How and where to file for divorce. A complete list of documents for divorce through the registry office

The marriage is dissolved in court if you:

have minor children;
there is no mutual consent to divorce (regardless of the presence of joint minor children).

If you do not have minor children and there is mutual consent to divorce, or if your spouse has been sentenced to more than three years, is declared missing or incompetent, you need to contact the Civil Registry Office directly.

2. How to file for divorce in court?

To dissolve a marriage through court, you will need the following documents:

About divorce:
- V magistrate's Court,

On divorce and division of property:

">statement of claim;

marriage registration certificate (if the original is lost, it must be obtained from the civil registry office that carried out the state registration of the marriage);

the defendant (if the claim is filed at the defendant’s place of residence) or an extract from the plaintiff’s house register (if the claim is filed at the plaintiff’s place of residence);

birth certificates of minor children (notarized copies), if you have children;

All about the state duty for services provided by courts:

If everything is in order with the documents submitted to the court, you will be given a date for consideration of your case within two weeks.

3. What happens in the courtroom?

If at a court hearing both spouses (in person or through representatives) come to a mutual agreement to dissolve the marriage, the court will issue a divorce decree after the first meeting. If one of the spouses refuses to divorce, the court will give a period of one to three months for reconciliation.

If the opinion does not change by the second meeting, the court will decide on divorce and issue a corresponding decree.

If the spouse (or his representative) who does not want to dissolve the marriage does not come to court three times, the marriage will be dissolved without his participation after the third meeting.

4. Do I need to go to the registry office then?

Yes need. Once you receive a court decision and it enters into legal force, you will no longer be considered husband and wife, but you will need to register the fact of divorce and obtain divorce certificates. This is done at the registry office. You will need:

identification document;
a copy of the court decision on divorce (it must enter into legal force);
If you are divorcing by mutual consent, each spouse must pay the state fee. When divorcing a marriage with a spouse who has been sentenced for more than three years, who has been declared missing or incapacitated, the state fee is paid only by the one who files for divorce.
According to Law No. 210-FZ “On the organization of the provision of state and municipal services” of July 27, 2010, you are required to pay the state duty, but you have the right not to present a receipt.
">receipt on payment of state duty;
power of attorney for a representative (if you are unable to submit documents in person. The power of attorney must be notarized).

You can submit documents for divorce to the Moscow Civil Registry Office at your place of residence or at the place where your marriage was registered. A divorce certificate will be issued on the day of application.

If the divorce has already been registered by one of the spouses, it is advisable (but not necessary!) for the second spouse to contact the same registry office department.

5. How to divorce a foreigner?

It is possible to dissolve a marriage with a citizen of another country or a stateless person permanently residing in the territory of another state both in Russia and abroad. But if your husband (your wife), despite foreign citizenship, permanently resides in Russia, you need to get a divorce on the territory of the Russian Federation.

In Russia, the procedure for divorcing a foreigner is no different from divorcing a citizen of the Russian Federation. Except that all documents in a foreign language must be legalized (unless otherwise provided by international treaties of the Russian Federation) and translated into Russian. The accuracy of the translation must be certified by a Russian notary.

If you decide to get a divorce on the territory of a foreign state, do not forget that the marriage will be dissolved according to the laws of that state. If they do not contradict the laws of the Russian Federation, the divorce will be considered valid in Russia. However, the document will need to be apostilled.

the spouses are the adoptive parent and the adopted child;

one of the spouses was declared incompetent by the court at the time of marriage;

one of the spouses hid the presence of a sexually transmitted disease or HIV infection from the other.

These circumstances must be proven in court.

Divorce is the official termination of a couple's registered relationship. The official date of the beginning of marriage is the day of registration of the act in the civil registry office. Dissolution of the relationship between spouses can occur both through the registry office (the simplest form) and through the court. It takes place at the place of registration of one of the spouses, in their immediate presence. However, in some cases, only 1 person is present during a divorce. Former spouses need to find out in advance what documents are needed to file for divorce.

General provisions

The form of the procedure is determined by the following factors:

the presence or absence of children in the former family;
the presence of property acquired jointly during marriage;
consent (or disagreement) of both spouses to divorce.

If the husband and wife do not want to build a family further, and they did not have time to give birth to children or the children are already 18 years old, then the divorce procedure can take place in a simplified form. Documents for divorce without children can be submitted to the registry office if there are no misunderstandings. A simplified procedure for official divorce usually allows a husband and wife to maintain a conflict-free relationship.
After coordinated joint actions with your spouse, you should find out what documents are needed for a divorce. The registry office will give you the following list:

an application of a certain form, which must be signed and completed by both participants in the divorce process;
marriage certificate;
passports;
paid receipt (duty 650 rubles is paid by each spouse).

Sample application for divorce through the registry office

If there are children in the family

If there are minors in the family, the procedure is of a different nature. To terminate the official relationship, you will need the help of a judge. Often, spouses have the following disagreements:

related claims against each other (to prove paternity, to change surname);
conflict over who the minor will live with;
disagreements regarding child support;
property disputes.

If an agreement cannot be reached, then before the court procedure the plaintiff should submit all the necessary documents to resolve the controversial issues.

What documents are needed when filing a divorce if there are minors in the family?

In case of divorce proceedings with the presence of minor children, a lot of documents will be required. Therefore, it is better to settle property issues with your spouse in advance as far as possible and make copies of all the necessary papers.

