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Instructions
The main condition for a quick marriage is mutual consent and agreement on all issues that usually arise in the process of divorce. You can get a divorce in the civil registry office (REGISTRY OFFICE) or in court.
If the spouses agree and they do not have common minor children, the marriage is dissolved at the registry office. Submit a joint application to the registry office at the place of residence or marriage registration, pay the state fee. When one of the spouses cannot appear at the registry office, two separate applications are drawn up, and the consent to the absent person must be notarized.
For divorce in the registry office, a monthly period is established, the countdown of which begins the next day after the application is submitted. Upon its completion, the spouses are issued certificates of divorce, and it is enough for at least one of them to be present at the state registration of the divorce.
If you have minor children (your own or adopted), you can only go through the courts. In order not to drag out this process for long, discuss in advance which of you the children will live with, determine the procedure for communicating with the other parent and relatives on both sides, agree on the payment of alimony. Also, discuss all property issues. Make your agreements one or more agreements, certify them with a notary or submit them to the court for approval.
Prepare the necessary documents:
- statement of claim in 2 copies;
- marriage certificate;
- certificates of birth (adoption) of children;
- certificates from the place of residence of the plaintiff and the defendant;
- certificates of income of the plaintiff and the defendant;
- notarized consent of the defendant to divorce;
- agreements on the upbringing and maintenance of children, the payment of alimony, the division of property;
- a receipt for payment of the state duty.
To speed up the divorce as quickly as possible, file a statement of claim with all documents at a personal meeting with a magistrate. This way, your hearing will be scheduled faster and will be reviewed in one session. For a divorce through the court, a month is set from the date of submission of the application, after which the judge must make a decision on divorce and send it to the registry office within 3 days.
Divorce or divorce can be filed in court or at the registry office.
The most detailed information on divorce. After reading this article, in 99% of cases you will be able to dissolve the marriage yourself, without the help of lawyers. Find out everything about divorce, in what cases it is possible to dissolve a marriage in the registry office, and when you need to go to court, how a divorce occurs in a magistrate's court. A lawyer is ready to answer any questions about divorce. We give advice on divorce free of charge.
Download forms of documents and sample applications, examples of court decisions on divorce. After studying the presented material, you yourself will become specialists in divorce and can even give advice to your friends and acquaintances.
What is spouse divorce
An official divorce is the dissolution of a marriage between spouses. It is not enough just to disperse to different apartments, stop communicating and run a joint household. Divorce means that it happens in the prescribed manner, with the receipt of official documents confirming that the marriage is terminated.
Only those spouses who entered into it through the registry office can dissolve a marriage. The word divorce is not used in family law, it is colloquial. It is correct to say, and even more so to write in official documents - divorce.
It is possible to end a marriage not only by its dissolution, the marriage is terminated in the event of the death of a spouse, and in some cases it is possible.
Divorce procedure in 2019
For divorce, the desire of one of the spouses is sufficient. If the husband or wife wants to divorce, then the marriage will be dissolved in any case. Nothing here depends on the desire of the other spouse, but he can delay the time of the official divorce.
An exception to this rule is the period of pregnancy of the wife and the period of one year from the time of the birth of the joint child. At this time, the husband does not have the right to go to court with an application for divorce. He can only do this with the consent of his wife. Moreover, if the child was born dead or died after birth, the husband will still have to wait one year.
The marriage is dissolved either through the registry office or in court. The choice of the method of divorce depends on the presence of children and the wishes of the spouses. In case of divorce in court, after the entry into force of the decision, you still need to contact the registry office for a certificate of divorce. The general rule for a divorce is that it is drawn up no earlier than 1 month from the date of application.
Similarly, divorce occurs when one spouse, with mutual consent to divorce, is unable to come to the registry office. In this case, he draws up a notarized consent to divorce. If the spouse is in custody or serving a sentence in places of deprivation of liberty, his application can be certified by the head of the institution.
Recently, you can apply for the termination of a marriage through a multifunctional center of state and municipal services or through a single portal of public services.
Divorce in the registry office on the application of one spouse
Under certain circumstances, it is possible to dissolve a marriage through the registry office without asking the second spouse's opinion, at the request of one of them. These cases are strictly defined by the Family Code of the Russian Federation, we list them:
- if one of the spouses is sentenced to imprisonment for committing a crime for more than 3 years. In this case, a copy of the court's verdict, which entered into legal force, is attached to the application to the registry office.
