How the divorce procedure works - where to start the divorce process

Divorce is an unpleasant event in people's lives. But, in addition to the painful emotions that accompany it, one has to deal with compliance with the regulated divorce procedure - step-by-step and strictly regulated actions that must be followed so that the process does not stall and is completed as quickly as possible.

The procedure for divorce - what it consists of, and what nuances of preparation for it must be observed - we will talk about this in the article.

What are the divorce procedures?

The Family Code provides for two options for divorce:

Each of them has its own characteristics, different deadlines for processing applications and, most importantly, various packages of documents that a spouse wishing to divorce will need to provide in order for the divorce to take place without unnecessary problems and delays.

Divorce in the registry office is considered the fastest and most painless for former spouses, since it does not require personal participation, and therefore personal communication. This is especially significant if the relationship between spouses is strained to such an extent that they do not want to communicate with each other.

Divorce litigation is a much more common procedure that cannot be avoided if spouses have joint (adopted) children, cannot independently divide the property they acquired during their life together, or one of the spouses does not want to dissolve the marriage.

How does the divorce procedure work?

There are two options for divorce through litigation:

• By appealing to the magistrate;
• Divorce in the district (city) court.

The differences between these divorce procedures are not procedurally different from each other. But there are restrictions imposed by the Code of Civil Procedure of the Russian Federation on the value of declared claims for the division of property - the magistrate considers only those claims in which the value of the property divided between divorcing spouses does not exceed 50,000 rubles.

The second limitation is the absence of a dispute between spouses about which of them will have born (adopted) minor children. Disputes about the fate of children are subject to consideration only by judges of the district (city) court.

Contents of the application for divorce

The divorce procedure begins with filing an application with the appropriate court.
The initiator can be one of the spouses, or both, by submitting appropriate applications. Application for divorce, in addition to the required details:

• Name of the court;
• Last name, first name, patronymic of the applicant;
• Registration and actual residence addresses;
• Last name, first name, patronymic of the second spouse;
• His registration address and actual place of residence.

Must contain information about the reason for the divorce. Its formulation presents certain difficulties for applicants, since, along with household ones:

• Did not get along;
• Rude attitude;
• Alcoholism or drug addiction of the second spouse;
• Domestic troubles caused by the lack of your own apartment, lack of funds, inability or unwillingness of the second spouse to participate in running a joint household.

  Reasons for divorce in the statement of claim

There may also be reasons of an intimate nature related to the sexual life of the spouses or behavior that violates moral standards accepted in modern society - adultery, non-traditional sexual orientation of the second spouse.

In this case, the law does not require a literal statement of the reason.

If the applicant nevertheless decides to do this, he at the same time has the right to submit a petition to the court to consider the divorce proceedings behind closed doors - without the participation of third parties and witnesses in the case.

The formulation of demands to leave children with the applicant (one of the parents) must be motivated.

• To do this, in the statement of claim, in addition to the desire for the children to stay with the plaintiff, it is necessary to provide evidence of the ability to provide them with a place to live (living space that belongs to the plaintiff), prove the sufficiency of funds and the existence of a permanent source of income that will provide the parent and children with income, not below the subsistence level established in the region of residence, the opportunity to participate in the care and upbringing of children, to refer to their personal affection.
• This is especially true for children over the age of 10, since when making a decision, the court takes into account the interests of the children and takes into account their opinion expressed in court - with which parent the child wants to stay.

When including claims for division of property in the statement of claim, it is necessary to indicate (list) all the property that the applicant is claiming.

In this case, it is advisable not only to indicate, but also to document the fact of acquisition of this property during the period of cohabitation in a marriage registered with the registry office.

It should be remembered that property acquired by each spouse before marriage, or gifted (inherited) to one of the spouses during the marriage is not subject to division.

If he does not have a permanent job or other sources of income, he should petition the court to assign a fixed amount of alimony for the maintenance of children or a spouse who is pregnant or caring for a child under 3 years of age.

The application should not miss the fact that the applicants themselves have the right to request alimony for maintenance from the second spouse. This is possible in cases where permanent disability occurred during marriage or within a year after its dissolution, and the spouse applying for alimony has income below the subsistence level.

