Divorce through the registry office without the presence of a spouse

Home » Divorce » Divorce without the presence of one spouse or without the participation of both parties

Divorce can occur under different circumstances: an application is submitted by one or both spouses, with the consent of the parties or the disagreement of one of the couple. Sometimes a husband, wife, or both spouses at once have objective reasons for their absence when submitting an application to the registry office or court. Will it be possible to get a divorce if the presence of the spouses is impossible? What is subject to consideration is not cases where the divorce is carried out unilaterally, but processes where both the husband and wife seek to quickly end the relationship formally, but are either in another country or cannot come on the appointed day for other reasons.

Is it possible and when can I get a divorce without a second spouse?

One of the most common questions that lawyers are asked in divorce cases is whether it is possible to avoid the presence of one or both spouses in the registry office or court? Yes, there is such a possibility. This served as the basis for development. The main users of such proposals are extremely busy people living at a considerable distance from each other, who do not have the desire to meet their husband or wife in person due to hostility.

Certain cases when the second spouse cannot be present in court are specified in Art. 19 of the RF IC: when a court recognizes a spouse as missing, incompetent, or sentenced for more than 3 years. Divorces are made unilaterally.

They should not be confused with those where the presence and participation of one or both parties depends on the citizens themselves. They are not limited in their freedom of action, but of their own free will they wish to avoid visiting government agencies. Divorce is not considered as one-sided. A legal alternative to the presence of the spouses in court or the registry office is being sought.

Divorce is carried out by civil registry authorities, magistrates, district or city courts.

If a divorce case is pending in court, the spouses are notified of the date and place of the court hearing. A husband or wife who cannot attend must prove that they are familiar with the information, but do not have the opportunity to attend the meeting. It is desirable that the reason be compelling, confirmed by certificates of residence, health or other documents.

Special circumstances may arise for both parties at the same time, then people are divorced without their physical participation.

If it is necessary to represent interests in court, the couple can send their proxies to take actions on behalf of the husband or wife.

If there is an overwhelming desire to participate in the process, but there is no physical opportunity, the parties to the divorce process are allowed to use video conferencing and be present at the scene virtually.

The easiest and fastest way to divorce is at the registry office with mutual consent of the spouses and the absence of any disputes.

Couples with adult children, even with mutual consent to divorce, dissolve their marriage exclusively in court. Read more in the article: “How and where to apply for divorce if you have minor children”

The absence of a spouse during a divorce may have ulterior motives - deliberate opposition to the process, failure to appear as a way to delay the divorce. Indeed, at the first meeting without the defendant, the issue cannot be resolved; one postponement will follow, then a second, but after the third failure to appear, the decision is made by the court automatically. The reasons for such behavior of the defendant will no longer be important.

To summarize, we can briefly summarize the main reasons why people get divorced without going to court or the registry office:

Inability to arrive at the place of divorce.
The desire to “play out” time without filing an application to postpone the divorce or provide time for reconciliation.
Fear of being in the same room with your spouse due to the threat of physical violence.
Lack of information about the place of residence of the second spouse.
Strong personal hostility, avoidance of negative emotions.

In each case, we resolve the issue of divorce.

Unilateral divorce through the registry office without the presence of a spouse

Last modified: August 2021

Whether only one of the spouses can file a divorce through the registry office without the actual presence of another family member is a relevant topic for someone who has decided to dissolve the marriage and does not have the opportunity or desire to participate in the event together. What the law says on this matter, what conditions must be met, what is the procedure for unilateral dissolution of the union, the terms of the procedure, the list of required documents, the rules for filling out an application and submitting it to the registry office - all these issues will be covered in the article.

This is interesting: How property is divided during a divorce with children

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

There are many reasons not to go to the place of divorce: territorial removal, lack of funds, need to care for the sick. What to do in a situation where the relationship between spouses is terminated, but this is not formally reflected anywhere? There is a way out; it is enough to turn to the Law “On Civil Status Acts”.

