How to file, file for divorce if there are minor children. Closed court session. Preparation of a claim. Sample

People get married to live together, raise children, as a rule, they do it for love. All relations between a man and a woman related to marriage, divorce, raising children are regulated by law - the RF IC. Marriage is registered by the state body: ZAGS (registration of acts of civil status). To do this, citizens who have reached the age of 18 must submit an application, pay a state fee and go through the procedure for recording in the civil status register, that is, “sign”. This can be done at any registry office of the Russian Federation, not necessarily at the place of permanent registration.

Over the past 20 years in Russia, cases of cohabitation, birth and upbringing of children without registration are not uncommon. marital relations. Such marriages are called "civil marriages". Children born in a civil marriage are protected in rights on an equal basis with children from registered spouses. But the division of property of citizens living together without registration of relations is of great difficulty.

Of course, there is a procedure for proving a "civil" marriage: confirmation is common children, a joint expense account, cohabitation. The procedure provokes lengthy litigation: it is often not so easy to prove the fact of cohabitation or joint costs. And determining the share of participation in common acquisitions for each of the cohabitants is difficult for the most attentive and objective court. To simplify and regulate these issues, the institution of marriage was established by the state, the Family Code was adopted.

Some citizens get married in a church in addition to registering a marriage in a registry office. Orthodox Church does not require registration of a state marriage, but the wedding itself will not affect the legal status of the spouses. If they got married, but did not “sign” in the registry office, from the point of view of the law they are not husband and wife.

Termination of marriage in an administrative order

A marriage may be terminated for the following reasons:

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

The dissolution of a marriage, as well as its registration, is carried out government bodies. If the spouses dissolve the marriage by mutual agreement, and they do not have common children under 18 years old, the marriage can be dissolved upon their joint application to the registry office (administrative procedure for dissolution). If one of the spouses has minor child from previous marriage, this is not an obstacle to the administrative procedure for dissolution of marriage.

To dissolve the marriage in this case, the spouses need to come to the registry office and write joint statement(Clause 2, Article 33 of the Civil Status Act). Filing an application is paid a state fee of 200 rubles. from each spouse. If one of the spouses for some reason cannot personally appear at the registry office, the law provides for the possibility of notarizing his signature on the application. Divorce through a representative, by proxy, is not allowed. In the text of the application, in addition to the formal details that establish the identity of the spouses and the fact of their marriage, it is indicated which surnames each spouse chooses for himself during a divorce. Each spouse may reclaim their premarital surname without the consent of the other spouse. It is not required by law to indicate the reasons for the divorce in the application.

After filing an application by law (Article 19 of the UK), the spouses are given time for reconciliation - one month. After the expiration of this period (it cannot be reduced), the spouses must again appear at the registry office, where an entry will be made to the book of civil status acts on the dissolution of the marriage and the spouses will be issued an appropriate certificate.

Civil Registry Offices are not entitled to consider disputes between spouses:

on the division of property;
on the payment of maintenance to a needy disabled spouse.

All disputes are resolved in judicial order regardless of the dissolution of the marriage by the registry office. To do this, one of the spouses may submit statement of claim to court within three years of the divorce. The presence of such disputes does not preclude the administrative procedure for divorce.

Marriage in the administrative procedure in the registry offices may also be terminated at the request of one of the spouses in cases where the second spouse:

recognized by the court as missing;
recognized by the court as incompetent;
sentenced for committing a crime to imprisonment for a term of more than three years.

Termination of marriage by court order

If the spouses have common minor children (including adopted children), or one of the spouses does not agree to the dissolution of the marriage, it can be terminated only in court. To do this, one of the spouses (the plaintiff) must file a statement of claim with the court against the second spouse (the defendant). At this stage, he can seek the help of a divorce lawyer.

According to Art. 17 of the UK, a husband does not have the right, without the consent of his wife, to initiate a divorce case during his wife's pregnancy and within a year after the birth of a child. In other cases, spouses equal rights, and the will of one of them is enough for the divorce to take place, even if the second spouse does not agree with this. When one of the spouses in a quarrel shouts: “I will not give you a divorce!” - it's just an emotion.

