Where to apply for a divorce, and how to dissolve a marriage easier and faster? The application must be made in triplicate. Judgment on the case on determining the procedure for communication with the child of a parent living separately from him

In life, situations sometimes arise when it is already too late to solve problems and it is required radical measures to get out of circumstances that were not in our favor. Exactly like this difficult situation is divorce.

When it becomes necessary to go to the registry office for negative reason, a number of questions arise. What is needed for this? How to do everything quickly and correctly so as not to delay the procedure?

The answer to this question is, in principle, quite simple. However, it is not easy to figure it out on your own, even if you try to study family law. Therefore, it is better to get acquainted with the recommendations of specialists.

So, the divorce procedure begins with finding out the consent of both parties to the marriage to dissolve it.

The liquidation of a marriage is possible with mutual consent both spouses and mutual statement to the registry office. AT this case after 30 days the marriage will be dissolved.

Exceptions are cases where one of the two spouses does not agree to a divorce, is declared legally incompetent, is considered missing, or is serving a sentence imposed by the court and exceeding a period of 3 years. Only in judicial order marriages with minor children are dissolved. Then one of the parties is sued.

In order for the divorce procedure to be started by the participants on their own, it is necessary to fulfill the requirements of the court, which include collecting the documents necessary for this, drawing up an application, and submitting the prepared papers to the court.

The divorce procedure provides for a fee following documents.

• Statement of claim (2 copies);
• Marriage certificate;
• birth certificate of the child (copy);
• a copy of the house book confirming the defendant's residence;
• receipt of payment of state duty;
• other documents that the court may request for a particular process.

In this case, the participation of both parties in court hearings is required. If one of the parties for some reason (recognized by the court as valid) cannot participate in the meeting, the divorce procedure is postponed for more late deadline. Participants will be notified in advance of the date and time of the next meeting.

The date of the court session is appointed after pre-trial preparation, not earlier than thirty days from the date of filing the application.

During litigation it is possible, if necessary, to carry out the division of property, but this will delay the procedure in time. To prevent this from happening, the division of property can be carried out in a separate process - after the marriage has already been dissolved.

Since the divorce procedure is lengthy and onerous for the participants, in recent times Increasingly frequent are the cases of involvement in the processes of legal intermediaries - representatives in court. This allows you not to attend the court in person and save your nerves and time.

Based on the results of the judicial review of the application for recognizing the marriage as invalid, an extract from the court decision is issued and the marriage can be considered dissolved. This extract testifies to the accomplished fact of the divorce, however, for the final completion of the procedure, it is necessary to apply with this extract to the registry office. Only in this case the divorce procedure is legally considered completed. According to Art. 25 of the Family Code of the Russian Federation, a marriage is considered invalid from the date of registration of its dissolution in the registration book or from the date the court decision enters into force. Judgment must be registered with the registry office at the place of initial

The procedure ends with former spouses a certificate of divorce is issued. From that moment on, they have the right to enter into other marriages.

Most often, divorces are initiated by wives - there are much fewer men who want to divorce their wives. People decide to divorce, as a rule, when they understand that the marriage is doomed, and the couple can no longer live together. The most difficult thing is to get a divorce if there is a child: sometimes it is very difficult for children to understand the reasons for the separation of their parents. In this case, the procedure becomes much longer and more troublesome, and from a psychological point of view, divorce is perceived much more difficult. In this case, you should not be led by emotions and involve in the divorce process, as this can lead to the development of neurosis in the child. And in no case do not forbid the child to see his father or mother after a divorce, this will cause irreparable damage to his psyche. To get a divorce right, you should listen to some practical advice.

1. If you are going to divorce, calmly analyze the current situation. Decide on a divorce only if there is no other acceptable solution. If you still decide on a divorce process, try to translate it into a business and legal plane from the very beginning. Don't go down to mutual accusations and humiliation.


2. Even if your relatives, friends or colleagues assure that your half is completely to blame for your divorce, do not follow their lead and do not try to take revenge on your spouse. The more calmly you approach the divorce procedure, the more likely you will be to keep normal relationship and after termination.


