How to file for divorce: the procedure for dissolution of marriage. How to get a divorce quickly, up-to-date information

Everyone knows that girls usually want to get married. Far less attention is drawn to the fact that they also usually want to get married much more energetically than our sex: out of four divorces, three are initiated by wives. Apparently, this is how it is written for women - to be the initiators of any matrimonial innovations. In this regard, we will be more conservative: we are leaving the state of marriage as slowly and uncertainly as we once said goodbye to bachelor life.

Another thing is more interesting: why do women generally tolerate divorce more easily than we do? There are a lot of interesting statistics on this topic: we both in suicides and in depressions that occur after the breakdown of a marriage hold a confident lead in almost all countries of the world. Here is what Abraham Maslow, the founder of humanistic psychology, says about this: “A man subconsciously perceives divorce as a loss: the woman who belongs to him is taken away from him. A woman, on the other hand, feels divorce as a liberation, even if it is not desired.”

And, whatever one may say, with an average divorce, a Russian man always loses.

In 94% of cases, according to Roskomstat, the children stay with the mother, and he pays alimony, often without being able to meet with the children regularly.

Jointly acquired property, dividing in half during a divorce, in the overwhelming majority of cases, profited by him.

He will remarry about three years later than his ex-wife.

In two out of three cases, a year after the divorce, he will regret it and think about the possibility of returning his wife.

Just don't get divorced at all.

Nevertheless, six out of ten marriages fail, and if you take city dwellers, then all seven. So it's better to be prepared in advance.

After all, divorce can also be organized perfectly.

Divorce starts with marriage

May the marriage contract save you!

If you are a wealthy person or plan to become one, then Alexander Zheleznikov, senior partner at the Lex Collegium Bar Association, advises you not to neglect the marriage contract, which in the future can greatly brighten up the difficult time of divorce for you.

“You need to understand that, unlike the United States, in Russia only the financial and property obligations of the spouses can be included in the marriage contract. That is, no “If she cheats on me, then I have the right to put her out of the house in just slippers” it will not work to shove in there.

But a marriage contract can become a shield for a man in the fight against legislation that is extremely loyal to a woman. For example, all property acquired in marriage is considered common, but if the contract stipulates that the wife undertakes not to make claims on your company or, say, real estate that you acquire in marriage, then it will be difficult for her to challenge her obligation later. Also, the size and form of alimony for future children can be entered in the marriage contract. After all, do not forget that the standard rate of 25% of income per child is charged regardless of the amount of income and it is very difficult for rich fathers to prove later in court that a child will have to live a couple of million years to wear out all those diapers that can be bought for a quarter of received by the Pope dividends on oil shares.

Now a lot of wealthy fathers sue children from mothers not only for the sake of children, but because the child often becomes a lever for squeezing out the father's business. If the marriage contract stipulates in advance a reasonable amount of payments for the child in the event of a divorce, then the court usually approves it.

Why do people get divorced?

Two years ago, the All-Russian Public Opinion Research Center conducted a population survey. The population was asked: “What do you think are the main causes of divorce now?” And the people replied:

We asked family counselor Alexei Sivov, a psychotherapist at the Mind and Feelings Counseling Services Center, to comment on these figures. As it turned out, the population is delirious.

“Percentages do not correspond to reality too much. Perhaps, in its place here is only alcoholism, which for Russia is really a demographic scourge. "The weakening of the value of the family for the current generation" is not the cause, but rather the background against which events are taking place. Relationships on the side are usually not the cause of the breakup of a marriage, but a symptom. The marriage itself quietly and imperceptibly ends earlier, with the complete non-resistance of both parties, and lovers and mistresses appear on the horizon already as a result of this sad event. Financial problems, paradoxically, often help spouses to unite and learn to cooperate. But “boredom and psychological incompatibility” should be combined into one reason and put in the first place, because most often it is the inability and unwillingness to live together that leads two people to a break.

Check if divorce threatens your marriage

With the help of Alexey Sivov, we have compiled a list of threatening calls that may signal that your family is at risk of divorce.

“Divorce is considered to be an extreme measure that should be avoided by all means,” says Alexei Sivov. - But there are situations in which divorce is favorable for both parties. For example, when the spouses, having lost the freshness of their feelings, failed to become family to each other. When they are not bound by common interests, serious obligations, or special mutual affection, then divorce can make both happier and help them realize themselves in life more successfully. Approximately half of all divorcees do not have serious relationship problems - for them, the relationship itself becomes a problem, which they subconsciously evaluate as meaningless and oppressive. In such cases, a good family counselor will not convince them to keep the family at all costs, especially if the marriage has not been long and the couple has no children. Harmonious divorce and remain friends at the same time is no less difficult task than saving a marriage.

Alimentary theory

The norms of family law were developed in our country back in the USSR, from where their percentage linkage to income comes from. Now, when the upper bar of a Russian's possible income has flown into space, and the percentage rate has remained the same, especially successful fathers pay hundreds of thousands of dollars monthly for kefir for their heir. There are, however, legitimate ways to save some money in this matter.

