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How best to get a divorce. How to file a divorce as soon as possible. Conditions for obtaining

More and more often people are wondering if divorce is possible without the consent of one of their spouses. It often happens that one person wants to end the relationship, and the other is against it. Is it really necessary in this situation to seek the consent of the one who advocates the preservation of legalized relations? All the features of our current process will have to be studied in full. After all, divorce is a serious step. And even the slightest mistake in preparing for this process can lead to the impossibility

Is it always bred

What if you want to end your relationship with your spouse and he / she doesn’t? It is worth referring to modern legislation. In Russia, there are special rules that are provided by law. They concern the relationship between husband and wife.

So, a divorce without the consent of one of the spouses is possible. Moreover, it is always carried out when one of the couple has a real desire to break off a legal relationship. These norms are spelled out in Article 22 of the Family Code. True, a lot depends on the consent of the spouse to divorce. For example, in which bodies the described process will take place.

Where to contact

The thing is that a divorce without the consent of one of the spouses is not a very simple operation. It requires special attention. According to the Family Code of the Russian Federation, if both husband and wife agree to break off relations in a couple, you can do this at the registry office. And how to act in the absence of an agreement?

In this case, only a divorce through the court threatens. Without the consent of the spouse, you cannot go to the registry office and terminate the officially registered relationship. This is stated in the Family Code Russian Federation, in 21 articles.

Accordingly, you will have to go to the courts. Either you go to the magistrate court, or to the district one (it is customary to file a claim at the place of residence of the defendant). It all depends on your situation as a whole.

World judge

Can you get a divorce without your spouse's consent? Yes, in Russia there are a number of cases when this process takes place. Of course, if there was consent, then divorce would be easier. But not always in a couple, both are ready to break off relations.

It is best to contact the magistrate on this matter in certain situations:

  • or when you have no disputes regarding the residence of the children;
  • or provided that the jointly acquired property to be divided does not exceed 50,000 rubles.

That is, theoretically, you can come to the magistrate's court with a claim for divorce and only in the absence of significant joint property. If this rule is not respected, you will have to file a claim with another authority.

District Court

How to get a divorce without the consent of your spouse if a visit to a magistrate is impossible? In cases where you have children and you cannot agree on their further accommodation, you will have to go to the district.

In addition, the district courts consider claims to break off formalized relations when a couple has joint property of significant value. Divorce without the consent of the spouse (without children) also occurs in these authorities.

Now, when it is clear where exactly to apply, it is worth taking a closer look at the divorce proceedings. If you prepare correctly in advance, then you can bring your idea to life in just a few months. What features should you pay attention to first of all?

Not right away

Any divorce - with or without mutual consent - does not take place immediately. Citizens are given time to reconcile. This is an obligatory part of the divorce proceedings. Therefore, if you intend to break off the relationship, be prepared for the fact that for some time you will "put up" with your spouse.

As practice shows, by the time they go to court or the registry office, citizens no longer live together. Therefore, all that remains for you is to wait for the expiry of the period of reconciliation. Usually, only 30 days, a month, are given to think over a decision. If you are determined, after this period you will definitely be divorced. It doesn't matter whether it is in the registry office or in court. The main thing is that you will achieve your goal.

Just keep in mind: if you decide to make up and keep the relationship, the claim will have to be withdrawn. You must meet in the allotted month. Or do it directly at the hearing.

Men-women

Divorce without the consent of one of the spouses is always formalized, with rare exceptions it will not work to break off the relationship. In Russia, a lot depends on who goes to court.

The fact is that men have fewer rights in terms of divorce. So, husbands cannot divorce on their own initiative from a wife in a position. This prohibition applies even after the birth of a child. Men will not be allowed a divorce until the baby is 1 year old.

Moreover, even during pregnancy and a newborn child, it is still possible to formalize a break in relations. How? To do this, a woman must file a claim. In this case, a divorce without the consent of the husband will take place in court, but it will certainly take place. Women during pregnancy and in the first year of a baby's life are given more opportunities in relation to the task set in this article.

Duty

How to file a divorce without your spouse's consent? After you have decided which court to apply to, you can start preparing the documents. The first stage is the payment of the state fee. Without this payment, you will not be accepted for divorce. Therefore, before visiting the court, try to pay off the state.

How much will you have to pay for a unilateral divorce? At the moment, you will have to pay 600 rubles for a divorce suit. The amount of the state duty is spelled out in the Tax Code of the Russian Federation, in article 333.19, paragraph 1, subparagraph 5.

