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Divorce through the court: how long does the divorce process last. Divorce process and its consequences

The termination of marriage is a very saturated process of negativity, and everyone who has been in such a situation wants to end the divorce as soon as possible. In view of this, the question “Divorce - how long does it take?” Always remains relevant. However, in Russian law there is no information about the exact date or how many days it will last.

Based on this, the article deals with information that indicates the average period after filing for divorce.

All questions that may arise when reading the article, as well as if your situation is non-standard - you can contact the portal specialists.

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Divorce through the registry office is the easiest option, because. the couple knows exactly how long they will divorce her. This is due to the fact that when submitting an application, the employees of the institution immediately set the date and day when it is necessary to come to get a divorce - after 30 days. If within the allotted time the spouses do not change their mind, then, having come to the organization, the employees divorce them.

Thus, this procedure takes 1 month, i.е. if the question is about how long to wait for a divorce, if there is no child and property conflict, then this answer is for your situation.

However, there are two nuances that can affect the increase in the period. For example, the countdown date will be the day when the couple submits documents on time:

the requirement to terminate the marriage bond;
additional documentation, incl. original payment of state duty.

If the documents were filled out incorrectly, then the couple is given additional time to eliminate the shortcomings, and this period is not included in the specified time. Also, if the allotted day falls on a holiday or weekend, then you need to appear on the next business day. It is forbidden by law to divorce a husband and wife before the agreed date.

In the absence of a married couple at the appointed time and if there is a desire to end the relationship, you will need to go through the procedure again. In this case, the state fee is not refundable. However, if there is a valid reason, for example, illness, the date of the divorce process is postponed for another 30 days.

Divorce proceedings through the courts

Speaking about divorce through the courts, with the question of how long a divorce lasts, not everything is so simple. The Legislation states that the period in which the application is considered is similar to that through the registry office. Thus, the first hearing of the case is scheduled after 30 days from the date of filing the application, because. time is given for reconciliation.

If a married couple comes with a settlement agreement, which spells out the conditions for the further upbringing and maintenance of children and there is no conflict over the division of common property, then the court has the right to satisfy the filed claim immediately.

If there is a common child and the issue of his upbringing, living and maintenance has not been resolved, then it is rather difficult to answer specifically how long the final decision will take. However, statistics indicate that the termination of a marriage through the judiciary can take from 3 to 9 months. Cases have been recorded in judicial practice when the dissolution of the union took several years. The same trend can be traced in property conflicts during divorce.

Another common situation should be noted - one side of the couple does not agree to a divorce. Under this circumstance, the court gives an additional period, but not more than three months, in order for the couple to come to a unanimous agreement. Complicating the procedure can be ignoring one of the spouses of court hearings.

Thus, the divorce process can take up to six weeks on average. At the same time, a representative of the judiciary has the right to postpone the adoption of a decision not in a month, but in two.

Many factors influence this decision.

How to reduce the period of divorce?

It is possible to reduce the term of the procedure for terminating relations, but not through the registry office. But it is possible to influence the period of the trial. To do this, follow the instructions below:

Get a free consultation from the lawyers of our portal. Competent employees will assist in drawing up a claim, petition, statements, as well as a settlement agreement. Indeed, during the trial, no one will tell the couple how best to breed them. The decision of the court will be yes or no.
The divorcing person must collect as much divorce documentation as possible. If there are not enough documents, the meeting will be postponed for at least 1 month, maximum for 3.
Make every effort to pre-trial resolution of all conflicts, as each objection of the parties requires the collection of an evidence base and, accordingly, will entail an increase in the divorce period.

By the way, Russian legislation regarding divorce is very soft. For example, in Italy, the duration of the divorce process can be delayed for five years, at least.

Factors affecting the duration of a divorce

There are several other situations that affect the timing of the case. Often there is a situation in which one side of the marriage deliberately prolongs the procedure, avoiding appearing in court. The reasons why this happens, let's leave it to the personal discretion of people, because. there may be many of them. But if the defendant's party does not come to the meeting three times, then the judgment will be issued despite the absence. However, not every judge goes for it. This is due to the fact that then the decision can be appealed. It is also impossible to make a decision if there is a good reason:

protracted illness;
caring for a small child;
business trip, etc.

