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Quick divorce without the presence of a spouse. Is it possible to get a divorce without the presence of a husband or wife




The divorce procedure is more than regulated in detail by the norms of family law. If marriage registration initially implies free will and the presence of both newlyweds, then the process of dissolution family relations can be carried out without the presence of one of the spouses, and sometimes without the consent.

Is it possible to get a divorce without personal presence

Yes, the current legislation allows for the possible dissolution of a marriage both in the registry office and in court without a personal presence. However, in each case it is necessary to comply with a number of conditions and restrictions.

The reasons for non-appearance in this case are not of particular importance, although their respectfulness is highly desirable. The most important thing is to follow the procedure for notifying the competent authority - the registry office or the court - about the impossibility of appearing for a divorce and sending all the necessary documents.

When is divorce possible without presence

The standard rule for the termination of a marriage is the participation of both spouses. In this case, the whole procedure takes the shortest possible time, as it allows you to determine the attitude of both parties to the divorce.

Divorce without the presence of spouses is carried out
Through the registry office With the mutual consent of the spouses, if they do not have children, or if the spouse is sentenced to serve a sentence for a term of 3 years or more, as well as if one of the spouses is recognized as incapacitated or missing.
Through the world court In case of disagreement of one of the spouses with the divorce, if there are joint children and there are no disagreements about their place of residence. Also, through the world court, you can file a divorce suit with a division of property in the amount of not more than 50 thousand rubles.
Through the district court If there are disputes about the place of residence of children and their upbringing, as well as with the simultaneous division of property in the amount of more than 50 thousand rubles.

Divorce without the participation of a husband or wife is provided for by family law, but the specifics of holding a court session without the presence of one of the parties are regulated by the Code of Civil Procedure.

Is it possible to divorce without being present at the registry office. Terms

The Family Code of the Russian Federation allows the following situations in which the presence of the second spouse is not mandatory when terminating family relations in the registry office:

  1. Consent to divorce (application) is drawn up in a notarized application and sent to the territorial body of the registry office;
  2. The second spouse is officially recognized by the court as missing or incompetent;
  3. The husband was sentenced to more than three years in prison for the crime.

Accordingly, in order to confirm paragraphs 2 and 3, it is necessary to submit a certified and duly executed court decision (verdict).

For a divorce through the registry office without presence, you must submit:

  1. Application for divorce (the form can be obtained from the registry office);
  2. The passport.
  3. Marriage certificate.
  4. Receipt of payment of the state duty in the amount established by Art. 333.26 of the Tax Code of the Russian Federation:
    • 350 rubles for the dissolution of a marriage with a spouse recognized as missing or in places of deprivation of liberty;
    • 650 rubles from each of the spouses by mutual agreement or by court decision.
  5. Documents confirming the grounds for divorce without presence: court decisions, notarial consent, etc.

Please note: experienced lawyers-experts of our site will not only help to collect such documents, but also provide a full range of services in related lawsuits on recognizing the second spouse as missing or incapacitated. Request an online consultation right now!

What to do if it is not possible to come to the registry office

If the parties have no objections regarding the divorce, and there are no minor children in the family, the spouses can register the divorce without their presence.

The law allows two ways of such a divorce:

  • Issuance of a notarized power of attorney to your representative and his further appearance at the registry office to represent your interests;
  • Registration and transfer to the registry office of a notarized consent to divorce.

Divorce without being present in court. Terms

In divorce proceedings, the spouses act as plaintiff and defendant, as in any other dispute. The Civil Procedure Code of the Russian Federation allows the following conditions for considering a case without the participation of the plaintiff or defendant:

  • conducting business through a representative;
  • sending a corresponding written application to the court with a request to consider the case without his presence;
  • the defendant's failure to appear at the hearing without good reason.

Failure to appear in court without notifying him and without expressing your position significantly reduces the chances that your interests will be taken into account when considering the case. If the failure to appear was not caused by valid reasons, then it will be almost impossible to challenge the decision.

Circumstances that may be recognized by the court as valid reasons for divorce in the absence of a spouse are:

  • prolonged absence from the place of residence (service in the Armed Forces, business trip, etc.);
  • the presence of a serious illness or being on inpatient treatment;
  • territorial distance from the location of the nearest registry office.

With the help of our lawyers, either of the spouses will be able to prepare and send to the court the specified application, enabling the court to consider the case on the merits in the absence of one or both parties, and also taking into account your position on the case.

