Dissolution of marriage in a judicial proceeding is carried out. How is the jurisdiction of cases determined, in what cases to file a claim with a magistrate, and when to a district court. Video: how a divorce happens in court

20.06.2019

Your decision to divorce is final and irrevocable? Be prepared for a difficult and sometimes lengthy divorce process. Especially if there are circumstances in your family, in the presence of which divorce is carried out in court.

In what cases are divorced in court?

The law provides for several conditions:

1. The presence of common minor children

Even if both spouses want to divorce, the court is obliged to protect the rights of their minor children. In court, the following issues are resolved:

with whom of the spouses the children will live after the divorce;
who and how will bring up children;
who will pay child support.

Did the parents themselves come to a consensus on this score? Then they can submit their agreement to the court. If the children's rights are not violated, the court will approve the parents' agreement by its decision.

2. Lack of consent to divorce one of the spouses

It is not always possible for spouses to achieve solidarity if family relations are on the verge of divorce. If, in the process of considering the case and clarifying the motives and reasons for the divorce, the court comes to the conclusion that the preservation of the marriage is impossible, it makes a decision on the divorce. That is, it satisfies the desire of the initiator of the divorce despite the disagreement of the opposite side.

If, in the process of divorce, it becomes obvious that the family can be saved due to the categorical disagreement with the divorce of one of the parties, the court may set a time limit for reconciliation of the spouses. After the end of this period, a final decision is made. ...

3. Avoidance of divorce proceedings

Often a situation arises when the spouse does not express categorical disagreement with the divorce, but does not allow to bring the matter to its logical conclusion. He avoids visiting the registry office, filing an application and carrying out the procedure for divorce, does not submit a petition to consider the case in his absence, etc. In this case, the second spouse has no choice but to file a divorce through the court. This provision is provided for in Art. 21 of the RF IC.

Divorce through the courts. Worldwide or regional?

In the process, a logical question arises: in which case is the divorce carried out in the magistrate court, and in which case - in the district?

As a rule, divorce is carried out by a magistrate. And only in the event of disputes between the spouses about the division of joint property, about the determination of the place of residence of the children, about the conditions of keeping and raising children, the divorce proceedings are carried out in the district court.

As is clear from the above, it is much easier and more efficient to file a divorce in the magistrates' court. Divorce in a district court is more difficult, lengthy and costly - both procedurally and emotionally. Indeed, in court, you will have to resolve important property and personal disputes, disclose the intimate aspects of the relationship between spouses. Therefore, it is worth resorting to divorce through a district court only in exceptional cases - if it is impossible to resolve a conflict between spouses about children or property.

How to get a divorce through the magistrates' court?

First of all, it is necessary to resolve all controversial issues before going to court. The mutual consent of the spouses to divorce and the absence of disputes about children or property is the basis for divorce in the magistrates' court.

For example, in order to file a divorce through the magistrate's court with children, it is necessary to draw up an agreement that will define the essential provisions:

with whom of the spouses the minor children (or each of the children) will live after the divorce;
who of the spouses will be entrusted with the alimony obligations, to what extent the alimony will be collected for the children, and in some cases for the spouse who has the right to maintenance;
the procedure for the exercise of parental rights by the spouse who will live separately from the children.

Such an agreement is one of the mandatory documents for a divorce through a magistrate's court with children.

Divorce procedure through the court. Stages. Rules. Instruction.

Let us briefly describe how the divorce proceeds in the magistrates' court. The process takes place strictly in accordance with procedural legislation and consists of several main stages:

The plaintiff submits;
The court accepts the application and sets the date for the hearing;
Further, the consideration takes the form of a court session;
The court makes a decision;
The judgment comes into force;
The parties receive a copy of the court decision;
The parties are turning.

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

Preparation of a statement of claim and documents for divorce

The well-known concept of "file for divorce" means the preparation and submission to the court of a correctly drawn up statement of claim for divorce and a complete package of necessary documents.

A divorce application must comply with the established form and contain all the necessary information:

the name of the magistrate or district court;
information about the plaintiff and the defendant: full name, place of registration and actual residence;
date and place of marriage registration;
information about the presence of common minor children;

Learn more about the requirements to the content statement of claim, the list of required documents, you can familiarize yourself with the sample and download the form in the article ““.

