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Divorce laws. Divorce and division of property according to the family code of the Russian Federation

Today we will try to thoroughly study some of the basics of the Family Code. - something that can affect everyone. Next, we will try to study the key points of filing a divorce. What should everyone remember about this? What troubles can await a couple? How is the divorce process done? Understanding all this and more is really important. After all, only in this case, a citizen will be able to disperse with his wife (husband) as painlessly as possible.

Where is the new state issued

As the Family Code says, divorce is voluntary. The procedure can be carried out at any time. Applicants are either both spouses or one of them. It is better that both people in a pair agree to the operation.

Registration of a divorce in Russia is registered with certain authorities. You can apply for:

  • to local courts (global or district);
  • to registry offices;
  • at the MFC.

In addition, filing an application for divorce proceedings is allowed via the Internet. In this case, the portal "Gosuslugi" will help.

By law, if one of the spouses filed a petition in the prescribed form, they cannot refuse him. Marriage will end sooner or later. There are some exceptions, but more on that later.

When to go to the registry office

The Family Code of the Russian Federation allows divorce in various bodies. The easiest option for the development of events is to contact the registry office (at the place of residence of the husband or wife, or the one where the painting was carried out).

It is allowed to apply for registration of a new civil status if:

  • the citizen already has a court decision on divorce;
  • both spouses agree to parting;
  • the parties have no property disputes;
  • the termination of relations with the husband / wife is carried out unilaterally, provided for by law (more on this later).

As a rule, divorce proceedings begin in the registry offices in the absence of children. If they are, then the mentioned body only draws up a certificate of the established form.

Going to court

In the Family Code, the procedure for dissolution of marriage is clearly spelled out, but it has many features. The thing is that sometimes citizens have to go to court to implement the task.

Apply to the courts if:

  • one of the spouses is against official separation;
  • citizens have common (including adopted) minor children;
  • there are property claims.

It is important to remember that:

  1. Consideration of divorce cases in small property disputes is carried out in world courts.
  2. If a husband and wife cannot divide property worth more than 50,000 rubles on their own, you need to go to the district court.
  3. If the spouses want to formalize the separation unilaterally, you will need to draw up a lawsuit and submit it to the justice of the peace. The same goes for divorce with children.
  4. Do you need not only to get a divorce, but also to solve alimony issues? We'll have to prepare a statement of claim for the district judge.

In general, divorce is difficult. Especially if there are small children in the cell of society. The simplest option is to formalize the separation through the registry office, but this is not always possible.

Exceptions for registry offices

As we have already said, according to the Family Code, divorce can be done unilaterally through the registry offices. In what cases can a husband or wife file a petition alone (excluding preliminary judicial debate)?

Here are the exceptions under which official separation is allowed through one or another registry office:

  • the spouse was sentenced to more than 3 years (provided that the culprit was placed in prison);
  • the husband/wife was declared dead or missing;
  • the second spouse agrees to a divorce, but for one reason or another he cannot come to the registry office.

That's all. We will talk later about how to behave under certain circumstances to complete the divorce process.

Divorce restrictions.

If there is a child in the family, according to the Family Code, divorce is ideally carried out through the courts. If parents have disputes about how much to pay child support and with whom the children will live, one or another judge will help deal with conflicts.

Unfortunately, in Russia, the official registration of the separation of spouses has many features. For example, under certain circumstances, citizens cannot apply either to the registry office or to the court to implement the task.

What is this about? Today, men cannot apply with an application in the established form if they have a pregnant wife. This restriction also applies to families where children have recently been born. While the kids are less than a year old, the husband - according to Article 17 of the Family Code - will not be able to formalize the dissolution of the marriage.

However, it is still possible to separate. For this, the woman must be the initiator of the separation. The mother-to-be can file for divorce at any time. No one has the right to stop her from doing so.

Peaceful resolution of disputes

As stated in the Family Code, it is a voluntary matter. Moreover, spouses can cope with the tasks in different ways. For example, property conflicts, alimony issues and everything related to minor children can be resolved peacefully. Then parting through the court will proceed much faster.

The way out of this situation is the execution of peace agreements. Documents are signed by notaries. They will help you understand:

  • how to communicate with children;
  • how the common property of the spouses will be divided;
  • with whom the children will live (and where exactly).

As practice shows, the following papers may be required to draw up peace agreements:

  • marriage contract;
  • parties' passports;
  • official family registration paper;
  • birth certificates of children;
  • documents for all common property.

