Divorce litigation. Divorce through the court with children, the procedure for dissolution of marriage. How to apply for a divorce in the magistrates' court

According to the current legislation of 2018, a divorce through a world court is carried out if the spouses have minor children and there are no property or other disputes.

Divorce through the world court is the most simplified procedure for spouses with children. An application for divorce is filed with the court at the place of residence. The document indicates the reasons for applying to the court.

The following factors specified in article 16 of the Family Code can serve as grounds for divorce Russian Federation:

mutual consent of both spouses to terminate family relations;
the desire of one of the spouses to dissolve the official marriage;
a statement from a person who is the guardian of one of the spouses in the status of incapacity;
recognition by the judicial authorities of one of the missing spouses as dead (in his absence for more than 5 years);
the actual death of a wife or husband.

What is the procedure for divorce through the court with children?

Divorce through the world court with children is carried out in stages. The sequence of actions within this process next:

(statement of claim indicating the grounds for divorce and evidence, attachments to the application, the list of which depends on the specific circumstances);
acceptance by the court of the claim for consideration, setting the date for the hearing of the case (not earlier than 30 calendar days after filing a claim)
holding a court session at which the possibility of preserving the marriage is clarified, the grounds for its dissolution are considered);
with the full settlement of all issues of the parties and the absence of disputed claims between them, the issuance of judgment on divorce;
in the absence of the consent of one of the parties to divorce, the definition additional term For possible reconciliation spouses;
adjournment of the meeting, if the defendant did not appear in court for the hearing of the case (it is possible to reschedule twice);
issuance of divorce certificates.

After receiving a divorce document, the spouses have the right, if they wish, to file a claim for the division of property and the place of residence of children, if there is no prior voluntary agreement on these issues. If the divorcing parties have agreed among themselves, an agreement is drawn up, which the court approves during the main hearing. Several points can be reflected in the court decision at once: the fact of divorce itself, the payment of alimony for minor child or an incapacitated former spouse (wife), the place of residence of children after a divorce, the procedure for communicating with a child of a parent living separately, the division of common property and other issues.

The decision of the court is announced in the courtroom, where all participants in the process are present. Within a five-day period, the executors are obliged to prepare written forms of the decision for issuance to the interested parties.

Filing and filing an application

Actions of the parties after the trial

After the court decision in the divorce case is announced, printed and handed over to the plaintiff and defendant, the legal time limit for appeal comes into force. This period lasts for 30 days, during which the dissatisfied party may file an appeal with a higher court. If such a complaint is filed, the court decision shall enter into force after the ruling on appeal is issued. If no complaints have been received, after 30 days the divorce decision becomes legally valid, and the spouses can apply to the registry office to register the fact of divorce. There is no state duty to receive a court decision.

To obtain a certificate of divorce from the registry office, you must pay a state fee and submit a package of documents. It includes a marriage certificate, a payment receipt, a statement from one of the spouses or a general statement, a copy of the court decision. After 30 days, official divorce papers will be ready and each party will be able to get a copy.

How long does the divorce procedure with children take?

The duration of the process depends on what requirements are set out in the text of the statement of claim, whether there is consent from both parties to divorce. Under the legislation of 2018, clear periods for holding court hearings are defined, but exact dates may vary depending on various factors related to questions about the place of residence of children after divorce and property disputes. One month - the period between filing an application until the first hearing, 3 months - adjournment of the meeting due to the defendant's failure to appear or disagreement with the divorce, 6 months - extension of the period due to disagreements over property or other disputes.

To maximize the speed of the completion of the case, it is advisable to entrust the support of the procedure to an experienced lawyer. Appeal to the Magistrate's Court presupposes the absence of obstacles to making a decision after the first meeting.

How is the divorce process carried out through the court, what are the terms for divorce through the court? may be enough difficult question. In the event of various disputes between the parties, putting forward any requirements, the dissolution of the marriage takes place through the court.

When the divorce goes through the court

Dissolution of marriage through the court is carried out in the following cases:

one of the parties does not want to get a divorce;
either party wants to get a divorce, but does not come to the registry office;
there are children under the age of 18.

When applying to a judicial organization, one of the spouses is the plaintiff, and the other is the defendant. The case is being heard in the magistrate's court.

If available contentious issues, Related minor child, the case is handled by the district office. It is necessary to find out which of the parents will live with the child, take care of him.

The plaintiff must file a claim at the place of residence of the defendant. The plaintiff has the right to file a claim at his place of residence if:

children under the age of 18 live with him;
due to health reasons, he cannot come to the organization at the place of residence of the spouse;
with the consent of both parties to a hearing in an organization located close to the place of residence of the plaintiff.

