Where to apply for divorce through the court. How to file a divorce through the court without the presence of a spouse: necessary documents and judicial practice of such a dissolution of marriage

Divorce is always a painful process, even if the ex-husband and wife decided to part ways by mutual agreement. More often, another situation is observed when a divorce is complicated, for example, by the unwillingness of one of the parties to share property or the question of who the child should stay with. Depending on the situation, there are different places where to apply for a divorce. There are two possibilities: the registry office and the court.

If you decide to divorce amicably

If the parties do not have mutual claims regarding property and there are no minor children in the family, then you need to go to the registry office to file for divorce. The applicant will need to write an application and provide a minimum package of documents. Usually this is a passport and a marriage certificate. The application form is provided by the registry office officer, and it should not be difficult to fill it out.

The statement states:

personal data (date and place of birth, passport number, etc.);
contact details of the plaintiff and defendant;
an indication of the absence of property disputes and claims;
the reason for the divorce (usually they write that the husband and wife did not get along in character).

The claimant must attach photocopies of all specified documents to the application. The registry office resolves the issue of divorce usually within 30 days and issues documents to former spouses. If they have disputes or have children, then divorce should be sought through the courts.

There are cases when it is possible to apply to the registry office even though the plaintiff has minor children. But this is only possible in some cases if the spouse:

convicted of a criminal offense for more than 3 years;
declared incompetent by decision of the commission;
missing.

Other cases where one spouse can apply to the registry office are discussed in the Family Code.

Questions about the appointment of alimony and other disputes are resolved only by the court. In the registry office, such issues are not considered.

If conflict erupts

In the event of any conflicts and disputes, lawyers recommend that you go to court, and not to the registry office, since this body only registers.

Both parties do not have to go to court. It is enough to file a lawsuit with the spouse who decided to initiate the divorce.

If there are minor children, then a divorce in court is the most practical solution. Upon presentation of a court decision, any registry office will be required to register a divorce. You will also have to apply to the city or world court if the second spouse basically does not want to go to the registry office or lives in another locality and does not show a desire to come.

Documents for divorce by court decision, in addition to the application, marriage certificate and birth certificate of children, must be submitted as follows:

notarized consent, if the second spouse is not against divorce (may be absent);
a statement of claim in a strict form indicating the reason for the divorce and listing all conflict issues;
receipt for payment of state duty.

The rules for completing documents in each court are different. If the claim states that the case is being considered at the place of residence of the plaintiff, then the court may request an extract from the house book from the submitter. If the plaintiff prepares a list of claims, then he must be ready to document his claims.

Alimony and other claims

Simultaneously with filing a claim, you can write an application for the recovery of alimony in court. It is written in a specific form, which can be taken from the secretariat. It should indicate what share of maintenance payments the plaintiff is claiming and why, or leave the amount of payments to the discretion of the court.

If a voluntary agreement on the payment of alimony is concluded between the husband and wife, then a copy of this agreement certified by a notary must be attached to the application.

Usually both applications are considered within the same court session. At least one party must be present in order to hear a claim. The absence of both parties without a valid reason will be grounds for rejecting the application.

The application for divorce can be re-submitted, but you will have to collect the package of necessary documents again and wait for the appointment of a court session. The application form does not change.

You can apply at any time, even if the family has not actually lived together for many years.

Where should divorce proceedings be considered?

The law provides that it is possible to apply for a divorce only at the place of residence of the defendant. This is often inconvenient, especially if the defendant lives in another city or is in hiding after threatening to file for divorce and collect alimony from him.

But according to Article 28 of the Civil Code of Russia, there are several options when it is also possible to file an application for divorce at the place of residence of the plaintiff:

if minor children live with the plaintiff (this should be indicated in the claim);
if an application for the recovery of alimony is filed;
if the plaintiff has health problems and cannot travel to the place where the defendant lives (a medical certificate is needed);
if the defendant is legally incompetent or missing, or if he is serving a sentence for a crime.

