A marriage can be dissolved by administrative or judicial means; divorce in court is certainly a longer and more complicated procedure, as well as a more costly procedure, but cannot be avoided in certain cases.
Grounds for recourse to the courts
As of 2023, the Family Code of the Russian Federation provides the following grounds for divorce through a court.
In addition, divorce is required in cases where a party does not object to divorce, but♪ Hey, hey, hey ♪ ♪ hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey.This may be expressed by the fact that it does not file an application with the civil registry or by the civil registry office for the registration of divorce.
In cases where the parties to a marriage are found by a court order to be incompetent or absent, and if they are convicted of a crime with a prison sentence of more than 3 years, the divorce shall be carried out through the civil registry authorities.
In which court did the marriage be dissolved?
In order to get a divorce through court in 2023, it is necessary to apply:
- to a justice of the peace if it is simply a request for divorce;
- To the district (city) court, if at the same time the division of property is requested, and the value of the claim is more than 50,000 roubles;
- To the district (city) court if there is a dispute about the children (the deprivation of parental rights of one of the parents, the determination of their place of residence, etc.).
Judicial practice shows that most divorce proceedings are ongoing.District courts, since the price of the claim is in very rare cases below the specified limit.
It was also important to determine which entity of the Russian Federation should be brought before the court.the defendant ' s place of residenceIn their place of residence, only applicants with minor children, or those who are sick and physically unable to travel, for example, to another district or town, may apply.
If the defendant ' s place of residence is unknown, the applicant must apply to the last known place of residence.
Necessary documents
The principal document to be filed for divorce before a court is a statement of claim, which must be drawn up.in triplicate(for the plaintiff, for the defendant and for the judicial authority), among others, documents must be prepared through the court for divorce, such as:
- Original marriage certificate;
- A copy of the plaintiff ' s passport;
- A copy of the birth certificate of the child(s);
- An extract from the home book of the defendant, the plaintiff or both;
- A document confirming the payment of the State duty (which in 2023 is600 rubles);
- List of documents attached to the claim.
If there are property claims, the list should be accompanied by additional proofs of the spouse ' s income, as well as an inventory of what has been acquired jointly and is subject to a division.
Statement of claim
In a suit that is desirable under the guidance of an experienced lawyer,necessaryIndicate the following:
- The name of the court or magistrate of a particular precinct to which the application is lodged;
- The plaintiff ' s name, place of residence;
- The name and address of the representative, if involved in the case;
- The defendant ' s name, his place of residence;
- The reasons why it is not possible for the claimant to retain the marriage;
- The circumstances by which the claimant substantiates its claim, as well as the evidence supporting the circumstances;
- The fact that divorce through the civil registry is not possible;
- List of documents attached to the application.
Alsoimportant.Please specify in the document:
- Place and time of registration of marriage;
- The existence of common children and their age;
- The existence (or absence) of an agreement on the upbringing and maintenance of children;
- The reasons for the dissolution of the marriage without mutual consent;
- Other requirements to be considered at the same time as a divorce claim;
- Other information that may be relevant in the examination of the merits.
In order to prepare this document on your own, please use the example of the divorce claim set out below; you can not only view it but also download it here.
Issues resolved by the court at the time of decision-making
The main question that the court must answer is whether it is possible to keep the family together.
To that end, action could be takenMeasures for reconciliation of the partieswhich consists in the appointment of an appropriate period of time for the consideration of a divorce decision.
If, even after that period (which may last up to three months), the husband and wife do not change their decision, the judge is obliged to terminate the union and the order is issued.
In response to the contentious questions, the judgeDetermines:
- Which parent should the minor children live with;
- Who and in what amount will be required to pay child support;
- How the joint property will be divided;
- Whether one party should contain the other and to what extent the corresponding amounts should be paid.
A judge may decide to separate the claim for division of property if the interests of third parties are affected by his or her authorization.
Procedures and timing of divorce proceedings
The procedure is long enough. Once a case has been filed, it will have to wait until the case is fixed and considered on the merits (the court will not rule on the case within one month of the filing of the case) – usuallyThe meeting is held in one month ' s time.After the application has been filed.
If the court makes a decision that the plaintiff disagrees with,for a further 1 monthThis decision is subject to appeal.
