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Divorce Procedure: How to Get It Right? Where to file for divorce if you have a child. Obtaining a Judgment

All over the world, the question of how to reduce the number of cases of divorce is acute. Divorce is serious problem, which is typical for Russia. Almost every third marriage is dysfunctional and eventually ends in dissolution. The procedure for divorce has its own characteristics.

Divorce may be mutual consent husband and wife, or only if one side so desires. The second option is more common. In most cases, it is the wife who files the divorce. Reasons for divorce can be varied.

The following situations lead to divorce:

  1. The unwillingness of one side to continue living together because of a disrespectful attitude towards oneself (beatings).
  2. If a husband or wife met another person and lost interest in each other.
  3. If one party is serving a sentence in prison or found incompetent.
  4. If there is adultery.

If the consent was mutual, then you will need to write a written statement. This is done according to a special scheme, which is indicated in the form. Similar forms are available in any registry office. If the husband or wife is not able to write a statement due to illness or a business trip, then another document is drawn up on his behalf, which must be certified by a notary. A notarized document has legal force. In case of divorce, it is necessary to apply at the place of registration or permanent residence.

When can a court reject a claim?

Occasionally, situations arise when a statement of claim written by the plaintiff is not accepted. This can happen if the case is pending before another court. The application is not considered even if the organization or other legal entity disputing the interests of the other party does not have the legal right to do so. The reason may be the situation when, when submitting an application, issues are raised that do not take into account the interests and rights of the applicant.

The court does not accept the application even if a decision has already been made on this issue, or the case was closed due to the settlement of the conflict between the husband and wife. The refusal of the court takes place even if there is a decision of the arbitration court on the same issue. Article 135 of the Code of Civil Procedure of the Russian Federation touches upon the issues of return statement of claim court. This occurs for several reasons. Firstly, if the plaintiff is declared incompetent and he cannot carry out such procedures. Secondly, if the case under consideration is not subject to this judicial instance.

Thirdly, in the case when the statement of claim is signed by a person who does not have the authority and right to do so. Fourth, if currently time is running review process this issue in the arbitration court. The court has the right not to accept the application if the plaintiff has not complied with the requirements for the settlement of disputes in the period before applying to the court (if such a procedure is provided for this issue). If the documents, when applying to the court of the plaintiff, were not submitted in full, there are significant shortcomings in the preparation of the statement of claim, then the court may suspend the proceedings until all errors are corrected.

The question of the future residence of minor children

Of great importance is the question of the child's residence. According to the Family Code, a husband and wife can, if they wish, make an agreement on the conditions for raising their children. If it is absent, then the court itself decides with whom the children will remain. In doing so, he is guided by several provisions.

In this situation, the attachment of children to parents, sisters, brothers and other relatives is taken into account. The main criterion is the interests of the child himself. The desire of the kids is also taken into account. Relationships between parents and children are important.

The court also takes into account the possibility of financial support for children. The type of activity of each parent is taken into account, their wage, schedule, living conditions. For a child to be brought up in optimal conditions, the region of his possible residence is also taken into account (the level of crime, environmental conditions, the level of sanitary and communal well-being). It is very important that the material condition is not the main criterion in determining the place of future residence of children.

The main reason for this is that almost always the parent who is more affluent in financially, spends a lot of time at work, which cannot but affect the child. The child needs attention and care!

Therefore, children are left to those parents who have the opportunity to pay more attention to their babies. The second spouse is obliged to pay alimony until they come of age.

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

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

Marriage divorce statistics

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

Problematic issues in divorce cases are often:

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

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

Reasons for divorce in Russia

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

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

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

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

How to live without divorce

How to divorce a wife or husband: a childish question

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

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

The best way to legally fix and thereby simplify the divorce process is to conclude an agreement on children. If no agreement can be reached on their own, both sides should prepare for a long and intense debate in court session. In practice, more often children stay with their mothers, but for maximum protection of the rights of the child, the court is obliged to find out many circumstances that testify to his attachments and needs.

