How to File a Petitioner for Divorce if the Respondent Spouse Opposes Divorce

Natalya Kaptsova

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As you know, divorce is a very difficult situation from a moral point of view. No matter how calm the former spouses may seem, both of them, one way or another, will experience psychological stress. On the legal side, the divorce procedure can also be quite complicated - especially if the couple managed to acquire common property and have children.

Divorce procedure

When a situation arises in a family that a divorce is inevitable, very often the spouses do not know where and how to file for divorce.

The questions of how to write an application, what documents will be required for this process, and how long the divorce procedure takes are also causing difficulties.

Keep in mind: if the spouses came to such a decision by mutual agreement, and the couple does not have minor children in common, then the marriage is dissolved after a written application from the couple in the registry office, without a lawsuit.In the same way, a marriage is dissolved if one spouse is convicted by the court, having received a prison term of more than 3 years, if one spouse has disappeared without a trace, or has been declared incompetent.

Under the same conditions, both spouses - or one of them - can file for divorce through the website of the State Service.

In all other moments, the dissolution of a marriage is carried out through a judicial procedure (according to the Family Code of the Russian Federation, Article 18).

If only one of the spouses wants a divorce , and the property jointly acquired by the couple does not exceed the value of 100 thousand rubles, if one spouse does not come to the registry office, not agreeing to a divorce, then such marriages are terminated through a justice of the peace (according to the Family Code of the Russian Federation, articles 21-23).
If the couple already has minor children , or in cases where the property of the spouses exceeds 100 thousand rubles in value, the dissolution of the marriage occurs through the procedure in the district court (according to the Family Code of the Russian Federation, articles 21-23). All property or other disputes of divorcing spouses are considered only in court (according to the Family Code of the Russian Federation, Article 18).

The termination procedure itself begins with the filing of a joint statements spouses — or with a statement from one spouse. This application must be submitted to the registry office or to the world court, district court located at the place of passport registration (registration) of the defendant.

However, there are special exceptions in Russian legislation when an application for divorce can be submitted at the place of passport registration, the place of residence of the spouse - the plaintiff.

Divorce occurs after 1 month , counting from the date of filing an application for divorce with the registry office.
If the spouse is pregnant , or if a woman has a child under the age of 1 year, the court does not accept an application for divorce from her spouse (according to the Family Code of the Russian Federation, article 17). The spouse can file her petition for divorce (dissolution of marriage) with the court at any time, without restrictions.
Usually, court hearings of divorce proceedings are open . In some cases, when the intimate aspects of the life of the spouses will be considered by the court, court sessions may be closed.

If disputes of former spouses about children or jointly acquired property arose during the court process, the judicial divorce proceedings can last from 4 to 6 months.

Stages of the divorce procedure

Collection of documents necessary for the divorce procedure.
Direct submission of a properly drawn up application for divorce (dissolution of marriage), the necessary documents to the registry office or to the court.
The presence of the plaintiff at the hearing; notification of the defendant about each court session.
If the court determined the spouses a month to reconcile the parties, but then the spouses did not appear at the court session on their divorce claim, the court has the right to annul this claim and recognize these spouses as reconciled.

Documents required for divorce

Application to the registry office or court . The application of spouses or one spouse is submitted only in writing (in a special form). In this application, the spouses must confirm that they voluntarily agree to the dissolution of this marriage, and also that they do not have minor children (common).

IN application-claim, which is submitted to the registry office must be indicated:

Surnames that spouses leave for themselves after a divorce.
The date the application was written.
Signatures of both spouses.

IN statement of claim filed by the plaintiff in court, must be specified:

Passport data of both spouses (name, date of birth, place of birth, registration, actual place of residence, citizenship).
Data of the document on registration of marriage of spouses.
Reasons for divorce.
Information about claims ((children), division of joint property, dispute on determining the place of further residence of a minor child (children), etc.).

Application to the court filed at the place of permanent residence (registration) of the defendant. If the defendant's spouse is not a citizen of the Russian Federation, or does not have a place of residence in Russia, his place of residence is unknown, then the plaintiff's statement of claim is filed with the court located at the place of the defendant's last residence in Russia, or at the place where the defendant's property is located . The claimant's application for divorce is accompanied by the passports of the spouses, their copies, a marriage document (marriage certificate of the spouses).