Preparation of documents

Having set out all the claims in the statement of claim, each of them must be supported by relevant evidence.
If there is no documentary evidence, petition the court to call witnesses who can reliably confirm the requirements set out in the application. Typically, a package of documents for divorce consists of:

The greatest difficulty for the applicant is the preparation of documents that are designated as “other”.
It is their collection and proper registration that is most difficult to deal with. This often requires the involvement of a family law attorney.

These may include:

• Documents confirming ownership rights to real estate (apartment, house, commercial property, land plot);
• Documents confirming the fact of the purchase of vehicles at the applicant’s expense (it should be remembered that a vehicle registered in the name of one of the spouses and registered with the State Traffic Safety Inspectorate, purchased with joint funds, is subject to division);
• Documents confirming that the spouses have securities (shares) that can be registered in the name of one of them;
• Evidence of the existence of sources of income for the second spouse, which are not declared by him and are not taken into account by the tax authorities, the Pension Fund of the Russian Federation and the Federal Security Service;
• Sometimes it is necessary to establish the location of the second spouse, who is hiding, not wanting to dissolve the marriage.

  Divorce procedure by mutual consent

Further course of the divorce process

After all the documents have been collected, the state fee has been paid and the application has been accepted by the court office, after the expiration of the procedural period, which cannot be less than 1 month, the first hearing is scheduled - a conversation.
Both spouses are invited to attend.
During the conversation, the court establishes the true motives that led to the divorce and takes measures to reconcile the spouses. To do this, they are given a period of 1 to 3 months.

If during this time the spouses do not resume marital relations and at least one of them insists on divorce, the court will begin to consider the case on its merits.

During the court hearing, the arguments of the plaintiff (his representative) and then the defendant (or his representative) are heard.

If we are talking about deciding the fate of minor children, then children who have reached the age of 10 years are invited to the court (or the materials of the conversation are read out) so that they confirm which parent they would like to live with.

After this, the court begins to study the evidence presented. During this procedural action, each party has the right to present its own evidence or challenge the evidence presented.

If necessary, the court calls and interrogates witnesses of the parties.
After studying the materials on the case, the parties begin debate. In them, they can once again present their vision of options for resolving the dispute, confirm or refute previously stated requests.

After the debate, the court retires to deliberate.

A decision in a case made by a district (city) or magistrate judge can be appealed within 10 days from the date of its adoption.

If the decision is not appealed within these deadlines and neither party has declared the restoration of the missed deadlines for valid reasons, the divorce process in court is considered completed.

The decision on divorce comes into legal force and within 3 days is sent to the registry office at the place of registration of the spouses to issue certificates of divorce.

From this point on, the spouses are no longer considered married.

Divorce procedure Link to main publication

How to file a divorce: procedure for filing a divorce, where to start, procedure

Almost every person knows that dissolving a marriage is quite simple. But when it comes to filing a divorce, people have many questions. In particular, how to formalize a divorce.

You can get a divorce through the registration authority or the court, depending on the current situation and legal status. The choice of authority depends not only on the mutual desire of the spouses, but also on the presence of children and disputes regarding jointly acquired property.

Probable causes of divorce

Sometimes people only after registering their marriage realize that they made a mistake and regret what they did. This can happen for many reasons.

Quite common are:

Dear readers! In our articles we consider typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , please contact us through the online consultant form on the right or call us at:

+7 (499) 110-33-98 Moscow, Moscow region

+7 (812) 407-22-74 St. Petersburg, Leningrad region Other regions: online consultant >> It's fast and free !

• alcoholism of the husband or wife;
• lack of understanding and difference of characters;
• treason or suspicions about it;
• constant swearing;
• loss of feelings;
• jealousy;
• incompatibility from the physical side;
• irresponsible attitude towards family;
• lack of offspring and desire to have them;
• serious illness of the husband or wife, and sometimes of the child;
• lack of material well-being.

When several of the above reasons are present, people are more likely to get divorced. When a marriage is dissolved, there is mainly one reason that is voiced: “they didn’t get along in character.” In most cases, the reasons are hidden deeply, they are personal. And many people believe that this does not concern anyone but them.

