How to file for divorce in the Magistrates' Court. What documents are needed for divorce through court? Which court is the lawsuit filed in?

Let me remind you to get a divorce in judicial procedure, the following conditions are required:
1. the parties have joint minor children,
2. one of the spouses does not agree to divorce,
3. one of the spouses does not appear at the registry office for divorce.
Such a claim can be filed by any of the spouses, the guardian of the incapacitated spouse, and if there is public significance of the case, the prosecutor, if it is necessary to protect the interests of the incapacitated or missing person.
If the spouses do not argue about children or the division of property, then their case is considered by the magistrate court.

The claim is filed at the place of residence of the defendant.
If the children are with the plaintiff and live separately from the defendant, then such a claim can be filed at the plaintiff’s place of residence. In this case, you need to provide the court with a certificate from the house management about the children’s place of residence.
If, due to illness, it is difficult for the plaintiff to travel to the trial at the defendant’s place of residence, the case is considered at the plaintiff’s place of residence. In this case, the plaintiff must provide the court with a certificate of his health or pension certificate.
It is known that in civil proceedings there is contractual jurisdiction - in this case, the spouses must provide the court that they have chosen to hear the case with a written agreement on their choice of jurisdiction.
It is clear that the main document in a civil case is statement of claim. The content and form of the application must comply with the rules established by law. A family lawyer will tell you about this in detail and help you write the application correctly.
All circumstances stated in the statement of claim must be documented. This is, first of all:

1. copies of documents identifying the parties (passports) and confirming their place of residence,
2. marriage certificate,
3. birth certificates of children or their passports,
4. agreement on the further education and maintenance of children,
5. documents confirming the impossibility of getting a divorce through the registry office,
6. available written evidence of the impossibility of saving the marriage,
7. documents on the income of the parties, if there is a requirement for the collection of alimony,
8. petitions submitted before consideration of the case on the merits (for example, for payment of state fees in installments),
9. a copy of the statement of claim for the defendant,
10. receipt for payment of state duty, etc.
If the statement of claim has any shortcomings, it does not contain information necessary for the court, or the necessary documents are not attached, then the judge leaves such a statement without movement and sets a deadline for the plaintiff to correct the shortcomings. If the deficiencies are not eliminated within the deadline, the application is returned to the plaintiff.
The defendant has the right to submit to the magistrate's court documents proving his position in the case.
During the consideration of the case, the court may also request other documents related to the subject of the claim.

Divorce through the Magistrates' Court, documents after the process.

If the claim is satisfied, the magistrate court makes a decision on divorce. After the court decision comes into force, the parties receive a copy of it, with which they apply to the registry office to obtain a divorce certificate. A copy of such a certificate is issued to each of the spouses.

Today we have to figure out which court to file for divorce in. And in general, when exactly might this operation be required directly through the judicial authorities? After all, they don’t always get divorced in this order. In addition, you will also have to deal with the immediate deadlines for applying, the list necessary documents and all the intricacies of this process. In fact, divorce is very common. And not in all cases it is possible to solve the given problem peacefully. So what are the cases?

Peacefully

The first and simplest scenario is the one when you don’t have to think about which court to file for divorce in. After all, not in all cases a marriage is dissolved in court. Most often, you can do without these authorities.

That is, if you just want to divorce a marriage that, for example, did not last too long, then you should not think about going to court. Indeed, in practice, the union is dissolved in the same place where it is concluded - in the registry office. True, there are exceptional cases when you mandatory must contact the judicial authorities.

Joint terminations are usually issued through the registry office (by agreement of both parties), and also taking into account the absence common property and, of course, children. If “just a couple” comes in and wants to get a divorce, you can do this directly through the registry office at your or your spouse’s place of registration/residence, wherever it is convenient. Otherwise, you will have to think about which court to file for divorce.

Children

In principle, it has already been said that you can get rid of the task at hand without any problems. And without going to the courts. But this is not always possible. People usually think about which court to file for divorce in (in Omsk and other cities) if they have minor children.