After the claim is accepted, the date for the consideration of the case is determined. The date is set not earlier than 30 days after the filing of the claim. The parties will be notified of the date of the meeting from the agenda. Usually at such a time people experience strong emotional experiences that prevent them from assessing the situation soberly. As a result, they may miss important aspects which must be taken into account when considering the case.

Therefore, it is advisable to consult an experienced lawyer on family matters. During the consideration of the case, lawyers can protect the interests of their clients, calmly, without emotions, take measures, file lawsuits, and appeal against decisions.

Together with statement of claim you can file claims for the right of custody of children, for the division of jointly acquired property, alimony claims.

The date of the meeting is determined by the judge. According to the law, the hearing of the case is not set earlier than one month after the receipt of the claim.

If the spouses do not disagree with the claim and they are not against divorce, then the case can be considered during one trial.

It usually happens that the defendant has certain disagreements with the position of the plaintiff. Then the judge appoints the parties a period of reconciliation in the divorce.

Reconciliation in a divorce: the period for reconciliation depends on a number of reasons and is set for a period of 1 to 3 months.

Deadlines for a divorce case

How long does a divorce through court take? When considering the case, the main issue is the consent of both parties to divorce. If the parties agree to divorce, the marriage is terminated due to the impossibility of preserving the family.

A statement by one of the parties that they do not agree to a divorce may be the reason for the court to set a time for reconciliation, which ranges from 1 to 3 months.

This time can be reduced only at the reasonable request of both parties.

If the plaintiff does not motivate the reasons for the dissolution of the marriage, then the maximum period of reconciliation can be set - 3 months.

If the parties reconcile within three months, the judge issues an order to terminate the proceedings. However, the husband and wife have the right to file a second claim.

If the defendant evades participation in the proceedings, this constitutes a reason for adjourning the hearing to another time. In the event of a third non-appearance of the defendant without a valid reason, the judge may make a final decision without his participation.

The judge has the right to postpone the consideration of the case several times at the request of one party. The total time of adjournment of the consideration of the case shall not exceed three months.

In case of refusal of the parties to reconcile, the court conducts proceedings on the dissolution of the marriage and issues a decision, which comes into force after 30 days.

During this period, either party has the right to appeal the court's decision. If there are no applications for appealing the decision, then after 30 days former spouses can apply to the registry office, where they issue a certificate. It is given separately to husband and wife.

If either spouse fails to appear at the hearing, the judge reschedules the hearing to another date.

If one of the spouses fails to appear for consideration for the third time, the judge considers the case in his absence. If on court hearing both spouses did not appear, the court terminates the process of dissolution of the marriage and the case is closed.

There are cases when a party deliberately delays the divorce process and does not come to the hearing. As a result, it takes a long time. A court order is issued if both parties wish to end the marriage. At the hearing, all aspects of the case are considered, the judge makes a decision. It takes effect after 30 days. If any party does not agree with it, it can be appealed within 30 days.

At this time, lawsuits related to child custody, property issues and other issues are filed. After 30 days, the parties divorce according to the law, and all disputes are considered resolved.

What are the deadlines for divorce through the courts?

How long does a divorce through court take? According to the law, there are two mandatory terms, which are regulated by law.

The first is one month. It represents the time before the expiration of which a final decision cannot be made.

The second is given to the parties to appeal against the decision of the judge. It is 30 days. After the expiration of 30 days, the decision becomes officially valid.

When the defendant also wants a divorce and both spouses attend the hearing, the decision can be made at the first hearing. At the same time, there should be no mutual claims between spouses on issues of raising children and dividing property. Then the trial time will be 2 months.

If the party does not want to divorce, then a period for reconciliation is set from 1 to 3 months. If at the same time the plaintiff motivatedly refuses to reconcile, then a shorter time is set.

If one party does not come to the hearing, the case is sometimes delayed by 2 to 6 weeks. In this case, due to the absence of any party for the third time, the decision is made in his absence.

How can the court set time limits? If during the consideration of the case there are disputes on property issues or on issues of raising children, about who the children will live with, then the decision is usually delayed. The decision by the judge of questions about children and property disputes usually lasts an average of 4 to 6 months.

When a party deliberately takes time, does not come to the hearing, there are cases that it provides certificates of a good reason for not appearing at the hearing, for example, about illness or being on a business trip. Under such circumstances, the duration of the process is also sometimes delayed for several months.