How do I file an application for divorce?

An application for divorce must be filed with the court at the place of residence of the defendant, except in cases where it is allowed to file an application at the place of residence of the plaintiff (if there are minor children or due to health conditions).

Acceptance of the statement of claim by the court

If the statement of claim and documents are accepted, the court sets a date preliminary meeting(at which the court will determine the readiness of the case materials for consideration, as well as make attempts to reconcile the parties and invite them to conclude an amicable agreement) and main meeting(which will consider the circumstances of the case and make a decision). The date of the first court session is set no earlier than one month after the submission of the application, about which the parties are notified by summons.

Consideration of a case at a court session

During the formal part of the court session, the attendance of the parties is checked, the rights and obligations are explained, and the petitions declared by the parties are considered. Further, the court gives the floor to the parties: it hears the claims of the plaintiff, consent or disagreement with these requirements of the defendant, considers the evidence of the parties. The last part of the court session is the debate - alternate statements of the parties regarding the claims and appeals to the court for their satisfaction.

What questions does the judge ask?

The upcoming court hearings may cause concern and anxiety, especially for those who have never participated in them. But it is important to understand that the divorce process is a formal procedure that does not imply "bringing to light" deeply personal details of married life, and is not at all like themed scenes from TV programs and feature films.

Nevertheless, the court will ask the spouses questions, since the data contained in the documents are not enough to comprehensively study the case.

What questions can be asked at the hearing?

What are the reasons for divorce?

Perhaps this is the very first and predictable question. Depending on what circumstances induce the spouses to dissolve the marriage, the court will draw conclusions about the possibility or impossibility of maintaining the family.

If the intention to divorce is not sufficiently substantiated (quarrels, disagreements, fading of feelings, burden of responsibility), the court may appoint a 1-3-month period for the spouses (clause 2 of article 22 of the RF IC). If the court establishes that the reasons for the divorce are sufficiently justified (separation, betrayal, domestic violence), and reconciliation is impossible, the marriage will be terminated immediately, without setting a conciliation period (clause 1 of article 22 of the RF IC).

Does the second spouse agree or disagree with the dissolution of the marriage?

The fact that one of the spouses had to go to court is already indirect evidence that he did not receive the consent of the second spouse to divorce. But not always. It happens that spouses cannot divorce in a simplified manner (through the registry office) due to the presence of children, although both want it.

One way or another, the court will find out to what extent the intention to dissolve the marriage is agreed. If so, the marriage will be terminated without delay. , the court may postpone the final decision and give the couple a chance to make up.

Where will the children live?

It is advisable for the spouses to decide before this issue is raised at the hearing. In this case, the decision should be based on the interests of the children, and not on parental personal desires and motives. Otherwise, the court will have to decide this issue (clause 2 of article 24 of the RF IC), and then additional questions will be raised:

To which parent is the child more attached?
Which parent has a better home for living with children?
Which parent has more free time and opportunities to raise children?
Whose income is higher?
What kind of life do father and mother lead?
What is the desire of the child himself (if he is already 10 years old)?

As practice shows, the father takes an equal part in the upbringing of children and pays alimony for their maintenance on a monthly basis.

What will be the amount and procedure for paying child support?

The issue of the payment of alimony logically follows from the issue of the place of residence of children (clause 2 of article 24 of the RF IC). Since children live with one of the parents, the other parent must take an equal part in their life - in the form of monthly alimony payments.

Parents can agree on the amount and method of paying alimony themselves (in cash on receipt, postal, bank transfer). It is good if the agreements are set out in writing (in the form of an alimony agreement) and certified by a notary. If there is no agreement and a dispute arises, the issue of supporting the children is referred to the court.

How will the spouses' joint property be divided?

It is not necessary to raise the issue of the division of jointly acquired property in the divorce proceedings - this can be done after the divorce. The limitation period is three years from the moment one of the spouses violates the property rights of the second spouse.

If the spouses do not intend to divide the property at the same time as the divorce, the question asked can be answered as follows: there are no disputes or mutual claims regarding the division of material assets.

If there are disputes, a fair division will have to be carried out in court. You will need documents confirming the ownership of all property acquired in marriage: contracts, checks, receipts, bank statements. The court will make a decision based on the results of the section.