It is advisable to attach certificates of income when resolving alimony disputes. Any experienced lawyer will help in the further execution of peace agreements. The relevant agreements will have to be attached to the separation claims in an official manner.

Without the participation of a spouse

According to the Family Code, divorce in court is carried out both with the participation of one of the spouses, and during their mutual visit. The second option helps to carry out the operation without much difficulty. Especially if peace agreements are concluded in advance regarding existing conflicts.

Without the presence of one of the spouses in court, they will not divorce immediately. However, if one of the participants in the process - the husband or wife - did not appear in court three times without reason, then the official separation will be registered without his / her presence.

In the registry office, as we have already said, it is also possible to formalize the separation without the presence of one of the spouses. For example, if:

  • the process is carried out by a court decision (in relation to divorce, recognition as dead / missing);
  • the second spouse is deprived of legal capacity or was deprived of liberty for 3 or more years;
  • the husband / wife is not against separation, but cannot be present during the application.

In the latter case, you will need to issue consent and a power of attorney. In the relevant papers, the party absent at the time of filing the application writes that it is not against parting. In addition, the documentation indicates a request for a divorce.

Registry offices: instructions for divorce

In the Family Code, divorce in the registry office is far from always possible. Nevertheless, this is the simplest scenario.

The following instructions will help to cope with the task:

  1. Collect the documents necessary to bring the idea to life. Their package will change depending on the situation.
  2. Contact the selected registry office or the MFC with prepared certificates. Ideally, both spouses should be present at this point.
  3. Pay the prescribed fee. At the moment, they pay 650 rubles each for parting. If a unilateral divorce is carried out, 350 rubles are charged from the spouse who submitted the application.
  4. Come at the appointed time and pick up the certificate of divorce. Usually a follow-up visit is carried out in a month.

In fact, there is nothing difficult in this. What else can the Family Code of the Russian Federation tell? The procedure for dissolution of marriage through the courts! How to carry out the appropriate procedure?

Instructions for Judicial Debate

It's not as easy as it seems. Usually, filing a petition brings a lot of trouble, because citizens have to deal with serious paperwork.

Guidance on parting through the court can be presented in this way:

  1. Draw up a claim. It details the features of family life and all requests - for the appointment of alimony, the division of property and children, the determination of the schedule for communication of the second parent with minors.
  2. Prepare a certain package of documents. The list of references will vary depending on the situation.
  3. Contact one of the courts.
  4. Take part in the court session.
  5. Get a court order.
  6. Contact the registry office to issue a certificate of divorce.

Usually judicial debates (in particular, in the presence of children) take from 4 to 6 months. Therefore, you will have to prepare and tune in to the fact that the separation will not go as smoothly as we would like.

Documents for registration

Do you want to end your marriage? Articles of the Family Code will help to understand the nuances of this process. It is enough to carefully study chapter 4 of the corresponding code of laws.

When divorcing through the registry office, citizens may need the following certificates:

  • receipt with paid duty;
  • statement;
  • parties' passports;
  • marriage paper;
  • court decisions (on divorce, imprisonment of a husband or wife, recognition as incapacitated/dead/missing);
  • consent to divorce without the presence of one of the spouses.

As a rule, this is enough. Much more extracts are required to carry out the operation through the court.

Here is an approximate list of documents that may be useful in the course of bringing the idea to life:

  • passports of husband and wife;
  • Marriage certificate;
  • certificates of birth or adoption of minors;
  • documents confirming paternity (for alimony);
  • income statements of the parties;
  • documents for all joint property;
  • characteristics from places of study/work;
  • certificates confirming the right of the husband / wife to a particular housing;
  • any evidence of misconduct by one of the spouses;
  • pregnancy statement.

If there are peace agreements and marriage contracts, they will also have to be attached. Testimony can play into the hands of citizens.

Important: when "sharing" children, judges usually leave minors with their mothers. At the same time, fathers will have to pay alimony for babies (up to their 18 years old) and for their ex-spouse during the period of the decree.

"Public services" to help

An application to the registry office for divorce can be filed through the "Gosuslugi". To do this, a citizen will have to create a profile here and confirm his identity.

