How to divorce by mutual consent if you have children, an application for divorce by mutual consent of the spouses

Citizens who do not want to continue to live as one family will need to go through the procedure of divorce. This requires some moral strength and preparation of the necessary documents. Depending on whether there are children and property, there are different ways to conduct this event.

Concept

Divorce by mutual consent is carried out as a result of a decision made by husband and wife, due to the impossibility in the future of living in the same living space and running a joint household.

Legislation

This issue is regulated by the Family Code of the Russian Federation (Chapter 4, Articles 16-26). It states that a marriage can end in two ways, including through a court hearing. The initiator can be either one party or both.

Divorce through the registry office by mutual consent is possible if there are no young children in the family. This also applies to adopted offspring. If they discussed the decision among themselves and do not make any complaints.

Conditions for dissolving family ties

The temporary period takes about one month. However, to use this method, the following conditions must be met:

• making a decision by mutual consent;
• there are no children under 18 years of age in the family;
• There are no disagreements on property and financial issues.

Divorce with children

The exception is those offspring who were born in another marriage. In this case, the children remain with their natural parents.

If the children are over eighteen years old, then the divorce is carried out at the registry office by mutual consent.

The law provides for the case when sixteen-year-old children are given the status of emancipated citizens. Then they are considered an adult, and the procedure for dissolving marriage ties is simplified.

If there are no children, the issue is resolved exclusively through the state registration authorities.

There are no mutual claims

Provided that the former spouses have resolved financial and property issues peacefully, then in this case only the divorce process is documented.

There will be no division of real estate or solution to the problem of who the children stay with. To clarify such claims, it is worth contacting the courts.

Unilaterally

• recognized by the court as missing or passed away - if you have available documents confirming this, one of the spouses can go to court;
• incompetent - the conclusion is made by medical professionals, and the final decision is established by the judicial authorities;
• is in prison - there must be a court order stating that the citizen has been sentenced to more than three years.

Registration procedure

After this, you will only need to wait for the final decision.

The whole event takes place in the following sequence:

1. Filling out a written request to break family ties. Application No. 8 for divorce by mutual consent or No. 9, if drawn up unilaterally;
2. Payment of appropriate fees for services to the state budget;
3. After thirty days, go to the civil registration authorities to obtain certificates.

The last visit can be done one at a time. After all, everyone will be given their own documents.

Where to contact

• register on the state service portal;
• through the multifunctional center.

This will help you choose:

• the required registry office department - depending on the registration of citizens or the place of the previous marriage;
• date - the schedule in each branch is individual.

When formalizing the breakup of a family unilaterally, it is necessary to notify the other half in writing. One month is allotted for this. If a citizen is declared incompetent, his guardian or guardianship authorities are notified.

Required documents

• a written request (form No. 8) reflecting the wishes of the partners;
• identification documents;
• Marriage certificate;
• receipt of payment of contributions.

We submit an application to the registry office

The following data is indicated:

• Date and place of birth;
• place of residence;
• passport details;
• last name, first name and patronymic of the applicant;
• citizenship or nationality;
• number of the marriage registration certificate.

If, after a divorce, citizens wish to change their surname, this must be indicated. At the end a signature is affixed.

Divorce terms

On average, according to the law, 30 days are required. While legal proceedings take up to two or three months. It all depends on the degree of claims put forward by the spouses in relation to each other.

During the period proposed by the state, the husband and wife have the right to change their decision regarding the termination of the family. Then they can withdraw the submitted application.

How much does a divorce through the registry office cost?

If one of the spouses is declared incompetent or is in prison, the fee is 200 rubles and is paid by one citizen.

Divorce by mutual consent in the courts

According to Art. 23 of the RF IC, if there are minor children, divorce is carried out through the court by mutual consent. To quickly carry out the event, an agreement on children can be drawn up between parents, which covers the following aspects:

• holding meetings with the child of the parent who will live separately;
• what financial assistance is planned to be provided to the child;
• with whom do the children stay?
• procedure for offspring leaving the state.

Each parent has one version of the agreement.

The application is submitted at the defendant’s place of residence. If he is in another city, then he can be sent by mail.

It would be advisable to collect the following additional papers:

• consent of the second spouse to divorce;
• agreement on children (if drawn up);
• duty payment receipt;
• certificate of income (if the issue of alimony is raised).

