Where to file for divorce in Moscow? Where to file for divorce if there is a child?

Sometimes in a family there is such a misfortune as a divorce. From now on, people decide to go their own way through life and plan to end family relationships. And here the question arises: where to file for divorce? In our article, we will consider how to go through such an emotionally difficult procedure, what documents are needed for this, and where a divorce is filed if there is a child.

It doesn't matter where you live. In order to answer the question of where to file for divorce in Moscow or any other city, you must first establish the reasons why you decided to dissolve the marriage and the accompanying conditions. The marriage will be dissolved on the terms established by family law. Relations related to the divorce process are clearly regulated by the Family Code of the Russian Federation, in accordance with the terms of which it is allowed to formalize a divorce by the will of one of the spouses, as well as by mutual agreement. The guardian of the spouse recognized as legally incompetent also has the right to demand the dissolution of the marriage. Regarding divorce, there are also a number of restrictions under which the husband does not have the right to insist on it:

1. During the pregnancy of the spouse.
2. Within 1 year from the date of birth of the child.

Where should you file for divorce? The current legislation establishes only two possible places:

1. It is possible to issue a divorce in the registry office.
2. You can file a divorce in court.

There are a number of restrictions on either account, which we will discuss in more detail below.

Divorce proceedings at the registry office

The question of where to file for divorce is decided depending on the situation. It is possible to dissolve a marriage in the registry office, this process is much simpler and faster than in court.

It is possible to formalize the termination of family relations in the registry office in several cases:

1. If the desire to dissolve the marriage is mutual and there are no any kind of claims against each other.
2. If the parties do not have children under the age of 18.

There are situations when you can get a divorce in the registry office if you have common small children. This is possible in the following cases:

1. One of their spouses has been declared legally incompetent.
2. One of the parties to the marriage relationship is declared missing.
3. Either of the couple is convicted and the punishment is imprisonment for more than three years.

According to the provisions of the current legislation, a marriage subject to dissolution with the registry office is terminated within a month from the date of receipt of such a request.

Divorce in the registry office. List of documents

In order to get a divorce at the registry office, you need to submit the following documents:

1. Passports of both spouses. The originals are shown.
2. Application for termination of marriage. It is submitted according to the form provided by the registry office staff.
3. Pay the state fee. It should be noted that in 2016 it increased significantly compared to 2014 and now amounts to 650 rubles. It should be noted that in case of a mutual declaration of divorce, both spouses are obliged to pay it.
4. When filing a divorce through the registry office at the request of one of the spouses, the cost of the state duty is set at 350 rubles.

It should be noted that in this case, not only the divorce process itself is paid, but also the issuance of a new certificate. That is, there are no more fees to pay in this case. Until 2015, the filing of an application was paid separately, and then the issuance of a certificate of divorce.

Each registry office has separate details for payment, so you must apply in advance for a receipt.

Where to file for divorce if you have a child

The procedure for dissolution of marriage, if the couple has a child or even several children, is somewhat different. This rule applies if they are under 18 years of age. Termination of family relations will be possible only in court.
You can dissolve a marriage through the court in the following cases:

1. If there is a child. The dissolution of the marriage is carried out when the facts are established, and also, according to the applicants that living together is impossible, the common household is not maintained. At the same time, the court has the right to set a period for reconciliation of the spouses, equal to three months, and to postpone the court hearing.

2. If one of the spouses does not give his consent to the divorce. At the same time, the court must establish the facts that the further life of the spouses is impossible, the joint household is not conducted.
3. One of the spouses evades the divorce process, which could be formalized in the registry office.

In all cases, the marriage is dissolved after it is established that reconciliation is impossible.

List of documents for divorce in court

In order to dissolve a marriage in court, you must prepare the following papers:
1. Passport of the applicant. The original and the copy are presented.
2. Original marriage certificate. Seized by the court in the event of a divorce.
3. If you have small children - copies of their birth certificates.
4. State duty. Today its size is 650 rubles. It can be paid at any branch of the bank. At the same time, if the check is issued in black ink, it must be certified with the blue seal of the bank that made the payment, and if the check is printed in blue or lilac ink, there is no need for certification in this case.

The indicated documents in the amount of two copies for each of the parties to the case (as required by the Code of Civil Procedure of the Russian Federation) are submitted to the court. In this case, the court independently sends a package of documents to the defendant with the application of the agenda for the appointment of the court session.
As a rule, the consideration of the case is carried out in two stages - preparation for the trial and the trial itself.

Where to apply

When filing a divorce through the registry office, you can contact the authority at the place of residence of the spouses, and if their registration addresses differ, then at the place of residence of one of them to choose from.

Claims for divorce are considered by magistrates without property claims from the spouses:

1. At the place of residence of the party that will be the defendant in the case.
2. At the place of residence of the plaintiff, if he lives with a small child.

If there is a property or other dispute between the spouses, such cases must be considered in the courts of district significance. The dispute on the division of property will be resolved in court at the location of such property. When resolving the question of where to file for divorce, first of all, you need to decide what requirements you have for your ex-spouse, how and with whom the children will live, what is the procedure for paying alimony, and only on this basis decide which court will have jurisdiction over your case.

If the marriage was terminated in the registry office, further disputes between the parties are subject to consideration in court.

In case of a divorce through the registry office, the marriage is terminated immediately after making a record of its termination, as well as affixing a seal to the spouses' passports.

If there is a court decision in hand, then it is necessary to wait until it enters into force, and this is a month after its issuance, and only then apply to the registry office for the issuance of a certificate of termination of marriage and affixing a seal.

In this article, we have tried to answer in detail the question of where to file for divorce. Having studied this information, you can significantly reduce the time that will be spent on such an unpleasant procedure as divorce. And also to understand where to file for divorce, if there is a child, and in which case this procedure is greatly simplified.