For couples who dream of divorcing, it’s crucial not to waste time on the courts, as such processes take a lot of time, effort, and health. It even happens that the divorce procedure takes more than a year with a huge number of meetings. This is especially unpleasant for people with permanent employment. In such situations, divorce without being present in court is the best way out.
What conditions must be met?
- Ate both family members express a desire to divorce
- If there are no children under the age of majority
- Wife is not expecting a baby
How to divorce without being present in court?
- A couple needs to come to the RAGS at the place of registration of one of the parties
- Present a marriage certificate and passport
- Submit the appropriate application - the spouse and the spouse must fill out part of the application to confirm their intention to divorce
- Further, after the end of the month, the marriage ceases. At the appointed time, the couple must appear in the RAGS to register a divorce. If suddenly the couple still decided to change their mind - the statement can be withdrawn without serious consequences for both parties.
If the husband or wife cannot come to the RAGS (only good reason is allowed), then the other party submits the application. What is needed for this:
inform the RAGS in advance of the fact of submitting an application
take the form and pre-fill in the desired box, sign and confirm the authenticity of the document at the notary.
the other party is obliged to submit the application to the official body and fill out a document
After the date of divorce will be appointed.
If, for any reason, it was not possible to dissolve the marriage through the Civil Registry Office, you must file an application with the court. It is important to remember that in order for the application to be accepted, you must correctly determine the court, collect all the necessary documents and pay the court fee.
In what situations is unilateral divorce through court possible?
If the responding party claims that it cannot appear in court. For example:
- serious disease
- living in another area
- the work is located at a great distance from the court venue, where it is very problematic to get
- undergoing treatment (at home or in the hospital)
Proof is a document that confirms the condition. In this case, the reason will be considered valid, and the divorce will be transferred to another number. In addition, you must provide a document that proves the acquaintance of the defendant about the court session.
In a situation where the spouse agrees to divorce in his absence, he needs to draw up a document in which he will be asked to consider the case without his presence. A similar document will be required from the plaintiff. Then the court may decide to divorce without a defendant. You need to understand that this is possible only if there are no serious inconsistencies, the resolution of which requires the presence of the defendant. If, nevertheless, there are certain inconsistencies, then you must submit an application for a conference call using video or bring a proxy in your place.
Other possible reasons for the absence
There are still some situations in which one of the couple does not express a desire to attend the divorce proceedings:
- spouse is against separation, and in every possible way prevents divorce
- unwillingness to once again see a spouse
- lack of free time, or unwillingness to spend time on divorce proceedings
- All of the above reasons are not considered valid, so the couple will be led after the third non-attendance of the court.
The following situations should be noted separately:
absence at the specified place of residence for a long period of time. In this case, it is necessary to determine whether the person is really hiding from a divorce, or whether he went missing, died, was killed, or was abducted by someone. You may need to go through a missing person procedure.
The opponent is in the hospital in a grave crane or in a coma. Then the reason for failure to appear in court will be considered valid. But, if a person has been in a coma for a long time, especially without positive forecasts, divorce is permissible.
What if I can’t get a divorce?
Despite the fact that the law contains a clause on refusing to attend court, people still resort to various tricks to resist divorce: documents are hidden or destroyed, threats are received and even physical force is used. And in many cases they manage to achieve what they want. So that for the rest of your life not to be a hostage of your spouse and live a new full life, we advise you to contact us. We know exactly what to do with it! Our team will very quickly study the situation and give advice on how to act correctly.