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Learn all about divorce marriage. Is it possible to find out the marital status of a person by passport data and via the Internet. Divorce through court with children, the procedure for divorce

How can you find out a person's marital status via the Internet?

Unfortunately, so often in life it happens that you meet a person, fall in love with him, become attached, and then suddenly it turns out that he is married, and he already has a family. At such moments it is difficult to understand what to do and how to act - you cannot imagine life without him, but the role of a mistress or lover does not fit into your plans. To prevent such a situation, it is advisable to make inquiries about the person from the very first days of acquaintance. Moreover, the first step is to find out his marital status and status.

Is it possible and how to find out a person's marital status via the Internet?

  • Of course, the very first and reliable source of information about a person's marital status could be his passport or registry office. But, unfortunately, such authorities do not have the right to provide such information. What then remains to be done?
  • Some people prefer to use the services of professional detectives in such situations. But this pleasure is not cheap.
  • You can try to conduct your own investigation with the involvement of all friends and relatives.
  • You can try to "dig up" all the information yourself on the Internet.
  • It is worth saying right away that with the help of the World Wide Web it is quite difficult to glean such data if a person is very secretive and does not leave a trace behind him.

But it's worth trying.

How to find out online: was a person married, officially divorced, is the man married and with whom, or is the woman married and with whom?



There are three ways to identify a person and their marriage online:

  1. Through the telephone directory.
  2. Through social media.
  3. Through communication programs like Skype or ICQ.


  • Using the first search method, it is necessary to fill in the number or full name in the electronic telephone directory online. the person you are looking for.
  • Sometimes the database records information that other people live at this address - they may be spouses.
  • It will be easy to understand from one surname and names of the opposite sex.
  • This method can work if the spouses have been living together for a long time, since the telephone database may already be outdated.




  • Very often, in communication programs like Skype or ISQ, when registering, it is required to fill in all the columns, including those on marital status.
  • If you know the nickname of the person you are looking for or his number, you can view this data through your account or through someone else's account.

Important! Do not trust sites that promise to help you find the information you need for a large reward. 90% of such sites are scammers, and instead of the necessary data, you can lose a lot of money.

We hope that our instructions will help you expose the deceiver or, on the contrary, make sure of the sincerity of your loved one.

How to find out the status of marital status on VKontakte: Video

Our legislation quite thoroughly regulates issues related to divorce. Although occasionally unexpected nuances occur. For example, a situation may arise when it becomes unclear whether the couple has been divorced, or whether they are still officially married. Why is this happening and what needs to be done in order to finally make sure that the divorce has taken place?

Get information at the registry office

This state body deals with the procedure for divorce of married couples, in the case when both spouses show consent. That is, if you did not consent to the divorce, then you could not be divorced.

It is worth drawing your attention to the fact that there are several conditions under which a divorce initiated by only one spouse can take place. This happens when the second spouse is serving a sentence in prison (at least three years).

Another condition is the absence of a spouse for a long time, while neither relatives nor friends have any idea about his whereabouts, and there is a decree on recognizing this person as missing.

The third condition is the recognition by the court of the second spouse as deceased. That is, the possibility of divorce on the initiative and consent of only one spouse exists.

To make sure whether a divorce has been carried out, you need to contact the registry office directly:

  • the settlement where the marriage took place;
  • at the place of residence of each partner.

To confirm your intentions to find out the truth, you need to write a statement and confirm it with a marriage certificate.

If you receive a positive answer, apply for your version of the divorce document.

Go to court

Most often, divorce proceedings take place in court. The second spouse might not have known about such an event if a notification was sent to the address of his last registration, but he no longer lived there. When the defendant is not announced at the meeting, the marriage can be terminated unilaterally.

How to find out if there was a divorce through a court? To do this, you need to send a request to the court at the place of your registration. Sometimes the initiator of the divorce has the right to file a claim in court at the place of his registration, so send a request to this authority too.

You are informed that the court has ordered a divorce. But this is not yet the final judgment.

