When is it possible to divorce through court without the presence of a spouse?

Divorce through a court without the presence of a spouse is a practice that occurs more and more often. In fact, there is nothing difficult in this process. It is enough to know about some features, as well as about the current legislation in Russia. What will be required of the spouses if they want to divorce? And when is given the chance to execute an operation without the participation of one of the parties? About all this further. In reality, everything is not as difficult as it seems.

Is there a chance

To begin with it is necessary to understand, how much in practice such turn is real. After all, it often happens that there is a chance by law, but in reality it is impossible to implement it.

In fact, divorce through court without the presence of a spouse is normal. Perhaps, the chances for the implementation of this idea in life are 100%. After all, in practice, they are bred not only with the consent of both parties, but also unilaterally. It is enough to know about the cases when the presence of a husband or wife is not necessarily in a court or registry office. So what are the options for the development of events? What should I look for first?

Through registrar's office

The first step is to learn how to dispense with the court. After all, in some situations, citizens are divorced through the registry office unilaterally. Such a chance takes place only in certain circumstances.

Among the most common cases are:

1. One of the spouses is in custody or is in prison. Then the divorce is through the registrar on the application of the second half of the prisoner.
2. If there is a judicial opinion. The court decision is the basis for issuing a certificate of divorce unilaterally.
3. Death of the spouse. This is the basis for obtaining an appropriate document confirming the divorce. And he is issued after the certificate of death.
4. Finding one of the parties in a psychiatric hospital or recognizing incapacity for a citizen. Usually in such cases there is also a judicial opinion.

But much more interest is caused by divorce through court without the presence of a spouse. Documents that need to be provided in this or that way, as a rule, change. But about them later. First, you need to understand when the process is formalized with only one side.

Repeated treatment

Quite often it happens that the couple did not agree with the characters. And one of the spouses wants to issue a divorce. First, the simplest situation will be considered - the absence of children and common property (or property disputes). If someone does not agree with the divorce, you can apply to the district court with the appropriate application. And unilaterally.

Accordingly, the divorce case will be considered for some time. The judicial authorities will fix the date of the meeting. Both sides will be invited to it. Nevertheless, some citizens who categorically disagree with the divorce prefer to ignore the meetings.

Divorce through court without the presence of a spouse (without children and other encumbrances) in this situation is possible. Several times the meeting will be postponed. But if a person stubbornly avoids appearance, then the process will end in a compulsory manner. According to the law, they can not forbid divorce. So, after a few unsuccessful invitations the couple will still be divorced. As practice shows, most often after 3 postponements cases people are bred, even if there is not one of the parties. In particular, the defendant. In any case, the applicant or his representative must be present. Exception - the presence of valid reasons. But in practice this is extremely rare.

Representation

What's next? Quite an interesting case is a divorce with a legal representative. Then you can not wait for the spouse. And this is quite normal phenomenon. A person who can not be present at the hearing in person appoints a representative representative. The corresponding document is issued at the notary. And then the defendant in the divorce case may be the one whom the second spouse will appoint.

Normal practice in modern Russia. In any case, it is in this situation that a divorce is quickly drawn up through a court without the presence of the spouse. The main thing is the presence of a legal representative.

Another country

What else is offered in Russia? Divorce through a court without the presence of a spouse (with or without children - this is not so important) is possible in the case of residence of a husband and wife in different countries. This is a normal, albeit relatively rare, practice. Nevertheless, quite often in this situation, often appoint a legal representative by proxy.

Of course, the residence of a citizen in the territory of another state (or in a remote place) will have to be documented. This process does not always go smoothly. And this fact must be taken into account.

Without a trace

Divorce through a court without the presence of a spouse takes place under slightly unusual circumstances. For example, if the other party is hiding or recognized missing. Then, with all the desire to not find the defendant. But at the same time, no one can impose a ban on divorce on the plaintiff.