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

How to divorce a husband or wife: property issue

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

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

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

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

Except himself simple case when a divorce is formalized in the registry office (mutual consent of the spouses, absence of children and property disputes), the law defines several more situations that do not require judicial trial:

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

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

Simplified Termination Procedure marital relations provides a minimum list of documents to be submitted:

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

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

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

Divorce in court

Judicial review of such cases general rule produced by magistrates' courts, but as an exception, the categories of divorce cases are within the jurisdiction of the city court:

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

Territorial jurisdiction is defined as follows:

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

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

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

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

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

Paperwork

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

State duty for divorce, 2019

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

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

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

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

Insurmountable social tensions in family relationships, personal factors and other characteristics in the union of two people can cause divorce - a process fixed regulations. However, there are statutory reasons for allowing divorce.

Grounds for divorce fixed in Article 16 of the RF IC:

  1. The presence of documents confirming the death of the spouse.
  2. The presence of a statement confirming the desire to get a divorce.
  3. The incapacity of one of the spouses and, as a fact, a statement from the guardian.
  4. Imprisonment for more than three years.
  5. Reasons for declaring the union invalid (see below).

Mechanism divorce proceedings is launched if one of the above items is the case.

The only obstacle to termination family and marriage relations: husband will be on 100% the application is denied if the family is expecting a child or already has a child under one year old ( Art. 17 RF IC).

registry office or court?

Two bodies supervise the divorce process based on Art. 18. RF IC: administrative (registry office) and judicial and legal (court). Each of them has its own powers.

The easiest way to resolve the issue of divorce is to contact the registry office ( paragraph 1 of Art. 19 RF IC). It is enough for spouses to fix their desire on a joint one, if both have no complaints and wish to receive a long-awaited divorce. An important indicator here is the presence or absence of children. The registry office staff will recommend going to court if the family has common children up to 18 years old. Except when there are children from old relationship who have not reached the age of majority.

To get a divorce in the registry office, the presence of both spouses is not necessary. Submission of documents is allowed only in the following cases:

  • when one of the spouses went missing;
  • incompetent;
  • has a prison sentence of three years;
  • declared dead;
  • and that one of the spouses has an evidence base that confirms fictitious or intentional HIV infection by one of the spouses. If there is a certificate proving this fact, the registry office will accept documents from only one spouse.

The above facts allow divorce, or rather the immediate termination of marriage. The applicant does not have to wait due date(month) to get "family freedom" ( Art. 21-23 RF IC).

When it comes to court, the following reasons will help, requiring:

  1. There are children under 18 in the family.
  2. The refusal of one of the spouses to divorce for the purpose of possible reconciliation.
  3. Evasion of the divorce process in the registry office.

Refusal to administratively resolve the issue of divorce of one of the spouses or implies that one of the spouses will apply to the court, providing

The claim must contain full information about spouses:

  • date of marriage registration;
  • reason for breaking off relations;
  • grounds for refusing a divorce;
  • the presence of children;
  • conditions for deciding the future residence of children.

There are many factors that can affect how long it takes to get a divorce through the courts. In a standard situation, when both spouses agree and have resolved all issues about, and the future residence of the child with one of the parents, the court makes a decision exactly one month after the start. In other cases, for example, if one of the spouses is able to prove that there is a chance for reconciliation in the family, the judge gives time from one to three months. The same period of time is given if one of the spouses strongly decided to evade litigation, but the issue is resolved in unilaterally.

Documents on the court decision (extract) are transferred to the registry office for further registration.

What is the procedure for dissolution of marriage through the registry office?

The procedure for dissolution of marriage through the registry office is determined family code, according to which the receipt of the necessary acts occurs after 30 calendar days from the date of submission of the application by mutual consent. The consent of the applicants is confirmed by a jointly written statement in which the applicants fix the information that during the marital relationship the spouses did not have children.