The list of documents varies depending on whether the couple will divorce at the registry office or through the court. In the first case, you need to collect the following papers:

sample application;
photocopies of all pages of the passport;
document on registration, family composition;
property agreement;
Marriage certificate;
marriage contract, if any;
paid receipt.

If the divorce is carried out through the court, you will need:

a statement from the plaintiff indicating the reasons for the divorce;
passport, document registering marriage;
certificate of registration, family composition;
document confirming payment of the duty.

If the child is already an adult, the registry office can divorce the spouses. But only if they have no claims against each other regarding the family’s material values, and there is mutual agreement on other points.

Divorce by mutual consent

Divorce by mutual consent can be carried out with or without children. This type of official termination of a relationship is the least traumatic and painful.

The simplest procedure is divorce by mutual consent without children. You can officially terminate the relationship at the registry office. The list of documents is presented above. The period after which the procedure will be completed is 30 days. At the time when documents are submitted to the registry office, it is important for both spouses to be present at the same time.

The procedure may be complicated by:

the presence of children (then the former spouses will be divorced in court);
if the family’s property exceeds 50,000 rubles, and it is impossible to divide it independently (the case is also referred to the court).

When terminating an official relationship, the following issues are resolved in court:

who will the child stay with?
how the division of material assets will be carried out;
What is the amount of child support accrued?

With an agreed conversation in court without any claims, the divorce procedure ends quickly. If the dialogue is difficult, the judge often assigns the divorcing an additional period of 3 months to try to restore the family.

List of documents that need to be collected for divorce at the registry office:

passport of husband and wife;
applications (filled out according to the sample);
a receipt with payment of the state duty (in 2017 it is 1250 rubles);
marriage certificate.

If the situation of those getting divorced is being considered by the court, you will need:

all previous papers;
statement of claim (3 copies);
birth certificates of children if they are under 18;
certificates confirming registration;
If the issue of alimony is being decided, you need to get a certificate of income.
If only one of the spouses will be present, a power of attorney confirming the interests of the spouse will be required.

Can one of the spouses file for divorce?

Usually the reasons for unilateral divorce are:

the reluctance of one of the spouses to participate in the divorce process or his reluctance to end the marriage;
the impossibility of one of the divorcing persons to be present during the divorce process.

Such a procedure can be carried out in court and through the registry office. All citizens have the right to freely choose relationships. Therefore, circumstances, such as the presence of only one of the spouses during the process, are not an insurmountable obstacle to divorce.

When a spouse does not want a divorce for some reason, the plaintiff files a single petition in court. If the former other half agrees to officially break off the relationship, then the registry office can divorce the couple. A notarized divorce application will be required from the absent person.

There are other cases when the second person's consent to divorce is not required. These include recognition of a spouse:

missing;
incompetent;
criminal (with a sentence of more than 3 years).

When is it wrong to divorce if only one party wants?

if the wife is expecting a child and does not consider breaking up the relationship advisable;
if the child of this married couple is under 1 year old.

The most common cases of unilateral divorces are divorce proceedings through the court. They resolve property issues, disputes regarding child support payments, and other disagreements between divorcees.

Sample application for unilateral divorce

The necessary documents for a unilateral divorce are:

Application for the registry office or court (3 copies, one sent to the judge, the second filed in the case, the third sent to the defendant).
Receipt for payment of state duty.
Marriage certificate.
Extract from the Housing Office.
Power of attorney for a representative of an absent person.
When assigning alimony, a certificate of income of the defendant and other significant documents.
An agreement on children concluded peacefully, if there is one.

All documents are submitted in 2 copies.

Last name change

Usually, when getting married, a wife takes her husband's surname. But after the dissolution of the official relationship, sometimes she wants to return to her maiden name.

This procedure can be completed both during the divorce and after receiving the divorce document. To obtain the service, you will need to pay a state fee separately. If there are minor children in the family, then the decision is made by the guardianship authorities, taking into account the opinions of both parents.

To change your surname, a special application form is required, which contains:

applicant's passport details;
information about the place of registration;
marital status;
information about minor children;
the surname to which the applicant wishes to change the current one.

Changing your last name requires entering new data into your passport. This step must be taken responsibly. You also need to think about the child’s last name when acting in his interests.

A sample application for a change of surname is below.

Changing your passport after divorce

Many people keep their husband’s last name even after a divorce, because in order to change it, you need to collect a lot of papers and pay a fee. Documents for changing a passport after a divorce are:

international passport;
insurance certificate;
honey policy;
driver's license.

If property has to be divided

As noted above, only property over 50,000 rubles is subject to division.

The division of material savings can occur in two ways:

A conflict-free path.

The division of material assets can be carried out on the basis of an amicable agreement on the division of property. This document specifies the property shares of each party and is notarized. This is the only way it gains legal force.

Division of property through the court.

Often spouses cannot come to a common opinion on who will keep this or that property. The more savings a family has, the more difficult it is to decide who will keep the material goods. Especially if they are of truly great value to everyone. The court will help resolve the dispute.

First, the court establishes all property belonging to the former family. Then everyone's share is allocated. The next step is for the court to consider the things that each spouse would like to have. If there is an unequal distribution, the court may award compensation to one of the spouses. When an official marriage is dissolved, it does not matter to whom this or that material benefit is registered.

All property is divided in half. But there are exceptions:

if the spouse is in prison or undergoing military service;
if there are minor children in the family (the parent with whom the child remains remains the majority of the property in the interests of the child).

A marriage contract concluded at the beginning of an official relationship will help to significantly ease the problem of division. But usually, when marriage occurs, people believe that love and trust for each other is indestructible. Therefore, a marriage contract is drawn up by a very small number of people.