When the marriage is dissolved through the court and the decision is not appealed, it will become enforceable, after which the registry authorities issue a divorce certificate.
In order to obtain this document, you should apply to the civil registry authorities for divorce by court order, using the form available for viewing and downloading.
The parties have the right to enter into a settlement agreement on how to resolve their property disputes in the event of a divorce by a court.
Procedure and procedure for divorce in the case of minor children
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The dissolution of marriage is always a painful process, which involves not only constant disputes over the further distribution of property, but also the need to take care of children's interests. Consider the basic rules of this procedure.
Article 18 of the Family Code provides for two possible ways of divorce:
- By resorting to the courts;
- through the civil registry
Of course, divorce using the second option is easier and faster, but the freedom to choose where the former couple does not have a choice is clear by law as to what criteria exist for recourse to an organ.
The rules for divorce in the case of children are clear: divorce in the civil registry is not possible in the case of children.
The exception is only the recognition of one of the spouses as incompetent or missing, as well as a conviction for a real prison term of three years or more – in these cases, the civil registry will break up the marriage without difficulty even if the children are present.
Divorce with a child under 3 years of age
If the child is under the age of majority, the husband will not be able to unilaterally initiate divorce proceedings.
The same rule applies to the period of pregnancy of the wife and even divorce after the birth of the child in cases where the child was born dead or died within the first year of life; this restriction on the husband ' s rights clearly shows that the law is on the mother ' s side, regardless of the reasons for the dissolution of the marriage.
The only significant feature for a husband who has decided to divorce if the child is under three years of age is the nature of maintenance obligations: until the child reaches the age of three, the woman has the right to stay on parental leave and is unable to work; therefore, the financial burden of child and spouse maintenance falls on her husband.
Divorce with two or more minor children
Two or more minor children who have reached the age of 10 may express conflicting views as to who they want to live with.
If the court were to conclude that such an arrangement would not violate the interests of minors, a decision could be taken and the children would be separated.
In such a case, maintenance obligations will be imposed on each parent, based on the number of young children left with each of them.
In parallel with the divorce of two or more children, the complainant often requests the recovery of child maintenance, but this is not necessarily a matter for the court. Article 80 of the Family Code refers to the right of parents to enter into an agreement that will determine the manner and amount of child maintenance.
Although the parents themselves determine the amount of maintenance, it cannot be lower than the restrictions contained in article 81 of the Code of Criminal Procedure:
- If there are two children, the spouse must pay at least one third of his/her monthly earnings;
- If three or more are at least half the income.
An example is that when a divorce takes place with three children, two of whom stay with the mother, and one of the children stay with the father, one third of the monthly income will be recovered from the father in favour of the children remaining with the mother, and one third of the monthly income will be recovered from the mother in favour of the child remaining with the father.
What do you need to do?
The main purpose of the judicial order is to protect the interests of children.
If the couple has a minor child, even the mutual consent of the parties to the dissolution of the marriage does not relieve the need to resolve the matter through a court of law.
The task of the judicial authority in the process of divorce of the child is to ensure that agreement on their upbringing has been reached and that no children will be deprived of their rights in the future as a result of their parents ' hostile relationship with each other.
The procedure is initiated by one of the spouses who makes the divorce application, and you should prepare two copies of the application, as one of them will be sent by the court to the defendant.
You can file a claim on your own, but due to the complexity of the dispute, there may be a number of legal problems that can only be resolved by an experienced lawyer.
We'll definitely help you and solve your problems without your involvement, so don't waste your time, call +7 (495) 722-99-33.
Where should we apply for divorce if there are children?
1.In a justice of the peace without disputes over children, a justice of the peace may divorce a marriage only if the parents have reached a compromise on the matter of subsequent communication with the child, the place of his or her further residence.
2.If the spouses do not agree on who the child will remain and how the couple will communicate with him after the divorce, they need to apply to the district court.
An application for divorce through a court with the children shall in all cases be filed at the place of the defendant ' s residence, but if, as an applicant, you cannot appear before the court in the defendant ' s territory or your children live with you, you may file an application at your place of residence.
How much is a divorce?
The application for dissolution of the marriage shall be subject to a State-provided fee of 600 roubles, which shall be paid in accordance with the requirements specified in the court; additional requirements for determining the child ' s place of residence shall not be subject to a duty.