3. It is possible to dissolve a marriage in the registry office only if the divorce is a mutual decision of the spouses, and they do not have common minor children. In this case, they need to contact the registry office and write a marriage application. Usually, spouses are given a month to reconcile, and if during this time they do not change their mind, the marriage will be dissolved, in confirmation of which they will be issued a divorce certificate.


4. It is also possible to get a divorce without the consent of one in the registry office, but only if one of the spouses has been declared incompetent or missing, or, according to a court verdict, is serving a prison term (at least three years imprisonment).


5. If you have common children who have not reached the age of majority, or if one of the spouses does not agree to a divorce, the marriage will have to be dissolved in court. You also have to go to court in the event that there is a property dispute between them (the issue of the division of property will be decided exclusively in court). During the trial divorce court takes into account the interests of each of the spouses and their minor children. In no case should the divorce of parents negatively affect the lives of children.


6. If one of the spouses changed his surname during the registration of the marriage, after receiving a divorce, he has the right to both restore his premarital surname and leave the surname received.


7. Remember that the divorce process is always easier and faster if you turn to a qualified lawyer for help in time - in this case, many problems and misunderstandings can be avoided.

   Related article

   Sources:

   • how to get a divorce

   As statistics show, the number of divorces is growing noticeably every year. That is why people try to make every effort to save the family.

   

   When should you divorce your wife?

   Men decide to divorce their wife different situations.

   The reason for the divorce may be a new hobby of a man. If you have started an intrigue on the side and understand that your feelings for your mistress are much stronger and deeper than your feelings for your wife, you should not waste time and delay the decision to divorce. The fact is that in this way you will torment not only yourself, your new lover, but also your legal spouse. Of course, she will take your decision painfully, but it will be much more honest with her.

   The second reason for divorce is your wife's new hobby. If you understand that your spouse periodically cheats on you or plunges headlong into a new relationship, you better think about the fact that, most likely, it's time to put an end to it. Understand that keeping a person who does not need you around you will be a rather stupid act. Surely you will not be able to achieve her reciprocal feelings. If a girl once decided to start an intrigue on the side, she destroys your trust, and there can be no love without trust. Your relationship will simply be doomed.

   Marriages do not always break up due to the appearance of third parties in them. The decision to divorce can be made even when your significant other has become cold towards you or stopped doing their household chores.

   When should you divorce your husband?

   The reasons for divorce from a spouse may be similar, but some others can be added to them. For example, sometimes families break up because of the bad habits of the husband. If your lover abuses alcohol, he is unlikely to be able to become an exemplary family man and good father. Even if you already have children, they should by no means look at how an intoxicated father is constantly with his mother.

   In addition, women often suffer from male assault. This kind of behavior should not be tolerated. It's better to file for divorce and start life with clean slate than to constantly endure humiliation from a beloved man.

   Remember, whatever the reason for your intrusive thoughts about divorce, before making such a difficult and responsible decision, you need to make sure that your relationship can no longer be saved. Talk to your significant other, find out if she sees any ways to restore peace in the family. Most likely, by joint efforts, you will still be able to improve your relationship and return your love.

If in family life there is no order, the world is no longer possible, that is, there are two ways: to put up or part. When people realize that they no longer have the strength to be together, they will be judged. The main dilemma is how to file for divorce productively, without a world order?

divorce proceedings

When choosing to leave a marriage, people must approach such a difficult task correctly, carefully. The divorce procedure is unpleasant, it is difficult to break off relations even with a sole desire. In order for the spouse to gain the long-awaited freedom, a trial and a fair verdict at one of the hearings will be required. If there are no property disputes and wrangling, the children are already adults or did not have time to be born at all, you need to visit the registry office for quick decision this administrative issue on quite compromise terms of the world.

Through the court

It is very problematic to divorce with lawsuits and petitions, it is much easier to visit the registry office twice. Divorce through the court is a mentally difficult, stressful and lengthy process that requires not only mutual desire married couple to part forever, but also to present a number of references from family life for consideration by a fair judge.