The application for divorce by mutual consent through the court states:

• Full name of husband and wife and place of residence;
• the reasons that prompted such a step;
• number of children together;
• name of the body to which the documents are submitted;
• address and date of marriage registration.

A list of attached documents and a receipt for payment of the required amount to the state budget are also indicated. Today the size is about 600 rubles. The plaintiff pays.

The interests of the children come first in a divorce

Legislative acts say that a child who has turned ten years old has the right to choose with whom he will continue to live. If the baby is still small, he often continues to live with his mother.

When the court makes a decision on this issue, the material and physical condition of both parents is taken into account. All circumstances are weighed and the child is sent to a place where he will grow and develop comfortably.

A mother or father who intends to keep the baby must take the following actions before the start of court hearings:

• prepare a certificate of income, reference from the place of work;
• provide evidence of the absence of bad habits;
• undergo an assessment of housing conditions by guardianship authorities;
• find a nanny who can look after the child while the parent is away.

Cases when divorce through court is impossible without the consent of the spouse

Article 17 of the Family Code of the Russian Federation provides for such a possibility in which a man does not have the right to begin divorce proceedings without the consent of his wife. According to the law, this cannot be done if the spouse is expecting a child or the children are under the age of one year.

Wife maintenance and alimony

After a divorce, a citizen is obliged to provide financially for his spouse in the following cases:

• being on parental leave until the child reaches the age of three;
• pregnancy period;
• if there is a child with disabilities before he reaches 18 years of age.

The benefit that a man is obliged to provide to his children is calculated as follows:

• for one person - ¼ of the monthly salary;
• two - 1/3;
• three or more offspring - ½.

How does a divorce work?

After submitting the necessary documents and depositing funds into the state treasury, a hearing of the case is held.

The time frame for such events can be extended to three months. It all depends on the claims of citizens.

After the decision is made, you can appeal it within ten days. After this period, citizens are given a copy of the resolution. You should take it to the registry office to receive a certificate.

Certificate of termination of marriage

Confirmation of the new status of citizens is a document issued at the end of the entire procedure. It will indicate that the marriage is considered dissolved. It is given to everyone personally.

Sample divorce certificate

The state-issued paper contains the following information:

• passport details of both spouses;
• registration act number;
• last name, first name and patronymic before and after divorce;
• date and place of termination of the relationship.

Citizens will need this document in later life to confirm their marital status.

Divorce by mutual consent will not take much time and effort if all issues are resolved positively and peacefully between the spouses. Otherwise, the assistance of a judge is required. However, before deciding to take such a step, you should weigh everything carefully and think about the consequences for the children.

Divorce by mutual consent: Sample application for divorce by mutual consent

The procedure for divorce by mutual consent is carried out through the registry office or, if there are minor children, through the court. This article will raise questions such as: how much does divorce cost, what is written consent, how to divorce a child, and more. If your situation is not typical and you need to get additional advice, contact the specialists of our portal. Legal assistance is provided free of charge and around the clock.

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The concept of divorce in the Legislation of the Russian Federation

Divorce with the consent of both parties is the expression of the will of the spouses, expressed in the joint signing of an application. The request is sent to the following authorities:

1. to the registry office;
2. to a judicial authority if there are joint children.

Of course, if you agree to divorce, the process goes faster and costs less nerves. There is also no litigation in court and mutual reproaches.

Ideally, this is how the cessation of relations between civilized and conscious people should occur.

However, Russian statistics provide different data, namely, that in most cases, divorce is psychologically difficult, and mutual claims harm not only the spouses, but also those around them.

As far as legislation is concerned, it is the Russian Investigative Committee that regulates relations between married citizens. Accordingly, the divorce must also be legally correct.

For those readers who wish to receive more information about the legal side, we recommend that you read Chap. No. 3 of the current code. It contains information about the conditions and procedure for marriage. In ch.

No. 4 considers the factors on the basis of which it is necessary to dissolve the union.

Registration of divorce

Registration of divorce by mutual consent has a special feature when filing an application for termination of marital relations. Citizens are not required to indicate the real reason for the divorce. The standard formulation – “they don’t get along” is enough. However, this is permitted if both parties can consciously express their will, i.e. both are competent and not under guardianship.

