Grounds and procedure for divorce. A) The contractual regime of the property of the spouses. Divorce without the presence of a spouse

20.06.2019

Everyone knows that girls usually want to get married. Much less attention is paid to the fact that they also usually want to get married much more energetically than our sex: out of four divorces, three are initiated by wives. Apparently, this is what women of the family say - to be the initiators of any matrimonial innovations. We will be more conservative in this regard: we leave the state of marriage as slowly and uncertainly as we once said goodbye to a bachelor life.

Another thing is more interesting: why do women generally endure divorce more easily than we do? There are many interesting statistics on this topic: we hold a confident leadership in almost all countries of the world in terms of suicides and depression that occur after the destruction of a marriage. Here is what the founder of humanistic psychology Abraham Maslow says about this: “A man subconsciously perceives divorce as a loss: his woman is taken away from him. A woman, on the other hand, feels divorce as liberation, even if not desired. "

And, whatever one may say, with an average divorce, a Russian man always loses.

In 94% of cases, according to Roskomstat, the children stay with the mother, and he pays alimony, often not being able to meet with the children regularly.

The jointly acquired property, which is divided in half during a divorce, in the overwhelming majority of cases was profited by them.

He will remarry about three years later than his ex-wife.

In two out of three cases, a year after the divorce, he will regret it and think about the possibility of returning his wife.

Don't get divorced at all.

Nevertheless, six out of ten marriages break up, and if you take city dwellers, then all seven. So it's best to be prepared in advance.

After all, a divorce can also be organized ideally.

Divorce starts with a wedding

The lowest divorce rate is in India. Of a hundred marriages, only one breaks up there.

May the marriage contract save you!

If you are a wealthy person or plan to become such, then the senior partner of the Lex Collegium, Alexander Zheleznikov, advises you not to neglect the marriage contract, which in the future can greatly brighten up your difficult divorce time.

“You need to understand that, unlike the United States, in Russia only the financial and property obligations of the spouses can be entered into a marriage contract. That is, no “If she cheats on me, then I have the right to put her out of the house in some slippers” will not work.

On the other hand, a marriage contract can become a shield for a man in the fight against legislation that is extremely loyal to a woman. For example, all property acquired in marriage is considered common, but if the contract stipulates that the wife undertakes not to make claims on your company or, say, real estate that you acquire in marriage, then it will be difficult for her to challenge her obligation later. Also, in the marriage contract, you can enter the size and form of alimony for future children. After all, do not forget that the standard rate of 25% of income per child is charged regardless of the amount of income and it is very difficult for rich fathers to prove in court later that a child will have to live a couple of million years to wear out all those diapers that can be bought for a quarter of dividends received by dad on oil shares.

Now a lot of wealthy fathers suck out children from mothers not only for the sake of childishness, but because the child often becomes a lever for spinning off the father's business. If the marriage contract stipulates in advance a reasonable amount of payments for the child in the event of a divorce, then the court usually approves it. "

Why do people get divorced?

Two years ago, the All-Russian Public Opinion Research Center conducted a public opinion poll. The population was asked: "What do you think are the main reasons for divorce now?" And the population replied:

We asked family counselor Alexey Sivov, a psychotherapist at the Sense and Sense counseling center, to comment on these numbers. As it turned out, the population is delusional.

“The percentages are not very realistic. Perhaps, in its place there is only alcoholism, which for Russia is really a demographic scourge. “The weakening of the value of the family for the current generation” is not the reason, but rather the background against which the events take place. Relationships on the side are usually not a cause of the breakdown of a marriage, but a symptom. The marriage itself quietly and imperceptibly ends earlier, with the complete non-resistance of both parties, and lovers and mistresses appear on the horizon as a result of this sad event. Material problems, paradoxically, often help spouses to rally and learn to cooperate. But "boredom and psychological incompatibility" should be combined into one reason and put it in the first place, because most often it is the inability and unwillingness to live together that leads two people to a break. "

Check if divorce threatens your marriage

With the help of Aleksey Sivov, we have compiled a list of threatening calls that may signal that your family is in the zone of divorce risk.

One of you has cheated on his spouse over the past five years, and the other knows about it. Most often, you and your wife talk about children and / or pets. You have sex less than once a week (for couples over 35, less than twice a month). It has been a month or more since you have kissed (smacking on the cheek and kissing during sex do not count). Both you and your wife have a place to live in the event of a divorce. In your home, there is sometimes what is called “domestic violence” in court records. You rarely smile while looking at each other. You can spend a week on a business trip without missing your wife. You and your wife are not religious people. You have one child or no children at all. Your youngest child is over seven years old. Basically, you know everything that your wife can say on any occasion, and you can hardly surprise her with something. You or her parents are divorced. She does not particularly depend on you materially, and you do not depend on her either.

“Divorce is considered to be an extreme measure that should be avoided by all means,” says Alexey Sivov. - But there are situations in which divorce is favorable for both parties. For example, when a spouse, having lost the freshness of feelings, failed to become each other's dear people. When they are not linked by common interests, serious obligations, or special mutual affection, then divorce can make both happier and help them realize themselves more successfully in life. About half of all divorces do not have serious relationship problems - for them the relationship itself becomes a problem, which they subconsciously assess as meaningless and depressing. In such cases, a good family counselor will not convince them to keep the family at all costs, especially if the marriage is not long and the couple has no children. Divorcing harmoniously and remaining friends is no less difficult than maintaining a marriage. "

Alimentary theory

The norms of family law were developed in our country even during the Soviet era, from where their percentage link to income comes from. Now, when the upper bar of a Russian's possible income has flown into space, and the percentage rate has remained the same, especially fortunate fathers pay hundreds of thousands of dollars a month for kefirchiki for their heir. There are, however, legitimate ways to save some money in this matter.