There is another factor - an error in the work of judicial officers. For example, an incorrectly appointed decision, an application was accepted without reason, a personal interest. In view of this, lawyers advise, at the moment when it is decided to file for divorce in court, to monitor and control the progress of the case.

Limitation of actions

Statistics - the lady is relentless and indicates that the main reason for the protracted process is the dispute over the division of property. In this case, there is a statute of limitations. In the IC of Russia, in Article No. 38, Clause 7 and in Article No. 196 of the Civil Code of the Russian Federation, it is regulated that in case of a claim for the division of joint property, the limitation period is 3 years. Simply put, the divorce has passed, there are no bonds, however, within three years after the issuance of the certificate, one of the parties has the right to raise a property issue.

How long can such a process take if the issue with the children is settled, but not with the property? In this situation, a minimum period of 1 month should be given. and 10 days. Maximum no more than 4 months and 10 days. Of these, 1 month. a claim must be considered, the remaining three are required for meetings and a decision. And ten days are needed for the entry into force of a legal decision.

The term of divorce is established by the norms of the current legislation of the Russian Federation and depends on certain grounds. A marriage is dissolved through a court or through the registry office. In these cases, the timing is different.

There are several factors: the presence of the consent of the second half, whether there are minor children, the fact that the spouse is on maternity leave.

For families that do not have joint children, or they have already reached the age of majority, divorce is processed faster. Divorce, on the basis of the procedural procedure, lasts one month. Calculation of terms occurs from the moment of submission of the required package of documents.

What are the deadlines for divorce?

If you have decided to formalize the legally correct termination of marriage, our lawyers will help you sort out the issues of the deadlines established by law. An accelerated divorce takes a month. In the case of litigation, the process takes more than two months. The terms of divorce in court are long due to the identification of controversial issues, the initiation of the court to reconcile the spouses.

Termination of marital life in fact does not affect joint rights and obligations until an official document on the termination of marriage is received.

How long does a divorce take without a trial?

Divorce documents can be filed without a trial. And not only in the absence of mutual desire to continue family life.

Divorce through the registry office occurs when:

There are no common children in the family who have not reached the age of 18 at the time of application;
A family member does not make itself felt for a long time, and is recognized as missing in court;
There is an official court decision on incapacity.

The fact that a person is declared incompetent or missing affects the course of family relationships. This also applies to the deprivation of a spouse's liberty. If there are these grounds, registration through the registry office of the termination of marriage occurs if there are small children.

The divorce procedure and the issuance of a divorce document takes place a month after the application is submitted by the interested party. The procedure in the registry office is carried out in accordance with the procedure established by the Federal Law. Information about the termination of marriage is entered into the register.

How long does a divorce through court take?

The procedural legislation establishes that the maximum term for resolving a case in court is three months. In practice, how long the consideration of the case will take depends on the workload of the court and the judge to whom the case was assigned. For example, a judge's vacation or sick leave slows down the pace of resolving a family issue. The same applies to the failure to appear at the hearing of the other party in the case.

If there are small children, the court takes steps to reunite the family, allowing time for reconciliation. At the heart of state policy is the preservation of the institution of the family.

The question of who the children will remain with after the parents divorce is decided by the court, taking into account the interests of the child. When children under the age of 18 are born in a marriage, the divorce takes place in court. Also, if the other party disagrees, terminate the joint family life.

The solution of the issue can be accelerated when the parties reach an agreement with whom the minor child will live. The schedule of visits with children is established through the guardianship authorities, or in court.

Terms of consideration of cases on dissolution of marriage

Stages of registration of the divorce process and how long the divorce lasts:

Drawing up a claim in court (from 5 to 10 days).
Payment of legal costs - the time spent on this step directly depends on the applicant himself.
Submission of documents.