If the divorce occurs through the courts, then it is impossible for the spouses to obtain reconciliation from a legal point of view. But if one of the parties changes its decision, the judge has the right to postpone the hearing for a period of one to three months. This is regulated by the Russian Investigative Committee in Article No. 22.

Otherwise, the divorce process will be carried out if at least one party adheres to the primary decision.

Divorce procedure

In order for the divorce to proceed correctly, you must follow the instructions:

1. Preparation;
2. meeting;
3. finish line.

Let's look at each stage in more detail.

Preparatory procedure

Divorce by mutual consent without children involves collecting documents, drawing up an agreement if there are property disputes, paying a state fee and sending an application to a judicial authority.

If a divorce is proposed if the spouses have joint children under 18 years of age, then a written agreement on further education and maintenance should be drawn up and certified by a notary.

Meeting

A joint decision to divorce involves clarifying the reasons at the first meeting and determining the order of living of minor children and the amount of assistance for their maintenance. With proper preparation, when an agreement has been drawn up on this, the procedure will be simpler, and the decision will be made without delay.

Finish

After the court makes a decision, the parties are given ten days to appeal it. In the absence of such a petition, each spouse must come back to court and pick up an extract. After this, you need to contact the registry office to obtain a certificate.

List of required documentation

The list of documentation for filing an application for divorce through the registry office is as follows:

• application in form No. 8, signed by both parties;
• originals of identification documents;
• receipt for payment of state duty;
• marriage registration document.

When filing a claim in court, the list of documents is not much larger. To the above list you need to add:

• claim drawn up in 3 copies;
• if one of the parties cannot be in court, then consent certified by a notary;
• documents on the birth of joint children;
• certificates of residence address;
• in case of an alimony dispute - a certificate of income in form 2NDFL.

Nuances of divorce in court

How to get a divorce through the court and how long the litigation lasts - these questions concern every couple if there are disputes in the divorce process. As a rule, this applies to issues related to children under 18 years of age and property disputes.

The best option is to conclude an agreement between the parties under the supervision of a lawyer. This document reflects points such as:

• with whom the child will live;
• amount of alimony payments;
• division of property.

In court, it is only necessary to officially confirm the change in social status and the granting of legal force to the above-mentioned document.

The collected documents, which are filled out according to the established template, should be sent to the magistrate or city court. If the amount of property of the spouses subject to division exceeds the limit of 50 thousand rubles, then the city judicial authority is involved in this case.

If a positive decision is made, three days later, this information is sent to the registry office. Within one month, the parties will receive a summons for the initial meeting. Husband and wife must be present. If there is a divorce without the presence of one of the parties, then it is necessary:

1. Provide a signed consent for divorce according to the sample (see in the previous section).
2. The party who fails to appear at the meeting must give advance notice of his absence for a valid reason.

Otherwise, it will take place without a second party and may become the only one.

Speaking about the timing of divorce by mutual consent, it should be noted that this primarily depends on the psychological state of the spouses. If the dialogue is constructive, the divorce process will take no more than an hour. Sometimes, the judge can give time for reconciliation and preservation of the family hearth. But, as a rule, with a joint decision, this rarely happens.

Important! Before filing a claim in court or an application to the registry office, you must pay the state fee. Its size was 1250 rubles: 600 rubles. - this is an application for divorce, and 650 rubles. - obtaining a certificate.

What are the difficulties in divorce?

Wife's pregnancy or child under one year old

The IC of Russia in Article No. 17 reflects the following conditions when filing a claim in this situation. In other words, the spouse cannot terminate the contract only if he has his own desire. In view of this, you should obtain written consent to divorce from your spouse. And the procedure itself will be carried out on a general basis.

Child under 3 years old

The IC of Russia in Article No. 89 prescribes that the husband’s responsibilities include maintaining his wife not only while she is carrying a fetus, but also after its birth for three years. However, only if she is on maternity leave.

Child with a disability

If the spouses have a joint minor child with a disability and a woman is caring for him, then the court has the right to order their joint maintenance.

Divorce by mutual consent in the presence of minor children

Divorce by mutual consent in the presence of minor children is mostly carried out through the court and is regulated by Article 23 of the Family Code of the Russian Federation. But there is an exception, specified in Article 19 of the Family Code, according to which divorce through the registry office is possible only without children, and in the presence of common minor children, it is possible only in the following cases:

• if the court recognizes the incapacity of one of the spouses;
• when one of the couple is listed as missing;
• if the spouse is in prison for more than three years.