The first step is to correctly write a written appeal to the court with a wish to terminate the bonds of marriage with your wife (husband). Here we are talking about a legal organization according to the residence permit of the defendant's spouse. Applicant must complete correctly standard form. On a special form, you must specify the following information in a certain sequence. It:

• place, date of the wedding day;
• arguments for your desire to get a divorce;
• the presence of small children, the presence of property;
• basic requirements and wishes for the opposing side;
• information about the upcoming provision of children.

Through the registry office

If the ex-spouses have no claims and common children to raise, then the trip to the judge can be postponed indefinitely. The plaintiff and the defendant will have a divorce procedure through the registry office, after 30 days the document on the breakdown of the marriage is officially handed out and will enter the legal field. To avoid lengthy proceedings, it is advisable to comply with the following mandatory conditions:

• mutual and unhindered desire, the consent of the spouses to leave;
• lack of small children and claims to;
• appearance at the registry office with passport data and a marriage document.

What is needed for a divorce

In fact, you need the desire and desire to start independent life, leave the second half only in unpleasant memories. This is formal, but in fact you need to provide, in addition to a correctly completed sample, a number of mandatory certificates for consideration. We are talking about copies that it is advisable to notarize in advance. When asked what is needed to file for divorce, they will tell everyone in the appropriate authority - it is not every day that you have to get a divorce, here you need to make a responsible decision.

If there are minor children

If a teenager under the age of 18 is brought up by ex-spouses, then parents are allowed to divorce only by court order. In the registry office, the documents will still not be accepted, even if there are no claims at all on the upbringing of the younger generation, and the paper is drawn up correctly. Before filing for divorce, if you have a child, you should consult with a family lawyer or a paid lawyer, enlist his support, competently draw up a claim. Only then can we count on a successful outcome of the ongoing production.

Unilaterally

If in a couple a husband or wife opposes the collapse of the family, then the second one has certain problems, delay is not ruled out. However, do not worry too much about this, because standard procedure divorce proceedings can be correctly carried out in unilaterally. Divorce at the request of one of the spouses normal phenomenon, only the plaintiff draws up the mandatory documents on his own, while correctly expressing his thoughts on the form. It is very important that the problems in relation to the growing children and property are resolved in his favor.

How to file for divorce

After filling out the form, it is necessary to make a copy of the marriage certificate and other joint documents, to certify first at the notary. Then you need to correctly submit the complete set to the registry (office) of the court, where, after checking the received data, an incoming number will be issued. This means that the plaintiff managed to correctly file for divorce. It remains only to wait for the notice to appear at the preliminary and subsequent meetings. Nothing complicated, but it will be correct to familiarize yourself with the provisions in advance Family Code.

Which registry office to apply to

Drawing up a paper according to the provided sample will not be particularly difficult. The question may arise elsewhere: where to apply for a divorce through the registry office? There are two options - according to the registration of the husband or wife. The address of one of them is known, since at one time a statement was sent to this registry office about the desire to legalize their relationship. You will also have to pay the state duty for the breakup of the family.

Online

The first step is to register on the site, and then apply. To do this, you must provide the data of the passports of two participants, SNILS, a marriage document, additionally send copies specified documents. An online divorce application is being studied in a regular manner, the main thing is to establish a notification method for the plaintiff. It can be a message to a mobile or email address.

Through the court

The law states: one spouse can send a claim to the court at the residence of the respondent spouse. It is allowed to receive the divorce application form in person at the office or fill it out correctly online. Required condition in both cases - get the incoming number, after which you can control the process judicial trial. The list of required documents is updated, so you need to carefully study the reference information.

Where to file for divorce

If the collapse of family life is inevitable, the plaintiff must apply to the registry office or the district court at the residence of the respondent spouse. If the other half has a nonresident residence permit, it is not forbidden to file a claim with the court of your district. There are other reasons why an administrative case is initiated and considered in the district of the plaintiff. With the question of where to apply for a divorce, it is better to contact a practicing lawyer, look on the Internet for yourself.