The main reason is that the required needs are not met due to one reason or another.

Conditions for divorce

• You can get a divorce in one of two instances: the registry office or the court.
• The first option involves a simplified procedure, but not every family can apply for a divorce here.
• The legislation provides for the following conditions for divorce through the registry office:

• mutual decision;
• absence of children under 18 years of age;
• when there are no disputes regarding property.

There are also some exceptions that allow you to file a divorce in the registry office. This can be done if the following conditions are met:

• the spouse is declared legally incompetent;
• one of the parties has been arrested for more than three years;
• husband or wife has gone missing.

In all other cases, in order to get a divorce you will have to write an application to the court. In this case, it will no longer matter whether the second spouse agrees to divorce or not. Sooner or later the couple will be divorced anyway.

Divorce procedure

Sometimes people come to the decision to file for divorce. Where to start registration depends on the situation in the family. The divorce procedure may differ depending on the authority to which the applicant applied.

The procedure for filing a divorce through the court is as follows:

• collection of necessary documentation;
• payment of duty;
• filling out an application at the registry office;
• delivery of documentation;
• in a month you can pick up your divorce certificate.

It is worth considering that both spouses are required to write an application for divorce through the registration authority. The absence of one party is allowed if there is a completed application on his behalf certified by a notary. Usually this happens when it is not possible to appear at the registry office.

When the spouse is incapacitated, missing or arrested, the applicant will receive a single copy of the document. But, you will have to bring papers proving the fact of the above circumstances.

The procedure for filing a divorce through the court consists of the following steps:

1. Choice of court. Typically, claims are filed at the defendant's place of residence. When there are no disputes about children and the division of property worth more than 50 thousand rubles, the application should be written to the magistrate’s court. If there are disagreements regarding the order of communication with the child, payment of maintenance for him and the need to divide expensive property, you must contact the district court.
2. Collection of necessary documentation. You may need to consult a legally competent person if the matter is quite complex.
3. Payment of state duty. It is worth considering that the law provides for a separate fee for division of property.
4. Submission of documentation.

After the court has made a decision, as well as the entry into force of the decree, you can go to the registry office to put a stamp in your passport about the divorce. In this case, you will have to pay another fee to the state.

Important! The marriage is considered dissolved from the moment the court decision comes into force.

The divorce procedure through the courts can take place in a simplified form if an agreement is reached between the spouses.

Then at the first meeting the judge will make a positive decision. It is better that if there is an agreement, it should be documented. Then the judge will not have any additional questions, and the divorce will happen quite quickly.

What documents are needed

The easiest option for divorce is through the registration authority. At the same time, you need to know what is needed to file a divorce. This requires the following documentation package:

• application, form can be collected on site;
• identification documents of both parties;
• paper confirming registration;
• payment document confirming payment of the duty;
• in case of unilateral divorce, it is required to attach documents that will serve as the basis;
• if the appeal follows after the court, then it is necessary to attach an extract from the court decision.

To submit an application to the court, you need your own package of documentation. In this case, the list of papers will depend on each specific situation. The main list of documentation for the court is as follows:

• application of the established form;
• identification;
• marriage registration certificate;
• documentation of children, if any;
• certificate of family composition;
• a certificate of income if jointly considering the issue of child support;
• documentation of property when there is a dispute regarding it.

Sometimes the second spouse cannot attend the meeting, then it is recommended to attach a statement of consent to the divorce. In this case, the registration process will take place without his participation.

Additionally, during the consideration of the case, the court has the right to request additional documentation.

Drawing up an application

An application for divorce is a documentary request for dissolution of a marriage. It is submitted to the registration authority or court. In the first case, it is imperative that the request comes from both parties. When divorcing through a court, a statement from one of the spouses is sufficient.

The law does not establish a specific form for this document, but it must contain the following mandatory information for filing a divorce through the court:

• name of the authority and full name of the judge to whom the claim is filed;
• plaintiff's details;
• information about the defendant;
• place, date, month and year of marriage registration;
• date of termination of cohabitation;
• description of the situation and reasons for the impossibility of further cohabitation;
• requirements;
• visa and date of document preparation;
• list of attached documentation.

