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How to apply for divorce. Divorce through court - help from professionals How to apply for divorce to the registry office

Chapter
08.10.2023

Grounds for ending a marriage

1. A marriage is terminated due to death or due to the court declaring one of the spouses dead.

2. A marriage may be terminated by dissolution upon the application of one or both spouses, as well as upon the application of the guardian of the spouse recognized by the court as incompetent.

Limitation of the husband’s right to file a claim for divorce - the husband does not have the right, without the consent of the wife, to initiate proceedings for divorce during the wife’s pregnancy and within a year after the birth of the child.

Procedure for divorce

Divorce is carried out in the civil registry office, in court.

Divorce in the civil registry office

1. If there is mutual agreement to dissolve the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry office.

2. Divorce at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out at the civil registry office, if the other spouse:

declared missing by the court;

declared incompetent by the court;

convicted of committing a crime to imprisonment for a term of over three years.

3. Divorce and the issuance of a certificate of divorce are carried out by the civil registry office after a month has passed from the date of filing the application for divorce.

4. State registration of divorce is carried out by the civil registry office in the manner established for state registration of civil status acts.

Divorce in court

1. Divorce of marriage is carried out in court:

1.1. if spouses have common minor children, except for the cases provided for in paragraph 2 of Art. 19 of the RF IC (recognized by the court as missing; declared incompetent by the court; sentenced to imprisonment for a term of over three years for committing a crime).

1.2 in the absence of consent of one of the spouses to divorce.

2. Divorce is also carried out in court in cases where one of the spouses, despite his lack of objections, evades divorce from the civil registry office (refuses to submit an application, does not want to appear for state registration of divorce, etc.) .

Divorce in court in the absence of consent of one of the spouses to divorce

1. Divorce in court is carried out if the court determines that further life together of the spouses and the preservation of the family is impossible.

2. When considering a case of divorce in the absence of the consent of one of the spouses to dissolve the marriage, the court has the right to take measures to reconcile the spouses and has the right to postpone the hearing of the case, assigning the spouses a period for reconciliation within three months.

Divorce is carried out if measures to reconcile the spouses are unsuccessful and the spouses (one of them) insist on dissolution of the marriage.

Divorce in court with mutual consent of the spouses to dissolve the marriage

1. If there is mutual consent to dissolve the marriage of spouses who have common minor children, as well as spouses specified in paragraph 2 of Article 21 of the RF IC, the court dissolves the marriage without clarifying the reasons for the divorce. Spouses have the right to submit to the court an agreement on children, provided for in paragraph 1 of Article 24 of the RF IC. In the absence of such an agreement or if the agreement violates the interests of children, the court takes measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of the RF IC.

2. Divorce of marriage is carried out by the court no earlier than the expiration of a month from the date the spouses filed an application for divorce.

The moment of termination of marriage upon its dissolution

1. A marriage dissolved by the civil registry office shall be terminated from the date of state registration of the dissolution of the marriage in the civil registration book, and in the case of a divorce in court - from the day the court decision enters into legal force.

2. Divorce in court is subject to state registration in the manner established for state registration of civil status acts.

The court is obliged, within three days from the date of entry into legal force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of the marriage.

Spouses do not have the right to enter into a new marriage until they receive a certificate of divorce from the civil registry office at the place of residence of either of them.

More and more often, people are wondering whether divorce is possible without the consent of one of their spouses. It often happens that one person wants to break off the relationship, and the other is against it. Is it really necessary in this situation to seek the consent of someone who advocates maintaining legalized relations? All the features of our current process will have to be studied in full. After all, divorce is a serious step. And even the slightest mistake in preparing for this process can lead to the impossibility

Do they always get scammed?

What should you do if you want to end your relationship with your spouse, but he/she doesn’t? It is worth turning to modern legislation. In Russia there are special rules that are provided by law. They concern the relationship between husband and wife.

Thus, divorce without the consent of one of the spouses is possible. Moreover, it is carried out whenever one of the couple has a real desire to break off a legal relationship. These norms are prescribed in Article 22 of the Family Code. True, a lot depends on the spouse’s consent to divorce. For example, in which organs the described process will take place.

Where to contact

The thing is that divorce without the consent of one of the spouses is not a very simple operation. It requires special attention. According to the Family Code of the Russian Federation, if both husband and wife in a couple agree to break off the relationship, this can be done at the registry office. What to do in the absence of an agreement?