This amount of money is charged only from one spouse - from the initiator of the divorce. As soon as it is paid to the court of your choice, you can submit an application for consideration. Just pre-collect a specific list of documents.

The documents

So, what do you need to bring with you to the judicial authorities in order for you to accept a divorce suit? The list is not too long. By the way, copies must be attached to the originals. You do not need to certify anything. In order for you to be able to dissolve the marriage in court, present:

  • Marriage certificate;
  • documents confirming the birth of children;
  • receipts for filing a statement of claim;
  • plaintiff's passport.

This is where the main list ends. Additionally, you can attach documents, the grounds for divorce, and the residence of children, as well as the division of the property acquired for the entire time. True, usually in the absence of the spouse's consent to divorce, there are no such papers. Unless the grounds for divorce can be confirmed.

Separate attention is required to apply for a divorce without the consent of the spouse. You have to make the right claim, otherwise you can not hope for success. What should be specified in this document?

First, information about yourself and your spouse who disagrees with the divorce. Passport data will do, as well as just information that may affect the course of the case. This is especially true when you have minor children.

Secondly, the claim must indicate the presence / absence of children. Whether there is agreement regarding their residence, as well as upbringing, this should also be written in the application.

Third, you need to justify your decision somehow. This is especially true when there is a spouse who does not agree with the divorce. Anything can serve as a motive. The main thing is not to lie. If you have evidence that can support your words, indicate it and bring it with you to the court.

Fourth, at the very beginning of the statement of claim, you must indicate the judicial authority to which you are filing the claim. This is a prerequisite for making an appeal.

Fifth, it is advisable to register all the joint property you have. And if you have an agreement on its section, indicate what and to whom will be relied on after the divorce. Do not forget to specify the presence of a prenuptial agreement in the claim.

As soon as you finish drawing up the application, you can go to court with the above list of documents. Then you just have to wait. As a rule, the presence of both spouses is required for the meeting. If the dissenting citizen decides to evade this process, do not be upset!

Dodging meetings

Why? Because you have every right to terminate the previously legalized relationship. And the absence of one of the spouses is not a hindrance to the process. Several times the meeting can be postponed and re-invite the dissenting party to Divorce without the consent of one of the spouses is still possible. Only more time will be spent on it.

From about the 3rd time, the divorce will take place without the participation of both spouses. You will be given a court opinion, which will come in handy later. After all, after the trial, the divorce is not considered complete in full. Something else needs to be done.

The final stage

Without the consent of the spouse, this is a very laborious process. As soon as you have a court decision indicating the termination of the previously legalized relationship, you can proceed to the last step. It's about a visit to the registry office. After all, you need to get a divorce certificate.

You must come to the registry office at your place of residence. Take with you:

  • passport;
  • the court's decision;
  • marriage certificate;
  • birth certificates of children (if any).

Additionally, you will have to pay a state fee for issuing a certificate. At the moment, an additional 350 rubles will be required from you. present to the registry office. In the same place, fill out an application for a divorce certificate. That's all. All that remains is to wait until you are given the appropriate document. In fact, judicial divorce is not as easy as it seems. Especially if you have children. In this case, you must present documents on your earnings, as well as housing.

Now it is clear how you can file a claim. Divorce without the consent of the spouse is a rather laborious process. For him, as already mentioned, you need to prepare in advance. If you have witnesses who are able to influence the course of the case, invite them to the meeting and indicate in the claim.

In the life of every person, situations are possible when cloudless happiness flies by and dissipates in an instant, like a morning haze on the shore, and clouds of failures, problems and misfortunes are gathering. Family life is always a mystery with two unknowns, where each unknown can turn the life of their soul mate into a real nightmare. And then there is an insistent desire to cut this Gordian knot and part with the hateful spouse as soon as possible. How to quickly get a divorce, avoiding bureaucratic red tape and procrastination?

According to existing legal norms, it is possible to file a divorce quickly only if the spouses do not have common young children and / or subject to the full and mutual consent of both parties. In these two cases, the divorce is filed quickly and without any delay. Here are some tips on how to get divorced quickly by keeping the Fa.

