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A divorce is being made. Divorce: where to start if you have children? necessary documents for the divorce process. How quickly can you get a divorce by mutual consent

Fast? In general, breaking up officially registered relationships is not as easy as it seems. Especially if the marriage is complicated by something. For example, the presence of minor children. In any case, you can terminate the relationship at any time. This right is given by law to all citizens. Nobody is able to take it away. However, you need to be aware of a few nuances. Otherwise, the divorce process will not only drag on for a long time, but will also bring a lot of problems to the spouses. So what should you pay attention to? How can you get a divorce pretty quickly? Especially if there is no protest from the second half.

From the situation

A huge role is played by the situation that takes place in the family. Somewhere divorce takes place in a matter of days. In some cases, it drags on for many months. And the consequences also take quite a long time to sort out.

That is why you should first pay attention to what kind of development of events takes place in a particular cell of society. How to quickly divorce your husband? The fastest way is mutual consent. Then you don’t have to wait once again and seek the approval of your spouse. Therefore, the first advice - you need to enlist the support of the second half. It is likely that she is also not happy with the registered relationship.

Without property

To begin with, it is worth considering the simplest scenario: when the marriage is not burdened by anything and the parties do not have any jointly acquired property or disputes regarding this issue. Then an urgent divorce is issued in a month.

Citizens must apply to the registry office at the place of residence of one of the parties. Certain documents are submitted there, then you need to wait a month. During this period, the husband or wife is able to withdraw the application for divorce. 30 days according to the law is the time of reconciliation.

As soon as this period expires, the parties must return to the registry office at the appointed time (possibly at different times, not necessarily together) and receive a divorce certificate there.

Documents that you need to bring with you to terminate the relationship (at the first visit):

  • statement;
  • parties' passports;
  • receipt for payment of state duty.

Property disputes (small)

How to get divorced quickly? If we are talking about more serious relationships that were burdened by the purchase of common property, then you will have to try. Especially if there are disputes during the separation.

Here you can break down property issues and divorce into several parts: disputes small and large. In the first case, it is recommended to agree. If this does not work out, then the initiator of the divorce must go to court.

You should not be afraid of this. You will need to write a claim and submit it with a certain list of documents to the district court (at the place of residence of one of the spouses). They bring with them:

  • passports of applicants (or one of them);
  • marriage certificate;
  • documents for joint property;
  • payment document, which confirms the payment of the state fee for divorce.

The minimum term for consideration of the case is 3 months. So much is allocated for reconciliation of the parties. If desired, citizens can withdraw the claim and not file a divorce.

Serious property disputes

Nevertheless, it often happens that people tune in decisively. Then there is only one thing left - to get divorced. If we are talking about mutual consent, but at the same time the divorce process is burdened with serious property disputes (over 50,000 rubles), then you will have to go to the world court.

There is no significant difference in performance. But, as practice shows, it is best to peacefully agree on the division of everything acquired together. And this is normal. It is recommended to conclude Or in advance at the notary, or already directly in court. Then it will be possible to get a divorce without problems.

The documents that must be submitted to the Magistrate's Court are the same as in the case of applying to the district authorities. Special attention should be paid. After all, that is why it is necessary to formalize the process in court.

Children

How to get divorced quickly? It will not be possible to bring the idea to life in the shortest possible time if people have minor children. We are talking about joint kids. In this case, the only way is through the courts. There is only one difference - in the absence of disputes regarding the residence of children, the termination of the relationship ends faster.

Parents were able to agree with whom the children will live? Then a settlement agreement is concluded (preferably in advance, with a notary), after which the previously listed documents are submitted to the Magistrate's Court. If there is a conflict, then you will have to invite the guardianship authorities and additionally provide:

  • income statements;
  • birth/adoption certificates (in case of any divorce);
  • confirmation of the availability of housing;
  • results of a medical report on the state of health.

In general, everything that will help indicate the well-being of parents. In particular, those with whom the children are supposed to live. This is a completely normal practice, you should not be afraid of it. Usually minors stay with their mother.

newborns

How to get divorced quickly? Practice shows that during the wife's pregnancy and after childbirth, a man is not able to bring the idea to life. If he intends to terminate the officially registered relationship, then he will have to persuade his wife to do so. A pregnant woman can file for divorce, her husband cannot. And this right is reserved mainly for a woman for a year from the moment the baby is born.

In general, the process is no different. If the spouses both agree, they apply to the registry office with a statement at the place of residence of the wife. In the presence of disputes - in the world or district court. The plaintiff must be a woman.

After the courts

Now it’s clear how to get a divorce quickly by mutual agreement. However, what to do if the judgment is already in place? Courts do not issue divorce certificates. So, it is required to produce the corresponding document.