It is not uncommon to go to court when breaking up a relationship that was not official, the so-called civil marriage. According to the law, if a man and woman were cohabitants, then in the absence of a peace agreement, the property can be divided by the court. This is called the division of property between the persons who ran the household.

What property can be divided?

According to Article 34 of the Family Code, when such a relationship is broken, everything acquired jointly is divided, namely:

all movable property: cars, motor vehicles, bicycles;
real estate: apartments, houses, dachas, garages;
savings, fees for physical and intellectual work;
prizes.

Important! The debts of the spouses are also divided. For example, mortgage or loan debt is divided in half. And it also doesn’t matter who the loan is issued to.

Necessary documents for divorce and division of property:

statement of claim;
passport;
a receipt of paid state duty (for the first time submitting documents it is much less);
a notarized power of attorney for a lawyer who is ready to represent the interests of one or another party in court.

How long does it take to file a divorce?

When collecting documents for divorce, you should not forget that all cases related to the dissolution of an official marriage are considered on an individual basis. Sometimes documents may be required that are not on the lists. Especially if the divorce occurs through the courts.

Consideration of the divorce case in the registry office with the consent of both parties takes much less time than the procedure through the court. Usually this is no more than 1 month. In case of divorce in court, the process takes 2–3 months. But the duration of the divorce also depends on each specific situation.

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When getting married, few people think about divorce. But, unfortunately, it is not always possible to save a marriage for life. Often, the end of family life is radically different from its beginning and is aggravated by disputes and disagreements regarding alimony, raising children and division of property.

Few people manage to part as friends without mutual accusations and acute conflict, sometimes turning into open hostility. If the family does not have children, a simplified procedure for dissolution of the marriage union is applied, which is much simpler and faster than the divorce process with children.

Family law norms interpret divorce as the termination of family relations between spouses whose marriage was registered in accordance with the procedure established by law. Like marriage, its dissolution is registered in the registry office. The moment of dissolution of a family union is the day when the divorce was officially registered or when the court decision came into force. The procedure for dissolving a family union is established by the norms of the RF IC.

Where to file for divorce if there are no children

The Russian Family Code establishes two options for filing a divorce:

At the registry office. This procedure is regulated by articles 19 and 20 of the Family Code;
By the tribunal's decision. This procedure is regulated by articles 21, 22, 23 of the Family Code.

Important! Registration of the dissolution of a family union in the registry office or court takes place at the residence or registration address of one of the spouses, and can also be carried out in the registry office authorities that registered the marriage.

The general rule of the RF IC on divorce prescribes the mandatory presence of both spouses during its registration. However, there are cases when the presence of a husband or wife during a divorce is impossible:

If the permanent place of residence of the spouse is outside the country or in another region;
If the wife (husband) is caring for young children, elderly parents, or a disabled relative.

In such a situation, you should sign a notarized application for divorce at the registry office and send it by mail, thereby completing the divorce. The presence of the second spouse on the date of divorce is mandatory. If both spouses fail to appear, the registry office will refuse to register the termination of the marriage.

At the registry office

If there are no grounds for litigation, you can register the divorce at the registry office. The term for a quick divorce is one month and is possible:

If there are no disagreements between the former spouses;
Both applicants can be personally present when the divorce is registered;
The spouses have no dependent children (natural, adopted or adopted, under the age of majority (18 years old);

When a marriage is dissolved in the registry office, all property claims of the spouses are considered in court on the basis of a separately submitted application. Disagreements regarding the division of property do not concern the civil registry office staff and apply only to spouses.

Important! The civil registry office employees register the divorce at the residence or registration address of the husband or wife. It is possible to apply to the registry office at the place where the marriage was registered, but in this case a certificate of marriage will not be required.

In a court

When you need to file a divorce through the registry office or through the court is prescribed by law. But there are situations when, even in the absence of small (minor) children, a divorce is filed in court. For example:

If the husband or wife refuses to get a divorce;
If one of the spouses does not come to the registry office to sign a mutual application and does not want to notarize the application for divorce;
The spouses have minor children, but there is no dispute;
The spouses have a dispute about the place of residence of the children.

Hearing cases of divorce:

Magistrates' courts – for claims not related to disagreements regarding the future fate of children;
District courts – for claims involving disputes regarding the place of residence of children.

Attention! A claim for divorce is filed in court (magistrate or district) at the defendant’s registered address. If the plaintiff has a serious illness that does not allow him to attend court at the defendant’s residence address, the claim may be considered by the court at his residence address (registration). The fact of health problems must be documented.

In this case, the dispute without children will be considered by a magistrate.

What documents are needed to get a divorce without children?

The civilized process of separation of spouses occurs as follows:

Negotiations are being held with the ex-husband (wife);
A joint application to the registry office or court to file an application is agreed upon;
A package of documents is being collected.
A package of documents is submitted to the competent authority authorized to carry out the divorce.

Documents in the registry office

The list of documents for divorce in the registry office is established by the legislation on civil registration and the administrative regulations for the provision of the relevant public service.

The list of documents for the registry office is exhaustive and is not subject to broad interpretation. All claims of civil registry office employees that go beyond the requirements of the law are illegal.

To dissolve a marriage in the registry office you will need:

Completed application (Form 8) with signatures of both spouses;
Marriage certificate (original);
Passport of husband and wife;
Payment or receipt (payment of state duty).

