Filing documents for divorce unilaterally

Is it possible to get a divorce unilaterally?

The unilateral nature of the divorce process implies that only one citizen applies to the territorial division of the registry office or to the court.

For judicial purposes, such a rule is recognized as a standard principle, but filing a divorce at the request of one spouse through the registry office is permissible only under exceptional circumstances, directly specified in the law.

Important! In these cases, the consent of the second spouse has no legal significance and can only affect the overall duration of the procedure for considering the case.

The consequences of a unilateral divorce are no different from situations where both spouses file an application. In any case, the parties will be issued a certificate of termination in the established form.

Documentation

When applying to the registry office, you must write a statement indicating:

• name of the body;
• personal information for both spouses;
• Date and place of birth;
• nationality;
• location;
• grounds for divorce;
• passport and marriage certificate details.

Copies of documents for unilateral divorce are attached to the application:

• passport;
• Marriage certificate;
• confirmation of the grounds for divorce without the consent of the other party;
• receipt of payment of state duty.

Information: The state duty is 350 rubles.

Conditions for unilateral divorce

The standard principle for this type of divorce is for the husband or wife to present such a demand to the registry office or to the court. Without this document, which records the citizen’s will to terminate family relations, divorce is impossible.

An application to the court for a divorce through the court is allowed if any of the conditions are met:

• there are children in the family (the mutual consent of the husband and wife to carry out the divorce procedure through the registry office does not matter);
• evasion of at least one of the parties from filing a divorce through the registry office.

In three exceptional cases, a unilateral divorce procedure is allowed through the registry office:

• there is a legal court decision recognizing one of the spouses as missing;
• the husband or wife has been declared legally incompetent;
• there is a lawful court verdict by which the husband or wife is sentenced to real imprisonment for three or more years.

The presence of these conditions must be indicated when submitting the application, attaching relevant evidence.

If there is a child

Dissolution of a marital relationship in the presence of children is possible only in court. Divorces without disputes about children are subject to consideration in the magistrate's court, and if the spouses fight fiercely for the right to keep the child with them, then in the district court.

Divorce in the registry office without the consent of the second spouse and subject to the presence of possible children in the exceptional cases reflected in Art. 19 RF IC cases:

• incapacity of the spouse;
• unknown absence established by a court decision;
• conviction to a real term of imprisonment of 3 years or more.

In this case, you can dissolve the marriage without much hassle, even if you have children.

If there are no children

For a unilateral divorce without children, you must apply to the magistrate’s court at the defendant’s place of residence.

Within a month, the court will make a decision on the application or provide a period for reconciliation of the spouses if a corresponding petition is received from the defendant.

Divorce in the registry office is possible unilaterally on grounds. Previously listed above - the incapacity of the spouse, his unknown disappearance, or a court sentence for a term exceeding 3 years of actual prison sentence.

The law does not provide for other possibilities for unilateral divorce, even without children.

Regulatory framework

Through the registry office

A unilateral divorce procedure in the civil registry office is possible only if the conditions listed in Art. 19 of the RF IC, namely:

• incapacity of the spouse, confirmed by a court decision;
• declaration of a spouse as missing;
• conviction to real imprisonment for a term of over 3 years on the basis of a court verdict that has entered into force.

The law does not provide for other grounds for unilateral divorce of spouses in the registry office, since filing an application with the registry office requires the mandatory consent and presence of both spouses.

Procedure and procedure

In the described case, the divorce procedure will continue quite quickly - one month, after which the applicant will receive a certificate of termination of family relations.

The spouse, whose consent to divorce was not required by law (for example, in the case of serving a sentence), will receive his copy of the specified certificate upon personal application.

The spouse serving his sentence will be notified of the received application for divorce, but his opinion and position on this issue will not have any significance.

In all other cases, the second spouse is not even notified of the divorce. In this case, the applicant must be present when the registration actions are performed by the civil registry office employees on the date established by them.

Documentation

To obtain a divorce through the civil registry office on the initiative of one spouse, he must submit the following documents:

• application in the prescribed form (it is better to obtain a sample on the website of the territorial civil registry office or directly at the institution);
• marriage certificate;
• documents confirming the existence of grounds allowing for a unilateral divorce through the registry office, even without obtaining the consent of the second spouse;
• a receipt for payment of the state fee in the amount of 350 rubles (clause 2, part 1, article 26 of the Tax Code of the Russian Federation).