For missing people, the existence of property and minor children is not important. After all, you can realize the idea quickly and without hindrance. It is enough to provide a certain list of documents. Only after this, the divorce proceedings will take place. The main thing is that the applicant himself came to the meeting. Or acted through a representative.

Physical impossibility

But the following situation is quite rare in practice. When there is a divorce through the court without the presence of the spouse? The application is submitted by one of the parties. And it is obligatory for the applicant to attend the meeting. This has already been said. But the defendant has every right to not come. And the reason for this is sometimes the physical impossibility of movement. For example, due to illness.

In such a case, as a rule, a legal representative is appointed. And he will replace the defendant by proxy. Or, as already said, the meeting will be postponed. Nevertheless, direct appearance is not required with the divorce side is not required. And every citizen should know about this. All the same, sooner or later a couple will be divorced.

Where to go

Now it is clear when it is possible to divorce through court without the presence of a spouse. The time and place of filing a claim are several other topics that citizens should know about. It should be noted that the lawsuit extends the process of divorce considerably. Therefore, if the marriage has no encumbrances, then it is best to agree and get a divorce.

If there is no such possibility, much depends on the situation as a whole. You can apply with a statement of claim to the district court. He examines cases:

• In the absence of children and property;
• There are no children, but there are co-acquired, costing no more than 50 thousand in total.

In the rest it is offered to address in a world court. This body is usually treated if there are underage children, and there are also serious property disputes.

Divorce dates

And how quickly can a divorce take place, if there is no second party at the meeting? It is very difficult to answer this question precisely. After all, as practice shows, the process is individual.

When it comes to a couple and relationships without encumbrances, the process of divorce will last at least 4 months. This is with the presence of a legal representative. 1 month from this period is allotted for the collection of documents for the filing of the claim and for the consideration of the case by the court. And 3 have a place for reconciliation. Sometimes it's possible.

If a person simply disappears, then the divorce process lasts for an average of 6 months. Sometimes longer. After all, first the second party will repeatedly call for participation in the meeting. And only after several failures the relationship will be terminated unilaterally.

In the presence of underage children, as a rule, too, the process is delayed for a long time. The presumable term, which is given in the absence of legal representatives of the defendant and one of the spouses, is also six months. So you have to have patience.

This is how the divorce is drawn up through the court without the presence of the spouse. Urgent without the presence of one of the parties, too, can dissolve. But this is possible only in cases when the dissenting spouse is at risk for the plaintiff, as well as for minor children. Not such a rare situation in Russia. The danger will have to be documented. For example, information about the beatings ever struck. Or by means of a medical report on the state of health of the defendant.

Documentation

Now it is clear how the divorce is drawn up through the court without the presence of the spouse. What documents may be required to implement the idea? Much depends on the situation, this has already been said. But in general, the list of everything necessary is known to many.

It includes:

• A divorce lawsuit with a detailed description of the situation;
• Identity card of the applicant;
• Marriage certificate;
• Documents proving the grounds for divorce (not necessarily, it may be a certificate of recognition of missing persons or medical reports);
• Birth certificates of children (if any);
• Statements and papers indicating the existing property acquired in marriage;
• Consent to divorce, certified by a notary (if the decision is mutual, not necessary).

No more special documents are needed. It is advisable to worry about the presence of certain evidence, as indicated in the statement of claim. For example, testimony. If the spouse lives in another country, this must be reported. And, of course, provide relevant information.

After the trial

Now it is clear how to divorce through court without the presence of a spouse. The application of the established form was filed along with all previously listed securities, the decision of the judicial bodies was received. And then what?

Next, you need to get a certificate of divorce in the registry office. It is not difficult to do this. You need to bring with you:

• Application (to be completed on-site);
• Identity card (passport);
• Birth certificates of all common children (if any);
• Judicial decision.

Literally in a few days (sometimes the process drags on for a month), you can get a copy of the divorce document . There is nothing special about this process. It is enough to prepare for the divorce correctly!