Where to write an application for divorce, and how to dissolve a marriage easier and faster? How to apply for divorce. How long does the divorce process take?

Everyone knows that girls usually want to get married. Much less attention is paid to the fact that they also usually want to get married much more energetically than our sex: out of four divorces, three are initiated by wives. Apparently, it is written in women's nature - to be the initiators of any matrimonial innovations. In this regard, we will be more conservative: we are leaving the state of marriage as slowly and uncertainly as we once said goodbye to single life.

Another thing is more interesting: why do women, in general, endure divorce easier than we do? There are many interesting statistics on this topic: we hold a confident lead in both suicides and depression that occurs after the breakdown of a marriage in almost all countries of the world. Here is what the founder of humanistic psychology, Abraham Maslow, says about this: “A man subconsciously perceives divorce as a loss: the woman that belongs to him is taken away from him. A woman feels divorce as a liberation, even if unwanted.”

And, whatever one may say, in an average divorce, a Russian man always remains a loser.

In 94% of cases, according to Roskomstat, the children remain with the mother, and he pays child support, often without the opportunity to regularly meet with the children.

In the overwhelming majority of cases, jointly acquired property, divided in half during a divorce, was acquired by him.

He will enter new marriage about three years later than his ex-wife.

In two out of three cases, a year after the divorce, he will regret it and think about the possibility of returning his wife.

Just don't get a divorce at all.

Nevertheless, six out of ten marriages break up, and if we take urban residents, then all seven. So it's better to be prepared in advance.

After all, divorce can also be organized perfectly.

Divorce begins with the wedding

The lowest divorce rate is in India. Out of a hundred marriages, only one breaks up there.

May the marriage contract save you!

If you are a wealthy person or are planning to become one, then senior partner of the Lex Collegium, Alexander Zheleznikov, advises you not to neglect the prenuptial agreement, which in the future can greatly brighten up the difficult time of your divorce.

“You need to understand that, unlike the United States, in Russia only the financial and property obligations of the spouses can be included in the marriage contract. That is, you won’t be able to push any “If she cheats on me, then I have the right to kick her out of the house in her slippers.”

But a marriage contract can become a shield for a man in the fight against legislation that is extremely loyal to women. For example, all property acquired during marriage is considered common, but if the contract stipulates that the wife agrees not to make claims on your company or, say, real estate that you acquire during marriage, then it will be difficult for her to challenge her obligation later. You can also include in the marriage contract the amount and form of alimony for future children. After all, do not forget that the standard rate of 25% of income per child is levied regardless of the amount of income and it is very difficult for rich fathers to later prove in court that the child will have to live a couple of million years to wear out all those diapers that can be bought for a quarter of the price. dividends dad received on oil shares.

Nowadays, a lot of wealthy fathers seize children from their mothers not solely for the sake of love for children, but because the child often becomes a lever for squeezing out the father’s business. If in marriage contract If a reasonable amount of payments for the child in the event of a divorce is agreed upon in advance, the court usually approves it.”

Why do people get divorced?

Two years ago, the All-Russian Center for the Study public opinion conducted a survey of the population. The population was asked: “What do you think are the main causes of divorce now?” And the population replied:

We asked family consultant Alexey Sivov, a psychotherapist at the Mind and Feelings counseling center, to comment on these figures. As it turned out, the population is delusional.

“The percentages are not very consistent with reality. Perhaps the only thing that has its place here is alcoholism, which for Russia really is a demographic scourge. “The weakening value of family for the current generation” is not the reason, but rather the background against which events take place. Having affairs on the side is usually not the cause of marriage breakdown, but a symptom. The marriage itself quietly and imperceptibly ends earlier, with complete non-resistance on both sides, and lovers appear on the horizon as a consequence of this sad event. Material problems, paradoxically, more often help spouses unite and learn to cooperate. But “boredom and psychological incompatibility” should be combined into one reason and put in first place, because most often it is the inability and unwillingness to live together that leads two people to break up.”

Check if divorce is threatening your marriage

With the help of Alexey Sivov, we have compiled a list of warning signs that may indicate that your family is at risk of divorce.

One of you has been cheating on your spouse for the past five years, and the other knows about it. Most often, you and your wife talk about children and/or pets. You have sex less than once a week (for couples over 35, less than twice a month). It's been a month or more since you kissed (pecking on the cheek and kissing during sex doesn't count). Both you and your wife have a place to live in the event of a divorce. Sometimes in your home there is what is called in court chronicles “ domestic violence». You rarely smile when looking at each other. You can spend a week on a business trip without missing your wife. You and your wife are non-religious people. You have one child or no children at all. Your youngest child is over seven years old. Basically, you know everything that your wife can say on any occasion, and you can hardly surprise her with anything. Your or her parents are divorced. She doesn’t particularly depend on you financially, and you don’t depend on her either.