1 You can always apply to the court with a request to reduce the amount of payments for the child, and if the amount of your deductions exceeds the average salary several times, the judge can meet you halfway. There were precedents.

2 Much more often, the amount of alimony is determined amicably by the former spouses, although amicability is achieved at times very bloody. To reduce the intensity of bloodiness, you can take advantage of a loophole in the law by informing your spouse that you will only pay her the living wage monthly, and put the rest of the money on the child's account, access to which he will receive only after he comes of age. You have such a right. Usually, after weighing all the pros and cons, caring mothers agree to be satisfied with smaller amounts.

3 Have more children. If one costs you 25% of your salary, then, having given birth to a hundred descendants, you will pay each only half a percent of your income. After all, the maximum amount of alimony that can be collected from you is 25% for one, 33% for two children and 50% for any number of children over two.

But know that this percentage is calculated on any income you have: bonuses, casino winnings, renting an apartment, income from stocks, etc.

It is also worth remembering that an ex-wife can receive additional alimony from you for her own support if she is on parental leave for a child under three years old.

Divorce is an ancient thing

Men also sometimes receive child support upon divorce. One of the largest sums that became known to the press is a million dollars received by rapper Kevin Federline from Britney Spears for spending the best years of his youth on this bad girl and giving birth to her two children.
People who now tie flip flops to newlywed cars usually have no idea why they are doing it. Tales of abandoned wives, who wear out seven pairs of iron bast shoes in search of a spouse, are generally perceived as delusional. In fact, old shoes are so attached to wedding procedures for a reason. In the pre-Christian era, the Germans gave shoes to abandoned wives, and a woman could enter into a new marriage only when their soles were worn out (until then, all the children born to her were considered the children of her ex-husband). And at the new wedding, guests were shown these leaky shoes. There is an opinion that the easiest way is for Muslims to get divorced. Just say "Talak, talak, talak!" in front of witnesses, and - shit! - she is no longer your wife. In fact, in Sharia law, divorce is a very expensive pleasure. Despite the fact that children are considered the property of the father and remain with him on his support, the husband is obliged to give the divorced wife mehr - a wedding gift, a kind of dowry. The amount of mehra can be different, it depends on the country in which the business is taking place, and on the terms of the given marriage contract, which is practically mandatory in the Shariah. But almost always this amount is enough for a woman to live in abundance to a ripe old age. All over the world, only Catholics do not recognize divorce at all. All religions allow people to disagree for good reasons *, but Catholicism looks at marriage as a union sanctified by the divine spirit, personifying the union of the Church and Christ. But Catholics are getting divorced too, you say. And you will be wrong. They do not get divorced, they simply annul the marriage, which is then officially recognized as never existed.

* Note by Phacochoerus "a Funtika:
« The Orthodox, for example, have eighteen such reasons at the moment. Among them - betrayal of one of the spouses, alcoholism, drug addiction, domestic violence, impotence, sex between a husband and the wives of his sons, abortion of his wife without the consent of the husband, refusal to support his wife, the unknown absence of one of the spouses, and many more interesting things. »

10 rules for divorcing

1 Do not disclose your desire to divorce during an argument. Even if you really firmly decided it, there is a risk that the whole process will continue to proceed just as dramatically. However, you also don’t need to get out with this rationalization proposal at a time when both of you are in a good mood. It would be best to choose a moment of quiet and tired indifference to each other.

2 Yes, you can use the good old trick: "Let's live separately for a couple of weeks and calm down!" A couple of weeks will slowly turn into a couple of months, and there are craftsmen who hold out for this state for ten or more years - exactly until one of the spouses urgently needs an official divorce in connection with a new marriage. This clever method, of course, is not suitable for everyone, but for those who do, it suits perfectly (are we not too confused about this?).

3 Do not have affairs for at least the first two to three months after you separated, preparing for a divorce. And if you do, then don't try to talk about this to your future ex.

4 A small surprise from Russian legislation: if within a year after the divorce your wife became disabled or retired within five years after it, you will be obliged to support her for life (however, if she remarries, you will be relieved of this obligation) ... So, no matter how unexpectedly your parting develops, you need to do your best so that she does not become disabled.

5 Many American psychologists assure: during a divorce, you cannot have sex with someone with whom you are divorcing. This is the alpha and omega of transatlantic divorce books. But American psychologists are not entirely right. Sometimes sex helps to cope with this difficult period for both. In addition, it leaves the woman with the pleasant conviction that you still love her. It just so happens that the stars of your marriage have turned into an ominous figure, and nothing can be done about it. Being in this conviction, she will feel a little less desire to peck out in court 50% of your liver due to her. On the other hand, sex will prevent you from breaking the habit. In general, here you need to look at the circumstances.

The record for the most expensive divorce belongs to Australians: media mogul Rupert Murdoch in 1999 paid $ 1.2 billion for the pleasure of no longer living with his wife, Anna.