Divorce is a difficult and long process. In some cases, a husband and wife can simply apply to the registry office and through certain time get a certificate of termination, but sometimes you have to do everything through the courts.

When is it necessary to get a divorce only through the court?

If you study in detail Family code Russia, namely its 21st, 22nd and 23rd articles, it can be understood that a divorce through the court should be carried out in such cases as:

One of the spouses does not want to give consent to the dissolution of the marriage, and he can explain this by any reasons, including the absence of grounds for divorce.
The presence of common natural children, kinship with which is established (during the ongoing trial, then such important questions as a further place of residence of a minor, as well as his communication with a parent with whom he will not live). If the husband doubts what is biological father, then he can conduct an independent examination.
One spouse wants a divorce, but the other does not agree with such a decision. If there are disagreements, the issue should be considered only in court.
Avoiding a visit to the registry office. This applies to cases where the second spouse agreed to terminate the legal relationship, but at the same time to the civil registration authority in deadlines refuses to come.
The recognition of the second party as missing is unknown (that is, it is simply not possible to establish its location).
Divorce in judicial order will be required even if the second spouse disagrees, if he is officially recognized as incapacitated, that is, incapable of making adequate and balanced decisions.
Disputes arising from disagreements over the division of jointly acquired property. IN this case litigation will allow the division to be legally carried out without prejudice to the rights of either party.
Disagreements about the upcoming payment of alimony by a parent with whom the child will not remain after the divorce.

In which court should the application be filed?

Often, the dissolution of a marriage in a judicial proceeding occurs in the body of justice of the peace, that is, the decision will be made by the justice of the peace. But if the wife and husband have made common children, then you will have to turn to district court, since it will be necessary to consider issues not only with regards directly to the divorce proceedings but also related to the fate of a minor child. The same applies to the existence of other serious disputes, for example, those related to the division common property.

The appeal must be carried out by the plaintiff at the place of residence of the second spouse, who will be the defendant. But if it is impossible to arrive there due to the relocation of the second party to the process, the impossibility of establishing his real address, or the significant remoteness of the court, then you can contact the authorities at your place of residence.

How to make a claim correctly?

In order for the dissolution of a marriage in a judicial proceeding to begin, the judge must accept the claim for consideration. And for this it is necessary to draw it up correctly, and it is advisable to do it according to the model (the easiest way to get it is in the appropriate body, that is, in court). In any case, it should include:

The correct name of the body to which the claim is filed.
All data of both parties (address, full name).
Direct request for termination.
The reasons for the impossibility of saving the marriage, the circumstances and their objective and real justifications.
Data on the registration of an existing marriage.
If there are common children, their data should also be indicated, namely, age, number, full name. It should also be noted with which of the parents they will live after the divorce.
If there are any requirements regarding the division of property acquired jointly, the future fate of children or maintenance payments, then they must also be indicated.
Information regarding the circumstances due to which the marriage cannot be dissolved in the registry office.
List of all documents attached to the claim.

Required documents

The claim must be documented, only then it will be considered valid. And you need to attach documents such as:

Authentic marriage certificate.
In the presence of native children, it is imperative to attach their birth certificates (copies can also be provided).
Receipt for payment of state duty. If you do not pay it, the process will not start.
If there are disputes about alimony payments, then income certificates may be required, and both parties.
Documents that can be used to confirm that the marriage can no longer exist. These include the testimony of witnesses, certificates of the second spouse's addiction (drug or alcohol), and others.

Trial

How does a divorce proceed through the courts? The process under consideration is rather complicated and lengthy, especially in case of any disagreement. It consists of several main steps:

Acceptance of the application for consideration. If it was compiled by the plaintiff correctly, then it will be assigned a specific registration number.
Further, the court must notify the parties about exactly when the meeting will be held. Such a decision is usually made within ten to fourteen days from the date of filing the claim.
Proceedings. It takes place in the corresponding organ. The meeting must be attended by either two parties, or their representatives with certified powers of attorney. But if one spouse cannot be present, then he must file a petition for consideration of the divorce case in his absence. During the proceedings, both parties must put forward demands, give arguments and counterarguments. The opinion of witnesses, if any, is also taken into account. The judge will take into account all the circumstances in order to make an informed and objective decision.
Making a decision. If there are no disagreements, or if the judge considers that the marriage cannot be saved, then he will make his decision at the first main meeting. But if there are controversial issues, then the spouses may be given time for reconciliation. Such periods are up to three months. If nothing has changed, the marriage will be dissolved. Also, the judge will determine the fate of native common children. If the wife and husband decide to keep the relationship, then the process will simply be terminated.
Entry into force. It takes place within a period of one month from the date of the judge's verdict.