“Divorce is generally considered last resort, which should be avoided at all costs, says Alexey Sivov. - But there are situations in which divorce is favorable for both parties. For example, when spouses, having lost the freshness of their feelings, failed to become relatives to each other. When they are not tied down common interests, neither serious obligations nor special mutual affection, then a divorce can make both happier and help them realize themselves more successfully in life. Approximately half of all divorced people do not have serious problems in their relationships - for them the problem is the relationship itself, which they subconsciously evaluate as meaningless and depressing. In such cases, a good family consultant will not try to convince them to keep the family together at all costs, especially if the marriage period is short and the couple has no children. Divorce harmoniously and still remain friends - no less difficult task than saving the marriage."

Nutritional theory

Norms family law We developed them back in the USSR, which is where their percentage link to income comes from. Now, when the upper limit of a Russian’s possible income has flown into space, and the interest rate has remained the same, especially lucky fathers are paying hundreds of thousands of dollars a month on kefir for their heir. There are, however, legal ways to save some money in this matter.

1 You can always file an application with the court with a request to reduce the amount of payments for the child, and if the amount of your contributions exceeds the average salary several times, the judge may meet you halfway. There were precedents.

2 Much more often, the amount of alimony is determined amicably by the former spouses, although amicability is sometimes achieved in a very bloody manner. To reduce the intensity of the bloodiness, you can take advantage of a loophole in the law by informing your spouse that you will pay her monthly only the subsistence minimum, and put the rest of the money into the child’s account, to which he will receive access only after he comes of age. You have this right. Usually, after weighing all the pros and cons, caring mothers agree to be satisfied with smaller amounts.

3 Have more children. If one costs you 25% of your salary, then, having given birth to a hundred offspring, you will pay each only half a percent of income. After all, the maximum amount of alimony that can be recovered from you is 25% for one, 33% for two children and 50% for any number of children over two.

But know that these percentages are calculated from any of your income: bonuses, casino winnings, renting an apartment, income from shares, etc.

It's also worth remembering that ex-wife can receive additional alimony from you and for her own maintenance if she is on maternity leave for up to three years.

Divorce is an ancient thing

Men also sometimes receive alimony during a divorce. One of the largest sums that became known to the press is the million dollars rapper Kevin Federline received from Britney Spears for what he spent on this bad girl best years of his youth and bore her two children.
People who now strap flip-flops to newlyweds' cars usually have no idea why they're doing it. Tales of abandoned wives who wear out seven pairs of iron bast shoes in search of a spouse are generally perceived as nonsense. In fact, old shoes are so attached to wedding procedures for a reason. In the pre-Christian era, the Germans gave shoes to abandoned wives, and a woman could enter into a new marriage only when the soles were worn out (until then, all children born to her were considered her children). ex-husband). And on new wedding the guests were shown these shoes with holes. There is an opinion that it is easiest for Muslims to get divorced. All you have to do is say “Talaq, talaq, talaq!” in front of witnesses, and - oops! - She is no longer your wife. In fact, under Sharia law, divorce is a very expensive pleasure. While children are considered to belong to the father and remain with him for his support, the husband is obliged to give fur to a divorced wife - wedding gift, a kind of dowry. The amount of mehr may vary depending on the country in which the case takes place and the conditions of the given marriage contract, which is practically mandatory in Sharia. But almost always this amount is enough for a woman to live well into old age. All over the world, only Catholics do not recognize divorce at all. All religions allow people to differ good reasons*, but Catholicism looks at marriage as sanctified divine spirit a union that personifies the union of the Church and Christ. But Catholics also get divorced, you say. And you will be wrong. They do not divorce, they simply annul the marriage, which is then officially recognized as never having existed.

* Note Phacochoerus "a Funtik:
« Orthodox Christians, for example, have such reasons for this moment eighteen. Among them are infidelity of one of the spouses, alcoholism, drug addiction, domestic violence, impotence, sex of a husband with the wives of his sons, abortion of a wife without the consent of the husband, refusal to support the wife, unknown absence of one of the spouses and many more interesting things. »

10 rules for a divorcee

1 Do not communicate your desire for a divorce during a quarrel. Even if you really firmly decided on this, there is a risk that the whole process will continue to proceed just as dramatically. However, there is also no need to come out with this rationalization proposal at a time when you are both in good mood. It would be best to choose a moment of quiet and tired indifference to each other.

2 Yes, you can use the good old trick: “Let’s live separately for a couple of weeks and calm down!” A couple of weeks will slowly turn into a couple of months, and there are craftsmen who extend this state to ten or more years - exactly until one of the spouses urgently needs an official divorce in connection with a new marriage. This cunning method, of course, is not suitable for everyone, but for those who are, it is ideal (are we expressing ourselves too confusingly?).

