How to apply for a divorce without the consent of one of the spouses?
More and more people are interested in whether it is possibledivorce without the consent of one of their spouses. Often it turns out that one person wants to break off relations, and another against this. Is it really necessary in this situation to seek the consent of the one who stands for the preservation of legal relations? All the features of our current process will have to be studied in full. Because divorce is a serious step. And even the slightest error in the preparation for this process can lead to the impossibility of dissolving the marriage.
Is it always bred
How to act if you want to stoprelationship with the spouse, and he / she is not? It is worth turning to modern legislation. In Russia, there are special rules that are prescribed by law. They relate to the relationship between husband and wife.
So, a divorce without the consent of one of the spousesavailable. Moreover, it is always carried out when one of the couple has a real desire to break off legitimate relations. These rules are prescribed in Article 22 of the Family Code. True, much depends on the spouse's consent to divorce. For example, in which bodies the described process will take place.
Where to go
The whole point is that divorce without the consent of one of thespouses is not a very simple operation. It requires special attention. According to the Family Code of the Russian Federation, if both husband and wife agree to a break in the relationship, it can be done in the registry office. And how to act in the absence of an agreement?
In this case, only a divorce is threatened through a court. Without the consent of the spouse, you can not go to the registrar and terminate the officially registered relationship. This is indicated in the Family Code of the Russian Federation, in 21 articles.
Accordingly, you will have to contactjudicial authorities. Either you go to the world court, or to the district court (it is customary to file a suit at the defendant's place of residence). It all depends on your situation as a whole.
Is it possible to get a divorce without the consent of the spouse? Yes, in Russia, a number of cases are envisaged when this process takes place. Of course, if the agreement was, then the dissolution of marriage was easier. But not always in a pair both are ready to break off relations.
The world judge on this issue is best dealt with in certain situations:
- or when you have no disputes regarding the residence of children;
- or on the condition that the jointly acquired property, which is to be divided, does not exceed 50,000 rubles.
That is, theoretically in the world court can come witha lawsuit on divorce and only in the absence of significant joint property. If this rule is not respected, it will be necessary to file a claim with another authority.
How to get a divorce without the consent of the spouse, if a march to the magistrate is impossible? In cases where you have children and you can not agree on their further residence, you will have to go to the district one.
In addition, district courts considerclaims for the severance of formalized relations, when the couple has a value-bearing joint property. Divorce without the consent of the spouse (without children) also occurs in these authorities.
Now, when it is clear where to go,It is better to consider the divorce proceedings. If you prepare in advance, you can realize the idea in just a few months. What features should I pay attention to in the first place?
Not right away
Any divorce - with or without consent- is not issued immediately. Citizens are given time for reconciliation. This is an obligatory part of the divorce proceedings. Therefore, if you intend to break off relations, be prepared for the fact that for some time you will "put up" with your spouse.
As practice shows, at the time of the appeal tocourt or civil registration office citizens no longer live together. Therefore, all you have to do is wait for the expiration of the reconciliation period. Usually it takes only 30 days, a month, to think about a solution. If you are determined, after the expiration of this period you will necessarily be divorced. It does not matter in the registry office or in court. The main thing is that you will achieve your goal.
Just remember: if you decide to make up and keep the relationship, the lawsuit will have to be taken away. You must keep within the allotted month. Either do it directly at the court session.
Divorce without the consent of one of the spouses is always made, with rare exceptions it will not be possible to break the relationship. In Russia, much depends on who is suing the court.
The fact is that men have less divorce plansrights. So, husbands can not divorce on their own initiative with the wife in the situation. This prohibition applies even after the birth of the child. Men will not be given a divorce until the baby is 1 year old.
Even with pregnancy and newborna child can still make a break in relations. How? To do this, the woman must file a lawsuit. In this case, the divorce without the consent of the husband will occur in court, but it will necessarily take place. Women during pregnancy and in the first year of life of the baby are given more opportunities in relation to the task set in this article.
