The standard list of documents required for (application, passports, marriage certificate, receipt of payment of state duty) may expand depending on the circumstances. It adds documents on the birth of children, extracts on the composition of the family, documents on property (if it is considered simultaneously with the divorce).

• You should pay attention to what documents are submitted in originals, and which ones - in copies.
• In some cases, in addition to the list of these papers, the judges may require official documents or other evidence not specified in the list.

Divorce registration can be expedited and simplified by filing (vital statistics office) online. After divorce through the court, you can also get it by contacting the registry office through the online form.

Divorce types

Depending on the relationship between the spouses, whether they have agreement on the division of jointly acquired property and other factors, a divorce can be carried out in one of two ways - through the registry office and through the court. The latter also involves a visit to the registry office to register the court decision in the act book and obtain a divorce certificate.

• SK (Family Code) of the Russian Federation provides for divorce in a simplified form... If the husband and wife do not want to live together, do not have children, or their offspring have reached the age of 18, civil registry officials will accept applications from them (clause 1 of article 19 of the RF IC).
• One of the spouses can simplify the divorce even if the family has a common child, and the consent of the other half cannot be obtained. It is possible to dissolve a marriage through the registry office without confirmation of a spouse who is recognized as incompetent, missing or in prison (clause 2 of article 19 of the RF IC).
• In all other cases, you will have to file a claim and the required documents to court using a longer and more labor-intensive procedure. The circumstances compelling such actions will be the presence common children, disputes over their place of residence, lack of consent one of the couple for divorce or division of common property (art. 21, art. 22 of the RF IC).

If there are no disagreements between the spouses wishing to divorce and raising a child, the court will divorce them. quickly without asking the reasons(Article 23 of the RF IC).

Divorce documents through the registry office

The easiest way to formalize a divorce is if both parties want it and they have no children. The package of documents in this case is also minimal. After filing an application, a month will pass before the registry office employee makes an entry in the divorce record book.

List of documents

• , signed by husband and wife (form №8). The signature of one of the spouses is enough if the option of unilateral divorce provided for by law is used through the registry office (form No. 9). Ready-made forms can be obtained at the place of contact.
• Husband and wife passports.
• Original marriage certificate.
• A receipt showing payment.

If documents are submitted to the registry office after the divorce has taken place by a court decision, that is, to obtain a certificate of divorce, then an extract from the court decision must be attached.

Submission of documents

• It is necessary to deliver documents and sign personally... If, with the mutual consent of the couple to divorce, one of the spouses cannot be present at the filing of documents, he writes applications with a request to accept them and notarize him.
• If the second spouse is in a correctional institution, consent must be obtained from him, certified by the head of the prison.
• The online application service will help to simplify the divorce. One of the spouses registers on the State Services website, receives an activation code, fills out a form, specifies the details of all the necessary documents (passports, SNILS, marriage certificates), pays the state fee (also possible via the Internet). Then both spouses will have to appear at the registry office on a certain day and in their own hand sign a statement... Otherwise, it is considered null and void, and the divorce will not take place.

Divorce documents through court

The documents that must be provided to the court are divided into mandatory and those that may be required in a specific region. Before submitting an application, it is better for the interested party to clarify their list. In case of full mutual agreement on all issues, you should apply to the magistrate's court, divorce with its help will occur at least 40 days after the first appeal. If the spouses cannot agree, the documents must be submitted to the district court, and the paperwork can be delayed.

List of documents

• Statement of claim with a request to dissolve the marriage. It can be drawn up in a more formal form, if both spouses agree, or with a detailed indication of the reasons and circumstances, if the initiative comes from one of them. The latter is needed in order to convince the court to dissolve the marriage, because the judges will try to keep it.
• The originals of the civil passports of the spouses (or only the plaintiff, if the desire for divorce is not mutual).
• Copies of children's birth certificates (if there are children who have not reached the age of majority). They need to be certified by a notary office.
• A certificate of the composition of the family or an extract from the house book of the plaintiff (if the documents are submitted to the court at his place of residence) or the defendant (respectively). In some regions, it is not required. Sometimes it is necessary to provide extracts from the places of registration of both spouses, this point must be clarified directly in court.
• Original marriage certificate.
• Receipt for payment of the state fee. Its size will vary depending on the circumstances of the divorce.

If one of the spouses is unable to attend the trial, but is ready to divorce, you must attach his statement of consent.

Filing documents for divorce through the court

• A party wishing to divorce should file a statement of claim at the place of residence of the defendant.
• In some cases, it is allowed to appeal to the local court of the region (city, district), in which the initiator of the process is registered. Among them: living of common minor children with the plaintiff; a claim for the recovery of alimony simultaneously with the requirement for divorce; poor health of the applicant; the defendant's incapacity, recognition of him as missing or being in places of deprivation of liberty (if the term is 3 years or more).
• Magistrate's Court will consider the claim if both spouses are ready to divorce; they have an agreement with whom the children will live; the issue of the division of property is not being considered, or the division of property is supposed to be in the amount of 50 thousand rubles. It is imperative to comply with the totality of these conditions.
• In other cases, the case will be considered district court.
• You can submit documents to the secretariat not only in person, but also send by mail (then you need to certify the application with a notary) or pass it through a representative who has a power of attorney from the plaintiff for such actions.