  1. Pass authorization on the ESIA.
  2. Find among the available services "Divorce".
  3. Click on the "Get a Service" sign. On the page with this button, you can familiarize yourself with the rules of separation in the family.
  4. Fill out an electronic application.
  5. Select the registry office to which to send the request.
  6. Pay for the service.
  7. At the appointed time, upon invitation, come to the registration authority with the papers listed above and pick up a certificate of divorce.

The Family Code of the Russian Federation (FC RF) is a legislative document that contains the rules and regulations governing family relations between citizens living in Russia. The code also lists the conditions and procedure for entering into marriage and the procedure for its dissolution. In addition, Art. 2 of the RF IC establishes the rights to the property of all family members, including between the guardian and the adopted citizen.

About the concept of "divorce" and the procedure for dissolution of marriage

The official dissolution of a marriage is a break in relations between spouses. In this case, actions in which the spouses begin to live separately and stop communicating are considered insufficient. Termination of registered family relations must take place in accordance with the procedure regulated by the law on divorce. The document certifying the divorce is the relevant certificate.

The marriage union is terminated only between the spouses who entered into it through the offices of the registry office. In the Family Code, the term "divorce" is absent due to its vernacular, the concept of "dissolution of marriage" is correct. The gap between a man and a woman is carried out not only after the adoption of an appropriate decision on this, but also in the event of the sudden death of one of the spouses, as well as in other circumstances when the marriage is considered invalid.

To initiate the procedure for dissolution of marriage, it is enough to write an application. Even if one party refuses, the divorce will be carried out. Thus, the desire of one cannot affect the situation, however, it can delay the process of formally ending a valid marriage.

The only exception is pregnancy and a time period of one year from the birth of a common child. During this period, the spouse does not have the right to demand the termination of the marriage, and the claim to the court, if the wife refuses, will be rejected. It is possible to officially break off relations during the period of bearing a child only at the initiative of a woman. Even with the loss of a child (during pregnancy), the husband will wait for consent to divorce for another year, according to the RF IC.

In family law, it is stipulated that on the issue of dissolution of a marriage, one should contact the registry office or a magistrate. The choice of one or another method depends both on the desire of the husband and wife, and on the presence of common children, as well as other features of the situation in the family. But even when applying to the court, the spouses will have to visit the registry office to obtain a certificate. The basic rule of divorce is a time period of 30 calendar days from the date of filing the application. In this case, Russian legislation does not provide for exceptions.

Divorce through the registry office

In the RF IC, there are several basic procedures for the dissolution of a marriage. The rupture of the marriage union through the registry office occurs according to a simplified procedure. So, persons who are in a family union must visit the branch and write an application in the prescribed form. If there is no common child, then the dissolution of the marriage will be carried out without problems. 30 days after the registration of the application, the break in relations will be officially registered.

The Family Code of Russia allows such a procedure if the person is not able to appear at the registry office, but gives his consent. To do this, you should visit a notary and draw up an agreement. If a person is in prison, a similar document is certified by the manager of the correctional facility.

Thanks to the development of Internet technologies, an application for divorce can be issued on the public services portal or through the MFC (Multifunctional Center). The Family Code of Russia describes the conditions under which a person has the right to draw up and send an application to the registry office if they wish to get a divorce. These include:

  • imprisonment or detention of a married person for a period of 36 months or more. In addition to the application, you will need to attach a judgment (copy), which has entered into force;
  • if a person who is in a marriage union is declared incompetent in accordance with the decision of a judge. In addition to the application, you will need to attach the specified document;
  • if the person is reported missing. This decision is taken by the court. Accordingly, the application must be supplemented with such a decision from the judge.

Other cases are considered only through the courts.

When the termination of the relationship occurs through the court

The Family Code of Russia describes the following situations of divorce proceedings in court.

  1. The marriage union is terminated through the courts if there are joint children in the marriage who have not reached the age of majority, or disagreement is expressed on the termination of the union by one of the spouses. Exceptions are provided for in paragraph 2 of Article 19 of the RF IC
  2. can occur when there is consent, but one of the parties evades signing the documentation.

The main goal of the Family Code of the Russian Federation is to respect the interests of children under the age of 18. An appeal to the courts, according to the RF IC, should be drawn up if there are no grounds for termination through the registry office. In this case, the legal proceedings will be extended in time, since it is necessary not only to write an application, but also to collect a package of documents. In this case, the court may appoint an additional period for reconciliation of the parties. In addition, the couple needs to discuss a number of issues related to:

  • places of further residence of minor children;
  • the order of the educational process, the participation of the second parent in it;
  • division of joint property acquired in marriage;
  • issues of alimony and maintenance;
  • other points of contention.

