How much time is given for deliberation during a divorce? Serious property disputes. Family Code of the Russian Federation on divorce

For spouses with minor children, divorce must be filed in court. The simplified form of divorce through the registry office is not used.

What is the procedure for divorce through court? It largely depends on the ability of the former spouses to maintain prudence in the divorce process, leave behind mutual reproaches and grievances and concentrate on the main thing, namely the future of their children.

A civilized divorce process involves the conclusion between the parties of an agreement on alimony and the participation of parents in raising common children.

In what cases is it necessary to get a divorce through the court?

The legislation provides for some situations in which a marriage can only be dissolved in court. All of them are listed in the Family Code:

• the couple has a common child under 18 years of age or children;
• one of the spouses refuses to end the marriage or does not appear at the registry office.

In practice, these conditions can be combined with each other. But even if both spouses with minor children want to divorce, the marriage will be dissolved in court. The fact is that the court must protect the interests of children during a divorce and determines their future place of residence, the procedure for upbringing, and payments for alimony obligations for the maintenance of the child.

Parents can make the court's job easier by entering into an agreement about their children's future. This will shorten the trial period. But the parties cannot always reach agreement on controversial issues, then it is up to the judge to make a decision about the prospects of the children of the former couple.

If one of the spouses does not agree to divorce, the legal process may drag on. The judge must give the couple a chance for reconciliation, for which he sets a special period for resolving differences (usually one to three months). During the specified period, the couple can reconcile, then the divorce process stops.

She will be given a divorce when it is determined that further coexistence of the married couple is impossible.

In a situation where both spouses are in favor of dissolving the marriage, the judge dissolves it without clarifying the motives of the parties.

Otherwise, one of the parties must describe in detail the reasons that prompted her to divorce. In the absence of mutual agreement, at least two court hearings are usually required.

The legislation does not regulate the reasons for divorce. This could be infidelity, alcoholism, gambling addiction, disagreements on financial issues, violation of the terms of an agreement between a couple, or a discrepancy in life guidelines.

In some cases, it will be necessary to attach evidence confirming the impossibility of further coexistence. These are, for example, medical certificates about beatings, witness statements, etc.

When one of the spouses ignores court hearings, the law provides for unilateral divorce through the court.

The main stages of divorce through court with children

Filing for divorce

The first stage of divorce is filing a claim in court. Not only the spouse, but also his guardian or prosecutor can file for divorce. The law provides for one restriction for spouses when filing a claim: the husband cannot divorce while the wife is pregnant and the child is under one year old (even if he was stillborn). In such a situation, it is necessary to obtain the wife’s consent.

The procedure and rights of the parties when filing a claim are recorded in Articles 22-24 of the Code of Civil Procedure. It is filed at the place of residence of the defendant (or location of the property), which may coincide with the address of the plaintiff. If the plaintiff is sick or his children are under 18 years of age, he has the right to file a claim at his place of residence.

In addition to the statement of claim, you will need to attach a package of documents. In general, it will include:

• plaintiff's passport;
• marriage/birth certificate;
• marriage contract;
• income certificate;
• receipt with paid state duty;
• power of attorney for the representative of the plaintiff or defendant;
• an extract from the passport office confirming cohabitation with children;
• agreement on the future place of residence of children and child support;
• documents for joint property;
• other documents confirming the legitimacy of the plaintiff’s claims.

Not all of the above documents are included in the list of mandatory ones.

After filing a claim, divorce proceedings are scheduled. It will be held in at least a month. The spouses will have to be notified in writing of the date and place of the divorce proceedings.

Which court is the lawsuit filed in?

Permission to end a marriage can be obtained from a magistrate or district judge. Most couples get divorced through a magistrate judge. But if there are disagreements between the spouses regarding (for example, regarding the financial support of common children), then the claim is filed in the district court.

Proceedings in the district court are a longer and more energy-intensive process, so it should be resorted to only in the most extreme cases. The parties should resolve all disagreements before filing a claim and enter into appropriate agreements on the procedure for collecting alimony, exercising parental rights, etc.

This is a prerequisite for transferring the case to the magistrate's court.

Progress of the trial

When divorcing through the court with children, the procedure for dissolving the marriage depends on whether the spouses come to the courtroom.