In all other cases, divorce with the participation of children in the process, as mentioned above, is carried out only through the court.

Features of divorce by mutual consent through the court

In divorce proceedings through the court, in the case of mutual consent of the spouses, a conciliation procedure is not prescribed. The reason for divorce is the reluctance of both to maintain the marital relationship.

an agreement on children can be independently concluded between the spouses (a sample is presented below), based on a joint agreement. Such a document must contain a mutual written decision of both spouses regarding the following issues:

• Who will the children stay with after the divorce?
• How will meetings and communication between the child and the parent living separately take place?
• How will the procedure for a child leaving the state with one of the parents take place?
• What kind of financial assistance from a parent who will live separately can a minor child apply for, and how it will be provided and other possible questions.

The agreement is drawn up in two copies, signed by each spouse, after which both have one copy of the document in their hands. It is recommended to have such a document certified by a notary. If there is no agreement regarding children between spouses, a decision on this issue will be made by the court.

How to prepare and where to submit an application?

The application for divorce is filed at the defendant’s place of permanent residence (or last known place of residence). If the defendant lives in another city or country, documents can be submitted to the court remotely by sending them by mail.

To submit an application to the court, you must prepare a set of documents:

• Receipt confirming payment of the state duty.
• An application for divorce, filled out according to the sample (you will find them below) in three copies, one copy remains in court, the second - to you, the third - is given to the second spouse.
• Certificates of wages when filing a claim for alimony.
• Agreement regarding children, if any.
• Marriage certificate (original), as well as birth certificate of children (copies).
• Consent to the divorce of the other spouse, certified by a notary.
• Other documents that may be required in individual cases.

The application shall indicate:

• Name of the authority to which the application is submitted.
• Full names of both spouses, their places of residence.
• Date of marriage registration, government agency where it was held and its address.
• Directly petition for divorce, if necessary, specify detailed reasons.
• Spouses' demands, or lack thereof, on issues related to children and property. It also indicates the presence of a written agreement to regulate the issue of children, if one has been drawn up.
• It is necessary to indicate the number of joint children, their full names, and the date of birth of each child.
• It is necessary to mark the attached documents in the list.

When submitting an application, you must have an identification document with you.

The transfer of the fee must be made before submitting the application using the details that must be taken from the secretary or found on the information board of the judicial institution.

The amount of state duty for filing a claim for divorce in court today is 600 rubles and is paid only by the plaintiff. In the case of a separate filing of a claim for the award of alimony, the fee is 150 rubles.

The state duty when dividing property between spouses will be proportional to the value when it is assessed.

You can learn more about the current amount of the state duty and how to pay it from the article: Amount of the state duty for divorce.

Application samples:

An application to the court can only be filed for divorce if there is an agreement with the husband that he will support the child, or for divorce and alimony if there is no such agreement and he is shirking his responsibilities.

Statement of claim to court for divorce

If the spouses have disputes regarding where the child will live, they can also file a claim in court to determine the child’s place of residence.

Statement of claim to determine the child’s place of residence

The interests of the children come first in a divorce

The desire of a child aged 10 years or older to remain with one of the parents will be taken into account when making a decision on determining his place of residence. If the child is small, then, as a rule, his opinion is not taken into account and the child in most cases, other things being equal, is left with the mother.

But first of all, when considering the question of who the child will remain with if the parents divorce, the court takes into account the interests of the child (children) and considers information about the lives of both parents, their mental, physical and financial condition, and also checks them for leading an antisocial lifestyle.

If one of the parents wants the child to be left with him, then the following measures must be taken before the divorce process:

• Submit an application to the guardianship authorities so that they assess the living conditions for suitability for the child to live here.
• Collect certificates confirming a permanent income, which should be sufficient for a decent lifestyle for the parent and child. In addition, you can request a positive reference from your place of work.
• Think in advance about who the child will be with during the parent’s absence.
• Prepare to prove in court the absence of bad habits, immoral lifestyle, mental illness and answer other similar questions.

Cases when divorce through court is not possible without the consent of the spouse

There are a number of cases when a man cannot initiate divorce proceedings until he receives the consent of his wife to divorce. These cases are prescribed in Article 17 of the RF IC. This restriction is valid for the following period:

• wife's pregnancy;
• until the child reaches the age of one year.

