. The amount of the mandatory fee is calculated based on the value of the property.

Step 3. Statement of claim in court

If all documents are prepared, a woman who decides to divorce without the consent of her husband fills out statement of claim.

The legislator did not approve the mandatory form of the claim. It is drawn up according to the rules of Article 131 of the Code of Civil Procedure of the Russian Federation. The applicant specifies the following information:

• formal (name of the court, full name of the parties and personal information);
• descriptive (facts, reasons for divorce, number of children, how the issue of alimony was resolved, references to the law, arguments, etc.);
• the operative part (a request to dissolve the marriage, assign alimony and divide joint property);
• list of applications;
• date and signature.

For the second spouse, you need to prepare a copy of the claim with the attachment of papers. The court send them to his address independently.

If a representative is involved in the case, provide information about him and attach a power of attorney.

Step 4: Litigation

If there are no complaints about the documents, the judge starts a divorce case, sets the date and time of the trial. The process can take up to three months. The parties will be offered reconciliation.

If necessary, additional documents are requested from the parties. If there are children, they decide with whom they will live after the divorce. Determine the amount of alimony that the father will pay.

Clarify information on property acquired by the spouses during the marriage. Establish the total cost and carry out the division of property.

It happens that the spouse does not come to the meeting, hoping to delay the process. The judge considers the dispute without him in absentia. For this, the consent of the wife is sufficient.

Following the results of the proceedings, the court makes a decision on divorce. It must be taken to the registry office in order to terminate the marriage.

Step 5. Applying to the registry office for a certificate

The further procedure is carried out similarly to the general procedure. A unilateral application is drawn up, a state duty in the amount of 650 rubles is paid.

The specialist is provided with a court decision or an extract from it. The certificate will record the details of the judicial act as the basis for the dissolution of the marriage.

Summing up

Thus, divorce without the consent of the husband in most cases is issued in court. Then you should submit papers to the registry office. The marriage is considered terminated from the moment the record is made and the certificate is issued.

According to the current legislation of the Russian Federation, you can get a divorce even in the absence of the consent of one of the spouses, but a number of conditions must be met. There are two situations for unilateral termination of the union:

• when the husband or wife cannot attend the divorce proceedings;
• when one of the spouses is against divorce.

Both cases describe completely different situations. But there are times when spouses simply do not want to be together in the same room and solve the current situation in order to avoid conflicts. In any case, the listed points imply the termination of the union without the consent of one of the parties.

Learn more about how a divorce will go in the absence of one of the spouses at.

Where can a marriage be dissolved without the consent of the partner?

You can get a divorce in Russia through the registry office or the court. According to article 21 of the RF IC, divorce without the consent of one of the spouses is possible only through a court, with the exception of certain situations. The process of divorce is handled by the World Court, however, the presence of children under 18 or the division of property will complicate the situation. In these situations, the district court deals with the dissolution of the marriage. Read more about the nuances of divorce in the presence of common children and property disputes.

Article 21 of the RF IC. Divorce in judicial order

The dissolution of a marriage is carried out in a judicial proceeding if the spouses have common minor children, except for the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to the dissolution of the marriage.

The dissolution of a marriage is also carried out in a judicial proceeding in cases where one of the spouses, despite the absence of objections, evades the dissolution of the marriage in the civil registry office, including refusing to file an application.

Under what circumstances and how the dissolution of the marriage will take place through the court, we told in.

When registration takes place through the registry office?

When applying for the termination of the union in the registry office, the consent of both parties is required. The exception is cases when the other party is declared incompetent, missing, dead, and also sentenced to a term of three years or more (read how to divorce a person serving a sentence in prison). In these cases, the divorce process is possible through the registry office, which greatly simplifies the procedure.

How to terminate a relationship?

It is possible to obtain a divorce unilaterally through the registry office only if one of the conditions listed above is met. In this case, it is important to provide the following documents:

• application form number 9;
• identity documents;
• receipts confirming the payment of state duty;
• a copy of the marriage certificate.

We talked about the list of documents that will need to be prepared for a divorce.

A feature of filling out the submission on the termination of marriage unilaterally is the indication of additional information:

1. Grounds for termination of the union, provided for in Article 19 of the RF IC.
2. Details of documents legally confirming the circumstances due to which the husband or wife is absent at the termination of the marriage.