Statement

An application for divorce for the registry office is filled out using Form 8. This form can be obtained directly from the registry office or downloaded on the Internet. Both spouses sign the form by appearing in person at the registry office.

In practice, the employees of the institution fill out the document themselves and only hand it over to the spouses for signing.

If the husband or wife cannot come to the registry office in person, the law allows you to sign the application in the presence of a notary who certifies it. In this case, you need to pay special attention to the accuracy and reliability of the information, avoiding the slightest error or typo.

The following fields must be completed in the application:

Personal data of spouses (last name, first name, date and year of birth, citizenship, registration or residence address);
Passport details of each spouse (number, when and by whom the document was issued);
Data on the marriage registration certificate (number, when and by whom the document was issued);
Desired surnames after divorce;
Personal signatures of the applicant.

A sample application for submission to the registry office is presented below.

Application without a second spouse

If an application for divorce is filed administratively (without the consent of the second spouse), then Form 9 is used, which, in addition to the information listed in Form 8, contains the following information:

Motivation for dissolution of marriage;
The date of the court verdict and the name of the correctional colony (if the husband (wife) is serving a sentence of imprisonment);
Personal data (full name, address) of the spouse whose legal capacity is limited;
Personal data (full name, address) of the person managing the property of the missing spouse;
Such an application is signed by one applicant.

When submitting an application in Form 9, the following documents are attached to it:

A copy of the court verdict convicting a spouse to imprisonment;
A court decision declaring a person incompetent;
A court decision declaring a husband (wife) missing;
Payment (receipt) confirming payment of the state duty, which is 350 rubles.

Marriage certificate

An original marriage certificate must be provided when applying for divorce at a location other than the place where it was concluded.

If the application is submitted to the same registry office that registered the family union, then the document in case of its absence. If the application is submitted to the registry office not at the place where the marriage was registered and the certificate is lost, then before the divorce you need to obtain a duplicate of the document on the marriage relationship.

Contrary to common misconceptions, the civil registry office puts a mark on it about the divorce.

Passports

Original passports must be presented to the registry office specialist. After entering all the information into the program, the passports are returned to the spouses.

There is no need to provide copies of your passport.

Duty payment receipt

Only the original receipt for payment of the state fee in the amount of 650 rubles is submitted to the registry office.

If the payment was made through Internet banking (excluding the State Services service), then in any case you need to contact the bank for the appropriate check. When submitting an application through Gosuslugi, nothing is required to be confirmed.

Documents for divorce without consent

If the divorce takes place in accordance with Art. 19 of the RF IC, the grounds listed in this article (unknown absence, prison term, incapacity) must be confirmed by a copy of the court document - a decision or sentence.

Both an extract regarding the circumstances relevant to the registry office and a full copy of the decision can be submitted.

Required:

Blue court seal on a document;
A note about the entry into force of the decision (Sentence);
Signature of the judge (chairman of the court) and the employee who made a note about the entry into force of the decision.

To court

The family and civil procedural legislation of Russia does not contain a clear list of documents for a divorce claim. When filing a claim and documents for divorce, you should be guided by Art. 132 of the Code of Civil Procedure of the Russian Federation, we will clarify the necessary nuances with a lawyer.

The following documents are attached to the statement of claim:

A copy of the marriage certificate;
Payment of paid state duty;
A copy of the power of attorney if the interests of one or both spouses will be represented by a lawyer.

You can send the document in electronic form. Then the signatures on each application must be certified by the enhanced qualified signature of each spouse. Submission is carried out through the court website using the ESIA account.

Statement

The law does not establish a specific form of action for divorce, suggesting that one should be guided by the general provisions of Art. 131 of the Code of Civil Procedure of the Russian Federation, taking into account the procedure for divorce reflected in the Family Code. Based on practice, the following information is required in a divorce claim:

The name of the court to which the claim is filed;
Personal information of the applicant and respondent (full name, place of residence, contact numbers);
Motivation for dissolution of the marriage, reasons and circumstances of the termination of the relationship;
Request for divorce (division of property, determination of monetary support if one of the spouses has a disability).

The sample claim presented below applies only to the simplest version of divorce. In all difficult situations, it is strongly recommended to consult with a lawyer.

Copy of the passport

A copy of the applicant's passport is attached to the claim to confirm his identity. Nowhere in the law is there an obligation to provide this document, but when filing a claim by mail, it is still recommended to attach a copy of your passport.

Note: You must take the original with you to the hearing, otherwise you may not even get into the courthouse without confirming your identity.

No one has the right to take or keep your passport. Keep a close eye on your main document!

Copy of marriage certificate (marriage certificate)

If you have a marriage document, a copy of it must be attached to the claim.

If the marriage certificate is lost or retained by the second spouse, then you can limit yourself to a marriage certificate or you can get a duplicate certificate.

Additional documents

If the spouses have one, then additionally attached:

income certificates;
on the right of ownership of real estate;
checks and other documents for the purchase of movable property;
documents on registration of rights;
bank statements, etc.

Duty payment receipt

When filing a claim in court, you must pay a state fee of 600 rubles.

Details for depositing funds should be obtained from the court or a receipt can be generated on the court’s website. If the fee is paid by mistake, all problems with refunding the payment fall on the payer.

IMPORTANT: Only the original receipt will be accepted. If the fee was paid via Internet banking, you need to confirm the payment with a paper document from the bank. Copies (even certified ones) are not allowed!

When filing, along with a claim for divorce, claims other than the termination of the marriage (,), the amount of the fee increases taking into account its size for each claim.