The legislation of Russia establishes (Article 28 of the Civil Code) that the statement of claim in the event of a divorce is sent to the address of the defendant's residence. However, in exceptional cases, the claim can be sent to the place of residence of the plaintiff with the relevant documents attached. Such exceptions are mentioned in Art. 29 of the said code.

Divorce procedure in court

If the judge received only an application to initiate a divorce, and there are no other requirements, then the procedure is simple and does not take much time. However, if a number of requirements are attached to the application, then the consideration of the case is delayed. The judge may schedule multiple court hearings.

After filing a claim with the court, you should wait for notification of the place, time and other data regarding the hearing in the case. As a rule, notification comes two weeks after the registration of the application. If there is none, you must contact the court and find out the reasons for the delay. If the application was drawn up correctly, the court appoints the first meeting after 30 days from the date of registration of the claim.


You can attend the court session in person or send a petition to the court for consideration in the absence of the plaintiff. For its part, the defendant has the right to write a statement of consent with the claim or send objections. All actions of the parties must be based on the Family Code of Russia.

At the first meeting, the judge will ask about the consent of the defendant to sign the divorce document. With an affirmative answer, a divorce, according to the UK, is carried out without clarifying the grounds for breaking off relations. In case of a negative answer, the court has the right to find out the reasons and find out whether it is possible to save the family. Then the first meeting is closed and the couple is given another three months for reconciliation.

At the second court session, according to the RF IC, in the absence of a statement from the plaintiff to annul the claim, the marriage is dissolved. The judgment comes into effect one month later. In case of filing an appeal against the decision of the magistrate, the proceedings are transferred to the appellate instance.

The date of the dissolution of the marriage is the day the court order is issued. Former spouses must come to the registry office with a copy of the decision, on the basis of which the corresponding certificate will be issued.

RF IC on the procedure for dividing property in a divorce

The IC of Russia contains a set of rules regarding the procedure for the division of common property, which can be both personal and joint. Art. 34 clarifies the list of joint property.

  1. Allowances, pensions and other payments. An exception is transfers that were sent, for example, for the treatment of damaged health or other compensation.
  2. Income from wages, business or intellectual work.
  3. Any movable and immovable property acquired jointly during the marriage. They also include securities, shares, deposits, investment shares.
  4. Any other property acquired in marriage, regardless of the buyer.

Property related to personal property, according to Art. 36 of the Family Code of the Russian Federation, it is considered:

  1. Movable and immovable property acquired before the date of registration of the marriage union.
  2. Property received under the documents of donation or after the entry into the inheritance.
  3. Personal items - hygiene items, clothes, shoes and more.
  4. Patents, copyright, intellectual property.

The Russian Code regulating family relations also contains indications that any property can be recognized as common if there are facts that during the marriage union finances were allocated from common funds, which subsequently significantly increased the value of personal property. These, for example, include: major repairs of an apartment or car.

An entire section is devoted to the issues of division of property in the Family Code, since it is in this area that disputes and contradictions most often arise. It is possible to resolve the conflict with a mutual decision and the execution of an agreement by the couple on the division of property. A prenuptial agreement will help prevent the development of a dispute based on property. However, disputes constantly arise, and regulation takes place in the courts. Family law has a clear definition that the rights and opportunities of spouses are equal, including in the event of divorce.

The Family Code is a state normative act that describes in detail all the nuances related to the conduct of the divorce process. It is not enough to know what law applies to a divorce, spouses must clearly understand their rights and obligations before and after a divorce.

The Family Code describes all the procedural features of the divorce process and other nuances that a man and a woman should know.

  • The circumstances on the basis of which it is possible to terminate family relations in court or through the registry office are described.
  • On the basis of a civil act on family relations, such issues as the division of joint property, the continued residence of common children after the parents divorce, and the appointment of alimony payments are regulated.

Grounds for the official termination of family relations

The provisions introduced on the basis of a civil act (Article 16) on marital relations provide for a whole list of legal aspects that can serve as a pretext for formal consideration of a divorce case. There are also some procedural features, without which the termination of the union cannot be formalized, from a legal point of view.