The place of application in this case does not matter. For example, it can be written at the place of residence of the defendant, and asked to be considered at the place of residence of the plaintiff. This must be indicated on the application form.

But there is one point that needs to be taken into account. If the claim concerns the division of property, then the issue should be resolved at the location of this property. For example, if a mother with a child moved to another city, but wants to get a share in her husband's apartment, she will have to come to the court session in the city of her ex-husband.

Which court to apply to

An application for divorce must be submitted to the district (or city) or magistrate's court. The choice of court depends on whether disputes arose during the divorce. If the husband and wife have settled all differences before writing the application, the claim is filed in the Magistrate's Court. Otherwise, in the city. A justice of the peace may begin to consider a divorce case if the amount of material claims does not exceed 50 thousand rubles and there are no other mutual disputes.

In other situations, you should apply for a divorce in the city or district court. However, everyone has the right to decide where to go to file a claim. Both in that, and in other court applications should accept. The main thing is that they should be written in a standard form, and everything said should be confirmed.

Therefore, before writing an application for divorce, you should discuss all the points and conclude written agreements, otherwise the consideration of the case may be delayed. The conclusion of a marriage contract greatly facilitates the divorce process, but this practice has not yet taken root in Russia.

If the decision of the court does not suit one of the parties, it is possible to appeal it to a higher authority. Where to carry the application in this case depends on which court originally heard the case. If it is global, then you need to apply to the city, if the city - then to the federal, if the federal - then the Supreme.

Usually, if an application for divorce is filed, everything is decided in the court of first instance.

Deadlines for consideration of applications

The law provides for a 30-day period for the consideration of claims for divorce. In practice, the courts, especially overwhelmed with various appeals, may delay the consideration of the claim. This is usually done under the pretext that the family is given time to reconcile.

If the spouses decide to divorce permanently and have no intention of reconciling, then they must submit documents confirming this along with the claim. For example, evidence that one of the spouses cheated on the other. If the court finds the evidence convincing, it will make a decision already at the first meeting, and there will be no need to re-apply for divorce.

The legislation does not stipulate how many times the consideration of a case can be postponed. Therefore, the Plenum of the Supreme Court of Russia decided that the duration of consideration of an application for divorce cannot exceed three months in total. This is done to encourage judges to consider divorce cases first.

Where to go after the trial?

In the event of a positive decision on the claim, the parties are given an extract from the court decision, and the plaintiff additionally receives a writ of execution. After the entry into force of the court decision, the documents must be applied to the registry office. After paying the state duty (its amount in 2016 is 650 rubles), both parties can receive the original certificate of divorce.

With a writ of execution for the recovery of alimony, the plaintiff will need to contact the bailiff service, where an appropriate application is submitted and a package of necessary documents is attached.

If the registry office refuses to accept the application (which happens very rarely), you should find out the reason for the refusal and, if it is illegal, contact the prosecutor's office.

After the application for divorce is drawn up, it is necessary to decide where it is best to file it. In this article, you will find out what features and innovations were made in 2019.

If you are on the verge of divorce, you are visited by many different questions. At the first stage, you need to decide whether you will apply to the registry office or to the court. Everything is quite simple here. You need to go to the registry office if there are no children under 18 and divorce disputes. Don't forget first.

When all the documents are prepared, it is time to determine which registry office the application should be submitted to.

The best option would be to contact the registry office where you registered the marriage. There are already all the documents about your couple, so there will be no problems.

Now imagine that one or both spouses have moved to another city. In this case, you need to contact the registry office at the place of residence.

In 2019, an application for divorce can be submitted to the registry office if there are no children and property disputes. In all other cases, you need to write an application to the Magistrate's Court at the place of residence of the defendant. Attach to the application: a copy of the passport, a copy of the marriage certificate and a receipt for payment of the state duty. If the divorce is in the registry office, then each spouse must pay 650 rubles. If a statement of claim is filed with the Magistrate's Court, then the plaintiff pays a state duty of 600 rubles.