3 Do not have affairs for at least the first two to three months after you have separated in preparation for divorce. And if you do, don’t even think about telling your future ex about it.

4 Little surprise from Russian legislation: if within a year after the divorce your wife became disabled or within five years after that she retired, you will be obliged to support her for life (however, if she marries again, you will be relieved of this obligation). So, no matter how unexpectedly your separation develops, you need to try your best so that she does not become disabled.

5 Many American psychologists assure: during divorces, you should not have sex with the person you are divorcing. These are the alpha and omega of transatlantic divorce aids. But American psychologists are not entirely right. Sometimes sex helps to cope with this difficult period for both. In addition, it leaves the woman with a pleasant conviction that you still love her. It just so happened that the stars of your marriage were aligned in an ominous way, and there’s nothing you can do about it. Staying in this conviction, she will experience a little less desire peck out in court 50% of your liver due to it by law. On the other hand, sex will prevent you from weaning yourself off each other. In general, here you need to look at the circumstances.

The record for the most expensive divorce belongs to Australians: media mogul Rupert Murdoch paid $1.2 billion in 1999 for the pleasure of no longer living with his wife Anna.

6 Demonstrate right away that you are not going to take her children away. Most likely, you won’t succeed, and the more you threaten, the more animal fear of loss the mother will experience and the more fiercely she will defend them from you. If you are lucky enough to be a person of moderate income and the material aspect of child-sharing worries you little, but what is important above all is the opportunity to freely communicate with your children, then the less you insist on your paternal rights, the more of these rights you will ultimately have. Moms who are not afraid of dad whistling their baby in Nicaragua very soon realize how wonderful it is that there is a person nearby who can always send a cute baby without an hourly wage. Among properly divorced parents, the dispute over who the child spends the holidays with is heavily weighted towards “I’ve been sitting with him all last month.”

7 The more lawyers you have, the more professional they are, the bloodier the division of children and property will be. Lawsuits, appeals and statements will multiply, excitement will grow, and one fine moment you will be surprised to realize that for the last six months you have been fighting in the courts, finding out how many days a year your daughter must wear red knitted hat, which yours gave her great-aunt, and which of the city’s seven planetariums do you have the right to take your son to on the third Thursday of the second month of every fifth quarter. Invite a lawyer only if your wife has one of her own. But first, try to dissuade her from this crazy step*.

8 Seeing a marriage counselor during a difficult divorce is as smart as meeting with lawyers. But, unlike a lawyer, a psychologist is interested in making sure both of you are satisfied, so with his help it will be easier for you to resolve issues peacefully.

9 Never tell children nasty things about their mother, no matter how ideal the embodiment of these nasty things she may be. Firstly, this is their mother, and find out in preschool age that you are spawned by a monster is a serious test. Secondly, the judges are very impressed by videos in which children say that, “Daddy said, Mommy is a dirty whore.”

10 Even before official divorce transfer money to your children (either to a special account or transfer by mail) and keep all receipts, including those for the purchase of children’s clothing, textbooks, etc. Otherwise, there is a risk of finding out in court that for the last six months you not only did not raise your children, but also left them to eke out a living.

Family relationships did not work out... The only thing that still forces a man and a woman to stay married is children. For the sake of their children, they postpone the divorce process indefinitely.

But in some cases, parents get a divorce - The best decision for a child. Because life in an atmosphere of quarrels, mutual insults, scandals between father and mother is much worse than living peacefully with one of them.

Let's look at what is necessary, what is required for the procedure for filing a divorce in the presence of minor children, the procedure and process of divorce.

Where to go in case of divorce if there is a child?

The formal procedure for registration and divorce of marriages is carried out by the civil registry office. However, if there are minor children, the application for divorce is filed with the court at the place of residence of one of the spouses.

This creates certain inconvenience for parents and requires the provision additional documents and performing special actions (for example, determining the amount of alimony), and also somewhat delays the divorce process. But legitimate interests minor child will be protected by the court.

Attention! Even if the spouses came to a decision on divorce by mutual consent, reached a compromise regarding the division of property, determined the place of residence of the child - the application for divorce is still filed in court!

True, there is an exception to this rule. Thus, the divorce procedure in the presence of a child is carried out by the registry office if:

• One of the spouses is subject to criminal punishment in the form of imprisonment for a term of more than 3 years;
• One of the spouses is legally declared missing;
• One of the spouses is legally declared incompetent.

What if the child is not common?

There is one more exception to this rule. If the child is not common (has family connection only with one of the spouses), spouses can divorce through the registry office.