Can't save marital relations by force, people are free to choose a partner and to be alone. The norm of Article 17 of the UK is designed to protect the rights of pregnant women and mothers, but it is unlikely that it fulfills its function in a practical sense. A man who is not allowed by law to apply for a divorce in court can leave, go to live in another place, and it can only be about the obligation to financially support the mother of his child during pregnancy, and himself after birth. But men bear this duty even after the dissolution of the marriage, if the child is brought up by the mother. Another thing is how they perform these duties, and what coercive measures the state can apply to those who evade them. In this sense, the status of a spouse or ex-spouse is irrelevant.

Art. 23 of the Code of Civil Procedure determines the generic jurisdiction of divorce cases. The magistrate considers:

cases of divorce, if there is no dispute between the spouses about children;
cases on the division between spouses of jointly acquired property with the value of the claim not exceeding fifty thousand rubles.

In other cases, the case is heard in the federal (district) court. Many believe that divorce should occur with the simultaneous division of property. In fact, it is not necessary, the division procedure, as well as the determination of the mode of living and raising common children, can take place both simultaneously with the divorce and after it.

It depends on the position of the plaintiff and the defendant which court will hear the case. If one of the spouses insists on the immediate division of property (and its size, as a rule, is more than 50,000 rubles), then a lawsuit must be filed with a federal court.

Territorial jurisdiction is determined by the place of residence of the defendant (Article 28 of the Code of Civil Procedure). The place of residence of a citizen is understood as the “place of primary residence” (Article 20 of the Civil Code). Usually, proof of a citizen's place of residence in court is the place of his permanent residence, which the court can find out (if the plaintiff cannot do it on his own) with the help of the Federal Registration Service. If at the moment the location of the defendant is unknown, the claim is brought at the last known place of residence of the defendant or at the location of his property (clause 1, article 29 of the Code of Civil Procedure).

In some cases, a lawsuit may be filed with a justice of the peace at the place of residence of the plaintiff (clause 4, article 29 of the Code of Civil Procedure):

if the plaintiff has minor children (confirmed by an extract from the house register);
if, for health reasons, it is difficult for the plaintiff to travel to the defendant's place of residence (medical documents are submitted to the court to confirm the circumstances).

Art. 32 of the Code of Civil Procedure also provides for contractual jurisdiction, the spouses can jointly decide on the court that will consider their case. The agreement of the spouses on the choice of the place of consideration must be drawn up in writing and submitted to the court when filing a claim.

The filing of a claim and the consideration of the case takes place in the usual manner, which does not make sense to describe in detail here, because most often the parties involve representatives - lawyers - to participate in the case. We only note that when filing a claim, it is necessary to pay a state fee - 200 rubles.

Spouses starting divorce proceedings should keep the following in mind.

List of facts confirming the impossibility of cohabitation

The main subject of proof in court are circumstances, facts confirming the impossibility of further cohabitation and preservation of the family (clause 1, article 22 of the UK). The list of these circumstances may include:

spouse's alcohol abuse;
adultery;
the presence of marital relations with another person;
cruel treatment with spouse or children

and much more. But it is enough for one of the spouses to firmly state in court that personal relationships in the family are interrupted and cannot be restored, and that will be enough. In other words, it is not necessary to accuse the defendant of some "family" sins in court. The persistent will of one of the spouses is sufficient grounds for dissolution of marriage.

An attempt by a spouse who does not want a divorce to avoid it without receiving a subpoena and not appearing at the meeting will lead to nothing. If the defendant is notified by subpoena but does not appear in court, at the third hearing the judge will decide on the claim and the marriage will be dissolved. If the summons is not served, the marriage will still be annulled, and the defendant will be recognized as long-term absent from the place of permanent residence. It just takes a little more time.

After the court makes a decision on the dissolution of the marriage and its entry into force (the court decision can be appealed in an appeal, cassation, supervisory procedure), this decision must be presented to the registry office, which will make an appropriate entry in the civil status register and issue a certificate of divorce.

Sometimes people, entering into close relationships, but not getting married, lead a joint household, give birth to children. Then, when the time comes to part, a lot of problems arise with the division of jointly acquired property.

Alternatively, spouses living in official marriage, may actually stop family relationships but don't file for divorce. After many years, one of the spouses will want to remarry, and for this he will start filing a divorce with a spouse with whom close relations have long been terminated. And then it turns out that all the property acquired by him during the break in relations is formally considered jointly acquired, and it should be divided in half with the former spouse.