6 Demonstrate right away that you are not going to take the children away from her. Most likely, you will not succeed, and the more you threaten, the more animal fear of loss the mother will experience and the more furiously she will defend them from you. If you are lucky to be a person of moderate wealth and the material aspect of separation of children does not bother you, and the ability to communicate freely with children is important, then the less you insist on your paternal rights, the more of these rights you will ultimately have. Moms who are not afraid that daddy will whistle their baby in Nicaragua very soon realize how wonderful it is that a person lives nearby who can always be fired with a cute baby without hourly pay. For properly divorced parents, the dispute over whom the child spends the holidays is with a serious preponderance towards "I have been sitting with him for the whole last month."

7 The more lawyers you have, the more professional they are, the bloodier the division of children and property will be. Lawsuits, appeals and statements will multiply, the excitement will grow, and one fine moment you will be surprised to understand that for the last six months you have been fighting in the courts, figuring out how many days a year your daughter is obliged to wear a red knitted hat that your great-aunt gave her, and in which of the city's seven planetariums do you have the right to take your son on the third Thursdays of the second month of every fifth quarter. Hire a lawyer only if your spouse has one of her own. But first, try to dissuade her from this insane step *.

8 Visiting a family counselor during a difficult divorce is as wise as meeting in the company of lawyers. But, unlike a lawyer, a psychologist is interested in making you both happy, so with his help it will be easier for you to resolve issues peacefully.

9 Never tell children nasty things about their mother, no matter how perfect the embodiment of these nasty things she may be. Firstly, this is their mother, and learning at preschool age that you are spawned by a monster is a serious test. Secondly, the judges are very impressed by the videos in which the kids tell them that, they say, "Daddy said Mommy is a dirty whore."

10 Even before the official divorce, transfer money to children (either to a special account or transfer by mail) and keep all receipts, including for the purchase of children's clothing, textbooks, etc. Otherwise, there is a risk of finding out at the trial that for the last six months you have not only not been involved in raising children, but also abandoned them to intervene from bread to water.

If family life is at an impasse, and there is no longer any opportunity or desire to maintain a relationship, the question of divorce is raised between the spouses. Now the procedure is simplified as much as possible, and the marriage relationship can be terminated in a relatively short time. If the spouses have come to a mutual agreement, the issue can be resolved without a trial. In different cases, the application is submitted either to the magistrate or to the registry office. Let's consider both options in more detail.

The easiest way is to get a divorce through the registry office

First of all, you need to decide where to write. The simplest option is that the spouses agree to a divorce, and they have no minor children under the age of 18. In this case, divorce is possible without a lawsuit: spouses just need to come and write a statement.

Usually a month is allotted for consideration: during this period, the spouses can reconcile with each other and keep the family, in this case, it is enough just to pick up the application. The application for divorce in the registry office is submitted according to the standard form No. 8, it does not require an indication of the reasons for the dissolution of the marriage. This form requires the following mandatory information:

The name of the spouses is indicated, the dates of birth and citizenship are entered in the form. Nationality may be indicated at the request of the spouses.
The passport details of the husband and wife are indicated, information is also entered into the form.
It is also necessary to enter the number and other details of the marriage certificate and indicate the surname that the husband and wife will wear after the divorce.
The wife does not have to return her maiden name, she can remain the same. Whatever the feelings towards your ex-spouse, you need to take into account that you have to change the full set of documents, which will require a lot of time, material and moral costs. In addition, later a woman can get married again, and then the whole procedure will have to be repeated.

There are other options in which the marriage can be dissolved in the registry office, and the wife can do this without the presence of her husband, even if the family has minor children. Possible options:

The husband was convicted by a court verdict and has been imprisoned for at least three years. In this case, it is enough to attach to the application under Form No. 9 a certificate stating that he is in prison, and it will be considered without his presence.
The husband is incapacitated due to mental illness, drug addiction or any other reason. The incapacity must be confirmed by a court verdict, a copy must be attached to the application.
The husband has been missing for at least three years; a document about this must be obtained from the police.

In all these cases, the application is considered in the same way within a month, after which the marriage will be dissolved without the presence of the second spouse.

The decision cannot be challenged later, and even after the husband returns from prison, family relations will not be restored without the consent of the former wife.

Divorce through court

If it is not possible to get a divorce peacefully, they submit an application to the court.

Dissolution of family relations through a registry office is the easiest option for a divorce, but it is far from always possible. What if one of the spouses is not ready to break off the relationship and wants to keep the family, or if the parents have minor children? In this case, the case will be considered through the court, and will need to be filed.

Do not be afraid of the divorce proceedings: the procedure has long been seriously simplified, so it will not take much time if either of the spouses does not interfere with the divorce. In this case, the spouses will be given an opportunity for reconciliation: the case is postponed for three months, but after the postponement it is also considered in the usual way.

The statement of claim is submitted either to the city court. The first option applies if the spouses have no property disputes, and they were able to independently decide with whom the children will live after the divorce. The following information must be indicated in the application:

The number of the court area, personal data of the applicant and the defendant (second spouse).
Date of marriage and other information from the certificate.
Birth data of children - information from.
The period during which the spouses do not live together. As a rule, an application is submitted to the magistrate's court when family relations have long ceased, and the judge must only legally legitimize that fact.

After submitting the application, it is checked for errors and accepted for production. Then the preparation for the court session begins: the judge finds out whether the spouses still want to be reconciled, and whether there are sufficient grounds for terminating the marriage relationship. Usually, this procedure does not take much time, and the meeting is scheduled fairly quickly.

If the spouses do not object, the marriage is dissolved, and a state certificate is issued to each of them. It must be paid in advance: it is paid by each of the spouses separately. If one of the spouses does not agree with the decision, he can try to appeal it to higher authorities. If a property dispute arises, the property will be divided in half: in each case, proceedings are conducted.

