Does it make a difference who files for divorce - husband or wife?

Unfortunately, the services of a divorce lawyer are among the most in demand.

Many people know that they need to file an application, but no one has any idea about how the process of divorce occurs and who should file for divorce first.

Especially many questions arise if one of the spouses is against divorce, or if there are children in the family who have not yet reached adulthood.

Then the process itself becomes more complex, and you definitely cannot do without a lawyer. A divorce can proceed without problems if the spouses submit an application by mutual consent and can resolve all issues between themselves independently, for example, they themselves resolve all issues regarding the division of property. In this case, the application is submitted by the spouses to the registry office.

The application must be accompanied by passports, a marriage certificate and a receipt indicating that the spouses have paid for all services. And this is payment for registering a divorce and drawing up an application.

The application is drawn up by the registry office inspector. A copy of the birth certificate for all children must also be included.

The second time the spouses appear at the registry office a month later to receive a certificate that the spouses’ marriage has been dissolved.

Does it make a difference who files for divorce: husband or wife?

The initiator of divorce can be either the husband or the wife. The plaintiff has the right to quickly obtain a divorce without the consent of the spouse in cases where there are no small children in the family, the defendant is sentenced to a term of more than three years, or the spouse is incapacitated.

Otherwise, the plaintiff must file an application with the court. If there are minor children in the family, but the spouses themselves were able to reach an agreement on the issue of the children’s place of residence, then the application will be considered by the court.

If the spouses cannot resolve all the issues between themselves, then the case is transferred to the city or district court. If one of the spouses claims part of the property, then it is better to list all the property in the application that one of the spouses wants to keep after the divorce.

Does it matter who initiates the divorce if there are minor children?

If the plaintiff is the husband, then the court can reject his application in cases where the wife is pregnant, the child has not reached the age of one, or after the loss of a child who has not reached the age of one.

As for the plaintiff wife, in this case she has every right to get a divorce. This despite the fact that she doesn’t even need her husband’s consent. Exceptions do not even include situations where there are young children in the family, or the plaintiff is pregnant. In this case, the children remain with the mother if her living conditions are suitable for this.

Also, if both parents cannot decide with whom the child will remain, then the guardianship authorities decide for them. They are the ones who make the verdict on who the child can live with. Their opinion can be influenced not only by living conditions, but also by parents’ illnesses (chronic or congenital), and bad habits.

A bill was also put forward for consideration stating that now the plaintiff will pay alimony. This was done for the reasons that throughout the country a lot of mothers file for divorce, knowing that the husband will have to pay alimony without fail.

At the same time, mothers do not act in the interests of the child, but act only personally in their own interests. In order to avoid this, the state decided to act not on the side of fathers and mothers, but exclusively on the side of children.

Children have a say before the court on who they want to stay with. If the child has reached the age of ten, then he has the right to decide for himself. However, if there are children of different ages in the family, one is under ten years old, and the second is ten years old, then the court is primarily on the side of the youngest child.

That is, if the older child’s opinion is to stay with a parent who cannot provide all the necessary conditions for the younger one, then the court will act in the interests of the youngest child in the family, and not the eldest.

When the guardianship authorities are considering the question of who is best for the children to stay with, it is best to provide the guardianship authorities with a full report on how much time will be devoted to the children, what are the conditions for their upbringing and living.

Who should file for divorce first?

The difference in who should file for divorce first is who is willing to pay the court fees. When filing an application, the plaintiff pays for the trial and division of property.

The defendant only pays for the certificate. To the question of whether this will affect alimony payments, we can say that it will not. The plaintiff does not receive any privileges over the defendant.

If the divorce occurs by agreement of the two, but there are children who are under one year old, and also if the wife is pregnant, then it would be more appropriate for the wife to submit an application for divorce. In this case, the court will not refuse the process, and the divorce will begin. If the husband becomes the plaintiff, then the court will immediately refuse to consider the divorce.

It is better for the wife to become the plaintiff. This will make the divorce process easier.

Who is in a better position: the plaintiff or the defendant?

If the plaintiff wants a divorce, but the defendant does not agree, then the defendant is in a better position. He can ask the court to delay the divorce.

In this case, the court will provide time for the spouses to reconcile. After this, the court schedules a rehearing, where the spouses must provide mutual consent before the court to dissolve the marriage.

If the defendant does not appear in court, the case is considered without him and not in his favor. In matters of alimony, the defendant also has a more advantageous position.

Divorce is always an unpleasant and lengthy procedure. In case of mutual consent and registration of divorce through the registry office, the procedure takes a month. If the divorce is filed through the court, then the procedure time for each case is individual.

The main thing to remember is that in addition to paying the state fee for the court, you must pay for the services of a lawyer. Don't neglect this and skimp on protection. It is also worth remembering that the state is always first of all on the side of children, then on the side of mothers. Despite gender equality, mothers and children have privileges before the courts in many matters.