Application for divorce of children
An action for divorce in the event of a child ' s child ' s condition states:
- Name of the vessel and its address;
- Name (FIO) and place of residence of spouses, contact details;
- A description of the problem — the date of marriage, the reasons for divorce, the justification for leaving the children with the plaintiff or, on the contrary, the abandonment of the children with the second parent;
- Requirements;
- List of annexes, date, signature.
The plaintiff must indicate not only who he wishes to leave the child with, but also the right to request a limit on the number of visits and their time of the second parent, as well as a strict framework for his participation in the upbringing process.
Documents for divorce of children
As you have already understood, all documents must be brought before a court of law.
- Statement of claim;
- A copy of the passport, which must also be presented at the time of delivery;
- A copy of the birth certificate;
- A copy of the marriage certificate;
- Other documents that can confirm the facts to which you refer in your application: certificates (income, place of residence), characteristics, and references to witnesses.
- The judge would first find out whether the plaintiff ' s children ' s claims had changed and whether there had been a child agreement between the contending spouses.
- The parties to the dispute have the right to agree at any time before or during the proceedings for divorce with the children on who the child will remain and how the second parent will communicate with him or her.
- If such an agreement is not reached, the judge shall find out:
- Material status of the parties and conditions for the life and upbringing of the child;
- Treatment of the child during marriage and the absence of abuse of his or her rights;
- The characteristics of each parent: characteristics and certificates of work, residence, administrative and criminal responsibility;
- The views of the child are 10 years of age and over.
Little children don't understand the complex world of adults.
The main issues to be resolved by the court during the dissolution of the marriage are:
- Which parent will remain with the minor;
- How often and in what order the second parent and child will meet.
If necessary (in the event of an acute conflict, for example), the court has the right to write down the order of visits literally by hour.
How many hours or days a week/month; whose territory; with which other relatives, etc., this court decides in the course of the trial.
The trial, conditionally, can be divided into the following stages:
1. Introductory: composition of the court, rights and obligations of the parties, etc.;
2. Clarification of the plaintiff ' s and the defendant ' s positions (the plaintiff simply reads out the claim or makes a brief statement that he supports his claims);
3. Main stage of the process: submission of additional evidence by the parties, witness interviews, court debate.
4. Removal of the court to a deliberative room and delivery of the decision.
Agreement on children after divorce
The spouses have the right, upon divorce, to conclude an agreement on the procedure for communication with the children, which is different from the court ' s decision; this agreement is best certified notarized and must be agreed with the guardianship and guardianship authorities in order to avoid any further claims.
Determination of the child ' s place of residence
Most often, the court takes the mother ' s side, especially when the child is still young, and the case law is clear: on average, 8 out of 10 cases are decided in favour of the mother.
At school age, especially after 10 years, the most problematic situation is that both parents have positive characteristics and favourable living and upbringing conditions, both of which insist on leaving the child with them before the courts.
In this case, the court takes into account all possible factors, ranging from the child ' s ability to provide self-service, to his or her attachment to each parent based on a forensic psychological examination.
For example, a child under 5 to 6 years of age; a disabled child requiring care; "will definitely be left with the mother unless her behaviour and attitude towards the minor is deemed to be harmful, and the older children may well be left with the father.
The child ' s family name does not change in divorce and remains the same; the plaintiff has the right to raise the matter in the divorce proceedings or after, including in cases of deprivation of the parental rights of the second parent or in the event of a challenge to the child ' s paternity; the consent of both parents is required to change the child ' s family name.
What do we do after the trial?
After the dissolution of the marriage, the court decision is enforceable with respect to the issue of children, both voluntarily and by force.
- In voluntary — the spouses do not prevent the child from living with the parent with whom the court has determined and who follows the established procedure of communication with the minor;
- The enforcement of the decision is carried out with the involvement of the OFSP and the guardianship authorities entitled to take part in the "transfer" of the child by one parent to the other in order to avoid conflicts and obstacles; for failure to comply with a court decision, the misbehavioring parent may be fined.
In order to enforce the decision, it is necessary to obtain an executive notice from the court and to hand it over to the bailiffs for execution.
