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Is it possible to get a divorce alone? Administrative and judicial procedure for divorce

One of five married couples Currently there is a divorce in our country. This may be caused for various reasons, including incompatibility of characters, lack of mutual understanding, and many other various reasons that ultimately lead to divorce. In such a situation, the spouses have a question: how to file a divorce through the registry office as painlessly and quickly as possible? The most suitable option for these requirements would be to contact the Act Records Department civil status(MARRIAGE REGISTRY). But it should be understood that divorce through this government agency is not always possible.

Divorce concept

Many people understand what marriage is. It is registered by authorized government agencies a union of the stronger sex and the weaker, based on mutual understanding and love. Divorce, accordingly, is the dissolution of this union or marriage.

Such measures are due to the fact that currently more than eighteen percent of married couples separate without living together for even three years. Many people have several stamps in their passports about marriage and its dissolution; many know how to file a divorce through the registry office. And although ending a union between a man and a woman is not particularly difficult now, requiring both spouses to file for divorce in some cases can save the relationship by giving the spouses additional time to think.

Duration of divorce proceedings in the registry office

Of course, everyone divorcing a marriage is interested in the question of when they will be divorced. The law establishes that no more than thirty days should pass from the moment the application for divorce is filed until the registry office employees must provide a certificate of divorce. It would have been possible to shorten this period, but the legislator decided to make it longer in order to give at least some time to the man and woman to think about their action. It's no secret that quite a large number of Married couples turn to the registry office in emotional excitement, for example after a quarrel. A period of 30 days allows the spouses to cool down and not make rash decisions.

The duration of the divorce process is established by law; it cannot be changed by anyone. If the spouse wishes to increase this period, he will need to go to court. There, the case can take up to several months to be considered. The desire of one spouse is enough. If the other does not agree to this procedure, then the court will still be forced to dissolve the marriage. Although in judicial divorce proceedings There are also some exceptions and nuances.

Practice of divorce proceedings in different regions of Russia

If the spouses decide not to get a divorce during the specified period, then they simply need to no longer come to the registry office for divorce certificates.

The union will be preserved, but the state duty paid by the spouses will not be returned to them. If the couple does not change their decision during this time, then only one spouse can appear to receive a divorce certificate.

But it is advisable to pay special attention to the fact that this practice does not exist in all regions. Russian Federation. In some, in order for the marriage to be saved, after submitting the application, the spouses need to contact the registry office again and withdraw their application. If the spouses do not do this, then after 30 days the marriage is dissolved automatically.

Divorce in the registry office on the grounds provided by law

Divorce in the registry office on any of the previously listed grounds requires the provision additional documents and performing certain actions.

When a family union is dissolved with an incompetent person, the second spouse needs to obtain a conclusion from a psychotherapist. Instead of an incapacitated person, an application for divorce may be filed by his guardian, who is legal representative, a certificate from the registry office may be presented medical institution where the sick spouse is located.

When divorcing a marriage with a person sentenced to imprisonment, it should be taken into account that such a divorce is possible if the term of imprisonment is more than 3 years. This must be certified by a court verdict.

Termination of a marriage due to death will require the presentation of a death certificate of the spouse, and a divorce from a missing spouse will require a certificate from the internal affairs bodies or a corresponding court decision.

Marriage relations, including divorce, in Russia are regulated by the Family Code, as well as other legislative acts.

Family life Things don’t always work out exactly as they seem at the beginning of our journey together. It happens, and often, that it ends in divorce. Usually this happens by mutual consent, but there are also situations when the marriage is terminated at the request of only one of the spouses.

Termination of marriage and the Family Code of the Russian Federation

All issues related to family relationships, including rules for conclusion and termination marital relations, are regulated by the Family Code of Russia (FC RF). If everything is more or less clear with marriage, then its termination may raise certain questions:

is mutual consent required for divorce?
if only one of the spouses filed an application, how the divorce process will proceed;
what to do if your spouse is missing somewhere unknown for a long time;
is it possible to divorce a person without his knowledge;
what documents are needed to file an application for termination of marriage;
where to submit such an application, etc.

