Divorce is an unpleasant event in people's lives. But, in addition to the painful emotions that accompany it, one has to deal with compliance with the regulated divorce procedure - step-by-step and strictly regulated actions that must be followed so that the process does not stall and is completed as quickly as possible.
The procedure for divorce - what it consists of, and what nuances of preparation for it must be observed - we will talk about this in the article.
What are the divorce procedures?
The Family Code provides for two options for divorce:
- In the registry office;
- In court.
Each of them has its own characteristics, different terms for consideration of applications and, most importantly, various packages of documents that a spouse wishing to divorce will need to provide in order for the divorce to take place without unnecessary problems and delays.
Divorce in the registry office is considered the fastest and most painless for former spouses, since it does not require personal participation, therefore, personal communication. This is especially significant if the relationship between spouses is strained to such an extent that they do not want to communicate with each other.
Divorce litigation is a much more common procedure that cannot be avoided if spouses have joint (adopted) children and cannot independently divide the property they have acquired over time. life together, or one of the spouses does not want to dissolve the marriage.
How does the divorce procedure work?
There are two options for divorce through litigation:
- By appealing to the magistrate;
- Divorce in the district (city) court.
The differences between these divorce procedures are procedurally the same. But there are restrictions imposed by the Code of Civil Procedure of the Russian Federation on the value of declared claims for the division of property - the magistrate considers only those claims in which the value of the property divided between divorcing spouses does not exceed 50,000 rubles.
The second limitation is the absence of a dispute between spouses about which of them will have born (adopted) minor children. Disputes about the fate of children are subject to consideration only by judges of the district (city) court.
The divorce procedure consists of the following sequential stages:
Contents of the application for divorce
The divorce procedure begins with filing an application with the appropriate court. The initiator can be one of the spouses, or both, by submitting appropriate applications.
Application for divorce, in addition to the required details:
- Name of the court;
- Last name, first name, patronymic of the applicant;
- Registration and actual residence addresses;
- Last name, first name, patronymic of the second spouse;
- His registration address and actual place of residence.
- They didn't get along;
- Rude attitude;
- Alcoholism or drug addiction of the second spouse;
- Domestic troubles caused by the lack of your own apartment, lack of funds, inability or unwillingness of the second spouse to participate in running a joint household.
There may also be reasons of an intimate nature related to the sexual life of the spouses or behavior that violates moral standards accepted in modern society - adultery, non-traditional sexual orientation of the second spouse.
In this case, the law does not require a literal statement of the reason. If the applicant nevertheless decides to do this, he at the same time has the right to submit a petition to the court to consider the divorce proceedings behind closed doors - without the participation of third parties and witnesses in the case.
If the statement of claim for divorce includes a requirement to consider the fate of joint minor children, their full names should be indicated. and age.
The formulation of demands to leave children with the applicant (one of the parents) must be motivated.
To do this, in the statement of claim, in addition to the desire for the children to stay with the plaintiff, it is necessary to provide evidence of the ability to provide them with a place to live (living space that belongs to the plaintiff), prove the sufficiency of funds and the existence of a permanent source of income that will provide the parent and children with income, not below living wage established in the region of residence, the opportunity to participate in the care and upbringing of children, to refer to their personal affection.
This is especially true for children over the age of 10, since when making a decision, the court takes into account the interests of the children and takes into account their opinion expressed in court - with which parent the child wants to stay.
When including claims for division of property in the statement of claim, it is necessary to indicate (list) all the property that the applicant is claiming. At the same time, it is advisable not only to indicate, but also to document the fact of acquisition of this property during the period cohabitation in a marriage registered with the registry office. It should be remembered that property acquired by each spouse before marriage, or gifted (inherited) to one of the spouses during the marriage is not subject to division.
When filing a petition for alimony, you must provide evidence of the solvency of the second spouse. If he does not have a permanent job or other sources of income, he should petition the court to assign a fixed amount of alimony for the maintenance of children or a spouse who is pregnant or caring for a child under 3 years of age.
The application should not miss the fact that the applicants themselves have the right to request alimony for maintenance from the second spouse. This is possible in cases where permanent disability occurred during the marriage or within a year after its dissolution, and the spouse applying for alimony has income below the subsistence level.
Preparation of documents
Having set out all the claims in the statement of claim, each of them must be supported by relevant evidence. If there is no documentary evidence, petition the court to call witnesses who can reliably confirm the requirements set out in the application.
Typically, a package of documents for divorce consists of:
The greatest difficulty for the applicant is the preparation of documents that are designated as “other”.
