Divorce: How long will it take for a marriage to be dissolved? What affects the timing of divorce through court?

The divorce procedure in Russian legislation is one of the most difficult. And if a married couple has decided to break up family bonds, then the first thing they care about is how long divorce will happen. Many people strive to go through all the procedures as quickly as possible, but this is not always possible. How long do you have to wait?

Divorce takes as long as required by law: no more, no less. The period will depend on many factors, so it makes sense to understand this issue in more detail.

How long does it take to get a divorce through the registry office?

The most conflict-free and quick way consideration divorce proceedings- this is a divorce through the registry office. However, the method is not suitable for all spouses. Divorce through the registry office is available only to those families in which the decision was made mutually. In addition, spouses should not have common young children, neither their own nor those taken for adoption. The emphasis is on the word general, since if at the time the application was submitted there are minor children born in another marriage, the registry office has the right to divorce the spouses.

After the spouses contact the registry office and write a statement, it is registered. It is marked on it exact date and the time when marriage, in the eyes of the law, will cease to exist. This maximum term is equal to one month, after which each spouse receives their own copy of the divorce certificate.

Important: the process of divorce through the registry office is possible only with simultaneous compliance necessary conditions. If at least one is present, such cases are sent to court to resolve disputes. And in these situations we must not forget about such a concept as the statute of limitations.

How long will it take to get a divorce through court?

The time frame for divorce through the courts is completely different, and here everything is much more complicated and time to think is given depending on the circumstances. But if the desire to gain freedom is very strong, there is always a chance to speed up the process, the main thing is to know the legal nuances of the case.

There are two reasons for considering a divorce case through the court:

when the family has common children under 18 years of age (Russian legislation primarily protects the interests of children);
when spouses cannot divide jointly acquired property peacefully.

The timing of the process will directly depend on these and some other circumstances. The mutual desire to obtain a divorce in court is quickly satisfied. The maximum period for this period is one month and 10 days. In this case, the desire of the spouses must be mutual. They attend court together and write a statement. They should not have any types of disputes, and should not have common children under 18 years of age. The husband and wife are personally present at the first court hearing of the divorce case, competently and clearly formulate their positions, justifying the desire to get a divorce.

One month is the minimum period during which an application is filed and the judge accepts it for consideration. After a month of waiting, you need to wait another 10 days, during which the court decision will enter into legal force.

In the presence of controversial issues concerning the division of jointly acquired property or the spouses having common minor children, the period for divorce may increase to three months; the judge has no right to postpone further. Even if the divorcing couple does not reach any resolution during these three months, the divorce will still take place. But all property disputes and the inability to make a decision about who the children will live with will remain and will be resolved in judicial procedure after the breakup family relations.

The defendant's constant failure to appear in court can significantly increase the time required to consider a divorce case. Quite often, the reason lies not in the fact that a person is trying to save his family from a breakup, but in his reluctance to change something in life, to move out of an apartment, to deal with the division of property, in some cases they even do not want to resolve issues in their favor. How long this will continue depends on the judge. In some cases, a judge will divorce a couple after the defendant fails to appear three times in a row.

But not all judges agree to this, since an objective decision is given only in the presence of both parties.

Besides, decision a divorce can be appealed without the presence of one of the spouses. What judge would be happy with his decision being overturned? This will negatively affect his reputation.

In cases where the defendant’s failure to appear has valid reasons, which is documented, the judge does not have legal right make a decision and divorce the couple. It is unknown how long violations committed during the consideration of the case can delay the divorce process. Such violations include an unjustified act of accepting or not accepting the plaintiff’s application, a decision made incorrectly, untimely sending of notifications, and so on. And how long this will continue is unknown.

That is why, after filing a claim, you should monitor the progress of its execution. You may encounter such a thing as statistics, the positive dynamics of which will be spoiled by a specific process. And then the deadline for its execution will be moved, for example, to the next month.

Or you may encounter an unscrupulous judge who will stall for time, based on his own reasons.

What is the statute of limitations and what are its terms?