Please note: in this situation, it will not be possible to carry out the process through the registry office. It is forbidden. Even if you don't have any arguments in principle. So the question remains open. Remember, when it comes to minor children, you will have to look for the answer to our question today. There are two options for the development of events. But only about them later. To begin with, when does it still make sense to think about which court to file for divorce (in Nizhny Tagil and other cities)? After all, this is additional paperwork. And sometimes it can be avoided.

Property

The next option that occurs is the presence of common property among the spouses, that is, jointly acquired property. Yes, usually divorces can be filed without the judiciary, but if there are children and property disputes, this is simply impossible.

Such rules have been established in Russia. It doesn't matter whether there is an agreement between you or not. You will still have to think about in which court you can file for divorce. In principle, as in the case of children, there are two options for treatment.

Dodgers

The list of cases when it is impossible to dissolve a marriage by applying to the registry office does not end there. We have already learned the most common scenarios - children and the presence of common property. But that's not all. The fact is that often one of the spouses does not agree with the divorce process. Moreover, he avoids visiting the registry office and does not express obvious disagreement.

In such a situation, you may wonder which court you should file for divorce in. It's not that difficult actually, because the choice is not that big. Remember: if one of the spouses evades the process, but at the same time obvious signs does not demonstrate protest, you can calmly dissolve the marriage in court. Just find out exactly how this is done.

Payments

What else should you pay attention to? For example, that there are still some situations that require mandatory appeal to the judicial authorities Russian Federation to carry out divorce proceedings. In fact, it is not so difficult to figure out where to “go” than to understand when to do it.

In addition to all of the above options, outside the registry office you will have to dissolve the union ex-spouses when there are any disputes. It has already become clear that the conversation could be about either property or children. But that's not all. You will have to think about which court to file for divorce (in Vologda, Kaliningrad, Moscow and other regions of the country) when you cannot resolve the issue of the amount of alimony paid to you for minor children. In this situation, you will have to really try hard. So which judicial authorities can and should be contacted in this or that case? And how exactly is it formatted? this process? What to prepare for? What might you need? Understanding all this is not so difficult if you start preparing in advance.

World judge

Are you wondering which court to file for divorce in? Worldwide - this is exactly how many will answer you. The thing is that this is where all the “family squabbles” that relate to the divorce process usually take place.

True, not in all situations this particular body will help you in carrying out the process. After all, there are limitations here too. You can go to the magistrate's court when you and your spouse have minor children, but you were able to agree on who they will live with. Not the most common, but very unpleasant case. If there are no disputes in any respect, and you also have children, then the magistrate’s court will help you in filing a divorce.

They also come here when they are completely absent. Especially if you have children. And at the same time, it will consider the application when the joint property does not exceed 50,000 rubles.

Which court should I file for divorce in? In the world! But this option is also relevant for cases where one of the spouses is a draft dodger. He does not appear at the registry office to divorce, but at the same time he does not express any obvious protest or reluctance to deal with this matter. So the option of a magistrate’s court quite often occurs. But not always. There is another alternative.

Area

Which court should I file for divorce in? District also takes place. And it is generally accepted that this particular situation will be accompanied by disputes, quarrels, and showdowns. Why? Everything is very easy and simple.

The fact is that in all other cases you will have to seek help here. If we describe everything point by point, we can identify situations in which there are disputes regarding children. Such cases are considered only in the district court; the magistrate will refuse you.

Among other things, they will also be decided in this judicial body without fail. Especially if the amount joint property exceeds 50,000 rubles. And it doesn’t matter whether there is a dispute between you or not. The fact remains a fact.

If there are disputes regarding alimony and its amounts, the district court also takes place. In all other cases, as a rule, the spouses either apply to the world court or formalize the divorce process with the help of the registry office. There is nothing particularly difficult here. But there is more than enough paperwork. So how to prepare properly? What is needed in this or that case?

The court won't help

There's no need to rush. Please note that it is not always possible to think about and decide in which court to file for divorce. The point is that laws are designed to protect families and their members. Therefore, there are exceptional cases when a marriage cannot be dissolved at all.

