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Grounds and procedure for dissolution of marriage. The reason for the duration of this procedure is. Divorce in the registry office at the request of one spouse

More and more often people are wondering if divorce is possible without the consent of one of their spouses. It often happens that one person wants to end the relationship, and the other is against it. Is it really necessary in this situation to seek the consent of the one who advocates the preservation of legal relations? All the features of our today's process will have to be studied in full. After all, divorce is a serious step. And even the slightest mistake in preparing for this process can lead to the impossibility

Is it always bred

What to do if you want to end the relationship with your spouse, but he/she does not? It is worth referring to modern legislation. In Russia, there are special rules that are provided for by law. They concern the relationship between husband and wife.

So, divorce without the consent of one of the spouses is possible. Moreover, it is always carried out when one of the couple has a real desire to break off legal relations. These norms are spelled out in Article 22 of the Family Code. True, a lot depends on the consent of the spouse to divorce. For example, in which organs the described process will take place.

Where to go

The thing is that a divorce without the consent of one of the spouses is not a very simple operation. It requires special attention. According to the Family Code of the Russian Federation, if in a couple both the husband and wife agree to break off relations, this can be done at the registry office. But what if there is no agreement?

In this case, only a divorce through the court threatens. Without the consent of the spouse, you cannot go to the registry office and terminate the officially registered relationship. This is indicated in the Family Code of the Russian Federation, in Article 21.

Accordingly, you will have to apply to the judicial authorities. Either you go to the magistrate's court, or to the district court (it is customary to file a lawsuit at the defendant's place of residence). It all depends on your overall situation.

World judge

Can I get a divorce without the consent of my spouse? Yes, in Russia there are a number of cases when this process takes place. Of course, if there was consent, then the dissolution of the marriage would be easier. But not always in a pair, both are ready to break off relations.

It is best to contact the magistrate on this issue in certain situations:

  • or when you do not have disputes regarding the residence of children;
  • or provided that the jointly acquired property to be divided does not exceed 50,000 rubles.

That is, theoretically, one can come to the world court with a divorce claim and only in the absence of significant joint property. If this rule is not observed, you will have to file a claim with another authority.

District Court

How to get a divorce without the consent of the spouse, if going to the justice of the peace is impossible? In cases where you have children and you cannot agree on their further residence, you will have to go to the district.

In addition, in the district courts, claims are considered for the rupture of formalized relations when the couple has significant joint property in value. Divorce without the consent of the spouse (without children) also occurs in these authorities.

Now that it is clear where exactly to turn, it is worth considering the divorce process better. If you prepare properly in advance, then you can bring the idea to life in just a few months. What features should you pay attention to first of all?

Not right away

Any divorce - with or without mutual consent - is not formalized immediately. Citizens are given time to reconcile. This is a mandatory part of the divorce process. Therefore, if you intend to end the relationship, be prepared for the fact that for some time you will "put up" with your spouse.

As practice shows, by the time they apply to the court or the registry office, citizens no longer live together. Therefore, all that remains for you is to wait for the reconciliation period to expire. Usually, only 30 days, a month, are given to think about a decision. If you are determined, after this period you will definitely be divorced. It does not matter, in the registry office or in court. The main thing is that you get your way.

Just keep in mind: if you decide to make peace and save the relationship, the claim will have to be taken away. You must meet within the allotted month. Or do it directly at the hearing.

Men women

Divorce without the consent of one of the spouses is always formalized, with rare exceptions, it will not be possible to break off relations. In Russia, a lot depends on who is filing a lawsuit.

The fact is that men have fewer rights in terms of divorce. So, husbands cannot divorce on their own initiative from a wife who is in position. This prohibition applies even after the birth of the child. Men will not be given a divorce until the baby is 1 year old.

At the same time, even during pregnancy and a newborn child, it is still possible to formalize a break in relations. How? To do this, a woman must file a claim. In this case, a divorce without the consent of the husband will take place in court, but it will certainly take place. Women during pregnancy and in the first year of a baby's life are given more opportunities in relation to the task set in this article.

