What kind of court divorces spouses. Obtaining a judgment. Together with the application, you must submit

20.06.2019

According to the current legislation of 2018, divorce through the magistrates' court is carried out if the spouses have minor children and there are no property or other disputes.

Divorce through the magistrates' court is the most simplified procedure for spouses with children. A statement of claim for divorce is submitted to the court at the place of residence. The document indicates the reasons for going to court.

The following factors, specified in article 16 of the Family Code of the Russian Federation, can serve as grounds for divorce:

mutual consent of both spouses to terminate family relations;
the desire of one of the spouses to dissolve the official marriage;
a statement from the person who is the guardian of one of the spouses in the status of incapacity;
recognition by the judicial authorities of one of the missing spouses as deceased (in his absence for more than 5 years);
actual death of a wife or husband.

What is the procedure for divorce through court with children?

Divorce through the magistrates' court with children is carried out in stages. The sequence of actions in this process is as follows:

(statement of claim indicating the grounds for divorce and evidence, annexes to the statement, the list of which depends on the specific circumstances);
acceptance by the court of the claim for consideration, appointment of the date of the hearing of the case (no earlier than 30 calendar days after the filing of the claim);
holding a court session, at which the possibility of preserving the marriage is ascertained, the grounds for its dissolution are considered);
when all the issues of the parties are completely settled and there are no disputed claims between them, a court decision on divorce is issued;
in the absence of the consent of one of the parties to divorce, determination of an additional period for possible reconciliation of the spouses;
postponement of the meeting, if the defendant did not appear in court for the hearing of the case (two times postponement of the deadline is possible);
issuance of certificates of divorce.

After receiving the divorce document, the spouses have the right, if they wish, to file a claim for the division of property and the place of residence of the children, if there is no prior voluntary agreement on these issues. If the divorcing parties have agreed among themselves, an agreement is drawn up, which the court approves during the main hearing. Several points can be reflected in a court decision at once: the fact of divorce, payment of alimony for a minor child or an incapacitated former spouse, the place of residence of children after a divorce, the procedure for communicating with the child of a parent living separately, the division of common property and other issues.

The decision of the court is announced in the courtroom, where all the participants in the process are present. Within five days, the performers are obliged to prepare written forms of the decision for handing over to the interested parties.

Submission and execution of an application

Actions of the parties after the trial

After the divorce judgment has been read out, printed and handed over to the plaintiff and the defendant, the legal deadline for appeal comes into force. This period lasts for 30 days, during which the dissatisfied party can file an appeal with a higher court. In the event of such a complaint, the decision of the court comes into force after the issuance of a ruling on appeal. If no complaints have been received, after 30 days the decision on divorce becomes legally valid, and the spouses can apply to the registry office regarding registration of the fact of divorce. The state duty for obtaining a court decision is not paid.

To obtain a divorce certificate from the registry office, you must pay the state fee and submit a package of documents. It includes a marriage certificate, a payment receipt, a statement from one of the spouses or a general one, a copy of a court decision. After 30 days, the official divorce documents will be ready, and each party will be able to receive their own copy.

How long does it take to divorce children?

The duration of the process depends on what requirements are set out in the text of the statement of claim, whether there is consent of both parties to dissolve the marriage. The legislation of 2018 defines clear periods for the conduct of court sessions, but the exact timing may vary depending on various factors related to questions about the place of residence of children after a divorce and property disputes. One month - the period between the filing of the application until the first hearing, 3 months - postponement of the hearing due to the defendant's failure to appear or disagreement with the divorce, 6 months - extension of the term due to disagreements on property or other disputes.

To speed up the completion of the case, it is advisable to entrust the support of the procedure to an experienced lawyer. An appeal to a magistrate's court assumes that there are no obstacles to making a decision after the first hearing.

It is considered not an easy task. After all, it is necessary to collect all the documents, correctly draw up a statement of claim, while remaining psychologically calm when meeting with your ex-spouse or wife. What grounds are needed for divorce? Now we will deal with you.