It is their collection and proper registration that is most difficult to deal with. This often requires the involvement of a family law attorney.
These may include:
- Documents confirming ownership rights to real estate (apartment, house, commercial property, land plot);
- Documents confirming the fact of the purchase of vehicles at the applicant’s expense (it should be remembered that a vehicle registered in the name of one of the spouses and registered with the State Traffic Safety Inspectorate, purchased with joint funds, is subject to division);
- Documents confirming that the spouses have securities (shares) that can be registered in the name of one of them;
- Evidence of the existence of sources of income for the second spouse, which are not declared by him and are not taken into account by the tax authorities, the Pension Fund of the Russian Federation and the Federal Security Service;
- Sometimes it is necessary to establish the location of the second spouse, who is hiding, not wanting to dissolve the marriage.
Further course of the divorce process
After all the documents have been collected, the state fee has been paid and the application has been accepted by the court office, after the expiration of the procedural period, which cannot be less than 1 month, the first hearing is scheduled - a conversation.
Both spouses are invited to attend.
During the conversation, the court establishes the true motives that led to the divorce and takes measures to reconcile the spouses. To do this, they are given a period of 1 to 3 months.
If during this time the spouses do not resume marital relations and at least one of them insists on divorce, the court will begin to consider the case on its merits.
During the court hearing, the arguments of first the plaintiff (his representative) and then the defendant (or his representative) are heard. If we are talking about deciding the fate of minor children, then children who have reached the age of 10 years are invited to the court (or the materials of the conversation are read out) so that they confirm which parent they would like to live with.
After this, the court begins to study the evidence presented. During this procedural action, each party has the right to present its own evidence or challenge the evidence presented.
If necessary, the court calls and interrogates witnesses of the parties.
After studying the materials on the case, the parties begin debate. In them, they can once again present their vision of options for resolving the dispute, confirm or refute previously stated requests.
After the debate, the court retires to deliberate.
A decision in a case made by a district (city) or magistrate judge can be appealed within 10 days from the date of its adoption.
If the decision is not appealed within these deadlines and neither party has declared the restoration of the missed deadlines for valid reasons, the divorce process in court is considered completed. The decision on divorce comes into legal force and within 3 days is sent to the registry office at the place of registration of the spouses to issue certificates of divorce. From this point on, the spouses are no longer considered married.
Greetings, dear readers!
Unfortunately, many married couples experience some problems in relationships, they have conflict situations that can lead to an undesirable end - to divorce. In such circumstances, it is important to act wisely. What should you know so that the divorce does not drag on for many months or years, and goes quickly and without unnecessary worries? It is necessary to familiarize yourself with a specific action plan for such cases and comply with a number of regulations provided for by law Russian Federation.
Important nuances during divorce
An official marriage is a relationship between a man and a woman, which is legally enshrined in the registry office.
Typically, divorce proceedings concern two important parties:
- common children;
- jointly acquired property.
The above-mentioned problematic issues can be resolved peacefully - by achieving mutual agreement between the spouses; if one party has any objections, then only a trial will help resolve all the issues that have arisen.
The court, having the necessary competencies, will determine how and with whom the children will live, resolve issues about their future maintenance, and also divide the property of the ex-husband and wife. It should be noted that not always both spouses are ultimately satisfied with the court's decision.
When reviewing the issue regarding joint children, you need to take into account some subtleties:
- most often children remain to live with their mother;
- a child who is 10 or more years old has the legal right to express his point of view in court about with whom he wants to live after the divorce of his mother and father;
- the parent with whom the child will not live after the divorce legally pays money for the maintenance of the child.
The issue of division of acquired property has the following features:
- property acquired jointly during marriage is equally distributed between the spouses;
- the party that did not make a monetary contribution to the common capital due to being busy with household chores and caring for a child is not deprived of the right to claim property;
- Property that became the property of the parties before they entered into a marriage relationship, as well as property transferred as a gift or received by inheritance, is not subject to division.
Important! It is possible to resolve issues without court intervention if an agreement is reached between the spouses. It is necessary to draw up a document on the agreement of the parties, certified by a notary
According to the laws of the Russian Federation, only three authorities are authorized to consider divorce cases.
These include:
- district court;
- MARRIAGE REGISTRY;
- world court
Appealing to each of the authorities has corresponding rules that should be taken into account by divorcing people.
Through the registry office
The least time-consuming is divorce through the registry office. You must have with you the documents required by law, a completed application and a receipt with the paid fee.