It makes no sense to think about which magistrate’s court to file for divorce (or district, it doesn’t matter) when it comes to pregnant women. In this situation, the man has no right to divorce. Of course, there are also deadlines. While the woman is pregnant. And in the first year of a baby’s life, the stronger sex also lacks this opportunity.

But a woman can apply for divorce. And in any court, depending on the situation. Although in practice, most often the process is formalized with the help of the registry office. It's not as difficult as it seems. So we learned all the options for the development of events. Now you can directly prepare for divorce. How exactly? Where to start? What can be useful in this or that case?

Documentation

Well, now you can proceed directly to collecting all the necessary documents. It is this process that is extremely important. Especially if you had to think about which court to file for divorce. After all, divorce in court has many nuances and subtleties. And paperwork is quite common here. So what does it take to achieve your goal?

You must file a claim. It contains the details of the parties (you and your spouse), as well as the address of the court to which you are applying. The reasons will also have to be communicated. In general, a standard application must contain all the relevant information that may be useful. A list of jointly acquired property, information about minor children, as well as your contacts and possible disinterested witnesses and persons who can confirm certain events - all this is written down in this document. Without it, there is simply no point in contacting the judicial authorities.

In addition, you will also have to attach your ID. More precisely, we're talking about about the passport. A copy of this will be required. It is also advisable to present your spouse’s passport. The exception is cases when the other party is clearly hiding and does not want a divorce and avoids it with all his might. But the personal passport data (of the plaintiff) is required to be presented to any court.

Marriage documents are also attached. And copies. If you have it on hand, you will either have to attach it in the original, or a copy certified by a notary will do. The absence of this document, even if it is available, is, in principle, a huge problem.

We figured out which court to go to. Moreover, it is now clear in what cases and where to “go”. But the above documents are not enough for your application to be accepted and considered. Why?

If you do not have children, then, as a rule, they do without a trial. In this situation, it is enough to go to the registry office with your passport and copies (don’t forget the marriage certificate), and then wait for some time. But the trial is a completely different matter.

Among other things, you are required to present birth certificates of your children. Without fail. Copies of these are attached to the application. True, we are talking only about minor children. If they are already over 18, then this document is simply not needed.

The list of all the essentials does not end there either. The divorce process is something that has many subtleties and nuances. Especially if you have property disputes. And, of course, when there are minor children. The second case will add significant paperwork to the above list of documents, regardless of where exactly you will apply - to the magistrates or district court.

Additionally

What other points should you pay attention to? An important point is the payment of the state fee for the divorce process. At the moment, there are two options for the development of events. The first is when two spouses agree to divorce. In this situation, you need to pay 650 rubles for divorce. But if you go to the courts, the payment is reduced. Not much, but still. IN in this case You will only have to pay 350 rubles for the “application”. Such rules apply in Russia as of 2016, changes occur here frequently. Therefore, the compliance of the data will have to be checked annually. After all, if the fee is not paid, you will not be able to dissolve the marriage.

In addition, you will also have to worry about proving your solvency. And demonstrate minimal worth. Especially when it comes to children. Indeed, in this case, the question of with whom they will live is decided in court. And you will have to confirm that the agency is able to provide all the most necessary for the child. Otherwise, if there is a dispute in the district court, you will be given a decision according to which the children will live with the other spouse. Like this subtle point. Figuring out which court to file for is even easier. But how can you prove your worth afterward?

What will help here? Documents on the ownership of real estate, any evidence that you have a roof over your head or your relatives can provide it to you, witnesses who will confirm your condition, income certificates, copies work book- all this will only help.

Special attention is paid to witnesses. Regardless of which court you file for divorce in, you should enlist outside support just in case. We need disinterested witnesses who can confirm your lifestyle, career, and health. By the way, it is also advisable to present a medical report on your state of health to the court. Especially if you have disputes regarding the residence of minor children. After all, the judicial authorities will never leave a child with a mentally unstable and, frankly speaking, sick person. Even if he can provide the baby with a decent standard of living.

