Judicial divorce is taking place. Extract from the court decision: why is it needed and how long is it valid

The main value in the life of any person is this is his family. Of course, it's great when the most close person Always near. It's great to have a baby.

But full healthy family is a hard-to-reach ideal in our society. Unfortunately, everyday 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 they can only breed childless couple, 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 judicial order .

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?

Needed to go to court the following documents:

1. , which indicates the place of residence and other data of both spouses, as well as the reason for the divorce;
2. marriage document;
3. birth certificate of the child;
4. 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;
5. a receipt for payment of the state duty (600 rubles in 2016);
6. if available, notarized consent of the second spouse for divorce.

Must be attached to the original statement of claim photocopies of all submitted documents.

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 that. 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 minor child, meeting and, in fact, himself divorce proceedings 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 in the territory Russian Federation which would cause a person to be in a relationship against their good will.

If both people did not come to the meeting, case 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, you can get a divorce only if mutual agreement 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:

If you want a divorce, but your partner does not want it, then you are in unilaterally You can file for divorce through the courts.

If your partner gives you consent to divorce, then you can quickly.

Divorce through the registry office is quick and easy, but we will consider the option of divorce in court.

Grounds for termination of marriage.
When is it filed for divorce? Conditions.
- In which court to file for divorce?
- Documents for filing for divorce through the court.
How is the trial going?
- Terms of divorce.
- The nuances of a divorce through the courts.
- Grounds for termination of marriage.
- State duty, and the cost of a lawyer in a divorce through a court.
- Video.
- An example from judicial practice.

Grounds for termination of marriage

From the position of the legislation (Article 16 of the RF IC), grounds for termination family relations 4:

• Death of one of the spouses;
• Recognition of a spouse as deceased (by court);
• Submission of an application by one of the spouses for divorce (guardian of the spouse in case of his incapacity);
• Both spouses file for divorce.

In the first two cases, the marriage is terminated at the moment of the occurrence of an event or the entry into force of a court decision.

When is it filed for divorce? Conditions.

As already noted, is it possible to get a divorce both in the registry office and in court? But when exactly will you have to go to court?

There are three cases:

• The presence of joint children under 18 years of age (clause 1 of article 23 of the RF IC);
• The unwillingness of one of the spouses to part with their other half (Article 22 of the RF IC);
• Evasion of one of the spouses from appearing in the registry office, with theoretical consent to divorce (clause 2, article 21 of the RF IC).

In the first case, everything is clear: even if the husband and wife vied with each other about the impossibility of living together in the future, but at the same time they have at least one common child (minor), they still have to get divorced in court.

In the second, everything is also clear: husband or wife wants freedom, and, accordingly, his wife or husband is counting on speedy reconciliation and family preservation. In the registry office, such a couple will not be divorced. The case will be decided in court.

The third case is the most interesting: both spouses agree and, but one person sabotages the event in every possible way, and simply does not appear on the day appointed for divorce at the registry office. In this case, the person wishing to break off the family relationship will have to file a lawsuit in court for the dissolution of the marriage.

In which court to file for divorce?

As a general rule, divorce cases are handled by world judge- Clause 2, Part 1, Art. 23 Code of Civil Procedure of the Russian Federation. If, during the divorce proceedings, the husband and wife decide on the issue of determining the place of residence of their joint child, then such a case will be considered district court - Art. 24 Code of Civil Procedure of the Russian Federation.

The lawsuit is filed with the court at the place of residence of the defendant, or the plaintiff, if the place of residence of the first is unknown. It is also allowed to file a lawsuit in the court at the place of residence of the plaintiff, if minor child whose place of residence after the termination of the marriage will have to be determined by the court.

Documents for filing for divorce through the court.

Served by general rules filing an application. The initiator of the divorce will be called the plaintiff, the other side - the defendant.

The claim contains the full details of both parties, including the place of residence, the grounds for divorce (a formal condition), and the following documents (copies) are attached to it:

• Marriage certificate;
• Children's birth certificates;
• Income certificates, if it is also about the recovery of alimony;
• Document confirming the payment of state duty;
• The consent of the spouse to the divorce is notarized, if any.

How is the trial going?

After accepting the claim, the court sets a date for the first hearing. It cannot be appointed earlier than one month after the filing of the claim by the applicant. Both the plaintiff and the defendant receive a divorce subpoena in the mail before the hearing. At the first meeting, the court finds out the attitude of the parties to the dissolution of the marriage, the reasons for the divorce, the possibility of preserving the family.

