Tip 1: How to file for divorce

Instruction

Divorce in the registry office is possible with the consent of both spouses and if they do not have common minor children. The registry office will give an application form (form No. 8), which is submitted by both spouses.

The statement states:
1. Full name of the spouses, their passport details, citizenship, place of birth and residence, nationality;
2. Date and number of the record of the marriage registration act and by which body of the registry office it was registered;
3. The text of the application, which contains the request of the spouses for divorce and indicates the names that the spouses will keep after the divorce;
4. Date and signatures of the spouses.
The spouses' passports, a marriage certificate and a receipt for payment of state duty are attached to the divorce application.

Divorce takes place one month after the filing of the application. During this time, either spouse can withdraw the application.

You can also get a divorce in the registry office at the request of one spouse, even if there are common minor children, if the other spouse is recognized by the court as incompetent, missing, or sentenced to imprisonment for more than 3 years. In this case, the application for divorce is filled in according to Form No. 9. Attached to the application, in addition to the above documents, is an extract from the court decision on recognizing the spouse as incapacitated or missing, or from the court.

The Magistrate's Court considers a divorce case at the request of one of the spouses if:
1. One of the spouses evades the dissolution of marriage in the registry office;
2. There are no disputes about the further residence and upbringing of children;
3. There are no disputes about the division of property acquired in marriage and the payment of alimony.
If the value of the disputed property does not exceed 50 thousand rubles, the case is also considered by a justice of the peace.

The claim contains:
1. Name of the court or full name of the justice of the peace;
2. Full name and place of residence of the plaintiff and defendant
3. Date and place of marriage;
4. Information about the consent of the defendant to divorce;
5. Information about common minor children and their place of residence after the divorce;
6. Request for a divorce, indicating the reasons, recovery of alimony and division of property.

Attachment to the claim:
1.Certificate of marriage;
2. Birth certificates of common minor children;
3. Income certificates of spouses;
4. Inventory of jointly acquired property;
5. A copy of the statement of claim and a receipt for payment of the state duty.

Divorce cases are considered by the justice of the peace within 1 month.

The district or city court considers the application if the spouses failed to reach an agreement on the issues of residence of common minor children, on the payment of alimony and the division of joint property, the value of which exceeds 50 thousand rubles. The statement of claim is drawn up in the same way as for the magistrate's court.

The term for consideration of a divorce case in a district court is not more than 2 months. from the date of filing the claim, but in some cases this period may be extended up to 3 months.

note

By law, a husband cannot divorce a pregnant wife, and within 12 months. after the birth of a child.

Helpful advice

An application to the registry office can be submitted via the Internet on the State Services website.

Sources:

Family Code of the Russian Federation in 2019

Divorces are the scourge of modern Russian society. Husbands and wives dissolve their marriage, losing the value of the family. Most often, children suffer from this. And, if there is a child, it is already more difficult.

Disputes about the upbringing of children that arise after a divorce are also considered in court. The priority in a court decision is the interests and rights of a minor child. A parent who interferes with the execution of a judgment may be punished in accordance with existing legislation.

Where to file for divorce

For example, spouses do not have common minor children and mutually agree to divorce. Or one of the spouses is recognized as incapacitated or missing, then (in accordance with Article 19 of the Family Code of the Russian Federation) the application is best carried to the civil registry office (ZAGS).
Dissolution of marriage in (registry office) is carried out with the mutual consent of the spouses for dissolution and the absence of common minor children. For this, you will have to pay a state fee of 400 rubles per person.

You also need to go there if one of the spouses is sentenced to imprisonment for more than 3 years. In this case, as well as if one of the spouses is recognized by the court as missing or incompetent or sentenced for committing a crime to imprisonment for a term of more than three years, a state fee is levied in the amount of 200 rubles.

In other cases, you must go to court. The courts, as you know, are different.

Magistrate's Court

There is a need to come here when the initiative for divorce belongs to only one of the spouses. At the same time, it is necessary that there are no controversial issues between them regarding minor children. You can also apply here if one of the spouses cannot come to the registry office or does not want to, avoiding it under various plausible pretexts.
If the value of the jointly acquired property does not exceed 50 thousand, the world court is also obliged to consider the application for divorce.

District Court

If the spouses still failed to agree on where, after the divorce, common children who have not reached the age of majority will live, they will have to go to the district court. It also considers cases where there is no consensus on the amount of alimony payable.
If the amount of common property is more than 50 thousand rubles and the spouses do not have a common opinion on how to divide it among themselves, the cases are also considered in the district court.

Few people know that in the event of a spouse's pregnancy, as well as during the entire year following the birth, the husband cannot unilaterally file for divorce.

According to the law, the application for divorce is filed at the place of residence of the defendant. A claim against a defendant whose place of residence is unknown or who does not have a place of residence on the territory of the Russian Federation shall be brought in the court where his property is located or at his last known place of residence on the territory of Russia. Also, a claim is filed at the place of residence if a minor lives with the plaintiff, or if, for health reasons, the departure of the plaintiff to the place of residence of the defendant seems difficult or impossible.

The divorce petition form must contain the following:

Name of the district court or full name of the justice of the peace;
- FULL NAME. the plaintiff's spouse and his place of residence;
- FULL NAME. the defendant's spouse and his place of residence;
- the reasons for the dissolution of the marriage (if the initiative for the dissolution of the marriage is not mutual);
- facts and circumstances, as well as facts confirming them, on which the spouse's claims are based in their claims;
- the presence of other requirements that the court may consider at the same time as the divorce claim;
- data that divorce through the registry office is impossible;
- by whom and when the marriage was registered;
- Are there common minor children, their age;
- other information, in the opinion of the spouses, significant for this divorce proceedings;
- a list of documents attached to the application for divorce.

