4.2. Disputes about the right to a land plot privatized during the marriage, which was in the use of one of the spouses before the marriage. In the period before 1991, when all the land was in state ownership, land plots for individual construction, 13. Divorce of marriage in court Divorce of marriage is carried out in court if the spouses have common minor children or in the absence of the consent of one of the spouses to dissolve the marriage, as well as in cases where one of the spouses, despite

113. Divorce of marriage with foreigners Divorce of marriage between Russian citizens on the territory of the Russian Federation can be carried out through the civil registry office or in court. Through the registry office, the marriage is dissolved if there is mutual consent or after

3.2. Divorce by mutual consent Divorce is carried out in the civil registry office, with mutual consent to the dissolution of the marriage of spouses who do not have common minor children. If there are appropriate grounds, marriages are dissolved

3.4. Divorce if there are children If there is mutual consent to the divorce of spouses who have common minor children, and also if one of the spouses, despite his lack of objections, evades the divorce in the registry office

3.5. Divorce by court in the absence of the consent of one of the spouses to dissolve the marriage. If the court decides that the subsequent life together of the husband and wife and the preservation of the family is impossible, then the divorce is carried out by court. If one of the spouses disagrees

If family life has reached a dead end, and there is no longer the opportunity or desire to maintain the relationship, the question of divorce is raised between the spouses. Now the procedure has been simplified as much as possible, and it is possible to dissolve a marriage relationship in a relatively short time. short terms. If the spouses have reached a mutual agreement, the issue can be resolved without trial. IN different cases the application is submitted either to the magistrate or to the registry office. Let's consider both options in more detail.

The easiest way is divorce through the registry office

First of all, you need to decide where to write. The simplest option is that the spouses agree to a divorce and they do not have minor children under 18 years of age. In this case, divorce is possible without trial: Spouses just need to come and write an application.

Usually a month is allotted for consideration: during this period, the spouses can reconcile with each other and save the family; in this case, it is enough to simply withdraw the application. An application to the registry office for divorce is submitted by standard form No. 8, it does not require specifying the reasons for the divorce. This form requires the following mandatory information:

• The full names of the spouses are indicated, dates of birth and citizenship are entered on the form. At the request of the spouses, nationality can be indicated.
• The passport details of the husband and wife are indicated, and information is also entered into the form.
• It is also necessary to enter the number and other details of the marriage certificate and indicate the surname that the husband and wife will bear after the divorce.
• The wife does not have to return maiden name, it may remain the same. Whatever your feelings towards ex-spouse, you need to consider what needs to be changed full set documents, which will require large time, material and moral costs. In addition, the woman may later marry again, and then the whole procedure will have to be repeated.

There are other options in which a marriage can be dissolved by the registry office, and the wife can do this without the presence of her husband, even if there are minor children in the family. Possible options:

1. The husband was convicted by a court verdict and has been imprisoned for at least three years. In this case, it is enough to attach to the application in Form No. 9 a certificate stating that he is in prison, and it will be considered without his presence.
2. The husband is incompetent due to mental illness, drug addiction or any other reasons. Incapacity must be confirmed by a court verdict; a copy must be attached to the application.
3. The husband has been missing for at least three years, you need to get a document about this from the police.

In all these cases, the application is considered in the same way within a month, after which the marriage will be dissolved without the presence of the second spouse.

It is impossible to challenge the decision subsequently, and even after the husband’s return from prison family relationships will not be reinstated without the consent of the ex-wife.

Divorce through court

If you can’t get a divorce amicably, file an application with the court.

Dissolution of family relations through the registry office is the simplest option for divorce, but it is not always possible. What to do if one of the spouses is not ready to break off the relationship and wants to save the family, or if the parents have minor children? In this case, the case will be considered through the court, and it will be necessary to file.

Do not be afraid of the judicial divorce process: the procedure has long been seriously simplified, so it will not take much time if one of the spouses does not interfere with the divorce. In this case, the spouses will be given the opportunity for reconciliation: the case is postponed for three months, but after the postponement it is also considered in the usual manner.

The statement of claim is filed either in the city court. The first option applies if the spouses do not have property disputes and they were able to independently decide with whom the children will live after the divorce. The application must provide the following information:

• Number judicial section, personal data of the applicant and respondent (second spouse).
• Date of marriage and other information from the certificate.
• Data on the birth of children - information from.
• The period during which the spouses do not live together. As a rule, an application is submitted to the magistrate's court when family relationships have long ceased, and the judge must only legally legitimize that fact.

After submitting the application, it is checked for errors and accepted for production. Then preparations for the court hearing begin: the judge finds out whether the spouses still want to reconcile, and whether there are any sufficient grounds to terminate marital relations. Usually this procedure does not take much time, and the meeting is scheduled fairly quickly.