List of documents required for registration of a divorce

In order for the divorce to be completed as soon as possible, you first need to prepare a package of the most necessary documents for this. Their list includes:

  • the statement of claim for divorce in duplicate;
  • marriage certificate - original;
  • birth certificate (s) of a child or all children born in marriage;
  • certificates from the place of residence of the plaintiff and the defendant;
  • consent to the defendant's divorce, certified by a notary;
  • an agreement signed and certified by a notary on the division of property, the payment of alimony in favor of minor children, as well as an agreement on the upbringing and maintenance of children;
  • a receipt for payment of the state fee.

If at the time of the divorce there are no young (minor) children, then the procedure for dissolving family ties is drawn up at the registry office where the marriage was registered.

An attempt to formalize a divorce in a shorter time frame than dictated by the Law, as well as changing the procedure for divorce (divorce instead of a registry office in court or vice versa) is a violation of the Law.

When registering a divorce procedure, bypassing the Legislation and with its obvious violations, inevitable legal events follow, such as:

  • the regime of joint property of spouses is preserved;
  • Mutual obligations to participate in a common life are preserved;
  • the right to inherit real estate and property of the surviving spouse is retained;
  • impossibility of concluding a new marriage;
  • illegality of newly contracted marriages.

As you can see, violations of the law in the divorce proceedings lead to quite serious consequences.

How to file a divorce as soon as possible

In order not to drive yourself into a dead end in attempts to divorce yourself, and even as quickly as possible, experts in the field of Law recommend seeking help from experienced lawyers in the field of divorce cases.

No one promises mountains of gold, because it is sometimes very difficult to completely and completely eliminate obstacles and obstacles to bureaucratic delays. A lawyer who specializes in family law postpones all cases when he takes on such an issue as help in such an issue as how to quickly get a divorce. It is with the help of a professional lawyer that it is possible to overcome all the obstacles erected by the registry office in the divorce proceedings, which is why it is sometimes delayed for a very long time.

Incorrect execution of divorce documents significantly slows down the resolution of the divorce issue. It is this issue that a lawyer solves most successfully, since lawyers have experience in registration in many state organizations. And this is a significant plus in the work. An experienced lawyer will always tell you how to get a divorce, while observing the letter of the Law.

Registry office or court: where to go for a divorce

But when is it enough to apply for a divorce to the registry office, and when is it necessary to go to court to resolve the same issue?

You should contact the registry office if:

  • no children were born in the marriage;
  • the spouses do not have common property subject to division;
  • if the spouse is pregnant and, despite this, has nothing against the dissolution of the marriage.

In these situations, when contacting the registry office, within 30 days after the filing of the application for divorce, a divorce certificate is issued and the corresponding seals are put in the passports of the spouses who have already been. And in the case of the established pregnancy of the wife, the child will be recorded in the husband's surname, and the payment of alimony cannot be avoided.

You can get a divorce through a court if:

  • one of the spouses is against divorce;
  • divorces have children in the family, especially if the children are minors;
  • the spouses intend to divide the jointly acquired property;
  • it is necessary to prove the impossibility of living together.

It should be borne in mind that, according to the law, the court gives a two-month period for reconciliation of the spouses. It often happens that during this time the hot heads of the would-be spouses cool off, and the family is preserved.

But most often, after a repeated visit to the court on a divorce petition, the spouses have additional grievances and mutual reproaches, and then the question of reconciliation is not even raised. The question of how to get a divorce becomes even more acute.

There are times when one of the spouses deliberately does not appear in court at the first hearing on the divorce proceedings in the hope that the court will refuse to divorce. Indeed, the court does not have the power to deprive the absent spouse of the possibility of attempting reconciliation and grants the usual two-month grace period. But after the expiration of this period, the divorce will still take place at the next hearing, even if one of the parties comes to court.

If you want a divorce, but your partner does not want it, then you can unilaterally file for divorce through the court.

If your partner gives you consent to the divorce, then you can quickly.

Divorce through the registry office is quick and easy, but we will consider the option of a divorce in court.

Grounds for termination of marriage.
- When is it filed for divorce in court? Conditions.
- In which court to file for divorce?
- Documents for filing for divorce in court.
- How is the trial going?
- Terms of divorce.
- Nuances in divorce through the courts.
- Grounds for termination of marriage.
- State duty, and the cost of a lawyer in case of divorce through the court.
- Video.
- An example from judicial practice.


