If you want a divorce, but your partner does not want it, then you can unilaterally file for divorce through the court.
If your partner gives you consent to divorce, then you can quickly.
Divorce through the registry office is quick and simple, but we will consider the option of divorce in court.
Grounds for ending a marriage.
- When does one file for divorce in court? Conditions.
- Which court should I file for divorce in?
- Documents for filing for divorce through the court.
- How is the trial going?
- Divorce terms.
- Nuances of divorce through court.
- Grounds for termination of marriage.
- State duty and the cost of a lawyer’s services during a divorce through the court.
- Video.
- An example from judicial practice.
Grounds for termination of marriage
From the perspective of legislation (Article 16 of the RF IC), there are 4 grounds for termination of family relationships:
- Death of one of the spouses;
- Recognition of a spouse as deceased (by the court);
- Filing an application for divorce by one of the spouses (by the guardian of the spouse if he is incapacitated);
- Filing of an application for divorce by both spouses.
In the first two cases, the marriage is terminated at the moment the event occurs or the court decision enters into legal force.
When does one file for divorce in court? Conditions.
As already noted, is it possible to get a divorce both in the registry office and in court? But when exactly will you have to go to court?
There are three cases:
- The presence of joint children under 18 years of age (clause 1 of Article 23 of the RF IC);
- Reluctance of one of the spouses to part with their other half (Article 22 of the RF IC);
- Evasion of one of the spouses from appearing at the registry office, with theoretical consent to divorce (clause 2 of article 21 of the RF IC).
In the first case, everything is clear: even if the husband and wife vying with each other about the impossibility of living together in the future, but at the same time they have at least one common child (a minor), they will still have to get a divorce in court.
In the second, everything is also clear: the husband or wife wants freedom, and, accordingly, his wife or husband expects speedy reconciliation and preservation of the family. The registry office will not divorce such a couple. The matter will be decided in court.
The third case is the most interesting: both spouses agree, but one person sabotages the event in every possible way and simply does not show up at the registry office on the day appointed for the divorce. In this case, whoever wants to break family relationships you will have to file a lawsuit for divorce.
Which court should I file for divorce in?
As a general rule, divorce cases are considered by world judge– clause 2, part 1, art. 23 Code of Civil Procedure of the Russian Federation. If, during divorce proceedings, a husband and wife decide to determine the place of residence of their joint child, then such a case will be considered district court- Art. 24 Code of Civil Procedure of the Russian Federation.
The claim is filed in court at the place of residence of the defendant, or the plaintiff, if the place of residence of the former is unknown. It is also allowed to file a claim in court at the place of residence of the plaintiff, if the plaintiff permanently resides with him minor child, whose place of residence after the termination of the marriage will have to be determined by the court.
Documents for filing for divorce through the court.
Served at general rules submitting an application. The initiator of the divorce will be called the plaintiff, the other party will be called the defendant.
The claim shall indicate the full details of both parties, including place of residence, grounds for divorce (formal condition), and also attach documents (copies):
- Marriage certificate;
- Children's birth certificates;
- Certificates of income, if we are also talking about the collection of alimony;
- Document confirming payment of state duty;
- The spouse's consent to divorce is notarized, if any.
How is the trial going?
After accepting the claim, the court sets a date for the first hearing. It cannot be appointed earlier than one month after the claim is filed by the applicant. The plaintiff and defendant receive a divorce summons by mail before the hearing. At the first meeting, the court finds out the attitude of the parties to the divorce, the reasons for the divorce, and the possibility of saving the family.
If both spouses have a strong desire to separate, but there are no disputes on other issues, then the divorce process in court ends there. The court issues a divorce decree and, after 30 days, sends a copy of it to the registry office. If everything in the case is not clear: the husband/wife does not want to separate, then the court sets a period for reconciliation of the parties, usually 3 months. If after the expiration of the period the parties have not found common language, then the judge makes a decision to end the marriage.
In case of no-show...
If both spouses do not come to court, then the case is terminated and the family is preserved, but if there is only one, then first the judge finds out:
- Was the person who failed to appear properly notified and, if so, then;
- Was his reason for not appearing valid?