Of such kind unpleasant situations arise when the legal status of the relationship does not correspond to the actual, real status. Therefore, I will allow myself to give advice to all people entering into close relationships: formalize them legally in time, the institution of marriage was created by the state to protect your rights.

To dissolve a marriage means to officially end the relationship between two people. Today, it is not enough to live separately and stop communicating, it is necessary to conduct a legal divorce procedure through the registry office or in court. At the same time, there is a certain procedure for divorce through the registry office at the end of the process, which citizens receive the appropriate document.

Due to the relevance of the topic raised, this review will provide comprehensive information on such questions as: how to get a divorce through the registry office, what is needed for a divorce in the registry office, is it possible to get a divorce if there are children, what are the rules for divorce and how to write a divorce application.

Also, all readers have access to sample documents and standard forms that can be downloaded in a free format.

At the service of visitors to the portal - free consultations family law lawyers.

A popular question that many couples ask when deciding to terminate a relationship is “How to file a divorce through the registry office.” Note that even if only one side wishes, this will happen. The only thing is that such a process will be considered already in the judiciary. Therefore, from reluctance and all kinds of evasion, this will not affect the legal side in any way. For the main postulate of the Constitution of the Russian Federation is "Where the freedom of one person begins, the freedom of another ends."

However, Russian legislation provides for exceptional cases in which the opinion of the party will always be taken into account. In what cases is this possible:

if the spouse bears a joint child;
if the spouse is raising common child or children between 1 and 3 years of age.

However, at the same time, the spouse has the right to apply for divorce in court if the wife gives such consent. In practice, such situations rarely occur. It should be noted that even with a stillborn fetus or death after birth, the spouse will have to wait 12 months in order to file a lawsuit for a divorce without a trial.

A divorcee has the right to go to the registry office or send a claim to the court (civil or magistrate). It depends on the fact that there are joint minor children and whether it is necessary to divide the property. Important point- even with such a question, the spouses can reach an amicable agreement, fix it on paper with a notary and thereby initiate divorce proceedings through the registry office. To find out how to do this correctly, contact the portal specialists who will answer your questions for free.

How is the termination of marriage through the registry office?

This section lists the two most common cases when filing a divorce at the registry office in 2019.

There is consent of the other party

The procedure for divorce through the registry office is carried out in a simple and least painless way, not only for spouses, but also for relatives. To do this, you should visit the registry office, as a rule, this is the branch where the marriage was registered. Take a sample from there that suits your case and fill it in correctly. In the absence of factors such as joint children and a conflict over the division of property, a divorce will be carried out at a branch of the registry office.

Similar actions will be taken if one party is unable to appear at the trial. Here, before visiting the registry office, you need to come to a notary and draw up a legally correct consent to divorce.

If the spouse or wife is in prison, then the application must be certified by the head of this institution.

In the past few years, the state portal of services for the population has been developed in the country. Also open everywhere multifunctional centers where you can file a divorce at the registry office in 2019 in Russia.

Application to the registry office from one side

It is also possible to file a divorce in the registry office without asking the faithful. However, such cases are clearly spelled out in the IC of Russia, namely:

When a court finds a spouse guilty and deprives him of his freedom to serve a prison sentence of 3 years or more. When applying, attach a copy judgment on this issue.
The second half of the couple was declared legally incompetent by the judicial authority. The corresponding decision should be attached to the divorce documents through the registry office.
A situation in which one of the parties is missing. The evidence is a copy of the decision.

If your situation fits these conditions, then after reading this article you will no longer wonder "How to get a divorce without a trial." Read on to learn how to file for divorce and how to file it legally.

Correct wording for divorce

Divorce in the registry office upon reaching a mutual decision between the parties involves filing a divorce application with the registry office. At the same time, as noted above, when submitting an application, it is allowed to provide a second consent in the form of a notarized document.

Divorce in 2019 through the registry office should take place on the basis of an application in a form that fits the situation:

Samples of each form can be downloaded on the portal free of charge.

The application must include a mandatory clause about:

contact details of the parties;
registration certificate number marriage union;
Where did the registration take place?
the fact of the absence of a joint child;
nationality is indicated at will;
in case of divorce, fill in the column “Last name after”.

