Divorce through the registry office if there are minor children - how to get a divorce through the registry office if you have a child

Divorce is a rather complex and exhausting procedure. And when spouses have children together, it becomes even more difficult.

Who will divorce a couple with a child?

The decisive factor in the question of where to file for divorce if there is a child is whether the spouses were able to agree on the role of each in his life before the end of the marriage.

You can file a divorce through the registry office if you have common children only in one of the following cases:

• if the child is already eighteen years old,
• if the child’s father is recognized by the court as having lost his legal capacity,
• if, according to a court decision, he has the status of missing person,
• if he is convicted of committing an unlawful act to imprisonment for a term of three or more years.

In all other cases, in accordance with Article 21 of the Family Code of the Russian Federation, you can only get a divorce in court. Here it is important to determine the jurisdiction, that is, a magistrate or a court of general jurisdiction (city or district) to file a claim for divorce.

To ensure the full legality of interests, as well as the rights to minor joint children, a spouse during a divorce, if desired, can draw up an Agreement on Children.

It’s good if you resolve the dispute about joint children before filing a divorce application in court. Russian legislation (Art.

24 of the RF IC) gives you the opportunity to enter into an agreement on children, which will indicate with whom the child will live, who will provide him financially, educate him, etc.

You will find a sample agreement on children in case of divorce here - https://divorceinfo.ru/2236-kak-pravilno-sostavit-soglashenie-o-detyah-pri-razvode-suprugov

If you can resolve these issues amicably, then filing a divorce in the presence of children will take place before a magistrate and will take much less time. You can find out more about the timing of divorce through the court in our article.

When two parents want to raise their children on their own, and they fully meet the conditions for doing so, the legal process will become more complicated.

• If they are unable to discuss issues affecting the interests of the common child of the divorcing spouses and cannot at all agree on its future fate, then they will have to be resolved in a court of general jurisdiction.
• Moreover, the court will be able to resolve claims regarding disputes about children both within the framework of the divorce process itself and after the divorce (if one has already been registered between the spouses).
• When determining territoriality, the general rule for filing a claim in court applies: it is filed at the court site or the court of the locality or region where the defendant’s (that is, the spouse’s) place of residence is registered.
• In exceptional cases, a statement of claim may be accepted by the judicial authority at the place of residence of the plaintiff (wife):

• if she has a young child with her (and this is important when divorcing a child),
• if it is difficult for her to come to a certain court for a divorce due to her health condition or disability.

Also, both spouses can determine the most convenient judicial authority for filing a divorce in the presence of children by mutual agreement and mutual application with justification.

What will the judge find out?

If the divorcing spouses, even before filing a claim for divorce, entered into an agreement on determining the place of residence of the minor child (children) and on the procedure for communicating with the child (children), then these issues will no longer be considered by the court.

But if they were unable to reach such an agreement, then statements of claim regarding the dispute over the children are filed in court.

The application form for divorce, if there is a child, is no different from the usual statement of claim for divorce. You can find sample statements on disputes about children below.

The court, which is one of the bodies protecting the interests and well-being of minors, will decide two issues regarding the joint children of a divorcing couple:

• which parent will the child live with after the divorce is finalized?
• in what order will meetings between the child and the parent with whom he will not live together take place?

Also, at the request of the spouses, the dispute over the payment of child support can be resolved in the same court process. It will even be convenient if the court immediately determines which parent the child will live with and who will pay financial assistance for his maintenance.

In order to resolve these issues as fairly and correctly as possible in accordance with the letter of the law, the judge must consider many nuances. In order to provide all possible assistance to the court in this matter and protect the interests of children, a representative of the guardianship and trusteeship authorities must be invited to the court hearing.

Whether the child will remain to live with his father or mother after the divorce will become clear when the judge examines the financial situation of both spouses, living conditions, availability of work and daily employment, health status, moral and domestic behavior, the presence of other children and many other circumstances.

In practice, it often happens that the child is left with the mother. Especially if the child is still young and finds it difficult to cope without outside help. But the father has the opportunity to appeal this decision and insist that the court leave the child with him.

Sometimes, when there are several children together in a family, the court will be able to determine where one of them will live with their mother, and the other with their father. The interests of none of the children should suffer from this.

When the child turns 10 years old, he will be able to express his opinion to the court on this issue, and the latter will be obliged to take it into account when making a decision.

Article 66 of the Family Code of the Russian Federation gives a father (or mother) who does not live with his child the opportunity to see him freely and participate in his upbringing. The other parent is prohibited from interfering with this in any way.

The court will also be able to determine the order of communication between the child of divorcing parents and his grandparents. This opportunity is provided for them by Article 67 of the Family Code of the Russian Federation. Only by that time the child should be ten years old.

What documents should I bring?

