How to get a divorce without a trial

How to get a divorce without a trial 2025

Married couples who have decided to end their marriage for good often ask the question: how to get a divorce without a trial? Many spouses want to avoid litigation, as it takes a lot of time, money and nerves.It should be noted that registration of divorce proceedings without a trial is possible under certain circumstances. A married couple should understand where to go to file for divorce.

Family Lawyer

Skryabin Alexey Nikolaevich

Hello! In this article, we will look at how to get a divorce without a trial, in what cases this is possible, as well as about the features of a divorce in the registry office.

Divorce without trial: grounds

For a married couple to be able to divorce without a trial, there must be legal grounds. After all, the divorce procedure is regulated by legal norms and rules.

For the dissolution of a marriage without a trial, the prerequisites are:

1. The absence of a married couple of common children who have not reached the age of majority.
2. The mutual consent of the wife and husband to break off the marital relationship.

In addition, both spouses must come to the registry office to submit a joint application. If one of them cannot be present, then you should issue a power of attorney for the second spouse and write a statement.

The power of attorney and the application must be notarized. That is, you can file a divorce at the registry office without the presence of one of the couple.

How to get a divorce without a trial through the registry office

You can get a divorce through the registry office without a court by filing an application for a divorce. Such a statement is written by a husband and wife. In addition to personal data in this application, the spouses can indicate the surname that each of them will have after the dissolution of the marriage.

Together with the application, copies of passports, TIN, as well as the original marriage certificate are submitted to the regional registry office.

When you can not get a divorce without a trial

It is impossible to dissolve a marriage without a court in the following situations:

1. The couple has common small children (under 18).
2. There are disputes between spouses regarding the upbringing of children or the division of property.
3. One of the couple does not want to get a divorce and prevents it.

Important! If you have children and your spouse does not agree to a divorce, you must apply to the judicial authorities. In the event of disputes between spouses regarding the division of property, a judicial divorce procedure can be avoided.

So, spouses can dissolve the marriage in court, and resolve issues regarding the division of joint property in court or through a lawyer.

Divorce without a court without the presence of a spouse

An exception to the rules for filing a joint application for divorce at the registry office is the recognition of one of the spouses as missing or incapacitated. In this case, the application is submitted by one of the couple.

The husband or wife must attach to the documents and the application a court decision on recognizing the second spouse as missing or incapacitated. This document is the basis for filing for divorce at the registry office without the presence of one of the couple.

Divorce without trial

The procedure for dissolution of marriage through the registry office without a trial implies that the husband and wife will contact the regional registry office to submit documents and applications.

Before submitting documents, you must pay the state fee. The receipt of payment is attached to the documents for divorce.

After submitting the application, the registry office assigns you a date when you can come and receive a certificate of divorce. It usually takes 30 days from the date of application to the receipt of the certificate. During this period, the spouses can change their mind and withdraw the application, as a result, the marriage will not be dissolved.

Lawyer services: how to get a divorce without a trial 2025

A family lawyer specializes in filing a divorce and resolving related issues – the division of joint property, determining the place of residence of the child and others.

Therefore, by contacting a family lawyer, you can be released from the obligation to prepare documents, applications for divorce. The lawyer will do everything necessary to dissolve the marriage quickly and without problems.

With the help of a lawyer, you can get a divorce through the court and through the registry office. In addition, a family law lawyer can dissolve a marriage online – without your participation and presence.

Family Lawyer

Scriabina Daria Sergeevna

To quickly get legal assistance for a divorce from a spouse, we recommend calling or writing to our lawyers at the numbers listed on the website. We will help you file a divorce even in the most difficult situation.

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