Termination of relations through the registry office is available on the following grounds:
- absence of common children and disagreements over property;
- one of the spouses has been declared missing by the court;
- the court declared one of the spouses incompetent;
- one of the parties has a sentence of imprisonment of up to three years.
You can get a divorce at the registry office at your place of residence or at the registry office where the marriage took place. A month after filing the documents, an official form confirming the divorce is issued.
Judicial divorce
Divorce can be effected by filing an application with one of the authorities: the district or magistrate court. The simplest and fastest way would be to dissolve a marriage through a magistrates' court. IN district court You will have to spend not only a lot of time, but also nerves.
Regardless of the chosen court, the procedure for preparing for court is identical:
- filing an application (claim);
- verification by court employees of the documents presented to them and the subsequent appointment of a hearing date;
- consideration of the case and making a decision;
- notification of a court decision by the registry office, which issues a certificate of termination of a legal marriage.
The main document with which the divorce procedure begins is the statement of claim.
This document should be drawn up carefully, following the law of the Russian Federation, and correctly state all the circumstances of the case and the necessary requirements.
The submitted application must include the following items:
- name of the judicial authority to which the applicant applies; information about the parties involved in the trial;
- information about marriage, presence/absence of common children, property;
- applicant's requirements.
The application must be submitted at the place of residence of the defendant, unless the plaintiff has valid reasons for filing a claim in court at his place of residence.
The court will consider all the circumstances of the case and assign the couple a time for reconciliation, which is three months.
A major difficulty in divorce is the presence of children who have not reached the age of majority. After the parents separate, the child will remain with only one of them. IN best case scenario the child will sometimes see and communicate with the second parent who does not live with him, but this will no longer be the family that the child wants and should have.
You should think everything over before making such a vital decision for the child and the family as a whole. As practice shows, during a divorce, most often children stay with their mother, but this also radically changes the child’s usual lifestyle, since after such life events mothers move to a new place of residence, which leads to a change kindergarten or school, a familiar environment for children.
Due to divorce, the relationship between mother and child also does not undergo the best changes. It is very difficult for mothers to raise children, both morally and financially. The alimony paid by the child's father is not always enough for a normal life, so single mothers get a job, and sometimes more than one.
The interests of the child come first
Based on the Family Code of the Russian Federation (Part 2, Article 24), the court must, first of all, resolve the issue of with whom the common children will live after the divorce. This procedure takes place if the parents were unable to reach an agreement on this issue on their own.
The age of the children, the nature of their relationship with each parent, the degree of their attachment to mom and dad, and the personal characteristics of the parents are taken into account.
If the child has reached the age of ten, then the court will take into account his opinion about who he wants to live with in the future.
But the court will also necessarily analyze whether they contradict the interests and well-being of the child and his future life.
The courts take seriously what the parents’ income is, what their health is, how busy they are at work, and their marital status. When choosing a legal guardian, the court will not give preference to the parent with the highest income, since all the factors described as a whole are important. A parent can provide for a child in full, but will he devote the same amount of time and love to him?
Alimony payments
Alimony is money for the maintenance of children or one child, which is paid by the parent who did not stay with the children. Former spouses can resolve this issue independently or in judicial procedure. If the problem is resolved without a trial, then the parents must certify in writing the order of child support payments, have the document notarized and submit it to the hearing.
It should be remembered that child support is used for the needs of the child: kindergarten, school, clothing, food, etc. You cannot spend money on everything that does not benefit the child.
When drawing up an agreement to pay child support on their own, parents must agree on the needs of the children for which money will be needed. If the issue is considered through the court, then the amount will be determined by a legal decision of the court in accordance with the child’s previous standard of living, which will also take into account all the needs of the children, the financial situation of the parents and other important factors.
If the children are left with one of the parents who believes that the amount of alimony prescribed by the court is not enough for a decent existence for the child, then he has the right to calculate and prepare a version of his budget. The other parent should be familiarized with the new budget for the child. The parent drawing up the budget must present all or almost all possible future expenses for the child, indicate for what purpose this or that amount of money is required. Next, you need to reflect all this data in the divorce application. If a party is represented by a lawyer at trial, then it is imperative to notify him of the prepared budget.
Certificate of entry into the register
When calculating the budget for children, you need to include in it a number of expenses such as payment of a loan or rent, transportation costs, bills for telephone services, television, and other expenses that are directly related to children's needs: clothing, medical services, payment kindergarten, school, creative clubs, etc. It is imperative to indicate the level of your own income in the budget you are drawing up.