Do I need to appear in court?

The appearance at the court session of the initiator of the divorce is mandatory, since if the judge does not appear in the process on a second summons, the judge has the right to leave the claim without consideration, unless the defendant requests its consideration.

You can do without personal presence:

  • declare participation in the case of a representative by issuing him a notarized power of attorney;
  • send a petition indicating the validity of the reasons for the absence and with a request to consider the case without his participation.

These conditions also apply to the defendant, however, his failure to appear without good reason is not a basis for the postponement or termination of the case.

The established practice and law allow the applicant to apply for consideration of the case in his absence directly in the statement of claim.

However, consideration of a divorce case in the presence of controversial issues can take an unexpected turn in the absence of the plaintiff or defendant, and therefore it is better to take care of protecting your interests in advance. Our experienced lawyers are not only ready to advise you free of charge and online right now, but, if necessary, they will protect your interests in the divorce process and resolve any conflict situation.

What to do if you can't come to court?

In this case, it is enough to send an application to the court with a request to postpone the court session or with a request to consider the case in the absence of a party.

It is highly desirable to indicate in the application for deferment:

  • validity of the reason for non-appearance;
  • the need to appear in court: explanations of the case, presentation of evidence, etc. - that is, those actions that the party in the case necessarily plans to do when appearing at the hearing.

Adjournment is a right, but not a duty, of the court. The judge assesses the evidence presented in accordance with his inner conviction and may recognize the reasons for non-appearance as disrespectful. In this case, the refusal of the judge to adjourn the process can be reflected in the future in a complaint against the decision.

Presence of a representative

Conducting any court case through a representative is the right of each of the parties. To send a representative to the divorce court, he must issue a notarized power of attorney.

A power of attorney may be:

  • Full - with the right to sign a claim, refuse it, receive a certificate of divorce, etc.
  • Partial - to perform a separate legal action. For example, for representation in court with a limited range of powers.

Divorce without the presence of both spouses

In some cases, the law allows for the dissolution of a marriage without the presence of both spouses. However, there are certain restrictions and a special procedure for such a divorce in relation to each of the two main ways of dissolution of a marriage.

at the registry office

According to the provisions of Art. 33 of the Law "On acts of civil status", divorce through the registry office is allowed only in the presence of one of the spouses.

It is impossible to divorce through the registry office in absentia in the absence of both spouses, which is directly stated in part 4 of this article. At least one of the spouses must necessarily arrive at the institution after a month from the date of filing the divorce registration application.

A similar rule applies to divorce under the circumstances specified in Art. 19 of the RF IC - the applicant will have to appear at the registry office.

In a court

Divorce without the participation of both spouses in court is a fairly common practice that is not exceptional.

For a divorce in court without the presence of both spouses, it is necessary:

  1. Absence of disputes about children, which may require additional evidence or polling the opinions of the parties;
  2. The petition of the plaintiff to consider the claim in his absence, filed simultaneously with the claim or after its acceptance;
  3. The defendant's petition for consideration of the case without his presence, indicating his position on the claim.

Note: The parties can also send their representative to the court by issuing an appropriate power of attorney.

The absence of the defendant in the court session on divorce without notifying the court can only delay the process, however, this fact will not be an obstacle to the issuance of a court decision, even if the defendant does not declare the possibility of considering the case without his participation.

In order for the court to decide on a divorce without the participation of the plaintiff, it is necessary to file a petition on the validity of the reasons for the absence of the applicant and ask to consider the case without your presence.

You can make such a petition directly in the statement of claim, while the court will be obliged to notify you of the time and place of the meeting.
If you change your mind, then nothing forbids you to come to court for the process by the appointed time.

IMPORTANT: The plaintiff's failure to appear in court without notification entails the postponement of the case, and the repeated failure to appear - the application is left without consideration on the merits, unless the defendant insists on closing the case and making a divorce decision.

Physical impossibility of presence

In case of physical impossibility to arrive at the meeting, it is necessary to present to the court evidence of the validity of the absence (travel certificate, certificate from the hospital, etc.).

It is advisable to inform the court about the impossibility of attendance in advance by sending an application and copies of documents confirming the validity of the failure to appear by fax or e-mail, since the postal message does not always work promptly.

Opt Out

Refusal to participate in a divorce case may be expressed in writing. Such an application is submitted by both the plaintiff and the defendant to the court before the start of the trial, and the plaintiff can also be declared in the divorce suit itself.