If both spouses have a strong desire to part, and there are no disputes on other issues, then the divorce process in court ends here. The court issues a decree on divorce and after 30 days sends a copy of it to the registry office. If, however, everything is not clear in the case: the husband / wife does not want to disperse, then the court sets a period for reconciliation of the parties, as a rule, 3 months. If, after the expiration of the term, the parties have not found common language, the judge decides to end the marriage.

In case of non-attendance..

If both spouses do not appear in court, then the case is dismissed and the family is preserved, but if there is only one, then for a start the judge finds out:

• Whether the absentee was duly notified, and if so, then;
• Was there a valid reason for his absence?

If the party was duly notified, and no petition was filed to consider the case in its absence, then the judge may either postpone the meeting to another date, or hold the meeting in the absence of the absentee.

Two non-appearances are allowed (two postponements of the hearing), with the third non-appearance the court will be forced to make a decision.

Divorce terms

Unencumbered by other requirements and with the consent of both spouses, a divorce in court will not take more than 1 month(plus 1 month for the entry into force of the court decision) from the moment the plaintiff filed an application.

If the requirement to break family bonds only one spouse has, then the court may drag on for 4 months(plus 1 month for the entry into force of the court decision). The term includes the maximum allowable time for reconciliation of the parties.

If the desire to divorce is strong only on one side, and the second, after the allotted time for reconciliation, did not appear at the hearing, and then again and again did not appear, then you will have to divorce the whole 6 months from the date of filing the claim (plus 1 month for the entry into force of the court decision).

If the divorce process is associated with, then the terms, in general, can vary from six months to one and a half years.

Nuances in a divorce through the courts

The family legislation of the Russian Federation provides the right to initiate a divorce for both the husband and the wife, but there are some nuances.

So, the husband does not have the right to file for his wife and a year after the birth of the child. The court will divorce the couple only if the spouse expresses the desire (Article 17 of the RF IC).

If the divorce claim provides for a request for the division of property, then such a claim can be filed with the court at the location of this very property (when it comes to real estate) - Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation.

In the case of a simultaneous division of property, it is advisable to file a petition for attachment of property along with the claim so that the defendant cannot realize it.

It happens that spouses reconcile after the court has issued a decision on divorce. In this case, the law gives the right to appeal against the decision of the court within 30 days, and to refuse the claim in the court of second instance.

State duty, and the cost of a lawyer in a divorce through a court.

Freedom has always been highly valued in the literal and figurative sense, therefore, a person who decides to get rid of married life, will have to be spent.

The cost of a divorce, excluding compensation (if any) marriage contract), the property consists of state duty and the cost of services of a trusted person (lawyer).

There are three fee options depending on the conditions:

1) For state registration divorce, including the issuance of certificates:
at mutual consent spouses who do not have common minor children - 650 rubles from each of the spouses.
2) Upon divorce judicially- 650 rubles from each of the spouses.
3) Upon divorce at the request of one of the spouses in the event that the other spouse is recognized by the court as missing, incompetent or sentenced for committing a crime to imprisonment for a term of more than three years - 350 rubles.

The cost of representative services varies by region. So, in the capital, a family lawyer will cost 900 rubles, and representation in court in the amount of 10 thousand rubles. In the provinces, the amounts may be less.

Example from jurisprudence

Inna B. filed a divorce suit with her husband Stanislav B. At the time of filing the application, Stanislav B. was registered with his friends, but Inna B. did not know the address. The couple had a 5-year-old daughter. The wife filed a lawsuit in the district court at her place of residence, indicating that she did not know where her husband now lives. The wife also filed for the division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously filed a demand for and determination of her permanent place of residence with her mother.

Stanislav did not appear at the court session. The court decided to postpone the consideration of the case for a month. Stanislav again did not appear at the second meeting, the court again postponed the consideration of the case for a month. The husband came to the third court session and stated that he did not intend to part with his wife, but wanted to maintain relations for the sake of his daughter. The court set a time limit for reconciliation - 2 months.

Two months later, at the next meeting, the court decided to divorce the couple, leave the daughter to live permanently with her mother and assigned her alimony, to divide the property in equal shares, but it turned out that by the time the decision was made, the car had been sold and the property of the spouses was one garage. In the future, Inna could not prove that she did not know about the sale of the car and could not cancel the transaction.

Creating a family, the newly-made spouses hope that this is forever. However, sometimes, unfortunately, living together does not bring happiness and the spouses have to go through such a test as divorce. Well, if everything is limited to a joint trip to the registry office. But there are such reasons on the basis of which divorce is possible only in court. In what cases will you have to go to court?