Divorce through the courts takes place in accordance with article 21 of the Family Code, on the basis of the following:

There are children under the age of 18, the exception is when someone from a married couple is considered missing, unable to do work, or has been in prison for more than three years.
The other side does not want to get divorced.
The spouse does not want to get divorced at the registry office, because he does not want to file an application for divorce, or announces that he will not come to the court hearing.
If we consider article 17 of the Family Code, then the husband has no right to dissolve the marriage without the confirmation of the wife when she is pregnant and until the baby is one year old. \

What issues are resolved by the court

The main issues that the court decides in the course of divorce are:

Who will have a child after a divorce.
What amount of alimony will the husband pay.
What funds are relied on for an incapable second spouse.
How will the division of jointly acquired property happen.

Based on article 24 of the Family Code, the spouses must provide the court with an agreement on this matter. The court checks the interests of the children, the second spouse about a possible violation of their interests. If this concerns children, then the court independently decides the fate of each child, regardless of the opinion of the divorcing spouses. If a divorce violates the interests of a spouse who is not capable of work, at his request the court rejects the first spouse's application.

Therefore, consent is determined by the spouses or by the court, which will decide the issue with whom the minor child will live and from which parent will the child support be received.

When transferring children to one of the spouses, the court first of all takes into account the opinion of the child, if there is no agreement on this issue between the parents. In this, the main question for the court will be how he has relations with each of the spouses, his age at the moment, whether this parent will be able to create the necessary conditions for his upbringing and healthy development.

The division of property will be carried out in the event that one of the spouses has filed a statement of claim. If the property includes third parties, then the court has the right to open a new case in accordance with paragraph 3 of Article 24 of the Family Code.

How long can a divorce last

The least amount of time for the divorce proceedings is needed for the spouses, who together made a decision on divorce and resolved among themselves the issue of the division of property and with whom the child will live.

In this case, the court does not offer them time for reconciliation, they do not need additional agreements and requirements. Therefore, the only disadvantage in this case is considered to be two terms established by law for the divorce proceedings:

Month. The period of court proceedings is considered from the time of filing an application for divorce until the very session of the court. The court's decision is considered illegal and can be appealed.
Month. The term for challenging a court decision from adoption to entry into force. If during this time the husband and wife did not appeal to the court with an appeal, then their marriage is considered dissolved.

What will be the term of the divorce proceedings in case of disagreement between the spouses

If one of the spouses is against the dissolution of the marriage, then the term of the divorce proceedings can take up to three months. In this case, the dissenting side offers the other side to resolve the conflict situation peacefully, then the court can extend the period of reconciliation, which is one month, up to the maximum - three months. If the spouses confirm that the period for reconciliation must be reduced, then the court will meet them halfway. After a lapse of time, if reconciliation between husband and wife did not occur, the court proceeds to the divorce proceedings. In general, the amount of time for such a divorce proceedings is about five months.

Divorce term if the defendant avoids court

If the husband or wife did not come to the hearing, then the court is postponed to the next hearing. If one of them requires a delay, then the court will meet halfway, but no more than three months. Therefore, in case of evasion from the court, as well as failure to appear at the trial, they can delay the court decision for some time.

The term of the divorce proceedings in the presence of disagreements

If there is disagreement between the spouses on who the child will live with and how to divide the jointly acquired property, this is the reason for the postponement of the divorce. Since decisions on each issue are made in different courts, the term for divorce proceedings can be delayed from three months to one year.

Instruction for divorce through court with children and without children

The first step in a divorce is to collect all the necessary documents.

The main documents for filing with the court are:

A statement of claim from one of the spouses. Where it indicates the absence of joint children and consent to divorce.
A copy of the statement of claim.
Passport details of each spouse. This includes pages 3 and 5.
Copies of husband and wife passports 3 and 5 pages.
Marriage registration document.
Claims against the defendant. These include the collection of funds for the child, the division of property where the child will live, under 18 years of age.

The following points must be clarified in the statement of claim:

the presence of a conflict between the parties;
lack of marital relations;
further life together is impossible;
avoidance of the second party from divorce.

You need to submit an application with the documents specified above to the court, where is the defendant's spouse registered.