The procedure is quite simple:

  1. The cost to be paid is 650 rubles from each spouse. If one of the spouses is convicted for more than 3 years, recognized as incompetent or missing, then the cost of the state duty will be 350 rubles. If the divorce will take place in court, then the amount will be charged from the plaintiff in the amount of 600 rubles, plus the fee for obtaining a certificate in the registry office of 650 rubles . The prices are current for 2017. The receipt will need to include:
    • full name of the payer;
    • SNILS and TIN of the payer;
    • payer's passport data;
    • name of the recipient;
    • recipient's bank details;
    • payment Description;
    • amount and date of payment.
  2. A statement is written indicating all the supporting facts, without the need to indicate the reason for the divorce.
  3. The passport details of both spouses are indicated.
  4. Signatures are affixed.

In the event that the basis for divorce is the incapacity, loss or death of one of the spouses, documents with legally justified confirmation are required. The process of obtaining documents can take more than long term, but if there is an appropriate evidence base, the marriage is recognized as dissolved within the period established by law.

Controversial issues in a divorce that require a court decision

Dissolution of marriage in court allows you to resolve disputes between divorcees: property, in the presence of minor children - about the residence and maintenance of the child (alimony), the maintenance of an incapacitated spouse. All claims are considered exclusively when filing a claim. Process will go faster, if you indicate in it all the claims at once and consider them at one meeting.

For more information about the issues that the court decides in a divorce,

What documents are needed for a divorce?

The list of documents required by the registry office or the court may be different, depending on the place of application. Among them are mandatory and secondary. Mandatory is:

  • the existence of an application;
  • passport;
  • wedding certificates;
  • receipt of payment of state duty;
  • child's birth certificate.

A special procedure for considering certain cases regulates the availability of additional documents:

  • marriage contract;
  • spouse's death certificate;
  • missing person's certificate from the police;
  • certificate from a medical institution about HIV infection.

Conclusion

  1. concept divorce includes holding special procedure, which is carried out by responsible employees of the registry office or the court.
  2. The dissolution of a marriage is legal th procedure for which a specific procedure has been developed.
  3. Grounds and procedure for divorce established by family law.
  4. Under certain circumstances, termination is not possible.
  5. Documents for divorce are submitted personally to the registry office or the court. The application can also be submitted electronically.
  6. For the procedure, you must pay a state fee.

The most popular question and answer to it in the order of divorce

Question: The wife is threatening to sue for divorce. Can she get a divorce, without any reason, especially since we have been living with her for more than twenty years? The children are already adults, and she ignores the issue of jointly acquired property. Eugene

Answer: Eugene, Article 18 of the Family Code allows individuals to initiate a divorce procedure on own will. The law establishes that one of the grounds is the irreparable disintegration of the family in the eyes of the spouse, which is a subjective assessment of the individual. Since the joint children are adults, it is required to establish whether the wife has property claims against you. If there are none, or an agreement has been reached on the division of property, the wife can apply to the registry office together with you.

As far as it is clear from the question, the consent of the husband is missing, so the registry office may refuse. Thus, the case will be decided in court. Either in the world, if there are no property requirements, or, in general. court according to the rules Articles 21, 22, 23 RF IC, not only considers the case, but also initiates reconciliation. Given such a long marriage, the judge, in addition to the legal 3 months for the procedure, will appoint 3 months for reconciliation of the parties, which you can use to resolve the conflict that has arisen.

The divorce procedure is a rather unpleasant experience, but it delivers much more trouble when the spouses have children together.

The question of where to start a divorce if there are children worries many couples whose relationships are not developing in the best way.

In general, the process should be carried out in such a way as to deliver as little trauma to the child as possible and not make him a buffer in your relationship. So, let's figure out where to start.

Divorce is the dissolution of an officially registered marriage, based on the voluntary desire of both parties (in some cases, only the will is enough).

After the divorce, the former spouses receive a document certifying the dissolution of the marriage, as well as a corresponding mark in the passport, which will subsequently allow each of them to enter into a new marriage. marriage.

In order to terminate an officially registered marriage union, the spouses must apply to the registry office at the place of residence or to the court.

In the course of pre-trial proceedings and communication with the judge, spouses are almost always given time to determine claims and peacefully resolve the conflict. In some cases, the marriage can be saved (subject to the utmost frankness of the spouses and the identification of true reasons his dissatisfaction with the second half).