Some plaintiffs are confused and do not immediately understand what is needed for a divorce if there is a child. The documents you will need are almost the same as for a regular divorce:

• statement of claim in the prescribed form,
• identity passports of both parents,
• marriage certificate (original),
• receipt of payment of the state fee (details for paying the state fee for divorce can be found here).

You will also need to attach:

• birth certificate of the child(ren),
• agreement on children (if any),
• alimony agreement (if concluded),
• statement of claim in a dispute about children (if the spouses do not agree).

How long does a divorce take if there is a child?

A divorce complicated by disputes about children can drag on if the spouses are unable to reach an agreement and each insists on his own.

When one of the spouses does not grant a divorce, the court may determine a period for reconciliation. However, it will not exceed 3 months in total.

Such litigation lasts from several months to one year, and sometimes longer. This is a hassle, money costs, and constant court hearings that are exhausting for both.

Therefore, lawyers advise a divorcing couple to make every effort to reach an agreement or turn to competent specialists who will help complete the divorce process quickly and with minimal losses for both.

If the spouses both agree to a divorce and agree in advance on the issue of children, then they will be able to divorce them in just a month.

It often happens that there are no disputes about children, but one spouse does not want to file for divorce, then the judge is given time to further think about his decision and the possibility of reconciliation. Court hearings may be postponed several times. But this will last no longer than three months. Then the spouses, if one of them still persists and wants to end the marriage, will still be divorced.

That is, ideally, your divorce process will take from one month (that’s how much time passes between filing a claim and the court hearing) to four (since the judge will be able to postpone court hearings for up to three months). Provided that the dispute about joint children is resolved as quickly as possible.

The court will not divorce

If there is a child under the age of one year, then you cannot get a divorce if the child’s mother does not want it.

Russian family law provides for two cases in which the court will not accept or consider an application for divorce initiated by the husband:

• wife's pregnancy
• common infant child.

In this case, registration of a divorce in the presence of children can only take place if the application is submitted by the wife herself.

What surname will the child have?

And it is advisable for parents to agree on this issue in advance. Although here, too, sometimes, wanting to annoy each other, each spouse “pulls the blanket over himself.”

It is more convenient for the mother for the child who remains to live with her to bear her maiden name, which she returned to herself after the divorce. It is important for the father that the last name be his.

Even a child can help resolve this issue and choose his own surname, but to do this he must be 14 years old.

In practice, very often spouses even after a divorce leave themselves and their children with one common surname. This way it’s more convenient for everyone: it’s familiar, there’s no need to change documents, there’s no need to argue about changing it, and there won’t be any unpleasant situations when a parent and child don’t have the same last name.

Sample statement of claim for divorce

Divorce through the registry office if there are minor children - how to get a divorce through the registry office if you have a child

By the way: Do you know about our “Stress-Free Divorce” service? More details

Faced with the need for a divorce, a spouse dissatisfied with their life together is ready to do everything to end the relationship as quickly as possible. But what about those who have minor children from their life together?

Attention! Having children will greatly delay the divorce process, so we recommend contacting our experienced lawyers! As part of the “Divorce without the participation of one of the spouses” program, the representative will take on all the burdens of the divorce process. Your participation is not required! Call right now + 7 (495) 722-99-33!

You can often see proposals for a quick divorce through the registry office, even if there are children under 18 years of age. Let's see if this is possible in practice.

Grounds for divorce through the registry office

The Family Code of the Russian Federation establishes unambiguous rules for divorce through the registry office. Spouses can take advantage of this simplified procedure if:

• An agreement was reached between them on the issue of divorce, that is, they both decided to take this step and are ready to submit the appropriate applications;
• The spouses do not have common minor children.

The slightest dispute or disagreement - and you need to go to court. In addition, even if there is no dispute, you and your marriage partner agree to dissolve the marriage, but you have a joint child under 18 years of age, the registry office will not be able to file a divorce under any circumstances!

Thus, divorce through the registry office with a child is impossible!

When and how can you get a divorce through the registry office if you have minor children?

However, every rule has its own exception: the law has a number of exceptions that allow you to resort to this method even if you have children under 18 years of age. Alas, they are not applicable to the vast majority of divorced marriages and are rather of an emergency nature.

It is possible to dissolve a marriage through the registry office with children if one of the spouses:

• declared incompetent by a court decision;
• declared missing in compliance with the procedure established by law;
• committed a crime for which he was sentenced to imprisonment for a term of three years or more.

In all these situations, you just need to write a statement of the established form, accompanying it with documents confirming the listed facts, namely the relevant decision or court verdict that has entered into legal force.

The presence of minor children and the opinion of the second spouse do not matter, because it is understood that a person deprived of legal capacity, as well as someone who has disappeared or is in prison, will not be able to provide the child with proper upbringing and support.

The period for divorce in this situation is established by law and cannot be changed - 1 month from the day you submitted the application. It is assumed that during this period the spouse who wishes to end the marriage may change his decision. If you are firm in your intentions, you should come to the registry office, sign and receive the appropriate certificate that the marriage has been terminated.

