How to file a divorce: where and where to apply for a divorce. How to get a divorce quickly: formalizing a divorce in a short time

Most often, wives are the initiators of divorce - there are much fewer men who want to divorce their wife. People decide to divorce, as a rule, when they understand: the marriage is doomed, and the married couple can no longer live together. The most difficult thing to get a divorce is if you have a child: sometimes it is very difficult for children to understand the reasons for the separation of their parents. In this case, the procedure becomes much more lengthy and troublesome, and from a psychological point of view, divorce is perceived much more difficult. In this case, you should not be led by emotions and involve in the divorce proceedings, as this can lead to the development of neurosis in the child. And in no case forbid the child from seeing his father or mother after a divorce, this will cause irreparable damage to his psyche. To get a proper divorce, you should heed some practical advice.

1. If you are going to get divorced, coolly analyze the situation. Decide to divorce only if there is no other acceptable way out. If you nevertheless decide on a divorce process, try to translate it into a business and legal plane from the very beginning. Do not stoop to mutual accusations and humiliation.


2. Even if your relatives, friends or colleagues assure that your half is completely to blame for your divorce, do not follow their lead and do not try to take revenge on your spouse. The more cold-blooded you approach the divorce procedure, the more chances you will have to maintain a normal relationship after the dissolution.


3. It is possible to dissolve a marriage in the registry office only if the divorce is a mutual decision of the spouses, and they do not have common minor children. In this case, they need to contact the registry office and write a marriage statement. Usually spouses are given a month for reconciliation, and if during this time they do not change their mind, the marriage will be dissolved, in support of which they will be issued a divorce certificate.


4. It is also possible to divorce without the consent of one in the registry office, but only if one of the spouses has been declared incapacitated or missing, or, according to a court sentence, is serving a prison term (at least three years in prison).


5. If you have common children who have not reached the age of majority, or one of the spouses does not agree to a divorce, the marriage will have to be dissolved in court. It also comes to court in the case when there is a property dispute between (the issue of the division of property will be resolved exclusively in court). During the divorce court, the court takes into account the interests of each of the spouses and their minor children. Divorce of parents in no way should negatively affect the lives of children.


6. If one of the spouses changed his surname during the registration of the marriage, after receiving a divorce, he has the right to either restore his premarital surname or leave the surname received.


7. Remember that the divorce process is always easier and faster if you turn to a qualified lawyer for help in time - in this case, many problems and misunderstandings can be avoided.

   Related article

   Sources:

   • how to make a divorce

   As statistics show, the number of divorces is growing noticeably every year. That is why people try to make every effort to keep their families together.

   

   When should you divorce your wife?

   Men decide to divorce their wife in different situations.

   The reason for the divorce may be a new hobby for a man. If you started intrigue on the side and understand that your feelings for your mistress are much stronger and deeper than your feelings for your wife, you should not waste time and delay with the decision to divorce. The fact is that in this way you will torment not only yourself, your new beloved, but also your legal spouse. Of course, she will painfully perceive your decision, but this will be much more honest in relation to her.

   The second reason for divorce is your wife's new hobby. If you understand that your spouse is periodically cheating on you or plunged headlong into a new relationship, you better think about the fact that, most likely, it's time to put an end to it. Understand that keeping someone close to you who doesn't need you would be a pretty foolish thing to do. Surely you will not be able to achieve her reciprocal feelings. If a girl once decided to start an intrigue on the side, she destroys your trust, and without trust there can be no love. Your relationship will simply be doomed.

   Marriages do not always break up due to the appearance of third parties in them. A divorce decision can be made even when your significant other has become cold towards you or has stopped doing household chores.

   When should you divorce your husband?

   The reasons for divorce from a spouse may be similar, but some others can be added to them. For example, sometimes families break up because of the husband's bad habits. If your lover abuses alcohol, he is unlikely to become an exemplary family man and a good father. Even if you already have children, in no case should they look at how an intoxicated father is constantly with his mother.