Grounds for termination of marriage

From the standpoint of legislation (Article 16 of the RF IC) the grounds for terminating family relations 4:

  • Death of one of the spouses;
  • Recognition of a spouse or spouse as deceased (by the court);
  • Submission of an application by one of the spouses for divorce (by the spouse's guardian in case of his incapacity);
  • Divorce filing by both spouses.

In the first two cases, the marriage is terminated at the time of the occurrence of the event or the entry into force of the court decision.

When is it filed for divorce in court? Conditions.

As already noted, you can get a divorce both in the registry office and in court? But when exactly do you have to go to court?

There are three cases:

  • The presence of joint children under 18 years of age (clause 1 of article 23 of the RF IC);
  • Unwillingness of one of the spouses to part with their other half (Article 22 of the RF IC);
  • Evasion of one of the spouses from appearing at the registry office, with theoretical consent to divorce (clause 2 of article 21 of the RF IC).

In the first case, everything is clear: even if the husband and wife are vying with each other about the impossibility of living together in the future, but at the same time they have at least one common child (minor), they will still have to divorce in court.

In the second, everything is also clear: a husband or wife wants freedom, and, accordingly, his wife or husband counts on the earliest possible reconciliation and preservation of the family. In the registry office, such a couple will not be divorced. The case will be decided in court.

The third case is the most interesting: both spouses agree and, but someone alone sabotages the event in every possible way, and simply does not appear on the day appointed for divorce to the registry office. In this case, anyone who wants to break off family relations will have to file a lawsuit for divorce.

Which court to file for divorce?

As a general rule, divorce cases are considered world judge- Clause 2, Part 1, Art. 23 Code of Civil Procedure of the Russian Federation. If, during the divorce proceedings, the husband and wife decide the issue of determining the place of residence of their joint child, then such a case will be considered district court- Art. 24 Code of Civil Procedure of the Russian Federation.

The claim is filed with the court at the place of residence of the defendant, or the plaintiff, if the place of residence of the first is unknown. It is also allowed to file a claim in court at the place of residence of the plaintiff if a minor child permanently lives with him, whose place of residence after the termination of the marriage will have to be determined by the court.

Documents for filing for divorce through the court.

Submitted according to the general rules for filing an application. The initiator of the divorce will be called the plaintiff, the other party - the respondent.

The claim indicates the complete data of both parties, including the place of residence, the basis for divorce (formal condition), and documents (copies) are attached to it:

  • Marriage certificate;
  • Children's birth certificates;
  • Income statements, if we are also talking about the collection of alimony;
  • Document confirming the payment of the state duty;
  • The spouse's consent to divorce is notarized, if any.

How is the trial going?

After accepting the claim, the court fixes the date of the first hearing. It cannot be appointed earlier than one month after the filing of the claim by the applicant. The plaintiff and the defendant will receive a divorce summons in the mail prior to the hearing. At the first session, the court finds out the attitude of the parties to divorce, the reasons for the divorce, the possibility of keeping the family.

If both spouses have a strong desire to part ways, and there are no disputes on other issues, then the divorce process in court ends there. The court issues a divorce order and, after 30 days, sends a copy of it to the registry office. If everything is not clear in the case: the husband / wife does not want to disperse, then the court appoints a period for reconciliation of the parties, as a rule, 3 months. If, after the expiration of the term, the parties still have not found a common language, then the judge makes a decision to terminate the marriage.

In case of no-show ..

If both spouses did not come to court, then the case is closed and the family is saved, but if there is only one, then for a start the judge finds out:

  • Whether the absentee was duly notified and if so, then;
  • Was his reason for failure to appear valid.

If the party was duly notified and no petition was filed to consider the case in her absence, the judge can either postpone the meeting to another date, or hold the meeting in the absence of the absent one.

Two failures to appear (two postponements of the hearing of the case) are allowed, with the third failure to appear, the court will be forced to make a decision.

Divorce terms

Unencumbered by other requirements and with the consent of both spouses, a divorce in court will not take more 1 month(plus 1 month for the entry into force of the court decision) from the moment the plaintiff submits the application.

If only one spouse has a demand to break family ties, then the court may drag on for 4 months(plus 1 month for the entry into force of the court decision). The deadline includes the maximum allowable time for reconciliation of the parties.

If the desire to divorce is strong only on one side, and the second, after the allotted period for reconciliation, did not appear at the hearing, and then again and again did not appear, then the whole will have to be divorced. 6 months from the moment the claim was filed (plus 1 month for the entry into force of the court decision).