1 You can always file a lawsuit with a request to reduce the amount of payments for a child, and if the amount of your deductions exceeds the average salary by several times, the judge can meet you. There were precedents.

2 Much more often, the amount of alimony is determined amicably by former spouses, although amicability is sometimes achieved very bloodily. To reduce the intensity of bloodshed, you can use a loophole in the law, informing your spouse that you will pay her only a living wage every month, and put the rest of the money into the child’s account, access to which he will receive only after his majority. You have such a right. Usually, after weighing all the pros and cons, caring mothers agree to be satisfied with smaller amounts.

3 Have more children. If one costs you 25% of your salary, then, having given birth to a hundred descendants, you will pay each only half a percent of the income. After all, the maximum amount of alimony that can be collected from you is 25% for one, 33% for two children and 50% for any number of children over two.

But know that these percentages are calculated from any of your income: bonuses, casino winnings, renting an apartment, income from stocks, etc.

It is also worth remembering that the ex-wife can receive additional alimony from you and for her own maintenance if she is on parental leave for up to three years.

Divorce is an ancient thing

* Note Phacochoerus "a Funtik:
« The Orthodox, for example, have eighteen such reasons at the moment. Among them are the betrayal of one of the spouses, alcoholism, drug addiction, domestic violence, impotence, sex of a husband with the wives of his sons, an abortion of a wife without the consent of her husband, refusal to support his wife, an unknown absence of one of the spouses and much more interesting things. »

10 rules for a divorcee

1 Don't announce your desire for a divorce during an argument. Even if you really firmly decided it, there is a risk that the whole process will continue to proceed in the same dramatic way. However, you also do not need to come out with this rationalization proposal at a time when both of you are in a good mood. It would be best to choose a moment of quiet and tired indifference to each other.

2 Yes, you can use the good old trick: "Let's live separately for a couple of weeks and calm down!" A couple of weeks will slowly turn into a couple of months, and there are craftsmen who reach this state of up to ten years or more - exactly until one of the spouses urgently needs an official divorce in connection with a new marriage. This tricky method, of course, is not suitable for everyone, but for those who are suitable, it suits perfectly (are we talking too confusingly?).

3 Do not start novels for at least the first two or three months after you have parted, preparing for a divorce. And if you start, then do not even think about talking about this future ex.

4 A little surprise from Russian law: if your wife became disabled within a year after the divorce or retired within five years after it, you will be obliged to support her for life (however, if she marries again, you will be relieved of this obligation) . So, no matter how unexpectedly your separation develops, you need to try your best so that she does not become disabled.

5 Many American psychologists assure: during divorces, you cannot have sex with the person you are divorcing. This is the alpha and omega of transatlantic divorce benefits. But American psychologists are not quite right. Sometimes sex helps to cope with this difficult period for both. In addition, he leaves a woman with a pleasant conviction that you still love her. It just so happens that the stars of your marriage have formed a sinister figure, and there's nothing you can do about it. In this belief, she will feel a little less desire to peck out in court 50% of your liver, which is due to her by law. On the other hand, sex will keep you from getting used to each other. In general, here you need to look at the circumstances.

6 Immediately demonstrate that you are not going to take away her children. Most likely, you will not succeed, and the more you threaten, the more animal fear of loss the mother will experience and the more fiercely she will protect them from you. If you are lucky to be a person of moderate income and the material aspect of child sharing is of little concern to you, but the most important thing is the opportunity to freely communicate with children, then the less you insist on your father's rights, the more these rights you will eventually have. Moms who aren't afraid that their dad will whistle their baby in Nicaragua will soon realize how wonderful it is to have a man nearby who can always fuse a cute baby for no hourly pay. For properly divorced parents, the argument over who the child spends the holidays is with a serious margin in the direction of “I was sitting with him all last month.”

7 The more lawyers you have, the more professional they are, the bloodier the division of children and property will be. Lawsuits, appeals and applications will multiply, the excitement will grow, and one fine moment you will be surprised to understand that for the last six months you have been fighting in the courts, figuring out how many days a year your daughter is required to wear a red knitted hat that your great-aunt gave her, and to which of the seven planetariums in the city you have the right to take your son on the third Thursday of the second month of every fifth quarter. Invite a lawyer only if your spouse has got her own. But first, try to dissuade her from this crazy step *.

8 Visiting a family counselor during a difficult divorce is just as wise as meeting with lawyers. But, unlike a lawyer, a psychologist is interested in both of you being satisfied, so with his help it will be easier for you to resolve issues peacefully.

9 Never say nasty things about their mother to children, no matter how perfect the embodiment of these nasty things she may be. Firstly, this is their mother, and learning at preschool age that you are born of a monster is a serious test. Secondly, the judges are very impressed by the videos in which the kids say that, they say, "daddy said - mommy is a dirty whore."