Spousal support and child support

The husband is obliged to support his wife after divorce in the following cases:

• the entire period of pregnancy;
• if she is on maternity leave - until the child reaches three years of age;
• If there is a disabled child in the family, until his 18th birthday, the spouse is supported by the husband.

The calculation of alimony, in the absence of an agreement between the spouses outside the court hearing regarding financial assistance, will be as follows:

• if there is one child, 1/4 of the official earnings will be deducted;
• respectively, for two children - 1/3;
• for three or more, 1/2 of the salary will be deducted.

Alimony ordered by the court is calculated from official income. At the same time, the parent who is awarded such payments is given the right to challenge their amount in court, citing his or her financial insolvency.

How does divorce work with mutual consent?

After preparing all the necessary documents, signing an agreement regarding children, paying the state fee for going to court, filing an application, a hearing is scheduled.

The divorce process can last from one to three months, depending on the presence or absence of disputes.

During the meeting, with the mutual consent of the spouses to the divorce process and the spouses have no claims against each other, the issue is resolved only in relation to the children - their residence and maintenance . If this issue was resolved between the spouses independently by signing a written agreement, the divorce process can take place within one meeting.

After the divorce process is completed and the court makes a decision, you are given a period of ten days to appeal it. After which the former spouses receive a copy of the court decision and apply to the registry office to obtain a divorce certificate.

Divorce by mutual consent with children

Divorce in modern society is becoming an increasingly common procedure. When marrying young, stupidly, for convenience or because of pregnancy, couples cannot live for more than 3 years.

This is what leads to increased divorce rates among couples with children. The procedure for divorce is regulated by the relevant articles of the Family Code of the Russian Federation.

Spouses, even if they have not lived together for a long time, do not have the right to enter into a new marriage until the previous family ties are dissolved.

Where to file for divorce if you have minor children? Termination of marriage by mutual consent can be formalized through the registry office, and in case of controversial issues, in court.

It is worth considering the fact that divorce by mutual consent in the presence of minor children can only be carried out through the court.

When making a court decision, the rights and interests of minor family members are taken into account.

Divorce through court if you have children

Divorce proceedings by mutual consent in the presence of minor children can begin if one of the spouses files a claim in court.

When drawing up a claim, the norms of the Civil Procedure Code of the Russian Federation, prescribed in Article 131, are taken into account.

The head of the document contains information about the name of the organization where the hearing of the case will be held, the full name and place of residence of the plaintiff and defendant, the name of the guardianship and trusteeship authority, and its location.

Next, information about the children is indicated (full name, date of birth, place of registration and residence), the essence of the statement of claim. It also sets out the obligations and evidence, followed by a clear formulation of the demands made by the plaintiffs on the defendant.

The package of documents includes one copy of the application for the defendant and representatives of third parties, a marriage certificate between spouses, a child’s birth certificate, and a check for payment of state duty.

If during the marriage an agreement was concluded between the spouses on the division of property and raising children in the event of a divorce, then this document must also be attached to the case file. This will help significantly speed up the court's verdict.

If such a document has not been concluded previously, then during the divorce process one of the parents, with whom the children will remain in the future, has the right to demand alimony payments.

Reasons for refusal to consider the case

There are several reasons why a court may refuse to consider a submitted application:

1. The plaintiff was declared incompetent.
2. The case is not subject to consideration in this court. The fact is that if a couple has disputes regarding children, then the decision must be made by the magistrate court. If the couple separates without conflicts, then the divorce can occur in the district court.
3. The divorce petition was signed by a person who was not authorized to do so. For example, the application was signed by relatives or the person for whom the power of attorney was issued, but an error was made when filling it out and it was declared invalid.
4. The court previously made a decision in this case.
5. The case is currently being heard in another court.

The court has the right to suspend the process or even refuse to proceed with a divorce case if there are minor children if the plaintiff has not submitted the documents in full or they are executed improperly, there are shortcomings in the submitted claim, or the former spouses have not fulfilled the requirements for settling disputes , previously arisen between them.

Divorce procedure by mutual consent in families with a child

On average, from the moment of filing an application with the court with the provision of all documents to the start of the court hearing, the time is at least one month. After the allotted time, the judge makes a decision to consider the case (of which the spouses will be notified by a summons) or to refuse, after which the spouses are provided with a reasoned court decision.

