Administrative procedure for divorce

Sometimes situations arise when married couples cannot continue to coexist. In a fit of emotion, one of the spouses packs up his things and leaves the family nest. But divorce is more than just separation. In order for the divorce to become official, it must be formalized in accordance with Russian legislation. The easiest way is to contact the registry office.

Grounds for divorce through the registry office

Divorce is the termination of family relations on the initiative of the spouses (one of the spouses).

A marriage can be terminated by dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse recognized by the court as incompetent.

Clause 2 of Article 16 of the Family Code of the Russian Federation

Divorce is accompanied by legal dissolution of marriage

Only those couples who entered into a marriage in the registry office can get divorced. The grounds for divorce through the registry office are the following facts:

• filing an application from one or both spouses;
• filing an application from the guardian of the spouse who has been declared incompetent.

Many people confuse the concepts of termination of marriage and dissolution of marriage. Divorce is a divorce. For example, due to a quarrel, betrayal or termination of a de facto relationship. And the termination of a marriage is the termination of a marriage, for example, due to the death of one of the spouses.

Ekaterina Guryanova, lawyer

Video: how to get a divorce quickly, without trial

Administrative procedure for divorce

Divorce is carried out in the civil registry office, and in cases provided for in Articles 21 - 23 of this Code, in court.

Article 18 of the Family Code of the Russian Federation

Under what conditions is it possible to dissolve a marriage in the civil registry office?

Spouses who have no minor children and no disputes over jointly acquired property can apply to the registry office for a divorce. In addition, both husband and wife must be willing to dissolve the marriage bond. If there is a young child or there is no consent of one of the spouses, divorce through the registry office is impossible, except for the following cases:

• one of the spouses is declared missing by the court;
• one of the spouses is declared incompetent by the court;
• one of the spouses was sentenced to imprisonment for a term of over three years for committing a crime.

In all other cases, the couple will face trial.

Divorce occurs strictly in accordance with the Family Code of the Russian Federation

Which registry office should I contact?

Having considered their decision and prepared all the necessary documents, the spouses can submit an application to the registry office at the place of residence of any of them. In addition, federal law provides for the possibility of spouses appealing to the competent authority where the marriage was registered.

State registration of divorce is carried out by the civil registry office at the place of residence of the spouses (one of the spouses) or at the place of state registration of the marriage.

Article 32 of the Federal Law “On Acts of Civil Status”

Application for divorce by mutual consent of husband and wife

The most important document for obtaining a divorce is an application for divorce. It is drawn up in a certain form, in accordance with Russian legislation. There are only two such forms: N°8 and N°9. The eighth form is used in cases where there are no minor children and both agree to divorce. The form is filled out in the form of a table, where you just need to enter data in the appropriate columns.

An example of filling out an application by mutual consent of the spouses

The husband and wife must sign a statement confirming their consent. In addition to the date the document was drawn up, the date of divorce is indicated at the top. This is necessary so that the parties know what day to come for the divorce certificate.

In the application, you can indicate your premarital surname as your desired name after a divorce. After the divorce, on the basis of a divorce certificate, you can contact the passport office to receive a new passport with a newly assigned surname.

Application for divorce on the initiative of one spouse

The ninth form is used in cases where the divorce must take place unilaterally. The form has a separate column where you need to underline one of the reasons:

• incapacity of the spouse;
• court sentence of imprisonment;
• document recognizing the spouse as missing.

Application form No. 9 is used for unilateral divorce

What documents will be required

In addition to the application, you need to prepare additional documents:

• copies of passports (if the divorce is unilateral - the applicant’s passport);
• receipt of payment of the state fee (in 2017, the fee for divorce is 650 rubles);
• marriage registration certificate;
• basis for choosing form No. 9 (copy of the court verdict, decision to recognize incapacity, etc.);
• document on guardianship (if the interests of the incapacitated spouse are represented by a guardian);
• birth certificate of the child (if form N°9 is filled out and there is a child).

If your marriage certificate is lost, it is advisable to apply for a divorce to the registry office that handled the procedure for its conclusion. Such a department must keep an entry in the deed book. At the request of the divorcees, the registry office employee will find her.

When the marriage is dissolved, the certificate of its conclusion will be taken away, and a divorce registration document will be issued instead.

