Divorce of spouses in court. How to file for divorce unilaterally? What do you need to file for divorce in this case? When you need to get a divorce only through the court

Dissolution of marriage in court occurs in a number of cases, which are strictly stipulated in family law. Terminate marriage thus it will be necessary if there are common minor children; one of the spouses does not want to get a divorce; if an application is not submitted to the registry office by both parties for the annulment of the marriage.

Features of the procedure

To get a divorce through the courts, you first need to file a properly executed application. After filing, the judge considers it and sets the date of the meeting to consider the application of a citizen or a citizen. This is reported to each spouse with the help of the agenda. Usually, a court hearing is scheduled 30 days after filing a divorce suit.

How much does a divorce through the court cost in 2018?

A person filing a divorce petition with the court must pay a state fee, the amount of which can be obtained from the secretary in court. In the event that the spouses do not have common children, property disputes and they agree to divorce, then they divide this amount in half.

The court can go in three scenarios:

• In the event that both spouses do not arrive at the appointed time, the meeting is closed with the wording that both spouses have changed their minds about divorcing.
• If only one spouse came to the meeting on the divorce proceedings, the judge finds out the reasons why he or he did not come. In this case, consideration of the application will be postponed until the reasons for the non-appearance of the other party are clarified. The term for which the case is adjourned is determined by the judge. If the reason for non-appearance in court is objective, then it will be taken into account when setting a new term for the trial. If the reason for the non-appearance of one of the parties is the unwillingness to divorce, then the judge gives a period for reconciliation of the parties. It usually takes one to three months. In the absence of an explanation for the failure to appear, the judge has the right to make his decision on divorce without the other party.
• In the event that both spouses arrive on time and they do not have property disputes and disputes about who the children will live with, then the marriage can be dissolved at the first court hearing. In the event of disagreement between the two parties, a court order of conciliation may be issued. The reconciliation period is three months.

If during this time it was not possible to reach an agreement on controversial issues, then the judge takes upon himself the decision on:

• residence of children with one of the spouses;
• establishment of alimony for minor children;
• division of property.

After resolving these points in judicial order divorce is announced. The decision is then transferred to the registry office, where new documents are drawn up within ten days. Both citizens receive a certificate stating that they are no longer married. Such a document is drawn up in two copies.

Sample Application

Divorce must be filed locally official registration the defendant, at the place of registration of the plaintiff, if the place of residence of the defendant is unknown. You can also file an application at the location of the defendant's real estate, at the last place of his residence. In addition to the application to the court, you will have to submit some other documents.

According to the current family legislation of the Russian Federation, both husband and wife can apply for divorce. If one of them is incapacitated and has a guardian who is not his spouse, he can file a claim for divorce on his behalf. Also, a divorce suit can be filed by a representative of the prosecutor's office in the interests of an incapacitated spouse or in the event of the disappearance of a husband or wife. IN this case The law gives the prosecutor the right to represent the interests of people in court.

Which court should you apply to?

Today world and federal courts work in Russia. Each of them has the authority to conduct divorce proceedings when certain conditions. A federal judge has great competence.

If the spouses do not disagree on any issues, then they can get a divorce in the magistrate's court. If there is an insurmountable disagreement, a lawsuit should be filed with a federal judge. Disputes about children and property between spouses are heard only in federal courts.

The court terminates an official marriage if it finds out that its existence is impossible. There are no specific motives in the law for recognizing a marriage as invalid. Reasons for divorce may include:

• infidelity of one of the spouses,
• his vicious tendencies such as alcoholism, drug addiction, gambling addiction,
• lack of financial assistance in raising common children,
• violation of articles marriage contract, if there is one.

If the spouse is against?

In the absence of precisely formulated reasons for the divorce, the court may temporarily postpone the consideration of the case, giving the parties time to reconcile. The court will not find out the reasons for the divorce only if both spouses agree to divorce. This is stated in article 23 family code RF.

In the absence of an explanation by the plaintiff of the reasons for the divorce, the case is postponed for 3 months in accordance with Article 22 of the RF IC. In this case, the court does not refuse the plaintiff to consider the case, but only postpones it. Upon reconciliation of the parties, the proceedings are terminated.

The plaintiff may present violence, insult and cruel treatment that the defendant uses against him as a reason for the dissolution of the marriage. This requires the presentation of witnesses and written evidence, which will be attached by the court to the case.