What documents are required?

In addition to a passport, a receipt for payment of state duty, a copy of a marriage certificate additional documents are attached to the claim for termination of bonds unilaterally.

1. If the spouse is missing, a certificate must be attached stating that the other party is officially considered missing.
2. If the husband or wife is sentenced to more than three years, a court verdict is required.
3. If the spouse is considered incompetent, this fact can be confirmed only if there is a medical certificate.

How to apply?

• You can file a claim for divorce in the usual way, by submitting an application in person, providing the necessary package of documents, filling out an application on the spot and paying the state fee in the way offered by the organization (through a bank, cash desk, etc.).
• Today, for the convenience of citizens, multifunctional centers have been created throughout the country. You can submit documents for divorce through one of the offices of the MFC.
• One of the modern options for a divorce is to fill out an online application on the State Services website. To do this, you need to register on the portal and fill out an application on the site.

The basis for accepting the claim will be the uploaded scans of documents confirming the identity and grounds for divorce.

The amount of the state duty

In addition to submitting the necessary documents, it is important to pay the state fee. In the case of a unilateral dissolution of the union, the fee is charged only from the initiator of the termination of the marriage.

According to the data, the state duty increase last took place in 2015. Now, today, the spouse must pay 350 rubles for registering the termination of bonds unilaterally.

About what size of the state duty is set for a divorce in various situations, how and where it can be paid, we talked about.

Do I need to notify my partner?

In case of unilateral dissolution of a marriage, if one of the spouses is convicted and is in the places of detention, the other party is obliged to receive a notice of divorce. The registry office notifies the convict of the filing of an application for divorce by his wife/husband. At the same time, the opinion of the prisoner will not affect the divorce process in any way.

Learn more about the procedure for divorcing a spouse serving a sentence in prison.

How long does the process take?

The process of dissolution of marriage through the registry office will take much less time than through the courts. Divorce time can vary from 1 to 4 months, depending on different circumstances. If the application was initially filled out correctly, and supporting documents were provided, then it is already possible to obtain a certificate of termination of the union 31 days after the submission of documents.

Read about the timing of divorce through the registry office and through the court.

How is the registration procedure?

After submitting documents to the regional registry office, the spouse who submitted the application:

• within three days, the organization is notified of the place and date of termination of the union;
• within a month decides what surname he will bear after the dissolution of the union;
• one month after the submission of the application, the state registration of the termination of the marriage is carried out, after which the applicant receives a certificate of divorce.

Does the other party need to send a certificate of divorce?

A termination certificate is issued to both parties. after state registration of divorce. The spouse who filed a divorce claim receives a document immediately after state registration. The party in the places where the prisoners are serving is issued an application for the termination of the union only after the release.

How to divorce a husband (wife) through the court, if he (she) is against it?

To divorce your spouse unilaterally, if the other spouse is against the dissolution of the marriage, you need to prepare for the court. The first thing to do is file a claim.

It should be remembered that the divorce process will take longer if there is a minor child in the union, and also if there are requests for the payment of alimony or.

Features in the preparation of a statement of claim

In order to get a divorce through the court, it is necessary to issue an application in which three parts should be covered:

1. Introductory, containing the full name and location of the plaintiff, defendant, other persons related to the divorce. The name of the court is also indicated. The listed data is written in the upper right part of the sheet.
2. A descriptive part that indicates the date of the conclusion of the bonds, the presence of minor children, the agreement or refusal to pay alimony. The information is confirmed by references to the laws on which the applicant relies.
3. The final one, which describes the request for the court to accept the claims, describes the documents attached to the application.

There is no specific form of application today, however, Article 131 of the Code of Civil Procedure of the Russian Federation spells out the rules that must be observed when drawing up a lawsuit in court.

The claim should not contain emotionally charged sentences, must be submitted in writing and not exceed two A4 pages.

Documents required to file a claim

When filing an application with the court, the claim is filed in three copies: one remains with the plaintiff, the second is sent to the defendant, and the third is attached to the court case. The following documents must be attached to the application in two copies:

If necessary, additionally applied:

• power of attorney, if the plaintiff has a representative;
• agreement on children;
• certificates of spouse's income, when applying for alimony;
• other documents.