Grounds for divorce:

  • Death of one of the spouses. In such a situation, a widowed person must submit a supporting document to the registry office. However, on the basis of a civil act, the union is considered annulled from the moment of the death of one of the spouses.
  • If a person is in a situation that poses a threat to life, he has not been declared for six months, he is recognized as missing. Citizens are also considered missing if there is no information about them at their official place of residence for more than 5 years (Article 45). In this case, the second spouse has the right to file a divorce on the basis of a court decision.
  • When one of the spouses took part in hostilities, and after their completion there is no information about him for two years, the person is officially recognized as missing. In this case, according to the family code, a divorce is issued on the basis of the death certificate of one of the spouses.

Representatives of the civil status authorities have the right to issue a certificate of divorce if all documents are available (Article 31). Among them are the following:

  • a statement from both spouses, provided there are no common children who have not reached the age of majority;
  • a statement of one of the spouses, if he has certificates of recognition of the second half as dead and missing;
  • officially certified court decision on recognizing the marriage as annulled.

Article 16 has an amendment according to which a guardian can act as a representative of one of the spouses if there is a medical opinion confirming his mental disorder.

How is a divorce carried out?

Article 18 contains a list of all those bodies that have the right to issue a divorce. This can be done either administratively under civil law acts or through the courts in more complex cases.

The procedure and features of the consideration of complex cases are also described by the family code (articles 21-23). Termination of marital relations is carried out only through a bailiff.

Termination of relations in the registry office

Termination of marriage through the registry office is possible in the following cases (Article 19):

  • there is full consent to the divorce of both spouses;
  • one of the representatives of the couple is declared missing or dead;
  • the incapacity of one of the spouses is confirmed by a medical certificate;
  • one of the representatives of the couple is imprisoned for more than 3 years.

The procedure for considering cases through the registry office is very simple. The husband and wife together submit an application to the representatives of the authorities; it is not necessary to indicate the reason for the desire to terminate the union. In the event that one of the representatives of the couple cannot be present on the appointed day, applications can be submitted separately.

An application can be submitted by only one person if he has documentary evidence of this right - a certificate of the death of a spouse or recognition of his psychological instability (Article 19). The time period for consideration of such cases is no more than 30 days.

For the consideration of cases on the termination of the union in accordance with the family code, a mandatory state duty is charged. Each representative of the couple pays their contribution on a separate receipt.

Termination of relations in court

Article 23 of the Civil Family Code includes the following grounds for considering cases of dissolution of the union through the courts:

  • after the collapse of the union, parents have children who have not yet reached the age of majority;
  • one of the representatives of the couple does not agree to the termination of marital relations;
  • one of the representatives of the couple evades the process relating to divorce cases.

The basis for the consideration of such cases in court may be an application filed on behalf of the husband or wife. The order of the procedure has its own characteristics, without knowing which a man or woman will not be able to defend their rights. The person who filed the application has the right to collect alimony, request the division of property and demand to deprive the other parent of visits with the child.

During the consideration of cases on the dissolution of the union through the court, the presence of a qualified lawyer is recommended.

The court considers the following questions:

  • with which of the parents after the divorce the minor child will live;
  • is there a marriage contract and how will the property be divided:
  • the question of the payment of child support by one of the parents.

Division of common property and payment of alimony

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Judicial practice has gone through many cases, accompanied by property disputes and questions about the payment of alimony for common children. Each case has its own characteristics that are important to consider.

Alimony payment

Certain categories of citizens have the right to demand the appointment of alimony after the termination of marital relations has been formalized (Article 90).


Alimony, which is imposed on one of the parents, is subject to monthly payment (Article 91). The amount of payments depends on the person's official income. However, if desired, the spouses can draw up an agreement and independently determine the degree of material assistance for the care of the child. The court will consider the parents' claim and make a final decision.

Common property division

As for the division of jointly acquired property, this procedure can be decided by the husband and wife peacefully between themselves or in court.

  • If the husband and wife, after the dissolution of the union, resolve the property issue peacefully, they will need to draw up an agreement and certify it in a notary's office. This agreement is submitted to the court along with the application.
  • Based on the civil code on marital relations, in case of discord between a man and a woman on the issue of the division of property, this is decided in court. The procedure for considering a case can be applied within 3 years from the moment the union was dissolved.

