How to Dissolve a Marriage Unilaterally
To understand how to unilaterally dissolve a marriage, it is necessary to refer to the norms of the Family Code of the Russian Federation. It is there are the main rules for the conclusion and dissolution of the marriage, the division of property by the spouses. Undoubtedly, that the divorce is easier to implement in Registry Office, but that’s just not always possible, since the legislation includes several circumstances, in the case of which for the decision of the issue need to go to court. To dissolve the marriage, if it wants only one spouse is even more difficult.
How to get a unilateral divorce through the registry office
As a General rule, spouses who do not have common minor children, and between them there is no property dispute about the joint property belonging to them, can both apply to the registry office and divorce in accordance with the established procedure. But from one spouse there application will not be accepted. The exceptions are the following situations:
- When the court declared the spouse missing;
- When the court declared the spouse legally incompetent;
- When the spouse was held criminally liable, and the punishment is imprisonment for a term of not less than three years.
It is logical to assume that in the situations described above, the spouse simply cannot show up at the registry office, so they will only accept an application from the spouse who wants to and can file for divorce.
Again, the recognition of the spouse as missing does not automatically result in the termination of the marriage, as it happens in a situation where a person is recognized as dead.
How do I dissolve my marriage through the courts?
If one of the spouses opposes the divorce, then the other spouse has the right to unilaterally dissolve the marriage through the courts. Marriage is a voluntary union between two people, and no one can be in it against their will. But here, in order to protect your interests, you will have to go to court.
If the court finds that further marital life is impossible, it will dissolve the marriage, even if one of the spouses is against it. The court does not have the right to make a decision right away, but to delay the proceedings for up to three months in order to give the couple another chance. But if this does not work, and the spouse who filed the petition continues to insist on their own, then the divorce is inevitable.
Dissolution of marriage through the courts is also possible if one of the spouses, although not opposed to a divorce, but evaded the procedure itself. Does not come to the registry office to submit an application or to a hearing.
How to put an end to the marriage unilaterally: the preparation of the claim
Legal grounds for dissolution of marriage relations are established in the Family Code of the Russian Federation, but the procedural features are regulated by the Civil Procedure Code of the Russian Federation. To the marriage was terminated unilaterally, it is necessary to prepare and submit to the court the corresponding claim. The requirements to this document are established by article 131 of the CPC. Thus, it must specify:
1. Passport data of the plaintiff, the address at which he resides.
2. similar information about the defendant.
3. Name of the judicial body, where the application is submitted.
4. The plaintiff’s claim (in this case, the claim for divorce).
5. Justification for their claim (reasons for initiating the divorce case).
6. List of attachments to the claim.
In addition to the application are attached the necessary supporting documents, a receipt on payment of state duty, copies of the claim and annexes – for the court and the defendant.
If the plaintiff’s claim is only a divorce, then the lawsuit must be filed with a justice of the peace.
Divorce Procedure in Court
In addition to the issue of whether the marriage can be unilaterally dissolved, the court also decides related issues. If the couple has minor children, then they must resolve the issues of the child’s residence and alimony payments. At the same time with the divorce procedure may resolve a dispute about the division of property, if the parties have already realized that they will not be able to agree independently.
The decision of the court on dissolution of marriage does not put an end to the divorce, it is necessary for this decision to be registered at the registry office. Only after receiving a certificate of dissolution of marriage can be considered a divorce.
The nuances of the procedure
Unilateral dissolution of marriage, although the simple procedure, but has a few procedural points, which can understand only a qualified lawyer. For example, often the wife, who wants a divorce, does not know where her second half, and therefore it is difficult to determine the judicial authority in which to send a claim. Or, for example, there are situations when the spouse has left the country.
In such cases, the help of a competent specialist, who has experience in family disputes, will be just necessary. Moreover, such a specialist will save not only the time of a husband or wife, who have decided to start a divorce, but also save their nerves, which ultimately will affect their future relationship (because they may part or enemies, or friends).
In addition, a good lawyer will advise the spouses on the possible consequences of a divorce and other family issues.
lawyer Ekaterina Mikhailovna Murzakova offers its legal services to married couples, as mutually accepted the decision to divorce, and those in which only one of the spouses has a desire to break the union. In this case, assistance may be provided both in court (including when there is a child), and when applying to the departments of the Registry Office. To make an appointment for a consultation please call 8(495) 505-24-50.