As already mentioned, you need to come to the registry office. There are provided:

  • certificates of a court decision;
  • application of the established form;
  • the identity of the parties;
  • certificate of marriage and birth of children (if any);
  • fee payment receipt.

After that, the employees will issue the appropriate document to each of the parties. can be picked up. Only then can the process be considered 100% complete.

Price

What else needs attention? That divorce is not a free process. Just like getting married. As practice shows, citizens will have to pay for these procedures.

The cost of a divorce in 2016 is 650 rubles. This amount is paid by one of the parties, it is considered for both spouses. Not too big money.

In addition, the unspoken cost of a divorce can include nerves and time (from 1 to 3 months minimum). Accordingly, if there are no encumbrances, then the process will pass quickly. But if you have children and common property, you will have to try hard. Now it’s clear how to get a divorce quickly in one case or another. It is recommended to think carefully about whether this is necessary. And just like that, do not submit an appropriate application to the registry office or the courts. Yes, within a month you can pick it up, but in this case, relations between the spouses are unlikely to improve!

It just so happens that in our country, almost a fifth of all marriages break up in the first three years of marriage. As a rule, during this period, spouses do not always have time to have children. Therefore, in most cases, an application is submitted to the registry office for divorce without children. But even in this case, when the spouses do not have any claims against each other, certain nuances are possible, which you need to know in order to divorce your wife competently.

It is necessary to gain courage and in a tactful manner, to calmly discuss everything that does not suit you, how long it has been happening, the prospects for further life together, as well as the opportunity to have time to start life from scratch.

You need to try to make the person agree with you. Then the divorce will happen by mutual agreement, without unnecessary stress. It will also be possible to maintain good relations and seek help from each other in difficult moments of separation.

How to divorce a spouse when there are no children, there is consent

It is easiest to divorce your wife when the divorce occurs without children and without a property dispute. In this case, you will need the following:

  1. Personal presence of the spouses (or a notarized statement of one of them);
  2. Statement of the established form in the registry office;
  3. Payment of state duty (one payment).

A sample application (on the form - form 8) for divorce in the absence of children can be taken directly from the registry office.

This application must contain the following information:

  • the name of the registry office office where the application for divorce is filed;
  • the address where the applicant lives;
  • surname, name, patronymic of the spouses;
  • date, month, year of birth;
  • which country the applicant is a citizen of;
  • passport data;
  • Marriage certificate details:
  • it is also necessary to enter the names that the spouses leave for themselves after the divorce.

Passports are required here (basic data are taken from them during the application process). The procedure for breaking off relations in this case will be completed in a month, after the spouses have written and registered the corresponding application.

The legislator has set such a period in case the couple suddenly changes their mind and decides to withdraw their application. It should be remembered that throughout this period the written document for divorce without children and property disputes should not change. Otherwise, you will simply be sent to court.

Consent and no children

In practice, cases are not uncommon when only one of the spouses needs a divorce, and the other in every possible way prevents the divorce through the registry office without children. This will definitely have to go to court. Regarding the documents that will be required to start the divorce procedure without children and without consent, their duplicates can always be obtained from the authorities where the originals were issued. To initiate a divorce proceedings in court, you will need:

  • statement of claim - ;
  • receipts for payment of state duties.

The law provides for the possibility of considering the case without the presence of the plaintiff, for this the corresponding desire must be reflected in the application. Under this option, the judgment will be sent to the plaintiff by registered mail.

It is worth noting that the division of property can be a subject of dispute, both during the divorce process and after its completion for three years.

Usually a divorce through a court without children, if there is no property dispute, does not take much time - from a month to three. It all depends on the position of the second spouse. It is important to understand here that the divorce of spouses without children can be extended in time due to a court decision to give the spouses time for reconciliation. The law allows up to three months for this.

If the second of the spouses completely ignores the court hearings, while being properly informed about them, a unilateral divorce without children is possible after the third failure to appear at the scheduled meeting.

Features of a unilateral divorce

The legislation provides for cases when only one person can write an application for divorce without children. The sample application in this case must contain a reason indicating the legally provided right, namely:

  • the second of the couple is incapacitated;
  • spouse (wife) are in prison with a sentence of more than three years in prison;
  • the absent spouse has gone missing.

To file a divorce in the registry office without children, you need to provide a copy of the court decision with a note that itentered into forceand has not been appealed. Then the state duty will have to be paid in a smaller amount. You can find out the specific amount for a certain date by reading the relevant norm of the Tax Code.

In the case of a unilateral divorce, an application form (form 9) is filled in, how to fill it out, we will explain below:

  1. The full name of the division of the registry office is indicated, to which the package of documents for divorce is sent;
  2. The content of the application must include information about the intention to dissolve the marriage with the spouse, and his (her) full surname, name, patronymic;
  3. Data on spouses, as well as information on the last place of residence of the spouse, whose whereabouts are currently unknown (in case he went missing);
  4. The reasons for the divorce, on the basis of which the applicant applied, as well as information about the court decision on recognizing the person as missing are indicated;
  5. Passport details of the applicant;
  6. Details of the certificate of registration of a previously concluded marriage.