With the help of a lawyer, prepare simple, competent answers to these and, possibly, related questions. Do not start talking until you are given the floor, do not interrupt the court and other participants in the process. Be polite and restrained, exclude emotionally colored, expressive, abusive expressions from your speech. Remain calm, be confident in your chosen position.

Need legal advice on an upcoming court hearing? Get it for free - write to the chat or call the hotline.

Divorce judgment

Having considered the materials of the case and having listened to the demands of the parties, the court retires to the conference room to make a decision. The operative part of the court decision on divorce is announced to the parties, and the document with the full text (with an introductory, descriptive, motivated and operative part) is handed over five days after the operative part is announced.

If there was no agreement between the spouses on children or property, a court decision may determine the conditions for the further place of residence of the children, alimony obligations in relation to the children and obligations to support the spouse, the conditions for the division of joint property.

Entry of a court decision into legal force

The judgment comes into legal force 30 days after its adoption, if no appeal is received from the parties.

If one of the parties submits an appeal against the court decision, it comes into force after the consideration of the complaint, if it has not been canceled. If in the appellate instance the court decision is canceled, changed or a new decision is made, it enters into legal force immediately.

The moment of termination of the marriage relationship is the moment of entry into force of the corresponding court decision.

Obtaining a court decision by the parties

After the end of the 30-day appeal period, each of the parties is issued a copy of the court decision with a note of entry into force. In some cases, the court issues only an extract from the court decision, valid only for submission to the registry office.

Divorce registration at the registry office

The fact of divorce by the court is subject to state registration with the registry office.

A copy of the court decision on divorce or an extract from it is presented by the parties to the registry office to register the divorce and obtain a divorce certificate. It can take about a month from the moment the court's decision is filed until the receipt of the divorce certificate.

Failure to appear in court

Receiving a subpoena, many give vent to emotions and decide not to appear at the hearing.

The reasons for not appearing in court in case of divorce may be disagreement with the divorce, unwillingness to meet with the spouse, argue and sort things out, reveal the intimate aspects of family life, as well as deliberately delaying and complicating the trial.

What is fraught with failure to appear in court for divorce?

According to the law, the court is obliged to notify the parties about the place and time of the court session, and the parties are obliged to notify the court of the reasons for failure to appear, providing evidence that the reasons are valid. Based on this, if one of the parties fails to appear at the hearing, the court finds out:

whether the preliminary notification of the party about the place and time of the court session was carried out;
in case of proper notification of the court about his failure to appear - is the reason for the absence of the party valid.

Depending on these circumstances, the court makes a decision on the possibility or impossibility of holding a court session in the absence of one of the parties.

So, if one of the parties, duly notified of the time and place of the consideration of the case, did not appear in court for a good reason (illness, work trip, family circumstances), the consideration of the case is postponed. A good reason for failure to appear must be notified to the court with the submission of supporting documents.

Three times failure to appear at the hearing is the basis for considering the case in the absence of a party (defendant) and making a court decision - satisfying the claims of the other party (plaintiff). The absence of a valid reason or failure to report it will be the reason for the prohibition on appealing the court decision adopted at the hearing in the absence of the defendant (Article 167 of the Code of Civil Procedure of the Russian Federation).

In the event that none of the parties appeared at the hearing, the divorce case is closed.

If you do not want to personally participate in the divorce proceedings and attend unpleasant court hearings, there are more reasonable options for solving the problem than failure to appear in court. For example, you can assign the responsibility to act on your behalf in court to a representative - a trustee or a lawyer. Or submit a petition to the court to consider the case without your participation.

How long does a divorce last?

The duration of the divorce procedure is on average from 2 to 6 months and depends on factors such as mutual consent or disagreement of the parties, the presence of common children and disputes about them, the presence of joint property and the need to share it. There are other factors that affect the time frame for the trial.

How much does a divorce through court cost in 2019?

The financial side of divorce, or rather the cost of state fees and additional legal and notary services, is undoubtedly important. You just need to know how much it costs to get a divorce through the courts and be prepared to bear certain monetary costs.

