Divorce by power of attorney through the court, through the registry office

Modern life dictates its own rules, and what for several decades was considered rather an exception to the rule is today an everyday procedure for many couples in our country.

Divorce is a complex process in which a lawyer can help.

When a couple, tired of family life, decides to divorce, they should carefully consider all the nuances of the future procedure.

All business documentation in such cases is drawn up by a lawyer, but there are several aspects that you must be familiar with before submitting your application. The decision about the divorce process is not always made mutually. If one of the partners does not agree to dissolve the marriage for a number of specific reasons (unwillingness to share property, children, etc.), a conflict arises.

Is divorce possible by power of attorney?

Possible, subject to divorce in court. In this case, the interests of one of the spouses can be represented by a trusted person, both when filing a claim and during the entire divorce process.

It is impossible to instruct an authorized person to draw up an application and submit it in the prescribed manner to the civil registry office.

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Where to file for divorce

Samples of divorce documents

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What to do if your spouse does not want to get a divorce?

You can apply for divorce proceedings using a power of attorney. This method is one of the most accessible and assumes the impossibility of both spouses simultaneously filing a petition for divorce. A power of attorney for divorce should be issued in the case when the husband and wife do not have the opportunity or special desire to communicate with each other and completely avoid any meetings. Therefore, this type of divorce is characterized by separate filing of claims.

Divorce by power of attorney can be accomplished in two ways:

use legal services for divorce at the registry office;
submit an application for divorce to the judicial authorities.

Where should I go to draw up a power of attorney?

To issue a power of attorney for divorce, you must contact a notary office. In addition to the notary, this document can be certified by other officials:

by the head of the colony - when issuing a power of attorney for a person serving a sentence;
the chief physician of the hospital - if he is undergoing treatment;
the head of a military unit - in relation to powers of attorney drawn up by a serviceman or members of his family (the main condition in this situation is the absence of a notary office in the military unit);
by the head of a social service institution - the document can be certified subject to the full legal capacity of the person on whose behalf it is issued.

Contents and sample of the power of attorney

Sample power of attorney

This document must include:

Name – the word “power of attorney” is placed at the top of the sheet.
Place and date of compilation.
Full information about the principal.
Information about the authorized person.
List of actions for which a power of attorney is issued.
The period during which the document will be valid.

The cost of drawing up a power of attorney and notarizing it varies from 1 to 2 thousand rubles.

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Where to issue a power of attorney

As we have already found out, a power of attorney for divorce proceedings is needed mainly if there is a trial ahead. But if you simply write this document by hand, it will be declared invalid by the court. To issue a power of attorney, you will need to visit a notary office. As for the attorney, his presence here is not necessary. The principal must only take with him a copy of his passport. After the document is certified by the seal of the legal office, it must be handed over to the representative. When he goes to court, this power of attorney will need to be presented. However, a notary is not the only body that has the right to draw up a trust document. Powers of attorney certified by:

The head of the correctional colony, if the principal is serving his sentence there.
The head physician of a medical institution when the principal is inpatient treatment.
The head of the military unit where he serves is the person who wishes to appoint a representative for the divorce proceedings.
The head of the social organization in which the citizen who wishes to issue a power of attorney for divorce resides.

Cost of power of attorney

You need to understand that the listed design options are considered exceptions and are used in extreme cases when the principal is not able to visit the notary’s office. But in most cases, it is the notary who draws up and certifies the document. It is natural to assume that you will have to pay a certain amount for such legal services. Do not forget that this action involves the payment of a state fee.

Thus, the amount of the state duty is always the same and amounts to 200 rubles. As for the services of a notary office, their cost can range from 2000-5000 rubles. It all depends on how developed the region is. Also, pricing policies may vary from office to office. Experts recommend finding out the price lists of several companies in advance.

As for divorce through the court, you will need to pay 600 rubles. However, you need to understand that quite often legal costs increase. This is because it may be necessary to hire a lawyer. Also, the trial itself may last for several hearings. Additional costs may arise during the process. For example, you will have to pay additionally for obtaining a duplicate of a marriage certificate, obtaining an extract from the Unified State Register of Real Estate and much more.

Features of divorce by power of attorney through the registry office

To get a divorce in the registry office, the consent of each spouse is required (this is provided for in Article 19 of the Family Code, provided that there are no minor children). Such an expression of will is expressed in drawing up a statement in the established form.

