What to do if my wife does not give me a divorce?

Divorce without the consent of one spouse

If you ask someone who complains about an unhappy family life, “Why don’t you get a divorce?”, you may hear the answer, “He/she won’t give me a divorce.” Is it really so, and the disagreement of one of the spouses to divorce can cause the other to be forced to stay in a dull marriage for the rest of his or her life?

Of course not. The modern legal system does not permit such an obvious infringement of individual rights.

Although divorce without the mutual consent of the spouses is indeed a difficult, lengthy and psychologically difficult procedure. In this article we will look at its features.

Can they divorce without the consent of one spouse: the nuances

It is possible to divorce without the consent of the second spouse, although it is difficult. With one exception. According to Article 17 of the Family Code of the Russian Federation, it is impossible to divorce without the consent of the wife if:

  • The woman is pregnant
  • Has given birth to a child less than a year ago

At the same time, a pregnant or newly born woman herself can file for divorce and divorce without her husband’s consent.

This provision is designed to protect mothers and children. A woman who is expecting a child or is busy caring for an infant is one of the most vulnerable social categories. The law provides certain guarantees of protection of her rights.

WARNING The situation does not change, even if in fact the child is not the second spouse’s relative, was born stillborn, died in childbirth, or died during the first year after birth. If a pregnant woman, the mother of an infant, or a woman who has lost a child under one year does not consent to a divorce, it is impossible.

It is fair to say that this is the only case where a spouse “not giving divorce” is an insurmountable obstacle to the dissolution of the marriage.

In addition, we are talking about a limited time frame. Once a year has passed since the birth of the child, it will be possible to file for divorce without the consent of the spouse.

If there are children

Divorce with children older than one year is possible, both by mutual consent, and with the disagreement of one of the spouses.

Another thing is that the “dissenting” spouse has the opportunity to complicate it as much as possible.

For example, constantly putting forward new claims: about the amount of alimony, the division of property, the order of communication with the divorced parent with the children, about their place of residence.

All in all, this can lead to the fact that the spouse, seeking to dissolve the marriage, “gives up” and stops trying to get a divorce, putting up with what is, and hoping that over time, everything will somehow resolve itself.

If there are no children

Divorcing a childless couple does not require going to court. You can get a divorce in the registry office 30 days after filing the petition. But only if both spouses want to.

If one is strongly opposed to divorce, it will require the intervention of the judicial authorities. But still, if there are no children together, divorce, even without the consent of the other spouse, will be faster and easier than with them.

Where to go

Marriage is dissolved in two ways:

  • Administrative (through the registry office)
  • Court-based (through a Justice of the Peace or Normal, City or District Court)

The administrative one is available only to childless couples (or to those who have children who are already adults), and by mutual consent. In all other cases, recourse to a court is inevitable, with the exception of three cases directly regulated by Article 19 (clause 2) of the Family Code.

We are talking about a situation where the consent of the other spouse for a divorce is impossible to obtain, or his consent and non-consent are irrelevant. Namely:

  • The spouse is missing. This fact must be confirmed by the court. He decides to declare a citizen missing or (after a certain period of time) to declare him dead.
  • The spouse is legally incapable. That is, in court recognized as incapable of understanding the meaning of his actions, to make decisions and be responsible for them.
  • The spouse has committed a criminal offense and received as a punishment a long term of imprisonment (from 3 years).

In the presence of these circumstances should submit to the registry office a unilateral application for dissolution of marriage, at the same time providing a document proving their existence, This can be a court verdict or a court decision on the disappearance, death, recognition of incapacity.

A Justice of the peace decides on the divorce, if the spouses do not have disagreements about the division of property, the material support of the children, the order of communication with them by the divorced parent.

If one of the spouses does not agree to divorce – there is definitely a disagreement. Therefore, you should apply exclusively to the city or district court.

How to divorce, if one spouse does not agree to divorce, through the court

The process of divorce when one spouse does not agree is a complicated and time-consuming affair. To conduct it with the least losses for themselves, it is important to carefully plan the actions and to commit and adhere to the plan.