The presence of the spouse will not be necessary if he independently draws up an application, has his signature certified by a notary, and passes it on to the second spouse through a representative. In this case, the husband or wife applies to the registry office and submits not one, but 2 applications, drawn up in accordance with the rules. Notarization is not required if documents are sent in electronic form using an electronic signature through the State Services portal.

The procedure for divorce through the registry office can be divided into several stages:

preparation of an application and necessary documents;
payment of state duty;
applying to a government agency for divorce;
obtaining a divorce certificate.

Since 01/01/2018, civil status acts are registered in the Unified State Register of Civil Status Acts. Now it is not necessary to apply for a divorce to the same registry office where it was concluded.

To represent their interests in the registry office, either party can issue a power of attorney to another person to express consent to divorce.

Documents for divorce in the registry office without the presence of a spouse

When applying to the registry office you must provide:

Application for divorce. To do this, you should fill out Form 8 (or 9, 10 depending on the situation). The application does not have to be submitted by visiting the registry office. To do this, just send the document through the State Services portal or contact the multifunctional center.
Identity document.
Marriage certificate.
A receipt or check for payment of the state duty.
Documents that are the basis for divorce in the absence of a spouse: notarized consent, court decision.

Form 8 is submitted when filing a divorce with mutual consent of the spouses, form 9 - when dissolving a marriage unilaterally, and form 10 - if the application is submitted after the dissolution of the marriage in court.

In applications No. 8, 10, the data must be filled out by applicants in person.

30 days after filing the application, one of the spouses must contact the government agency to subsequently file a divorce.

In this case, there is no need to draw up a power of attorney. It is not needed, since only a self-composed application is accepted. The possibility of involving outsiders for this purpose is not established by law.

At the registry office

According to the provisions of Art. 33 of the Law “On Civil Status Acts”, 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, as is directly stated in Part 4 of this article. At least one of the spouses must arrive at the institution after a month has passed from the date of filing the divorce registration application.

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

Divorce without presence in court

Divorce in court involves resolving issues about the maintenance and upbringing of children, the division of property values, but even in this case, the possibility of the absence of spouses during the dissolution of the marriage is allowed.

Is it possible to dissolve a marriage in court without the participation of both parties?

Divorce by one party is possible under many circumstances. People may be in prison, go missing, or not be aware of their actions. Such reasons are so weighty that even if there are children, one of the spouses can file a divorce at the registry office. However, other reasons for absence are also possible, when the husband or wife cannot appear, although they have given verbal consent to the divorce. In the latter case, divorce without the participation of the parties is possible if:

Do I need to appear in court?

Presence when filing a claim or during a trial is not the obligation of the parties. Trusted persons can do this for them. The absent spouse has the right to petition for the case to be considered without him. So why do you need to be in court? The main reason is the ability to independently protect one’s interests, especially if there are disputes about children or disagreements about the division of property.

It is recommended to enlist the support of a lawyer and let him resolve issues in court if the opponent is overly aggressive and tries to upset him from a state of emotional balance. Appealing with facts and articles of the law is the only way to confront the aggressor and prove him wrong, which only a family dispute resolution specialist can do.

When is divorce possible without the presence of the husband or wife?

Failure to appear by one of the applicants to present documentation for the purpose of annulment of the union is not regarded as an objective reason for refusing to accept documents.

Likewise, the failure of one of the parties to the divorce to appear does not constitute an obstacle to annulment of the marriage.

Physical impossibility of presence.

Often, significant and objective reasons prevent attendance, including:

Permanent or temporary residence in a remote area.
Carrying out work activities in a remote region.
A disease associated with a lack of mobility, that is, the ability to move freely.

The peculiarities of divorce according to the above factors are associated with the consent to annul the marriage of the party deprived of the opportunity to personally visit the court or the registry office, or the absence thereof.

If the party deprived of the opportunity to appear does not have valid claims, that is, agrees to the divorce, it is required to document the objectivity of the reasons.

