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How to divorce unilaterally through a registry office: documents, rules and features

Every year more and more divorces are taking place in our country. For today, for every two weddings, one divorce is necessary, and most often seek to break the relationship of a woman.

The question of how to divorce unilaterally through the registry office, worries many, because the second side often objects. Before submitting an application, you should carefully consider the situation.

how to divorce unilaterally through the registry office

Divorce

Claim for divorce can be based on onlyonly the unwillingness of one spouse to remain in the family. However, such an argument is not acceptable for a husband whose wife is pregnant or engaged in raising a child under the age of one year. In this case, the wife has the right to terminate the marriage at any time, regardless of the state and number of children.

If the second party does not object, but for various reasons is unable to go to the registrar for confirmation, you can act in two ways:

  1. A spouse who can not appear, assures the notary of the application and sends it to the second party or immediately to the registrar / court.
  2. A party that does not have the opportunity to be present has the right to send a representative.

In the registry office have the right to assure the change of the status of the familyin the event that one of the parties is not present, but has expressed consent otherwise or has not informed of its decision. If the second spouse is against the divorce, then it is necessary to go to court.

It should be noted that the divorce of the spouses in court can occur with the application of the institute of absentia proceedings:

  • In the event that the defendant was notified ofbut he did not appear to him without a good reason and did not consent to the consideration of the case without him, the court may adopt a decision in absentia. To appeal against this definition, certain rules are established: the respondent must file a demand for his cancellation to the court that issued the decision. You can do this within a week, starting from the moment you receive a copy of the court decision.
  • If the defendant specifies the objective reason for non-appearance andimpossibility to warn about it in advance, the court can overrule the previous decision. After that the process will resume, but both parties will have to appear for each meeting, since it is possible to cancel the absentee decision only once.

how to divorce through the registry office unilaterally

How to divorce unilaterally through a registry office

This can be done at the request of one spouse, without having a court decision, if the other party:

  • incompetent;
  • was missing;
  • is in prison (the sentence must be for more than 3 years).

Without consent of the spouse in the registry office divorce only onthese reasons. It is important to know that if the spouses have children, the registry office can not help with divorce, even with the consent of both parties. It is possible to do this only through the court.

unilateral divorce of spouses in court

Automatic divorce

If none of the options for how to divorceunilateral order through the registry office, does not fit, you can apply for an automatic divorce. It can take, for example, if the spouse is afraid of her husband and wants to dissolve the marriage so that he does not know about it.

For this, it is necessary that the second party does not come for three consecutive hearings. It is interesting that the court in this case is not important reason: did not want, could not, did not know.
The existence of this item is due to the fact that the courtconsiders multiple non-appearance as an attempt to impede the process. Undoubtedly, this approach often harms one of the parties, but it always has the opportunity to challenge the court's decision by filing a lawsuit to restore the rights to children or part of the common property.

divorce unilaterally through court or registry office

Good reasons

Thinking about how to divorce in a one-sidedorder through the registry office or the court, it is necessary to know what causes are considered weighty. The legislation of our country is based on the principles of freedom of choice, including civil status. For the termination of marriage there is no need to invent or search for reasons - there is enough reluctance to continue the relationship.

9 out of 10 divorce suits are met,No one can force a person to live with someone against his will. Associated difficulties can affect couples who have disagreements on common property or the place of residence of children.

Documents for divorce

Knowing how to divorce through the registrar unilaterally, you need to prepare a package of documents for this:

  • Statement.
  • It's about marriage.
  • Identification.
  • A document certifying the impossibility of the presence of a second party (a medical certificate of incapacity, a certificate from the prison on the length of the detention, a document on the recognition of missing persons).

If it is required to initiate a unilateral divorce of spouses in court, it is necessary to add other documents:

  • Sv-va about the appearance of children.
  • Documents for joint property.

how to file for divorce through court or registry office unilaterally

Preparation of statement of claim

Before filing for divorce through the court or registry office unilaterally, it is very important to draw up a statement correctly. This can be done both independently and by resorting to the help of lawyers.

Conditionally, the application is divided into three parts.In the formal it is necessary to specify the requisites of the court, the plaintiff and the defendant. If alimony is collected at the same time as divorce, then the details of the children should be included in this part.

Next is a descriptive part of the claim, in whichshould tell a brief history of the family. When the marriage was concluded, when in fact the relationship ended, for what reason was the decision to divorce. Specialists advise to inform that the plaintiff believes that it is impossible to lead a family life. The most important thing is to report the defendant's disagreement with the divorce.

In the third part, it is necessary to indicate the rules of law, on the basis of which the plaintiff puts forward demands, and list the requirements themselves - a lawyer is useful here.
At the end of the application, you need a list of applications, a signature and a date.

Applying

If you have already found out how to divorce through the registrar unilaterally, and realized that this way does not fit, you need to go to court. Preliminary it is necessary to specify the schedule of his work.

The application must be in triplicate:the court, the plaintiff and the defendant. Copies of the annexes should be made in two copies: the court and the respondent. Copies remain with the plaintiff. When submitting a lawsuit, you should have the originals with you, so that their copies are assured in court.

After this, you should expect the date to be assigned.

Divorce unilaterally through a court or registrar, according to the laws in force, is possible. The main thing is to take into account all the nuances when drafting the application.

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