If at the end of the allotted time the decision of the spouses remains unchanged, the judge will designate a list of documents necessary to terminate the marriage in a particular situation.

In standard cases, it is limited only to a claim for divorce.

However, due to property claims, the following documents may be additionally required:

  • statement ;

These documents are drawn up taking into account the interests of both parties, and in the case of common children, then taking into account also their interests.

At the same time, the presence of minor children in most cases is not an obstacle to the dissolution of the marriage union.

Restrictions on the right to file

The legislation regulates cases when divorce on the initiative of the spouse is categorically unacceptable.

Such cases include:

  • wife's pregnancy;
  • the presence in the family of a child under 1 year old.

The court can satisfy the plaintiff's claims only in the situation when the spouse gives her consent to the divorce or is herself the initiator of it. Also, exceptional cases include the presence of a threat to the life or health of the mother and child from the side of the father.

Where to go?

In most cases, the divorce of spouses is dealt with by the court. However, in some cases, you can also apply to the registry office with an application.

An alternative option for spouses who have peacefully agreed on all the nuances regarding children and property is.

List of required documents

  • application for divorce and its copy;
  • passports of both parties (copies);
  • marriage certificate (copy);
  • birth certificate of the child (copy);
  • agreement on children (if the spouses came to a consensus on their own);
  • documents that confirm the fact that the court has carried out appropriate procedures to resolve the conflict between spouses;
  • calculation and substantiation of the amounts of assessment of jointly acquired property.

Additionally, documents such as a certificate from the housing and communal services about the place of residence of the child, expert opinions with calculations of the value of the property may be required. You will also need to provide a receipt for payment of state duty.

TO binding documents relate:

  • When the second spouse is declared missing, i.e. missing for more than 1 year, and there is no information about his whereabouts (judicial justification is required to confirm).
  • When the second spouse is sentenced to serving a sentence in places of deprivation of liberty for more than 3 years.
  • When the other spouse is declared incompetent.

In order for the application for divorce to be unilaterally accepted, the plaintiff must submit documents confirming the veracity of the data (extracts, expert opinions, etc.).

If both parties are ready to dissolve the marriage, they should contact the registry office together and receive an application form (separately for each). You can fill out an application both under the guidance of a lawyer, and on your own.

The form should be previously studied and filled in each column calmly, without haste, avoiding blots and corrections in the text. The applicant is responsible for providing the data, therefore, before submitting the document, it must be carefully double-checked for the correctness of the information entered.

Sample claim

Sometimes in a family there is such a misfortune as a divorce. From now on, people decide to go their own way through life and plan to end family relationships. And here the question arises: where to file for divorce? In our article, we will consider how to get through such a difficult emotionally procedure, what documents are needed for this and where a divorce is filed if there is a child.

It doesn't matter where you live. In order to answer the question of where to file for divorce in Moscow or any other city, you must first establish the reasons why you decided to dissolve the marriage and the accompanying conditions. The marriage will be dissolved on the terms established by family law. Relations related to the divorce process are clearly regulated by the Family Code of the Russian Federation, in accordance with the terms of which it is allowed to formalize a divorce by the will of one of the spouses, as well as by mutual agreement. The guardian of the spouse recognized as legally incompetent also has the right to demand the dissolution of the marriage. Regarding divorce, there are also a number of restrictions under which the husband does not have the right to insist on it:

1. During the pregnancy of the spouse.
2. Within 1 year from the date of birth of the child.

Where should you file for divorce? The current legislation establishes only two possible places:

1. It is possible to issue a divorce in the registry office.
2. You can file a divorce in court.

There are a number of restrictions on either account, which we will discuss in more detail below.

Divorce proceedings at the registry office

The question of where to file for divorce is decided depending on the situation. It is possible to dissolve a marriage in the registry office, this process is much simpler and faster than in court.

It is possible to formalize the termination of family relations in the registry office in several cases:

1. If the desire to dissolve the marriage is mutual and there are no any kind of claims against each other.
2. If the parties do not have children under the age of 18.