If there is no written agreement, the court collects alimony from the child on a monthly basis, starting from the moment the corresponding document is filed with the court. statement of claim.
Amount of alimony: for one child - 1/4 of the salary or other income of the paying parent, for two children - 1/3, for three or more - 1/2.
Depending on the circumstances, the amount of alimony after a divorce process may vary - up or down.
What you need to know about property division
When to start dividing property acquired by spouses? As the experience of recent years shows, the sooner the divorce process begins, the greater the chance that everyone will receive that part of the property that rightfully belongs to them. When a lot of time passes since the divorce, the amount of hard evidence that is so necessary in court proceedings decreases. People change their place of residence, lose important documents, checks, receipts and other significant papers from a legal point of view.
One more nuance. Everything jointly acquired is subject to division taking into account the market price in force during the process, thus, the more time passes, the less the applicant will receive, because the condition of things deteriorates, and their value, accordingly, rapidly falls. Take a car, for example. Usually it is used by 1 person. Accordingly, if there is a discord in the family, which cannot be resolved, only one person will drive a car - either the husband or the wife. The opposite party will not receive any compensation for the extra kilometers driven, and if by the time of the trial the car is quite worn out, it will receive only half of the price of the car.
The sale of jointly acquired property can be carried out without the written consent of the ex-husband or wife. A ban on this will only be given by an official ruling after a trial. The maximum you can get is half the sales price, which (a common practice of reduction for tax savings) is often noticeably lower than market prices.
Along with all of the above, the following should be remembered. It cannot be ignored that the time frame for judicial division of property is usually several months. If the opposite party behaves improperly in the dispute, the specified period may increase. Thus, if the division is postponed, because at the moment there is no reason to rush, you should remember: it will not be possible to quickly resolve a property dispute, even if there are compelling reasons that cannot tolerate delay.
Every divorce has its pitfalls. It may also happen that all passions subside. In this case, the division of property will occur quietly and immediately, by agreement of both parties.
The conclusion is that preparation for resolving a property dispute should be made on the basis of a sober and clear calculation, with an advance assessment of any risks for the said case.
It is worth considering that the property interests of former legal spouses are completely different. If for one person the speedy division of what they have acquired is a profitable move, then for another, on the contrary, it will be better if the process drags on for a long time. Everyone has the right to look after their own interests and their own benefit. If delaying the division of property is beneficial, a person has the right to use any measures to achieve the goal he needs. There are no penalties for such actions.
What to do first
Based on the experience of recent years, we can conclude: the faster the process of divorce of spouses takes place, the greater the chances of receiving the property deserved by each of them. Over time, witnesses forget important testimony, which means getting what they want remains less and less likely.
It is not recommended to delay the division of property for a long time and in connection with the beginning of the expiration of the statute of limitations, equal, in accordance with Art. 38 of the RF IC 3 years from the date of dissolution of the marriage relationship. In some cases (in particular, when dividing property with a disputed transaction), such a period will be only 1 year.
The division of property after divorce involves some characteristic features. It is possible to sell jointly acquired property without the documented consent of the ex-spouse. However, it will be possible to receive only 50% of the purchase price, which is often clearly lower than market prices.
In addition to the above, there are other points. We must not forget that the time frame for judicial division of property is usually a couple of months. In case of incorrect, prohibited behavior of one of the parties participating in the litigation, this period may increase in the dispute. If the process is postponed, you need to remember: it will not be possible to resolve a conflict over property at lightning speed, even if there are circumstances that do not tolerate it.
Any divorce process is accompanied by its own nuances. If it becomes possible to divide everything peacefully, without going to court, this means that preparations for resolving a property conflict should be carried out on the basis of competent and unemotional calculation, with a preliminary assessment of all risks and aspects of the case.
Division of property before and after annulment
According to the laws of the Russian Federation, former spouses have the right to divide acquired property into two equal parts if each of them is satisfied with this option. It does not matter to whom the documents on property and personal belongings are issued.
If it was possible to reach a common agreement, then it is possible to divide the property as desired and beneficial to both parties to the process, up to the transfer of only one party - the wife or husband.
During the judicial division of property, you can receive a significant part of, say, an apartment, if evidence is presented in court that the personal funds of only one of the spouses took part in the purchase (donated by relatives, inherited, savings accumulated before marriage). In rare cases, a judge may award one of the parties more if it is proven that the other party is parasitizing or if there are special interests of children.
Acquired property is divided by assigning shared ownership to it or by transferring to each of the spouses various things of the same value, or by transferring property items to one with an additional payment monetary compensation for another. Judges decide what and to whom to award, taking into account the established procedure for using assets and the needs of the parties.
