What you need to file for divorce. Divorce from a convicted spouse. How to divorce a husband or wife: a property issue

09.07.2019

They say that a family is a job. If the work is done poorly, it leads to divorce. Most often, the reason is banal - they did not agree with the characters. Often spouses try to maintain a relationship, but if divorce cannot be avoided, families with small children will have to divorce in court.

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How do I apply?

Both spouses must apply for divorce. Divorce is also possible at the request of one of the spouses, if the other has lost his legal capacity or received a prison term of more than three years. In this case, the opinion of this spouse is not taken into account.

The Family Code of the Russian Federation regulates the right of every married citizen to file an application for its dissolution.

What documents do you need to have?

The application is submitted together with the following package of necessary documents:

Marriage certificate;
birth certificates of children;
an agreement that determines with whom the children will remain after the divorce (if any);
a claim for the division of existing property (optional);
check for payment of the state fee;
power of attorney (provided if the spouses have resorted to the services of a lawyer).

Arbitrage practice

The court session will take place one month after the application was filed, Not earlier. During the hearing, the spouses will need to answer a number of questions, the answers to which the court will take into account when making a decision.

One of the following decisions can be taken by the court:

to divorce spouses;
leave the claim unsatisfied;
rehearing.

During the trial, the court will decide with whom will the children stay after the divorce... In this matter, the court takes into account:

the opinion of children who have reached the age of ten (children under ten most often stay with their mother);
the wishes of the parents;
age of parents, their state of health, propensity to use alcohol and drugs, addiction to gambling, mental state;
material security of both parents, living conditions, place of work;
other components.

With whom the children will live after the divorce does not necessarily have to be decided by the court. Parents have the right to make such a decision themselves. and confirm it with the appropriate agreement. The agreement should read:

with whom the children will live;
the time at which the other parent will see the child;
the amount of alimony that will be paid for the child.

The agreement can be concluded orally, but it will be much better if the spouses conclude it in writing and notarized. The main criterion for the agreement is the need to prescribe conditions for each child.

If the decision on the issue of residence is decided by the court, it will be established how many hours per week and on whose territory the second spouse will be able to see the children.

If one of the parents solves the problem, how to divorce your husband (or wife) and keep the child for yourself, then he must provide the court with the following data:

a certificate from the guardianship authorities confirming that appropriate conditions have been created for the life of children;
income statement;
a recommendation from the place of work;
confirmation that the children will not be left alone during his absence (stay at work);
evidence that it will be better for the children to stay with him.

Divorce during pregnancy of a wife or raising children under one year in a family

According to the regulations of Art. 17 of the Family Code of the Russian Federation, a husband does not have the right to apply for divorce if his wife is pregnant or the family has children under one year old.

If, in such circumstances, both spouses show a desire to divorce, the divorce can be formalized with the birth of a child. A number of documents will need to be submitted to the court:

decision on the child's residence;
alimony agreement;
agreement on the division of existing property.

In the process of hearing such cases the court can make the following decisions:

refuse to divorce if the pregnant wife does not consent; if the child is born, but he is not yet a year old, and the mother does not agree to a divorce;
reject the claim in case of its incorrect preparation;
postpone the hearing for no more than a month.

How to get a divorce if the family brings up children under three years old or children with disabilities?

Article 89 of the Family Code of the Russian Federation regulates that in the event of a divorce of a family in which children under three years of age are raised, the former spouse will be obliged to pay alimony both to the child and to the ex-wife on maternity leave.

If the child is disabled from birth, the father will have to pay alimony until he comes of age.

Divorce in a family with two or more children

The procedure for the divorce proceedings for families with two or more children is similar to the procedure for the divorce of a family with one child. The only difference is in the order of the alimony calculation.

According to the regulations of Article 81 and Article 83 of the Family Code of the Russian Federation Alimony is assigned according to the following scheme:

a parent must pay one fourth of their income for one child;
the amount of the payment is one third of the income;
for three children or more - half of the total income.