The term for consideration of your application in the registry office will be only 30 days. During this time, you can change your mind and pick up your documents. If after 30 days you are also determined, come to the registry office and receive a certificate of divorce.

If you live in Moscow, use the website of the Moscow registry office to find out the address of the registry office you need.

Dissolution of marriage in court

Let's consider a more difficult case, when the divorce process will go through the court. There are several cases:

If you have children under 18.
The same applies to couples in which there are disputes about the division of property.
If one of the spouses does not want to divorce at all.

The main task of the court will be to determine the rights of your children. It will be necessary to approve with whom the child will remain. You will also have to decide on the time of visit for the second spouse. The court will be able to decide on the division of property.

The court must be indicated depending on the place of registration of the defendant (second spouse). Although there is an exception here too. If you have a child or suffer from a serious illness, documents can be submitted at your place of residence.

At the moment, you have decided what needs to be done, but the question remains, to which court the claim should be referred.

If there are no children, you can apply to the world court. You can apply to the Magistrate's Court even with children, if there are no disagreements on issues of alimony and the place of residence of the children. In other cases, you need to go to the district court.

Before you carry the documents, be sure to pay the state duty. In 2019, it is 600 rubles, which the plaintiff must pay, otherwise the application will not be accepted at the court office. After that, you can personally bring the application and the entire package of documents. If it is not possible to come in person, send the documents by registered mail.

The court will listen to evidence and arguments from both sides, and you may also be given additional reconciliation time so that the family does not break up.

In our practice, a divorce through the court lasts about 2 months. After that, another 30 days must pass before the decision takes effect. If the other party does not challenge the decision, you can come to the registry office for a certificate of divorce.

To determine the address of a district or world court, use the official service to determine jurisdiction.

Questions and answers

Tatiana
My husband and I have not lived together for 3 years. I live in St. Petersburg, and he lives in Moscow. I decided to apply, but my husband says that he has no time and is not going to come. Please tell me where to apply.

Answer
If you have children under the age of 18, you can apply to the court where you live. If there are no children and the spouse is against a divorce, you will have to apply to the world court at his place of residence, to one of the Moscow courts. If he is not against a divorce, but simply does not want to go, apply to the registry office at your place of residence. The spouse can issue a power of attorney for some relative or lawyer in St. Petersburg, so that he comes to the registry office on his behalf.

Marina
We want to get a divorce, we have a daughter of 7 years. Both live in Tyumen, and are registered in Saratov. There is absolutely no desire to go to Saratov, what can you advise?

Answer
Since you have a minor child, you need to submit documents through the court. You can apply to the district or world court of Tyumen. The exact address of the court will depend on where you live.

Svetlana
My husband and I have not actually lived together for 5 years. We have a daughter from marriage, she is 3 years old. I wanted to file for divorce, but I don't know where. I don't know where my husband lives either. Can you please tell me what to do?

Answer
Contact the district court where you live. You can enter the last known address of your spouse.

If the married life fails, the husband and wife decide to divorce. Divorce in many cases is carried out through the courts. If the divorce occurs by mutual agreement, then you should contact the registry office to complete the procedure. In the event that your partner does not wish to divorce, you must unilaterally file a divorce petition with the court.

Circumstances in which a trial is necessary:

up to 18 years;
if one of the spouses is against the divorce;
when one of the spouses is not in the registry office (avoids), but theoretically approves of the divorce.

Let's analyze the presented cases in more detail. In the first option, the situation is clear: the wife and husband have a common minor child (), but they do not want to continue to live together. Then they have to go to court to get a divorce. The second case - one participant in the marriage union insists on its preservation, and the other does not agree to reconciliation. Such a couple will not be divorced, so they need to solve the problem through the courts.

The most interesting option is when the husband and wife agree to part in words, but one of them ignores this event and does not appear at the registry office on the appointed day. In this case, the initiator of the divorce may apply to the court with a divorce suit.