It takes some time for the registry office to make the corresponding registration:

  • three days for the extract from the court decision to be submitted to the state body;
  • some time to carry out the standard procedure for registering a divorce and issuing the relevant documents.

A marriage is considered dissolved only after all the necessary procedures have been carried out at the registry office, and the former spouses have received the necessary documents.

How to find out the date of divorce

In Art. 16 of the Family Code of the Russian Federation states that citizens have the right to divorce by submitting an application together, or if one of the spouses is the initiator.

Article 18 of the same legislative act explains that marriages are dissolved in two ways:

  • if both partners agree to divorce. The application is submitted to the registry office. Form No. 8, form is used;
  • in the presence of other conditions, the dissolution of family ties takes place in court. Any of their partners can file a claim. To write it, you can use the sample posted.

Many divorcing people believe that the moment they were announced in court about the divorce is the beginning of their new and free life for each other. But this opinion is wrong.

The fact that a family ceases to exist legally only after the procedure for registering a divorce in a special book in the registry office is legally enshrined. It is also necessary to obtain certificates and confirm this fact with your signatures.

Former spouses can receive the document immediately or later. It doesn't matter, the marriage has already been dissolved. But it is worth noting that they will be able to enter into a new legal marriage only if they have a certificate of dissolution of the previous one.

Often, former partners think that the marriage has not yet been dissolved, since one of them has not received a certificate. It's a delusion.

The moment from which a married couple is considered to be officially divorced, and the fact of obtaining certificates are in no way connected. Receiving a document is only an official confirmation that the family is no longer there.

Who can get divorce information

Sometimes people, not out of idle curiosity, want to get information about the presence of an official marriage of another person.

This situation can be typical for the case when people meet and intend to tie themselves in the future by marriage. But some of the partners have doubts about whether there is a beloved other family behind the shoulders, and a marriage that has not yet been dissolved?

You can get such information only about yourself, while having a marriage certificate. But it is almost impossible to do this about another person. The registry office does not have the authority to give such information to strangers.

How do you get such important information?

  • When people trust each other, it’s better to take our word for it. But there is nothing wrong with asking a loved one to show the relevant documents;
  • When your loved one says that there is neither a passport nor a divorce certificate, advise him to start restoring documents;
  • Play detective - ask neighbors, mutual acquaintances or friends about whether your friend had a family, what is his current marital status, etc. Do not forget about social networks, which sometimes have quite extensive information;
  • Hire a private detective if it is so important and there is no other way to get information. Private investigation is a reliable source of the necessary information.

Sometimes on the Internet you can see an advertisement for the provision of services for the issuance of information about a specific person. If we are talking about a paid service, think about it, most likely, this is a common scam.

There is a legitimate way to get the information you are interested in. You can contact a lawyer. Any lawyer, in accordance with the law "On the Bar", has the opportunity to submit inquiries on an issue of interest to any authority. These organizations are obliged, within the time limits established by law, to respond to a lawyer's request.

In a law office, you can, by answering a request, get information about whether your loved one is married, whether he was divorced, how many marriages there were in general, etc.

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In everyday life, situations often arise when people change their marital status without the knowledge of their second spouse. Often, the second spouse, who does not actually live with his marriage partner, finds out about such a trick by accident, for example, when he applies for a tax deduction or requests other information from the authorities.

Interestingly, it is rather difficult to dispel suspicions through official state sources (you will have to look through the cases of all courts at the place of residence of the plaintiff, the defendant, the place of marriage), since information of this kind is confidential and can be provided only in relation to a specific person and at his written request. If you suspect that you have not been notified of a divorce, you should know the standard procedure for clarifying your social status.

Also, information about a person's marital status may be required when making transactions, hiring or performing other, legally significant actions, during which marital status may be important.

Is it possible to find out the date of the divorce

Contrary to the current stereotypes, the moment of termination of the marriage relationship does not coincide with the date of receipt of the court decision and its presentation to the registry office. The publication of a copy of the decision already indicates that at first there was a meeting, and only then there was a notification.