The total cost of a divorce through a court consists of:

state fee for filing a statement of claim for divorce... In accordance with article 333.19. Tax Code of the Russian Federation, in 2019 the size of the state duty is 600 rubles;
state duty for filing a statement of claim of a property nature. This amount is calculated using a special formula based on the cost of the claim - claims of the plaintiff collected from the defendant (for example, the value of a share of property or the amount of alimony);
notary services. Payment is due for notarization of the written agreement of the spouses (for example, on the division of property or determination of the place of residence of the children), as well as the notary's service for the preparation of these documents;
legal support of the divorce proceedings. Drawing up a statement of claim in accordance with the law and the specifics of a particular situation, preparing a package of documents, filing a claim in court, participating in court hearings, preparing and submitting applications and petitions, appealing a court decision, etc. The cost of legal services depends on the level of qualifications of the lawyer, the volume and duration of his work, and the prices for services. Among law firms, the “turnkey divorce” service is widespread, which implies a comprehensive management of a divorce case with payment for a full range of services.

A marriage is dissolved by a court, if the breakdown of the family is obvious, the preservation of such a marriage is not in the interests of either the spouses themselves, or their children, or society.

Court consideration of cases of divorce is carried out in the manner of claim proceedings established by the Code of Civil Procedure. A lawsuit for divorce is filed with the district court at the place of residence of the spouses, if they live together, or the defendant spouse, if they live separately. A claim for divorce with a person whose place of residence is unknown may be brought at the option of the plaintiff or at the last known place of residence of the defendant, or at the location of his property. In the event that minor children are with the plaintiff, or when, for health reasons, it is difficult for the plaintiff to travel to the defendant's place of residence, a divorce claim may be filed at the plaintiff's place of residence.

Divorce in court is provided for in the following cases:

1) upon mutual consent of the spouses, but if the spouses have common minor children, except in cases where one of the spouses:

- recognized as missing by the court;

- declared incompetent by the court;

- convicted of committing a crime to imprisonment for a term of over three years;

2) in the absence of the consent of one of the spouses to dissolve the marriage;

3) if one of the spouses, despite his lack of objections, evades divorce in the registry office: refuses to submit an application, does not want to appear for state registration of divorce, etc.

In case of divorce by mutual consent of both spouses with common minor children, the court is not entitled to:

- refuse to dissolve the marriage;

- find out the reasons for the divorce;

- take measures to reconcile the spouses;

- in any other way invade their privacy.

The spouses have the right to submit to the court an agreement on children, concluded in writing, which stipulates:

? with whom of the spouses the minor children will live;

? the procedure for payment and the amount of funds for the maintenance of minor children;

? the procedure for communication of children with a parent with whom they will not live.

The court has the right:

1) approve the agreement on children;

2) invite the spouses to amend the agreement and approve it;

3) refuse to approve the agreement if it is not in the interests of the children.

If the spouses have not submitted an agreement on children (or this agreement has not been approved by the court), the court is obliged to determine with which of the parents the minor children will live, what will be the procedure for children to communicate with the spouse with whom they do not live.

Various sociological studies show that the motives for initiating a divorce case are constant quarrels and conflicts in the family, immoral behavior of one of the spouses, drunkenness, adultery, etc. Most divorce suits contain a standard motive - dissimilarity of characters. The Family Code does not contain any list of circumstances in the presence of which a marriage can be dissolved. In accordance with Art. 22 SK, the marriage is dissolved if the court finds that the above and other circumstances have led to the fact that the further life of the spouses and the preservation of the family have become impossible. If the court concludes that the claim for divorce is insufficiently substantiated and there is an opportunity to save the family, it may postpone the proceedings and set a time limit for reconciliation of the spouses within three months. Reconciliation of the spouses leads to the termination of the divorce case. If the conciliation procedure has not yielded results and at least one of the spouses insists on the dissolution of the marriage, the marriage is dissolved. In these cases, the court is not entitled to make a different decision on the refusal to dissolve the marriage.

In cases where the marriage is dissolved, the court, at the request of the spouses (one of them), simultaneously resolves issues arising from the termination of the spouses' life together: about children, about the division of common property, about the payment of funds for the maintenance of a disabled spouse. Issues related to the fate of children: about their place of residence (with the mother or father), about the payment of funds for their maintenance, - the court is obliged to solve even in the absence of relevant requirements of the divorcing spouses, if they have not reached an agreement on these issues or an agreement reached by them, in the opinion of the court, it contradicts the interests of the child (Article 24 of the UK).