Additional documents under Art. 19 RF IC will:

• court decision to declare him missing;
• court decision establishing incapacity;
• sentence.

All these documents can be presented either in the form of a copy or in the form of an extract, with the blue seal of the court and only after they come into force.

Statement

An application for a unilateral divorce is submitted to the registry office using Form No. 11, approved by the Government of the Russian Federation. This document must contain the personal data necessary for the divorce on the applicant spouse. As well as details of the marriage registration document.

There is no need to fill out this form in advance, since almost all civil registry offices independently enter the data submitted by the applicant into the program and then submit the already completed application for signing.

Below is a sample application for a unilateral divorce at the registry office for your reference.

Form 11

Deadlines

The period for a unilateral divorce in the registry office will not exceed 1 month.

This is exactly how long it should take from the moment of filing an application to terminate a marriage until the corresponding entry is made in the civil status acts. The applicant will be able to receive a divorce certificate immediately upon appearing at the institution.

State duty

When applying to the registry office for a unilateral divorce, a state fee in the amount of 350 rubles is paid.

According to the Tax Code of the Russian Federation, such a fee is established for divorce through the registry office in exceptional cases (unknown absence of a spouse, a prison sentence of 3 years or more, or incapacity).

Details for payment must be clarified with the authority to which the applicant must contact. In addition, it is possible to pay the fee via the Internet using the State Services service, where you can also submit a corresponding application for divorce.

Is it possible to annul a marriage remotely?

Russian legislation provides for the possibility of remote dissolution of a family union. Valid reasons:

• the spouse is outside the country;
• inconvenience of territorial jurisdiction.

A marriage is considered dissolved from the moment when an entry is made in the civil register.
Legal norms allow several ways to process a divorce remotely.

By email

The documents attached to the statement of claim are sent to the court.

Mandatory conditions for a valuable letter are a description of the attachment and a delivery notification.

After receiving notification of the start of the proceedings, indicating the date and time, a petition is filed to consider the case in the absence of the plaintiff. Additionally, a request is made to send an extract from the resolution to the address of the initiator of the divorce procedure. Postage costs are paid by the applicant .

Through a proxy

Transfer of rights of representation is a simple and reliable method of remote divorce. A notarized power of attorney indicates the full list of powers of the attorney. Based on written authorization, the representative assumes the responsibilities of the spouse initiating the process of dissolution of family relations.

Through the Internet

An option is available for administrative divorce . The application is submitted through the State Services portal. If necessary, the certificate is delivered by courier to the specified address.

In addition, experienced lawyers and divorce attorneys are creating special online services that allow Internet users to dissolve a marital union remotely. But in this case, clients will have to visit a government agency to complete the procedure.

At the civil registry office, the former spouses are given the original divorce certificate.

In the registry office

Civil registry offices accept documents submitted in the personal presence of the initiator , sent by mail with a notarized signature, or transmitted through the official website of state and municipal services. In this case, the powers of the attorney have no legal force.

Through the court

When considering a divorce case in court, there are several options for making a positive decision, even in the absence of the defendant’s consent. To begin a divorce through the court, you must file a statement of claim.

Procedure and procedure

Each spouse has the right to divorce in court, with the exception of two cases specified in Art. 19 of the RF IC, when this procedure is possible with the consent of the wife.

During the trial, the defendant may agree to the claim or file an objection to the divorce. If a response with objections is received, the court has the right to provide the parties with time for possible reconciliation and resumption of family relations.

Providing time for reconciliation is a right, not an obligation of the court. A decision on this matter is made taking into account all the circumstances of the case and according to the internal conviction of the judge.

If the defendant avoids appearing in court and has not expressed his attitude to the claim, the court may make a decision even in his absence. The failure of the defendant to appear at the court hearing without good reason also allows the court to consider the case on the merits in absentia.

An application for divorce is submitted to the magistrate's court at the place of permanent residence of the defendant; this rule is standard for all types of legal proceedings.

However, there are exceptions for divorce proceedings that give the right to file a claim at the place of residence of the applicant:

• if a minor child lives with the applicant;
• if the applicant, for medical reasons, is unable to appear in court at the location of the defendant.

Important! If these circumstances exist, they must be stated in the text of the claim, otherwise the court may refuse to accept the documents.

The application is submitted in person through the court office, or sent by mail with the necessary documents attached.