Results

That's all. Now it is clear to which court you need to file for divorce in this or that case. Moreover, the whole process and its subtleties are no longer a mystery to us. After all, divorce is not such a simple matter as soon as the issue begins to concern judicial debate. In practice, this process usually takes quite a long time, especially if there are any serious disputes.

Please note that you may be given time to reconcile. Moreover, on average, a month is allocated for this, sometimes two. Particularly common practice in the magistrate's court. But if you refuse, then you can resume the debate after the appointed period. Didn't want to make peace? Then you will be divorced, taking into account all the documents that you presented.

In general, it is advisable not to bring the matter to court. Yes, even before the divorce. Try to take a closer look at your partner before committing your life to him. Then you won’t have to think again about which court to file for divorce. After all, you can do without this process altogether.

Is your decision to divorce final and irrevocable? Be prepared for a difficult and sometimes protracted divorce process. Especially if there are circumstances in your family in which case divorce is carried out in court.

In what cases are divorces done in court?

The law provides for several conditions:

1. Presence of common minor children

Even if both spouses want to divorce, the court is obliged to protect the rights of their minor children. The following issues are resolved in court:

with which spouse the children will live after the divorce;
who will raise children and how;
who will pay child support.

Did the parents themselves come to a consensus on this matter? Then they can submit their agreement to the court. If the children's rights are not violated, the court will approve the parents' agreement by its decision.

2. Lack of consent to divorce of one of the spouses

It is not always possible for spouses to achieve solidarity if family relationships are on the verge of divorce. If, in the process of considering the case and clarifying the motives and reasons for the divorce, the court comes to the conclusion that saving the marriage is impossible, it makes a decision on divorce. That is, it satisfies the desire of the divorce initiator despite the disagreement of the opposite party.

If, during the divorce process, the possibility of preserving the family becomes obvious due to categorical disagreement with the divorce of one of the parties, the court may set a deadline for reconciliation of the spouses. After completion of this period, the final decision is made. .

3. Avoidance of divorce proceedings

Often a situation arises when the spouse does not express categorical disagreement with the divorce, but does not allow the matter to be brought to its logical conclusion. He avoids visiting the registry office, filing an application and conducting the divorce procedure, does not file a petition to consider the case in his absence, etc. In this case, the second spouse has no choice but to file for divorce through the court. This norm provided for in Art. 21 IC of the Russian Federation.

Divorce through court. Global or regional?

In the process, a logical question arises: in which case is divorce carried out in the magistrate’s court, and in which case in the district court?

As a rule, divorce is carried out before a magistrate. And only if disputes arise between spouses about the division of joint property, about determining the place of residence of children, about the conditions for keeping and raising children, the divorce process is carried out in a district court.

As is clear from the above, it is much easier and more effective to file a divorce in a magistrate’s court. A district court divorce is more complex, time-consuming, and costly—both procedurally and emotionally. After all, important property and personal disputes will have to be resolved in court, and intimate aspects of the relationship between spouses will have to be revealed. Therefore, divorce through a district court should be resorted to only in exceptional cases - if it is impossible to resolve the conflict between spouses about children or property.

How to get a divorce through the Magistrates' Court?

First of all, everything needs to be resolved controversial issues before going to court. Mutual agreement spouses for divorce and the absence of disputes about children or property is the basis for divorce in the magistrate's court.

For example, in order to file a divorce through a magistrates’ court with children, it is necessary to draw up an agreement that will define the essential provisions:

with which spouse will the minor children (or each of the children) live after the divorce;
which spouse will be assigned alimony obligations, in what amounts will alimony be collected for children, and in some cases, also for the spouse entitled to maintenance;
implementation procedure parental rights the spouse who will live separately from the children.

This agreement is one of mandatory documents for divorce through the magistrates' court with children.

Divorce procedure through the court. Stages. Rules. Instructions.

Let's talk briefly about how a divorce takes place in the magistrate's court. The process takes place strictly in accordance with procedural legislation and consists of several main stages:

The plaintiff files;
The court accepts the application and sets a hearing date;
Next, the consideration takes the form of a court hearing;
The court makes a decision;
The court decision comes into force;
The parties receive a copy of the court decision;
The parties apply.