It is also important to provide a written request, according to which it is possible to carry out the procedure in the absence of a second person.

If the absent litigant does not wish to dissolve the marriage, he can submit an application to postpone the date of the hearing until it is possible to appear.

Also, based on the application, a meeting can be held using video communication.

Intentional absence.

In order to impede the conduct of a civil case, one of the participants may deliberately avoid attending court.

This aspect is not considered objective; the absence of a notified participant, provided there is documentary evidence of his actual notification regarding the day of the meeting, entails the completion of the process by drawing up a decision in absentia.

The specified act is issued only if the absent participant has not received a petition to postpone the meeting day.

Other reasons for divorce without the participation of the parties.

It is also necessary to highlight other aspects under the influence of which either party may avoid appearing in court or the registry office.

These include the lack of desire to contact the spouse, lack of information regarding the defendant’s location, and the defendant’s lack of time to arrive personally.

In such situations, the specifics of receiving a package of documents and the further course of the case are determined on an individual basis.

What to do if it is not possible to come to court?

If you are unable to take part in the trial, you should not leave things to chance. Each party has the right to file a petition to consider the claim without it, write a consent to divorce, or ask to postpone the meeting for good reasons. If the judge considers them really significant for skipping the trial, the date and time of the trial are postponed.

Opting out

The defendant, even if notified, has the right to refuse to attend court. This can be done in writing in the form of a petition or a notice of absence in the claim itself for the applicant.

Both parties may not appear in court without giving reasons, but the consequences will be as follows:

for the plaintiff - the claim will not be considered by the court;
for the defendant, the decision will be made in absentia without taking into account his interests.

Notarized consent

Consent to divorce is a document that will allow the second spouse to go to court or the registry office to dissolve the marriage. Submitting such a document to government agencies will allow you to avoid red tape and go through the divorce procedure faster.

Both the defendant and the plaintiff who do not plan to appear in court can file an application.

It contains information:

Full name of both interested parties;
data on consent to divorce;
emphasizing that there are no claims against the plaintiff or defendant;
date and signature;
notarized certificate.

Without notarization, the document is not valid.

You need to take to the notary office:

statement of consent (this can be filled out by a notary);
passport.

As a result, the document will have a stamp with the letters of the city, a notary’s seal and signature, and a seal indicating the applicant’s consent. After this, the consent acquires legal force and can be transferred to the second spouse.

Presence of a representative

Representation of a case in court by a lawyer or lawyer without the presence of an interested party is carried out at the request of the defendant or plaintiff. To do this, you need to issue a power of attorney.

Delegation of powers can be complete, when the authorized person independently files a claim, takes part in meetings, obtains a divorce certificate, or partial. The latter means taking responsibility for only some part of the process. For example, a claim is filed independently, and a lawyer comes to the meeting with a power of attorney.

If the defendant avoids attending court, his proxy will be a government lawyer appointed to protect the interests of the absentee.

According to Art. 54 of the Code of Civil Procedure of the Russian Federation, when drawing up a power of attorney for representation in court, each action must be indicated separately. For example: “the right to sign a claim, file a claim in court, enter into a settlement agreement is granted...”. If some points are not specified, the trustee will not have the authority to perform such actions.

Request for absence during consideration of the case

The plaintiff or defendant in a divorce case must file a petition with the court to hear the case in his absence. In this way, the court is notified that the person wants, but due to circumstances, cannot attend the hearing. There is no strict form for drawing up a petition. It is written arbitrarily, but you should adhere to the rules for drawing up official documents when going to court. The document must indicate:

name of the judicial authority;
information about the plaintiff and defendant;
information about the expected place, date and time of the meeting;
statement of reasons for absence;
please consider the case in absence and send the decision to the specified address.

Sample document:

In the absence of a petition, the claim for divorce may not be considered due to the absence of the other party.

If the interested person lives at a remote distance from the judicial authority, the petition can be sent by using video conference.

