If you want a divorce, but your partner does not want it, you can unilaterally submit to a divorce through the court.
If your partner gives you consent to divorce, then you can quickly.
Divorce through the registry office is fast and simple, we will consider the divorce option in court.
Base termination of marriage.
- When is the divorce for divorce? Conditions.
- What court to apply for a divorce?
- Documents for filing for divorce through the court.
- How is the court?
- Duration of the divorce.
- Nuances when divorced through court.
- grounds for the cessation of marriage.
- State duty, and the cost of the services of a lawyer when divorced through the court.
- Video.
- an example from judicial practice.
Bases termination of marriage
From the position of the legislation (Art. 16 of the RF IC) grounds for the termination of family relations 4:
- Death of one of the spouses;
- Recognition of the spouse or spouses deceased (court);
- Applying a statement by one of the spouses to divorce (a guardian of the spouse during its incapacity);
- Submission of applications by both spouses for divorce.
In the first two cases, the marriage stops at the time of the event or entry into force of the court decision.
When is the divorce to the court? Conditions.
As already noted, it is possible to divorce as in the registry office and in court? But when exactly have to go to court?
There are three cases:
- The presence of joint children under 18 (paragraph 1 of Art. 23 of the RF IC);
- The unwillingness of one of the spouses to part with its second half (Art. 22 of the RF IC);
- Evasion of one of the spouses from turning into the registry office, with theoretical consent to divorce (paragraph 2 of Art. 21 of the RF IC).
In the first case, everything is clear: Even if the husband and wife are in need of in need of inappropriate about the inability to live together, but at the same time they have at least one common child (minor) they still have to divorce into court.
In the second, too, everything is clear: Husband or wife wishes freedom, and, accordingly, his wife or husband is counting on the speedy reconciliation and preservation of the family. In the registry office, such a pair cannot be found. The case will be solved in court.
The third case is the most interesting: Both spouse agree and, but someone else sabotages the event in every way, and simply is not in the day appointed for divorce to the registry office. In this case, the familiar family relations will have to submit a lawsuit to the court on the dissolution of marriage.
What court to apply for divorce?
As a general rule, the divorce is considering world judge - p. 2 h. 1 Art. 23 Code of Civil Procedure of the Russian Federation. If with a broken-water process, the husband and wife decide to determine the place of residence of their joint child, then the case will be considered District Court - Art. 24 Code of Civil Procedure of the Russian Federation.
The lawsuit is given to the court at the place of residence of the defendant, or the plaintiff, if the location of the first is unknown. It is also allowed to file a lawsuit to court at the place of residence of the plaintiff, if a minor child constantly lives with him, the place of residence of which after the cessation will have to determine the court.
Documents for submission to divorce through the court.
Served according to the general rules for submitting an application. The divorce initiator will be referred to as the plaintiff, the second side is the defendant.
The lawsuit indicates the full data of both parties, including the place of residence, the basis of the termination of the marriage (formal condition), and documents (copies) are applied to it:
- Marriage certificate;
- Baby birth certificates;
- Income certificates, if we are also talking about the recovery of alimony;
- Document on payment of state duty;
- The consent of the spouse to divorce is notarized, if any.
How is the court?
After accepting the claim, the court appoints the date of the first meeting. It can not be appointed earlier than a month after the applicant's claim. The plaintiff and the defendant before the hearing comes by the agenda for divorce. At the first meeting, the court finds out the attitude of the parties to the termination of marriage, the causes of the divorce, the possibility of preserving the family.
If the desire to part is firmly from both spouses, and there are no disputes on other issues, then the broken-separated process in court ends. The court makes a decree on divorce and after 30 days send a copy of it to the registry office. If in the case not all unambiguously: the husband / wife does not want to disperse, the court appoints a term for reconciliation of the parties, as a rule, 3-month-old. If after the expiration of the term did not find a common language, then the judge makes a decision on the termination of marriage.
In case of failure ..
