It is relatively easy for his wife to divorce a man who has been sentenced to more than three years. But what about the one who is in prison and is the initiator of the divorce? The divorce procedure can be carried out without waiting for release and personal presence at the divorce proceedings.
Instructions
Step 1
Talk to your spouse - perhaps the decision to divorce will be mutual. In this case, in the absence of joint and adopted children, the divorce can be filed through the registry office. To do this, the prisoner needs to send a completed divorce application, certified by the signature of the head of the colony, to his wife's address. She, in turn, also draws up an application, pays the state fee and takes the documents to the registry office. In addition to applications and a receipt for payment of the duty, only a marriage certificate and a wife's passport are required.
Step 2
If the wife does not agree to a divorce or the spouses have children in common, they will have to divorce through the courts. Before filing a statement of claim, it is recommended to choose a trusted person who will represent the interests of the prisoner in all necessary instances, pay fees and receive copies of documents. A confidant can be a relative or friend, no confirmation of any family ties is required. Prisoners' brides often act as proxies.
Step 3
Issue an official power of attorney, in which be sure to note that the authorized person has the right to represent your interests in court and obtain the necessary documents at the registry office. Without this mark, the trustee will not be able to obtain a divorce certificate.
The power of attorney is certified by the signature of the head of the colony or an invited notary.
Step 4
The next item is the drafting and filing of a claim with the magistrate's court at the place of residence of the spouse and the payment of the state fee at the bank. The court must submit a statement and a copy of it for the defendant, a receipt for payment of state duty, a marriage certificate, copies of birth certificates of children. The statement of claim is signed by the prisoners and certified by the signature of the head of the colony.
Step 5
The trial will take place at the appointed time. If the plaintiff's claim for divorce with the defendant is satisfied, the authorized person can receive a divorce certificate from the registry office in the name of the prisoner under his own signature and upon presentation of a passport. The corresponding stamp in the passport will be put upon release.