Do spouses need to attend court in person?

If the consent is mutual, but the spouses do not want to go through the formalities of divorce personally, then they can do this through their lawyers.

Divorce in this form is a common occurrence in Western countries.

Is it possible in our country to divorce through the court without the presence of a spouse? We will talk about this later in our article.

Divorce in the absence of one of the spouses is possible, as it is provided for by the legislation of the Russian Federation. There are various options in which the court decides to terminate the marriage. For example, if a husband or wife wishes to terminate the marriage, which is confirmed by notarized statements. The presence of the spouse is not required if the lawyer (legal representative) of the absent person has come to court. Divorce occurs if only one of the spouses appears at the meeting.

In Russian legislation, there are the following concepts of divorce in the absence of a husband (wife):

divorce without the presence of one party;
marriage is dissolved without the consent of the wife or husband.

Divorce without presence and without consent: what is the difference between these concepts

If one of the spouses is absent during the dissolution of the marriage, then this may not be due to a refusal, but to serious reasons.

Divorce without presence is when the absent person approves the divorce and proves this by his consent in writing.

Such a document must be certified by a notary public.

The absent spouse has the right not to come in person, but to send his legal representative. Divorce without presence is possible if the couple does not have children under 18 years of age. Special cases also allow divorce through the court in the absence of one person. These include the following circumstances:

aggression on the part of one of the spouses against the husband (wife);
the spouse is a foreigner, lives outside of Russia;
both spouses live abroad;
the place of residence of the husband (wife) is unknown;
one of the spouses does not have a residence permit.

You can also get a divorce if both parties are absent. To do this, the spouses must provide their representatives with powers of attorney (), which have notarial power.

A completely different option is a divorce through the courts, if one of the spouses is against the dissolution of the marriage. Such cases are regulated by Art. 22 RF IC. The court has the right to divorce a husband and wife in the absence of either of them at the meeting (CPC Art. 167). Divorce will take place through the court if one of the spouses is absent, and the other party does not have a notarized document confirming his consent to the divorce.

If a husband or wife stubbornly delays filing an application for divorce, then we are talking about evasion.

Then the case will be considered by the court (IC RF Art. 22,). Having accepted the statement of claim, the court without clarifying the circumstances will make a decision after a month.

At the same time, he notifies the defendant of the claim. The fact that the defendant is familiar with the content of the claim, with the date of the court session, is evidenced by his signature and notification of delivery.

A divorce case is simplified if the defendant files a divorce petition in his absence. The document must be certified by a notary. Such statements can be submitted by both parties when filing a claim or during the period of preparation for the consideration of the case.

It happens that the husband (wife) does not have the opportunity to personally participate in the divorce process for such reasons as disability, serious illness, or living in another country. In one of these options, there is a physical impossibility to be present in court. Then the absent spouse needs to document this impossibility. Confirmation of the fact of familiarization of the person with the case will also be required.

Today, courts allow video conferencing between divorce parties living in different countries or cities. To use this option, the plaintiff or defendant must declare this possibility in advance.

The practice of such divorces

Divorce through the court without the presence of one of the spouses is a common judicial practice.

The basis for dissolution of marriage under the law is the unwillingness of the husband or wife to continue to maintain the marriage.

The exception is when a husband cannot divorce his pregnant wife without her consent.

A similar case is the impossibility of divorcing a wife if there is a common child under 1 year old. At the same time, the court does not restrict the rights of the spouse. A woman can file for divorce immediately after giving birth or while pregnant. In this case, she takes full responsibility for her material support.

In practice, lawsuits are often filed by men without informing their wives of their intention to divorce. The woman finds out about this when she receives a notice to appear in court. The absence of both spouses in the process is a common practice of dissolution of marriages. Situations of this kind arise for various reasons: unwillingness to see a partner, lack of time, illness, departure of one of the spouses, partner living in another city, etc.