If the spouses do not appear, then the judge will simply close the case, because will consider that the couple has decided not to divorce.

If one divorcing spouse does not appear in court, the judge will find out the reasons for his absence. In any case, the first meeting will be postponed. Usually the judge sets a period for reconciliation. But if the second party points out important circumstances that explain its absence, then the court may postpone the second hearing for a longer period.

But when one of the spouses again fails to appear at the second meeting, the court has the right to make a decision in absentia.

If there is an agreement between the spouses on the division of property and the future provision of children, the judge can divorce the couple in one meeting. To do this, both spouses must appear at the trial.

Obtaining a court decision

After considering the arguments of the parties, the court leaves to make a decision. Only the operative part is announced to the parties to the process.

The court document with the full text is served on the parties 5 days after the decision is announced. It will contain such aspects as the further place of residence of the children, the amount of alimony, financial obligations to support the spouse (if the child is under 3 years old), and the conditions for the division of property.

The decision will come into force in a month if the parties do not decide to appeal it within the specified period.

The divorce must be registered with the civil registry office, after which the spouses will receive a divorce certificate within a month.

The course of the judicial process for couples with children is in many ways no different from the procedure that applies to childless families. Apart from the nuance that the court considers such important issues as:

• who the children will live with;
• What will be the procedure for alimony payments?

These issues are considered in parallel with the divorce process. The spouses themselves can reach an agreement on them, or demand that the court resolve the current situation.

Who will the children stay with? Usually the rule is that small children under 1 year old are better off living with their mother. But the court may make a different decision. When issuing it, the personal preferences of children (over 10 years old), living conditions of parents, their moral qualities, absence of bad habits, financial situation, etc. may be taken into account.

The responsibility for maintaining children rests with the parents. The amount of alimony can be established voluntarily and compulsorily (judicially). In the latter case, one of the spouses will contribute monthly from ¼ to ½ of their earnings, depending on the number of children they have together.

The ex-wife herself can collect alimony for her maintenance if she is on leave to care for a child under 3 years of age and is unable to provide for herself financially.

Time limits for filing a divorce through court

The duration of the divorce process averages from 2-6 months and depends on factors such as the consent of the parties to the divorce, disputes regarding the future residence of children and the division of property.

If both spouses agree, they will be divorced in about 1.5 months during a single meeting. According to the laws, a divorce cannot be finalized in less than a month. In some cases, 2-4 meetings may be required, and the process will last more than 3 months.

Complaints about the illegality of a court decision can extend the process for another 2 months, the presence of errors and typos in documents - for another 2-3 weeks.

Also, indirect reasons affect the timing: the judge’s workload, ignoring the hearings by any party.

Cost of divorce through court in 2017

There is no clear answer to the question regarding the cost of divorce. It consists of the following components:

1. Amount of state duty for divorce. In 2019 it is 650 rubles. from each spouse.
2. State fee for filing a claim for division of property. It is calculated from the price of the claim.
3. The cost of notary services for certification of legally significant documents.
4. Cost of legal support for divorce.

The cost of a divorce largely depends on the circumstances of the case and the need for qualified legal assistance.

Thus, a marriage with children is dissolved in court. Divorce proceedings in the presence of children have their own specifics: the judge must take into account the interests of minor children and determine the procedure for their upbringing and financial support.

According to Russian law, an application for divorce can be filed with the registry office or in court. The procedures are slightly different from each other. Those who are married to no children or whose children have already grown up go to the registry office, i.e. they turned 18 years old. In addition, through the registry office, if:
by a court verdict, convicted of a crime and sent to a colony for a term of more than 3 years,
declared missing or missing.
Those who have minor children or if one of the spouses does not want to get a divorce should get a divorce through the magistrate's court.

Divorce in the registry office

Commanders of military units, heads of correctional institutions, captains of ships, chief doctors of hospitals, etc. have the right to certify signatures.

Divorce in court

If a demand for division of property is filed at the same time as the divorce, the time frame may be more extended. After all, you will have to provide additional evidence and call witnesses.

Sources:

• Family Code of the Russian Federation

The legislation of the Russian Federation provides for several methods of divorce. For persons who do not have common minors children, with mutual consent, divorce is provided for in the civil registry office. This procedure is simplified and will certainly require less time and effort than divorce in court.