10 Even before the official divorce, transfer money for children (either to a special account or transfer by mail) and keep all receipts, including those for the purchase of children's clothes, textbooks, etc. Otherwise, there is a risk of finding out in court that for the last six months you have not only not been involved in raising children, but also abandoned them to live on bread and water.

Divorce is necessary when the spouses actually stop living together and running a common household. According to the laws of the Russian Federation, all property acquired during marriage is considered jointly acquired, therefore, an application for divorce must be filed immediately after the termination of the relationship.

This is especially true in situations where one of the spouses plans to purchase real estate. All questions and difficulties that arise in the process of preparing for a divorce are easy to solve, knowing all the nuances of this procedure.

Where and in what cases are bred

For the official termination of relations between spouses, an appeal to the relevant authorities is required. Depending on the circumstances, you can change the marital status in one of the bodies:

• territorial department of the registry office;

Divorce at the registry office is the easiest and fastest option that allows you not to waste time on the courts. It is not always possible, but only if several conditions are met:

• mutual consent of both spouses;
• absence of minor children;
• independent decision on the division of property;
• one of the spouses has been sentenced for more than 3 years;
• divorce due to missing spouse.

In cases where changing the marital status in the registry office is impossible, it is necessary to file a claim with the court. In addition to failure to comply with the above points, you will have to apply to a magistrate if one of the spouses is not at the registry office to file an application for divorce.

It is important to remember that the divorce will be issued in any case, regardless of the consent of the other spouse. Under various circumstances, the process may be delayed, but in the end, the husband and wife will still become officially free from the bonds of marriage.

Divorce procedure through the registry office and the court: time and money spent

Divorce through the registry office takes much less effort and time than appealing to justices of the peace. Often the problem is that the possibility of divorce in the bodies where it was registered is not allowed by law.

According to the laws of the Russian Federation, if you want to dissolve a marriage, you must pay. Additional expenses may arise when the issue of division of property cannot be resolved without the help of the court.

The amount of the state duty depends on the circumstances:

1. With the mutual consent of the spouses, an application is submitted to the registry office, in this case you will have to pay 650 rubles, according to data for 2016. State duty is levied on both sides.
2. Divorce in the registry office unilaterally provides for a payment of 350 rubles. This procedure is possible when one of the following conditions is met:
   • one spouse is in prison and sentenced to more than three years;
   • the partner is declared missing;
   • one of the parties is incompetent, which is confirmed by a court decision.
3. When filing a lawsuit in court, the amount of the state duty will be 850 rubles. This fee is payable only for the very fact of filing a claim. After making a decision on divorce, it will be necessary to apply to the registry office, where you will have to pay 850 rubles for the execution of all documents and a certificate. to every spouse.

It is important to know that amendments to the legislation, according to which a state duty in the amount of 30,000 rubles will have to be paid for the divorce proceedings, have not been adopted. Accordingly, you will not have to bear any additional costs, except for the specified fees.

How many days after filing an application

After applying to the registry office for divorce, you can officially change your marital status in a month. This requires the fulfillment of certain conditions, which are described above. If all the necessary documents are filled in correctly and appear in time at the registry office, 31 days after the application is submitted, the spouses can receive their certificates confirming freedom from marriage ties.

In case of a divorce through the court, the terms completely depend on the following conditions:

• consent of both parties to the dissolution of the marriage;
• the existence of disputes concerning common children;
• controversial issues considered by the court in a separate order.

The minimum period provided for the official termination of relations is 1 month. In the most difficult situations, the procedure can take up to 4 months. Even after the decision to dissolve the marriage is made, one of the parties may file an appeal (disagreement with the decision), after which the process will be resumed.

How long can a divorce through the court take, options

As mentioned earlier, a divorce through the courts can take 1 to 4 months. After the filing of the claim, the date of the meeting is set, not earlier than 30 days from the date of the appeal. A month is given for the reconciliation of the spouses, in which case the divorce case is closed.

It should be borne in mind that the period given for the reconciliation of spouses, can be extended up to 3 months in cases where one party is against the divorce.

There are several options for divorce through the courts:

1. Both spouses did not appear at the hearing. In this case, a decision is made to terminate the process due to reconciliation.
2. One of the spouses is absent from the court. In this case, an additional period for reconciliation is granted. Additional time is determined by the judge, if the failure to appear is for serious reasons - the court is postponed to a date when both parties can be present. If there is an application for consideration of the case without the presence of one of the parties, the consideration of the case is possible in absentia.
3. Both spouses are present in the meeting room. In this case, the terms depend on whether the parents independently determined and resolved property disputes. If the rights of children are not violated and there are no property issues, the claim is satisfied at the first meeting.

In case of disagreement between the parties, before dissolving the marriage, the court determines the place of residence of the children, the amount of their maintenance, and decides on. Only after clarification of all issues, a decision is made to terminate the marriage. Spouses are considered officially free from marriage ties from the moment the claim is satisfied.