A power of attorney in such a situation will not be required, since this is not provided for at the legislative level.

If one of the spouses does not have the opportunity to come to the registry office, then you can draw up an application at a notary office (this is done to verify the applicant’s signature). In this case, the second spouse submits both a notarized application (drawn up by the first spouse if he is unable to come in person) and his own application for divorce to the registry office.

In the event that one of the spouses is under investigation or serving a sentence (provided that its duration is less than 3 years), his signature can be certified by the head of the institution in which he is currently staying.

It is possible to unilaterally (even if there are children under the age of majority) dissolve a marriage through the registry office in the following cases:

if the second spouse is declared legally incompetent;
when the court declares the second spouse missing;
when a spouse is sentenced to imprisonment for committing a criminal act for a period of more than 3 years.

In a month, the divorce will be registered - this is carried out in the presence of the interested person who has submitted a corresponding application. Failure to appear at the registry office may serve as grounds for refusal to file a divorce.

Cost of power of attorney

Executing a power of attorney from a notary is not free; you will have to pay a state fee (notary fee).

The amount of the duty is established by Art. 333.24 of the Tax Code of the Russian Federation and amounts to 200 rubles in [current_date format='Y'] year.

In addition to the amount of the state duty, you will need to pay the cost of technical work on producing and filling out the power of attorney form, the amount of which differs depending on the region.

As a rule, the approximate total cost of a power of attorney will be about 1000-1200 rubles, but the exact amount should be checked with the notary you plan to contact.

The procedure for divorce by proxy in court

If one of the spouses wants to save the family or there is a dispute regarding alimony payments or the division of joint property, then the marriage can be dissolved by filing a claim in court. In this case, it is not necessary to personally submit an application and attend all meetings - it is enough to issue a power of attorney.

It should be noted that the authorized representative must be authorized to perform all (without exception) procedural actions. Otherwise, difficulties may arise during the consideration of the claim. In practice, divorce by proxy is often carried out in 2 cases:

if a person for some reason does not want to attend meetings (personal hostility between spouses, excessive work);
if the participation of a lawyer or advocate in the consideration of the case is necessary - this is relevant in cases where we are talking about the division of expensive property that was acquired jointly, the parties cannot determine with whom the children will live, or there are disagreements regarding alimony payments and their amount.

In order to avoid appearing in court at all, you will need to visit a notary and draw up a power of attorney for a person who will fully represent the interests of one of the spouses at all stages of the divorce process. The cost of this document depends on the scope of the assigned powers and other nuances (from 1 to 2 thousand rubles).

The period for considering a divorce varies from 1 to 3 months, it depends on the appearance of the parties and witnesses, filing various petitions for the appointment of examinations, appealing decisions and other issues.

Sample statement of claim

To ensure that the divorce claim is not left without progress or returned by the judge to eliminate deficiencies, when drawing it up, you should adhere to the requirements established by the Civil Procedure Code. In addition, you will need to collect a complete list of documents that will serve as evidence and will be used as applications.

Completed claim form

The statement of claim for divorce by proxy must include the following:

the name of the court to which the claim is sent;
complete information about the parties (plaintiff and defendant);
information about the authorized representative - in addition to personal data, the details of the power of attorney are indicated here;
the essence of the claims;
references to the norms of current legislation;
list of applications;
signature of the applicant and date of preparation.

In what cases can you get a divorce by power of attorney?

Legislation gives citizens the right to decide important matters through their representative. This also applies to divorce.

The physical presence of divorcing spouses in the registry office or court is often difficult or impossible. For example, one of them moved to another city a long time ago, and it is difficult for him to travel several hundred kilometers to court hearings. It happens that working conditions do not allow leaving the workplace. In the end, spouses may experience extreme hostility towards each other.

In such cases, the husband or wife (or both) prefer to issue a power of attorney to a third party. It is it that will represent the interests of its principal.

How to issue a power of attorney for divorce

Expert opinion

Egorov Stepan Stanislavovich

Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.

The power of attorney is issued by any notary, and can also be certified by other persons authorized to exercise certain notarial powers:

By the heads of the correctional institution - by powers of attorney issued by persons serving sentences there;
By the heads of military units - by powers of attorney of military personnel and members of their families, provided that there is no notary office at the location of the military unit;
Heads of social protection institutions in relation to powers of attorney of citizens staying in these institutions and provided that these citizens are adults and capable.

