Divorce through the court: procedure, grounds, terms. Where and how to file for divorce?

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

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

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

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

Grounds for termination of marriage

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

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

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

When is it filed for divorce? Conditions.

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

There are three cases:

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

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

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

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

In which court to file for divorce?

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

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

Documents for filing for divorce through the court.

Submitted according to the general rules for filing an application. The initiator of the divorce will be called the plaintiff, the other side - the defendant.

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

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

How is the trial going?

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

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

In case of non-attendance..

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

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

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

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

Divorce terms

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

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

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

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

Nuances in a divorce through the courts

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

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

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

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

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

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

Freedom has always been highly valued in the literal and figurative sense, so a person who decides to get out of married life will have to spend money.

The cost of a divorce, excluding compensation (if any is provided for in the marriage contract), property consists of a state fee and the cost of services of a trustee (lawyer).

There are three fee options depending on the conditions:

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

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

Example from jurisprudence

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

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

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