In this case, the only risk is divorce through the court. Without the consent of the spouse, you cannot go to the registry office and terminate the officially registered relationship. This is indicated in the Family Code of the Russian Federation, in article 21.

Accordingly, you will have to contact the judicial authorities. Either you go to the magistrate's court, or to the district court (it is customary to file a claim at the defendant's place of residence). It all depends on your overall situation.

World judge

Is it possible to get a divorce without the consent of the spouse? Yes, in Russia there are a number of cases when this process takes place. Of course, if there was agreement, then the divorce would be easier. But not always in a couple both are ready to break off the relationship.

It is best to contact a magistrate on this issue in certain situations:

  • or when you have no disputes regarding the residence of children;
  • or provided that the jointly acquired property to be divided does not exceed 50,000 rubles.

That is, theoretically, you can come to the magistrate’s court with a claim for divorce and only in the absence of significant joint property. If this rule is not followed, you will have to file a claim with another authority.

District Court

How to get a divorce without the consent of your spouse if going to a magistrate is impossible? If you have children and you cannot agree on their further residence, you will have to go to the district.

In addition, district courts hear claims for the severance of formalized relationships when a couple has joint property of significant value. Divorce without the consent of the spouse (without children) also occurs in these authorities.

Now that it’s clear where exactly to go, it’s worth taking a closer look at the divorce process. If you prepare properly in advance, you can bring your idea to life in just a few months. What features should you pay attention to first?

Not right away

Any divorce - with or without mutual consent - is not formalized immediately. Citizens are given time to reconcile. This is a mandatory part of the divorce process. Therefore, if you intend to break off the relationship, be prepared for the fact that you will be “putting up” with your spouse for some time.

As practice shows, by the time they go to court or the registry office, citizens no longer live together. Therefore, all you can do is wait for the reconciliation period to expire. Usually, you are given only 30 days or a month to think about a decision. If you are determined, after this period you will definitely be divorced. It doesn’t matter whether in the registry office or in court. The main thing is that you achieve your goal.

Just keep in mind: if you decide to make peace and save the relationship, you will have to withdraw the claim. You must complete it within the allotted month. Or do it directly at the court hearing.

Men-women

Divorce without the consent of one of the spouses is always formalized; with rare exceptions, it will not be possible to break off the relationship. In Russia, a lot depends on who files the claim in court.

The fact is that men have fewer rights in terms of divorce. Thus, husbands cannot divorce their pregnant wives on their own initiative. This prohibition applies even after the birth of the child. Men will not be given a divorce until the child is 1 year old.

Moreover, even during pregnancy and a newborn child, it is still possible to formalize a break in the relationship. How? To do this, a woman must file a claim. In this case, divorce without the husband’s consent will take place in court, but it will definitely take place. Women during pregnancy and in the first year of a baby's life are given more opportunities in relation to the task posed in this article.

Duty

How to file a divorce without the consent of your spouse? Once you have decided which court to apply to, you can begin preparing documents. The first stage is payment of the state fee. Without this payment, your claim for divorce will not be accepted. Therefore, before visiting the court, try to pay off the state.

How much will you have to pay for a unilateral divorce? At the moment, you will have to pay 600 rubles for a divorce claim. The amount of the state duty is specified in the Tax Code of the Russian Federation, in Article 333.19, paragraph 1, subparagraph 5.

This amount of money is collected only from one spouse - from the initiator of the divorce. Once the payment has been made to the court of your choice, you can submit your application for review. Just first collect a certain list of documents.

Documentation

So, what do you need to bring with you to the judicial authorities in order for your divorce claim to be accepted? The list is not too long. By the way, copies must be attached to the originals. There is no need to certify anything. In order for you to be able to legally dissolve your marriage, present:

  • Marriage certificate;
  • documents confirming the birth of children;
  • receipts for filing a claim;
  • plaintiff's passport.

This is where the main list ends. Additionally, you can attach documents on the basis of the divorce, the residence of the children, as well as the division of property acquired over the entire period. True, usually in the absence of the spouse’s consent to divorce there are no such papers. Unless the grounds for divorce can be confirmed.

An application for divorce without the consent of the spouse requires special attention. You must draft your claim correctly, otherwise there is no hope of success. What should be included in this document?

