Is it possible to get a divorce? How to apply for divorce at the registry office without a husband. Practice of divorce proceedings in different regions of Russia

The marriage union is concluded only on a voluntary basis by both newlyweds. But what if during family life one of them wants to end the family relationship?

Sometimes it happens that the second spouse does not want to get a divorce, or for certain reasons avoids going to the registry office or court.

In this case, it is important to know how to divorce your husband without his consent. And most importantly, you must follow the prescribed procedure for filing a unilateral divorce.

The Family Code allows unilateral divorce without the presence of the husband, but the main thing is to know all the nuances for filing a divorce. The first of them is the government body that will file the divorce.

There are 2 options for divorce:

through the registry office;
through the court.

In both cases, the absence of a husband is possible, but the registry office imposes more stringent requirements for registering a divorce in this case.

It is important to understand that civil registry offices can register civil status acts only if both people agree to this and there are no disputes between them.

If there is a child, then such a divorce cannot be carried out by the registry office, since upon divorce the fate of the child is decided.

Government authorities are obliged to ensure that the rights of a minor citizen will not be infringed during the divorce process.

Therefore, in the registry office, a marriage is dissolved if the following conditions are met:

if both people agree to this;
if there are no children from a joint marriage;
if there is no property that the spouses cannot divide among themselves peacefully.

The presence of all these conditions makes it possible for a husband and wife to get a divorce without a trial. This can save a lot of time and nerves.

But the registry office employees, at their discretion, can provide this couple with an additional 2 months for reconciliation. If they also come within the specified period, their marriage will be dissolved.

Is it possible to get a divorce without the presence of your husband at the registry office? The law does not prohibit authorities from refusing a couple simply because they both failed to appear to submit an application.

There can be many reasons for the absence of a husband:

he can leave for permanent residence in another city or country;
he may be seriously ill;
he may be serving a criminal sentence.

And various reasons are also possible. But the registry office employees are obliged to make sure that the absent spouse really wants to formalize the divorce.

In addition, they must know that the application was signed by the citizen himself or his representative legally.

In order to determine whether it is possible to file a divorce in the absence of a spouse, you need to know the reason why he cannot appear at the registry office.

There are 3 main options:

a valid reason, supported by documents;
transferring your powers to a trusted person to file a divorce;
avoidance of divorce.

Good reasons include all those circumstances that force him to be in another place. This could be illness, work, permanent residence.

Then the person must document them. He can fill out an application for divorce and have it certified by a notary. Such a document will be the basis for confirming the person’s consent.

Then the wife will have to fill out the second part of this application in the presence of the registry office employees, and the divorce will be finalized.

In addition, each person can transfer partial of his powers to perform certain actions on his behalf to a trusted person.

In this case, a power of attorney is issued to the notary to sign the divorce application. Then the divorce will be carried out in the presence of this person and the second spouse.

If the husband simply avoids being present, it will not be possible to obtain a divorce from the registry office. Therefore, if the question arises whether it is possible to divorce without the consent of the husband, then this is permissible, but only in court.

There are some other circumstances when a divorce can still be effected without the presence and consent of the husband. Such situations include:

if the husband is declared incompetent by the court, and there is a corresponding decision about this;
if the husband is declared missing and there is also a court decision;
if the husband is serving a criminal sentence and there is a court decision that has entered into force.

A similar situation is allowed when a husband files an application for divorce from his wife. If such circumstances exist, it is not the joint application form for divorce that is filled out, but Form 9.

In it, the applicant writes down all the necessary information on his own behalf and indicates the reason for the absence of the second spouse, which gives the right to divorce unilaterally.

All controversial issues in Russia are always resolved in courts. Therefore, if there is any dispute regarding the divorce itself or the division of property after it, you need to go to court.

The jurisdiction of the judicial authorities also includes divorces in which minor children are involved, since the interests of the child must be taken into account when registering this procedure.

It is important to know which authority to apply for divorce to. The following questions are considered:

justices of the peace;
district or city courts.

Each of these authorities has its own jurisdiction over cases. Magistrate judges consider claims in which:

one of the spouses does not want to get a divorce or is avoiding a divorce;
when there is a property dispute worth up to 50 thousand rubles.