- if the second spouse is declared legally incompetent by the court. A copy of the court decision on the recognition of the citizen as incompetent is attached to the application. For the procedure and conditions for recognizing a citizen as legally incompetent, see: .
- if the other spouse is recognized as missing. A copy of the court decision is also attached to such an application to the state registration authorities, in more detail: .
Divorce in court in 2019
Grounds for divorce through court
Divorce through the court will be required if there is no possibility and grounds for divorce in the registry office. The process of divorce will be longer, it will be necessary to draw up an application for divorce, collect additional documents, the judge can extend the trial to reconcile the husband and wife.
In court, divorce occurs when there are common children under the age of 18, when one of the spouses objected to divorce or when he avoids appearing at the registry office. During the consideration of claims for divorce in court, it is possible to declare the determination of the place of residence and the procedure for raising children, the division of jointly acquired property, the recovery of alimony for children and the maintenance of the spouse, and other disputes arising from family relations. However, it is better to do this by independent claims.
According to the general rules, the requirements for divorce belong to, if there are additional requirements, the case may become subject to jurisdiction by the district (city) court.
With regard to territorial jurisdiction, in general () claims for divorce are filed at the place of residence of the defendant. There are exceptions to this rule, in the presence of children or for health reasons, the plaintiff can file a claim at his place of residence ().
Divorce through court
Let us consider in more detail the procedure for divorce of spouses through the magistrate, if only the requirement to dissolve the marriage is filed with the court. If there are other requirements combined into one proceeding, the case can be considered at a later date and with a large number of court sessions.
After filing the claim file to the magistrate or to the district court, you need to wait for a notice of the time and place of the trial. Typically, such a notice comes 10-14 days after the filing of the claim. If the notification has not been received, it is worth calling the court and finding out the reasons, perhaps abandonment. As a rule, if everything is in order with the application, the court appoints such cases immediately to court proceedings, 1 month after the application is received by the court.
You can come to the court session in person or ask to consider the case in your absence. The defendant can take it to court or file.
First of all, the court finds out whether the defendant agrees to the dissolution of the marriage. If there is consent, the marriage is dissolved without further clarification of the motives and grounds for the divorce. If the defendant does not agree to divorce, the judge finds out the reasons for going to court, the possibility of maintaining family relations, and then gives a period for reconciliation. In this case, the court session is postponed for up to 3 months. At the next court session, if the plaintiff has not filed, the marriage is dissolved.
The court decision on divorce comes into legal force 1 month after its adoption. If filed, the decision will enter into force after the case is considered by the court of appeal.
On the day when the court decision comes into force, the marriage will be considered dissolved. With a copy of the decision, you must contact the registry office, which will issue a divorce certificate. Divorce certificate is a document confirming the divorce.
Thus, in case of divorce through the court, the divorce will be formalized no earlier than 2 months, and it can drag on for 5-6 months if there is resistance from the second spouse.
| Through the court, the marriage can be dissolved no earlier than 2 months |
Divorce through court with children, the procedure for divorce
The procedure for divorce through court in the presence of children does not differ from the usual one. At the same time, in addition, requirements for the recovery of alimony, on the determination of the place of residence of children and on participation in their upbringing can be included in the application for divorce. However, we recommend not to do this, it is much more practical and faster to resolve these issues separately.
Divorce through the courts, even with children, is considered by the magistrate, he also considers claims for alimony. Family disputes involving children are considered only by the district court. Therefore, it is possible to submit separate applications to different locations. When registering a divorce through a court with children, the court can also give time for reconciliation, postponing the hearing for 3 months, at which time the remaining requirements will not be considered.
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Family Code of the Russian Federation on divorce
Chapter 4 of the Family Code of the Russian Federation. Termination of marriage
Article 16 of the RF IC. Grounds for termination of marriage
1. A marriage is terminated as a result of death or as a result of the declaration by a court of one of the spouses as deceased.
2. A marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse, recognized by the court as incompetent.
Article 17 of the RF IC. Restriction of the husband's right to file a claim for divorce
The husband does not have the right to initiate a divorce proceedings without the consent of his wife during the pregnancy of his wife and within a year after the birth of the child.
Article 18 of the RF IC. Divorce procedure
Dissolution of marriage is carried out in the civil registry offices, and in the cases provided for by Articles 21-23 of this Code, in a judicial proceeding.