Difficult cases of divorce through court

Divorce statement: sample

The most serious are situations when the spouses cannot peacefully agree on the subsequent residence of the children with the mother or father, as well as on the payment of alimony or the division of property. in this case, it drags on for a long time, and the task of the judiciary is to clarify all the relationships and living conditions in the family in order to choose the best option for the children.

When drawing up an application and submitting it to the court, it is necessary to indicate the reasons why the preservation of family relations has become impossible. At the same time, it is not required to describe in detail all the relationships with the hateful spouse, it is enough to briefly and succinctly name the main reason for the divorce. A few examples:

The spouses no longer maintain a relationship. In this case, you can specify the date from which the ex-husband and wife live separately. This is a good reason to declare the relationship ended.
A conflict arose between the spouses. It is not necessary to paint its essence, it is enough to indicate that conflict relations have made family life impossible.
One of the spouses avoids divorce and does not appear in the registry office. This is the basis for filing a lawsuit, after which the case is considered by a magistrate. If other circumstances are deemed sufficient for the dissolution of the marriage, the divorce can take place without the husband / wife coming to the meeting.
The application also indicates additional special requirements... In some cases, a wife has the right to demand alimony from a wealthier husband for her maintenance, if there is a compelling reason. Such a reason can be called a difficult financial situation, illness, etc.
If her spouses came to the meeting, then the case will simply be dropped, and family relations are considered to be preserved. If only one person did not come, then the judge must make sure that the spouse was notified of the meeting and is absent for no valid reason. The case can be postponed, but if the failure to appear is repeated three times in a row, the process will take place without the participation of the second spouse. Its result will be the recognition of the marriage as dissolved with the provision of a certificate to the spouses.

Entry into force of a court decision

Family disputes can be ironed out with the help of lawyers

When the family dispute has come to its logical conclusion, and the court has decided on the divorce, it will take effect within 10 days. An exception can be made only for the decision - it is recognized as effective immediately, and the bailiffs will collect funds from the parent for the maintenance of children or ex-wife.

The resulting court decision must be submitted to the registry office: on its basis, an entry is made in the documents, a divorce mark is put in the passports, and certificates are issued. Family disputes remain one of the most unpleasant: spouses often have to go through a lot of difficult moments during the proceedings, in addition, sometimes it is very difficult to decide which parent will be better for the children.

During the court session, reconciliation is possible: if the parties decide to reconcile and preserve the marriage, no one has the right to obstruct them.

If life together is no longer possible, you need to get a divorce. This decision can be difficult to make. And the divorce process itself is not an easy test. It's good if the circumstances are such that the whole procedure is limited to a visit to the registry office. It is not so easy to get a divorce through the courts.

Divorce in the registry office occurs under certain conditions.

The couple came to a common decision, and they have no children. When circumstances develop in this way, you can get a divorce at the registry office without any particular difficulties. Traditionally, both spouses apply. In cases where one of them has reasons for not appearing for divorce, the procedure will be carried out unilaterally. To ensure unimpeded divorce, a spouse who cannot come to the registry office must write a statement and bring it to the appropriate authority or transfer it through his representative. The entire procedure for divorce, obtaining documents will take place in the presence of one of the spouses. A document confirming the completion of the divorce procedure can also be obtained by an authorized person, if he has been given special powers to do so;

Termination is initiated by one of the spouses, while the consent of the other is not required or he simply cannot physically provide it. Whether there are children in the family or not is not important.

A couple will be divorced, provided that one of the spouses, by a court decision, is considered:

incapacitated;
missing;
deceased;
a person who has committed a crime and is serving a sentence in prison (in this situation, a period of at least three years is taken into account).

An incompetent person will not be able to draw up a statement of divorce, let alone a deceased or missing citizen. Applications and consent for divorce from a prisoner are not required by law. That is, in this situation, when the second spouse falls into one of these categories, the divorce will take place unilaterally on the initiative of one of the spouses.

In the application for divorce initiated by one person, it is necessary to enter information about the reasons for the dissolution of the marriage, information about the court's decision on the incapacity of the spouse, or a decision to convict him of a crime, etc.

You need to write an application in the form established by law:

In the application for divorce, you must write down:

personal data of the applicant, where and when he was born, his citizenship and nationality, residence address, passport data;
data on the registration of marriage, which are entered in the corresponding book;
claims made by the spouse for divorce;
the surname that a husband and wife want to have after a divorce;
signature;
date of writing the application.

Divorce rules unilaterally through the court

If both spouses are ready to dissolve the family ties and they have no children, they can be divorced in a magistrate's court without any problems. When there is no consent to the divorce of one of the spouses, or it is a question of the division of property, the appointment of alimony for the maintenance of children, and it is also necessary to decide on their further place of residence, the district (city) court will deal with the divorce case.

From the above information, it can be seen that the easiest and quickest way to get a divorce is through the magistrates' court. A divorce in a higher court will require more effort, nerves, time and material costs. During the process in court, moments are usually raised that I would not like to put on public display.

These can be not only property issues, but also quite personal, sometimes even intimate moments of family life. It is advisable that the proceedings in the city court take place only in extreme cases. Solving the problem through the magistrates' court is much more effective and not so painful.

What needs to be done for the divorce to pass in the magistrates' court?

If the spouses do not want to bring the divorce case to the city court, they will have to make some efforts so that the divorce is dependent on the magistrate. To do this, you need to resolve all controversial issues in advance.