In other cases, when a couple has minor children and the will of the spouses is not limited in any way, only the court can put an end to the divorce process.

How can you solve the problem quickly and easily?

To effectively and correctly resolve a dispute about children, as well as for a proper legal assessment of the current situation, it is advisable to enlist the support of specialists.

Even if there is a dispute about children, our lawyers will help you resolve the dispute quickly, conveniently and as efficiently as possible. 

We are waiting for your call now + 7 (495) 722-99-33!

Divorce through court: registration procedure 2023

The current legislation of Ukraine provides for the possibility of divorce by the court in a separate (based on a joint application of spouses with minor children) or a lawsuit (based on a claim for divorce filed by one of the spouses) proceedings.

How to dissolve a marriage if the husband and wife agree to divorce, but there are minor children?

It is under such circumstances that it is appropriate to consider the case in a separate proceeding, which significantly simplifies the divorce procedure and frees the spouses from the need to attend court multiple times. In this case, you must follow the rules listed below.

Together with the application for termination of marriage, a written agreement must be submitted to the court about which parent the children will live with after the divorce, what participation the mother or father living separately will take in ensuring their living conditions and upbringing. In addition, the specified agreement can stipulate the obligation of the parent with whom the children will remain not to interfere with the second in the exercise of their parental rights and responsibilities in relation to the child.

Children who have reached the age of fourteen have the right to independently determine their place of residence after divorce (Part 3 of Article 160 of the Family Code of Ukraine).

How to establish a father's obligation to pay child support?

Part 2 of Article 109 of the Family Code of Ukraine provides that an agreement can be concluded between parents on the payment and establishment of the amount of child support, which must be notarized.

This is a guarantee that in the event of failure to comply with this agreement, funds can be received from the debtor on the basis of a notary’s writ of execution, which allows for the collection of alimony by force.

In accordance with subparagraph 4.15 of paragraph 4 of chapter 5 of section II “Procedure for performing notarial acts by notaries of Ukraine” No. 296/5, the terms of the agreement on the payment of child support must determine the amount, terms, as well as the procedure for payment and the grounds for the intended use of alimony. At the same time, violation of the rights of the child enshrined in the Family Code is not allowed.

How long does divorce take in Ukraine?

The duration of the divorce procedure with mutual consent of husband and wife is one month. During this period, spouses have the right to withdraw their application.

The duration of the divorce proceedings in the absence of the consent of the second spouse to dissolve the marriage is several months.

A qualified family lawyer or attorney can change the duration of the review, either up or down (in other words, delay or speed up the divorce).

What to do if the husband or wife is against divorce?

In this case, Part 1 of Article 110 of the Family Code provides for the possibility of dissolution of marriage relations at the initiative of one of the spouses. To do this, you need to go to court with a claim for divorce.

Such cases are fraught with a number of objective difficulties, but it is important to understand that the other spouse cannot prevent the divorce through the courts - he can only delay the decision.

In other words, the wife or husband’s disagreement with the divorce does not mean that it is impossible, but one should be prepared to provide a period for reconciliation.

What documents are needed for a divorce through court?

The list of documents required for divorce is given below:

• statement of claim for divorce (two copies);
• a copy of the child's birth certificate;
• receipt of payment of the court fee;
• original marriage certificate;
• copy of the plaintiff's passport.

Which court should I go to for divorce?

Claims for divorce are filed with the court at the defendant’s place of residence. The exception is claims filed in accordance with Article 110 of the Civil Procedure Code, where the area for filing the statement of claim (jurisdiction of the case) is determined by the choice of the plaintiff.

Thus, on the basis of the above legal norm, claims for divorce can be filed with the court at the place of residence of the wife or husband if there are minor or minor children in their care, as well as when this is required by the health status of the applicant or other valid reasons.

What is the cost of a legal divorce in 2023?

The main expenses in the divorce process are the fees of an attorney or family lawyer, as well as the amount of the court filing fee. Thus, the cost of divorce depends on a number of factors.

When is divorce impossible?

At the legislative level, there is a ban on divorce in Ukraine during the wife’s pregnancy and within one year from the birth of the child. However, there are a number of exceptions - you can divorce a pregnant wife or if you have children under 1 year old in the following cases (provided for by parts 2, 3, 4 of Article 110 of the Family Code):

• information about the man as the child's father is excluded from the child's birth certificate;
• unlawful behavior towards the second spouse (corpus delicti);
• paternity of a conceived or born child is recognized by another man.

How to divorce a foreigner in Ukraine?

The procedure for divorce from a foreign citizen is similar to the procedure for divorce from citizens of Ukraine, which is described in detail above. However, a characteristic feature is the difficulty of notifying a foreigner of the date and time of the hearing. This, in turn, leads to an increase in the duration of the divorce process.