Government Decree No. 841 of 18.07.1996 determines sources of income from which the parent will have to deduct child support:

wage;
payments accrued for additional hours worked;
all additional payments and allowances provided by the legislation;
accrued vacation pay;
income from entrepreneurship;
amounts received on the basis of the conclusion of contracts;
scholarships;
all types of benefits;
awards;
pensions.

If the parent does not have a steady stream of money, the amount of alimony will be determined as constant... In the event that the spouses make the decision to pay alimony independently, they can agree that a part will be paid in a specified amount, and a part as a percentage of income.

If the parent belongs to the category of low-income citizens, he has the right to reduce the amount of alimony in court.

The decision made by the court to dissolve the marriage takes effect 10 days after its adoption. If the spouse (the defendant in the case) does not agree with the decision of the court, he must file a claim for reconsideration within this time.

Division of property in the presence of children

Clause 4 of Article 60 of the Family Code of the Russian Federation regulates that the presence of children in the family does not affect the spouses during the divorce proceedings. children cannot claim their parents' property, and parents cannot claim property rightfully belonging to their children.

However, paragraph 2 of Article 39 of the Family Code of the Russian Federation provides for the right of the court to disregard the equal rights of spouses to property in order to comply with the interests of minor children. The regulations of this paragraph of the Family Code are not mandatory, whether or not the court decides to take it into account or not. In the event that this paragraph is taken into account, children will not receive ownership of the property.

Let's consider a specific example

A married couple raising a minor child and having an apartment bought on equal mortgage terms is getting divorced. Only the spouse is registered in the apartment, his wife and child are registered in another city. In this case, the divorce proceedings will take place in court.

The property acquired by the spouses jointly will be divided. A bank representative will be involved in the division of the apartment, since the mortgage has not yet been paid and the apartment is pledged by the bank.

The court can award each of the spouses half an apartment, subject to the consent of both of them to continue to repay the loan. The court has the right to award a share of the apartment in excess of 50% that of the spouses with whom the child will live after the divorce.

If one of the spouses wishes to give up his share, and the other is ready to take on the obligation to pay his share of the mortgage, the court may make an appropriate decision in favor of the spouses.

Child's surname after divorce

The law of the Russian Federation does not prohibit changing the surname of a child after the dissolution of the marriage by his parents. A parent who decides to change the child's surname must get the consent of your former spouse.

To obtain permission to change the child's last name, parents must sign an appropriate agreement confirming their mutual consent to this, and certify him at the notary's office... The agreement is submitted to the guardianship authorities along with the corresponding application and the following documents:

passports or other documents allowing to establish the identity of both parents;
divorce certificates;
birth certificate of a child;
an extract from the house management with data on the child's registration.

Parents can independently change the surname of a child under the age of ten. Children who are already 10 years old at the time of the surname change have the right to agree or disagree with the parents' decision. Guardianship authorities in this case must take into account the interests of the child. Parents no longer have the right to change the surname of children at the age of 14.

If the guardianship authorities have made a positive decision, the parents will be issued a document for submission to the local registry office. The document is submitted together with the corresponding application, on the basis of which the child's surname will be changed within thirty days.

It is possible to change the surname of a child at the request of only one of the spouses for a number of reasons.:

the surname is changed for the sake of providing more comfortable living conditions for the child;
the second parent has lost legal capacity (must be confirmed by the necessary documents and a court decision);
the former spouse has been deprived of parental rights;
the second parent was declared missing by the court.

A parent who decides to change the child's surname will have to apply to the guardianship authorities with a statement and copies of the court decision.

There are cases when the second parent, who has not lost his legal capacity and has not been declared missing, does not comply with the alimony agreement, does not show a desire to take part in raising the child, or behaves inappropriately with the child. With this behavior of the parent, the guardianship authorities can give the second permission to change the child's surname, without requiring compliance with the above conditions.