If the party was duly notified and no motion was made to consider the case in his absence, then the judge may either postpone the hearing to another date or hold the hearing in the absence of the person who failed to appear.
Two failures to appear are allowed (two postponements of the hearing); upon the third failure to appear, the court will be forced to make a decision.
Divorce terms
Unencumbered by other requirements and with the consent of both spouses, a divorce in court will not take more than 1 month(plus 1 month for the court decision to enter into legal force) from the moment the plaintiff submits the application.
If the requirement is broken family bonds there is only one spouse, then the trial may drag on 4 months(plus 1 month for the court decision to enter into legal force). Included on time as much as possible valid time for reconciliation of the parties.
If only one party has a strong desire to get a divorce, and the other, after the allotted period for reconciliation, did not appear at the hearing, and then did not appear again and again, then you will have to get a divorce for the whole 6 months from the date of filing the claim (plus 1 month for the court decision to enter into legal force).
If the divorce process involves, then the terms, in general, can vary from six months to one and a half years.
Nuances of divorce through court
Family law of the Russian Federation provides the right to initiate divorce to both husband and wife, however, there are some nuances.
Thus, the husband does not have the right to file for his wife even a year after the birth of the child. The court will divorce a couple only if the spouse expresses a desire (Article 17 of the RF IC).
If the claim for divorce includes a request for the division of property, then such a claim can be filed in court at the location of this property (when it comes to real estate) - Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation.
In the case of simultaneous division of property, along with the claim, it is advisable to file a petition to seize the property so that the defendant cannot realize it.
It happens that spouses reconcile after the court has made a decision on divorce. In this case, the law gives the right to appeal the court decision within 30 days, and in the court of second instance to abandon the claim.
State duty and the cost of a lawyer for a divorce through the court.
Freedom has always been highly valued in the literal and figurative sense, so a person who decides to untie himself married life, you'll have to spend money.
Cost of divorce, excluding compensation (if any) marriage contract), the property consists of state fees and the cost of services of a trusted person (lawyer).
There are three duty options depending on the conditions:
1) For state registration of divorce, including the issuance of certificates:
with mutual consent of the spouses who do not have common minor children - 650 rubles for each spouse.
2) Upon divorce V judicial procedure
- 650 rubles from each spouse.
3) Upon divorce at the request of one of the spouses if the other spouse is recognized by the court as missing, incompetent, or sentenced for committing a crime to imprisonment for a term of more than three years - 350 rubles.
The cost of representative services varies by region. So, in the capital, a family lawyer will cost 900 rubles, and representation in court will cost from 10 thousand rubles. In the provinces, amounts may be smaller.
An example from judicial practice
Inna B. filed a lawsuit for divorce from her husband Stanislav B.. At the time of filing the application, Stanislav B. was registered with his friends, but Inna B. did not know the address. The couple had a 5-year-old daughter. The wife filed a lawsuit in the district court at her place of residence, indicating that she did not know where her husband currently lived. The spouse also filed for division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously made a demand to determine her permanent place of residence with her mother.
On court hearing Stanislav did not show up. The court decided to postpone the consideration of the case for a month. Stanislav again failed to appear at the re-hearing, and the court again postponed the consideration of the case for a month. At the third court hearing, the husband came and stated that he did not intend to separate from his wife, but wanted to maintain the relationship for the sake of his daughter. The court set a deadline for reconciliation - 2 months.
Two months later, at the next meeting, the court decided to divorce the couple, leave the daughter to live permanently with her mother and assigned her alimony, dividing the property in equal shares, but it turned out that by the time the decision was made, the car had been sold and the spouses’ property amounted to one garage. Subsequently, Inna was unable to prove that she did not know about the sale of the car and was unable to cancel the transaction.
Instructions
Divorce in the registry office is possible with the consent of both spouses and if they do not have common minor children. The registry office will provide an application form (form No. 8), which is submitted by both spouses.