Divorce in court according to the laws of the Russian Federation

Usually, in order to terminate their family relations, it is enough for the spouses to apply to the registry office with the appropriate application. But in some cases this procedure, already taking a lot moral strength complicated by litigation.

Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.

Grounds for dissolution of marriage in court under the Family Code (IC RF)

The Family Code of the Russian Federation insists on divorce in court if:

• spouses have common children who have not reached the age of majority;
• one of the spouses does not object, but does not apply to the registry office with a divorce application;
• one of the spouses does not agree to a divorce;
• Dividing the jointly acquired property is carried out along with the divorce.

The grounds for divorce through the court are described in the Family Code of the Russian Federation

Children's rights

When spouses who wish to end their marriage have small children, the court is obliged to take care of their interests in the first place. In this case, the court does not understand the reasons that prompted the spouses to divorce, but only determines the position of the children in this new situation. Unfortunately, it often happens that parents cannot independently agree on who the children will live with and who will pay alimony. Or the court may consider that agreement reached violates the rights underage citizens(for example, a wife in a fit of anger refuses alimony, they say, we don’t need anything from him, and the husband shrugs his shoulders - don’t, don’t). Then the judge offers options for solving the problem, and if an agreement cannot be reached, he determines the order of keeping the children at his own discretion.

By the way, the court is guided by the same rules in relation to a disabled spouse.

When a husband cannot file for divorce from his wife

Legislation highlights cases where the rights of the child are protected in a special way. If the wife is pregnant (which is confirmed by a certificate) or has recently given birth, only she can initiate a divorce.

The husband does not have the right, without the consent of his wife, to initiate a divorce case during the wife's pregnancy and within a year after the birth of the child.

RF IC art. 17

During pregnancy, only the wife can initiate a divorce.

How to deal with the absence of a spouse

It also happens that the spouses understand that their marriage actually no longer exists, and both agree to a divorce, but one of them stubbornly sabotages the trip to the registry office. The reasons may be different - excessive employment, health status or ordinary harmfulness. There is only one way out in this case - going to court. The fact is that the registry office does not have the right to register a divorce at the request of only one of the spouses (except in cases where the second is recognized as incapacitated or missing).

What to do if the spouse does not want to divorce voluntarily

The most difficult thing is when the husband or wife categorically objects to the dissolution of the marriage. In this case, the plaintiff is forced to state in court the circumstances that led to the termination marital relations, and this is always difficult and unpleasant. The court makes attempts to reconcile the spouses and has the power to postpone the decision for up to three months. If after this period the spouses have not been able to restore their relationship and the plaintiff still insists on the dissolution of the marriage, the court satisfies the claim.

Conditions for dissolution of marriage with division of property

The division of property in divorce proceedings deserves special attention. If the spouses could not agree on how to divide the jointly acquired property, then the court will help them sort out this issue. The case can be considered together with a divorce or separated into a separate proceeding. The amount of state duty directly depends on the value of the property.

Commonly acquired property is divided in half

Pre-trial preparation for divorce

Before starting the divorce process, you need to decide on the following questions:

1. Which court deals with divorce? You can find out in which court to divorce, according to the principle of jurisdiction of cases.
2. What will be the issues resolved by the court in the dissolution of marriage? Will it be necessary to divide property, determine the place of residence of children and demand alimony?
3. What to discuss when divorcing a spouse? Should he notify him in advance of filing a claim?
4. What documents are required?

How is the jurisdiction of cases determined, in which cases to file a claim with a justice of the peace, and when with a district court

A statement of claim is filed with a justice of the peace when the spouses do not have disagreements on the upbringing, maintenance and residence of children and do not present property claims to each other in excess of fifty thousand rubles. All other divorce proceedings are heard in the district court.

The claim is filed with the court at the place of residence of the defendant, but in individual cases It is permissible to file an application at the place of residence of the plaintiff. good reasons in this case, there will be a serious state of health or living with the plaintiff of minor children. But a busy work schedule will not be taken into account, since the employer is obliged to release the employee on the agenda as many times as necessary.

Video: where to apply for a divorce

Statement of claim: drafting rules and sample

General requirements apply to the form of a claim for divorce. Document content:

• heading: the name of the court where the claim is sent, passport data and the actual place of residence of the plaintiff and defendant;
• place and date of marriage;
• in fact, the statement: the reasons and circumstances (clear, complete, but without emotional overtones) that led to the divorce;
• formulation of the plaintiff's claims;
• list of attached documents;
• date, signature.