After the application is written, it is necessary to take the details of the selected body and pay the state fee in the amount of 650 rubles. for each or 350 rubles. in cases provided for as exceptional. The submitted document is certified by a receipt of payment made in without fail. Otherwise, it may be denied acceptance.

In case of divorce through the registry office in which the spouse died, this certificate must be attached. The application for divorce in the registry office does not indicate the reason, which is a significant psychological plus, unlike the courtroom.

Additional Information

For a divorce without a trial, you should consider such nuances as:

Failure to appear at the department for an unexcused reason entails the applicant's right to receive a positive decision at the first meeting with the department staff. Valid reasons include if the terminator cannot be present for the reason: severe course illness, stay in long business trip at a remote distance, a call to army service. A possible way out of this situation is to provide written permission.
If there was conflict situation, with regards to the division of jointly acquired property, a divorce can also be formalized in the registry office. It goes like this: first, the marriage is dissolved in the registry office, and then initiated litigation by division of property. Detailed information ask the lawyers of the portal.
Divorce in the registry office is allowed only if it was registered on the territory of Russia. In all other cases, the application will be rejected.

It is noteworthy that backtracking after the completion of the process is not permitted by law, i.e. if the decision was mutual and both parties are capable.

Duration of the divorce process

How a divorce occurs and how to apply for a divorce to the registry office - the reader already knows. Now it is necessary to touch upon the moment of the period in which the correct divorce proceedings are carried out.

So, starting from the date of filing the application, the parties are given one calendar month in order to weigh everything. After all, quite often a husband and wife go to the registry office while staying in stressful condition after the strife. That is why such a period is given to withdraw the application. If this happens, then the divorce procedure states that the entire process will be canceled, but the state fee will not be returned. Therefore, if you do not pick up applications within this period, then upon its expiration, the procedure will automatically end.

On the appointed date, the spouses come to the registry office for divorce. This is done in order to obtain a document certifying a divorce. Employees of the body make an entry in the act, put stamps in passports, and from that moment on, the social condition of people changes. It is noteworthy that the appearance of one of the spouses is enough for a certificate to be obtained, and the marriage was officially recognized as dissolved. The second spouse, who has dissolved the marriage, can visit the department at a convenient time for him. This one has no effect on the situation.

The period of the divorce case may be changed if both spouses express their desire to do so. Increase the time for consideration, required in cases where the appeal goes to court due to a change in the decision of one of the parties. Submission in progress statement of claim, the main requirement of which is the termination of marital relations. In this case, the process will be delayed in time, because. each situation is considered on an individual basis.

Important information: The divorce process takes place in accordance with the rules of the Russian Investigative Committee, namely Art. No. 19 and Chapter No. 4 of the Federal Law “On acts of civil status. They contain full information on the conditions of divorce in the registry office, incl. requirements for applications, the procedure for its submission and, accordingly, the procedure itself.

Sometimes in a family there is such a misfortune as a divorce. From now on, people decide to go their own way through life and plan to end family relationships. And here the question arises: where to file for divorce? In our article, we will consider how to get through such a difficult emotionally procedure, what documents are needed for this and where a divorce is filed if there is a child.

It doesn't matter where you live. In order to answer the question of where to file for divorce in Moscow or any other city, you must first establish the reasons why you decided to dissolve the marriage and the accompanying conditions. The marriage will be dissolved on the terms established by family law. Relations related to the divorce process are clearly regulated family code Russian Federation, in accordance with the terms of which it is allowed to formalize a divorce by the will of one of the spouses, as well as by mutual agreement. The guardian of the spouse recognized as legally incompetent also has the right to demand the dissolution of the marriage. Regarding divorce, there are also a number of restrictions under which the husband does not have the right to insist on it:

1. During the pregnancy of the spouse.
2. Within 1 year from the date of birth of the child.

Where should you file for divorce? The current legislation establishes only two possible places:

1. It is possible to issue a divorce in the registry office.
2. You can file a divorce in court.

There are a number of restrictions on either account, which we will discuss in more detail below.

Divorce proceedings at the registry office

The question of where to file for divorce is decided depending on the situation. It is possible to dissolve a marriage in the registry office, this process is much simpler and faster than in court.

It is possible to formalize the termination of family relations in the registry office in several cases:

1. If the desire to dissolve the marriage is mutual and there are no any kind of claims against each other.
2. If the parties do not have children under the age of 18.