If one of the spouses is set to reconcile, he may protest and ignore the agenda. In these cases, a unilateral divorce is acceptable. It is possible only through the court.

If one of the partners ignored the divorce hearing three times, then the dissolution of the marriage will occur automatically. It does not matter whether the absence of this partner was unintentional or intentional. Such a reason as the ignorance of the husband (wife) about the trial does not affect the divorce procedure. These rules operate in accordance with the family law of the Russian Federation, when a family union is terminated at the request of one of the partners. Evidence of guilt of the other spouse is not taken into account.

If one spouse opposes the marriage, then the dissolution of the union will occur regardless of the reasons indicated in the lawsuit. The matter becomes more complicated if the couple has children under 18 or property disputes. These factors slow down the process, but do not affect the result.

Documents for divorce without the presence of a spouse

marriage certificate (original);
passport;
consent of the partner to divorce, certified by a notary;
a free-form application drawn up for going to court;
birth certificate of the child, if he is a minor;
an extract from the house book proving the fact of cohabitation with the child;
power of attorney for a lawyer (if necessary, representing interests in court);
documents that confirm the amount of wages;
receipt confirming the payment of the fee.

Families sometimes break up. Former lovers have to leave, and one of the inevitable questions is where to apply for a divorce. In Moscow, this task is not much more difficult to solve than in other cities of Russia. There are two procedures for dissolution of a marriage - administrative and judicial, and the choice of each will depend on the consent of both parties and the presence of children in the family.

Administrative order

Muscovites are used to marrying and parting in the registry office, each of which has its own atmosphere and mood. Now in Moscow, 30 institutions are waiting for visitors, according to the number of districts of the city, and 6 wedding palaces. In one of them, at Chistye Prudy, registering your union is considered the most prestigious.

In order to get a divorce in an administrative order, without going to court and lengthy litigation, 2 conditions must be met:

both partners must agree to parting;
The couple must not have minor children.

If these conditions are met, then you need to go to a convenient office for the provision of public services, regardless of the place of residence or registration of each of the partners, with the following set of documents:

passports of both parting parties;
marriage certificate;
receipt of payment of state duty.

The specialist will issue a form where you will need to enter data from the documents and indicate the surname that each of the divorcees will leave for himself after the dissolution of the marriage. Next, the couple will have to come to the registry office in a month to confirm their intention, sign the civil registry book and receive certificates of divorce.

A month is given so that the husband and wife have the opportunity to change their minds. During this period, either spouse may apply to the institution and withdraw their consent to the voluntary termination of family ties. If the second partner insists on the need for separation, he will have to file a lawsuit in court.

Private situations of divorce through the registry office

In the same order, you can submit documents in a situation where the termination of relations is necessary for other reasons. There are several of them:

the partner has been declared legally incompetent by the court;
he has been declared dead or missing in the manner prescribed by law;
he committed a crime, and the period of detention exceeded 3 years.

In all these cases, the will and signature of the second spouse will not be required when submitting an application. There are two more situations that limit the possibility of parting.

A husband is not eligible to file for divorce if his wife:

pregnant;
sits with a child and has not yet expired a year from the moment the baby was born.

Knowing where to go to file for divorce should not forget that there are ways to avoid the first visit to a government agency. Part of the tasks of filing a divorce can be completed easily using electronic communications.

Important: The state insists on the need to preserve the family and protect children, so the divorce of a couple with minor children will be difficult.

Portal "Gosuslugi"

When answering the question of where to apply for a divorce in Moscow, not everyone knows that this is easy to do through the Gosuslugi website. The process of dissolution of a marriage in an administrative manner will be simplified if both spouses have verified accounts on the portal. If there are verified records, then the request is submitted in the following order:

one of the partners enters the corresponding section. Finds a form and fills in your details;
then he presses the "invite" button, entering SNILS, date of birth and email of the second spouse. He gets the opportunity to maintain his data;
partners fill out an application, choosing the surname that they would like to keep after the divorce;
the couple pays the state fee. If you do this directly on the Gosuslugi website, you can save 30%;
spouses determine the specific institution of the registry office where it would be convenient for them to come;
the document is signed with an electronic signature and sent through the service to the registry office that was chosen by the couple.