Read more about changing a child's surname without the consent of the father.

As a result

Divorces of families with minor children are committed in court. If during a divorce the spouses decide amicably about accommodation, further upbringing, child support, alimony payment, division of joint property and the names of the children, the court takes their decision into account.

In cases of disagreement between the spouses on one or more of the above issues, the court decides on them.

If the decision to divorce is ripe, the first step towards it will be the preparation and filing of an application for divorce. With mutual consent, it is served by both spouses, and in the absence of consent, the declaring party will be considered the claimant. In this case, in the general case, the application can be of one of two types:

Samples of judicial divorce applications are often posted in courts. Based on these, it is recommended to prepare your individual statement with a description of the reasons and other individual information. At the same time, documents are submitted to the registry office according to a unified form approved by the Decree of the Government of the Russian Federation of October 31, 1998, No. 1274 "On the approval of the forms of applications for state registration of acts of civil status ...".

How to file for divorce?

Two bodies are authorized to make a divorce in the Russian Federation: the registry office (an abbreviation for "civil registration") and the court. In the first case, divorce will take place with less time and nerves. The second option is implied if the couple has minor children or the spouses cannot agree on the conditions for dividing common property and on other issues (in other words, if they are not legally allowed to get divorced in the registry office).

If the parties maintain a relationship that allows them to agree, no irreconcilable disputes arise, the couple has no minor offspring, she can divorce in a simple and civilized way by submitting an application to the registry office (clause 1 of article 19 of the Family Code (SK) of the Russian Federation). It is signed by the husband and wife and is confirmation mutual consent to divorce.
It will be necessary to dissolve the marriage through the court if the couple has children who have not reached the age of majority, one of the spouses opposes divorce or evades the campaign with an application to the registry office (Article 21 of the RF IC). As part of a lawsuit for divorce, the judges may consider the issue of paying alimony for the needy, the place of residence of common children.
Even if a couple has a child or several, and only one spouse wants to divorce, in some cases he can do this through the registry office. According to paragraph 2 of Art. 19 of the RF IC, we will implement a divorce in this way, if the second partner incapacitated, in custody or missing.

For citizens living abroad, the powers of an employee of the registry office in accepting an application and registering a divorce can be performed consular officer... However, it is not endowed with the functions of the judiciary.

Example. The spouse will not be considered missing until the court recognizes it. If he has disappeared in an unknown direction, does not live with his family, does not submit news about himself, before submitting an application, it is worth making inquiries about him at his last known place of residence, interviewing relatives and friends. Then there is an alternative: either submit an application to the judicial authority to declare him missing, and then with this decision go to the registry office to get divorced. Or immediately go to court with an application for divorce at the last known place of registration of the spouse. The lawsuit should indicate that the whereabouts of her husband are unknown. The court will go to the passport office at the spouse's known address to verify the information.

Application for divorce at the registry office

You can declare your desire to divorce by submitting an application to the nearest registry office. The document is prepared in duplicate. It does not ask for reasons why people are getting divorced. In its filing must be involved both spouses, consenting to divorce, or one, if unilateral divorce through the registry office is permissible.

Preparation of a statement implies writing it according to an established pattern. Copies of passports, marriage certificates, as well as a receipt of payment in original are attached to this document. The latter is paid by both spouses in case of divorce by mutual agreement and by one, if the dissolution of marriage occurs by a court decision that has entered into force, regardless of the consent of the other.
Submitting an application to the registry office carried out at the place of residence of the spouses jointly or by one of them, if it is. A document from citizens is registered by an employee of the department, the date of the next visit to the organization is set. Usually, spouses are invited to come in a month, but not earlier (clause 3 of article 19 of the RF IC).

Sample application for divorce by mutual consent

In the event that the dissolution of the marriage relationship occurs by mutual consent of the spouses, then they fill out and submit an application to the registry office, according to the sample below. It is signed by both parties.