Instructions

Select the following documents: a passport of both spouses or another identification document, a marriage certificate, as well as a receipt for payment of the state fee, the details of which you can find out at the registry office.

Stumbling child

If the family has a common child, mom and dad won’t be able to “scatter” in the usual way. The state immediately enters into the process, protecting the rights of the minor citizen. The procedure for this process is as follows:

One of the spouses writes an application to the magistrate's court of his district or locality, where he asks to dissolve his marriage, indicating a good reason. For example, the impossibility of living under the same roof due to the inappropriate behavior of a spouse, the presence of a second family, or refusal to support a joint child.

Three documents are attached to the reasoned application - the original marriage certificate, a copy of the child’s birth certificate and a state duty receipt for 400 rubles.

But if the defendant is sentenced to a term of three years or more, is declared missing in court or is incompetent, the state duty is 200 rubles.

Before going to the court office, obtain copies of all documents in advance. And ask the secretary to make sure that you gave her exactly the documents that are needed. Don't forget to also write down the phone number, first and last names of the judge and secretary.

All rise, the court is in session!

After some time, the plaintiff and defendant will receive summonses with the dates and times of the court hearing. By the way, it is not recommended to bring a child with you, especially a young one, which young and inexperienced parents sometimes get carried away with. It certainly won’t be able to help, but it can easily hinder, especially the judge! It is better to invite an experienced lawyer.

Contrary to the opinion of some ordinary people, a quick divorce usually does not happen. Even after carefully studying the statement of claim, which is usually written chaotically and emotionally, the judge will definitely ask both parties to speak and inquire about the motives for the divorce. After which he will offer to make peace, giving a period of one to three months.

The basis for reducing the period for reconciliation of the parties may be so-called valid reasons. For example, when those getting divorced have not lived together for several years or are in a civil marriage with other people.

But if the intra-family situation does not change for the better, the conflict is not settled and the plaintiff does not disavow his statement, the magistrate will have the right to announce the decision on divorce, giving the losing party a period to appeal.

Mutual agreement

Having learned that the legal spouses could not agree, the judge may not find out the motives and limit himself to rendering a verdict. In a situation where it was not possible to reach an agreement, including on the maintenance of the child, the judge will have to decide: with whom exactly will he live, which parent is obliged and in what amount? It will also be necessary to consider, in the event of such a requirement, the issues of division of jointly acquired property and maintenance of the second spouse in case of his incapacity for work.

Half for you and half for me

The judicial procedure for dividing property is almost the same. The main difference: the size of the state duty here is not fixed. It depends on the total value of the disputed property. If the parties disagree, the judge has the right to decide to conduct an examination.

You fall in love, become friends, and finally realize that it’s time to do one of the most important things in life - file a petition. What should young people know when deciding to become a family? Is it so easy to get on the list of newlyweds?

The most important question that puzzles people is how many months in advance they need to submit an application to the registry office. Documents are accepted a maximum of two months before the expected date of marriage. This period may be shorter if you have compelling reasons provided for by law. These include pregnancy or any health problems. In this regard, according to the legislation of the Russian Federation, the registry office is obliged to reduce the time limit for providing certificates even to several days.

Application Rules

An important issue will be changing the surname. In most cases, the wife takes the husband's surname, but there are cases where the family decides to live under a double surname or the wife's surname. There will be no problems with such a desire, since everything is provided for by law. All this is stated in the application on the day of submission.

Arriving at the registry office, you will have to fill out forms and the application itself. It contains all passport data. If either of you was previously married, it is important to obtain a divorce certificate. Without it, problems may arise with the acceptance of the application.

Misconceptions

When people say that they will get married on a certain day and there is a long time before this event, they most likely have just planned and are now in the engagement stage. Their application could not be accepted.

There is no common-law marriage and there is no need to apply. It only implies cohabitation and does not imply any obligations.

One person can apply. To do this, you need to take an application from the registry office in advance, which your partner will fill out. Then it must be certified by a notary, only then is it valid and considered.

Submitting an application is not a free process; the state fee is 200 rubles and is paid at any bank.

On Sunday and Monday, marriage registration is not carried out, as well as on the last Thursday of the month - sanitary day. It is better to clarify such information directly at the registry office where you will register. On Fridays and Saturdays, weddings are usually held.