If both spouses came to court, then the case is stopped And the family is preserved, but if only one, then for the beginning, the judge finds out:
- Whether unsupportedly was notified and if so, then;
- Was his reason for the non-appearance of respectful.
If the Party was notified properly, and the petition was not stated about the consideration of the case in its absence, the judge could either postpone the meeting to another date, or hold a meeting in the absence of a non-emerge.
Two non-appearance (two transfer of the hearing of the case) is allowed, with the third non-appearance, the court will be forced to make a decision.
Terms of divorce
Unfounded by other requirements and in the presence of the consent of both spouses divorce in court will not take more 1 month (Plus 1 month for the entry into force of the court decision) from the moment the claimant is submitted.
If the requirement to break the family bonds is only one spouse, then the court can delay on 4 months (plus 1 month on the entry of the court decision into legal force). On time, the maximum allowable time to reconcile the parties is included.
If the desire to divorce firmly only at the one hand, and the second after the allotted term for reconciliation did not appear on the hearing, and then once again did not appear, then we will have to divorce as much as 6 months From the moment of filing the claim (plus 1 month for the entry into force of the court decision).
If the scroll process is associated with, then the deadlines, in general, may vary from half a year to one and a half years.
Nuances when divorced through court
Family legislation of the Russian Federation presents the right to initiate a divorce as a husband and his wife, however, there are some nuances.
So, the husband does not have the right to submit for spouses and a year after the birth of a child. The court reducates a couple only if the desire will express the spouse (Art. 17 of the RF IC).
If a request for the division of property is provided in a lawsuit on divorce, then such a claim can be submitted to the court on the place of finding this property (when it comes to real estate) - Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation.
In the case of the simultaneous section of the property, together with the claim, it is advisable to apply the petition about the arrest of property in order to be able to implement it.
It happens that the spouses will be afraid after the court issued a decision on divorce. In this case, the law is given the right to appeal the court decision within 30 days, and in court the second instance to refuse the claim.
State duty, and the cost of the services of a lawyer when divorced through the court.
Freedom has always been valued highly in the literal and figurative sense, so a person who decided to unlease with the married life will have to be spent.
The cost of divorce, without taking into account the compensation (if those are provided for by the marital contract), the property consists of state duty and the cost of services of a trustee (lawyer).
There are three versions of duty depending on the conditions:
1) for state registration of marriage termination, including issuing certificates:
with mutual consent of spousesnot having common minors - 650 rubles from each of the spouses.
2) when dissolved judicially - 650 rubles from each of the spouses.
3) when terminating marriage according to one of the spouses In the event that another spouse is recognized by the court as missing, incapable or convicted for committing a crime to imprisonment for a period of over three years, - 350 rubles.
The cost of services of the representative varies from the region. So, in the capital of the family lawyer will cost 900 rubles, and the representative office in court in the amount of 10 thousand rubles. In the province of sums may be smaller.
Example from judicial practice
Inna B. filed a lawsuit on divorce with his husband Stanislav B .. At the time of filing the statement, Stanislav B. was registered with his friends, but the address of Inna B. did not know. The couple had a daughter of 5 years. The wife filed a lawsuit to the district court in his place of residence, indicating that he did not know where her husband now lives. The spouse also filed a joint property (car and garage) to the section. On the advice of a lawyer, Inna simultaneously stated the requirement on and determining its permanent residence with his mother.
At the court session, Stanislav did not appear. The court decided to postpone the case for a month. Stanislav did not appear again at the re-session, the court again postponed the consideration of the case for a month. The husband came to the third court session and stated that it was not intended to part with his wife, but wishes to preserve relations for his daughter. The court appointed a term for reconciliation - 2 months.
Two months later, at the next meeting, the court ruled a couple of dilute, to leave the daughter to constantly live with his mother and appointed her alimony, the property to divide in equal shares, but it turned out that by the time of the decision, the car was sold and the property of the spouses was one garage. In the future, Inna could not prove that he did not know about the sale of the car and could not cancel the transaction.