All other cases are within the jurisdiction of city or district courts only. Among other things, they consider:

divorces involving minors from a common marriage;
divorces with a property dispute over 50 thousand rubles.

As a general rule, the plaintiff must file a claim in the court that is located at the defendant’s place of residence. But in exceptional cases, it is possible to submit an application at your place of residence.

These situations may include:

inability to attend a court hearing in another locality due to a small child;
inability to attend the trial due to the state of one’s health or the health of close relatives.

There may also be some other reasons. They must be documented. This evidence is submitted simultaneously to the court office along with the claim itself.

Divorce without the presence of one of the spouses is possible under the following circumstances::

This citizen was notified in the manner prescribed by law about the date and time of the meeting.
This person did not provide any evidence of valid reasons for missing the meeting.

In this case, the judge has the right to postpone the hearing several times, but usually on the third time he makes a decision on divorce.

The notification procedure is as follows:

the person is sent a summons by letter to the place of his registration and residence;
he may also receive an additional call from the office a few days before the meeting on his cell, work or home phone.

Consideration of cases when rescheduled is usually scheduled with a difference of a month. Thus, within 3 months, the spouse will be able to file for divorce without the consent of the husband.

A copy of the decision will be sent to him by mail within 3 days.

Cases are more difficult and take longer to consider when the husband not only does not agree with the divorce, but also creates various disputes regarding the division of property or the place of residence of the child.

In this case, the case may be postponed several times at the request of the parties in order to provide them with the opportunity to reach an agreement amicably or to find evidence to support their claims.

But if the defendant each time submits documents confirming valid reasons for his absence, the process will be postponed each time. This transfer procedure can occur an unlimited number of times.

Depending on the place where the application is sent, the procedure for its preparation will be different. When submitting it to the registry office, you must use the established standard forms to fill out the document.

In this case, it is necessary to fill out it in front of the registry office employees. When the spouse is absent, but the wife has valid grounds for filing a divorce, Form 9 is completed.

The procedure will be as follows:

It is necessary to indicate the registry office department to which this document is sent.
Next, you need to write the applicant’s full name.
The text itself contains the name of the second spouse with whom a divorce must be made.
Next, all information is entered into a tabular form about both spouses. This includes: full name, date and place of birth, citizenship and nationality, place of residence.
A mandatory separate clause specifies the grounds for divorce. Only 3 options are allowed here: the husband’s incapacity, his disappearance and criminal punishment.
Below it is indicated what surname the applicant wants to have after the divorce.
Next is the date and signature.

In all other situations, a joint application for divorce in Form 10 is completed. The procedure for filling it out requires the presence of both spouses.

As an exception, it is allowed to fill out a document remotely by one of them, but then it must have a notary’s mark on certification.

After this, the document is sent by mail or any other method to the first spouse. And he goes with him to fill out the second part in the presence of the registry office employees.

The procedure for filling out Form 10 will be as follows:

If a trustee is present during the divorce, then he fills out the information about his trustee and puts his signature. The original power of attorney is attached to the application.

Divorce is a paid procedure, so in 2020 each spouse must pay a fee of 650 rubles.

If, under certain circumstances, a divorce is carried out only at the request of one of them, then only the applicant pays the state fee and it will be 350 rubles.

The procedure for filing a claim also provides for the plaintiff’s obligation to pay a state fee. Its size is 600 rubles.

But after this, when the spouses with the court decision apply to the registry office to obtain a certificate that their marriage is dissolved, they will be forced to pay 650 rubles each again.

The procedure for filing a claim will be as follows:

You must indicate the name of the court to which the claim will be sent.
Below you must enter the applicant’s full name, passport details, registration address and telephone number.
Then similar information about the defendant is written down.
You must also indicate the cost of the claim and the amount of state duty paid.
The name of the claim, its main essence.
Next, you need to write down the details of the marriage certificate, the date of entry and by whom the marriage was registered.
The main circumstances why this divorce cannot be filed in the registry office or in another court must be stated.
Below are links to the legal acts that govern these legal relations.
Then you need to list your demands for the divorce itself and other demands related to minor children or property.
Below is a list of all attachments to the claim.
The date and signature of the applicant are placed.