Let's look at each of these stages in more detail.

Preparation of a statement of claim and divorce documents

The well-known concept of “filing for divorce” means preparing and submitting to the court a correctly drawn up statement of claim for divorce and complete package necessary documents.

The application for divorce must comply with the established form and contain all the necessary information:

name of the magistrate or district court;
information about the plaintiff and defendant: full name, place of registration and actual residence;
date and place of marriage registration;
information about the presence of common minor children;

Learn more about the requirements You can see the contents of the statement of claim, the list of required documents, view the sample and download the form in the article ““.

How to apply to court for divorce?

An application for divorce must be filed with the court at the place of residence of the defendant, with the exception of cases when filing an application at the place of residence of the plaintiff is allowed (in the presence of minor children or due to health conditions).

Acceptance of the claim by the court

If the statement of claim and documents are accepted, the court sets a date preliminary meeting(at which the court will determine the readiness of the case materials for consideration, and will also make attempts to reconcile the parties and invite them to enter into a settlement agreement) and main meeting(at which the circumstances of the case will be considered and a decision will be made). The date of the first court hearing is set no earlier than a month after filing the application, of which the parties are notified by summons.

Consideration of the case at a court hearing

During the formal part of the court session, the appearance of the parties is checked, the rights and obligations are explained, and the petitions submitted by the parties are considered. Next, the court gives the floor to the parties: listens to the plaintiff’s demands, the defendant’s agreement or disagreement with these demands, and considers the parties’ evidence. The last part of the court session is the debate - alternate statements by the parties regarding the claims and appeals to the court for their satisfaction.

What questions does the judge ask?

Upcoming court hearings can cause fear and anxiety, especially for those who have never been involved in one. But it is important to understand that the divorce process is a formal procedure that does not involve “bringing to light” deeply personal details married life, and is not at all similar to thematic scenes from television programs and feature films.

However, the court will ask the spouses questions because the information contained in the documents is not enough to fully examine the case.

What questions may be asked at the court hearing?

What are the reasons for divorce?

Perhaps this is the very first and predictable question. Depending on what circumstances prompt the spouses to dissolve the marriage, the court will make conclusions about the possibility or impossibility of preserving the family.

If the intention to divorce is not sufficiently justified (quarrels, disagreements, fading feelings, burden of responsibility), the court may assign the spouses 1-3 months (Clause 2 of Article 22 of the RF IC). If the court determines that the reasons for divorce are sufficiently justified ( separation, betrayal, domestic violence), and reconciliation is impossible, the marriage will be dissolved immediately, without setting a reconciliation period (Clause 1 of Article 22 of the RF IC).

Does the second spouse agree or disagree to divorce?

The fact that one of the spouses had to go to court is already indirect evidence that he did not receive the consent of the second spouse to divorce. But not always. It happens that spouses cannot divorce in a simplified manner (through the registry office) due to the presence of children, although both want it.

One way or another, the court will find out to what extent the intention to dissolve the marriage is consensual. If yes, the marriage will be dissolved without delay. , the court may postpone the final decision and give the couple a chance to reconcile.

Where will the children live?

It is advisable for spouses to decide before this issue is raised in court. In this case, the decision must be justified by the interests of the children, and not by the parents’ personal desires and motives. Otherwise, the court will have to resolve this issue (clause 2 of Article 24 of the RF IC), and then additional questions will be asked:

To which parent is the child more attached?
Which parent's home is more suitable for living with children?
Which parent has more free time and opportunities to raise children?
Whose income is higher?
What kind of life do father and mother lead?
What is the desire of the child himself (if he is already 10 years old)?

As practice shows, the father takes an equal part in raising children and pays monthly alimony for their maintenance.

What will be the amount and procedure for paying child support?

The issue of paying alimony logically follows from the issue of the children’s place of residence (Clause 2 of Article 24 of the RF IC). Since children live with one parent, the other parent must take an equal part in their lives - in the form monthly payment alimony.