If the application is written by the wife, then she must also fill in the column indicating the surname, which will remain with her after the dissolution of the marriage.

In case of incapacity of the spouse, it is necessary to indicate the address and full name. guardian.

If the spouse is serving a sentence of imprisonment, the details of the institution are indicated. in which it is located.

There is a property dispute, but no children

If there are no children in the family, and the spouses decide to leave, but they have a property dispute, this can be done in two main ways. The first is to file documents for divorce through the registry office, terminate the marriage, and then sue for the division of property. In this case, the litigation will be considered between two free citizens who are free to simultaneously equip their new family life.

But in most cases, when there is a dispute over property, the claim for divorce through the court without children is filed together with the requirement for the division of property. Then the divorce procedure without children can be significantly delayed, and the spouses will formally be married all this time and bear mutual obligations. Therefore, it is more expedient to initially file an application for divorce to the court, break off relations, and only then proceed to the division of the acquired property together.

Is it possible to simplify the divorce, make it quick?

Of course, the order of the divorce process without children with mutual consent greatly simplifies the task of formalizing and arranging later life. After all, you do not need to think about how to pay alimony, help a child in difficult times, or just be with your child.

You should strive to terminate the relationship through the registry office, and not through the court, since the latter option is longer in time and is accompanied by negative emotions and stress. Moreover, usually the court maintains a certain time for the spouses to make a final decision; finds out all the nuances of family life to confirm the impossibility of the further existence of the family.

In order to reduce the terms of the divorce process in court, it is necessary to strive to reach a compromise, drawing it up in the form of an agreement with a notary, which will not allow one of the parties to refuse previously accepted agreements in court. On average, a divorce through the court takes at least 3-4 months.

It should be noted that the registry office can file a divorce without minor children, if there are still children in the family. In other words, if your children are over 18 years old, you also have the right to go to the registry office, apply and in a month receive a document confirming the break in relations.

For those who are afraid to get divorced because of child support, you should know another rule of law, according to which you can issue child support without a divorce. So you won’t be able to get away from the maintenance of your child, if you wish the second of the spouses.

In what cases will a divorce be made as quickly and freely as possible?

1. The presence of mutual consent of the spouses to file for divorce;

2. If the spouses live separately for a long time and there is evidence of this;

3. absence of children, or the age of children exceeded 18 years;

4. Husband or wife is serving a sentence of imprisonment;

5. One of the spouses has been declared legally incompetent by the court.

How much does a divorce cost in 2020?

The price varies depending on the city. in which a statement of claim is being prepared and the status of a law office. We suggest focusing on the following numbers:

Preparation of a statement of claim with a package of documents - 5 - 7 thousand rubles;

Representation of interests and their protection at a court hearing - 10 - 15 thousand rubles;

Appeal of a decision made by the court - 5 - 7 thousand rubles.

Given the negative aftertaste that remains after the decision to break off relations, it is advisable to initially find for yourself the best option for the legalization of this process so as not to injure yourself and your ex-spouse (wife). Everything happens in life, it is better to stay in a distant, but good relationship, because there is little how fate will turn in the future.

It's even better to hear each other's complaints, try to change both of them and save the family!

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

The most detailed information on 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 the birth of a 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 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.

Recently, you can apply for the termination of marriage through the multifunctional center of state and municipal services or through the 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 divorce process 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.

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

With regard to territorial jurisdiction, in the 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 at a later date and with a large number of court hearings.

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 appoints such cases immediately for trial, 1 month after the application is received by 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, you can submit separate applications 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.

We suggest downloading:

Need more information?

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 the further joint life of the 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 enter into a 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.

According to Article 32 of the Federal Law “On Civil Status Acts”, a spouse may file an application for divorce at 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 the preservation of the family is still possible, ask for the maximum 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 a 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.

In 2019, the divorce procedure in Russia remains the same. You can dissolve a marriage in an administrative (through the registry office) or in court. It is also possible to file for divorce through the State Services or the MFC (in the event of an administrative divorce). To file for divorce, you must follow all the procedures prescribed by law.

Grounds and ways of dissolution of marriage

The current Russian legislation provides for two options for divorce: (civil registry offices, i.e. in an administrative manner) and (judicial procedure). Of course, from a legal point of view, the easiest way to part is by filing an application with the registry office, but not all divorcing couples have such an opportunity - for example, divorce will have to go to court if the spouses have common minor children, if one of the parties (husband or wife) does not agree to divorce, or if they have disputes about the division of property.