The time for a personal visit to the selected institution will be scheduled within 5 minutes, the couple will be notified about it by a letter in their personal account or by SMS. The couple will need to wait a month, and then come to the institution at the set time. If one of the spouses for valid reasons (business trip or illness) cannot come for consideration, there is an option to issue a notarized power of attorney to some person to carry out all actions related to the dissolution of the marriage. After submitting the application and paying the fee, it will be impossible to change the address of the registry office or the wedding palace.

Attention: When using the capabilities of the portal, it will be possible to save time and 30% of the amount of the state fee.

When to go to court

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to know how to solve your particular problem, please use the online consultant form on the right or call the free hotline:
8 800 350-13-94 - Federal number

8 499 938-42-45 - Moscow and Moscow region.

8 812 425-64-57 - St. Petersburg and Leningrad region.

There are several situations in which the question of where to apply for a divorce in Moscow gets an answer - to the court. In most cases, partners will have to contact the global one. But under certain conditions, they will have to apply to the district if the amount of property claims has exceeded the established limit.

In the latest edition of the Family Code, 2 reasons are identified for which it is required to go this way:

the couple has children who have not yet reached the age of majority;
Only one spouse wants a divorce, while the other evades it.

Previously, those marriages were terminated in this order, in which the partners could not reach an agreement on the division of jointly acquired property. Now nothing prevents a divorce in the registry office, and property disputes are resolved later, in court.

How to divorce in court

Having found out where the application for divorce is filed, it is necessary to decide how exactly to prepare the claim. It must be understood that disputes related to children and property require a serious evidence base to defend one's position. It should be borne in mind that it is not an application in the prescribed form that is submitted to the court, but a claim. It may state any additional requirements. Among them:

establishment of alimony;
a request for a decision with whom exactly the children will live;
division of property, which can be either equal or with the allocation of a larger share to the spouse with whom the children remain.

The separation process

Filing for divorce is only the first step. You will need to go through a lengthy litigation process. The statement of claim, in which all the requirements are expressed, is sent to the court in two ways:

personally. Prepared documents are handed over to the court office;
by mail. It is better to send the package with acknowledgment of receipt and with a description of the attachment. This ensures that the claim will go to court and be registered.

Simultaneously with the filing of the application with the court, a copy will need to be sent to the second spouse, keeping the receipt of sending. It will need to be presented to the arbitrator. In addition to acknowledging the notification, you will need to submit:

justification for paying alimony as a percentage of the income of the other spouse or in a fixed amount, this is possible when the income of the partner is irregular. The amount of alimony in a fixed bag must be equal to half the subsistence level per child in the region or exceed it if the partner’s income allows it;
draft agreement on the division of jointly acquired property;
documents confirming why the children should stay with the applicant spouse.

Usually, the judicial review takes no more than 2 months. But if the second partner evades attending meetings or contests the decision by filing an appeal, its entry into force may be delayed up to six months. After receiving the document in force. It will need to be submitted to the registry office. Based on it, the necessary data will be entered into the civil status register book. Only a copy of the judicial act will need to be submitted to the state institution. If the documents are submitted through the State Services portal, it will only be necessary to enter such details of the decision as the number and date.

Note: When registering property rights to real estate objects determined by the court as the property of one of the spouses, a court decision will also become the basis for re-registration.

Knowing how to cut down on the hassle of filing for divorce can be helpful for a separating couple. When going through the procedure, it will be extremely important to quickly and efficiently solve all bureaucratic tasks and receive a certificate. Only in this field it will be possible to think about new relationships.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write a question in the form below:

They say family is work. If the work is done poorly, it leads to divorce. Most often, the reason is banal - they did not agree on the characters. Often, spouses try to save the relationship, but if a divorce cannot be avoided, families with small children will have to divorce through the courts.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

How to apply?