You can get married without a ceremonial march, so everything will go much faster. You simply sign the application, your passports will be stamped and a certificate will be issued. But, of course, people want their wedding to be memorable both for themselves and for the guests.

Submitting an application to the registry office and getting married is a simple matter. Living your whole life with one person is much more difficult. But if you are ready, then feel free to go and wait your turn to officially register your family!

Registration of a marriage union is a joyful event. But it doesn't always end well. The thing is that more and more couples are getting divorced. The statistics of divorce proceedings in the judiciary are not encouraging. This situation is observed all over the world. Of course, Russia is no exception. Today we will be interested in divorce through the court. The timing of registration of the relevant act, possible problems and packages of documents for a successful appeal to the courts - we will study all this in full. The information provided below will help you cope with the task in the shortest possible time and without much difficulty. However, it is impossible to insure yourself 100% against legal troubles.

When they go to court

Under what circumstances is a divorce filed through court? The timing of this operation is ambiguous. Citizens can cope with the task very quickly, or they can meet in court for about a year. Therefore, we will first consider the key legislative aspects of the issue under study.

When do citizens need to go to court to dissolve a marriage? By law, this is done if:

• one of the parties is against officially terminating the relationship;
• there are property conflicts;
• the family has common minor children (including adopted ones);
• During the operation, it is necessary to assign alimony.

It is worth noting that in the absence of common children and property disputes, you can simply go to the registry office and register the divorce. This will significantly speed up the procedure.

What courts

Divorce of spouses through the court by mutual consent, as a rule, is not carried out. In this case, it is enough to go to the registry office. In particular, if the previously listed conditions are absent.

To which courts are divorce suits sent? You can go to:

1. To the magistrate. He considers it by mutual consent, provided there is no common property. It is allowed to have conflicts regarding the division of joint property in the amount of no more than 50 thousand rubles.
2. District Judge. This person will consider all “problem” situations. For example, resolving property disputes and determining the place of residence of minor children.

There are no more options for the development of events. Divorce of spouses through the courts is increasingly being carried out in district courts. This is normal, but you will have to thoroughly prepare for the procedure.

Brief instructions

Many people are interested in the procedure for divorce through the court. In fact, the instructions for implementing the task look simple. In real life, legal proceedings take a lot of time and effort.

To formalize the dissolution of a marriage, a person will need:

1. Prepare a package of documents for filing a claim. It will change depending on the circumstances. Possible extracts considered by the judges will be presented below.
2. File a claim for divorce.
3. Pay for the upcoming operation.
4. Submit a statement of claim to the judicial authority at the defendant’s place of residence. In exceptional cases, it is possible to submit an application taking into account your place of residence.
5. Wait for the court hearing.
6. Take part in legal proceedings.
7. Receive a court order with one decision or another.
8. Issue a divorce certificate at the registry office.

That's all. As already mentioned, at first glance it seems that there should be no problems. But in reality everything is not so simple. Often, the timing of a divorce through the court is not encouraging, and the upcoming troubles take away all the strength available to the parties. That is why parties are advised to prepare in advance for communication with judges.

Common reasons for contacting

What may be the grounds for divorce through court? Usually this:

• the desire of one of the spouses to end the relationship;
• the presence of disputes regarding the division of common property;
• registration of divorce for minor children;
• misrepresentation before the wedding (for example, keeping silent about whether the husband or wife has sexually transmitted diseases);
• application by the legal representative of one of the parties with a claim for divorce.

In Russia, marriage is voluntary. Only an officially registered relationship can be terminated unilaterally. No one will keep you in your marriage. Judges will simply give more time for reconciliation than registry offices.

Terms of consideration

How long does a divorce through court take? There is no clear answer to such a question. This is quite normal. Each situation is considered individually; citizens behave differently everywhere. Some people make peace faster, while others run away from legal disputes.

The time it takes to get a divorce through the courts can vary. However, the court hearing is usually scheduled no later than 10 days after filing the claim. This is the amount of time required by law to be allocated for consideration of one petition.

Length of debate

The length of time for a divorce through court with children is usually longer than without minors. The point is that the presence of a common child is the basis for a longer reconciliation between the parties. It is possible that at one time or another there is simply a crisis in the family that must be experienced.