Periods of divorce in case of children
The specific time frame and procedure depends on whether one of the spouses opposes the divorce process; at least one month will take the divorce procedure if the children are present, if both spouses knowingly divorce, and the court will not find out the reasons for the divorce, but it will take another month for the decision to enter into force.
If one party disagrees, the court may set a time limit for reconciliation within three months.
Arguments about children may further delay the hearing, as the court now needs to find out the child's attachment to each parent and, if the child is 10 years old, to find out his or her opinion directly in court.
Representatives of the guardianship and guardianship authority are involved in the case, and sometimes an expert examination is required to obtain a psychologist ' s opinion.
The most effective way to resolve the process
- If the divorce procedure had previously assumed that you were on your own, collecting inquiries, and wasting much of your time, that would not be necessary now.
- A special programme entitled "Labour through a court without the presence of a spouse" at the Legal Research Centre and the "Plan of Law" Bar Association is designed specifically for those who want to resolve divorce issues and do not waste an extra minute.
- With the help of the program, you will not only be able to break up a marriage, but will also be able to:
- Establish the paternity of children (or challenge it);
- Retrieve, increase or reduce alimony;
- To declare the marriage null and void (fake);
- To decide on the deprivation of parental rights;
- To draw up a valid marriage contract, which will be your defence counsel in the event of divorce;
- Segregate jointly acquired property;
- Resolve disputes about children (residence, communication).
Lawyers with 10 years of experience will thoroughly study your situation, receive and process all documents without your presence, and if necessary, we will request duplicates of all the necessary documents from official sources, including those inaccessible to ordinary citizens.
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Divorce in the case of minor children
Last update February 2023
Even mutual consent to divorce does not make the procedure formal; divorce when a minor child is present almost always takes place in court, since, in addition to the views of the spouses, the interests of the children must be taken into account; the court decides who the child will live with, as well as the maintenance obligations.
The divorce process is possible in two ways:
- Application to the civil registry;
- In court.
It all depends on family circumstances.
Divorce with a husband, if there are children, is done through the courts, but it is possible to do so without trial, but only if there is one such circumstance:
- The spouse is serving a sentence of more than 3 years;
- The husband or wife is declared missing;
- Officially recognized incapacity of one of their spouses (this does not apply to spouses with limited legal capacity);
- The child(s) is not common, i.e. the second spouse does not have a relationship with the minor (the child is neither natural nor adopted);
- The child reaches the age of majority at the time of divorce.
These circumstances are sufficient grounds for divorce in the civil registry, both in the case of children and in the absence of children, which precludes the possibility of living with a missing or disabled parent, and the child will not be able to receive alimony from such a parent, and thus the proceedings are meaningless.
Divorce through court
The divorce procedure provides for a clear algorithm for action:
- Preparation of documents in court;
- Treatment of the claim;
- Judicial review of the case;
- Divorce in the registry.
Preparation for divorce proceedings
Before going to court, the following questions should be addressed:
- Whether the husband/wife consents to the dissolution of the marriage;
- Who the children will live with;
- How will alimony be paid;
- the distribution of property.
In order for the divorce process to take place in a more peaceful manner, it is better civilized to resolve pressing issues with the spouse by enshrining agreements in written agreements on:
- Children;
- Maintenance (notary form required);
- the division of property (to be certified by a notary).
A copy of the marriage and children ' s documents (certification) should be found and produced:
- Marriage;
- The birth of a child;
- Adoption (if any);
Copies of the property documents of the spouses are also made if there is a dispute about the property.
The filing of a claim
Either spouse may file for divorce. First, the court must decide which court to bring the action to. Depending on how the divorced spouse evaluates the child ' s prospects of living with one of them, as well as the question of its maintenance, the case will be considered:
By a justice of the peace:
- There's an arrangement with who the baby stays with;
- There is no disagreement on common property or the total value of fissile property does not exceed 50,000 rubles.
- the question of alimony.
In the district (city) court, in all other cases, including:
- In disputes over the place of residence and the manner in which children are raised;
- There are claims for property over 50,000 roubles.
An application for divorce in the case of minor children shall be filed with the court where:
- The defendant lives;
- in the plaintiff ' s place of residence if, for reasons of health or the presence of young children, it is difficult to arrive in court (at the defendant ' s place of residence).