It is important to remember that the plaintiff determines the cost of the claim himself. If there is no property dispute, then it must be indicated that the claim is not subject to assessment.

If there is property that the spouses share, then the plaintiff independently determines the total value. The state duty also depends on this amount, since it is paid additionally for a property dispute.

In all cases, in addition to the main application, other documents are required. These include:

In some circumstances, certain other documents may be required, especially when the dispute is being heard in court.

Here certificates of income of each spouse and existing property can be presented. This information may be needed to determine the future residence of joint children.

Thus, it is possible to carry out a divorce without the consent of the spouse, but it is important to know how this procedure is carried out in order to submit an application of a certain form to the right authority.

In addition, it is important to collect a complete list of papers required to determine the reasons for the husband’s disagreement. All controversial issues will always be resolved in court.

Therefore, when it is not possible to reach an agreement peacefully, each spouse should know that the divorce will still be filed if one spouse wishes it.

Although, as practice shows, protracted consideration of such cases often leads to the fact that a married couple decides not to destroy their union.

That is why, from the first time, judges and registry office employees prefer not to dissolve the marriage of spouses, but provide time for reconciliation.

Video: How to divorce your husband without his consent?

The number of divorces in the country is growing. There are many of them among believers. Meanwhile, according to church canons, anyone who divorces without proper grounds and remarries is an adulterer. We are talking with Archpriest Nikolai Emelyanov, vice-rector of the Theological Institute of PSTGU, about what the grounds may be and whether there are any rules for “church” divorce at all.

Are there circumstances that objectively allow people to get a divorce? What is the Church's position on this matter?

Divorce is a very difficult topic. For some reason, now they like to talk more about divorce than about family, about single mothers than about families with many children, about defrocked women than about priests, about corrupt officials than about honest people, etc. The essence of church life is that it is turned to the positive side of life. The Church gives examples and rules for a happy family life, but does not give examples of an unhappy life and rules for divorce. At one time, I was very surprised when one deeply religious German student of the Lutheran Theological Faculty spoke about a divorce in the family of a female Lutheran bishop. For this German student, this was an example of how a Christian should behave in a situation of divorce. Even in the middle of the last century, divorce in the family of a German pastor was unheard of, but now the bishop is setting an example of divorce. There is something deeply contradictory, deeply wrong in this, i.e. something for which there cannot be any rule in the Church.

It is from this point of view that the church canons on divorce must be perceived*. These are in no way “divorce rules”, not instructions on how to get a divorce “in the church way.” This is an indication of what to do if the marriage has already broken down. It is not for nothing that in the Church there is no rite of “debunking” or “church” divorce. There is only a blessing for a second marriage, which must be obtained from the bishop if a person, after the breakup of a marriage, decides to start a family again. Therefore, raising the question of the circumstances that allow people to get a divorce is incorrect. The question can be put differently - when can we say objectively that a marriage has broken up? The Lord Himself answers this question when He says that divorce is possible only in the event of physical betrayal by a spouse.

Of course, this does not mean that there are not other reasons and situations when a marriage breaks up. The fact is that only in this situation can one assert with complete objectivity that this is so. Moreover, it is not always the case that after one of the spouses cheats, the family breaks up. But even in this case, betrayal causes such harm to the family, which can finally be overcome only by the special gracious action of God, through repentance and enormous spiritual work.

It turns out that even a single “rule” about divorce is not a rule at all, not an instruction for action. Is it possible to get a divorce after your spouse cheats? It seems possible, but it turns out that it is possible to save and revive the family. Even in this hopeless situation, the Christian is faced with a choice. He can overcome the consequences of this tragedy alone, or he can try to overcome them together with his spouse.

This is the only church “rule on divorce.” There is only one thing the Church speaks absolutely definitely about in this situation. No matter who we think is at fault, everyone should make every effort to overcome the divorce. How and in what way is always big question. Perhaps this needs to be done together, and experience shows that the family always has this opportunity. There may be situations when you have to overcome the consequences of divorce separately and everyone has to build a separate life. One thing is always true - this overcoming, which in the Church is called repentance, must necessarily happen.