The dissenting party may appeal the decision. But this must be done within a period equal to 30 days after the end of the proceedings, that is, until the verdict enters into force.

Consequences

The legal consequences of divorce are prescribed in the Family Code. And they lie in the fact that from the moment of divorce, absolutely all property and personal relationships that existed after registration will cease. And if everything is more or less clear with personal ones, then property rights should be considered in more detail.

All property that is considered to be acquired by the spouses in marriage, but is joint, must be subject to division. And legally it should be divided in half between wife and husband. But the rights of their own children are also taken into account, so the spouse with whom the minors remain after the divorce must receive a large share, commensurate not only with personal property, but also with the property of the child (this applies to living space).

The legal consequences of divorce, unfortunately, will also apply to common children, if any. So, the wife and husband will no longer be able to raise their minor spouse together, although all the duties and rights will remain with them. But a minor must live either with his father or with his mother. And such an issue should be resolved either by the spouses voluntarily and mutually, or in court during the divorce proceedings.

Separately, it is worth writing about the surname. After a divorce, the wife can both return the former ( maiden name), and leave the existing one.

To get divorced in court as soon as possible and without problems, it is worthwhile to find out all the nuances in advance, as well as discuss controversial issues with the second spouse.

Divorce or dissolution of marriage can be formalized in court or at the registry office.

The most detailed information by divorce. After reading this article, in 99% of cases you will be able to dissolve the marriage yourself, without the help of lawyers. Find out everything about divorce, in which cases you can dissolve a marriage at the registry office, and when you need to go to court, how a divorce works in a magistrate's court. The lawyer is ready to answer any questions about divorce. We provide divorce counseling free of charge.

Download forms of documents and sample applications, examples of court decisions on divorce. After studying the material presented, you yourself will become specialists in divorces and will even be able to give advice to your friends and acquaintances.

What is divorce

A formal divorce is the dissolution of a marriage between spouses. It is not enough just to go to different apartments, stop communicating and run a joint household. Divorce means that it happens in the prescribed manner, with the receipt of official documents confirming that the marriage is terminated.

Only those spouses who entered into it through the registry office can dissolve a marriage. The word divorce is not used in family law, it is colloquial. It is correct to speak, and even more so to write in official documents - divorce.

It is possible to terminate a marriage not only by its dissolution, the marriage is terminated in the event of the death of the spouse, and in some cases it is possible.

The procedure for dissolution of marriage in 2019

For dissolution of marriage, the desire of one of the spouses is sufficient. If the husband or wife wants to divorce, then the marriage will be terminated in any case. Nothing here depends on the desire of the other spouse, but he can delay the time of the official divorce.

An exception to this rule is the time of the wife's pregnancy and the period of one year from the time of birth joint child. At this time, the husband does not have the right to apply to the court for divorce. He can do this only with the consent of his wife. Moreover, if the child was born dead or died after birth, the husband will still have to wait one year.

The marriage is terminated either through the registry office or in court. The choice of the method of dissolution of marriage depends on the presence of children and the wishes of the spouses. When dissolving a marriage in court, after the decision comes into force, you still need to apply to the registry office for a certificate of divorce. The general rule for divorce is that it is drawn up no earlier than 1 month from the date of application.

Similarly, divorce occurs when one spouse, with mutual consent to divorce, is unable to come to the registry office. In this case, he draws up a notarized consent to divorce. If the spouse is in custody or is serving a sentence in places of deprivation of liberty, his application may be certified by the head of the institution.

IN Lately You can apply for a divorce through Multifunctional Center public and municipal services or through a single portal of public services.

Divorce in the registry office at the request of one spouse

Under certain circumstances, it is possible to dissolve a marriage through the registry office without ascertaining the opinion of the second spouse, at the request of one of them. These cases are strictly defined by the Family Code of the Russian Federation, we list them:

if one of the spouses is sentenced to imprisonment for committing a crime for a period of more than 3 years. At the same time, a copy of the court verdict, which has entered into force, is attached to the application to the registry office.
if the second spouse is recognized by the court as incompetent. A copy of the court decision on recognizing the citizen as incompetent is attached to the application. For the procedure and conditions for recognizing a citizen as incompetent, see: .
if the other spouse is declared missing. A copy of the court decision is also attached to such an application to the state registration authorities, in more detail: .

Divorce in court in 2019

Grounds for divorce through court

Registration of a divorce through the court will be required if there is no possibility and grounds for dissolution of marriage in the registry office. The process of dissolution of marriage will be longer, it will be necessary to file an application for divorce, collect additional documents, the judge may extend the trial to reconcile the husband and wife.