When submitting documents, spouses hand over their marriage certificates

Is it possible to file a divorce using a notarized power of attorney?

From a legal point of view, there are no obstacles to entrusting the divorce to your representative. You just don’t need to get a separate document. It is enough to put your signature on the application, certify its authenticity with a notary and make a copy of your passport. Then the documents can be submitted to the registry office by the ex-spouse along with his application or by another person.

And also, if one of the spouses cannot come to the registry office to file a divorce, but he is not against divorce, then you can draw up a notarized consent and send it by mail.

How does the divorce process take place in the registry office?

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

Clause 4 of Article 19 of the Family Code of the Russian Federation

Typically, to successfully register a divorce, you need to follow the following sequence:

• writing an application;
• preparation of other documents;
• payment of state duty;
• submission of documents to the registry office;
• obtaining a divorce certificate.

Video: you can submit an application to the registry office for a divorce online

How long does the wait take, is it possible to shorten the period?

After submitting the application you need to wait a month. Divorce will not be carried out within a shorter period of time. The minimum 30-day period is established by the Family Code of the Russian Federation. This rule gives spouses the opportunity to reconsider their decision, because often married couples break up due to rash actions.

If the spouses change their minds about getting a divorce, you just need to come and pick up the application. If none of them comes, the marriage is dissolved. After this, you can obtain a certificate of termination from the registry office.

With it, the Ministry of Internal Affairs will put a divorce stamp in your passport, and if you decide to change your last name, they will issue you a new document.

An ordinary domestic quarrel can provoke a trip to the registry office for a divorce. Sociologists conducting sociopsychological research believe that most divorces occur in couples who have lived together for less than 4 years.

The law sets a period for reconciliation - 30 days

Procedure for paying state duty

The fee can be paid:

• at the cash desk of any bank branch;
• through terminals located in bank branches;
• on the State Services portal;
• through the Internet banking system;
• at the Russian Post office.

To pay, you must prepare the details of the required registry office in advance. Important: the details must be double-checked several times.

Divorce through the registry office is the dissolution of a marriage with the subsequent issuance of a divorce certificate. In such cases, the consent of both spouses is required. If you have minor children, you will not be able to get a divorce through the registry office. In order for documents to be accepted, you need to pay a mandatory state fee. The waiting period for registering a divorce at the registry office lasts at least 30 days, and it is not possible to speed up the process.

Conditions and procedure for divorce

• Administrative divorce
• Divorce in court
• Special cases
• Features of divorce

When both spouses or either of them believe that they cannot continue living in the family, it is necessary to plan the procedure for dissolving the marriage in order to get through this emotional stage of life as quickly and inexpensively as possible.

 

In our country, people get divorced either administratively or through the courts. Each of the presented methods is used under conditions specified by law.

Administrative divorce↑

In an administrative procedure, partners are divorced at the registry office. This type of separation is the least expensive, calm and quick, but not everyone can use it. The reason for this is the conditions for divorce in the Russian Federation; citizens will be able to do this if:

1. No minor children.
2. Both partners agree.
3. There are no property or other controversial issues.

To get a divorce at the registry office, it is enough to arrive at the office of this body, write an application on behalf of both participants or each individually, attach a receipt indicating payment of the state fee, you also need to submit a marriage certificate, copies of the partners’ passports. When one of the persons divorcing cannot come to this institution on their own, then the application requesting a divorce must be notarized.

An administrative divorce is carried out in accordance with the Family Code, this will happen in exactly one month so that the spouses have a chance to reconcile.

If such a date falls on a holiday or weekend, then the divorce will take place after them, since divorce before the due date is prohibited by law, this also applies to the court.

On the specified day, the spouses arrive at the registry office, confirm their desire to divorce, sign, receive a divorce certificate and that’s it, the procedure is completed.

In addition to divorce, which requires mutual consent, the registry office can unilaterally dissolve a marriage in the following situations:

1. The husband has disappeared.
2. The spouse is declared incompetent.
3. The husband was sentenced to 3 or more years in prison.

Divorce in court↑

Anyone who cannot get a divorce in the registry office will go through this procedure in court. The conditions and procedure for divorce by court are as follows:

1. Partners are raising minors.
2. There is a property dispute.
3. Any partner is against divorce.
4. Some of those getting divorced have nothing against the divorce, but ignore the registry office.