   In addition, women often suffer from male assault. This behavior should not be tolerated. It is better to file for divorce and start life from scratch than to constantly endure humiliation from your beloved man.

   Remember, whatever the reason for your obsessive thoughts of divorce, before making such a difficult and responsible decision, you need to make sure that your relationship cannot be saved. Talk to your significant other, find out if she sees any ways to restore peace in the family. Most likely, by joint efforts you will still be able to mend your relationship and return your love.

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

• have minor children (common, relatives or adopted);
• the husband or wife refuses to end the marriage;
• one of the spouses refuses to apply or does not appear at the registry office.

How does a divorce take place through court

Who is eligible for judicial divorce

1. Any of the spouses.
2. The spouse's guardian, if the court has declared the spouse incompetent.
3. Prosecutor. He can file a lawsuit when it is required based on the interests of an incapacitated or missing person.

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

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

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

Which judge to apply to

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

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

Motives for divorce in court

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

The Family Code does not contain the motives for divorce.

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

Spouse against divorce

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

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

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

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

• witnesses (the plaintiff must apply to summon witnesses);
• written evidence (certificates from the trauma center about beatings, police records) - they are attached to the case.

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

How to divide children and property

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

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

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

Reconciliation and refusal to dissolve marriage

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

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

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

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

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

Terms of registration of a divorce

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

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

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

Circumstances that affect the processing time:

• family law norms (divorce is carried out no earlier than a month from the filing of a claim);
• norms of the Code of Civil Procedure of the Russian Federation (provide a period for appealing a court decision before entry into force);
• the workload of the court and the degree of efficiency of the mail, which notifies the parties;
• complaints about the illegality of judicial actions (may increase the processing time by another 2 months);
• correction of errors and mistakes (increase the processing time by 1-3 weeks);
• inaction of any party.

The cost of divorce through court

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

Both spouses pay this amount if:

• there is their consent to break the marriage, no children (minors), no property disputes;
• divorce is carried out in court.

Compliance with the divorce procedure is important in practice, due to the occurrence of legal consequences that may result from incorrectly executed documents. The moment of divorce affects the content of property rights to objects: whether they will be personal or joint, as when maintaining a relationship. Where to go to end family ties, how to quickly and correctly draw up divorce documents, is indicated in this article.

Where to file a divorce: registry office or court?

The legislation provides only two procedures for divorce:

• through the registry office;
• in a court.

The choice of instance depends on the circumstances. If they have agreed to divorce the common property acquired in marriage and do not have joint children, then they can contact the registry office. An application should be submitted to the office where the relationship was registered or to the address of permanent residence of one of the participants in the family relationship. The document is signed by two citizens at the same time, or if one of the spouses is on a long business trip or abroad, two separate papers are provided.

How to file a divorce through a registry office

In the absence of grounds for filing an application with the court and there is a general consent of the spouses, a document is submitted to the civil registry office.

When the other party is absent, cannot express his will due to incapacity, or is in places of detention, a divorce application is filed by.

How to properly file a divorce in court

If they have children or disputes about property, the spouses go to court to resolve the situation. Production can last from 1 month to several years if there are difficulties with paperwork or the procedure for allocating shares for common property.

Even if the couple has come to an agreement on all the points concerning the determination of the fate of the common property, but has children under the age of 18, the passage of the court procedure is mandatory. An agreement on all agreements signed by the parties can be submitted to the meeting. At any time before making a decision, the parties have the right to draw up an amicable agreement. Is it easier to file a divorce in court or is it easier to agree on all the financial aspects of a divorce? It is better to reach an agreement on the division of property out of court, saving time and money for paying state fees and lawyer services.

After the entry into force of the act, the former spouses apply to the registry office to verify the fact and obtain a certificate of divorce. The application is submitted on a special form for such cases for.

How to file a divorce unilaterally

By the will of one person, it is possible only in the following cases, when the court has established in relation to the husband or wife:

• incapacity;
• convictions with imprisonment for more than 3 years;
• missing.