Duty

How to get a divorce without the consent of the spouse? Once you have decided which court to apply to, you can begin preparing documents. The first stage is the payment of the state duty. Without this payment, your application for divorce will not be accepted. Therefore, before visiting the court, try to pay off the state.

How much will you have to pay for a unilateral divorce? At the moment, you will have to pay 600 rubles for a divorce suit. The amount of the state duty is prescribed in the Tax Code of the Russian Federation, in article 333.19, paragraph 1, subparagraph 5.

This amount of money is charged only from one spouse - from the initiator of the divorce. As soon as the court of your choice is paid, you can apply for consideration. Just pre-collect a certain list of documents.

Documentation

So, what do you need to bring with you to the judicial authorities in order for your divorce suit to be accepted? The list is not too big. By the way, copies must be attached to the originals. You don't need to verify anything. In order for you to be able to dissolve the marriage in court, present:

  • Marriage certificate;
  • documents confirming the birth of children;
  • receipts for filing a claim;
  • claimant's passport.

This is where the main list ends. Additionally, you can attach documents-grounds for divorce, and the residence of children, as well as on the division of property acquired over time. True, usually in the absence of the spouse's consent to a divorce, there are no such papers. Unless the grounds for divorce can be confirmed.

Separate attention requires an application for divorce without the consent of the spouse. You must properly draw up a claim, otherwise you can not hope for success. What should be included in this document?

Firstly, information about yourself and about your spouse who disagrees with the divorce. Passport data will do, as well as just information that may affect the course of the case. This is especially true if you have minor children.

Secondly, the claim must indicate the presence / absence of children. Whether there is agreement regarding their residence, as well as upbringing, this should also be written in the application.

Thirdly, you must somehow justify your decision. This is especially true in cases where there is a spouse who disagrees with the divorce. Anything can be a motive. The main thing is not to lie. If you have evidence that can support your words, indicate them and bring them with you to court.

Fourth, at the very beginning of the statement of claim, it is required to indicate the judicial authority to which you are filing a claim. This is a prerequisite for making an appeal.

Fifth, it is desirable to register all the joint property you have. And if you have an agreement on its division, indicate what and to whom after the divorce will be relied upon. Do not forget to specify the presence of a marriage contract in the claim.

Once you have completed the application, you can apply to the court with the above list of documents. Then it remains only to wait. As a rule, the presence of both spouses is required for the meeting. If a dissenting citizen decides to evade this process, do not be upset!

Avoidance of meetings

Why? Because you have every right to terminate the previously legalized relationship. And the absence of one of the spouses is not an obstacle to the process. Several times the meeting can be postponed and re-invite the party that disagrees with you to Divorce without the consent of one of the spouses is still possible. It will just take more time.

Approximately from the 3rd time, the divorce will take place without the participation of both spouses. You will be issued a court opinion, which will be useful later. Indeed, after the trial, the divorce is not considered fully completed. One more thing needs to be done.

Final stage

Without the consent of the spouse, this is a very laborious process. As soon as you have a court decision indicating the termination of a previously legalized relationship, you can proceed to the last step. We are talking about a visit to the registry office. After all, you need to get a divorce certificate.

You need to come to the registry office at your place of residence. Take with you:

  • the passport;
  • the court's decision;
  • marriage certificate;
  • birth certificates of children (if any).

In addition, you will have to pay a state fee for issuing a certificate. At the moment, an additional 350 rubles will be required from you. submit to the registry office. In the same place, draw up an application for registration of a certificate of divorce. That's all. It remains only to wait until you receive the appropriate document. In fact, legal divorce is not as simple as it seems. Especially if you have children. In this case, you must present documents on your earnings, as well as housing.

Now it is clear how you can file a claim. Divorce without the consent of the spouse is a rather laborious process. As already mentioned, it is necessary to prepare for it in advance. If you have witnesses who can influence the course of the case, invite them to the meeting and indicate in the claim.

Two state bodies are authorized to terminate a marriage:

  • Registry Office;

How can you quickly and correctly divorce your husband or wife?

First of all, it is necessary to reach an agreement between the spouses.

The divorce process deals with two main issues:

  • property;
  • children.