In order for the court to hold a hearing and approve the divorce, you need to write a statement of claim, which sets out all the requirements, including the division of property, and also attaches a family agreement for the child: with whom the child will live, who pays alimony, how much he pays. It is necessary to attach to it a document indicating payment of the state duty, without which the case will not proceed.

The date of the meeting, as in the registry office, will be set in a month. The further procedure and time will directly depend on the spouses and their requirements. If both agree, the issue with the children is settled, the property is divided, then the court, without finding out the reasons for the separation, will divorce the parties.

If a serious dispute arises in the presence of minor children, where they should live, or the parties cannot agree on how to divide the property, then the process will last 4-9 months, and often it can last more than a year.

Children and division of property are two of the most painful issues that can drag out a divorce for a long time.

When one of the partners is against divorce, the Family Code recommends not to rush in this situation and offers a delay in making a decision. Therefore, the court will persistently ask what the reason was that prompted you to file for divorce. And if the judge sees the possibility of reconciliation, the meeting will be postponed for up to 3 months to give the spouses the opportunity to think.

If the pause does not bear fruit, the divorce will be approved. In such a situation, when there is no unanimity regarding divorce, if it turns out that the person who disagrees has committed an action that threatens the health of the second spouse or children, then the court will not delay - a decision will be made immediately. The same will happen if the spouse who is against separation is an alcoholic, loses money, etc.

 

If one of the partners, while verbally not against separation, ignores the court hearing (the law does not prohibit this), then the court will postpone the meeting. Usually they do this for a month, and then, perhaps, they will do the same again - the courts are never in a hurry to decide on divorce.

Therefore, if there is an opportunity not to breed, they will take advantage of it, and sometimes this is for the good. The spouses will be considered divorced when the decision made by the court comes into force, which means they will need to wait another month.

After this, no later than three days later, an extract from the decision is transferred to the registry office where the members of the former family live, and divorce certificates are issued.

Special cases↑

In addition to the well-known cases of family disintegration at the request of one or both partners, there are other grounds and procedures for divorce, namely: the death of any of the spouses, recognition of the spouse as deceased. Divorce can be obtained at the request of the guardian of a partner who has been declared incompetent. Another option is to declare an already concluded marriage invalid.

If the spouse has died, the registration of death is considered the moment of divorce. If the partner is declared dead by the court, the marriage is dissolved when the decision on this situation comes into force.

When another ex-spouse has already created a new family, the old one cannot be renewed.

Features of divorce↑

 

The country's legislation, or more precisely, the current Family Code, does not prohibit people from getting divorced, but there are cases when this will have to be delayed a little. A husband is prohibited from divorcing on his own initiative without the consent of his pregnant wife, when the family is raising a child under 3 years old, or if the child died during childbirth, he cannot divorce for a year from that moment. These restrictions are necessary because during these periods a woman is most vulnerable and very often cannot work to provide for herself and her baby.

But when she herself is the initiator or allowed her husband to write a statement, then there will be no problems from the law unless she changes her mind, which she has every right to do, as long as the process of consideration in court or a month of waiting at the registry office is ongoing and the fact of the divorce has not yet occurred.

Administrative divorce

Divorce administratively, that is, through the registry office, is mandatory to complete the divorce procedure. His ultimate goal is to acquire documents indicating that the official marriage relationship has been terminated.

In order to dissolve a marriage through the registry office, you must provide it with one of the following documents:

• Statement of mutual decision to dissolve the marriage.
• An application for unilateral divorce and a court decision recognizing the spouse as missing, incompetent, or indicating that he is in prison for a period of at least 3 years.
• A court decision on divorce has entered into force.

Regardless of the grounds for divorce, the parties must pay a state fee. Its size depends on the situation and is regulated by Article 333 of the Tax Code. Without paying the state fee, issuing documents on the official dissolution of marriage is impossible.

This term refers to the official registration of divorce in the registry office. Depending on the grounds, different divorce proceedings will be initiated.

In order for spouses to be divorced with their consent, the following conditions must be met:

• Spouses should not have common born or adopted children under the age of 18 years.
• Spouses should not have property disputes.

