How to file for divorce unilaterally

Break the marital relationship is not always a mutual desire of the parties. Often the initiator enters only one of the spouses and then divorce is conducted unilaterally. How is this procedure and what documents are needed for this?

1
Divorce unilaterally: under what conditions is it possible?

In accordance with the Family Code grounds for divorce is the inability of a spouse attend procedure divorce or unwillingness one hand diluted. In this case, the termination of the marital relationship may be carried out both in the courtroom and out of court in the walls of the registrar.

In exceptional cases, may refuse to divorce unilaterally. This happens if the family has children younger than 1 year, or if the wife is in a position not to give its consent to a divorce.

2
Divorce unilaterally by the registrar

Termination barge through the registrar occurs in two cases:

The couple came to a mutual agreement, and do not have common minor children. you need to submit a written statement of the established sample for the passage of a simplified system of divorce spouses (it is in the registry office). If you come in person is not possible, you can send a trustee with a notarized statement. After that there will be changes to the registry, and you will be given a certificate of divorce.
Divorce takes place at the request of one side, and the resolution of another - is not required. This occurs when there is a court decision on incapacity of missing, about the criminal responsibility or death of a spouse.

3
Divorce unilaterally through the courts

If a family has young children, or spouses can not peacefully resolve the issue of divorce, alimony and division of property, have to apply for a divorce unilaterally in court.

It is very difficult and not very pleasant procedure, which provides for such action:

Writing a statement of claim in court. Be it a lawyer can or can use a suitable model for your situation. It sues three copies.
Collect a list of required documents. For the court need to prepare such documents in duplicate: a receipt for payment of registration fee, a copy of the marriage certificate and the birth of a child, a certificate from the housing enterprises at the place of registration of the plaintiff. Separately, you may need an agreement on the place of residence of children.
Filing a claim in court. The application is submitted by the defendant's place of registration. As an exception, may appeal to the court at the place of residence of the plaintiff, if his state of health does not allow access to the court at the defendant's place of registration.

Once the application is accepted, the specified address will summons with notification of the opening of the trial and the date of the first meeting. This happens in about a month.

The length of the process depends on whether the agreement has been reached between the spouses. If no contradictions arise, marriage is terminated immediately at the first meeting. In case of absence of the defendant, through the three sessions marriage terminated automatically.