Spouses who have decided to dissolve their marriage are especially concerned about the question of how quickly they will be divorced. Divorce will take exactly as long as provided for by family and civil law.
Divorce terms through the registry office
Divorce in the registry office is the most quick way dissolve the marriage. But it is not suitable for every married couple, but only for those who both agree to divorce and do not have jointly born or adopted children under the age of eighteen.
The maximum period in which you will be divorced is one month. In the registry office, after filing an application for divorce, it is registered and a mark is placed on it, on what day and time the marriage will be considered dissolved and the divorce certificate can be collected.
You can find all the details about the divorce procedure through the registry office on the page -
Time limits for divorce through court
With deadlines, everything is much more complicated. But if you wish, you can quickly get a divorce through the court.
IN judicial procedure Divorce cases are considered, which are burdened by the presence of common minor children among the divorcing spouses and the issues of their living with one of the parents after the divorce, as well as the presence of a dispute about the division of property acquired by them during marriage.
It will depend on several circumstances. Let's look at the most common ones.
1. The desire or unwillingness of both spouses to dissolve the marriage. If both agree to divorce, they have no disagreements on issues of joint property or living with one of them common children, they both appeared at the first court hearing, in which they indicated compelling reasons for divorce and clearly substantiated their position, their marriage will be dissolved in 1 month and 10 days.
Some facts
This is the minimum period for divorce. It consists of 1 month, which is given to file a statement of claim and have it accepted by the judge for proceedings, and 10 days, which takes for the court decision to enter into legal force.
2. The presence of disputes about property and children. If a divorcing couple has such disputes, they could not agree on who the children will live with after the divorce, and who will get what property, then the divorce process can drag on for many months. The couple may even be divorced by this time, since maximum term The length of time a judge can postpone divorce hearings is 3 months. But the remaining litigation will continue until the court can make a decision on the fate of the common property and children.
3. The defendant’s refusal to appear in court or his deliberate delay in the divorce procedure. This happens quite often. And this spouse is often driven not by the desire to save the family, but by mercantile issues - reluctance to move out of a common home, reluctance to divide property or resolve issues of turning this property into their favor before a divorce, etc.
There are cases when the court, after the defendant fails to appear in court three times, makes a decision on divorce. But not all judges go for it. After all, in order to make an objective decision, the presence of both spouses is still desirable. And there is no guarantee that after the decision is made, the defendant will agree with it and will not consider it necessary to appeal it. After all, the reversal of a decision negatively characterizes the work of a judge.
If the defendant submits documents to support his excused failure to appear in court ( sick leave, travel certificate, etc.), then the judge simply will not have the right to make a decision on divorce without his appearance.
4. Violations in the work of civil servants of the judiciary. Unreasonable acceptance or non-acceptance of a statement of claim, incorrectly made decision, failure to send or late sending of notifications to interested parties, etc. - all these are reasons why divorce proceedings in court can drag on. Therefore, after filing a claim for divorce in court, you need to monitor its progress.
Sometimes there are cases when judges deliberately delay the timing of divorce through the court. It depends on the indiscipline of the judge or on the wisdom of statistics. If your divorce is “superfluous” this month or quarter, then in one way or another they will be able to postpone it until later.
Let's summarize. Minimum term for divorce in court – 1 month and 10 days. Here we should also add the time that you will spend on obtaining a divorce certificate in court. This usually takes one day. And the court’s decision is already a fact of divorce, and obtaining a certificate is a simple formality.
The maximum period for a divorce through the court, provided that it is not burdened by property disputes, questions about the residence of children and is not delayed by failure to appear at a court hearing, is 4 months and 10 days. It consists of a month for consideration of the claim, a three-month period for court hearings and the issuance of a decision, as well as a ten-day period for the decision to enter into legal force.
If one of the spouses does not agree to a divorce, then the court will thoroughly analyze all available materials, and then draw conclusions whether the spouses can continue to live together or not.
How long does it take to appeal?