According to the current legislation, the date of divorce is the day when the registry office made the appropriate changes to the register of acts of state of citizens (and the date of divorce upon termination through the court is the date of entry into force of the court decision). It is noted that until 1996 there was uncertainty about the moment of termination of marriage, when the legislative regulations indicated the obligatory registration of a divorce in the registry office. In any case, the official confirmation of the end of the marriage is precisely the certificate issued by the registry office that executed the court decision.

Therefore, in order to find out the date of divorce, you need to have an accurate understanding of the method of divorce.

If you want to know the date of your divorce, you can get it:

  • In the registry office - when registering a divorce unilaterally under Art. 17 of the RF IC, as well as within the framework of a court decision, if it is presented for execution;
  • In court - if the decision is made, entered into force, but for some reason the spouse has not submitted it to the registry office.

IMPORTANT: Even if the spouse has not submitted a court decision to the registry office to register a divorce, your marriage has already been dissolved.

Neither the registry office nor the court can provide information about third parties.

The moment of divorce

In practice, it turns out that neither the issuance of a registry office certificate, nor a court decision can be a confirmation of the date of divorce without making appropriate changes to the book of acts. Both legal actions indicate only the fact of the performed action.

At the same time, when proving the termination of a marriage relationship, it is necessary to use a divorce certificate. For cases where it is important to clarify the exact date of the termination of the marriage, one should officially apply not to the court, but to the state department.

  • In case of divorce at the registry office - the date of the divorce record;
  • In case of divorce through a court - the date of entry into force of the court decision.

Example: The judgment was made on July 10, 2019. On August 12, 2019, it entered into force. The registry office received a court decision from one of the spouses on September 19, 2019, and on September 22, 2019, the registry office entered the relevant information into the civil registration acts. In this case, the moment of termination of the marriage will be 08/12/2019 - the moment the court decision enters into force.

How to find out if there was a divorce through the registry office

The law protects the rights and legitimate interests of citizens who seek to create a new family. In order to formally enter into a new relationship, it is necessary to complete questions with the past spouse. In such a situation, when the husband and wife live separately for a long time and sometimes do not even know the contact details of the opponent, the husband or wife can initiate divorce proceedings at their place of residence.

If the marriage can be dissolved in court without the defendant, then through the registry office, the mandatory presence of both husband and wife is required.

According to the Family Code, divorce in the registry office is possible only with the mutual consent of both spouses.

The exceptions to the rule are:

  • Unknown absence established by the court;
  • Incapacity;
  • Conviction to imprisonment for a term of 3 years or more.

In the presence of the above circumstances, the marriage could be dissolved without the knowledge of the second spouse. Information about the date of divorce belongs to the jurisdiction of the state department - the registry office. You should apply for information about the fact of divorce:

  • By requesting the registry office of the city where the marriage was registered;
  • In the registry office at the place of residence of the second half, indicating her data by full name.

A marriage certificate must be attached to the written request. If the answer is yes, it will be necessary to request a duplicate of the document confirming the divorce. It will already be possible to use it in the relevant authorities, for example, to challenge a divorce or collect documents to enter into a new relationship.

How to find out if there was a divorce through the court

The most common reason for the termination of a marriage is a court decision. The passage of the judicial divorce procedure is allowed without the presence of the defendant, while the other half as a result not only does not know about the beginning of the process, but also about its results. In any case, the presence of a court decision is not yet a reason to consider the marriage dissolved.

The court may consider a case without a defendant in the following cases:

  • Uncertainty of his place of residence;
  • Failure to receive a court notice for any reason;
  • Evasion of receiving correspondence.

From the date of the verdict, thirty days are usually counted down for the decision to enter into legal force, after which the extract is sent to the registry office or obtained by the plaintiff for self-presentation for execution.

This period is provided in case of receipt of objections (appeal). As soon as one of the spouses receives an extract from the court decision, he must apply to the registry office to obtain a divorce certificate. A divorce document is issued after the relevant information is entered into the civil status register.