The list of documents attached to the claim includes:

A copy of the application for divorce, sent to the defendant;
- original marriage certificate;
- copies of birth certificates of common children;
- receipt of payment of state duty.

The amount of the state fee when filing a claim for the division of matrimonial property depends on the value of the claim and is determined in accordance with Article 333.19. Tax Code of the Russian Federation.

Sometimes the situation is complicated by the fact that one of the spouses does not agree to a divorce, and therefore delays the process in every possible way.
It is very difficult to get a divorce for those who have contentious issues regarding the place of further residence of children or the division of property.
If the spouses live in different cities and, moreover, in countries, as well as if the location of one of the spouses is unknown.
These are the cases when divorce is best dealt with by professional lawyers.

If both spouses have nothing against divorce, the divorce procedure is greatly simplified and can take no more than 20 minutes.

According to modern Russian legislation, divorce is possible in two ways - either through the registry office, or through the courts. The duration of the procedure, its complexity, as well as the package of necessary documents depends on the termination format. So what are the rules for registration and what papers are needed to file a divorce?

Instruction

In the registry office, a divorce is formalized if both spouses agree with this, who must come together to dissolve the marriage. However, Article No. 33 of the Law “On Civil Status Acts” also allows for the notarization of the relevant powers if, for example, one of the spouses is on a long business trip, in the army or is seriously ill. For this, the employees of the registry office require the presentation of Russian passports and the signing of an appropriate application, according to which the applicants will be divorced.

The same article provides for another aspect, according to which a person who wants to get a divorce can do it alone if he has a certificate stating that the spouse is incapacitated (confirmation of the court decision on this), is considered missing (an appropriate decision), is serving a term of imprisonment for more than 3 years (a copy of the court verdict is needed).

Divorce through the court occurs for several reasons. For example, one of the spouses may not agree with the divorce, or two people have some property issues that can be deprived only through an appeal to the court.

So, when applying for a divorce to the court, you need to provide - the corresponding statement of claim; receipt of payment of the fee; a copy of the statement of claim, which will be served to the second spouse; original marriage certificate; papers confirming the place of permanent residence of both spouses; copies of birth certificates of minor children, if any; documents confirming the validity of filing a claim (evidence of adultery, certificates of beatings removed, and others).

Unfortunately, it happens that some marriages break up. In this case, the spouses have many questions related to the divorce process. Most of them concern documents. If the family did not last long and children did not have time to appear in it, then the procedure will be quite simple. Otherwise, the preparation for divorce will be a little more complicated.

Instruction

How to get a divorce if there are no children.
In this case, everything is quite simple. You and your spouse will need the following documents: a passport, a receipt for payment of the state fee, a marriage certificate, as well as an application for divorce (it is filled out and submitted to the registry office at the place of your registration). If the desire to divorce is mutual and you have no claims to each other regarding the division of property, then in a month you can get a divorce. If one of the spouses is against the dissolution of the marriage or there are disputes regarding the division of acquired property, then such issues will already be resolved through the courts. In this case, the process becomes more complicated and delayed.

How to get a divorce if you have children.
If at the time of the decision to divorce you and your spouse have minor children, then you cannot avoid a lawsuit. The initiator of divorce must file an application with the court at the place of residence of the second spouse, pay the state fee and collect all the necessary documents. And he's big. You will need: the original marriage certificate, certified copies of the birth certificate of the child (or several children) or originals, a receipt for payment of the fee, a copy of the passport of the initiator of the divorce and an application for divorce.

Property division.
If the initiator of the divorce claims to be part of the jointly acquired property, then additional documents will need to be prepared. They must confirm the existence of this very property, and also its value must be indicated in them. If the section concerns an apartment, then these are some specific title documents. And if you decide to share large household appliances, then you will need receipts for their purchase and product passports. And you must attach a complete list of the property for which you are applying to your application.

Important points.
If you decide to divide the property, then be sure to attach a copy of your statement of claim to all documents. The court will send her to the second spouse. It is worth considering that in this case the amount of the state fee will be higher (it will depend on the value of the property claimed by the plaintiff).

If the decision to file for divorce is made by the spouses unanimously, you should contact the registry office together. They will give you a form to fill out. You need to have a passport, marriage certificate, TIN with you.

There are cases when only one of the spouses wants a divorce. In this case, the spouse (wife) applies to the World Court. After filing an application for divorce, the second spouse will receive a written notice of the upcoming divorce proceedings with the date of the court session. Documents for applying unilaterally:

passport;
marriage certificate;
receipt of payment of state duty;
additional documents requested by the court.

If there are children in the family, you should try to reach full agreement between the spouses about the residence of children and their upbringing. It happens that no agreement is reached and then this issue will also be considered by the World Court. First of all, the court will consider the best interests of the child(ren). Most often, the decision to raise children is made in favor of the mother. But there are cases when the court decides to leave the child with the father. There must be serious reasons for such a decision:

alcoholism;
disease;
drugs.

If the second spouse (wife) does not come to the court session without a good reason, then the court may end the divorce proceedings in favor of the plaintiff. The defendant will be sent a written notice with a copy of the decision of the court.

A possible dispute in a divorce may be the question of the division of property. If the amount is less than 50 thousand rubles, then the decision is made by the World Court. When the amount is greater, the application must be written to the District Court. The World Court is given a month to consider the decision to divorce. If the application is filed with the District Court, the divorce proceedings can take up to three months.

There are cases when the court does not divorce spouses. This is possible during the pregnancy of the spouse or the recent birth of a child (less than a year). It also happens that the court divorces spouses faster than the established deadlines - when the spouse uses violence against the woman. In this case, you must provide the court with an extract from the medical institution.

In any case, before filing for divorce, you just need to try to build relationships.