Power of attorney

If you are not scheduled to appear in court. If the conduct of the case is entrusted to a lawyer or other person, a power of attorney is required.

A copy of the power of attorney is attached to the claim, but the original must be taken by the representative to the court hearing and presented to the court.

The original power of attorney is not included in the case!

Legal assistance

The end of a marriage is not a simple process, both from a psychological and legal point of view. The help of a qualified lawyer will come in handy, because even a routine consultation will help you develop the right tactics for protecting your interests during a divorce.

Lawyers will not only help you draw up a statement, but can also represent the client’s interests in court. In this case, the personal presence of the applicant or defendant at the court hearing is not required. Competent lawyers on our site will help you correctly plan your tactics and protect yourself from possible problems. Contact us for a free consultation right now!

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Divorce in the legal sense is the dissolution of a marriage between spouses.

If a husband and wife decide to live separately and no longer live together, this will not be considered an official divorce. An official divorce requires legal confirmation in the form of an official document - a divorce certificate, which will confirm the fact that the marriage has been dissolved.

Such a certificate is issued by the Civil Registry Office only to those spouses who previously received a marriage certificate.

The termination of a marriage can be registered by the Civil Registry Office in the following cases:

upon its termination;
if it is declared invalid;
in the event of the death of one of the spouses.

What is the procedure for divorce?

For a divorce to take place, it requires the desire of at least one of the spouses, or a mutual desire to divorce.

It is important to understand that if one of the spouses is against divorce, his desire is not a basis for refusing to terminate the marriage.

The only case when a marriage can last for some time is when the spouse is pregnant or their joint child is not yet one year old. During this period (pregnancy period and the period from the birth of the child to one year), the court will not accept a statement of claim from the husband for divorce. But from his wife, regardless of her pregnancy and the presence of a small child, the court is obliged to accept such a statement. Also, the court will be able to consider a divorce case under such circumstances if the lawsuit is initiated by the husband and the wife agrees with the divorce.

The legislation provides for two methods of divorce - divorce in the registry office (extrajudicial procedure) and divorce in court.

It is important to understand that the method and appropriate mechanism for divorce depends on two conditions - the wife’s pregnancy and the presence of children under one year old, and the very desire of the husband and wife. But in any case, no matter how the divorce is formalized, the former spouses will be able to receive the divorce document in hand no earlier than 30 days from the date of filing the application for divorce.

Let's consider all existing methods of divorce.

Divorce in the Registry Office

Divorce through the Civil Registry Office is the easiest and fastest way to end a marriage relationship.

Let's consider two options for divorce in the Civil Registry Office: 1) when both spouses agree to a divorce and submit an application to the civil registration authority; 2) when the application is submitted by only one spouse.

Divorce in the Registry Office with consent from both spouses

This is the simplest and fastest divorce option. The spouses arrive at the Civil Registry Office at the place of registration and submit an application for divorce. In the absence of common minor children, the marriage in such cases is dissolved without any particular difficulties. After a month from the date of filing the application, the former spouses will receive a certificate of state registration of divorce.

Divorce proceeds more or less without any problems in cases where both spouses agree to the divorce, but one of them, for one reason or another, is not able to appear in person at the Civil Registry Office. It will only be necessary for the spouse, who cannot be personally present at the registry office, to obtain a notarized consent to the divorce.

Such cases include situations where the spouse is in custody or serving a sentence in prison. In this case, the application for divorce from a person convicted or suspected of committing a crime is certified by the head of the institution in which he is detained.

For the convenience of citizens, today it is possible to file an application for divorce through the multifunctional center for state and municipal services, as well as through a single portal of state services.

In the latter case, the application is submitted without leaving home, which is very convenient. However, you will still have to receive a divorce certificate in person from the registry office.

In some cases, the law allows divorce in the registry office at the request of one spouse. Under certain circumstances, it is possible to divorce in this way without asking the opinion of the second spouse, at the request of one of them. These circumstances are enshrined in the Family Code of the Russian Federation. These include the following situations:

if one of the spouses is sentenced to imprisonment for committing a crime for a term of more than 3 years. At the same time, a copy of the court verdict that has entered into legal force is attached to the application to the registry office;
if the second spouse is declared incompetent by the court. A copy of the court decision declaring the citizen incompetent is attached to the application;
if the other spouse is declared missing. Such an application to the state registration authorities is also accompanied by a copy of the court decision on recognition as missing.

Divorce in court

Divorce through the court will be required if there are no grounds and all possibilities for filing a divorce in the registry office have been exhausted.

Most likely, a divorce in court will take much longer than a divorce in the registry office. After all, to initiate divorce proceedings in court, more documents will be required and the divorce process itself will proceed within the time frames established for the courts by the Code of Civil Procedure of the Russian Federation.

To comply with all the requirements for a divorce through the court, you need to file a divorce petition with the court and collect the required additional documents. In addition, the judge may extend the trial, giving the spouses time to think about reconciling the parties.

The basis for divorce in court is the presence of common children under 18 years of age, if one of the spouses objects to the divorce or if he evades appearing at the registry office.

In addition, it is in court that it is possible to resolve the dispute about which parent the children remain with after a divorce, how the second parent can communicate with them, and how the controversial division of property acquired during marriage will take place.

Therefore, it is in the process of considering claims for divorce that a petition can be filed with the court or separated into separate lawsuits to consider such issues as the issue of determining the place of residence and the procedure for raising children, the division of jointly acquired property, the collection of alimony for children and spousal support, and other controversial family issues.

Which court should I file for divorce?