First, information about yourself and your spouse who disagrees with the divorce. Passport data will be suitable, as well as simply information that may affect the course of the case. This is especially true if you have minor children.

Secondly, the claim must indicate the presence/absence of children. Whether there is agreement regarding their residence and upbringing, this should also be stated in the application.

Third, you must somehow justify your decision. This is especially true in cases where there is a spouse who does not agree with the divorce. Anything can serve as a motive. The main thing is not to lie. If you have evidence that can support your words, indicate it and bring it with you to court.

Fourthly, at the very beginning of the statement of claim, you must indicate the judicial authority to which you are filing the claim. This is a mandatory condition for filing an application.

Fifthly, it is advisable to register all your joint property. And if you have an agreement on its division, indicate what and who will be entitled to after the divorce. Also, do not forget to specify the existence of a marriage contract in the claim.

As soon as you finish drawing up the application, you can go to court with the above list of documents. Then all that remains is to wait. As a rule, the presence of both spouses is required for the meeting. If a dissenting citizen decides to evade this process, do not be upset!

Avoidance of meetings

Why? Because you have every right to terminate a previously legalized relationship. And the absence of one of the spouses is not an obstacle to the process. The meeting may be postponed several times and the party who disagrees with you may be re-invited. Divorce without the consent of one of the spouses is still possible. It will just take more time.

After about the 3rd time, the divorce will take place without the participation of both spouses. You will be given a court opinion, which will be useful later. After all, after the trial, the divorce is not considered fully completed. One more thing needs to be done.

Final stage

Without the consent of the spouse, this is a very labor-intensive process. As soon as you have a court decision indicating the termination of the previously legalized relationship, you can proceed to the last step. We are talking about a visit to the registry office. After all, you need to get a divorce certificate.

You need to come to the registry office at your place of residence. Take with you:

  • passport;
  • the court's decision;
  • marriage certificate;
  • birth certificates of children (if available).

Additionally, you will have to pay a state fee for issuing a certificate. At the moment, you will be required to pay an additional 350 rubles. present it to the registry office. There, fill out an application to obtain a divorce certificate. That's all. All you have to do is wait until you are given the appropriate document. In fact, legal divorce is not as simple as it seems. Especially if you have children. In this case, you must present documents about your earnings, as well as housing.

Now it’s clear how you can file a claim. Divorce without the consent of the spouse is a rather labor-intensive process. As has already been said, it is necessary to prepare for it in advance. If you have witnesses who can influence the course of the case, invite them to the meeting and indicate them in the claim.

Not everyone’s family life is going well; on the contrary, domestic statistics show that a significant percentage of marriages end in failure for a variety of reasons, even after many years spent together. This can happen to anyone, but not everyone knows how the divorce process works. , how to behave, what to do in such a situation and how long the dissolution of marriage will last.

Methods of divorce

The Family Code allows two types of dissolution of a registered marriage:

  • through the territorial registry office;
  • through the court.

The presence of two bodies does not mean that the spouses will decide where to divorce. The law defines the conditions under which a particular body has the right to carry out the corresponding procedure. Legal norms also define the procedure for divorce in the registry office and in court, which differs depending on the authority.

Divorce proceedings through the registry office

In order to relieve the burden on the courts, according to the legislation of the Russian Federation, the simplest divorce proceedings are carried out administratively, through district registry offices.

Conditions

You can get a divorce at the registry office at your place of residence if:

  • both spouses have a desire to divorce and they expressed this desire by submitting an application to the registry office;
  • the spouses do not have common children under the age of 18;
  • The spouses have no contradictions or disagreements of a property nature, i.e. disputes about the division of property acquired during family life.

Exceptional situations in which the law allows divorce at the request of only one spouse in the registry office, even in cases where the consent of the second is absent or there are children, are recognized:

  • a verdict of guilty, according to which the second spouse is sent to serve a sentence of imprisonment for a duration of 3 years;
  • issuance of a court decision by which the second spouse is declared missing or incompetent.

Documentation

You can file a divorce at the registry office after submitting a number of documents:

  • statement. Depending on how the divorce process goes, one form or another is filled out. Thus, mutual consent of the spouses requires both to fill out an application in Form No. 8. This form can be filled out jointly or completed independently by each spouse.

If there are exceptional circumstances allowing for a unilateral divorce, an application in Form No. 9 is filled out.

