Creating a family, the new spouses hope that it is forever. However, sometimes, unfortunately, a joint life does not bring happiness and spouses have to go through such a test as a divorce. Well, if everything is limited to a joint campaign in the registry office. But there are such reasons, on the basis of which the dissolution of marriage is possible only in court. In what cases will have to go to court?
Divorce in court according to the laws of the Russian Federation
Usually in order to stop their family relationships, spouses just contact the registry office with the relevant statement. But in some cases, this procedure, and without that consistent a lot of moral forces, is complicated by the court proceedings.
Termination of marriage in court is carried out if the court found that the further joint life of spouses and the preservation of the family is impossible.
The grounds for termination of marriage in court in the Family Code (IC of the Russian Federation)
The Family Code of the Russian Federation insists on the dissolution of marriage in court, if:
- spouses have common children who have not achieved adult age;
- one of the spouses does not object, but also does not turn to the registry office with a statement about divorce;
- one of the spouses does not agree on a divorce;
- together with a divorce, the section is carried out together.
The grounds for termination of marriage through the court are described in the Family Code of the Russian Federation
Children's rights
When spouses who want to stop their marriage, there are little children, the court must first take care of their interests. In this case, the court does not understand the reasons that pushed spouses to the divorce, but only determines the position of children in this new situation. Unfortunately, it often happens that parents can not independently agree about who children will stay to live and who will pay alimony. Or a court may consider that the agreement reached violates the rights of minors of citizens (for example, a wife in a rustling of anger refuses alimony, they say, nothing to do with it from him, and her husband shrugs - no need it is not necessary). Then the judge offers options for solving the problem, and if the agreement does not succeed, determines the procedure for the content of children at its discretion.
By the way, the Court is guided by the same rules and in relation to a disabled spouse.
When the husband cannot file for a divorce with his wife
The legislation identifies cases when the rights of the child are protected by a special way. If the wife is pregnant (which is confirmed by the help) or recently gave birth, the initiator of the divorce can only be.
The husband is not right without the consent of his wife to initiate a matter of termination of marriage during the pregnancy of his wife and during the year after the birth of a child.
SC RF Art. 17.
During pregnancy initiator the divorce can only be a wife
How to act in the absence of a spouse
It happens that the spouses understand that their marriage actually no longer exists, and both agree on a divorce, but one of them stubbornly sabotes the campaign to the registry office. Causes can be different - excessive employment, health condition or ordinary harmfulness. The output in this case is one - the appeal to the court. The fact is that the registry office does not have the right to register a divorce on the application of only one of the spouses (except in cases where the second is recognized as incapable or missingly absent).
What to do if the spouse does not want to divorce voluntarily
The most difficult thing is when the husband or wife categorically objects to the dissolution of marriage. In this case, the plaintiff is forced to express circumstances in court, which led to the cessation of marriage relations, and it is always difficult and unpleasant. The court makes attempts to reconcile spouses and has the authority to postpone the decision for a period of up to three months. If, after this period, the spouses could not restore their relationship and the plaintiff still insists on the dissolution of marriage, the court satisfies the lawsuit.
Term Terms with Property Section
The division of property in the marriage process deserves separate attention. If the spouses could not come to an agreement on how they are divided jointly acquired property, the court will help them in this matter. The case can be considered together with divorce or allocated in separate production. The amount of state duty directly depends on the value of the property.
Usually together htched property shares in half
Pre-trial preparation for marriage
Before the start of the marriage process, you need to decide on questions:
- Which court does a divorce? Find out what court is to divorce, it is possible on the principle of jurisdiction.
- What will be the questions resolved by the court when divorced for marriage? Do I need to share the property, determine the place of residence of children and demand alimony?
- What to discuss when divorced with a spouse? Is it worth reporting in advance about the claim?
- What documents will required?
How the jurisdiction of cases is determined, in what cases to file the lawsuit of the world judge, and when to the district court
The global judge is a claim for the statement of statement when the spouses do not have disagreements on the issues of education, content and residence of children and do not prevent each other's property claims over fifty thousand rubles. All other marriage processes are considered in the district court.
The lawsuit goes to court at the place of residence of the defendant, but in some cases it is permissible to apply for the place of residence of the plaintiff. For more reasons, in this case there will be a difficult state of health or accommodation with the plaintiff of young children. But the tight working schedule is taken into account will not be taken, since the employer is obliged to let go of the agenda employee as much as it is necessary.
Video: Where to apply for a divorce
Claim: Rules for compilation and sample
General requirements apply to the form of a claim for termination of marriage. Document content:
- cap: the name of the court, where the claim is sent, passport data and the actual place of residence of the plaintiff and the defendant;
- place and date of marriage;
- actually, the application: causes and circumstances (clearly, fully, but without emotional color), which led to the divorce;
- the wording of the claimant's claims;
- list of attached documents;
- date, signature.
