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In what bodies can the marriage be dissolved. How to get a divorce quickly? Divorce by mutual consent


Divorce through the registry office has many advantages: ease of preparing an application and a minimum package of documents for a divorce, low cost and no additional costs, short processing times for the application and quick divorce.

In addition, the divorce procedure in the registry office does not imply finding out the circumstances of a failed family life and the reasons for the breakdown of relations, does not require the presentation of evidence and listening to the testimony of the parties and witnesses, collecting numerous certificates and filing petitions. How does a divorce happen in a registry office? Simple, fast and effective.

Conditions for divorce in the registry office

However, not every marriage can be dissolved in a simplified and expedited manner. The right to divorce through the registry office has only spouses who have come to a mutual agreement on divorce, who do not have common minor children.

Thus, in order to peacefully, simply and through the registry office, a combination of two prerequisites is necessary:

1) Consent of the spouses.

The first prerequisite for a divorce through the registry office is the mutual consent of the spouses. If the husband or wife does not consent to the divorce, the divorce procedure will not take place. After all, a divorce, like getting married, can only be voluntary. The absence of the need to resolve disputes, sort things out, make mutual claims and expose the intimate aspects of your life to outsiders - an important condition for registering a divorce in the registry office.

The consent of the spouses is expressed in a joint application that they submit to the registry office.

Why is the consent of the spouses necessary?

For many spouses, this norm of family law causes bewilderment and indignation. Why is it possible to divorce through the registry office only by mutual consent? Why does the second spouse have to go to court because of the disagreement of one of the spouses? After all, the court, like the registry office, does not refuse anyone and dissolves marriages at the request of the spouse, even if the second spouse does not agree. What then is the meaning of this condition?

The meaning of this condition lies somewhere in the remnants of Soviet legislation and the justice system, in particular, in family matters. Once upon a time the great mission of the court was to help keep families together. It is not known how the court coped with its mission, since there is no statistics on the number of families saved from divorce due to the trial.

Today, as before, the same mission is assigned to the court. Therefore, the judges formally appoint the spouses a period for reconciliation, and with a clear conscience divorce the spouses who failed to reconcile.

The question remains open - really the state will not find another way to keep families, except for the divorce proceedings? And isn't it worth saving the spouses from the long and troublesome divorce proceedings if it is no longer possible to keep the family together?

2) Lack of common minor children.

If the spouses have common minor children, divorce can only be done in court.

If the spouses have their own, non-common children (for example, those born in another marriage and not adopted by the second spouse) or adult children (who have reached 18 years of age or have received full legal capacity), divorce proceedings in the registry office are also possible.

What children are considered common?

At first glance, this question seems simple and straightforward. A common child is a child who descended from both spouses by blood. If a child is descended by blood from only one spouse, it is not considered common. For example, if a wife has a minor child from a previous marriage, it is not considered common and the marriage can be dissolved through the registry office.

But it happens that one of the spouses adopts / adopts the spouse's child. In this case, the child becomes common (not by blood, but by documents), therefore, divorce is possible only through a court. Likewise, through the courts, a divorce will occur if both spouses have adopted / adopted a child.

Which children are considered minors?

Another simple question. Everyone knows that the age of majority comes at the time of reaching 18 years. But, it turns out, not only at this moment.

There is a concept of emancipation. This is the right of a child who has turned 16 years old to acquire full legal capacity - to acquire the rights and obligations of an 18-year-old citizen. Emancipation is possible under certain conditions: getting married and having a child, working under an employment contract or doing business.

So, if the parents have such a minor (under 18 years old), but an emancipated child, they can bypass the court and divorce through the registry office.

Divorce through the registry office and controversial issues

For a divorce through the registry office, the presence or absence of disputes about jointly acquired property, about the maintenance of a disabled spouse does not matter. To resolve controversial issues, spouses need to go to court.