If any of the parties does not consider the decision made by the court to be correct, then the legislation gives it the opportunity to appeal this decision to a higher authority. 10 days are allotted for this from the day the divorce decision was made. After this, it will already have legal force, and it will be more difficult to appeal, and the chance of canceling it is equal to zero.
Limitation periods for division of property
Some facts
The period in which divorce cases are considered is somewhat longer, since it takes time to make a decision on the issue of living with children after a divorce, on the procedure/amount of alimony payments, etc. It is also important to correctly divide jointly acquired property (securities, bank deposits, real estate, and so on).
In practice, most often the divorce process is delayed due to disputes about the division of common property acquired during the marriage. But the concept that applies here is the statute of limitations for filing an application for property claims. According to paragraph 7 of Article 38 Family Code RF, as well as Article 196 of the Civil Code of the RF, this period is three years.
In other words, if the spouses have already filed for divorce, then they have three years left to file a claim for division of property. After the expiration of this period, the court simply will not accept such a claim from them.
This three-year period will be calculated from the date of termination of the marriage, and not from the date of filing for divorce.
How to quickly file a divorce
This will depend mainly on the divorcees themselves. Only your mutual and civilized decision to end the marriage will help you avoid prolonging this unpleasant procedure. To do this you need:
- Both must file an application for divorce indicating a common objective reason ( We tell you in detail how to correctly draw up an application for divorce),
- preliminary, if necessary, conclude and notarize an agreement on the division of property, on cohabitation and the procedure for visiting children, on alimony,
- appear at all court hearings,
- clearly defend your position on divorce, explaining to the judge that saving the family will not be possible due to certain circumstances.
It will help a lot in fast registration divorce, turning to the services of experienced lawyers. They will not only help you competently and motivatedly draw up an application for divorce (which will insure you against refusal to accept the application, its return or leaving it without progress), but will also familiarize you with all the legal nuances and explain what you need to pay attention to Special attention during a divorce.
The statement of claim is drawn up in writing, sometimes with attachments. It is provided in several copies: one for each of the parties, another one for affixing an acceptance stamp on it.
Or you can even issue a power of attorney to a legal specialist to represent your interests during a divorce. This will save you from mandatory attendance at court hearings and from unpleasant dates with your almost ex-spouse. And it will make no sense for the judge to focus on reconciliation and preservation of the family if the spouses themselves are not present at the hearing.
All thorny issues issues arising from a divorce and related to the division of property or determining the place of residence of a child, an experienced lawyer will be able to resolve more competently and quickly than a housewife or store clerk who is not versed in these subtleties.
It is clear to everyone that legal assistance costs money, and sometimes a lot. But saving personal time, healthy nerves and gaining freedom from marriage is sometimes worth paying for.
If you have any questions about deadlines divorce proceedings, then ask them in the comments
According to the current legislation of 2018, divorce through the magistrate’s court is carried out if the spouses have minor children and there are no property or other disputes.
Divorce through a magistrates' court is the most simplified procedure for spouses with children. A statement of claim for divorce is submitted to the court at the place of residence. The document indicates the reasons for going to court.
The following factors specified in Article 16 of the Family Code of the Russian Federation may serve as grounds for divorce:
- mutual consent of both spouses to terminate family relations;
- the desire of one of the spouses to dissolve the official marriage;
- application from a person who is the guardian of one of the spouses in the status of incapacity;
- recognition by the judicial authorities of one of the missing spouses as deceased (in his absence for more than 5 years);
- actual death of wife or husband.
What is the procedure for divorce through court with children?
Divorce through the Magistrates' Court with children is carried out in stages. The sequence of actions within this process is as follows:
- (a statement of claim indicating the grounds for divorce and evidence, annexes to the application, the list of which depends on the specific circumstances);
- the court accepts the claim for consideration, sets a date for hearing the case (no earlier than 30 calendar days after filing the claim);
- holding a court hearing at which the possibility of preserving the marriage is clarified and the grounds for its dissolution are considered);
- upon full settlement of all issues of the parties and the absence of controversial claims between them, a court decision on divorce;
- in the absence of consent of one of the parties to divorce, determining an additional period for possible reconciliation of the spouses;
- adjournment of the hearing if the defendant does not appear in court for the hearing of the case (possibility of rescheduling twice);
- issuance of divorce certificates.