Documents for filing with a district or magistrate court in order to collect alimony or a sum of money from the second spouse with divorce proceedings:

Statement of claim.
A copy of the statement of claim.
A document confirming the payment of the state duty.
Marriage registration document.
Marriage contract. If there is one.
Written confirmation of the second spouse's consent to the divorce.
Extract from the defendant's home book. At the request of the court, in exceptional cases, an extract from the applicant for divorce is required.
If the plaintiff makes any claims, evidence will be required in the form of documents of his words.
When filing a claim for alimony, the defendant will need a certificate of income for the three previous months before filing the claim.
A prescribed amount from the plaintiff is required to recover from the defendant.
Birth certificate of children under 18 years of age, or a notarized copy.

The judge himself determines what documents are needed in each individual case, since they are not spelled out in the Legislation.

After all the necessary documents have been collected, the paperwork will begin and the date of the court session will be indicated.

The next stage of divorce will be an invitation two weeks from the date of filing of the statement of claim by each party. In the course of communication with the defendant, he may agree with the claim, or appeal against it, but everything will be decided directly at the court session.

The next stage is the actual trial itself. If the plaintiff cannot clearly formulate the claim against the spouse, and he, in turn, refuses the divorce proceedings, the judge gives 3 months to settle the relationship. If after three months the conflict is not settled, the judge is forced to divorce the married couple.

Final stage - court decision recognizing divorce between spouses... The entry into force is carried out thirty days after its adoption at the court session. The ex-husband and wife are obliged to take this decision to the registry office by presenting a passport, where on its basis both will be issued a divorce certificate and a mark will be made on the corresponding page of the identity document.

If the defendant does not appear in court

If the defendant has some reason to miss the hearing, then he has the right to send a representative in his place with a notarized power of attorney.
In the absence of a defendant for valid reasons with an appropriate document confirming the fact, the court will be postponed for another period.
If the spouse deliberately skips the court, the hearing will take place without his direct participation and the decision on divorce will be made without his presence at the third court session. But the term for divorce will increase by one month.

Possible difficulties

In case of divorce through court for a couple who have no children, the main difficulty is the division of joint property. Usually, real estate cases drag on for years, a particular difficulty is the section of an unfinished house or cottage. To evaluate it, additional considerable costs will be required.

Another difficulty is considered to be separation in a business divorce, since in this case there are third parties.

If the couple has a loan or mortgage, then this can slow down the process if one of the spouses can file a claim for refusal to pay it.

Question answer

Question: Is it possible to apply for a divorce at the registry office if my husband and I have a child of 7 years old. He doesn't answer the phone, we don't live together for a year.

Answer: No. You can apply for divorce to the court at the place of registration, because you have common children.

Question: How long will a court divorce take if we decide to divorce together?

Answer: In your case, the divorce will last no more than a month. To begin with, the judge will suggest a time for reconciliation of about a month, but if you refuse, then in a month the divorce will be filed.

Question: What if the husband is not going to come to the court hearing? We have two kids.

Answer: If the husband avoids the court hearing, he is postponed to the next hearing. But this will happen no more than 3 times. After that, the judge will decide to dissolve the marriage in the absence of the spouse.

Explains the judge

Justice of the Peace Sergei Kolmykov tells about the divorce procedure through the court.

One in five married couples are currently getting divorced in our country. This can be caused by various reasons, including the incompatibility of characters, and the lack of mutual understanding, and many other various reasons leading in the end to divorce. In such a situation, the spouses have a question: how to file a divorce through the registry office as painlessly and quickly as possible? The most suitable option for these requirements would be the option of contacting the Civil Registry Office (ZAGS). But it should be understood that a divorce through this state institution is not always possible.

Divorce concept

Many people understand what marriage is. This is a union of the stronger sex and the weaker, registered by the authorized state bodies, based on mutual understanding and love. Divorce, respectively, is the dissolution of this union or marriage.

Such measures are due to the fact that at present more than eighteen percent of married couples separate without having lived together for three years. Many have several stamps in their passports about marriage and its dissolution, many know how to file a divorce through the registry office. And although the end of the union of a man and a woman is not particularly difficult now, the requirement for both spouses to file for divorce in some cases can save the relationship, giving spouses more time to think.