The statement states:
1. Full name of the spouses, their passport details, citizenship, place of birth and residence, nationality;
2. Date and number of the marriage registration act and by which registry office it was registered;
3. The text of the application, which contains the spouses’ request for divorce and indicates the surnames that the spouses will keep after the divorce;
4. Date and signatures of the spouses.
The divorce application must be accompanied by the passports of the spouses, a marriage certificate and a receipt for payment of the state fee.
Divorce occurs one month after filing the application. During this time, either spouse can withdraw the application.
You can also get a divorce at the registry office at the request of one spouse, even if there are common minor children, if the other spouse is declared incompetent by the court, missing, or sentenced to imprisonment for a term of more than 3 years. In this case, the application for divorce is filled out according to Form No. 9. Attached to the application, in addition to the above documents, is an extract from the court decision declaring the spouse incompetent or missing, or from the court.
The magistrate court considers a divorce case at the request of one of the spouses if:
1. One of the spouses evades divorce from the registry office;
2. There are no disputes about the further residence and upbringing of children;
3. There are no disputes about the division of property acquired during marriage and the payment of alimony.
If the value of the disputed property does not exceed 50 thousand rubles, the case is also considered by a magistrate.
The statement of claim contains:
1. Name of the court or full name of the magistrate;
2. Full name and place of residence of the plaintiff and defendant
3. Date and place of marriage;
4. Information about the defendant’s consent to divorce;
5. Information about common minor children and their place of residence after divorce;
6. Request for divorce, indicating the reasons, collection of alimony and division of property.
Appendix to the statement of claim:
1.Marriage certificate;
2. Birth certificates of common minor children;
3. Certificates of income of spouses;
4. Inventory of jointly acquired property;
5. Copy statement of claim and a receipt for payment of the state duty.
Divorce cases are considered by a magistrate within 1 month.
A district or city court will consider an application if the spouses were unable to reach an agreement on the issues of living together for their minor children, the payment of alimony and the division of joint property, the value of which exceeds 50 thousand rubles. The statement of claim is drawn up in the same way as for the magistrate's court.
Time limit for considering a divorce case district court no more than 2 months. from the date of filing the statement of claim, however in some cases this period can be extended to 3 months.
Good day, dear readers of my blog! Divorce is a painful and difficult period in the life of any person who finds himself in such a difficult situation.
If you have had to deal with this, then it is better to know how this procedure is carried out and what documents are needed for divorce through the registry office. It is easier to get a divorce through the registry office than through the court.
You will receive the necessary document when a month has passed after your application.
Today I will tell you about what documents you need to collect and how the procedure is carried out through the registry office.
Most often, the procedure for completing a marriage through a registry office is carried out according to mutual consent, when the couple has no mutual claims.
To carry out the procedure, you will need to prepare a certain package of documents. To apply, your decision to sever ties must be approved by both parties.
In addition, a couple with a child cannot quickly divorce. The proceedings take place in court, as the court decides with whom he will live and determines the required amount of alimony.
There are the following reasons in which a relationship can be terminated without the consent of the second spouse in this institution:
- If one of the couple is missing or dead. In this case, it is necessary to provide a special decision from the court.
- If by a court decision he was declared to have lost his legal capacity.
- It is possible to dissolve a marriage with a convicted person if the sentence is more than three years.
If there are disputes about common property, then termination is also carried out only in court.
Which registry office should I submit documents to?
To dissolve, the couple must file a claim with any of the registry offices in the territory of residence. You can contact the institution at the place of registration of either spouse.
The claim will also be accepted at the institution where the marriage was registered. Moreover, the document can be submitted either separately or together.
If the husband or wife cannot come, then sending the document by mail or through the other spouse is allowed. But the document must be confirmed by a notary.
Valid reasons for failure to appear in court include the following:
- serious disease;
- stay in the army;
- going on a long business trip over vast distances;
- when living in difficult to pass places;
- while serving a prison sentence.
How to get a divorce through the registry office
Legal proceedings can begin not only with common offspring or with unclear disputes about property, but also with unclear conditions regarding the amount of support for a disabled spouse.