Documents for divorce in the case of minors are submitted to the court
| Statement of claim. Presented in two copies |
This document should contain information on:
In the application, the husband or wife shall state:
At the same time as divorce, other claims of the plaintiff may be considered in the same proceedings:
There are disputes which under no circumstances can be dealt with in a divorce case:
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| Marriage certificate | A copy is attached to the suit, the originals are presented to the judge in the proceedings. |
| Child birth certificates | — |
| Agreement on Children | — |
| Documents (certificates, statements, vouchers, statements, etc.) on the defendant ' s salary and other income | If maintenance is required |
| Maintenance agreement | — |
| Property documents, valuers ' reports | If a claim for separation of property is made |
| Debt documents | — |
| Other documents as required | — |
| Compensation for the payment of the majesty |
|
The application and the annexes shall be accepted by the court without any jerk-off (if there are no gross violations of the law (arts. 131, 132 of the Code of Civil Procedure). Documents may be delivered in person to the office or by mail.
However, if the husband claims the claim, his application will be returned (unconsidered) when:
- The wife is pregnant;
- There is a child under one year of age in the family;
- The child was born dead or dead, and not more than a year has passed since birth.
There are no such restrictions for women and they are free to file for divorce.
Trial
The procedure for divorce (the judge ' s procedure) varies in cases where:
At the first hearing, the judge shall determine whether the defendant agrees with the claim.
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The number of court hearings depends on the complexity of the case and the behaviour of the participants in the proceedings.
The main difficulties in court are related claims (e.g. property, alimony, children ' s dispute). Sometimes questions about alimony and distribution of property are singled out and dealt with separately. This may involve:
- To affect the interests of others;
For examplein the divorce proceedings, it became clear that the house and land to be divided between the spouses had been given to the husband ' s brother under a fraudulent arrangement, so before sharing the property, it was necessary to challenge the gift contract, thereby infringing the economic interests of a third person; the judge was entitled to separate the division proceedings.
- The need for activities that do not affect the overall outcome of the case (and only the individual requirement) but result in delays in reaching a decision on all other matters.
For examplein order to properly determine the fair compensation for the unequal division of property, a judicial assessment of the part of the property, which, in view of the distance and the large amount of it, will be carried out over a long period of time, is required.
The decision to dissolve the marriage
The decision on the merits of divorce is not particularly difficult for the judge, and there are three possible options:
- If both spouses agree to divorce or the plaintiff insists on his or her application, the husband and wife will be divorced.
- This happens if one of the spouses is opposed and the judge sees that the family can be preserved and the husband and wife can continue to live.
- Co-habitation;
- Maintenance of the general household;
- The existence of a single budget;
- The motive for filing a claim is to teach, scare, etc. of the other spouse;
- Temporary influence on the spouse of other persons who oppose marriage.
For example,The wife had a conflict with her husband ' s mother, and the plaintiff ' s mother, after pressure, practically forced him to file a lawsuit.
- Such a decision shall be taken by the judge when the parties have reached reconciliation during the hearing of the case, and the plaintiff shall file an application for dismissal with the court.
Who's gonna keep the baby after the divorce?
Traditionally, the court leaves minor children to live with their mother after divorce and the father pays alimony, but different circumstances need to be taken into account in order to reach a decision:
- Parents ' opinions (not all fathers are willing to leave their children far away);
- If the child is 10 or more years old, his or her opinion shall be taken into account;
- The relationship between children and parents;
- The financial status of each of the divorced spouses;
- The ability of each parent to carry out an educational process (work mode, etc.).
There is no one-size-fits-all rule for children who remain in a divorce, but the situation is dealt with on a case-by-case basis; the court decision, as well as the agreement between the divorced spouses, may specify the procedure for meeting the child of the second parent, as well as the grandparents and other relatives.
Distribution of property in divorce when there are children
As a general rule, property acquired jointly in a marital relationship is divided between the spouses; the division of property is always the longest stage in divorce; traditional property acquired is divided in half, but it is not uncommon for a single spouse to have all of it, if the other spouse does not object.
Note that not only property but also debt is shared, i.e. all loans and other debts will be paid by both spouses after divorce.
The divorce and division of property with children is complicated by the fact that the children ' s property is not divided; of course, the children ' s property must be documented; the court also takes into account the need for common family property for the child ' s normal life; for example, a specially equipped car for a disabled child will be delivered to the person with whom the child remains.