Subjective reasons: we are not suitable for each other, we are bored with each other, we do not know how to give in, we do not want to be together, we annoy each other... - can they become a reason for believers to divorce?

None of these factors is the cause of family destruction. All this is rather a consequence of some incorrect structure. After all, when people got married, none of this happened. It’s just that their lives turned out to be so arranged that they did not move towards each other, but gradually diverged more and more and moved away. If this discrepancy begins in the family, then the alarm should be sounded immediately, and not when suddenly the husband and wife realize with surprise that they are “not suitable” for each other. For this, there is and is an extremely necessary period before the wedding, when it is possible and necessary to understand whether we are capable of such a movement towards. It can be expressed in friendship, in the ability of the two of us to do something not for ourselves, or to communicate with someone else, especially if this third person is God. Therefore, it is so important that in a family the husband and wife constantly ask themselves: are we moving in the right direction? This is precisely what the Sacrament of Confession serves in the Church.

We got married because our parents wanted it, but we don’t love each other and want to break up. Can?

During the wedding, the bride and groom are asked whether they are entering into marriage voluntarily. Forced marriage has always been considered impossible in the Church. Nevertheless, there have been and will be marriages that were concluded one way or another, if not under duress, then taking into account some external circumstances. In this case, the Church is very strict about the Sacrament of Wedding. If you answer the priest’s question before the wedding that you agree to the marriage, this means that you take all external conditions and even pressure on you for granted. You take full responsibility for your marriage, including the actions of other people involved in your life. From now on, you will never be able to say that someone else decided it for you. It becomes your decision alone. In modern life, it is very rare for a marriage to be concluded under parental pressure. One very experienced confessor once said in a sermon at a wedding that now there is something completely wrong to worry about. Now you need to ask the exact opposite: “Have you told your parents that you are getting married? Have they received their approval and consent?”

Is divorce the end of a family?

No, it's not the end. On the one hand, it happens that the family is restored. On the other hand, family relationships are so deep that even if you never see or hear from your divorced spouse again in your life, the connection with him remains. You will still have to meet when the Lord calls both of you to Himself, and you must definitely prepare for this meeting. This is why overcoming the consequences of divorce is so important. This requires repentance, which can be very different. This is the third reason why divorce cannot be considered the end of the family. It often turns out that having overcome the consequences of divorce, through repentance, a person is capable of a new wonderful family life.

If a person has gangrene, it is better to amputate the limb than to wait for the death of the body. Does this principle apply to families?

If a person begins to perceive his family members as limbs, then this is already a sign of some very deep misunderstanding and insensitivity. Family is one whole. You cannot cut off her arm or leg, only her head. Therefore, amputations are impossible. There is only one way - complete recovery. In this sense, the above metaphor can be very vivid. If a “disease” has started in the family, there can only be one way out - to be cured. What is most remarkable is that the family can defeat absolutely any infection, even gangrene.

*The tenth chapter of the Fundamentals of the Social Concept of the Russian Orthodox Church regulates “issues of personal, family and public morality.” In particular, in paragraph three we find a detailed statement of the Church's position on divorce.

Previously, before marriage, I was an entrepreneur, and I earned decent money, enough to feed myself, my elderly mother, and help my daughter and grandson (times are not easy now). After getting married, I added more responsibilities and began to earn less... My husband earns well. But at the same time, he only buys food for the house. As for the rest, they beg for money or give it after quarrels and reproaches. We are talking about small sums for household needs... Besides, I am sick and require serious treatment... My husband knows this and tells me about it himself, but he takes specific actions only after quarrels and my reminders. There is no talk at all about any help or gifts for my daughter and grandson; I do this exclusively from my budget. I ask myself, maybe it’s better to get a divorce and live peacefully as before? Should I spend my life’s energy solely on work so that I can take care of myself and my loved ones?