If you believe that your other half could initiate the divorce proceedings without your knowledge, then you can go to court for this.

It can be done:

  • By sending a written request to the courts (magistrate and district courts) to the place of residence of both spouses;
  • Call the office of the judicial authority and clarify the matter there;
  • On the website of the court on the archive of cases, conduct a search by the name of the spouses.

If the divorce proceedings took place at the place of residence of one of the spouses, information about this in any case will be contained in the archive.

IMPORTANT: Courts can only give information about divorce to the person whom they concern. It is impossible to request information on the marital status of third parties - the court will refuse to provide it if the spouses are not the initiator of the request. Learn more about the procedure for divorce through the court.

How to find out if a person is married

The desire of people to find out information about the marital status of third parties is quite normal. Such information may be needed, for example:

  • When concluding real estate transactions;
  • When planning a marriage and starting a new relationship;
  • When applying for a loan or loan, etc.

The issue is complicated by the protection of confidential information, which is information about family status.

You can find out the history of your opponent's marital status in one of the following ways:

  • Based on a trusting relationship (you can just ask);
  • Get acquainted with the person's passport (information about the marriage and its dissolution must be entered there);
  • Ask for a marriage certificate, on which, in the event of a divorce, a corresponding mark is made on the reverse side;
  • If the opponent refers to the lack of supporting documents, you can ask him to clarify the information on a standard request in the registry office by requesting the appropriate certificate.

Alas, the only sure way to confirm marital status is an official certificate of a valid marriage registration record. A passport and marriage certificate are not always sufficient, since the spouse could have avoided appearing in court and not received the appropriate marks.

If you have any questions related to obtaining information about marital status and the date of marriage or divorce, our lawyers are ready to provide advice free of charge.

  • Due to the constant changes in legislation, bylaws and judicial practice, sometimes we do not have time to update the information on the site
  • Your legal problem in 90% of cases is individual, therefore, self-protection of rights and basic solutions to the situation may often not be suitable and will only lead to complication of the process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Divorce or divorce can be filed in court or at the registry office.

The most detailed information on divorce. After reading this article, in 99% of cases you will be able to dissolve the marriage yourself, without the help of lawyers. Find out all about divorce, in what cases it is possible to dissolve a marriage in the registry office, and when you need to go to court, how a divorce happens in a magistrate's court. A lawyer is ready to answer any questions about divorce. We give advice on divorce free of charge.

Download forms of documents and sample applications, examples of court decisions on divorce. After studying the presented material, you yourself will become specialists in divorce and can even give advice to your friends and acquaintances.

What is spouse divorce

An official divorce is the dissolution of a marriage between spouses. It is not enough just to disperse to different apartments, stop communicating and run a joint household. Divorce means that it happens in the prescribed manner, with the receipt of official documents confirming that the marriage is terminated.

Only those spouses who entered into it through the registry office can dissolve a marriage. The word divorce is not used in family law, it is colloquial. It is correct to say, and even more so to write in official documents - divorce.

It is possible to end a marriage not only by its dissolution, the marriage is terminated in the event of the death of a spouse, and in some cases it is possible.

Divorce procedure in 2019

For divorce, the desire of one of the spouses is sufficient. If the husband or wife wants to divorce, then the marriage will be dissolved in any case. Nothing here depends on the desire of the other spouse, but he can delay the time of the official divorce.

An exception to this rule is the period of pregnancy of the wife and the period of one year from the time of the birth of the joint child. At this time, the husband does not have the right to go to court with an application for divorce. He can only do this with the consent of his wife. Moreover, if the child was born dead or died after birth, the husband will still have to wait one year.

The marriage is dissolved either through the registry office or in court. The choice of the method for divorce depends on the presence of children and the wishes of the spouses. In case of divorce in court, after the entry into force of the decision, you still need to contact the registry office for a certificate of divorce. The general rule for a divorce is that it is drawn up no earlier than 1 month from the date of application.