Order of action

  • First try to still achieve the consent of the spouse for a divorce. If you succeed, the process will go easier and faster. With mutual consent divorce takes about a month, for a decision may be enough for one court session. Especially if there is an agreement governing the division of property and child support. If one of the spouses strongly disagrees, the court after the first hearing gives the husband and wife three months to reconcile. And if at the end of that period the plaintiff’s intentions do not change, the marriage will be dissolved, despite the protests of the other party.
  • Whether or not the consent of the spouse is obtained, the next step is to file a statement of claim. A competently and comprehensively worded petition greatly increases the chances of a quick resolution. An illiterate and poorly drafted one, on the other hand, can further delay the case.
  • In addition to the application, documents are submitted to the court to prove the validity of the plaintiff’s position. The more convincing evidence that the marriage should be dissolved you gather, the more the chances of a desirable outcome of the case for you. Then you should pay the state duty, go to the court hearing in person and get a decree of divorce
  • The court decision serves as the basis for the dissolution of the marriage in the bodies of the registry office, its state registration. It is necessary to apply there.
  • After the expiry of the legal term, you receive a certificate of divorce in the registry office and you will be stamped in your passport.

Statement of claim

Let’s talk about it in more detail, because, as mentioned above, correctly drafted application to the court, this is if not half, at least, a significant part of success.

The law does not provide for a strict form or application form. However, there are a number of requirements stipulated by Article 131 of the Code of Civil Procedure of the Russian Federation. The application must be submitted in writing. The information must be set out in a business official style, clearly, consistently and concisely. Without spelling mistakes, expressive and profanity, blots and corrections.

The application must contain a formal, descriptive and substantive part. Each part should contain the following information:

Formal Part.

  • The full name of the judicial body to which you are appealing. In some cases, the name of the judge
  • The names of the spouses and the place of residence of each

Descriptive part.

  • When, by whom and where the marriage was registered
  • Information about joint children (child)
  • Information about property acquired during the marriage
  • Details of agreements reached regarding division of property and child support after divorce (if any)
  • The reasons for your divorce. If you are confident that you will not change your mind, it is advisable to specify “reconciliation is not possible. This may have a positive effect on the timing of the decision, since it will exclude the application of Article 22 (p. 2) of the UK RF, which allows the court to postpone a decision for 1-3 months to reconcile the parties.

The operative part

  • The request to dissolve the marriage.
  • Additional requirements (to resolve the housing dispute, divide property, calculate alimony, etc.)

Next, write a list of the attached documents, put the date of submission of the application and the personal signature of the plaintiff with a deciphering.

The statement, drawn up with violations of the requirements may be left without movement, or returned to the plaintiff for revision.

Example

Citizen A has written the following statement to the court. She fully complied with the requirements of the formal part of the document, but then went straight to the operative part, demanding the dissolution of the marriage and the residence of the child with her. She then stated the date of the marriage and the date of the child’s birth. Then demanded that the ex-husband pay alimony after the divorce. Then she put her signature on it.

The court dismissed the lawsuit and returned it for revision on the grounds that:

  • The reason for the divorce was not stated.
  • The document violated the sequence of presentation required by Article No. 131 of the Code of Civil Procedure of the Russian Federation.
  • The application was filed without specifying the date

It follows that, despite the fact that there is not strictly mandatory form of a statement of claim, it is important to comply with the legally established order and completeness of the information. You can find on the Internet examples of competent samples of statements of claim and adapt them for yourself.

Or seek a free consultation with a lawyer, who will advise you how to properly make a statement.

State fees

If you file for divorce without the consent of the other party, you must pay the fee. The fee is 600 rubles. Details for payment should be clarified in the office of the court, where the claim is filed.

You must pay the fee prior to filing a lawsuit – a receipt of payment is attached to the package of lawsuit documents. The paid fee is valid for one year.

Procedure

According to the law the claim is filed at the place of registration of the defendant. But it will take and place of residence of the plaintiff, if there are valid reasons. These include:

  • Circumstances that make it difficult for the plaintiff to appeal to another territorial court (health status, living together with minor children)
  • Unknown place of residence of the defendant

After the suit is accepted, the first court hearing is scheduled in one month’s time. Both parties are notified of the place and time of the meeting, in addition, the defendant is sent to review a package of copies of the lawsuit documents

Effectively boycott the divorce process by non-appearance at meetings of the “dissenting” spouse will not be able, although it will be able to delay. After three unexcused absences, the decision on the divorce will be made without him.

However, if the reason was valid, just the defendant was not able to notify the court about it in time, he has the right (under Article 236-237 of the Code of Civil Procedure) to file a petition requesting the annulment of the decision taken in his absence.

If both spouses appear in court, the judge hears both parties, considers the documents submitted by them, and renders a decision.