Statement

The legislation does not establish special requirements for filing an application to the court for divorce, however, Art. 131-132 of the Code of Civil Procedure of the Russian Federation establish a mandatory list of requirements for both the form and content of any claim filed in court.

Based on the general rules of legal proceedings, such an appeal must satisfy the following conditions:

• simple written form (design either by hand or using computer technology is allowed);
• the application must contain the mandatory details specified in Art. 131-132 Code of Civil Procedure of the Russian Federation.

The application is submitted to the court in two copies, one of which will be sent to the defendant. The initiator of the divorce is not obliged to independently send documents to the second spouse.

Approximate contents of the statement of claim:

1. Introductory part: details of the parties, their addresses, as well as court details are indicated. It is advisable to provide additional contact information.
2. Descriptive part: sets out the grounds for sending the application, the date of marriage, the reason for the termination of family relationships, indicates the presence or absence of children, reflects the position of the spouses on their upbringing, and also sets out other arguments relevant to the case;
3. The pleading part: a demand is formulated for divorce, for the collection of alimony for the maintenance of children and (if necessary).
4. Signature, date, list of attached documents.

A sample application can be found on the information board in courts of general jurisdiction or downloaded below.

Drawing up a statement of claim, even using a ready-made sample, is not an easy task. Each situation is individual and has many nuances, which only an experienced lawyer can notice and correctly reflect in the claim.

Get a free online consultation about the filing procedure and rules for drawing up a claim for divorce right now from our lawyers!

Claims for divorce can also be filed separately, which will simplify and speed up the consideration of the divorce case.

Documents for court

To initiate a lawsuit, you must file a lawsuit with the following package of documents:

• a copy of the divorce petition to be sent to the defendant;
• marriage certificate;
• copies of birth certificates of common children;
• a document confirming payment of the state duty in the amount of 600 rubles.

If there are grounds for a unilateral divorce through the registry office, then when submitting an application you must provide evidence of their existence.

For a complete list of documents for a divorce with children, as well as the nuances of their preparation, see the article “Documents required for a divorce with a child.”

Deadlines

The timing of a divorce at the request of one spouse through the court may not always be prompt. The standard period for consideration is one month from the moment the court accepts the application.

However, if the parties are given time for reconciliation, the period may increase by three months.

Objections to providing time for reconciliation have no legal significance, since the court makes such a decision based on the circumstances of the case at its own discretion. The parties cannot influence the reduction of the period for filing a divorce, since they are clearly regulated by law.

Do not forget that before receiving a divorce certificate, the court decision must enter into legal force - and this is another 1 month from the moment it was issued by the court.

If the decision is appealed, then the procedure for considering the complaint by the appellate court will take from 1 to 3 months, taking into account the time for sending and returning the case.

State duty

• 600 rubles - when filing a claim in court;
• 650 rubles – when registering a divorce in the registry office by court decision.

The fee before going to court must be paid according to the court details, which are individual for each judicial authority. You can check them directly in court or print a receipt from the official website.

A document confirming payment of the state fee must be submitted simultaneously with the application for divorce to the court. Copies of receipts are not allowed - the fact of payment of the fee is confirmed exclusively by the original document.

Absentee decision

When a case comes to court, the judge notifies the defendant of the time and place of the hearing.

If the defendant, having been notified of the time and place of the court hearing, ignores appearing in court and does not present his position on the case, then the court has the right to make a decision in absentia.

What is the difference between an absentee decision and a regular one:

• can be canceled within 7 days from the date of receipt by the defendant by filing an application for cancellation, but only on the condition that the failure to appear was due to valid reasons and the presence of the defendant could affect the course of the hearing;
• comes into force after 30 days from the expiration of the period for the defendant to cancel the decision.

If the defendant does not receive a decision in absentia (for example, it is returned after the period of stay in the mail has expired), the countdown of the period for entry into force begins from the moment the decision is returned to the court.

How to file for divorce unilaterally online

Filing unilaterally for divorce via the Internet is possible only in two cases:

• under exceptional circumstances described in Part 2 of Art. 19 IC of the Russian Federation;
• when filing an application for divorce in the district court in cases established by law, as well as in the presence of a qualified electronic digital signature.

Serving in the order of Part 2 Art. 19 IC RF

Through State Services you can unilaterally file an application for divorce in cases where the second spouse:

1. Declared missing by court decision.
2. Deprived of legal capacity based on a court decision.
3. Sentenced to serve a prison sentence of at least 3 years.