Algorithm of actions
In 2017 Family law allows the issue to be resolved in several ways:
- division of acquired property with the help of the court;
- division of property by mutual agreement of the parties (without trial;
- without division of property, if both parties have no objections).
You should go to court if the spouses tried to reach a mutual agreement, but this did not happen. There are also cases when one of the spouses avoids dialogue, so division of property by agreement is impossible. In this case, the parties to the conflict will face a trial, where they must follow the procedure for filing claims, presenting evidence and various types of objections. In court, such cases are completed after a court decision is made, from which it becomes clear who will own what in the future.
Spouses in the legal proceedings represent opposite parties - the plaintiff and the defendant. The Civil Procedure Code of the Russian Federation provides for all the rules by which disputes between the parties are carried out in court.
The court considers and decides civil cases, having only one goal - to establish the truth, but of a formal nature. Thus, it becomes obvious that the winner will be the side that presents the most significant set of evidence, who is most privy to all the nuances and depths of the laws, the one who understands the dynamics of legal proceedings, and not the side that, from the point of view of humanity, is right and may cause sympathy. This is the principle of adversarial behavior of the parties, established by Article 12 of the Code of Civil Procedure of the Russian Federation.
Legal proceedings between husband and wife are known to be accompanied by the use against each other of what was revealed to them during their marriage. family life, long before quarrels and divorce. People try to exert emotional influence to make their opponent feel worse, they try to make him angry. After this psychological pressure a person may not cope and make many mistakes, say something unnecessary at court hearings. Therefore, you should use the help of a qualified lawyer who will represent your interests in court and will not allow anything that contradicts the laws of the Russian Federation.
The division of property by mutual agreement is carried out using a special transaction called a property division agreement.
You can conclude such a document and formalize the agreement at any time after the divorce.
By mutual agreement of the parties, it is possible to divide all or part of the property and resolve the issue of how long the former spouses are obliged to transfer divisible property items to each other. Property can be divided in unequal parts. When making an agreement, ex-husband and the wife are ordinary citizens, which gives them the right to use, in addition to family law, also the norms of civil law on contracts (link agreements with other types of contracts, identify penalties, jurisdiction, etc.).
In addition to everything described above, one more thing should be noted possible option solutions to the problem under discussion. Will help resolve the issue of property division marriage contract, concluded between spouses. Such a transaction can be carried out before the legal registration of the dissolution of the marriage relationship between people. Marriage contract also has a number of pros and cons, which should also be carefully read before its conclusion, so that there are no unpleasant proceedings later.
Divorce in which property is not divided
All property acquired jointly during marriage has a special status and is called the common joint property of the spouses.
The legislation of our country allows maintaining this status regime of property even after the termination of official relations between people. Speaking in simple language, this means that if the property was not divided, it means that all property, as before, is common. The parties can file a claim or enter into an agreement on the said property after a year, after 5 years, or even after decades.
Starting from 2017, you should pay attention to some nuances:
- after three years, one of the former spouses may declare that the statute of limitations has expired when filing a lawsuit with a desire to divide things;
- This form of property ownership was created specifically for people who are ready to live together even after the dissolution of marriage, for people who, in ordinary everyday life, act by mutual agreement without infringing on the rights and interests of another person.
For many, the incomprehensible situation with property leads to excessive emotionality, stress and unnecessary conflicts. Perhaps such people can be understood, because once they come to their own home, they can meet, for example, a new husband ex-wife! And in such a situation, you cannot expel a person, while declaring rights to this apartment, since this is common property, and everyone has the right to do what they like and like.
Time limits for consideration of an application for divorce
The civil legislation of the Russian Federation (Article 154) establishes the following deadlines for consideration of filed claims in court:
in a district court – up to two months;
in the magistrate's court - up to one month.
The trial does not always meet the deadlines. Sometimes defendants deliberately delay the legal process, stating that they need to issue a certificate, which takes a significant period of time, etc.
Important! According to the laws of the Russian Federation, the process of dissolution of an official marriage can begin only after payment of funds for the declared amount of the fee. The amount of the duty is fixed in the tax legislation of the Russian Federation in articles 333.19 and 333.26.
Conclusion
It should be remembered that it is better to resolve any quarrel or family conflict peacefully by achieving mutual consent of family members. Divorce is not associated with pleasant emotions, it is accompanied by the unhappiness of people, the tears of children and parents, but for a while it is better to try to abstract from your own experiences and tune in to the positive.