According to statistics, divorce is most often delayed for reasons related to controversial issues of division of property acquired together. And here you should be aware of such a concept as the statute of limitations for an application. In the legislation of the Russian Federation, article 38 Family Code Clause 7 and Article 196 of the Civil Code of Russia clearly states that after one of the spouses has filed an application for division of property during a divorce, the statute of limitations is three years.

For those who are not strong in legal terms, let's put it simply: the divorce has taken place, the marriage no longer exists, but within three years (the statute of limitations) after its dissolution, each spouse has the right to apply for property division. All allowable statutes of limitations for a case expire after the three years have ended. By the way, it should be taken into account that the three years of limitation begin to be counted from the date that is the official date of the divorce, and not the date of filing the application.

Thus, the timing of the end of a marriage can be very different. The only thing that will not change is the statute of limitations, which lasts three years. The minimum period for termination of a case is one month and 10 days. This can last a maximum of 4 months and 10 days. It takes one month to consider a claim for divorce, the next three months last for a court hearing and a decision. And 10 days are required for the decision to enter into legal force.

But in most cases, it is impossible to determine how long a divorce will drag on, in which any controversial issues arise. And if we also take into account the possible statute of limitations, then the case could drag on for no less than three years.

As a rule, the terms of divorce through the court require more time than through the registry office. The fact is that the registry office only considers relatively simple cases of divorce.

If a married couple does not have children (their own or adopted), both spouses agree to divorce, then their desire will be fulfilled within a month. In court, the timing of divorce may vary depending on the circumstances.

The court considers divorce cases related not only to the presence of minor children and issues of their further residence.

His field of activity also includes cases related to the division of property acquired by spouses during the marriage. Various litigations can significantly extend the period for consideration of a case.

Circumstances and factors influencing the time of consideration of the case

If the desire is mutual, then the time frame may accelerate, especially if both of the separating couple were present at the first court hearing. In this case, you need to provide the court with sufficiently weighty arguments for divorce. Under the best circumstances, the divorce will take place in 2 months. Why exactly so much?

Procedure for submitting an application and options for developments

First of all, you need to file a claim with the judicial authority and wait for a response informing you of the time and place of the hearing. As a rule, the answer comes within 1-2 weeks. If the application is accepted for consideration and there are no questions for the plaintiff at this stage, then the court usually schedules a hearing in the case approximately a month from the date of filing the statement of claim.

You can first send a petition to the court to consider the case in your absence, but if deadlines are important to the plaintiff, then it is better to come in person. In this case, all issues that the court may have during the hearing will be resolved immediately. Further, if the court makes a positive decision, 10 days will be given during which the defendant can file an appeal.

If this is not done, then after 30 calendar days the court decision will come into force, and the marriage will be considered dissolved. As a result, we get 2 months. A copy of the decision must be submitted to the registry office and a certificate of divorce must be obtained.

Divorce proceedings have a good chance of dragging on for a long time if the spouses have disagreements regarding who the children will live with or disputes about the division of property. Children most often stay with their mother, but even here things are not always simple. As for the division of acquired property, the parties are ready to defend their share.

Litigation can last a very long time, but the maximum period within which the court is obliged to divorce a couple under any circumstances is 3 months.

Therefore, an option is possible when the marriage is dissolved, but unresolved property and other issues continue to be resolved between the divorced spouses.

What problems might arise?

Often the defendant delays the process, ignoring court hearings. This can happen by various reasons, but most often failures to appear in court are of a deliberate nature (the person knows that judgment will not be in his favor). However, this state of affairs does not suit him; the person tries to gain time in this way.

As a rule, such manipulations lead to nothing but wasting time. If failure to appear in court is not associated with any valid reasons supported by documents, then after the third such case the judge has every right dissolve the marriage even in the absence of a defendant.

Inconsistency among employees and unfounded decisions to accept or reject an application often give rise to bureaucratic red tape.

In this case, the plaintiff has no choice but to be active and remind the authorities of the existence of of this document. Sometimes the process may be delayed just so as not to disrupt the statistics. For example, if too many divorces occur in the current month or quarter, then it may be postponed to the next one.