All these circumstances are subject to confirmation by an appropriate court decision, which will need to be brought to the registry office after setting a specific day of appearance.

Important! A judicial act confirming the right to divorce on the listed grounds must be drawn up in accordance with the requirements of regulations on judicial records management (with a blue seal signed by the judge). A note about entry into force is required.

Submission of documents is carried out through the appropriate section of the “Government Services” service. For more information on the procedure for filing an application for divorce through the registry office electronically, see the step-by-step instructions for divorce via the Internet.

Submitting to the district court using digital signature

Since 2020, claims can be filed electronically in district and city courts of general jurisdiction.

For divorces before magistrates, the conditions for filing in district court are not as common.

You will have to apply to the district court for a unilateral divorce if, along with the request for divorce, the spouse requests:

• establish a procedure for communicating with a child after a divorce;
• divide jointly acquired property;
• resolve the dispute about the place of residence of children.

Only when a divorce claim is combined with the specified requirements is it possible to consider the case through a district court, as well as to file for divorce unilaterally via the Internet.

What is needed to file for unilateral divorce through a district court?

To submit documents electronically, it is necessary to:

• availability of a confirmed account of the “Government Services” portal in the Unified Identification and Logistics system;
• a qualified electronic digital signature issued by an accreditation center that meets generally accepted requirements;
• computer and scanner;
• documents scanned into electronic form, certified by the CEP key.

All documents necessary for a divorce under the listed conditions are translated into electronic form, certified with an electronic digital signature and sent through a special interface.

Where and how to submit?

To access the interface for submitting documents for divorce with digital signature you need:

1. Go to the website of the required court and select the appropriate section in the menu on the left.

1. Next, a window of the Unified Identification and Identification System judicial system will open, where the user will be asked to log in to continue working with the system.
2. After authorization, all capabilities of the judicial section of the State Services service become available.
3. Next, you need to choose the type of legal proceedings – civil in our case.
4. Fill in the required fields, attach documents certified by electronic signature and send them to the court.

The same rules apply to the consideration of electronic appeals and claims as for their paper equivalent, submitted in person or by paper mail. A claim filed electronically must comply with all requirements of the Code of Civil Procedure of the Russian Federation.

Jurisdiction

Not many people know how to file a unilateral divorce and which judicial authority to contact.

The magistrate conducts divorce proceedings if the following conditions are met:

• absence of disputes about the child’s place of residence, the procedure for communicating with him and the payment of alimony;
• the property division agreement is notarized;
• husband and wife agree to divorce;
• one of the spouses avoids submitting an application to the registry office.

The powers of a district or city court include a decision on divorce of spouses in the event of:

• the presence of disputes regarding minor offspring;
• division of jointly acquired wealth, worth over 50 thousand rubles.

Both the magistrate and the district judge set a period of three months for reconciliation of the parties. If during this time the spouses have reconciled, then the trial is terminated.

When can a unilateral divorce be denied?

The court leaves the claim without consideration if the plaintiff, notified of the time of consideration of the case, systematically fails to appear at court hearings and has not filed a motion to consider the case without him. This rule does not apply to the defendant.

If, after accepting the divorce petition filed by the husband, the facts of the wife’s pregnancy or the presence of a child under the age of one year in the family are established, the court is obliged to find out the wife’s opinion regarding the stated requirement. If she objects to the termination of the marriage, the claim will be denied.

The legislation also regulates two cases when a husband will not be able to obtain a divorce of his own free will in the absence of his wife’s consent:

1. Until the common child is one year old, divorce on the initiative of the husband is allowed only with the consent of the wife.
2. During the entire period of pregnancy, the marriage can be dissolved only with the officially expressed consent of the wife.

If the husband submits an application for termination of family relations, the wife’s expression of disagreement with the divorce automatically entails refusal to satisfy the application, including in court.

The one-year period from the moment of birth of the child also applies in cases where the child subsequently died or was stillborn.

Is auto divorce possible?

An automatic decision on divorce will be made by the court if the defendant systematically fails to appear at court hearings without good reason and has been notified of the time and place of the hearing.

To comply with this rule, it is necessary that the court has evidence of proper notification of the defendant of the date and time of each court hearing.

In this case, the court decision will be made in absentia and sent to the defendant by mail to the last known place of residence.