In court, a divorce occurs if there are common children under the age of 18, if one of the spouses objects to the dissolution of the marriage or if he evades from appearing in the registry office. During the consideration of claims for divorce in court, one can declare the determination of the place of residence and the procedure for raising children, the division of jointly acquired property, the recovery of alimony for children and the maintenance of a spouse, and other disputes arising from family relations. However, it is better to do this on your own.

By general rules requirements for divorce refer to, if there are additional requirements, the case may become subject to the jurisdiction of the district (city) court.

As far as territorial jurisdiction is concerned, general case() claims for divorce are filed at the place of residence of the defendant. There are exceptions to this rule; if you have children or for health reasons, the plaintiff can file a lawsuit at his place of residence ().

Divorce through court

Let us consider in more detail the procedure for the divorce of spouses through a magistrate, if only a demand for divorce is filed with the court. If there are other claims combined in one proceeding, the case may be considered in more late dates and with a lot of lawsuits.

After filing a claim with a magistrate or district court, you must wait for notification of the time and place of the trial. Typically, such a notice comes 10-14 days after the filing of the claim. If the notice has not been received, it is worth calling the court and finding out the reasons, it is possible to leave. As a rule, if everything is in order with the application, the court assigns such cases immediately to litigation, 1 month after the receipt of the application to the court.

You can come to the court session in person or ask to consider the case in your absence. The defendant may sue or file.

First of all, the court finds out whether the defendant agrees to the dissolution of the marriage. If there is consent, the marriage is dissolved without further clarification of the motives and grounds for divorce. If the defendant does not agree to the dissolution of the marriage, the judge finds out the reasons for going to court, the possibility of maintaining family relations, after which he gives a period for reconciliation. In this case, the court session is postponed for up to 3 months. At the next court session, if the plaintiff has not filed, the marriage is dissolved.

The court decision on divorce comes into force 1 month after its issuance. If filed, the decision will come into force after the consideration of the case by the court of appeal.

On the day when the court decision comes into force, the marriage will be considered dissolved. With a copy of the decision, you must contact the registry office, which will issue a certificate of divorce. A divorce certificate is a document confirming the dissolution of a marriage.

Thus, when a marriage is dissolved through a court, a divorce will be formalized no earlier than 2 months, and may be delayed for 5-6 months if there is resistance from the second spouse.

A marriage can be dissolved through the court no earlier than 2 months

Divorce through the court with children, the procedure for dissolution of marriage

The procedure for dissolution of marriage through the court in the presence of children does not differ from the usual. At the same time, in addition, the application for divorce can include demands for the recovery of alimony, for determining the place of residence of children and for participation in their upbringing. However, we recommend not to do this, it is much more practical and faster to resolve these issues separately.

Divorce through the court, even with children, is considered by the justice of the peace, he also considers the requirements for alimony. Family disputes involving children are considered only by the district court. Therefore, separate applications can be submitted to different places. When filing a divorce through the court with children, the court can also give time for reconciliation by postponing the court session for 3 months, at which time the rest of the requirements will not be considered.

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Family code of the Russian Federation on divorce

Chapter 4 of the Family Code of the Russian Federation. Termination of marriage

Article 16 of the RF IC. Grounds for termination of marriage

1. Marriage is terminated as a result of death or as a result of a court declaring one of the spouses dead.

2. Marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse recognized by the court as legally incompetent.

Article 17 of the RF IC. Restriction of the husband's right to file a demand for divorce

The husband does not have the right, without the consent of his wife, to initiate proceedings for the dissolution of the marriage during the wife's pregnancy and within a year after the birth of the child.

Article 18 of the RF IC. The procedure for dissolution of marriage

The dissolution of a marriage is carried out in the civil registry offices, and in the cases provided for by Articles 21-23 of this Code, in a judicial proceeding.

Article 19 of the RF IC. Dissolution of marriage in the registry office

1. With mutual consent to the dissolution of the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry offices.

2. Dissolution of marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out in the civil registry offices, if the other spouse:

recognized by the court as missing;

recognized by the court as incompetent;

sentenced for committing a crime to imprisonment for a term of more than three years.

3. The dissolution of a marriage and the issuance of a certificate of dissolution of marriage are carried out by the civil registry office after a month has elapsed from the date of filing an application for divorce.

4. State registration of divorce is carried out by the civil registry office in the manner prescribed for state registration of civil status acts.