Sample letter of request for divorce

What documents are needed

When preparing for the trial, care should be taken, since the court has the right to return the package of documents if it is incomplete or incorrectly executed. The Civil Procedure Code of the Russian Federation in article 132 lists the documents that must be attached when filing a statement of claim:

• a copy of the claim;
• a document confirming the payment of the state fee (receipt);
• documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents (for example, an extract from the house book confirming that the spouses live separately);
• a calculation of the amount to be recovered or disputed, signed by the plaintiff, with copies;
• marriage certificate (original and two copies);
• birth certificates of children (originals and two copies).

An extract from the house book can serve as evidence separation spouses

The plaintiff has the right not to be limited only by the requirements of the Code of Procedure and may add to his application other documents that he considers necessary to prove his position.

The statement of claim filed by filling out a form posted on the official website of the court, containing a petition for securing a claim, is signed with an enhanced qualified electronic signature in the manner prescribed by the legislation of the Russian Federation.

Stages, procedure and features of the divorce process

Exists standard order divorce through a court prescribed by law. In some cases, deviations and exceptions are provided.

How is the litigation: procedure and deadlines

The trial takes place in two stages. After the court has accepted the statement of claim, a preliminary meeting is scheduled (not earlier than in a month), at which the judge gets acquainted with the materials, assesses the degree of their readiness for consideration and invites the parties to reconcile out of court. Only after that will the turn of the main meeting come, where the case will be dealt with on its merits. Between the preliminary and the main meeting usually takes at least two weeks. Litigation may drag on for several meetings. The court postpones the consideration of the case in cases of non-appearance of one of the participants or when new circumstances arise that require additional collection of evidence.

In court, each party has the right to speak.

At the beginning of the main meeting, the court explains to the parties their rights and obligations as part of the consideration of the case and examines the petitions filed by the parties (until a decision is made, any of the participants in the process has the right to submit new or change their already stated claims).

Further, the judge gives the floor to the parties: listens to the claims of the plaintiff, the position of the defendant, examines the evidence. The last part of the meeting is called the "argument of the parties" - the final word of the plaintiff and the defendant, in which they once again briefly formulate their position on the case.

What questions does the judge ask and what to say in response

Usually at the court of divorcing spouses, the judge asks:

• Do both parties agree to a divorce?
• whether the spouses consider further life together impossible and why;
• Is reconciliation possible and under what conditions?
• how long the couple lived together and whether they live now;
• where they will live former spouses;
• whether the defendant agrees with the claims;

If there are common children, they will ask about their future place of residence, alimony and the order of communication with the parent who will live separately. When property is divided, the judge will be interested in everything related to it: the cost, the terms of purchase and use, etc.

Answer must be to the point, truthfully and reasoned. Emotional behavior, attempts to interrupt the judge or the opposite side, avoiding answering essential questions are highly discouraged.

While the judge is studying the documents or talking, it is better to wait until he himself asks a question

In court, this is exactly how it should be said - as it is! Only without emotions, tears, screams. Even if the defendant is furious, salivating and yelling that this is not so, you must be calm and restrained, then the court will lean in your direction. That's what I say: I walked, drank, behaved inappropriately. Everything, I do not see myself with this person. This was enough to make a decision right at the first meeting. They didn't even listen to him.

nutka178

How to behave correctly at the first court session and convince the judge of the need for a divorce

You can speed up the procedure with the mutual consent of the spouses. If the judges both answered the first question that they agree to a divorce, the decision is made immediately. But when one defendant is opposed, it will be necessary to provide evidence that living together is impossible. The compelling reasons are:

• confirmation of long-term separation (extracts from the house book, the fact of a change of residence permit, acquisition of a residence permit in another country, etc.);
• having a relationship with another person and intending to marry him;
• rude, threatening and humiliating behavior of the spouse;
• alcohol, drug addiction of the husband (wife);
• other significant circumstances that make life together impossible.

It is desirable to confirm all this with documents and testimonies.

Aggressive behavior of the husband will serve good reason expedite divorce

If you give a reason - alcohol addiction, then they will divorce without any problems. That's what I pointed out. My husband did not appear at the meeting, the judge told me, they say, I give a month to think. I say that I won’t live with him anyway, since he drinks. She says: “Okay, if so. Moreover, he did not appear at the meeting. And that's it, divorced)

Olga

http://www.woman.ru/relations/marriage/thread/4069733/

How to delay a divorce in court

There are three possible ways to delay a decision:

• not to attend court hearings;
• put forward reasoned objections to divorce;
• ask for reconciliation between the parties.

