How to quickly divorce your husband in 2021: by consent, without consent

It takes a long period of time for the spouses to officially make the decision to separate; this is not a momentary desire. The reasons for this may be different, they accumulate, and a conscious decision comes to terminate the legal relationship. Sometimes by this point the husband and wife are not living together or even talking. Hence the logical question: how to quickly file a divorce without wasting time and nerves on lengthy proceedings.

Let's look at the main ways to quickly get a divorce, and what factors influence the speed of the process.

How to get a divorce through the registry office

The fastest possible divorce is filed through the registry office. In order for a decision to be made as quickly as possible, the following conditions must be met:

when they submit an application, appearing in full force;
mutual agreement;
The spouses have no young children.

That is, the husband and wife have no claims against each other and have agreed among themselves on the division of property. To get a divorce through the registry office, you need to write an application for divorce and pay a state fee in the prescribed amount. You must take your passports and marriage certificate with you. After submitting the documents, they will be officially divorced in 1 month and 11 days.

One person can come to the registry office if there is a statement of the second spouse confirmed by a notary or he is unable to move due to incapacity, imprisonment for a period of 3 years or more, is on a long business trip or is officially missing.

If, for any reason, the process cannot be formalized through civil records, you should contact a law office, where they will tell you how to quickly file for divorce through court proceedings.

Divorce without the presence of a spouse

There are two parties involved in the divorce process – husband and wife. It doesn’t matter where the divorce is filed: in the registry office or in court - the opinion of each spouse plays a role. However, the law provides for the exclusive possibility of unilateral divorce. This procedure is applicable only in cases where the opinion of the second spouse cannot be obtained:

The spouse is missing;
Incapacitated;
Sentenced to more than 3 years.

Read more: How to get a unilateral divorce through the registry office in 2021.

Important: To get a unilateral divorce, you must have a court decision recognizing a person as missing/incompetent or a court verdict in a criminal case.

The interested spouse can contact the registry office and submit an application only on his own behalf (Form 9, can be downloaded below). The application is accompanied by a copy of the passport, marriage certificate, court decision/sentence, and a receipt for payment of the fee.

[download url=”https://razvodguru.ru/download/zayavlenie-o-rastorzhenii-braka-v-odnostoronnem-poryadke.doc” title=”Application for unilateral divorce, form No. 9 (form)”]

A month must pass from the date of filing the documents, after which the marriage is dissolved. This option for terminating an abusive relationship is applicable only in the cases described above.

How to file a divorce through court

It is necessary to officially terminate the relationship in court if:

the second spouse does not agree to end the relationship;
have minor children;
There are certain disagreements when deciding to divide property.

In certain cases, a quick divorce is possible if there are minor children. This development of events presupposes mutual consent when the spouses can agree on custody. Then you can file a claim with the Magistrates' Court, which will be given a decision on divorce after 2 months.

Otherwise, you will have to go to the district court. Then you will have to wait for a divorce, the quick registration of which will take 3 months, after which a positive decision will be made. It will be issued within these deadlines if there are no complicating factors, for example, the failure of one of the spouses to appear at the meeting.

Time limit for considering a divorce case

It is also necessary to remember that the law establishes not only a minimum, but also a maximum period for consideration of a case. According to civil procedural legislation, the time limits for consideration of a case in the courts are:

For justices of the peace - within a month after the claim is accepted for consideration;
For district courts, this period of time cannot be more than two months.

However, you need to keep the following in mind:

This time is counted from the moment the judge made a ruling in accordance with Art. 133 of the Code of Civil Procedure of the Russian Federation - and not after filing a claim. According to the law, no more than five days should pass from the submission of documents to the acceptance of the case for consideration, but in practice it takes at least a week;
The period for reconciliation is not included here.

USEFUL INFORMATION: How to get a divorce in another city?

Duration of divorce proceedings

The time frame within which a marriage is dissolved varies from 1.5 months, depending on the circumstances. Each divorce is an individual process, and its duration depends on several factors:

The acts of the Family Code, which regulate how quickly a divorce can be obtained, are directly affected.
Legislative norms of the Code of Civil Procedure of the Russian Federation, which determine the period of time to file an appeal.
How many cases does the judicial authority have, and how are postal notifications issued?
If one of the spouses files a statement about the illegality of the court decisions, the process will drag on for another 2 months.
If errors were made in filing a claim or application.

Therefore, before writing a statement, you should analyze the situation: is it possible to agree on a solution to the case, do the spouses have anything to share. If all issues can be resolved peacefully, then the process will happen faster.

Also, the following situations can affect how quickly a divorce is granted:

if one of the spouses has a conclusion from a psychotherapist or a certificate from a hospital about the incapacity of the husband or wife;
protracted business trip or illness, documented by a notary;
if there is a court order to keep one of the spouses in custody for more than 3 years;
a decision will be made within 1 day in the event of the death of one of the spouses, for this it is necessary to submit a death certificate;
if there is confirmation from the police about the missing second spouse.