Article 20 of the RF IC. Consideration of disputes arising between spouses upon dissolution of marriage in the civil registry offices

Disputes about the division of the common property of the spouses, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or sentenced for committing a crime to imprisonment for a term of more than three years (paragraph 2 of Article 19 of this of the Code), are considered in court, regardless of the dissolution of marriage in the civil registry offices.

Article 21 of the RF IC. Divorce in court

1. Dissolution of a marriage shall be carried out in a judicial proceeding if the spouses have common minor children, except for the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to the dissolution of the marriage.

2. Dissolution of marriage is also carried out in court in cases where one of the spouses, despite the absence of objections, evades the dissolution of marriage in the civil registry office (refuses to submit an application, does not want to appear for state registration of divorce, etc.) .

Article 22 of the RF IC. Dissolution of marriage in court in the absence of the consent of one of the spouses to dissolve the marriage

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

2. When considering a case on divorce, in the absence of the consent of one of the spouses to dissolve the marriage, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months.

The dissolution of the marriage is carried out if the measures for reconciliation of the spouses were unsuccessful and the spouses (one of them) insist on the dissolution of the marriage.

Article 23 of the RF IC. Dissolution of marriage in a judicial proceeding with the mutual consent of the spouses to dissolve the marriage

1. If there is mutual consent to the dissolution of the marriage of spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the motives for divorce. Spouses have the right to submit an agreement on children, provided for by paragraph 1 of Article 24 of this Code, for consideration by the court. In the absence of such an agreement, or if the agreement violates the interests of children, the court takes measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. Dissolution of a marriage shall be effected by the court not earlier than a month has elapsed from the day the spouses filed an application for divorce.

Article 24 of the RF IC. Issues resolved by the court when making a decision on the dissolution of marriage

1. When dissolving a marriage in court, spouses may submit to the court an agreement on which of them will live with minor children, on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of the general spouses' property.

2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, and also if it is established that this agreement violates the interests of the children or one of the spouses, the court is obliged:

determine with which of the parents minor children will live after the divorce;

determine from which of the parents and in what amounts alimony is collected for their children;

at the request of the spouses (one of them) to divide the property that is in their joint ownership;

at the request of a spouse entitled to receive maintenance from the other spouse, to determine the amount of this maintenance.

3. If the division of property affects the interests of third parties, the court has the right to separate the claim for the division of property into a separate proceeding.

Article 25 of the RF IC. The moment of termination of marriage upon its dissolution

1. A marriage dissolved in the civil registry offices shall be terminated from the date of state registration of the dissolution of marriage in the register of civil status acts, and in case of divorce in court, from the day the court decision enters into legal force.

2. Divorce in court is subject to state registration in the manner established for state registration of acts of civil status.

The court is obliged, within three days from the date of entry into force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of the marriage.

Spouses are not entitled to new marriage before receiving a certificate of divorce from the civil registry office at the place of residence of any of them.

Article 26 of the RF IC. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing

1. In the event of the appearance of a spouse declared dead by the court or recognized by the court as missing, and the relevant court decisions are canceled, the marriage may be restored by the civil registry office upon a joint application of the spouses.

2. Marriage cannot be restored if the other spouse has entered into a new marriage.

Answers to the most common divorce questions

I want to divorce my husband, he is against it. Which article to refer to? He cheated on me.

File an application for divorce in court according to our model. You need to refer to articles 21 and 23 of the Family Code of the Russian Federation.

Is it possible for a spouse to file an application for divorce at the registry office of the city of Moscow if the marriage was registered at the registry office of St. Petersburg? Registration of the spouse in St. Petersburg, registration of the spouse in the city of Moscow.

Article 32 federal law"On acts of civil status" a spouse may apply for divorce to the registry office at the place of residence of one of the spouses or at the place of state registration of marriage. In your case, this means that you can apply to the registry office at the place of residence of any of the spouses, including in Moscow. If there is mutual consent of the spouses to divorce and there are no joint minor children.

My husband filed for divorce. If I don't go to the courts, how long will they divorce us? I want to delay the divorce.

Usually, a court session in such cases is scheduled one month after the filing of the statement of claim. If you want to delay the divorce, you need to come to court and declare that it is still possible to save the family, ask them to give as much as possible possible time for reconciliation. If you are convincing, the magistrate will give time for reconciliation to a maximum of 3 months. Justify your position with the desire to save the family. If you do not want to go to court, you can write a statement in which you state in writing a request for time for reconciliation.

How can I apply for a divorce if my husband is in another city and cannot be present in person?