Divorce is a complicated matter. I'll write about myself. My ex-husband is my first love. I still love him, but somehow in a different way. In our marriage we had a daughter. My husband has a very complex and somewhat tyrannical character. He started drinking and beating him (he got it once every six months). One day, I couldn’t stand it and just kicked him out. I hoped that he would return, settle down and everything would be fine. Nine years have passed. Didn't come back, he has a new family. I live with my daughter. She became less “nutty” than when she lived with him. The child also calmed down. I pray for my ex-husband. I ask my daughter to pray for him (a child’s prayer is pure and strong), I ask her not to bear any grudge against her father and to forgive him everything (she got it too bad, poor thing). If I were offered to get together with him now, I would not agree (no matter how much I missed and loved him). Everyone chooses their own path. Love each other and do not hold evil - the poison of our soul and body. I'm sorry.

I have been married to the son of a priest for 12 years, we have 5 children. Gradually, upon entering the family, I was deprived of the right to work, drive a car, or communicate with my family. I heard reproaches from my husband about how unloved he was, then he began to let go of his hands in front of the children, and said if you rush somewhere, I’ll take the children away. My fathers-in-law don’t believe me, they reproach me for everything, that I’m not that kind of wife, I have to humble myself and do what they say in silence. A glorious life in the family of a priest.

I am a member of the Seventh-day Adventist Christian Church, my (now former) husband was also a member of the church, later he converted to Orthodoxy, well, as they say, he left and left, everyone has the right to choose. We have been married for less than 3 months for 28 years. With his conversion to Orthodoxy, questions began to arise that he should not live with a Protestant (?))), I will not say that the marriage was ideal, everything was adultery on his part, on my part there was no question of divorce. When I tried to talk with the priest from the parish, the answer simply knocked me off my feet - “Perhaps you didn’t get along in character.” Further from your (Orthodox) sources I learn that divorce is justified if the spouse is a “sectarian”, Christian brothers, read the book of the prophet Jeremiah, what the Lord says about divorce. So it turns out that having committed this sin, the ex-spouse is confirmed in his rightness.

We have been living with my husband for 9 years, he is always on the road and is a truck driver. He earns money but does not like to give money. But I have children who need to be dressed, etc. if he gives, only after I give a lecture or after a quarrel. When we quarreled, I was the first to call, but he would never call first. And when I ask if I should leave, he answers, decide for yourself if you don’t want to live, go away. What should I do?

Hello! This situation has been with my husband for two years. We haven't been living very well these two years. Everything happened.. My husband beat and drank and my father-in-law constantly interfered with “good intentions.” I went to live with my mother. My husband hasn’t changed even for this. He didn’t even ask for an apology.... A month later, he changed his mind and decided to take us away... He had a row with his parents and personally insulted his father. Now the father is faced with a choice: either they or he... What to do???? I still love my husband and my parents, please help!

I found a love correspondence on my husband’s computer on one of the dating sites. This is the second time. The first time the same thing happened was more than a year ago. Then I forgave and forgot. I can not anymore. There was clear evidence of infidelity on the page. He deleted this page and claims that nothing serious happened. The marriage is not consummated. The daughter is already an adult. I haven’t loved him for a long time; he probably stopped loving me even earlier. Father blessed the divorce. I want to ask a stupid question: should I get a divorce or not?

Greetings to all readers of our site! Question from Ekaterina: I don’t love my husband, I don’t know why I agreed to marry him. Only after a while I realized that I didn’t love him, and we need completely different things from life. He wants me to be a housewife, take care of the house, cook for him, but I dream of achieving a lot in life and if I sit within four walls, I’ll just go crazy next to him. We don’t have children yet, I’ve been thinking about divorce every night for half a year now. Only I am a believer and I’m afraid of taking sin on my soul. Tell me, is divorce a sin? From the point of view of higher laws, is it possible to get divorced?

Spiritual Laws are not primitive and not categorical “divorce is not allowed, and that’s all!” There is always an individual approach, because the Higher Powers take into account absolutely everything. That's why they Higher Strength. Is not it?

People are born and live on Earth primarily in order to develop, learn, grow, become wiser, stronger, in order to learn to love this world, life, other people and much more. And everything in a person’s life, including family, means certain lessons, tasks, training, preparation for future goals. And in any learning process, there are always its own rules and individual conditions that need to be studied.

For some people, divorce is bad, for others it is good. For some, divorce is a sin; for others, it would be a sin not to divorce. Imagine, this happens.

