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Where to file for divorce. Divorce in the presence of minor children, when it will not work out, with whom the child will remain. Terms of divorce in the registry office

Divorce is always a painful process, even if ex-husband My wife and I decided to separate by mutual agreement. More often, another situation is observed when a divorce is complicated, for example, by the unwillingness of one of the parties to share property or the question of who the child should stay with. Depending on the situation, the different places where to file for divorce. There are two possibilities: the registry office and the court.

If you decide to divorce amicably

If the parties do not have mutual claims regarding property and there are no minor children in the family, then you need to go to the registry office to file for divorce. The applicant will need to write an application and provide a minimum package of documents. Usually this is a passport and a marriage certificate. The application form is provided by the registry office officer, and it should not be difficult to fill it out.

The statement states:

  • personal data (date and place of birth, passport number, etc.);
  • contact details of the plaintiff and defendant;
  • an indication of the absence of property disputes and claims;
  • the reason for the divorce (usually they write that the husband and wife did not get along in character).

The claimant must attach photocopies of all specified documents to the application. The registry office resolves the issue of divorce usually within 30 days and issues documents former spouses. If they have disputes or have children, then divorce should be sought through the courts.

There are cases when it is possible to apply to the registry office even though the plaintiff has minor children. But this is only possible in some cases if the spouse:

  • convicted of a criminal offense for more than 3 years;
  • declared incompetent by decision of the commission;
  • missing.

Other cases where one spouse can apply to the registry office are discussed in the Family Code.

Questions about the appointment of alimony and other disputes are resolved only by the court. In the registry office, such issues are not considered.

If conflict erupts

In the event of any conflicts and disputes, lawyers recommend that you go to court, and not to the registry office, since this body only registers.

Both parties do not have to go to court. It is enough to file a lawsuit with the spouse who decided to initiate the divorce.

If there are minor children, then divorce in judicial order- most practical solution. Upon presentation of a court decision, any registry office will be required to register a divorce. You will also have to apply to the city or world court if the second spouse basically does not want to go to the registry office or lives in another locality and does not show a desire to come.

Divorce papers by judgment, in addition to the application, marriage and birth certificates, you must submit the following:

  • notarized consent, if the second spouse is not against divorce (may be absent);
  • claim for strict form indicating the reason for the divorce and listing all conflict issues;
  • receipt for payment of state duty.

The rules for completing documents in each court are different. If the claim states that the case is being considered at the place of residence of the plaintiff, then the court may request an extract from the house book from the submitter. If the plaintiff prepares a list of claims, then he must be ready to document his claims.

Alimony and other claims

Simultaneously with filing a claim, you can write an application for the recovery of alimony in court. It is written according to certain form available from the secretariat. It should indicate what share of maintenance payments the plaintiff is claiming and why, or leave the amount of payments to the discretion of the court.

If there is an agreement between husband and wife voluntary agreement on the payment of alimony, then a copy of this agreement certified by a notary must be attached to the application.

Usually both applications are considered within the same court session. At least one party must be present in order to hear a claim. The absence of both parties without a valid reason will be grounds for rejecting the application.

You can apply for a divorce again, but you will have to collect the package again required documents and wait for a court date. The application form does not change.

You can apply at any time, even if the family has not actually lived together for many years.

Where should divorce proceedings be considered?

The law provides that it is possible to apply for a divorce only at the place of residence of the defendant. This is often inconvenient, especially if the defendant lives in another city or is in hiding after threatening to file for divorce and collect alimony from him.

But according to Article 28 Civil Code There are several options in Russia when it is also possible to file an application for divorce at the place of residence of the plaintiff:

  • if minor children live with the plaintiff (this should be indicated in the claim);
  • if an application for the recovery of alimony is filed;
  • if the plaintiff has health problems and cannot travel to the place where the defendant lives (a medical certificate is needed);
  • if the defendant is legally incompetent or missing, or if he is serving a sentence for a crime.

The place of application in this case does not matter. For example, it can be written at the place of residence of the defendant, and asked to be considered at the place of residence of the plaintiff. This must be indicated on the application form.

But there is one point that needs to be taken into account. If the claim concerns the division of property, then the issue should be resolved at the location of this property. For example, if a mother with a child moved to another city, but wants to get a share in her husband's apartment, she will have to come to the court session in the city of her ex-husband.

Which court to apply to

An application for divorce must be submitted to the district (or city) or magistrate's court. The choice of court depends on whether disputes arose during the divorce. If the husband and wife have settled all differences before writing the application, the claim is filed in the Magistrate's Court. Otherwise, in the city. A justice of the peace may begin to consider a divorce case if the amount of material claims does not exceed 50 thousand rubles and there are no other mutual disputes.