Most of the answers are contained in the fourth chapter of the Family Code, but for a person who is not legally savvy, this information may seem incomprehensible and require detailed explanation.

In what cases is it permissible to dissolve a marriage unilaterally, even without the consent of the second spouse?

Art. 19 of the Family Code of Russia directly states that divorce at the request of one spouse is possible, but only upon the occurrence of certain circumstances, which include:

The second spouse is missing. This fact must be established by the court. Therefore, if the spouse has been absent for a long time, there is no information from him, and the search has not brought any results, then you first need to go to court to officially establish this circumstance. Well, after the decision comes into force, you can contact the registry office and file a divorce.
Spouse's incapacity. This means that a person cannot understand the meaning of his actions and control them in connection with mental disorder. Such a circumstance must be established and confirmed by a court decision, since only the court has the right to deprive anyone of legal capacity.
The spouse is found guilty of committing a crime and sentenced to imprisonment. However, this basis gives the right to divorce in unilaterally, only if the sentence is more than three years.

In these cases, you can get a divorce even without the consent of your spouse.

The presence of minor children in common with a divorce cannot in itself become an obstacle to divorce on these grounds. However, the law has established exceptions to this rule, which will be discussed below.

Where to apply for divorce

In Russia, there are two authorities that have the right to terminate a marriage relationship, where applications can be submitted.

They are:

Civil registry office (at the place of residence of the applicant or at the place of state registration marriage).

The registry office may accept such an application from one spouse and dissolve the marriage if the following conditions are met:

there is no dispute between husband and wife about who and in what quantity will receive the property acquired by them over the years of official family life;
the spouses have decided with whom their children will live, where and how often they will be able to see each parent;
there is no unresolved dispute between the spouses regarding payment by one Money(alimony) for the maintenance of another, disabled and needy spouse.

If the husband and wife cannot agree on at least one point, then divorce becomes possible only in judicial procedure.

How to write an application when applying to the registry office

If all the conditions for applying to the registry office are met, then you must submit a corresponding application. It must contain the following information:

The applicant's full name, information about his birth (date and place), as well as citizenship and nationality (the latter is indicated only if desired).
Circumstances that were the basis for the termination of the marriage.
Information about the second spouse: his full name, information about his birth, last known place of residence. In addition, you must additionally indicate in the application:

information about the guardian if the second spouse is declared incompetent;
information about the location of the correctional institution (colony or prison) where the spouse is placed to serve his sentence;
information about the manager of the spouse’s property, if he was declared missing.

Information about the marriage (series and number of the certificate, as well as the date of its issue).
The surname that the applicant wishes to bear after the marriage is dissolved.
Details of the applicant’s identity document (passport series and number, date of issue, etc.).

In addition to the application itself, you will need to have the following with you:

A court decision in relation to the second spouse (on recognition as missing or incompetent) or a sentence according to which the spouse is convicted.
Passport (or other document proving the identity of the applicant).
Receipt for payment of state duty.

Divorce and the issuance of the corresponding certificate occur one month from the day the application was submitted. This period was introduced in order to notify the second spouse that a petition for divorce has been filed, and to find out whether there is a dispute about children, division of property, or the payment of alimony for a disabled spouse.

If the other party confirms that there are no disagreements on these issues, the civil registry office will dissolve the marriage and issue a certificate. Otherwise, the applicant will have to go to court with statement of claim.

Divorce in court at the request of one spouse

If the circumstances are such that the marriage has to be dissolved in court, you must first draw up a statement of claim. It must indicate:

the name of the court to which the plaintiff (i.e., the applicant) is applying;
information about the plaintiff himself: full name, address and telephone number;
information about the defendant (second spouse);
information about the marriage and common children;
circumstances due to which further family life became impossible;
your requirements;
list submitted along with the claim of documents.

The statement of claim must be accompanied by documents that confirm the plaintiff’s position, as well as a receipt for payment of the state fee.

It is impossible to say in advance which documents will be needed; it all depends on the specifics of a particular case. They can be certificates of marriage, birth of children, marriage contract, conclusion of the guardianship authority, medical certificates etc.

