In our country, every year there are more and more divorces. Today, for every two weddings, there is one divorce, and more often than not, women tend to break off relations.
The question of how to divorce unilaterally through the registry office worries many, as the second side often objects. Before applying, you should carefully consider the situation.
Divorce
You can apply for a divorce on the basis of only the unwillingness of one spouse to remain in the family. However, such an argument is not acceptable for a husband whose spouse is pregnant or engaged in raising a child under the age of one year. In this case, the wife has the right to divorce at any time, regardless of the condition and number of children.
If the second party does not mind, but for various reasons is not able to go to the registry office for confirmation, you can act in two ways:
- A spouse who cannot appear will notify the notary of the application and send it to the other party or immediately to the registry office / court.
- A party that is not able to attend is entitled to send a representative.
The registry office has the right to assure the change of family status in the event that one of the parties is not present, but has expressed consent in another way or has not informed about its decision. If the second spouse is against divorce, then you must go to court.
You should know that the divorce of spouses in court can occur with the use of the institution of absentee proceedings:
- In the event that the defendant was notified of the hearing, but did not appear for him without good reason and did not give consent to the consideration of the case without him, the court may make an absentee decision. Certain rules are established for appealing against such a determination: the defendant must file a request for its cancellation with the court that issued the decision. You can do this within a week, starting from the moment you receive a copy of the court decision.
- If the defendant indicates the objective reason for the failure to appear and the inability to warn about it in advance, the court may reverse the previous decision. After that, the process will resume, but both parties will have to appear at each meeting, since the absentee decision can only be canceled once.
How to divorce unilaterally through the registry office
This can be done at the request of one spouse, without a court decision, if the second party:
- incapable;
- gone missing;
- is in prison (sentence must be for more than 3 years).
Without the consent of the spouse, the registry office will be divorced only for these reasons. It is important to know that if spouses have children, the registry office will not be able to help with a divorce, even with the consent of both parties. This can only be done through court.
Automatic scam
If none of the options for how to divorce unilaterally through the registry office is suitable, you can issue an automatic divorce. This may be required, for example, if the spouse is afraid of her husband and wants to terminate the marriage so that he does not know about it.
To do this, it is imperative that the other party does not attend three consecutive hearings. It is interesting that in this case the court does not care about the reason: did not want, could not, did not know.
The presence of this paragraph is explained by the fact that the court considers repeated failure to appear as an attempt to obstruct the process. Undoubtedly, this approach is often harmful to one of the parties, however, it always has the opportunity to challenge the court decision by filing a lawsuit to restore the rights to children or part of the common property.
Good reasons
When thinking about how to divorce unilaterally through a registry office or court, you should know what reasons are considered significant. The legislation of our country is based on the principles of freedom of choice, including civil status. To terminate the marriage there is no need to invent or look for reasons - enough unwillingness to continue the relationship.
9 out of 10 lawsuits for divorce are satisfied, since no one can force a person to live with someone against his will. Complicated difficulties may affect couples who have disagreements on issues of common property or the place of residence of children.
Documents for divorce
Knowing how to divorce through the registry office unilaterally, you need to prepare a package of documents for this:
- Statement.
- Sv-in about marriage.
- Identification.
- A document certifying the impossibility of the presence of the second party (medical certificate of incapacity, a certificate from the prison on the term of imprisonment, a document on recognition of missing persons).
If you want to initiate a unilateral divorce of spouses in court, you must add other documents:
- Sv-va about the appearance of children.
- Documents for joint property.
Preparation of a statement of claim
Before you file for a divorce through a court or registry office unilaterally, it is very important to correctly file a statement. This can be done both independently and with the help of lawyers.
Conditionally, the application is divided into three parts. The formal must specify the details of the court, plaintiff and defendant. If alimony is collected at the same time as the divorce, then in this part the data of the children should be indicated.
Next is the narrative of the lawsuit, which should briefly tell the story of the family. When the marriage was made, when in fact the relationship ended, for what reason the decision to divorce was made. Experts advise to inform that in the future the plaintiff considers it impossible to lead a family life. The most important thing is to report the defendant's disagreement with the divorce.
In the third part, it is necessary to indicate the rules of law, on the basis of which the plaintiff makes claims, and list the requirements themselves - a lawyer will come in handy here.
At the end of the application, a list of applications, a signature and a date are required.
Application
If you have already figured out how to divorce through the registry office unilaterally, and realized that this path is not suitable, you need to go to court. Preliminarily, the schedule of its work should be clarified.
The statement must be in triplicate: the court, the plaintiff and the defendant. Copies of the annexes should be made in two copies: the court and the defendant. Copies remain with the plaintiff. When filing a lawsuit, you should have the originals with you so that their copies are certified in court.
After that, you should expect a date.
Divorce unilaterally through a court or registry office, in accordance with applicable laws, is possible. The main thing is to take into account all the nuances when filling out the application.