Divorce without presence in court

Divorce without presence in court

Not every divorce process requires the presence of both spouses. Sometimes even spouses may be absent from it. If you are faced with the problem of dissolving a family union, but you cannot or do not want to participate in the official procedure, you can use the option of unilateral divorce.

Divorce without the presence of a spouse through court

Termination of marriage is possible without the presence of one of the parties in such cases.

1. If a person is physically unable to be in court.

2. If a person does not agree to a divorce and by his absence expresses such disagreement.

3. If a person is declared incompetent or missing by a court.

In addition, there are options when a person is not only physically unable to participate in the divorce process, but also against it as such. In this case, a divorce requires going to court.

If one of the parties cannot be present at the divorce, then he must:

  • Authorize a trusted person to represent his own interests in the divorce process (for a divorce with the participation of a representative, a power of attorney is issued).

The judge will have to declare the marriage terminated in the presence of at least one of the parties expressing mutual consent to the official separation. If only one of the parties insists on separation, the matter can be resolved exclusively through judicial proceedings.

Documents for divorce without presence in court

To make a divorce possible without the participation of one of the parties, you need to collect the following documents:

  • statement;
  • marriage certificate;
  • birth certificate of each child;
  • documents confirming property claims (if any);
  • copies of the applicant’s identity documents.

The procedure for divorce in court without presence

The main feature is that divorce during pregnancy and within a year from the date of birth of the child is impossible. Divorce without presence in court

The court often uses the procedure for considering a case in absentia, that is, it is considered without the presence of the defendant (who does not want to break the union or is unable to attend the trial). The features of this procedure are as follows.

  • The judge duly notifies the defendant that divorce proceedings are pending that affect his interests, notifying the time and place of the hearing.
  • The defendant must report the impossibility at the meeting and ask to postpone the hearing or consider the case without him, but if the defendant does not exercise this right, then the judge decides the case in absentia, making a default judgment.
  • The defendant is given the right to appeal it within 30 days after delivery of a copy of the decision, but if he does not appear at the newly appointed meeting, then he will no longer be able to appeal the second absentee decision.

If the defendant fails to appear in court three times without good reason, the court decision will be made without his presence.

Divorce without wife present in court

Thus, it is possible to file a divorce even without the presence of the husband or wife. In the registry office, this can only be done if the other spouse is recognized by the court as missing or incompetent. Through a judicial authority, such a procedure is possible when there is no general agreement or one of the spouses does not agree to divorce at all.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for divorce without the presence of the spouses.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or lawyer, your case of divorce without the presence of the spouses will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance on divorce without the presence of spouses.

Alexey Scriabin
Alexey Scriabin
Family lawyer
Our many years of experience in the legal field are a guarantee of your success - this is what you need now to solve your problem.

You deserve our professional legal help!

Take the first step towards your victory in a legal case for divorce without the presence of spouses, call or write to a lawyer and you will receive answers to all your questions.

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