When divorcing through a registration authority, a specialist issues a special form to fill out. This application contains the following required information:

• complete information about the spouses: F, I.O., nationality, place of residence, citizenship and passport details;
• series and number of the marriage registration certificate;
• written request for divorce;
• the surname that the spouses will have after the divorce;
• date, month and year of circulation;
• signature of both parties.

According to the law, after writing the application, the spouses have a whole month to think about it. During this time they have the right to withdraw the application. If this does not happen, the marriage is dissolved and the corresponding divorce document can be taken away.

Conclusion

Each authority requires its own package of documentation. The registry office can process a divorce in a month; the divorce procedure through the court can drag on for a long time.

Here everything depends on the agreement between the spouses, as well as the presence of common children. The court hearing may be postponed several times in order to request additional documentation. If there are no disagreements or disputes between the spouses, the divorce will occur quite quickly both through the court and the registering authority.

Dear readers , the information in the article may be out of date, take advantage of a free consultation by calling:
+7 (499) 110-33-98 Moscow, Moscow region
+7 (812) 407-22-74 St. Petersburg, Leningrad region
Other regions: online -consultant>>
or ask a lawyer a question using the feedback form below.

Share:

9 Comments

Where to start a divorce

Unfortunately, in modern society, cases arise more and more often when couples, having lived together for some time, decide to separate and begin divorce proceedings. However, most citizens do not have the slightest idea about this procedure, which leads to delays and confusion in a process that cannot be called pleasant without it.

To avoid this, let’s understand the intricacies of the divorce process - where to start a divorce, what stages need to be completed to dissolve a marriage between a husband and wife.

General information about divorce

I want to divorce my husband, where to start?

Many married couples who decide to file for divorce have no idea how many difficult moments they will have to endure during this event. In addition to the divorce itself, the spouses will have to deal with the following things:

• divide all jointly acquired property;
• decide who will have the children and how often the second parent will be able to visit them;
• agree on alimony and the procedure for its payment.

All of the above is just a fraction of the problems that await spouses who have decided to take such a difficult step as divorce. In addition, only a small proportion of families begin divorce proceedings by mutual consent, which can smooth out rough edges. The rest will have to carry out the divorce in conditions as close as possible to “combat”.

You need to know that the husband does not have the right to file for divorce if:

1. his wife is expecting a child;
2. the child is under 1 year of age at the time of application.

Choose a place to submit your application.

Spouses who decide to file for divorce can choose two authorities capable of carrying out this process:

• carry out a divorce using the services of the registry office;
• divorce through court.

Both options have their pros and cons, but the first is less expensive and is mainly chosen by spouses who decide to divorce by mutual consent.

If the decision to divorce is made by one spouse or any problems arise during the divorce procedure, for example, the spouses cannot agree on the place of residence of the children, the divorce will be carried out through the court.

Note! Divorce through court is a more expensive undertaking, both from a financial point of view and in terms of the time and effort spent on it.

Administrative divorce

This method of divorce is possible for the following reasons:

1. spouses who decide to divorce must come to this by mutual agreement;
2. The spouses, at the time of divorce, should not have joint children who have not reached the age of majority.

Having contacted the registry office at the place of residence, spouses whose situation meets the above requirements must fill out a general application using a special form, the form of which is approved by the state.

In the event that one of the spouses is unable to appear at the registry office for a reason that would be considered valid, it will most likely be necessary to submit two separate applications.

To do this, the application form of the absent spouse must be confirmed by his signature, which must be certified by a notary.

Valid reasons for the absence of one of the spouses include:

• the spouse’s illness is severe and does not allow visiting the registry office in person;
• his absence from the city or country due to a long business trip;
• the spouse is serving in the armed forces of the Russian Federation;
• the spouse lives in an area that is difficult to access or located in a territory remote from the registry office.

After submitting the application, in accordance with clause 3, art. 19 of the RF IC, spouses are given a period of one month to change their decision or solve the problems that led to such a difficult decision.