There are three options for making a court decision:

  • The judge dissolves the marriage.
  • The judge gives a certain amount of time for reconciliation, according to Article 22(2) of the Family Code
  • The judge denies the claim, the marriage is not dissolved

The court decision goes into effect 30 days after it is rendered. Then the court sends an extract to the registry office (within three days). The spouses may then appear at the registry office and execute the divorce certificate after the appropriate entry is made in the registry books

Timing of the divorce

Formally, the maximum period of time for a judicial dissolution of marriage should not exceed two months after filing a lawsuit. In fact, the process may take considerably longer. Reasons for delaying the case can be:

  • Technical reasons for postponing meetings, delay in forwarding documents
  • The request of the defendant to allow time for reconciliation (from 1 to 3 months)
  • Defendant’s failure to appear in court without a valid excuse (the first two sessions may be postponed and only the third session will be decided in his absence)
  • The presence of additional claims (in complex disputed cases, the parties may require inviting witnesses, which again means a postponement of the session).
  • Filing of an appeal within 30 days after the decision of the judge

What documents are needed for divorce without the consent of the spouse

A basic package of “divorce” documents is specified in article №132 of the Civil Procedural Code. In addition to this may require additional documents, depending on individual circumstances. For example, documents of title to the property to be divided.

CAUTION! Sometimes it is advisable to begin collecting and preparing documents before the “dissenting” spouse will be brought to the fact of filing a lawsuit. In an attempt to avoid this, or to make an unwanted divorce more difficult for him, he may destroy or hide the documents. He may also prevent them from being collected. If this still happened, the fact of concealment or destruction of documents of title should be stated in the statement of claim, asking the court to request the necessary documents, or copies of them.

So, let’s consider a complete set of “divorce” documents.

Without children
  • The lawsuit itself (write three original copies: one remains with the plaintiff after registration and acceptance for consideration, the second court takes to work, the third will be sent to the second spouse for review)
  • The document confirming payment of state duty
  • Copies of passports of both spouses
  • Copies of marriage certificates
  • Copies of the marriage contract (if any)
  • Copies of the agreement on division of property (if there was one)
  • Copies of documents of title to property subject to division (if such a requirement is made)
Children

All of the above, plus:

  • Copies of birth or adoption certificates of joint children
  • Copies of the certificate of family composition (issued by the housing authority)
  • Copy of the certificate from the custody agency about living conditions of the children
  • Copies of earnings certificates of the parents (if the claim includes alimony)
  • Copies of the parental agreement for maintenance of children and communication with them after divorce (if any)
  • Copies or originals of each parent’s employment references

Case law

Marriages that one spouse seeks to dissolve are dissolved regardless of whether the other spouse agrees or not. According to the fundamentals of Russian family law, no one can be forced into a marriage against their will.

With the exception of the case described earlier, when a woman is pregnant or has recently given birth (up to a year). But this is a temporary restriction.

Court practice shows that the failure to appear “dissenting” spouse to court proceedings leads to nothing good, this way the defendant will never achieve their goal – to save the marriage.

More productive will be to ask the court to grant a conciliatory deferment (1-3 months), and use this time to actually reconcile with the spouse, to persuade him to continue trying to save the family.

If this is impossible, and the spouse has made an irrevocable decision to divorce, it is worth at least trying to resolve all disputed issues peacefully. Agree on an amicable division of property, peaceful settlement of all “children’s” issues.

You will get a divorce anyway, whether you want to or not. So it makes sense to take all necessary steps to keep “human” relations at least for the sake of the children, for whom you are still a dad and a mom, regardless of whether you live together or apart.

What to do if my wife does not give me a divorce? How to get a divorce?

Every citizen has the right to divorce if the relationship with his or her spouse does not work out. In a voluntary divorce, the application is submitted to the Registry Office. Employees of the agency will go along, if the couple do not have common children. It happens that the wife does not give consent to the termination of marital relations. In this case, you need to go to court. However, not always a positive decision is made. In this article we will consider whether it is possible to divorce without the consent of the wife, what to do if the spouse does not give a divorce, how to divorce through the court.

Is it possible to divorce without the consent of the wife?

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The Family Code allows for divorce without the wife’s consent. Under part 2 of Article 16, at the request of one of the spouses, the marriage can be terminated by divorce.

When is consent not required?

There are situations when a woman’s consent is not required. On the basis of part 2 of article 19 of the Family Code, the Registry Office will grant the application in the following cases:

  • the court has declared the woman missing;
  • The wife has been declared legally incompetent by a court decision;
  • The wife is serving a prison sentence of more than three years.