If the spouses do not object, the marriage is dissolved, and each of them is issued a state certificate. It must be prepaid: it is paid by each spouse separately. If one of the spouses does not agree with by decision, he can try to appeal it to higher authorities. If a property dispute arises, the property will be divided in half: in each special case investigation is underway.

Complex cases of divorce through court

Statement of claim for divorce: sample

The most serious situations are when spouses cannot peacefully agree on the subsequent residence of children with their mother or father, as well as on the payment of alimony or division of property. in this case, it drags on for a long time, and the task of the judicial authorities becomes to clarify all the relationships and living conditions in the family in order to choose the best option for the children.

When drawing up an application and submitting it to the court, it is necessary to indicate the reasons why maintaining family relationships has become impossible. In this case, it is not necessary to describe in detail all the relationships with the disgusted spouse; it is enough to briefly and succinctly name the main reason for the divorce. A few examples:

• The spouses no longer maintain a relationship. In this case, you can specify the date from which ex-husband and wife live separately. This good reason to declare the relationship terminated.
• A conflict arose between the spouses. It is not necessary to describe its essence; it is enough to indicate that conflicting relationships have made family life impossible.
• One of the spouses avoids divorce and does not appear at the registry office. This is the basis for filing a lawsuit, after which the case is heard by a magistrate. If other circumstances are considered sufficient for divorce, the divorce can take place without the husband/wife coming to the meeting.
• The application also indicates additional special requirements. In some cases, the wife has the right to demand more wealthy husband alimony for your maintenance, if there is a good reason. Such a reason can be called severe financial situation, illness, etc.
• If her spouses came to the meeting, then the case will simply be dismissed, and the family relationship will be considered intact. If only one person did not come, then the judge must make sure that the spouse was notified of the meeting and is absent for an unexcused reason. The case can be rescheduled, but if the failure to appear is repeated three times in a row, the process will take place without the participation of the second spouse. Its result will be the recognition of the marriage as dissolved with the provision of a certificate to the spouses.

Entry into force of a court decision

Family disputes can be smoothed out with the help of lawyers

When the family dispute has come to a logical conclusion and the court has made a decision on divorce, it will come into force within 10 days. An exception can only be made for a decision - it is recognized as coming into force immediately, and the bailiffs will be charged with collecting funds from the parent for the maintenance of children or ex-wife.

The resulting court decision must be submitted to the registry office: on its basis, an entry is made in the documents, a divorce mark is put in the passports, and certificates are issued. Family disputes remain one of the most unpleasant: spouses often have to go through many difficult moments during the proceedings, in addition, it is sometimes very difficult to decide which parent will be better for the children.

During the court hearing, reconciliation is possible: if the parties decide to reconcile and save the marriage, no one has the right to interfere with them.

Divorce through the registry office has many advantages: ease of preparing an application and a minimum package of documents for divorce, low cost and no additional expenses, short time consideration of the application and quick divorce.

In addition, the divorce procedure in the registry office does not involve clarifying the circumstances of the failed divorce. family life and the reasons for the breakdown of relationships, does not require the presentation of evidence and listening to the testimony of the parties and witnesses, the collection of numerous certificates and the filing of petitions. How does divorce happen in the registry office? Simple, fast and effective.

Conditions for divorce in the registry office

However, not every marriage can be dissolved in a simplified and expedited manner. Only spouses who have reached a mutual agreement on divorce and who do not have common minor children have the right to divorce through the registry office.

Thus, in order to peacefully, simply and through the registry office, a combination of two mandatory conditions is necessary:

1) Consent of spouses.

First required condition for divorce through the registry office - mutual consent of the spouses. If the husband or wife does not consent to the divorce, the divorce procedure will not take place. After all, getting a divorce, just like getting married, can only be done voluntarily. There is no need to resolve disputes, sort things out, make mutual claims and expose others to judgment intimate parts own life - important condition registration of divorce in the registry office.

The consent of the spouses is expressed in joint statement, which they submit to the registry office.

Why is spousal consent necessary?

For many spouses this is the norm. family law causes confusion and indignation. Why is it possible to divorce through the registry office only by mutual consent? Why does the other spouse have to go to court because of the disagreement of one of the spouses? After all, the court, like the registry office, does not refuse anyone and dissolves marriages at the request of the spouse, even if the second spouse does not agree. What then is the meaning of this condition?

The meaning of this condition lies somewhere in the remnants of Soviet legislation and the justice system, in particular family matters. Once upon a time, the court was entrusted with a great mission - to help preserve families. The extent to which the court accomplished its mission is unknown, since there are no statistics on the number of families saved from divorce thanks to the trial.