After this period, if the spouses remain adamant in their decision and also want to get a divorce, the registry office employees hand over to them a document on the dissolution of their marriage and make marks in the spouses’ passports that indicate the dissolution of their marriage.

The divorce procedure through the registry office will cost the spouses 650 rubles or 350 rubles. This will depend on the following conditions:

1. the state fee for a divorce by a joint decision of both spouses will cost them 650 rubles;
2. unilaterally breaking the marriage bond will cost the spouse 350 rubles, respectively.

Unilateral divorce is possible if:

• one of the spouses is considered missing;
• the spouse is declared incompetent;
• the spouse has been convicted and is in prison. The term of his imprisonment must be at least 3 years.

Important! Without a receipt that will confirm payment of the required amount of money, you will not receive a document confirming your divorce.

Divorce in court

Divorce, using the court as an executive body regulating this process, is possible in the following cases:

1. At the time of divorce, the spouses have common minor children;
2. one spouse, for some reason, does not want to divorce;
3. when one of the spouses avoids visiting the registry office, even if officially he has no objections to the implementation of the divorce process.

If there is a need for a divorce through the court, spouses must pay the following types of state fees:

• The first of them is charged for filing an application for divorce through the court. To do this, the spouse, who is the initiator of this process, must pay a fee equal to 600 rubles;
• the second fee is charged to pay for the services of the registry office in providing a document confirming the divorce, and it will cost both spouses 650 rubles.

What documents need to be prepared for a divorce?

In order to get a divorce through the registry office, spouses need to prepare the following documents:

1. a completed application for divorce;
2. identity document of the spouses. Both a regular passport and an international passport will do. It is also possible to use a copy of the above documents, which will be certified by a notary. The passport must be presented to both the husband and wife;
3. a document issued to spouses after registering their marriage;
4. a receipt from the bank confirming payment of the state duty.

When dissolving a marriage through court, spouses must present the following documents, namely:

• a statement of claim that will be filled out in the correct form. It must clearly display the reasons that pushed the spouses to divorce and the circumstances that led to them;
• copies of the child’s birth certificate, if available;
• a document issued by the registry office after registration of marriage;
• receipts confirming payment of all necessary government fees;
• If the spouses have jointly acquired property that is subject to division, it is necessary to attach a document confirming the fact of division of the property.

Note! If circumstances complicating the case arise, the court has the right to require the provision of an additional package of documents.

Alimony

The determination of the amount that one of the spouses will have to pay as child support, and the order of their payments, will be considered by the court either as a separate process, or together with the divorce procedure. To do this you need:

• apply to the magistrate's court with a petition containing information about divorce and alimony;
• determine which spouse will act as the defendant and which will act as the plaintiff.

If conflict situations arise, you need to file a claim for divorce in the district court and collect the list of documents required by it.

Children

If a controversial situation arises regarding which parent the children will live with, the court's decision will be influenced by the following factors:

1. well-being of spouses;
2. availability of living space necessary to live with a child;
3. having a permanent job.

Note! Usually the court resolves the dispute in favor of the mother, especially if she confirms her worth with all the necessary documents guaranteeing her ability to support the child.

When a child reaches the age of 10, the court also takes into account his preferences regarding living together with one of the parents.

Divorce from a foreign spouse will be practically no different from the usual divorce procedure. The same applies to procedures for dissolving a marriage with a disabled spouse. If one of the couple died, then the second spouse must appear at the registry office to obtain a document confirming his death and the dissolution of the marriage for this reason.

Citizens who want to download sample applications for unilateral divorce, with the mutual consent of both spouses, or a statement of claim for divorce, can use the link to download the corresponding file.

3 Comments

How to start divorce proceedings

You will need

• — passports of both spouses;
• — application for divorce to the civil registry office;
• - statement of claim to the court and its copy;
• — marriage certificate (original and copy);
• — child’s birth certificate (original and copy);
• — receipt of payment of state duty;
• — certificate of salary of spouses (if necessary);
• — inventory of property acquired during marriage (if necessary);
• — a copy of the marriage contract (if available);
• — a copy of the written agreement on child support and division of property (if any);
• — medical report declaring the spouse incompetent (if any);
• — a court order recognizing the spouse as missing (if any);
• — a court ruling on the length of time the spouse will serve his sentence in prison (if any).