Special cases of divorce in the registry office

In addition to the considered variant of the development of events, which presupposes the mutual consent of the husband and wife to divorce in the absence of children, the law also provides for other options. So, divorce through the registry office without the consent of one of the spouses and regardless of the presence of children is possible in the following cases:

  1. Disability of one of the spouses established by the court... His inability to give an adequate assessment of the prevailing circumstances and consciously make decisions is the basis for a unilateral initiative for divorce by the second spouse;
  2. Recognition of a spouse as deceased or missing... The inability to obtain consent from the spouse to divorce due to the lack of data on his place of residence is also the basis for unilateral divorce;
  3. Criminal liability in the form of imprisonment for a term of at least 3 years. The fact of the actual term of the conviction of the spouse is the basis for divorce without his consent.

How to get a divorce through the registry office?

So, your family circumstances meet the conditions required by the law for a divorce through the registry office. Mutual consent - there is, common minor children - no. In order to implement our plans and receive official confirmation of the actual breakdown of the family, it is necessary to go through the standard divorce procedure through the registry office, which consists of several stages:

  • drawing up (according to the form No. 8, 9, 10);
  • payment of the state duty according to the details of the registry office;
  • submission;
  • a visit to the registry office to register the divorce - 30 days after the application is submitted;
  • receipt by each of the spouses of a divorce certificate.

Let's consider each of these stages in more detail.

Divorce statement and other documents

The spouses who have reached a mutual agreement on the termination of family relations must draw up and file a divorce petition together... The law provides for the possibility of drawing up and submitting separate applications by each of the spouses, as well as submitting an application by only one spouse, subject to the presence of a notarized signature of the second spouse.

An application for divorce is drawn up in the form prescribed by law (No. 8, 9 or 10), indicating all the necessary data. The application for divorce is accompanied by the documents established by law, one of which is a receipt for payment of the state duty.

Which registry office can you apply for divorce

Spouses can apply for divorce:

  • at the registry office (at the place of marriage registration, at the place of registration of both spouses or one of them);
  • through the portal of Public Services;
  • to the multifunctional center of public services (MFC - they work under the brand "My Documents").

Terms of divorce through the registry office

Compared to the length of the trial, burdened by clarifying the circumstances and reasons, submitting applications and petitions, resolving disputes, considering appeals, the divorce procedure through the registry office is carried out in record time.

So how long does the divorce procedure take through the registry office? Exactly 30 days. This period can neither be shortened nor extended. The beginning of its calculation is the next day after the filing of a joint or unilateral application for divorce, the end is the day of registration of the act of divorce.

This one month period is given to spouses to think about the possibility of reconciliation and preservation of the family. Indeed, in marital relations, situations often arise when, under the influence of negative emotions (resentment, irritation, anger), a spontaneous and not always justified decision to part is made. Within a month, the spouses can change their minds to divorce and withdraw their application. Unfortunately, this rarely happens in practice.

Note! The procedure for divorce through the registry office is regulated by Article 19 of the Family Code and Chapter IV of the Law "On Acts of Civil Status".

In these legislative acts you will find the rules for divorce through the registry office, including the requirements for the form and content of the application for divorce, the procedure for submitting it to the registry office, and, directly, the procedure for divorce.

Unlike the judicial authorities, the registry office does not ascertain the motives and reasons for divorce, and measures are not taken to reconcile the spouses.

The divorce procedure is quite formal and includes the following steps:

  • making an appropriate entry in the civil registration book;
  • issuance of a divorce certificate to each of the spouses;
  • a mark on divorce in the passports of the spouses.

Divorce registration

On the day of filing an application for divorce, the registry office staff sets the date of registration of the divorce. The place of registration of the divorce will be the registry office ...

  • at the place of marriage registration;
  • at the place of residence of both spouses or one of them.

If a divorce petition is filed unilaterally with an incapacitated or incapacitated spouse, the registry office must notify the incapacitated spouse or guardian of the incapacitated spouse within 1 month. If the incapacitated spouse does not have a guardian, the registry office must notify the guardianship and guardianship authority. In addition to the notification of the received application for divorce, the registry office asks for an answer indicating the surname that the spouse will wear after the divorce.

On the specified date of registration of a divorce, at least one of the spouses (or a representative of the spouse by power of attorney) must appear at the registry office to participate in the procedure for registering a divorce.

If both spouses cannot appear on the appointed day for valid reasons, the procedure may be postponed. The absence of both spouses makes divorce impossible and the submitted divorce application is rejected. After that, you can apply for a new divorce - even the next day.