This does not change the fact that the court may decide that it is better for the child to live with his father. In this case, the payment of alimony will be assigned to the mother. And do not forget that each case is unique. That is why it is better to contact experienced lawyers and attorneys who can resolve all issues in a short time.

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How to apply for divorce. Does it make a difference whether the husband or wife files for divorce? Does it matter

It does not matter what reasons prompted the spouses to divorce. Proceeding to divorce is difficult both from the moral and legal sides. The Family Code (Articles 18 – 25) provides several options for filing an application for divorce: in the registry office, in court, in the presence of both spouses, or only one.

Choosing an institution for divorce

“Where do you file for divorce?” - a frequently asked question. Spouses who decide to divorce can apply to one of three authorities.

Through the registry office

According to the general rules, spouses jointly submit an application at the nearest registry office.

After the first application, the registry office staff will ask those divorcing to return again after 1 month for a divorce certificate. The waiting period is issued with the expectation of family reconciliation.

Divorce in the registry office is considered the most civilized and easiest. This method is provided for families not burdened by division:

Property acquired during marriage. A situation common for young families who did not have time to purchase anything expensive (real estate, land, cars) after marriage. It is possible that the spouses independently agreed on the distribution of property benefits and do not need the help of the court regarding the division of property.
Joint minor children. Even if the spouses know in advance with whom the children will live, divorce is possible only through a judicial procedure. If there are no common children, the divorce can be carried out at the registry office.

In addition, both parties must agree with the idea of getting a divorce. There is a list of situations in which only one of the spouses can dissolve a marriage at the registry office. In this case, the second participant in the family relationship:

Incapacitated;
Missing;
Serving a sentence in prison (and imprisoned for 3 or more years).

Through the world court

A magistrate's court is an institution designed specifically to resolve civil disputes and cases; divorce falls within its jurisdiction. Spouses whose situation does not allow them to separate in a simpler way - through the registry office - turn to magistrates.

Magistrates can resolve simple divorce proceedings, help with the division of property, determining the procedure for using real estate, distributing place of residence and assigning alimony obligations. The vast majority of divorce cases can be resolved with the help of a magistrates' court.

Through the district court

In cases where the parties were unable to reach decisions regarding property and children that satisfy both spouses in the magistrate's court, the case passes to the jurisdiction of the district court. The judges of this institution determine:

Which parent will the common minor children live with, what is the procedure for meetings with the other parent. Amount of alimony, form, frequency of payments.
Division of valuable property acquired by spouses during the existence of the family.

Regardless of the method of conducting the divorce procedure, the spouses are given a month to reconcile. It cannot be canceled, except in cases where one spouse files for divorce.

How to write an application for divorce

The form of the application directly depends on the method of divorce.

Application to the registry office

Submitting an application is very simple. Spouses will need:

Passports;
Marriage certificate;
Receipt of payment of state duty.

The form is provided at the registry office and is a sheet divided into 2 parts - each spouse fills out his half, as when submitting an application for marriage.

In the case of a unilateral divorce, the initiating spouse will need a document confirming the rationale for filing the application without the other party. The form will also be issued by the Civil Registry Office staff. Both versions of the forms have fields requesting information about applicants, which can be filled out correctly and accurately by hand.

It is filed by one of the spouses and represents a full-fledged lawsuit. The applicant is the plaintiff, and the second spouse is the defendant, respectively.

To file a claim you need a package of documents:

Passports;
Marriage certificate;
Copies of birth certificates of each common minor child;
A list of joint property with documents confirming the spouses’ ownership rights to it (if division of property is required during the court hearing);
Receipt of payment of state duty.

The application form is on our website; in this document you need to indicate:

Name of the institution where the application is sent;
Passport details of the applicant;
Passport details of the defendant;
Information from the marriage certificate (number, series, date of issue, etc.);
How long did the spouses stop living together?
Details from the birth certificates of common minor children;
Information about previous marriages (if available).

If the spouses have decided in advance how they will divide property, common children and alimony payments, it is best to register this decision notarized and indicate this fact in the statement of claim. A civilized method of resolving such issues will help simplify the legal process as a whole.

How much does it cost to file for divorce?

Payment of the state fee is a mandatory condition when submitting an application both to the registry office and to the court:

Divorce in the registry office costs 1,300 rubles. (650 rubles for each spouse);
Unilateral termination is estimated at 350 rubles;
An application to the court costs 600 rubles. (only the plaintiff pays);
Obtaining a certificate of divorce after divorce proceedings will cost 1,300 rubles. (650 rubles for each spouse).

After the application is submitted

MARRIAGE REGISTRY

Civil registry office employees check the application immediately after filling out the form, after which they set a one-month waiting period. Spouses are informed in advance of the date on which they can come and pick up the divorce certificate. Until then, the applicants can only wait for the end of the reconciliation period, or try to find a common language and maintain a unit of society.