Example

M. and N. got married after M. gave birth to a child from N. There was no information about the father on the baby's birth certificate. That is, it turns out that they have a common child, but formally they do not have joint minor children in marriage. M. wants to divorce and demand alimony from the child's father. In this case, you can do this. If the spouse agrees to a divorce, documents should be submitted to the registry office (joint application, present passports, bring the original marriage certificate). If he doesn't agree, you will have to go to court.

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Before filing a child support claim it is necessary. If the spouse does not object, then the corresponding general application is again submitted to the registry office. If he resists, paternity can be established by the court on the basis of genetic testing or other evidence. Establishment of paternity can be performed before the divorce (then the dissolution of the marriage will take place through the judicial authority) or after it (in this case, the divorce can be quickly done through the registry office).

Alimony can only be claimed after N. is recognized as the child's father. If the establishment of parenthood is carried out before the divorce, then a combined claim can be filed with the judicial authority - for divorce and alimony.

Conclusion

• Two instances can divorce spouses: a civil registry office or a court (magistrate or district).
• To dissolve a marriage through the registry office, you need a minimum of documents: passports, marriage certificate and a receipt for paid.
• When filing a claim with the court, the list of documents expands.
• You can quickly divorce through the courts, if the spouses have no mutual claims about the property and place of residence of the child. The judicial authority may request a written agreement governing the relationship between it and the parents.

Question answer

- I want to get a divorce. The wife has a marriage certificate, she does not give it. How do I get a duplicate? Where can I get the details for paying the fee? Where do I need to submit documents if the child is not mine? I don't live with my wife, she wants alimony for herself and for her son.
- provides for the dissolution of marriage by contacting the registry office, if the couple does not have joint children and both agree to a divorce. Apparently, you will not be able to use this option if your spouse does not make contact. You will still have to contact the registry office for a duplicate marriage certificate, it will not take much time and will not require large financial costs. Find out the details in court. Alimony for children is not allowed if the child is not yours according to the documents. If he is not yet three years old, you may still have to pay benefits to your wife (until her son turns 3).

- My husband took my documents (passport, certificates of the wedding and the birth of my daughter). How to file for divorce if he doesn't want to return them?
- Judging by the fact that you have a conflict situation and have a child, you will have to go to court to dissolve your marriage. But he will not accept the application without the documents you listed. Talk to your spouse, ask him to meet you halfway. Otherwise, you can write a statement to the police or the district police officer, but this can have a detrimental effect on your husband. You can do otherwise: get a duplicate of the marriage certificate (you should contact the registry office), write a statement about the loss of your passport and get a new one. The main thing is not to indicate as the reason for the loss the fact that the documents were taken away by the husband. To file a claim in court, you need a copy of the child's birth certificate. If you have it, you can do without the original.

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How to divorce your husband if you have children?

The presence in marriage of children who have not reached the age of majority significantly complicates the procedure for dissolving the family union, so a woman has to think about how to divorce her husband if there are children, while not infringing on the rights of the latter. According to the current legislation, the presence of a couple of a child who has not yet turned eighteen is the basis for the termination of the marriage in court, but in exceptional cases, the wife can file for a divorce through the registry office. It should be borne in mind that the procedure for terminating marital relations, if there are minor children in the marriage, has a number of features, which will be discussed below.

Dissolution of a spousal relationship with a husband if there are children: Procedure

The procedure for the dissolution of a marriage, if a couple has a child, does not give a woman a choice, since there are only several ways of divorce.

According to the law, a woman with a small child can apply to the registry office for divorce only in a certain situation, in other cases this issue is resolved only in court.

Which authority should you contact?

How to divorce and where to go to start a divorce proceedings with her husband, a woman with a child under eighteen years old? If she decided to dissolve the family union and wants to do it through the registry office, then she should take into account that such procedures can be carried out only in three cases:

1. if the husband is in prison and sentenced to more than three years;
2. if the spouse is incapacitated and his condition is confirmed by a court decision;
3. if the husband is missing.

In other cases, the marriage union can be terminated only through legal proceedings.

To file a divorce, you should file a statement of claim in court, adhering to the following rules:

• apply to the magistrate at the place of residence of the spouse;
• file a claim with a magistrate at the woman's place of residence if a child who has not reached the age of majority is with her or she cannot appear in a court of another region for her health condition;
• file a claim with the district court if the couple has any controversial issues regarding the residence and upbringing of a common child.

When a woman determines the option of divorce that is acceptable to her, she must file a claim in accordance with Articles No. 131 and No. 132 of the Code of Civil Procedure of the Russian Federation, attaching the necessary package of documents to it and applying to the court with them.