It will be possible to get a divorce quickly if the parties have no claims or for one of the above reasons. In this case, 1 meeting will be enough for the couple to become divorced. Otherwise, a minimum of 3 meetings will be required.

Is a quick divorce possible if there are children?

A quick divorce from a minor child is possible only when the husband and wife were able to agree and resolve custody issues amicably. But even in this case, they need to file an application in court. Having agreements will help not to delay the divorce process, but to resolve everything in at least 1-2 months.

The easiest way to quickly file a divorce with a child without spending a lot of time is to enter into an agreement that states:

where will the children live after the divorce?
who is responsible for the content and in what proportions;
who is involved in education and to what extent;
the order of meetings with father or mother, depending on where you live;
the order of the child’s relationship with the immediate family circle.

Where should spouses go?

The legislator in the paragraphs of the Family Code of the Russian Federation determines that the fact of the presence of children makes it impossible to dissolve a marriage according to a simplified scheme - through the registry office (Article 21 of the RF IC). Therefore, you can divorce your wife if you have a child:

through the court by filing a statement of claim;
through the registry office, after waiting for the child to come of age;
through the registry office in exceptional cases (Article 19 of the RF IC).

The consent of the second partner does not make it possible to use a simplified method of divorce, but it speeds up the divorce process. Participation in the case by a guardianship representative is mandatory.

The procedure for divorce and division of property through the court in the presence of children includes: divorce, determination of the child’s living conditions, and assignment of alimony. If the partners were unable to agree on controversial nuances regarding the issue of the child’s place of residence or the amount of future alimony payments, then the court will make a decision. If there is a desire and grounds, the court decision can be challenged on appeal.

Divorce if one of the parties disagrees

Despite problems in the family, both spouses do not always agree; someone may resist divorce. Even if one person is against it, when filing an application, the court will consider the case and divorce the spouses unilaterally. However, this will not be a quick divorce, since the husband or wife is trying in every possible way to hinder the divorce process. This may result in the entire period taking 3 to 6 months.

The following circumstances influence this:

if one or both participants in the process fail to appear at court hearings;
if there are children under 18 years of age, and it is necessary to determine their future relationship with their parents and place of residence;
there are unresolved disputes regarding property, credit debts;
if the spouses live in different cities, countries or do not know where the second spouse lives;
if the husband or wife is opposed to divorce and asks to delay time to reconcile.

Article 17 of the Family Code states that they will not divorce at all when the spouse is pregnant or there is a child who is under 1 year old. The wife has the legal right not to grant permission for divorce, and the judge's decision will be on her side in order to save the family.

It is the above reasons that can significantly affect the speed of official termination of family relationships.

What does the court take into account when making the final decision?

In order to quickly file a divorce and simultaneously resolve all related problems, it is necessary to prepare extremely thoroughly for the court hearing process. When there is a dispute between spouses about children, the collection of alimony, or the distribution of property, strong evidence is required in order to accurately defend a personal position. Such documents may be:

Official original documents or notarized copies.
Various audio or video recordings.
Accurate testimony.
Some expert opinions. When an examination procedure is necessary, a weighty relevant petition should be submitted to the court.

When resolving the issue of where and with whom the children will live after a divorce, the court takes into account a lot of circumstances: the real age of the child, as well as his opinion, financial situation, level of attachment to each of the parents and the moral qualities of each spouse. The child’s opinion is taken into account only when he is already 10 years old.

Procedure for terminating official relations with a foreigner

They divorce foreigners in the same manner as all citizens of the country. The method of how to quickly dissolve a marriage, in this case, depends only on the relationship between the spouses:

If spouses divorce by mutual consent and without minor children, then a joint application to the registry office will help. It is also possible to file a divorce through this body if the foreign spouse has not lived in the country for a long time. To obtain a divorce from a husband who is a citizen of another country, it is necessary to provide a certificate certified by a notary that he is not against ending the relationship.
It will not be possible to quickly resolve the issue in court if there is no consent from the foreign husband. This is due to the fact that the court is called upon to diplomatically resolve the dispute without violating the rights of a citizen of another country.

Why you need to wait it out

Very often you can injure yourself again in such a hurry, “random partners” will not be able to satisfy your emotional hunger, your habit of living “as before” is still too strong, and the new partner may simply have a desire for “intimacy”
However, the situation may be the opposite, and a person may be 100% suitable for you, but you are still in that “old” relationship and now you do not have the strength to evaluate and see everything correctly
You can get into the “wrong” relationship, and you can simply be manipulated and take advantage of your state of “pain”
“I molded him from what was”, this is already in the category of fear of being alone, so I’ll go with what I have

The reasons to get a kick again are growing exponentially. You are not ready for a new relationship until you “get over” this breakup. It is a fact!

“I’m somehow not like that,” since they left me, abandoned me, divorced me...