Certificate

Divorce certificate is the main document certifying the fact of divorce between spouses. After registering a divorce, each of the spouses receives their own copy of the certificate.

Divorce certificates must contain the following information:

  • FULL NAME. spouses before and after divorce;
  • Passport data of former spouses;
  • The date of termination of the marriage;
  • Divorce record date, record number;
  • Place of registration of divorce;
  • Date of issue of the divorce certificate;
  • FULL NAME. persons who have received a divorce certificate.

How much does a divorce through the registry office cost?

If we talk about the financial side of the divorce proceedings through the registry office, then, most likely, the total cost of the spouses for the registration of the divorce will not exceed the amount of the state fee.

So how much will it cost the spouses to get divorced in the registry office?

The amount and features of payment of the state duty are provided for in the Tax Code of the Russian Federation (Chapter 25.3). From January 1, 2015, amendments came into force regarding the size of the state fee, according to which the following amounts are payable:

  1. When the spouses jointly submit an application for divorce to the registry office, each of them pays 650 rubles of the state fee;
  2. The same amount - 650 rubles of the state duty - is paid by each spouse for making changes to the vital register on the basis of a court decision to dissolve their marriage;
  3. In case of unilateral filing of an application for divorce (in cases of recognition of the spouse as incompetent, deceased or missing, conviction to serve a prison sentence), the initiator of the divorce pays a state fee in the amount of 350 rubles.

Payment of the state fee is carried out at the bank, strictly according to the details of the registry office. The original receipt for payment of the state fee must be attached to the application for divorce when submitting documents.

Results: how the divorce process takes place through the registry office

So, the right to divorce through the registry office is granted ...

  1. Married couples who have agreed to end their marriage if they have no minor children.
  2. Spouses unilaterally, regardless of the consent of the second spouse, if he is recognized by the court ...
  • incapacitated;
  • missing or dead;
  • convicted to serve a sentence of imprisonment for 3 years or more for committing a crime.

Since marriages are dissolved through the registry office only in indisputable cases (either with the consent of a married couple, or on the grounds provided for in Article 19 of the Civil Code of the Russian Federation), state interference in family relations is minimal, the divorce process is a formal procedure.

  • First step - application by a married couple or by one of the spouses, on whose initiative the dissolution of the marriage occurs. The application can be prepared in advance, or you can fill out the forms on the spot. All the necessary documents (passport, marriage certificate, in some cases - the decision or verdict of the court, on the basis of which the divorce occurs) must be with you.
  • The second stage - directly divorce proceedings which takes place 30 days after the application was submitted. At the appointed time, a married couple (or one spouse) must appear at the registry office. An employee of the registry office enters information about the dissolution of marriage in the civil registration books, makes notes on the dissolution of marriage in passports, issues a divorce certificate to the spouses. There is no need to prepare a "solemn speech" - you do not have to testify, give reasons, explain the reasons and motives for the divorce, invite witnesses. There is no need to provide additional documents (in addition to those listed above). These are the advantages of divorce in the registry office.

If, for a valid reason, the appearance of a married couple (or at least one spouse) on the appointed day is not possible, the procedure can be postponed. If the spouses do not appear without a good reason, the submitted application is canceled, the divorce procedure is not carried out (the paid state fee is not returned), which, however, does not prevent the application from being resubmitted.

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 a 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.

Insurmountable social tension in family relations, personal factors and other features in the union of two people can cause divorce - a process enshrined in regulatory enactments. However, there are legal reasons for divorce.

Grounds for divorce recorded in article 16 of the RF IC:

  1. Availability of documents confirming the death of a spouse.
  2. The presence of a statement confirming the desire to divorce.
  3. Disability 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 proceedings 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 IC RF).

Registry office or court?

Two authorities oversee 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 divorce issue is to contact the registry office ( clause 1 of Art. 19 IC RF). It is enough for spouses to fix their desire on a joint, if both have no complaints and want to get 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 children together. 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 at the registry office, the presence of both spouses is not necessary. Submission of documents is allowed solely in those cases:

  • when one of the spouses is missing;
  • incapacitated;
  • has a prison sentence of three years;
  • declared dead;
  • and also that one of the spouses has an evidence base that confirms fictitious or deliberate 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 for divorce, or rather the instant termination of marriage. The applicant will not have to wait for the allotted time (month) to obtain "family freedom" ( Art. 21-23 RF IC).