Parable about divorce in video:
Material publication date: 02/28/2020
Last update: 02/28/2020
Everyone knows that divorce is a very complex process that takes a lot of effort and time. How to file for divorce correctly so that everything goes quickly and as painlessly as possible? Read about it in our new material! And if after reading the article you still have questions, you can always use our specialists.
Registration of divorce: registry office or court?
What is the difference between divorce in the registry office and divorce in court? In order to answer this question, it is necessary to refer to the current family legislation.
So, in accordance with Art. 19 of the RF IC, divorce in the civil registry office can be carried out only with the mutual consent of spouses who do not have common minor children.
In addition, you can get a divorce through the registry office if your spouse:
- Sentenced to imprisonment for a term of over three years;
- Recognized as missing;
- Declared incompetent.
Pay attention! In these cases, divorce is carried out at the civil registry office upon the application of one of the spouses, regardless of the presence of common minor children.
If, during the divorce through the registry office, the spouses have disputes (for example, about children or the division of common property), then they will be considered in court regardless of the divorce in the civil registry office (Article 20 of the RF IC).
As for divorce in court, then, according to Art. 21 of the RF IC, it is carried out in the presence of common minor children, as well as in cases where one of the spouses refuses or evades divorce in the civil registry office.
Divorce through the registry office: step-by-step instructions
To divorce a marriage through the civil registry office, we recommend following the following algorithm:
Step one: drawing up an application for divorce
If you and your spouse have mutually agreed on a divorce, you need to fill out an application in Form No. 8.
If only one of the spouses submits an application for divorce to the registry office, then he fills out application form No. 9.
Step two: payment of state duty
Step four: obtaining a divorce certificate
In accordance with the provisions of Art. 19 of the RF IC, divorce and the issuance of the corresponding certificate must be carried out by the civil registry office within 30 days from the date of filing the application for divorce.
Divorce through the court: step-by-step instructions
To dissolve a marriage in court, we recommend following the following algorithm:
Step one: preparing a statement of claim for divorce
The application must indicate:
- Name of the court to which the application is filed;
- Details of the plaintiff (full name, place of residence, contact telephone number);
- Defendant's details;
- Information about the marriage (indicate when and where the marriage was registered);
- Information about common minor children;
- Reasons for divorce (in the absence of mutual consent to divorce);
- Other requirements (for example, for the collection of alimony);
- Cost of claim;
- List of documents attached to the statement of claim.
Pay attention! If you are having difficulty drawing up a divorce application, you can download our sample and use it as a basis for filing your own statement of claim.
Step two: preparation necessary documents
The following package of documents must be attached to the statement of claim for divorce:
- Passports of both spouses;
- Marriage certificate;
- Birth certificate of the child(ren);
- Receipt for payment of state duty (650 rubles).
Pay attention! The article provides an approximate list of documents, which may vary depending on the situation.
Step three: going to court
At this stage, you need to determine in which court you will file your divorce petition. An appeal to the magistrate's court is required if:
- You and your spouse are not arguing about the children;
- You are making a demand for division of property (if the cost of the claim does not exceed 50 thousand rubles).
In other cases, it is necessary to contact the district court.
Pay attention! By general rule, the claim for divorce is filed with the appropriate court at the place of residence of the second spouse. However, if you have a minor child with you, you can file a claim at your place of residence.
Step four: participation in the court hearing and obtaining a court decision
At this stage, the judge must listen to the views of the parties and make a decision on divorce.
Within three days from the date the court decision enters into legal force, the council sends the corresponding extract to the registry office at the place of marriage.
Step five: contact the registry office
To obtain a divorce certificate, you need to contact the registry office at the place of marriage (or place of residence). In accordance with Art. 38 of the Federal Law “On Civil Status Acts”, a divorce certificate is issued to each spouse.
Pay attention! Former spouses can apply to the civil registry office both together and separately.
The marriage is dissolved in court if you:
- have minor children;
- there is no mutual consent to divorce (regardless of the presence of joint minor children).
If you do not have minor children and there is mutual agreement to divorce, or if your spouse has been sentenced to more than three years, is declared missing or incompetent, you need to contact the Civil Registry Office directly.
2. How to file for divorce in court?
To dissolve a marriage through court, you will need the following documents:
- About divorce:
On divorce and division of property:
">statement of claim;If everything is in order with the documents submitted to the court, you will be given a date for consideration of your case within two weeks.