You always need to look at what the situation is. Of course, in love you need to strive for this to happen - once and for life. But it doesn’t always work out this way, as the saying goes: “man proposes, but God disposes.”

It often happens that before two souls, two halves find each other and create their happy family, they go through important events for their future. preparatory lessons in other relationships. In other couples, they train, develop the necessary qualities, learn to love, forgive, endure, understand people, and much more. So that later, when you meet your true soul mate, “not to spoil the buzz,” but to be prepared for any difficulties in family relationships.

Understanding the Laws of Love. When is divorce allowed?

Love also has its own laws. For example, the law of correspondence, which states - “Love prefers equals” . Therefore, if this is “not your” person, feel free to get a divorce, you don’t need him!

If this person only wants to grow cucumbers and sip beer in the evenings in front of the TV, and you are striving for a completely different life, you want to live at a different height - feel free to get a divorce, this is not your soul mate! To fly together, the birds must be of the same flight level!

If your, so to speak, “beloved” person turns out to be vile, unfaithful, incorrigibly selfish, cruel, deceitful - boldly get a divorce! Why do you need a scoundrel and a scoundrel?

If you respect yourself, look for And those, just And those with God worthy person to be your life partner, not just anyone!

Remember, all true marriages are made in Heaven, with God's blessing!

But not all marriages are “true”, that is, blessed by God. It also happens that a marriage that was once approved by the Higher Powers may now be condemned to dissolution. Because people themselves ruined everything: they destroyed once beautiful and strong feelings, accumulated tanks of resentment and hatred against each other, etc. Such a marriage is a source of negativity for everyone around and must be condemned. And all because people do not want to develop and learn - to learn patience, kindness, compromise, true love, and not selfish, etc.

Another law is the law of development!

A good family, in order for everything to be wonderful for it, must develop! Each family member must develop and grow! And if one of the spouses stops, or even worse, begins to slide down, degrade (drink too much, etc.), and the other spouse goes up, works on himself, his career - after a while these people become strangers to each other, strangers spirit, different in level and interests.

In such a situation, the person who is not going anywhere becomes a burden for the one who is growing according to fate, being a brake and ballast. If the marriage cannot be saved, it is condemned (all conditions are created to divorce people).

There are other laws and conditions.

Important Recommendation! If you don’t want to make a mistake, you want to understand exactly what you should do - get a divorce or fight to save your family - I recommend working individually with. Good Healer, Firstly– will be able to accurately tell the root causes of the situation in which you find yourself, Secondly- will tell you what to do, how to work on yourself so that everything is resolved in the best possible way, and Thirdly– will help you figure out whether your person is actually near you or not, maybe your soulmate is looking for you somewhere, and you’re wasting your time on someone who doesn’t know (this happens).

If you decide to work with a Spiritual Healer -!

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The law makes the divorce procedure somewhat more complicated if the second spouse does not end the marriage relationship and interferes with it in every possible way. It is impossible to simply end a marriage, even if the husband himself does not hide from the dissolution of the marriage. Is it possible and how to get a divorce in the registry office without a husband? We will look at this in this publication.

General rules for divorce through the registry office

To obtain a divorce through the registry office, the spouses must submit a joint application. If one of the spouses cannot be present, then separate applications are allowed, and the absent spouse can notarize it. Then the signature of the absent spouse on the application must be notarized.

A joint application for divorce can be submitted to the registry office if the spouses do not have common children and they agree to end the family union. To complete the application, you must provide a marriage certificate, passports of both spouses and pay the state fee.

In this case, the marriage is dissolved quickly and without problems, but for such a procedure it is necessary:

participation of the second spouse;
consent of both spouses to divorce;
absence of children.

Divorce through the registry office without a husband is possible only in exceptional cases.

How to divorce a marriage in the registry office without the knowledge of the husband

The law provides for the following grounds for divorce in the registry office without a husband:

In the cases established by Art. 19 RF IC.

You can submit an application to the registry office for divorce without the consent of the other spouse, and even if you have small children together, only in the following exceptional situations:

if the second spouse is missing and this fact is established by a court decision;
when the second spouse is declared incompetent by a court decision;
if the second spouse is sentenced to a prison term of more than 3 years.