Failure to appear in court without giving reasons is also considered as a refusal to participate and entails Negative consequences for the evading party (leaving without consideration of the claim for the applicant or issuance of a court decision on divorce in absentia for the defendant).

Documents for divorce without presence

For divorce in judicial order Without attendance, the following documents must be submitted:

  • statement of claim;
  • copy of the passport;
  • marriage certificate;
  • receipt of payment of state duty for 600 rubles;
  • application for consideration of the case without the participation of the plaintiff.

For a divorce without attendance through the civil registry offices, it is required to send an application certified by a notary. It is better to clarify the nuances of drawing up an application in advance at the registry office at the place of divorce, download a sample application from the official website of the territorial office of the registry office.

Statement of claim

In order to consider a divorce case in the absence of the defendant, the latter must send a corresponding petition.

If the plaintiff does not plan to appear in court, he can immediately in a lawsuit or separately ask the court to resolve the case in his absence.

In any case, the main document that initiates the divorce mechanism will be a statement of claim.

Submission and writing rules

The procedure for drawing up a claim is regulated in Article 131 of the Code of Civil Procedure of the Russian Federation. Violation of any of the conditions specified there entails leaving the claim without movement or even return without consideration.

This article establishes general provisions, but not a single normative act contains requirements for a claim specifically for divorce in absence. Divorce in this case is carried out.

Based on the analysis of the provisions of this article and established practice, the claim must indicate:

  1. The name and address of the court to which the application is being made.
  2. Full name of the plaintiff, defendant, addresses of their official registration and actual residence;
  3. Circumstances of the dispute: the date of the conclusion of the marriage union; information about the actual termination of the relationship, the reasons for the divorce;
  4. Information about children or their absence, other disputes, as well as the possibility of reconciliation of spouses;
  5. Justification of the need to consider the claim in the absence of the applicant;
  6. Demand for divorce and consideration of the case without the participation of the plaintiff;
  7. Date, list of attached documents, personal signature.

IMPORTANT: If the defendant's absence is assumed, then the claim only needs to indicate that his location or residence is unknown. Such a claim will no longer contain any other features.

The claim can be submitted to the court both in person and sent by registered mail. Lawyers advise using the second method, as it reduces the risk of possible obstacles from judicial workers. If there are any deficiencies, the judge will be required to rule official definition with demands for their removal.

Sample claim

A sample divorce claim in the absence of a spouse in court is just one example of drawing up a document reflecting a petition for consideration of the case in the absence of the applicant.

A petition for a divorce in court without a plaintiff can be filed even after filing a claim, or you can draw it up on a separate sheet, setting out in detail the reasons for the absence. The law, however, does not establish mandatory reasons - the plaintiff has the right to ask for a hearing without his participation and without indicating any significant reasons.

Notarized consent

Notarized consent is required to be submitted to the registry office if the spouse does not have the physical ability or desire to personally be present during this procedure.

Remember that the notary is not entitled to give legal advice on the content of the certified document, he only certifies the identity of the person indicated in the document and signing it.

For notarization of the document, the state duty and the costs of technical work are paid. The final cost of filing this application with a notary differs depending on the region of residence.

When can a court refuse a divorce without being present?

The only option when the court may refuse a divorce claim without being present is the case of the plaintiff's failure to appear without good reason at the court session and the absence of a petition addressed to the court for consideration in his absence.

In this case, the defendant should not insist on consideration of the claim on the merits.

Please note: The defendant's disagreement, his absence or active opposition to the termination of the marriage is not a reason for refusing to divorce without attendance.

Terms of divorce without presence

The term for divorce without the presence of the parties through the registry office is similar to a standard divorce and is one month from the date of submission of documents.

The timing of the trial depends on the following circumstances:

  • if one of the parties is absent from the meeting for valid reasons, the court may repeatedly postpone the consideration of the case;
  • if the court has recognized the presence of one or both parties as mandatory, it may extend the term for the consideration of the case.

According to the norms of the Code of Civil Procedure of the Russian Federation, the period for considering a divorce case is set at 1 month, however, the court has the right to give the spouses time for reconciliation for up to 3 months.

In addition, the rendered court decision will enter into force one month from the date of its issuance and only on the condition that it is not appealed.
All the nuances of observing procedural deadlines can be clarified during a free consultation with a lawyer on our portal.