What do you need for a quick divorce?

How quickly failed spouses will be divorced depends more on themselves. When there are no unresolved issues between them, it will become much easier to overcome all external obstacles. If time is really very valuable, you can hire a lawyer who will represent the interests of the spouse (or even the couple) in court.

Legal support in court involves representing interests and speaking at meetings on behalf of a person who does not want or is unable to attend the court in person. Any law firm can provide this service. The employer will only need a few necessary documents:

marriage registration certificate;
child's birth certificate;
judicial power of attorney from the spouse (spouses);
application for divorce;
receipt of payment of state duty.

It is preferable to resort to the services of a specialist also with psychological point vision. There is not always a desire to meet with your spouse (or wife) in court. In addition, the judge will not try to reconcile the spouses due to their absence, which will also save time. If an experienced lawyer takes on the case, then, as a rule, 2 court hearings are enough to dissolve the marriage.

According to statistics, most marriages sooner or later end in divorce. It is not always possible to break off official relations simply; sometimes you have to go to court.

Dear readers! The article describes typical ways to solve legal problems. Your case is individual.

Divorce statistics are disappointing

Some married couples can only officially dissolve their relationship. These cases are listed below:

the partners did not come to a consensus on divorce;
spouses present claims related to property;
there are common ones.

Ban on divorce

The law specifies cases when spouses cannot be divorced. Whenever following situations The divorce procedure is postponed:

and I don’t agree to divorce.
The common child has not reached the age of 1 year (even if stillbirth Divorces are not carried out without the woman’s consent until a year has passed after the birth).

Each spouse has the opportunity to file divorce documents remotely. If it is impossible to represent your interests yourself, you can invite a proxy. Then the person chosen by one of the spouses will completely replace him in court and answer questions. You can file a motion to refuse to attend the trial. Then the spouses will not have to be present at the trial; everything will be considered without them.

Preparing for trial

If an agreement cannot be reached, they turn to the court for help.

At the court hearing, all the circumstances of the divorce will be considered. Therefore, you need to be prepared for what they will ask various questions. The judge forms a list of questions for the parties from what is presented. IN statement of claim make the following requests:

make a decree of divorce;
resolve issues related to the division of the joint;
determine the main points related to the payment of alimony;
resolve issues regarding children's accommodation.

Depending on the mutual claims, each spouse must prepare for the meeting and collect a package of documents that may be useful to confirm their position. There is a standard list of documents that are always needed:

(with a copy of all pages);
Marriage certificate;
all common children;
documents confirming the existence of property;
income certificate;
certificate from the passport office about family composition;
receipts for payment.

The absence of any of the listed documents may cause the divorce process to stop. It is impossible to divide, for example, a dacha for which there are no documents. Therefore, it is imperative to back up all your words with official documents. To get things moving, an application must first be filled out. Completing this document has its own rules.

How to file a claim?

Without judicial trial sometimes you can't do it

The statement of claim is filed by the initiator of the divorce process. There is a special form that is filled out, including all the necessary information regarding the circumstances of the divorce. Passport details must be written down there and the reasons that prompted the divorce explained in detail. At the same time, it is always said that reconciliation is impossible.

If there are disputes over property, there are common children, all this must be recorded in the application. The application must come from both spouses, but you will have to fill out 2 separate forms. In this case, the essence of the statement will be the same. If one of the spouses is against divorce, then the application is submitted by one who seeks to break off the relationship.

It is not always necessary to go to court for a divorce. Sometimes it is enough to come to the registry office. This opportunity is provided for spouses of those sentenced for more than 3 years, for those whose spouse is officially considered missing or dead. Husbands/wives of incapacitated citizens have the same right.

If a spouse belonging to the category mentioned above files for divorce, then he will additionally need to attach a court decision declaring his spouse incompetent, deceased, etc. Most often, it takes 2 meetings to consider the case.