How to apply for a divorce without the spouse's consent? Once you have decided which court to appeal to, you can start preparing documents. The first stage is payment of the state fee. Without this payment, you will not receive a claim for divorce. Therefore, before you go to court, try to pay off the state.
How many will be given for divorce in one-sidedorder? At the moment, you have to pay 600 rubles for a lawsuit on divorce proceedings. The amount of state duty is prescribed in the Tax Code of the Russian Federation, in Article 333.19, paragraph 1, subparagraph 5.
A given amount of money is collected from only onethe spouse - with the initiator of the divorce. As soon as the state fee is paid for in the court chosen by you, you can apply for review. Only pre-gather a certain list of documents.
So, what do you need to bring with you in thejudicial bodies, so that you will be sued for divorce? The list is not too big. By the way, the originals are required to attach copies. You do not need to certify anything. In order for you to be able to dissolve the marriage in court, present:
- Marriage certificate;
- documents confirming the birth of children;
- receipts for payment of state duty for filing a statement of claim;
- passport of the plaintiff.
This completes the main list. In addition, you can attach documents-grounds for divorce, agreements on the payment of alimony and children's residence, as well as on the division of property acquired for all time. However, usually in the absence of the consent of the spouse for divorce of such papers there. Unless the grounds for divorce can be confirmed.
Content of the claim
Separate attention requires an application for divorce without the consent of the spouse. You must correctly draw up a claim, otherwise you can not hope for success. What should I mention in this document?
First, information about yourself and about the disagreement withdivorce his wife. Suitable passport data, as well as just information that can affect the course of the case. This is especially true when you have underage children.
Secondly, the suit necessarily indicates the presence / absence of children. Is there agreement on their residence, as well as education, this should also be prescribed in the application.
Thirdly, you must somehow justify yourdecision. This is especially true when there is a spouse who does not agree with the divorce. Motive can serve anything. The main thing is not to lie. If you have evidence that can confirm your words, indicate them and bring them to court.
Fourthly, at the very beginning of the statement of claim it is required to indicate the judicial authority to which you file a claim. This is a mandatory condition for processing the appeal.
Fifthly, it is advisable to prescribe everything that is available for youjoint property. And if you have an agreement on its section, indicate what and who after the divorce will rely. The presence of a marriage contract, too, do not forget to clarify the claim.
Once you have completed the application,you can go to court with the above list of documents. Then you just have to wait. As a rule, the presence of both spouses is required for the meeting. If the dissenting citizen decides to evade this process, do not be upset!
Evasion of meetings
Why? Because you have the full right to dissolve the previously legalized relations. And the absence of one of the spouses is not a hindrance to the process. Several times the meeting may be postponed and re-invited by a dissenting party to the trial. Divorce without the consent of one of the spouses is still possible. Only it will be spent more time.
Approximately from the 3rd time the divorce will be held withoutparticipation of both spouses. You will be given a judicial opinion, which is useful further. After all, after the trial, the divorce is not considered complete. It is necessary to do something else.
The final stage
Making a divorce without the consent of the spouse isvery laborious process. As soon as you have a court decision pointing to the dissolution of previously legalized relations, you can proceed to the last step. We are talking about a visit to the registry office. After all, you need to get a certificate of divorce.
To come it is necessary in the REGISTRY OFFICE on your residence. Take with you:
- the court's decision;
- certificate of marriage;
- birth certificate of children (if any).
Additionally you will have to paya state fee for issuing a certificate. At the moment, you will additionally require 350 rubles. Receipt of payment in the registry office. In the same place, make an application for a certificate of divorce. That's all. It remains only to wait until you are given the appropriate document. In fact, divorce in court is not as simple as it seems. Especially if you have children. In this case, you must show documents about your earnings, as well as housing.
Now it is clear how a claim can be madeto file. Divorce without the consent of the spouse is a laborious process. To him, as already mentioned, it is necessary to prepare in advance. If you have witnesses who are able to influence the course of the case, invite them to the meeting and indicate in the lawsuit.