Judgment in absentia

If the defendant fails to appear in court, having been notified of the date of the court session and who has not requested consideration in absentia or has not indicated valid reasons for his absence, the court may issue a decision in absentia.

The Code of Civil Procedure of the Russian Federation allows for the possibility of canceling a court decision in absentia at the request of the defendant if it is filed with the court within 7 days from the date of receipt of a copy of the decision and if it indicates the grounds that could affect the adoption of this decision by the court.

The motion to set aside the decision in absentia is considered at the court session and, if it is satisfied, the hearing of the case starts from the beginning.

Automatic divorce without presence

Automatic divorce is possible in the absence of the defendant, if he was properly notified of the trial, but not only did not appear in court, but also did not provide evidence of the validity of the reasons for the absence. In this case, the court will issue a judgment in absentia.

Difficulties faced in a divorce without the presence

  • A huge number of various applications, petitions and subtleties associated with notifying the court and the registry office of a divorce without being present. The slightest mistake - and your rights are violated;
  • Strict procedural requirements for the form of documents, the procedure and deadlines for their submission;
  • Constantly changing legislation, by-laws and judicial practice.

A free consultation of our best lawyers will help clarify the divorce procedure without being present in the most complex and confusing cases. Only the help of a qualified specialist will allow you to comply with all legal requirements and get a divorce without being present at the registry office or court as soon as possible.

  • Due to the constant change in legislation, by-laws and judicial practice, sometimes we do not have time to update the information on the site
  • Your legal problem in 90% of cases is individual, so self-protection of rights and basic options for resolving the situation may often not be suitable and will only complicate the process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Married life has become a burden, but the second half is categorically against divorce? You can divorce without her consent. Divorce without the presence of one of the spouses is provided for by the norms of the Family Code of the Russian Federation.

Divorce can be filed both through the registry office and in court. So an application to the registry office can be submitted if there are no children in the family who at the time of filing the application were under 18 years old (joint or adopted), and there are no disputes regarding the division of property. If there are minor children in the family or there are disputes over property issues, the case can be resolved in court.

Conditions for divorce

But regardless of the circumstances, for a number of reasons, the law provides for divorce in unilaterally. These circumstances include the fact that one of the spouses lives in another city (country) or he has been diagnosed with a serious illness that prevents him from being personally present at the divorce proceedings.

Divorce unilaterally with the consent of the second spouse may take place upon the provision of his written consent, certified by a notary.

Divorce through the registry office without the presence of a spouse is allowed if he:

  • is serving a term in places of detention, provided that the term exceeds 3 years;
  • declared missing;
  • incompetent at the time of application.

In these cases, in addition to the standard package of documents, the applicant must provide a court decision (decree, sentence, etc.) confirming one of the above points.

If one of the spouses is categorically against the dissolution of the marriage, the divorce can be unilaterally carried out through the court. That is, if you want to hang out with your wife without her consent, you have a direct road to the district or world court.


Submitting an application to the registry office

The divorce process is quite a hassle. Even more problems can arise if you need to divorce your wife (husband) without their presence. The missing half can entrust the solution of their cases to a lawyer who will represent the interests of his client in the divorce process and has the right to sign all necessary documents.

The registry office can accept the application unilaterally, but it is worth considering the fact that the package of required documents will increase. If the other half agrees with the divorce, but is abroad and is not able to come to submit an application, and then to affix a divorce stamp, it is necessary to submit his written consent, certified by a notary.

After a month, the spouses, or their proxies, must appear at the registry office to receive. Only after receiving a supporting document, the marriage will be recognized as officially terminated.

In the event that the union with the person who was declared missing was terminated, after which the former spouse suddenly appears, the marriage can be restored if both parties wish. However, if one of the former spouses has already managed to marry another person, the restoration of marriage is automatically impossible.

To file a divorce at the registry office without the presence of one of the spouses, you must submit the following package of documents:

  • statement;
  • a copy of the identity document of the applicant (passport);
  • a check confirming the payment of the state duty;
  • the original certificate of marriage and other documents that may be required by the registry office.

In what case can the registry office refuse to divorce? Like any other body, the registry office is authorized to find out whether the decision of both spouses is mutual. To do this, friends of the couple, neighbors and acquaintances can be interviewed, and if the circumstances are clarified that the decision of the divorced is not taken mutually, civil registry officials have the right to refuse a divorce.