In other situations, apply for a divorce should be in the city or district court. However, everyone has the right to decide where to go to file a claim. Both in that, and in other court applications should accept. The main thing is that they should be written in a standard form, and everything said should be confirmed.

Therefore, before writing an application for divorce, you should discuss all the points and conclude written agreements Otherwise, the consideration of the case may be delayed. Makes the divorce process much easier marriage contract, but in Russia this practice has not yet taken root.

If the decision of the court does not suit one of the parties, it is possible to appeal it to a higher authority. Where to carry the application in this case depends on which court originally heard the case. If it is global, then you need to apply to the city, if the city - then to the federal, if the federal - then the Supreme.

Usually, if an application for divorce is filed, everything is decided in the court of first instance.

Deadlines for consideration of applications

The law provides for a 30-day period for the consideration of claims for divorce. In practice, the courts, especially overwhelmed with various appeals, may delay the consideration of the claim. This is usually done under the pretext that the family is given time to reconcile.

If the spouses decide to divorce permanently and have no intention of reconciling, then they must submit documents confirming this along with the claim. For example, evidence that one of the spouses cheated on the other. If the court finds the evidence convincing, it will make a decision already at the first meeting, and there will be no need to re-apply for divorce.

The legislation does not stipulate how many times the consideration of a case can be postponed. Therefore, the Plenum Supreme Court Russia ruled that the duration of the consideration of an application for divorce cannot exceed three months in total. This is done to encourage judges to consider divorce cases first.

Where to go after the trial?

In the event of a positive decision on the claim, the parties are given an extract from the court decision, and the plaintiff additionally receives a writ of execution. After the entry into force of the court decision, the documents must be applied to the registry office. After paying the state duty (its amount in 2016 is 650 rubles), both parties can receive the original certificate of divorce.

With a writ of execution for the recovery of alimony, the plaintiff will need to contact the bailiff service, where an appropriate application is submitted and a package of necessary documents is attached.

If the registry office refuses to accept the application (which happens very rarely), you should find out the reason for the refusal and, if it is illegal, contact the prosecutor's office.

In our article, we will try to explain in as much detail as possible how to properly file an application for divorce and where to file it.

Where to apply: to the registry office or to the court?

An application for divorce is submitted to any of the three indicated instances.

A statement of claim for divorce, filed in a court of general jurisdiction, is similar in form to what is written to a magistrate, but it must describe in detail the essence of the dispute that arose between the spouses. Usually, when filing such an application, plaintiffs turn to the services of lawyers who will help take into account all the subtleties of these difficult cases. You do not need to write in a statement about your feelings and all claims against your spouse who has become disgusted. The court is only interested in the facts.

A little bit of statistics

According to statistics, now every second marriage breaks up. Ten years ago, every third broke up.

After applying

If you filed an application with the registry office, then the consideration takes one month, after which at the appointed time you need to come again and receive a divorce document.

If you went to court, then if there are any violations, the court will be able to refuse to accept your application, return it or leave it without movement. Any of these decisions will be notified to the applicant in writing.

If the petition for divorce is drawn up and filed correctly, then the judge will make a ruling on accepting it for proceedings.

After that, there is a stage of preparation for the court session, during which all the circumstances of the case are studied in detail and the participants in the process are summoned to court. IN court session the judge finds out whether there are sufficient grounds for the dissolution of the marriage and whether further Cohabitation spouses is impossible. If one of the spouses continues to oppose the divorce, the judge grants time until three months for their possible reconciliation, after which he appoints a second meeting. If reconciliation does not occur, the court issues an order to dissolve the marriage.

Getting a divorce without the consent of the spouse is a little more difficult than with mutual consent, but possible.

If either spouse disagrees with the court decision, it can be appealed to a higher judicial authority.

With the court decision that has entered into force, you need to contact the registry office and obtain a document on the dissolution of the marriage.

What documents will be asked

In the event of a divorce, the registry office will require each of the spouses to:

  • a statement of a certain type;
  • passport;
  • marriage certificate;
  • metrics of children (if they are born from this marriage);
  • receipt for payment of state duty.

If the application is submitted by one spouse in the presence of the above circumstances, then you will need to attach additionally:

  • a court decision declaring a spouse incompetent or missing;
  • court verdict on the husband's conviction.