The resolution is adopted by authorized bodies within a month.
A period of 30 days is given so that the spouses can better think about whether they did the right thing, and also collect the missing documents. While the document lasts for a month, you can revoke it.
How to write an application correctly
To apply, you must fill out an application. It indicates passport data, information about nationality, place of birth, marriage information, as well as which surnames will remain after the process.
Both statements must be the same.
If the claim is filed without the husband, who is serving time in prison, then exactly where it is indicated, and it is also necessary to provide a special court decision in this regard.
After you have filed your claim. And if it is compiled correctly, the specialist at the registry office assigns it a special registration number and also puts a date on it.
To submit a document unilaterally, you must indicate the reasons. Additional information must also be attached.
Termination of relations is unilaterally carried out by the court. By the way, fundamental disagreement of one of the spouses is not uncommon in judicial practice.
The refusal of one of the spouses to be married is considered sufficient grounds. But a man has no right to divorce without his wife’s knowledge when the woman is pregnant or the child is not even a year old.
You can submit an application not only in person by visiting the registration authorities, but also using special electronic systems. You can send a message through the Unified State Portal, which provides public services.
What documents need to be prepared
To apply, you need to have the following documents:
- Application drawn up according to the sample.
- Passports.
- Marriage certificate.
- Confirmation of payment of state duty.
The payment amount is 650 rubles each.
If you have to submit an application under certain circumstances, then additionally attach:
- Resolution recognizing a spouse as missing or incapacitated.
- A court sentence for which time is being served.
To obtain a marriage certificate, if there is already a court decision. You must bring this document and passport to the registry office.
The registration date is recorded when the claim was received.
The basis for such registration is a court decision or application.
Spouses and even those serving prison sentences and guardians of incapacitated spouses must be informed of the application.
If there are no guardians, the registration authorities must notify the guardianship authorities of such a statement.
A divorce certificate is a document indicating the end of a marriage. Former spouses receive such a copy.
The certificate contains all passport details ex-spouses, full name before and , date of registration of the divorce and its date.
Divorce procedure at the registry office
The process through the registry office differs from the procedure for divorce in the courts.
The procedure for divorce is as follows:
- The registry office will not find out the reasons and motives for the divorce. There is also no requirement to provide any facts or evidence that demonstrate the need for a divorce.
- The process of divorce does not require the presence of both spouses. Registry office employees do not conduct conciliation procedures.
- The time limit for divorce cannot be increased or decreased. If, during the time allotted by law, the spouses decide to reconcile, then it will not be carried out. In addition, a divorce will not be issued due to circumstances such as the return of a spouse who was listed as missing or the discovery of a judicial error when passing a verdict.
One month after the application has been registered, the marriage automatically ends. It is no longer possible to cancel the decision after the specified period.
There are specifics when divorcing a foreigner. At the registry office you can dissolve a marriage that took place in Russia.
If the marriage took place in another state, then the divorce is carried out there. But if both spouses agree, then the procedure is carried out on a general basis.
Divorce procedure for property claims
And childless couples often have disputes over property.
In this case, the application can also be submitted unilaterally through the court:
- if the amount of property is less than 100 thousand rubles, then the case is conducted by a magistrate;
- if the amount is greater, the proceedings will be conducted in the city or district court.
The second situation is more common. At the same time, a statement is also drawn up. It states the reason for the divorce. It is necessary to dwell in detail on the property component.
Unilateral demands. Proof of title showing ownership of property prior to marriage.
Of course, it’s great if you never have to use this information. But in life anything happens. When deciding to divorce, you need to think it over carefully and weigh all the pros and cons.
You shouldn’t make a decision in the heat of the moment and then turn everything back, it won’t work.
Don't forget to subscribe to my blog updates and tell your friends about it.
See you again, dear friends!
To dissolve a marriage means to officially end a relationship between two people. Today, for this, it is not enough to live separately and stop communicating; it is necessary to carry out a legal divorce procedure through the registry office or in court. At the same time, there is a certain procedure for divorce through the registry office at the end of the process, in which citizens receive the corresponding document.