What you need to do for a quick divorce through the court

If it is impossible to live together, most couples want to get a divorce as soon as possible. Even if it is necessary to urgently dissolve the marriage, any reduction in the prescribed period is illegal. Divorcing at the registry office instead of the court is also a violation of the law, in which case the procedure will be considered invalid and the spouses will have to repeat the procedure again.

In order for the court to make a positive decision on the claim in a short time, several conditions must be met:

1. Convince your spouse of the need to officially end the relationship. If one side is categorically against it, they can give for reconciliation up to 3 months which will significantly delay the whole process.
2. Draw up an agreement on who the child will live with and on the procedure for the minor to communicate with both parents. Consent should be notarized and presented to the judge to prevent unnecessary questions.

It should be remembered that an independent agreement on the division of children will not only speed up the divorce process, but also avoid psychological trauma in the child. To resolve this issue in court, the baby will need to talk with psychologists and conduct various examinations that negatively affect his nervous system.

1. Decide in advance on the division of property. If this is done by the court, the process may be delayed. In cases where it is necessary to share a lot of jointly acquired, meetings can last more than six months.

Fulfillment of these conditions will allow you to settle all the formalities in the shortest possible time provided by law.

When You Can't Divorce Quickly

In some situations, it is impossible to get a divorce quickly. It concerns filing for divorce by a spouse during the wife's pregnancy. Any reasons that caused the husband's desire to dissolve the marriage will not be taken into account and he will be denied acceptance of the application, in accordance with Article 17 of the Family Code of the Russian Federation.

Moreover, he will not be able to file a claim even after the birth of the baby, until he reaches the age of 12 months. This situation is the only obstacle to divorce.

Cases where there are doubts about paternity or it is known for certain that the spouse is not related to the child the wife is carrying are no exception. In this situation, he will also not be able to file for divorce until the baby is one year old. You can officially end a relationship only with mutual consent to a divorce.

How to quickly divorce your husband if you are pregnant

It is possible in two cases:

• the initiator is the wife;
• the initiator is the husband, but there is a certified consent from the wife.

In the case when there are no common children in the family yet and both agree to end the relationship, an application can be submitted to the registry office and in a month you will receive documents confirming freedom from marriage. If there are already minor children or the spouse is categorically against a divorce, you will have to file a lawsuit in court.

It is worth remembering that, despite the possibility of divorce during pregnancy, the ex-husband will be considered the father of a child born within 300 days after the official termination of the relationship. An exception is the situation when the mother indicates another man in the documents and the former spouse does not mind.

The process of dissolution of marriage during pregnancy is no different from the usual. Simultaneously with a claim for divorce, a woman can file a claim for alimony. This right is reserved for her for the entire period of pregnancy and for 3 years after childbirth. The future mother is obliged to substantiate the specified amount for her maintenance to the court. After the birth of the baby, you should immediately apply for alimony, which will be paid until the child reaches the age of majority.

If a woman decides to file a lawsuit at the end of pregnancy, it should be remembered that the process may be delayed and you may not have time to get freedom from marriage ties before the baby is born.

How quickly can you get a divorce by mutual consent

Divorce by mutual agreement requires much less time and nerves. When the husband and wife decide that they can no longer live together and that the relationship should be officially terminated, an application for divorce should be filed.

1. To the registry office in the absence of property disputes and minor children.
2. To court - in all other cases.

It should be remembered that even with mutual consent, the absence of property disputes and an independent decision on residence and payments for children, it will not work to get a divorce in the registry office if the children are under 18 years old.

In order for the court not to postpone the meeting, it is necessary to attach to the claim immediately all the documents confirming mutual agreement and the absence of controversial issues:

• agreement on the residence and maintenance of children;
• application for independent division of property.

In addition, it is necessary for both parties to appear at the meetings in a timely manner so that the judge does not have thoughts of reconciliation and disagreement of one of the parties. The judge can satisfy the claim already at the first meeting, provided that both spouses have expressed their consent to the divorce and the rights of the children are not violated.

Is it possible to shorten the divorce period through the registry office

The minimum period for dissolution of marriage in the registry office is 1 month. You can't get divorced before, no matter what the circumstances. This period is necessary in order for the spouses to consider their decision if the application was submitted in a fit of anger and anger. Often during this month one of the spouses comes for a statement - there is no need for a divorce.

If the registry office or third parties offer to issue a divorce in a shorter period, you should know that these are scammers. Even if a certificate is issued, such a decision can be easily challenged and it will be invalid. Accordingly, subsequent marriages are null and void and all property is still common.

Will a marriage lawyer help you get a divorce faster, how much will it cost

When resorting to the help of a marriage lawyer, one should not hope that the terms of the process will decrease. Rather, it is necessary in order not to waste your time visiting the court and collecting all the necessary documents. Although the deadlines do not decrease, they will not be delayed, the reason for this is the accurate and competent execution of all necessary documents, a clear statement of the requirements and wishes of the client in court, and the lack of emotion.