Determination of the moment of termination of the marriage is of great importance for ensuring the rights and legitimate interests of the former spouses. This point is defined in Art. 25 SK. A marriage dissolved in the registry office is terminated from the date of state registration of the dissolution of the marriage, that is, from the date of drawing up the deed of divorce. A marriage dissolved in court is considered terminated from the date of entry into force of the court decision on dissolution of the marriage. Accordingly, the former spouses are not entitled to remarry until a certificate of dissolution of the previous marriage is received from the registry office, that is, before its state registration.

The result of a divorce is the termination of personal and property legal relations of the spouses, with the exception of certain rights and obligations specified in the law. So, the ex-spouse (ex-spouses) has the right to keep the surname assigned to him at the conclusion of the marriage (clause 3 of article 32 of the SK). The consent of the other spouse is not required. The former spouse has the right, under certain conditions, to receive funds for his maintenance (alimony) from the other spouse (Art. 9 ° CK).

When is divorce going through the courts? These cases are indicated in Article 21 of the Family Code of the Russian Federation:

have minor children (common, relatives or adopted children);

the husband or wife refuses to end the marriage;

one of the spouses refuses to apply or does not appear at the registry office.

How does a divorce take place through a court?

Who is eligible for judicial divorce

Any of the spouses.

The spouse's guardian, if the court has declared the spouse legally incompetent.

Prosecutor. He can file a lawsuit when it is required based on the interests of an incapacitated or missing person.

According to the Law "On the Prosecutor's Office of the Russian Federation", the prosecutor can act as a plaintiff in a civil case, since he protects the rights of people.

A husband cannot file a claim without the consent of his wife if she is pregnant or a year has not passed after giving birth, even if the child was born still or died before a year (Article 17 of the UK).

Such exceptions were made in order to preserve the health and nerves of the mother and child, since legal hardships negatively affect their well-being.

Which judge to apply to

There are world and federal judges. Each of the categories is competent to conduct the process only under certain conditions. The categories differ in form and status. With federal judges more rigorous in professional demand, these ministers of Themis are considered to be more competent in matters.

If both spouses agree to divorce, they have no disputes about children, you need to go to the magistrate. If the spouses argue about children or about property, then they need to go to the district court with a claim, federal judges hear cases there (Articles 23-24 of the Code of Civil Procedure of the Russian Federation).

Motives for divorce in court

Divorce by court is considered possible when the court establishes for sure: the family has broken up, the further life of the spouses is not possible (Article 22 of the UK).

The Family Code does not contain the motives for divorce.

Most often, among the reasons they call: infidelity of spouses, gambling addiction, alcoholism, drug addiction, sexual dissatisfaction, mismatch of vital interests, disagreements on financial issues, non-compliance with the terms of the marriage contract.

Spouse against divorce

If couple agree divorce through a court, then the court dissolves such a marriage without finding out the reasons for the divorce (this is stipulated in Article 23 of the UK).

If the plaintiff does not inform the court of the reason severing the marriage relationship, the court may temporarily stop the claim. But not to refuse, but only to offer reconciliation, and give three months for this (Article 22 of the UK). If the spouses have settled the conflict, the proceedings are stopped. In this case, any of the spouses can again file a claim, then the court returns to the consideration of the case and makes a decision.

If someone from a pair against, the plaintiff must describe in detail the reasons that forced him to go for divorce, tell why the marriage broke up, what exactly prevents it from being restored. The court, having studied the materials, decides whether it is possible for this couple to live together in the future.

Evidence in such a case may be the offenses committed by the party (cruel treatment, violence, insults):

witnesses (the plaintiff must petition to summon witnesses);

written evidence (certificates from the trauma center about beatings, police records) - they are attached to the case.

Divorce in any case will end with a positive decision. The only difference will be in terms. If both parties agree, then the divorce will be obtained at the first hearing, if there is no consent, several sessions will be held.

How to divide children and property

Such issues are considered in parallel with the divorce proceedings. During the process, one or both parties may demand from the court and (or) indicate with whom of the parents the child should remain subsequently, how and to whom the alimony will be paid.