Due to the relevance of the topic raised, this review will provide comprehensive information on such questions as: how to get a divorce through the registry office, what is needed for a divorce in the registry office, is it possible to get a divorce if you have children, what are the rules for divorce and how to write an application for divorce.
Also, all readers have access to sample documents and standard forms, which can be downloaded in a free format.
Visitors to the portal can benefit from free consultations with lawyers on family matters.
A popular question that many couples ask when deciding to end a relationship is “How to file a divorce through the registry office.” Note that even if only one side wishes, this will happen. The only thing is that such a process will be considered in a judicial body. Therefore, reluctance and any evasion will not affect the legal side in any way. For the main postulate of the Constitution of the Russian Federation is “Where the freedom of one person begins, the freedom of another ends.”
However, the Russian legislation provides for exceptional cases in which the opinion of the party will always be taken into account. In what cases is this possible:
- if the spouse is bearing a child together;
- if the spouse is raising a common child or children between 1 and 3 years of age.
However, at the same time, the spouse has the right to file an application for divorce in court if the wife gives such consent. In practice, such situations occur extremely rarely. It should be noted that even in the event of a stillborn fetus or death after birth, the spouse will be forced to wait 12 months in order to file a claim for divorce without trial.
The divorcing person has the right to go to the registry office or send a claim to the court (civil or magistrate). It depends on whether there are minor children together and whether it is necessary to divide property. Important point- even with such a question, the spouses can reach an amicable agreement, record it on paper with a notary and thereby initiate the divorce process through the registry office. To find out how to do this correctly, contact the portal’s specialists, who will answer your questions for free.
How does a marriage end through the registry office?
This section describes the two most common cases when filing a divorce at the registry office in 2019.
There is consent of the other party
The divorce procedure through the registry office is carried out in a simple and least painless manner not only for spouses, but also for loved ones. To do this, you should visit the registry office office, as a rule, this is the branch where the marriage registration took place. Take a sample there that suits your case and fill it out correctly. In the absence of factors such as joint children and conflicts over the division of property, the divorce will be carried out in a branch of the registry office.
Similar actions will be taken if one party is unable to appear at the trial. Here, before visiting the registry office, you need to go to a notary and draw up a legally correct consent to divorce.
If the spouse or wife is in prison, the application must be certified by the head of the institution.
Over the past few years, the country has developed a state portal of services for the population. Multifunctional centers are also opening everywhere where you can file a divorce at the registry office in 2019 in Russia.
Application to the registry office from one party
You can also file a divorce at the registry office without asking your spouse. However, such cases are clearly stated in the Russian Investigative Committee, namely:
- If the court finds the spouse guilty and deprives him of his liberty to serve a prison term of 3 years or more. When submitting an application, you must attach a copy of the court decision on this issue.
- The other half of the couple was declared incompetent by the judiciary. The corresponding decision should be attached to the divorce documents through the registry office.
- A situation in which one of the parties goes missing. The evidence is a copy of the resolution.
If your situation fits these conditions, then after reading this article you will no longer ask the question “How to get a divorce without a trial.” Next, you will learn how to apply for divorce and how to draw it up legally correctly.
Correct wording of an application for divorce
Divorce in the registry office, upon reaching a mutual decision between the parties, involves filing an application for divorce in the registry office. In this case, as noted above, when submitting an application, it is allowed to provide a second consent in the form of a notarized document.
Divorce in 2019 through the registry office must occur on the basis of an application in a form that suits the situation:
Samples of each form can be downloaded from the portal free of charge.
The application must include a mandatory clause about:
- contact details of the parties;
- marriage registration certificate number;
- where did the registration take place?
- the fact that there is no child together;
- National affiliation is indicated optionally;
- When divorcing, you should fill in the “Last name after” column.
After the application has been written, you must take the details of the selected authority and pay a state fee of 650 rubles. for each or 350 rub. in cases provided for as exceptional. The submitted document must be certified by a receipt of payment made. Otherwise, it may be refused acceptance.