The term of the divorce proceedings in the registry office

Of course, all those who dissolve a marriage are interested in the question of how long they will be divorced. The legislation establishes that from the moment of filing an application for divorce and until the moment when the registry office employees must provide a certificate of divorce, no more than thirty days should pass. It could have been possible to shorten this period, but the legislator decided to make it longer in order to give at least some time to a man and a woman to think over their actions. It's no secret that a fairly large number of married couples turn to the registry office in emotional excitement, for example, after a quarrel. A period of 30 days allows spouses to cool down and not make rash decisions.

The term of the divorce proceedings is established by laws, it cannot be changed by anyone. If the spouse wants to increase this period, you will need to go to court. There, the case can be considered up to several months. For the desire of one spouse is enough. If the other does not agree to this procedure, then the court will still be forced to dissolve the marriage. Although there are also some exceptions and nuances in the divorce proceedings.

The practice of divorce proceedings in different regions of Russia

If the spouses decide not to divorce during the indicated period, then it is enough for them to no longer come to the registry office for certificates of divorce.

The union will be preserved, but the state duty paid by the spouses will not be returned to them. If the couple does not change the decision of their couple during this time, then only one spouse can appear to obtain a certificate of divorce.

But it is desirable to pay special attention to the fact that this practice does not exist in all constituent entities of the Russian Federation. In some, in order for the marriage to be saved, after the transfer of the application, the spouses need to contact the registry office again, to withdraw their application. If the spouses do not do this, then after 30 days the marriage is dissolved automatically.

Dissolution of marriage in the registry office on the grounds provided for by law

Divorce in the registry office on any of the previously listed grounds requires the provision of additional documents and the performance of certain actions.

When the family union is terminated with the incapacitated, the second spouse needs to obtain a conclusion from a psychotherapist. Instead of the legally incompetent, an application for divorce can be filed by his guardian, who is a legal representative, a certificate from the medical institution where the sick spouse is located can be submitted to the registry office.

When divorcing a marriage with a person sentenced to imprisonment, it should be borne in mind that such a divorce is possible if the term of imprisonment is more than 3 years. This must be evidenced by the verdict of the court.

Termination of marriage due to death will require the submission of a death certificate of the spouse, and divorce from a missing spouse will require a certificate from the internal affairs bodies or a corresponding court decision.

Marital relations, including divorce, in Russia are regulated by the Family Code, as well as other legislative acts.

Sometimes in the family there is such a misfortune as divorce. People decide from now on to go through life each his own way and plan to end family relationships. And here the question arises: where do you need to file for divorce? In our article, we will consider how to go through such an emotionally complex procedure, what documents are needed for this, and where a divorce is filed in the presence of a child.

It doesn't matter where you live. In order to answer the question of where to file for divorce in Moscow or any other city, you must first of all establish the reasons why you decided to dissolve the marriage, and the conditions accompanying this. The marriage will be dissolved on the terms established by family law. Relations associated with the divorce process are clearly regulated by the Family Code of the Russian Federation, in accordance with the terms of which it is allowed to file a divorce at the will of one of the spouses, as well as by mutual consent. The guardian of a spouse who has been declared incapable also has the right to demand the dissolution of the marriage. With regard to divorce, there are also a number of restrictions under which the husband has no right to insist on it:

1. During pregnancy, the spouse.
2. Within 1 year from the date of birth of the child.

Where do you need to file for divorce? The current legislation establishes only two possible places:

1. Divorce is possible in the registry office.
2. Divorce can be filed in court.

There are a number of restrictions on this and that account, which we will discuss in more detail below.

Divorce proceedings in the registry office

Where to file for divorce depends on the situation. Divorce in the registry office is possible, this process is much easier and faster than in court.

It is possible to formalize the termination of family relations in the registry office in several cases:

1. If the desire to dissolve the marriage of the parties is mutual and there are no claims of any kind to each other.
2. If the parties do not have children under the age of 18.

There are situations when you can get a divorce in the registry office if you have common small children. This is possible in the following cases:

1. One of their spouses was declared legally incompetent.
2. One of the parties to the marriage relationship has been declared missing.
3. One of the couple is convicted and the punishment is imprisonment for more than three years.