There are situations when you can get a divorce in the registry office if you have common small children. This is possible in the following cases:

1. One of their spouses has been declared legally incompetent.
2. One of the parties to the marriage relationship is declared missing.
3. Either of the couple is convicted and the punishment is imprisonment for more than three years.

According to the provisions of the current legislation, a marriage subject to dissolution with the registry office is terminated within a month from the date of receipt of such a request.

Divorce in the registry office. List of documents

In order to get a divorce at the registry office, you need to submit the following documents:

1. Passports of both spouses. The originals are shown.
2. Application for termination of marriage. It is submitted according to the form provided by the registry office staff.
3. Pay the state fee. It should be noted that in 2016 it increased significantly compared to 2014 and now amounts to 650 rubles. It should be noted that in case of a mutual declaration of divorce, both spouses are obliged to pay it.
4. When filing a divorce through the registry office at the request of one of the spouses, the cost of the state duty is set at 350 rubles.

It should be noted that in this case, not only the divorce process itself is paid, but also the issuance of a new certificate. That is, there are no more fees to pay in this case. Until 2015, the filing of an application was paid separately, and then the issuance of a certificate of divorce.

Each registry office has separate details for payment, so you must apply in advance for a receipt.

Where to file for divorce if you have a child

The procedure for dissolution of marriage, if the couple has a child or even several children, is somewhat different. This rule applies if they are under 18 years of age. Termination of family relations will be possible only in court.
You can dissolve a marriage through the court in the following cases:

1. If there is a child. The dissolution of marriage is carried out when the facts are established, as well as according to the applicants that living together impossible, the general economy is not conducted. At the same time, the court has the right to set a period for reconciliation of the spouses, equal to three months, and to postpone the court hearing.

2. If one of the spouses does not give his consent to the divorce. At the same time, the court must establish the facts that the further life of the spouses is impossible, the joint household is not conducted.
3. One of the spouses evades the divorce process, which could be formalized in the registry office.

In all cases, the marriage is dissolved after it has been established that reconciliation is impossible.

List of documents for divorce in court

In order to dissolve a marriage in court, you must prepare the following papers:
1. Passport of the applicant. The original and the copy are presented.
2. Original marriage certificate. Seized by the court in the event of a divorce.
3. If you have small children - copies of their birth certificates.
4. State duty. Today its size is 650 rubles. It can be paid at any branch of the bank. At the same time, if the check is issued in black ink, it must be certified with the blue seal of the bank that made the payment, and if the check is printed in blue or lilac ink, there is no need for certification in this case.

The indicated documents in the amount of two copies for each of the parties to the case (as required by the Code of Civil Procedure of the Russian Federation) are submitted to the court. In this case, the court independently sends a package of documents to the defendant with the application of the agenda for the appointment of the court session.
As a rule, the consideration of the case is carried out in two stages - preparation for litigation and the litigation itself.

Where to apply

When filing a divorce through the registry office, you can contact the authority at the place of residence of the spouses, and if their registration addresses differ, then at the place of residence of one of them to choose from.

Claims for divorce are considered by magistrates without property claims from the spouses:

1. At the place of residence of the party that will be the defendant in the case.
2. At the place of residence of the plaintiff, if he lives with a small child.

If there is a property or other dispute between the spouses, such cases must be considered in the courts of district significance. The dispute on the division of property will be resolved in court at the location of such property. When resolving the question of where to file for divorce, first of all, you need to decide what requirements you have for your ex-spouse, how and with whom the children will live, what is the procedure for paying alimony, and only on this basis decide which court will have jurisdiction over your case.

If the marriage was terminated in the registry office, further disputes between the parties are subject to consideration in court.

In case of a divorce through the registry office, the marriage is terminated immediately after making a record of its termination, as well as affixing a seal to the spouses' passports.

If there is a court decision in hand, then it is necessary to wait until it enters into force, and this is a month after its issuance, and only then apply to the registry office for the issuance of a certificate of termination of marriage and affixing a seal.

In this article, we have tried to answer in detail the question of where to file for divorce. Having studied this information, you can significantly reduce the time that will be spent on such an unpleasant procedure as divorce. And also to understand where to file for divorce, if there is a child, and in which case this procedure is greatly simplified.

When spouses divorce the most simple and traditional way- through the registry office, it is not possible, then you will have to file a divorce through the courts.