Article 19 of the RF IC. Dissolution of a marriage at a civil registry office
1. In case of mutual consent to the dissolution of the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry offices.
2. Dissolution of a marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, shall be carried out in the civil registry office, if the other spouse:
declared missing by the court;
declared incompetent by the court;
sentenced for committing a crime to imprisonment for a term exceeding three years.
3. Dissolution of marriage and the issuance of a certificate of dissolution of marriage shall be carried out by the civil registry office after a month from the date of filing an application for dissolution of marriage.
4. State registration of divorce shall be carried out by the civil registry office in the manner established for the state registration of civil status acts.
Article 20 of the RF IC. Consideration of disputes arising between spouses in the event of divorce in civil registry offices
Disputes about the division of the spouses' common property, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or sentenced for committing a crime to imprisonment for a term exceeding three years (paragraph 2 of Article 19 of this Code), are considered in court regardless of divorce in the civil registry offices.
Article 21 of the RF IC. Divorce in court
1. Dissolution of a marriage shall be carried out in a judicial proceeding if the spouses have common minor children, except for the cases provided for by paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.
2. Dissolution of a marriage is carried out in court also in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage in the civil registry office (refuses to submit an application, does not wish to appear for state registration of divorce, and more) ...
Article 22 of the RF IC. Dissolution of marriage in court in the absence of the consent of one of the spouses to divorce
1. Dissolution of a marriage in court shall be carried out if the court has established that the further life of the spouses and the preservation of the family are impossible.
2. When considering a divorce case in the absence of the consent of one of the spouses to divorce, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months.
Dissolution of a marriage is carried out if measures to reconcile the spouses proved to be ineffective and the spouses (one of them) insist on the dissolution of the marriage.
Article 23 of the RF IC. Dissolution of marriage in court with mutual consent of the spouses to dissolve the marriage
1. If there is a mutual consent to the dissolution of the marriage of the spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the reasons for the divorce. The spouses have the right to submit to the court the agreement on children provided for in paragraph 1 of Article 24 of this Code. In the absence of such an agreement, or if the agreement violates the interests of children, the court shall take measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.
2. The dissolution of a marriage shall be carried out by the court not earlier than the expiration of a month from the date of the submission by the spouses of an application for dissolution of the marriage.
Article 24 of the RF IC. Issues to be resolved by the court when deciding on divorce
1. In case of divorce in court, the spouses may submit to the court an agreement on who of them the minor children will live with, on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of the general property of the spouses.
2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, as well as if it is established that this agreement violates the interests of the children or one of the spouses, the court must:
determine with which of the parents the minor children will live after the divorce;
to determine from which of the parents and in what amounts the alimony for their children is collected;
at the request of the spouses (one of them) to divide the property that is in their joint ownership;
at the request of the spouse who has the right to receive maintenance from the other spouse, determine the amount of this maintenance.
3. If the division of property affects the interests of third parties, the court shall have the right to separate the requirement for the division of property into a separate proceeding.
Article 25 of the RF IC. The moment of termination of a marriage upon its dissolution
1. A marriage dissolved in a civil registry office shall terminate from the date of the state registration of the dissolution of the marriage in the civil registration book, and in the event of divorce in court - from the date of the entry into force of the court decision.
2. Divorce in court is subject to state registration in the manner established for state registration of acts of civil status.
The court is obliged, within three days from the date of entry into force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of marriage.
Spouses are not entitled to remarry before receiving a divorce certificate from the civil registry office at the place of residence of any of them.
Article 26 of the RF IC. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing
1. In the event of the appearance of a spouse declared by the court to be deceased or recognized by the court as missing, and the cancellation of the relevant court decisions, the marriage may be restored by the civil registry office upon a joint application of the spouses.
2. A marriage cannot be restored if the other spouse has remarried.
Answers to the most common divorce questions
I want to divorce my husband, he is against it. Which article to link to? He cheated on me.
Apply for divorce in court according to our model. You need to refer to Articles 21 and 23 of the Family Code of the Russian Federation.
Is it possible for a spouse to file an application for divorce at the registry office of the city of Moscow if the marriage was registered at the registry office of the city of St. Petersburg? Registration of the spouse in St. Petersburg, registration of the spouse in the city of Moscow.
According to Article 32 of the Federal Law “On Acts of Civil Status,” a spouse can submit an application for divorce at the registry office at the place of residence of one of the spouses or at the place of state registration of marriage. In your case, this means that you can apply to the registry office at the place of registration of any of the spouses, including in Moscow. If there is a mutual consent of the spouses to divorce and there are no joint minor children.