The personal presence of the husband in court is not required. After filing a statement of claim, the court notifies the defendant of the time and place of the case, but his appearance is not required. He can write, if there is no such statement, the court will issue a decision in absentia on the case. Please note in which cases you can file a divorce suit in your place of residence.

My husband and I lived for almost two years, we have a child 1.7 months. I want to get divorced. Registered in different cities. Where should I apply? And I don't know where he is now. What should I do?

You can file a lawsuit with the justice of the peace at your place of residence, indicate the last known address of your husband.

I want to divorce my husband, but we have Small child(2 months). Will I be able to do this without his consent or wait until the child grows up?

The law does not establish restrictions on the dissolution of marriage for women. The fact that you have a small child places a limit on divorce for your husband, but not for you.

My wife and I decided to get a divorce, in 2 weeks she will give birth. Is divorce even possible?

In your case, it is necessary to take into account Article 17 of the Family Code of the Russian Federation: A husband does not have the right, without the consent of his wife, to initiate a divorce case during his wife's pregnancy and within a year after the birth of a child.
Since the dissolution of the marriage will occur no earlier than a month after the filing of the application, you need to apply to the court with a statement of claim. Divorce is possible if the wife does not object, consents to it, or she herself submits this application.

The standard list of documents required for (application, passports, marriage certificate, receipt of payment of state duty) may be extended depending on the circumstances. Documents on the birth of children, extracts on the composition of the family, documents on property (if it is considered simultaneously with a divorce) are added to it.

Pay attention to what documents are submitted in originals, and which in copies.
In some cases, in addition to the list of specified papers, judges may require official documents or other evidence not specified in the list.

Divorce registration can be accelerated in time and simplified by filing (registration office) via the Internet. After the dissolution of the marriage through the court, you can also get it by contacting the registry office through the online form.

Types of divorce

Depending on the relationship between the spouses, whether they have consent to the division of jointly acquired property and other factors, divorce can be carried out in one of two ways - through the registry office and through the court. The latter also involves visiting the registry office to register the court decision in the act book and obtain a divorce certificate.

SK (Family Code) of the Russian Federation provides for the dissolution of marriage simplified form. If the husband and wife do not want to live together, do not have children, or their offspring have reached the age of 18, applications from them will be accepted by employees of the registry office (clause 1, article 19 of the RF IC).
One of the spouses can simplify the divorce even if the family has common child, and the consent of the second half cannot be achieved. It is possible to dissolve a marriage through the registry office without confirmation of a spouse recognized as incapacitated, missing or imprisoned (clause 2 of article 19 of the RF IC).
In all other cases, you will have to file a claim and the required documents to court using a more time-consuming and labor-intensive procedure. Circumstances forcing such actions will be the presence common children, disputes over their place of residence, lack of consent one of the couple for a divorce or division of common property (Article 21, Article 22 of the RF IC).

If the spouses who want to dissolve the marriage and are raising a child have no disagreements, the court will divorce them quickly without explanation(Art. 23 RF IC).

Documents for divorce through the registry office

The easiest way to get a divorce is if both parties want it and they have no children. The package of documents in this case is also minimal. After submitting the application, a month will pass before the registry office employee makes an entry in the divorce register.

List of documents

, signed by husband and wife (form No. 8). The signature of one of the spouses is sufficient, if used statutory option unilateral divorce through the registry office (form No. 9). Ready-made forms can be obtained at the place of application.
Passports of husband and wife.
Original marriage certificate.
Receipt for payment.

If documents are submitted to the registry office after the divorce took place by a court decision, that is, to obtain a certificate of divorce, then an extract from the court decision must be attached.

Submission of documents

Submit documents and sign personally. If, with the couple's mutual consent to a divorce, one of the spouses fails to be present at the filing of documents, he writes an application with a request to accept them and notarizes it.
In the event that the second spouse is in a correctional institution, consent must be obtained from him, certified by the head of the prison.
Divorce can be made easier by applying online. One of the spouses registers on the State Services website, receives an activation code, fills out the form, indicates the details of all required documents(passports, SNILS, marriage certificates), pays the state duty (also possible via the Internet). Then both spouses will have to appear at the registry office on a certain day and personally sign the application. Otherwise, it is considered null and void, and the divorce will not take place.

Documents for divorce through court

The documents that need to be provided to the court are divided into mandatory and those that may be required in a particular region. Before submitting an application, it is better for the interested party to clarify their list. In case of full mutual agreement in all matters, one should apply to the Magistrate's Court, divorce with its help will occur at least 40 days after the first appeal. If the spouses cannot agree, the documents must be submitted to the district judicial authority, and the paperwork process may be delayed.