You will have to apply for a divorce in court in two cases:

A divorcing couple has common children who have not reached the age of majority. The court, which stands for the protection of childhood, must make sure that the divorce of the parents in no way infringes on the rights of the child. Common will be not only children born in this marriage, but also those who were adopted by the spouses during the period of cohabitation. How many divorce lasts, if there is a child, read in our article -
One spouse opposes divorce. It can be both a wife and a husband. This also includes the case when the whereabouts of one of the spouses is not established, or he deliberately does not show up for divorce. But this will not be a guarantee of the preservation of the family, but will only delay the divorce proceedings through the court. A woman who does not agree to terminate the marriage has immunity from divorce, but only under two circumstances: if she is pregnant by her husband or they have common child under the age of one year.

Spouses have several more reasons to go to court during a divorce - when they cannot independently resolve the issue of dividing property acquired in marriage, cannot decide with whom the children will live after the divorce, and which of them and in what amount will pay alimony. These issues can be resolved both within the framework of the divorce process, and separately, when the divorce is already registered in the registry office.

Which court to file for divorce

According to the principle of territoriality, it is necessary to apply for a divorce through the court in the district of residence of the defendant. If his location is not established, then it is taken into account where he is registered or lived in Lately.

The plaintiff will be able to achieve in order to file an application-claim in court, taking into account the place of his residence. The reason for this may be:

cohabitation with her minor child(children)
impossibility to come to the court in the area where the defendant lives due to the state of health,
the defendant has been declared legally incompetent, missing, or sentenced to imprisonment for more than three years,
along with the application for divorce, a claim for alimony for minor children is filed.

It is difficult for a plaintiff who is divorcing or applying to a judicial authority for the first time to immediately determine which court hears divorce cases. All divorce cases are under the jurisdiction of justices of the peace and are considered by them. But two categories of divorce cases will be resolved in court general jurisdiction, that is, in the city, district or court of the subject Russian Federation.

In the absence of an agreement on the fate of the children. In such cases, the spouses could not independently decide with whom their common children would live after a divorce, or according to what schedule and in what order father or mother would see them, taking into account separation.
In the absence of an agreement on the division common property acquired during the period of marriage. These are divorce cases in which an apartment or other expensive property worth more than 50,000 rubles occurs in parallel.

How to file for divorce through the courts

To start the divorce process, you need to fill out a divorce application form in court. You will find a sample of such a statement of claim in the conclusion of our article, and about how to file an application for divorce, we describe in detail in another.

If you are applying to the magistrate, then in it you need to indicate:
in header:

number judicial district,
personal data of the plaintiff (name, address, telephone number),
respondent's personal data (name, address, phone number),

in the text of the statement:

date of marriage
Name of spouse
date until which they lived together,
information about children, their gender and age,
information about a previously registered marriage,

Be sure to indicate the reason for the divorce. But you don’t need to write a lot and emotionally, but you need to be short and on the topic (drunkenness, assault, treason, infertility, etc.).

A little about the causes of divorce in numbers

30% of all divorces occur due to dissimilarity of characters. Bad habits(alcoholism and drug addiction) are the cause of 16% of divorces. Cheating is in third place: 8% of divorces are due to her fault.

It is also necessary to indicate that the divorcees do not have disputes about children and jointly acquired property. As evidence, it is desirable to attach to the application an agreement on determining the place of residence of the child and meetings with him of the second parent, an agreement on the division of property, a voluntary agreement on alimony. They are not required, but desirable.

At the end of the application, a list of documents that are attached to it is indicated, and it is signed by the plaintiff with an indication of the date.

A statement of claim for a divorce in a court of general jurisdiction is similar in form to that filed with a justice of the peace, but it must describe in detail the essence of the dispute that arose between the spouses. When filing such an application, it is advisable for the plaintiff to turn to the services of lawyers who will help take into account all the subtleties of these difficult cases.

What documents are needed

The documents required for a divorce through the court are attached to the statement of claim. Their package varies depending on whether the court decides only the issue of divorce or other disputes, the defendant is in court or his location is not established. The judge has the right to request additional documents during the court session.