Video conferencing in court

The opportunity to take part in a court hearing through the use of video conferencing appeared in 2013. The procedure for applying for participation is determined by Art. 158 Code of Civil Procedure of the Russian Federation.

First of all, it is necessary to establish whether the court where the divorce is being carried out has the technical ability to organize a conference call. If possible, a petition must be filed. This right can be exercised not only by interested husbands and wives, but also by witnesses, translators, experts, and persons in prison.

A petition is filed with the court. It is important that the document is provided in advance to agree on the date of the meeting and notify other persons involved in the process.

Based on the petition, the court makes a ruling on the possibility of holding a hearing using remote means of communication.

The husband or wife participating in the conference call will be able to provide explanations on the case and object. The only drawback is the impossibility of physically presenting evidence during the process.

Physical impossibility of presence

The impossibility of physical presence is due to territorial remoteness, illness, or disability. These are compelling reasons that will require proof in court. You will need to provide:

certificate from place of residence;
health certificate;
disability certificate;
confirmation of your stay on a business trip and other information proving the impossibility of physical presence.

You can send documents by mail, fax, or email.

When can the court refuse a divorce without presence?

There are several situations when the court will refuse a divorce without presence:

If the plaintiff is absent. If planning to fail to appear at a court hearing, the plaintiff must file a motion for absence or indicate this in the statement of claim. Otherwise, the claim is rejected without consideration.
If the plaintiff is a husband, and his wife is expecting a child or is raising a child under 1 year of age. This rule applies to a couple even in cases where the child was stillborn and did not live to reach 1 year of age (clause 1 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 15).

In other cases, even the disagreement of one of the spouses is not a reason for the court not to accept the claim.

How to get a divorce through court

To obtain a divorce through the court without personal presence, it is necessary to follow a certain algorithm of actions and additionally provide documents explaining the absence.

Procedure and procedure

Where to begin? Everyone who is divorcing a marriage thinks about this. The algorithm is as follows:

It is recommended that you determine where to file your claim. Having chosen the place of filing - a district or magistrate court, you should file a claim for divorce.
A plaintiff who plans not to go to court in person must issue a power of attorney to conduct divorce proceedings, collect documents on the reasons for the impossibility of personal presence, and file a petition to consider the case in the absence of the plaintiff.
File a claim, preferably with the help of a lawyer.
Collect the documents necessary for divorce.
Get a court decision.
Pay the state fee to the registry office for issuing a marriage certificate.
A month and 3 days after the decision on divorce is made, apply to the registry office to obtain a marriage certificate.

The defendant planning to be absent must submit a petition to consider the case without him, consent to divorce; draw up a power of attorney if his interests are represented in court by a competent person.

Statement of claim

Drawing up a claim for divorce requires care and compliance with the rules specified in Art. 131 Code of Civil Procedure of the Russian Federation. The document must contain:

Name of the court.
Details of the plaintiff and defendant, filled out on the basis of the passport (full name, registered address), address of actual residence.
Information about the date of marriage, the time of actual termination of the relationship.
Description of the situation: why the marriage is being dissolved, is there a dispute about children, jointly acquired property; is the possibility of reconciliation allowed? The reason why the plaintiff is forced to be absent from court is given.
A petition for divorce and subsequent provision of a copy of the decision at the place of registration (residence) of the plaintiff.
List of attached documents.
Date and signature.

Sample claim for divorce:

The document can be presented to the court in person or sent by mail with a notification letter.

Documentation

Divorce involves filing a lawsuit in court, and all information contained in it is supported by documents:

passport (a copy remains in court);
marriage certificate;
a document confirming payment of the state duty.

In the absence of the plaintiff, you must additionally submit a petition to consider the case without his participation; power of attorney if interests in court will be represented by another person.

State duty

The cost of submitting an application to the registry office is 650 rubles. This applies to persons who file a divorce in the registry office, as well as those who received a decision on divorce in court.

When getting a divorce in court, you must pay a state fee for filing a statement of claim. It will be 600 rubles.