As a rule, the cost of services of a marriage lawyer includes a set of services that allows you to accompany the client during the entire divorce process, from filing an application to obtaining a certificate of divorce. The main services provided by a lawyer:

• drawing up a statement of claim, assistance in preparing the necessary documents for submission to the court;
• payment ;
• representation and protection of the client's interests at all meetings. In some cases, each is paid, but more often, the total cost of services includes attendance at as many meetings as necessary to satisfy the claim;
• relieving the client of the need to personally attend the court;
• timely transmission of information on the results of each meeting;
• receipt and transfer to the client of all divorce documents.

It is reasonable to use the services of a marriage lawyer when there is no time for courts or a bad relationship with a spouse and there is no desire to see him. The cost of the services of a marriage lawyer differs depending on many reasons:

• private lawyer or law firm;
• region of residence;
• process complexity.

The range of service prices is from 15 to 50 thousand rubles, while the minimum cost includes the collection of documents and attendance at meetings, subject to the consent of both spouses and the absence of disagreements.

As a rule, the resolution of property disputes is paid additionally. Despite the high cost of services, the absence of the need to go to court and draw up additional claims will greatly facilitate life and help avoid prolonged nervous tension.

Question answer

Below are answers to the most common questions.

Which court should I go to to file a claim?

Answer: in order to file a claim for divorce and payment of alimony for the maintenance of minor children, as well as to resolve contentious issues on the division of property worth less than 50 thousand rubles, it is necessary to apply to justices of the peace. By law, an application must be filed at the defendant's place of residence, with the exception of the situation when the plaintiff is unable to arrive at his place of residence for the following reasons:

• health condition does not allow to leave their area;
• the presence of a minor child living with the plaintiff.

Disputes about the division of property, the value of which exceeds 50 thousand rubles, are resolved in the district court, as well as issues related to the residence of children.

At what point is a marriage officially considered annulled?

Answer: on the day when the decision of the court to satisfy the suit for divorce enters into legal force, the person becomes free from marriage ties. It should be remembered that until the moment the certificate of divorce is received, it will not be possible to officially formalize a new relationship.

What about the division of property registered in the name of a child?

Answer: the property of a third party (even if it is a minor child of the spouses) is not subject to division. It remains with the child, the right to use the property belongs to the legal representative of the baby (the parent with whom the child remains after the divorce).

video consultation

Irina Makedonskaya talks about the divorce procedure through the registry office in great detail and in detail.

Two state bodies are authorized to terminate a marriage:

• Registry Office;

How can you quickly and correctly divorce your husband or wife?

First of all, it is necessary to reach an agreement between the spouses.

The divorce process deals with two main issues:

• property;
• children.

If the spouses reach a mutual agreement through negotiations on their own and without the intervention of a judge, both parties will get what they need. In this case, state bodies will only register the official termination of marriage ties.

In case of disagreement regarding the upbringing of children, the payment of alimony or the division of property, the judicial authority will make a decision in accordance with applicable law. In this case, both parties may be dissatisfied.

It is better to agree in advance on where and with whom the child will live, who will stay in the common house, how much money will be allocated for the maintenance of children. In this case, it is more likely to reach a compromise.

The judge will decide the issue in accordance with the law. A married couple at any time can resolve all problems regarding their property and children, fix the agreement with a notary and go to court for a divorce in an indisputable manner.

How to quickly get a divorce through the registry office?

The process of family separation in the registry office is simplified.

Husband and wife collect the relevant documentation, draw up an application, pay the state duty. After 1 month, they receive a certificate of dissolution of marriage, all mutual obligations cease.

The registry office has the right to terminate the marriage under the following conditions:

• no common minor children;
• lack of disputes over property;
• both spouses mutually agree to a divorce.

In cases where one of the spouses is unable to appear at the registry office, he writes a statement of his consent to the termination of marital relations and notarizes the signature on the document.

Note! One of the parties to the marriage must be personally present during the filing of documents - representation in this matter is prohibited.

In case of disagreement, the registry office loses all powers to dissolve the marriage - the case will be considered in court.

However, there are cases when the completion of marital relations is carried out at the request of one of the parties:

• one of the spouses is declared missing;
• declared incompetent;
• sentenced to more than three years in prison.

In such exceptional situations, the registry office will terminate the marriage. Disputes about property and children must be resolved in court.

How does a divorce go through the court?

With a general agreement on the upbringing of children and the division of property between the spouses, a statement of claim is submitted to the justice of the peace, in which it is indicated that it is impossible to maintain family relations, and the marriage should be terminated.

Basically, the claim is filed at the place of residence of the defendant. However, in family disputes, it is possible to file a claim in the place where the plaintiff lives.

Note! If you file a claim at a personal reception with a judge, the marriage union can be terminated faster.

The court applies for a divorce in the following cases:

• there are minor children;
• there are disputes over property;
• one of the parties refuses to terminate the marriage.

In the latter case, the judge will give the couple time for reconciliation - a period of 3 months. If the spouses have not maintained relations during this period, the marriage is terminated, even if one side does not want to divorce.