Only if these conditions are met is it possible to divorce under a simplified scheme. Spouses will need to provide a minimum package of documents:

• Passports.
• Marriage registration certificate.
• Statement.
• Certificate of family composition.
• Marriage agreement or property division agreement (if any).
• Receipt for payment of state duty (400 rubles each).

After submitting the application, a 30-day period for reconciliation is assigned. If the parties remain firm in their decision, after a month they can each pick up their divorce certificate from the registry office.

If neither spouse approaches the divorce procedure, it will be considered that they have reconciled, and a decision on divorce will not be made.

Unilateral divorce

• Fill out an application.
• Provide one of the following documents: a court decision recognizing the spouse as missing; incompetent; a copy of the court verdict (if the spouse is imprisoned for committing a crime for more than 3 years).
• Provide other necessary documents: passport, marriage registration certificate, certificate of family composition, receipt of payment of state duty (its amount in this case will be 200 rubles).

Documents for unilateral divorce will be ready within this or the next business day.

Unilateral dissolution of marriage does not mean dissolution of marriage without the consent of the other party. If the spouse is not declared absent, incompetent, or not in prison, then it will not be possible to get a divorce in this way. You will have to go to court.

Divorce in accordance with a court decision

If the applicant applies for a court decision to terminate the marital relationship, then he must additionally submit the following documents:

• Statement.
• Passport.
• Marriage registration certificate.
• A receipt for payment of the state duty (its amount will be 400 rubles).

Divorce, if there is a court decision, also occurs during this or the next working day. In this case, the second spouse is notified by the registry office that he has begun the divorce procedure within three days.

If there is a court decision, the consent or disagreement of the other party to divorce does not matter.

End of marriage

The marriage is considered dissolved from the moment one of the spouses receives the relevant certificate. In this case, the spouses are assigned the surnames that were indicated in the application.

If there is a court decision or a unilateral divorce occurs, the registry office prepares documents within one day. If the application was submitted by spouses by mutual consent, then the law gives them a month for reconciliation.

If after a divorce the surname was changed, then with the received document the person must first contact the migration service to obtain a new passport. Then all other documents are changed to the new surname.

Divorce procedure step by step instructions

• The law provides for two procedures for divorce;
• 1) Administrative (in the registry office)
• 2) Judicial
• Divorce administratively (in the civil registry office) is possible if:
• B. Divorce at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out at the civil registry office, if the other spouse:

A.

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

• declared missing by the court;
• declared incompetent by the court;
• convicted of committing a crime to imprisonment for a term of over three years.

To dissolve a marriage, you must submit an application for divorce through the registry office.

Depending on the situation, the following documents must be attached to the application;

• A court decision recognizing the other spouse as missing, incompetent, or a court verdict convicting him to imprisonment for a term of over 3 years.
• Identity document.
• Marriage certificate.
• State payment receipt. duties.

In accordance with paragraph 3 of Art. 19 of the RF IC (Divorce and issuance of a divorce certificate are carried out by the civil registry office after a month has passed from the date of filing the application for divorce.)

Divorce in court

Dissolution of marriage (divorce) occurs in court in the following cases.

1. If spouses have common minor children, except for the cases provided for in paragraph 2 of Art. 19 RF IC.
2. One of the spouses, despite his lack of objections, avoids dissolving the marriage in the registry office.
3. In the absence of consent of one of the spouses to divorce.

If one of the spouses does not give his consent to the divorce in court, then the court, in accordance with paragraph 2 of Art. 22 of the RF IC, the court has the right to take measures to reconcile the spouses and has the right to postpone the hearing of the case, assigning the spouses a period for reconciliation within three months.

To dissolve a marriage through the court, you need to draw up a statement of claim to the court in which you need to indicate;

1. Passport details of the plaintiff and defendant.
2. Marriage certificate details (number, series and date of issue)
3. The grounds on which you are asking for a divorce.

The following documents must be attached to the statement of claim;

1. Original marriage certificate.
2. A copy of the child’s birth certificate (if there are minor children).
3. Original paid state duties.

It is important to know that in accordance with Art. 17 of the RF IC (The husband does not have the right, without the consent of his wife, to initiate proceedings for divorce during the wife’s pregnancy and within a year after the birth of the child.)