If the spouses reach a mutual agreement through negotiations on their own and without the intervention of a judge, both parties will get what they need. In this case, state bodies will only register the official termination of marriage ties.

In case of disagreement regarding the upbringing of children, the payment of alimony or the division of property, the judicial authority will make a decision in accordance with applicable law. In this case, both parties may be dissatisfied.

It is better to agree in advance on where and with whom the child will live, who will stay in the common house, how much money will be allocated for the maintenance of children. In this case, it is more likely to reach a compromise.

The judge will decide the issue in accordance with the law. A married couple at any time can resolve all problems regarding their property and children, fix the agreement with a notary and go to court for a divorce in an indisputable manner.

How to quickly get a divorce through the registry office?

The process of family separation in the registry office is simplified.

Husband and wife collect the relevant documentation, draw up an application, pay the state duty. After 1 month, they receive a certificate of dissolution of marriage, all mutual obligations cease.

The registry office has the right to terminate the marriage under the following conditions:

  • no common minor children;
  • lack of disputes over property;
  • both spouses mutually agree to a divorce.

In cases where one of the spouses is unable to appear at the registry office, he writes a statement of his consent to the termination of marital relations and notarizes the signature on the document.

Note! One of the parties to the marriage must be personally present during the filing of documents - representation in this matter is prohibited.

In case of disagreement, the registry office loses all powers to dissolve the marriage - the case will be considered in court.

However, there are cases when the completion of marital relations is carried out at the request of one of the parties:

  • one of the spouses is declared missing;
  • declared incompetent;
  • sentenced to more than three years in prison.

In such exceptional situations, the registry office will terminate the marriage. Disputes about property and children must be resolved in court.

How does a divorce go through the court?

With a general agreement on the upbringing of children and the division of property between the spouses, a statement of claim is submitted to the justice of the peace, in which it is indicated that it is impossible to maintain family relations, and the marriage should be terminated.

Basically, the claim is filed at the place of residence of the defendant. However, in family disputes, it is possible to file a claim in the place where the plaintiff lives.

Note! If you file a claim at a personal reception with a judge, the marriage union can be terminated faster.

The court applies for a divorce in the following cases:

  • there are minor children;
  • there are disputes over property;
  • one of the parties refuses to terminate the marriage.

In the latter case, the judge will give the couple time for reconciliation - a period of 3 months. If the spouses have not maintained relations during this period, the marriage is terminated, even if one side does not want to divorce.

Quickly? In general, breaking up officially registered relationships is not as easy as it seems. Especially if the marriage is complicated by something. For example, the presence of minor children. In any case, you can terminate the relationship at any time. This right is given by law to all citizens. Nobody is able to take it away. However, you need to be aware of a few nuances. Otherwise, the divorce process will not only drag on for a long time, but will also bring a lot of problems to the spouses. So what should you pay attention to? How can you get a divorce pretty quickly? Especially if there is no protest from the second half.

From the situation

A huge role is played by the situation that takes place in the family. Somewhere divorce takes place in a matter of days. In some cases, it drags on for many months. And the consequences also take quite a long time to sort out.

That is why you should first pay attention to what kind of development of events takes place in a particular cell of society. How to quickly divorce your husband? The fastest way is mutual consent. Then you don’t have to wait once again and seek the approval of your spouse. Therefore, the first advice - you need to enlist the support of the second half. It is likely that she is also not happy with the registered relationship.

Without property

To begin with, it is worth considering the simplest scenario: when the marriage is not burdened by anything and the parties do not have any jointly acquired property or disputes regarding this issue. Then an urgent divorce is issued in a month.

Citizens must apply to the registry office at the place of residence of one of the parties. Certain documents are submitted there, then you need to wait a month. During this period, the husband or wife is able to withdraw the application for divorce. 30 days according to the law is the time of reconciliation.

As soon as this period expires, the parties must return to the registry office at the appointed time (possibly at different times, not necessarily together) and receive a divorce certificate there.

Documents that you need to bring with you to terminate the relationship (at the first visit):

  • statement;
  • parties' passports;
  • receipt for payment of state duty.