In general, it takes at least 2-3 months to dissolve a marriage through court. This is how much the parties are given for reconciliation. The term for a divorce through court with children can increase to six months.

There are cases where legal disputes in divorce proceedings lasted for years. This is not the most common phenomenon, but it does occur in practice.

In any case, divorce through court is a long process. And if you agree amicably with your spouse on ending the relationship, you can often reduce the upcoming troubles to a minimum. Namely, a wait of up to one month. It takes so much time to file a divorce at the registry office.

Restrictions on termination of relations

Russian legislation protects citizens and their rights. Women and children are the categories that most often need support. And therefore, when the marriage ends, they have special rights and “bonuses”.

Citizens should take into account that it is not always possible to get a divorce through the court. And through the registry office too.

We are talking about situations in which the initiator of the operation is a man. A husband cannot file for divorce if his wife is pregnant. This rule applies until the common child turns 12 months old.

However, it is possible to cope with the task. This restriction applies only to men. Women can file for divorce at any time. There are no restrictions or exceptions for them.

Accordingly, in order to end the relationship if the wife is pregnant or has a newborn child, the initiator of the procedure must be the girl.

Deadlines for obtaining divorce certificates

Are you planning a divorce through the courts? Process times vary from 2 to 12 months. It all depends on the circumstances.

How quickly will citizens be issued a certificate of termination of marriage? Typically this paper takes 1 month to produce. If the marriage is terminated by court, you can pick up a certificate of the established form from the registry office in a few days.

More detailed information can be obtained from the selected registration authority. Sometimes divorce certificates are issued within a couple of hours. This is quite normal if the applicant has a court order to terminate the marriage relationship.

Important: in the situation under study, the registry offices only register the termination of the marriage, and do not make a decision on this issue.

Why is a court needed?

The timing of divorce through the court in Russia, as you may have noticed, varies. It was previously noted that the situation being studied causes a lot of trouble. So why do you need to get a divorce in court?

The judiciary helps:

• resolve property conflicts;
• assign alimony if it is provided for by law;
• protect the interests of minor children;
• determine with whom it would be better for the child to live;
• establish a schedule and procedure for communication with the other parent.

In addition, judges facilitate the implementation of the right to unilaterally dissolve marital relations. For example, if the husband or wife does not agree with the operation.

"Three no-show" rule

Some believe that you can avoid officially ending your relationship with your spouse if you don’t go to court hearings. After all, in order to make a decision, the judge must listen to both sides.

Actually this is not true. Unilateral divorce of spouses through the court is possible. And running away from court hearings is not a basis for dismissing a claim.

How long does a divorce through court take? It's hard to believe, but sometimes deliberately avoiding litigation speeds up the entire operation. This is due to the fact that the “three no-show” rule comes into force.

It lies in the fact that the court automatically divorces citizens on the plaintiff’s terms if the defendant fails to appear at the hearing three times without good reason. This practice is becoming more common. And the spouse who disagrees with the divorce may after some time unexpectedly notice that he has been divorced for a long time.

Basic papers

The time for divorce through court in Russia may vary depending on the situation. This is a fickle component that causes a lot of trouble. It is impossible to give a clear answer as to how long it will take to get a divorce through the court. This indicator is constantly changing.

As has already been said, you need to prepare for the trial. A huge role in the implementation of this task is played by the formation of a package of documents for filing a claim.

The plaintiff must include:

• petition for divorce;
• Marriage certificate;
• identification documents of the parties;
• paid fee for the upcoming case;
• a statement of claim with a detailed description of what is happening in the family.

These are mandatory statements that are needed under any circumstances. Further, the documentation package will change depending on the life situations existing in the family. Let's look at the most common of them.

Presence of property disputes

For example, let's prepare for a divorce through the court. The time frame for this operation is usually not too long. You can achieve success in just a couple of months.

To successfully carry out a divorce, a citizen must prepare:

• extracts for common property;
• receipts and checks indicating the acquisition of this or that property for personal or general funds;
• documents of title to property (deeds of gift, wills, contracts of sale, exchange, and so on);
• agreements indicating payment for services for reconstruction or major repairs of the property of one of the spouses.

It is worth noting that the personal property of a husband and wife is not divided. It can be considered common if you invest heavily in the repair or reconstruction of the property with common money.

Important: having a marriage contract will significantly speed up the procedure for officially terminating relations with your spouse.