It is better to attach copies of documents and bring the originals with you to the hearing so that the court can verify their authenticity.

Statement of claim must be signed by the plaintiff or his representative. A document confirming the latter’s authority must also be attached to the claim (power of attorney).

After the case is considered and the marriage is declared dissolved, the applicant will be able to contact the registry office to register this fact. For this you will need an extract from court decision.

Divorce via the Internet

Today, an application for state registration of divorce can be submitted not only in person, but also sent in the form of an electronic document through a single portal of state and municipal services. In this case, it is signed with a simple electronic signature of the applicant.

In order to take advantage of this opportunity, you must first register on the portal using your passport and SNILS details. After that all that remains is to find the required service

You should take care of scanned copies of documents in advance, as the system will ask you to upload them. You will need:

identification;
Marriage certificate;
judgment(sentence).

How much does divorce cost?

Regardless of the order in which the marriage was dissolved, you must first pay a fee to the state. The amount of the state duty can be found in the second part Tax Code RF, in chapter 25.3.

As of 2018, the state duty for actions related to divorce is set at the following amounts:

Filing a claim – 600 rubles.
Filing a claim for divorce with a simultaneous demand for the division of jointly acquired property – 650 rubles + an amount depending on the value of the disputed property.
State registration of divorce and issuance of a certificate:
- If the application was submitted by one spouse - 350 rubles.
- If the marriage was dissolved in court - 650 rubles from each participant in the process (i.e., both husband and wife).

However, it is possible that other costs will also arise. For example, when dissolving a marriage in court, you may need the help of a qualified lawyer, which is not cheap.

Prohibition on divorce at the request of one of the spouses

Any spouse may exercise his right to dissolve the marriage unilaterally upon application. However, the law provides one exception to this provision. Art. 17 of the Family Code directly states that a husband cannot initiate proceedings for divorce if his wife does not want a divorce and is pregnant (or one year has not yet passed from the date of birth of the child).

But if the wife’s consent to divorce is available, then her pregnancy or the period that has passed after childbirth does not matter.

In cases where a husband or wife does not want to divorce, the most he can achieve is an extension of the time limit for consideration of the case in court. The court may give additional time so that the husband and wife have the opportunity to think it over again. However, if by the next court hearing the initiator of the divorce does not change his mind about getting a divorce, then the court will dissolve it regardless of the wishes of the second spouse.

It’s good if people didn’t have time to acquire real estate and have babies.

Then the divorce procedure will be simple and will not take much time and effort.

It is enough for both parties to come to the registry office, and the registering authority will carry out the procedure.

But when a husband and wife have minor children, they have already made a fortune and are not able to agree on who will be left with what, the procedure can last a very long time. How to properly divorce your wife is of interest to many men.

The best option would be to negotiate peacefully and later life and division of property. To do this, it is recommended to conclude a special agreement certified by a notary. Then the judge will make an appropriate decision based on it.

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Divorce methods

There are only two authorities that can divorce a married couple:

registration authority

At the same time, the second option is not always clear-cut. There are two types of courts: district and world. Where to apply depends on whether there are disputes.

The global executor handles cases without disputes regarding children and property worth less than 50 thousand rubles. In all other situations, the district authority decides.

Couples who have no disputes and are divorced through the registration authority are divorced. But, there are exceptions. The dissolution of the marriage relationship will be carried out by the registering authority even with the presence of offspring, if one spouse:

incapacitated person
is under arrest total term more than three years
missing

Thus, you should choose the authority for divorce depending on each situation individually.

Now you have the opportunity to submit an application to the appropriate authority:

personally
through a proxy
by mail
via the Internet

The applicant, at his own discretion, has the right to choose the option of sending documentation to the required authority. But, if he is not present in person, he will have to certify all documentation. In addition, when filing an application with the court, personal presence is recommended. This will help quickly resolve many issues and reduce the start time of the procedure.