You can view and download the application form for divorce by mutual consent of the spouses

Sample application for divorce through the registry office unilaterally

If one of the spouses is recognized by the court as missing, incompetent, or sentenced to a sentence of imprisonment for more than three years, then an application is submitted in Form 9, which allows divorce unilaterally through the registry office... The completed form is signed and submitted to the vital statistics office by the second spouse alone (for example, without a husband).

Check out the content and download a sample unilateral divorce statement

A statement of claim for divorce in court

Before filing an application, you need to determine (world or district, at the place of residence of the applicant or the defendant?), Formulate the requirements and collect the necessary documents, copies of which must be attached to the claim. In this case, all documentation is being prepared in duplicate(separately for the plaintiff and the defendant).

Preparation of a statement of claim involves the collection of documentary evidence (copies of passports, certificates of marriage and birth of children, documents for jointly acquired property, if the latter is necessary). The claim must indicate: the name of the plaintiff and the defendant (one of them is usually the husband, the second is the wife), their dates of birth, the name of the court, information about the place and time of registration of the marriage, what kind of marriage each has, whether there are children and information about them. The reasons and circumstances of divorce, requirements are stated.
Submitting an application to the court implies an appeal to a magistrate if there is no dispute between the spouses about children or if it is necessary to divide property worth not exceeding 50 thousand rubles. If a division of property is necessary more expensive than this amount, you should determine the place of residence of the offspring, you must contact district court.

It should be noted that when applying for a divorce in court, you will also have to pay for filing a statement of claim.

Example. When applying to the court, a spouse seeking a divorce, in addition to the basic requirements for divorce, can indicate in the application the accompanying ones, if they relate to the field of family law. Among them there may be questions about the payment of alimony for children or a spouse who is deprived of the ability to earn (disabled), about the place of residence of children after the departure of their parents, about participation in the upbringing and maintenance of children. Also, along the way, the court can resolve the dispute over the division of property. However, with an increase in the list of requirements, the period for considering a claim may significantly increase, as well as the amount of state duty. The size of the latter depends on whether the division of property will be considered in the divorce, and on the price of this property.

Legal and judicial practice shows that a divorce claim should be considered separately from other requirements. This will allow you not to delay the case and not to miss important details of each issue.

Example. If the defendant's place of residence is in another city, it is allowed to apply for divorce and submit documents to the court not in person, but send it by mail. Then each copy must be certified by a notary, send a letter with a detailed inventory and notification of receipt. The letter must be accompanied by the original receipt of payment of the state duty. To pay the latter, you need to know in advance the details of the court to which the claim is being filed.

The moment of termination of a marriage upon its dissolution

When contacting the registry office, the moment of divorce is the day of registration of the divorce in the record book. Court proceedings assume that the family union will be considered terminated from the date of entry into force of the court decision. In the latter case, divorce is also necessary register at the registry office to receive you need to .

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Your progress of answers

After filing the application and until the dissolution of the marriage, the registry office passes at least a month... Such a period is appointed so that the spouses can think about the decision. The couple who filed for divorce are assigned a date when they must appear and confirm their intentions. If they do not change their minds and come to confirm the record of divorce will be entered in the act book, and each of the spouses will receive a copy of the divorce certificate.
From the date of the appeal to the court until the dissolution of the marriage takes place at least two months... The first meeting cannot be scheduled earlier than a month after the submission of the application (clause 2 of article 23 of the RF IC). If a couple is divorced by mutual agreement, another 30 days will pass before the court decision comes into force (in case someone decides to challenge it).

When considering a case in a judicial authority, if there are irreconcilable disputes, the term can be significantly delayed.