What is the state duty?

In case of divorce through the court, it will be higher than through the registry office. The plaintiff is required to pay a fee of 600r. If the claim contains a claim for the division of property, payment will be determined based on the value of the claim.

After the end of the trial, the state duty is paid for making changes to the registration book and issuing certificates of termination of the union in the amount of 650 rubles.

How long does a lawsuit take?

may take 1 to 4 months. It depends on various reasons, including whether or not the defendant attends the trial.

• If both spouses are present at the meetings, the process of terminating the marriage will take up to 4 months from the date of filing the claim. 1 month is the term for consideration of applications by the court. In case of disagreement of one of the parties to the divorce, the judge gives 1 month for reconciliation, after which the period can be extended up to 3 months, if necessary.

  After three months, if the parties do not come to an agreement and do not reconcile, the court dissolves the marriage.

• If one of the parties avoids litigation, the process may drag on indefinitely. The absence of the second spouse at the meeting is the basis for postponing the divorce proceedings to another day. So, a divorce can drag on from several weeks to several months.

- a complex process that requires a lot of time and effort, especially when the divorce is initiated by only one spouse. So that the divorce process does not drag on for many months, it is necessary to take into account the rules of the divorce process both through the registry office and through the court. Knowing the nuances will make it easier to obtain a certificate of divorce.

Related videos

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What it is

Divorce is one form of ending a marriage.

Breakup can be:

• by mutual agreement;
• and may be without the consent of one of the spouses.

What is regulated

Termination of marriage, as well as its conclusion, is regulated by the provisions of the family code.

1. The procedure for the dissolution of a marriage is referred to in particular in
2. Legal dissolution of a marriage without the consent of one of the spouses is regulated

court order

If one of the spouses does not agree to the divorce, the other spouse must file a lawsuit for divorce in court. You need to file a lawsuit in the court at the place of residence of the defendant, that is, the disagreeing spouse. But there are cases when the second spouse has a permanent registration in another distant city.

If a minor child lives with the plaintiff or the plaintiff cannot travel to another city for health reasons, then the law allows filing a claim at the place of residence of the plaintiff.

Without children

If there are no children in the family, then the divorce procedure is somewhat simplified, even if the spouse does not agree. The court will give the spouses time to reconcile - depending on the circumstances of the divorce, from 1 to 3 months ().

If the second spouse still does not agree, then the court will divorce such spouses.

But there is a restriction placed on the husband's right to divorce.

If there are no children in the family yet, but they are expected in the near future (the wife is pregnant), then the husband cannot file for divorce without the consent of the wife.

If there is a child

If there are minor children, then the procedure may be somewhat delayed, but not more than 3 months from the date of the first meeting.

The term for reconciliation can be given the same - up to 3 months.

To grant this period, the dissenting spouse must file a petition.

Divorce with children without the consent of the spouse may be somewhat delayed if the issue of:

• residence of children;
• or the amount of alimony.

When it's impossible

As already mentioned, there is an indication when a husband cannot file for divorce without obtaining the consent of his wife.

• wife's pregnancy;
• aged child up to 1 year.

Video: order

How to get a divorce without the consent of the husband through the registry office

Divorce without the consent of the spouse through the registry office is possible in the following cases:

• if the husband is serving a criminal sentence for more than 3 years;
• if the husband is declared incompetent by the court;
• if the husband is recognized by the court as missing.

Even if the spouses do not have minor children and property disputes, but the second spouse does not agree to a divorce, you need to file a lawsuit in court. The registry office does not have the authority to clarify the facts of the impossibility of cohabitation.

Making a claim

According to the court, the divorce case must be considered within 2 months from the date of filing the claim. In order for the claim to be accepted by the court for consideration, the document must be correctly drawn up.

There is no unified form of the statement of claim, but there are certain rules for registration.

How to file a claim correctly is indicated in There are formal and descriptive parts in the claim.

Formal

The claim must include the following information:

• the name of the magistrate's court with the number of the court district;
• Name and place of residence of the plaintiff and defendant;
• if the plaintiff has a principal, then his full name, address of residence and details of the power of attorney;
• descriptive part;
• references to legal norms;
• signature and date of the applicant;
• a list of documents that the plaintiff attaches to the application.

descriptive

In the narrative, the plaintiff describes the reasons why he filed for divorce.