If an application for divorce is filed with the court, then the following are additionally required:

  • claim for division joint property and determining the place of residence of joint children;
  • a power of attorney, if the interests of the divorcees in court are protected by their representatives;
  • a receipt for payment of an additional state duty, if issues of common property and children are resolved in parallel with the divorce.

How to withdraw an application

To withdraw an application from the registry office, it is enough for both spouses to come there and write another one, indicating the reasons for changing the decision. If only by that time a month had not passed, after which the marriage would already be read terminated.

You can withdraw an application from the divorce court at any stage, but it is advisable to do this before it is accepted by the judge in proceedings.

If you have any questions about the divorce filing procedure, you can ask them in the comments.

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The situation when a wife and husband can no longer live under the same roof can be found all the time. In this case, it is better not to torment each other, but to learn how to file for divorce. According to the law, a marriage can be canceled in the registry office or in court. In this article, we will consider these two options, and also find out what to do if the spouse (wife) does not agree to a divorce.

Termination through the registry office

This procedure is quite simple: the spouses only need to submit an appropriate application to the registry office, and the marriage can be dissolved. However, it is worth remembering that this institution will not study the circumstances that led to the divorce, will not look at the evidence, will not question any witnesses. The duration of such out-of-court divorce proceedings is about a month, sometimes a little more.

Peculiarities

At the same time, you can apply to the registry office to get a divorce under the following circumstances:

The couple has no minor children (this also includes adopted children).

Neither spouse opposes the divorce and they have filed joint statement established pattern. Such paper can be submitted to the registry office, where the husband and wife signed, or at the place of residence of the married couple or one of the spouses.

How to file for divorce if one of the spouses cannot go to the registry office?

If the wife (husband) is seriously ill, is on a long business trip, serves in the army, lives in a remote region, etc. and does not have the opportunity to personally come to the registry office, the spouses can draw up two separate applications for divorce and submit them to the registry office (however, the signature of the absent spouse must be notarized).

Exceptions to the divorce procedure through the registry office

If the family has minor children (meaning - joint), then one of the spouses has the authority to submit an application to the registry office if the other spouse:

Is in prison and sentenced to more than 3 years in prison;

Recognized as incapacitated (exclusively by a court decision);

Missing (Missing) given fact must also be recognized by the courts).

The procedure for divorce in the registry office

    Application by spouses.

    After providing such a paper, the spouses are given 1 month, so to speak, to think. Only after the expiration month term spouses can be divorced.

    If for given period the couple does not withdraw their application, then the employees of the institution make an appropriate record of the dissolution of the marriage, and now the former spouses are provided with a certificate of divorce. In addition, a note is entered in their passports about If a wife or husband wants to return their premarital surname, then they will have to change their passport.

    Divorce through court

    You need to file for divorce under the following conditions:

    Divorce;

    If one of the parties agrees to divorce, but does not come to the registry office (refuses, for example, to file for divorce);

    There are children under the age of 14 in the family (only cases are not taken into account if one of the spouses is incapacitated, missing, convicted of a crime for more than three years).

    Trial

    The judicial procedure for terminating a marriage depends on each individual situation. The following factors will be important: whether the wife (husband) agrees to a divorce, whether there is a dispute over the upbringing of common children, property disputes, etc. For example, if a couple has children in common, but there is no dispute about their upbringing, then you can file a lawsuit with a justice of the peace. If there are disagreements about the communication and upbringing of children, then an application for divorce is filed with a court of general jurisdiction.

    Divorce lawsuit

    Now let's figure out how to file for divorce, and where to go:

    It is possible to file a claim in the locality where the defendant lives, or at the location of his property (if the exact place of residence of the defendant is not established);

    At the place where the plaintiff lives (this can only be done by agreement of the wife and husband, if the plaintiff's condition does not allow him to come to the place of residence of the defendant, or minor children live with him).

    Compiling a claim

    The claim must be made concisely and competently. The reason for the divorce can be indicated as follows: as a result of certain disagreements (specify) between you and your husband (wife), marital relations have ceased, you do not run a common household, and living together became impossible. Other reasons can be given as well. In addition, along with the claim, you need to file documents for divorce:

    Marriage certificate;

    Information about the income of the wife and husband;

    Birth certificates of children;

    An application from the defendant for consent to divorce (this document is not required to be submitted, but if it is not, the defendant must be present at court hearings);

    Receipts for the payment of state duty.