Property disputes (small)

How to get divorced quickly? If we are talking about more serious relationships that were burdened by the purchase of common property, then you will have to try. Especially if there are disputes during the separation.

Here you can break down property issues and divorce into several parts: disputes small and large. In the first case, it is recommended to agree. If this does not work out, then the initiator of the divorce must go to court.

You should not be afraid of this. You will need to write a claim and submit it with a certain list of documents to the district court (at the place of residence of one of the spouses). They bring with them:

  • passports of applicants (or one of them);
  • marriage certificate;
  • documents for joint property;
  • payment document, which confirms the payment of the state fee for divorce.

The minimum term for consideration of the case is 3 months. So much is allocated for reconciliation of the parties. If desired, citizens can withdraw the claim and not file a divorce.

Serious property disputes

Nevertheless, it often happens that people tune in decisively. Then there is only one thing left - to get divorced. If we are talking about mutual consent, but at the same time the divorce process is burdened with serious property disputes (over 50,000 rubles), then you will have to go to the world court.

There is no significant difference in performance. But, as practice shows, it is best to peacefully agree on the division of everything acquired together. And this is normal. It is recommended to conclude Or in advance at the notary, or already directly in court. Then it will be possible to get a divorce without problems.

The documents that must be submitted to the Magistrate's Court are the same as in the case of applying to the district authorities. Special attention should be paid. After all, that is why it is necessary to formalize the process in court.

Children

How to get divorced quickly? It will not be possible to bring the idea to life in the shortest possible time if people have minor children. We are talking about joint kids. In this case, the only way is through the courts. There is only one difference - in the absence of disputes regarding the residence of children, the termination of the relationship ends faster.

Parents were able to agree with whom the children will live? Then a settlement agreement is concluded (preferably in advance, with a notary), after which the previously listed documents are submitted to the Magistrate's Court. If there is a conflict, then you will have to invite the guardianship authorities and additionally provide:

  • income statements;
  • birth/adoption certificates (in case of any divorce);
  • confirmation of the availability of housing;
  • results of a medical report on the state of health.

In general, everything that will help indicate the well-being of parents. In particular, those with whom the children are supposed to live. This is a completely normal practice, you should not be afraid of it. Usually minors stay with their mother.

newborns

How to get divorced quickly? Practice shows that during the wife's pregnancy and after childbirth, a man is not able to bring the idea to life. If he intends to terminate the officially registered relationship, then he will have to persuade his wife to do so. A pregnant woman can file for divorce, her husband cannot. And this right is reserved mainly for a woman for a year from the moment the baby is born.

In general, the process is no different. If the spouses both agree, they apply to the registry office with a statement at the place of residence of the wife. In the presence of disputes - in the world or district court. The plaintiff must be a woman.

After the courts

Now it’s clear how to get a divorce quickly by mutual agreement. However, what to do if the judgment is already in place? Courts do not issue divorce certificates. So, it is required to produce the corresponding document.

As already mentioned, you need to come to the registry office. There are provided:

  • certificates of a court decision;
  • application of the established form;
  • the identity of the parties;
  • certificate of marriage and birth of children (if any);
  • fee payment receipt.

After that, the employees will issue the appropriate document to each of the parties. can be picked up. Only then can the process be considered 100% complete.

Price

What else needs attention? That divorce is not a free process. Just like getting married. As practice shows, citizens will have to pay for these procedures.

The cost of a divorce in 2016 is 650 rubles. This amount is paid by one of the parties, it is considered for both spouses. Not too big money.

In addition, the unspoken cost of a divorce can include nerves and time (from 1 to 3 months minimum). Accordingly, if there are no encumbrances, then the process will pass quickly. But if you have children and common property, you will have to try hard. Now it’s clear how to get a divorce quickly in one case or another. It is recommended to think carefully about whether this is necessary. And just like that, do not submit an appropriate application to the registry office or the courts. Yes, within a month you can pick it up, but in this case, relations between the spouses are unlikely to improve!

During the life of the spouses, the marriage is terminated by divorce. Unfortunately, the number of divorces in our country is still high.