A marriage dissolved in court is considered dissolved from the day the court decision enters into legal force (Clause 1 of Article 25 of the RF IC)

1. It is important to know that a marriage dissolved in court is subject to state registration in the manner established for state registration of civil status acts.
2. The court is obliged, within three days from the date of entry into legal force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of the marriage.
3. Remember, spouses do not have the right to enter into a new marriage until they receive a certificate of divorce from the civil registry office at the place of residence of any of them or at the place of state registration of the marriage.

• Drawing up a statement of claim from – 3,000 rubles.
• Representation of interests in court from – 15,000 rubles.

Administrative termination of marriage

A marriage can be terminated on the following grounds:

• death of one of the spouses;
• divorce at the request of one of the spouses;
• divorce at the request of both spouses.

Divorce, as well as its registration, is carried out by government agencies.

If the spouses dissolve the marriage by mutual consent and they do not have common children under 18 years of age, the marriage can be dissolved by their joint application to the registry office (administrative procedure for dissolution).

If one of the spouses has a minor child from a previous marriage, this is not an obstacle to the administrative procedure for divorce. 

To dissolve the marriage in this case, the spouses need to come to the registry office and write a joint statement (clause 2 of article 33 of the Civil Status Act). Submitting an application is subject to a state fee of 200 rubles. from each spouse.

If one of the spouses for some reason cannot appear in person at the registry office, the law provides for the possibility of notarization of his signature on the application. Divorce through a representative, by proxy, is not allowed.

The text of the application, in addition to the formal details establishing the identities of the spouses and the fact of their marriage, indicates what surnames each spouse chooses upon divorce. Each spouse can revert to their premarital surname without the consent of the other spouse.

The law does not require the reasons for divorce to be indicated in the application.

After filing an application, the law (Article 19 of the Family Code) gives the spouses time for reconciliation - one month. After the expiration of this period (it cannot be shortened), the spouses must again appear at the registry office, where an entry will be made in the civil register about the divorce and the spouses will be issued a corresponding certificate.

Civil registry offices do not have the right to consider disputes between spouses

• About the division of property.
• On payment of maintenance to a needy disabled spouse.

All disputes are resolved in court, regardless of the divorce by the civil registry office. To do this, one of the spouses can file a claim in court within three years after the divorce. The presence of such disputes does not interfere with the administrative procedure for divorce.

Divorce by application

A marriage can also be dissolved administratively by the civil registry office at the request of one of the spouses in cases where the second spouse:

• declared missing by the court;
• declared incompetent by the court;
• convicted of committing a crime to imprisonment for a term of over three years.

Procedure for divorce

MIP Encyclopedia » Family law » Marriage and divorce » Divorce procedure

The legislator provides for the procedure for divorce, depending on a number of circumstances, which will be discussed below.

Content

Divorce statistics in our country indicate that a significant number of families are breaking up. Despite its prevalence, the procedure for divorce is associated with a number of standard misconceptions.

Often citizens believe that divorce is possible only with the mutual consent of the spouses. Another mistake is the opinion that it is necessary to file a claim for divorce in all situations.

The legislator provides for a divorce procedure, depending on a number of circumstances, which will be discussed below.

Divorce is the procedure for dissolving a marriage. Concept

It is necessary to distinguish between the terms “termination” and “divorce procedure”. In the first case, we are talking about all the grounds that serve to terminate the status of spouses.

These, along with the completed divorce procedure, include cases of recognition in court of one of the participants in the marriage as deceased, or the death of the latter (Article 16 of the RF IC). Both of these circumstances do not depend on the will of the parties and do not require contacting the registry office.

The marriage ends at the moment of the death of the spouse, or the day the court decision enters into legal force. The basis for this will be a record of one of these facts in the registry office.

Divorce should be understood as the passage by a spouse or spouses of a certain procedure, the result of which is the legal termination of family relations between them. This term is identical to the concept of “divorce”.

Such a procedure is possible only if the marriage was concluded legally (Chapter 3 of the RF IC). That is why the dissolution procedure differs from declaring a marriage invalid. In all other cases, a divorce will not be required.

Divorce administratively (simplified procedure)

All cases in which administrative divorce is possible are established by Art. 19 RF IC.