Court

If the application is drawn up incorrectly, or the filing was made with violations, the court office may refuse to accept the claim. If the application is accepted, the court will set a date for consideration of the case.

During the first meeting, the court will assess the validity of the divorce and related circumstances, after which it will determine the timing of reconciliation.

The duration of the period is 1 month (if the spouses agree to terminate), but can reach 3 months (if one of the parties does not agree to terminate the family relationship).

In cases where spouses decide to cancel the divorce process, they need to file an application canceling the previous one. This must be done before the reconciliation period expires, otherwise the marriage will have to be concluded again.

Last updated December 2018

The breakdown of family relationships does not always occur by mutual consent. Therefore, the law provides for unilateral divorce.

To dissolve a marriage, it is not always necessary for both spouses to be present at the same time. Unilateral divorce is a process that is started without the desire and sometimes even without the knowledge of the other spouse. The termination of a marriage is regulated by Articles 16-26 of the Family Code.

We are talking about a unilateral divorce when one spouse does not want to get a divorce or cannot come to the divorce process.

Many people are puzzled by how to file for divorce unilaterally. There are 2 options:

Extrajudicial - through the registry office.
Judicial - through the courts of first instance.

Unilateral divorce through the registry office

The most common procedure is divorce by applying to the registry office. This requires 3 conditions:

absence of minor children;
both husband and wife must be present;
consent of both parties is required.

It is important that all conditions are met simultaneously. As you can see, divorce is allowed with the joint will and appearance of two spouses. However, there are exceptions. A marriage is annulled without the consent and presence of the spouse if he:

incapacitated;
sentenced to more than 3 years;
considered missing.

In these cases, it is necessary to confirm this fact with documentation. And apply to the registry office with the appropriate document. The marriage is dissolved in a month.

Example:
A man and a woman got married in 2005 and bought a house as common property. There was 1 child in the family. In 2018, the spouse was sentenced to 4 years for fraud, due to which the victims suffered serious losses.

To pay off his debts, the convict tried to sell his home without his wife’s knowledge. In response, she filed for unilateral divorce with the simultaneous allocation of the child’s share in the common house. The court dissolved the marriage without taking into account the opinion of the convicted person.

The wife's demands were fully satisfied.

How to submit an application to the registry office

Filing an application for divorce is carried out in 2 ways:

Personal appeal
. That is, come directly to the registry office.
Through the Multifunctional Center
. You need to go there with all the documents. After 30 days, a divorce certificate is issued.

You can also apply online. To do this you need:

register on the State Services portal;
choose a divorce service, set a date;
fill out an application and upload a scan of your passport;
pay the state fee and print a receipt.

In addition to your passport, application and state fees, upon termination, depending on the situation, you must submit additional documents:

A court decision declaring the second spouse incompetent (if the marriage is terminated on the basis of incapacity);
A court decision on the fact of a missing spouse (if the spouse has been absent for more than a year);
The court's verdict on the imprisonment of the second spouse and information about the place where the sentence will be served (if the sentence is 3 years or more, the suspended sentence is not taken into account).

Divorce through court

A unilateral filing for divorce through the court occurs when:

there are minor children in the family;
one of the parties categorically does not want to get a divorce.

It is better not to bring the divorce to court. It is recommended to do everything possible to peacefully resolve a family dispute. Otherwise, it will take a lot of time, effort and money, because a divorce sometimes drags on for months, and a court decision may turn out to be inconvenient for two spouses at once.

The claim can be filed at the place of residence of the defendant. The exceptions are the presence of minor children or illness of the plaintiff. In such cases, the plaintiff has the right to file an application at his place of residence.

Divorce cases can be heard by a magistrate or a district court.

Divorce in the Magistrates' Court

Unilateral dissolution of a marriage with children occurs in a magistrate's court in the absence of a dispute regarding them. The wife has the right to file a claim in any situation, but with regards to the husband there are some restrictions:

wife's pregnancy;
having a common child who is under 1 year old.

Example
: After three years of marriage, a husband decided to divorce his wife. The wife spoke out against termination, since they have a child who is only 11 months old. In addition, at the court hearing it turned out that the wife was two months pregnant. Based on Art. 17 of the RF IC, the plaintiff’s claim was rejected.

The magistrate may try to try on the spouses. Basically, this happens when one spouse is against the divorce. A period of up to 3 months is allotted. If during this time the spouses do not reconcile, then the judge considers the case on its merits and makes a decision on divorce.

Unilateral divorce in district court

Termination of a marriage at the initiative of one of the parties in the district court occurs in 2 cases:

when there is a dispute regarding children under the age of majority;
when dividing common property worth more than 50,000 rubles.

The district (city) court may also set a deadline for reconciliation. If the spouses change their minds about getting a divorce, the court proceedings are terminated. If, nevertheless, one party insists, then the issue of residence and maintenance of children, payment of alimony, and methods of dividing common property is resolved.