Sample claim for termination of marriage
What documents are needed
When preparing for a trial, care should be taken, since the court has the right to return the package of documents if he is incomplete or incorrectly decorated. Civil Procedure Code of the Russian Federation in Article 132 lists the documents that must be applied when applying for the claim:
- copy of the statement;
- a document confirming the payment of state duty (receipt);
- documents confirming the circumstances on which the plaintiff basses its requirements, copies of these documents (for example, an extract from the housebook confirming that spouses live separately);
- calculation of a recoverable or disputed monetary amount, signed by the plaintiff, with copies;
- certificate of marriage (original and two copies);
- certificates of the birth of children (originals and two copies).
Extract from the housebook can serve as evidence of separate residence of spouses
The plaintiff is entitled not to be limited only by the requirements of the Procedure Code and may add other documents to its application, which considers it necessary to proof their position.
The claim submitted by filling out the form posted on the official website of the court, containing a petition for ensuring the claim, is signed by an enhanced by a qualified electronic signature in the manner prescribed by the legislation of the Russian Federation.
Stages, procedure and features of the marriage process
There is a standard divorce procedure through a court defined by law. In some cases, deviations and exceptions are envisaged.
How is the trial: order and timing
The trial occurs in two stages. After the court adopted the claim, a preliminary meeting is appointed (not earlier than in a month), on which the judge meets with the materials, assesses the degree of their readiness for consideration and invites the parties to reconcile in an extrajudicial manner. Only after that the cores of the main meeting will come, where the case will understand essentially. Between the preliminary and main meeting usually takes no less than two weeks. The lawsuit can delay in several meetings. The court postpones the consideration of the case in cases of non-appearance of one of the participants or with the emergence of new circumstances requiring additional collection of evidence.
At court, each of the parties has the right to speak
At the beginning of the main meeting, the court clarifies the parties to their right and duties as part of the consideration of the case and exploring the petitions declared by the parties (the decision has not yet been made, any of the participants in the process has the right to file new or change their, already stated, requirements).
Further, the judge provides the word to the parties: listening to the claimant's demands, the position of the defendant, studies evidence. The last part of the meeting is called the "debate of the parties" - the final word of the plaintiff and the defendant, in which they once again briefly formulate their position in the case.
What questions ask the judge and what to talk in response
Usually, the judge asks on the court of diluent spouses:
- whether both parties agree to the divorce;
- will the spouses consider a further joint life impossible and why;
- is reconciliation and under what conditions is possible;
- how many couple lived together and live now;
- where former spouses will live;
- does the defendant agree with the claims;
If there are common children, they will ask about their future place of residence, alimony and the procedure for communicating with topics from parents who will live separately. When property is divided, the judge will be interested in all that it is connected with it: cost, terms of purchase and use, etc.
It is necessary to answer in essence, truthfully and reasoned. Emotional behavior is extremely welcome, trying to kill a judge or the opposite direction, evasion from answers to significant questions.
While the judge examines documents or says, it is better to wait until he himself calls
At the trial it is so necessary to talk - as is! Only without emotions, tears, screams. Even if the defendant is furious, splash saliva and yell, that it is not so, you have to be calm and restrained, then the court will be inclined in your direction. I say so: walked, drank, inadequately behaved. Everything, I do not see myself with this man. This was enough to make a decision right at the first meeting. He did not even listen to him.
nutka178.
How to behave right at the first court session and convince the judge in the need for divorce
You can speed up the procedure with the mutual consent of the spouses. If the judge was both answered on the very first question that they agree to divorce, the decision was made immediately. But when one defendant is against, it will be necessary to submit evidence that the joint life is impossible. Convincing reasons will be:
- confirmation of a long separate accommodation (discharge from the house book, the fact of change of registration, acquisition of a residence permit in another country, etc.);
- the presence of relations with another person and the intention to enter into marriage with him;
- rude, threatening and degrading behavior of a spouse;
- alcohol, narcotic dependence of her husband (wife);
- other significant circumstances that make a joint life impossible.
All this is advisable to confirm with documents and testimony.
Aggressive husband's behavior will serve as a good reason to speed up the divorce
If you specify the cause - alcohol addiction, then they will be divorced without any problems. I pointed out. The husband did not appear at the meeting, the judge told me, they say, I give a month at thought. I say that I still will not live with him, once drinks. She says: "Well, if so. Moreover, he did not appear at the meeting. " And everything, divorced)
Olga
http://www.woman.ru/relassions/marriage/Thread/4069733/
How to delay the divorce in court
There are three possible ways to delay the decision:
- not to court sessions;
- put forward argued objections against divorce;
- ask for reconciliation of sides.
If you refuse to go to court, tighten the process, but before infinity. If the defendant ignores the agenda three times and does not submit a good reason to prevent him from going to the meeting, then the decision on divorce will be made in absentia without him.
In the case when the spouse cannot participate in the lawsuit on objective circumstances, it is enough to send a petition for the consideration of the case without it or resort to the services of the representative.