The first is intended for general familiarization with the situation. The spouses talk about their differences, prove that they cannot reconcile, and report their property status. The judge may ask about children together, about common property, about general debts. He will find out what disputes and disagreements there are between husband and wife. If there are no disputes regarding the place of residence of the children or regarding the division of property, the judge may divorce the spouses at the 1st meeting. Only before this will he make sure that reconciling the spouses and saving the family is unrealistic.

If one of the parties does not come to court, if all necessary documents, if there are disputes between spouses, then the issues will be discussed at the 2nd meeting. The time period between the 1st and 2nd hearing may be long, this period may be given for the parties to find common decision, made peace.

The maximum gap is 6 months. The 2nd hearing must be conducted by the same judge. This hearing will resolve issues related to the controversy. the main objective: find an objective solution that complies with the laws. Issues related to the maintenance of children will definitely be resolved. The partners will agree on this with the participation of the judge. Here the question must be resolved whether or not a schedule for visiting children is needed by a parent leaving the family. Of course, the main question is who the children will live with. It is also decided at the meeting.

If the situation is conflictual and complex, then the words of the spouses themselves will not be enough. Usually they bring in witnesses who cover the situation from their side. The result is an objective picture of what is happening.

The judge can divide everything acquired equally, but more often than not, the one with whom the children remain gets the larger part. This is done to respect the interests of the children. For an objective and legal resolution of disputes, the judge will require a list of all property that is the subject of disputes.

In order for the division to be as fair as possible, the property must be valued by properly licensed experts. This the only way distribute property between the parties legally.

If the mood of the parties changes, they may conclude, which will become the basis for further actions. When the decision is made, you will have to wait a few days until the decision becomes completely legal. After that, they go to the registry office with the court documents and put a stamp in their passport there, which will confirm the divorce. The registry office also issues a certificate of divorce.

You need to behave calmly and confidently

In order not to displease the judge, you must follow the rules of conduct:

Firstly, you cannot interrupt the judge.
Secondly, you should speak only after officials contact you.
Thirdly, speech should be loud enough, but without shouting, and clear.

Arguments with ex-husband during a trial is far from the best position. The relationship can be sorted out endlessly, but all these squabbles will not have any positive effect on the court’s decision, they will only delay the case. We must remember that you came to court to finally complete everything and part with the law.

Calm, confident behavior is valued in court. We must demonstrate goodwill and restraint. The behavior of spouses and witnesses must be correct and tactful. If the person giving the testimony is caught in perjury, he will be fined. In addition, a general unfavorable impression will be formed about this side.

If you need to hold a meeting with a lawyer, you need to talk as quietly as possible. If others hear fragments of speeches and misunderstand them, the situation will become more complicated.

Lateness to a meeting is unacceptable. If insurmountable circumstances arise, you must warn about your lateness and explain the reasons.

Behavior in the presence of children

Older children are invited to attend the meeting. If children are present at the trial, then you must, first of all, think about them. You shouldn’t make your spouse look like a complete nonentity by opposing yourself to him. Children school age everyone already understands. It's hard for them to see their parents quarrel. After all, they love both dad and mom equally. Seeing their conflicts can make them angry and hate both of them.

Correct behavior in court is the key to further favorable relations. After all, even with strong cooling and mutual hatred, over time it is possible to transfer relations to the category of neutral.

This video will tell you how to behave in court:

According to laws and traditions, the marriage procedure requires a mandatory visit to the registry office by two people: the bride and groom. After all, this is precisely the voluntary consent of the newlyweds to officially register the relationship. However, there are some nuances here too. Sometimes marriage is carried out through external pressure on one or both participants in the celebration. But when it comes to such a procedure as termination official relations between people, the question immediately arises: can a divorce take place without the presence of either spouse or without his consent through the court?

Dissolution of marriage is permitted in unilaterally both through the court and through the registry office. This is provided Russian legislation. In this material, we will look at the cases in which divorce is possible without the consent of the husband or, conversely, the wife, when dissolution of marriage is allowed without the presence of one of the divorcing people or without the participation of both spouses. And also where is it better to dissolve a marriage: draw up documents at the registry office or in court? There are two main reasons when divorce is permitted without the presence of the husband or wife, but with the consent of the absent party:

the spouse is physically unable to attend the event, but agrees to get a divorce (an application must be completed on his behalf, certified by a notary);
when instead of the spouse, his official representative is at the event.