Documents for the procedure for dissolution of the marriage union

In order for the judge to accept the statement of claim and begin the divorce proceedings, in addition to the claim, the woman must submit the following documents submitted:

• a copy of the lawsuit for the husband;
• a copy of the marriage certificate;
• copy of your passport;
• documents for the child;
• a certificate of the child's place of residence;
• a receipt confirming payment of the state duty in the amount of 650 rubles.

All of the above documents should be sent by mail or given to the judge during a personal appointment.

Dissolution of Marital Relations: Timing of the Procedure

The number and duration of court hearings will depend on how the husband behaves. If he agrees to a divorce, and also does not raise any counter questions, then the couple will be divorced in a month. However, the husband can object to the claims of the wife and demand a period for the establishment of relations and the preservation of the marriage. In this case, the process can drag on for up to three months. If the deferral for reconciliation does not work, then the woman's claim will be satisfied and she will receive a divorce certificate.

If a claim for divorce is accompanied by a requirement for the division of property benefits in the amount of more than 50 thousand rubles, or there are disputes about the child, such a process will take about two months and will be considered only in the district court.

In addition to considering the claim itself, one should also take into account the time that the law allows for the entry into force of the decision on divorce. This period is one month after the court's approval of the divorce decision. If the husband decides to appeal the decision, then the term for the dissolution of family relations may drag on up to six months.

Do you need your spouse's consent to divorce?

The husband's consent to divorce is not required. However, if it does not exist, it will complicate and increase the time of the procedure itself. In the event of active opposition from the spouse to the dissolution of the marriage, his objections and non-appearance at the hearing may also delay the proceedings.

Spouse against divorce

The husband can express his disagreement with the divorce by challenging the wife's claim or by inaction, which consists in not appearing at court hearings. If the spouse objects to the wife's claim, the judge may extend the proceedings up to three months in order to provide an opportunity to preserve the family relationship.

However, in practice, the term for reconciliation is rarely given to spouses, especially if the couple has not lived together for a long time, and the common child lives with the mother. In this case, the husband's objections will simply be ignored, and the divorce will take place within a month.

If the spouse ignores the court hearings and does not appear at them, the case can be considered in his absence, and the decision is made in absentia, or its consideration can be postponed to another date, although this is done extremely rarely. By his direct or indirect refusal to dissolve the marriage, the husband can delay the process, but such behavior is unlikely to affect the court's decision.

The spouse agrees to the dissolution of the marriage

If the spouses have agreed and mutually decided to end their relationship, then the husband must give his wife his consent in writing. It is necessary so that she can present the document to the judge after the start of the divorce proceedings. In this case, the spouse may not attend the court sessions, the judge will issue his verdict without his presence.

Disputes concerning children

Often, children who have not reached the age of majority, born in marriage, become the cause of disputes arising in the case of parents' divorce, which are resolved in parallel with a claim for dissolution of family relations.

To avoid difficult questions regarding common children, they should be discussed with your spouse in advance. Before going to court, lawyers advise to conclude an agreement on children, which will greatly simplify, reduce and reduce its terms.

Depending on what topic the issue is at issue, a divorce suit may be considered:

1. Justice of the peace. You can apply to the magistrate if the dissolution of family relations is accompanied by the establishment of alimony.
2. By the District Court. A lawsuit must be filed with the district court if there is a dispute about the place of residence of the child, challenging the fact of paternity and appealing the order for alimony payments.

Alimony payments

Usually, the recovery of alimony is carried out after filing an application along with. After the court makes a decision, the woman can present it at the place of work of the ex-spouse or submit the document to the FSSP for enforcement.

The issue with the place of residence of the child

The place of residence of the common child after the dissolution of the marriage will be determined if the parents have not reached a common opinion on this issue. To solve this problem, the court will involve employees from the guardianship and guardianship authorities. It is they who will provide their opinion after talking with both parents and familiarizing themselves with their living conditions. This conclusion will also determine who the child will live with after the divorce.

The question of the procedure, place and timing of communication can be established both in the process of divorce by concluding an agreement, and after receiving a divorce certificate, if at the time of its holding these disagreements were not between the spouses.

In the course of the proceedings, if such disputes arise, the guardianship authorities and guardianship are involved in their solution to make a decision, which will be taken into account by the court when terminating the marriage relationship and determining the child's place of residence. The court will make a decision taking into account the interests of the baby himself, and in case of a serious conflict between the parents, the execution of this decision will be monitored by the guardianship authorities and the FSSP.

Divorce with two or more children

The amount of alimony payments that the court establishes as a percentage of the father's income, as well as questions regarding the order of communication with children, will depend on the number of common children of a married couple.

When considering the determination of the place of residence of children, the court is not tied to their total number, therefore it can divide them both between the parents and leave them all to one of them. The priority is always the desire of the child and the observance of all conditions concerning the residence and upbringing of each of them.