A family property-sharing agreement may be voluntary – in which case it must be drafted and certified by a notary before trial and then attached to the divorce application.
Registration of divorce
The divorce decision shall take effect within one month of its issuance, during which time one of the spouses may appeal against it; if so, the decision shall take effect from the date of its approval before the second (appellate) instance.
Since the entry into force of the decision, a marriage is considered to have been dissolved.
The court sends a statement to the civil registry within three days, but this does not mean that the case is over. To obtain a divorce certificate, the court must apply to the civil registry for the registration of divorce, and the ex-husband/wife can apply separately.
- Statement of Form No. 10 (although the law allows for a simple oral declaration of intent);
- The government bill is 650 rubles.
- An extract from the decision of the court;
- The applicant ' s passport indicates the dissolution of the marriage.
After this procedure, it can be said that the divorce has been completed.
Application for divorce if there are children
If you do not know how to draw up a divorce application for children, the samples in force in 2023 are presented below.
Model No. 1 No agreement on child and alimony
Justice of the Peace
Precinct No. 1 in Moscow
Claimant: Soloveva Anna Sergeievna
Address: Moscow, Mira Street, D1, square 1
Tel: +7915111111
Defendant: Soloviev Ivan Petrović
Address: Moscow, Mira Street, D.1, square 1
- Tel: +79152222222
- EXPLANATORY STATEMENT
on the dissolution of marriage
Child Divorce Documents — A Full List in 2018
If parents with minor children decide to terminate an existing marriage, one of the most pressing issues for them will be "what documents are to be collected" and "what is the procedure for submitting them".
In the absence of children, your application for divorce may be considered by the civil registry authorities on a monthly basis, with no particular delay, under the mutual agreement of the parties.
At the same time, the State does not directly intervene in determining the reasons that led the spouses to divorce, but only on the basis of precautionary rules, i.e. it makes it possible to understand the intention and change it if it is possible to do so.
List of documents for divorce
The extent to which you are able to prepare a claim and produce a package of documents will determine the speed at which a marriage can be dissolved if there are children.
It is as simple as possible to resolve such dissolution of marriage if the children are present, but there are no conflicts over the distribution of property assets.
So, you're ready to collect the documentation for filing with the court.
- Original certificate of marriage.
- An application for divorce in a strict form (a model can be downloaded by reference) with a concise justification for the reasons for the divorce.
- Copies of birth certificates certified by the notary.
- An extract (certificate) from the home book of either the claimant or the defendant (based on the fact that the place of residence is the subject of the claim).
- A receipt confirming payment of the necessary State duty.
- Financial information on the claimant ' s earnings if a claim for maintenance has been filed at the same time.
Additional information for claim
The following information, as required by article 131 of the Criminal Code of the Russian Federation, should be included in the statement of claim itself:
- The claimant ' s name and contact details, the same with regard to the defendant;
- The name of the judicial authority to which the documentation for the termination of the marriage is submitted;
- The reasons given for preventing the continuation of the marriage;
- Evidence and reasoning of such claims on the part of the claimant;
- List of the attached documentation.
Other procedural nuances
- The general requirements for a reasoned application for divorce of a spouse with a child have been outlined above.
- In order to provide the court with information to the maximum extent, it should further reflect the existence of minor common children, indicating their age, date and place of registration of marriage, the existence of arrangements for the maintenance, upbringing and residence of children, and other relevant information.
- Additional documents may be requested by the court in individual courts on the basis of the complexity of the case.
However, it may be brought and examined by a judicial authority attached to the complainant ' s home in cases where minor children are living with him or, if the complainant is unable to reach the defendant ' s district court due to health problems.
However, the spouses should bear in mind that the court will necessarily set the so-called "thinking period".
If the parents decide to keep the family, they can file a counter-claim; even if they fail to appear before the courts on both sides, the case will automatically be dismissed.
List of divorce documents
Divorce documents
DivorceAccording to the laws adopted in the Russian Family Code, the dissolution of marriage is performed by the civil registry authorities, otherwise through judicial proceedings, depending on the presence of children or the wishes of the spouses.
It must be understood that the article describes the most basic situations and does not take into account a number of technical points.
