Divorce by court: grounds, procedure

Where can I divorce my husband?

In order to initiate divorce proceedings, the participation of regulatory authorities is necessary. The simple termination of cohabitation does not relieve spouses of mutual obligations, and marriage does not have a statute of limitations. If a conflict arises with a spouse, especially property or related to children, the divorce must be completed (if family reunification is impossible). An undissolved marriage will give the second spouse the right to claim half of any property at any time and be one of the primary heirs in the event of the death of the first.

According to current legislation, it is impossible to enter into a new marriage while the old one is valid, so it is better not to leave the situation to resolve itself.

Which court should I go to?

The majority of divorces occur through the judicial authorities, since they deal with conflict-related breaks in marital relationships, of which there are much more than world ones. Conflicts can arise on any basis - the place of residence of children and alimony payments, property disputes, complex calculations of jointly acquired property.

You must go to court in any case if:

there are minor children (the court is obliged to control how the children will be raised and supported in the future, to determine the role of both parents in this);
there are any disagreements regarding property;
one of the spouses refuses to give his consent to the divorce.

The intervention of the court guarantees the most legal solution for both parties, and also gives time for a settlement agreement.

Submission to the registry office

This option is only possible if the couple has no minor children or conflicts, both are completely ready for the divorce procedure and are not going to change their minds. To dissolve a marriage through the registry office, spouses only need to bring an application and a package of documents. If the procedure takes place in the same registry office in which the marriage was registered, no additional papers are needed - information about the spouses is already stored there.

If it is impossible or not desirable to come to the registry office where the marriage was registered, you can contact a similar institution at your place of residence. You will have to bring documents there.

Submit an application at State Services

All areas of government activity are developing, including government services. What previously could only be done after several hours in line, right after a tiring walk to the MFC, can now be easily and quickly completed online thanks to the State Services service. Not long ago, divorce was added to the list of services that can be arranged online.

How to file a divorce online:

Registration or authorization on the State Services website.
Creating an application for divorce (with a Russian citizen or a foreigner).
Collecting electronic copies of documents according to the list of required ones.
Payment of state duty.

At the moment, citizens paying state fees through State Services are given a 30% discount on any fee. — this is how the state encourages the gradual transition of the population to the electronic format of payment for services from the state.

In all other cases, through the State Services you can only achieve the actual execution of a court decision - either one of the former spouses or both can do this.

What documents are needed for a divorce through court with a child?

There are several ways to send documents for divorce to the court:

Personal appeal. The plaintiff submits all copies of the statement of claim to the court office. On his copy of the application, the office employee puts a mark indicating acceptance of the documents.
Through a representative. For this method of transferring documents, the representative must have with him a notarized power of attorney, which indicates the validity period and scope of his powers.
Mailing. The package of documents can be sent by registered mail with notification. The sender will receive an email notification that the documents have been received by the addressee.

All of these methods are easily accessible to citizens. However, if the plaintiff wants to save his time, it is better to visit the court office in person.

Cash compensation upon dismissal
Registration of individual entrepreneurs in 2021 in Belarus
How is sick leave paid?
How to close an individual entrepreneur
Driver's medical examination: how to get a driver's medical certificate?

Automotive lawyer
Uncategorized
Marriage and family
Civil law
Documentation
IP
Taxes
Real estate
Labor law
Economy
Legal entities

The absence of common minor children and a mutual desire to get a divorce allows you to get a stamp in your passport about divorce at the registry office (Article No. 19 of the RF IC) at the request of both spouses, whereas in case of a divorce in court, if there is a minor child, a more extensive package of documents will need to be prepared.

The dissolution of a marital relationship comes into force in court under certain conditions.

Namely, if:

have minor children;
the husband or wife does not give their consent to terminate the family relationship;
one of the couple has no objection to the divorce, however he/she avoids the application process.

The court can dissolve a marriage if it finds that the spouses cannot live together and cannot save their marriage. The court has the right to postpone the consideration of the case and set a period (up to 3 months) for reconciliation of the parties. If both spouses give their consent to the divorce, the judicial authority dissolves the marriage without clarifying the reasons. Termination occurs no earlier than after one month, starting from the date of filing the claim. A marriage dissolved by a court is subject to state registration with the civil registration authorities.

What documents will be needed?

Divorce proceedings are a serious matter; based on its results, the fate of common children will be determined and property will be divided. This takes the time and effort of the parties, requires effort and the collection of a certain package of documents. These are mainly identification documents and evidence that the marriage has taken place.

Documents required for trial:

What documents are needed for a divorce through court?