Required Documentation

In case of divorce by mutual consent and in the absence of offspring, the divorce goes through the registry office. This requires documentation:

application of the established form
ID cards
registration certificate
duty payment receipt

When one spouse cannot appear for a divorce, he has the right to write a statement and have it certified by a notary. Then one party will be enough for a divorce.

If the divorce goes through the court, only one party files. The following package of documentation must be attached to it:

identification
Marriage certificate
children's birth certificates
certificate of income if the issue of alimony is being resolved
real estate documents in the event of property disputes
duty payment receipt

Additionally, the judge may request additional documentation at his discretion as questions arise. Even with a divorce through the court, ex-spouses you will have to contact the registry office for a divorce certificate. Then they will need to add a resolution to the above documentation package.

The procedure for divorce through the registry office

The easiest way to divorce is through the registration authority. The conditions for its holding are:

absence of common offspring under eighteen years of age
no disputes about joint property
if there is a mutual desire for divorce
if one of the parties is missing, declared incompetent, or is in prison for more than three years

The divorce procedure itself is carried out at the place of registration of the relationship or at the place of registration of the man and woman.

When all the documentation has been collected, the registration authority specialist accepts it. After thirty days, the former spouses can come for a divorce certificate.

The procedure for divorce through the court

If married couple does not fit the conditions of divorce through the registry office, she is divorced by the court on the basis of an application from one of the spouses. The desire of the other party does not matter here. Sooner or later, the couple will still be divorced, even if one of the spouses is categorically against it.

Lack of desire can only slow down the process. One of the parties has the right to request the possibility of being given time for reconciliation. But it cannot be more than three months. The exception only applies to situations in which a woman is pregnant or has a child under one year of age. In this case, the man has no right to file a claim without her consent.

The divorce procedure through the court can last from one to six months, depending on the situation.

When there is an agreement between the spouses, they will be divorced within a month, at the first court hearing.

But, if there are disputes and proceedings between a man and a woman, the judge will postpone the hearing and even more than once.

He will ask additional documentation to issue the right decision. It can be decided through the court next questions parallel to divorce:

place of residence of offspring
distribution of property rights
establishing the amount of child support, and sometimes also for the mother

The claim for divorce is filed at the place of residence of the defendant. After the final decision has been made and it has entered into force, you can apply to the registry office for a divorce certificate. If the issue of payment was considered, the resolution must be submitted to the bailiffs in order to be able to withhold it. When dividing property, you will have to additionally contact the registration authorities to re-register it.

Quite often, spouses express a desire to divide property during a divorce. It is worth understanding what this includes:

movable and immovable property
debts

If the question arises of how to properly divorce his wife and divide property, a man should learn about the main points that are enshrined in law.

When there is no marriage contract, the property is divided according to the law in equal shares. At the same time, it does not matter who it is recorded on. Main criterion, this is his acquisition during marriage. It doesn’t matter who the child stays with, although greater necessity is taken into account individual items spouse and offspring.

Since using one house, cottage and car after a divorce is difficult, it is better to independently agree on the transfer of ownership in advance.

Property not subject to division:

purchased before marriage
received as a gift

inherited

It is possible to divide property unevenly if the other party is not against such actions. Quite often, a man leaves an apartment to his wife and children as a payment for future alimony.

All credits and loans are also divided equally. If one of the spouses took on all the loans, then the issue of division will be quite complicated. In most cases, the judge invites the party on whom the loans are to pay off the debt, and the other party to file a claim for payment of half the amount.

When there is no agreement between a man and a woman, the divorce procedure becomes much more complicated and delayed. You may also have to spend more money at her. After all, when a person cannot cope on his own, he attracts a lawyer to the case, and his services are far from free.

Thus, there are two options for dividing joint property:

Resolving an issue without conflict is an agreement between spouses. When the parties have reached a common opinion, they draw up an appropriate agreement, which specifies the size of the share of each party. It is recommended that this document be certified by a notary. Otherwise it will not have legal force.
Solving the issue using court. If an agreement is not reached, one of the spouses files a lawsuit demanding division of property. You can do this immediately with the divorce process or submit an application later separately. But, it is important not to miss the statute of limitations.