To apply it, mutual consent of the spouses is sufficient if they do not have minor children. At the same time, adopted people are also considered equal to them.

The legislator provides the opportunity to use this type of divorce at the request of one spouse. This procedure is permissible in the following cases:

• when the court recognizes the other spouse as missing (there is no information about his whereabouts at the time of application for at least a year);
• if the other spouse is declared legally incompetent;
• if the other spouse is sentenced to more than 3 years of imprisonment for committing a crime.
• In all other cases, you will have to use the judicial procedure for divorce.

The application form must be submitted to the registry office. The spouses have the opportunity to choose to do this at their place of residence or at the place of marriage. The registry office completes the procedure in a month.

This period is provided to consider the decision.

After this period, each spouse, upon confirmation of their consent to divorce, is issued a certificate of divorce, which indicates the moment of termination of marital status.

The procedure requires the presence of one of the divorcing parties and does not allow representation.

The dispute over the division of jointly acquired property is considered in court.

Features of submitting an application to the registry office

This type of procedure involves filling out an application in Form No. 8, approved by Decree of the Government of the Russian Federation No. 1274 of October 31, 1998. The form will be issued by employees at the Civil Registry Office, but you can come with a pre-executed document. It is filled out jointly by the spouses.

In certain situations (business trip, military service, illness of the other spouse), the procedure is possible in cases where one of them is present. In such a situation, you will need to fill out separate applications.

In this case, the signature of the absent spouse must be certified by a notary.

If the appeal is related to certain circumstances, then a court decision will be required to declare the other spouse incompetent or missing.

The procedure for divorce in court

In cases where the divorce procedure cannot be carried out by contacting the registry office, the procedure for divorce in court should be used. This type of procedure can vary significantly depending on a number of circumstances.

In a situation where there are no objections between the spouses, but one of them evades the procedure in the administrative authorities, the judicial procedure for divorce is completed most simply. In this case, the motives of the plaintiff and the defendant are not clarified.

However, you will be able to receive a decision no earlier than a month after your application. This period is given to the parties to think over and have the opportunity to withdraw the claim.

If there are objections from the defendant, the court examines the reasons for the divorce. It is terminated when it is established that the further existence of the family is impossible.

The consideration of such cases involves a conciliation period of no more than 3 months. If, after this has passed, the plaintiff continues to insist on the demands, the court makes an appropriate decision.

After it comes into force, you need to contact the registry office to obtain a divorce certificate.

Features of filing a claim for divorce

If the spouses do not have common minor children, or there is no dispute about them (an agreement has been concluded), the case is considered by a magistrate (clause 2, part 1, article 23 of the Code of Civil Procedure of the Russian Federation). The jurisdiction of claims for division of property depends on their size.

If they amount to no more than 50 thousand rubles, then the application is considered by a magistrate. In other cases, cases are considered by district courts.

As a general rule, a claim for divorce is filed at the defendant’s place of residence. However, there are a number of exceptions (the health status of the applicant, the difficulty of traveling to the defendant’s place of residence, or the presence of a minor child with the applicant), in which jurisdiction at the plaintiff’s place of residence is possible.

The application must be accompanied by a marriage certificate. When going to court, a state fee must be paid. It is 600 rubles.

If the divorce in court is accompanied by the resolution of issues regarding the division of property, you will need to make the specified payment, calculated depending on the size of the claims (Part 1 of Article 333.1 of the Tax Code of the Russian Federation).

If a dispute for which a counterclaim is presented is resolved, the defendant pays a state fee calculated according to the same rules.

Peculiarities of consideration of cases related to disputes about children

There are often situations when divorcing spouses cannot come to an agreement on issues related to the future of their common minor children (a counterclaim may be made on these issues). In these cases, judicial divorce involves resolving a number of issues. Jurisdiction involves consideration of such cases by district courts.

The decision determines the parent with whom the child will live, as well as the amount of child support paid by the other parent. The law (Part 2 of Article 24 of the RF IC) establishes these requirements as mandatory. Divorce in court involves an analysis of the agreement on the residence of children. If the court finds a violation of their interests, it is declared invalid.