Divorce if the couple has a baby up to a year

According to article 17 of the RF IC, a husband has no right to file for divorce without the consent of his wife if she is pregnant or they have a common child under one year old. The decision on the dissolution of marital relations by the wife removes the above issues, however, the man in this case must decide with his wife about the place of residence of the baby, alimony payments and the division of property benefits.

Mutual agreement on these issues will speed up the divorce and allow both spouses to avoid problems during the proceedings.

Divorce if the couple has a baby under three years old

If the spouses have a common child under the age of 3 years, the divorce process is greatly simplified. But there are still some nuances that should be taken into account. According to article 89 of the RF IC, a husband and wife must financially support each other. Until the baby is three years old, the woman is on maternity leave and takes care of him, for this reason, the husband must provide for the child and the wife. If during this period of time they decide to terminate their relationship, then the spouse will have to make alimony payments not only for the child, but also for the wife, until the child turns three years old.

In the event that the child is recognized as disabled, the man will have to pay alimony payments for him and the spouse who takes care of him until the child reaches the age of majority.

If the court made a positive decision regarding the dissolution of the marriage, then the judicial act will be issued to them after 30 days after the decision was made. After receiving this decision, you will need to contact the registry office, pay the state fee of 650 rubles and submit an application for registration of termination of relations based on a court decision. After reviewing the documents, the former spouses will be issued a divorce certificate and they will receive the status of free people, open to new relationships.

Outcomes

Dissolution of the marriage union when the spouses have common children is the most difficult type of divorce proceedings.

A woman who decides to end a relationship with her spouse is faced with many difficulties presented:

• collection of child support payments;
• a dispute about the joint residence of the child with the father at the request of the latter;
• the establishment of the order of communication and upbringing of the baby by the ex-husband;
• drawing up a statement of claim with the requirements listed above;
• the emotional side of the issue.

In order to facilitate the divorce process and not make any mistakes, it is best to seek the help of an experienced lawyer who will help solve the problematic issue with the least loss for the woman.

Last changes

In 2019, there are no significant changes in legislation on this issue. Our experts monitor all changes in legislation in order to provide you with reliable information.

If you are looking to file for divorce in 2019, proper paperwork will help speed up the process.

A situation may arise when both spouses cannot come to the registry office at the same time. In this case, you can draw up two separate statements and certify them with a notary.

If each of the spouses is ready to divorce, then the list of documents will be as follows:

• An application that can be obtained from the registry office employees, or can be printed on our website;
• Citizen's passport, international passport, you can bring a copy certified by a notary. Moreover, the passports will be checked by the husband and wife;
• The marriage registration certificate that you received after the wedding;
• A receipt stating that you paid the state duty at the Savings Bank.

After the application is submitted, the registry office employee will put a mark of acceptance on it and ask you to come again in 30 days. This period is given in case you change your mind about divorce. During these 30 days, the application can be collected.

Remember that only couples who fulfill the conditions can submit such an application:

• The spouses do not have common or adopted children under the age of 18. If there is a child, then only the court can divorce;
• There is no dispute about the division of common property, you must divide everything peacefully on your own;
• The marriage is dissolved at the registry office if the husband or wife is incapacitated;
• If a husband or wife is in prison or will be serving a sentence in prison for more than 3 years, you will also have to go to the registry office.

To get a divorce in a registry office, very few documents are required. The marriage certificate that you received after your wedding will be enough. You will also need the application itself to the registry office on behalf of both spouses.

There are three types of it, choose the one that suits your situation:

You need to fill in the following order:

• In the upper left and right corner, the registry office staff must put down the date and registration number, you do not need to touch these lines.
• But the lower lines in the upper right corner are already filled in by the spouses, the registry office where you will go to get divorced, as well as the name of the husband and wife, fits here.
• In the first paragraph, you must write the last name, first name and patronymic.
• In item 2, indicate your date of birth.
• In the third, fill in the place of birth that is printed on your passports.
• In the fourth paragraph, you need to indicate citizenship.
• The fifth point is filled in at will, here you can specify the nationality. If you don't want to, then just put a dash on the whole line.
• In the sixth paragraph, write your place of residence, do not forget to indicate the city, street, house number and apartment.
• In paragraph 7, indicate the data of your passports, series, number and department code. Complete all sections very carefully, they will be checked.
• Do not touch the eighth point, the registry office workers will prompt,
  what data to enter into it.
• There will be two lines at the bottom, in them you need to indicate the names,
  who want to leave their husband and wife after a divorce.
• And in the very last line, put your signatures with the decryption.

It can be drawn up in any form or use. Samples of applications you can ask for from the registry office.

A situation may arise that you have lost your marriage certificate. Without it, you won't be able to file for divorce. But do not despair, in the registry office you can always request a duplicate. It is better to contact the registry office where you registered the marriage, then you will be able to issue a duplicate on the day of contact.

In 2019, for a divorce, you need: receipts for payment of the state duty for 650 rubles, an application for divorce, a copy of your passport. You need to contact the registry office. But remember, if the divorce is in the registry office, then each of the spouses must pay the state fee, you need to submit an application together. And if a statement of claim is filed with the magistrate's court (if there are minor children or disputes over the division of property and debts), then only the plaintiff pays 600 rubles.