When it comes to court, the reasons listed below will help:

  1. The family has children under 18 years old.
  2. Refusal of one of the spouses for divorce for the purpose of possible reconciliation.
  3. Evasion of divorce proceedings 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 go to 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 divorce;
  • the presence of children;
  • conditions for solving the future residence of children.

There are many factors that can affect how long it takes to get a divorce through a court. In a standard situation, when both spouses agree and have resolved all questions 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 in the event that one of the spouses has strongly decided to evade legal proceedings, but the issue is resolved unilaterally.

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

What is the procedure for divorce through the registry office?

The procedure for divorce 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 consent. The consent of the applicants is confirmed by a jointly written statement in which the applicants record information that during the marriage the spouses did not have children.

The procedure is quite simple:

  1. Paid cost is 650 rubles from each of the spouses... If one of the spouses is convicted for a term of more than 3 years, declared incapacitated or missing, then the cost of the state duty will be 350 rubles. If the divorce takes place in court, then the amount is charged from the plaintiff in 600 rubles, plus the fee for obtaining a certificate at the registry office is 650 rubles . The cost is current for 2017. The receipt will need to indicate:
    • Full name of the payer;
    • SNILS and TIN of the payer;
    • payer's passport data;
    • the 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. 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 a legally justified confirmation are required. The process of obtaining documents may take a longer period, but if there is an appropriate evidentiary base, the marriage is recognized as dissolved within the period established by law.

Controversial issues in divorce requiring a court decision

Dissolution of a marriage in court allows you to resolve disputes between divorces: 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 statement of claim. The process will go faster if you indicate in it all the claims at once and consider them at one meeting.

More about the issues that the court decides in case of 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 there are obligatory and minor ones. Mandatory is:

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

A special procedure for considering some cases, regulates the presence additional documents:

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

Conclusion

  1. Concept divorce includes a special procedure, which is carried out by responsible employees of the registry office or the court.
  2. Divorce is legal th procedure for which a certain order has been developed.
  3. Grounds and procedure for dissolution of marriage are established by family law.
  4. Cancellation is not possible under certain circumstances.
  5. Divorce documents are submitted personally to the registry office or the court. Also, the application can be submitted in electronic format.
  6. To carry out the procedure, you must pay a state fee.

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

Question: The wife threatens to sue for divorce. Can she 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 joint property. Evgeniy

Answer: Eugene, Article 18 of the Family Code allows individuals to initiate the divorce procedure of their own free will. The law establishes that one of the grounds is the irreparable breakdown of the family in the eyes of the spouse, which is a subjective assessment of the individual. Since 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 husband's consent is absent, so the registry office may refuse. Thus, the case will be decided in court. Either in the world, if there are no requirements for property, or, in general. Court according to the rules Articles 21, 22, 23 of the 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 reconciliation of the parties, which you can use to resolve the conflict that has arisen.

How to file for divorce if one of the spouses is absent or does not agree with the divorce proceedings? The answer to this question can be found in the presented material.

Important! If you yourself are examining your divorce case, then you should remember that:

  • Each case is unique and individual.
  • Understanding the basics of the law is helpful, but does not guarantee a result.
  • The possibility of a positive outcome depends on many factors.

To get the most detailed advice on your issue, you just need to complete any of the options offered:

  • Seek advice through shape.
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Conditions for unilateral dissolution of marriage

The unconditional right to decide on the termination of family relations belongs to each of the spouses. The procedure and terms for the implementation of this right will depend on various circumstances, including the opinion of the second partner about the divorce, the presence of children in the family, and other legally significant factors.

Termination of marital relations unilaterally is characterized by the following features:

  • to initiate this divorce procedure, the opinion and consent of the second spouse does not have legal significance, although it may affect the term and procedure for action;
  • only one citizen draws up an application to the registry office or to the judicial authority;
  • unilateral options for terminating a marriage through a registry office are directly indicated in the law, expanding this list at the will of the parties is not allowed.