There is also a case for filling out an application form No. 10, but such a case is certification by the registry office of a divorce on the basis of a court decree on divorce that has entered into force.

  • passports of spouses;
  • a court decision (sentence), if the divorce is carried out due to the presence of exceptional circumstances, and the corresponding court decision establishes these circumstances;
  • a payment document indicating that the applicant has paid the fee.

Divorce proceedings through the court

Divorce cases are dealt with by district and magistrate courts. Which specific court will consider depends on the circumstances of the case and the claims submitted for consideration. Thus, the magistrate’s court hears cases of divorce between spouses between whom there are no:

  • disputes about the division of property or the dispute is valued at no more than 50 thousand rubles;
  • minor children.

The remaining cases are under the jurisdiction of district court judges.

The consideration of the case is carried out according to the claim procedure. The spouse who wants to end the marriage is required to:

  • prepare and submit a statement of claim;
  • pay the state duty, the amount of which is established by the Tax Code and is 600 rubles (if property is not divided, etc.);
  • present evidence to the court.

The statement of claim is drawn up according to the rules determined by the norms of civil procedure legislation:

  • the introductory part of the claim consists of information about the court to which it is sent for legal proceedings and the parties to the process;
  • descriptive - contains a statement of the circumstances that led to the application to the court. The plaintiff also provides evidence in favor of the claims made against the defendant;
  • final – formulates clear requirements. It is also required to indicate which attachments are sent along with the claim (documents that act as evidence: marriage certificate, birth certificate, documents for property acquired jointly and subject to division, etc.).

After the court receives the application, the judge single-handedly reviews it and the accompanying documents, within 2 weeks makes a decision to initiate proceedings and assigns the case for consideration. Throughout all court hearings (there may be 1 or more, but on average 3-4), the parties adversarially defend their interests, attract witnesses, etc.

During the review process, the court may give a period for reconciliation of up to 3 months. If reconciliation does not occur within this period, the court will proceed to consideration on the merits.

If the parties have expressed a mutual intention to separate in court, the court will make its decision after the first meeting. At the same time, they will not establish motives or other circumstances.

After the completion of the stages of judicial investigation and debate, the judge alone makes a decision based on established circumstances and the law.

Deadlines

There are strict deadlines for the divorce process through the registry office. So, the entire divorce process from filing an application should take 1 month. This rule is general for all situations of administrative termination of marital relations, and there are no exceptions.

There is no such strict period determining how long the dissolution of a family union through the court lasts. There are general time frames within which, taking into account the specifics of the situation, the court must make both an interim and a final decision. In any case, a judicial divorce will take much longer. The minimum period that those divorcing can expect is 1 month and 11 days, which are required for the decision to come into force. It is widely practiced by the courts to provide a conciliation period, primarily for families with children, in which case the process will last at least 4 months.

If the divorce is initiated by the spouse during the wife’s pregnancy and the latter does not share the husband’s aspirations, the process will drag on for more than a year. This is because the court will refuse such a spouse and he will have the right to apply for a divorce only when the child turns 1 year old.

The process may also be delayed if the court decision is appealed.

The divorce process in Russia has specific features, and each case requires an individual approach. In most cases, when there is a confrontation between spouses, you should resort to qualified legal assistance in order to go through the process with less losses.

Cost of services for preparing documents and counseling during divorce through court

Cost of representation in court upon divorce through court for different categories of cases

Collection of alimony in court

Division of property upon divorce

Determining the place of permanent residence of children upon divorce

Procedure for communicating with children after divorce

Divorce in court if one of the parties disagrees

Divorce in court if there are minors in the family

Divorce through court with a pregnant wife who does not give a divorce

Providing housing for minor children after divorce in court

Prices for additional services for divorce through court

Divorce in court: reasons for divorce proceedings

The inability to continue the marriage leads to its termination. Divorce in court is possible only on the grounds determined by the Investigative Committee. The entire range of reasons why divorce is carried out within the framework of the justice procedure is the raising of minor children by a couple, the absence of mutual consent to divorce, or, despite such consent, one of the spouses creates certain obstacles to divorce. In all these situations, divorce is performed through the court. What documents are needed for a divorce through the court, which court to go to, and what does the divorce procedure look like when going to court?

Who can file for divorce through the court?