The plaintiff must ask the court to call witnesses, request Required documents in state archives and state bodies. If there are reasons for divorce abuse the court usually dissolves the marriage, but not immediately, but after the trial.

Such a process can take place both as part of the divorce proceedings, and separately from it. One or both parties can apply to the court for the division of property and children. Also allowed settlement agreement on these issues, which may be concluded before the trial.

Reconciliation of the parties

The party that is the defendant has the right to ask the court to postpone the consideration of the divorce case. The court grants such a request on the basis that people may change their minds about getting divorced during the delay of the proceedings. Usually proceedings divorce proceedings delayed for three months.
The plaintiff may withdraw his application only until the court has left for deliberation. In this case, you can end everything with a settlement agreement and not dissolve the marriage. The refusal of the statement of claim does not deprive the plaintiff of the opportunity to file it again if, during the subsequent cohabitation, it becomes clear to one of the parties that they can no longer live together.

A divorce case pending in court is also terminated if the plaintiff does not come to the court session after the expiration of the time allotted for reconciliation.

Processing time

Usually, to consider such cases, you need to attend several meetings if the defendant refuses to divorce. If both parties agree and have no claims against each other, then the divorce is carried out in one court session.

For the annulment of a marriage, it will be documented to wait one month and 11 days. This period is fixed by civil procedural standards that formalize the civil status. On average at mutual consent spouses for divorce takes from one and a half to three months. In the event that the defendant does not agree with the decision of the court, the divorce procedure is delayed even more.

When filing a divorce, the judge takes into account the current laws of family law, according to which a marriage can be dissolved no earlier than one month after the filing of the application. It should also be remembered that there is a possibility of appeal judgment in higher authorities. The speed is also affected by the heavy workload of judges and complaints about their actions, which require consideration by the control authorities. It is also necessary to consider the possibility of correcting errors in documents, which will also delay the execution of divorce documents.

In what cases can a marriage be dissolved only through a court? What documents are needed for this and what are the terms for a divorce through the court? Is it possible to get a divorce without the consent of the second spouse? You will find answers to these and other questions in this article.

Divorce through the court is a systemic procedure of the divorce process. According to Article 21 of the Family Code Russian Federation Divorce can take place on three grounds:

1. if the spouses have common minor children, except in situations where we are talking on the recognition of one of the spouses as incapacitated, missing or convicted of a crime to imprisonment;
2. if one of the spouses does not agree to a divorce;
3. if one of the spouses, despite the absence of his objection, evades filing or does not appear at the appointed time for state registration of the divorce.

Divorce through the court is carried out in the order of civil proceedings, where the jurisdiction of cases and the procedure for filing an application are determined in accordance with the general rules of the Civil Procedure Code of the Russian Federation. In some cases, for example, when there is no dispute about children between the spouses, the divorce case can be accepted and considered by a justice of the peace. Dissolution of marriage in court is carried out after a month from the date of filing the application for divorce, that is, the deadlines are met, as in the case of a divorce through the registry office. Besides, this divorce is also subject to state registration of acts of civil status. The judicial authority, within 3 days from the date the decision comes into force, is obliged to notify the registry office where the marriage was concluded of the dissolution of the marriage by sending an appropriate extract of the court decision.

Divorce through the court when one of the spouses does not agree

Article 22 of the RF IC establishes the grounds and procedure for divorce through the courts when one of the spouses does not agree to the dissolution of the marriage. In this case, the divorce can be carried out by the court on the basis of a full and comprehensive study of the submitted materials, where it is established that the further preservation of the family and Cohabitation spouses is impossible. Divorce proceedings may be terminated if the spouses come to reconciliation, however, this is not an obstacle to re-applying to the court for divorce by one of them. Considering the case, the judicial body has the right to take measures to reconcile the spouses, as well as, if necessary, to postpone the trial of the case for the moment with the appointment of a date for the reconciliation of the spouses within three months. It is worth noting that these measures are a right, not an obligation, for the judge if he considers that the divorce claim was the result of an accidental discord in the family. The dissolution of marriage by the court is carried out if the measures for reconciliation of the spouses did not have any result and one of them still insists on a divorce. Court documents:

• marriage certificate (original);
• receipt of payment of state duty;