If the divorce process is associated with, then the terms, in general, can vary from six months to one and a half years.

Nuances in divorce through court

The family legislation of the Russian Federation provides the right to initiate a divorce for both the husband and the wife, but there are some nuances.

So, the husband has no right to apply for the spouse and a year after the birth of the child. The court will divorce the couple only if the spouse expresses the desire (Article 17 of the RF IC).

If the claim for divorce provides for a request for the division of property, then such a claim can be filed in court at the location of this very property (when it comes to real estate) - Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation.

In the event of a simultaneous division of property together with a claim, it is advisable to file a petition for the seizure of the property so that the defendant cannot implement it.

It happens that the spouse is reconciled after the court has made a decision on divorce. In this case, the law gives the right to appeal the decision of the court within 30 days, and in the court of second instance to drop the claim.

State duty, and the cost of a lawyer in case of divorce through a court.

Freedom has always been highly valued in the literal and figurative sense, so a person who decides to get rid of married life will have to spend money.

The cost of divorce, excluding compensation (if any are provided for by the marriage contract), property consists of a state fee and the cost of the services of a trustee (lawyer).

There are three options for the fee, depending on the conditions:

1) For state registration of divorce, including the issuance of certificates:
by mutual consent of the spouses who do not have common minor children - 650 rubles from each of the spouses.
2) Upon divorce judicially- 650 rubles from each of the spouses.
3) Upon divorce at the request of one of the spouses if the other spouse is recognized by the court as missing, incapacitated or convicted of a crime to imprisonment for a term exceeding three years - 350 rubles.

The cost of a representative's services varies from region to region. So, in the capital a family lawyer will cost 900 rubles, and representation in court in the amount of 10 thousand rubles. In the provinces, the amounts may be lower.

An example from judicial practice

Inna B. filed a lawsuit for divorce from her husband Stanislav B. At the time of filing the application, Stanislav B. was registered with his friends, but Inna B. did not know the address. The couple had a 5-year-old daughter. The wife filed a lawsuit with the district court at her place of residence, indicating that she did not know where her husband now lives. The wife also filed for the division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously declared a demand for and determination of her permanent residence with her mother.

Stanislav did not appear at the hearing. The court decided to postpone the consideration of the case for a month. Stanislav again did not appear at the re-hearing, the court again postponed the consideration of the case for a month. The husband came to the third court hearing and said that he did not intend to part with his wife, but wanted to keep the relationship for the sake of his daughter. The court set a time limit for reconciliation - 2 months.

Two months later, at a regular meeting, the court decided to divorce the couple, leave the daughter to live with her mother permanently and assigned her alimony, share the property in equal shares, but it turned out that by the time the decision was made, the car had been sold and the property of the spouses was one garage. In the future, Inna could not prove that she did not know about the sale of the car and could not cancel the deal.


Women are sensitive, impressionable, unpredictable, passionate. In a fit of emotion, they sometimes commit recklessness. Nevertheless, women have an amazing ability to suppress the most bitter feelings and forgive big grievances, if this is the price of keeping the family. A woman will doubt for a long time whether it is worth filing for divorce, but when she makes the final decision, it will not be just passions.

Is it possible to divorce without the consent of the husband?

Yes, it’s quite possible! Moreover, a woman, unlike a man, can do it at any time!

Are there any restrictions for divorce without the consent of the husband?

In general, divorce without the consent of the spouse follows the same rules as. With one exception. The wife has the right to file for divorce when she is pregnant and during the first year after giving birth. The man is deprived of such a right.

Therefore, a woman has no barriers to divorce. Except for the disagreement of her own husband. But even this obstacle is completely surmountable from the point of view of the law.

Question... My wife is going to file for divorce. Naturally, I do not agree to this. She is in her fifth month of pregnancy. V recent times became irritable, crying, angry for no reason. I suppose that the reason for this is the "hormonal storms" in her body. She has no serious reason for divorce. As far as I know, it is impossible to divorce during pregnancy and the first year of a child's life? This is true? Or can the court grant her divorce claim without my consent?

Answer t. The ban on divorce during pregnancy and the first year after childbirth does exist. But it only applies to men. Your wife, despite her position, really has the right to file for divorce. Since you do not consent, her divorce petition will be reviewed by the court. The court can set a period for reconciliation from 1 to 3 months, perhaps during this time you will be able to convince your spouse and save your family. And perhaps, given her fickle emotional state, the matter will not come to divorce.