Documents for divorce in the registry office

In this case, filing an application is as easy as shelling pears, and both spouses must have an internal passport and a marriage document with them. This is the answer to the question of what documents are needed for a divorce. The originals are confiscated, and after 30 calendar days already divorced people receive a new document with seals, which is preliminarily registered in the database. Unilaterally, the required procedure is not carried out even in the absence of common child, property. The right thing to do is to go to the judge.

Through the court

A form filled out according to the model is not at all enough to get involved in the divorce process as soon as possible. Additionally, the judge requires a full package of documents that reveal the essence of the family as a social unit of society. This is a standard list that is included in the procedure for filing a claim. If you need information about what documents are required for a divorce through the court, the list is presented below:

• sample statement;
• passports civil husband, wives;
• marriage document;
• birth certificates of adopted or married children;
• documents on the ownership of property;
• other references at the will of the judge.

The procedure for dissolution of marriage

Registration of certificates and applications is only the beginning of a long journey to freedom. The plaintiff wants to do whatever is necessary to expedite the outcome, but the law can slow down the whole process. Being interested in how a divorce happens, it is important to understand that everything is much faster in the registry office than a tedious showdown in court. Although each family has its own nuances.

Terms of divorce through the registry office

Before filing a divorce, ex-spouses ask how soon they will receive the appropriate document. The answer depends on many factors. If you apply online, you can get a divorce faster, especially when litigation not required. The terms for divorce through the registry office are 1 month from the date of registration and filing of the claim. it useful information when solving a life problem, how to properly file for divorce without a settlement.

By court

Before you properly file for divorce, it is important to understand that you will have to go to the judge with children and property. Without a peace agreement between the spouses, the terms of divorce through the court with children are not standardized. Everything depends on the number of meetings and opportunities to reconcile the warring parties. Preliminary hearing of the case is obligatory, then several more meetings. It is important to resolve issues of alimony, determine the comfort zone of the child and the fate of the acquired married couple property. So when answering how a person should file for divorce correctly, there are nuances.

How much does it cost to file for divorce

Before getting a divorce, it is important to find out how much it costs to file for a divorce. Big financial difficulties are also coming, so you should think about the world warring spouses. Otherwise, you will have to draw up documents, pay off a lawyer and pay a state duty. Such a public service is limited to 650 rubles per registry office participating in the divorce proceedings. When filing a claim unilaterally, the cost of the state fee is 350 rubles, the cost varies.

Video

If a marriage requires the mutual consent of the prospective spouses, then it is reasonable to ask whether this condition when . Divorce unilaterally completely available, according to current legislation Russian Federation. There are two possible situations:

• divorce when the other party is physically;
• divorce .

The cases described are fundamentally different. It happens that the second spouse cannot be present during the divorce procedure due to being or living in another country or serving a sentence in prison. At the same time, he can either agree or not agree to the dissolution of the marriage.

Situations are common when a husband or wife does not even want to announce their intention to divorce. Therefore, there may be the most different reasons: unwillingness to scandals and showdown, the desire to avoid any contact with the former spouse.

How to file for divorce unilaterally?

If the divorce is made unilaterally through the courts, then, as a rule, the institution trial in absentia.

• If the defendant, duly notified of the place and time of the court session, did not appear and did not report the presence of valid reasons for the absence, and also did not ask in his absence, then the court, after holding the hearing, may make a judgment(definition). The law establishes special rules to appeal against it: the defendant has the right to file an application with the court that issued a default decision with which he does not agree, demanding that such a decision be canceled. This right may be implemented by the defendant within 7 days from the date on which he is served with a copy of this decision.
• Later, if the court establishes a good reason for the defendant's failure to appear in court, about which he could not inform the court in a timely manner, and considers evidence that could influence the decision of the judicial authority, default decision can be canceled. After that, the consideration of the case on the merits is resumed, but this time the defendant is obliged to appear in court at the meeting, since the right to cancel the default decision can be exercised only once.

Required documents

You need to prepare the following documents:

• application to the authorized body;
• Marriage certificate;
• birth certificates of children;
• documents confirming property claims;
• a copy of the identity document of the applicant.