During pregnancy

Are you planning a divorce through the courts? How long will it take to complete the task? For example, if a woman during pregnancy wants to end her relationship with her husband?

Typically, you need to focus on the standard duration of divorce proceedings - two to three months. The applicant will have to have with her not only the papers listed above, but also pregnancy certificates. They are issued in medical institutions where the woman is observed. It is advisable to order a fresh certificate. It will help confirm the presence of pregnancy, especially in the early stages.

Have children

Of course, the most problematic is the termination of the relationship between spouses in the presence of common children. There are rare exceptions, but we'll talk about them later.

The documents needed for a divorce through court with children are prepared in large quantities. Here you can present everything that characterizes the parties from the best or worst side.

Typically, to dissolve a marriage with a spouse in the presence of small children, the following is required:

• birth certificates for minors;
• any extracts that can confirm relationship with father or mother;
• documents indicating that the plaintiff and defendant have separate housing (a lease or social lease agreement will also be useful);
• certificates about the family composition of the parties;
• medical reports regarding the mental health of the husband and wife;
• characteristics from places of work or study;
• results of psychological assessment of children’s attachment to one or another parent;
• any materials that can prove the spouse’s deviant behavior or cultural lifestyle (photos, videos, correspondence, SMS, etc.);
• witness's testimonies;
• income certificates.

In Russia, children are most often left with their mothers. Separating minors is problematic even from a woman with an alcohol or drug addiction. Usually judges give time to correct the situation.

If the children's mother does not suffer from addictions and does not have mental illness, it is almost impossible to remove minors. Therefore, fathers only have to prove their adequate behavior in order to establish an order of communication with the child.

Important: if one of the parties committed a crime against a child or his parent, evidence of such an act can be collected. They will help not only to sway the judge in their favor, but will also allow them to deprive the negligent parent who violates his parental rights.

Features of divorce with children

We have studied the documents required for divorce through the court in one case or another. Usually the listed papers are sufficient for the successful implementation of the task. Additionally, you can attach peace agreements on alimony, living with children and division of property. Such certificates will speed up the divorce procedure.

Special attention is paid to cases where families have small children. Judicial debates take place in this case with the participation of the guardianship and trusteeship authorities. If necessary, an independent child psychologist is invited.

Children over 10 years of age have the right to vote at court hearings. The court will definitely listen to the child’s opinion on the divorce and take it into account. Children are usually asked about life in the family and their attachment to one or another parent. This helps determine the place of residence of minors without infringing on their freedoms and interests.

Children under 10 years old are also interviewed, but somewhat differently. This is usually done by a child psychologist. Such a technique is necessary in order to reveal children's fears, desires and needs. After all, minors may be afraid to admit what is really happening in the family.

Breastfed babies are usually left with their mothers. During this period, the woman is entitled to alimony.

Important: child support is not paid unless the relationship with the defendant father is proven.

An exception to the rule - divorce with children without problems

The time frame for divorce through the court in the presence of children in the social unit sometimes turns out to be extremely short - up to 2 months. When is this possible?

There is only one option for the development of events - provided that the natural children are not registered with their father. That is, there is no record of the child’s father in the birth certificates.

In such circumstances, children will be considered born to the female spouse. The father needs to prove and confirm the fact of relationship with minors. In reality, this is not always beneficial. Why?

As already mentioned, until the relationship with the defendant is proven, you do not have to pay child support. This is used by many men who want to forget about the “old family”.

Price

Now the time for divorce through the courts is clear. How much will you have to pay in one case or another for upcoming operations?

Filing a claim will cost 600 rubles. The money is paid by the plaintiff. The defendant is not charged a fee for court arguments.

After a divorce, you will need to pay 350 rubles (to each spouse) for the preparation of a divorce certificate. If you terminate the relationship initially through the registry office, you will need to pay a total of 650 rubles.

Results

We found out how a divorce is filed through the court. We also managed to find out how much time is allocated for reconciliation. The information presented will help you navigate the duration of court arguments and prepare for upcoming disputes.

The procedure for divorce through the court is not so difficult to remember. The main thing is to prepare in advance the necessary decisions. Based on them, one or another decision will be made.

The time frame for a divorce through court without children is shorter than with minors. And this fact will have to be taken into account.