In the event of a divorce through the registry office in which the spouse died, this certificate must be attached. The divorce application to the registry office does not indicate the reason, which is a significant psychological advantage in contrast to the courtroom.
Additional Information
For a divorce without trial, the following nuances should be taken into account:
- Failure to appear at the department for an unexcused reason entails the applicant’s right to receive a positive decision at the first meeting with the department staff. Valid reasons include if the person terminating cannot be present due to the following reasons: severe illness, stay in long business trip at a remote distance, conscription for military service. Possible way out from such a situation - providing written permission.
- If there is conflict situation, regarding the division of jointly acquired property, a divorce can also be filed at the registry office. This goes as follows: first, the marriage is dissolved in the registry office, and then legal proceedings are initiated for the division of property. Find out more detailed information from the portal's lawyers.
- Divorce in the registry office is permitted only if its registration took place on the territory of Russia. In all other cases, the application will be rejected.
It is noteworthy that backtracking after the completion of the process is not permitted by law, i.e. if the decision was mutual and both parties are capable.
Duration of divorce proceedings
The reader already knows how a divorce occurs and how to submit an application for divorce to the registry office. Now it is necessary to touch upon the moment of the period during which the correct divorce process is carried out.
So, starting from the date of filing the application, the parties are given one calendar month to weigh everything. After all, quite often husbands and wives go to the registry office in a stressful state after a disagreement. That is why such a period is given to withdraw the application. If this happens, the divorce procedure states that the entire process will be canceled, but the state fee will not be returned. Therefore, if you do not pick up the application within this period, then upon its expiration the procedure will automatically end.
On the appointed date, the spouses come to the registry office to divorce. This is done in order to obtain a document indicating a divorce. Employees of the authority make an entry in the act, put stamps in passports, and from that moment on, the social condition of people changes. It is noteworthy that the appearance of one of the spouses is sufficient for the certificate to be obtained and the marriage to be officially recognized as dissolved. The second spouse who has divorced can visit the department at a time convenient for him. This will no longer affect the situation.
The period of divorce proceedings can be changed if both spouses express such a desire. An increase in the consideration period is required in cases where the appeal goes to court due to a change in the decision of one of the parties. A statement of claim is being filed, the main requirement of which is the termination marital relations. In this case, the process will take a long time, because Each situation is considered individually.
Important information: Divorce proceedings occurs in accordance with the rules from the Investigative Committee of Russia, namely Art. No. 19 and Chapter No. 4 of the Federal Law “On Acts civil status. They contain full information about the conditions of divorce in the registry office, incl. requirements for applications, the procedure for submitting them and, accordingly, the procedure itself.
In Russia you can get a divorce in two ways. The first peaceful option that suggests is a simplified form. The second way to file a divorce is to file (proceedings). The choice of one option or another depends on individual circumstances. The situation is influenced by factors such as the presence of children, property disputes, and the consent of the parties. Let's consider on what grounds divorce occurs through the registry office, and what documents are required for this procedure.
Divorce through the registry office - civilized, peaceful, quick way divorce, which involves ending the relationship a month after filing the application. But not all couples can resort to it. Let's consider the list of conditions, the presence of which is the basis for applying to the registry office.
The grounds for divorce may be the following:
- Mutual consent of the parties. Registration takes place by mutual agreement, the application is supported by a list necessary documents. This scheme is used only in the absence of:
- children under 18 years of age;
- property disputes.
- One-way order. The registry office will divorce a couple only in such cases when:
- the second spouse was sentenced by a court to imprisonment for three years or more;
- the second applicant is declared incompetent;
- the person is declared missing;
- there is a court order to terminate the relationship, in this case the registry office only records the fact of termination.
Attention! If there is a minor child in the family and there are property disputes, it is impossible to divorce through the registry office. In this case, going to court is a mandatory condition.
For your information! One of the grounds for unilateral termination is imprisonment of one of the spouses for a period of three years. The second party can take advantage of this condition at any time. You can get a divorce without the consent of your other half during the period of his imprisonment and after his release.