There are situations when you can get a divorce in the registry office if you have common small children. This is possible in the following cases:

1. One of their spouses has been declared legally incompetent.
2. One of the parties to the marriage relationship is declared missing.
3. Either of the couple is convicted and the punishment is imprisonment for more than three years.

According to the provisions of the current legislation, a marriage subject to dissolution with the registry office is terminated within a month from the date of receipt of such a request.

Divorce in the registry office. List of documents

In order to get a divorce at the registry office, you need to submit the following documents:

1. Passports of both spouses. The originals are shown.
2. Application for termination of marriage. It is submitted according to the form provided by the registry office staff.
3. Pay the state fee. It should be noted that in 2016 it increased significantly compared to 2014 and now amounts to 650 rubles. It should be noted that in case of a mutual declaration of divorce, both spouses are obliged to pay it.
4. When filing a divorce through the registry office at the request of one of the spouses, the cost of the state duty is set at 350 rubles.

It should be noted that in this case, not only the divorce process itself is paid, but also the issuance of a new certificate. That is, there are no more fees to pay in this case. Until 2015, the filing of an application was paid separately, and then the issuance of a certificate of divorce.

Each registry office has separate details for payment, so you must apply in advance for a receipt.

Where to file for divorce if you have a child

The procedure for dissolution of marriage, if the couple has a child or even several children, is somewhat different. This rule applies if they are under 18 years of age. stop family relationships It will only be possible through a court order.
You can dissolve a marriage through the court in the following cases:

1. If there is a child. The dissolution of marriage is carried out when the facts are established, as well as according to the applicants that living together impossible, the general economy is not conducted. At the same time, the court has the right to set a period for reconciliation of the spouses, equal to three months, and to postpone the court hearing.

2. If one of the spouses does not give his consent to the divorce. At the same time, the court must establish the facts that the further life of the spouses is impossible, the joint household is not conducted.
3. One of the spouses evades the divorce process, which could be formalized in the registry office.

In all cases, the marriage is dissolved after it is established that reconciliation is impossible.

List of documents for divorce in court

In order to dissolve a marriage in court, you must prepare the following papers:
1. Passport of the applicant. The original and the copy are presented.
2. Original marriage certificate. Seized by the court in the event of a divorce.
3. If you have small children - copies of their birth certificates.
4. State duty. Today its size is 650 rubles. It can be paid at any branch of the bank. At the same time, if the check is issued in black ink, it must be certified with the blue seal of the bank that made the payment, and if the check is printed in blue or lilac ink, there is no need for certification in this case.

The indicated documents in the amount of two copies for each of the parties to the case (as required by the Code of Civil Procedure of the Russian Federation) are submitted to the court. In this case, the court independently sends a package of documents to the defendant with the application of the agenda for the appointment of the court session.
As a rule, the consideration of the case is carried out in two stages - preparation for litigation and the litigation itself.

Where to apply

When filing a divorce through the registry office, you can contact the authority at the place of residence of the spouses, and if their registration addresses differ, then at the place of residence of one of them to choose from.

Claims for divorce are considered by magistrates without property claims from the spouses:

1. At the place of residence of the party that will be the defendant in the case.
2. At the place of residence of the plaintiff, if he lives with a small child.

If there is a property or other dispute between the spouses, such cases must be considered in the courts of district significance. The dispute on the division of property will be resolved in court at the location of such property. When resolving the question of where to file for divorce, you first need to decide what requirements you have for ex-spouse how and with whom the children will live, what is the procedure for paying alimony, and only on this basis decide which court will have jurisdiction over your case.

If the marriage was terminated in the registry office, further disputes between the parties are subject to consideration in court.

In case of a divorce through the registry office, the marriage is terminated immediately after making a record of its termination, as well as affixing a seal to the spouses' passports.

If there is a court decision in hand, then it is necessary to wait until it enters into force, and this is a month after its issuance, and only then apply to the registry office for the issuance of a certificate of termination of marriage and affixing a seal.

In this article, we have tried to answer in detail the question of where to file for divorce. Having studied this information, you can significantly reduce the time that will be spent on such an unpleasant procedure as divorce. And also to understand where to file for divorce, if there is a child, and in which case this procedure is greatly simplified.