If you refuse to go to court, you can drag out the process, but indefinitely. If the defendant ignores the summons three times and does not present valid reasons that prevented him from attending the meeting, then the decision on divorce will be made in absentia, without him.

In the case when the spouse cannot participate in the trial due to objective circumstances, it is enough for him to send a petition to the court to consider the case without him or to resort to the services of a representative.

What is a petition for conciliation of the parties

At a preliminary hearing, spouses are asked if they agree to a divorce. If one of them is against, he will be offered to file a petition for a period of time for reconciliation of the parties.

It must be indicated in its text that the applicant considers the preservation of the family possible, clarifies why and asks for a period for reconciliation - a maximum of 3 months.

When is a marriage considered annulled?

After all hearings, the court makes a decision. The parties are only told the operative, most important part of it, and full text The parties can receive the document five days after the end of the trial. But the decision of the court is not yet legally binding. At this point, it is only necessary for the party that intends to appeal. You can receive a document with a note of entry into force only thirty days after the court makes a decision. This is the time for filing an appeal. Thus, general term waiting will last 35 days.

What does a court decision look like (example of a document)

The decision on divorce must contain the name of the court, the resolution on the dissolution of the marriage, indicating under which article of the law it was carried out and information on the entry into force. The text is certified by the seal of the court and the signatures of the judge and secretary, the spouses do not sign on it. You can take the decision in court.

The court decision is drawn up on plain writing paper and certified with a seal.

Extract from the court decision: why is it needed and how long is it valid

A court decision on divorce will be required, first of all, in the registry office. As a rule, it is not submitted in its entirety, but in the form of an extract. To do it, a separate application is written to the court office, you can take the certificate itself there. You can also order an extract by mail or online if you can’t come in person. The document has no restrictions on the validity period, but is issued within a few days.

Where and when can I get a certificate of registration of divorce

Having copies of the decision or extract in hand, the former spouses can apply to the registry office to register the divorce. It is usually possible to obtain a divorce certificate a month after the application, however, marital relations are terminated at the time the court decision enters into force. That is, if the decision on divorce was made by the court, say, on April 15, then the date on May 15 will be in the certificate of divorce, and this certificate will not be available until June.

The divorce certificate states that the divorce was by court order.

Reasons for rejection

The court cannot leave the marriage in force if one of the spouses categorically insists on his desire to divorce even after the expiration of the conciliation period. Only a male plaintiff can be denied a divorce if his wife is pregnant or if the child born in marriage is less than a year old.

Filing an appeal (appeal against a divorce decision)

You can challenge the verdict of the court within a month from the date of the decision. The text of the decision indicates to which court and until what time an appeal can be filed. However arbitrage practice indicates that the chances of a successful appeal are very low. The grounds can only be a violation of the procedure by the court or a decision in absentia when the spouse was absent from the court due to good reason and can prove it.

If the spouses change their mind about divorcing, it is easier to remarry than to cancel the court verdict.

Can a divorce be declared invalid?

The divorce is declared invalid by the court on cassation. The spouses will have to prove that the norms of the law and legal proceedings have been violated. Grounds for recognizing a divorce as invalid under the Code of Civil Procedure of the Russian Federation:

• the court of first instance incorrectly determined the circumstances relevant to the case;
• the trial court failed to prove the circumstances relevant to the case;
• the conclusions of the court of first instance, set out in the decision of the court, do not correspond to the circumstances of the case;
• the court considered the case in an illegal composition;
  absent any of the participants in the case, not informed of the place and time of the court session;
• other rules of judicial proceedings were violated during the consideration of the case.

Government duty

The state fee for the dissolution of marriage is paid by both the husband and the wife. For 2017, the amount of the fee is 650 rubles for each of the divorcing spouses. It is noteworthy that when a marriage is dissolved through the registry office, the amount remains the same. The point is that these cash are directed to cover the costs associated with the registration of the dissolution of marriage and the issuance of a certificate of divorce.

Divorce fees are paid by both spouses

Details for paying the state fee can be clarified at the reception or on the official website of the court that will consider the case.

Property division issues

As a rule, the division of property is carried out as part of the divorce process, however, the court may separate it into a separate proceeding if the interests of third parties are affected (for example, the division of an apartment, part of which belongs to a relative of the plaintiff or defendant). Not only the plaintiff, but also the defendant can file a petition for division, and this can be done at any time in the divorce proceedings.