For example, if a man and a woman are married and do not have children together, but the woman has minor children from previous marriage, husband and wife can divorce through the registry office (of course, with mutual consent). If a woman’s children are adopted by a man, then although they are not his own children, they become common. In this case, the marriage will be dissolved only through the court.

In the same way, through the court, a husband and wife will have to divorce if they have adopted children who are not their natural children.

Where to file for divorce with children?

You must file a claim in court at the location of the defendant. If the plaintiff cannot come to court due to living with minor children, the application may be filed at his own place of residence. In addition, spouses may agree to submit an application at the place of residence of one of them (the plaintiff).

Which court should I file for divorce with children?

— To the magistrate’s court, if there are no disputes about children.

Apply for divorce in magistrate's Court is possible only if a compromise is reached between the spouses on all “children’s” issues, including the place of residence of the children, the participation of each spouse in the maintenance and upbringing of children.

In order to file a divorce through the magistrate's court if there are minor children, the spouses must draw up a written agreement that will define:

• with whom the children (or each of the children) will live after the divorce;
• in what order will the spouse living separately from the children fulfill his parental rights and responsibilities (communication, education, financial support of children);
• which spouse will be entrusted with alimony obligations, in what amounts child support will be collected.

If the agreement of the spouses does not violate the legal rights of the children, the court will approve it by its decision.

— To the district court if there is a dispute about children.

If the spouses could not come to a common opinion about which of them the children will remain with, how they will raise and provide for the children, they need to contact district court. In this case, when deciding to divorce the spouses, the court will also determine the fate of their children.

Agreement on children in case of divorce. Agreement on child residence during divorce. Sample.

Parents can draw up an agreement in any form, including all the necessary provisions regarding residence, financial support and upbringing of children.

It is important that this document is drawn up by the parents in agreement and sealed with their signatures. If the agreement contains provisions on payment of alimony for minor children, it must be notarized - then it will have the force of an executive document for collection alimony payments, if the terms of the agreement are not met.

The concluded agreement must be filed with the court - either simultaneously with the divorce petition, or during the court hearing. The court will review the agreement and approve it by its decision if it does not contradict the law or infringe on the rights of children and parents.

More details about the procedure for concluding an agreement (with ready-made sample for download) - in the article ““.

Preparation of a statement of claim. Sample.

The statement of claim for divorce must comply with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. In addition, it must indicate information regarding common minor children:

• Name of the court;
• FULL NAME. parties, their place of residence;
• Date of marriage;
• Explanation of the reasons for the impossibility of further living with the spouse;
• Information about the presence of children;
• Description of your (or general) position on the issue of living, raising and maintaining children after divorce;
• Providing arguments and evidence to defend your position;
• The wording of the request to the court, starting with the words “I ask”;
• List of documents;
• Date and signature.

List of documents

The process of divorcing a child involves preparing and submitting additional documents to the court, in addition to the divorce application.

So, if there is mutual consent of the spouses for divorce, the divorce application is accompanied by a document concluded by the parties written contract. This agreement must contain provisions for the division common property, about the amount and procedure for paying alimony, about the child’s place of residence after a divorce.

If the application for divorce is filed by one of the spouses unilaterally, the list of documents includes:

1. A completed divorce application form containing the name judicial section and full name judges, full name the plaintiff and the defendant, the residential addresses of the parties, the requirement to consider the application for divorce, a description of the reasons and circumstances that gave rise to the intention to dissolve the marriage, evidence of its innocence and documents confirming it;
2. Original marriage certificate;
3. Original birth certificate of the child(ren);
4. Extract from the house register - this document confirms the fact that the child lives with the plaintiff and the latter fulfills his parental responsibilities towards the child, which is important for determining the child’s place of residence in the future;
5. Receipt of payment state duty(650 rubles).

The list of documents is submitted by the plaintiff to the court in two copies. A copy of the divorce petition with copies of all documents attached to it is sent to the defendant for review.

State duty

The current fee is 650 rubles.

Divorce procedure. How does divorce happen with children?

By revising statement of claim about divorce, the court establishes:

• whether both spouses want a divorce, or one of them expresses disagreement;
• Is there a possibility of reconciliation between spouses and preservation of the family?

• determines the further place of residence of the children;
• will consider the possibility of dividing children between spouses;
• will establish the procedure for communication between children and their estranged spouse;
• imposes alimony obligations on the estranged spouse.

All this is set out in a court decision, on the basis of which a writ of execution is issued.