If there are no problems with the issue of children's living after the parents' divorce and an agreement is reached on the division of property, these conditions may make it possible to conduct a divorce through a magistrate's court.

The Parents' Agreement on Children includes the following provisions:

decision about the place of residence of the children;
who assumes the responsibility of providing material support for children, and the payment of monthly material assistance (alimony). Also, questions can be discussed about the maintenance of a spouse who cannot independently support himself for valid reasons;
the mode of meetings and communication of children with a parent who will live separately from them.

When the family has children, but the parents want to divorce and do it through the magistrate's court, then the presence of this agreement is a prerequisite.

How does a divorce take place through a court. Fundamental rules.

Divorce proceedings must be in accordance with the requirements of the law.

It is carried out in several stages:

drawing up a statement of claim to the court ();
registration of the application and the appointment by the court of the date of hearings in the case;
consideration of the case in court;
a court decision on divorce;
entry into legal force of the court decision;
issuance of a copy of the court order to the participants in the process;
contacting the registry office in order to register the fact of divorce.

Let's take a closer look at each stage.

Drawing up a statement of claim to the court, collecting documents

When they say that they are filing for divorce, they mean drawing up an appropriate application and submitting it to the court along with the package of documents necessary for this situation.

A statement of claim for divorce initiated by one of the spouses must be drawn up in accordance with the requirements of the Civil Procedure Code, namely, Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.

It consists of the following points:

formal part:
information about the court where the application is sent;
information about the plaintiff and the defendant (personal and passport data, place of residence and registration, where they work, phone numbers);
descriptive part:
information about where and when the marriage was registered;
information about the children in the family (personal data, date of birth, where they are registered and live, where they will live after their parents divorced). In this paragraph, information is required on the preparation of an agreement between the parents about children;
a statement of the reasons why cohabitation is no longer possible;
information on whether the second spouse agrees to break the family ties;
final part:
the laws referred to by the applicant;
the requirements put forward in the case (to separate, designate the place of residence of children with one of the parents, decide on alimony, provide each of the partners with an equal share of jointly acquired property, etc.).

Also, the application must list the documents that the applicant submits to the court. They are needed as an evidence base for this or that information. Further, the date of drawing up the claim is recorded and everything is confirmed by the signature of the plaintiff.

Official papers required for unilateral divorce.

The application must be made in three copies:

the first copy is for the plaintiff himself. It must have a mark on its registration in court;
the next application is forwarded to the court;
the third copy is for the defendant in the case.

Papers attached to the application:

receipt of payment of the state fee;
power of attorney for the representative of the interests of the plaintiff;
marriage certificate (copy);
birth certificate of the child / children (copy);
papers from the housing office;
written agreement on the further upbringing and maintenance of children (if any);
financial documents providing information about the parent's income (to determine alimony);
other documents.

Issuance of a court order on a pending divorce case.

After the court decides to dissolve the marriage bonds, one month is allocated to appeal this decision. If during this period no statements have been received, the parties to the divorce proceedings receive a court decision in their hands, which indicates that this document has entered into force. Sometimes the court does not issue the decision itself, but only an extract from it, which is sufficient to change the entry in the registry office registration book.

How is the registration of a divorce in the registry office

If the court decided to divorce this married couple, this fact must be officially registered.

For this, a copy of the court decision or an extract is sent to the registry office. After registering this fact, the former spouses receive a certificate that their marriage has been dissolved. But to get such a document, they will have to wait another month.

Absence of one of the spouses at the hearing

The plaintiff and the defendant receive notice of the commencement of the hearing by mail. Sometimes citizens who agreed to a divorce, having received such a notice, change their minds or simply do not want to be present at the trial.

Someone simply does not want to wash dirty linen in public, reveal some family secrets to strangers, or simply drag out the process in order to subsequently achieve reconciliation.

Terms of divorce through court

Divorce in court. Minimum term

The easiest way to get a divorce is when all the controversial issues have been agreed upon between the spouses, a joint decision has been made regarding the residence of the children and the division of common property. Then the terms of the divorce process will be minimal, because there will be no need to look for a way out of various problem situations.

But it will not be possible to circumvent the requirements that are put forward for this procedure.

Therefore, the terms can be no less than those established by law:

after submitting an application to the court and registering it, at least one month must elapse. This time is allotted to familiarize the court with the circumstances of the case. If there are changes in the terms downward, the court order may be invalidated;
The spouses can appeal against the decision of the court within the time limit established by law. It equals one month. When during this time there are no appeals, the court decision will come into legal force.

So, from all of the above, we can conclude that two months are enough for divorce in court (in accordance with the law and favorable circumstances of the case).

How long will it take to dissolve a marriage if one of the spouses does not consent to it?

V in this case the time frame will be extended to three months.

This will happen due to the next action of the court - the appointment of a time limit for the reconciliation of the parties. When the court sees that the reasons for the divorce are not very convincing, and there is a dissenting party, it can set a time limit for reconciliation. It usually equates to three months.

Sometimes the parties to the process ask the court to reduce this period. In general, the period of reconciliation is from one to three months, it all depends on the circumstances of the case. When no reconciliation has taken place, the court will divorce the couple. That is, given the period for reconciliation, the process may drag on for one to three months.

How long will a divorce last if one of the parties avoids it?

Unfortunately, often the parties involved in the divorce try to delay the process. This does not lead to anything good.