The procedure has its own characteristics; not all property can be divided among themselves. Moreover, if the termination of the marriage was formalized, the children cannot claim the share of the parents' property, only the share of the woman and the man is determined. Based on the civil code, among what cannot be divided, the following objects are distinguished:

  • objects acquired by a person before marriage;
  • personal items;
  • property received as a gift from deceased relatives.

Is it possible to restore a marriage

The Family Relations Code describes all the features and nuances of the divorce process. For example, with whom will minor children remain after the discord of their parents, how will property be distributed. However, not all the features provided by the code.

If the termination of the relationship was formalized, the spouse was declared missing and dead, and after some time they are announced, the marriage can be restored. It is the duty of the court to set aside its decision.

Conditions when a marriage can be restored in the event of the appearance of a missing person:

  • the second representative of the couple did not have time to sign marital obligations with the other spouse;
  • mutual consent of the spouses to restore relations.

The period of consideration of a civil case takes at least 30 days.

Termination of a marriage is a complex procedure, which has its own nuances and obligations. In the presence of minor children for parents is even more complicated. It is for this reason that a couple in a divorce should always seek a compromise in order to avoid litigation.

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

New edition Art. 21 RF IC

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 in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to the dissolution of the marriage.

2. Dissolution of a marriage is also carried out in a judicial proceeding in cases where one of the spouses, despite the absence of objections, evades the dissolution of marriage in the civil registry office, including refusing to submit an application.

Commentary on Article 21 of the RF IC

1. The presence of common minor children implies the dissolution of the marriage in court, however, even if the spouses have common minor children in the cases provided for in paragraph 2 of Article 19 of the UK (if one of the spouses is recognized by the court as missing, incompetent, sentenced for committing a crime to imprisonment for a period of more than three years (see comment to it)), divorce is possible in the registry office.

In the absence of the consent of one of the spouses to the dissolution of the marriage, the dissolution of the marriage is also considered in court.

2. Marriage is also dissolved in court when one of the spouses, while not formally refusing to dissolve the marriage in the civil registry office, actually does not do so. Paragraph 2 of the commented article provides a non-exhaustive list of actions that indicate that one of the spouses evades divorce in the civil registry office.

The divorce case is considered in court in an open session, however, at the request of the spouses, when the intimate aspects of their relationship are affected, a closed session can be held.

The procedure for dissolution of marriage is established on the grounds expressly specified in the law. Consideration of cases on divorce is carried out by the court in the manner of action proceedings provided for by the Code of Civil Procedure of the Russian Federation. In accordance with Art. 23 of the Code of Civil Procedure of the Russian Federation, the justice of the peace considers cases of divorce as a court of first instance, if there is no dispute between the spouses about children.

Another commentary on Art. 21 of the Family Code of the Russian Federation

1. For cases where, even if the spouses have common minor children, the dissolution of the marriage is carried out in the civil registry offices, see clause 2 of article 19 of the RF IC and the commentary thereto.

2. As indicated in paragraph 4 of Resolution No. 15, cases of divorce with persons sentenced to deprivation of liberty are considered, if these cases are under the jurisdiction of the court, in compliance with the general rules on jurisdiction. If a statement of claim for divorce from a person sentenced to deprivation of liberty is accepted by the court for proceedings in accordance with Article 117 of the Code of Civil Procedure, then it is necessary to proceed from the last place of residence of the specified person before his conviction.

An action for divorce with a person whose place of residence is unknown may be brought at the choice of the plaintiff, that is, at the last known place of residence of the defendant or at the location of his property, and in the case when the plaintiff has minor children or travel to the place of residence of the defendant for him, for health reasons, it is difficult - at his place of residence (parts 1 and 10 of article 118 of the Code of Civil Procedure).

3. Considering that, by virtue of clause 2, article 19 of the RF IC, the dissolution of a marriage with persons recognized as missing, regardless of whether the spouses have common minor children, is carried out in the civil registry offices, when such a claim is filed with a person in in respect of which during the year at his place of residence there is no information about his place of residence, the judge explains to the plaintiff the procedure for recognizing citizens as missing (Article 42 of the Civil Code of the Russian Federation). However, if the spouse does not want to apply to the court with an application to recognize the other spouse as missing, the judge does not have the right to refuse to accept the statement of claim for divorce, but must consider the claim on a general basis.