You can apply to the registry office only if certain conditions are met:

  • both spouses apply jointly, without objecting to the separation, and also do not have common children who are under 18 years old;
  • only one spouse files for divorce, while the second was either sentenced to a long term for a crime (more than 3 years), or recognized by a judge as incompetent or missing.

Writing an application

This period is provided so that the divorcees can rethink the decision. Only after confirming the readiness to complete the divorce procedure, the former spouses will be issued a certificate of divorce.

You can also apply for a divorce at the registry office or.

Divorce in court

Any judicial procedure always provides for certain difficulties and duration of the resolution of the case. This is also true for divorce proceedings. Divorce should be done through the court if:

  • the husband and wife have common children who have not reached the age of majority;
  • spouses cannot independently resolve property disputes;
  • one of the spouses does not agree to parting amicably or refuses to submit a joint application to the registry office.

Appeal to the court begins with filing a claim for divorce, which must be drawn up in accordance with all the rules for its speedy acceptance by the court for consideration.

Which court to apply to

Charges for filing a lawsuit National tax:

  • 600 rubles for a simple divorce;
  • up to 60,000 rubles when dividing property (the amount of state duty in this case depends on the price of the claim).

Deadline for reconciliation

The judge, at his discretion, determines whether it is possible to save the family. Even if there is even a minimal probability, then he can appoint a husband and wife a period for reconciliation. Such a term cannot be more than 3 months but cannot be less than 1 month. In order to reduce the time limit set by the court, the parties have the right to ask the court to do so, providing justification for such a reduction.

Court session and issues resolved by the court in its course

The court session is held on the day appointed by the judge. The parties will be notified in advance of this date and time of the hearing. The following issues may be resolved by the court:

  1. About collecting child support.
  2. About recovery (spouse).

The court's decision

In the divorce process, a court decision is one main document, because it is on its basis that the marriage will be recognized as dissolved. In addition, it is on the basis of the decision of the judicial authority that a certificate of divorce is issued.

The decision of the court on divorce entails legal consequences only after it enters into force. To do this, it is necessary that a month has passed after its issuance, allotted for the possibility of appealing it.

Judgment can be appealed to a higher authority. This can be done not only by the plaintiff or defendant, but also by any third party participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of the dissolution of the marriage itself, but also how the court divided the jointly acquired property or determined the place of residence of the children.

Certificate of divorce and the possibility of changing the surname

Certificate divorce is issued by the registry office. To obtain it, you must submit an extract from the court decision on divorce. An extract (it indicates everything that the registry office should take into account when taking actions to issue a certificate) must be issued within 3 days from the date the decision comes into force. If it is difficult or impossible to obtain it, then a copy of the court decision is also suitable for presentation. The certificate is issued to each party, to obtain it you need to pay a state duty in the amount of 650 rubles from each spouse. In case of its subsequent loss, it can be restored by re-paying the state duty.

After divorce spouses have the right to change their surname. This must be done at the time of registration of a divorce in the registry office, that is, when applying for a divorce certificate. Remember that when you change your surname, you will also have to change your passport!

Special cases

When a marriage is dissolved, there may be situations that require separate consideration.

Divorce without the presence of a spouse

Divorce without the presence of one of the parties is possible in the following cases:

  • if the spouse is physically unable to be present in court or the registry office;
  • if the spouse does not agree to parting and expresses this by his absence;
  • if the spouse is recognized by the court as incompetent, missing, or convicted for a term of 3 years and is in prison.

If one of the spouses cannot be present during the divorce procedure, he can authorize a trusted person to represent his own interests.

The court may also conduct a trial in absentia. In this case, the defendant is informed about the divorce process, while he must report the impossibility of attending the meeting and ask to postpone the hearing or consider the case without it, but if he did not use this right, the court will make a decision in absentia.

In the event that the defendant fails to attend the hearing three times for reasons that cannot be recognized as valid, the court at the last hearing makes a decision on divorce.

With mutual consent, both the employees of the registry office and the judge can dissolve the marriage in the presence of only one of the parties. At the same time, it must be remembered that in the absence of mutual consent, a marriage can only be dissolved through a judicial procedure.

Divorce with a foreigner

It is possible to terminate a marriage union with a foreign citizen in Russia both through the registry office and in court.

  • Administrative divorce produced according to the standard procedure for the Russian Federation. It is also possible to dissolve a marriage without the presence of a foreign spouse, but in this case, his application, certified by a notary, will be required.
  • Divorce in court may be accompanied by a number of difficulties in the absence of a foreign spouse on the territory of the Russian Federation. In such a situation, divorce is possible without the presence of this spouse, but his application will be required, as well as full observance of his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted spouse

If one of the spouses has been sentenced to a term of 3 years or more and is in places of deprivation of liberty, then the second spouse may terminate the marriage with him in an administrative manner. Such a procedure is possible even if there are common minor children.