Without the personal participation of the husband. Perhaps in a situation where the spouse lives in another city.

Unilateral divorce

The listed conditions are specified in Art. 19 of the RF IC and only they give the wife grounds to dissolve the marriage without the knowledge of the husband through the registry office. Similar rules apply if the divorce is initiated by a man.

The marriage is dissolved by the civil registry office under the listed conditions one month after the application is submitted.

Reducing such a period is not allowed, as well as increasing it. The date of termination of the marriage is set in advance and upon arrival at the registry office of the applicant, the corresponding civil status record is made.

The husband, who is in prison, is notified by the registry office of the impending divorce, but his opinion does not have any key significance. According to the laws of the constituent entities of the Russian Federation, state registration of a divorce can be carried out in the administrations of municipalities, for example, in urban or rural settlements.

List of documents

To initiate a divorce without the knowledge of the husband on the grounds listed in Art. 19 of the RF IC, you need to contact the registry office at the place of registration of marriage or residence of one of the spouses with a corresponding application.

The application is submitted in Form No. 10, established by Order of the Ministry of Justice of Russia of 2018 No. 201, and contains:

information about spouses;
passport details;
information about marriage registration;
grounds for unilateral termination of marriage.

The application is filled out by civil registry office employees through a special program and then handed over to the applicant for signing.

Sample form form 10

To complete an application, in case of divorce through the registry office without a husband, you must provide a written basis for a unilateral divorce:

a court decision on the unknown absence of a citizen;
court decision on incapacity;
a copy of the sentence imposing a sentence of imprisonment.

Any of the listed documents must be certified in the prescribed manner, have the blue seal of the court, a mark of entry into legal force and the signature of the judge. It is possible that a certificate of serving the sentence may be required if the spouse is given a prison sentence in a penal colony with independent transportation to the place of departure.

In addition, the application must be accompanied by:

marriage registration certificate (may not be provided if the marriage was concluded in the same registry office);
passport (will be returned after filling out the application);
original receipt for payment of the duty.

The fee for this type of divorce in 2020 is 350 rubles.

The presence of controversial situations (common children, property claims) does not affect the possibility of divorce without the husband’s knowledge on the grounds specified in the paragraph above.

If the husband lives in another city

If you live, the marriage can be dissolved without him coming to court, but you must notify him. In addition, a notarized application for divorce will be required from a husband living in another city.

In such a situation, one application is drawn up by the spouse. The second copy is filled out by the husband and sent to the registry office or to the second spouse.

Sample application form No. 11

Women are sensitive, impressionable, unpredictable, passionate. In a fit of emotion, they sometimes commit recklessness. However, women have an amazing ability to suppress the most bitter feelings and forgive great grievances if this is the price of preserving the family. A woman will doubt for a long time whether to file for divorce, but when she makes the final decision, it will not be just passions.

Is it possible to get a divorce without my husband's consent?

Yes, it is quite possible! Moreover, a woman, unlike a man, can do this at any time!

Are there any restrictions on divorce without the husband's consent?

In general, divorce without the consent of the spouse occurs according to the same rules as. With one exception. A wife has the right to file for divorce while pregnant and during the first year after giving birth. A man is deprived of such a right.

That is, A woman has no barriers to divorce. Except for the disagreement of her own husband. But this obstacle is completely surmountable from the point of view of the law.

Question. My wife is going to file for divorce. Naturally, I don’t agree to this. She is five months pregnant. IN Lately became irritable, whiny, angry for no reason. I assume that the reason for this is “hormonal storms” in her body. She has no serious grounds for divorce. As far as I know, it is impossible to get a divorce during pregnancy and the first year of a child’s life? This is true? Or can the court grant her request for divorce without my consent?

Lawyer's answer. The ban does indeed exist. But it only applies to men. Your wife, despite her situation, does have the right to file for divorce. Since you do not consent, the court will consider her application for divorce. The court may appoint period for reconciliation from 1 to 3 months Perhaps during this time you will be able to convince your spouse and save the family. Or perhaps, given her fickle emotional condition, the matter will not come to divorce.