This is the most common phrase that women say to themselves. Self-esteem drops significantly. Immediately the accusations begin in favor of the fact that:

Doubts about your feminine qualities
Dissatisfaction with your appearance
Finding flaws
Playing out endless dialogues in your mind: “If I hadn’t said that, acted like that, didn’t do that, then everything would have been fine.” And this is an illusion that definitely won’t help you now.
Searching for the reasons for one’s “guilt” and insolvency

The biggest doubt that arises is that there may still be the possibility of a new relationship, perhaps even better than the previous one. The conclusion is always the same: “Nobody needs me anymore . Sometimes a partner offends by saying these words “out of the kindness of his soul.”

Get a divorce quickly and easily through online services

If you want to find out what needs to be done and how to quickly file a divorce by mutual consent, without leaving your home, then see in detail about this on the State Services website.

To obtain a divorce online, each spouse must register, log into their personal account and submit an application for divorce. This order exists only when divorced through the registry office.

The service is convenient because there is no need to leave home and you can simply submit an application and pay the state fee. Divorce will take standard time.

What does divorce from her husband mean for a woman?

People who once loved each other decided to divorce for various reasons. Psychologically, you need to experience this “with less losses” for yourself. And this can be learned; now many things are experienced much easier with the help of knowledge than, say, 10-20 years ago.

You just need to know how easier it is to survive a divorce from your spouse, and continue to live happily...

Severance of family relationships

Divorce resonates differently in everyone’s soul:

A tragedy on a “universal” scale
Liberation from shackles and freedom
Many people face everyday difficulties “face to face”
Many are not ready to live without financial dependence on the giving party
Someone is simply completing a simple legal formality, since the relationship has long been over, and only a stamp in the passport reminded them of this
Betrayal of a loved one and the “wreck of your family ship”, your hopes and dreams, plans for your future life
Negative emotions, anger, even physical illness, sometimes depression

In a word, it doesn’t matter, this is a change in status and the person still feels the loss and worries about what awaits him ahead. There is a feeling of emptiness next to you, especially if you have been in a relationship with your partner for more than 3-5 years. The distribution of certain responsibilities, the rhythm of family life is always different than if you are alone, and the responsibilities of being alone definitely increase.

A joint budget allowed us to have more opportunities, and most importantly, peace of mind. There is no need to fight for survival and calculate money with special care, and the responsibility for everything lies entirely with you. No one will be able to transfer it. You are now in “free flight”.

Psychologists advise not to rush into relationships at all. If you don’t throw yourself “into the deep end”, you can only make things worse for yourself.

How can you speed up your divorce?

The divorce process is regulated by the family code and civil law acts.
The minimum period that must pass to obtain a divorce is 1 month and no less. Depending on related reasons, such as minor children, division of property, debts or disagreement of one of the spouses, the process can last from 3 to 6 months. Lawyers can advise you on how to quickly get a divorce, taking into account each individual case. In general practice, the following steps can be distinguished:

Availability of a statement of claim drawn up without errors.
Documents are submitted along with the claim.
Ideally, written or verbal consent should be obtained from the other spouse. If it is not there, you will need to give examples and justify why divorce is a necessary measure.
Discuss in advance all agreements regarding the division of property or debts, communication and provision of minor children
Both parties must be present at all meetings. What to do if one of the spouses intends to delay the process? You can submit a request to consider the case without the presence of the applicant, indicating the reason for the absence. Then, if the husband or wife delays the process and does not attend the courtroom, the divorce will take place without the presence of both spouses.

This order must be followed when planning a divorce and deciding how to get a divorce quickly. In order not to take risks, it is better to enlist the help of an experienced family lawyer who will help you correctly draw up and submit documents, and will also supervise you throughout the proceedings.

Get yourself out of the "SWAMP"

Give yourself time and go through the breakup alone, “get over it,” cry, get angry at him and at yourself, talk it out, write down this “pain,” even get some sleep... but determine for yourself the time to “live” the pain. Let it be 1-3-6 months. This must be done so as not to get stuck in this state of “illness” for a long time. AND THAT'S ALL!
At this time, you need to “clean” everything, from cabinets to cleaning old things that remind you of this person. Just put it “out of sight.” Give rest to your memory, you don’t need to stumble upon his “favorite cup”, photo, chair, book. Remove EVERYTHING.
Change your image and go in for sports. There will be more “good” adrenaline, as well as positive emotions.
Psychological support would be of great help to you. You will get through everything faster and easier, and the topic will be closed to you. It’s easier to draw your new image with a psychologist. It will also help us come out of this crisis energetically renewed.
At this moment, it is important to take care of yourself, your interests, deferred hobbies and interests. Don’t get stuck within four walls and don’t close yourself off from people.
Go on a trip, as soon as the “pain of loss” subsides a little, new experiences will quickly return you to the “track of a happy” life.

You need to prepare yourself for changes and give yourself time to renew yourself in all areas of your life. These changes will come gradually and faster if you approach this consciously and with a good mentor-psychologist.