If the spouse does not appear at the court session, it will be postponed for several days. The deferral of the consideration of the case may be established for no more than three months (the total amount of days).

As a result of the fact that one of the parties will delay the process, will not come to the court sessions, presenting documents confirming the existence of valid reasons, and also deliberately demanding the postponement of the sessions, the whole process will drag on for several months.

How long will it take to divorce a couple in whose case there are many controversial points?

When parents cannot come to a common decision about the place of residence of their children after a divorce, or do not share in any way the property acquired during their entire life together, this will also lead to a delay in the procedure.

In addition, there will still be a need to resolve the issue with the choice of the court instance for considering this case. If the cost of the claim does not exceed 50 thousand rubles, then the magistrate will be able to dissolve the couple.

Otherwise, when the value of the property is estimated at more than 50 thousand rubles, then this case should already be considered by the city court. And these are new dates and new dates for the beginning of meetings. That is, the process will drag on again.

Summing up, we note that the more controversial moments and misunderstandings between the spouses, the longer the divorce process will be. Ultimately, it can last anywhere from 3-6 months to a year.

What other circumstances affect the duration of the divorce proceedings?

Sometimes the banal carelessness of the court staff can affect the term of the divorce. Also, bureaucratic delays cannot be avoided in this matter. In addition, the judges may be on vacation or one of the parties to the process will deliberately delay all procedures.

It is almost impossible to give a definite answer to the question of the timing of a divorce. It is influenced by a lot of objective and subjective reasons.

State duty in case of divorce through court

The state has established a special duty, which is a certain payment for the services provided by the court.

When a divorce is carried out through a court of law, the fee will have to be paid twice:

the first payment is made upon filing an application to the court. The court is given a document confirming the payment of the state duty in the amount of 600 rubles (clause 5, clause 1 of article 333.19 of the Tax Code of the Russian Federation);
further, the spouses face the payment of the duty already when registering a divorce by the registry office. In this case, each spouse makes the payment separately. The sum will be 650 rubles (clauses 1, clause 2, article 333.26 of the Tax Code). A person who wishes to receive compensation for the costs of legal fees can indicate this fact in the application. If the court satisfies this request, then the losing party must compensate for the costs of the divorce case (Art. 98 Code of Civil Procedure).

Important! If one of the spouses does not agree with the court ruling, he has the right to appeal and appeal. This application is sent to the higher courts. There is no state duty for such a statement (clause 1 of clause 6 of article 333.26 of the Tax Code).

When the statement of claim contains a requirement for the division of property, then the parties to the process will have to pay a state fee, and each pays separately.

In general, summing up the calculations, we can conclude that a divorce and division of property can cost the applicant the following amount:

400 rubles - the minimum amount that the plaintiff will pay for the division of the property, if it should be assessed accordingly;
60 thousand rubles - the maximum payment.

If the spouses want to familiarize themselves in advance with the amount of the mandatory fee when filing a property claim, they should refer to the Tax Code of the Russian Federation. This information is contained in p. 1 clause 1 of Art. 333.19 NK.

When a claim for the recovery of alimony is indicated in the application, the plaintiff is exempted from paying the mandatory fee. You will have to pay the state fee only for divorce.

The size of the state duty in this case will be 150 rubles (clauses 14 clauses 1 of article 333.19 of the Tax Code). The spouse to whom the payment of alimony is determined must pay an additional amount assigned by the court in connection with the satisfaction of claims for the payment of alimony.

Sometimes, at first glance, many people think that divorce is quite simple and not too long. But if you look at it from the side of the law, this process is not so primitive. In practice, litigation on family issues has been noted more than once that it lasts a long time, especially when the spouses cannot come to a mutual decision. In some cases, even such consent of a married couple and the absence of claims against each other with regard to property and children is not enough. Employees of the registry office, with such difficult issues, will not be able to provide assistance and divorce a married couple quickly.

The conditions under which the divorce proceedings take a long time indicate a lot of unresolved issues between husband and wife. Therefore, the documents submitted to the registry office may be rejected, which will provoke such a process as a divorce through the magistrates' court, the procedure for dissolving family ties in which is rather complicated. In this case, both parties need to know all the little things about the divorce proceedings. As a rule, the employees of the registry office, after obtaining consent from the married couple, issue a certificate confirming the divorce within a month, from the date of registration of the application.

The procedure for dissolving the wash through the registry office provides for a longer time. Sometimes you have to get divorced unilaterally. What reasons contribute to divorce unilaterally through the registry office, how many times do you need to postpone the term? It depends on the other side, who does not want to get divorced. If your significant other visits the registry office, but stubbornly refuses to agree to a divorce, such cases are referred to the court. If there are no children and nothing to share, but the spouse avoids visiting the registry office, then after the third failure to appear, the divorce is carried out unilaterally.

What happens after the case is brought to court? Here, too, there is its own procedure, and in order to obtain a certificate confirming a divorce, you need to correctly draw up all the documents, the list of which is not too long. How long does the divorce procedure take, what conditions can be put forward, a list of necessary documents, when you can get a divorce certificate, is the divorce process going unilaterally - we will try to answer all these and many other questions in this material.

When the process of breaking up relations through the court is inevitable

Many married couples, if they wish to divorce, do not know where to submit the package of documents, what kind of papers are specifically needed. Which body to apply to, the registry office or the court. It all depends on what reasons you have for the decision to divorce. What is the state of your interpersonal relationships, are there any disputes and unresolved matters. There are several cases when a divorce through the registry office is impossible:

if one party decides to divorce, and the other, for various reasons, does not agree to such a procedure;
both spouses made a mutual decision to divorce, but one of them cannot or does not want to visit the registry office;
in the presence of joint children born in marriage and under the age of majority.