Any of the parties to family legal relations can prepare and submit for consideration a statement of claim for divorce and collection of alimony and other documents for divorce through the court. The judicial procedure for dissolution of marriage, divorce through the court, is fully regulated by the Code of Civil Procedure of the Russian Federation. After all the necessary documentation has been prepared, all procedures required by law have been carried out, the positions of the parties have been heard at court hearings, the marriage is dissolved in court.

Upon completion of the proceedings, a court decision on divorce is announced. Such a decision is the basis for state registration of the fact by the civil registry office. That is, having received a document that a divorce has occurred through the court, you need to come to the registry office at your place of residence, where a certificate of divorce will be issued.

Court decision on divorce.

The completed divorce through the court is documented in the court decision. The judicial act expressed in the decision indicates the dissolution of marriage and family relations.

The case review process is open. This means that any person interested in the issue can attend court hearings. Within its framework, the parties express their attitude and opinion regarding the possibility of divorce. Spouses have the opportunity to offer their arguments in favor of saving the marriage. In some cases, during the trial, the parties decide not to pursue a divorce through the court - to remain married.

You can determine how much a divorce costs by setting the amount required as state fees.

A final decision on divorce through the court is issued to the parties if none of them has expressed a desire to challenge it. The date of divorce will be considered the day when the civil registry office registered the divorce and issued the corresponding certificate of divorce. Until this moment the marriage is valid. And if the parties do not receive the certificate, then in the future they risk facing various legal problems, including estate planning. Therefore, it is worth bringing the process to its logical conclusion and obtaining a certificate of divorce, about which a corresponding note will be made in the documents of the registry office.

Statement of claim for divorce

To carry out the procedure related to divorce, in the absence of circumstances that entail mandatory compliance with judicial proceedings, the parties have the right to submit to the registry office a statement of mutual intention to dissolve the existing relationship between them. The divorce procedure in this case is simplified. The state fee, payment of which is confirmed by a receipt, is submitted along with the application.

Divorce in the registry office will take 1 month. This time is given to the parties for reconciliation. At the appointed time, at least one of the parties must appear before the authorized body to officially register the divorce.

A certificate of divorce is issued to the party present or to both parties.

Statement of claim for divorce (for division of property, for collection of payments, with children)

But if the spouses have joint children who have not reached the age of majority, as well as property that is subject to division, only a divorce through the court is possible. An application for divorce through court with children is submitted directly to the judicial authorities. This is a mandatory procedure in this situation. It is also necessary to carefully study what documents are needed for divorce through the court in addition to the application.

In addition to the fact that the court considers the issue of divorce, its responsibility is to determine a number of certain circumstances related to the continued existence of family members outside of marriage. Divorce through the court with children requires the need to determine the place of residence of minors with one of the parents. This also makes adjustments to the question of what documents are needed for a divorce through the court. You will need to provide birth certificates of children, documents about where they currently live, and so on. A competent family law attorney who specializes in divorce will help clarify all the nuances.

Both in this legal process, when a divorce is carried out through the court, and in a separate one, the issue of paying alimony can be considered. To do this, an application is submitted to the court for divorce through the court with children and the collection of alimony. As a result, the court will make a decision on the basis of which a writ of execution will be issued for alimony payments if a divorce occurs through the court.

An application for divorce through court with children and division of property can be sent to the court. Based on its consideration, the court determines the shares of each spouse in the list of joint property that was acquired (acquired) during the marriage. When a divorce is carried out through the court with the division of property, it is important to correctly determine the separate basis - jointly acquired property, which is subject to division between the spouses. A qualified lawyer specializing in the division of property of divorced spouses can help with this. The division can occur voluntarily, without trial. In this case, it is recommended to sign an appropriate agreement, which will clearly stipulate which party will own what in the future.

As a rule, the issue of division of property arises between spouses for 3 years after the divorce took place through the court, and is considered in separate proceedings.

What documents are needed for a divorce through court?

The documents required for divorce through the court include several items. When a marriage is dissolved through court, a claim is filed for divorce and division of property. Although it is an independent document, it requires an evidentiary base, which is presented in the form of attachments, usually made in copies.
Divorce in court requires that the following documents be presented for divorce through the court:

  • marriage registration documents,
  • certificates confirming the birth (adoption) of children,
  • certificates about the place of registration of the person filing the application and the place of residence of the defendant, which is necessary to determine the jurisdiction of the case.