Limitations of the divorce procedure

Regardless of the procedure for divorce, there are a number of restrictions. According to Art. 17 of the RF IC, the husband does not have the right to initiate the procedure during his wife’s pregnancy, as well as for a year after the birth of the child. This requirement also applies to cases of stillbirth.

The reason for the restrictions is the protection of motherhood and childhood.

Article 18. Procedure for divorce

Divorce is carried out in the civil registry office, and in cases provided for in Articles 21 - 23 of this Code, in court.

Commentary to Art. 18 IC RF

1. Divorce, as one of the grounds for termination of marriage, is carried out either administratively or judicially.

Divorce is carried out administratively in the registry office with the mutual consent of the spouses (upon filing a joint application) and the absence of common minor children.

In addition, administrative divorce is possible at the request of one of the spouses, regardless of the presence of common minor children in the cases provided for in paragraph 2 of Art. 19 of the RF IC, namely if the other spouse:

- declared missing by the court;

- declared incompetent by the court;

- convicted of committing a crime to imprisonment for a term of over three years (see commentary to Article 19 of the Criminal Code).

In other cases, the marriage is dissolved only in court, i.e.:

- if the spouses have common minor children;

- in the absence of consent of one of the spouses to divorce;

- if one of the spouses evades divorce from the civil registry office (refuses to submit an application, does not want to appear for state registration of divorce, etc.).

In addition, a marriage can be dissolved in court on the basis of an application from one of the spouses if there are grounds specified in paragraph 2 of Art. 19 RF IC.

The pre-trial procedure for resolving disputes in cases of divorce is not provided for by law (Resolution of the Presidium of the Yaroslavl Regional Court of December 12, 2007 N 44-G-253/07).

2. Cases on divorce, if there is no dispute between the spouses about children, are within the jurisdiction of the magistrate (clause 2 of part 1 of article 23 of the Code of Civil Procedure of the Russian Federation). If there is a dispute about children, the district court hears the case. According to Art.

28 of the Code of Civil Procedure of the Russian Federation, a claim for divorce is filed, as a general rule, in the court at the place of residence of the defendant. In addition, in accordance with Part 4 of Art.

3. On divorce in the civil registry office, see the commentary to Art. 19 IC of the Russian Federation; on divorce in court, see commentary to Art. Art. 21 - 24 IC of the Russian Federation.

Administrative procedure for divorce

After filing an application, the law (Article 19 of the Family Code) gives the spouses time for reconciliation - one month. After the expiration of this period (it cannot be shortened), the spouses must again appear at the registry office, where an entry will be made in the civil register about the divorce and the spouses will be issued a corresponding certificate.

To dissolve the marriage in this case, the spouses need to come to the registry office and write a joint statement (clause 2 of article 33 of the Civil Status Act). Submitting an application is subject to a state fee of 200 rubles. from each spouse.

If one of the spouses for some reason cannot appear in person at the registry office, the law provides for the possibility of notarization of his signature on the application. Divorce through a representative, by proxy, is not allowed.

The text of the application, in addition to the formal details establishing the identities of the spouses and the fact of their marriage, indicates what surnames each spouse chooses upon divorce. Each spouse can revert to their premarital surname without the consent of the other spouse.

The law does not require the reasons for divorce to be indicated in the application.

Administrative divorce

• Statement of mutual decision to dissolve the marriage.
• An application for unilateral divorce and a court decision recognizing the spouse as missing, incompetent, or indicating that he is in prison for a period of at least 3 years.
• A court decision on divorce has entered into force.

Regardless of the grounds for divorce, the parties must pay a state fee. Its size depends on the situation and is regulated by Article 333 of the Tax Code.

Without paying the state fee, issuing documents on the official dissolution of marriage is impossible.

Procedure for divorce (administrative, unilateral)

Under current legislation, expressed mutual consent is only required when entering into a marriage relationship. Their dissolution may well be carried out without the consent of one of the subjects, since no one can be forced to remain in a marriage.

In addition, this statement must indicate the reasons why the subject insists on terminating the marriage relationship. If there are other demands on the spouse, such as the division of property, then this must also be indicated in the statement of claim.

End of marriage

Thus, R. appealed to the magistrate of court precinct No. 2 of the Leninsky district of Vladimir with a claim against P. for divorce and collection of alimony for a minor child. In support of the claim, the plaintiff indicated that she had been married to the defendant since August 16, 1997.