According to the provisions of the current legislation, a marriage subject to dissolution with the registry office is terminated within a month from the date of receipt of such a request.

Divorce in the registry office. List of documents

In order to get a divorce at the registry office, you need to submit the following documents:

1. Passports of both spouses. Originals will be submitted.
2. Application for termination of marriage. Served in the form provided by the registry office.
3. Pay the state fee. It should be noted that in 2016 it increased significantly compared to 2014 and now amounts to 650 rubles. It should be noted that in case of a mutual declaration of divorce, both spouses are obliged to pay it.
4. When registering a divorce through the registry office at the request of one of the spouses, the cost of the state duty is set at 350 rubles.

It should be noted that in this case, not only the divorce process itself is paid for, but also the issuance of a new certificate. That is, you do not need to pay any more duties in this case. Until 2015, the filing of an application was paid separately, and then the issuance of a divorce certificate.

Each registry office has separate details for payment, so you need to apply for a receipt in advance.

Where to file for divorce if you have a child

The procedure for divorce if a couple has a child or even several children is somewhat different. This rule applies if they are under 18 years of age. It will be possible to end family relations only in court.
You can dissolve a marriage through a court in the following cases:

1. If you have a child. Dissolution of marriage is carried out upon establishment of the facts, as well as according to the words of the applicants that living together is impossible, the common household is not maintained. At the same time, the court has the right to set a period for reconciliation of the spouses equal to three months and postpone the hearing.

2. If one of the spouses does not consent to the divorce. In this case, the court must establish the facts that the further life of the spouses is impossible, the joint household is not conducted.
3. One of the spouses avoids the divorce proceedings, which could be formalized in the registry office.

In all cases, the marriage is dissolved after it has been established that reconciliation is impossible.

List of documents for divorce in court

In order to dissolve a marriage in court, you must prepare the following papers:
1. The applicant's passport. Original and copy submitted.
2. Original marriage certificate. It is withdrawn by the court in the event of a divorce.
3. If you have small children - copies of their birth certificates.
4. State duty. Today its size is 650 rubles. You can pay for it at any branch of the bank. Moreover, if the check is issued in black ink, it must be certified with the blue seal of the bank that made the payment, and if the check is printed in blue or lilac ink, there is no need for certification in this case.

These documents in the amount of two copies for each of the parties to the case (as required by the Code of Civil Procedure of the Russian Federation) are submitted to the court. In this case, the court independently sends a package of documents to the defendant with the attachment of a summons on the appointment of a court session.
As a rule, the consideration of the case is carried out in two stages - preparation for the trial and the trial itself.

Where to submit documents

When registering a divorce through the registry office, you can contact the authority at the place of residence of the spouses, and if their registration addresses are different, then at the place of residence of one of them to choose from.

Claims for divorce are considered by justices of the peace without the presence of property claims on the part of the spouses:

1. At the place of residence of the party who will be the defendant in the case.
2. At the place of residence of the plaintiff, if he lives with a small child.

If there is a property or other dispute between the spouses, such cases should be considered in the district courts. The dispute on the division of property will be resolved in court at the location of such property. When resolving the question of where to file for divorce, first of all, you need to decide what requirements you have for your ex-spouse, how and with whom the children will live, what is the procedure for paying alimony, and only on this basis decide which court will apply to yours. case.

If the marriage was terminated in the registry office, further disputes between the parties are subject to consideration in court.

In case of divorce through the registry office, the marriage is terminated immediately after the entry of its termination is made, as well as the stamping of the spouses' passports.

If you have a court decision on hand, then you need to wait until it comes into legal force, and this is a month after its issuance, and only then contact the registry office for the issuance of a marriage termination certificate and affixing a seal.

In this article, we tried to answer in detail the question of where to file for divorce. Having studied this information, you can significantly reduce the time that will be spent on such an unpleasant procedure as divorce. And also understand where to file for divorce, if you have a child, and in which case this procedure is greatly simplified.

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

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

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

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

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

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

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

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

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

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

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

We submit a statement of claim

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

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

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

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

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

On the appointment of the date of the court session

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

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

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

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

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

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

Divorce proceedings

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

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

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

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

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