After the court decision enters into force, the marriage is considered dissolved. The decision is handed over to the spouses in order to register the fact of divorce in the registry office and obtain certificates of divorce.

Example
: A spouse at her place of residence filed for divorce in the district court. The plaintiff in the statement demanded the division of the joint apartment, payment of alimony in favor of their son and determination of his place of residence with his mother.

The husband came only to the second meeting and refused to divorce. The court set a three-month period for reconciliation, which did not produce a positive result. As a result, the court decided to divorce the spouses, leave the son with his mother, and awarded him alimony.

The apartment was divided into equal shares.

Petition for divorce

How to file a divorce? The basis for starting divorce proceedings is a petition for divorce. It must be compiled according to all the rules. The claim must have the following content:

Formal part, where the following information is indicated

the name of the court where the trial will take place;
information about the plaintiff (full name, date of birth, place of residence, telephone number);
similar information about the defendant.

A descriptive part that contains information about:

date and place of marriage;
reasons for divorce;
the defendant's disagreement with the divorce;
the impossibility of living together in the future as husband and wife;
presence of joint children under 18 years of age. Their full names and dates of birth must be included.

The final part, where:

lists the provisions of the law that contain grounds for filing for unilateral divorce;
all petitions (for alimony, property);
list of attached documents.

At the end you should put the date, signature and its explanation.

The statement of claim is drawn up in 3 copies. The first one remains with the plaintiff; it must have a mark on it indicating that it was accepted by the court. The second one will be kept on file. The court sends the third copy to the defendant.

Does it make a difference whether a husband or wife files for divorce: a lawyer’s answer - All about finance

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Does it make a difference whether the husband or wife files for divorce? This question always arises before spouses who decide to end their family relationship. Current family law provides for two ways to dissolve a marriage. The topic is discussed by lawyer, author of our blog Ivan Lukin.

Termination of marital relations

The first method is possible with a mutual decision of the spouses. To do this, they need to submit a joint application to the registry office with a request to register the fact of the end of the marriage. However, this method can only be used if the spouses do not have common children under the age of 18.

In addition, there are two conditions when one of the spouses can independently initiate the termination of the marriage by administrative means. This is when the second spouse:

is in prison where he is serving a sentence of more than three years;
declared legally incompetent or missing.

The second is by filing a claim in court. Applicable in cases:

there is no consent of the second spouse to file a divorce in the registry office;
the presence of common or adopted children under 18 years of age.

You must go to the Magistrates' Court. In the event that a dispute arises between spouses:

about children;
which parent the children will live with after the end of the family relationship;
the issue of dividing property acquired during marriage, the value of which exceeds 50 thousand rubles, is jointly considered,

the claim is subject to consideration by a district or city court.

Prohibition on initiating divorce

As a general rule, none of the spouses is limited in the right to initiate divorce. The position of the second spouse has no significance for this.

However, Article 19 of the Family Code prohibits a husband from starting divorce proceedings if:

his wife is pregnant;
have children under one year of age;
less than 12 months have passed after birth if the child was born dead or died before one year of age.

At the same time, if the spouse does not object, then, despite the pregnancy, the marriage will be dissolved at the registry office or in court, if there are young children.

If the initiative to divorce belongs to the wife, she can begin divorce proceedings even while she is pregnant or has a child under one year of age in her arms.

This is an article from the site vseofinansah dot ru. If you are posting this article on another site, then it has been stolen.

Judicial procedure for ending a marriage

Regardless of who is the initiator of the divorce, the statement of claim to the court must be drawn up in accordance with the requirements set out in Articles 131-135 of the Civil Procedure Code. Otherwise, the claim will be left without progress.

The document should reflect the following data:

the name of the court, including the name of the locality, street, building number where the magistrate or district court is located;
last name, first name, patronymic, residential address of the plaintiff, means of communication with him, in the form of a landline or mobile phone number, email address;
similar information concerning the defendant;
document's name;
day, month, year and place of registration of the family union;
series, number, date and by whom the Marriage Certificate was issued;
day, month, year and place of birth of the child, details of the Certificate of Registration;
for what reason is the marriage being dissolved;
legal grounds for filing a claim;
claim;
list of attached documents;
date of filing the claim, signature, surname and initials of the applicant.

The documents that are attached usually include copies of the following papers:

plaintiff's passport;
Marriage registration certificates;
Child's birth certificate.

According to the requirements of Art. 333.26 of the Tax Code, for going to court you will have to pay a state fee in the amount of 650 rubles. based on each spouse. That is, the initiator of the claim pays 1,300 rubles, half of which, after the court’s decision, the defendant is obliged to reimburse. A bank receipt for payment of the state fee must be attached to the claim when submitting documents to the court office.

Divorce in the presence of a marriage contract

The conclusion of a marriage contract is provided for in Article 41 of the RF IC. It can be concluded:

before marriage, but comes into force from the date of official marriage;
during the registration of a family union;
any time after the wedding.

