The same rights have a citizen whose wife or husband is missing, sentenced to serving in places of deprivation of liberty for more than three years and declared mentally or physically incompetent. The same article states that any financial conflicts and other types of disputes can only be resolved with the help of the court.
Articles 21, 22, 23 of the RF IC states that in the case when one of the spouses does not intend to divorce and come to the relevant state bodies, despite the desire of the second, and if their jointly earned property is within the amount of 100 (one hundred) thousand rubles, then such a union can be terminated.
If, during the period lived together, the couple has acquired children who have not yet reached the age of majority, or their property exceeds the limit of the established minimum, then such a process must be formalized in the district court.
In order to start the divorce proceedings, both spouses, and in case of disagreement, one of them, must submit an application to one of the state bodies. Their list includes the registry office, district and world court at the place of registration.
A divorce case, not complicated by various types of disputes, takes place 30 days after the date of filing an application with the local authorities. According to Article 17 of the Family Code of Russia, the husband of a woman who is in a state of expectation of a child, or who has a child, cannot legally demand a divorce. But from a spouse, such a statement can be accepted by the registry office and the court at any time.
The divorce procedure can be extended up to 4-6 months, in the case when the issues of raising children and dividing property together have not been resolved between the spouses.
Stages of divorce
Divorce can be filed unilaterally
Divorce occurs in the following order:
- Preparation of required documents;
- Competent preparation and submission of the application;
- The appearance of the plaintiff in court, as well as notification of the defendant about the progress and presence of court hearings;
If, after the expiration of the period of reconciliation, the spouses did not appear in court, the state has the right to recognize this claim as invalid. Collection of necessary documents for the divorce procedure
List of required documents
Form application to the Civil Registry Office or to the court. It is served in writing and in the personal presence of both or one spouse. The document must indicate the mutual desire and the presence or absence of common children. Such a claim includes the following information:
- Data from the certificates proving the identity of the spouses;
- Marriage certificate and its data;
- Desire to have a premarital surname;
- Date and signatures of the parties
In the case of a sole application, the plaintiff must provide the following information:
- Full name, date and place of birth, address of registration and nationality of both spouses;
- marriage certificate;
- Explanation of the reasons for the divorce;
- Information about the conditions of claim, which includes the availability and amount of child support and the place of their subsequent residence, the division of property
The statement of claim is submitted to the court at the place of registration of the defendant. In the case when one of the spouses is a foreign citizen or does not have Russian registration, the document is submitted at the place of residence of the plaintiff.
When spouses apply to a world or district court, the law obliges them to provide the following list of documents:
- Copies of original statements;
- bank receipt;
- Documents attached by the plaintiff in accordance with its requirements;
- Information about pre-trial settlements of the conflict;
- Claimant's statement about the required sums of money;
- Marriage certificate;
- minor children or their notarized copies;
- A document from the archive of the "house book" at the place of residence;
- In the case of consideration of cases on the payment of alimony, official information on the income of the defendant;
- Documents related to the further education of children;
- Written consent to divorce by the defendant, if any;
- Notarized marriage contract, if any, at the time of marriage
Most often, the list of documents that may be requested depends on the specific case, the requirements of the parties and the requests of officials, including the judge. The sheet of documents is not declared by law, therefore, most often it is supplemented in the course of the case.
The arguments of a spouse who insists on a divorce and categorically does not want to improve relations with the second spouse may affect the fact that the period of reconciliation will be short. The defendant, in turn, may again file a petition for a conciliatory term with the court.
For the third time after the defendant deliberately failed to appear in court due to unwillingness to divorce, the judge has the right to divorce the spouses in absentia.
Husband against divorce: what actions should a woman take?
Divorce can be carried out peacefully, or through the court
With the help of a qualified legal professional, the wife should write a legally correct and argumentative statement outlining the reasons for the divorce.
Property conflicts and disputes related to children are most effectively resolved during a single court session, when all the necessary documents are presented and the wishes of the parties are expressed.
The wife also pays the divorce fee to the state on her own. After 30 days from the date of filing the claim, legal proceedings begin. The most responsible action of a woman at a meeting is the appearance and a detailed explanation of the reasons for the judge. In the absence of aggravating circumstances, the servant of Themis has the authority to decide on the dissolution of the marriage at the first meeting.
Women are not always aware of the fullness of their rights in a divorce. If a woman has not worked and kept house during her family life, she has the right to demand money for her maintenance from her ex-husband. And this type of payment is separate from those paid to minor children. In order to prove the solvency of the defendant, the plaintiff submits to the court proof of his income.
Within ten days from the date of issuance of the court decision, the dissenting party has the right to appeal to a higher authority, or to file a petition for consideration of the case from the beginning.
To obtain an official document on the dissolution of a marriage, former spouses must provide the administration department at the address of the divorce registration and their passport data.
How to file a claim for divorce in court? A video consultation will acquaint you with the sample and rules of writing:
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