If a claim of a property nature is filed, the amount of the state duty will be based on the value of the property:

up to 20 thousand rubles. — 4% of the amount, but more than 400 rubles;
from 20,001 thousand rubles. up to 100 thousand rubles. — 800 rub. + 3% of the claim amount minus 20 thousand rubles;
from 100,001 thousand rubles. up to 200 thousand rubles. — 3200 rub. + 2% of the claim amount minus 100 thousand rubles;
from 200,001 thousand rubles. up to 1 million rubles — 5200 rub. + 1% of the claim amount minus 200 thousand rubles;
over 1 million rubles — 13200 rub. + 0.5% of the claim amount minus 1 million rubles, but less than 60 thousand rubles.

Certifying a power of attorney from a notary will cost 200 rubles.

Forms for payment of state fees are provided by the court authorities and the registry office. To fill them out, you should clarify the details of the organization.

If a notary provides services of a technical and legal nature, the cost of his services must be known in advance.

Divorce terms without presence

The duration of the divorce does not change depending on the presence or absence of the parties. It is 1 month from the date of submission of documents.

When can the deadline increase? Firstly, if one of the parties wishes to be present, but does not have such an opportunity and has notified the court about this. The document must indicate valid reasons, supported by documents. Secondly, if the court considered it impossible to make a decision without the other party.

Also, the deadlines may be shifted upward if no documents have been received from the defendant or time is needed to establish his place of residence.

A deferment of 3 months (or less by court decision) is granted to couples where one of the parties has filed a petition for reconciliation. The other party has the right to file a formal objection, and the judge will decide whether the spouses can settle the relationship under such circumstances.

If the spouses are interested in a divorce as quickly as possible, the defendant must:

send your representative to the meeting, who will be able to quickly resolve any issue;
file a motion to consider the case without a defendant.

The minimum possible period for a divorce in court without presence is 1 month.

The procedure for divorce through the registry office

Art. 34 of the Law “On Civil Status Acts” establishes how a unilateral divorce should take place through the registry office without the presence of the other spouse.

Submitting an application

To register a divorce in these cases, an application from one of the spouses is sufficient. You can contact the civil registry office at the place of residence of either party or where the marriage was once registered (Article 32 of the Law “On Civil Status Acts”). The content of the application (form No. 9) is established by the Government of Russia (Resolution No. 1274 of October 31, 1998).

The application must contain the following details:

passport information about both spouses;
grounds for unilateral divorce;
marriage certificate details;
surname that will remain after separation;
passport details;
the location of the representatives of the second party (guardian, manager) or the address of the institution where the convicted person is imprisoned;
date and signature.

State duty

To register a divorce, you must pay a state fee. Its cost is 350 rubles (clause 2, clause 1, article 333.26 of the Tax Code of the Russian Federation).

Package of documents

When contacting the civil registry office, you must provide the following documents:

statement;
receipt of payment of state duty;
passport;
a court decision recognizing a spouse as missing or incompetent, or a sentence of imprisonment for a term of over 3 years, which have entered into legal force.

Important! A copy of a court decision (sentence) is not a simple photocopy! It must be properly executed: stitched, numbered, with the signature of the person who certified the copy and the seal of the court. You can get it in the court where the decision (sentence) was made.

Notice to the other party

After accepting the documents, the civil registry office employee within 3 days notifies the legal representatives of the incapacitated or missing spouse, as well as the person serving a sentence, about the received application and the appointed date for registering the divorce.

They are asked to inform the registry office within a month what surname the other party will keep after the divorce in absentia.

Deadline for state registration of divorce

No earlier than a month from the date of filing the application, the date of divorce is set. On this day, the applicant must appear in person with the above documents and a marriage certificate to put the appropriate mark on it. The registrar will issue a personal certificate of divorce. A stamp with a record of divorce is immediately placed in the passport.

This is interesting: Consultation with a lawyer on divorce

Note! If the marriage certificate has been lost, it is better to contact the registry office department where the marriage was registered. Then you do not need to obtain a second certificate.