What is a petition for the reconciliation of the parties
At the preliminary listening of spouses, they ask whether they agree to divorce. If one of them against, he will be offered to submit a petition for granting the term for reconciliation of the parties.
In his text, it is necessary to indicate that the applicant considers the preservation of the family possible, clarifies why and asks to provide a term for reconciliation - a maximum of 3 months.
From what moment the marriage is considered terminated
After all hearings, the court makes a decision. Parties are announced only by the operative, most important part of it, and the full text of the document parties can get five days after the end of the trial. But the court decision has not yet been legal. At this point, it is only necessary that of the parties that intends to appeal. You can get a document note on entry into force only thirty days from the date of the decision by the court. This time is given to the appeal. Thus, the total period of waiting will last 35 days.
What does the court decision look like (sample document)
The divorce decision should contain the name of the court, the decision to terminate the marriage, indicating what article of the law it is carried out and information on entry into force. The text is assigned to the seal of the Court and the signatures of the judge and the secretary, the spouses do not paint on it. You can pick up a solution in court.
The decision of the court is drawn up on a simple papers and is wrapped in print
Extract from the court decision: why it is needed and how much acts
The decision of the divorce court will be required primarily in the registry office. As a rule, it is not entirely supplied, but in the form of an extract. To make it, a separate application is written in the court office, you can take the help itself in the same place. Also, you can also order an extract by mail or on the Internet, if you do not personally come. The document does not have restrictions on the validity period, and is issued within a few days.
Where and when you can get a certificate of marriage termination registration
Having on the hands of copies of decisions or discharge, former spouses can contact the registry office to register marriage. To obtain a divorce certificate is usually possible a month after the appeal, but the marriage relationships are stopped at the time of entering into force the court decision. That is, if the decision on the divorce was accepted by the court, say, on April 15, then the date of March 15 will stand in the certificate of termination of the marriage on May 15, and it will be possible to receive this testimony before June.
In the certificate of termination of marriage, it is indicated that the divorce occurred by the court decision
Causes of refusal
The court can not leave marriage if one of the spouses categorically insists in its desire to divorce even after the expiration of the conciliation. Only the plaintiff-man can refuse divorce if his wife is pregnant or if a child born in marriage, less than a year.
Appeal Feed (Appeal of Divorce Solution)
You can challenge the verdict of the court within a month since the decision is made. In the text of the decision, it is indicated to which court and how long the appeal can be submitted. However, judicial practice indicates that the chances of successful appeal are very small. The grounds can only be a violation of the procedure by the court or correspondence decision, when the spouse was absent on the court for a valid reason and can prove it.
If the spouses changed their mind to divorce, it is easier to conclude a marriage again than canceling the verdict of the court.
Is it possible to recognize the dissolution of marriage invalid
The divorce in the court is recognized as invalid by the appeal. Spouses have to prove that the norms of law and legal proceedings were violated. The grounds for recognizing the divorce invalid on Code of Civil Procedure of the Russian Federation:
- the court of first instance incorrectly determined the circumstances that are important for the case;
- the court of first instance could not prove the circumstances having importance to the case;
- the conclusions of the court of first instance set forth in the court decision do not comply with the circumstances of the case;
- the court considered the case in illegal composition;
there was no any of the participants in the case, not informed about the place and time of the court session; - violated other rules of court proceedings during the consideration of the case.
National tax
State fee during the dissolution of marriage and husband, and wife. In 2017, the amount of duty is 650 rubles for each of the pre-enhancing spouses. It is noteworthy that when the marriage is dissolved through the registry authorities, the amount remains the same. The fact is that these funds are sent to cover the costs associated with the registration of marriage and registration of a divorce certificate.
State duty for divorce pay both spouses
Details for paying the state duty can be clarified in a foster or on the official website of the court, which will consider the case.
Questions of the property
As a rule, the section of the property is carried out within the framework of the Marriage Termination Process, but the court can allocate it in separate production if the interests of third parties will be affected (for example, the partition of the apartment, part of which belongs to the reference of the plaintiff or the defendant). Not only the plaintiff, but also the defendant, and this can be done at any time of the lawsuit on the termination of marriage.
Everyone knows that spouses have the same rights to jointly acquired property, regardless of which income had each of them. However, from this general rule, legislation provides exceptions. If one of the spouses led an immoral lifestyle, abused alcohol, deliberately damaged the property, then its share can be significantly reduced. But on an additional share of joint property, the spouse has the right to the spouse, with whom children will live after dissatisfaction.
The term of lawsuit
The view is that to file a claim about the division of property is possible no later than three years since the dissolution of marriage, - erroneously. The term of three years is counted from the moment the property rights of one of the former spouses were violated.
Example: a year after the divorce, the husband sells a car acquired in marriage. It is from the moment of sale that a three-year term begins when the wife has the right to demand to pay her half the cost of the car.
Video: How to divorce in court
The procedure for termination of the marriage is difficult to call pleasant, however, careful preparation and study of the issue will reduce the process and avoid many difficulties.