In accordance with the legislation of Russia currently in force, one of the participants in the divorce in any case remains the defendant, the second plays the role of the plaintiff. Usually, such cases are considered by a world court, but if minor children are involved in them, then the process takes place in the branch in the applicants' district, regardless of how many children you have. The filing of a claim from the applicant is directed to the court located in the area of residence of the second party - the defendant.

When the court and the plaintiff do not know exactly where the defendant is, the statement of claim is sent to the location of the property in his ownership.

Cases of a similar nature may also be tried in the judicial branch located in the applicant's area of residence. He can file a claim there if one of several circumstances occurs:

if children under the age of majority live or are registered with the applicant;
the plaintiff is seriously ill, his health cannot afford to visit the judicial department located at the place of residence of his spouse;
with the mutual consent of both spouses that their cases will be considered in a court located in the area where the applicant's home is located.

We submit a statement of claim

Before filing a statement of claim and documents for divorce through the court, the plaintiff must competently draw up it, from the legal side, and also collect a complete list of papers. Here care and accuracy are required, and sometimes the help of a qualified specialist may even be required. The conditions for starting this process are such that if the application is not drawn up quite correctly, then it will not be accepted. Therefore, the help of a lawyer specializing in family rights will not hurt you. If you want to soon receive a certificate that will confirm the divorce, it is better to immediately turn to it, so as not to delay the process of doing business, not to waste time and nerves.

The application must indicate the reason for its registration. You can point to a conflicting relationship that led to the need to get a divorce.

After correct drawing up, a package of documents must be attached to the statement of claim. Their list is presented below:

certificate indicating the marriage between spouses (original is required);
a certificate indicating the birth of a child (there may be several of them, if the number of children born in a marriage exceeds one), copies will do;
to resolve issues related to children or alimony, you will need certificates of the wages of the husband and wife;
checks indicating the payment of state fees;
a statement of claim, which must be properly drawn up (if the addresses of residence and registration of both parties do not coincide, you must indicate everything, when the consent to break off relations through the judicial authorities is mutual, the basis is not necessary to announce);
if the second spouse - the defendant has given consent to the divorce through the court, then a statement will be required on his behalf, with a signature certified by a notary.

When the court accepts the necessary documents and an application from you, a date will be set for the start of the divorce proceedings - a court hearing. It is worth remembering that if the defendant is unable to attend the hearing, after the submission of a document indicating a good reason, the divorce occurs unilaterally.

On the appointment of the date of the court session

Dear Readers! Our articles tell about typical ways of solving legal issues, but each case is unique. If you want to know how to solve your particular problem - contact the online consultant form on the right or call the free hotline:
8 800 350-13-94 - Federal number

8 499 938-42-45 - Moscow and Moscow region.

8 812 425-64-57 - St. Petersburg and Leningrad region.

Many are interested in questions about how long the divorce process lasts, how long to wait for the first meeting, when the decision on the divorce is made. How long does it take to obtain the appropriate certificate. The date of the first hearing in court is set approximately one month after the filing of documents took place. One month is the minimum period. In fact, the terms of a divorce through a court can take quite a long time. You will be sent a notice in the form of a summons, which will indicate how long (date) and where you need to come (address of the judicial department) for the divorce proceedings.

The notice is sent not only to the respondent, but also to the plaintiff. After receiving it, the defendant must appear at the hearing without fail in order to get a divorce. The application must indicate the correct address of the respondent, where the notice will be sent. Otherwise, he will not receive it.

The procedure takes place unilaterally if the defendant is in prison, incapacitated and has no claims against the plaintiff.

At the time the divorce petition is being filed, additional claims are attached. For example, who will get the right to raise children, to pay alimony, to share property. You may also need help in drafting such statements. Therefore, it is better if a lawyer deals with their registration. In this case, it is better to submit them together with an application for divorce. It is more convenient and faster, and also less expensive. But it all depends on the desire of the spouses. Such claims can be filed separately, after the decision to break off family relations has been made. You can get a certificate and file another lawsuit, which will be considered in another case.

If the spouse acting in the role of the defendant does not have any claims and fully agrees to the dissolution of the marriage bond, such a process will not last long. The decision to dissolve the marriage will be made by the court already at the first session. But as practice shows, this happens quite rarely. Usually the second party, acting in the role of the defendant, has many contradictions. In such cases, the court often sets a time limit for the husband and wife to reconcile. How long such a period lasts depends directly on the specifics of the case in question.

You may not have to wait very long - one more month, after which you will receive a certificate. And you can get a period of three calendar months to resume family relations, which is long enough, especially if the spouses are not going to change their mind. By the end of this period, the next court session begins. The question of the dissolution of family relations is being raised again. If the spouses come to a mutual decision, then the marriage will be terminated. When the defendant again does not agree to the breaking of the marriage bond, the meeting is again postponed for a period that can again drag on up to three months. You may be eligible for a unilateral hearing when the defendant does not attend the hearing for the third time in a row.

Divorce proceedings

In case of mutual agreement to divorce, the court issues a ruling. The decision is made upon consideration of all the circumstances of the case. By the end of the ten-day period, this decree comes into force, time is given for appeal if one spouse is not satisfied with something. Basically, the lawsuits are related to the presence of minor children in the divorcing family or property issues. When the defendant does not appeal against the court opinion within this period, the family relationship becomes officially terminated, and all inquiries regarding family and property are closed.