Conclusion

For a divorce, it is necessary to apply to the registry office if both spouses agree for divorce, and the couple does not have joint minor children.
One of the spouses can dissolve a marriage in the same way, even if there are children, if the other is serving a sentence in prison, is unable to answer for his actions, or is missing.
You will have to divorce through court if the family has underage offspring, one spouse does not want to dissolve the marriage or actually shies away from filing for divorce.
Confirming documents (copies of passports, certificates of marriage and birth of children, etc.) are attached to the application for divorce.
When going to court, it is recommended demarcate requirements, if there is more than one of them, and submit a separate claim for each (for example, for divorce and for alimony).
The moment of divorce is considered day of entry about this in the act book(when contacting the registry office).
In case of divorce through court, the marriage will be considered terminated from the date of entry into force judgment.

Question answer

I am going to file an application for divorce in court in St. Petersburg. I am a citizen of Kazakhstan (but in Russia I have property and a residence permit), and my husband is a Russian. Tell me, will it be a divorce from a foreigner or not?

If the husband is a Russian, then this is the most common divorce.

Yesterday there was a court to divorce my wife, I was the plaintiff. We were divorced, but I changed my mind! Is it now possible to pick up the divorce petition or come up with something else?

The only thing to try is to appeal. But if the court upheld the claim, it is unlikely that anything will change. Receive. Then try to persuade your ex-wife to marry you again.

We live with my husband in a jointly purchased apartment, we have a daughter for 1.5 years. The last few months, the spouse has been drinking, returns in the morning and scandals with the child. No persuasion helps, he does not give money for the child. Can I file for divorce if only I want it and he is against it?

Divorce is your right. You write a statement in which you appeal to the magistrate, a month later he will appoint the first meeting. Most likely, you will be given time to think and change your mind. But the next meeting will be scheduled no later than three months later (clause 2 of article 22 of the RF IC). If you insist and your spouse continues to object, you should still be divorced. If in one fell swoop you want to divide the apartment, you should file a claim for divorce and at the same time for the division of property in the district court. But it is better to divorce first, and then divide the property.

On the territory of the Russian Federation, a man and a woman have the right to consolidate their relationship at the legal level. At the same time, it is allowed to terminate such a relationship. But at the same time, certain important conditions must be met.

Basic moments

This statement is used in the event of a compromise between the spouses intending to divorce. If for some reason the other party refuses to give a divorce, it is necessary to form a statement on. Its content is governed by the same provision.

The statement contains the following information:

Details of the applicant's spouse - last name, first name, patronymic.
Passport data or other identity document.
Information from the marriage certificate.
The surname that the applicant will keep after the divorce.
The grounds for divorce are clearly formulated and with reference to the legislation in force in the Russian Federation.
Date of preparation of the application.
Date of the start of the divorce proceedings.
Applicant's signature.

There is one important nuance associated with drawing up an application. It must contain the date corresponding to the day of submission of documents. Otherwise, the employees of the institution may simply refuse to accept the document.

The list of documents that you need to have with you in order to carry out a divorce through the court includes the following:

passport or other document confirming the identity of the plaintiff;
a receipt confirming the payment of the state duty - in 2015 it was necessary to pay 1 thousand rubles;
marriage certificate;
all children - regardless of their age (less than 18 years old or more);
living with the plaintiff of joint children - if this fact takes place;
Divorce petition (from both spouses - if a compromise is found).

If necessary, the court may also require the applicant to submit the following documents:

Salary certificate -.
Others.

Moreover, it is desirable, if possible, to comply with all the requirements of the court. This will avoid the occurrence of various kinds of problems.

How long does the divorce process take

After submitting an application to the court or the registry office, they wait 30 days. Only after this is the marriage terminated, or a lawsuit begins - if there are any serious controversial issues.

It is important to remember that within a thirty-day period, either party has the right to withdraw an application demanding to dissolve the marriage without any consequences - no legal action will be taken, the civil status will remain unchanged.

This practice was implemented in order to reduce the number of divorces - it often happens that ex-spouses change their minds a few days after filing an application.

Divorce is not profitable for the state for a number of reasons:

deterioration of the demographic situation;
increased workload on courts and other institutions;
social problems.