It is impossible to divide the indivisible, therefore, in most cases, a decision is made that one party takes the item, and the second receives compensation for its share.

Correct behavior

Sometimes men are interested in how to properly divorce their wife if they have children. In order for the divorce to proceed quickly and without major trauma, it is recommended to adhere to competent behavior.

It is better to discuss all issues regarding alimony and child support in advance, even before the start of the procedure. To do this, many spouses draw up a special agreement, which contains all the clauses containing information on the following points:

accommodation
upbringing
possibility of meetings
amount of alimony and the like

To speed up the process, you need to have this document certified by a notary and ensure his presence at meetings. In such cases, the divorce procedure proceeds quite quickly.

During a divorce, a man has the right to insist that his offspring stay with him. He can justify his desires as follows:

good financial situation
personal attachment to a child
improper parenting of the mother

But, basically, children always stay with their mother. Then the court has the right to establish the procedure for the child’s communication with his father and participation in the educational process.

How to get a divorce correctly - a lawyer advises in the video:

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Grounds and methods of divorce

Current Russian legislation There are two options for divorce: (civil registry office, 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 of the marriage.

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 from 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:

On the collection of child support.
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 possibility of changing 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 civil 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.

With mutual consent, both the civil registry office employees and the judge can dissolve the 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

It is possible to dissolve a marriage with a foreign citizen in Russia both through the civil 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.

It often happens that the family life of spouses leaves much to be desired. Often in such a situation, the wife begins to think about divorce. How to get a divorce if your husband is against it? In most cases it is filed for the following reasons:

The husband often drinks and treats his wife poorly.
My husband has a mistress, but he doesn’t want to at will divorce, as his parents may be against it.
A husband beats his wife and children.
The woman found another person.

Here are the most common situations. Family life is not always ideal, and everyone should remember this. When choosing a life partner for yourself, you need to remember that almost every third marriage in our country eventually ends in divorce. Getting a divorce is not a difficult matter. But this rule is only relevant when both spouses agree with this decision.

Often a man disagrees with his wife’s decision, but it is not possible to reach an agreement peacefully. In such a situation, the woman is forced to go to court, and then the divorce is delayed. If your husband doesn’t mind, then you just need to write a statement to writing, give it to the registry office, and in about a month the woman will be free again. Let's look in more detail at how to get a divorce if the husband does not want it - dissolution of the marriage in court.

Divorce peacefully

How can you get a divorce if both spouses are not against ending the marriage and starting a new life? Everything is quite simple here.

You must submit an application to the registry office and pay state fee and in about a month it will be possible to establish new life(if there are no minor children).

If the husband does not want to get a divorce, then everything can be settled peacefully. There are several options for how to get your husband to agree. If he treats his wife and children (if any) well, then it is recommended to talk and explain the situation. It is necessary to explain to him that with a divorce their life will improve. The wife does not want to continue the relationship because she did not marry for love or has lost interest.

Some psychologists recommend another way to force your husband to file for divorce. In this case, the wife must show herself from the bad side: do not cook, walk at night, ignore her husband, then he will definitely not be able to stand it. If the husband is decent and treats his woman well, then it is advisable to think about whether this divorce is necessary. It is recommended to wait a little, suddenly everything will work out. It must be remembered that even with the consent of both persons, it will not always be possible to get a divorce through the registry office. In such a situation, you have to file papers in court. Such a divorce occurs when there are minor children.

Papers for divorce without husband's consent

According to Article 132 of the Civil Code of the Russian Federation, spouses must submit the following papers: statement of claim, tax payment receipt, any document that certifies the authority of the plaintiff.

To get a divorce, you will need to submit documents. As for the statement of claim itself, it contains the name of the court, the personal data of the husband and wife, the claims of one of the spouses for the division of property and some other points.

The statement of claim is filled out strictly according to the sample. You can get a divorce only if you have all the papers. In addition, you must attach the original marriage certificate, a copy of the children’s birth certificate (if any) and a residence permit, which can be taken from the house register.

