Despite the extensive regulation of divorce issues by law, sometimes there are some misunderstandings that cause misunderstanding both on the part of former spouses and people close to them. Sometimes it becomes unclear: a divorce has occurred, but even he himself is not sure whether the person is divorced. How can this happen and what should be done?
How to check if a marriage is divorced?
Start over. Any marriage is registered in the registry office. The registration procedure ends with the issuance of a certificate. In addition, the newlyweds’ civil passport is stamped and recorded, which is proof of an officially registered marriage.
If you need to find out whether a person is divorced and you are on friendly terms with him, you can ask him directly and ask him to provide a marriage or divorce certificate, or look at his passport.
Let’s imagine that it’s impossible to check your passport “head-on”. Many people advise contacting the registry office directly and they will tell you everything. This is not entirely true, and for the following reasons:
- Firstly, a marriage union can be registered by any registry office, not necessarily at the place of residence of the newlyweds. You can’t “knock” on everyone, hoping for luck.
- Secondly, no one provides such information to third parties. Information about a person’s marital status is strictly confidential.
Note! You can find out from the registry office whether a particular person’s marriage is registered. To do this, you need to send an official request. However, not everyone can do this, but only interested parties - the heir or the second representative of the married couple.
From what moment is divorce considered valid?
It is a common belief that a divorce is finalized immediately after the doors of the courtroom have closed behind the former spouses. This is a misconception, because a marriage is considered legally dissolved only from the moment when the registry office staff made a corresponding entry about it. Even after a court hearing with a decision to divorce the spouses, the family will still officially exist until it is recorded in the civil register.
After the entry is made, the former spouses will each receive a copy of a certificate confirming the fact of dissolution of the marriage. This certificate is a very important document; its absence will significantly complicate the life of a citizen, since it is impossible to prove the fact of divorce without it, entering into a new marriage, as well as some other legal procedures will become unavailable. For the law, the fact of receiving a certificate has no legal force, and without an entry in the deed book at the registry office, but with the paper in hand, the marriage will still remain relevant. The certificate is necessary for the spouses themselves to continue a comfortable life without the restrictions imposed by the institution of marriage in the eyes of the law.
Video: How to get a man to tell the truth? Why do men lie to women?
How can you tell if a person is divorced?
Not only close people, but also a jealous girlfriend or future spouse can be interested in your marital status. Why would a stranger know this? As a rule, such data is necessary for a person to protect himself in a given situation.
The most common reason for collecting data is the purchase of real estate. It is at such moments that you should beware of trouble. If it suddenly turns out that the seller is married and has a child, but this fact is hidden, a conscientious buyer may have serious problems in the future.
When making a transaction to sell real estate acquired during marriage, it is necessary to obtain the consent of both spouses - this is required by law. As a rule, employees of a real estate office are ready to collect such information. But you shouldn’t rely on them - a realtor cannot legally obtain this data.
What advice can you give to potential buyers? Before completing the transaction, be sure to ask the seller to provide a notary with assurance that he is not in a marital relationship. Of course, this information will be recorded from the words of the seller. However, if it is necessary to bring the case to court and it is established that the former owner deliberately deceived, the recording made by the notary will have evidentiary value. And then the seller can be prosecuted for fraud.
Another piece of advice is to insure the purchase and sale agreement against unforeseen situations, including invalidation of the transaction. Do not neglect this option, so as not to end up without money and without an apartment.
Was there a divorce in court?
It happens that spouses, being in hostile relationships, travel to different cities and build a personal life separately from each other. After a few years, one of them decides to remarry. And then a reasonable question arises: did the former other half file for divorce or does the long-forgotten marriage union still legally exist?
On the Internet you can find many online services and databases that, for a reasonable fee, promise to collect information about a citizen, including finding out whether he is married. Be careful: sometimes these services are provided by scammers. As mentioned earlier, in our state this data is not publicly available. Therefore, sites that provide this kind of service simply take money from overly gullible people. You can get the answer (with a 50/50 probability), but the actual state of affairs may turn out to be completely different.
If you want to know whether the marriage has been dissolved in court, proceed differently:
- First of all, check all documentation received by mail. And if the divorce process was initiated in court, you should receive a summons - even if you have not met your spouse for several years.
- Send an official request to the magistrate or district court (at your place of residence or the place of residence of your other half), request information whether the divorce took place in absentia - without your participation.
- Call the court office and find out if your name appears on the list of participants in any legal proceedings.
- In addition, information about the trial is available on the official websites of the Ministry of Justice (for example, on the court website). By entering your last name in the search bar, you can always find out whether you were the plaintiff or the defendant.
If there is no information about the divorce in court, there is a possibility that the husband or wife did not file for divorce. In the registry office, it is impossible to terminate a marriage without the participation of one of the spouses, since there must be written applications for divorce from both the husband and wife.
At the same time, in some cases, the law allows you to dissolve a marriage in the registry office at the request of one of the spouses, we will talk about this later.
Was there a divorce in the registry office?
According to Art. 19 of the RF IC, a marriage union is dissolved administratively, unless:
- husband and wife agree to divorce and come to the registry office for this purpose;
- the married couple does not have a common minor child;
- there are no disputes about the division of jointly acquired property.