According to the general rules, a claim for divorce falls under the jurisdiction of justices of the peace, and if there are additional requirements, the case will be considered in the district court.

Geographically, in accordance with Article 28 of the Civil Procedure Code of the Russian Federation, claims for divorce are filed at the place of residence of the defendant. But there are exceptions to this rule - if there are children or for health reasons, the plaintiff can file a claim at his place of residence, which is provided for in Article 29 of the Civil Procedure Code of the Russian Federation.

What is the legal procedure for divorce?

Divorce proceedings in the magistrate's court, provided that only one claim is made - a claim for dissolution of the marital relationship usually includes one or two court hearings. If there are other claims combined into one proceeding, the case may be considered at a later date and with a larger number of court hearings.

A sample statement of claim is given below.

Justice of the peace
judicial district N ** for the city **

Plaintiff: Full name

telephone: **
E-mail address: **

Defendant: Full name
address: (city, street, house, apartment)
telephone: **
E-mail address: **

STATEMENT OF CLAIM
about divorce

On September 10, 2010, I married (full name), after marriage my wife was given the last name **. They lived together until October 1, 2017. After this date, my wife left me and moved in with her parents; from that time on, we have not maintained a common household.

We have no children from this marriage. There is no dispute between us about the division of property that is the joint property of the spouses.

Further life together is impossible, the defendant does not object to the dissolution of the marriage, although he avoids appearing at the registry office for a voluntary divorce, without motivating his actions in any way.

According to Article 21 of the Family Code of the Russian Federation, divorce is also carried out in court in cases where one of the spouses, despite the lack of objections, evades the divorce at the civil registry office (refuses to submit an application, does not want to appear for state registration divorce, etc.).

Based on the above, in accordance with Article 21 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation

Ask:

1. The marriage between (full name of the plaintiff) and (full name of the defendant), registered on September 10, 2010 in the civil registry office of the ** district of the city **, registration number **, is dissolved.

List of documents attached to the application(copies according to the number of persons participating in the case):

1. Marriage certificate.

2. A document confirming payment of the state duty of 400 rubles.

3. A copy of the statement of claim.

After filing a statement of claim with the court, time is required to prepare the court hearing and the court notifies the parties to the proceeding about the time and place of the trial. Typically, such a notice arrives 10-14 days after the claim is filed. If the notice is not received, it is worth clarifying the reasons with the court; it is possible that the court left the statement of claim without progress. The court may return the statement of claim if it is drawn up incorrectly. Provided that the claim is drawn up correctly, the court schedules a trial, usually a month after the application is received by the court.

A party to the trial may come to the court hearing in person or submit a request to consider the case in his absence. The defendant may submit an application to the court for recognition of the claim or file an objection to the claim.

First of all, the court finds out whether the defendant agrees to divorce. 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 divorce, the judge finds out the reasons for going to court, the possibility of preserving family relationships, and then gives a period for reconciliation. In this case, the court hearing is postponed for up to 3 months. At the next court hearing, if the plaintiff does not file an application to waive the claims, the marriage is dissolved.

According to the law, a court decision on divorce comes into force 1 month after it is made. If an appeal is filed against the decision of the magistrate, the decision will come into force after the case is considered by the appellate court.

On the day the court decision comes into force, the marriage will be considered dissolved. After this, you need to contact the civil registry office with a copy of the court decision, which will issue a certificate of divorce. It is the certificate of divorce that is a document confirming the dissolution of the marriage, and not a court decision.

Divorce in court is more difficult if there are children. In this case, the statement of claim additionally contains demands for the collection of alimony, for determining the place of residence of the children and for participation in their upbringing.

Judicial practice shows that it is best to formalize additional requirements for divorce in separate claims in order to exclude cases where the court refuses to consider a divorce claim due to any additional requirements.

It is more practical to prepare the following statements separately:

on the collection of child support;
on the procedure for participation in raising a child;
on determining the child’s place of residence;
on the division of property.

Documents for divorce

Documents for divorce in the registry office:

standard application (The application is written jointly by the spouses, drawn up by the Civil Registry Office employee or sent electronically with an electronic signature. In addition, it can be submitted through the MFC. It contains the following information: full name of the spouses, date, place of birth, citizenship, nationality ( optional), place of residence, passport details, details of the marriage certificate, surname to be assigned after divorce);
marriage certificate (After divorce, a mark indicating state registration of divorce is placed on it);
all copied passport pages;
document on registration, family composition;
property agreement;
marriage contract;
original plus a copy of the certificate;
duty payment receipt.

If the presence of the second spouse in the registry office is not possible, the divorce documents include:

three copies of the application according to the standard form;
receipt of state duty;
marriage certificate and its copy;
certificates of registration, family composition;
document confirming incapacity (or other reasons for absence

Documents for divorce in court:(the full list of documents depends on your specific situation)

statement of claim for divorce (It may have different content depending on your situation.) Such situations may include the following options: the spouse does not agree to the divorce or does not want to go to the registry office and you do not have common minor children; the spouse does not agree to the divorce or does not want to go to the registry office and at the same time you have a dispute over the children; your spouse agrees to the divorce and you have minor children together; the spouse agrees to the divorce and at the same time you have a dispute over the children; the claim will become more complicated if, in addition to the divorce, there is a requirement to collect child support);
a copy of the statement of claim for the defendant;
power of attorney of the representative (if you are not personally involved in the process);
marriage certificate;
birth certificates of minor children;
an extract from the house register (if a child is registered with the plaintiff);
a certificate of income of the defendant (if a claim for alimony is being considered in court);
agreement between spouses on children (if any);
marriage contract (if any);
agreement on payment of alimony, certified by a notary (if any);
certificate of family composition, registration;
duty receipts;
passport with a copy;
documentary evidence of the weight of the reasons for divorce.