How to divorce without a court
Not all married couples manage to live happily ever after and some spouses file for divorce. The reasons for divorce vary – husband and wife did not agree in character, financial difficulties, domestic problems and others. The Family Code provides for the dissolution of a family union in two ways – through the civil registry office (Registry Office) and through the courts.
Dissolution of marriage through the registry office – the easiest and fastest way, which spends a minimum of time and money. With mutual consent spouses can quickly gather the necessary documents and arrange a divorce. In our article we will tell you how divorce without a court, what features and nuances has this procedure, how much time it will take.
The established order of dissolution of marriage
Dissolution of marriage without a court is possible if one of the spouses insists on it. For divorce process is sufficient the desire of the husband or wife, if the other party is against it, the couple will divorce in any case, but it will take longer.
Under current Russian law, a husband and wife may divorce through the registry office or through the courts. The method of dissolving the marriage union depends on the mutual desire of the spouses, whether the couple has underage children and jointly acquired property. If the husband and wife divorced through the courts, filing a claim, after the entry into force of the court decision will still have to go to the Registry Office and get a certificate of dissolution of marriage there.
When filing an application to the authorized body is not necessary to specify the reason for which the couple decided to separate. In addition, the procedure itself takes a little time, about one month, as opposed to court hearings, which can last much longer.
The exception is the wife’s pregnancy and the period until the joint child is one year old. According to the Family Code, this is the time when the spouse is not allowed to file for divorce on his or her own, it can only be done with the consent of the wife. Even if the child is stillborn or dies immediately after birth, the husband will have to wait one year to officially dissolve the marriage.
The general principle is that a divorce through the courts or the civil registry office is always finalized within a period of at least one month.
Conditions of divorce through Registry Office
The legislation of the Russian Federation establishes a number of conditions under which a divorce without a court in the Registry Office is allowed. Here are the main provisions:
- The mutual consent of the husband and wife.
- Spouses must not have minor children.
- The absence of jointly acquired property, which is subject to division.
- Application only husband or wife, if the second spouse:
- Officially recognized as missing (Art. 29 of the Civil Code of the Russian Federation).
- Considered medically incapacitated (Art. 44 of the Civil Code).
- Convicted and is serving his sentence in prison.
Is it possible to get divorce without going to court if there are minor children adopted or born out of wedlock? In this case, such children will not be an obstacle to the parents’ divorce proceedings. The exception is when the children have been adopted immediately by husband and wife. Under the Family Code, such children are equal to the native children and the spouses will not be able to divorce in a simplified procedure.
When a disagreement arises between a husband and wife about joint property, child-rearing, alimony payments, such issues are resolved in court, even if the marriage is dissolved in the registry office.
At present, it is possible to submit an application for a civil divorce without trial through multifunctional centers (MFC) or use a single portal of state services.
Necessary documents for divorce without a court
Many people who are faced with the procedure of divorce wonder – for a divorce without a court, what documents are needed? If the spouses have made such a decision, they have no minor children and common property, they need to submit the following documents:
- Passports of both spouses.
- A statement signed by both spouses.
- Marriage certificate. After the divorce is finalized, the document will be returned to the applicant with a state registration stamp. In case the original certificate is missing, you must obtain a duplicate.
- Original receipt on payment of state duty.
- Personal electronic signature of each spouse if they want to dissolve the marriage through the electronic portal of State Services.
When an application for a divorce without trial is filed by a husband or wife, provided that the other party has been declared missing, is medically incompetent, or is serving a sentence in a place of imprisonment for a long period of time, the following documents are needed:
- The applicant’s passport.
- Written application.
- Marriage certificate. If the original document is missing for any reason, a duplicate must be ordered.
- Document confirming the absence of the other party – a court decision that recognizes the husband or wife as missing, incapacitated. In this case, the court decision must already come into legal force.
- A receipt about payment of state duty.
Is it possible to dissolve a marriage without a court if a woman is pregnant or gave birth to a baby less than one year ago? The law does not prohibit such dissolution of marriage, but only with the written consent of the woman.