The simplest cases, which do not contain property claims, are considered by a magistrate when a divorce occurs through the courts.
A state fee is charged for the divorce procedure.

State fee for divorce

Almost all services provided by the state are reimbursable. Divorce in the courts, as well as divorce in the registry office, is no exception.
The state fee for divorce in court is the payment of persons for the provision of public services. Essentially, this is a fixed amount of funds paid into the budget.

The amount of payment is determined in the regulatory legal acts of state significance. The amount of payment can be floating, depending on the price of the service (claim), as well as simple, determined in a fixed, unchangeable value (for issuing a document). You can find out what documents are needed for a divorce through the court and what the amount of the state fee for divorce through the court will be before the start of the trial.

Divorce certificate

The document is confirmation of the state procedure for divorce. The divorce certificate is issued on a state form; the data of the persons who became former spouses, number, and date of registration are entered into it. The document must contain the signature and seal of the registration authority.

The basis for issuing a document may be a court decision on divorce or a simplified procedure at the registry office. The certificate is issued to both spouses who have divorced. If the divorce occurs through the registry office, then the marriage is dissolved in a simplified manner within one month.

Time to divorce through court

Divorce in court is a longer procedure and usually lasts several months.
The chronology of actions included in the divorce procedure is as follows:

  • using a sample statement of claim for divorce, a statement of claim is prepared and sent to the court; it is important to know what documents are needed for a divorce through the court;
  • the case is scheduled for hearing approximately within a month from the day the claim was received by the court;
  • the case is postponed for up to 3 months, thereby providing the parties with a conciliation period if one of the parties insists on the impossibility of dissolving the marriage;
  • if the question of providing a period for reconciliation does not arise or it has already expired when a divorce is being pursued through the court, the judge makes a decision at the next meeting;
  • Such a decision enters into legal force after 1 month.

Jurisdiction of divorce cases

Divorce is carried out by a magistrate or district court (except for cases of divorce under a simplified procedure). If a divorce is carried out through the court, the powers of the magistrate include the consideration of cases in which the parties have not reached a general agreement on divorce and continue to argue.

As a rule, such a divorce through the court implies that the parties are given time for reconciliation, after which a decision is made. Thus, the magistrate court considers only those divorce cases that are not related to the property rights of the spouses and the need to protect the rights of minor children.

According to the general judicial procedure, district courts consider cases of spouses having property disputes, as well as cases in which the parties have a minor child, whose rights must be taken into account in the event of a parental divorce. Then a divorce is required in a district court, which requires compliance with certain procedures.

The court's refusal to accept an application for divorce

When a divorce is carried out through the court, the court has the right to refuse to accept a claim for divorce in the presence of one or more circumstances determined by the Civil Procedure Code. Such circumstances are typical not only for divorce proceedings, but also for other cases considered by the courts.

An application for divorce through court with children may not be accepted if there are such circumstances as

  • consideration of a case with identical requirements in another judicial proceeding;
  • the application was sent by a citizen who is not entitled to submit it;
  • in a claim for divorce, acts that do not violate the interests of the applicant are challenged in court;
  • the presence of a decision that has entered into force on an identical dispute involving the same parties, etc.

Thus, when considering these circumstances in the context of divorce proceedings, it should be noted that a court refusal is possible only if there is an already announced decision in a similar case or when a claim is filed by a person who is not authorized to file it (a representative without the appropriate authority).

Procedure for considering a case in court

Judicial proceedings in divorce cases are regulated by the rules of the Code of Civil Procedure.

From the moment the claim for divorce through the court is received by the judge, all documents for divorce through the court are submitted, and the fact of the opening of proceedings in the case is established (there are no grounds for leaving it without progress), the judge schedules the case for hearing. During the proceedings, it becomes clear that the parties need to be given conciliation time, which can be up to 3 months.

The court resolves all significant issues, including those of a property and non-property nature, and then makes a decision. Such a decision can be appealed within one month to the appellate court. The absence of an appeal allows the court decision to enter into legal force.

Divorce of marriage by a justice of the peace

Depending on whether the married couple has children under the age of majority and property disputes related to the divorce, the jurisdiction of the dispute is determined.
The magistrate considers relevant claims in which there is only a dispute about the very fact of divorce, i.e. when one of the parties is against divorce and intends to save the marriage.
The procedural procedure for such proceedings is no different from the conduct of a trial, which is determined for district courts. It is enough to find out what documents are needed for a divorce through the court, and then write the appropriate application to file for divorce through the court. A professional family lawyer will help you prepare the appropriate documents for divorce through the court according to all the rules.