Divorce from foreign citizens implies the possibility of filing a claim at the last known place of residence in Ukraine.

In some situations, to speed up the procedure, it is advisable to use the following methods of notifying the defendant: sending a summons by courier delivery service; notification of the party through official media; communicating information about judicial review through consular offices.

How to file a claim for divorce in court?

An example of a claim for divorce in court, in the presence of children, is presented below.

Download a sample statement of claim for divorce

How to get a divorce if there is a child?

• Divorce with minor children
• Procedure for divorce
• Children Agreement

Divorce with minor children

Who dissolves the marriage?

Some citizens who want to file a divorce try to find answers to their questions and often enter into a search engine the query “how to get a divorce if you have a child.” First of all, they should find out which government bodies are authorized to dissolve the marriage union of those citizens who have children together.

Judicial authorities

According to the general rule enshrined in Art. 21 of the RF IC, divorce of spouses who have common children under 18 years of age is carried out in court.

Civil registry offices

At the same time, the legislator regulates exceptional cases when a spouse can obtain a divorce in the registry office. So, according to Art. 19 of the RF IC, an application for divorce is accepted from a spouse, regardless of the presence of children, when the second spouse:

1. Recognized as incompetent.
2. Recognized as missing.
3. Sentenced to more than 3 years.

Only in the presence of the specified circumstances can a spouse petition for termination of the marital relationship, excluding judicial consideration of this issue.

Procedure for divorce

Collection of documentation

1. To initiate a divorce procedure, both spouses or one of them write a corresponding application and collect the necessary documentation.

2. After authorized officials of a government agency accept papers from a citizen, he has 30 days before making a decision on the application.

3. A standard set of divorce papers requires:

Making an application

• An application for divorce can be submitted either in the form of a written document or in the form of an electronic message.
• If a citizen sends documents to the registry office in electronic form, then he must ensure that they contain his personal digital signature.
• The government services portal provides citizens with the opportunity to use its services and send documentation and an application to the electronic mail address of the registration authority.

If one of the spouses makes an application, while the other was declared incompetent or was sentenced to imprisonment, then the second spouse must be notified by state authorities of the receipt of the application before the decision on divorce is made. If a citizen is incapacitated, his guardian is notified in accordance with the established procedure.

Consideration of the application

If a citizen has submitted an application to the registry office, he must appear within the time period specified by the officials who accepted and registered his application. Persons who have applied to the court appear at the hearing on the day specified in the agenda.

The court that has considered the application for divorce may decide:

1. Divorce the marriage.
2. Refuse the claim.
3. Postpone divorce for up to 3 months.

Powers of the court when considering a divorce case

The main goal of a court resolving the issue of divorce of spouses with children is to protect the interests of the child, which are paramount.

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The norms of family law establish the right of parents who have given consent to divorce to submit an agreement about the children to the court. This document may include items related to issues of the child’s place of residence and alimony paid for the maintenance of the child.

Thus, the court considers problems associated with:

• Place of residence of the child. It decides which parent will live with the child and who will have the right to visit him.
• The spouse who is recognized as obligated to pay child support.
• Division of common property.
• The amount of maintenance paid to a spouse.

Decision of the authorized body

After the 30-day period, the authorities registering the marriage of citizens register their divorce.

It is the date of registration and making the corresponding entry that will be considered the moment of termination of the marriage relationship between the spouses.

If the decision on divorce was made by the court, then citizens are considered divorced from the moment this decision enters into force. Within 3 days from the moment the decision acquires legal force, the judicial authorities send the relevant extracts from the decision to the registration authorities to register the divorce.

Registration of divorce

This procedure is regulated in detail by the Federal Law of November 15, 1997 N 143-FZ. It involves the registry office making records of the end of the marriage relationship, as well as issuing divorce certificates to individuals.

Divorcing citizens can keep their current surname taken from their spouse or return to their previous surname that belonged to them before marriage. Both names will be reflected in the contents of the certificate.

When making a record of the act of divorce, authorized officials enter information about divorced citizens:

• FULL NAME.
• Place and date of birth.
• Citizenship.
• Location.
• Nationality.
• Education.
• Whether the dissolved marriage is the first or repeated.
• Presence of children under 18 years of age.
• Date of entry.
• Record number.
• Date of termination of marriage.
• Passport details.
• Details of the divorce document.
• Details of the document that served as the basis for the divorce.

Children Agreement

If the parties to the divorce proceedings took care in advance to draw up a written agreement in which they set out their positions regarding common children under 18 years of age, this will greatly facilitate the work of the court.

Contents of the agreement regarding children

As a rule, in a parental agreement, citizens seek to consider issues related to the child’s place of residence, as well as the rights and responsibilities of parents in relation to their children.

In particular, the parties may consider the order of communication with the child of the parent who will not live with him.