Parents can agree on the amount and method of payment of child support (cash against receipt, postal payment, bank transfer). It would be good if the agreements are set out in writing (in the form of an alimony agreement) and certified by a notary. If there is no agreement and a dispute arises, the issue of child support is referred to the court.

How will it be divided joint ownership spouses?

It is not necessary to raise the issue of dividing jointly acquired property in divorce proceedings– this can be done after a divorce. Term limitation period– three years from the date of violation by one of the spouses of the property rights of the second spouse.

If the spouses do not intend to divide property at the same time as the divorce, asked question One can answer this way: there are no disputes and mutual claims regarding the division of material assets.

If there are disputes, a fair division will have to be carried out in court. Documents confirming ownership of all property acquired during marriage will be required: contracts, checks, receipts, bank statements. Based on the results of the division, the court will make a decision.

With the help of a lawyer, prepare simple, intelligent answers to these and possibly related questions. Do not start speaking until you are given the floor, and do not interrupt the court and other participants in the process. Be polite and restrained, exclude emotionally charged, expressive, and abusive expressions from your speech. Stay calm and be confident in your chosen position.

Need legal advice about an upcoming court hearing? Get it for free - write to the chat or call the hotline.

Divorce judgment

After considering the case materials and hearing the demands of the parties, the court retires to the conference room to make a decision. The operative part of the court decision on divorce is announced to the parties, and a document with the full text (with introductory, descriptive, motivated and operative parts) is handed over five days after the announcement of the operative part.

If there was no agreement between the spouses regarding children or property, a court decision may determine the conditions for the further place of residence of the children, alimony obligations in relation to children and obligations for the maintenance of the spouse, and the conditions for the division of joint property.

Entry of a court decision into legal force

The court decision comes into force 30 days after its adoption, unless the parties file an appeal.

If one of the parties files an appeal against a court decision, it enters into legal force after consideration of the complaint, unless it is cancelled. If the court decision is canceled, changed or a new decision is made in the appellate instance, it enters into legal force immediately.

The moment of termination marital relations is the moment the relevant court decision comes into force.

Receipt of a court decision by the parties

After the end of the 30-day appeal period, each party is given a copy of the court decision marked as having entered into legal force. In some cases, the court issues only an extract from court decision, valid only for submission to the registry office.

Registration of divorce in the registry office

The fact of divorce by a court is subject to state registration with the civil registry office.

A copy of the court decision on divorce or an extract from it is presented by the parties to the registry office to register the divorce and obtain a divorce certificate. It may take about a month from the date of filing the court decision until the receipt of the divorce certificate.

Failure to appear in court

When receiving a subpoena, many give free rein to their emotions and decide not to appear. court hearing.

The reasons for failure to appear in court during a divorce may be disagreement with the divorce, reluctance to meet with the spouse, argue and sort things out, or disclose intimate parts family life, as well as deliberately delaying and complicating the legal process.

What are the consequences of failing to appear in court for a divorce?

According to the law, the court is obliged to notify the parties of the place and time of the court hearing, and the parties are obliged to notify the court of the reasons for failure to appear, providing evidence of valid reasons. Based on this, if one of the parties fails to appear at the court hearing, the court finds out:

whether the party was notified in advance of the place and time of the court hearing;
in case of proper notification of the court about his failure to appear, whether the reason for the party’s absence is valid.

Depending on these circumstances, the court makes a decision on the possibility or impossibility of holding a court hearing in the absence of one of the parties.

Thus, if one of the parties, duly notified of the time and place of consideration of the case, did not appear in court for a good reason (illness, work trip, family circumstances), the consideration of the case is postponed. If there is a valid reason for failure to appear, the court must be notified and supporting documents must be provided.

Failure to appear at a court hearing three times is grounds for considering the case in the absence of a party (defendant) and making a court decision to satisfy the demands of the other party (plaintiff). The absence of a valid reason or failure to report it will be the reason for a ban on appealing a court decision made at a court hearing in the absence of the defendant (Article 167 of the Code of Civil Procedure of the Russian Federation).