Likewise, divorce occurs when one spouse, with mutual consent to divorce, is not able to come to the registry office. In this case, he draws up a notarized consent to divorce. If the spouse is in custody or serving a sentence in places of deprivation of liberty, his application can be certified by the head of the institution.

Recently, you can apply for the termination of a marriage through the multifunctional center of state and municipal services or through a single portal of public services.

Divorce at the registry office on the application of one spouse

Under certain circumstances, it is possible to dissolve a marriage through the registry office without asking the second spouse's opinion, at the request of one of them. These cases are strictly defined by the Family Code of the Russian Federation, we list them:

  • if one of the spouses is sentenced to imprisonment for committing a crime for more than 3 years. In this case, a copy of the court's verdict, which entered into legal force, is attached to the application to the registry office.
  • if the second spouse is declared legally incompetent by the court. A copy of the court decision on the recognition of the citizen as incompetent is attached to the application. For the procedure and conditions for recognizing a citizen as legally incompetent, see: .
  • if the other spouse is recognized as missing. A copy of the court decision is also attached to such an application to the state registration authorities, in more detail: .

Divorce in court in 2019

Grounds for divorce through court

Divorce through court will be required if there is no possibility and grounds for divorce in the registry office. The process of divorce will be longer, it will be necessary to draw up an application for divorce, collect additional documents, the judge can extend the trial to reconcile the husband and wife.

In court, divorce occurs when there are common children under the age of 18, when one of the spouses objected to divorce or when he avoids appearing at the registry office. In the course of considering claims for divorce in court, it is possible to declare the determination of the place of residence and the procedure for raising children, the division of jointly acquired property, the recovery of alimony for children and the maintenance of the spouse, and other disputes arising from family relations. However, it is better to do this by separate claims.

According to the general rules, the requirements for divorce belong to, if there are additional requirements, the case may become subject to jurisdiction by the district (city) court.

With regard to territorial jurisdiction, in general () claims for divorce are filed at the place of residence of the defendant. There are exceptions to this rule, in the presence of children or for health reasons, the plaintiff can file a claim at his place of residence ().

Divorce through court

Let us consider in more detail the procedure for divorce of spouses through the magistrate, if only the requirement to dissolve the marriage is filed with the court. If there are other claims combined into one proceeding, the case can be considered at a later date and with a large number of court sessions.

After filing the claim file to the magistrate or to the district court, you need to wait for a notice of the time and place of the trial. Typically, such a notice comes 10-14 days after the filing of the claim. If the notification has not been received, it is worth calling the court and finding out the reasons, perhaps abandonment. As a rule, if everything is in order with the application, the court appoints such cases immediately to court proceedings, 1 month after the application is received by the court.

You can come to the hearing in person or ask to consider the case in your absence. The defendant can take it to court or file.

First of all, the court finds out whether the defendant agrees to the dissolution of the marriage. If there is consent, the marriage is dissolved without further clarification of the motives and grounds for the divorce. If the defendant does not agree to divorce, the judge finds out the reasons for going to court, the possibility of maintaining family relations, and then gives a period for reconciliation. In this case, the court session is postponed for up to 3 months. At the next court session, if the plaintiff has not filed, the marriage is dissolved.

A court decision on divorce comes into legal force 1 month after it was made. If filed, the decision will enter into force after the case is considered by the court of appeal.

On the day when the court decision comes into force, the marriage will be considered dissolved. With a copy of the decision, you must contact the registry office, which will issue a divorce certificate. Divorce certificate is a document confirming the divorce.

Thus, in case of divorce through the court, the divorce will be formalized no earlier than 2 months, and it can drag on for 5-6 months if there is resistance from the second spouse.

Through the court, the marriage can be dissolved no earlier than 2 months

Divorce through court with children, the procedure for divorce

The procedure for divorce through court in the presence of children does not differ from the usual one. At the same time, in addition, requirements for the recovery of alimony, the determination of the place of residence of the children and the participation in their upbringing can be included in the application for divorce. However, we recommend not to do this, it is much more practical and faster to resolve these issues separately.