However, it should be emphasized that a marriage contract does not regulate family responsibilities between spouses. It determines the future property relations between them.

So, if, according to the general rule established by Article 31 of the Family Code, all property acquired jointly during the marriage belongs to the husband and wife on the right of common ownership and is divided equally upon divorce. Then, the presence of a marriage contract translates this equality to the level of fair division.

This is explained by the fact that any party has the right to include its requirements in the terms of the contract. A prerequisite is the consent of the other party.

The marriage contract must be drawn up in writing and certified by a notary. Without this, it is invalid.

A marriage contract can be terminated, amended, or supplemented at any time by a mutual decision of the spouses.

Thus, to the question of how the presence of a marriage contract affects the issue of divorce, the lawyer’s answer can only be this: divorce is regulated by the norms of the Family Code. The marriage contract is governed by civil law. Therefore, the presence of a marriage contract does not prevent divorce in an administrative or judicial manner.

Each spouse can take the initiative to officially terminate the marriage. At the same time, all the requirements that family law imposes on this procedure must be met.

Read also: How are loans divided when spouses divorce?

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Who should file for divorce, husband or wife?

When a family relationship ends, the question of formalizing the breakup of the family almost always arises. If there are no children under the age of 18 in the family, and both spouses have a desire to dissolve their marriage, they can contact the registry office and, having jointly submitted the appropriate application, receive the required document.

Each case is unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

But a much more common situation is when only one of the spouses has a desire to file for divorce, and the spouses are the parents of children under the age of majority. Questions arise: can a husband file for divorce? Who has the right and should file a claim for divorce?

Note! In such cases, one of the spouses must apply to the court for divorce. At the same time, he becomes the plaintiff in the divorce case, and the second spouse becomes the defendant in this case.

What difference does it make who files for divorce first: the spouse on whom the other “half” holds responsibility for the breakdown of the family, or the “injured party” itself goes to court? If we do not take into account the purely psychological and moral aspects of this problem, then only one significant circumstance remains: the distribution of legal costs incurred in the case between the plaintiff and the defendant.

Note! If the claim is satisfied and the marriage is dissolved, the defendant shall be reimbursed in favor of the plaintiff for the expenses that the plaintiff incurred in connection with the consideration of this case.

What do these expenses consist of?

Government duty. The fee for filing a claim for divorce is 600 rubles.
Postage. If the statement of claim is sent to the court by registered mail, then you can demand reimbursement of these expenses.
Costs for photocopying documents.
Expenses for legal assistance. If the plaintiff used the help of a professional lawyer (drawing up a claim, representation in court) and incurred expenses, these expenses are also subject to compensation from the “losing” side.
Fare. If the plaintiff lived in another locality and was forced to come to the court hearing at the insistence of the defendant, on his personal initiative, or his personal presence was considered necessary by the judge, he can demand reimbursement of his travel expenses to the court and back.
Compensation “for loss of time” may be recovered by the court from one of the parties if its behavior (failure to appear in court without good reason) prevents the timely consideration of the case.
Other expenses related to the consideration of the case that the court considered necessary (for example, expenses for notarization of documents).

The court decides the issue of reimbursement of legal costs based on a written application from the parties. The application must be accompanied by original payment documents confirming these expenses. Thus, there is no other meaning of who went to court for divorce.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

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Does it make a difference whether the husband or wife files for divorce?

Dissolution of a marriage union can be carried out either administratively, when it is a mutual decision and there are no minors in the family, or through the courts. Who can apply is a question that does not have one answer, as it depends on the specific situation. We will talk about them below. If you need advice on a personal issue, you can call the hotline 24 hours a day or write to the online chat of the Pravosfera company.

Important! We always discuss standard situations, but a specific case requires an individual approach.

Administrative divorce

If both parties come to a common decision, they write a joint statement.

The only exception is that one of the spouses cannot visit the registry office, then the second independently draws up a document, presenting the consent of the other party certified by a notary, or the one who cannot be present sends his copy of the application, also confirmed by a notary, or instead an authorized person visits the administrative body .

In addition, the law defines situations of unilateral dissolution of a marriage union in an administrative manner, but they are not relevant to our question, so we will dwell on them in detail. Let's just say that this is possible when any connection with the spouse is lost, he is in MLS, or he is incapacitated.

Who should file for divorce?

If there are common minor children, it is impossible to reach an agreement, or other complications, the issue of dissolution of the marriage union is resolved in court. Any of the spouses can submit an application, but the Family and Civil Codes provide for situations when a claim from the father will not be accepted.

The wife is pregnant.
Less than 12 months have passed since the birth. It does not matter whether the baby was born alive or dead, or whether he lived to be a year old.

However, if a woman agrees to a divorce, then the husband can become the initiator by attaching the wife’s notarized consent to the divorce application. There are no restrictions for a woman who has a child under one year of age or for a pregnant woman. Therefore, if the spouses mutually agree to divorce in such a situation, it is better if the initiative comes from the wife.