State fees for divorce:

the amount of state duty without mutual claims is 600 rubles;
divorce and division of property - 600 rubles and 4% of the value of the property;
The fee for the application and certificate is: with mutual consent - 650 rubles each for husband and wife;
in case of divorce by court decision - 650 rubles from each;
with recognition of loss, incapacity or due to imprisonment of one spouse - 350 rubles.

Claimants of preferential categories of citizens specified in the Civil and Tax Codes of the Russian Federation are exempt from state duty.

When spouses fail to divorce in the simplest and most traditional way - through the civil registry office - they will have to file for divorce through the court.

You will have to go to court for divorce in two cases:

The divorcing couple has common children who have not reached adulthood. The court, which stands for the protection of children, must make sure that the parents’ divorce in no way infringes on the rights of the child. Not only children born in this marriage will be common, but also those who were adopted by the spouses during the period of cohabitation. How many divorce lasts, if there is a child, read our article -
One spouse is opposed to divorce. This could be both the wife and the husband. This also includes the case when the whereabouts of one of the spouses is not established, or he deliberately does not appear for the divorce. But this will not be a guarantee of saving the family, but will only delay the divorce process through the court. If a woman does not agree to end the marriage, she has immunity from divorce, but only in the presence of two circumstances: if she is pregnant by her husband or they have a common child under one year of age.

Spouses have several other reasons to go to court during a divorce - when they cannot independently resolve the issue of dividing property acquired during marriage, they cannot decide with whom the children will live after the divorce, and which of them will pay alimony and in what amount. These issues can be resolved both as part of the divorce process, and separately, when the divorce has already been formalized in the registry office.

Which court to file for divorce in?

According to the principle of territoriality, you need to file an application for divorce through the court in the area where the defendant lives. If his whereabouts have not been established, then where he is registered or has recently resided is taken into account.

The plaintiff will be able to file a claim in court, taking into account his place of residence. The reason for this may be:

cohabitation with her minor child (children),
inability to come to court in the area where the defendant lives due to health conditions,
the defendant is declared legally incompetent, missing, or sentenced to imprisonment for more than three years,
Together with the divorce application, a claim for alimony for minor children is filed.

It is difficult for a plaintiff who is getting a divorce or applying to a judicial authority for the first time to immediately determine which court is hearing divorce cases. All divorce cases are under the jurisdiction of magistrates and are considered by them. But two categories of divorce cases will be resolved in a court of general jurisdiction, that is, in a city, district or court of a constituent entity of the Russian Federation.

In the absence of agreement on the fate of the children. In such cases, the spouses were unable to independently resolve the issue of who their common children would live with after the divorce, or on what schedule and in what order the father or mother would see them, taking into account their separation.
In the absence of an agreement on the division of common property acquired during the marriage. These are divorce cases in which at the same time there is an apartment or other expensive property worth over 50,000 rubles.

How to apply for divorce through court

To begin the divorce process, you need to fill out a divorce application form from the court. You will find a sample of drawing up such a statement of claim at the conclusion of our article, and about We explain in detail how to correctly draw up an application for divorce in another article.

If you send an application to the magistrate, then you need to indicate in it:
in the header:

court precinct number,
personal data of the plaintiff (full name, residential address, telephone number),
personal data of the defendant (full name, residential address, telephone number),

in the text of the statement:

date of marriage,
Spouse's name,
date until which they lived together,
information about children, their gender and age,
information about a previously registered marriage,

You must indicate the reason for the divorce. But you don’t need to write a lot and emotionally, but briefly and on the topic (drunkenness, assault, betrayal, infertility, etc.).

A little about the causes of divorce in numbers

30% of all divorces occur due to dissimilarity of characters. Bad habits (alcoholism and drug addiction) are the cause of 16% of divorces. In third place is infidelity: 8% of divorces are due to it.

It should also be pointed out that those divorcing do not have disputes about children and jointly acquired property. As proof of the application, it is advisable to attach an agreement on determining the place of residence of the child and visits from the second parent, an agreement on the division of property, and a voluntary agreement on alimony. They are not required, but recommended.

At the end of the application, a list of documents that are attached to it is indicated, and it is signed by the plaintiff indicating the date.

A statement of claim for divorce in a court of general jurisdiction is similar in form to that submitted to a magistrate, but it must describe in detail the essence of the dispute that has arisen between the spouses. When filing such an application, it is advisable for the plaintiff to seek the services of lawyers who will help take into account all the intricacies of these difficult cases.

What documents are needed

The documents required for divorce through the court are attached to the statement of claim. Their package changes depending on whether only the issue of divorce is being resolved in court or there are other disputes, the defendant appears in court or his whereabouts have not been established. The judge has the right to request additional documents during the court hearing.

Required documents:

statement of claim of a certain sample,
passport (of the plaintiff or both spouses),
Marriage certificate,
metrics of minor children (if they were born from this marriage or adopted in it);

Additionally, taking into account the disputes being resolved or other circumstances, you can attach independently or at the request of the judge:

a statement of claim for the division of jointly acquired property or determination of the place of residence of joint children,
a power of attorney, if the interests of those divorcing in court are protected by their representatives, a receipt for payment of an additional state fee, if, in parallel with the divorce, issues about the division of property and the place of residence of children are being resolved,
agreement on cohabitation with children after divorce,
agreement on the division of property purchased during marriage,
voluntary agreement on alimony payment,
a certificate of the defendant’s place of work and income, if the issue of alimony payment will be resolved at the same time,
a court decision declaring a spouse deprived of legal capacity or missing,
a court verdict according to which the second spouse is sentenced to serve a sentence in a prison camp.