Divorce is a legal act that terminates the legal relationship between spouses for the future. Divorce is placed under state control and can only be carried out by state bodies: the registry office and the court, other bodies are incompetent to consider divorce cases. This or that procedure for the dissolution of a marriage is provided for in the law depending on certain circumstances and cannot be predetermined by the desire of the parties. An application for divorce can be filed by either one of the spouses or both spouses.

Marriages between spouses who have expressed their consent to divorce and do not have minor children are terminated in the registry office. And we are talking about common minor children. The presence of a child in one of the spouses by a parent, or whose adoptive parent is not the other spouse, does not serve as an obstacle to the consideration of the case in the registry office. As a result of the dissolution of a marriage, personal and property legal relations that have arisen between spouses in a marriage are terminated. The marriage is considered dissolved from the moment of registration of its dissolution in the registry office.

In court, a marriage is dissolved at the request of both or one of the spouses. The marriage is terminated if the court determines that the further life of the spouses and the preservation of the family have become impossible. When considering a divorce case, in the absence of the consent of one of the spouses to dissolve the marriage, 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. The dissolution of the marriage is carried out if the measures for reconciliation of the spouses were unsuccessful and the spouses (one of them) insist on the dissolution of the marriage.

It should be borne in mind that the husband does not have the right, without the consent of his wife, to apply to the court for a divorce if the wife is pregnant, and also within one year after the birth of the child. This rule also applies when the child was born dead, or did not live up to one year. The wife has the right to raise the issue of divorce in court in any case.

Marriages are dissolved by court order:

  • a) between spouses with minor children;
  • b) between spouses, one of whom does not agree to the dissolution of the marriage, because in this case a dispute arises, the resolution of which is within the competence of the court;
  • c) between spouses, although they have expressed their consent to divorce, but are arguing over the division of property that is their common joint property, on the payment of alimony to a needy disabled spouse;
  • d) between spouses, if one of the spouses, despite the absence of objections, evades the dissolution of marriage in the registry office (refuses to submit an application, or, having submitted it, does not want to appear to register a divorce).

An application for divorce is filed with the district (city) people's court at the place of residence of the spouses, if they live together, or the defendant's spouse if they live separately (Article 117 of the Code of Civil Procedure). An application for divorce from persons sentenced to less than five years' imprisonment shall be filed with the people's court at the last place of residence of that person prior to his conviction. If the spouses have minor children, or if the applicant's spouse has difficulty in traveling to the place of residence of the other spouse due to the state of health of the applicant, then an application for divorce may be filed with the people's court at the place of residence of the applicant.

An application for dissolution of marriage with persons who have been conditionally sentenced to deprivation of liberty with compulsory labor or conditionally released from places of deprivation of liberty with compulsory labor shall be filed with the people's court at their place of residence during the performance of work. If the applicant has minor children or travel to the place of residence of the other spouse is difficult for health reasons, then the application is submitted to the people's court at the place of residence of the applicant. There are cases when a spouse who wants to dissolve a marriage does not know where the other spouse lives, and, of course, cannot get his consent to divorce. In this case, an application for divorce is filed with the people's court at the last known place of residence of the other spouse or at the location of his property.

However, in this case, another way is also possible - the spouse has the right to apply to the people's court at the place of his residence with an application for the recognition of the second spouse as missing. This is possible if there is no information about his place of stay during the year. After the court makes such a decision, a divorce from a person recognized as missing is carried out in a simplified manner by the registry office.

Divorce cases are considered, as a general rule, in an open court session, but at the request of the spouses, when the intimate aspects of their lives are affected, they can be considered in a closed session. Simultaneously with the dissolution of the marriage, the court may resolve the disputes that have arisen between the spouses:

  • a) with which of them the children will live after the divorce;
  • b) on the recovery of funds for the maintenance of children;
  • c) on the recovery of funds for the maintenance of a disabled spouse;
  • d) on the division of property that is common joint property.

The divorce court may:

  • a) make a decision on the dissolution of the marriage;
  • b) dismiss the claim;
  • c) postpone the trial of the case and set a period for reconciliation between the spouses within the limits provided for by law, if it was not possible to achieve reconciliation of the spouses in the court session. This period is set within 6 months.