According to statistics, the number of divorces in Russia every year exceeds the number of marriage registrations by 5,000 cases. This happens for various reasons: the fading of feelings, harmful addictions, his or her infidelity, etc. But not every breakup of a family is accompanied by a mutual desire to divorce. Sometimes one of the spouses does not want a divorce, and the second puts up with such an outcome, because he does not know his rights and opportunities. However, there is a way out of any situation! You can divorce your husband or wife without their consent.

Is it possible to get a divorce if the husband or wife is against divorce

Most marriages are formal. And it just so happens that a person who does not go into the details of family law is sure that divorce is possible only with the consent of the second spouse. Because of this, many couples simply “break up”, without dissolving the marriage and waiting for the moment until the other side gives consent. But you can not force a person to be married against his will, so you can achieve a divorce! Only the method of dissolution of marriage depends on consent.

Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.

Article 22 of the Family Code of the Russian Federation

The duration of a divorce in such cases and its complexity depend on many different nuances:

• the presence of children;
• obstruction of the process;
• the possibility of reconciliation;
• territorial location of the spouses.

Is it possible to dissolve a marriage through the registry office if the spouse does not agree

You can get a divorce through the registry office if:

• spouses do not mind;
• no common children under 18;
• Both spouses are capable.

If the spouse is alive, law-abiding and of sound mind, but does not want to get a divorce, then you cannot get a divorce through the registry office.

Alsou Urazaeva

Divorce through the court without the consent of one of the spouses

In case of divorce through the court, the consent of the second half is not necessary. This procedure is always possible, except in the following cases:

• if the plaintiff is a husband and the wife is pregnant;
• if there is a child under 1 year old;
• if the child was born dead, but a year has not yet passed since his birth.

Important: in case of pregnancy or having a child (under 1 year old), the court will not take into account the fact that the husband is not the biological father.

How to start divorce proceedings

The suit for divorce can be referred to the court at the place of residence of the second half. Only sometimes at the address of the applicant:

• if a minor child lives with the plaintiff;
• if there is a certificate of the impossibility of leaving due to health reasons.

Example: a wife filed for divorce, but her six-year-old son lives with her. In this case, she can apply to the court in her place of residence. Or the applicant is a husband, but he has a broken leg (there must be a doctor's report), then he can take the application to his place of residence.

Dmitry Melnikov

If the address of the defendant is unknown, then you can apply to the court at the last address where he lived.

Video: how a divorce works in court

When they can divorce in the magistrate's court

If there are no disputes about alimony and property, a divorce suit is filed with a justice of the peace, who can:

• satisfy the claim;
• adjourn the hearing for 1 month;
• refuse satisfaction.

The court cannot change the jurisdiction at the request of the husband (wife). An application containing alimony requirements or a division of property must be applied to the district court.

What documents are needed to file a claim

In order not to waste time, you need to prepare in advance:

• statement of claim (2 copies);
• claimant's passport;
• marriage registration certificate;
• a receipt confirming the fact of payment of the state duty (650 rubles);
• birth certificates of common minor children (copies certified by a notary may be used);
• a certificate of family composition (if the children live with you);
• marriage contract (if any);
• certificates of income of both parties (if the issue of alimony is considered);
• documents on the property of the plaintiff (if the issue of division of property is considered).

If there are no children and joint property, the judge pays special attention to the completeness and reliability of the attached documents. The court may not accept the claim for consideration if there are serious violations in it. Yes, it must contain:

• the name of the judicial body;
• information about the plaintiff and the defendant (passport data, actual address and registration, contact numbers, etc.);
• the reason for the divorce;
• list of applications;
• date and signature.

Features of divorce, when one of the spouses does not agree to it

Each divorce has its own subtleties, on which the further course of events and the duration of the procedure depend. Often everything is decided by the chosen course of action.

Example: the initiator of the divorce and the division of property was the wife, and the husband was against it. In the application, she wrote the reason “We didn’t get along” and “forgot” to attach some documents. The defendant has read the copy of the claim and other documents. After that, he filed a counterclaim indicating the reasons “Alcoholism of the spouse and violation of the terms of the marriage contract”, and also attached the necessary medical certificates and documents on the property that belonged to him before marriage. The result was the satisfaction of the counterclaim. The division of property did not bring the plaintiff anything.

Ksenia Artyushkina, lawyer

Usually applications for divorce and division of property are filed simultaneously or both requirements are contained in one application. But if property issues concern someone else (third parties), the court may decide to consider a specific case in a separate manner. For example, the court divorces the spouses, and considers the issue of division of property at other times.

Duration of divorce

The duration of divorce proceedings depends on jurisdiction. If the claim is filed in the Magistrate's Court, then the first hearing date is set (after 30 days). Spouses receive subpoenas in the mail. If both agree, then in a month a court decision on divorce will be sent to the registry office.

If one is still against the divorce and believes that reconciliation is possible, the judge sets a time limit for reconciliation (up to 3 months). If during this time the couple does not reconcile, she will be issued a divorce. But the dissenting party can buy some more time if it has time to appeal the decision within 30 days.