After receiving the divorce document, the spouses have the right, if they wish, to file a claim for the division of property and the place of residence of the children, if there is no prior voluntary agreement on these issues. If the divorcing parties have agreed among themselves, an agreement is drawn up, which the court approves during the main hearing. A court decision may reflect several points at once: the actual fact of divorce, payment of alimony for a minor child or incompetent ex-spouse(spouses), place of residence of children after divorce, order of communication with the child of a parent living separately, division of common property and other issues.
The court's decision is announced in the courtroom, where all participants in the process are present. Within five days, the executors are required to prepare written forms of the decision for handing over to the interested parties.
Submitting and completing an application
Actions of the parties after the trial
After the judgment in a divorce case is announced, sealed and delivered to the plaintiff and defendant, the legal period for appeal comes into force. This period lasts for 30 days, during which a party dissatisfied with the decision can file an appeal to a higher court. If such an appeal is filed, the court decision comes into force after the ruling on the appeal is made. If no complaints have been received, after 30 days the divorce decision becomes legally valid, and the spouses can contact the registry office to register the fact of divorce. The state fee for obtaining a court decision is not paid.
To obtain a divorce certificate from the civil registry office, you must pay a state fee and submit a package of documents. It includes a marriage certificate, a payment receipt, a statement from one of the spouses or a general one, and a copy of the court decision. After 30 days, the official divorce documents will be ready, and each party will be able to receive their own copy.
How long does the divorce procedure with children take?
The duration of the process depends on what requirements are set out in the text of the statement of claim and whether there is consent of both parties to divorce. The 2018 legislation defines clear periods for holding court hearings, but exact dates may vary depending on various factors related to questions about the place of residence of children after divorce and property disputes. One month - the period between filing an application until the first hearing, 3 months - postponement of the hearing due to the defendant’s failure to appear or disagreement with the divorce, 6 months - extension of the period due to disagreements on property or other disputes.
To maximize the speed of completion of the case, it is advisable to entrust the support of the procedure to an experienced lawyer. Appealing to the magistrate's court presupposes that there are no obstacles to making a decision after the first hearing.
Divorce brings moral suffering to the participants in the procedure in most cases. From a legal point of view, divorce cannot be called a simple procedure either. Divorcing spouses will go through the collection and preparation of documents, waiting periods given by the state for reconciliation. Divorce through the court - how much time will be spent on reviewing the case materials and the meetings themselves. The timing of a divorce, as well as its cost, largely depend on the circumstances surrounding the couple.
Divorce through the registry office
We can say for sure how long a divorce carried out by the registry office staff lasts - within one month. To use this service, spouses should determine whether there is mutual agreement on the fact of the divorce itself, as well as the distribution of common property (if any) between the spouses). After paying the state fee, the spouses submit a joint application for divorce. The entire procedure can take no more than 5 weeks.
Divorce through the registry office is the shortest in duration. However, spouses should not have common children or disputes about property in order to get a divorce as quickly as possible. In all other cases, an appeal to the judicial authorities will be required.
Divorce through a magistrate or district court
In normal situations, spouses need to divorce through the magistrates' courts. If it is impossible to reach a consensus regarding the determination of the order of residence of common children or the division of property, the process proceeds to the district courts. The presence of common children who have not reached the age of majority, in the vast majority of cases, forces spouses to go to court (with the exception of situations where the divorce is unilateral for good reasons).
When interested in divorce through the court, how long it will take for the process of terminating family relationships to be completed, spouses must take into account important factors:
- Whether the spouses were able to reach an agreement on the residence and maintenance of their common minor children;
- Do the participants in the process agree with the division of property required by law (in half between both spouses).