3. What happens in the courtroom?
If at a court hearing both spouses (in person or through representatives) come to a mutual agreement to dissolve the marriage, the court will issue a divorce decree after the first meeting. If one of the spouses refuses to divorce, the court will give a period of one to three months for reconciliation.
If the opinion does not change by the second meeting, the court will decide on divorce and issue a corresponding decree.
If the spouse (or his representative) who does not want to dissolve the marriage does not come to court three times, the marriage will be dissolved without his participation after the third meeting.
4. Do I need to go to the registry office then?
Yes, it is necessary. Once you receive a court decision and it enters into legal force, you will no longer be considered husband and wife, but you will need to register the fact of divorce and obtain divorce certificates. You will need:
- identification document;
- a copy of the court decision on divorce (it must enter into legal force);
- If you are divorcing by mutual consent, each spouse must pay the state fee. When divorcing a marriage with a spouse sentenced for more than three years, recognized as missing or incompetent, the state fee is paid only by the one who files for divorce.
Information about payment is posted on the Civil Registry Office management page on the website. Some are exempt from paying state duty.
You can pay the state duty at any bank.
According to Law No. 210-FZ “On the organization of the provision of state and municipal services” of July 27, 2010, you are required to pay the state duty, but you have the right not to present a receipt.
">receipt on payment of state duty; - power of attorney for a representative (if you are unable to submit documents in person. The power of attorney must be notarized);
- enhanced qualified electronic signature of both spouses (if the application is submitted through the government services portal).
You can submit documents for divorce to the Moscow Civil Registry Office at your place of residence or at the place where your marriage was registered. If the application is joint and you do not have minor children together, the application can be submitted electronically on the public services portal. A divorce certificate will be issued on the day of application.
If the divorce has already been registered by one of the spouses, it is advisable (but not necessary!) for the second spouse to contact the same registry office department.
5. How to divorce a foreigner?
It is possible to dissolve a marriage with a citizen of another country or a stateless person permanently residing in the territory of another state both in Russia and abroad. But if your husband (your wife), despite foreign citizenship, permanently resides in Russia, you need to get a divorce on the territory of the Russian Federation.
In Russia, the procedure for divorcing a foreigner is no different from divorcing a citizen of the Russian Federation. Except that all documents on foreign language must be legalized (unless otherwise provided by international treaties of the Russian Federation) and translated into Russian. The accuracy of the translation must be certified by a Russian notary.
If you decide to get a divorce on the territory of a foreign state, do not forget that the marriage will be dissolved according to the laws of that state. If they do not contradict the laws of the Russian Federation, the divorce will be considered valid in Russia. However, the document will need to be legalized for further use on the territory of the Russian Federation (affix an apostille or undergo consular legalization).
These circumstances must be proven in court.
Everyone has problems in the family. And they often end in divorce. Divorcing spouses do not always manage to behave correctly. In this situation, it should be remembered that during a divorce, the main thing is a competent approach. How to properly divorce your husband without nerves and unnecessary hassle? This can be done if you follow certain rules and tips.
According to statistics, every third marriage breaks up. Currently, this procedure does not take much effort and time, especially if the divorce occurs with the consent of both spouses who do not have children under 18 years of age.
It will be much more difficult if the family has young children and property that was acquired through joint labor, since not all separating spouses can divide the property correctly and without disputes.
According to statistics, divorces are usually initiated by women. Men, on the contrary, strive to preserve their family and life together. Children are usually the ones who suffer the most in divorces.
After all, they have seen their parents together since birth. For the child, the current situation is abnormal, because he cannot understand why mom and dad want to live separately.
In addition to this misunderstanding, the child suffers mentally, and most often the parents themselves are to blame for this. Adults can behave incorrectly: become offended and angry, involve children in insults, turn them against each other, limit communication.
These actions are contraindicated for a child. Therefore, the first thing to do during a divorce is to try to maintain a neutral relationship with your spouse if you cannot remain friends. If you want to know how to divorce your husband, remember the first rule: divorce should not separate children and father. Each situation is individual, but here it is important to know that the father has absolutely the same rights to the child as the mother.
Divorce documents
Once you have prepared yourself mentally and calmed down, learn the steps you need to take before starting the divorce process. If the spouses were unable to maintain a social unit, they only have to file the divorce correctly from a legal point of view.
First of all, you will need to prepare a set of necessary documents. In this situation, it is very important how long the marriage lasted and whether there are children in the family.
If the spouses lived together for a short time and did not have time to have children, then the divorce process will be extremely simple and require a minimum number of documents.
Spouses must provide to the registry office:
- civil passports;
- receipt of payment of state duty;
- marriage certificate;
- application for divorce.