Instructions

Decide how you want to end your marriage. The law offers two options: administrative (through the registry office) and judicial. Administrative divorce is suitable for a couple who do not have common minor children.

Both spouses must also voluntarily agree to end the marriage.

Divorce will also be granted through the registry office if one of the spouses is declared missing, incompetent, or was sentenced to a term of more than 3 years.

Gather the necessary documents. In case of administrative divorce, you will need a few of them: a marriage registration certificate (original and copy), passports of both spouses or documents replacing them, a receipt for payment of the state fee, a joint application addressed to the head of the civil registry office.

The list of legal papers will expand significantly if you are facing a divorce in court. First of all, you, as the initiator of the divorce, must file a claim in the magistrate’s court or in a court of general jurisdiction.

The divorce process will be handled by a magistrate if the spouses have agreed on the procedure for raising and maintaining children, as well as on the division of property. If there are controversial issues, for example, if the spouse is against divorce in general, you need to contact the district court at the defendant’s place of residence.

A sample statement of claim is available on the information board in the court reception area. It can also be found on the Internet. Attach the following documents to the application: a copy of the statement of claim (to be sent to the defendant), the original and a copy of the marriage registration certificate, originals and copies of birth certificates of minor children, a receipt for payment of the state fee.

If a marriage contract was concluded between you, a copy of it must also be provided to the court. Spouses who have voluntarily resolved all issues related to paying for the child’s expenses and dividing material assets must submit a copy of the written agreement to the court.

Simultaneously with the main claim, you can submit applications with a request to determine in court the amount of alimony payments for children and for a disabled spouse and/or to distribute property acquired during marriage.

So that the judge has factual data on controversial issues, attach to the package of documents a certificate of the salaries of both spouses and an inventory of property (real estate, land, vehicles, bank deposits, etc.).

).

Sources:

• Family code
• divorce proceedings documents

Divorce proceedings almost always resemble war. Only no one emerges victorious from the zone of these hostilities.

Even if all the prerequisites for its beginning have been established, coldness and misunderstanding reign in the family, the consequences will be devastating. Relatives, friends, and, above all, children may suffer.

The warring parties should remember this and conduct the process with as cool a head as possible in order to minimize the harm from the divorce. It won't go to zero.

The content of the article

The smallest losses you will incur during the divorce process will be material. Even if, during the division of property, you lose an apartment or part of it, you will be left without a dacha and a car, but you will have a chance to earn money to buy new things. The division of property is not so scary compared to the fact that you have already lost love. When you get a divorce, you lose a good reputation and gain a bad one. In any case, people will gossip about you. When trying to find a partner, you will come across a logical question: “Why did you divorce your husband/wife?” Society is more cruel to women. Remember what divorced women are called - abandoned, divorced, etc. Divorced men are also viewed with suspicion. A number of questions arise: “What’s wrong with him? Beat your wife? Did you cheat? Impotent? Why?"

At first after a divorce, you will feel close attention to yourself, pity, condemnation, disapproval, skepticism, etc. People who say: “Wow! Yes, you are great for getting divorced!”, they lie. And, believe me, they do this out of pity, supposedly out of friendly solidarity. Remember, maybe it was they who constantly interfered in your family life, took you to the bathhouse with girls/boys, to drink beer, etc.

As a result of your stormy divorce proceedings, your parents, who were friends before, went together to the dacha, fishing, to the forest to pick mushrooms, and took turns with your children, may quarrel. How are you going to share your mutual friends? After all, anyone who does not take your position immediately falls into the conditional list of enemies.

What the breakdown of the marriage will be like for the children's losses, only God knows. In the TV series House, a brilliant sociopathic diagnostician utters the phrase: “We are all deformed by our parents.” He is right.

Perhaps a week after the divorce you will not see anything strange in the child’s behavior. Don’t flatter yourself, it’s better to get a psychologist to talk to your baby in advance. You don't have time right now.

It is clear that the war takes up almost all of our time.