During the case, the court must determine whether the divorce decree is mutual and voluntary. In cases where the divorce takes place with the mutual consent of a couple with children, the court does not find out the reason for the divorce. Issues regarding the future of children are subject to settlement, i.e.

Such a measure is necessary if the defendant refuses to voluntarily pay the money owed to his children after the divorce.

The total period from submitting documents to receiving the writ of execution is at least 1 month, but given the workload of the courts, this time may extend. In most cases, even if the spouses voluntarily want to divorce, a decision can be made 3 months from the date of filing the statement of claim.

Also, time may be delayed if the former spouses made a decision, but did not take into account some aspects of the children’s future life. The reason for the delay may also be one of the parents who, during the consideration of the case, changed his mind and does not want to get a divorce.

If the wife is pregnant at the time of filing the application or the child has not reached the age of 1 year, the spouse can divorce her only after the child’s age exceeds 12 months.

Divorce by mutual consent of the spouses

Divorce in most cases is a process associated with regular conflict situations. This is mainly due to the division of joint property and the determination of the procedure for the participation of parents in the upbringing and maintenance of children.

To prevent a partial aggravation of these problems, the legislator has provided for the possibility of a claim for divorce being considered separately from property claims. In addition, the opportunity to get a divorce, bypassing a number of lengthy procedures, is provided with the mutual consent of the husband and wife, that is, the procedure for dissolution of marriage occurs by mutual consent of the spouses.

Consent to divorce

The concept of “consent to divorce” should be understood as the personal will of the spouse to terminate family relations within the framework of the procedure prescribed by law. It has the following characteristics:

• Certainty. It refers to the conscious actions of one or both spouses, from which it follows that they are aimed at ending the family relationship, that is, they have given consent to dissolve the marriage.
• Personal character. The application of the spouse or his actions in the case where a corresponding claim is filed must be made or formalized independently. The law does not allow a husband or wife to organize the procedure through representatives by proxy, in their absence.
• Application of a special procedure. Compliance with the rules governing divorce is mandatory. If the intention to end family relations is expressed to friends, acquaintances or relatives of the spouse, it cannot be used as consent to this procedure. It is provided in the form of an application to the registry office or in the form of explanations in the court that is considering the relevant claim.

If at least one of these signs is missing, then the actions in question cannot be considered a legally significant basis for divorce and the divorce will not take place by mutual consent of the spouses or without it.

Forms of consent to terminate family relationships

Depending on a number of circumstances, an application for divorce by mutual consent of the spouses can be submitted in the form of a document or orally.

Written agreement

An application in the form of a document will definitely be required when the divorce procedure is carried out at the registry office. According to the rules, they draw up a written application (Part 3 of Article 19 of the RF IC). The prescribed form is issued by the employee.

A sample of its completion, as a rule, is located on a special stand.

In cases where a lawsuit is filed, the consent of the spouse filing it is expressed in writing, since it is set out in the requirements. A sample of such a statement is usually located in the information corner of the Femida institution.

Often, at the beginning of the procedure, the couple’s relationship begins to be characterized by mutual hostility, which is characterized by a lack of desire to meet during court hearings.

If they do not have common children, then the proceedings can take place in the personal presence of one of the divorcees.

In this case, the defendant’s consent may be stated in a written explanation of the case with a request to consider the case without his participation.

Verbal consent

Consent in this form is required at the registry office when the parties appear to finalize the divorce. Employees of the institution clarify with them the relevance of the intentions set out in the written statement.

Features of the procedure for divorce through the registry office

Applying through an administrative procedure is the most accessible way to file a divorce - dissolution of a marriage by mutual consent of the spouses. Art. 19 of the RF IC establishes the following requirements for applicants:

• actions by mutual consent;
• conversion is possible only in the absence of common children;
• one of them did not adopt the other's children.

The completed application form for divorce by mutual consent of the spouses must contain the signatures of both spouses.

Consent to divorce sample

There are times when one of the divorcees is unable to appear at the registry office for one reason or another. In this situation, he will need a written consent to divorce, a sample of which is available on the Internet.

It can be filled out separately and given to the husband or wife, provided that the signature is notarized. This is the only way it will be considered that the spouse has given consent in absentia.

When submitting documents, the presence of at least one of the applicants is required.

