Is it possible for one of the spouses to file for divorce at the registry office? Can one person file for divorce?

Divorce is considered an unpleasant procedure, which, contrary to the wishes of the spouses , takes quite a lot of time and sometimes nerves.

It is not surprising that men and women often want to reduce the legal side of the issue to a minimum. Is it possible to get a divorce quickly and without unnecessary hassle?

Yes, such a mechanism exists , but it does not always work and is not available to everyone. Not in all cases, even spouses who do not have mutual property claims against each other can divorce without a trial. Want to know all the details? Read our material to find out everything and even more about quick divorce.

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 in the registry office without the consent of the second spouse

Filing an application by one spouse if the other does not agree and there are common children is possible in three special cases specified in Art. 19 RF IC. More details about each of them:

If the second spouse is missing

The party applying to the registry office must have a court decision proving the unknown absence of the second spouse. To obtain it, it is necessary to notify law enforcement agencies that the location of the husband or wife is unknown, and the search does not yield results, then go to court, attaching information about the results of the search work.

If a positive decision is made on the claim, the guardianship and trusteeship authorities will act to protect the interests of the absent party and appoint a property trustee authorized to speak on controversial issues in court.

The spouse present at the registry office will receive a divorce, but if the wanted person shows up, he will be able to resolve issues about the children (their place of residence, support) and the division of property by concluding agreements or in separate court proceedings.

If the spouse is incapacitated

The second spouse, one of the relatives, a medical institution or guardianship authorities can go to court to prove the incapacity of the husband (wife) due to the presence of a mental disorder. If a forensic psychiatric examination shows significant deviations from the norm, the judge will make a positive decision on the claim to declare the person incompetent. Providing a court decision to the registry office will enable the second spouse to initiate divorce proceedings unilaterally.

The responsible person (guardian) is notified of the intention to dissolve the marriage. He can act on behalf of the ward by filing a claim and defending his interests in court.

When a husband (wife) is sentenced to a term of more than 3 years for committing a crime

If the husband is in prison and sentenced to a long term (from 3 years), the wife has the right to apply to the registry office without his consent. Having children does not limit the actions of the other half. The reluctance of the convicted spouse to divorce will not affect the course of the case.

Example. The wife appealed to the registry office to terminate the relationship unilaterally, providing a court decision, according to which the husband was sentenced to a term of 2 years and 6 months. The application was not accepted, justifying this by the fact that in accordance with Art. 19 of the RF IC, divorce in a simplified manner is carried out if the conviction is over 3 years old. The woman turned to her husband with a request to consent to the divorce process. The husband agreed, filled out an application on Form No. 9, had it certified by the head of the prison, who in this case acts as a notary, and handed it to his wife. By providing statements from her husband and herself, the woman was able to obtain a divorce.

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.

Questions for a lawyer

My wife is pregnant, but I doubt paternity.
I want to get a divorce through the registry office. My wife claims that I cannot file for divorce without her consent. Is it so? Answer: Yes, indeed, a man is limited in the right to file a divorce if his wife is expecting a child, is raising a baby under 1 year old, or suffered the loss of a baby at the time of his birth or during the next year. However, a husband can be granted a divorce without the wife’s consent after 1 year from the date of birth by filing a lawsuit in court. Termination of relations with a pregnant wife through the registry office is possible only with her consent and initiative on her part. If a child is born within 300 days from the date of divorce, the ex-husband will formally be the father of the child and bear obligations to pay alimony and support his wife during maternity leave. Paternity can be challenged in court by providing DNA testing results as evidence. Divorce during pregnancy on the initiative of the wife or husband
The husband lives 800 km from the place where the marriage was registered and does not want to come to the registry office for a divorce.
What to do? Answer: The spouse can fill out form No. 8 and take it and the passport to a notary for certification. Afterwards he must send the document by mail or hand it over to a representative. The wife provides the government agency with 2 copies of applications (her husband’s and her own), and upon returning to the registry office a month later, she receives a divorce certificate. How to file a divorce if spouses live in different cities
Do I need my wife's written consent for a divorce if I go to the registry office alone?
Answer: Written consent is required from the absent party if the divorce is being considered in court. For the registry office, a notarized statement from the spouse is sufficient. Application for consent to divorce
My husband was sentenced to 8 years, but I do not have a court decision to file a divorce under the simplified system. Will they give me a copy of the decision in court? Answer: Yes. To do this, you need to file a petition with the court to obtain a copy of the conviction decision. As a result, you will receive a laced and numbered document with the judge’s signature and seal, with which you can quickly file a divorce at the registry office.

Despite the apparent simplicity of divorce through the registry office, the process has a number of nuances. For example, if a spouse does not come forward for a long time and cannot be found, you can file a divorce from a missing person using a simplified system, but the procedure requires careful preparation. Often, an obstacle to filing a divorce is the other half living in another city or country. Lawyers from the site ros-nasledstvo.ru will advise you on the right course of action for divorce as quickly and painlessly as possible.

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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.

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.

FAQ

1. If one ex-spouse has already received a certificate of termination of marriage, do I also need to go to the registry office and receive this document? Answer: Yes, according to the law, a divorce certificate is issued to both former spouses.

2. At the moment I do not have a passport, can I get a divorce with a temporary identity card? Answer: in this case, you can dissolve the family union, since the temporary ID card completely replaces the passport.

3. At the time of the divorce, I lived in one city, but now I have moved to another city. Can I get a certificate in the city where I currently live? Answer: in accordance with the law, you can apply for a certificate to the civil registry office at your place of residence.

4. I would like to resolve the issue of divorce as soon as possible, in connection with the business trip and work. Is it possible to get a divorce on the day of filing the application or reduce the term upon termination of the marriage? Answer: alas, but no, the period of one month cannot be reduced. This period is specifically provided by law so that spouses can reconcile.

5. My husband was sentenced to more than three years. If I file, will he know that I want a divorce? Answer: yes, he will be notified about this by the registry office.

https://www.youtube.com/watch?v=QOdqOdqXY3I

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.

What are the deadlines for divorce?

If you have decided to legally formalize the termination of your marriage, our lawyers will help you understand the issues regarding the deadlines established by law. An expedited divorce takes a month. In case of litigation, the process lasts more than two months. The time frame for divorce in court is long due to the identification of controversial issues and the initiation of the court to reconcile the spouses.

Termination of marital life in fact does not affect joint rights and obligations until an official document on the termination of the marriage is received.

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.

Divorce

In order to get a divorce without involving a court, two basic requirements must be met. First, the man and woman must provide their consent to the divorce.

Secondly , spouses should not have minor children , because only the court deals with the right of guardianship over them. Let us note that if the spouses themselves cannot come to an agreement regarding property acquired during marriage or, for example, debt obligations, then it will not be possible to do without a trial.

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.