One of the parents, most likely the one who left the family, will not be able to communicate with the child in ten years. There will be no contact, he grew up without your participation. Alimony does not count. Although the scenario may be different, when, on the contrary, the guardian gets it, he will be accused of the collapse of the family state.

This happens when a Sunday dad/mom showers a child with gifts, and the one who constantly lives with the child restricts him for educational purposes. If you have new partners, how will they treat the child? It’s good if it’s done in an adult way, without babying and without groundless nagging.

However, most often your new significant other will be indifferent and indifferent. Theoretically, new children could appear. How and what then? It’s good when the feelings of the spouses cooled down long before the divorce process, and cooled down on both sides.

And if not? For one who has freed himself from a hated spouse, everything will be relatively healthy. The abandoned party will be left to live with guilt and a broken heart. Often people break down and start taking alcohol and drugs as a pain reliever.

If your divorce proceedings were preceded by beatings, humiliation, and sadistic antics of your spouse, you are lucky that it is all over. Divorce is happiness, and its consequences are the most favorable. You should have a goal, and along with it, self-confidence, a chance to live freely and happily.

Freedom.

This word is intoxicating and alluring. It’s wonderful to feel free – you can travel, implement business plans and creative projects. Great, unless, of course, “freedom” is a synonym for “loneliness.”

Sources:

Divorce through the court - step-by-step instructions and nuances 2018

When does a divorce go through court? These cases are specified in Article 21 of the Family Code of the Russian Federation:

• have minor children (common, natural or adopted);
• the husband or wife refuses to end the marriage;
• one of the spouses refuses to submit an application or does not appear at the registry office.

How does divorce happen through court?

After filing a claim for divorce, the court will be scheduled no earlier than in a month. A summons about the date and place of the divorce process will be sent to both spouses.

There are three options for further results of the development of the trial:

1. Both spouses do not appear in the courtroom.

Then the court decides to close the case because the plaintiff and defendant have changed their minds about getting a divorce.

1. One of the spouses or his representative did not appear at the divorce proceedings.

Then the judge finds out the reasons for the party’s absence. In case of any result of explanations, whether there are reasons for non-appearance or not, the first meeting will be postponed for a period determined by the judge. If the absent spouse provides important reasons for his absence, then the time limits will be set taking into account these circumstances.

If there are no reasons for failure to appear, then the court may make a decision in absentia.

1. Both spouses came to court.

In the case of an existing agreement between the spouses, the judge can make a decision in one meeting. This is possible if there are no property disputes, the decision on the place of residence of the children is made mutually and this does not violate the rights of any child. Then the court makes a decision to satisfy the divorce claim.

If there is no agreement between the spouses, then the court finds out the reasons for the divorce and gives a period of up to three months (clause 2 of Article 22) for reconciliation.

If reconciliation does not occur, then the court clarifies all the issues in the case: with whom the children remain, the division of property and the amount of maintenance for the children, if an application for alimony was filed. After which he decides to divorce.

If one of the parties to the case does not agree with the results of the divorce, then during this period he has the right to file a new claim.

Filing a claim

Articles 22, 23 and 24 of the Civil Procedure Code of the Russian Federation stipulate the rights of the parties and obligations when filing a claim.

The claim is filed at the place of registration of the defendant if the spouses live apart (Article 28 of the Code of Civil Procedure of the Russian Federation) or at the common actual residence of the spouses.

If it is unknown where the defendant lives, then the plaintiff files a claim at his own discretion:

• according to the defendant’s last known place of residence;
• at the location of the defendant’s property;
• if the plaintiff is sick or has minor children, he has the right to file a claim at his place of residence.

Read more about the claim here.

You may also be interested in an article about other documents for divorce through the court.

Who has the right to a judicial divorce?

1. Any of the spouses.
2. Guardian of the spouse if the court has declared the spouse incompetent.
3. Prosecutor.

   He can file a claim when required based on the interests of an incapacitated or missing person.

The husband cannot file a claim without the consent of his wife if she is pregnant or less than a year has passed since giving birth, even if the child was stillborn or died before the age of one (Article 17 of the Family Code).

Such exceptions were made in order to preserve the health and nerves of the mother and child, since legal burdens negatively affect their well-being.