Any of the spouses can request a duplicate. Only in this situation does a new problem arise. If one of the spouses does not want to divorce voluntarily, you will not be able to contact the registry office. You will have to go to court, write a statement of claim, collect other documents.

Divorce documents through court

If your couple has minor children, you need to go to court. Everything is not so simple here, so read our recommendations very carefully.

1. The most important thing that you must do: correctly and competently draw up a statement of claim. In it, you need to describe in detail the circumstances and reasons for the divorce. You must also indicate all children from marriage and other circumstances.
2. Since the court will definitely ask questions about children, it is necessary to attach copies of the child's birth certificate.
3. You will definitely need a marriage certificate. Be sure to attach some copies.
4. If possible, ask for documents proving the place of residence of the defendant (second spouse). This may be a certificate from the HOA.
5. Be sure to pay the state fee, now it is equal to 650 rubles. The easiest way to do this is at the nearest branch of the Savings Bank. Attach the received check with a paper clip or stapler to the statement of claim. Without paying the state fee, the court will not even accept your documents.
6. If you cannot or do not want to participate in the court yourself, seek help from a specialist, lawyer or attorney. Then you will need another power of attorney for this person. The power of attorney can be made at any notary.

But this is not all the documents. If you have property, the court may ask you to submit a property division agreement. Therefore, be prepared that the court may request other documents as well.

Questions and answers

Marina
I really want to file for divorce from my husband, we have a 2-year-old son. The husband has been treating me badly lately, and the child too. Only now he threatens that he will not give me any divorce, and he also wants to take away the child. Tell me, how can I get a divorce without my husband's consent? What documents are needed? Can he pick up the child?

Answer
You do not need your husband's consent for a divorce if you go to court. You will need to prepare a statement of claim and the entire set of documents that we described in the article. The court tries to keep the child with the mother in such situations.

Vladimir
I want to divorce my wife, but I am constantly busy at work. I turned to a lawyer, made a power of attorney in his name, brought the documents that he asked for. Can he now write everything out of my participation, go to court, communicate with his wife on the issue of divorce? Will my presence be needed somewhere, since I often have business trips?

Answer
A lawyer can now fully handle your case, without your participation. He himself will draw up all the documents, he will go to court and communicate with his wife.

Oleg
How much does a divorce cost?

Answer
For a divorce, you need to pay a state fee in the amount of 650 rubles.

Oksana
My husband disappeared 2 years ago. The police gave a document that he was considered missing. Tell me, where do I need to apply for a divorce and what documents should I prepare?

Answer
First you need to go to court to recognize your husband as missing. After you receive a decision, you will need to write a statement to the registry office for divorce.

Andrey
I wanted to file an application for divorce from my wife. They said that it is necessary to indicate the address of residence of the spouse, and it is advisable to bring an extract from the house book. I said that my wife is not registered anywhere, she lives in her mother's apartment. What should I do in this situation?

Answer
In the statement of claim, indicate your last known place of residence. You can also indicate that she is not registered anywhere and indicate the address of her actual residence, that is, her mother's apartment.

Nikolay
Divorced my wife 3 months ago, she did not file for alimony. But I myself want to pay the child for the kindergarten, food, toys. Give money for various mugs so that he develops and does not need anything. Well, so that later there would be no complaints from my wife either. At first I gave her money directly into her hands, asked her to give me some receipt that she had received the money. She refuses to sign anything. Tell me, how can I pay the expenses, what would be some kind of confirmation?

Answer
You can make a postal order in her name with a note. You can also make payments through the bank to her card or current account, indicating the purpose of the payment. Be sure to keep all receipts.

Daria
I am 25 years old, I want to divorce my husband. There is a daughter, age 6 years old. After the divorce, I want to go with my child to live in Spain, but my husband is against us moving. He agrees to divorce. He also pays the expenses for the child, tell me what can I do?

Answer
You can apply for divorce in court. To move to a permanent place of residence in another country, you will definitely need to obtain the consent of your husband. If he does not give his consent voluntarily, he will also have to go to court on this issue.

Marina
My husband is disabled, we have not lived together for several years. I am raising two children alone. Tell me what documents need to be filed for divorce? Can I claim child support?

Answer
Go to court with a statement of claim. You also have the right to file alimony.

Vladimir
We have not lived with my wife for 3 years already. Both are now living in France, and the marriage was concluded in Russia. We also want to get a divorce in Russia, but there is no way to come. Tell me, something can be done in our situation?

Answer
The easiest option would be to contact a law firm or a lawyer. Make powers of attorney and send them by express mail to lawyers. Then, on your behalf, they will apply to the registry office or the court and help to dissolve the marriage.