It should be understood that the second partner will be notified of the start of the divorce procedure, unless such notification is impossible for objective reasons (for example, the second spouse is declared dead).

Divorce procedure

The legislation allows the termination of a marriage unilaterally both through the registry office and in the judiciary. If the second spouse does not object to the decision to divorce, but for valid reasons cannot ensure his presence, he can file an application with the registry office and certify his signature at a notary office.

To file a claim with the court, the presence of a second partner is not required, documents are accepted only from one party. At the same time, at the stage of the trial, the defendant will be able to express his attitude to the claim by filing an objection, or ignore participation in the process.

Let us consider the features of the procedure for terminating marriage relations with a one-sided option for filing documents with the registry office and the court.

How to get a divorce through the registry office?

The legislation provides for the possibility of divorce through the registry office only in cases where both partners agree to this option of the divorce process, while they do not have common minor children. If these conditions are met, but one of the parties for some reason cannot be present at the appointed time, the process of divorce unilaterally will be carried out in the presence of the second spouse at his request.

The absent partner must provide a certified written statement from a notary public expressing their consent to the divorce. It is also allowed to issue a power of attorney for your representative to submit the required documents.

How to File a Divorce Lawsuit?

The termination of a marriage is considered unilaterally in a judicial authority if:

  • spouses have children under the age of 18;
  • one of the parties is against divorce;
  • one spouse applies for the termination of the marriage without informing the other.

How to get a divorce if one of the spouses actively objects to such a decision? Divorce proceedings begin after filing a divorce claim. It has no legal significance what reason for the divorce is indicated in the application - according to the law, a sufficient reason is the decision of one spouse to terminate the marriage relationship.

Note! You can file a divorce if there are no children, and the husband does not agree and is registered in another city, by filing a statement of claim at the place of residence of the defendant (if you have no good reason for filing a claim at your place of residence - living with you minor children and a serious illness ).

How to file for and get divorced unilaterally through the courts? After accepting all the necessary documents in the case, within a month, the court is obliged to complete the consideration of the case. The defendant will receive notifications from the judicial authorities about the time and date of the scheduled hearing.

Often there are situations when it is not possible to inform the defendant about the hearing due to the absence of the latter at the place of registration or address of residence. Then the judge can consider the statement of claim without his presence in the process. Upon completion of the consideration of the case, a copy of the decision is sent to the defendant within five days.

The defendant has the right to challenge this decision, if it provides the court with evidence that the reasons for failure to appear, in this case, the consideration of the divorce case may continue according to the general rules of court proceedings.

The vast majority of divorce claims pending before the courts are satisfied if at least one of the spouses insists on the divorce. If necessary, the judge can give the parties time for reconciliation, the duration of such a procedure is from one to three months. If this did not change the decision of the spouses, then the judicial procedure for divorce will be brought to its logical conclusion.

Divorce without the consent of one of the spouses - when it is not possible to carry out the divorce proceedings

The prohibition on unilateral divorce initiated by the spouse, in the absence of an agreement with the wife, applies in cases where:

  • a certificate from the antenatal clinic confirms the spouse's pregnancy;
  • have a newborn baby under one year old.

Such restrictions will be valid even if it is established that the husband is not the biological father of the child. If, under these circumstances, an application for divorce is received from the spouse, it is subject to consideration according to the general rules of family law.

How to get a divorce without your husband's consent?

If the spouse cannot be present, but agrees to dissolve the marriage, his representative is enough - the process will take place in the registry office according to general rules within a month. How to get a divorce and file for divorce not only without the presence of your husband, but also without his consent?

The registry office can be divorced unilaterally at the request of the wife in the following exceptional cases:

  • if the husband is declared legally incompetent in court;
  • the spouse is missing;
  • the husband was sentenced to more than 3 years for a crime.

In the presence of at least one of the above circumstances, the marriage relationship is terminated after the second party has submitted an application in writing to the registry office. In such situations, divorce is possible, even if you have common minor children. When submitting an application, you must attach a court decision confirming the specified exceptional circumstance.

Note! The registry office also registers the termination of a marriage due to the death of a spouse or the recognition by the court of one of the parties as deceased.