Procedure and timing of the process

The procedure should be as follows:

• needs to be implemented collection of documents and prepare a statement of claim or an application to the registry office;
• apply to the registry office or court at the place of residence of the defendant (only those who have minor children, or those who are sick and physically unable, for example, can go to another district or city) can apply at their place of residence);
• it is necessary to apply to a justice of the peace if it is simply a demand for a divorce, but if at the same time a requirement is submitted to carry out the division of property, and the value of the spouse's share is estimated at more than 50,000 rubles, then the dispute should be considered by the district (city) court;
• submit an application in three copies (for yourself, for the court and for the defendant) and copies of all collected documents;
• wait for the appointment of the case and its consideration on the merits(within 1 month after the filing of the claim, the court will not make any decision on the case) - usually the meeting takes place 1 month after the submission of documents;
• if the court makes a decision with which the plaintiff does not agree, then within another 1 month this decision can be appealed (when given term pass and the decision will not be appealed, it will enter into force after which a certificate of divorce is issued).

When applying to the registry office, the deadline for resolving the case will be 1 month. However, only those who do not have common minor children or property claims have the advantage of such a speedy resolution.

Features of writing a claim

When writing a divorce suit unilaterally, there is no need to comply with any special rules or indicate good reason that prompted such a decision. The indication of any reasons is considered only formal and does not affect the course of the divorce process. The main thing is to indicate that further family life is not possible.

Making a final decision on divorce

Possibility of divorce in the absence of one of the parties allowed by the current family law. If one of the spouses fails to appear in court three times when a divorce case is being considered, then family union terminated by default judgment of the court. Such failure to appear can be either intentional (an attempt to obstruct the divorce proceedings) or unintentional.

It also happens that a person does not appear in court simply because of ignorance that a process is underway that affects his interests. The court does not take this into account: if there is no evidence of a good reason for non-appearance, then after three hearings the marriage is considered terminated.

When spouses divorce the most simple and traditional way- through the registry office, it is not possible, then you will have to file a divorce through the courts.

You will have to apply for a divorce in court in two cases:

1. A divorcing couple has common children who have not reached the age of majority. The court, which stands for the protection of childhood, must make sure that the divorce of the parents in no way infringes on the rights of the child. Common will be not only children born in this marriage, but also those who were adopted by the spouses during the period of cohabitation. How divorce lasts, if there is a child, read in our article -
2. One spouse opposes divorce. It can be both a wife and a husband. This also includes the case when the whereabouts of one of the spouses is not established, or he deliberately does not show up for divorce. But this will not be a guarantee of the preservation of the family, but will only delay the divorce proceedings through the court. A woman who does not agree to terminate the marriage has immunity from divorce, but only under two circumstances: if she is pregnant by her husband or they have common child under the age of one year.

Spouses have several more reasons to go to court during a divorce - when they cannot independently resolve the issue of dividing property acquired in marriage, cannot decide with whom the children will live after the divorce, and which of them and in what amount will pay alimony. These issues can be resolved both within the framework of the divorce process, and separately, when the divorce is already registered in the registry office.

Which court to file for divorce

According to the principle of territoriality, it is necessary to apply for a divorce through the court in the district of residence of the defendant. If his location is not established, then where he is registered or lived recently is taken into account.

The plaintiff will be able to achieve in order to file an application-claim in court, taking into account the place of his residence. The reason for this may be:

• cohabitation with her minor child(children)
• impossibility to come to the court in the area where the defendant lives due to the state of health,
• the defendant has been declared legally incompetent, missing, or sentenced to imprisonment for more than three years,
• along with the application for divorce, a claim for alimony for minor children is filed.

It is difficult for a plaintiff who is divorcing or applying to a judicial authority for the first time to immediately determine which court hears divorce cases. All divorce cases are under the jurisdiction of justices of the peace and are considered by them. But two categories of divorce cases will be resolved in court general jurisdiction, that is, in a city, district or court of a constituent entity of the Russian Federation.