Divorce through the courts, even with children, is considered by the magistrate, he also considers claims for alimony. Family disputes involving children are considered only by the district court. Therefore, it is possible to submit separate applications to different locations. When registering a divorce through a court with children, the court can also give time for reconciliation, postponing the hearing for 3 months, at which time the remaining requirements will not be considered.

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Family Code of the Russian Federation on divorce

Chapter 4 of the Family Code of the Russian Federation. Termination of marriage

Article 16 of the RF IC. Grounds for termination of marriage

1. A marriage is terminated as a result of death or as a result of the declaration by a court of one of the spouses as deceased.

2. A marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse, recognized by the court as incompetent.

Article 17 of the RF IC. Restriction of the husband's right to file a divorce claim

The husband has no right, without the consent of his wife, to initiate proceedings for divorce during the pregnancy of his wife and within a year after the birth of the child.

Article 18 of the RF IC. Divorce procedure

Divorce is carried out in the civil registry offices, and in the cases provided for in Articles 21-23 of this Code, in a judicial proceeding.

Article 19 of the RF IC. Dissolution of a marriage at a civil registry office

1. In case of mutual consent to the dissolution of marriage by spouses who do not have common minor children, the dissolution of the marriage shall be carried out in the civil registry offices.

2. Dissolution of a marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, shall be carried out in the civil registry office, if the other spouse:

declared missing by the court;

declared incompetent by the court;

sentenced for committing a crime to imprisonment for a term exceeding three years.

3. Dissolution of marriage and the issuance of a certificate of dissolution of marriage shall be carried out by the civil registry office after a month from the date of filing an application for dissolution of marriage.

4. State registration of divorce shall be carried out by the civil registry office in the manner established for the state registration of civil status acts.

Article 20 of the RF IC. Consideration of disputes arising between spouses in the event of divorce in the civil registry offices

Disputes about the division of the spouses' common property, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or sentenced for committing a crime to imprisonment for a term exceeding three years (paragraph 2 of Article 19 of this Code), are considered in court, regardless of the divorce in the civil registry offices.

Article 21 of the RF IC. Divorce in court

1. Dissolution of a marriage shall be carried out in a judicial proceeding if the spouses have common minor children, except for the cases provided for by paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.

2. Dissolution of a marriage is carried out in court also in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage at the civil registry office (refuses to submit an application, does not wish to appear for state registration of divorce, and more) ...

Article 22 of the RF IC. Dissolution of marriage in court in the absence of the consent of one of the spouses to divorce

1. Dissolution of a marriage in a judicial proceeding shall be carried out if the court has established that further joint life of the spouses and the preservation of the family are impossible.

2. When considering a divorce case in the absence of the consent of one of the spouses to divorce, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months.

Dissolution of a marriage is carried out if measures to reconcile the spouses proved to be ineffective and the spouses (one of them) insist on the dissolution of the marriage.

Article 23 of the RF IC. Dissolution of marriage in court with mutual consent of the spouses to dissolve the marriage

1. If there is a mutual consent to the dissolution of the marriage of the spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the reasons for the divorce. The spouses have the right to submit to the court the agreement on children provided for in paragraph 1 of Article 24 of this Code. In the absence of such an agreement, or if the agreement violates the interests of children, the court shall take measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. The dissolution of a marriage shall be carried out by the court not earlier than the expiration of a month from the date of the submission by the spouses of an application for dissolution of the marriage.

Article 24 of the RF IC. Issues to be resolved by the court when deciding on divorce

1. In case of divorce in court, the spouses may submit to the court an agreement on who of them the minor children will live with, on the procedure for the payment of funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of the general property of the spouses.

2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, as well as if it is established that this agreement violates the interests of the children or one of the spouses, the court must:

determine with which of the parents the minor children will live after the divorce;

to determine from which of the parents and in what amounts the alimony for their children is collected;

at the request of the spouses (one of them) to divide the property that is in their joint ownership;

at the request of the spouse who has the right to receive maintenance from the other spouse, determine the amount of this maintenance.