These factors will significantly reduce the number of time intervals and courts that the divorce process will take. In the absence of disputes, the spouses will have to go through 2 meetings. The first involves considering all the circumstances, determining the position of the parties and making a decision by the judge on whether a deadline will be set for reconciliation of the parties. Usually this period is assigned and is 1 month, but if there are objective reasons ( domestic violence, drug addiction or alcoholism of one of the spouses), this period is not assigned. The second meeting takes place for the spouses a month later. If they do not reconcile and continue to insist on divorce, the judge will dissolve the marriage.
Time limits for divorce in court
Factors that influence how long a divorce will take are divided into subjective and objective. How much a divorce through the court costs does not in any way affect the speed at which the judge makes a decision - the fee is fixed size and is paid equally by the spouses.
After filing a claim for divorce by one of the spouses, the court will review and study the documents within 1-2 weeks. The appointment of a date for divorce cannot be later than a month from the date of filing the documents (if all formalities have been met and the start of proceedings has not been refused). Litigation takes another 3 months on average. The total duration of the divorce process is about 4 months.
The listed time frames are objective - they depend on the employees of the judicial authorities, they cannot be influenced in any way by the participants in the process. The subjective influence on the duration of a divorce in court is that which spouses can exert in order to speed up or lengthen the time during which the court decides to divorce them.
Subjective reasons:
- The defendant’s full agreement with the plaintiff’s demands not only saves the parties from long litigation, for each of which they will need to pay another amount of state duty, but also increases the chances of canceling the reconciliation period - the judge will make a decision on divorce immediately.
- If the defendant, on the other hand, avoids attending court without giving reasons, the case will be postponed. The law allows the process to be postponed three times, after which the meeting will take place in any case, but total term will be extended.
- The decision to divorce comes into force only after a month (all this time, citizens will formally continue to be considered married). An appeal filed during this period will further lengthen the time it takes to obtain a divorce.
Lengthy litigation will cost spouses much more money than quick litigation. Payments for court staff, lawyers and representatives can be large.
Reducing the divorce period
Reducing the duration of a divorce in the civil registry office is impossible, but it is quite possible to influence the duration of the termination of family relations in court:
- By specifically formulating the claims, without allowing for inaccuracies and room for disputes, the judge will quickly satisfy these requirements or refuse to fulfill them, rather than determine what the spouses should do.
- Prepare all the documents in advance; if the package of papers is incomplete, the court will refuse to accept the claim - this increases the term of the divorce.
- Spouses are advised to reach an agreement on all points in which disputes may arise before the trial. Each objection of the parties to the demands put forward increases the total period of proceedings and divorce.
Careful preparation for the divorce procedure and the ability to find a compromise will help to significantly reduce the time required for divorce.
What makes a couple decide to divorce is the realization that further cohabitation is impossible. If the family has minor child(several children), I want to carry out the divorce process as painlessly as possible. How long a divorce lasts if there is a child is what worries divorcing parents.
The procedure for conducting divorce proceedings is clearly stated in the Family Code of the Russian Federation. There are two possible ways to dissolve a marriage: in the registry office or in court. Let's consider which one is more acceptable.
Conflict-free option
The fastest way is to divorce through the registry office - the whole procedure takes 30 days. The Family Code of the Russian Federation clearly states that this can be done by spouses who do not have common minor children with mutual consent to divorce (Article 19, paragraph 1).
If there are minor children in the marriage, but they are not common (for example, from a previous marriage), the divorce may take place in month period. Divorce in shortest time having common children, you can if:
- one of the parents is considered missing,
- one of the parents was incapacitated,
- one of the parents was sentenced to imprisonment for a term of over three years for committing a crime (Article 19, paragraph 2).
The following documents must be submitted to the registry office:
- statements from each spouse (or a statement with a signature certified by a notary),
- copies of passports,
- original marriage certificate,
- receipt of payment of state fees for divorce.
If there is no agreement between the divorcing spouses on issues of further residence and maintenance of a minor child, all controversial issues are referred to the court for consideration (Article 20).