If the spouses nevertheless decided to get a divorce, and the court ruled on the dissolution of the marriage, then the (former) spouses can at any time apply to the registry office to obtain a divorce certificate. Registration of divorce is carried out regardless of the time that has elapsed after the court has issued a decision on divorce.

Directly in the registry office (registration of acts of civil status), the marriage is dissolved if the spouses do not have children under the age of 18 and they both agree to a divorce. And we are talking about common minor children. The presence of a child in one of the spouses by a parent, or whose adoptive parent is not the other spouse, does not serve as an obstacle to the consideration of the case in the registry office.

The registry office that accepted the application for divorce can register it only after 3 months from the date of receipt of the application in the presence of both spouses. This period may not be shortened in any way. However, if both spouses must be present when submitting an application to the registry office, then registration of divorce can be carried out in the absence of one of the spouses if there is a duly certified application confirming consent to divorce.

In the bodies of the registry office in a simplified manner, a marriage can be dissolved with a spouse who is recognized by law as invalid due to mental illness or dementia, missing or sentenced to imprisonment for a period of at least 5 years.

In this case, the divorce is registered with the registry office at the place of residence of the applicant spouse, who must submit a marriage certificate, a copy of the court decision that has entered into force on recognizing the second spouse as incapacitated or missing, or a copy of the court verdict on deprivation of liberty (conviction) that has entered into force. ) second spouse for a period of at least 5 years.

Insurmountable social tensions in family relationships, personal factors and other characteristics in the union of two people can cause divorce - a process enshrined in regulations. However, there are statutory reasons for allowing divorce.

Grounds for divorce fixed in Article 16 of the RF IC:

  1. The presence of documents confirming the death of the spouse.
  2. The presence of a statement confirming the desire to get a divorce.
  3. The incapacity of one of the spouses and, as a fact, a statement from the guardian.
  4. Imprisonment for more than three years.
  5. Reasons for declaring the union invalid (see below).

The mechanism of the divorce process is launched if one of the above points takes place.

The only obstacle to the termination of family and marriage relations: the husband will be 100% the application is denied if the family is expecting a child or already has a child under one year old ( Art. 17 RF IC).

registry office or court?

Two bodies supervise the divorce process based on Art. 18. RF IC: administrative (registry office) and judicial and legal (court). Each of them has its own powers.

The easiest way to resolve the issue of divorce is to contact the registry office ( paragraph 1 of Art. 19 RF IC). It is enough for spouses to fix their desire on a joint one, if both have no complaints and wish to receive a long-awaited divorce. An important indicator here is the presence or absence of children. The registry office staff will recommend going to court if the family has common children up to 18 years old. Except when there are children from a previous relationship who have not reached the age of majority.

To get a divorce in the registry office, the presence of both spouses is not necessary. Submission of documents is allowed only in the following cases:

  • when one of the spouses went missing;
  • incompetent;
  • has a prison sentence of three years;
  • declared dead;
  • and that one of the spouses has an evidence base that confirms fictitious or intentional HIV infection by one of the spouses. If there is a certificate proving this fact, the registry office will accept documents from only one spouse.

The above facts allow divorce, or rather the immediate termination of marriage. The applicant will not have to wait the due date (month) to receive "family freedom" ( Art. 21-23 RF IC).

When it comes to court, the following reasons will help, requiring:

  1. There are children under 18 in the family.
  2. The refusal of one of the spouses to divorce for the purpose of possible reconciliation.
  3. Evasion of the divorce process in the registry office.

Refusal to administratively resolve the issue of divorce of one of the spouses or implies that one of the spouses will apply to the court, providing

The statement of claim must contain complete information about the spouses:

  • date of marriage registration;
  • reason for breaking off relations;
  • grounds for refusing a divorce;
  • the presence of children;
  • conditions for deciding the future residence of children.