Documents should be submitted to the registry office located at the place of residence of the spouses. IN in this case in 1 month the spouses will be divorced. It is important that the divorce occurs by mutual desire and without claims to property. If claims arise or one of the spouses refuses to dissolve the marriage, the initiator of the divorce will have to go to court, where he files a corresponding application. In this situation, divorce will be more difficult and will require time and effort.
Correct behavior during divorce
Keep your cool and behave with dignity. This is the main rule in divorce. After analyzing your life together, your emotional state, and everyday life, you can draw conclusions that further life with this person is impossible. You need to communicate your decision to your spouse calmly, without insults or reproaches. This is a very difficult decision, and it is difficult to talk about it, especially if people have accumulated a lot of grievances and problems. Divorce should be approached from a business point of view. This will help maintain human relationships after the divorce process.
To make your divorce easier, seek professional help. It will help you get out of the most unexpected situations, thanks to which you will avoid possible misunderstandings. The specialist will advise how to behave competently in each specific situation so as not to harm either spouse.
Do not let your children know about the details of the divorce procedure; it is better to discuss all the details while the child is away. The psyche of children in early age very fragile. All this can only harm your child. Most best reason divorce, which should be called to others, including children, will be “they didn’t get along.”
Sometimes there are situations when spouses cannot be divorced, even if their length of marriage is minimal. A man will not be able to get a divorce if his wife is pregnant, no matter how long the pregnancy is. A husband will not be divorced from a wife who has one or more children under 1.5 years of age. This law is in force on the territory of the Russian Federation, and it is designed to protect the rights of mothers and children, including property rights. In this situation, the husband is obliged to support the family financially and be married to his wife, observing the family code with all the ensuing consequences, even if the man has good grounds for divorce.
Divorce procedure if there is a child
If the separating spouses have a joint, minor child or several children, then the divorce procedure will take place in court.
The initiator of the divorce must apply to the court, pay the state fee and provide a full set of documents that are required to begin the divorce case. List of required documents:
- a copy of the passport of the spouse initiating the divorce;
- marriage certificate;
- certificate or certified copy of the child’s birth certificate;
- receipt of payment of state duty;
- a completed application in the prescribed form.
The presented set of documents is suitable only in a situation where the initiator of the divorce process does not put forward any further demands on the ex-spouse. If the case concerns other additional court decisions, for example, the collection of alimony that will be used to support young children, then the initiator must attach other documents in addition to the application. These include a certificate confirming the financial status, as well as a certificate of family composition, proving that minor children live with one of the spouses.
Joint ownership
There are cases when the issue with children during a divorce is resolved peacefully, but at the same time the question of division of property arises. And it is not always possible for separating spouses to divide property without claims and disputes. If you have joint property, then you need to clearly understand what rights you have to it and what rights your spouse has. Only in this way will you understand what share of the property you can claim.
During the divorce process, the initiator of the divorce may demand the division of joint property between the spouses. In this case, he needs to collect additional documents. These include papers confirming the existence of property that is subject to division, as well as documents that indicate the value of the property.
If real estate or vehicles are subject to division, then you will need a certain list of title documents. If the spouse wants to share the furniture or household appliances, then he will have to provide passports for all products and receipts that remain after their purchase. These documents should be attached to the statement of claim along with a detailed list of property that is subject to division between the divorcing spouses.
The set of documents will be incomplete if a copy of the statement of claim is not attached to it. Because the court must send a copy to the defendant. It is important to pay attention to the fact that during a divorce with division of property, the amount of state duty will be higher. Its size increases based on the total price of the things that the initiator of the divorce wants to award to himself.
The procedure for dividing property during divorce
You should know that all property acquired during marriage must be divided between the separating spouses in equal parts. In this case, it does not matter which of them invested more money. Even if the spouse was on maternity leave, receiving education or leading household, she has the right to 50% of the property acquired jointly during the marriage.
But there are also exceptions. For example, if before marriage the husband built a one-story house and during the marriage the spouses built 2 more floors, then such property can also be considered jointly acquired. The court will divide the house equally between both spouses. Consequently, if during a marriage the property of one spouse has increased significantly due to common investments and expenses, then it is assigned the status of joint property.
When resolving issues with the division of real estate, a car and other things, try not to harm your emotional state. Don't forget about the children who shouldn't suffer. Remember about your ex-spouse. Try to take a step forward so that your relationship after a divorce becomes kind and humane. Try to maintain a good relationship with ex-husband after the divorce and make a good friend.