Uncompromising divorce
If the spouses cannot agree with each other on the terms of divorce, then they will have to get a divorce through the court. It is advisable to do this in case of disagreement with the divorce of one spouse or his failure to appear at the registry office (Article 21). Divorce issues are dealt with by the world or district court ya.
Where to apply depends on the existence of disputes regarding minor children and the amount of the claim.
After going to court, such a couple will be offered to go through a reconciliation period. The period for reconciliation extends to three months. The period is long enough. This was done for a reason: in three months you can radically change your position. Many couples decide to start living together again. Such attempts are not uncommon. If a couple has no desire and no opportunity to reconcile, then the period of reconciliation does not matter - the marriage will break up anyway. The court will continue the divorce proceedings only after the end of the probationary period (Article 22).
The time for reconciliation may be reduced in the presence of certain life circumstances. There are several of them:
- long-term separation of spouses,
- cohabitation of one of the spouses with a third party for the purpose of creating a new family,
- pregnancy of the wife from another man with whom they are planning to form a new marriage.
One of the spouses may deliberately delay the divorce process by not appearing at the court hearing. This development option extends the time frame, but the situation cannot last indefinitely.
Failure to appear at a court hearing results in the court making a decision without the presence of one of the spouses at the hearing.
Counting it all possible timing, you can find out that the divorce process in court can last three to four months (maybe a little more). Only spouses who decide to divorce can achieve a reduction in the term. How to achieve this?
Reducing divorce time
The mutual desire of the spouses to compromise plays a big role in speeding up the divorce process, even if there are minor children. If the plaintiff’s demands are fully accepted by the defendant, then the court can make a decision at the first meeting. After the end of the month from the date of filing the claim for divorce, the court satisfies the claim of the plaintiff (Article 23, paragraph 2). But to obtain such a court decision, the spouses need to reach an agreement about their children and submit it to the court for consideration.
Points of the agreement that the court pays attention to:
- with which parent will the minor children live,
- on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse,
- on the amount of these funds or on the division of the common property of the spouses (Article 24, paragraph 1).
If agreement between the spouses is not reached, the court takes upon itself to resolve these issues. Then the terms of the divorce will not be reduced.
The main thing that the court relies on when considering the future fate of minor children is the protection of the rights of a particular child.
The Constitution of the Russian Federation (Article 38, paragraph 1) states that motherhood, childhood, and the family are under the protection of the state.
Video
In this video, a lawyer answers a woman’s questions about the timing of divorce.
Divorce or dissolution of marriage can be formalized in court or at the registry office.
The most detailed information on divorce. After reading this article, in 99% of cases you will be able to divorce yourself, without the help of lawyers. Find out everything about divorce, in which cases you can dissolve a marriage in the registry office, and when you need to go to court, how a divorce occurs in the magistrate's court. A lawyer is ready to answer any questions regarding divorce. We provide divorce consultations free of charge.
Download document forms and sample applications, examples of court decisions on divorce. After studying the material presented, you yourself will become experts in divorce and will even be able to give advice to your friends and acquaintances.
What is divorce of spouses
Official divorce is the dissolution of a marriage between spouses. It is not enough to simply move to different apartments, stop communicating and run a joint household. Divorce means that it occurs in in the prescribed manner, with the receipt of official documents confirming that the marriage has been terminated.
Only those spouses who entered into it through the registry office can dissolve a marriage. The word divorce in family law not used, is colloquial. It is correct to say, and even more so to write in official documents, divorce.
You can end a marriage not only by dissolution; the marriage ends in the event of the death of the spouse, and in some cases it is possible.
Procedure for divorce in 2019
To dissolve a marriage, the desire of one of the spouses is sufficient. If a husband or wife wants to divorce, the marriage will be dissolved in any case. Nothing depends on the wishes of the other spouse, but he may delay the time of the official divorce.
An exception to this rule is during the wife's pregnancy and the period of one year from the birth of a joint child. At this time, the husband does not have the right to apply to the court for divorce. He can do this only with the consent of his wife. Moreover, if the child was stillborn or died after birth, the husband will still have to wait one year.