Svetlana
I want to file for divorce, my wife says she doesn't mind either. We have a daughter of 4 years old. All wedding documents, including the marriage certificate, are in the apartment where the wife lives. She does not want to give this certificate to me, she says that I will steal it. And I need it to go to court. The wife herself is not going to file a claim in court either. Tell me, is there anything you can do?

Answer
You will need to go to court yourself, since you have children under 18 years of age. If the wife does not want to give the marriage certificate, contact the registry office and get a duplicate there. It only takes a few hours.

Tatyana
My husband wants to divorce, we have two children from marriage. The girl is 5 years old, the boy is 6 months old. Also during the marriage, we purchased 2 cars and an apartment. The husband pays the expenses for the children, in the kindergarten, pays for the nanny, does not refuse to reimburse these expenses further. My husband says that he has no time to deal with the preparation of all these documents, he wants me to do everything. Tell me what I need to compose? I would also like the order for communication with children to be defined. I want him to take the children to his place for 3 weeks, and I could go to rest. Please tell us about these moments.

Answer
In your situation, you only need to go to court, since you have minor children. In addition, you have a child under one year old. In such a situation, only the mother can apply. Since you have two children, you can indicate in the statement of claim that you are asking to recover from your husband 1/3 of his salary in order to pay alimony. You can also prepare an agreement in writing, which describes the procedure for payment of various expenses. This agreement must be notarized. The same applies to the order of communication. Talk to your husband about the times, days, and procedures for interacting with the children. You can even prescribe the exact hours, for example, on Monday, Wednesday, Friday from 18 to 22 hours, as well as 3 weeks in June. Please attach this document to your statement of claim.

Oksana
Signed with my husband eight months after the birth of the child. We do not live together for a month. Not interested in the child. The child is not registered for it. In the column, the father is a different person. I want to file for divorce. We can get a divorce through the registry office and does he have any rights to the child?

Answer
You can get a divorce through the registry office. Article 21 of the Family Code of the Russian Federation says that divorce is carried out in court if the spouses have common minor children. If your child is registered with another man, then it is not common. If your husband is completely against divorce, then you will have to go to court.

Divorce from her husband is a process that, of course, not everyone will like. The issue of the division of property is an even bigger headache. How can we solve this serious and complex problem?

The reasons for divorce from your husband can be different ...

However, divorce is not so bad. The main problem is the division of jointly acquired property.

The services of a lawyer are required

When it comes to divorce, it is imperative for the plaintiff to seek the help of a qualified lawyer. This will help solve many problems. Do not think that divorce from your husband is too easy. Documents, court hearings, nerves ...

To open a case in court, you will need a statement of divorce and a copy of it, a receipt for payment of the state duty, certificates of marriage and birth of children, a passport, and TIN.

Any woman can decide for herself how to survive a divorce from her husband. But it is advisable to divide the property, relying on the strong and reliable shoulder of a professional. A good lawyer will certainly advise his client on all issues related to the topic of divorce. Do not forget that only the property jointly acquired by the spouses is shared.

You can do without a court, but not always

The help of a lawyer, however, is not always needed. However, most often divorce from her husband, division of property does not go smoothly. The spouses refuse to share voluntarily. Accordingly, divorce from her husband through court is a common thing for lawyers.

The most important thing is not to be mistaken in choosing an experienced lawyer who will represent the interests of the spouses. A real professional will take into account all their interests, will try to make sure that both parties reach the maximum compromise.

If the spouses nevertheless agree to a voluntary division of property, they must draw up a written agreement certified by a notary. All the terms of the agreement must be agreed in advance. In the absence of an agreement, a court decision is required.

Statement of claim

So, how to file a divorce taking into account the division of property? First, you need to make a list of jointly acquired property. As a rule, spouses share houses, apartments, land, funds spent on paying off loans or purchasing a car, etc.

If all the formalities are met, the application cannot be returned and does not remain motionless, the divorce from the husband is considered within the terms specified in the agenda. The court proposes to the defendant to bring its objections to the claim. The timing of the consideration of the case may depend on a wide variety of factors, so it is impossible to determine them in advance.

Tasks of a lawyer

A good lawyer knows how to file a divorce with a division of property and defend the position of his client. Its main task is to collect and provide all kinds of evidence (in the interests of the plaintiff) at court sessions, written and oral argumentation, taking into account the current legislation.

The presence of doubts about the impartiality and objectivity of the judge will require such conduct of the case, which will make it possible to appeal the decision in the cassation or appeal instances.

Sometimes the relationship of the spouses is so spoiled that they simply cannot calmly talk to each other. How to survive a divorce from your husband, how to resolve the issue of division of property in this case, should also be suggested by a good lawyer. Perhaps he will have to negotiate with both parties in order to conclude an amicable agreement, which will help avoid litigation, save money and time for both husband and wife.

And if there is a child? ..

Divorce from a husband, the cost of which is negotiated with a lawyer, can get a little more complicated if the spouses have minor children. Although, it may be the other way around. A settlement agreement on the division of jointly acquired property may contain an agreement on the transfer of part of it to that of the spouses with whom the child will live. That is, this part will be the so-called advance payment of alimony. The notary-certified agreement indicates the period during which they will not be paid.