In addition, you must specify:

• date and place of marriage;
• details of the marriage certificate;
• date of termination of cohabitation;
• the number and date of birth of joint minor children;
• their place of residence at the time of the filing of the claim, as well as with whom they will remain after the divorce;
• reasons for divorce;
• an indication of the surname that will remain with the spouses after the divorce;

The wife has the right to change her surname to "maiden" or to keep her husband's surname.

• claims for alimony and division of property, if any.

The descriptive part should be "dry" and concise. Excessive emotions in the lawsuit are not welcome.

If the respondent does not agree to the divorce, this should be noted here.

Rules of law and requirements

The claim must indicate the rules of law to which the plaintiff refers, as well as his detailed requirements.

• - on the dissolution of marriage without the consent of the other party;
• - on maintenance obligations, if the plaintiff indicated the recovery of alimony in his claims;
• - regarding the division of jointly acquired property, if this is indicated in the plaintiff's claims.

In its claim, the plaintiff may indicate:

• divorce between the plaintiff and the defendant, since the provision of a period for reconciliation is not appropriate;
• collect from the defendant alimony for minor children. If the plaintiff wants to receive alimony in a fixed amount of money, he must indicate this amount and justify it;
• divide the joint property. If the plaintiff has proposals for division, they should be stated here.

List of additional documents

The following documents must be attached to the claim:

• a copy of this application;
• marriage certificate and its copy;
• a copy of the claimant's passport;
• copies of children's birth certificates. If there are children over 14 years old, then copies of their passports;
• receipt of payment of state duty;
• certificate of the plaintiff's income, if a claim is made for the recovery of alimony as a percentage of income. If the plaintiff requires the recovery of alimony in a fixed amount of money, then you need to attach a calculation of this amount, with justification;
• an inventory of the jointly acquired property, if in its claims the plaintiff declared the division of property;
• other documents that will help the court. For example, a health certificate of the plaintiff.

Number of copies

The statement of claim is drawn up in one copy. Then a copy is made of it, and sent by mail to the defendant.

How to apply

The claim must be taken to court.

If there is no such physical possibility, then it can be sent by registered mail with notification.

World

An action for divorce must be filed in the magistrate's court at the place of residence of the defendant.

If minor children live with the plaintiff or his state of health does not allow him to travel to another city (if the defendant lives far away), then the plaintiff can file a lawsuit at his place of residence.

District

If during the divorce proceedings the fate of minor children will be decided (determination of their place of residence), then the claim must be filed with the district court.

Do I need to reconcile

For reconciliation of spouses, the court may give a period of up to 3 months (). The court will determine the time limit according to the circumstances of the case. This period will be given for reflection and reconciliation.

If the spouses reconcile, the divorce case will be dismissed.

If, after the conciliation period, the second spouse still insists on a divorce, then the marriage is terminated.

Is it possible to avoid the conciliation period

You can avoid the conciliation period if the spouse who did not agree with the divorce expresses his consent in court. This will be referred to as divorce by mutual consent.

If it is indicated in the claim that the appointment of a conciliation period is not advisable, then the court will decide at its discretion whether it is possible to save the family or not.

It will depend on this decision whether he will appoint this term or not.

The nuances of the case

As in any other case, divorce without the consent of the spouse has its own nuances.

For example:

1. A wife can file for divorce without the consent of her husband at any time, regardless of whether she is pregnant or the spouses have a small child. up to 3 years old and the wife does not work;
2. a wife can file for alimony at any time, whether they are divorced or not.

As you know, the right of a spouse to divorce is limited.

The cost of the state duty

As you know, a payment document must be attached to the statement of claim, which will confirm that the plaintiff paid the state duty.

The amount of the state fee is regulated This paragraph states that the fee payable - 600 rubles.

After the court session, when the parties divorce, they will need to obtain a certificate of divorce from the registry office.

Term

As already mentioned, the claim must be considered within 2 months from the date of application.

If the parties are assigned a period of reconciliation, then the maximum period for divorce is 5 months (2 months from the date of application + 3 months for reconciliation).

Divorce is a complicated procedure, especially when one of the spouses refuses to recognize its need or is in.