Both spouses must apply for a divorce. Dissolution of a marriage is also possible at the request of one of the spouses, if the other has lost legal capacity or received a prison sentence of more than three years. In this case, the opinion of this spouse is not taken into account.

The Family Code of the Russian Federation regulates the right of every citizen who is married to file an application for its termination.

What documents do you need to have?

The application is submitted along with the following package of required documents:

Marriage certificate;
birth certificates of children;
an agreement defining with whom the children will remain after the divorce (if any);
a claim for the division of existing property (optional);
check for payment of state duty;
power of attorney (provided if the spouses have resorted to the services of a lawyer).

Arbitrage practice

The court session will take place one month after the application was filed., Not earlier. In the process of hearing the case, the spouses will need to answer a number of questions, the answers to which the court will take into account when making a decision.

The court may make one of the following decisions:

divorce spouses;
dismiss the claim;
hold a rehearing.

During the trial, the court will decide who will have children after divorce. In this matter, the court considers:

the opinion of children who have reached the age of ten (children under ten years of age most often stay with their mother);
wishes of parents
age of parents, their state of health, addiction to alcohol and drugs, addiction to gambling, mental state;
material security of both parents, living conditions, place of work;
other components.

With whom the children will live after the divorce does not have to be decided by the court. Parents are free to make their own decisions. and confirm it with an appropriate agreement. The agreement must state:

with whom the children will live;
the time at which the other parent will see the child;
the amount of child support to be paid.

The agreement can also be concluded orally, but it would be much better if the spouses conclude it in writing and notarize it. The main criterion for the agreement is the need to prescribe conditions for each child.

If the decision on the issue of residence is decided by the court, then it will be established how many hours per week and in whose territory the second spouse can see the children.

If one of the parents solves the problem, how to divorce your husband (or wife) and keep the child to yourself, he must provide the court with the following information:

a certificate from the guardianship authorities confirming that appropriate conditions have been created for the life of children;
income statement;
recommendation from the place of work;
confirmation that the children will not be left alone during his absence (stay at work);
evidence that it would be better for the children to stay with him.

Divorce when the wife is pregnant or raising children in the family up to a year

According to the regulation of Art. 17 of the Family Code of the Russian Federation, a husband is not entitled to file for divorce if his wife is pregnant or the family has children under one year old.

If in such circumstances the desire to divorce is shown by both spouses, the divorce can be formalized with the birth of a child. The court will need to submit a number of documents:

decision on the residence of the child;
maintenance agreement;
agreement on the division of existing property.

During the hearing of such cases the court can make the following decisions:

refuse to divorce if the pregnant wife does not give consent; if the child was born, but he is not yet a year old, and the mother does not agree to a divorce;
reject the claim if it is incorrectly drawn up;
adjourn the hearing for up to a month.

How to get a divorce if the family brings up children under three years of age or children with disabilities?

Article 89 of the Family Code of the Russian Federation regulates that in the event of a divorce of a family in which children under three years old are raised, the former spouse will be obliged to pay alimony to both the child and the ex-wife who is on maternity leave.

If the child is disabled from birth, the father will have to pay child support until he reaches the age of majority.

Divorce in the family when there are two or more children

The procedure for the divorce process of families raising two or more children is similar to the procedure for the divorce of a family with one child. The difference lies only in the order in which alimony is calculated.

According to the regulations of Article 81 and Article 83 of the Family Code of the Russian Federation Alimony is awarded as follows:

for one child, the parent must pay one-fourth of their income;
the amount of the payment is one third of the income;
for three children or more - half of the total income.

Government Decree No. 841 of July 18, 1996 determines sources of income from which the parent will have to deduct child support:

wage;
payments accrued for additional hours worked;
all surcharges and allowances provided for by law;
accrued vacation pay;
business income;
amounts received on the basis of the conclusion of contracts;
scholarships
all types of benefits;
premiums;
pensions.