Everyone knows that spouses have the same rights to jointly acquired property, regardless of what income each of them had. However, from this general rule the law provides for exceptions. If one of the spouses led an immoral lifestyle, abused alcohol, intentionally harmed property, then his share can be significantly reduced. But the spouse with whom the children will live after the dissolution of the marriage has the right to an additional share of the jointly acquired property.

Limitation period

The opinion that it is possible to file a claim for the division of property no later than three years since the dissolution of the marriage, - erroneously. The period of three years is counted from the moment the violations were property rights one of the former spouses.

Example: a year after the divorce, the husband sells a car purchased in marriage. It is from the moment of sale that a three-year period begins, when the wife has the right to demand to pay her half the cost of the car.

Video: how a divorce happens in court

The procedure for dissolution of marriage can hardly be called pleasant, however careful preparation and studying the issue will shorten the process and avoid many difficulties.

The legislation provides for two options for the termination of family relations through judicial procedure: in the magistrate's court and by applying to the court of general jurisdiction.

Divorce through the magistrate's court is made in the following cases:

• there is no dispute between parents about the place of residence of a minor child after the termination of marriage (for example, both spouses mutually agreed on all issues related to the upbringing and residence of common children);
• the statement of claim specifies the requirements for the division of property, which are within the jurisdiction of the magistrate's court.

Note!If during the divorce proceedings one of the spouses has claims that are not within the competence of the magistrate, the case will be transferred to the district court for further consideration on the merits.

What documents are required for divorce in the magistrate's court?

To consider the case on termination of family relations, the following package of documents must be submitted to the court:

• statement of claim in two copies (one for the court, the second for the defendant);
• a receipt confirming the payment of the state duty for the application;
• an identity document of the plaintiff;
• marriage certificate (original);
• copies of birth certificates of minor children (if any).

This standard list of documents may additionally be accompanied by other certificates and forms, the composition of which depends on the content of the claim. For example, when simultaneously making a requirement to establish maintenance obligation the claimant must attach:

• certificates of wages of the plaintiff and defendant, work;
• calculation and justification of the amount of alimony.

When resolving disputes about the place of residence and upbringing of a child, the parties will need to obtain acts of examination of housing conditions, which are entitled to draw up guardianship authorities. If this document is not provided by the plaintiff, it will be issued during the court session. Also, when considering disputes related to minor children, the following documents are required:

• characteristics from the place of work for each participant in the process;
• an extract from the house book of the defendant, the plaintiff or both spouses (this paper confirms the place of registration of the spouses - separate or joint, as well as the place of registration of children);
• agreement on children (if it was concluded by the spouses).

If these certificates were not submitted simultaneously with the statement of claim, the parties will have the opportunity to present them during the consideration of the case.

In the process of dividing property, the court needs complete and objective information about the composition of the assets of the spouses, as well as their actual value. To do this, you must attach to the statement of claim:

• list of joint property;
• title documents;
• marriage contract (if it was concluded during the period of family relations);
• agreement on the division of property (if the parties were able to come to a mutual agreement).

In addition, you need to get a report on market value property, which will be prepared at the request of citizens by a professional appraiser.

If the spouses do not plan to participate in court hearings, they can consent to the divorce in writing(if the defendant is unable or unwilling to participate in the divorce process), as well as a power of attorney for a representative.

Filing and execution of a claim (sample)

• the name and address of the judicial authority;
• personal data and contact information about the parties to the process;
• information about the marriage;
• information about the presence of common children;
• reasons for the termination of family relations (a formal reason can be indicated, since this has no legal significance for making a decision);
• claims submitted to the court.

Despite the relative simplicity of this type of claims, significant problems can also arise when filing and processing it. We recommend that you contact our experts if you have any questions.

How to apply for divorce in the world court?

An application for dissolution of marriage is submitted to the district judge of the peace corresponding to the address of the permanent residence of the defendant. However, in exceptional cases, directly statutory, you can file a claim at the place of registration of the plaintiff:

• if minor children actually live with the plaintiff;
• If medical certificates confirmed serious disease the plaintiff, which does not give him the opportunity to travel to another locality or region.

You can immediately attach a petition for consideration of the divorce proceedings to the claim without your personal presence, the law allows this.

Note!If the application for divorce is incorrectly executed, or the required documents are not attached to the claim, the judge has the right to leave the application without consideration, of which the plaintiff will be notified separately.

Within the procedural period allotted by the court, errors must be corrected, after which it will be considered filed on the day of its first adoption. If the shortcomings are not taken into account, the application will be returned to the plaintiff along with all attached documents. The claim will need to be re-applied to the court.