Default judgment

The law provides for a marriage decision to be made without the presence of the defendant. This means that even if the received subpoenas from the court are ignored, the process will take place, but the party that fails to appear loses the opportunity to independently resolve controversial issues.

Automatic divorce without presence

The law provides for automatic divorce. This means that failure to appear at a court hearing will not protect against divorce. In any case, the marriage will be dissolved only after a longer period of time.

The court will need evidence that:

the defendant was notified of the contents of the statement of claim;
the defendant knew where, on what date and at what time the court hearing would take place.

The court acts following the instructions set out in Art. 113 Code of Civil Procedure of the Russian Federation. An interested person is summoned to a meeting by sending a summons by letter with a notification to his address, sending a telegram, telephone message or any other means of communication capable of recording the transfer of the summons to the second party to the proceeding.

The absence of the defendant in court is not a decisive factor for the issuance of a court decision.

If the verdict is rendered without confirmation that the defendant received the summons, the decision may be considered illegal.

Possible consequences of failure to appear (Chapter 22 of the Code of Civil Procedure, Article 167):

if there is no reliable information about the notification, the trial is postponed to another date;
if a notice has been received, but the person is absent for objective reasons, the meeting is postponed;
if the notice was delivered, but the defendant ignored it without providing the reason for the absence, the case can be considered without it;
if the defendant or his representative requests a postponement of the case for compelling reasons, the hearing is postponed;
if during the consideration of the case the plaintiff changes his demands, the hearing is postponed until the defendant is notified of the change.

A court decision made in absentia is sent to the defendant by letter with notification (Article 236 of the Code of Civil Procedure). The deadline for sending the document is 3 days from the moment the verdict is rendered.

If the defendant does not agree with something, he can file an application with the court to cancel the decision made in absentia. He is given 7 days to do this from the date of delivery of a copy of the document.

Only if the application has been filed, the parties can appeal the decision to the appellate court within a month. The reporting period begins from the end of the week after filing the application or from the moment the court made a decision to refuse the application.

Divorce is a complex process that requires knowledge of the laws and regulations governing it. You can approach the moment of receiving a marriage certificate as quickly as possible only by avoiding mistakes, with which the lawyers of the ros-nasledstvo.ru portal will help. The first typical mistake is contacting the wrong address. If a couple has children, the registry office will not dissolve the marriage, and if the apartment is divided, it will not be the registry office or the magistrate who will help, but the district court. A common problem is the impossibility of spouses being physically present at the meeting.

Even if everything is planned, unforeseen circumstances may arise that prevent you from attending court. Husbands and wives leave for different cities or countries, and returning to resolve issues of documenting the breakup involves a significant waste of time and effort. There is no need to despair. Everything needs to be completed correctly and in a timely manner: a power of attorney for the person representing interests in court; petition for absence upon divorce; take the opportunity to participate in the meeting via video conference. There are many ways to resolve controversial issues, and divorce experts will help you choose the best one.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

describe your situation to a lawyer in an online chat;
write a question in the form below;
call Moscow and Moscow region
call St. Petersburg and region

Save or share the link on social networks

(
1 ratings, average: 1.00 out of 5)
- FREE for a lawyer!

Write your question, our lawyer will prepare an answer for FREE and call you back in 5 minutes.

By submitting data you agree to the Consent to PD processing, PD Processing Policy and User Agreement

Useful information on the topic

How to file for divorce

For many, divorce in court is identified with a long, morally difficult...

How to apply for divorce at the registry office without a husband

A couple can formalize a divorce at the registry office. In addition to the organ that produces...

What documents are needed for divorce through the registry office?

The dissolution of marriage relations in the registry office is carried out only in cases...

What documents are needed for a divorce through court with a child?

Divorce between spouses is most painful when there are children...

Settlement agreement for children upon divorce

If disagreements, quarrels, misunderstandings between spouses negatively affect the emotional...

Divorce through court

The divorce process is rarely painless and quick. Even with mutual...