Divorcing in absentia may be the only way out if the second spouse is not interested in a divorce, refuses to take part in the process, does not get in touch.
Absentee divorce in the registry officeThe registry office does not provide for such a form of divorce as correspondence. As in the case of marriage, its dissolution in the registry office should be with a personal presence.
The divorce in the registry office takes place in two stages with a temporary break of about a month:
- ✔ filing an application;
- ✔ and directly divorce.
You will be required to personally attend both spouses at least once upon application or divorce. The second visit to the registry office can be replaced by submitting a notarized statement.
Absentee divorce through courtAn absentee divorce in court is the consideration by a court of a case of a divorce in absentia and the issuance of an absentee decision.
Absentee divorce is significantly common. From a third to half of all divorces, the court considers in absentia.
Divorce refers to civil proceedings. The procedure for conducting an absentee review of cases of divorce is defined in the Civil Procedure Code Chapter 11.
If one of the parties cannot be present in court during the consideration of the case, it may use a representative. For civil cases, the institution of representation operates; if representatives of the parties participate in the case, such a case is not considered in absentia. A representative may be a lawyer with a contract and a warrant or a lawyer by proxy. A divorce is not considered in absentia if a representative of the defendant is present.
The terms of the absentee review of a divorce case established by Article 280 of the CPCU:
- ✔ the plaintiff is not opposed to the decision in absentia;
- ✔ the defendant did not submit a review;
- ✔ the defendant did not disclose the reasons for his failure to appear;
- ✔ the defendant was notified.
An absentee decision has features in appeal, but generally does not differ from the usual decision. An absentee court decision on divorce shall enter into force at the same time as the ordinary decision (30 days from the date of notification of the parties).
As regards the notification of the defendant, the court shall notify the defendant by means of a subpoena with a subpoena. The subpoena can be sent by mail, placed in an ad on the official website of the judiciary, sent to the officially registered e-mail of the defendant, also by means of mobile communications that provide the fixation of a message or call. In the case of sending the summons by mail, the defendant shall be deemed notified on the day:
- ✔ receipt of receipt of receipt of notice;
- ✔ marks of refusal to receive judicial notice;
- ✔ marks on the absence of the defendant at the address of registration of location, place of residence, place of stay.
Making absentee divorce in some cases may be the only way to divorce. Our lawyers, based on their experience, will help you file an absentee divorce as soon as possible in compliance with the law.
You can order a full divorce case or a separate statement of claim through our website - by phone or through the service order form on our websitehttps://www.yurdopomoga.com.ua.
We will be happy to help.
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