In the presence of one of these circumstances, the marital relationship is terminated by the Registry Office in a simplified procedure.

Example 1. Stepanov E.A. is married to Stepanova N.I. In 2016, his wife was diagnosed with signs of a chronic mental disorder – paranoid schizophrenia. She was repeatedly hospitalized in a psychiatric hospital. However, the treatment had no result. Stepanova N.I. lost the ability to self-care and work, is not aware of the nature and meaning of her actions, is not able to control them. She was given a disability of the second group indefinitely. Stepanov E.A. applied to the court with a lawsuit to declare his wife incapacitated. In December 2018, a judge granted the claim. The plaintiff placed his wife in a psycho-neurological boarding school because she was a danger to others. In January 2019, Stepanov E.A. applied to the registry office for a divorce. He attached to the application a copy of the court’s decision to declare Stepanova N.I. legally incompetent. A month later he was issued a certificate of dissolution of marriage.

Need to know! If there are children under the age of 18 years, it is not an obstacle to a simplified termination of marital relations on the basis of Part 2 of Article 19 of the Family Code. There is no need to go to court for the dissolution of marriage.

When is it impossible to divorce?

Family law provides for exceptional conditions under which the husband will not be able to obtain a divorce if the spouse does not agree to it. Article 17 of the Family Code establishes restrictions in the following cases:

  • Pregnancy of the woman;
  • The presence of a child under the age of one year.

If the judge in the course of the proceedings finds one of these conditions, the divorce will be refused.

Example 2. Ilyin S.A. filed a lawsuit against Ilyina N.N. for divorce. The requirement is motivated by the fact that life together has not developed, further preservation of relations is impossible. At the time of the case he did not live with his wife. Ilyina N.N. at the session objected to the dissolution of the marriage. Pointed out that with her husband they have a joint six-month old child. The court took into account the arguments of the defendant and dismissed the claim based on Article 17 of the Family Code.

Important! In the case of refusal of divorce, one should wait for the limiting circumstances to disappear. Then the citizen has the right to file a new lawsuit in court.

What to do if the wife does not grant a divorce?

In practice, a spouse may refuse to divorce in order to annoy her husband. However, if he is against the continuation of the relationship, forcing him to save the marriage will not work. There are two options for solving the problem.

If there are no children, negotiate an amicable solution

The fastest way to dissolve the marriage is to submit a joint application to the registry office. If the spouse does not agree, you can try to persuade her. As arguments are recommended to use the following arguments:

  • in a divorce through the court will have to pay the state duty twice: for the court proceedings and the certificate;
  • the woman may need the services of a lawyer, which will incur significant costs;
  • You will need to appear in court several times and convincingly justify the reasons for maintaining marital relations;
  • The spouse will guarantee a favorable division of joint property (you can prepare a draft separation agreement in advance).

If the spouse fills out a joint application, but does not show up for the registration of the dissolution of marriage, the certificate will not be issued. In this case, the man will have to go to court.

Go to court

If the woman refuses to voluntarily divorce or the couple has joint children, the only option is to go to court. You can prepare the documents yourself.

If there are difficulties, it is recommended to entrust this issue to a professional lawyer. He will act on behalf of the applicant as a representative and help prepare documents for the court. In order to delegate authority, a notarial power of attorney must be executed.

Tip! It is desirable to resolve simultaneously with the issue of divorce a dispute about the place of residence of joint children and the division of communal property.

The order of dissolution of marriage in the absence of the consent of the spouse

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If your wife won’t grant a divorce, what the husband needs to do is in the following sequence.

Step 1 – prepare documents to the court

The course of the proceedings will depend on how fully the documentation package is prepared. In support of their arguments you need to provide:

  • ID card;
  • marriage certificate;
  • Documents for minor children;
  • certificate of family composition.

If at the same time the plaintiff plans to divide property, it is necessary to provide documents on joint property, information about income.

Step 2 – to determine the jurisdiction of the dispute

Before paying state duty and the drawing up of the claim is determined by the jurisdiction of the dispute.

The case is considered by the justice of the peace court in the presence of the following conditions:

  • the spouses are not disputing about children;
  • the plaintiff makes a claim for division of property worth up to 50 000 rubles.

All other disputes are considered by district and city courts.

The claim should be filed in the court at the place of residence of the wife.

Step 3 – pay the state duty

Disputes on divorce are subject to state duty. The obligatory fee is established by clause 5 part 1 of article 333.19 of the Tax code of the Russian Federation and makes 600 rubles.