Required Documents:

a statement of claim of a certain type,
passport (of the plaintiff or both spouses),
Marriage certificate,
metrics of minor children (if they are born from this marriage or adopted in it);

Additionally, taking into account the resolved disputes or other circumstances, you can attach yourself or at the request of the judge:

a statement of claim for the division of jointly acquired property or determination of the place of residence of joint children,
a power of attorney, if the interests of the divorcees in court are protected by their representatives, a receipt for payment of an additional state duty, if, in parallel with the divorce, issues of the division of property and the place of residence of children are resolved,
agreement on cohabitation with children after divorce
agreement on the division of property purchased in marriage,
voluntary agreement on the payment of alimony,
certificate of the place of work and income of the defendant, if the issue of alimony is resolved in parallel,
a court decision declaring a spouse deprived of legal capacity or missing,
a court verdict, according to which the second spouse is sentenced to serving a sentence in the MLS.

When the application has already been written

After filing an application for divorce through the court, you need to control the process of its acceptance into proceedings. Such an application is usually considered within one month. But there is no exact guarantee that it will be taken into consideration by the court.
The court may refuse to accept an application for proceedings if:

this claim should be considered in a different judicial procedure,
the application is submitted by a person, body or organization that is not entitled to submit it,
the lawsuit disputes acts that are not related to the person filing it,
on a dispute similar to that indicated in the application, there is already a court decision,
This dispute has already been arbitrated.

The court will return the application if:

the plaintiff did not comply with the established pre-trial procedure for settling the dispute,
the application has been filed with a judicial authority that has no jurisdiction over it,
the claim is filed by a person deprived of legal capacity,
the application was submitted by an unauthorized person,
a similar case is pending before the arbitral tribunal,
the plaintiff received an application for the return of the claim (if the court ruling on its acceptance for proceedings has not yet been issued).

The court will leave the application for divorce without movement if:

it contains some flaws in form and content,
it contains incomplete information,
not attached to it complete list documents.

Any of these decisions will be notified to the applicant in writing.

If the application is left without progress, the judge will offer to correct the shortcomings, giving some time for this.

Divorce process through court

After accepting the divorce application for proceedings, the judge will set a date for the consideration of the case and notify the plaintiff, defendant and other interested parties of the time and place where court hearing.

Ideally, both spouses should be present in a divorce case. After all, the court will find out all the reasons for the impossibility of further family life, the circumstances that led to discord in the family, listen to the arguments and opinions of both parties on this issue.

The defendant may not appear at the hearing, but this will not guarantee the preservation of the family for him. If the judge considers that his absence from the divorce proceedings is not caused by valid reasons, he will be able to make a decision on divorce without his consent at the first meeting. But usually the meeting is postponed for a certain period, so that both spouses come to the meeting room and there is an opportunity
listen to the views of both sides.

In practice, if the judge sees even the slightest chance to save the family, and the spouse who disagrees with the divorce insists on living together, the couple is given a period of up to three months for reconciliation. If the spouses both agree to divorce, but they had to go to court only because of the children, or they came to a mutual positive decision while waiting for the trial, then the judge will be able to make a divorce decision at the very first meeting.

If both spouses did not appear at the court session and did not inform about the reasons for the absence, the judge has the right to regard this as a reconciliation and terminate the proceedings.

But if it is not possible to reconcile the spouses, and at least one of them insists on a divorce, the judge decides to dissolve the marriage. The justice of the peace will be able to consider the case without the participation of the parties, provided that both of them are not against a divorce, there is no dispute about children and property, they were duly notified, but did not appear at the hearing. In a court of general jurisdiction, where more global issues are resolved, the presence of both parties is highly desirable.

If one spouse disagrees with the court decision, he will be able to appeal it to a higher judicial authority. The decision of the justice of the peace - to the court of the city or district, the decision of the court of general jurisdiction - to the regional court or the court of the subject of the Russian Federation.

What is desirable to agree before the divorce process through the court

Divorce often, and even almost always, involves questions about joint children and about joint property. They can be considered in court along with divorce. Especially if there is no agreement on them between the spouses. If trust remains between the spouses, then in the statement of claim or in court, you can simply indicate that there are no disputes about children, property and alimony.

But it is still desirable to play it safe and conclude an agreement on each item.