Divorce through court

When one of the family members decided to get a divorce, while his other half is categorically against such a turn of events, the dissolution of the marriage bond is carried out only through the court. It’s worth saying right away that divorce without the consent of the spouse is a fairly common phenomenon in the practice of divorce proceedings conducted through the court. Often, only one person from a married couple expresses a desire to get a divorce. And sometimes even the presence of children does not stop him.

Both husband and wife can file for divorce unilaterally, but there are some nuances. Legislation allows married couple divorce through the court or even through the registry office, when only the husband or wife expresses a desire to officially dissolve the marriage relationship.

But even here there is one exception: when a wife is expecting a child, the husband does not receive the right to divorce her until born child will not be one year old. Unless, of course, she agreed to the divorce, and especially without her participation.

As for the rights of the wife, she is allowed to file for divorce without the consent of her husband, even while pregnant. She can communicate with her husband unilaterally, without his presence, at any time, even immediately after the birth of the child. But at the same time, all responsibilities for financial support, maintenance and upbringing of children are transferred to her shoulders. The wife becomes responsible for all these nuances. But one should not assume that such responsibility exempts the husband from paying alimony. To get a divorce without the presence, consent and participation of your other half in this whole process, it is not at all necessary to notify her of your plans.

Often, the paperwork for termination is completed by one party, the other only learns about it when it receives a summons notifying it of the need to appear in court. Practice shows that this is done in order to avoid a showdown on the part of a person who does not agree to this process and unwanted scandals.

Registration of divorce in the registry office

Registration of documents with subsequent transfer to the registry office is possible in one of two cases:

when there are no minor children in the family that decided to divorce;
when both parties agree to dissolve their marital relationship.

Unilateral divorce is also provided through the registry office. Although the best option is to file for divorce joint statement at the registry office. It is a single document completed by both spouses, expressing general consent to the procedure and indicating the absence of children. Dissolution of marriage through the registry office often takes place without the participation of either party, but with his consent to dissolve the marriage. The procedure can be carried out without the presence of the husband or wife only when he has a respectful reason so as not to visit the registry office.

Thus, a document can be submitted by one person, but it must reflect the consent of the other half, certified by a notary. Then the marriage union is dissolved without his presence. Among a number of reasons that are valid for not appearing at the registry office, the following can be identified:

completion of military service;
the spouse is on a business trip, far from the registry office and his arrival is delayed;
physical impossibility of presence due to health reasons;
the spouse being in places that do not imply the possibility of leaving them.

Through the registry office, a unilateral divorce can be carried out even if the other party does not agree to dissolve the marriage. But there are only three options when the procedure goes through the registry office:

when the spouse is declared missing;
when there is a document declaring a party incompetent;
deprivation of liberty of a party, and the term of imprisonment cannot be less than three years.

Only in these cases will the registry office dissolve the family union without the consent and presence of the other party, but provided that there are no minor children born in the marriage. But a unilateral divorce through the registry office can only be carried out if there is an official document confirming the reason for the absence of the spouse. Typically, such a document is a verdict or ruling issued by the court.

Absentee divorce through court

In situations where one of the spouses does not express a desire to see their other half in court, the marriage can be dissolved without his participation. You can get a divorce through the court without the presence of the plaintiff or defendant in one of two cases:

at mutual consent the parties, in order to dissolve the marriage, can apply to the court with a request to hold a hearing without the presence of the parties, with recognition of the claim by the defendant, or file a petition to cancel the period for reconciliation together;
when a mutual decision has not been made, it is possible to divorce without the consent of one of the spouses, but only by applying certain legal measures.