In district courts, the situation is a little different, a hearing can be scheduled after 2 months from the date of filing the claim.

In cases where both did not come to the meeting, the marriage is considered saved and the case is closed. If only one does not appear, the court will consider the case without him or set a new date. But if the defendant does not come three times, then the decision on divorce will be made automatically.

Divorce procedure with children

When there are small children in the family, the divorce procedure becomes somewhat more complicated. Firstly, more documents are needed than under normal circumstances.

Package of documents for the child:

• birth certificate,
• residence confirmation,
• certificate from school, etc.

Secondly, the court will take into account the interests of the child. If the parents have not agreed on the children amicably and have not recorded the agreement with a notary, then the question of their future upbringing will be considered in court.

Most often, the court takes the side of the mother and the children stay with her after the divorce.

Alsou Urazaeva

It is important to know that the issue concerning the future of children, the court can separate into another proceeding and consider it separately from divorce. The further future of children is also determined by the court. When making a decision, many factors are taken into account:

• material security of the parties;
• personal (moral) qualities of parents;
• attachment of the child to one of the parents (relatives);
• conditions offered to the child in the future;
• the type of activity of the parents (work schedule, etc.).

Many people think that material well-being will play a decisive role, but this is not so.

Example: during a divorce, an 11-year-old child remains, the father demands that the son stay with him, because he has more money, a better apartment, an expensive car, a well-paid job, etc. The court took into account the child’s desire to stay with his mother and grandmother, the presence they have a private house (the best environment), which is located near the school. And also the mother of the child provided medical evidence that the ex-husband abuses alcohol. The child stayed with the mother.

Oleg Babkin

The court decision is made on the basis of a combination of factors that should provide the child with normal upbringing and conditions for development, since the interests of children in such cases are a priority.

Video: how to divorce spouses if he (she) does not give consent

So, it is impossible to get a divorce through the registry office without the consent of the other party. If one of you is not eager to divorce, the application must be carried to the court. He will dissolve the marriage, because one cannot force a person to be a husband or wife against their will. If there are small children in the family, then the court will also determine their future. In any case, they will try to set a deadline for reconciliation. Do not neglect it, this is additional time when you can reconsider your decisions again.

Updated on 24.05.2018, 09:42

Divorce has long been considered out of the ordinary event. According to statistics, a third of the marriage unions that are entered into eventually break up. But how many “outdated” families exist, there are as many different situations: some marriages break up by mutual agreement, others - at the request of one of the parties; someone gets divorced without having time to give birth to children, and someone has to decide on dates with a child and alimony. And for those who have already decided everything and faced the question of how to get a divorce, it is better to entrust his permission to a specialist. You can get a competent answer and a detailed action plan by applying for a free one on our portal.

Below we describe the main points: what it takes to divorce your wife or a husband, where to turn in a given situation, what financial and time costs should be prepared for. First of all, we will consider problematic issues, on which both the duration of the divorce procedure and its complexity depend.

Marriage divorce statistics

How to divorce a wife or husband: what is better to agree on in advance

Problematic issues in divorce cases are often:

1. Consent of both parties;
2. Financial security and place of residence of children after a divorce;
3. Property division.

If the spouses who want to get a divorce do not have children, and there is full agreement on other issues, the divorce procedure is simplified to the minimum: the registry office will divorce them with a one-month period for reconciliation.

Reasons for divorce in Russia

How to divorce a husband or wife: a matter of mutual consent

Those who do not come to a consensus on at least one of these issues should prepare for long and difficult litigation. The easiest case of the three is the refusal of one of the spouses to terminate the marriage. The case is being considered by the court, but even if the dissenting party does not honor a single meeting with its presence, after three unsuccessful attempts to find out its position, the court will still dissolve the marriage.

But this rule has exceptions, they should be known to those who are interested in the question if there are children. The legislation contains several norms aimed at protecting the rights of mothers and children in those periods when they are in particular need of financial and moral support. The disagreement of the spouse in terminating the marriage union will become an insurmountable obstacle in cases where:

1. The wife is pregnant;
2. The child is less than 1 year old.

How to live without divorce

How to divorce a wife or husband: a childish question

Those who are faced with the question of how to get a divorce if there is a child should consider two points:

1. Has there been agreement on which parent the child will live with after the divorce;
2. Whether an agreement has been reached on participation in the material support of the children of a separately living parent.

The best way to legally fix and thereby simplify the divorce process is to conclude an agreement on children. If it was not possible to reach an agreement on their own, both parties should prepare for a long and intense debate in court. In practice, more often children stay with their mothers, but for maximum protection of the rights of the child, the court is obliged to find out many circumstances that testify to his attachments and needs.

The issue of collecting funds for maintenance is more straightforward, but mutual consent, drawn up in the form of an agreement, will simplify the procedure for dissolution of marriage at times.

How to divorce a husband or wife: property issue

Peaceful resolution of property disputes between spouses can be formalized in two ways:

1. A marriage contract concluded both before marriage and during marriage. This type of agreement must be certified by a notary;
2. An agreement on property, which is concluded by the spouses during or after the termination of the marriage, notarization is not required.