Can a wife divorce without her husband's consent unless there are exceptional circumstances? In this case, it will not work to annul the marriage in the registry office, you must contact the judicial authority.

The absence of the defendant at the hearings may delay the process, however, even in this case, the plaintiff will receive a judicial act in his hands after the court notifies the second spouse of the date and time of the hearing.

The defendant may not come to court, since he will not be notified of this process due to the fact that his place of residence is unknown. This may affect the timing of the consideration of the case, but the court has the right to issue a decision in absentia.

Is it possible to divorce without the consent of the wife?

Situations where divorce is allowed without the consent of the wife coincide with the above circumstances:

  • the spouse is officially missing;
  • the wife was declared legally incompetent;
  • the spouse was convicted of a crime for a term of at least 3 years.

If the above conditions are absent, if the wife refuses, the termination of the marriage relationship is made through the judicial authorities forcibly. Additional nuances may arise in situations where there are minor children in the family, there are disagreements over the division of property, a dispute over a child, etc.

Divorce documents in court

The main package of documents that must be collected for divorce in court unilaterally is determined in accordance with the rules of Art. 132 of the Code of Civil Procedure of the Russian Federation and includes:

  • statement of claim (original document and a copy to be sent to the defendant);
  • receipt of payment of state duty;
  • power of attorney or other document confirming the powers of the plaintiff's representative (in the case when the application is submitted by a representative, for example, a lawyer);
  • an extract from the house register, which confirms the place of registration of the defendant (this is necessary to determine the jurisdiction of the dispute);
  • marriage certificate (original);
  • a copy of the child's birth certificate.

If the divorce proceedings resolve issues of alimony payment, the plaintiff must submit a certificate of the spouse's income in the form of 2-NDFL, including the amount of wages. In the event of a division of property, appropriate documents on the ownership of the subject of the dispute may be required (certificate of title, extract of the USRN, sales and purchase agreements, etc.). If the question of who the minor children will live with in the future is being decided, it is necessary to provide an act on the examination of the living conditions of the spouse or a description from the place of work.

Divorce petition unilaterally

The unilateral divorce application form in the registry office will be provided upon contacting this authority. The sample will allow you to establish in advance the amount of necessary information to be filled out.

The statement of claim, which will be sent to the court, must contain the following points:

  • the name of the judicial authority;
  • personal data of the parties and their contact information;
  • information about the concluded marriage, whether citizens have children;
  • grounds for going to court;
  • claims, including the establishment of alimony obligations, the determination of the child's place of residence or the division of common property.

Where should the documents be submitted

In case of termination of marriage without notifying the spouse, the application is submitted to the registry office at the place of residence of the applicant. The second spouse will be notified of the claim, but his objection will not have legal effect.

Documents for the judicial procedure are sent to the court at the location of the defendant, except for cases when the plaintiff has a minor child in foster care or a medical certificate confirms the serious nature of the disease.

How much does it cost to dissolve a marriage

In case of divorce unilaterally, the applicant will have to pay the state fee:

  • when contacting a registry office - 650 rubles;
  • when applying to the judicial authority - 600 rubles.

The payment document confirming the payment of the state duty must be attached as an original to the application.

When preparing documents for divorce unilaterally, it is extremely important to comply with all legal requirements. We recommend that you seek help from our qualified lawyers who will advise on any issues of interest. To do this, call the numbers indicated on our website or leave a request in the feedback form.

ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

Questions to lawyers

How to divorce unilaterally and what documents are needed for this?

Is it possible to apply for divorce unilaterally? What documents are needed for this? There are minor children.

Lawyers' answers

Gudkova Galina

You can apply to the magistrate's court at your place of residence. It is necessary to write a statement of claim, pay a state fee of 600 rubles. It is necessary to authenticate the marriage certificate.


Denis Kuznetsov

You need to write a claim, pay a state fee, make copies of certificates of the conclusion of a fight and the birth of children and file a lawsuit. In the world, if there is no dispute about children, or in the district, if there is a dispute or divide property worth more than 50,000 rubles.

RF IC Article 22.

Dissolution of marriage in court in the absence of the consent of one of the spouses to divorce


Bykov Dmitry

In addition to what my colleague said, I would suggest taking into account the norms of the Family Code of the Russian Federation.