If neither party appears at the court hearing, the divorce case is closed.

If you do not want to personally participate in the divorce process and attend unpleasant court hearings, there are more reasonable options for resolving the problem than failing to appear in court. For example, you may assign the responsibility to speak on your behalf in court to a representative - a trustee or lawyer. Or submit a petition to the court to consider the case without your participation.

How long does a divorce last?

The average duration of the divorce procedure is from 2 to 6 months and depends on factors such as mutual consent or disagreement of the parties, the presence of common children and disputes about them, the presence of joint property and the need for its division. There are other factors that influence timing judicial review affairs.

How much does a divorce through court cost in 2019?

The financial side of a divorce, or rather the cost of state fees and additional legal and notary services, is undoubtedly important. You just need to know how much a divorce through the courts costs and be prepared to incur some financial expenses.

The total cost of a divorce through court consists of:

state fee for filing a claim for divorce. Pursuant to Section 333.19. Tax Code of the Russian Federation, in 2019 the state duty is 600 rubles;
state duty for filing a property claim. This amount is calculated using a special formula based on claim prices - claims of the plaintiff, recovered from the defendant (for example, the value of a share of property or the amount of alimony);
notary services. Notarization of a written agreement between the spouses (for example, on the division of property or determining the place of residence of children), as well as the notary’s service for drawing up these documents, is subject to payment;
legal support of divorce proceedings. Drawing up a statement of claim in accordance with the law and the specifics of a specific situation, preparing a package of documents, filing a claim in court, participating in court hearings, preparing and submitting statements and petitions, appealing a court decision, etc. The cost of legal services depends on the level of qualifications of the lawyer, the volume and duration of his work, and prices for services. Among law firms, a “turnkey divorce” service is common, which involves complex management of a divorce case with payment for a full range of services.

Or in court. Divorce in court is, of course, a longer and more complex procedure, as well as requiring more significant financial costs, but in certain cases it cannot be avoided.
Grounds for going to court
IN Family Code As of 2019, the Russian Federation provides the following grounds for a divorce to take place through the court.
Statement of claim

Issues resolved by the court when making a decision
The main question that the court must answer is whether it is possible to save the family. For this purpose, measures can be taken measures to reconcile the parties, which consists in setting an appropriate period for considering the decision to divorce. If after this period (it can last up to three months) the husband and wife do not change their decision, the judge is obliged to terminate the union, and a corresponding decision is made.
Answering controversial questions, the judge defines:
with which parent should minor children live;
who and in what amount will have to pay child support;
how jointly acquired property will be divided;
whether one party should support the other and in what amount the corresponding amounts should be paid.

The judge may decide to separate the requirement for division of property into separate proceedings if its resolution affects the interests of third parties.
The procedure for the divorce procedure and its timing
The procedure takes quite a long time. After filing a claim, you need to wait for the case to be assigned and considered on its merits (within 1 month after filing the claim, the court will not make any decision on the case) - usually The meeting takes place in 1 month after submitting documents. If the court makes a decision with which the plaintiff does not agree, then for another 1 month this decision can be appealed. When, when dissolving a marriage through the court, the specified deadlines have passed and the decision is not appealed, it will enter into legal force, after which the civil registry office issues a certificate of divorce.
In order to obtain this document, you should contact the civil registry office with an application for divorce by court decision. To do this, use the form posted here, which is available for viewing and.
The parties have the right to enter into a settlement agreement on how property disputes between them will be resolved during a divorce in court. Such an agreement can be drawn up until the court leaves for the deliberation room to make a decision.
In Russia, every third married couple comes to the decision to divorce marriage union. The easiest way to get a divorce is to contact the registry office, however this method It is not suitable for all families, and most divorces end up in court.
In what cases should you go to the Magistrates' Court?
Divorce through the magistrates' court is easier than the same procedure, but within the walls district courts. There are several reasons for this. Citizens turn to magistrates if:
They have no disputes about the residence, provision and upbringing of their common children who have not reached the age of majority. Conflict proceedings in this regard are heard by district courts.
They have already determined how the property acquired during the marriage will be divided among themselves. Some couples make up settlement agreement, supported by a notary's seal to confirm the absence of disputes.