Apply and submit a package of documents for divorce should be in the Registry Office at the place of residence of the defendant, or where the marriage was concluded. There the former spouses will issue a certificate of dissolution of marriage.
Carry out a divorce without a court in the registry office without children and with the mutual consent of both parties can be in the multifunctional center (MFC). There you will also be able to collect the certificate after the procedure is completed.
It is also possible to obtain a divorce through the electronic portal of Gosuslugi. The application signed by the electronic digital signature of the husband and wife is submitted electronically. After a while, the applicant receives a notification of acceptance of the package of documents and information about which department of the registry office to apply for a certificate of dissolution of marriage.
Many spouses who have decided to separate, worried – how to file for divorce without a court, if they have come to mutual agreement, they do not have young children and do not need to file a lawsuit in court for the division of property. First of all, in order to terminate the marital relations of the husband and wife need to draw up an application and submit it to the registry office with all the necessary documents. The spouses should apply to the authorized body together, but if one of them is absent, he may submit a notarized certificate of divorce.
The application is made in accordance with the prescribed form, its sample can always be found on the Internet at specialized sites. When filling out the document to be very careful, the application with mistakes and inaccuracies will not be accepted and returned to the applicant for revision.
In the application filed by the spouses in the registry office, the following information must be indicated:
- The full name of the authorized authority where the application is filed.
- All information about the participants in the divorce procedure.
- Number and date of issue of the certificate of marriage.
- The place of registration of the marriage.
- Information about the fact that the spouses do not have joint children.
- Surnames that the spouses wish to retain after divorce.
- Date and personal signature of the applicants.
The order and condition of the termination of marriage in civil registry office
How to issue a divorce without a court, how long does this procedure take? The current legislation of the Russian Federation has established a certain order of its conduct:
- Compiled and submitted an application for dissolution of marriage in the registry office. The document is submitted to the place of residence of the defendant or in the department where the registration of the marriage took place.
- Pay a state duty and collect all other documents necessary for the procedure of divorce.
- Within one month there is an official termination of marriage between the spouses.
- The former husband and wife receive a certificate of dissolution of marriage.
Remember that a man and a woman can remarry only after they receive a document confirming their divorce.
The procedure for registering a divorce
After the spouses submit the application for divorce and all necessary documents to the registry office, they will be assigned a date for registering the dissolution of the marital union. Both spouses must be present in person on that date. If for good reason the husband or wife will not be able to attend, their interests must be represented by an authorized representative with a notarial power of attorney. If the spouses are not present on the appointed day, the registration of the divorce will not take place and the marriage will be considered valid.
- The employee makes an entry in a specially designated book about the dissolution of the marriage.
- The spouses are issued certificates of divorce.
- The specialist will mark the respective items in the passports of the husband and wife.
Divorce with a foreigner
Some citizens are concerned about the question – whether it is possible to dissolve a marriage with a citizen of another country, how long it takes to divorce without a court. According to the law, it is possible to dissolve a marriage with a foreigner both in Russia and in another country. But if your other half (a foreigner) resides on the territory of Russia, the divorce must be formalized here.
In Russia, the procedure for divorcing a foreign citizen is the same as the procedure for divorcing a Russian citizen. The only exception is that the documents shall be translated into Russian. Translation must be certified by a Russian notary.
But if you have decided to dissolve the marriage with your husband (wife) in the territory of another country, this process will take place under the laws of this state. And if they do not contradict the laws of our country, the divorce will also be valid in Russia. The document of dissolution of marriage must be legalized for further use in Russia.
How to declare a marriage invalid
According to current Russian legislation, in some cases, the marriage union may be declared invalid. If this fact is proven, the husband and wife are released from the responsibilities that are vested in the former spouses. For example, if there is jointly acquired property, it may not be divided if:
- The marital union is fictitious.
- The husband or concealed the fact that they are already married and the divorce has not yet been finalized.
- One of the spouses was underage at the time of the marriage.
- At the time of registration of the marriage, one of the spouses has been declared legally incompetent by a court decision.
- The husband and wife are close relatives.
- One of the spouses concealed from the other party the presence of HIV infection.
All of these things must be proven in court in order for the marriage between the spouses to be declared null and void.