Procedure for filing an application for divorce

The initiator of divorce must visit the judicial authority at the place of registration of the opponent and file an application for divorce there. If everything is completed correctly, the court itself will notify the parties to the proceeding about the time and place of the hearing.

If the plaintiff cannot, for objective reasons, attend the hearing at the defendant’s place of residence, he can change the jurisdiction, but this must be supported by documents.

Otherwise, the application may be redirected to another court or simply not accepted for consideration.

The document should be drawn up in accordance with the Code of Civil Procedure of the Russian Federation, avoiding corrections, erasures or inaccurate wording. The claim is filed with a package of documents, their exact list can be found in the court office; we present only the main positions that must be included:

documents of the plaintiff and defendant;
marriage certificate;
documents of children, if any;
a list of property and title documents for it, if the issue of division is raised in court;
other documents necessary for the consideration of a particular case.
receipt of payment of state duty.

Who is better to act as a plaintiff: legal assistance

Of course, each case is unique and is decided individually, so before filing for divorce you should consult with a lawyer from Pravosfera.

Often, when both spouses agree to divorce, but due to the presence of children they can only formalize this in court, the question arises of who is better to be the plaintiff.

A specialist will review your situation and recommend the option that is most appropriate.

Employees of the Pravosfera agency are ready to provide you with support around the clock; to do this, you need to call the hotline or request a call back.

You can also communicate with a professional in the site’s online chat.

Please remember that your information is confidential, we do not provide registration, and our employees do not require any information from you other than what you choose to provide to them.

Who is better to file for divorce, husband or wife?

When there is no marriage contract, the property is divided according to the law in equal shares. At the same time, it does not matter who it is recorded on. The main criterion is its acquisition during marriage. Here it does not matter who the child stays with, although the fact that certain items are more necessary for the spouse and the offspring is taken into account.

The applicant, at his own discretion, has the right to choose the option of sending documentation to the required authority. But, if he is not present in person, he will have to have all documentation certified by a notary. In addition, when filing an application with the court, personal presence is recommended. This will help quickly resolve many issues and reduce the start time of the procedure.

Does it make a difference whether the husband or wife files for divorce? Does it matter

If both spouses agree to divorce, then the court is obliged to dissolve the marriage without clarifying the reasons for the termination of the family union. If one of the spouses does not agree to divorce, the court has the right to postpone the divorce for up to three months, which is set aside for the reconciliation of the spouses. If both spouses agree in court to terminate the marriage, then this period is reduced to one month.

If the court has made a decision on divorce, then it is obliged to notify the registry office about this within three days after the decision enters into force. A divorce certificate is issued to each spouse. Until such a document is received, none of them has the right to remarry.

Divorce through the registry office: step-by-step instructions

The application itself should not be drawn up arbitrarily, but according to established rules. So, it must indicate the first name, last name, patronymic, the details of the marriage certificate, by whom (which department of the registry office) the marriage was registered. You also need to report the absence of children and the desired last name after the divorce, if the spouse changed it at the time of marriage.

Of course, everyone divorcing a marriage is interested in the question of when they will be divorced. The law establishes that no more than thirty days should pass from the moment the application for divorce is filed until the moment when the registry office employees must provide a certificate of divorce.

It would have been possible to shorten this period, but the legislator decided to make it longer in order to give at least some time to the man and woman to think about their action. It is no secret that quite a large number of married couples turn to the registry office in emotional excitement, for example after a quarrel.

A period of 30 days allows the spouses to cool down and not make rash decisions.

Who should file for divorce, husband or wife?

Government duty. The fee for filing a claim for divorce is 600 rubles.
Postage. If the statement of claim is sent to the court by registered mail, then you can demand reimbursement of these expenses.
Costs for photocopying documents.
Expenses for legal assistance. If the plaintiff used the help of a professional lawyer (drawing up a claim, representation in court) and incurred expenses, these expenses are also subject to compensation from the “losing” side.
Fare. If the plaintiff lived in another locality and was forced to come to the court hearing at the insistence of the defendant, on his personal initiative, or his personal presence was considered necessary by the judge, he can demand reimbursement of his travel expenses to the court and back.
Compensation “for loss of time” may be recovered by the court from one of the parties if its behavior (failure to appear in court without good reason) prevents the timely consideration of the case.
Other expenses related to the consideration of the case that the court considered necessary (for example, expenses for notarization of documents).

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Unilateral divorce: conditions and features

In Russia, marriage is concluded between a man and a woman only by their voluntary consent. There is no law that would oblige them to live together against their will. Therefore, spouses can divorce at any time. Even if one of them is against divorce, it will still happen sooner or later at the request of the other.

First you need to decide which court to go to. If, in addition to the divorce itself, you need to resolve issues about who the children will live with after the divorce, or about joint property worth more than 50,000 rubles, then you will need to write a statement of claim to a city or district court. If such issues do not concern you personally, then the application is submitted to the magistrate.