The court fixes the time limit for the case of reconciliation, basically three months. In order for the spouses to weigh up all the pros and cons. After all, it happens that a decision of this kind was not taken deliberately out of a feeling of resentment towards your soul mate. But otherwise, it's always a winning claim. Especially if you can get the right to divorce unilaterally.

This can be done immediately, when submitting documents to the court, where the defendant must appear. Attaching a document stating that he will not be able to visit the meeting room, and also has no complaints, you will be divorced unilaterally.

Sometimes it is not so easy to obtain a certificate confirming the termination of family relations unilaterally. For example, an insufficient amount of evidence or the failure of one of the parties to appear contributes to the postponement of the hearing. Basically, it all ends in divorce. Even if one spouse does not want to make a decision in favor of the other.

Attention! Due to the latest changes in legislation, the legal information in this article may become out of date! Our lawyer can advise you for free - write a question in the form below:

From a legal point of view, divorce, or divorce, implies the end of a legal relationship between the spouses. At the same time, it does not matter at all whether they have children or not, divorce is possible in any case. Of course, the divorce procedure, if you have children, is a little more complicated. You can not do with an elementary appeal to the registry office. Even if there is no dispute about how to separate the children, you will still need to go to court.

Standard procedure for filing a claim in court

Before filing a claim, you need to decide which court to go to. The fact is that two types of courts are involved in divorce issues: the world and city (district) courts. The Magistrates' Court hears most divorce cases. If you have disputes regarding children, you need to file for alimony, then an appeal to the magistrate's court will be correct. If there are property disputes or, together with the divorce, the deprivation of the father or mother of parental rights is required, then it is better to contact the city (district).

The procedure for filing a statement of claim in court does not change, whether you have children or not. It is like this:

You contact the court secretariat and ask to give you a list of documents that must be provided. Usually this:

passport;
birth certificates of children;
marriage registration certificate;
an extract from the house book, which confirms that minor children live with you;
documents confirming the validity of the claim (evidence).

Be sure to indicate that you are asking for the consideration of the case at the place of residence of the plaintiff, especially if the defendant lives in another locality.

If there are children, the law allows this. In this case, the divorce procedure is greatly facilitated.

You are waiting for the appointment of the hearing. By law, parents are given 30 days to reconcile. If the claim is not withdrawn, then the plaintiff and the defendant are summoned to court. For the hearing to take place, at least one of them must be present at the hearing. The consideration of the case takes place in a working order, the court hears the parties and makes one of the decisions:

satisfaction of the claim;
rejection of the claim;
postponement of the meeting for another time.

Also, the court decides with whom the child will remain and, if an application for the appointment of alimony was submitted, approves their amount and establishes the procedure for their payment.

If the meeting was successful for the plaintiff, he receives an extract from the court order. With her, he alone or together with the defendant applies to the registry office, and the registration authority within 10 days issues to the applicants the original divorce certificate.

We serve for alimony

The procedure for filing a child support claim is the same as filing a divorce claim. Moreover, if there are children in the divorce proceedings, filing an alimony claim is highly advisable. In court, it is a normal practice when both applications - for divorce and the appointment of alimony - are considered within the same process. The divorce procedure in this case is less painful, since you do not have to go to the same court twice.

But it is not necessary to demand alimony through the court. The law provides for such a procedure when a voluntary agreement on the payment of alimony can be concluded between the former spouses. Usually, such a document fixes a fixed amount that the owner of the child will receive, and not a share of the payer's salary.

Evasion of alimony payment is a crime, and a malicious defaulter can always be brought to justice. But the obligation to make payments begins from the moment the court order enters into force or from the date specified in the agreement. If, for example, a wife filed for child support three or four years after the divorce, she cannot claim payments for those years.

The amount of alimony is established by the court depending on the defendant's salary and the number of children left to the second party.

Who is eligible to file for divorce

Usually a woman files for divorce. There are many reasons for this. In most cases, the courts satisfy claims if all the documents collected are in order, and the evidence provided by the plaintiff is convincing.

But there are cases when the husband files for divorce. The divorce procedure, if a man applies, remains the same. However, if his wife is pregnant or has a dependent child under 1 year old, he is not legally entitled to dissolve the marriage. The court will not even accept such statements.

But a woman has the right to file for divorce in any condition. In some cases, it is even necessary:

if the husband abuses alcohol or drugs, abuses the child;
if he is on psychiatric treatment or is declared incompetent by the court;
if he is serving a sentence of more than three years;
if he is reported missing.

The rules for divorce here remain the same, but the presence of the husband or his representative at the trial is not necessary.

If you have difficulty in divorce

And while the divorce filing form is not difficult to fill out, many plaintiffs have questions already at this first stage. There are lawyers who specialize in exactly. When should you contact a specialist before filing for divorce? Most likely in these:

if there are doubts about the correctness of writing the application for divorce;
if additional evidence is required;
if there is a need for the appointment of alimony;
if property disputes arise;
if a counterclaim is filed;
if the court has repeatedly refused to grant a divorce;
if there are disputes about who the child should live with after a divorce.

Legal assistance and advice may be required especially in unforeseen circumstances, for example, when a defendant serving a sentence was released on parole ahead of time and does not want to recognize a divorce.

In this case, you should find a specialist who knows all the nuances of divorce proceedings. In situations when it comes to the procedure for divorcing children, this may be simply necessary.