To divorce a marriage through court, you will need the following documents:

Identity document. Most often this is a passport. You need to make 3 copies. You also need a copy of the page that shows the registration address.
Statement of claim . A sample application can be taken in court, or downloaded from our website below.
Marriage registration certificate. Make 3 copies too. If you have lost the original, then you need to get a duplicate from the registry office.
Extract from the defendant's house register . It is needed if the claim is filed at the defendant’s place of residence. Or if you have an extract from the Russian register, which indicates the owners, then you can attach it.
Copies of the birth certificate of minor children , if you have children.
Receipt for payment of state duty . The receipt can be paid at most banks, even online.
Notarized power of attorney for your representative, lawyer or attorney who will go to court. Such a power of attorney is only needed when you do not want to deal with the divorce yourself.

This is one of the most important points, especially after the changes that took place in 2021. Now you can submit documents to the magistrate’s court if 2 conditions are met:

If you have no property disputes. That is, you have agreed who will get the apartment, the car, and who will pay off the mortgage and in what parts. You also decided who takes the furniture and money from the general accounts.
You do not have common minor children, there are no disputes or disagreements regarding child support or the procedure for communicating with the child.

In all other cases, you need to contact the district court. Here are the main situations when a claim must be filed in a district or city court:

You don’t know who will pay the mortgage , since the spouses have very different incomes and salaries.
Do you have questions about who will own the car that you bought during marriage?
There are claims that someone invested the donated money in common property or in apartment renovations.
Someone's parents sold their apartment and invested the money to buy housing for their spouses. Now it is not clear how to divide this share.
There are questions for each other about who will pay child support and what amount it will be. There are also disputes over who will pay the additional costs of the children.
You cannot agree on the procedure for communicating with children ; there is no agreement on how many days the child will spend with each parent.

After you receive a divorce decision, you need to contact the registry office.

This is necessary to enter the fact of divorce into the general database and obtain certificates of divorce. You need to contact the registry office at your place of residence or the registry office where the marriage was registered.

Take the following documents with you:

Passports of both spouses.
Court decision on divorce. The decision must bear a blue seal, which is placed in the court office.
Statement that you want to obtain a divorce certificate.
Receipt for payment of the state fee from each spouse for obtaining the certificate. In 2021, this duty will be 650 rubles . The exact amount can always be found in Article 333.26 of the Tax Code of the Russian Federation.
Enhanced qualified electronic signature of both spouses if the application is submitted through government services.

A divorce certificate is usually issued on the day of application.

According to our laws, a divorce from a foreigner is no different from a divorce from a citizen of the Russian Federation.

You need to submit the same documents that I talked about above. But all documents in a foreign language must be translated and certified by a notary.

Usually notaries themselves tell you which company can do the translation.

If you registered your marriage in another country, then the marriage registration certificate must be translated and legalized according to the laws of the Russian Federation.

Application for divorce

A sample application can be found in the form of a printable document both here and those providing legal assistance in divorce proceedings. If you contact a lawyer (this is important in a controversial situation where the applicant prefers not to take risks and trusts a professional), he will do this work for you - all you have to do is fill out the information fields.

What should be in the application:

Similar personal information of both the applicant and the potential defendant.
A direct request to dissolve the marriage.
Indication of the nationality of both parties.
Indication of the nature of the marriage for both parties (first marriage or remarriage).
A clear listing of all property claims or confirmation of the position regarding custody of the child/children.

Since divorce proceedings are very different, statements can also be of a different nature - depending on whether the spouses are in conflict at the time of the divorce.

Cost of the procedure

To initiate divorce proceedings, it is necessary to pay a state fee - a sum of money officially certified by the state, with which the applicant pays for the work of regulatory authorities and verification of documents. The state duty is 650 rubles per person (that is, 1300 rubles) both when filing an application with the registry office and when going to court.

When dividing property or an alimony dispute, the cost of the state duty can range from 400 rubles to several tens of thousands of rubles - the amount depends on many factors.

Without a receipt indicating that the state fee has been paid, it is impossible to begin legal proceedings or file for divorce at the registry office. The plaintiff always pays for it.

What is needed for a divorce through the court and the registry office

The current family law provides for two types of divorce:

Divorce through the registry office
Divorce through court

For each method of divorce, there is a list of circumstances under which divorce is possible in one order or another. Let's consider these circumstances and the documents required for divorce.

It is possible to dissolve a marriage by contacting the civil registry office (registry office) under the total combination of the following circumstances:

Both spouses agree to divorce
No joint minor children

This procedure presupposes a joint submission of an application to the civil registry office and the absence of any dispute in the decision for divorce.

Divorce through the civil registry office is also possible in cases where:

The second spouse was sentenced by the court to real imprisonment for a term of 3 or more years
He was declared missing
Recognized as incompetent

Under such circumstances, divorce occurs through the registry office, even if there are minor children.

You can submit documents to the registry office both at the place of marriage and at your place of residence.