The marriage is dissolved either through the registry office or in court. The choice of method of divorce depends on the presence of children and the wishes of the spouses. When dissolving a marriage in court, after the decision has entered into legal force, you still need to apply to the registry office for a certificate of divorce. The general rule for divorce is that it is formalized no earlier than 1 month from the date of application.
Similarly, divorce occurs when one spouse, with mutual agreement to divorce, is not able to come to the registry office. In this case, he draws up a notarized consent for divorce. If the spouse is in custody or serving a sentence in prison, his application can be certified by the head of the institution.
Recently, you can submit an application for termination of marriage through a multifunctional center for state and municipal services or through a single portal of state services.
Divorce in the registry office at the request of one spouse
In certain circumstances, it is possible to dissolve a marriage through the civil registry office without asking the opinion of the second spouse, upon the application of one of them. These cases are strictly defined by the Family Code of the Russian Federation, we list them:
- if one of the spouses is sentenced to imprisonment for committing a crime for a term of more than 3 years. In this case, a copy of the court verdict that has entered into legal force is attached to the application to the registry office.
- if the second spouse is declared incompetent by the court. A copy of the court decision declaring the citizen incompetent is attached to the application. For information on the procedure and conditions for declaring a citizen incompetent, see: .
- if the other spouse is declared missing. A copy of the court decision is also attached to such an application to the state registration authorities, for more details: .
Divorce in court in 2019
Grounds for divorce through court
Registration of divorce through the court will be required if there is no possibility and grounds for divorce in the registry office. The process of divorce will be longer; it will be necessary to file an application for divorce, collect additional documents, the judge may extend the trial to reconcile the husband and wife.
In court, divorce occurs if there are common children under 18 years of age, if one of the spouses objects to the divorce or if he evades appearing at the registry office. During the consideration of claims for divorce in court, it is possible to declare the determination of the place of residence and the order of raising children, the division of jointly acquired property, the collection of alimony for children and spousal maintenance, and other disputes arising from family relations. However, it is better to do this independently.
By general rules requirements for divorce relate to, if there are additional requirements, the case may become subject to the jurisdiction of the district (city) court.
As for territorial jurisdiction, in the general case () claims for divorce are filed at the place of residence of the defendant. There are exceptions to this rule; if there are children or for health reasons, the plaintiff can file a claim at his place of residence ().
The procedure for divorce through court
Let us consider in more detail the procedure for divorce of spouses through a magistrate judge, if only a demand for divorce is submitted to the court. If there are other requirements combined into one proceeding, the case may be considered in more late dates and with a large number of court hearings.
After submitting the claim to the magistrate or district court, you must wait for notification of the time and place of the trial. Typically, such a notice arrives 10-14 days after the claim is filed. If the notice is not received, you should call the court and find out the reasons; it may be abandoned. As a rule, if everything is in order with the application, the court assigns such cases immediately to trial, 1 month after receipt of the application to the court.
You can come to the court hearing in person or ask to consider the case in your absence. The defendant can file a lawsuit or sue.
First of all, the court finds out whether the defendant agrees to divorce. If there is consent, the marriage is dissolved without further clarification of the motives and grounds for divorce. If the defendant does not agree to divorce, the judge finds out the reasons for going to court, the possibility of preserving family relationships, and then gives a period for reconciliation. In this case, the court hearing is postponed for up to 3 months. At the next court hearing, if the plaintiff does not file, the marriage is dissolved.
A court decision on divorce comes into force 1 month after it is made. If filed, the decision will come into force after the case is considered by the appellate court.
On the day the court decision comes into force, the marriage will be considered dissolved. You must contact the civil registry office with a copy of the decision, which will issue a certificate of divorce. A divorce certificate is a document confirming the dissolution of a marriage.