The presence or absence of jointly acquired property is not a factor slowing down the process of divorce. Divorce by court terminates the existence of the family and the mutual rights and obligations of the spouses. A division of property may be the subject of a separate claim.

After the documents were properly drawn up and filed, the court set a deadline for opening proceedings in the case - 10 days. After that, the time and date of the hearing is set.

At the request of the parties, the terms of consideration are extended by no more than 3 months, if there are legal grounds for this. For example, conducting an examination, a long business trip, conciliatory measures.

In each case, the court, after examining the circumstances of the case, decides how long the couple needs to reconcile. And is it needed at all. And only after making sure that the family life together is impossible, and the marriage is contrary to the interests of the plaintiff, the court makes a decision to dissolve the marriage.

The party to the process has the right to appeal the decisions and rulings of the court to higher instances. When a party to a lawsuit does not agree with the decision, the law provides a ten-day time limit for appeal. How long a divorce lasts when there is no consent of the second party depends on the speed of consideration of complaints in the appellate and cassation instances. The process takes up to 6 months.

Divorce proceedings are the procedure for terminating the official union of a married couple. It is produced both in the registry office and in court. Where the divorce will take place depends on many factors (for example, on the presence of common children).

Divorce at the registry office

For a couple to divorce in the organs, several conditions are necessary:

mutual consent - it is expressed in the submission of a joint written application of the spouses, which indicates the desire to dissolve the marriage;
there are no common children who have not reached the age of majority;
there are no claims regarding the division of property.

In some situations, divorce proceedings can be formalized at the registry office even at the request of one spouse, regardless of whether they have children in common or not. Such cases include:

Divorce in court. First steps

If any disputes arise during the divorce, then this procedure is no longer handled by the registry office. The division of property, the decision of questions about who the children will live with, and the recovery of alimony - all this is within the competence of the court.

To start the divorce proceedings, the spouse who wishes to file an application with the court at the place of registration or residence of the defendant. In exceptional cases (for example, poor health), this procedure may be performed at the place of residence of the complainant.

Data that must be indicated in the application when the divorce proceedings are carried out through the court:

Documents required for divorce

In addition to the application, the following documents must be submitted to the court:

marriage certificate of the spouses;
birth certificate of minor children;
documents or other papers in which the claims of the plaintiff are announced, for example, about;
in case of unwillingness or impossibility of personal participation in the divorce proceedings, a power of attorney for the relevant person is required;
extract from the personal account or house book;
receipt for payment of state duty.

All documents and a statement of the desire to dissolve the marriage must be presented in two copies or their copies. The first copy remains in court, the second is sent to the defendant's address of residence. The date when the divorce proceedings will be held, both spouses are notified by summons.

In some cases, for example, during the wife's pregnancy and a whole year after the baby is born, the husband is prohibited from filing a lawsuit and is not considered by the court.

Divorce procedure

The divorce process through the court, more precisely, its sequence, is determined by the Family Code of the Russian Federation. Consideration of the case takes place, as a rule, through open meetings. But in some cases they can be held in a closed form.

Consideration of the application can be postponed for a certain period, which many call the time of reconciliation of the spouses. Its duration is determined in each individual case individually, but basically it does not exceed 3 months. Spouses can file an application notifying the court of their desire to shorten the reconciliation period. In this case, a good reason must be indicated.

The divorce proceedings in court are terminated if, after the expiration of the established time, the spouses did not appear at the next meeting. Also, the official break is canceled when they reconciled and submitted a statement.

Divorce proceedings: division of property

If, upon dissolution of the family union, the spouses fail to independently agree on who remains this or that property, this issue is dealt with by the court. But it should be noted that not everything acquired in marriage will be joint. For example, property is considered personal when:

it was acquired by one of the spouses before the official registration of the relationship;
it is a personal item (an exception is luxury items and jewelry);
given as a gift or inherited.

The property will be considered personal even if it was acquired during an official marriage, the last few years of which the husband and wife lived separately. In this case, it remains with the spouse who acquired it.