If an application for the dissolution of the current marriage by the spouses is submitted to the world court, district court, then the following documents are required for it:

Copies of the original statement of claim for divorce (by the number of defendants, third parties).
Bank receipt for payment of the mandatory state fee for the divorce procedure (details are specified in court).
If a representative acts for the plaintiff in court, it is necessary to submit a document or a power of attorney that certifies his authority.
If the plaintiff makes any demands, all necessary and important documents confirming all the circumstances, as well as copies of these documents for all defendants, third parties, must be attached to the divorce application.
Documents that confirm the implementation of the pre-trial procedure for the settlement of this dispute.
The plaintiff must prescribe the amount of money that he intends to receive from the defendant (necessarily - copies according to the number of defendants in court).
Marriage document (or its duplicate).
In the case of common minor children, the spouses - the birth documents of children (certificates), or a copy of the birth document (certificate), certified by a notary.
An extract from the ZhEK at the place of residence of the defendant's spouse (from the "house book"). In the course of the trial, in some cases it happens that an extract from the ZhEK (from the "house book") of the plaintiff himself is also necessary.
Certificate of income of the defendant (if the court is considering a claim for alimony).
If the respondent agrees to the divorce procedure (dissolution of marriage), it is necessary to provide his written statement about this.
Spouses agreement on children (if required by the claim).
(if the claim requires it).

The list of documents that must be provided before the divorce process may be different - it depends on the requests of a particular judge, his requirements. The list of required documents is not approved by the judicial legislation, so it varies.

The divorce procedure will begin by the court only in the case of a complete set of necessary documents, the list of which the plaintiff can find out even before submitting his application to the court, before the divorce process.

In some cases, the court may require additional documents - the plaintiff and the defendant will be notified in court about this.

What if the respondent spouse does not appear in court?

If the respondent spouse does not come to the scheduled court hearings on the divorce proceedings, then It is also possible for the plaintiff to obtain a divorce - even if the spouses have minor children:

If the defendant cannot, for his own reasons, be present at this court session dedicated to the divorce proceedings, he has the right substitute a representative by issuing a power of attorney to a notary. The plaintiff has exactly the same right to a representative in court.
If the defendant has valid reasons for which he cannot appear in any way at one of the hearings on the divorce proceedings, he must submit an appropriate application to the court, then the divorce proceedings will be postponed for some time.
If the defendant does not come to court hearings on the initiated divorce proceedings, then the dissolution of the marriage will take place without his presence at this divorce court session.
If the defendant had good reasons not to come to the court session, he could not inform the court about them in time, but it took place in his absence, dissolving the marriage, then subsequently the defendant's spouse may apply to set aside the judgment . The spouse can file this application within a week (seven days) from the day from which he received a copy of the court decision on the already completed divorce. The decision of the court on the completed dissolution of marriage can also be appealed in cassation.
If the respondent spouse fails to attend scheduled divorce hearings, the divorce process in time may increase by another 1 month .

How to File a Petitioner for Divorce if the Respondent Spouse Opposes Divorce

Often the divorce procedure becomes very a difficult test for both ex-spouses and for their environment. Divorce is almost always accompanied by property disputes, or disputes about children.

If the defendant is against the dissolution of the marriage , it is not at all necessary for him to evade participation in court hearings, because he can also at a meeting declare your disagreement with the divorce , asking to determine the period for the reconciliation of the spouses. Ultimately, the decision remains with the judge - if he is convinced of the sincerity of the desire to reconcile, the further process may be postponed for another period (maximum - 3 months).
If the plaintiff insists on divorce arguing their unwillingness to put up with the defendant, this period may not be so long. The spouse is the defendant and after that can again file a petition with the court for reconciliation of the parties.
If the spouse is the defendant against divorce , therefore, he deliberately, deliberately evades attending court hearings, the judge can make a divorce decision in absentia at the third meeting.

What should a woman do if her husband is the defendant against the divorce?

First of all, it is necessary to draw up a competent statement of claim - in this case, it is better to contact a qualified lawyer for help.

Property disputes, disputes about children are best resolved in one judicial divorce process - these claims must be filed at the same time as the divorce application.

woman necessary pay the state divorce fee without waiting for the spouse to pay.
The court session is scheduled approximately one month after the date of filing the application by the plaintiff . The plaintiff must be present at the meeting, answer the questions of the judge, argue his desire to get a divorce. In the absence of additional circumstances, the decision on divorce can be made by the judge at the same meeting. If such circumstances nevertheless arose, the judge may decide to give the spouses time for reconciliation.
For a spouse to pay child support , the plaintiff must submit to the court a certificate of his income. If the wife did not work during the years of marriage, doing housework, or if she is on maternity leave, does not work and takes care of a small child, she may demand alimony from the defendant for her maintenance.
If anyone from former spouses I do not agree with the decision of the world, district court , then within ten days after the issuance of a certificate of divorce, he can file a lawsuit to cancel this decision, to consider the divorce case again.

For obtaining a divorce certificate (divorce), each of the already former spouses must submit to the registry office located at the place of passport registration, or at the place of registration of this marriage, a passport and a court decision.