Thus, if a marriage is dissolved through the court, the divorce will be formalized no earlier than 2 months, and may drag on for 5-6 months if there is resistance from the second spouse.
| A marriage can be dissolved through the court no earlier than 2 months in advance. |
Divorce through court with children, procedure for divorce
The procedure for dissolving a marriage through the court in the presence of children does not differ from the usual one. At the same time, in addition, the application for divorce can include demands for the collection of alimony, for determining the place of residence of children and for participation in their upbringing. However, we recommend not to do this; it is much more practical and faster to resolve these issues separately.
Divorce through the court, even with children, is considered by a magistrate, who also considers claims for alimony. Family disputes involving children are heard only by the district court. Therefore, you can submit separate applications to different places. When filing a divorce through the court with children, the court can also give time for reconciliation by postponing the court hearing for 3 months, during which time other claims will not be considered.
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Family Code of the Russian Federation on divorce
Chapter 4 of the Family Code of the Russian Federation. End of marriage
Article 16 of the RF IC. Grounds for ending a marriage
1. A marriage is terminated due to death or due to the court declaring one of the spouses dead.
2. A marriage may be terminated by dissolution upon the application of one or both spouses, as well as upon the application of the guardian of the spouse recognized by the court as incompetent.
Article 17 of the RF IC. Limitation of the husband’s right to file a claim for divorce
The husband does not have the right to initiate proceedings for divorce without the consent of his wife during his wife’s pregnancy and within a year after the birth of the child.
Article 18 of the RF IC. Procedure for divorce
Divorce is carried out in the registration authorities civil status, and in cases provided for in Articles 21 - 23 of this Code, in court.
Article 19 of the RF IC. Divorce in the civil registry office
1. If there is mutual agreement to dissolve the marriage of spouses who do not have common minor children, the dissolution of the marriage is carried out in the civil registry office.
2. Divorce at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out at the civil registry office, if the other spouse:
declared missing by the court;
declared incompetent by the court;
convicted of committing a crime to imprisonment for a term of over three years.
3. Divorce and the issuance of a certificate of divorce are carried out by the civil registry office after a month has passed from the date of filing the application for divorce.
4. State registration of divorce is carried out by the civil registry office in the manner established for state registration of civil status acts.
Article 20 of the RF IC. Consideration of disputes arising between spouses upon divorce in the civil registry office
Disputes about the division of the common property of the spouses, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is declared incompetent by the court or sentenced to imprisonment for a term of over three years for committing a crime (clause 2 of Article 19 of this Code), are considered in court, regardless of divorce, by the civil registry office.
Article 21 of the RF IC. Divorce in court
1. Divorce of a marriage is carried out in court if the spouses have common minor children, with the exception of the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.
2. Divorce is also carried out in court in cases where one of the spouses, despite his lack of objections, evades divorce from the civil registry office (refuses to submit an application, does not want to appear for state registration of divorce, etc.) .
Article 22 of the RF IC. Divorce in court in the absence of consent of one of the spouses to divorce
1. Divorce in court is carried out if the court determines that further living together spouses and family preservation are impossible.
2. When considering a case of divorce in the absence of the consent of one of the spouses to dissolve the marriage, the court has the right to take measures to reconcile the spouses and has the right to postpone the hearing of the case, assigning the spouses a period for reconciliation within three months.
Divorce is carried out if measures to reconcile the spouses are unsuccessful and the spouses (one of them) insist on dissolution of the marriage.
Article 23 of the RF IC. Divorce in court with mutual consent of the spouses to dissolve the marriage
1. If there is mutual consent to dissolve the marriage of spouses who have common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the reasons for the divorce. Spouses have the right to submit to the court an agreement on children, provided for in paragraph 1 of Article 24 of this Code. In the absence of such an agreement or if the agreement violates the interests of children, the court takes measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.
2. Divorce of marriage is carried out by the court no earlier than the expiration of a month from the date the spouses filed an application for divorce.
Article 24 of the RF IC. Issues resolved by the court when making a decision on divorce
1. In the event of a judicial dissolution of a marriage, the spouses may submit for consideration by the court an agreement on which of them will live with minor children, on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of common property. spouses' property.