But the jointly acquired property, which, according to the laws of the Russian Federation, is divided between the spouses in equal shares, includes:

any income of husband and wife;
property that was acquired with general funds: this can include housing, cars, securities, etc .;
state payments that do not have a designated purpose (compensation for harm caused to health, material assistance);
any other property acquired during the marriage.

If it is necessary to resolve this issue by the court, a list of everything that the spouses cannot share peacefully must be attached to the divorce application. Along with these papers, it is worth preparing documents confirming the cost of these things, which must be determined in advance by an independent expert.

As mentioned above, the legislation of the Russian Federation provides for an equal division of property between spouses. But under certain circumstances (for example, deprivation of liberty), the share of one of the spouses may increase or decrease.

If it is impossible to divide the property without violating its integrity (car, refrigerator, etc.), a decision is made to transfer it to one of the spouses in its entirety. In this case, the other half will be given the so-called compensation either in the form of cash or in the form of another thing to be divided.

If the spouses have various debts (for example, a loan for a car or other household items) and there is no independent decision on their payment, the court assigns the amount of payments to each of them.

Divorce with children

If a couple who wants to dissolve a marriage has a minor child (or several), and there is no agreement on who he will live with in the future, then the court will have to deal with this issue. This happens, for example, in cases where both parents express a desire to raise children. If the spouses independently agree on the procedure for communicating with the child and the place of his residence, then the court does not interfere in these issues.

It is worth considering that such claims can be filed not only while the divorce proceedings are in progress (in Russia), but also after it.

A parent who, after a divorce, will not live with the child, if the second spouse wishes, must pay alimony. If an appropriate agreement on their payment has not been concluded between the mother and father of the baby, then the court determines the amount. As a rule, it is calculated from the amount of the wages of the alimony. So, for example, if there is one child, a quarter of the official income is charged, two - a third, three or more - 50%.

How long does the divorce process take?

The procedure for terminating official relations is a fairly quick process, but only if the spouses do not have any claims against each other. With mutual agreement regarding the divorce, the court fulfills its obligations within 1-2 months. If the spouses have property or other disagreements, or one party does not want termination, then the divorce process can last more than 3 months.

Divorce date

Officially, spouses are considered free from each other from the moment the divorce is recorded in the registry office (if it was carried out there) or a positive court decision is made. Although in the latter case, all the same, the moment of the official rupture of relations should be registered with the civil registry offices. Formally, while the divorce proceedings are in progress, and there was no official issuance of a certificate of termination of the union, neither party can register a new relationship.

Who can help with a divorce?

The divorce process is a very complex and painstaking business. Especially when it comes to disagreements between spouses. In this case, it is necessary to be guided not only by your emotions, but also by a whole set of laws designed to regulate marital relations. It is very difficult for ignorant people to understand this. Therefore, any of the spouses can seek advice from specialists. For example, these cases are handled by a divorce lawyer or a family lawyer.

If the nature of the relationship of the spouses does not allow the preservation of marital relations, one or both citizens decide to start the divorce procedure. Even at the stage of contacting the authorized bodies, it is necessary to know the main nuances and features of this procedure. In the presented material, you can find out where you need to apply with documents, and how long the divorce process takes.

Length of divorce

The question of the duration of the divorce process does not have an unambiguous answer, since various factors and circumstances may arise in each specific case.

If an application for a divorce is filed with the registry office, then it does not provide for the resolution of disputes about the division of joint property that the partners acquired during their life together. Therefore, the term for divorce through the registry office is clearly regulated by law and cannot last more than one month.

Termination of marital relations under this option is not available to all married couples, but only to those who have no claims regarding common property assets, and there are no common minor children.

The division of common movable and immovable property takes place

The total duration of the judicial divorce proceedings can take from one to four months from the date of filing the application with the court office. Consider the features of the trial of a divorce case, taking into account additional circumstances.

Divorce term

The standard term for the consideration of civil cases in the Magistrates' Courts is one month, however, it may be impossible to meet the specified period of time due to various circumstances. The overall duration of the case is affected by the behavior of the defendant, who may actively object or evade participation in the process, as well as the presence or absence of additional disputes between the spouses.