Perhaps such freedom will seem illogical in comparison with the rule of strictly personal representation in the civil registry office, but these are the general principles of building the judicial system, allowing any entity to act not only personally, but also through representatives in the framework of judicial proceedings.

Note: the representative in the case does not necessarily have to be a lawyer; it can also be another person to whom you have issued a power of attorney for the relevant purposes, as well as an experienced lawyer without the status of an attorney.

Divorce, especially when the process takes place in court, takes a considerable amount of time and moral strength from divorcing spouses. Therefore, the question of whether it is possible to file for divorce by power of attorney does not lose its relevance. Especially if the relationship between husband and wife is tense to the limit.

Is it possible to dissolve a marriage by power of attorney in the registry office?
Administrative termination of marriage by one spouse
Termination of family relations through a proxy in court
How and where to issue a power of attorney to terminate a marriage
Procedure for divorce by proxy

Content

Often, the procedure for dissolving a marital relationship occurs jointly with both spouses. In some situations, it is necessary to visit notaries, lawyers and divorce lawyers, contact the registry office or the courts.

In any case, applying to various institutions requires the husband and wife to submit applications and collect a package of documentation.

The divorce procedure takes a lot of time and nerves. In addition, divorce can be an emotional shock for the spouse, because such an event is not a pleasant one. In this regard, the question often arises: is it possible to get a divorce by power of attorney?

In addition to the reluctance to face the spouse, personal hostility and bad relationships, divorce by proxy is required when the spouses live in different localities or the husband or wife is seriously ill. You will learn how to dissolve a marriage by proxy and how to draw up a document in this article.

Expert opinion

Egorov Stepan Stanislavovich

Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.

However, in both cases, the legislation provides for the possibility of transferring the protection of one’s interests to a third party, but each case has its own nuances.

Administrative termination of marriage by one spouse

The law allows the dissolution of a marriage union at the initiative of one of the parties through the civil registry office in exceptional cases. To do this, we must be officially certified by the following circumstances.

A person files for divorce from a spouse who has been declared missing by a court decision.
The spouse wishes to dissolve the relationship with the person serving a prison sentence of more than 36 months.
The other half of the initiator of divorce is incompetent, which is confirmed by a special medical report.

Expert opinion

Egorov Stepan Stanislavovich

Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.

In this case, the party has the right to submit an application only in person, and the state fee will be 350 rubles. The certificate will be ready in one month.

Termination of family relations through a proxy in court

All other cases of divorcing citizens are considered by the judicial authorities. A married couple who were able to peacefully decide with whom and how their minor children will live and do not intend to share property worth more than 50 thousand.

rubles, submits a statement of claim for divorce to the magistrate. When there are disputes about children, and the property is worth much more than 50 thousand, the trial should take place at the district level.

And here, divorce by proxy is permissible, and in most cases is the only way to resolve relations between the parties. Many law firms specialize specifically in divorce proceedings, offering...

The most common reasons why people file for divorce by proxy are the following.

The reluctance of husband and wife to meet in the hall or their aggressive attitude towards each other. In this case, the trial turns into a battlefield and can drag on indefinitely.
Excessive busyness of one or both parties. For wealthy working people, divorce by proxy is a civilized way to end a relationship.
Significant property claims of the parties to each other. In such a situation, the matter concerns subtle matters of jurisprudence, which only a lawyer representing a participant in divorce proceedings can understand. Such a need arises, for example, when one of the spouses is in prison and has every chance of being left without property by the time of release. Divorce and division of property by proxy in court is perhaps the only chance for a prisoner to keep his property.
A power of attorney is vitally necessary during a divorce if there is a question about the child, or more precisely, about his place of residence and the order of upbringing. For example, taking advantage of the fact that the father was on a long business trip abroad, the mother decided to quickly dissolve the marriage and take her minor son to another city. The man cannot come to the hearing, so he draws up a power of attorney for the person who will defend parental rights in court on his behalf.
The defendant's conclusion, military service, or the person's stay in a medical institution. If a divorce is needed urgently and the parties do not object, then a remote divorce by proxy is an excellent way to solve the problem.