When the spouses fail to agree on the allocation of shares of each of the property, the value of which is less than 50 thousand rubles, the dispute is referred to the magistrate's court. If the price is higher, and there are joint children, then the district court at the place of registration of the defendant will resolve the situation. Citizens who agree to divorce can draw up an agreement on the procedure for living and raising children, their material support, and submit this document for court approval. It is also allowed to conclude an amicable agreement at any stage of the implementation of justice in cases of this category. Claims for the payment of alimony or the offset of property against them may be made at a time. An example is the exchange of 1/2 of a share in an apartment by a husband for obligations to maintain a minor until a certain age.

How to file a divorce if you have minor children

The statement of claim is filed according to the rules. In addition to the grounds for terminating cohabitation and housekeeping, documents for children are provided:

• birth metric;
• information about the place of training;
• extract from the house book;
• if necessary - a certificate of earnings.

The claim is filed in several copies according to the number of parties. Usually, the guardianship authority acts as an interested party in the process. In cases when it comes to the negative attitude of parents towards the child, beatings, physical or psychological violence, the prosecutor's office is involved in the case.

In case of divorce of spouses, the court indicates how to formalize, protect the rights of the child and his interests. Housing conditions are checked, a comparison is made, whether they will change for the worse after the minor moves to another parent. Data on the material conditions of the children are requested,. On the other hand, when a person refuses to take up a child with the condition of permanent residence together, alimony payments are collected.

In court proceedings, the issue of changing the surname of a spouse or child after a divorce is also resolved.

If there is a dispute about the division of property, objects belonging to the child on the right of personal property are allocated from the total mass. They are not included in the list of the spouses' common property and remain in its use with the consent of the parents or guardians. He has the right to dispose of valuable things on his own upon reaching the age of majority, with early emancipation, marriage or work - from the age of 16.

Is it possible to file a divorce at the registry office if the children are from another marriage and are not adopted? When the child does not have a document on the recognition of paternity or maternity, the couple can apply to the state civil registration office to terminate the family relationship. Serving is not required in this case.

How long does it take to file a divorce?

When applying to the registry office, the procedure will take exactly one month. This is how much time is provided by law for the reconciliation of a married couple. If during this time the spouses do not apply for cancellation of the application, they will be automatically divorced.

A divorce process in court can take much longer. The time allotted for consideration of claims in the framework of the proceedings of the magistrate court is a month. The district authorities have been conducting the case for about 1-2 months. Judges have the right to extend these terms for valid reasons for an unlimited period: request for documents, summoning the parties, tracing property, invalidating transactions for the sale of common property, introducing conciliation procedures up to 3 months, etc. The court has no grounds for refusing divorce. If during the entire process the parties refuse to lead and express their will for an early separation, then an act of divorce will eventually be adopted.

How to quickly file a divorce

You can speed up the divorce process by filing a divorce application through the "Gosuslugi" portal. All actions are carried out online. To activate the service, an interested party or two citizens should register on the resource and go through personal identification. All samples of documents are presented on the site in electronic form. It is possible to pay or other payment systems via the Internet. It is necessary to contact the registry office after a month after sending the application to receive the original certificate of divorce.

When the divorce occurred on the basis of a court decision, a document is also filled out on the "State Services", but in a different form.

Not all married couples go through all stages of life's difficulties with dignity. The divorce process is a period associated with difficulties, and not only moral ones. There are also a number of questions, one way or another, related to the period of divorce. If you strictly follow all the instructions and do not make certain mistakes, a divorce can be filed quickly and at no extra cost.

What factors affect the speed of divorce and its registration

1. First, you need to figure out what the composition of the family is: perhaps it is a young couple who, after a short period of time, realized the impossibility of continuing the marriage relationship, or it is a couple who have children or have acquired this or that property for a long time, which in court will be recognized as jointly acquired.
2. Further, it is worthwhile to understand the question: is the fact of a joint solution of this issue real, or is one of the spouses one way or another preventing the dissolution of the marriage, or in fact cannot be in the place of the divorce proceedings. Here you can add a clause on the need to involve a professional lawyer, or both spouses are competent in the peaceful and independent settlement of financial issues. If there is nothing to share, then the divorce will be formalized faster than in the opposite situation.
3. If all the points are taken into account and an approximate plan for the development of events already takes place, you need to move on. Therefore, further specific terms and periods for divorces and trials (if necessary) will be indicated.