If one of the parties does not agree

The defendant's disagreement with the demand for termination of marital relations may be expressed in the following ways:

filing oral objections during court hearings;
submission of objections in the form of a written document.

With each of these options, the arguments of the defendant will be recorded in the minutes of the court session, and the judge will be required to indicate them in the final decision.

What can objections do? Since the filing of a lawsuit for the termination of marital relations is a voluntary decision of one of the partners, the court will be obliged to satisfy it. However, the defendant's objections may significantly delay the duration of the case.

This is due to the right of the court to give the parties additional time to try to establish family relations. The duration of the period for reconciliation, which the court can grant, is from one to three months. Thus, the total duration of the trial can be delayed up to four months.

Note!If, after the expiration of the period for reconciliation, the plaintiff insists on a divorce, the court is obliged to satisfy his claim.

If one of the parties refuses

Often, the defendant tries to delay the process by banal failure to appear on court summonses or evasion of receiving them. In this case, the consideration of the case may indeed be delayed, but the court has the necessary powers to ensure that this delay is minimal.

When trying to delay the process in these ways, the following circumstances must be taken into account:

in case of failure to appear in court without good reason, the court has the full right to consider the case without the participation of the defendant, if he was served with a notice of the time and date of the meeting;
if the defendant does not receive notice, or his whereabouts are unknown, the court may issue a judgment in absentia without the participation of the other party.

Thus, this variant of the defendant's behavior will delay the consideration of the case for no more than a couple of weeks.

If there are disputes between spouses

Simultaneously with the requirement for dissolution of marital relations, the following disputes between spouses may be considered within the framework of one court case:

on the division of joint property assets;
on the establishment of maintenance obligations for the maintenance of common minor children, and in some cases for the spouse;
on determining the place of residence of the child after the termination of family relations.

If the issue of recovery of alimony does not have a significant impact on the duration of the case, then property claims or a dispute about the residence of the child can significantly increase the duration of the process. This is due to the need for additional judicial procedures to resolve these differences.

When determining the place of residence of the child, the bodies of guardianship and guardianship are involved in the case, which must draw up acts of examination of the living conditions of both participants in the dispute. This procedure can take a couple of months. The case under such circumstances will be suspended.

Deadlines for the division of property

Making demands for the division of common property assets can be a serious problem for the completion of the divorce process. To apply one of the options, it is necessary to assess the real value of the property, including objects that are not subject to division in kind.

The price is determined on the basis of a market value report prepared by a professional independent appraiser. It may take a long time to conduct a survey of items and objects subject to division. In addition, the second party, if there are objections about the cost, may challenge the appraiser's report and conduct a re-examination.

With a ready market value report, the court may transfer certain items to one of the spouses with the obligation to pay monetary compensation to the other spouse. Usually in this way the issue of the division of vehicles or real estate is resolved.

In practice, the preparation of the report can take from five days to two months. It is for this period that the duration of the trial will be increased.

Reducing divorce time

When applying to the registry office, the parties will not be able to shorten the divorce procedure, the legislation does not contain grounds even for exceptional cases. During the trial, the reduction of the terms will be possible only with the consent of the defendant to receive a court decision as soon as possible.

Even before filing a lawsuit, the defendant can issue a written consent to divorce, which must be submitted immediately after receiving the documents in court. In this case, the judge will make a decision at the first meeting, which can take place within two weeks after the appeal.

When determining the deadlines for a divorce in court, it must be borne in mind that in order to apply to the registry office, a decision that has entered into force is required. Since the law sets a one-month time limit for an appeal, this period of time must be included in the overall duration of the process.

Mikhailov Valery Vladimirovich

Graduated from the Faculty of Law of St. Petersburg State University in 1998 with a degree in Jurisprudence. 20 years of professional legal experience, including in senior positions. Specializes in issues in the field of housing, civil, contractual, corporate law.

The main value in the life of any person is this is his family. Of course, it's great when the closest person is always there. It's great to have a baby.