Procedure and stages of divorce:

1. Resolving controversial issues greatly delays the divorce process. To speed up the procedure for divorce with children, it is worth filing a divorce claim in the Magistrates' Court , and resolve controversial issues before the divorce (for example, in the form of a written agreement) or after the divorce (in the form of a claim for division of property, collection of alimony).
2. A claim for divorce is filed and registered at the court secretariat, depending on compliance with the requirements of the law - it is rejected or accepted. If the claim is accepted for consideration, the first court hearing will be appointed in 30 days.
3. The first court hearing may become the last if the spouses come to mutual agreement on all issues, including “children’s” issues, by concluding an Agreement. In this case, the court will decide on divorce.
4. Otherwise, another meeting cannot be avoided - in 1-3 months. During this period, the spouses are given the opportunity to reconcile.
5. If a court decision on divorce is made, it comes into force after 1 month. Within 3 days after this, the court sends an extract from court decision at the registry office - to register a divorce;
6. Once the changes have been made to the register books, each spouse will be issued a copy of the Divorce Certificate.

Who will the child live with after the divorce?

The court decision on the place of residence of children is made taking into account such factors as moral qualities, financial well-being And living conditions spouses, the ability to create conditions for children full development, the active participation of spouses in the lives of children, the degree of attachment of children to each of their parents. For example, contrary to the established practice of leaving children to the mother, the court can leave the children to the father, for example, if his wife leads an immoral lifestyle, does not care about the health, development, education of children, has bad habits. When determining the place of residence of a child over 10 years old, his opinion is also taken into account (Article 57 of the RF IC).

Parents have equal rights regarding raising their children. The place of residence of a child with one of the parents established by the court is not an obstacle to active participation another parent in the child's life. According to the law, the estranged parent has the right to be freely seen and communicated with. If the parent with whom the child lives prevents the child from communicating with the other parent, the controversial issue can be resolved through the court.

Rules for divorce in the presence of minor children

As mentioned above, the law provides for measures to protect the interests of minor children when their parents divorce. Therefore, in some cases, the divorce process has specific features.

— Divorce with a child under 1 year old

The husband will receive an unequivocal injunction against divorce throughout the entire period of his wife’s pregnancy and the first year of life. small child if the wife does not consent to divorce. This legislative norm protects the rights of mother and child, gives spouses a chance to preserve their family and raise children together.

— Divorce if there is a child under 3 years old

If there is a small child 1-3 years old in the family, one of the spouses can obtain permission to divorce only on the basis of the written consent of the other spouse. This written agreement required only if the spouse lives with the child and fulfills his parenting in relation to him. Otherwise, written permission for divorce is not required.

If the court grants the application for divorce during this period, the man will be obligated to pay alimony not only for the child, but also for his mother - until the child reaches 3 years of age or the mother is officially employed.

— Divorce with a disabled child

The divorce procedure in the presence of a disabled child is complicated by the need to collect alimony for his maintenance - before and after 18 years of age, including the cost of his treatment and special care, rehabilitation measures, acquisition of necessary equipment.

— Divorce with two or three children

The procedure for a divorce with two, three or more children is almost no different from a divorce with one small child. Parents can also enter into an Agreement on Children or entrust the resolution of “children’s” issues entirely to the court.

If, during the divorce process, parents enter into an Agreement on Children, their agreements regarding place of residence, meetings and communication, and upbringing may concern each child separately.

The law does not prohibit the separation of children over 10 years old between parents, but the court must find out the point of view of each child about his preferred place of residence. After all, children can express opposing desires about which parent to live with.

The court determines the place of residence of each child, taking into account the totality of such circumstances as...

• material and Family status both parents;
• children's age;
• the attachment of each child to his parents;
• relationship between parents and child;
• personal qualities of parents.

By the way, if children live with each of the parents, each of them bears child support obligations - to children living separately from him.

For example, A husband and wife, whose marriage produced three children, are getting divorced. After the divorce, two of them remain with their mother, and one with their father. Child support will be paid as follows: the father will pay child support to two children living with the mother (one-third of his income), and the mother will pay child support to one child living with the father (a quarter of her income).

Time limits for divorce with children through court

How long does the divorce process last if there are small children? Not established by law exact date judicial review of a divorce case.

The first court hearing will take place one month after filing the claim.

Term	Conditions
2 months	So, if the intention of the spouses to dissolve the marriage is mutual, if relatively future fate children there are no disagreements between the spouses, the divorce procedure will take only two months. The court decision is made 1 month after filing the application, and enters into legal force at the end of 1 month for appeal.
3 months	If agreement on divorce has not been reached between the spouses, if the circumstances of the case indicate the possible preservation of the family, the period divorce proceedings may drag on for 3 months, appointed by the court for reconciliation of the parties. After this period is completed, the court makes a decision on divorce, and after 1 month it comes into legal force.
Up to 6 months	The presence of disputes between spouses about the future place of residence and the procedure for raising minor children can delay the divorce process for several more months. IN judicial procedure the following factors will be clarified: the moral character and material capabilities of each of the spouses, the children’s attachment to each of the parents and preferences regarding living with their mother or father. For this purpose, the court may involve witnesses, representatives of guardianship and trusteeship authorities, expert psychologists and teachers.