How, where to file for divorce and what documents are needed

When family relationships reach a dead end, the spouses see only one way out for themselves - divorce. Some couples simply separate while officially remaining married.

This is often justified by the fear of getting a lot of problems associated with ignorance of the nuances of this procedure.

Therefore, before filing for divorce, it is important to familiarize yourself with the basic provisions of Russian family law.

One of the partners cannot be held responsible for their actions (incapacitated). Then the guardian has the right to initiate divorce proceedings.
If the rights of an incapacitated or missing citizen are infringed upon, the prosecutor may act as an applicant.

Housing issues: why doesn’t my husband file for divorce and is it worth leaving home?

The process of divorce during pregnancy is often very stressful for a woman. Due to nervous experiences, she may even have a miscarriage or premature birth. Sometimes divorce is simply necessary if the husband may pose a threat to the life or health of his wife and unborn child. In this case, of course, you will need to live separately.

An apartment purchased during marriage will not necessarily be divided exactly in half - it happens that one of the spouses bought it with his own money, and he has serious evidence of this. When determining the share that will belong to each spouse, the court usually makes no difference in the level of income of the divorcees.mob1

How to find out if a divorce has been filed

Divorce in court, unlike administrative divorce, implies the possibility of filing a claim by only one of the spouses, without waiting for the consent of the second spouse. Even if the second spouse does not agree to divorce, the claim will still be accepted for consideration, as a result of which a decision will be made on it.

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When filing a claim for divorce, the plaintiff must provide several copies of documents (one of which will be sent to the defendant) and indicate the defendant’s contact information. Having accepted the claim, the court is obliged to notify the parties by sending them summons with information about the date, time and place of the court hearing. At the appointed time, the court hearing will take place, the marriage will be dissolved.

Who is better to file for divorce if you have a child?

Article 83. Collection of alimony for minor children in a fixed amount 1.

In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income fully or partially in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money. 2. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.

3. If there are children with each of the parents, the amount of alimony from one of the parents in favor of the other, less wealthy one, is determined in a fixed amount of money, collected monthly and determined by the court in accordance with paragraph 2 of this article.

Article 81. Amount of alimony collected for minor children in court 1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three and more children - half the earnings and (or) other income of the parents.

2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

How to start divorce proceedings

The process of divorce in court lasts about three months, since in the absence of the consent of the husband or wife, the court provides exactly this period for reconciliation. If reconciliation does not occur and the spouses insist on breaking up, a decision is made to terminate the marriage.

on the distribution between the parties of property that is joint property;
on the payment of alimony not only for the child, but also for the maintenance of the spouse if he is disabled;
on establishing the place of residence of children;
other requirements related to divorce, such as loan division.

05 Jul 2018 toplawyer 281

Does it make a difference whether the husband or wife files for divorce?

Hello, in this article we will try to answer the question “Does it make a difference whether a husband or wife files for divorce?” You can also consult with lawyers online for free directly on the website.

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 of the Russian Federation prohibits a spouse from filing for divorce from a wife who is at any stage of pregnancy. Also, a claim for unilateral divorce from a husband within a year after the birth of his child will not be accepted.

After this, a claim is drawn up (the collected documentation is attached to it), which is submitted to the court at the place of residence of the defendant.

Does it make a difference who files for divorce?

If the marriage is nominal for more than 3 years, the children are already grown-up, there is no relationship with the husband, maybe it’s worth getting a divorce?

Things are much worse if your spouse has another woman. Then you should ask yourself whether it is worth returning him to the family at all.

Psychologists identify three main reasons why a man may decide to divorce a woman, unless, of course, he has found someone else.

You cannot somehow force the process of reconciliation, because by its nature reconciliation involves the interaction of two parties. At the same time, for divorce, which literally means “to separate,” the initiative of one of the parties is sufficient.

A package of documents can also be submitted at the plaintiff’s place of residence, if he in fact confirms living with minor children or health problems.

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.

How will they cope with their parents' divorce? Who will they stay with? How will they communicate with their father? How to divorce your husband if you have a child? Article 21 of the Family Code clearly states that in the presence of minor children, divorce is carried out only in court. This means that divorce through the registry office with children is impossible. If you have children, you can divorce your husband only through the courts.

Does it make a difference whether the husband or wife files for divorce? does it matter?

The one who files the application is the one who handles the paperwork, if there is a court, you will have to go there 3 times if your ex-half doesn’t come. The one who serves is the one who was most offended, pestered, etc. But no, the result is the same.

One way or another, the spouse may have a question: how can one reliably find out that the wife or husband has filed for divorce?
And is it possible to get a divorce without the second spouse knowing about it? 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.

Even if the second spouse does not agree to divorce, the claim will still be accepted for consideration, as a result of which a decision will be made on it.