1. In the absence of an agreement on the fate of the children. In such cases, the spouses could not independently decide with whom their common children would live after a divorce, or according to what schedule and in what order father or mother would see them, taking into account separation.
2. In the absence of an agreement on the division common property acquired during the period of marriage. These are divorce cases in which an apartment or other expensive property worth more than 50,000 rubles occurs in parallel.

How to file for divorce through the courts

To start the divorce process, you need to fill out a divorce application form in court. You will find a sample of such a statement of claim in the conclusion of our article, and about how to file an application for divorce, we describe in detail in another.

If you are applying to the magistrate, then in it you need to indicate:
in header:

• court number,
• personal data of the plaintiff (name, address, telephone number),
• respondent's personal data (name, address, phone number),

in the text of the statement:

• date of marriage
• Name of spouse
• date until which they lived together,
• information about children, their gender and age,
• information about a previously registered marriage,

Be sure to indicate the reason for the divorce. But you don’t need to write a lot and emotionally, but you need to be short and on the topic (drunkenness, assault, treason, infertility, etc.).

A little about the causes of divorce in numbers

30% of all divorces occur due to dissimilarity of characters. Bad habits(alcoholism and drug addiction) are the cause of 16% of divorces. Cheating is in third place: 8% of divorces are due to her fault.

It is also necessary to indicate that the divorcees do not have disputes about children and jointly acquired property. As evidence, it is desirable to attach to the application an agreement on determining the place of residence of the child and meetings with him of the second parent, an agreement on the division of property, voluntary agreement about alimony. They are not required, but desirable.

At the end of the application, a list of documents that are attached to it is indicated, and it is signed by the plaintiff with an indication of the date.

A statement of claim for a divorce in a court of general jurisdiction is similar in form to that filed with a justice of the peace, but it must describe in detail the essence of the dispute that arose between the spouses. When filing such an application, it is advisable for the plaintiff to turn to the services of lawyers who will help take into account all the subtleties of these difficult cases.

What documents are needed

The documents required for a divorce through the court are attached to the statement of claim. Their package varies depending on whether the court decides only the issue of divorce or other disputes, the defendant is in court or his location is not established. The judge has the right to request additional documents during the court session.

Required Documents:

• a statement of claim of a certain type,
• passport (of the plaintiff or both spouses),
• Marriage certificate,
• metrics of minor children (if they are born from this marriage or adopted in it);

Additionally, taking into account the resolved disputes or other circumstances, you can attach yourself or at the request of the judge:

• a statement of claim for the division of jointly acquired property or determination of the place of residence of joint children,
• a power of attorney, if the interests of the divorcees in court are protected by their representatives, a receipt for payment of an additional state duty, if, in parallel with the divorce, issues of the division of property and the place of residence of children are resolved,
• agreement on cohabitation with children after divorce
• agreement on the division of property purchased in marriage,
• voluntary agreement on the payment of alimony,
• certificate of the place of work and income of the defendant, if the issue of alimony is resolved in parallel,
• a court decision declaring a spouse deprived of legal capacity or missing,
• a court verdict, according to which the second spouse is sentenced to serving a sentence in the MLS.

When the application has already been written

After filing an application for divorce through the court, you need to control the process of its acceptance into proceedings. Such an application is usually considered within one month. But there is no exact guarantee that it will be taken into consideration by the court.
The court may refuse to accept an application for proceedings if:

• this claim should be considered in a different judicial procedure,
• the application is submitted by a person, body or organization that is not entitled to submit it,
• the lawsuit disputes acts that are not related to the person filing it,
• on a dispute similar to that indicated in the application, there is already a court decision,
• This dispute has already been arbitrated.

The court will return the application if:

• the plaintiff did not comply with the established pre-trial procedure for settling the dispute,
• the application has been filed with a judicial authority that has no jurisdiction over it,
• the claim is filed by a person deprived of legal capacity,
• the application was submitted by an unauthorized person,
• a similar case is pending before the arbitral tribunal,
• the plaintiff received an application for the return of the claim (if the court ruling on its acceptance for proceedings has not yet been issued).

The court will leave the application for divorce without movement if:

• it contains some flaws in form and content,
• it contains incomplete information,
• not attached to it complete list documents.