When a claim is filed for division of joint property, an additional payment is made based on Clause 1 of Part 1 of Article 333.19 of the Family Code. The amount of the mandatory fee depends on the value of the property.

You can pay the state duty in any convenient way: through a bank, with the help of electronic money or a terminal. Payment document must be attached to the claim.

Step 4 – to make a claim

The claim is prepared in three copies. Two copies are submitted to the court. One of them will be sent to the defendant after the acceptance of documents for production. On the third copy, the specialist of the office will stamp the registration.

In the text of the claim must specify:

  • the name of the court;
  • Information about the spouses (name, address, contact information);
  • the date of the marriage;
  • The circumstances of the dispute and the arguments with references to the norms of law;
  • Whether there is a dispute about minor children and joint property;
  • the requirement to dissolve the marriage;
  • a list of attachments;
  • date and signature.

If there is a dispute about joint property, you should include in the lawsuit a requirement to divide it.

Step 5 – file documents with the court and attend the proceedings

Once the documents are filed with the court, a trial date is set. Typically, the first hearing is held one month after the lawsuit is filed.

The parties must appear in court for an explanation. If the spouse fails to appear or requests time to reconcile, a second hearing is scheduled.

The final decision is rendered no later than three months later. If the defendant fails to appear at any hearing, the case will be heard without her. In the absence of valid reasons, such behavior is regarded as an abuse of right.

Step 6 – get the decision of the court and apply to the registry office for a certificate

After you receive the decision, you have to wait for it to take legal effect. Then you can go to court to get a certificate. Before filing the application, it will be necessary to pay the state duty in the amount of 650 rubles from each spouse.

Along with a receipt for payment of the mandatory fee should be submitted court decision with a note on the entry into force. The certificate will be issued one month after you submit it.

Issues arising in the dissolution of marriage

If the spouse does not give consent, the divorce may be delayed. Let’s look at the difficult issues that arise in practice.

What to do if my wife does not let me see my child?

It happens that a man has decided to divorce, and the spouse in retaliation does not allow to communicate with the child. Such a restriction of the father’s parental rights is illegal and violates the interests of the child. By virtue of Articles 61, 66 of the Family Code, parents have equal rights to raise their children, even if they live apart.

A citizen is entitled to apply to the guardianship authorities at the place of registration of the child or to the court. The application to the custody body is drawn up in free form. You will need to set out the factual circumstances and ask for a schedule of visits to the minor.

When filing a lawsuit for divorce, the father may simultaneously claim to determine the place of residence and the order of communication with the child. The woman will have to comply with the court’s decision.

Will the case be heard if the spouse does not come to court?

Many people wonder if the court will divorce if the wife does not come to the hearing. If the defendant files a petition to hear the case without her participation, a decision will be made without delay. If she asks to postpone the hearing to a different date, the court will schedule a new hearing if there is a good reason.

It happens that a woman is duly notified, but she repeatedly fails to appear at the meeting, does not apply, does not provide evidence of valid reasons for absence. In these circumstances, the court will consider the case without the participation of the defendant.

Will the court dissolve the marriage if the wife has filed a petition for conciliation?

If one of the spouses does not agree to a divorce, the judge has the right to give them time to reconcile. This is not only the court’s prerogative, but also the defendant’s right to apply for a continuance to preserve the marital relationship.

The desire to keep the family together is not enough. The defendant must present evidence that the relationship can be restored.

A maximum of three months is allowed for reconciliation. The court may set a one-month period at its discretion. If the parties change their minds about divorce, the case will be dismissed. If the conflict persists, a decision is made to grant the divorce.

Legal help for divorce with your wife

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If the spouse is not pregnant and the couple do not have a child under a year old together, the court will dissolve the marriage anyway. The wife will not be able to prevent this. Some difficulties arise when the woman is incapacitated or missing. First have to go to court to establish these facts and obtain an official decision. Then you can go to the registry office to register the fact of termination of marital relations.

In order not to delay resolution of the issue, it is advisable to immediately seek help from a divorce lawyer. He will help prepare the documents and resolve the conflict on behalf of the client. Address your questions to the specialists of our site. We will consult you for free .

Lawyer. Total work experience of 10 years. Member of the Association of Lawyers of Russia. I review and edit publications on the site. Okazyvayu qualified legal help. My e-mail: savo992@bk.ru, profile on YandexServices.