The following information is included in the application:

• information about those getting divorced (full name, passport details, residential addresses);
• attributes of a marriage certificate;
• the surnames that the applicants intend to bear after the end of the family relationship;
• signature and date of completion of the document.

List of required documents

Along with the application, you will need to submit a number of attachments. These include:

• passports of applicants, which must be presented for review by a specialist;
• Marriage certificate;
• a document confirming payment of the state duty by each spouse.

The payment for registering a divorce in 2016 is 650 rubles. The amount of the state duty regularly increases, so before applying to the registry office you need to study clause 2, part 1, art. 333.26 of the Tax Code of the Russian Federation, which establishes the required amount.

Results of the procedure

After submitting the documents, applicants are given a month to consider the decision to divorce by mutual consent of the spouses. After this period, they come to the registry office, where they are again questioned about their intentions to dissolve the marriage by mutual consent of the spouses. If the intentions are maintained, the family relationship is terminated and a certificate of divorce is issued.

Peculiarities of consideration of divorce cases in court

The general principles of the judicial procedure for terminating family relationships are regulated by Art. 21 – 24 RF IC. You must contact the Femida institution in cases where:

• one of the spouses does not have consent to divorce;
• both spouses act by mutual consent, and they have common minor children, but the procedure in the registry office is impossible due to the evasion of the other party;
• The husband and wife have no objections to the termination of family relations and they have children together, including adopted ones.

When considering a claim in which the parties act by mutual agreement, the court is relieved of the obligation to ascertain the motives of the applicant and the defendant, which speeds up the procedure compared to the situation when the other spouse objects.

Drawing up a claim and necessary attachments

When the divorce procedure is possible only in court, you need to proceed according to the following algorithm:

Determine where to apply. If there is no dispute about children and property claims amounting to no more than 50 thousand rubles, the claim is sent to the magistrate's court. If one or two of these criteria are met, the district court will consider the case.

As a general rule, the application is considered at the location of the defendant.

There are exceptions to this rule: if the applicant has minor children living together or the other party cannot live remotely, you can apply to the district or magistrate court at your place of residence.

Make a statement. You can do this yourself, using as a basis a sample located on a special stand in court. You can also find a suitable claim on the Internet.

On specialized sites you will be able to select a sample that matches the situation. If the plaintiff expects that the defendant's behavior will be conflicting, it is better to use the services of an experienced lawyer.

The above sample in such a situation will help you save on services, but may prevent you from achieving the necessary results.

Collect the necessary applications. They duplicate the list required for the registry office with some exceptions. You need to submit a duplicate of the claim, which the court will send to the defendant, pay the state fee for considering the case (600 rubles in 2016), and also provide copies of the children’s birth certificates (if available).

Results of the procedure

As part of the consideration of the case, the court will summon the defendant. If it is impossible or unwilling to appear, he will be able to attend the court on any other day and confirm that there are no objections to the divorce, since the actions of the parties by mutual consent affect further actions during the consideration.

In addition, if those divorcing have children, the judge decides issues of child support and their continued residence with one of the parents. If there are appropriate agreements, they are checked. The document must not violate the interests of children.

When claims for division of property are made, they are also subject to resolution.

A month is the minimum period. The actual period of consideration depends on the number of stated claims that the claim contains and the existence of disputes between the plaintiff and the defendant on them.

Cases when the consent of the other spouse is not required

The situation is not always resolved by mutual desire. With rare exceptions (Article 17 of the RF IC), divorce is possible in the absence of the consent of the husband or wife.

It only serves as a basis for complicating the procedure (judicial procedure, conciliation period). However, there are special situations where the lack of consent does not lead to an extension of the deadline.

Such an application can be submitted to the registry office in the following situations.

• When the other spouse suffers from a mental disorder and the court has made a decision declaring the wife or husband incompetent based on the opinion given by a psychiatrist expert. It is believed that in this case, family relationships are de facto terminated as a result of the impossibility of the other spouse realizing his status. This answers the question of why the law allows divorce without the consent of both divorcing parties.
• In the case where a wife or husband is declared missing. In this situation, the actual termination of family relationships is due to the fact that the spouse has ceased contact with loved ones.
• If the husband or wife was sentenced to imprisonment. The motive here is the impossibility of the couple living together, so the law has made it possible for a simplified divorce.