When the application has already been written

After filing an application for divorce through the court, you need to monitor the process of its acceptance into proceedings. Such an application is usually considered within one month. But there is no exact guarantee that it will be accepted by the court.
The court may refuse to accept an application for proceedings if:

this claim must be considered in another judicial procedure,
the application was submitted by a person, body or organization that does not have the right to submit it,
the claim challenges acts that are not related to the person filing it,
for a dispute similar to that indicated in the application, there is already a court decision,
An arbitration court decision has already been made on this dispute.

The court will return the application if:

the plaintiff did not comply with the established pre-trial procedure for resolving the dispute,
the application was submitted to a judicial body that does not have jurisdiction,
the claim was filed by a person deprived of legal capacity,
the application was submitted by an unauthorized person,
a similar case is being considered by the arbitration court,
the plaintiff has received an application to return the claim (if the court’s decision on its acceptance for proceedings has not yet been made).

The court will leave the application for divorce without progress if:

it contains some shortcomings in form and content,
it does not contain complete information,
It is not accompanied by a complete list of documents.

The applicant will be notified in writing of any of these decisions.

If the application is left without progress, the judge will suggest that the deficiencies be corrected, giving some time for this.

Divorce process through court

After accepting the application for divorce, the judge will set a date for the consideration of the case and notify the plaintiff, defendant and other interested parties about the time and place where the court hearing will take place.

When a divorce case is heard in court, ideally both spouses should be present. After all, the court will find out all the reasons for the impossibility of further family life, the circumstances that led to discord in the family, and listen to the arguments and opinions of both parties on this issue.

The defendant may not appear at the court hearing, but this will not be a guarantee for him of saving his family. If the judge considers that his absence from the divorce proceedings is not caused by valid reasons, he will be able to make a decision on divorce without his consent at the first meeting. But usually the meeting is postponed for a certain period of time so that both spouses can come to the meeting room and have the opportunity
listen to the opinions of both sides.

In practice, if the judge sees even the slightest chance to save the family, and the spouse who disagrees with the divorce insists on living together, the couple is given a period of up to three months for reconciliation. If the spouses both agree to divorce, but they had to go to court only because of the children, or they came to a mutual positive decision while waiting for the trial, then the judge will be able to make a decision on divorce at the very first meeting.

If both spouses did not appear at the court hearing and did not inform about the reasons for the failure to appear, the judge has the right to regard this as reconciliation and terminate the proceedings.

But if it is not possible to reconcile the spouses, and at least one of them insists on divorce, the judge decides to dissolve the marriage. The magistrate will be able to consider the case without the participation of the parties, provided that both of them are not against the divorce, there is no dispute about children and property, they were duly notified, but did not appear at the court hearing. In a court of general jurisdiction, where more global issues are resolved, the presence of both parties is highly desirable.

If one spouse disagrees with the court decision, he will be able to appeal it to a higher judicial authority. The decision of a magistrate - to a city or district court, the decision of a court of general jurisdiction - to a regional court or a court of a constituent entity of the Russian Federation.

What it is advisable to agree upon before the divorce process through the court

Divorce often, and even almost always, involves questions about joint children and joint property. They can be considered in court along with a divorce. Especially if there is no agreement on them between the spouses. If trust remains between the spouses, then in the statement of claim or in court you can simply indicate that there are no disputes about children, property and alimony.

But it is still advisable to play it safe and conclude an agreement on each point.

Agreement on the division of jointly acquired property. It makes sense to draw it up if the spouses have something to share and if they have not drawn up a marriage contract.
Agreement on the place of residence of the child (children), the procedure for visiting him. It should be concluded to be sure that the child will live with only one parent, and the second will see him without restrictions or as agreed and provide financial assistance.
Voluntary agreement on alimony. In it, spouses can fix the procedure for one of them to pay child support within certain periods, in a specified amount and on specified conditions.

A mandatory condition of the agreement is the agreement of both spouses with its points, this is confirmed by signatures. Ideally, it should be certified by a notary office, then it will have the legal force of an official document.

Is it possible to divorce in court without the second spouse?

Available. If he was duly notified by the court about the upcoming court hearings, but failed to appear at them three times and did not indicate any compelling reasons for his absence.

Defendants mistakenly believe that if they do not go to court for divorce, they will save the marriage. For magistrates, the maximum period for considering a divorce case is 2 months, in a district court - 3 months. Then a decision is made either on divorce or on termination of the case and reconciliation of the spouses.

Reconciliation occurs only with the mutual consent of the spouses or with the disrespectful failure of both to appear at the process. In other cases - only divorce.

We receive divorce documents

A divorce decree comes into force 10 days after it is issued. Provided that it was not appealed by the parties.

Then it is sent to the territorial registry office at the place of residence of the defendant (or plaintiff, depending on where the case was heard). Spouses with a court decision on divorce that has entered into force need to contact the civil registry office and, in accordance with Article 35 of the RF IC, write there an application to register this fact. After a month, you will be able to receive a divorce certificate.

If you have any questions regarding the divorce procedure through the court, you can ask them below in the comments