They can regulate the exact times and days on which the parent can meet with the children. At the same time, one can point out the mother’s duty to refrain from erecting obstacles to such meetings.

Agreement form

The agreement between husband and wife regarding their children must include:

• Date and place of compilation.
• Information about parents.
• Information about children under 18 years of age.
• Passport details of parents and children.
• Details of the children's birth certificate.
• Signatures of each party to the agreement.

This means that citizens with children and who are married can get a divorce based on a court decision. Divorce in the registry office is possible in the presence of exceptional circumstances established by law.

Sources:

Divorce in the presence of common minor children

Unfortunately, even if they have common children under 18, many married couples decide to divorce.

Since the state primarily protects the interests of motherhood and childhood, in this case the family union can only be dissolved in court.

In exceptional cases (for example, incapacity of a spouse), the law allows for a divorce in the registry office, even if the couple has children who have not reached the age of majority .

The procedure for divorce with children depends on whether both parties agree to dissolve the union. If one of the spouses is against divorce, then the divorce process can drag on for up to 3 months.

In order to speed up and make the divorce as easy as possible, the plaintiff must submit to the judge the documents necessary for the process . However, their list depends on the specific conditions of each case. At the end of the article you can find a list of the most frequently asked questions and their answers.

Where is divorce carried out if there are minor children?

According to Art. 21 of the Family Code (FC) of the Russian Federation, divorce in the presence of minor children in most cases must occur through the court.

• Divorce cases are subject to jurisdiction magistrate's court, If:
  • the spouses agreed on the place of residence of the children and the procedure for communicating with them;
  • Along with the divorce, it is necessary to consider the issue of paying alimony;
  • joint property is not divided, or its value does not exceed 50,000 rubles.
• If there is a dispute about children, paternity, maternity, deprivation or limitation of parental rights, or the recognition of a marriage as invalid, which must be resolved during the divorce process, and not after it, it is necessary to begin legal proceedings in the district court .

Divorce through the registry office if there are common minor children

According to Part 2 of Art. 19 of the RF IC, a divorce can be unilaterally obtained from the civil registry office even if there are common children under 18 years of age, in the following cases:

• the second spouse has gone missing (in this case, a corresponding court decision is required);
• the ex-husband (or wife) has been declared legally incompetent;
• one of the spouses is serving a sentence of more than 3 years in prison.

Also, a husband and wife can divorce through the registry office if the child is not common and there is no fact of adoption.

Divorce procedure in the presence of common minor children

According to Part 1 of Art. 24 of the RF IC, in the event of a divorce, parents have the right to draw up a mutual agreement on alimony, residence and maintenance of the child (Article 80 of the RF IC). If they do not do this, the issue will be decided by the court.

It is important to take into account that Family Law establishes a restriction: the father of a child under one year old cannot file a claim in court for divorce. At least until he receives the consent of his wife (Article 17 of the RF IC). A husband cannot initiate a divorce even during his wife’s pregnancy.

Divorce procedure

1. If they want to speed up the procedure as much as possible, the spouses submit a divorce petition to the magistrates' court , and controversial issues are resolved before or after the divorce.
2. The claim is registered by the court secretariat, rejected or accepted for consideration.

   If accepted, the first meeting is scheduled 30 days after filing the application (Part 2 of Article 23 of the RF IC).

3. It will be the last if the spouses see eye to eye and the court does not see the agreement (if reached) as an infringement of children’s rights.

4. Otherwise, the next meeting is scheduled (maximum in three months, see part 2 of Art. 22 RF IC). Spouses are given a period of time to weigh their decision.

5. Regardless of how long after the decision on divorce is made, it will come into force in any case. one month after acceptance. This happens in accordance with Part 2 of Art. 321 Code of Civil Procedure of the Russian Federation.

   Within another three days, an extract from it will be transferred to the registry office department that registered the marriage, already for registering the divorce.

Approximately 35 days after the court decision, each of the former spouses will be able to appear at the registry office to obtain a divorce certificate.

Required documents

• A statement of claim with the given reasons for divorce: formalized with the consent of the spouses on all issues and expanded - if one of them does not want to get a divorce.
• Original marriage certificates and passports of both parties (or one if the defendant opposes the divorce).
• Receipt of paid state duty.
• Copies of children's birth certificates.
• Depending on the region of the case and its circumstances, the judge has the right to additionally require other documents. For example, certificates about family composition.

Example. G. and O. had not lived together for several years before G. filed for divorce. In his claim, G.

asked the court to give him the eight-year-old daughter he shares with O. to raise. He motivated his desire with a stable income. He also managed to prove the fact that O. handed over her daughter to be raised by her mother, does not take proper measures for the care and development of the child, and suffers from alcoholism (there is a certificate from a drug dispensary).

Taking care of the girl's interests, the court determined that after the divorce it was better for her to stay with her dad.