The result of consideration of a divorce case is a court decision: satisfaction or dissatisfaction of the divorce application, as well as deferment of consideration of the divorce application for certain period(at existing probability reconciliation of the parties).

The court decision comes into force 10 days after it is made.

Moment of divorce

If the spouses do not have children, they are divorced in the registry office, and the date of making changes to the civil registration book is the moment of divorce.

But if spouses have children, they divorce in court. When does the moment of divorce come? Is it really only after making appropriate changes to the registration books at the registry office? No.

According to the law, if a divorce occurs in court, the moment of dissolution of marriage is the moment the court decision enters into legal force. And only after this, within 3 days, the court sends an extract from the decision to the registry office - for the registry office employees to make appropriate changes to the registration books. Although the marriage is considered dissolved, a divorce certificate is issued ex-spouses Later. During this period they have no right to enter into a new marriage.

In addition, the legal consequences of ending a marriage are...

• termination of any legal relationship between spouses, except parental (raising and maintaining common children until adulthood) and property (section joint ownership for 3 years after the divorce);
• no need for consent ex-spouses to carry out transactions. The ownership of the acquired property will no longer be common.

In 2019, the divorce procedure in Russia remains the same. A marriage can be dissolved administratively (through the registry office) or judicially. It is also possible to file for divorce through State Services or MFC (in case of divorce in administrative procedure). To file for divorce you need to comply with everything provided by law procedures.

Grounds and methods of divorce

Current Russian legislation There are two options for divorce: (civil registry authorities, i.e. administratively) and (judicial procedure). Of course, from a legal point of view, the easiest way to separate is by submitting an application to the registry office, but not all divorcing couples have this opportunity - for example, you will have to go to court for a divorce, if the spouses have common minor children, if one of the parties (husband or wife) does not agree to divorce, or if they have disputes about the division of property.

You can contact the civil registry office only if certain conditions are met:

• both spouses submit a joint application, do not object to separation, and also do not have common children who are under 18 years of age;
• Only one spouse files for divorce, while the second one was either sentenced to a long term for a crime (more than 3 years), or was declared incompetent or missing by a judge’s decision.

Writing an application

An application for divorce must be submitted to the registry office, which may be located:

• at the place of residence of both spouses (living together) or at the place of residence of either party;
• at the place of registration marriage union.

The application must include all information about the spouses (names, surnames, addresses, passport details), as well as the grounds for divorce.

Payment of state duty

In a divorce, each party family relations must pay for the government termination service family union. According to the current tax legislation, the amount of this duty is set at 650 rubles for each spouse.

If a marriage is terminated unilaterally on the grounds of incapacity, unknown absence or long-term conviction of one of the spouses, the second spouse pays only 350 rubles. In such a divorce, you need to remember that:

This period is provided so that those divorcing can rethink decision. Only after confirmation of readiness to complete the divorce procedure will the former spouses be issued a divorce certificate.

You can also file an application for divorce at the registry office or.

Divorce in court

Any judicial procedure always provides for certain difficulties and duration of resolution of the case. This is also true for divorce proceedings. You should get a divorce through the court if:

• the husband and wife have common children who have not reached the age of majority;
• spouses cannot independently resolve property disputes;
• one of the spouses does not consent to a peaceful separation or refuses to submit joint statement at the registry office.

Applying to the court begins with filing a statement of claim for divorce, which must be drawn up in accordance with all the rules for its speedy acceptance by the court for consideration.

Which court should I go to?

There is a fee for going to court National tax:

• 600 rubles for a simple divorce;
• up to 60,000 rubles when dividing property (the amount of state duty in this case depends on the price of the claim).

Deadline for reconciliation

The judge, at his own discretion, determines whether it is possible to save the family. If there is even a minimal probability, then he can set a deadline for the husband and wife for reconciliation. Such a period cannot be more than 3 months, but cannot be less than 1 month. In order to reduce the term appointed by the court, the parties have the right to ask the court for this, providing justification for such a reduction.

Court hearing and issues resolved by the court during it

The court hearing is held on a day appointed by the judge. The parties are notified in advance of this date and time of the hearing. The following issues may be resolved by the court:

1. On the collection of child support.
2. About recovery (spouse).

The court's decision

In divorce proceedings, a court decision is one main document, because it is on its basis that the marriage will be declared dissolved. In addition, it is on the basis of the decision of the judicial authority that a certificate of divorce is issued.