Ways to file a divorce without the consent of the husband

In this case, you can get a divorce both through the registry office and through the court, depending on the circumstances.

Divorce without a husband through the registry office

The basis for divorce through the registry office is the filing of a general application by the spouses. Of course, if the husband does not want to get divorced, the wife will not be able to achieve a joint visit to the registry office.

A wife can apply for divorce at the registry office by filing a unilateral application only in exceptional cases:

  • the husband is serving a sentence for a criminal offense of imprisonment for more than 3 years;
  • the husband was declared legally incompetent;
  • the husband has been declared dead or missing.

It will not work to dissolve the marriage through the registry office if the husband is in full health, does not commit crimes and does not want to get divorced.

Divorce without the consent of the husband through the court

You should file for divorce:

  1. to the magistrate's court(if there are no children or there are no disputes regarding children, if there are no disputes regarding property or its value does not exceed 50 thousand rubles);
  2. to the district court(if there are disputes about children or common property). In some cases, it is allowed to file two statements of claim at the same time: to the magistrate's court - on divorce, to the district court - on the division of common property.

Divorce procedure if there is no husband's consent

No matter how the husband expresses his disagreement, the marriage will be terminated in court at the request of the wife. Evasion or refusal to participate in the divorce proceedings, although it will affect the duration of the consideration of the case, will not prevent its final result - the adoption of a court decision in favor of the wife.

Divorce procedure without the consent of the husband consists of several stages.

Preparing a statement of claim for divorce

The statement of claim must consist of three parts:

formal part contains the name of the court, data on spouses (surnames, names and patronymics, dates of birth, addresses of residence), data on children;
descriptive part contains information about the time and place of marriage, a description of family circumstances at the present time, an indication of the reasons why the marriage should be dissolved, evidence and arguments of the wife. It should be indicated how the issue with children and common property should be resolved;
pleading part contains a request for divorce and the fulfillment of other requirements (appointment of alimony, division of property).

The following documents are attached to the statement of claim:

  • copy of the passport;
  • copy of the statement of claim (to be sent to her husband);
  • Marriage certificate;
  • copies of birth certificates of children;
  • other documents (for example, income statements, characteristics);
  • a mandatory attachment is a receipt for payment of the fee for filing an application with the court.

Procedure for considering a case in court

If the documents are drawn up correctly, the court opens the proceedings, appoints the date of the court session (not earlier than 1 month after the filing of the claim) and notifies the spouses about this.

During the meeting, the court clarifies the circumstances of the case: asks about family relationships and the reasons for the divorce, considers agreements submitted to the court on the place of residence of the children and the division of property, establishes the likelihood of reconciliation between the spouses and the preservation of the family. If the husband strongly disagrees with the divorce, the court can postpone the consideration of the case and set a time limit for reconciliation with the wife. Otherwise, the final result of the consideration of the case may be a court decision on divorce.

The divorce decision comes into force 30 days after it was issued. The husband and wife receive an extract from the court decision to apply to the registry office and register the divorce deed.

Question... It has been about two weeks since the court decided on the divorce. Today the husband came to his daughter's birthday. He brought gifts, spends a lot of time with children, shows me signs of attention. I see that my husband sincerely regrets the separation of the family. Can a court decision be overturned? How?

Answer... Yes, you can overturn a court decision by appealing it to a district court. The appeal should indicate that the spouses are reconciled and do not want to dissolve the marriage. On the basis of the refusal by the plaintiff of his claim, the appellate court cancels the earlier decision on divorce and terminates the proceedings.

The term for divorce without the consent of the husband

At least 2 months pass starting from the filing of the application and ending with the entry into force of the court decision. The duration of the divorce procedure may be increased due to the appointment of a conciliation period (from 1 to 3 months), due to the postponement of the court hearings due to the absence of the husband. Even after a court decision is made, the husband can appeal, which can also drag out the divorce proceedings for several months.

The reasons for deliberately delaying the trial may be a sincere unwillingness to get divorced, the intention to carry out transactions with common property, the search for ways to "sue" children.

To prevent this, you should correctly draw up a statement of claim (indicate the impossibility of reconciliation), collect a sufficient amount of evidence (certificates, testimony of witnesses, checks and receipts, expert assessments), and possibly enlist the professional support of lawyers.

Ask an expert lawyer for FREE!

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.

Darya
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.

Tatiana
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.