If there is an agreement on such issues or the spouses want to resolve these issues later, in the claim they can write that they have no disputes or describe in detail to the court the essence of the agreements reached.

You can read more about the features of divorce with children in.

Reconciliation and refusal to dissolve the marriage

The defendant has the right to petition to postpone the case for a while in order to enable the husband and wife to save the family. The court is accommodating and usually gives a time limit for resolving the conflict (up to three months).

When the judge himself decides to resort to this procedure (the plaintiff, for example, does not speak very confidently at the hearings), then this period can be shortened only if both the plaintiff and the defendant apply to the court with this request.

Naturally, the conciliatory period is delaying the case. Even if the plaintiff considers such a procedure unnecessary, there is a positive moment for him: it will be more difficult to challenge the decision in the case in a higher court.

The plaintiff has the right to refuse to dissolve the marriage. It is valid until the court has retired to the deliberation room. The case ends with an amicable agreement, in which you can include the property.

Refusal of a claim does not mean that it will not be possible to dissolve the marriage later. If the spouses' relationship deteriorates, you can sue again. The divorce case is terminated (and the marriage, accordingly, is preserved) if, after the expiration of the time period that the judge has allocated for reconciliation, the plaintiff has not come to the hearing.

Terms of registration of a divorce

On average, a divorce process will require two to four court sessions (if any party is against termination). If the parties agree, the decision is usually made at the first meeting.

The minimum period for processing a divorce is a month and 11 days. If the decision came into force earlier than this deadline, it will be illegal.

The average registration time when the spouses agree to divorce is one and a half months and 1.5-3 months if someone does not agree, sometimes more than 3 months.

Circumstances that affect the processing time:

Family law norms (divorce is carried out no earlier than a month from the filing of a claim);

the norms of the Code of Civil Procedure of the Russian Federation (provide a period for appealing a court decision before entry into force);

the workload of the court and the degree of efficiency of the mail, which notifies the parties;

complaints about the illegality of judicial actions (may increase the processing time by another 2 months);

correction of errors and mistakes (increase the processing time by 1-3 weeks);

inaction of any party.

The cost of divorce through court

It is stipulated in the Tax Code of the Russian Federation (Article 333.19, clause 5). At the beginning of 2018, it is 650 rubles.

This amount is paid by both spouses if:

there is their consent to break the marriage, there are no children (minors), there are no property disputes;

divorce is carried out in court.

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 Federal law"On acts of civil status", a spouse can submit an application 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.

Grounds and procedure for dissolution of marriage

Dissolution of marriage - the onset of legal moments provided for by law, the termination of family legal relations. The Family Code of the Russian Federation is the legal act governing family relations.

The RF IC provides for two procedures for divorce: judicial and administrative.

In accordance with article 16 of the Family Code of the Russian Federation, there are grounds for divorce:

the death of one of the spouses or the declaration by the court of one of the spouses as deceased;

a statement of one of the spouses, a statement of the spouse's guardian, whom the court declared legally incompetent.

The administrative procedure for registering a divorce is carried out in the registry office. In the registry office, a marriage is dissolved in cases of mutual consent of the spouses, the absence of common minor children, at the request of one of the spouses, if the other spouse is recognized by the court as missing, incompetent, or sentenced to more than 3 years.

Divorce cases are considered in court in the following cases: the presence of common minor children, refusal to divorce one of the parties. Considering the case when one of the spouses does not agree to divorce, the court has the right to make a decision, refuse to satisfy the claim, and postpone the proceedings for up to 3 months. In court proceedings on divorce of spouses with common children, the court makes a decision without clarifying the motives.

Mutual consent of the spouses to divorce in the civil registry offices is made in writing. You can draw up one joint statement or 2 separate statements. A spouse who did not appear at the registry office to submit an application must notarize his signature on the application.

Legislatively established a period of 1 month, after which the state registration of divorce is made and a certificate is issued. During this month, the application can be withdrawn. If the application is not withdrawn, it is necessary to appear at the registry office with a passport, in which they will mark the divorce and issue a certificate.

The basis for divorce is also the desire of one of the spouses, if the court has declared the other missing, incapacitated, convicted. Recognition of a spouse as missing or incompetent occurs exclusively in court. If there is a court verdict on imprisonment for more than 3 years of one of the spouses, the other is given the right to dissolve the marriage under a simplified procedure.