The list of papers is expanded if there are children under the age of 18 in the family. If the question of alimony arises, you will need to provide a certificate of the spouse’s income (if the child remains to live with the mother). In addition, acts of inventory and valuation of property may be required if it is planned to divide it. The act of inspecting an apartment or house is also important. This is necessary in order to assess living conditions.

Where do you need to submit papers?

If you have to divorce by mutual decision, then all the papers are sent to the registry office, where they are examined and the divorce is soon filed. If the man does not want this, then the documents will have to be submitted to the court.

Which one exactly? The statement of claim, along with other papers, is sent to the court located in the territory of residence of the defendant (husband).

This question covered in Article 28 of the Civil Code of the Russian Federation. If the spouse is unable to come to court for good reason, then the documents are sent to the court at the place of residence of the spouse (plaintiff).

Of great interest is the fact that you can get a divorce in the registry office even if the husband is unwilling if he or the wife are incompetent, one of them has a criminal record for at least 3 years, or one of the spouses is declared missing. If the spouse does not agree to divorce, the time during which all documents are considered in court should be no more than two months. This period is counted from the date of delivery claim document. This issue is covered in Article 154 of the Civil Code of the Russian Federation.

But there are some nuances here too. If the plaintiff eventually expressed a desire to reconcile and wrote a petition to the court, then the court may extend the period for consideration of the papers for another month. If after this time the conflict is not resolved, the court will dissolve the marriage. After this, the court must send the divorce abstract to the registry office three days in advance. All this is spelled out in Article 25 of the Family Code.

It is important that the spouses will not be able to remarry until they receive the certificate.

Divorce in court

There is no need to confuse a divorce without the consent of the husband and a divorce without the possibility of his presence in court. If a man is not against divorce, but for some reason cannot visit the registry office, then a trusted person can do this for him.

If you don’t want to get a divorce, everything is a little more complicated. If you have to get a divorce in court, then very often situations arise when the defendant simply ignores the process itself and does not appear in court to consider the case. Here the law provides for a three-failure to appear rule. Often a situation may arise when a woman is afraid to tell her husband about her intention to divorce through the courts because she is intimidated.

There are several options here. It is advisable to leave the apartment or house and go further away to relatives or close friends and only then inform the husband about appearing in court. But if this is not possible, then the plaintiff needs to be extremely careful when living last days with your husband. You can get a divorce without his knowledge, then if you fail to appear in court three times, the divorce will be carried out without him. But this option is relevant only in the absence of children in the family and jointly acquired financial wealth and property. It is important that it is not necessary to indicate the reason for divorce in the claim, since everyone has the right to divorce, even in the absence of obvious reasons.

Divorce without the consent of the husband in the presence of small children in the family

Of interest is the fact that, according to Article 17 of the Family Code of our country, a husband does not have the right to divorce if his wife is carrying a child or the family already has a baby under the age of 1 year. As for the wife, she has this right. IN difficult situations When there is one child or several children in a family, it is advisable to hire a lawyer. If a couple has a child under one year old, the court postpones the consideration of the divorce case until the child turns 1 year old.

If both family members are during trial want to take the child, the judge makes the final decision based on the characteristics of both parents, property assessment acts, the financial security of the spouses, the possibility ongoing care for the child and so on. In most cases, the child is left with the mother, but this is not a strict rule.

Thus, divorce is a long and very responsible process that requires decisiveness from the spouses. If the family does not common property(cars, equipment, apartments or houses), children, then the divorce process will be simpler. Even if the husband is against divorce, after 1-2 months the marriage will be dissolved. Great importance has the fact that during a divorce you will need to collect a whole list necessary documents, which you simply cannot do without.

Main legislative documents, which regulate the process and conditions of divorce, are Civil and Family code RF. They define the basic rights and obligations of the parties involved in the divorce.

Many psychologists and teachers argue that even if there are children in the family, there is no need to try to find a peaceful solution and save the family, because the child will see all the conflicts between his parents, and this will negatively affect him mental development. If the parents communicate well with each other, then it is advisable to try to settle everything peacefully.

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