To dissolve a marriage through the registry office, you must submit an application in the prescribed form. A certain package of documents must be attached to the application. We will now talk about what documents will be required for divorce in 2021 through the registry office and how this procedure occurs!

Forms of applications for divorce differ depending on the grounds for divorce and the position of each spouse. In total, the current law provides for three forms of application for divorce (form No. 8, No. 9 and No. 10). Below we will give an example of filling out form No. 8, as well as blank forms of all three forms. But for now let's talk about documents.

The list of required documents for divorce through the registry office is as follows:

An application for divorce, which can be obtained either at the registry office or downloaded from our website
Passports of citizens of the Russian Federation (both spouses)
Marriage certificate
Receipt for payment of state duty

Thus, for a divorce through the registry office, a small package of documents is required. The main document, of course, is the application for divorce.

Divorce through the registry office involves filing an application in a certain form. The application must be signed and submitted by both spouses. If one of the spouses cannot personally file an application for divorce, then his signature on the application can be certified by a notary.

When registering a divorce, at least one of the spouses must be present, otherwise the divorce will not take place.

There are three types of applications for divorce, so choose the one that suits your situation.

Divorce through the court in the absence of children is carried out when one of the spouses does not agree with the divorce or the common property is divided. To initiate a divorce case, it is necessary to draw up and submit a statement of claim for divorce to the magistrates' court. As a general rule, a claim for divorce is filed at the place of residence of the defendant. The place of residence of a citizen is recognized as his address of permanent or temporary registration; accordingly, the claim is filed at the address of the court, the territorial jurisdiction of which this address relates to.

What documents are needed for a divorce with children in 2021?

Divorce through court with a child can occur through one of the following courts:

Divorce through a magistrates' court, in the case where there is no disagreement between the spouses about the place of further residence of the child
Through the district court, when the spouses were unable to agree on the place of residence of the children

Both options involve drawing up and submitting a statement of claim to the court.

The list of documents required for divorce, as well as the procedure for carrying out the procedure itself, depends on who will carry out the divorce. The stages of divorce proceedings are regulated by the requirements established in Federal Law No. 143:

How long does the process take?

At the registry office, the procedure conventionally lasts a month (30 calendar days). In fact, the employees of the institution can cope earlier, but a month is also given to the parties with the expectation that they will make peace and will not destroy the family. If this does not happen, the applicant or both can come for their divorce certificate immediately after this deadline.

The trial is expected to be more complicated and last longer. The standard procedure lasts two months, another month is given for the actual implementation of the court decision. However, if the parties do not agree and file counter-claims challenging the decisions made, the divorce can take a very long time. It all depends on how serious the subject of the dispute between the spouses is.

Registration with a foreigner

If a divorce is required from a person who is not a citizen of the Russian Federation, it can be terminated without the presence of the other party only if there are no claims between the spouses. Otherwise, a trial will have to be initiated, which cannot take place in the absence of the defendant.

In general, divorce proceedings with a foreigner differ from the standard ones in the size of the state duty and some unique restrictions.

Divorce must be treated no less responsibly than marriage. If you let things go, you may find yourself without most of the wealth acquired during the marriage or deprived of the right to visit children - all these situations must be foreseen, especially if the marriage is dissolved with conflict.

Who is the initiator of the divorce?

Both spouses can take responsibility equally. It is impossible to end a relationship in one minute - you will need to explain yourself and perform certain actions. At the same time, there is no guarantee that people will show delicacy and try to understand each other. A civilized divorce that preserves trust and respect is becoming very rare. Much more often people disagree due to mutual misunderstanding. Few people try to look for the reasons for what is happening.

Husband

If a husband admits to himself that he wants to divorce his wife as quickly as possible, it means that he is deeply disappointed in her. A man is capable of abandoning a woman if he meets another or understands that he absolutely cannot remain with his former partner. For a divorce, serious grounds are needed: betrayal on the part of the girl or her inappropriate behavior. Some husbands show absolute intolerance to a woman’s mistakes and bad habits. Then the decision to break up begins to seem something understandable and natural.

READ

How to tell your husband about your upcoming divorce without offending him

Wife

When a girl initiates a divorce, it means that she has tried other ways to influence the situation. Often women endure for a long time and only then make attempts to fix something. Divorce is too difficult for both. This decision is made after much thought. It’s unlikely that it comes easy to anyone. In most cases, before taking the final step, you have to suffer for a long time, rethink many points, and give up important aspirations.

Mutual agreement

There are times when people make difficult decisions together. Relationships become obsolete much faster than you might imagine. Trust is gradually lost, more claims, grievances and misunderstandings appear. It becomes easier to give up exhausting self-sacrifice than to continue living in illusions.

If people are used to being honest with themselves, they will want to maintain self-respect. Mutual consent implies acceptance of responsibility.