Try to respect the interests of both parties!

There must always be balance in everything. This also applies to the division of property. In this case, it is necessary to observe not only the laws, but also to the maximum and the interests of each of the spouses.

The number of divorces today corresponds to the number of registered marriages. This happens in almost all countries. The reasons for divorce from her husband may be different, but their traditional companions are the same! These are the problems of children, or those that are formed on the basis of property.

Children and spouses are primarily guarded by the Civil, Family and Housing Codes. It is they who regulate the most important issues related to jointly acquired property, its disposal, common use after a divorce, protection of rights in the division of property and agreements on the settlement of obligations of a marriage contract, alimony, etc.

More about the housing issue

As a rule, the first place in solving this problem is the question of living space. The question of how to file a divorce when the spouses are to divide the house or apartment must also be coordinated with a lawyer.

So, the general rule is: if real estate is purchased for common funds during marriage, it is divided between both parties in equal shares. In this case, the husband and wife can use the apartment or house at the same time (for example, when renting out); sell by dividing the proceeds; reimburse your spouse for half of the cost of housing.

However, there are some exceptions. Firstly, the home can belong to a third party (mainly the parents of one of the spouses). Of course, such an apartment will not be shared.

If the dwelling was already the property of one of the spouses even before the marriage, it is his personal property. However, the other half may, in some cases, sue for part of this apartment or house. This happens if during the time of cohabitation the second of the spouses provided all possible assistance in the maintenance of housing, caring for it, improvement at the expense of their money and labor investments.

In order to protect himself from such cases, the owner of the living space is recommended to conclude a marriage contract before the wedding.

At least the one of the spouses who moved into the apartment will be obliged to release it. Payment of monetary compensation or its absence is a decision agreed with the lawyer and both parties.

If the apartment after the marriage was taken on credit, the divorce from the husband implies the division of payments in equal shares made during the time of cohabitation from the moment of registration at the registry office. In the absence of the consent of one of the spouses, the court makes a decision based on all the circumstances of the cost of the initial payment and subsequent payments.

What is done with the land?

Another topical issue is the issue of the land plot. If it was privatized by one of the spouses during marriage, it can be divided in half.

However, the situation turns out to be a little “dishonest and unfair”. Still, some of the spouses have already managed to use their right to privatization, while others have it left “untouched”.

In this case, it is necessary to go to court, providing all the existing evidence that the privatized land to one of the parties is personal property, which simply cannot be divided. Although this position is rather shaky, so in such a situation, you will again need a very good lawyer.

Family business is a common concept

Division of property is not only division of housing or land. Often, the family business problem is also brought to court in case of divorce.

If the contribution to the statutory fund of the company was formed by the spouses together, but formally only one party owns a certain share, when the property is divided, the second can claim half of the corporate rights of the spouse in this organization. Accordingly, the husband or wife becomes a member of the firm.

However, judicial practice in this matter can be quite varied. To begin with, the court, when making such a decision, must establish whether the consent of the other participants is necessary for the inclusion of the plaintiff's spouse in their composition. In this case, the case will be considered much longer.

If the acquisition of a certain part of the corporate rights, as the alienation of a part of the share, does not require the consent of the other participants, it will be a little easier for the applicant's spouse and his lawyer.

It is worth noting the fact that not only the division of property and divorce from the husband is a very important factor. The cost of the services of an experienced lawyer is of interest to every married couple who find themselves in a similar situation. Of course, it can hesitate depending on how the business is being conducted. The solution to this problem in a standard situation will be, for example, about six thousand rubles, when preparing the evidence base - about eighteen thousand, and in especially difficult situations - more than thirty-six thousand.

Knowing all these nuances, you don't have to worry a bit about how to survive a divorce from your husband and the division of property.

The main thing is to get yourself morally right and turn to a good lawyer! Today there are many law firms where you can find the ideal assistant in litigation. It is just best to pay attention to already well-proven specialists.

5% of the articles allocated in 2 chapters are devoted to the issue of divorce in the Family Code, in addition, there are many nuances in each individual case, so I cannot fully disclose this topic. Mine is just to give a short guide, by which only the main points can be identified. For more information, it is advisable to read the code itself or seek legal advice.
A marriage can cease to exist for various reasons, all of which are specified in the Family Code. I will tell the readers of MirSovetov only about one of them: dissolution of marriage by application, which may come from one of the spouses or both at the same time. The divorce procedure can be carried out either by the registry office staff, or in court.
Let's start with a faster and simpler procedure, it is called administrative and is carried out by the registry office. This is possible for spouses who do not have joint minor children and with their mutual consent. The spouses submit a joint application (or one writes it, and the other signs it outside the registry office and notarizes his signature). When submitting an application, you will need to provide a marriage certificate, an identity document (passport), a receipt for payment of state duty. After the expiration of the due period of one month, you come to the registry office and receive a divorce certificate, after confirming your intention to divorce, and in your passport there will be a mark “the marriage has been dissolved ...”. This is all over, but keep in mind that if you need to divide the jointly acquired property, you should go to court if you did not have a marriage contract and you cannot resolve this issue on your own.
The second method - divorce through court - is more complicated, if only because it applies to spouses who have joint children, and it is also applicable in case of refusal or evasion of one of the spouses from divorce. It is important to know that before the child reaches the age of one year, without the consent of the mother, the marriage cannot be dissolved, even through a court.