Divorce through the court if the spouses have minor children

Dissolution of marriage in court if there are minor children in the family and the consent of both spouses to divorce is regulated by Art. 23 of the Family Code of the Russian Federation. In this case, the divorce proceedings are carried out by the court without clarifying the motives for the divorce. It is worth noting that the same process is also provided under the conditions when one of the spouses evades the dissolution of the marriage in the registry office, despite the fact that he has no objections to the divorce. If one of the spouses does not agree to a divorce (in the presence of minor children), the trial is carried out in accordance with the possibility of establishing three month term reconciliation. When filing a divorce through the court in the presence of minor children, the spouses have the right to submit to the judicial authority an agreement on who the children will live with in the future, on the procedure for paying funds for their maintenance, including the amount of these funds, as well as on the division of the joint property. If there is no such agreement, or this agreement violates the interests of one of the spouses or children, the court is obliged to independently determine:

• with which of the spouses minor children will live after the divorce;
• from whom and in what amount child support will be collected;
• the amount of maintenance, if one of the spouses has the right to demand such maintenance from the other;
• shares (if the division of property affects the interests of other persons, the court has the right to separate the case on the division of property into a separate proceeding).

Court documents:

• identity document of the plaintiff;
• divorce petition;
• a copy of the birth certificate of each child;
• Marriage certificate;
• certificates of wages of the plaintiff and the defendant (to resolve the issue of alimony);
• receipt of payment of state duty;
• agreement on the amount of alimony and division of property (if any);
• if both spouses agree to a divorce, one of them (the defendant) must submit a written consent;
• other additional documents which may be requested by the court if necessary.

The date of the court session is set by the court after the documents are accepted, the date of the hearing is set no earlier than one month after the filing of the claim for divorce.

What else you need to know about divorce in court

1. In one statement of claim, you can voice the requirements for divorce, for determining the place of residence of the child, for the recovery of alimony and the division of property. This approach will significantly avoid unnecessary red tape, saving time.
2. Be prepared to provide the court with various documents that may be needed: a certificate of ownership, a vehicle registration certificate, a declaration of income, and more.
3. At the divorce proceedings, the presence of the plaintiff and the defendant in person is not necessary; instead of them, their official representatives with the appropriate power of attorney can participate in the case.
4. The court may consider the case without the presence of one of the parties at the trial, provided that the plaintiff or the defendant were properly notified of the date of the case and there is no good reason for their failure to appear. In this situation, the court may decide to postpone the date of the meeting, and in the event of the third non-appearance of the participant, make a decision in his absence.
5. If none of the parties appeared on the day of the court session, the court has the right to close the divorce case.

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

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

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

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

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

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

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

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

Divorcing a marriage in court

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

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

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

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

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

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

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

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

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

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

Questions and answers

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

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

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

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

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

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

17. Dissolution of marriage in court.

A marriage is terminated by a court if the breakup of the family is obvious, the preservation of such a marriage is not in the interests of either the spouses themselves, or their children, or society.

Consideration by the court of cases on dissolution of marriage is carried out in the order of action proceedings established by the Code of Civil Procedure. An action for divorce is filed with the district court at the place of residence of the spouses, if they live together, or the respondent spouse, if they live separately. An action for the dissolution of a marriage with a person whose place of residence is unknown may be brought at the choice of the plaintiff or at the last known place of residence of the defendant, or at the location of his property. In the event that minor children are with the plaintiff or when, for health reasons, it is difficult for the plaintiff to travel to the place of residence of the defendant, a claim for divorce may be filed at the place of residence of the plaintiff.

The dissolution of a marriage is provided for in the following cases:

1) with the mutual consent of the spouses, but if the spouses have common minor children, except in cases where one of the spouses:

- recognized by the court as missing;

- recognized by the court as incompetent;

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

2) in the absence of the consent of one of the spouses to divorce;

3) if one of the spouses, despite the absence of objections, evades the dissolution of the marriage in the registry office: refuses to submit an application, does not want to appear for state registration of the dissolution of marriage, etc.

In case of divorce by mutual consent of both spouses having common minor children, the court is not entitled to:

- refuse to dissolve the marriage;

- find out the reasons for the divorce;

- take measures to reconcile spouses;

in any other way invade their privacy.

The spouses have the right to submit to the court an agreement on children, concluded in writing, which stipulates:

? with which of the spouses minor children will live;

? the procedure for payment and the amount of funds for the maintenance of minor children;

? the order of communication of children with a parent with whom they will not live.

The court has the right:

1) approve the agreement on children;

2) invite the spouses to amend the agreement and approve it;

3) refuse to approve the agreement if it does not meet the interests of the children.