If there is a child, the shortest period that must pass from filing an application for divorce to the moment of dissolution of the marriage is two months .

It includes a 30-day period from filing a claim to the date of the first court hearing (Part 2 of Article 23 of the RF IC). If a decision on divorce is made at it, it will come into force after 30 days (according to Part 2 of Art.

321 Code of Civil Procedure of the Russian Federation). After this, the marriage will end.

• Answer a few simple questions and get a selection of site materials for your case ↙

• The concluded parental agreement on the residence of the child will be another argument in favor of a speedy consideration by the court of the issue of divorce.
• If one of the child’s parents does not want or is not able to come to the registry office and submit an application, but is not formally against a divorce, this option will also be considered a divorce by mutual consent. It will be held in court according to an accelerated procedure (part 1 of article 23, part 2 of article 21 of the RF IC).
• The inclusion of property disputes in the statement of claim for divorce, as well as the refusal of one spouse to divorce the other, will prolong the divorce procedure. In the first case, due to proceedings regarding the division of property, in the second, due to the court’s attempts to preserve the marriage union, providing time for reflection (Part 2 of Article 22 of the RF IC).

Within a month after filing, the spouse has the right to withdraw the statement of claim.

Moment of divorce

If the divorce took place in court, then the day of termination of the marital relationship from the point of view of law will be considered the moment the court decision enters into force (Part 1 of Article 25 of the RF IC).

• After this moment, the legal relationship between the spouses ceases, with the exception of property (they will be relevant until the division of previously acquired common property, but not longer than 3 years), parental and some others.
• After the day when the marriage officially ends, the former spouses will not have to ask each other for consent to make transactions, and the acquired property will no longer be common.
• It is worth paying attention to an important point. You can apply for a new marriage not after the termination of the previous one, but only after receiving a divorce certificate (Part 2 of Article 25 of the RF IC) at the registry office.

Within 3 days from the date of the decision on divorce, the court will transmit the relevant information to the registry office. State registration of the divorce will be carried out automatically, without the participation of the former spouses.

However, to obtain a divorce certificate, the ex-husband and wife will need to visit the registry office in person.

They can do this either together or separately, since each party receives its own copy of the certificate.

Conclusion

• Spouses who have common minor children are allowed to divorce only in court , with the exception of certain cases.
• The minimum period from filing an application to ending the marriage is about two months .
• Divorce proceedings can be lengthy if spouses do not agree on alimony, child placement, and property division, any of which they wish to address in a divorce action.

Question answer

Question

My wife and I came to the decision to divorce by mutual consent. There are two children aged 7 and 11. There are no disputes regarding property and alimony, everything has been agreed upon. If I file a lawsuit (I am the plaintiff, she is the defendant), should I write that my wife agrees to the divorce? Or should she file a counter paper?

Answer

Submit a standard divorce petition to the court, and in the response the wife will indicate that she has no objections.

Question

We have three children - 12 years old, 4 years old and 8 months old. Can my husband file for divorce from me?

Answer

Question

My husband and I are going to get a divorce, we have a child together. My husband owns his apartment, I rent a house. Both have stable jobs. My son goes to school near the house where we live. In the event of a divorce, both my husband and I will claim custody of the child. What is the probability that the court will determine the place of residence of the son from the husband?

Answer

It is hardly possible to say with certainty what the judge will decide. My husband has his own apartment - this is a plus for him. But practice shows that most often the child is left with the mother. If your son is already 10 years old, then he will be asked who he would like to live with, and he will be able to answer consciously.

But since you have a permanent place of work, housing, do not suffer from chronic alcoholism or drug addiction, and have never been held administratively liable for failure to fulfill obligations to support and raise a child, it can be argued that, most likely, the court will leave the child with you.

How to get a divorce if you have minor children

The procedure for terminating marriage relations in 2023, if minor children are being raised in the family, remains the same.

Often such divorce proceedings are very difficult and lengthy.

In order to preserve the family from disintegration and protect the guaranteed rights and interests of children, the law establishes a judicial procedure for considering these disputes.

With the exception of some situations when a marriage can be dissolved unilaterally through the registry office (for example, if one of the spouses is incompetent or is serving a sentence in prison).

So, if a husband and wife (or one of them) decided to divorce, and disagreements arose between them regarding the place of residence of the children or the order of meetings of the separately living parent with them, the court will first of all take all possible measures to reconcile the spouses in order to the child grew up and was raised in a complete family.

If the spouses do not want to reconcile, the court, taking into account all significant factors, will determine which of the former spouses the child will live with, set the exact time of meetings, and also determine the amount and procedure for paying alimony for his maintenance.

How to file a divorce if you have children

According to paragraph 1 of Art. 21 of the Family Code of the Russian Federation, if spouses have common minor children, the marriage between them is dissolved in court .