Today, as before, the court is entrusted with the same mission. Therefore, judges formally set a deadline for spouses to reconcile, and with a clear conscience, divorce spouses who failed to reconcile.

The question remains open: will the state really not find another way to preserve families other than the judicial divorce process? And isn’t it worth saving the spouses from the long and troublesome legal process of divorce if it is no longer possible to save the family?

2) Absence of common minor children.

If spouses have common minor children, divorce can only be done in court.

If spouses have their own, non-common children (for example, those born in another marriage and not adopted by the second spouse) or adult children (who have reached 18 years of age or have received full legal capacity), divorce proceedings in the registry office are also possible.

Which children are considered common?

At first glance, this question seems simple and understandable. A common child is a child who is descended from both spouses by blood. If a child is descended by blood from only one spouse, it is not considered common. For example, if a wife has a minor child from previous marriage, it is not considered common and the marriage can be dissolved through the registry office.

But it happens that one of the spouses adopts the spouse’s child. In this case, the child becomes common (not by blood, but by documents); therefore, divorce is possible only through the court. In the same way, a divorce will occur through the court if both spouses have adopted a child.

Which children are considered minors?

Another simple question. Everyone knows that adulthood occurs when you reach 18 years of age. But, it turns out, not only at this moment.

There is a concept of emancipation. This is the right of a child who has turned 16 years old to acquire full legal capacity - to acquire the rights and responsibilities of an 18-year-old citizen. Emancipation is possible under certain conditions: getting married and having a child, working employment contract or running a business.

So, if parents have such a minor (under 18 years old), but emancipated child, they can bypass judicial authority and get a divorce through the registry office.

Divorce through the registry office and controversial issues

For a divorce through the registry office, the presence or absence of disputes about jointly acquired property or the maintenance of a disabled spouse does not matter. For solutions controversial issues spouses need to go to court.

Special cases of divorce in the registry office

In addition to the considered scenario, which involves mutual agreement husband and wife for divorce in the absence of children, the law provides for other options. Thus, you can get a divorce through the registry office without the consent of one of the spouses and regardless of the presence of children in the following cases:

1. Incapacity of one of the spouses established by the court. His inability to adequately assess the current circumstances and consciously make decisions is the basis for a unilateral initiative for divorce by the second spouse;
2. Recognizing a spouse as dead or missing. The inability to obtain consent from the spouse for divorce due to the lack of information about his place of residence is also grounds for unilateral divorce;
3. Criminal liability in the form of imprisonment for a term of at least 3 years. Fact real time conviction of a spouse is grounds for divorce without his consent.

How to get a divorce through the registry office?

So, your family circumstances meet the conditions required by law for filing a divorce through the registry office. There is mutual consent, but there are no common minor children. In order to carry out your plans and receive official confirmation of the actual breakdown of the family, you must go through standard procedure divorce through the registry office, consisting of several stages:

• compilation (according to form No. 8, 9, 10);
• payment of state duty according to the registry office details;
• feed ;
• a visit to the registry office to register a divorce - 30 days after filing the application;
• receipt of a divorce certificate by each spouse.

Let's look at each of these stages in more detail.

Application for divorce and other documents

Spouses who have reached mutual agreement to terminate family relations must draw up and file a divorce petition together. The law provides for the possibility of drawing up and submitting separate applications by each of the spouses, as well as filing an application by only one spouse, subject to the notarized signature of the second spouse.

The application for divorce is drawn up in the form prescribed by law (No. 8, 9 or 10) indicating all the necessary data. The divorce application is accompanied by documents established by law, one of which is a receipt for payment of the state duty.

Which registry office can you file for divorce?

A spouse can file an application for divorce:

• in the registry office (at the place of registration of marriage, at the place of registration of both spouses or one of them);
• through the State Services portal;
• V Multifunctional Center public services (MFC - operate under the “My Documents” brand).

Divorce terms through the registry office

Compared to the duration of the judicial process, burdened with clarification of circumstances and reasons, submission of applications and petitions, resolution of disputes, consideration of appeals, the divorce procedure through the registry office is carried out in record time.

So how long does the divorce procedure through the registry office last? Exactly 30 days. This period can neither be shortened nor extended. Its calculation begins on the day after the filing of a joint or unilateral application for divorce, and ends on the day of registration of the divorce deed.

This month's period is given to spouses to think about the possibility of reconciliation and preservation of the family. After all, in marital relations Situations often arise when, under the influence negative emotions(resentment, irritation, anger) a spontaneous and not always justified decision is made to break up. Within a month, spouses may change their minds about divorce and withdraw their application. Unfortunately, in practice this rarely happens.

Note! The procedure for divorce through the registry office is regulated by Article 19 of the Family Code and Chapter IV of the Law “On Civil Status Acts”.