If the spouses have not submitted an agreement on children (or this agreement has not been approved by the court), the court is obliged to determine with which parent the minor children will live, what will be the procedure for children to communicate with the spouse with whom they do not live.

Various sociological studies show that the motives for initiating divorce proceedings are constant quarrels and conflicts in the family, immoral behavior of one of the spouses, drunkenness, adultery, etc. Most divorce suits contain a standard motive - dissimilarity of characters. The Family Code does not contain any list of circumstances under which a marriage can be dissolved. In accordance with Art. 22 of the UK, a marriage is dissolved if the court establishes that the above and other circumstances have led to the fact that further living together spouses and the preservation of the family became impossible. If the court comes to the conclusion that the claim for divorce is insufficiently substantiated and it is possible to save the family, it may postpone the proceedings and set a period for reconciliation of the spouses within three months. The reconciliation of the spouses leads to the termination of the divorce case. If the conciliation procedure has not yielded results and at least one of the spouses insists on the dissolution of the marriage, the marriage is dissolved. The court in these cases is not entitled to make a different decision on the refusal to dissolve the marriage.

In cases where the marriage is dissolved, the court, at the request of the spouses (one of them), simultaneously resolves issues arising from the termination of the joint life of the spouses: on children, on the division of common property, on the payment of funds for the maintenance of a disabled spouse. Issues related to the fate of children: about their place of residence (with their mother or father), about the payment of funds for their maintenance - the court is obliged to decide even in the absence of the relevant requirements of the divorcing spouses, if they have not reached an agreement on these issues or an agreement reached by them, according to the court, it is contrary to the interests of the child (Article 24 of the UK).

Important for ensuring the rights and legitimate interests of the former spouses is the determination of the moment of termination of the marriage. This moment is defined in Art. 25 SC. A marriage terminated in the registry office shall be terminated from the date of state registration of the dissolution of the marriage, i.e. from the date of drawing up an act record of the dissolution of the marriage. A marriage dissolved in a court shall be considered terminated from the day the court decision on the dissolution of the marriage enters into legal force. Accordingly, former spouses are not entitled to enter into new marriage before receiving a certificate of termination from the registry office previous marriage, i.e. before its state registration.

The result of a divorce is the termination of the personal and property legal relations of the spouses, with the exception of certain rights and obligations specified in the law. So, the former spouse (former spouses) has the right to keep the surname assigned to him upon marriage (clause 3, article 32 of the UK). The consent of the other spouse is not required. The former spouse has the right, under certain conditions, to receive funds for his maintenance (alimony) from the other spouse (art. 9 °CC).

18. Issues resolved by the court when making a decision on the dissolution of marriage.

Divorce entails termination of marital obligations. Consequently former spouses have to decide a number of vital issues on which they can submit an agreement to the court. In the agreement, the spouses indicate with which of them minor children will live, establish the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, and the amount of these funds. Also in the agreement, you can stipulate the issue of the division of common property. As a rule, these issues are resolved amicably, and there is no dispute on them in court.

If the spouses failed to reach an agreement on the above issues or the spouses submitted an agreement to the court that, in the opinion of the court, violates the interests of the children or one of the spouses, the court is obliged to determine with which parent the minor children will live after the divorce. In resolving this issue, the court proceeds primarily from the interests of the child. If the child has reached 10 years, the court takes into account his opinion.

The court is obliged to determine from which of the parents and in what amounts alimony for their children. In most cases, children stay with one parent. In this case, the other parent must pay child support. If the children stay with each of the parents, then the court determines the amount of alimony, taking into account the financial situation of each of the parents. The wealthier parent pays child support to the less wealthy parent. If at the time of dissolution of the marriage the children do not live with their parents, but are with third parties, then the issue of transferring them to their parents or one of the parents is resolved by filing an independent claim.

If, during a divorce, the spouses do not raise these issues before the court, the court is obliged to resolve them on its own initiative.

At the request of the spouses or one of them, the court is obliged to divide the property that is in their joint ownership. Spouses who have not filed a claim for the division of property upon dissolution of the marriage retain the right to file a claim for the division of jointly acquired property within three years after the divorce. If the division of common property affects the interests of third parties, the court has the right to separate the claim for the division of property into a separate proceeding.

The court is also obliged, at the request of the spouse who has the right to receive maintenance from the other spouse, to determine the amount of this maintenance. To resolve this issue, the spouse who has made such a claim is obliged to submit to the court documents confirming the right of the spouse to receive maintenance. A disabled or needy spouse has the right to receive alimony from a former spouse.