3. If the division of property affects the interests of third parties, the court shall have the right to separate the requirement for the division of property into a separate proceeding.

Article 25 of the RF IC. The moment of termination of a marriage upon its dissolution

1. A marriage dissolved in a civil registry office shall terminate from the date of the state registration of the dissolution of the marriage in the civil registration book, and in the event of divorce in court - from the date of the entry into force of the court decision.

2. Divorce in court is subject to state registration in the manner established for state registration of acts of civil status.

The court is obliged, within three days from the date of entry into force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of marriage.

Spouses are not entitled to remarry before receiving a divorce certificate from the vital statistics office at the place of residence of any of them.

Article 26 of the RF IC. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing

1. In case of the appearance of the spouse, declared by the court as deceased or recognized by the court as missing, and the cancellation of the relevant court decisions, the marriage may be restored by the civil registry office upon the joint application of the spouses.

2. A marriage cannot be restored if the other spouse has remarried.

Answers to the most common divorce questions

I want to divorce my husband, he is against it. Which article to link to? He cheated on me.

Apply for divorce in court according to our model. You need to refer to Articles 21 and 23 of the Family Code of the Russian Federation.

Is it possible for a spouse to apply for divorce at the registry office of the city of Moscow if the marriage was registered at the registry office of the city of St. Petersburg? Registration of the spouse in St. Petersburg, registration of the spouse in the city of Moscow.

According to Article 32 of the Federal Law "On Acts of Civil Status", a spouse can apply for divorce at the registry office at the place of residence of one of the spouses or at the place of state registration of marriage. In your case, this means that you can apply to the registry office at the place of registration of any of the spouses, including in Moscow. If there is a mutual consent of the spouses to divorce and there are no joint minor children.

My husband has filed for divorce. If I don't go to the courts, how long will they divorce us? I want to delay the divorce.

Usually, a court hearing on such cases is scheduled one month after the filing of the claim. If you want to drag out the divorce, you need to go to court and declare that saving the family is still possible, ask for the maximum possible time for reconciliation. If you are persuasive, the Justice of the Peace will give a maximum of 3 months time for reconciliation. Argument your position precisely with the desire to save the family. If you don’t want to go to court, you can write a statement in which you state in writing a request to give time for reconciliation.

How can I apply for a divorce if my husband is in another city and cannot be present in person?

The personal presence of the husband in court is not required. After filing a statement of claim, the court notifies the defendant about the time and place of the proceedings, but his appearance is not required. He can write, if there is no such statement, the court will make a decision in absentia on the case. Please note in which cases you can file a statement of claim for divorce at your place of residence.

My husband and I have lived for almost two years, we have a baby 1.7 months old. I want to get a divorce. Registered in different cities. Where should I apply? And I don't know where he is now. What should I do?

You can file a claim with the magistrate at your place of residence, indicate the last known address of your husband.

I want to divorce my husband, but we have a small child (2 months). Will I be able to do this without his consent or wait for the child to grow up?

The law does not set limits on divorce for women. The fact that you have a small child sets a divorce limit for your husband, but not for you.

My wife and I decided to divorce, in 2 weeks she will give birth. Is divorce even possible?

In your case, it is necessary to take into account Article 17 of the Family Code of the Russian Federation: The husband has no right to initiate a divorce proceedings during the pregnancy of his wife and within a year after the birth of the child without the consent of his wife.
Since the divorce will occur no earlier than a month after the application is filed, you need to go to court with a statement of claim. Divorce is possible if the wife does not object, gives her consent, or she herself submits this application.

In the modern world, it is easy to hide the marital status, so girls and young people often doubt the sincerity of their partner and want to find out if he is married to another person and whether the divorce process is definitely over? Today, it is very important to have information about the details of your personal life, as there is a risk of getting into an unpleasant situation.

If it is possible to personally ask a person about marital status, it is better to clarify this information directly. Sometimes the relationship between a man and a woman has not yet reached the level of intimacy that allows talking about personal topics. In this case, you have to look for another way to obtain such information.