You can’t get by with a simple application to the registry office. Even if there is no dispute about how to separate the children, going to court will still be necessary.

If the husband and wife cannot agree on at least one point, then divorce becomes possible only in court.

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.

If the husband and wife cannot agree on at least one point, then divorce becomes possible only in court.

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.

I personally am not aware of any procedural restrictions on illogicality. Thus, let me make a personal assumption: deprivation of rights does not exist.

Can you bring your spouse home?

Parents. As you know, we are all accustomed to listening to the opinions of our parents on a subconscious level. Unfortunately, it often happens that the spouse’s parents add fuel to the fire and speak rather unflatteringly when talking to their son about his lady love.

Remember, any of the above reasons can be corrected simply by changing your own attitude towards life. But this must be done before it is too late.

Questions arise: can a husband file for divorce? Who has the right and should file a claim for divorce? Note! In such cases, one of the spouses must apply to the court for divorce.

Many families break up after living together for many years. Women often wonder what to do if their husband filed for divorce.

The RF IC provides for 2 methods of divorce. This can be done administratively through the civil registry office, subject to the consent of both spouses. Divorce without trial is possible if the spouses do not have common children under 18 years of age, and if they both agree to terminate the family relationship.

If the wife agrees to divorce during such a period, the application or claim will be accepted by the registry office (in case of pregnancy) or the court (if there is a child) at the place of residence of the spouses.
In accordance with the regulations of the Federal legislation of Russia, an application for divorce can be submitted either to the registry office or to the court (the claim is considered at the place of residence of the defendant and, in some cases, the applicant).
Thus, even in the event of a unilateral divorce, the spouse will not remain unaware that he is facing a divorce.
Having accepted the claim, the court is obliged to notify the parties by sending them summons with information about the date, time and place of the court hearing.

The presence of minor children in common with a divorce cannot in itself become an obstacle to divorce on these grounds. However, the law has established exceptions to this rule, which will be discussed below.

Next, you should set out the circumstances of the marriage, information about children born in marriage, jointly acquired property. The law does not oblige the plaintiff to state in detail, but they must all be indicated. It is enough to indicate the brief formulations “incompatibility of characters”, “impossibility of living together and running a common household”.

You cannot predict or in any way control your spouse's reaction.

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).

Divorce and the issuance of the corresponding certificate occur one month from the day the application was submitted. This period was introduced in order to notify the second spouse that a petition for divorce has been filed, and to find out whether there is a dispute about children, division of property or payment of alimony for a disabled spouse.

Exceptions are the rules of Art. 19 of the IC, which contain a ban on the husband initiating a divorce during the period:

wife's pregnancy:
until the child turns 1 year old.

If the wife agrees to divorce during such a period, the application or claim will be accepted by the registry office (in case of pregnancy) or the court (if there is a child) at the place of residence of the spouses.

Note: The one-year period is also calculated if the child was stillborn or died some time after birth.

If the plaintiff is the wife

The wife has the right to go to court at any time, even when she is pregnant or the mother of a newborn baby under 1 year of age.
Before going to court, the plaintiff may require the spouse to sign an alimony agreement with a notary or indicate in the statement of claim the requirement to collect alimony in a share of the earnings of the defendant spouse, and for herself - in a fixed sum of money.
Also, these demands can be stated after the divorce in a separate lawsuit or resolved amicably, with the conclusion of an appropriate agreement.

General nuances of filing a claim

All of the requirements listed below are relevant both for the wife filing a claim and for the husband to initiate a divorce.

Lawsuit

The statement of claim is filed according to the rules of Art. 131-135 Code of Civil Procedure of the Russian Federation. The document must indicate:

name of the court;
information about the plaintiff - full name, place of residence, information about the legal representative;
information about the defendant - full name, place of residence, information about the legal representative;
information about third parties (for example, if the divorce is complicated by property disputes, then the shared owners of the disputed property can be indicated).
claim price.

She can hold out until the last moment, although feelings have long cooled down, and family life has turned into torture. A woman may put off a difficult decision for a very long time, but if she decides to get a divorce, rest assured that this is a deliberate act. Very rarely does a wife commit such acts simply in the heat of the moment.

Then this is inevitably the end of the family? I think that if he wants, let him serve it himself, he doesn’t want to, does he want to do it with my hands? I don't understand what's wrong. If before he put pressure on me mentally, now he put pressure on me physically. We have two kids. With my second little fish, I am on official maternity leave until October 2014.

There is an apartment purchased during marriage.

I can file for divorce (what should I write as a reason?), I can try to force her to file, I can fight without a divorce for now. That's why I ask answers to questions based on real stories.

The wife has the right to go to court at any time, even when she is pregnant or the mother of a newborn baby under 1 year of age.

What to do if your husband filed for divorce

In the evening we just had dinner and watched a movie. I just wanted to sit together and talk, and he asked what. The purpose of the article is to consider the question of how to file for divorce in various situations under different life circumstances.