4. The statement of claim for divorce must meet the requirements of Article 126 of the Code of Civil Procedure. It, in particular, indicates when and where the marriage was registered; whether there are common children, their age; whether the spouses have reached an agreement on their maintenance and upbringing; in the absence of mutual consent to the dissolution of the marriage - the motives for the dissolution of the marriage; whether there are other claims that may be considered at the same time as the claim for divorce. The application shall be accompanied by: marriage certificate, copies of birth certificates of children, documents on earnings and other sources of income of the spouses (if alimony is requested) and other necessary documents.

5. Having accepted the application for divorce, the judge, in the course of preparing the case for court proceedings, if necessary, summons the second spouse and finds out his attitude to this application. The judge also explains to the parties what claims can be considered at the same time as a divorce claim. When adjourning the proceedings on the dissolution of a marriage and the recovery of alimony for children in connection with the appointment of a period for reconciliation of the spouses, the court must find out whether the defendant participates in the maintenance of the children. If the court establishes that the defendant does not fulfill this obligation, he has the right, in accordance with Article 108 of the RF IC, to issue a ruling on the temporary recovery of alimony from the defendant until the final consideration of the case on divorce and recovery of alimony.

God forbid that a person does not have to delve into the provisions of the Family Code on divorce. But life can make its own adjustments.

Each person from the beginning of life to the end enters into social relations as parents, as children, or relations of spouses. For many years, the practice of family law has confirmed that controversial problems in the relationship of partners give rise to many questions in their resolution.

The Family Code of the Russian Federation (FC RF) is the law that regulates such contentious issues. The sections of this legislative act reflect the most important moments of relations within the family, as well as the procedure and consequences of divorce.

Law

The Family Code of the Russian Federation is not just a law. Its tasks are to protect the rights of citizens, to promote the formation of a normal psychological climate within the family and after the breakup of the family.

In the Family Code, the problems of marriage annulment are regulated by the 4th chapter, which includes 11 articles. It is useful to know how you can get a divorce without causing moral and material damage.

It is important to know: you can always get a divorce, only in different situations, depending on the complexity, the divorce process takes different periods.

The exception is the wife's pregnancy. After the birth and until the child has reached the age of one, the court cannot satisfy the desire of the husband without the consent of the mother of the baby to terminate the family relationship.

In this example, the rights of the mother and her child prevail. Humane family law provides for the realization of the rights of men. If the wife has successfully recovered from the burden and the baby is already one year old, then the husband can submit a re-application for consideration.

Divorce in the registry office

Your union can be terminated in many ways - either through the registry office or through the judicial system. Attention - if no children were born in the marriage, and both spouses do not want and cannot live together, then you can simply go to the registry office and get a divorce.

If there are common children, or one of the spouses opposes breaking off relations, then you need to go to arbitration, a lawyer will not interfere in difficult episodes. In the registry office, terminating your union is quite simple and fast.

The husband and wife go to the registry office in the area where they are registered, or to the registry office where their marriage ceremony took place and fill out the documents for. Thirty days later, the spouses become former, and the registry office issues each document on the new status of free people.

Exceptions in which, even if you have children, you can get a divorce in the registry office:

  1. If your other half disappeared in an unknown direction and you contacted the police to search for her. If the police do not find a person, then he can be declared missing. The registry office registers the annulment of the marriage if there is documentary evidence that the person is missing.
  2. If one of the spouses has lost legal capacity.
  3. If one of the couple went to jail for more than three years.

Divorce in court

Modern Russian family law involves two ways of conducting court cases on the dissolution of a marriage.

Simplified procedure - when there is a mutual decision to divorce. This fact has always been proof that the union has ceased to exist.

The motives and reasons for breaking family relations in this case are not clarified, and the court does not apply actions aimed at reconciling the parties. However, minor children in the event of a parental separation are protected by Family Law in any scenario.

In order to ensure the interests of children, the two parties must, even before the process, come to an agreement on who and how will support and educate the children. If the parents cannot resolve these important issues, then the judge decides.

It is also desirable before the court to amicably resolve issues on the division of common property and, if there are legal grounds, about the payment of alimony to one of the spouses by the second.
The second way is when one of the couple wants to get a divorce, and the second is against it.

In such cases, it is the duty of the judge to make sure that in the future the preservation of the family will be impossible. It is also necessary to establish the fact of the collapse of the union. The court is competent to investigate the circumstances that contributed to this.

The experience of family law shows that people get divorced, in general, for the same reasons - this is drunkenness, adultery, etc. This is given a very vague definition of "dissimilarity of characters."