Which judge should I contact?

There are magistrate and federal judges. Each category is competent to conduct the process only under certain conditions. The categories differ in form and status. With federal judges having stricter professional demands, these servants of Themis are considered more competent in cases.

If both spouses agree to divorce and they have no disputes about the children, you need to go to a magistrate. If spouses argue about children or about property, then they need to go to the district court with a claim, cases are heard there by federal judges (Articles 23-24 of the Code of Civil Procedure of the Russian Federation).

Reasons for divorce in court

Divorce by court is considered possible when the court clearly establishes: the family has broken up and further life together for the spouses is not possible (Article 22 of the Family Code).

The Family Code does not stipulate the reasons for divorce.

Spouse against divorce

If a couple agrees to divorce through the court, then the court dissolves the marriage without clarifying the reasons for the divorce (this is stipulated in Article 23 of the Family Code).

If the plaintiff does not inform the court of the reasons for the breakdown of the marital relationship, the court may temporarily stop the lawsuit. But do not refuse, but only offer reconciliation, and give three months for this (Article 22 of the UK). If the spouses have resolved the conflict, the proceedings are stopped. In this case, any of the spouses can again file a claim, then the court returns to the consideration of the case and makes a decision.

If one of the couple is against it , the plaintiff must describe in detail the reasons that forced him to go for divorce, tell why the marriage broke up, and what exactly prevents it from being restored. The court, having studied the materials, decides whether the couple’s life together is possible in the future.

Evidence in such a case may include the committed offenses of the party (ill-treatment, violence, insults):

• witnesses (the plaintiff must apply to call witnesses);
• written evidence (certificates from the emergency room about beatings, police records) - they are included in the case.

In any case, the divorce will end in a positive decision. The only difference will be in the timing. If there is agreement of both parties, then the divorce will be obtained at the first hearing; if there is no agreement, several meetings will be held.

How to divide children and property

Such issues are considered in parallel with the divorce process. During the process, one or both parties may demand that the court conduct a division of property and (or) indicate with which parent the child should subsequently remain, and how and to whom alimony will be paid.

If there is agreement on such issues or the spouses want to resolve these issues later, they can write in the lawsuit that they have no disputes or describe in detail to the court the essence of the agreements reached.

You can read more about the specifics of divorce with children in this article.

Reconciliation and refusal to divorce

The defendant has the right to petition to postpone the case for a while to give the husband and wife the opportunity to save their family. The court is cooperative and usually gives a period to resolve the conflict (up to three months).

When the judge himself decides to resort to this procedure (the plaintiff, for example, does not speak very confidently at the hearing), then this period can be reduced only if both the plaintiff and the defendant make this request to the court.

Refusal of the claim does not mean that the marriage cannot be dissolved later. If the spouses' relationship deteriorates, they can sue again. The divorce case is terminated (and the marriage, accordingly, is preserved) if, after the expiration of the period that the judge set aside for reconciliation, the plaintiff does not come to the meeting.

Deadlines for filing a divorce

On average, the divorce process will require two to four court hearings (if one party is against the divorce). If the parties agree, a decision is usually made at the first meeting.

The average time for registration when spouses agree to divorce is one and a half months and 1.5-3 months if someone does not agree, sometimes more than 3 months.

Circumstances that affect the processing time:

• norms of Family Law (divorce is carried out no earlier than a month from the filing of the claim);
• norms of the Code of Civil Procedure of the Russian Federation (provide a period for appealing a court decision before it enters into force);
• the workload of the court and the degree of efficiency of the mail, which notifies the parties;
• complaints about the illegality of judicial actions (may increase the registration period by another 2 months);
• correction of errors and clerical errors (increase the processing time by 1-3 weeks);
• inaction of any party.

Cost of divorce through court

The Tax Code of the Russian Federation (Article 333.19, clause 5) stipulates the amount of the state duty. At the beginning of 2018, it is 650 rubles.

Both spouses pay this amount if:

• there is their consent to break up the marriage, there are no children (minors), there are no property disputes;
• divorce is carried out in court.

For information on various cost nuances, read the article “How much does divorce cost?”