There are many factors that can affect how long it takes to get a divorce through the courts. In a standard situation, when both spouses agree and have resolved all issues about, and the future residence of the child with one of the parents, the court makes a decision exactly one month after the start. In other cases, for example, if one of the spouses is able to prove that there is a chance for reconciliation in the family, the judge gives time from one to three months. The same period of time is given if one of the spouses strongly decided to evade lawsuits, but the issue is resolved unilaterally.

Documents on the court decision (extract) are transferred to the registry office for further registration.

What is the procedure for dissolution of marriage through the registry office?

The procedure for dissolution of marriage through the registry office is determined by the Family Code, according to which the receipt of the necessary acts occurs after 30 calendar days from the date of submission of the application by mutual agreement. The consent of the applicants is confirmed by a jointly written statement in which the applicants fix the information that during the marital relationship the spouses did not have children.

The procedure is quite simple:

  1. The cost to be paid is 650 rubles from each spouse. If one of the spouses is convicted for more than 3 years, recognized as incompetent or missing, then the cost of the state duty will be 350 rubles. If the divorce will take place in court, then the amount will be charged from the plaintiff in the amount of 600 rubles, plus the fee for obtaining a certificate in the registry office of 650 rubles . The prices are current for 2017. The receipt will need to include:
    • full name of the payer;
    • SNILS and TIN of the payer;
    • payer's passport data;
    • name of the recipient;
    • recipient's bank details;
    • payment Description;
    • amount and date of payment.
  2. A statement is written indicating all the supporting facts, without the need to indicate the reason for the divorce.
  3. The passport details of both spouses are indicated.
  4. Signatures are affixed.

In the event that the basis for divorce is the incapacity, loss or death of one of the spouses, documents with legally justified confirmation are required. The process of obtaining documents may take longer, but if there is an appropriate evidence base, the marriage is recognized as dissolved within the period established by law.

Controversial issues in a divorce that require a court decision

Dissolution of a marriage in court allows you to resolve disputes between divorcees: property, in the presence of minor children - about the residence and maintenance of the child (alimony), the maintenance of an incapacitated spouse. All claims are considered exclusively when filing a claim. The process will be faster if you specify all the claims in it at once and consider them at one meeting.

For more information about the issues that the court decides in a divorce,

What documents are needed for a divorce?

The list of documents required by the registry office or the court may be different, depending on the place of application. Among them are mandatory and secondary. Mandatory is:

  • the existence of an application;
  • the passport;
  • wedding certificates;
  • receipt of payment of state duty;
  • child's birth certificate.

A special procedure for considering certain cases regulates the availability of additional documents:

  • marriage contract;
  • spouse's death certificate;
  • missing person's certificate from the police;
  • certificate from a medical institution about HIV infection.

Conclusion

  1. concept divorce includes carrying out a special procedure, which is carried out by responsible employees of the registry office or the court.
  2. The dissolution of a marriage is legal th procedure for which a specific procedure has been developed.
  3. Grounds and procedure for divorce established by family law.
  4. Under certain circumstances, termination is not possible.
  5. Documents for divorce are submitted personally to the registry office or the court. The application can also be submitted electronically.
  6. For the procedure, you must pay a state fee.

The most popular question and answer to it in the order of divorce

Question: The wife is threatening to sue for divorce. Can she get a divorce, without any reason, especially since we have been living with her for more than twenty years? The children are already adults, and she ignores the issue of jointly acquired property. Evgeniy

Answer: Eugene, Article 18 of the Family Code allows individuals to initiate divorce proceedings of their own free will. The law establishes that one of the grounds is the irreparable disintegration of the family in the eyes of the spouse, which is a subjective assessment of the individual. Since the joint children are adults, it is required to establish whether the wife has property claims against you. If there are none, or an agreement has been reached on the division of property, the wife can apply to the registry office together with you.

As far as it is clear from the question, the consent of the husband is missing, so the registry office may refuse. Thus, the case will be decided in court. Either in the world, if there are no property requirements, or, in general. court according to the rules Articles 21, 22, 23 RF IC, not only considers the case, but also initiates reconciliation. Given such a long marriage, the judge, in addition to the legal 3 months for the procedure, will appoint 3 months for the reconciliation of the parties, which you can use to resolve the conflict that has arisen.