When is a marriage considered dissolved?

The procedure for dissolution of a marriage can take place according to a general or simplified procedure.

The simplified procedure involves the dissolution of a marriage, which is carried out by mutual consent of the parties or in connection with the declaration of the spouse as missing, deceased, convicted of a crime and serving more than 3 years of imprisonment. It is carried out by the registry office on the basis of a mutual statement of the parties or a court decision establishing the above reasons.

A marriage is considered dissolved from the date of registration of the civil status act and receipt of the corresponding certificate, or from the date the decision enters into legal force.

If you want a divorce, but your partner does not want it, then you can unilaterally file for divorce through the court.

If your partner gives you consent to divorce, then you can quickly.

Divorce through the registry office is quick and simple, but we will consider the option of divorce in court.

Grounds for ending a marriage.
- When does one file for divorce in court? Conditions.
- Which court should I file for divorce in?
- Documents for filing for divorce through the court.
- How is the trial going?
- Divorce terms.
- Nuances of divorce through court.
- Grounds for termination of marriage.
- State duty and the cost of a lawyer’s services during a divorce through the court.
- Video.
- An example from judicial practice.


Grounds for termination of marriage

From the perspective of legislation (Article 16 of the RF IC), there are 4 grounds for termination of family relationships:

  • Death of one of the spouses;
  • Recognition of a spouse as deceased (by the court);
  • Filing an application for divorce by one of the spouses (by the guardian of the spouse if he is incapacitated);
  • Filing of an application for divorce by both spouses.

In the first two cases, the marriage is terminated at the moment the event occurs or the court decision enters into legal force.

When does one file for divorce in court? Conditions.

As already noted, is it possible to get a divorce both in the registry office and in court? But when exactly will you have to go to court?

There are three cases:

  • The presence of joint children under 18 years of age (clause 1 of Article 23 of the RF IC);
  • Reluctance of one of the spouses to part with their other half (Article 22 of the RF IC);
  • Evasion of one of the spouses from appearing at the registry office, with theoretical consent to divorce (clause 2 of article 21 of the RF IC).

In the first case, everything is clear: even if a husband and wife vying with each other about the impossibility of living together in the future, but they have at least one common child (a minor), they will still have to get a divorce in court.

In the second, everything is also clear: the husband or wife wants freedom, and, accordingly, his wife or husband expects speedy reconciliation and preservation of the family. The registry office will not divorce such a couple. The matter will be decided in court.

The third case is the most interesting: both spouses agree, but one of them sabotages the event in every possible way and simply does not show up at the registry office on the day appointed for the divorce. In this case, the person wishing to break off the family relationship will have to file a claim in court for divorce.

Which court should I file for divorce in?

As a general rule, divorce cases are considered by world judge– clause 2, part 1, art. 23 Code of Civil Procedure of the Russian Federation. If, during divorce proceedings, a husband and wife decide the issue of determining the place of residence of their joint child, then such a case will be considered district court- Art. 24 Code of Civil Procedure of the Russian Federation.

The claim is filed in court at the place of residence of the defendant, or the plaintiff, if the place of residence of the former is unknown. It is also allowed to file a claim in court at the place of residence of the plaintiff if a minor child permanently lives with him, whose place of residence after the termination of the marriage will have to be determined by the court.

Documents for filing for divorce through the court.

Submitted according to the general application rules. The initiator of the divorce will be called the plaintiff, the other party will be called the defendant.

The claim shall indicate the full details of both parties, including place of residence, grounds for divorce (formal condition), and also attach documents (copies):

  • Marriage certificate;
  • Children's birth certificates;
  • Certificates of income, if we are also talking about the collection of alimony;
  • Document confirming payment of state duty;
  • The spouse's consent to divorce is notarized, if any.

How is the trial going?

After accepting the claim, the court sets a date for the first hearing. It cannot be appointed earlier than one month after the claim is filed by the applicant. The plaintiff and defendant receive a divorce summons by mail before the hearing. At the first meeting, the court finds out the attitude of the parties to the divorce, the reasons for the divorce, and the possibility of saving the family.