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Hello. I filed a lawsuit for divorce in court, the statements lie defendant too, that without our presence can make a court decision. But after a month it turns out that the former wrote a petition, from the court came a letter that our absence to the court do not understand! they give on approximation of another 2 months. is it legal to such a decision of the court? why they have not informed me, by letter or by phone. what should I do? how to divorce my ex, as now she will drag out the time and play their games.

Good day, Ilya.

Neither the defendant nor the plaintiff in court did not appear, what do you want from the court? A petition with what kind of request to the court sent your wife? What does it say? The courts according to your explanations, you have not been acquainted. But do not worry, this process will not drag on forever. The court has already issued a decision to grant a period of reconciliation, if after 2 months, you plaintiff do not change your mind to divorce and appear in court to confirm their intention to dissolve the marriage, you will be divorced.

If you start to challenge the absentee court decision on the grounds that you were not notified and did not familiarize, perhaps the decision of the court and canceled, and then appoint a new one, and this all the time. That is, you will not win anything in terms of time if you challenge. So in 2 months, come to court and confirm your intention to divorce, again the court did not provide time for reconciliation.

Hello. My wife is not registered and she does not give consent to a divorce is 1 child, 7 years old, I can not get no registry or certificate of birth of a child and a certificate of registration persuade her not work, what should I do? Where to go with what documents.

Good evening, Alik.

Lack of residence registration means an administrative penalty in the form of a fine of 2 to 3 thousand rubles under Article 19.15.2 of the CAO RF. Point out this violation to your spouse. If she fails to register, she will be subject to penalties.

Regarding the dissolution of marriage. Your wife’s lack of consent to divorce does not prevent you from obtaining a divorce. But if there is no consent, the divorce can be executed only in court.

By virtue of article 28 of the Civil code of the Russian Federation lawsuit shall be filed in court at the place of registration of the Respondent, but if Your spouse has no residence registration, the claim for divorce within the framework of Part 1 of article 29 of the Civil code of the Russian Federation may be filed and at the place of registration of the plaintiff, that is you.

Make a claim for dissolution of marriage, which should include a copy of the certificate of marriage, copies of your passport and birth certificate of the child. Also prepare a certificate of salary in case your wife puts forward a claim for alimony.

Such a question, I live in Tambov. My husband is in Krasnodar. No children, no joint property, I want to file for divorce in court. What documents do I need? Go to court at my place of residence or spouse? Documents to the court to send by mail? How to find out which court to send the documents and details for payment of state fees?

Good evening, Tatiana.

Why do you want a divorce in court? You have no joint children and property in a similar situation a divorce can be executed through the registry office. The only case of a divorce through the courts in your situation is the lack of consent of the spouse to dissolve marital relations. But you live separately, so perhaps your husband does not object to a divorce. Clarify the issue with him. If he agrees to a divorce, you can dissolve the marriage in the Registry Office.

The order of divorce through the Registry Office:

By virtue of Article 31 of the Federal Law №143 “On Acts of Civil Status” to dissolve the marriage the spouses must submit a joint statement with a request for divorce. If there is no possibility for one of the spouses to appear together with his wife in one Registry Office, you must fill out two applications, one from you, the second from your spouse. The form of the application is approved by the Order of the Ministry of Justice of the Russian Federation №201 from 01.10.2018. Form #10. The form can be downloaded from the Internet and filled out by everyone.

Applications are filed at the place of residence of one of the spouses. If your spouse is not able to come to you, the application he can fill through the MFC, which will redirect the document already in the registry office at your place of residence, your copy you will submit in person. In 30 days, the marriage will be dissolved and you will receive a certificate of divorce.

The order of the divorce through the court:

By virtue of Article 28 of the Civil Procedural Code suit for dissolution of marriage is filed at the place of residence of the defendant, who will be your husband. But in compliance with part 4 of article 29 of the Civil Procedural Code of the Russian Federation a suit for divorce may be filed with the court at the place of residence of the plaintiff, that is you in the case if the state of health of the plaintiff does not allow to visit another city.

That if the state of your health is satisfactory, it is necessary to make out a divorce in the court of the city of Krasnodar. About the address of the court. Find out from her husband in what district of the city he is registered, then through the Internet find the district court, the address is specified for each district court and to this address already can send a statement of claim by registered mail. Attach a petition with a request to consider the case without your participation, so that you are not called to a meeting

Documents in copies:

  • passport;
  • Marriage certificate;
  • certificate of registration.

Copies must be notarized. Package of documents in 3 copies.

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