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 a judicial proceeding also in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage in the civil registry office, including refusing to submit an application. (as amended by Federal Law of 30.12.2015 N 457-FZ)

Article 22. Dissolution of marriage in court in the absence of 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.

Mikhailov Valery Vladimirovich

Mikhailov Valery Vladimirovich

Graduated from the Faculty of Law of St. Petersburg State University in 1998 with a degree in Jurisprudence. Professional legal experience for 20 years, including in leadership positions. He specializes in issues in the field of housing, civil, contractual, corporate law.

The marriage is dissolved in court if you have:

  • have minor children;
  • there is no mutual consent to divorce (regardless of the presence of joint minor children).

If you have no minor children and there is a mutual consent to divorce, or if your spouse has been sentenced for more than three years, declared missing or incapacitated, you need to contact the registry office directly.

2. How to file for divorce in court?

To dissolve a marriage through a court, you will need documents:

On divorce and division of property:

"> statement of claim;
  • marriage registration certificate (in case of loss of the original, it is required to obtain it from the registry office that carried out the state registration of marriage);
  • the defendant (if the claim is filed at the place of residence of the defendant) or an extract from the house book of the plaintiff (if the claim is filed at the place of residence of the plaintiff);
  • birth certificates of minor children (notarized copies), if you have children;
  • Everything about the state duty for services provided by the courts:

    If everything is in order with the documents filed with the court, you will be assigned a date for the consideration of your case within two weeks.

    3. What's going on in the courtroom?

    If at the court session both spouses (personally or through representatives) come to a mutual agreement on the dissolution of the marriage, the court will issue a divorce order after the first session. If one of the spouses refuses to divorce, the court will give a period of one to three months for reconciliation.

    If the opinion does not change by the second hearing, the court will decide on the divorce and issue an appropriate resolution.

    If the spouse (or his representative) who does not want to dissolve the marriage does not come to court three times, the marriage will be dissolved without his participation after the third session.

    4. Do I need to go to the registry office later?

    Yes need. After you receive a court decision and it comes into force, you will no longer be considered a husband and wife, but you will need to register the fact of divorce and obtain a divorce certificate. This is done in the registry office. You will need:

    • identity document;
    • a copy of the court decision on divorce (it must come into legal force);
    • If you divorce by mutual agreement, each spouse must pay a state fee. In the event of divorce with a spouse convicted of more than three years, recognized as a missing or incapacitated spouse, the state fee is paid only by the one who files for divorce.

      According to the law No. 210-FZ "On the organization of the provision of state and municipal services" dated July 27, 2010, you are required to pay the state fee, but you have the right not to present a receipt.

      "> receipt       on the payment of the state fee;
    • power of attorney for a representative (if you are unable to submit documents in person. The power of attorney must be notarized).

    You can apply for divorce at the Moscow registry office at your place of residence or at the place of marriage registration. Divorce certificate will be issued on the day of application.

    If the termination has already been registered by one of the spouses, it is advisable (but not necessary!) For the other spouse to contact the same registry office.

    5. How to divorce a foreigner?

    You can dissolve a marriage with a citizen of another country or a stateless person permanently residing in the territory of another state both in Russia and abroad. But if your husband (your wife), despite foreign citizenship, permanently resides in Russia, you need to get a divorce on the territory of the Russian Federation.

    In Russia, the procedure for a divorce from a foreigner is no different from a divorce from a citizen of the Russian Federation. Except that all documents in a foreign language must be legalized (unless otherwise provided by international treaties of the Russian Federation) and translated into Russian. The correctness of the translation must be certified by a Russian notary.

    If you decide to divorce on the territory of a foreign state, do not forget that the marriage will be dissolved according to the laws of that state. If they do not contradict the laws of the Russian Federation, the divorce will be considered valid in Russia as well. However, the document will need to be apostilled.

  • the spouses are the adoptive parent and the adopted child;
  • one of the spouses was declared legally incompetent by the court upon marriage;
  • one of the spouses hid from the other the presence of a sexually transmitted disease or HIV infection.

    • These circumstances need to be proven in court.