If these conditions are not met, the divorce process takes place in court. Therefore, in practice, a situation where spouses were divorced at the registry office and one of them did not know about it is impossible.
However, the law allows the termination of a marriage under the following circumstances:
- the husband or wife is declared missing;
Let's give an example: a spouse moved to another region or even another country without informing anyone. Relatives filed a complaint, the search did not bring results - throughout the year the man’s whereabouts were never established. The court then declared the husband missing. In this case, the marriage union can be dissolved at the request of the wife, and her husband will never know that he has become an “ex”.
- one of the spouses is declared legally incompetent. It is difficult to obtain such a decision, since a conclusion from a forensic psychiatric examination is required.
- one of the representatives of the married couple was sentenced to imprisonment for a term of 3 years or more. This is a very common situation - wives who do not want to wait for their husband resort to it. Until his liberation, the man has no idea that his marriage has ceased to exist. And this is understandable: there is no stamp in the passport, and he has not been issued a divorce certificate.
In each such situation, it is necessary to send an official request to the registry office department where the union was registered. The letter can be delivered in person or sent by mail. Only after receiving an answer can you find out whether a divorce took place. And if the divorce has taken place, the letter will inform you when and where you can obtain a divorce certificate.
We talked more about how to divorce a married couple with a minor child in the registry office in this article.
Do you want to know how to file a divorce if your spouse is serving a sentence in prison? Read our article.
For the issuance of a certificate with data on marital status, you must pay a state fee - about 100 rubles. In addition, when issuing a divorce certificate, you must also pay a fee of 200 rubles.
To obtain a certificate or certificate, you must provide the following documents to the registry office:
- application in form No. 19 (the sample can be downloaded on the Internet or it will be provided directly at the registry office);
- passport (for a personal visit) or a notarized photocopy (if the request is sent by mail);
- power of attorney (if a trusted person or lawyer is involved in obtaining information);
- receipt of payment of state duty.
After some time, an answer will come from the registry office. There may be several options:
- they will send a notice F-No. 35, which states that the marriage union has not been terminated or there is no information about the divorce;
- will send a certificate of dissolution of the union;
- They will confirm the fact of divorce and send a certificate.
Appearance
The generally accepted opinion is that a girl tries to look beautiful only in order to attract her future husband. Having acquired the coveted stamp in her passport, she stops caring about bright makeup, stylish clothes, jewelry and a slim figure, devoting most of her time to household chores and children, rather than going to boutiques and beauty salons. Even if a married woman is dressed in the latest fashion, she still does not look as inviting and provocative as a free beauty “in active search.” Things that clearly provoke male attention are disappearing from clothing: miniskirts, necklines, tight styles, flashy prints and neon colors.
How to find out information about marital status: practical tips
We've covered all the legal methods you can use. But the process of searching for information is not complete. If you want to know about the marital status of a friend, we will give some practical life tips that may come in handy.
- Chat with neighbors or friends. They may be able to answer with confidence whether your acquaintance is married, divorced, or has never been married. If a person agrees to a second meeting in the presence of his family or friends, most likely he is divorced or never married. A family man prefers secrecy.
- Take a closer look at the ring finger of your right hand. Perhaps there will be a ring or a trace of it, this gives food for thought.
- Given the growing popularity of social networks, you can easily find the necessary information about a person. Look at the family status, study the photos that are on the pages, maybe you will find photos of the family. Check out the comments and likes. If the marks under the photo are put by the same person, perhaps it is a spouse.
- Pay attention to the car. Family people rarely buy sports cars, two-seater cars or convertibles. If a person drives a minivan or a car with 5-7 seats, think about it.
- What establishments does the person visit? If a man is a fan of pizzerias or noisy bars, most likely he is not married.
- Analyze how a person communicates on the phone and how he answers calls. Family people answer in short phrases and rarely give compliments over the phone.
- You can use the services of a private detective or agency that is licensed for a certain type of activity. In most cases, a professional agent, after following a person for several days, is guaranteed to determine whether he has a family.
Fortune telling for marriage using a natal chart
Numerology can become a faithful assistant to those who dream of finding out their wedding date.
With the help of this science, you can calculate the age of marriage based on your date of birth. To do this, you need to add together all the numbers of your date of birth. If you were born on June 12, 1991, then the sum of the numbers will be 1+2+0+6+1+9+9+1=29. Add tens and ones: 2+9=11, 1+1=2. Next, you need to find out the sum of the numbers for the coming years, for example, 2021: 2+0+2+0=4, 2021: 2+0+2+1=5 and so on. All that remains for you is to compare the data: birth number 1 will correspond to years with the sum of numbers 1, 4, 5, 7, number 2 - years with the sum of numbers 1, 5, 6, 8, number 3 - 3, 6, 7, 9, number 4 – 1, 4, 7, 8, number 5 – 2, 5, 7, 9, number 6 – 1, 3, 6, 9, number 7 – 1, 2, 4, 8, number 8 – 1 , 2, 6, 8, number 9 – 2, 3, 6, 7.