How do you know if there has been a divorce?

In accordance with Russian law, data on the conclusion or dissolution of marriage are not provided to anyone, except for persons who want to register or get divorced. If the question concerns information about the upcoming divorce, the details can be found in the presence of a marriage certificate, which will need to be provided at the registry office or in court. In accordance with the law on the protection of personal data, information about marital status cannot be disclosed by employees of state institutions.

Through the registry office

Sometimes divorce occurs unilaterally, when one of the spouses submits an application without the consent of the other. This opportunity is provided subject to the following conditions:

  • the spouse has been serving a sentence for more than three years;
  • reported missing or passed away.

In the future, the spouse who was not present at the divorce has the right to clarify information about his marital status. To do this, you must submit an application with a request to issue a duplicate certificate of divorce. A passport and marriage certificate should be attached to the application, clarify the reasons for their absence from the divorce proceedings.

Through the court

Sometimes unilateral divorce occurs through the courts. This is due to possible disagreements between the spouses. Any spouse can legally initiate a divorce. If the second spouse is absent from the court session, this will not be an obstacle for the court to make a decision on the registration of divorce. The absent party can find out about the judge's decision by filing an application with the judicial authority at the place of registration of the plaintiff.

The end of the trial is not the moment of termination of the marriage; after the end of the trial, the results of the consideration of the divorce case are transferred to the registry office within three days after the decision comes into force.

The end of the divorce process is considered to be the registration of the divorce at the territorial office of the registry office and the receipt of a divorce certificate.

Who can find out about divorce?

If a third party wants to receive information about the marital status of another citizen, he will not be able to do so, even if there is a family connection between these people. This question is quite relevant at a time when young people begin to make plans for the future with their partner and want to make sure that there are no legal obstacles to this.

Data on the marital status of any citizen can be provided exclusively to the person for whom they are requested and in the presence of a marriage certificate. Unauthorized persons do not have access to this information. What if you really need data on the marital status of a loved one? There are several legal methods for this:

A possible way out of this situation is to cooperate with a lawyer. A lawyer has the right to send inquiries to government agencies, including the registry office. Representatives of these institutions are obliged to respond to a lawyer's request within the time limit established by law.

Are there online services for applying?

Sometimes there is no way to talk to your partner, and sometimes you just don’t have the courage. Going to a lawyer is a good option, but quite expensive. The services of a private detective also require significant material costs. Is there another way to get accurate data on whether the partner was previously married and divorced?

Modern technologies make it possible to receive almost any information using the Internet. Various Internet resources contain information about the citizens of Russia, which can be found if access is allowed to them.

Some people carefully hide their personal information from outsiders on social media pages. In this case, it will not be possible to obtain information.

Through the Internet, you can find information about citizens and even find out the results of trials - according to the law, all courts are obliged to post decisions and results of closed cases on official resources. Access to this data is open to all users.

There are a number of sites designed specifically to search for information about citizens by last name, number and date of office work. If there is no other way, all the necessary information about court decisions can be found on similar resources. The most popular information resources:

  • GAS RF "Justice" is an official site that allows you to get access to information about legal proceedings. In order to find the information of interest, you need to go to the "Search for Judicial Acts" section and enter the initial data about the case (date, names of participants in the process, etc.) in special fields.
  • The official resource of the arbitration courts of the Russian Federation has a section "Card index of arbitration cases". On this page, you need to enter the data of the trial in the fields of a special form. When prompted, you can see details of the meeting results.
  • RosPravosudie has a fairly large database of courts, specific judges, lawyers and court decisions. In order to find out the information of interest, you need to enter the known data (date of consideration of the case, name of the judge) in special forms and send them for processing. If the information in the database matches the entered data, the person will receive the necessary information.
  • Court decisions of the Russian Federation - gives access to a unified information base, which contains the results of all trials that took place in courts of general jurisdiction. A preliminary data entry is required for the request, after which you should press the search button.