Video: legal advice on divorce

Special nuances

There are many important nuances associated with the divorce proceedings.

The most important are the following:

Divorce when a woman is in a position or a child is less than a year old is possible if her behavior is identified as antisocial.
If the age of a pregnant woman is less than 18 years old and she has a child under 1 year old, then the court may require the appointment of a guardian (most often these are parents).
All property acquired in marriage is subject to strictly halved between spouses.

Dissolution of marriage upon establishment of the incapacity of one of the spouses or pronounced antisocial behavior is carried out immediately. But there must be a documentary justification for this fact.

The legislative framework

If possible, divorcing spouses should study the legal framework in as much detail as possible.

It includes the following:

Article	Description
Art. No. 16 of the RF IC	the grounds for divorce are listed

Ekaterina Kozhevnikova

Reading time: 3 minutes

Divorce means the termination of family legal relations between spouses in the manner prescribed by law. The need to dissolve a marriage arises when it is impossible to keep the family together. At the same time, spouses often do not know where to apply for divorce, what list of documents is needed for this, and how long the process is.

In order to decide where to apply, you need to understand that there are two ways to get a divorce:

through the registry office;
judicially.

When to contact the registry office

You can apply for divorce by contacting the body that registered the marriage in cases where the parties do not have minor children, and there is also no unresolved conflict associated with the division of property acquired in marriage.

You should also file for divorce at the registry office in the presence of circumstances determined by law. If they take place, then one of the spouses can demand the termination of the marriage; an application from the second is not required. But before you file for divorce unilaterally, you need to make sure that the situations enshrined in the law are documented. Their list is as follows:

deprivation of legal capacity of one of the parties;
the announcement of a husband or wife as missing;
the conviction of the spouse of a crime and the appointment of a term of imprisonment for more than three years.

The easiest way is to send documents with a request to dissolve the marriage to the registry office where the relationship was originally registered. Since this department has the necessary information, there is no need to collect additional papers.

When the spouses change the city (other settlement) of residence, they should contact the territorial authority located at the current place of residence.

What documents will be needed when contacting the registry office

If the husband and wife have come to a common decision on divorce, then, according to the norms of current legislation, the application is submitted in a separately developed form, which must contain the following information:

personal data of the parties;
information about the registration of marriage;
surnames that the divorced want to leave after the divorce;
signatures of both spouses.

When the family breaks up, and yesterday's spouses begin to understand that divorce is completely inevitable, the question arises - how to get a divorce? Where should the statements, etc. be referred?

In this article, we will tell you how to file an application for divorce in a registry office or court, consider options for filing an application without a husband and wife.

The application form, which is drawn up before divorce, is quite simple. In the application, you must indicate the name of the state body that will consider the application, provide personal data, the full address and telephone number of the plaintiff and the defendant, indicate the presence of children and their age, the presence of property and other disputes. You must also indicate the formal reasons that led to the divorce in the statement of claim. The most common reason for divorce is to indicate that a husband and wife are not on the same page. It is imperative to attach copies of all the above documents to the application.

Submission procedure

An application for divorce is submitted to the registry office only if the spouses both agree voluntarily to divorce, and also if they have no minor children. Within a month, according to the Federal Law on the Civil Status Act, the management of the registry office must issue a divorce certificate to the now former spouses. In this option, some exceptions are permissible, when one spouse can apply for divorce to the registry office, even with minor children. This becomes possible when one of the spouses has committed a crime and was sentenced to a term of three years or more; if one of the spouses is recognized by a special commission as legally incompetent; if one of the spouses has been reported missing. All cases when it is possible to get a divorce at the registry office for one spouse, even if you have children, are reflected in the articles of the Family Code of Russia.

In the Family Code of Russia, article 19, a recommendation is made for spouses to submit an application only through the judicial authorities, in the event of a dispute over the division of property, if both of them cannot peacefully agree on the payment of alimony for a minor child. You also need to go to court in the event that disagreements arise regarding the child's place of residence and the methods of his upbringing.