The court's decision on divorce entails legal consequences only after it comes into force. To do this, it is necessary for a month to pass after its issuance, allotted for the possibility of appealing it.

Judgment may be appealed to a higher authority. This can be done not only by the plaintiff or defendant, but also by any third party participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of divorce itself, but also how the court divided the jointly acquired property or determined the place of residence of the children.

Certificate of divorce and the possibility of changing the surname

Certificate divorce is issued by the registry office. To receive it, you must submit an extract from the court decision on divorce. An extract (it indicates everything that the civil registry office must take into account when taking actions to issue a certificate) must be issued within 3 days from the date the decision comes into force. If it is difficult or impossible to obtain, then a copy of the court decision is also suitable for presentation. A certificate is issued to each party; to obtain it, you need to pay a state fee in the amount of 650 rubles for each spouse. If it is subsequently lost, it can be restored by paying the state fee again.

After divorce spouses have the right to change their surname. This must be done at the time of registering the divorce with the registry office, that is, when submitting an application for a divorce certificate. Remember that if you change your last name, you will also have to change your passport!

Special cases

When a marriage is dissolved, there may be situations that require separate consideration.

Divorce without the presence of a spouse

Divorce without the presence of one of the parties is possible in the following cases:

• if the spouse is physically unable to be present in court or the registry office;
• if the spouse does not agree to the separation and expresses this by his absence;
• if the spouse is recognized by the court as incompetent, missing, or sentenced to a term of at least 3 years and is in prison.

If one of the spouses cannot be present during the divorce procedure, then he can authorize a proxy to represent his own interests.

The court may also conduct a trial in absentia. In this case, the defendant is informed about the divorce proceedings, and he must inform about the impossibility of attending the meeting and ask to postpone the hearing or consider the case without him, but if he does not take advantage of this right, the court will make a decision in absentia.

If the defendant fails to appear at the hearing three times for reasons that cannot be considered valid, the court at the last hearing makes a decision on divorce.

At mutual consent both the civil registry office employees and the judge can dissolve a marriage in the presence of only one of the parties. It must be remembered that in the absence of mutual consent, a marriage can only be dissolved in court.

Divorce from a foreigner

Terminate marriage with a foreign citizen in Russia is possible both through the registry office and in court.

• Administrative divorce carried out according to the standard procedure for the Russian Federation. It is also possible to dissolve a marriage without the presence of a foreign spouse, but in this case, his or her statement certified by a notary will be required.
• Divorce in court may be accompanied by a number of difficulties in the absence of a foreign spouse in the territory of the Russian Federation. In such a situation, it is possible to dissolve the marriage without the presence of this spouse, but his application will be required, as well as full compliance with his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted spouse

If one of the spouses is sentenced to a term of 3 years or more and is in prison, then the second spouse can divorce him administratively. This procedure is possible even if there are common minor children.

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

Divorce can be by mutual consent of husband and wife or only if one party wishes. The second option is more common. In most cases, the wife files for divorce. The reasons for filing a divorce can be very diverse.

The following situations lead to divorce:

1. Reluctance on one side to continue life together due to disrespectful treatment (beating).
2. If the husband or wife met another person and lost interest in each other.
3. If one party is serving a sentence in prison or is declared incompetent.
4. If there is adultery.

If the consent was mutual, then you will need to write a written statement. This is done according to a special scheme, which is indicated in the form. Similar forms are available in any registry office. If the husband or wife is unable to write a statement due to illness or business trip, then another document is drawn up on his behalf, which must be certified by a notary. A notarized document has legal force. In case of divorce, you must apply at the place of registration or permanent residence.

When the court may not accept a statement of claim

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

The court does not accept the application even in the case where a decision on this issue had already been made, or the case was closed due to the settlement of the conflict between husband and wife. The court's refusal also occurs in the presence of an arbitration court decision on the same issue. Article 135 of the Code of Civil Procedure of the Russian Federation addresses the issues of returning a statement of claim by the court. This occurs for several reasons. Firstly, if the plaintiff is declared incompetent and he cannot carry out similar procedures. Secondly, if the case under consideration is not within the jurisdiction of this court.

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

The question of the future residence of minor children

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

In this situation, the attachment of children to parents, sisters, brothers and other relatives is taken into account. The main criterion is the interests of the child himself. The wishes of the children are also taken into account. The relationship between parents and children is of no small importance.

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

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

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

Thus, divorce is a long process. If both parties agree to divorce, then the procedure takes place as usual, at the registry office. If there are children in the family, the process will be more complicated.

If all documents are missing or if the statement of claim is written incorrectly, the court may deny the plaintiff a divorce. Divorce can also take place unilaterally in the absence of the husband or wife at the meeting.