In exceptional cases provided for in Article 20 of the Family Code, even if the spouses have minor children, it is possible to terminate family relationships by submitting a unilateral application to the civil registry . Thus, the law allows one of the spouses to file an application for termination of marriage with the registry office if the other spouse:

• declared missing in court;
• incompetent (this fact is established by a court decision);
• is serving a sentence for committing a crime with a prison term of more than 3 years.

After 30 days from the date of filing the said application, the civil registry office will dissolve the marriage and issue a certificate of its dissolution. In this case, the marriage is terminated when an appropriate entry is made in the civil registration book.

It is also worth noting that the law prohibits a husband from filing for divorce during his wife’s pregnancy and before the child turns 1 year old . In such cases, the marriage union can be dissolved if the wife initiates the divorce.

If there are no grounds for divorce in the registry office, the issue will only be resolved in court . The marriage is considered dissolved after the court decision enters into legal force .

Based on the court decision, former spouses should contact the registry office to provide a certificate of dissolution of the marriage union and make changes to the information about marital status in their passports. There are no time limits for such treatment established by law.

Where to file for divorce

When registering the termination of a marriage at the registry office, the application is submitted:

• at the applicant's place of residence;
• at the place of marriage.

You can contact the registry office in one of the following ways:

• personally;
• through the MFC;
• through the State Services portal.

When submitting an application unilaterally, the applicant must pay a state fee in the amount of 350 rubles .

In the event that there are no grounds for filing an application for divorce with the registry office, it is necessary to determine which court you should apply to. This can be done by using the rules of jurisdiction (determining the court in a certain territory in which to file a claim) and jurisdiction (determining the judicial body that will consider the dispute), which are discussed below.

• If the husband and wife do not have a dispute about the children , then the case is heard by a magistrate .
• If there is a dispute about children (disagreements about the place of residence, about the procedure for communication), then the case is heard only in the district court .

Once the judicial authority to which the appeal should be made has been determined, it is necessary to establish a specific court on a territorial basis.

As a general rule, a claim for divorce between spouses who have common minor children is filed with the court at the defendant’s place of residence.

It is important to know that the courts interpret the law so that the citizen’s place of residence coincides with the place of registration. Those. the actual residence (permanent or temporary) of a person is determined by his registration at the specified address; in other words, he must be “registered” there.

In some cases, one spouse has the right to choose the court in which to file for divorce at their discretion. Thus, the plaintiff can bring a claim to the court at his place of residence in cases where:

• the claim also contains a request for alimony;
• children under 18 years of age live with him;
• Due to health reasons, it is difficult for the plaintiff to travel to the defendant’s place of residence.

There are situations when the plaintiff does not know where exactly the spouse currently lives, or he is a foreigner. In such cases, the application is allowed to be sent to the court at the location of the defendant’s property or at his last known place of residence in our country.

If the claim for divorce contains a requirement for the division of real estate , the application is submitted exclusively at its location.

But it should be taken into account that there is a legal position according to which the court, upon divorce, at the request of the spouses or one of them, must divide jointly acquired property, including real estate, regardless of their location, i.e. according to the general rules of jurisdiction.

Documents for divorce in the presence of minor children

The package of required documents will differ depending on where you apply for divorce. So, let's look at this issue in more detail.

If there are circumstances established by law, when applying to the registry office for divorce, you must submit the following documents :

• application for unilateral divorce;
• applicant's passport;
• marriage certificate;
• receipt of payment of state duty;
• court decision/sentence declaring a spouse missing, legally incompetent, or sentenced to imprisonment for at least 3 years (copy);
• power of attorney (for the guardian of the incapacitated spouse).

The standard application form for divorce can be found on the official website of the civil registry office.

When applying to a magistrate with a request to dissolve a marriage, the following documents must be attached to the statement of claim:

• its copies (for all persons participating in the case);
• marriage certificate (original and copy);
• birth certificate of the child/children (2 copies);
• documents confirming the income of the husband and wife (in case of collection of alimony);
• power of attorney of the representative, certified by a notary (if available);
• documents confirming the availability and value of jointly acquired property (in case of its division);
• document confirming payment of the state duty.

To dissolve a marriage in the district court, you must prepare the following documents:

• the statement of claim and its copies according to the number of parties involved in the case;
• birth certificate of the child/children (2 copies);
• marriage certificate (original and copy);
• documents confirming the availability and value of jointly acquired property (if there is a requirement for its division).
• certificates of income of spouses;
• receipt of payment of state duty.

In addition, spouses can present to the court an agreement reached on the procedure for maintaining and raising children , certified by a notary.

If there is no agreement, or the agreement violates the interests of the children, be prepared to submit, at the request of the court, other documents to resolve this issue in court (for example, characteristics of the parents, documents confirming the financial and marital status of each parent).

The procedure for divorce through court with children

The procedure for divorce in the presence of minor children through the court lasts at least a month from the date of filing the application for divorce and consists of several stages .