Things to consider when applying

It makes no sense to go into details if we are talking about disagreement or evasion of one of the spouses (if he does not appear in court, it will simply take time, and at the third court session the marriage will be dissolved without his consent). But for those who have children, it is worth thinking not only about the registration of a divorce, but also about their future life.
Together with the application for divorce, immediately prepare and submit about, if necessary, and be sure to raise questions about who the children will live with, who and in what part will pay child support. This should not be postponed until later, as a second appeal to the court will lead to additional loss of time, nerves and money. Collection is a separate topic, so I will not go into the details of this issue. But I would like to note that by completely abandoning his decision, you can harm the child in the future, not to mention that you will deprive him of additional opportunities to which he has every right, receiving material support from the second parent until the onset of majority.

Who pays the state fee for divorce

In order for your application to be accepted for consideration, you must pay the state duty, in what amount to pay it, the registry office staff will tell you. According to the law, if the dissolution of a marriage occurs by mutual agreement of the parties, as well as when, the state duty is levied from both spouses in the amount of 400 rubles from each. In the event that one of the spouses, by a court decision, is recognized as missing, incapacitated or sentenced to more than three years, the state duty is collected only from the spouse who applied for divorce, in the amount of 200 rubles.

We go to court

After all the documents have been collected and 1 month has passed from the date of submission of the application, a court session will take place about the place, date and time of which you will be informed by a summons. During the court session, you will be asked questions of such a nature as: what caused the discord, who is to blame for it, and whether there are ways of reconciliation. Based on the answers to them, the court will decide to dissolve the marriage immediately or give time to think. Also, if you have made claims for the division of property and the establishment of alimony obligations, these issues will also be resolved.
I want to note for the readers of MirSovetov that you can independently draw up agreements on the division of property, about who the children will live with after the divorce, and, if necessary, the procedure for meeting the second parent with them, and submit to the judge during the process for approval and giving them legal status ... The court will review your agreements and, if they do not contradict the interests of one of the parties or the children, it will approve them or make its own amendments, which you will be warned about.
To resolve the issue of establishing the amount of alimony, it will be necessary to submit a certificate of income to the court of the spouse who will be responsible for. In addition to alimony for the maintenance of children, the question of the maintenance of an adult may also be raised, for example, if a woman is on parental leave or did not work during marriage in order to manage the household.
After considering the case, the court makes a decision, which can be one of the following:
- dissolve the marriage;
- refuse to satisfy the claim;
- to postpone the proceedings and set a time limit for reconciliation of the spouses (and if the spouses reconcile after this period, close the case).
The court introduces the decision in the case to the interested parties approximately one hour after the hearing. If a decision is made to dissolve the marriage, then after its entry into legal force, and this happens after 10 days, the court sends a decree to the registry office, on the basis of which a certificate of divorce will be prepared and issued. Accordingly, if you do not agree with the decision, then within 10 days you have the right to file a claim for its cancellation and a new consideration of the case.

We receive divorce documents

To obtain a divorce document from the registry office, you will need to provide a court decision and your passport, each of the spouses receives his divorce certificate at the place of residence or at the place of marriage registration. This document will say: between whom the marriage was dissolved, what surname was you, the recipient of the document, during the marriage and after its dissolution, the grounds for the termination of the marriage, the date of dissolution, the date of issue of the certificate, the number of the record of the dissolution.
I would like to draw your attention to the marriage certificate, which was issued in only one copy at one time. It is not withdrawn, but simply repaid, and a woman may need it in the future, this is due to the registration or dissolution of marriage, and there may well be situations when you need confirmation that “you are in the past” is the same person as “you are in the present ". For example, I came across this when it seemed to be a very simple question - registering a child at the place of residence. This process, in the absence of a marriage certificate, which had long been dissolved, dragged on for us for 3 months instead of the prescribed 10 days. Also save for your case, if necessary, they can be restored by submitting a request to the archive of the court in which the case was considered, but this will take some time.

Life goes on

The divorce is over, you have in your hands all the documents confirming the new social status "divorced", and life does not stand still, it still moves forward, sometimes too rapidly dragging us into the maelstrom of all new events. I advise you not to plunge into the abyss of thoughts for a long time about why everything turned out this way and not otherwise. Maybe this is fate, maybe you met the wrong person, or maybe you were simply not ready for family life, all this is already "past", and you have a long and happy future ahead of you, which is worth thinking about, dreaming about and setting appropriate goals.