If the parent does not have a steady income, the amount of alimony will be determined as a constant. If the spouses decide on the payment of alimony on their own, they can agree that part of it will be paid in a fixed amount, part as a percentage of income.

If the parent belongs to the category of low-income citizens, he has the right to reduce the amount of alimony in court.

The court decision on the dissolution of the marriage takes effect 10 days after the adoption. If the spouse (defendant in the case) does not agree with the decision of the court, he must file a claim for review within this time.

Division of property in the presence of children

Paragraph 4 of Article 60 of the Family Code of the Russian Federation regulates that the presence of children in the family does not affect the spouses during the divorce proceedings, because. children cannot lay claim to their parents' property, and parents have no right to claim property rightfully belonging to their children.

However, paragraph 2 of article 39 of the Family Code of the Russian Federation provides for the right of the court not to take into account the equal rights of spouses to property in order to protect the interests of minor children. The regulation of this paragraph of the Family Code is not mandatory, whether the court decides to take it into account or not. In the event that this paragraph is taken into account, the children will not receive ownership of the property.

Consider a specific example

A married couple is getting divorced, raising a minor child and having an apartment bought on equal mortgage terms. Only the spouse is registered in the apartment, his wife and child have a residence permit in another city. In this case, the divorce process will take place in court.

Property acquired jointly by the spouses will be divided. A representative of the bank will be involved in the division of the apartment, because. the mortgage has not yet been paid and the apartment is pledged to the bank.

The court can award each of the spouses half an apartment, subject to the consent of both of them to continue to pay the loan. The court has the right to award a share of the apartment exceeding 50% to the spouse with whom the child will live after the divorce.

If one of the spouses wishes to give up their share, and the other is ready to assume the obligation to pay his share of the mortgage, the court may make an appropriate decision in favor of the spouses.

Surname of the child after the divorce

The law of the Russian Federation does not prohibit changing the surname of a child after the dissolution of the marriage by his parents. A parent who decides to change a child's surname must get the consent of the former spouse.

To obtain permission to change the child's surname, parents must sign an appropriate agreement confirming their mutual consent to this, and certify it in a notary's office. The agreement is submitted to the guardianship authorities along with the relevant application and the following documents:

passports or other documents identifying both parents;
divorce certificates;
birth certificate of the child;
an extract from the house management with data on the registration of the child.

Parents can independently change the surname of a child under the age of ten. Children who are already 10 years old at the time of the change of surname have the right to agree or disagree with the decision of the parents. Guardianship authorities in this case should take into account the interests of the child. Parents no longer have the right to change the surname of children at the age of 14.

If the guardianship authorities make a positive decision, parents will be issued a document to submit to the local registry office. The document is submitted along with the relevant application, on the basis of which the child's surname will be changed within thirty days.

It is possible to change the surname of a child at the request of only one of the spouses for a number of reasons.:

the surname is changed in order to provide more comfortable living conditions for the child;
the second parent has lost legal capacity (must be confirmed by the necessary documents and a court decision);
the former spouse is deprived of parental rights;
the second parent was declared missing by the court.

A parent who decides to change their child's surname must apply to the guardianship authorities with a statement and copies of the court decision.

There are cases when the second parent, who has not lost his legal capacity and has not been declared missing, does not comply with the maintenance agreement, does not show a desire to take part in the upbringing of the child, or behaves inappropriately with the child. With such behavior of the parent, the guardianship authorities may give the second permission to change the child's surname without requiring compliance with the above conditions.

Read more about changing a child's surname without the consent of the father.

As a result

Divorces of families in which minor children are brought up are made in court. If, during a divorce, issues of residence, further upbringing, maintenance of children, payment of alimony, division of joint property and the names of children, the spouses decide amicably, the court takes their decision into account.

In cases of disagreement between the spouses on one or more of the above issues, the decision on them is made by the court.