    The procedure for judicial dissolution of marriage


    Summarize

    We have found out how to file for divorce in court and pre-trial. As a rule, the dissolution of a marriage in itself does not cause great difficulties, the situation will be much more difficult when you start to divide property or collect alimony.

one of five couples is currently being bred in our country. This may be caused various reasons, including incompatibility of characters, and lack of mutual understanding, and many other various reasons leading eventually to divorce. In such a situation, the spouses have a question: how to file a divorce through the registry office as painlessly and quickly as possible? The most suitable option for these requirements would be to contact the department of records of acts civil status(MARRIAGE REGISTRY). But it should be understood that divorce through this state institution is not always possible.

The concept of divorce

What is marriage, understand many. This is a registered authorized government bodies the union of the stronger sex and the weak, based on mutual understanding and love. Divorce, respectively, is the dissolution of this union or marriage.

Such measures are due to the fact that currently more than eighteen percent of married couples separate before having lived together for three years. Many in their passports have several stamps about marriage and its dissolution, many know how to file a divorce through the registry office. And although ending a union between a man and a woman is now not particularly difficult, requiring both spouses to file for divorce can in some cases save the relationship by giving spouses Extra time for contemplation.

The term of the divorce process in the registry office

Of course, all divorcees are interested in the question of how long they will be divorced. The legislation establishes that no more than thirty days should pass from the moment the divorce application is filed to the moment when the registry office employees must provide a certificate of divorce. It would be possible to shorten this period, but the legislator decided to make it longer in order to give at least some time to a man and a woman to think about their act. It's no secret that quite a large number of married couples turn to the registry office in emotional arousal, for example, after a quarrel. A period of 30 days allows the spouses to cool down and not make rash decisions.

The term of the divorce process is established by laws, it cannot be changed by anyone. If the spouse wants to extend this period, you will need to go to court. There, the case can take up to several months. For the desire of one spouse is enough. If the other does not agree to this procedure, the court will still be forced to dissolve the marriage. Although there are some exceptions and nuances in the judicial divorce process.

The practice of divorce proceedings in different regions of Russia

If the spouses decide not to divorce during the indicated period, then it is enough for them simply not to come to the registry office anymore for certificates of divorce.

The union would be kept but paid for by the spouses National tax will not be returned to them. If the couple does not change their decision during this time, then only one spouse can appear to receive a certificate of divorce.

But it is desirable to pay special attention to the fact that such a practice does not exist in all subjects. Russian Federation. In some cases, in order for the marriage to be saved, after submitting the application, the spouses need to re-apply to the registry office and withdraw their application. If the spouses do not do this, then after 30 days the marriage is terminated automatically.

Divorce in the registry office on the grounds provided for by law

Divorce in the registry office on any of the previously listed grounds requires the provision additional documents and taking certain actions.

When family union is terminated with an incompetent person, the second spouse needs to obtain a conclusion from a psychotherapist. Instead of a legally incapable person, an application for divorce can be filed by his guardian, who is a legal representative, a certificate from the medical institution where the sick spouse is located can be submitted to the registry office.

When dissolving a marriage with a person sentenced to deprivation of liberty, it should be taken into account that such a divorce is possible if the term of deprivation of liberty is more than 3 years. This must be evidenced by the judgment of the court.

Termination of a marriage due to death will require the presentation of a death certificate of the spouse, and a divorce with a missing spouse - a certificate from the internal affairs bodies or a corresponding court decision.

Marriage relations, including divorce, in Russia are regulated by the Family Code, as well as other legislative acts.

If the decision to divorce is ripe, the first step on the way to it will be the preparation and filing of an application for divorce. By mutual agreement, it is submitted both spouses, and in the absence of consent, the complaining party will be considered the plaintiff. At the same time, in general case The application can be one of two types:

Sample applications for divorce by court order are often posted in courts. Based on them, it is recommended to prepare your individual application with a description of the reasons and other individual information. At the same time, documents are submitted to the registry office in a single form approved by Decree of the Government of the Russian Federation dated October 31, 1998 No. 1274 “On approval of forms for applications for state registration 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 “registration of acts of civil status”) and the court. In the first case, the dissolution of the marriage 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 terms of the division common property and on other issues (in other words, if they are not allowed to divorce in the registry office by law).

  • If the parties have maintained relations that allow them to agree, there are no irreconcilable disputes, the couple has no minor offspring, she can divorce in a simple and civilized way by submitting an application to the registry office (paragraph 1 of article 19 family code(SK) RF). It is signed by 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 a divorce or avoids going with a statement to the registry office (Article 21 of the RF IC). As part of a divorce suit, 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 can implement a divorce in this way if the second partner incapacitated, in prison or missing.