Agreement on the division of jointly acquired property. It makes sense to draw it up if the spouses have something to share, and if they did not draw up a marriage contract.
Agreement on the place of residence of the child (children), the procedure for visiting him. It should be concluded in order to be sure that the child will live with only one parent, and the second will see him without restrictions or according to the agreement and provide material assistance.
Voluntary agreement on alimony. In it, the spouses can fix the procedure for paying one of them alimony for the maintenance of a child in certain deadlines, in a fixed amount and on agreed terms.

An obligatory condition of the agreement is the consent of both spouses with its clauses, this is confirmed by signatures. Ideally, it must be certified in a notary's office, then it will have the legal force of an official document.

Is it possible to divorce in court without a second spouse?

Available. If he was duly notified by the court of the upcoming court hearings, but did not appear at them three times and did not indicate any good reasons for his absence.

Defendants mistakenly believe that if they do not go to court for divorce, they will save the marriage. Judges of the peace have a maximum period of consideration of a divorce case - 2 months, in district court- 3 months. Then a decision is made either on divorce or on termination of the case and reconciliation of the spouses.

Reconciliation only happens when mutual agreement spouses or in case of disrespectful failure of both to appear at the process. In other cases - only a divorce.

We receive divorce papers

Judgment The divorce decree comes into force 10 days after its issuance. Provided that it has not been challenged by the parties.

Then it goes to territorial body The registry office at the place of residence of the defendant (or the plaintiff, depending on where the case was considered). Spouses with a court decision on divorce that has entered into force must apply to the registry office and, in accordance with Article 35 of the RF IC, write an application for registration of this fact. A month later, it will be possible to receive a certificate of divorce in your hands.

If you have any questions regarding the divorce procedure through the courts, you can ask them below in the comments.

In life, situations sometimes arise when it is already too late to solve problems and it is required radical measures to get out of circumstances that were not in our favor. Exactly like this difficult situation is divorce.

When it becomes necessary to go to the registry office for a negative reason, a number of questions arise. What is needed for this? How to do everything quickly and correctly so as not to delay the procedure?

The answer to this question is, in principle, quite simple. However, it is not easy to figure it out on your own, even if you try to study family law. Therefore, it is better to get acquainted with the recommendations of specialists.

So, the divorce procedure begins with finding out the consent of both parties to the marriage to dissolve it.

The liquidation of a marriage is possible with the mutual consent of both spouses and upon mutual application to the registry office. IN this case after 30 days the marriage will be dissolved.

Exceptions are cases where one of the two spouses does not agree to a divorce, is declared legally incompetent, is considered missing, or is serving a sentence imposed by the court and exceeding a period of 3 years. Marriages in which there are minor children are only terminated by judicial procedure. Then one of the parties is sued.

In order for the divorce procedure to be started by the participants on their own, it is necessary to fulfill the requirements of the court, which include collecting the documents necessary for this, drawing up an application, and submitting the prepared papers to the court.

The divorce procedure involves the collection of the following documents.

Statement of claim (2 copies);
Marriage certificate;
birth certificate of the child (copy);
a copy of the house book confirming the defendant's residence;
receipt of payment of state duty;
other documents that the court may request for a particular process.

In this case, the participation of both parties in court hearings is required. If one of the parties for some reason (recognized by the court as valid) cannot participate in the meeting, the divorce procedure is postponed for more late deadline. Participants will be notified in advance of the date and time of the next meeting.

The date of the court session is appointed after pre-trial preparation, not earlier than thirty days from the date of filing the application.

During the trial, it is possible, if necessary, to divide the property, but this will delay the procedure in time. To prevent this from happening, the division of property can be carried out in a separate process - after the marriage has already been dissolved.

Since the divorce procedure is lengthy and burdensome for the participants, recently there have been more and more frequent cases of involving legal intermediaries in the processes - representatives in court. This allows you not to attend the court in person and save your nerves and time.

According to the results judicial review an application for recognition of marriage as invalid, an extract from the court decision is issued and the marriage can be considered dissolved. This extract testifies to the accomplished fact of the divorce, however, for the final completion of the procedure, it is necessary to apply with this extract to the registry office. Only in this case the divorce procedure is legally considered completed. According to Art. 25 of the Family Code of the Russian Federation, a marriage is considered invalid from the date of registration of its dissolution in the registration book or from the date the court decision enters into force. The court decision must be registered with the registry office at the place of original

The procedure ends with former spouses a certificate of divorce is issued. From that moment on, they have the right to enter into other marriages.