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Can I file for divorce without a spouse being present?

Breaking up a relationship is a difficult moment. It often happens that by the time this procedure is formalized, the spouses no longer live together, but have even left for other cities. Sometimes the relationship is spoiled so much that the presence of the second of the spouses in the same room can become the catalyst, because of which a real scandal begins. Therefore, they are often interested in how to conduct a quick divorce without the presence of spouses and what is needed for this.

First of all, it is worth noting that such a divorce, under certain circumstances, is possible both through the registry office and through the court. Here everything will depend on several main factors, namely:

  • the presence of mutual consent;
  • whether the spouses have young children (under 18);
  • are there any property claims;
  • other circumstances provided for by law.

It should be remembered that divorce through a court without the presence of a spouse is possible in any case, regardless of whether he agrees to this action or opposes it. The only unpleasant moment in this case is the delay in making a decision. After all, the judge will try in every possible way to make sure that all formalities have been complied with and in the future his decision will not be appealed and canceled by a higher authority.

Divorce through the registry office

The easiest way to end a marital relationship and get the appropriate document is to file for divorce through the registry office. This is possible if there are no children, property claims and both spouses agree to this. In this case, it is not necessary for both spouses to be present during the termination of their marriage. Divorce in the registry office without the presence of a spouse is possible if the second of them submitted a personal statement certified by a notary.

This practice is often used if, immediately after the actual breakup, the former spouses decide to live separately from each other. In this case, documents can be sent even by regular mail. You will receive a decision on divorce after the expiration of the statutory one-month period.

Divorce through the registry office without the presence of a spouse is also possible in the case when the other of the spouses is officially recognized:

  • incapacitated;
  • is considered missing;
  • has a criminal record, and the term of serving the sentence is more than 3 years.

In these cases, divorce without the presence of one of the spouses is possible even in cases when there are minor children at home and possible claims from the other party to property.

Litigation

But, taking into account the realities of our life and the desire of each of the parties to remain with a "big jackpot", often divorce proceedings take place through the courts. It should be noted here that this procedure can take place with or without the presence of the spouses.

In order for a divorce in court without the presence of the spouses to be legal, you should initially take care of issuing the appropriate powers of attorney to lawyers who will represent the interests of the parties. In modern society, it is a fairly common practice when only lawyers are in court, solving the problems of their clients.

It should be noted right away that a divorce without the presence of both spouses can be quite an expensive undertaking. And if you are sure that the other party does not want to spend money on such services, it is advisable to use the help of a lawyer at the initial stage, namely in the process of preparing documents.

Remember, if the other party does not appear at the hearing three times without a valid reason, the judge has the right to make a decision on the available documents. Therefore, if you have something to share, or there are certain circumstances, the consideration of which can significantly affect the decision, you should inform about it by all available means. Usually judges in such cases are reinsured and try to fully adhere to all formalities.

Do not forget about some restrictions that apply to men. The court will not accept a divorce petition from a man if his wife is pregnant or the couple has a child under one year old. At the same time, there is positive news for those women who are interested in whether it is possible to file for divorce without a husband if they are in a "piquant position" - there are no restrictions. True, in this case, the responsibility for the maintenance of the baby falls entirely on your shoulders.

Do not forget that if you have property claims, the need to receive a cash benefit from your husband in the form of alimony for the baby, you need to worry about the relevant documents in advance, or find out the sources where you can get such in order to claim them through the court in the future. This is important, especially when a divorce is being conducted through a court without the presence of a spouse.

The documents in this case are the basis on which the court will make a decision. Collect faster - get the required document faster and you will be able to officially terminate your marital relationship and live a free life.

The list of the most frequently requested documents should include: certificates of ownership of movable and immovable property, contracts for the purchase of large household appliances, receipts, certificates of income from the place of work of the spouse, which can be obtained through a court request (the main thing is to know exactly where such request to send), other supporting documents.

Remember, the speed of making a decision on divorce will depend on how much detail you fill out the statement of claim and attach copies of documents to it.