List of documents

Statement of claim asking for a divorce. It can be drawn up in a more formal way, if both spouses agree, or with a detailed indication of the reasons and circumstances, if the initiative comes from one of them. The latter is necessary in order to convince the court to dissolve the marriage, because the judges will try to save it.
Original civil passports of the spouses (or only the plaintiff, if the desire for divorce is not mutual).
Copies of children's birth certificates (if there are children under the age of majority). They need to be notarized.
A certificate of family composition or an extract from the house register of the plaintiff (if the documents are filed with the court at his place of residence) or the defendant (respectively). It is not required in some regions. Sometimes it is necessary to provide extracts from the places of registration of both spouses, this point must be clarified directly in court.
Original marriage certificate.
Receipt of payment of state duty. Its amount will vary depending on the circumstances of the divorce.

If one of the spouses cannot be present at the court, but is ready to get a divorce, his statement of consent must be attached.

Filing for divorce through court

The party seeking a divorce should file a lawsuit defendant's place of residence.
In some cases, it is allowed to apply to the local court of the region (city, district) in which the initiator of the process is registered. Among them: the residence of common minor children with the plaintiff; Simultaneous with the requirement for a divorce, a claim for the recovery of alimony; bad condition the health of the person submitting the application; incapacity of the defendant, recognition of him as missing or being in prison (if the term is 3 years or more).
Magistrate's Court will consider the claim if both spouses are ready to divorce; they have an agreement with whom the children will live; the question of the division of property is not considered, or the division of property is supposed to be in the amount of 50 thousand rubles. A combination of these conditions must be observed.
In other cases, the case will be considered district court.
You can submit documents to the secretariat not only in person, but also send by mail (then you need to certify the application with a notary) or transfer it through a representative who has a power of attorney from the plaintiff for such actions.

Example

M. and N. got married after M. gave birth to a child from N. There was no information about the father in the birth certificate of the baby. That is, it turns out that they have a common child, but formally they do not have joint minor children in marriage. M. wants to get a divorce and demand alimony from the child's father. In this case, you can do this. If the spouse agrees to a divorce, documents should be submitted to the registry office ( joint statement, show passports, bring the original marriage certificate). If he does not agree, he will have to go to court.

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Before filing a claim for alimony, it is necessary. If the spouse does not object, then the corresponding general statement to the registry office. If he resists, paternity can be established by the court on the basis of genetic examination or other evidence. Establishing paternity can be done before the divorce (then the dissolution of the marriage will take place through the judicial authority) or after it (in this case, you can quickly divorce through the registry office).

Alimony can only be demanded after N. is recognized as the father of the child. If the establishment of parenthood is carried out before the divorce, then the judicial authority can be contacted with a combined claim - for divorce and alimony.

Conclusion

Two instances can divorce spouses: a civil registry office or a court (global or district).
To dissolve a marriage through the registry office, a minimum of documents is needed: passports, a marriage certificate and a receipt for payment.
When filing a claim with the court, the list of documents expands.
You can quickly get a divorce through the court if the spouses do not have mutual claims regarding the property and place of residence of the child. The judicial authority may request a written agreement governing the relationship between it and the parents.

Question answer

- I want a divorce. The wife has a marriage certificate, she does not give it away. How to proceed to receive a duplicate? Where can I get the details for paying the fee? Where do I need to apply if the child is not mine? I don't live with my wife, she wants alimony for herself and her son.
- provides for the dissolution of marriage through an appeal to the registry office, if the couple does not have joint children and both agree to a divorce. Apparently, you will not be able to use this option if the spouse does not make contact. You will still have to apply to the registry office for a duplicate of the marriage certificate, it will not take much time and will not require large financial costs. Find out details in court. Child support is not allowed if the child is not yours according to the documents. If he is under three years old, then you may still have to pay your wife's allowance (until her son is 3 years old).

- My husband took my documents (passport, marriage and birth certificates of my daughter). How to file for divorce if he does not want to return them?
- Judging by what you have conflict situation and there is a child, to dissolve the marriage will have to go to court. But he will not accept the application without the documents you have listed. Talk to your spouse, ask him to meet you halfway. Otherwise, you can write a statement to the police or to the district police officer, but this may adversely affect your husband. You can do otherwise: get a duplicate marriage certificate (you should contact the registry office), write a statement about the loss of your passport and get a new one. The main thing is not to indicate the fact that the husband took the documents as the reason for the loss. To file a lawsuit, you need a copy of the child's birth certificate. If you have it, you can do without the original.