Ways to file a divorce without the consent of the husband

In this case, you can get a divorce either through the registry office or through the court, depending on the circumstances.

Divorce without a husband through the registry office

The basis for divorce through the registry office is the filing of a joint application by the spouses. Of course, if the husband does not want to get a divorce, the wife will not be able to get a joint visit to the registry office.

Divorce procedure if there is no consent of the husband

No matter how the husband expresses his disagreement, the marriage will be dissolved in court at the request of the wife. Evasion or refusal to participate in the divorce process, although it will affect the duration of the consideration of the case, will not prevent its final result - the adoption of a court decision in favor of the wife.

The procedure for divorce without the husband's consent consists of several stages.

Preparing a claim for divorce

The statement of claim must consist of three parts:

formal part	contains the name of the court, information about spouses (surnames, first names and patronymics, dates of birth, residential addresses), information about children;
descriptive part	contains information about the time and place of marriage, a description of family circumstances at the present time, an indication of the reasons why the marriage should be dissolved, evidence and arguments of the wife. It should be indicated how the issue with children and common property should be resolved;
pleading part	contains a request for divorce and fulfillment of other requirements (appointment of alimony, division of property).

The following documents are attached to the statement of claim:

copy of the passport;
a copy of the statement of claim (to send to your husband);
Marriage certificate;
copies of children's birth certificates;
other documents (for example, income certificates, characteristics);
a mandatory attachment is a receipt for payment of the fee for filing an application with the court (600 rubles).

Procedure for considering a case in court

If the documents are drawn up correctly, the court opens the paperwork and sets a date for the court hearing (no earlier than in 1 month after filing a claim) and notifies the spouses about it.

Expert opinion

Alexey Petrushin

Lawyer. Specialization: family and housing law.

During the hearing, the court clarifies the circumstances of the case: asks about family relationships and considers the agreements submitted to the court on the place of residence of children and the division of property, establishes the likelihood of reconciliation of the spouses and preservation of the family.

If the husband expresses categorical disagreement with the divorce, the court may postpone the hearing of the case and order. Otherwise, the final result of the consideration of the case may be a court decision on divorce.

The divorce decree comes into force after 30 days after removal. The husband and wife receive an extract from the court decision to apply to the registry office and register the act of divorce.

Question. About two weeks have passed since the divorce was decided in court. Today my husband came to visit his daughter for her birthday. He brought gifts, spends a lot of time with the children, and shows me signs of attention. I see that my husband sincerely regrets the breakup of the family. Is it possible to overturn a court decision? How?

Answer. Yes, you can overturn a court decision by doing it. The appeal should indicate that the spouses have reconciled and do not want to dissolve the marriage. Based on the plaintiff’s refusal of his claim, the appellate court cancels the earlier decision about divorce and terminates the proceedings.

Divorce term without husband's consent

No less 2 months takes place from the filing of the application and ending with the entry into force of the court decision. The duration of the divorce procedure may be increased due to the appointment of a conciliation period ( from 1 to 3 months), due to the postponement of court hearings. Even after a court decision is made, the husband can file an appeal, which can also delay the divorce process for several months.

The reasons for deliberately delaying the legal process may be a sincere reluctance to get a divorce, an intention to carry out transactions with common property, or a search for ways to “sue” children.

To prevent this, you should correctly file a statement of claim (indicate the impossibility of reconciliation), collect a sufficient amount of evidence (certificates, witness statements, checks and receipts, expert assessments), and possibly enlist the professional support of lawyers.

Brief summary:

A wife has the right to divorce her husband regardless of the latter's consent.
Divorce is allowed during pregnancy or in the first year of the baby's life - on the initiative of the child's mother.
If the husband does not agree to the divorce, the issue is resolved in court.
A woman needs to file a claim, collect documents, pay a state fee and submit them to the court (magistrate or district).
The period will be at least 2 months. If the defendant (husband) disagrees, the court sets a conciliation period.
The court decision on divorce must be taken to the registry office, where they will issue divorce certificates.
If the court has not yet made a decision, and the spouses have managed to reconcile, you can abandon the claims and file an appeal, then the divorce will not take place.