You can file a claim in person with the judge or by mail.

The procedure and terms for the dissolution of marriage by a justice of the peace

After the court has accepted the statement of claim, the parties will be notified of the appointment of the date and time of the hearing. By law, the trial is carried out within one month from the date of receipt of documents by the court.

The maximum duration of the divorce proceedings can be from one to four months. This is due to the right of the court to provide the parties with additional time for reconciliation and an attempt to resume marital relations (its period can be up to three months).

At the end of the process, the court issues a decision on the termination of the marriage, which will enter into force no earlier than one month after its adoption. If one of the spouses filed an appeal, the decision will take effect after it is considered by a higher court.

When the court decision comes into force, it is necessary to apply with a certified copy of this document to the territorial office of the registry office at the place of residence. After applying, the applicant will receive a certificate of divorce, which will become an official confirmation of the fact of its termination. Also, the registry office will put a stamp in the passport on the termination of marital relations.

So, if the preservation of family relations is impossible and the spouses decide to divorce through the courts, the following steps must be taken:

• prepare documents according to the mandatory list indicated above;
• draw up a statement of claim in court for the termination of marriage;
• pay the state duty;
• apply with documents to the judicial authority or send them by mail;
• wait for the appointment of the time and date of the court session;
• get a copy of the court decision in hand;
• apply to the registry office for a certificate of divorce.

Our qualified family litigation lawyers are ready to help you prepare for your litigation. In this case, the divorce proceedings will be carried out quickly, painlessly and in compliance with the procedural deadlines established by law.

ATTENTION! In connection with latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

Questions for lawyers

How to file for divorce through a magistrate?

We want to divorce our husband, we have minor children and some property that we would like to share. How can I file for divorce in the Supreme Court? What documents are needed for this?

Lawyers Answers

Belyaev Evgeny

Good afternoon. A statement of claim is submitted: a copy for the defendant, a marriage certificate, a receipt for payment of state duty, birth certificates of children. The statement of claim is submitted to the justice of the peace at the place of residence of the defendant, however, in accordance with:

Code of Civil Procedure of the Russian Federation Article 29.

Jurisdiction at the choice of the plaintiff 4. Claims for divorce may also be filed with the court at the place of residence of the plaintiff in cases where there is a minor with him or if, for health reasons, the plaintiff's travel to the place of residence of the defendant is difficult for him.

Kuznetsov Denis

If there is no dispute about who the children will live with and the value of the property is less than 50,000 rubles, then you need to: write a lawsuit, pay a state duty for a divorce of 400 rubles. and for the section depending on the value of the property, attach a marriage certificate and copies of children's birth certificates.

RF IC Article 22.

Dissolution of marriage in court in the absence of the consent of one of the spouses to dissolve the marriage:

1. Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.

Where to apply for a divorce?

Once a divorce has been decided, the question often arises as to where to apply for a divorce. This can be done either through the registry office or through the courts. The first method is simpler, but it is not possible in all situations, therefore, the second option is used more often when a marriage is dissolved. The relevant application and documents for divorce through the court must be submitted directly to the judicial authorities.

As stated in the RF IC, divorce by going to court becomes a necessity for citizens in cases where:

1. The other spouse does not want to give his consent to the divorce procedure at the registry office.
2. The other spouse actually agrees to the termination marriage union, but all possible ways avoids visiting the registry office for the legal registration of the divorce procedure.
3. Citizens who are married have a minor child.

1. 1. An application made by the plaintiff in free form, in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, must include the following data:
   • the full name of the judicial authority that is the addressee of the document;
   • information about the plaintiff (his full name, place and date of birth, address of residence and registration, passport details);
   • information about the defendant (his full name, place and date of birth, address of residence and registration, passport details);
   • place and time of marriage, which should be dissolved on the basis of judgment(at the same time, it is necessary to confirm the specified information by indicating the details of the document on marriage between the parties);
   • information about common children, details of their birth documents;
   • information about attempts pre-trial settlement the issue of divorce and other disputes related to this procedure;
   • a complete list of documentation that was attached by a citizen who applied to the judicial authorities for divorce to the statement of claim (you can download a sample application for a divorce to the court on our website).
2. Passport of the citizen acting as the plaintiff.
3. Receipt of payment of the state fee (see "How much does a divorce cost: state fee for a divorce in 2017-2018 (court, registry office)?").
4. A document confirming the fact of marriage, in the original copy.
5. Birth certificates of all common minor children of the spouses. These documents can be submitted both in the form of originals and in the form of notarized copies.
6. Certificate of family composition from the management company at the place of residence of the plaintiff, which confirms the fact cohabitation child with spouse.
7. Documents specifying the size wages each of the parties (if, simultaneously with the dissolution of the marriage, the issue of assigning alimony is resolved).
8. A marriage contract between spouses.
9. Statement of consent of the other spouse to divorce, which was certified by a notary. Such a paper is submitted to the judicial authorities, if the defendant does not have any objections to the fact that the court will terminate his marriage with the plaintiff. As a rule, in the application, the spouse acting as the defendant indicates:

• your full name;
• date of birth;
• Place of Birth;
• location;
• consent to divorce;
• information about the place and time of marriage;
• details of the marriage document;
• the number of the entry on the conclusion of the marriage union made in the registration documents;
• information about the second spouse;
• information about the existence of property claims against the spouse;
• date of preparation of the document;
• personal signature.

Documentation of the property owned by the plaintiff (see “How is property divided in a divorce? How are loans divided in a divorce?”). It is accepted by the court in cases where, along with the application for divorce, the plaintiff puts forward an additional application containing any requirements property nature in relation to the defendant, including the requirement for his obligation to pay alimony.

How to file for divorce unilaterally? What do you need to file for divorce in this case?

For one reason or another, situations arise when one of the spouses decides to dissolve the marriage unilaterally? The legislation of the Russian Federation, in particular Family code(Article 18), does not deprive citizens of such an opportunity, subject to the established requirements. You can do this in two ways:

• out of court;
• judicially.

In the first case, unilateral divorce is possible only in cases strictly defined by law: when the second spouse is recognized as missing, depriving him of legal capacity or sentenced to real imprisonment for longer than 3 years.

If the spouses are not able to solve the problem peacefully, it is resolved in court. In Art. 17 of the UK states that a divorce will not take place only on the condition that a pregnant woman does not give consent to it or if the family has a child under the age of one.

If there is a notarized application from the absent spouse, a unilateral divorce is also possible through the registry office. It is also possible in the event that the second spouse is sentenced to real imprisonment for a period exceeding 3 years, is recognized as missing or is incapacitated.

After the judicial authorities accept the application, the plaintiff will receive a document on the appointment of a court session. At the same time, the plaintiff should remember that the decision on divorce is made by the court within 1 month from the date of filing the relevant application.

Judgment in a divorce case

Divorce without mutual consent

Litigation in a divorce case is appointed on the basis of a statement of claim filed in accordance with the procedure established by law. The court may decide to terminate the marriage union if further marital relations between citizens are impossible.

Wherein government bodies have the right to take a number of conciliatory measures aimed at restoring the marriage so that citizens refuse to divorce. In such cases, the proceedings may be adjourned. Maximum term, during which the spouses may refuse to dissolve the marriage, should not exceed 3 months. If all the measures taken to reconcile the spouses did not bring desired results the court dissolves the marriage.

Divorce by common consent

If each of them agrees to the dissolution of the marriage, the court decides on the divorce of the parties. In this case, the decision is made without clarifying the reasons for the divorce. Citizens can present an agreement on children to the court; if such a document has not been drawn up, then the court independently takes measures to protect the interests of children.

The agreement on children usually contains information about:

• with whom the child will live;
• what is the procedure and amount of alimony paid for the maintenance of the child;
• What are the conditions for the division of property?

Divorce Registration

After the court makes a final decision on the divorce of the parties, it must be registered with the registry office. The court sends an extract from the relevant decision to the state bodies that register the marriage of citizens no later than 3 days from the date of its entry into force.

After the registration authorities issue a record of divorce, citizens are issued a certificate of divorce. Until it is received, persons cannot enter into new marital relations.

Thus, to start the divorce procedure, the initiating spouse needs to collect a package of documents, draw up an application and submit all the documentation to the court for consideration. The final decision of the judicial authorities that accepted the documents from the plaintiff depends on the correctness of filling out the application, the completeness and reliability of the information provided.

How to file for divorce online?

IN Lately you can file for divorce via the Internet, and this service is already quite in demand. In this case, it is enough to visit the public services portal: here you can apply directly to the registry office, provided that there are no joint minor children and property claims from one of the spouses. In all other cases, an online application is submitted to the courts.

As for the state duty, here you can also pay it in a way convenient for you (electronic currency or bank card), and print out a receipt for its payment.

The main advantage of this application option is that you will be able to significantly reduce the time spent and save your nerves, as you will not have to stand in huge queues.