If there are disputes, the time frame for dissolving a marriage increases, and there is also a need to appeal to higher courts.
Documents for divorce in the Magistrates' Court
The list of documents for divorce is quite extensive:
Application for divorce (filled out on 3 forms, one for each participant in the process: plaintiff, defendant, court);
Plaintiff's passport;
Confirmation of separation (or joint) residence of spouses using an extract from the house register;
Agreement on the distribution of living arrangements for common children (written, certified by a notary);
The original marriage certificate, as well as its copy;
Birth certificates of children shared with the defendant;
Receipt for payment of state duty (payable at any municipal bank branch);
Notarized written consent to divorce from the other party (if the defendant agrees to divorce);
If, simultaneously with the divorce, the procedure for assigning alimony obligations is initiated, a certificate of income of the plaintiff (if possible, a certificate of income of the defendant);
In cases where the spouses were marriage contract before marriage, the original of this document;
A written agreement of the spouses, certified by a notary, on the division of property;
If a party is represented in court by an authorized person - an appropriate document confirming his powers;
A written list of property characterized as joint property;
In case of an additional request from the court, the list of documents may be increased.

It is better to prepare all the listed documents so that the divorce procedure is not delayed due to the non-acceptance of the application in court. Refusal to accept a claim most often occurs due to an insufficient number of documents or incorrect content.

Petition for divorce
One of the most important court documents is a statement of claim. The timing of the divorce and the complete satisfaction of the parties’ demands to each other depend on the correctness and accuracy of its preparation. The application must contain the following mandatory items:
The name of the branch of the magistrate's court where the claim is sent;
Contact details of both the plaintiff and the defendant (if possible, indicate such);
The date of marriage and the date on which the parties terminated Cohabitation and marital relations;
Dates of birth of all common minor children, as well as an indication of the spouses’ decision regarding their future residence and support;
The circumstances that led the spouses to the decision to end the family relationship;
A request to the court to satisfy the spouses’ intention to divorce;
Indication of the spouses’ decision on the division of property;
Request to assign an alimony obligation to the defendant (if the alimony case is being considered at the same time as the divorce);
A complete list of papers attached to the statement of claim;
Date of compilation, personal signature of the plaintiff.

It is also customary to attach to the application various kinds petitions. If the application is submitted by a mother living with the children, the petition usually contains a request to shift the payment of the state fee for alimony to the defendant. Applications may be made to defer payment of the duty to a later date. late date, etc.
Stages of divorce in court
A brief algorithm for filing a claim and carrying out the procedure for dissolution of a marriage looks like this:
One of the spouses initiates a court hearing by submitting an application to the justices of the peace (it is better if the spouses themselves agree on who will file the claim, and also discuss all the nuances of the case in advance);
When correct drafting the claim and the completeness of the package of attached documents, the court accepts the application (in case of errors in the application or documents, everything is returned to the plaintiff);
The judge sets a date for the trial, during which all materials in the case are reviewed in detail;
The judge will make a decision according to the circumstances of the case (divorce or granting a period for reconciliation of the parties);
After 1 month from the date of issuance, the decision comes into force (in the absence of appeals from the parties if they disagree with the judge’s decision);
The parties are given a copy of the court decision;
Based on this document, each of the former spouses independently applies to the nearest registry office to obtain a divorce certificate.

If one of the parties fundamentally ignores the trial by not appearing at it and without indicating reasons for this, the court will grant 3 postponements. After three postponements of the hearing date, the trial will take place without the presence of one of the parties. It is also possible to satisfy the claims without the presence of one of the spouses, if the circumstances forcing the spouses to ask for a divorce are sufficiently compelling.

Proper preparation of documents before filing a claim in court is extremely important. Some documents have a limited validity period. If the claim is returned and the process is refused due to incorrect assembled package documents, the parties risk being forced to re-receive the same certificates and draw up agreements.