If both spouses have a strong desire to separate, but there are no disputes on other issues, then the divorce process in court ends there. The court issues a divorce decree and, after 30 days, sends a copy of it to the registry office. If everything in the case is not clear: the husband/wife does not want to separate, then the court sets a period for reconciliation of the parties, usually 3 months. If, after the expiration of the period, the parties have not found a common language, then the judge makes a decision to terminate the marriage.

In case of no-show...

If both spouses do not come to court, then the case is terminated and the family is preserved, but if there is only one, then first the judge finds out:

  • Was the person who failed to appear properly notified and, if so, then;
  • Was his reason for not appearing valid?

If the party has been duly notified and no request has been made to consider the case in his absence, then the judge may either reschedule the hearing to another date or hold the hearing in the absence of the person who failed to appear.

Two failures to appear are allowed (two postponements of the hearing); on the third failure to appear, the court will be forced to make a decision.

Divorce terms

Unencumbered by other requirements and with the consent of both spouses, a divorce in court will not take more than 1 month(plus 1 month for the court decision to enter into legal force) from the moment the plaintiff submits the application.

If only one spouse has a demand to break family ties, then the trial may drag on for 4 months(plus 1 month for the court decision to enter into legal force). The deadline includes the maximum allowable time for reconciliation of the parties.

If only one party has a strong desire to get a divorce, and the other, after the allotted period for reconciliation, did not appear at the hearing, and then did not appear again and again, then you will have to get a divorce for the whole 6 months from the date of filing the claim (plus 1 month for the court decision to enter into legal force).

If the divorce process involves, then the terms, in general, can vary from six months to one and a half years.

Nuances of divorce through court

Family law of the Russian Federation provides the right to initiate divorce to both husband and wife, however, there are some nuances.

Thus, the husband does not have the right to file for his wife even a year after the birth of the child. The court will divorce a couple only if the spouse expresses a desire (Article 17 of the RF IC).

If the claim for divorce includes a request for the division of property, then such a claim can be filed in court at the location of 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 simultaneous division of property, along with the claim, it is advisable to file a petition to seize the property so that the defendant cannot realize it.

It happens that spouses reconcile after the court has made a decision on divorce. In this case, the law gives the right to appeal the court decision within 30 days, and in the court of second instance to abandon the claim.

State duty and the cost of a lawyer for a divorce through the court.

Freedom has always been highly valued, literally and figuratively, so a person who decides to give up married life will have to spend money.

The cost of a divorce, excluding compensation (if any is provided for in the marriage contract), property consists of a state fee and the cost of services of a trusted person (lawyer).

There are three duty options depending on the conditions:

1) For state registration of divorce, including the issuance of certificates:
with mutual consent of the spouses who do not have common minor children - 650 rubles for each spouse.
2) Upon divorce judicially- 650 rubles from each spouse.
3) Upon divorce at the request of one of the spouses if the other spouse is recognized by the court as missing, incompetent, or sentenced to imprisonment for a crime for a term exceeding three years - 350 rubles.

The cost of representative services varies by region. So, in the capital, a family lawyer will cost 900 rubles, and representation in court will cost from 10 thousand rubles. In the provinces, amounts may be smaller.

An example from judicial practice

Inna B. filed a lawsuit for divorce from her husband Stanislav B.. At the time of filing the application, Stanislav B. was registered with his friends, but Inna B. did not know the address. The couple had a 5-year-old daughter. The wife filed a lawsuit in the district court at her place of residence, indicating that she did not know where her husband currently lived. The spouse also filed for division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously made a demand to determine her permanent place of residence with her mother.

Stanislav did not appear at the court hearing. The court decided to postpone the consideration of the case for a month. Stanislav again failed to appear at the re-hearing, and the court again postponed the consideration of the case for a month. At the third court hearing, the husband came and stated that he did not intend to separate from his wife, but wanted to maintain the relationship for the sake of his daughter. The court set a deadline for reconciliation - 2 months.

Two months later, at the next meeting, the court decided to divorce the couple, leave the daughter to live permanently with her mother and assigned her alimony, dividing the property in equal shares, but it turned out that by the time the decision was made, the car had been sold and the spouses’ property amounted to one garage. Subsequently, Inna was unable to prove that she did not know about the sale of the car and was unable to cancel the transaction.