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List of documents for divorce through court
Judicial divorceis the case where the wife or spouse is not ready for the dissolution of the marriage, or when the couple is raising children under the age of 18, then the applicant is called the plaintiff and the other party is the defendant.
The first provides the court with a list of documents and the reasons for divorce, and if the couple does not reach consensus, the marriage is terminated and a divorce certificate is issued.
The Court, in turn, may provide a conciliation period of up to three months.
Divorce proceedings have nothing to do withnull and void marriageA marriage entered into with an offence under the law shall be declared null and void.
Legal documents for divorce, in accordance with the laws of the Code of Procedure of the Russian Federation, are made available to the court and the plaintiff:
- The plaintiff ' s statements and a copy of the statement given to the defendant can be viewed and downloaded here: [model of the application];
- State tax cheque, public service (the cost of divorce fees through court in 2017)1,250 roubles);
- The original of the marriage certificate;
- The residence documents of the spouses and children;
- Birth certificates if the children are under 18 years of age;
- A list of documents that indicate valid grounds for divorce (battery certificates from hospitals, treason of a couple) and their photocopies for the counterparty;
- in the case where:Application for dissolution of marriageThe plaintiff ' s counsel is required and a notary is required to have his or her credentials certified.
When the divorce is initiated by a husband whose spouse is in a situation or has a child up to the age of one year,You can't have a divorce.
Article 24 of the Family Code of the Russian Federation, in part I, states that spouses wishing to dissolve a marriage may submit to the court an agreement on the future residence of their minor children after the termination of the marriage.
In the event of the incapacity of one of the spouses, consent must be given to the provision of monetary assistance from the other party.propertyIt is also available to the court.
The procedure for the settlement of disputes over the division of property, the agreement for the child, is passed through the court; the list of divorce documents, if there is a child or a property dispute, will be as follows:
- Qualitative certificate.
- Property assessment paper.
- Expert ' s report on the value of housing in the real estate market.
- Documents relating to inheritance rights of property that is divided.
- An act of circumvention of apartment conditions.
- Reference from the place of work.
List of documents for divorce through the civil registry
The divorce process carried out by the civil registry authorities is a simplified procedure, as opposed to litigation, which documents are necessary for divorce in the civil registry, depending on certain circumstances, but above all:
- A separate or joint declaration from the spouses - Form No.8 can be viewed and downloaded here: [model application];
- Nationality passports;
- Marriage certificate;
- The tax bill (the value of divorce fees through the civil registry in 2017)650 roubles).
Once the divorce documents have been provided in the civil registry, the dissolution of the marriage shall be recorded by the State not later than thirty calendar days from the date of the application.
During this period, the spouse may withdraw his or her application, and the general application will then be subject to nullification.
The same outcome will apply in the event of the failure of one of the spouses to appear in the civil registry on the appointed date of the dissolution of the marriage.
Documents for divorce in the case of minor childrenProvides a willing parent with a divorce in the civil registry, at the place of registration:
- The birth certificate (xerocopy or original);
- The plaintiff ' s application for divorce can be viewed and downloaded here: [model application];
- If necessary, an extract from the home book.
The dissolution of a marriage without judicial intervention, without the consent of the other party, is considered to be divorce inIt's unilateral.To be carried out in the civil registry, in the following cases:
- The conviction of one of the spouses for a crime of more than three years must be accompanied by a copy of the sentence.
- The second was found to be incompetent by a court order, and a copy of the court decision on incapacity must be attached;
- The second spouse is considered missing and a document must be produced that effectively confirms the missing person ' s disappearance.
One of the applicants provides documents for divorce in Zgsa, in accordance with the legislation of the Russian Federation.
General procedure for the filing of documentation for the dissolution of the union
Divorce may take place in the court room or in the registry office, which is the list of documents and where to file them, depending on the consent of the spouses in matters relating to the division of property, the residence of their minor children (if any), which determines the length and manner of the divorce proceedings:
- Preparation of the required documents for divorce;
- Transfer of the correct application and other documents to the court or registry;
- Staying the plaintiff in the courtroom at the hearing and informing the defendant of the day of the trial.
List of laws
Model applications and forms
You will need the following sample documents:
- Divorce application form No. 8;
- Statement of claim
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