But a full-fledged healthy family is a hard-to-reach ideal in our society. Unfortunately, domestic problems, different outlooks on life, fading feelings are serious incentives for divorce. And when the two decide to part, the child rarely becomes a deterrent.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

In what cases should you go to court?

In the registry office, only a childless couple can be divorced, with the mutual desire of both spouses and, accordingly, their simultaneous appearance with the application. If it’s impossible to agree with the hateful half and there is no mutual consent to a divorce, but there is, then the issue can be resolved exclusively in court.

Also, the legislation of the Russian Federation provides for the possibility to apply to the court with a statement at the place of residence of the initiating party in two cases. First, it is not known where the defendant lives. The second is that a child lives with the plaintiff, the issue of whose stay with one of the parents after the divorce is filed will be decided in court.

With whom a child can stay after a divorce, read.

What documents are needed for divorce proceedings?

The following documents are required to apply to the court:

, which indicates the place of residence and other data of both spouses, as well as the reason for the divorce;
marriage document;
birth certificate of the child;
in the event that a claim for the recovery of alimony is filed along with the application for divorce, it is advisable to attach income documents;
a receipt for payment of the state duty (600 rubles in 2016);
if available, notarized consent of the second spouse for divorce.

Photocopies of all submitted documents must be attached to the original statement of claim.

Usually, along with the application for divorce, claim for alimony.

You can download the application form for the recovery of alimony.

How is the trial going?

First accepted in court petition for divorce.

The next date for the hearing is set. How long will the trial take? Expectations can take at least a month. Both spouses receive a paper in advance by mail notifying them of the need to appear and indicate their position on the upcoming act of civil relations.

During the meeting, the reasons for such a decision of the spouses, their personal attitude to this, are clarified. The judge also finds out whether there is a chance to remain intact for this unit of society.

If both agree and there are no disputes regarding the division of jointly acquired property, as well as the place of residence of a minor child, the meeting and, in fact, the divorce process itself are considered completed. A copy of the paper on the court decision is delivered to the registry office within thirty calendar days.

In the event that one of the citizens is categorically, the judge gives them ninety calendar days for reconciliation.

There is no law in force on the territory of the Russian Federation that would force a person to be in a relationship against his good will.

If both people did not come to the meeting, a business terminated and their marriage remains intact.

It is more difficult if one of the spouses did not appear. If the citizen who did not come was duly notified and does not have a good reason for his absence in the courtroom, the divorce can take place without him. Or the meeting will be rescheduled for another day.

The maximum number of meetings allowed is three. The third failure to appear from a divorce will not save and the court will decide in favor of the plaintiff.

How long does the whole procedure take?

At least one month from the date of application and plus another thirty days for the entry into force of the decision.

This is provided that there are no disputes and disagreements between the spouses, everything is mutual and both appeared at the first meeting.

If only one side wants to break the bonds of marriage, freedom will have to wait up to five months. Four of which will take the process and plus pending the entry into force of the decision. Moreover, if the dissenting party did not appear even once in court.

But if at the first meeting the dissenter was present and expressed his attitude, you will have to wait for the coveted stamp in the passport more than six months.

If available, it may take longer from six months to one and a half years.

Is it possible to get a divorce faster?

As quickly as possible, that is, within a couple of months, divorce is possible only with the mutual consent of the spouses. And provided that there are no disputes between them about the place of residence, as well as about the division of property.

An agreement on a child should be drawn up in writing, notarized and submitted to the court when filing a claim.

The legislation of the Russian Federation provides for cases in which the consent of the second spouse is not required at all. Which, of course, will not make the process take longer.

When divorced without the consent of the spouse:

if he is serving a prison sentence of three years or more;
if he disappeared without a trace and was declared dead in a judicial order;
if he is incompetent.

It is impossible to speed up the divorce process. Under the most favorable circumstances, you will have to wait up to a month for the first court session, and after the decision is made, thirty days for its entry into force.

For more information about the terms of divorce, see the video clip:

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