Any of these decisions will be notified to the applicant in writing.

If the application is left without progress, the judge will offer to correct the shortcomings, giving some time for this.

Divorce process through court

After accepting the divorce application for proceedings, the judge will set a date for the consideration of the case and notify the plaintiff, defendant and other interested parties of the time and place where the court session will take place.

Ideally, both spouses should be present in a divorce case. After all, the court will find out all the reasons for the impossibility of further family life, the circumstances that led to discord in the family, listen to the arguments and opinions of both parties on this issue.

The defendant may not appear at the hearing, but this will not guarantee the preservation of the family for him. If the judge considers that his absence from the divorce proceedings is not due to good reasons, then he will be able to make a decision on divorce without his consent at the first meeting. But usually the meeting is postponed for a certain period, so that both spouses come to the meeting room and there is an opportunity
listen to the views of both sides.

In practice, if the judge sees even the slightest chance to save the family, and the spouse who disagrees with the divorce insists on living together, the couple is given a period of up to three months for reconciliation. If the spouses both agree to divorce, but they had to go to court only because of the children, or they came to a mutual positive decision while waiting for the trial, then the judge will be able to make a divorce decision at the very first meeting.

If both spouses did not appear at the court session and did not inform about the reasons for the absence, the judge has the right to regard this as a reconciliation and terminate the proceedings.

But if it is not possible to reconcile the spouses, and at least one of them insists on a divorce, the judge decides to dissolve the marriage. The justice of the peace will be able to consider the case without the participation of the parties, provided that both of them are not against a divorce, there is no dispute about children and property, they were duly notified, but did not appear at the hearing. In a court of general jurisdiction, where more global issues are resolved, the presence of both parties is highly desirable.

If one spouse disagrees with the court decision, he will be able to appeal it to a higher judicial authority. The decision of the justice of the peace - to the court of the city or district, the decision of the court of general jurisdiction - to regional court or the court of the subject of the Russian Federation.

What is desirable to agree before the divorce process through the court

Divorce often, and even almost always, involves questions about joint children and about joint property. They can be considered in court along with divorce. Especially if there is no agreement on them between the spouses. If there is trust between the spouses, then in statement of claim or in court, you can simply indicate that there are no disputes about children, property and alimony.

But it is still desirable to play it safe and conclude an agreement on each item.

1. Agreement on the division of jointly acquired property. It makes sense to draw it up if the spouses have something to share, and if they did not draw up a marriage contract.
2. Agreement on the place of residence of the child (children), the procedure for visiting him. It should be concluded in order to be sure that the child will live with only one parent, and the second will see him without restrictions or according to the agreement and provide material assistance.
3. Voluntary agreement on alimony. In it, the spouses can fix the procedure for paying one of them alimony for the maintenance of a child in certain deadlines, in a fixed amount and on agreed terms.

An obligatory condition of the agreement is the consent of both spouses with its clauses, this is confirmed by signatures. Ideally, it must be certified in a notary's office, then it will have the legal force of an official document.

Is it possible to divorce in court without a second spouse?

Available. If he was duly notified by the court of the upcoming court hearings, but did not appear at them three times and no good reasons did not indicate his absence.

Defendants mistakenly believe that if they do not go to court for divorce, they will save the marriage. At the justices of the peace maximum term consideration of a divorce case - 2 months, in district court- 3 months. Then a decision is made either on divorce or on termination of the case and reconciliation of the spouses.

Reconciliation only happens when mutual agreement spouses or in case of disrespectful failure of both to appear at the process. In other cases - only a divorce.

We receive divorce papers

The divorce decree takes effect 10 days after it is issued. Provided that it has not been challenged by the parties.

Then it is sent to the territorial registry office at the place of residence of the defendant (or the plaintiff, depending on where the case was considered). Spouses with a court decision on divorce that has entered into force must apply to the registry office and, in accordance with Article 35 of the RF IC, write an application for registration of this fact. A month later, it will be possible to receive a certificate of divorce in your hands.

If you have any questions regarding the divorce procedure through the courts, you can ask them below in the comments.