For such cases, divorce is provided in.

The legislation distinguishes between a divorce that takes place without the consent of the husband, and a divorce that the husband cannot attend because he lives in another city or is in prison.

If the husband agrees to divorce you and you are under 18 years old, then the dissolution of the marriage will take place at. For this, the husband will only need to send his consent in writing by mail or send a representative.

If the husband refuses to agree to a divorce, then the matter will have to be decided in. Not litigation is a common practice, and by keeping a cool head it is easy to succeed. A man cannot file for an independent divorce if he is or is sitting with. A woman is not limited by these rules and can apply at any time.

Previously, in order to dissolve a marriage, weighty ones were needed. Now enough simple unwillingness to continue to be married to a particular man.

The reasons for the divorce, which will need to be indicated in the lawsuit, are only formal and do not affect the decision in any way.

Therefore, in 90% of the case, the request for divorce will be granted.

The procedure for filing for divorce unilaterally

at the registry office

If both spouses without minor children have agreed to break the marriage union, then the registry office absent husband sends notarized.

All further procedures (changes in registration books and registration) take place only in your presence. A husband can obtain his certificate through a representative.

There are cases when the dissolution of the marriage occurs only on your initiative, and the consent of the husband is impossible or not mandatory. Then it is possible to get a unilateral divorce if the court found the husband incompetent, missing, or if the spouse committed a criminal offense and was sentenced to more than three years. The marriage is dissolved in the registry office only at your request.

In a court

You can get a divorce through the court by filing a statement of claim, consisting of three parts: formal, descriptive and final. The formal part includes the address and name of the court where you are applying, as well as basic data - yours and your spouse: full name, date of birth, where you are registered and where you live, place of work, telephone number.

The descriptive part is a little more complicated, it consists of:

• information about where and when you got married;
• reasons for divorce;
• information about children (full name, date of birth, where they currently live, do you and your husband agree on who will support and educate them until adulthood)
• information about whether or not your husband agrees to a divorce.

In the final part, you need to list the legal norms to which you refer, and also write what exactly you want from the court (only dissolve a marriage or, for example, settle property issues and issues of maintaining children).

Divorce procedure unilaterally

at the registry office

When submitting documents to the registry office, in all cases, your application for divorce, passport, marriage certificate and payment receipt are required.

This is the so-called basic set.

If the spouse is in prison, then a copy of the court verdict in his case is also needed. A missing husband can be divorced by adding a copy of the court decision declaring the spouse missing to the basic set of documents.

It is easy to guess that in case of incapacity of the husband, a copy of the recognition of incapacity must be attached. In these cases, the state duty will be 350 rubles. When the marriage is dissolved by mutual agreement, then each pays 650 rubles.

If you carefully collected and filled out all Required documents, then you will receive a certificate of divorce in a month.

In a court

The statement of claim, the preparation of which was written in the previous part, must be submitted in three copies.

Be sure to attach to it:

• receipt of payment of state duty;
• copies of the certificate of marriage, birth of children (if they are under 18 years old);
• a certificate from the housing company at your place of residence;
• if there is, then ;
• your husband's income statement if you are going to claim the payment.

Each of these documents is required in two copies..

With this package, you are looking for the nearest court in your husband's place of residence. If he is in another city, then you can go to court near you if you have a good reason: if you are sick or looking after minor children.

Apply to the world court if there is no dispute about children or expensive property (worth more than 50 thousand rubles).

Otherwise, you should go to the district or city court.

How to file for divorce without a husband through the "Gosuslugi"?

Now the divorce procedure can be carried out even through. You can apply for a divorce online through the State Services portal if there is no property or children dispute and your spouse is not missing or incarcerated.

To do this, you will need to take the following steps:

1. Register on the State Services website, indicating your personal data (passport series and number, SNILS, and so on).

2. Verify your identity in order to freely use all the features of the portal.

For this you can:

• receive data for entering the site through a registered letter of Russian Post
• come to OJSC Rostelecom and personally pick up the login and password
• use an electronic signature, if you have one.

3. Log in to "Gosuslugi" using the purchased login and password, indicate your location (the box above).

4. Find the necessary service by typing in the search line "dissolution of marriage". We need an electronic application for the state. divorce registration.