Of great importance is the fact that the wife or husband may not indicate the reason when filing a statement of claim.

Divorce in court occurs in a number of cases that are strictly stipulated in family law. The marriage union will have to be dissolved in this way if there are common minor children; one of the spouses does not want to get a divorce; unless both parties submit an application to the registry office to annul the marriage.

Features of the procedure

To get a divorce through the court, you first need to submit a properly completed application. After filing, the judge reviews it and sets a date for a hearing to consider the citizen’s application. Each spouse is informed about this using a summons. Typically, a court hearing is scheduled 30 days after filing a divorce petition.

How much does a divorce through court cost in 2018?

A person filing an application for divorce in court must pay a state fee, the amount of which can be found out in court from the secretary. If the spouses do not have common children or property disputes and they agree to divorce, then they divide this amount in half.

The trial can proceed according to three scenarios:

• If both spouses do not come on time, the meeting is closed with the wording that both spouses have changed their minds about getting a divorce.
• If at a meeting on divorce proceedings only one spouse came, then the judge finds out the reasons why he or she did not come. In this case, consideration of the application will be postponed until the reasons for the second party’s failure to appear are clarified. The period for which the case is adjourned is determined by the judge. If the reason for failure to appear in court is objective, it will be taken into account when setting a new term. judicial trial. If the reason for the failure of one of the parties to appear is the reluctance to get a divorce, then the judge gives a period for the parties to reconcile. This usually takes from one to three months. If there is no explanation for the failure to appear, the judge has the right to make his decision on divorce without the other party.
• In the case when both spouses arrive on time and they do not have property disputes or disputes about who the children will live with, then the marriage can be dissolved at the first court hearing. If there is a disagreement between the two parties, a court order for reconciliation may be made. The reconciliation period is three months.

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

• children living with one of the spouses;
• establishing alimony for minor children;
• division of property.

After these points are resolved, the divorce is declared in court. 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. This document is drawn up in two copies.

Sample application

An application for divorce must be filed locally official registration the defendant, at the place of registration of the plaintiff, if the defendant’s place of residence is unknown. You can also apply by location real estate the defendant, at his last place of registration. In addition to the application to the court, you will have to submit some other documents.

According to the current family law In the Russian Federation, both husband and wife can file for divorce. If one of them is incapacitated and has a guardian who is not his spouse, he can file a petition for divorce on his behalf. Also, a claim for divorce 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 without a trace. IN in this case The law gives the prosecutor the right to represent people's interests in court.

Which court should the application be filed in?

Today in Russia there are magistrates' and federal courts. Each of them has the authority to conduct divorce proceedings under certain conditions. A federal judge has great competencies.

If the spouses have no disagreements on any issues, then they can divorce in a magistrates' court. If there are irreconcilable differences, the lawsuit should be filed in front of a federal judge. Disputes about children and property between spouses are heard only in federal courts.

The court terminates official marriage, if it turns out that its existence is impossible. The law does not provide specific reasons for declaring a marriage invalid. Reasons for divorce may include:

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

If your spouse is against it?

In the absence of precisely formulated reasons for the divorce, the court may temporarily postpone the consideration of the case, giving the parties time for reconciliation. The court will not find out the reasons for the divorce only if both spouses agree to divorce. This is stipulated in Article 23 Family Code RF.

If the plaintiff does not explain 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 judicial proceedings are terminated.

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

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

This process can take place either as part of the divorce proceedings or separately from it. Either one or both parties can apply to the court for the division of property and children. A settlement agreement on these issues is also allowed, which can be concluded even before the trial.

Reconciliation of the parties

The party who is the defendant has the right to ask the court to postpone the hearing of the divorce case. The court grants such a request, based on the fact that people may change their minds about getting a divorce during the postponement of the proceedings. Typically, divorce proceedings are delayed for three months.
The plaintiff can withdraw his statement only until the court has left for a meeting. In this case, you can end everything with a settlement agreement and not dissolve the marriage. Refusal of a claim does not deprive the plaintiff of the opportunity to file it again, if during a subsequent cohabitation It will become clear to one of the parties that they can no longer live together.

Also, a divorce case that is being considered in court is terminated if the plaintiff does not come to the court conference after the expiration of the period allocated for reconciliation.

Registration time

Typically, these cases require several hearings to be attended if the defendant refuses to get a divorce. If both parties agree and have no claims against each other, then the divorce is carried out in one court session.

To obtain a documented annulment of marriage, you will need to wait one month and 11 days. This period is fixed by civil procedural standards, formalizing civil status. On average, with the mutual consent of the spouses, a divorce takes from one and a half to three months. If the defendant does not agree with the court's decision, the divorce procedure is delayed even more.

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