Article 20 of the RF IC provides that all disputes related to the division of property, the maintenance of the children of a disabled spouse are considered in court.

Grounds for divorce in court:

the presence of common minor children;

refusal to divorce one of the spouses;

evading divorce

The court dissolves the union if it is established that living together is impossible. A statement of claim is submitted to the court. The applicant is the claimant. The husband does not have the right to file a claim in court without the consent of his wife during pregnancy and within a year after the birth of the child.

Divorce suit, drafting procedure. The claim must contain:

the name of the court or district of the magistrate to which the claim is filed;

name of the plaintiff, place of residence or representative;

name of the defendant, place of residence;

grounds for divorce;

requirements, circumstances, confirmation of circumstances;

reasons for the impossibility of divorce through the registry office;

list of attached documents.

Also, the application must indicate the following data: the place and date of marriage registration, the presence of children and their age, whether there are agreements on the maintenance of children, motives, information related to the case.

Documents required for the court:

marriage certificate (original);

birth certificates of children;

receipt of payment of state duty;

statement of claim;

residence certificate;

petitions, applications to the plaintiff, inventory of property.

The court must take measures to protect the rights and interests of minor children. There are responsibilities of parents to minor children. The agreements between the parents on the upbringing and maintenance of joint children are recorded in the court record. The protocol must be signed by the parties.

A characteristic feature of divorce cases is the reconciliation of spouses, the preservation of families with minor children.

If an agreement is not reached between the parents, the case from the magistrate is referred to a court of general jurisdiction. The court considers two main aspects: material and psychological.

Material determines the place of residence of children, the amount and procedure for the payment of alimony. Psychologically, it decides the question with whom the child should remain after the divorce - with the father or with the mother. Very often, children become the object of parents' speculation in order to gain advantages in the distribution of material wealth.

Stages of divorce proceedings

Article 39 of the Family Code provides for the right by which a court may derogate from the rule of equality of shares in the interests of dependents. At the stage of preparing the case for trial, the judge determines the circle of persons participating in the case; clarifies claims, objections; establishes facts relevant to the case; requires the necessary documents.

Divorce cases are carried out by the court no earlier than 1 month from the date of filing the application. Divorce proceedings are considered in open sessions. The Civil Code provides for the possibility of examining a case behind closed doors in order to preserve information of an intimate nature.

Children who have reached the age of 10 have the right to express their opinion regarding their interests, it can be heard during the trial. The child's opinion must be taken into account if it does not contradict his interests.

When dividing property, the main thing is to determine which property is to be divided. It is important to define the legal regime for the property of the spouses. There are two modes: legal and contractual. Under the contractual regime, the spouses entered into a marriage contract, in which the property is divided into separate and shared parts.

In a marriage contract, the right to maintain a disabled spouse, wife for the period of pregnancy, maternity leave, a needy spouse cannot be limited if he is caring for a child with a disabled person from childhood of group 1. A marriage contract cannot provide for conditions that contradict family law and infringe on the rights of one of the parties.

If the contract was not concluded, the property is divided according to the general rule jointly acquired during the union. Jointly acquired property can be divided into personal and common. Joint property includes movable and immovable property; income of husband and wife from labor, business, intellectual activity; pensions, benefits, payments that have no special purpose. Personal belongings are not shared. Luxury items, if not donated, will need to be shared.

If an item or thing cannot be divided, consider the following options:

transfer the object to one of the spouses, and the other pays compensation;

sell property, divide the funds received;

allocate shares, allow everyone to use their part.

In case of divorce, when making out questions on the division of property, the statute of limitations should be taken into account. The law establishes a period of 3 years from the date of the official divorce.

State registration of divorce

Article 25 of the RF IC provides that a marriage is considered dissolved from the moment of registration in the civil registration book. Divorced marriages are terminated from the moment the court decision enters into legal force. The court is obliged to send an extract from the court decision to the registry office at the place of registration of the marriage within 3 days. Spouses cannot enter into another marriage prior to receiving.

Divorce is a legal act that terminates the rights and obligations between spouses. The Family Code does not address the reasons for divorce, but provides for the grounds and procedure for terminating the marriage when one of the parties has objections.