During the registration of a marriage, all newlyweds are happy and in love, but after some time the boat of family relations can leak, and in order not to torment each other, the spouses decide on a divorce. However, life is unpredictable, and when a woman already decides to divorce, it often turns out that her husband is against divorce. Is it possible to divorce without the consent of her husband?
What does the law say?
If you turn to the Family Code of the Russian Federation and read article 21, it will become clear that divorce without the approval of one of the spouses is possible only in the courtroom. Article 21 of the RF IC also says that a wife can sue even if the spouse does not seem to be against divorce, but does not seek to file an application with the registry office.
An exception...
It is no secret that in Russian law, divorce proceedings without the consent of spouses are possible only in the courtroom. However, there are exceptions to any rule, therefore, even in the Constitution of the Russian Federation there are special cases of divorce. Is it possible to divorce without the consent of her husband? In special cases, the law provides for divorce without mutual consent through the registry office.
Under what circumstances can a spouse get a divorce from a registry office?
- In the case when a man was convicted of a crime and he is serving a sentence in a correctional colony (the total term of imprisonment should be more than 3 years). It is worth considering that the conditional punishment of the spouse is not a good reason for divorce in the registry office, and divorce with a conditional term is carried out in court.
- Recognizing a spouse as an incompetent citizen can help a woman get a divorce. In order for the spouse to be able to apply to the registry office, she must have in her hands a court decision on recognizing her husband as legally incompetent.
- The wife will be able to apply for a divorce to the registry office in the event that her husband is officially declared missing.
What do you need when contacting the registry office?
Is it possible to divorce without the consent of her husband when applying to the registry office? If a woman’s situation falls under one of the above exceptions, then she can safely collect documents to dissolve the family in the registry office. First, the wife needs to contact the registry office at the place of residence of one of the couple or at the place of marriage. In order for the divorce to take place, a woman needs to fill out all the columns of the application available at the registration authorities.
The statement shall indicate:
- Information about both spouses. For a divorce, you must specify the full name participants in the adjustable process, the date and place of birth of the spouses, their citizenship, place of residence. It is worth noting that in the case when the husband's current place of residence is unknown, the spouse must indicate the last address that she knows. In addition to this information, if desired, a woman may indicate information about education, nationality, or the number of minor children.
- In addition to the application, the woman must provide good reason for the dissolution of the marriage without the consent of the spouse , the data of the marriage registration act, and also attach a court decision recognizing the husband as legally incompetent, untimely absent or convicted. If the spouse is incapacitated, the wife must also provide the contact details of the guardian, and if he is in prison, the exact address of the correctional institution must be indicated.
- In addition, the woman must decide in advance about her last name after the divorce , as well as provide her passport and a check on the payment of state duty.
After providing all the documentation and correctly filling in all the column of applications to authorized employees of the registry office, exactly 30 days are allocated for divorce. At the same time, exactly 1 month later, for the official procedure for divorce, the spouse must personally appear in the registry office. As soon as the registry office decides on a divorce, the spouse must obtain a divorce certificate. A woman must send a clear photocopy by mail to her ex-spouse at his last place of registration.
It is worth noting that the positive answer to the question "Is it possible to divorce without the consent of her husband in the registry office?" a woman can only receive if she and her husband have no disagreements regarding the residence and upbringing of common children, as well as property and other disputes.
Divorce in court
To the question “Is it possible to divorce without the consent of the husband if there are no children?”, The Russian law answers positively, however, to start the divorce proceedings, the wife needs to contact the court registry and draw up a statement of claim.
It is worth noting that the speed of the divorce proceedings, as well as a positive decision in a court session, depend on the correctness of the preparation of the claim. In the lawsuit, the spouse must indicate the reason for the dissolution of the marriage, legal grounds for its dissolution unilaterally, as well as the resolution of property and housing disputes.
In addition to the statement of claim, the plaintiff must provide the following documents:
- Original marriage certificate.
- Check on payment of state duty.
- The power of attorney of the plaintiff, provided that her lawyer will represent the interests of the court.
It is worth noting that the list of documentation is mandatory, but in some cases other documents may be required from the plaintiff when filing a lawsuit. The lawsuit must be filed with the magistrate's court at the place of residence of the defendant. The judge may also resolve controversial issues regarding jointly acquired property in the event that the total amount of property does not exceed 100,000 rubles.
Possible outcome of the lawsuit
After considering the statement of claim, the judge can make one of 3 decisions:
- Satisfy the claim and divorce the spouses.
- Postpone consideration for 3 months and allow spouses to reconcile.
- Deny the plaintiff's claim.
It is worth noting that if a man and a woman reconcile in the time allotted to them, then divorce does not occur. If after 3 months the spouse continues to insist on divorce, then the marriage is dissolved.
Epic Continuation
A few days after the hearing, the plaintiff will be given a copy of the court’s decision on divorce. However, this document comes into force only 30 days after its preparation. And even then, the marriage between the spouses is not considered to be dissolved, because for the official dissolution of the marriage the plaintiff must contact the registry office and make changes to the civil registration book.
How to file for divorce, being pregnant or having minor children?
With childless married couples, everything is more or less clear, but what about pregnant wives or those couples who have minor children?
Can a pregnant woman get a divorce without the consent of her husband?
In Russian law, there is not a word that a pregnant spouse is required to have a spouse's consent to divorce. If a woman is in a position, and her husband is against divorce, then the termination of the marriage by law occurs on a common basis. In addition to the main question - is it possible to divorce without the consent of her husband, while pregnant - the spouse must also decide on the recovery of alimony from her ex-husband. A pregnant spouse relies not only on the maintenance of the unborn child, but also on its maintenance.
Is it possible to divorce without the consent of her husband, if there is a child? The situation is slightly different for couples who have minor children, because most often the judge tries to save the family, so she can’t do without a 3-month period for reconciliation. In addition, spouses need to resolve all issues related to living, maintaining and raising common children.
Is it possible to divorce without the consent of her husband in Belarus?
The family code of the Republic of Belarus clearly states that divorce is possible only in court, while a divorce can be made either in general or in a special manner. A special divorce procedure means that the court does not give spouses time for reconciliation and divorces them immediately.
Summary
During the wedding ceremony, the newlyweds think that their marriage will last forever, but no one knows how the family life will actually turn out. Often a woman gets tired of family quarrels and turmoil, betrayal of her husband, misunderstanding or assault, and decides to divorce.
However, not every spouse agrees to divorce calmly and in a civilized manner, so the question arises before a woman: is it possible to divorce without the consent of her husband? Women should not panic ahead of time and despair, because although marriages are in heaven, they are still dissolved on earth. As can be seen from the above, the answer to the question "Is it possible to divorce without the consent of her husband?" obvious. Any woman will be able to terminate the marriage without the consent of her spouse, only she will have to apply either to the registry office or to the court.