In accordance with the Code of the Russian Federation, Article 21, if someone of the spouses does not want to give their consent to divorce or simply does not want to come to the registry office, they will have to submit an application only to the judicial authorities. It is best to dissolve the marriage through the court even if there is a minor child.

Divorce can also be decided by a district or justiceship magistrate, depending on the dispute arising during the divorce. According to the Civil Code of the Russian Federation, Article 23, if, by mutual agreement, the parents decide voluntarily the fate of their children, then the question of divorce can be accepted by the magistrate. However, if there is a disagreement between the spouses about minor children, then the application for divorce is submitted only to the district court.

With regard to the division of acquired property, the issue can be resolved in different ways. If the amount of joint property acquired in marriage does not exceed 50 thousand rubles, the decision on mutual claims can be made by the magistrate. If the property is valued at a large amount, you must file a divorce petition with the district court.

Where to serve

It is important to decide at the beginning which court of jurisdiction will need to file an application for divorce.

According to the Civil Code of Russia, article 28, a statement of claim for divorce must be filed with the district court of the defendant's place of residence. But in some cases, the plaintiff, if minor children live with him, or if he also requires the appointment of the payment of alimony with a statement of claim for divorce, then the application for divorce must be filed in accordance with the place of residence of the plaintiff. The issue of dividing the spouses' property should be resolved at the location of this property.

Terms of consideration of the case

Article 154 of the Civil Code of Russia regulates the time limits for resolving disputes, which are established for district courts. This period is two months, and in the magistrates' court one month from the moment when the application for divorce was filed. The Family Code of Russia permits a decision to dissolve a marriage no earlier than one month after filing a statement of claim for divorce. In some cases, the consideration of a divorce case may be postponed by the courts even for three months.

The practice of decisions on divorce in the courts shows that the law cannot always provide for all the nuances that arise during divorce cases. Therefore, at the Plenum of the Supreme Court, a resolution was adopted "On the application by the court of the current legislation when considering a divorce case." The tenth paragraph of this ruling states that the court has the right to postpone the hearing of the case several times in order to give the spouses a chance to reconcile. However, in the aggregate, the period for postponing the decision cannot exceed three months from the date of filing the application for divorce. In 2007, at the Plenum, an additional clarification was adopted that if the plaintiff did not appear at the court session and after the expiry of the term set by the court, then the statement of claim could not be satisfied.

The decisions of the Plenum also provided for the situation when it was impossible to determine the whereabouts of one spouse with whom the plaintiff wants to divorce. In such cases, the plaintiff is obliged to apply to the district court of the last place of residence of the defendant.

And although the procedural code of Russia regulates in detail the procedure for conducting divorce proceedings, the Supreme Court has supplemented the code and ordered local courts to treat divorce cases as thoroughly as possible. If there is even a small opportunity to reconcile the spouses, the court is obliged to use it. If reconciliation is not possible, under any pretext, the spouses must, in this case, provide a clear evidence base.

Legal aid

The filing of an application for divorce upon division of property must be carried out in the district court. This category of family dispute is the most difficult and often requires the participation of a competent and experienced lawyer specializing in civil cases, since the consideration of a case depends entirely on the nature of the property, the participation of a mass of witnesses and even third parties in it. Not all the moments and nuances of disputes about the division of acquired property are taken into account by the current legislation, therefore it is very important to take into account similar cases and the jurisprudence of a lawyer.

The consideration of an application for divorce through the court should take into account all the requirements of both spouses and may well require qualified legal assistance, as well as consultations on family law. And although the current laws clearly and in detail regulate the divorce process, provide for the nuances that arise, there are a lot of issues that have not been taken into account in the legislation, formed by judicial practice. So, filing for divorce and the whole process of divorce leads to a number of problems that need to be solved, preferably peacefully, this is the fate of your children, numerous property relations, and other problems.