Filing an application to the court

Divorce unilaterally through the court is possible even if one of the spouses is categorically against the divorce. When making a decision, the court will take into account all the circumstances of the case, and in case of clarification of the circumstances that impede the further cohabitation of the spouses, a positive decision will be made on the case. Even without the presence of the defendant.

The court may set a time limit for reconciliation of the spouses during the consideration of the case, which will significantly delay the adoption of the final decision. Strong evidence from one of the parties that further cohabitation is not possible will help speed up the process.

A divorce through the court without the presence of a spouse can be made upon presentation of written evidence of the aggressive behavior of the spouse (certificates from a forensic medical examination on the removal of beatings, protocols for calling a district police officer, etc.), evidence that there was adultery, certificates confirming the drug or alcohol addiction of the second half etc.


A divorce without the presence of one of the spouses in court will be recognized as valid if the measures to reconcile the parties did not give the desired result or they are not necessary.

A husband or wife, not wanting to get a divorce, may not appear at the scheduled court session, but even this cannot be the reason for refusing to consider the application. Such behavior may not play in favor of men or women. The judge will decide on the divorce in absentia.

If the divorce proceeds with the consent of both parties and everything was settled by the spouses on their own, the court can make a decision in the absence of one of the parties. In this case, it will be necessary to provide documents confirming the impossibility of a person to be present at the court and a written certificate confirming familiarization with the case.

If the spouses live in different cities, the meeting can be held via videoconference. If the husband or wife is declared incompetent, their interests in court may be represented by a guardian or representative.

Divorce without the presence of both spouses provides that neither the husband nor the wife are present at the meeting. Their rights are represented by proxies.

Children in divorced families

Minor children of the spouses can significantly complicate the issue of resolving the dissolution of a marriage. Despite the fact that when making a decision, the court should be guided by the views of both parents, in the absence of one of the parents, the representatives of the court have the right to independently determine, taking into account the circumstances of the case.


It is worth noting the fact that the court has the right to refuse to accept an application from a husband if his wife is in a position at the time of filing the application or a child is brought up in the family, whose age has not reached one year. Also, the cause of refusal may be the death of an infant or a stillborn child. However, if the claim was filed by the wife, the court is obliged to consider her application.

Divorce with a foreigner

Is it possible to get a divorce without the presence of a husband, if he is a citizen of another state and does not live on the territory of the Russian Federation? Some problems may arise here. The thing is that the claim must be sent to the defendant, but his place of residence is currently unknown. In the application, you can indicate his last address in Russia and explain that it is impossible to travel to his new place of residence. After the document confirming the divorce is received, it must be submitted to the consulate of the state of which the other half is a citizen. This is necessary in order for the fact of the termination of the union to be recognized by that country.

The documents submitted to the court and the certificate obtained must be translated into the state language and legalized.

Read more about divorce with a foreigner.

The divorce process in itself is not a complex legal matter, but it entails significant consequences, as family and civil obligations and rights arise or cease, the legal status of a person changes. The section largely depends on how the divorce process was carried out. common property spouses, the decision on the recovery and amount of alimony, the decision on the place of residence of children, the right to inheritance, and so on.

Filing for divorce

The legislation provides for the possibility of filing an application for divorce in the presence of only one of the spouses. For this, it is necessary that the will of the absent spouse be formalized in a separate application for divorce. The second spouse draws up a similar application and submits it to the registry office simultaneously with the application of the first spouse. The application of the absent spouse may be sent to the court by courier or sent by mail. Refusal to accept an application can only be motivated by its improper execution. If it is impossible for one of the spouses to personally apply to the registry office to submit an application, his signature on the application must be certified by a notary. The divorce process can take from 1.5 to 4 months from the date of application.

Divorce without presence in the registry office

In the presence of mutual consent for divorce, it can be carried out in the registry office, for this you need a notarized consent to divorce. Divorce is made after one month from the date of filing the application.

Divorce without court appearance

Legislation Russian Federation provides for three reasons that are the basis for a divorce without the presence of one of the spouses:

  • Assistance of a representative, a lawyer, a lawyer. At the conclusion of the relevant agreement, they may be a trustee entitled to file statement of claim, petitions, complaints and other necessary statements. The principal (one of the spouses) at any time has the right to speak at the court session.
  • The inability of one of the spouses to personally attend the divorce proceedings (for health reasons, being in prison, in another country, in another region, and so on).
  • Refusal of one of the spouses from dissolution of marriage and failure to appear at the court session.