In the second option, a petition is considered to not be given a period for reconciliation of the parties or to dissolve the marriage without the presence of the applicant. You can also speed up the process, of course, when there are no problems with minor children. The law allows several methods:

when a party deliberately avoids attending a court hearing, assistance is possible, which consists of issuing notices and subpoenas;
You can provide reasons that prevent the divorce procedure.

Representation of interests by a lawyer

A married couple who has decided to divorce, but does not want to see each other again, can resort to legal services. Thus, at the court hearing, if it is necessary to dissolve the marriage, married couple may not be present at all. If you enter into an agreement with a lawyer, he will handle the case of divorce from the very beginning until the moment when all that remains is to obtain the appropriate certificate. A trust document must be drawn up for the lawyer, thanks to which he will be able to speak at the meeting on behalf of one of the participants.

When conducting a case, a lawyer has all the rights of a defendant or plaintiff. Any of his actions are directed exclusively towards the side of the person whose interests he represents. A lawyer has certain powers, which are specified in the contract, and therefore cannot go beyond their boundaries.

Petition

Another option is not to be present in court during the procedure for terminating official marital relations is a petition to consider the case in the absence of the parties. Each spouse has the right to submit such a document. It must be formatted accordingly. The reasons for the parties' absence must be stated in this document. The petition is submitted either by one of the spouses or by both, but separately. As a result, it is possible to dissolve a marriage without attending court hearings at all.

If you have children, you can draw up a voluntary agreement if the spouses have agreed in advance about who they will stay with. When there are disputes in the family regarding children, it will be difficult for the applicant to obtain a divorce at the first hearing.

For spouses who have decided to divorce, the question of the timing of the procedure is relevant. There are two ways to resolve the issue of terminating a marriage; the period for consideration of the case depends on this.

Divorce through the registry office: terms

A married couple, having a mutual decision on divorce, submits an application to the registry office. The registration authority will annul the marriage if:

No children are missing.
One of the spouses has been declared incompetent, his whereabouts are unknown, or he has been sentenced to a term of more than three years.

When divorcing through the registry office, the time frame is calculated from the moment the application is received; the registration authority can consider the application within a month. Time is given for:

discussion of the decision to terminate marital obligations: there is time to resolve family issues and you can withdraw the claim within 30 days;
collection of necessary papers that are missing at the time of applying to the registry office.

Documents required:

The calculation of the period begins from the next day after registration of the application. In case of divorce, the time frame for consideration of the issue through the registry office is the fastest.

Divorce through court

There are circumstances when spouses cannot avoid it during the divorce process. Circumstances under which divorce occurs through the court:

One of the spouses is against the divorce and does not appear at the registry office.
Children under 18 years of age (issues of place of residence, methods of education).
Distribution of total wealth.

The period for divorce through the court is provided by law. Often the time frame for considering a case is determined by personal relationships between spouses and unpredictable circumstances. The plaintiff is one of the participants in the family relationship who filed an application to the court, the second is the defendant. The hearing of the case is held in the magistrate's court if the married couple:

no, and its amount does not exceed 50 thousand rubles;
there are no controversial issues regarding children (residence, upbringing);
Both spouses come to the court hearing, indicating good reasons for the divorce.

If a disagreement arises on any point, the claim is filed in the district court. When filing for divorce, the timing depends on the nuances that arise in the divorce hearing. In the magistrate's court, from the moment of filing the appeal, the period for resolving the divorce process is one month. The time period is established by the procedural law of Russia and does not allow a meeting to be held earlier than a month after. Deadline for decision controversial issues in the district court is two months.

In certain cases, divorce proceedings may be delayed for up to three months. From the date of filing an application for the separation of family relations, the issuance of a decision cannot exceed three months. Issues related to children and division of property can be considered from three months to a year.

Marriage involves the spouses general economy, acquisition of any property (equipment, real estate), cash savings. During a divorce, the question of division of property arises and the statute of limitations after divorce is three years. The time begins from the moment one of the parties declares a violation of rights, and not from the time the divorce certificate is received. There are certain reasons that may affect the statute of limitations in a divorce. To avoid any difficulties when filing an application or any disagreements that arise between spouses, it is recommended to contact professional lawyers.