2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, as well as if it is established that this agreement violates the interests of the children or one of the spouses, the court is obliged:
determine which parent the minor children will live with after the divorce;
determine from which parent and in what amount alimony for their children is collected;
at the request of the spouses (one of them), to divide the property in their joint ownership;
at the request of the spouse entitled to receive maintenance from the other spouse, determine the amount of this maintenance.
3. If the division of property affects the interests of third parties, the court has the right to separate the requirement for division of property into separate proceedings.
Article 25 of the RF IC. The moment of termination of marriage upon its dissolution
1. A marriage dissolved by the civil registry office shall be terminated from the date of state registration of the dissolution of the marriage in the civil registration book, and in the case of a divorce in court - from the day the court decision enters into legal force.
2. Divorce in court is subject to state registration in the manner established for state registration of civil status acts.
The court is obliged, within three days from the date of entry into legal force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of the marriage.
Spouses do not have the right to enter into a new marriage until they receive a certificate of divorce from the civil registry office at the place of residence of either of them.
Article 26 of the RF IC. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing
1. In the event of the appearance of a spouse declared dead by the court or recognized by the court as missing, and the corresponding court decisions are canceled, the marriage may be restored by the civil registry office according to joint statement spouses.
2. The marriage cannot be restored if the other spouse has entered into a new marriage.
Answers to the most frequently asked questions about divorce
I want to divorce my husband, he is against it. Which article should I refer to? He cheated on me.
Submit an application for divorce to the court according to our sample. You need to refer to Articles 21 and 23 of the Family Code of the Russian Federation.
Is it possible for a spouse to file an application for divorce in the registry office of the city of Moscow if the marriage was registered in the registry office of the city of St. Petersburg? Registration of the spouse in St. Petersburg, registration of the wife in the city of Moscow.
According to Article 32 Federal Law“On acts of civil status”, a spouse can submit an application for divorce to the registry office at the place of residence of one of the spouses or at the place of state registration of the marriage. In your case, this means that you can submit an application to the registry office at the place of registration of either spouse, including in Moscow. If there is mutual consent of the spouses for divorce and there are no minor children together.
My husband filed for divorce. If I don’t go to court, how long will it take for us to be divorced? I want to delay the divorce.
Typically, a court hearing in such cases is scheduled a month after the filing of the statement of claim. If you want to delay the divorce, you need to come to court and declare that saving the family is still possible, ask for the maximum possible time for reconciliation. If you are convincing, the magistrate will give time for reconciliation a maximum of 3 months. Justify your position with the desire to save the family. If you don’t want to go to court, you can write a statement in which you state in writing your request for time for reconciliation.
How can I apply for divorce if my husband is in another city and cannot be present in person?
The husband's personal presence in court is not required. After filing a statement of claim, the court notifies the defendant of the time and place of the hearing, but his appearance is not required. He can write that if there is no such statement, the court will make a decision in absentia on the case. Please note in what cases you can file a claim for divorce at your place of residence.
My husband and I have lived together for almost two years, we have a 1.7 month old child. I want to get a divorce. Registered in different cities. Where should I apply? And I don't know where he is now. What should I do?
You can file a claim with the magistrate at your place of residence, indicating your husband’s last known address.
I want to divorce my husband, but we have Small child(2 months). Can I do this without his consent or wait until the child grows up?
The law does not establish restrictions on divorce for women. The fact that you have a small child sets a restriction on divorce for your husband, but not for you.
My wife and I decided to get a divorce and she is due to give birth in 2 weeks. Is divorce even possible?
In your case, you must take into account Article 17 of the Family Code of the Russian Federation: The husband does not have the right, without the consent of his wife, to initiate proceedings for divorce during the wife’s pregnancy and within a year after the birth of the child.
Since the divorce will occur no earlier than a month after filing the application, you need to go to court with statement of claim. Divorce is possible if the wife does not object, gives her consent, or she herself submits this application.