1. Preparation and submission of a statement of claim to the court. Once you have determined which court you should go to for a divorce, you need to write a statement of claim. A sample application and a list of required documents can be found in court or on its official website in the “Samples of Applications” section. You can also use the services of a lawyer to competently draw up a claim. It is worth noting that for these categories of cases, in the claim, in addition to the information provided by law, it is necessary to indicate the following:
   • data of both spouses and their minor children;
   • reasons for ending a marriage;
   • information about an agreement between husband and wife on the maintenance and upbringing of a child, or an indication of the absence of such an agreement;
   • information about jointly acquired property (when making demands for its division).

   You can file a claim in several ways to choose from: through the court office, or by sending it by registered mail with acknowledgment of receipt. If there are no grounds for refusing to accept the claim, returning it or transferring it to eliminate its shortcomings, the court, within 5 days , accepts the application for proceedings and initiates a divorce case.

2. Preparing the case for trial. At this stage, the court, if one of the spouses does not agree to divorce, takes measures to preserve the family, setting a period of up to 3 months for this.

   For example, in a review of judicial practice in cases of divorce in the court district of the Orenburg region, the following statistics are given: for 9 months of 2018, the magistrate considered 26 cases of divorce, of which 9 cases were closed due to the reconciliation of the spouses, thus, it was possible to save 9 families with minor children.

   In addition, the court requests the missing documents from the parties and decides to involve third parties in the case (for example, guardianship authorities in order to take their opinion into account when deciding the issue of the child’s place of residence).

3. Trial. At this stage, the court examines the agreement on children submitted by the spouses. In the event that this agreement violates the interests of the children or one of the spouses, or an agreement is not reached, the court, at its discretion, determines with whom their common children will live (taking into account the opinion of children who are already 10 years old), obliges them to pay alimony . And also, at the request of the spouses (one of them), the division of joint property is carried out.
4. The court's decision. The court makes a decision on divorce if:
   • both spouses who have common minor children agree to divorce;
   • measures to preserve the family did not influence the decision of the spouses (one of them) to divorce;
   • the defendant deliberately fails to appear at the court hearing (as practice shows, three failures to appear are enough to make a decision in absentia on divorce).

   The court decision comes into force within 30 days from the moment the decision is made in final form, after which, within 3 days, the court sends an extract from it to the registry office at the place of marriage.

State duty for divorce in court in 2023

For several years now, information has appeared in the media about a possible increase in the state fee for registering divorce to 30 thousand rubles .

This initiative belongs to the Prime Minister of our country D.A. Medvedev and aims to reduce the number of divorces.

Since it is assumed that such an impressive amount of duty will serve as a deterrent when deciding on divorce.

So, if you go to court asking for a divorce, you must pay a fee of 600 rubles. A receipt for payment of the fee can be obtained from the office of the court in which the claim is filed. In addition, information about payment details can be found independently on the official website of the relevant court in the “Reference Information” section.

Applicants often have the question of how much to pay the state fee if in addition to a request for divorce, the claim contains a demand for the collection of alimony for the maintenance of children (including for the applicant), and also resolves the issue of dividing the common property of the spouses .

• In the first case, the state duty will also be 600 rubles. In addition, when making a decision to collect alimony, the court charges the defendant a state fee in the amount of 150 rubles. ( 300 rubles , if alimony is also collected from the plaintiff), from which the plaintiff is exempt.
• If the subject of the claim combines a request for divorce and division of joint property, simultaneous payment subject to:
  • fee for termination of marriage (600 rubles);
  • state duty, calculated according to the rules of the Tax Code (clause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation), based on the total value of the divided property, but not less than 400 rubles. and no more than 60,000 rubles.

  Example. Citizen V. filed a claim in court for a divorce from citizen V., the recovery of alimony from him for the maintenance of their minor daughter and the division of common property. According to the presented inventory of property, its estimated value was 132 thousand rubles. The plaintiff paid a state fee in the amount of 4,440 rubles, the amount of which was calculated as follows: 600 rubles. (for divorce) + 3840 rub. (3,200 rubles (mandatory amount if the claim price is from 100,001 rubles) + 640 rubles (2% of the amount exceeding 100,000 rubles). The plaintiff is exempt from paying the state duty for the claim for alimony.

The law provides benefits to disabled people of groups I and II, exempting this category of plaintiffs from paying state fees.

For the issuance of a certificate of divorce , which is issued by the Civil Registry Office on the basis of a court decision, each of the former spouses must pay a state fee in the amount of 650 rubles .

, payment is made according to the details of the registry office to which you are applying. From January 1, 2017, when submitting an application through State Services and transferring the amount of the state fee by bank transfer, there is a 30% discount on it, so the state fee will be 455 rubles .

This discount is valid until January 1, 2021 (Article 4 of Federal Law No. 424-FZ dated November 27, 2018).