My husband has filed for divorce. If I don't go to the courts, how long will they divorce us? I want to delay the divorce.
Usually, a court hearing on such cases is scheduled one month after the filing of the statement of claim. If you want to drag out the divorce, you need to go to court and declare that saving the family is still possible, ask for the maximum possible time for reconciliation. If you are persuasive, the Justice of the Peace will give a maximum of 3 months time for reconciliation. Argument your position precisely with the desire to save the family. If you do not want to go to court, you can write a statement in which you state in writing a request for time for reconciliation.
How can I apply for a divorce if my husband is in another city and cannot be present in person?
The personal presence of the husband in court is not required. After filing a statement of claim, the court notifies the defendant about the time and place of the proceedings, but his appearance is not required. He can write, if there is no such statement, the court will make a decision in absentia on the case. Please note in which cases you can file a claim for divorce at your place of residence.
My husband and I have lived for almost two years, we have a baby 1.7 months old. I want to get a divorce. Registered in different cities. Where should I apply? And I don't know where he is now. What should I do?
You can file a claim with the magistrate at your place of residence, indicate the last known address of your husband.
I want to divorce my husband, but we have a small child (2 months). Will I be able to do this without his consent or wait for the child to grow up?
The law does not set limits on divorce for women. The fact that you have a small child sets a divorce limit for your husband, but not for you.
My wife and I decided to divorce, in 2 weeks she will give birth. Is divorce even possible?
In your case, it is necessary to take into account Article 17 of the Family Code of the Russian Federation: A husband has no right to initiate a divorce case during the pregnancy of his wife and within a year after the birth of a child without the consent of his wife.
Since the dissolution of marriage will occur no earlier than a month after the filing of the application, then you need to go to court with a statement of claim. Divorce is possible if the wife does not object, gives consent to it, or she herself submits this application.
The divorce proceedings can take place both before the magistrate and in the district court. The rules for determining jurisdiction are contained in Articles 23, 24 and 29 of the Civil Procedure Code of the Russian Federation. Depending on the number of issues that the husband and wife could not solve peacefully, it will be determined in the court of what level the divorce proceedings will take place.
4.1.
According to statistics, 95% of all divorce proceedings take place before the magistrate. What is it connected with? The institute of justices of the peace, according to the judicial reform, was created to reduce the burden on district and city courts, therefore, magistrates' courts consider divorce proceedings of medium and low complexity, that is, processes that do not require a large evidence base or complex examinations. The law stipulated that all divorce proceedings take place in the magistrates' court, but together with the requirements for divorce, the initiator of the lawsuit (the plaintiff) has the right to declare claims in relation to children and claims in relation to property. In this situation, there are several rules.
4.1.1. Divorce by the magistrate - disputes about children
With regard to disputes about children arising simultaneously with the dissolution of the marriage, the magistrate considers only the claims for the recovery of alimony. At the same time, disputes about determining the place of residence of the child, that is, with which of the parents after the divorce the child will live, as well as the requirements for determining the procedure for communicating with the child, are subject to consideration in the district court. When in one lawsuit claims are made for divorce, the recovery of alimony and the determination of the child's place of residence, despite the fact that the first two claims are within the jurisdiction of the magistrate, the dissolution of the marriage will take place in the district court. We do not recommend filing claims for divorce with the decision of the question with which of the parents the child will remain. Firstly, when considering the question of which of the parents the child will live with, the opinion of the guardianship authority, which participates in the trial as a third party, must be taken into account. The guardianship authority formulates its opinion only after examining the living conditions of both parents. Secondly, divorce through court occurs with an increased emotional background and with an open conflict between mother and father - children should not see this. Thirdly, these two disputes have different jurisdiction. If in your situation the dispute about the place of residence of the child must be resolved simultaneously with the divorce, then the law allows you to file a claim for divorce with a magistrate and immediately file a claim with the district court to determine the place of residence of the child.
If the marriage fails, the husband and wife decide to divorce. Divorce in many cases is carried out through the courts. If the divorce occurs by mutual consent, then you should contact the registry office to complete the procedure. In the event that your partner does not want to divorce, you need to unilaterally file a lawsuit for divorce.
Circumstances in which the court is necessary:
- under 18 years old;
- if one of the spouses is against divorce;
- when one of the spouses does not appear at the registry office (evades), but theoretically approves of the divorce.