Before thinking about what is needed in order to get a divorce, spouses should measure their financial capabilities with the debts that have accumulated during family life. After all, both acquired things and acquired obligations are subject to division. The latter include all types of debts, including loan agreements, mortgages, their division is carried out with the obligatory consideration of the opinion of the lending bank.

What you need to divorce your husband: divorce in the registry office

In addition to the simplest case, when a divorce is formalized in the registry office (mutual consent of the spouses, absence of children and property disputes), the law defines several more situations that do not require litigation:

1. The spouse is officially recognized as missing, incompetent, dead;
2. The husband is serving a sentence of more than three years in a correctional facility.

What to do to get a divorce: documents provided to the registry office

The simplified procedure for termination of marital relations provides for a minimum list of documents to be submitted:

1. A statement with the signatures of both spouses confirming their mutual consent. If it is impossible for one of them to be present, a notarized application must be submitted to the registration authority;
2. Copies of passports of both parties;
3. Copy of marriage certificate;
4. Document confirming the payment of duty to the state budget.

In the event that the marriage is dissolved at the initiative of one spouse due to the absence of the other (a closed list of situations is posted above), the application is signed by the spouse who initiated the divorce and a copy of the court decision confirming the grounds for divorce is attached to it.

An application for the termination of the marital union can be submitted via the Internet, which does not exempt the spouses from visiting the registry office to participate in the divorce procedure. The terms of divorce, calculated from the moment of filing the application, do not depend on the form of its submission. The divorce will be registered only after a month.

Divorce in court

Judicial consideration of such cases, as a general rule, is carried out by magistrates' courts, but as an exception, the following categories of divorce cases are within the jurisdiction of the city court:

1. With the value of the disputed property over 50 thousand rubles;
2. With a counterclaim;
3. With paternity disputes;
4. Considered on appeal.

Territorial jurisdiction is defined as follows:

1. As a general rule, the claim is filed at the place of residence of the respondent spouse;
2. When it is impossible to establish the place of residence of the respondent spouse or he lives abroad, the application is submitted to the court at the location of his real estate or the last known address of residence;
3. In cases of objective impossibility to get from another settlement (the plaintiff has a disability, cannot leave young children), it is allowed to apply to the judicial authority at the place of residence of the plaintiff's spouse.

To start the divorce proceedings in court, it is necessary to prepare and submit the following documents:

• Statement of claim. A sample document can be found at the information stand of any court considering divorce cases. The application must state its position regarding the division of property, the future place of residence of joint children and the method of material support from the parent living separately. The application is drawn up in several copies - for the court, for each of the participants in the case;
• Marriage certificate;
• Birth certificates of joint children;
• If available - agreements on children, property, marriage contract;
• If representation is required, a power of attorney;
• When resolving property disputes - property valuation;
• Information about the composition of the family;
• When considering the issue of alimony or maintenance - documents confirming the defendant's income;
• Document confirming the payment of the state fee.

Asking at the first visit to the court the question: I want to get a divorce - what should I do? - get ready to receive an answer that the procedure for terminating a marriage is quite lengthy. The first meeting will be held one month after the submission of the application. By this time, the law limits the minimum period of time during which the spouses can still reconcile. If, after questioning both parties, it seems to the court that the marriage can be saved, the final decision of the case may be delayed for another three months.

The verdict of the court, dressed in the form of a decision, should not be considered final immediately after the announcement: it can be appealed within 10 days. After this period, it is considered to have entered into force, then you can proceed to the final stage of the procedure for terminating the marriage.

Paperwork

The final touches - affixing divorce stamps in the passports of former spouses and issuing a certificate of end of marriage - are made at the registry office, where each of the spouses can apply within a month. If this does not happen, an entry on the dissolution of the marriage will be entered in the registration book on the basis of a decision that the court sends without fail.

State duty for divorce, 2019

Those who are interested in the question of how much a divorce costs in 2019 should remember that the simpler the procedure and the fewer controversial issues, the less the state will have to pay for their resolution. So, the termination of the marital union by the registry office will cost 650 rubles for each side. In the cases of unilateral termination of the marriage described above, you will have to pay only 350 rubles.

Legal termination of a marriage will also cost 650 rubles from each side. It should be borne in mind that a fee for consideration of property disputes is paid separately (as a percentage of the value of the disputed property, but not less than 400 rubles). For filing for alimony, the plaintiff is completely exempt from paying the fee, but it will have to be paid by the defendant after the decision is made.

In conclusion, we note that the state provides for all measures to preserve the family in cases where it is still possible, as well as comprehensive protection of the rights of the child and the parents caring for him. And spouses can only remember that it is much easier to destroy than to build again. And it is precisely for rethinking the current situation that such a long period of time is given for reconciliation.

You can learn more about how to divorce your husband if you have a child, and how to collect alimony in marriage, by reading related articles on our portal.