, has a daughter from marriage, born in 1997. Life together with the defendant did not work out due to mutual misunderstanding. The spouse does not participate in the financial support of the family.

The plaintiff asked to dissolve the marriage with the defendant and to collect from him alimony for the maintenance of her daughter in the amount of 1/3 of all types of earnings. R. did not appear at the court hearing and asked to consider the case in her absence.

The defendant did not appear at the court hearing, asked to consider the case in his absence, and agreed with the dissolution of the marriage with R. Having examined the case materials, the magistrate found the claims to be satisfied.

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As a result of the generalization, the question arose about the legality of application of Art.

22 of the RF IC, which provides for divorce in the case where reconciliation has not taken place and the spouse insists on divorce.

The courts, refusing to satisfy a claim for divorce based on procedural circumstances, mistakenly recognize them as material circumstances.

A) Divorce by administrative procedure

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

This is not a simplified procedure, here the court must conduct a judicial investigation - find out the reasons and motives for the divorce and decide whether it can be argued that further preservation of the family and life together is impossible and dissolves the marriage, or the court does not come to such a conclusion and in this case the court has the right to grant For spouses, the period for reconciliation is within three months (that is, up to three months), you can give several periods - the main thing is that the total does not exceed three months.

Administrative divorce

Along with deciding the issue of divorce, the court also decides how the issues regarding minor children were resolved. In addition to the issue of children and the issue of divorce, the court can also resolve issues of division of property and collection of alimony for one of the spouses.

If both spouses agree to divorce. In essence, the functions of the court are reduced only to certifying the fact of family breakdown. The functions of the court also include the protection of minor children in such a marriage.

This is manifested in the fact that the court must find out whether the spouses have decided on the place of residence of the minor child and the payment of child support.

The law establishes the duty of the court to resolve these issues.

The procedure for divorce and its grounds

If an agreement has not been concluded, the property is divided according to the general rule of jointly acquired property during the union. Jointly acquired property can be divided into personal and common.

Joint property includes movable and immovable property; income of the husband and wife from labor, entrepreneurial, and intellectual activities; pensions, benefits, payments that do not have a special purpose. Personal items are not shared.

Luxury items, if not given as gifts, will need to be divided.

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Material determines the place of residence of children, the amount and procedure for paying alimony. The psychological decides the question of who the child should stay with after a divorce - with the father or with the mother. Very often, children become the object of speculation by their parents in order to gain advantages in the distribution of material wealth.

How to file for divorce unilaterally

If the defendant fails to appear at the court hearing three times, then the marriage is dissolved in his absence.

The defendant has the right to appeal the divorce decree and restore his marital status if he proves that the reason for his absence is valid or he was not properly notified of the scheduled meeting.

The plaintiff can then resume the divorce proceedings; If in this case the defendant does not appear in court, the marriage will be dissolved again, and the defendant will lose the right to appeal the court decision.

State registration of divorce on the basis of a court decision is carried out in the registry office at the place of state registration of marriage on the basis of an extract from the court decision or at the place of residence of the former spouses (any of them) on the basis of an extract from the court decision and an application from the former spouses or an application from the guardian of the incapacitated spouse .

It should be borne in mind that when determining the amount of state duty to be collected from one or both spouses, the fault of each of them in the breakdown of the family, their financial situation, which spouse has children and other circumstances are taken into account.

According to Art. 10 and 11 of the RF IC, a marriage is concluded in the registry office in the personal presence of the persons entering into marriage after a month from the date of filing the application. The law does not prohibit filing an application through a representative.

In addition, if there are good reasons, the civil registry office at the place of state registration of marriage may allow marriage to be concluded before the expiration of a month, may increase this period, but not more than by a month, and also register a marriage on the day of filing the application in the presence of special circumstances (pregnancy, birth of a child, immediate threat to the life of one of the parties and other special circumstances).

The legal antipode of marriage is its termination, the grounds for which, according to Art. 16 of the RF IC are the death of at least one of the spouses, declaring him dead, as well as divorce. Divorce is “a legal act that terminates, with exceptions provided by law, the rights and obligations of spouses for the future.”