For citizens residing abroad, the powers of an employee of the registry office in accepting an application and registering a divorce can be performed by 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 disappeared in an unknown direction, does not live with his family, does not give 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 file an application with the judicial authority to recognize him as missing, and then go to the registry office with this decision to get a divorce. Or immediately apply to the court for divorce at the last known place of registration of the spouse. The lawsuit should indicate that the whereabouts of the husband is unknown. The court will apply to the passport office at the known address of the spouse's residence to verify the information.

Application for divorce at the registry office

You can declare your desire to get a divorce by submitting an application to the nearest registry office. The document is prepared in two copies. It does not require giving reasons why people get divorced. The submission must include both spouses, consenting to the dissolution of the marriage, or one, if unilateral divorce through the registry office is acceptable.

  • Application preparation means writing it according to the established pattern. TO this document Copies of passports, marriage certificates, as well as a receipt for payment in the original are attached. The latter is paid by both spouses in case of divorce by mutual agreement and by one, if the dissolution of the 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 by 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, article 19 of the RF IC).

Sample application for divorce by mutual consent

In case the termination marital relations going on 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 imprisonment for more than three years, then an application is submitted in form 9, allowing divorce in unilaterally through the registry office. The completed form is signed and submitted to the civil registry office solely by the second spouse (for example, without a husband).

Read the content and download the sample application for unilateral divorce

Complaint for divorce in court

Before submitting an application, you need to determine (global or regional, at the place of residence of the applicant or defendant?), formulate requirements and collect required documents copies of which must be attached to the claim. At the same time, all documentation is prepared in duplicate(separately for plaintiff and defendant).

  • Preparation statement of claim involves the collection of documentary evidence (copies of passports, marriage and birth certificates for children, documents for jointly acquired property, if the latter is necessary). The claim must contain: the full 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 marriage each has, whether there are children and data about them. The reasons and circumstances of divorce, requirements are stated.
  • Filing an application to the court implies an appeal to a justice of the peace if there is no dispute between the spouses about children or if it is necessary to divide property worth not more than 50 thousand rubles. If you need a division of property 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 to the court, you will also have to pay for filing a claim.

Example. When applying to the court, a spouse seeking a divorce, in addition to the basic requirements for divorce, may indicate in the application accompanying ones if they relate to the area family law. Among them may be questions about the payment of alimony for children or a spouse who is deprived of the ability to earn money (incapacitated), 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 on the division of property. However, with an increase in the list of requirements, the time for consideration of a claim may increase significantly, as well as the amount of the state duty. The amount of the latter depends on whether the division of property will be considered during the divorce, and on the price of this property.

Legal and arbitrage practice shows that the divorce claim should be considered separately from the rest of the requirements. This will allow you not to drag out the case and not miss important details of each issue.

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

The moment of termination of marriage upon its dissolution

When applying to the registry office, the moment of divorce is considered the day the divorce was registered in the registry book. Court proceedings assume that the family union will be considered terminated from the date the court decision comes into force. In the latter case, divorce is also necessary register at the registry office in order to receive .

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

When considering a case in judiciary If there are irreconcilable disputes, the period may be significantly delayed.

Conclusion

  • For 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 not able to answer for his actions, or is missing.
  • You will have to get divorced through the court if the family has offspring under the age of majority, one spouse does not want to dissolve the marriage or actually evades filing for divorce.
  • Confirming documents (copies of passports, certificates of marriage and birth of children, etc.) are attached to the application for divorce.
  • When applying to the court, it is recommended delineate requirements, if there are more than one, and file a separate claim for each (for example, for divorce and alimony).
  • The moment of divorce is considered the date of its entry in the register(when contacting the registry office).
  • In case of divorce through the court, the marriage will be considered terminated from the date of entry into force judgment.

Question answer

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

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

Yesterday there was a court on dissolution of marriage with my wife, I acted as a plaintiff. We were divorced, but I changed my mind! Is it possible now to withdraw the application for divorce or come up with something else?

The only thing you can try is to file an appeal. But if the court granted the claim, it is unlikely that anything will change. Get . Then try to persuade ex-wife marry you again.

My husband and I live in a jointly purchased apartment, we have a 1.5-year-old daughter. For the past few months, the husband has been drinking, returning in the morning and making a row with the child. No persuasion helps, he does not give money for a child. Can I file for divorce if only I want it, but he is against it?

Divorce is your right. Write a statement in which you appeal to the justice of the peace, 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, 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 lawsuit for divorce and at the same time for the division of property in the district court. But it is better to get a divorce first, and only then to divide the property.