A marriage can be annulled if at least one of the spouses is present and does not want to be married.

The only exception to this rule is that a divorce cannot be initiated by the husband if the wife is pregnant (before the child reaches one year of age). The wife's right is not limited by law (to divorce unilaterally during pregnancy, if there is a newborn).

Carrying out the process of dissolution of marriage is possible with the simultaneous procedure for the division of common property, decisions on the recovery of alimony, the exercise of parental rights, and so on.

The main problem of unilateral divorce proceedings is the occurrence of a situation if the absent spouse has documentary evidence of a valid failure to appear in court. In this case, it is possible to recognize judgment invalid, as well as all the actions that followed this decision (sale of an apartment, new marriage, and so on).

If the defendant fails to appear at the court session, having been notified in advance of the place and time of its holding, who did not report the reason for his absence and did not declare the case to be considered in his absence, it is considered in absentia proceedings, with the issuance of a ruling.

The legislation of the Russian Federation provides for certain rules for appealing such court decisions in absentia. The defendant has the right to appeal such a decision within seven days from the date of receipt of a copy of this decision. The decision of the court may also be appealed on appeal within one month after the expiration of this period or in case of refusal to satisfy this application.

A court decision in absentia will be subject to cancellation if good reasons are established for the defendant's failure to appear at the court session and the impossibility of timely notification of this.

In this case, the review of the case is resumed, and in the event that the defendant, notified of the place and date of the court session, fails to appear again, the court decision will no longer be in absentia, and the defendant is deprived of the right to re-apply for review of the court decision.

In 95 cases out of 100, divorce claims are satisfied, although the reasons indicated in them are most often formal. According to the norms of family law, the dissolution of a marriage is carried out at the request of any of the spouses, and not in the presence of the fault of the second spouse. The wording of the reason cannot affect the divorce proceedings. The marriage is subject to dissolution if at least one of the spouses indicates in the application that the continuation of the marriage is carried out against his will, that is, at the request of any of the spouses, even if the basis for such a request is simple emotional motivation.

Neither property disputes nor the resolution of issues about children can be an obstacle to divorce, they can only complicate the divorce process, but not cancel it.

The divorce proceedings are carried out in open court, but at the request of the parties, when clarifying their intimate relationships a closed session may also be held.

Judicial practice shows that unilateral divorce proceedings are carried out much faster, since there is no emotional factor leading to the postponement of court hearings.

If the defendant has a good reason for not appearing at the court session (illness, business trip, problems of close relatives), he is obliged to inform the court about this, indicating the reason for his absence. Failure to report this or the absence of a good reason will be the basis for the impossibility of a subsequent appeal against the court decision. If it is impossible to serve the defendant with a summons at the place of his registration, the court session will also be held without his participation, since mandatory registration serves, among other things, for the possibility of sending official documents to the citizen.

Divorce without consent and divorce in the absence of one of the spouses are fundamentally different things.

Failure to appear at the court session can be both unintentional and intentional, that is, an attempt to interfere with the conduct of the divorce process. Therefore, the normative acts of the Family Code provide for the option of automatic divorce, that is, the rule of "three-time failure to appear at a court session."

Legal assistance and representation

The following documents are required to conclude an agreement for representation in divorce proceedings:

  1. Marriage certificate;
  2. birth certificate of the child;
  3. other documents (depending on the requirements of the statement of claim).

The contract for the provision of legal assistance and representation in court is concluded in accordance with the requirements of regulatory enactments and contains the legal powers of the representative, indicating the specific boundaries of his actions. The principal retains the right to change the scope of these powers or revoke the power of attorney at any time during the trial.

In the legislation of the Russian Federation there are concepts: divorce without the presence of a party (husband or wife) and which are often confused. The absence of a married couple during a divorce may be due to objective circumstances, and not a refusal to terminate the marriage.

Is it possible to get a divorce without the presence of one of the spouses?

Divorce proceedings without the presence of one of the spouses may take place in cases where:

  • the absent party approves the idea of ​​a divorce and confirms this with their consent in writing, certified by a notary, or sends a representative (Article 182 of the Civil Code of the Russian Federation);
  • divorcees do not have minor children.