What to do to divorce your husband or wife as soon as possible

To answer this question, you need a clear understanding of the law. It is important to know that any non-compliance with the rules will lead to the divorce being declared invalid and illegal. It follows that all the rights and obligations of the spouses will remain in the same place and upon the conclusion of a new marriage, the latter will also be invalidated.

Therefore, if family law requires an appeal to certain authorities, then this is exactly what you need to do. At the same time, if possible, it is better to use the services of a legal organization that has experience in such cases and is in close contact with government authorities in order to submit documents correctly and on time.

Option one, divorce by mutual consent and without children: a young couple (husband and wife), without property and minor children.
In this case, both spouses must apply to the registry office and submit identity documents confirming the marriage, as well as the paid state fee. This is the most convenient option, within which divorce is carried out in a short time - all this is possible if there is mutual consent.

Option two, if you have a child: a married couple with a child under 18 years of age or acquired property during the marriage.
In this case, the marriage is dissolved only through the courts. Any appeal to other authorities can lead to the fact that the divorce is invalidated and this process can increase significantly in terms of time.

To speed up the divorce process through the judiciary, you need to prepare all the documents in advance. If you have minor children and have a peaceful agreement to pay alimony, you can contact a notary and conclude an agreement on the payment of alimony, this is done quite quickly.

The same path can be followed by regulating the issue of property. As part of the trial, you can conclude an amicable agreement. At the same time, the process can be accelerated by receiving summons in advance, so as not to postpone the court sessions to a later date.

Is it faster to get a divorce through the court or the registry office?

From the point of view of shorter terms, the process of divorcing a husband and wife through the registry office is faster and more profitable, since with the consent of both spouses, the divorce certificate will be received in a month. With some delays or problems with documents, such a process can double.

During the trial, the same terms are set for 1 month. However, it must be remembered that the term will begin to operate only from the moment the court makes a decision to initiate this legal proceeding, and this is an additional week to the specified term. In addition, do not forget about the entry into force of the court decision. To do this, you need to add another month to the total date. In total, a divorce in full can be achieved only after 2 months.
If there are difficulties or other unresolved disputes, litigation may take twice as long.

The information presented in this video can also help you:

Is it possible to get a divorce on the Internet?

In the world of modern technologies, the Internet plays an important role. With the help of a computer and free access to the Internet, you can contact this or that body without leaving your home. For this, there is a legalized and efficiently working website for the provision of public services. It is this method that is well suited for spouses who are in different cities or do not want to see each other due to some kind of conflict relationship, in such cases, divorce on the Internet may be the fastest option.

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 divorce in court.

Grounds for termination of marriage.
- When is it filed for divorce in court? Terms.
- In which court to file for divorce?
- Documents for filing for divorce through the 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 in 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 event or the entry into force of the court decision.

When is it filed for divorce in court? Terms.

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 the age of 18 (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 vied 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 in court 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 on 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 in 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 it is also about the collection of alimony;
• Document confirming payment of 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 Claimant and Respondent 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 time limit for reconciliation of the parties, usually 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 first 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, then 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) are allowed, with the third failure the court will be forced to make a decision.

Terms of divorce

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

Family legislation of the Russian Federation provides the right to initiate a divorce for both the husband and the wife, however, 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 property itself (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 motion for the seizure of the property so that the defendant cannot implement it.

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

State duty, and the cost of a lawyer in a 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 spouseswithout common minor children - 650 rubles from each of the spouses.
2) Upon dissolution of marriage judicially - 650 rubles from each of the spouses.
3) Upon dissolution of marriage at the request of one of the spouses if the other spouse is recognized by the court as missing, incapacitated or convicted of committing 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 province, 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 does 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 session 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 ruled 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 was unable to prove that she did not know about the sale of the car and could not cancel the deal.