In these legislative acts you will find the rules for divorce through the registry office, including requirements for the form and content of the application for divorce, the procedure for submitting it to the registry office, and, directly, the procedure for divorce.

Unlike the judicial authorities, the civil registry office does not clarify the motives and reasons for the divorce, and does not take measures to reconcile the spouses.

The divorce procedure is quite formal and includes the following steps:

• making an appropriate entry in the civil registration book;
• issuing a divorce certificate to each spouse;
• a note on divorce in the spouses’ passports.

Registration of divorce

On the day the application for divorce is filed, the registry office staff sets a date for registering the divorce. The place of registration of the divorce will be the registry office...

• at the place of marriage registration;
• at the place of residence of both spouses or one of them.

If a divorce petition is filed in unilaterally with an incapacitated or imprisoned spouse, the registry office must notify the incapacitated spouse or the guardian of the incapacitated spouse about this within 1 month. If the incapacitated spouse does not have a guardian, the registry office must notify the guardianship and trusteeship authority. In addition to notification of the received application for divorce, the registry office asks for a response indicating the surname that the spouse will bear after the divorce.

On the specified day of registration of the divorce, at least one of the spouses (or the spouse’s representative by proxy) must appear at the registry office to participate in the procedure for registering the divorce.

If both spouses are unable to appear on the appointed day for valid reasons, the procedure may be rescheduled. The absence of both spouses makes dissolution of the marriage impossible, and the filed application for divorce is rejected. After this, you can submit a new application for divorce - even the next day.

Certificate

A divorce certificate is the main document certifying the fact of divorce between spouses. After registering the divorce, each spouse receives their own copy of the certificate.

The divorce certificate must contain the following information:

• FULL NAME. spouses before and after divorce;
• Passport details of former spouses;
• Date of termination of marriage;
• Date of entry of the divorce, entry number;
• Place of registration of divorce;
• Date of issue of the divorce certificate;
• FULL NAME. persons who have received a divorce certificate.

How much does a divorce through the registry office cost?

If speak about financial side divorce process through the registry office, then most likely, the total amount of expenses of the spouses for filing a divorce will not exceed the amount of the state fee.

So how much will a divorce in the registry office cost for spouses?

The amount and features of payment of state duty are provided for in Tax Code RF (Chapter 25.3). On January 1, 2015, changes regarding the amount of state duty came into force, according to which the following amounts are payable:

1. When spouses jointly submit an application for divorce to the registry office, each of them pays 650 rubles of state duty;
2. The same amount - 650 rubles of state duty - is paid by each spouse for making changes to the civil registration book on the basis accepted by the court decisions to dissolve their marriage;
3. When filing a unilateral application for divorce (in cases where a spouse is declared incompetent, dead or missing, or sentenced to serve a prison sentence), the initiator of the divorce pays a state fee of 350 rubles.

Payment of the state fee is carried out at the bank, strictly according to the details of the civil registry office. The original receipt for payment of the state fee must be attached to the divorce application when filing documents.

Results: how the divorce process works through the registry office

So, the right to divorce through the registry office has been granted...

1. Married couples who have agreed to end their family life if they do not have minor children.
2. Spouses unilaterally, regardless of the consent of the second spouse, if he is recognized by the court...

• incompetent;
• missing or dead;
• sentenced to serve a sentence of imprisonment for 3 years or more for committing a crime.

Since marriages are dissolved through the registry office only in undisputed cases (or by consent married couple, or on the grounds provided for in Article 19 of the Civil Code of the Russian Federation), state intervention in family relations is minimal, the divorce process is a formal procedure.

• First stage - application by a married couple or one of the spouses on whose initiative the marriage is dissolved. The application can be prepared in advance, or you can fill out the forms on the spot. All necessary documents (passport, marriage certificate, in some cases, a court decision or verdict on the basis of which the divorce occurs) must be taken with you.
• The second stage - directly divorce procedure , which occurs 30 days after filing the application. At the appointed time, the married couple (or one spouse) must appear at the registry office. An employee of the civil registry office enters information about the divorce into the civil registration books, makes notes about the divorce in passports, and issues a divorce certificate to the spouses. Prepare " solemn speech» not necessary - you do not have to testify, give arguments, explain the reasons and motives for the divorce, or invite witnesses. Give additional documents(besides those listed above) – you won’t have to either. These are the advantages of dissolving a marriage in the registry office.

If, for good reason, the appearance of a married couple (or at least one spouse) on the appointed day is impossible, the procedure may be postponed. If the spouses did not appear without good reason, the submitted application is canceled, the divorce procedure is not carried out (the paid state fee is not returned), which, however, does not prevent the re-submission of the application.