In addition, there may be special cases of how to file for divorce without a husband or wife, such as:

  1. one of the spouses behaves aggressively, and the other is afraid to say about the termination of the relationship;
  2. and lives in another country;
  3. wife and husband are located outside the Russian Federation (remote divorce);
  4. the place of registration and residence of the married couple is not defined;
  5. lack of residency.

Note! Divorce without a wife or husband is possible if they draw up certified powers of attorney from a notary (Article 185 of the Civil Code of the Russian Federation) to their representatives, as well as in several cases that are provided for by the Code of Civil Procedure and the RF IC.

What to do if it is not possible to appear at the registry office?

There are cases when a husband and wife leave even before the official termination of marriage in different regions and settlements. Lack of free time or money may be the reason for the non-appearance of one of the parties to the registry office where the marriage was registered. So how do you divorce your husband without his presence?

The Law “On acts of civil status” provided for a way out of this difficult situation through a divorce in the registry office without one of the spouses, and the registration of the termination of the marriage is carried out upon the appearance of one party.

A spouse who is unable to personally submit an application must complete it remotely and have his signature certified by a notary. Then send to the second party, which will submit this document along with its own. After that, the registry office will register an official divorce without the presence of this person. At the same time, they must do this no later than one month from the date of submission of the documentation.

The possibility of dissolution of the marriage union without the presence of one of the spouses may be in the following cases:

  • recognition by the court of one party as missing;
  • recognition by the court of one of the spouses as incompetent;
  • a sentence of 3 years or more.

Note! Under these conditions, the presence of minor children does not matter to the registry office.

When is it impossible to do without a court?

The bulk of divorces still occur through the judiciary, since it is not always possible to get a divorce, getting by with only a divorce process through the registry office. Divorce without a spouse or spouse through the registry office is not possible if:

  • have common minor children;
  • one spouse is against the dissolution of the marriage union;
  • there are unresolved property disputes between the parties.

Note! In all of these cases, the personal presence of the couple or their representatives is required at the trial. Termination of a marriage without being present in a judicial body is possible with the appropriate execution of all documents.

The expediency of divorce proceedings without the presence of one of the spouses takes place when the defendant or the plaintiff cannot appear at the trial for a good reason, or do not want to experience negative emotions due to problems during the divorce.

In order for a lawyer to represent the interests of a client in a judicial body, his authority must be documented. The basis for such actions is a certified power of attorney by a notary. If it is drawn up in accordance with all the requirements of the law, the participant in the process has the right to wait for the results on the spot without appearing in court.

A hearing in the courtroom can take place without spouses if there are powers of attorney for lawyers. At the same time, the parties to the divorce case may be present at the meeting during its consideration, without even interfering in the course of the process. The main purpose of involving lawyers is that the absence of one party at the court hearing cannot serve as an obstacle to the court's decision. This is a guarantee that the termination of a marriage through a judicial authority without the presence of the parties will be carried out.

Note! According to the procedure for dissolution of marriage through a judicial authority, established by Art. 21-25 of the RF IC, during the proceedings without the presence of one of the spouses, he can be replaced by a lawyer who specializes in civil litigation.

Divorce automatically

If you are interested in whether it is possible to get a divorce without a wife or husband, then the RF IC provides for the automatic termination of marriage. According to the law, the basis for the dissolution of a marriage may be unwillingness to be in marital relations one of the parties. There are restrictions on this right of unilateral divorce for the husband:

  • a spouse cannot divorce a spouse who is in a state of pregnancy;
  • or in the presence of a child who is under the age of 1.

For women, there is no such restriction, and on her initiative, the termination of marriage through a judge without the presence of a spouse can be made at any time. Being with or having a child under one year old, the wife takes full responsibility for her financial support.

If the common children have reached the age of one year, the failure to appear at the court hearing can be understood as a deliberate obstruction of the divorce case. For this reason, the judge can divorce the spouses without the presence of the defendant if one side fails to appear three times.

Note! The reason for the absence from the judicial body does not affect the divorce case, regardless of whether the defendant intentionally did not appear at the hearing or simply did not know about the ongoing process. Failure to appear will only complicate the proceedings, especially if there are property claims.

Can a husband divorce without his wife's knowledge? If during the process the rights of one of the parties suffered, for example, the spouse (or spouse) did not know about the divorce case or other circumstances took place, the party has the right to challenge the decision to terminate the marriage in court, demanding to restore the previous marital status either protecting the rights to common children, or a share of joint property.

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