Let us examine the presented cases in more detail. In the first version, the situation is clear: the wife and husband have a common minor child (), but they do not want to continue living together. Then they have to go to court to get a divorce. The second case - one participant in the marriage union insists on its preservation, while the other does not agree to reconciliation. Such a couple will not be divorced, so they need to solve the problem through the courts.
The most interesting option is when the husband and wife agree to part with words, but one of them ignores this event and does not appear at the registry office on the appointed day. In this case, the initiator of the divorce can apply to the court with a claim for divorce.
Do spouses need to personally attend the trial
If the consent is mutual, but the spouses do not want to go personally through the formalities of divorce, then they can do it through their lawyers.
Divorce like this is a common occurrence in Western countries.
Is divorce possible in our country through court without the presence of a spouse? We will talk about this later in our article.
Dissolution of a marriage in the absence of one of the spouses is possible, as it is stipulated by the legislation of the Russian Federation. There are various options in which the court decides to terminate the marriage. For example, if a husband or wife wants to end the marriage, which is confirmed by notarized statements. The presence of a spouse is not required if a lawyer (legal representative) of the absent person has come to court. Divorce occurs if only one of the spouses is present at the meeting.
In Russian legislation, there are the following concepts of divorce in the absence of a husband (wife):
- dissolution of marriage without the presence of one party;
- the marriage is dissolved without the consent of the wife or husband.
Divorce without presence and without consent: what is the difference between these concepts
If one of the spouses is absent at the dissolution of the marriage, then this can be explained not by a refusal, but by serious reasons.
Divorce without presence is when the absent person approves the divorce and proves it with their consent in writing.
Such a document must be certified by a notary public.
The absent spouse has the right not to come in person, but to send his legal representative. Divorce without presence is possible if the married couple does not have children under 18 years of age. Particular cases also allow for divorce through court in the absence of one person. These include the following circumstances:
- aggression on the part of one of the spouses against the husband (wife);
- the spouse is a foreigner, lives outside of Russia;
- both spouses live abroad;
- the place of residence of the husband (wife) is unknown;
- one of the spouses does not have a residence permit.
You can get a divorce even if both parties are absent. To do this, the spouses must provide their representatives with powers of attorney (), which are notarized.
A completely different option is a divorce through the courts, if one of the spouses is against the dissolution of the marriage. Such cases are governed by Art. 22 IC RF. The court has the right to divorce the husband and wife in the absence of any of them at the hearing (Code of Civil Procedure, Art. 167). Divorce will take place through a court if one of the spouses is absent and the other party does not have a notarized document confirming his consent to the divorce.
If a husband or wife stubbornly postpones the execution of an application for divorce, then we are talking about evasion.
Then the case will be considered by the court (SK RF Art. 22,). Having accepted the statement of claim, the court, without clarifying the circumstances, will make a decision after a month.
At the same time, he notifies the defendant of the claim. The fact that the defendant is familiar with the content of the claim, with the date of the court session, is evidenced by his signature and notification of service.
A divorce case is simplified if the defendant files a divorce petition in his absence. The document must be certified by a notary. Such statements can be made by both parties when filing a claim or during the period of preparation for the consideration of the case.
It happens that a husband (wife) is not able to personally participate in the divorce proceedings for reasons such as disability, serious illness, or living in another country. In one of these options, there is a physical impossibility to be present in court. Then the absent spouse needs to document this impossibility. Confirmation of the fact that the person is familiar with the case will also be required.
Courts today allow videoconferencing between divorce parties living in different countries or cities. To use this option, the plaintiff or defendant must declare this option in advance.
The practice of such divorces
Divorce through court without the presence of one of the spouses is a common judicial practice.
The basis for the dissolution of a marriage is considered by law to be the unwillingness of the husband or wife to continue to marry.
An exception is the situation when the husband cannot divorce his pregnant wife without her consent.
A similar case is the impossibility of divorce from a wife in the presence of a common child under 1 year old. At the same time, the court does not limit the rights of the spouse. A woman can file for divorce immediately after having a baby or being in a position. In this case, she takes full responsibility for her material support.
In practice, men often bring suits to court without informing their wives of their intention to divorce. A woman finds out about this when she receives a notification to appear in court. The absence of both spouses at the trial is a common practice in divorce. Situations of this kind arise for various reasons: unwillingness to see a partner, lack of time, illness, the departure of one of the spouses, the partner's residence in another city, etc.
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