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 divorce, then you can quickly.

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

Grounds for ending a marriage.
- When does one file for divorce in court? Conditions.
- Which court should I file for divorce in?
- Documents for filing for divorce through the court.
- How is the trial going?
- Divorce terms.
- Nuances of divorce through court.
- Grounds for termination of marriage.
- State duty and the cost of a lawyer’s services during a divorce through the court.
- Video.
- An example from judicial practice.

Grounds for termination of marriage

From the perspective of legislation (Article 16 of the RF IC), there are 4 grounds for termination of family relationships:

• Death of one of the spouses;
• Recognition of a spouse as deceased (by the court);
• Filing an application for divorce by one of the spouses (by the guardian of the spouse if he is incapacitated);
• Filing of an application for divorce by both spouses.

In the first two cases, the marriage is terminated at the moment the event occurs or the court decision enters into legal force.

When does one file for divorce in court? Conditions.

As already noted, is it possible to get a divorce both in the registry office and in court? But when exactly will 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);
• Reluctance 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 a husband and wife vying with each other about the impossibility of living together in the future, but they have at least one common child (a minor), they will still have to get a divorce in court.

In the second, everything is also clear: the husband or wife wants freedom, and, accordingly, his wife or husband expects speedy reconciliation and preservation of the family. The registry office will not divorce such a couple. The matter will be decided in court.

The third case is the most interesting: both spouses agree, but one of them sabotages the event in every possible way and simply does not show up at the registry office on the day appointed for the divorce. In this case, the person wishing to break off the family relationship will have to file a claim in court for divorce.

Which court should I file for divorce in?

As a general rule, divorce cases are considered by world judge– clause 2, part 1, art. 23 Code of Civil Procedure of the Russian Federation. If, during divorce proceedings, a 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 in court at the place of residence of the defendant, or the plaintiff, if the place of residence of the former 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 application rules. The initiator of the divorce will be called the plaintiff, the other party will be called the defendant.

The claim shall indicate the full details of both parties, including place of residence, grounds for divorce (formal condition), and also attach documents (copies):

• Marriage certificate;
• Children's birth certificates;
• Certificates of income, if we are also talking 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 sets a date for the first hearing. It cannot be appointed earlier than one month after the claim is filed by the applicant. The plaintiff and defendant receive a divorce summons by mail before the hearing. At the first meeting, the court finds out the attitude of the parties to the divorce, the reasons for the divorce, and the possibility of preserving the family.

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

In case of no-show...

If both spouses do not come to court, then the case is terminated and the family is preserved, but if there is only one, then first the judge finds out:

• Was the person who failed to appear properly notified and, if so, then;
• Was his reason for not appearing valid?

If the party has been duly notified and no request has been made to consider the case in his absence, then the judge may either reschedule the hearing to another date or hold the hearing in the absence of the person who failed to appear.

Two failures to appear are allowed (two postponements of the hearing); on 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 than 1 month(plus 1 month for the court decision to enter into legal force) from the moment the plaintiff submits the application.

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

If only one party has a strong desire to get a divorce, and the other, after the allotted period for reconciliation, did not appear at the hearing, and then did not appear again and again, then you will have to get a divorce for the whole 6 months from the date of filing the claim (plus 1 month for the court decision to enter into legal force).

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

Nuances of divorce through court

Family law of the Russian Federation provides the right to initiate divorce to both husband and wife, however, there are some nuances.

Thus, the husband does not have the right to file for his wife even a year after the birth of the child. The court will divorce a couple only if the spouse expresses a desire (Article 17 of the RF IC).

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

In the case of simultaneous division of property, along with the claim, it is advisable to file a petition to seize the property so that the defendant cannot realize it.

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

State duty and the cost of a lawyer for a divorce through the court.

Freedom has always been highly valued, literally and figuratively, so a person who decides to give up married life will have to spend money.

The cost of a divorce, excluding compensation (if any is provided for in the marriage contract), property consists of a state fee and the cost of services of a trusted person (lawyer).

There are three duty options depending on the conditions:

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

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

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 in the district court at her place of residence, indicating that she did not know where her husband currently lived. The spouse also filed for division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously made a demand to determine her permanent place of residence with her mother.

Stanislav did not appear at the court hearing. The court decided to postpone the consideration of the case for a month. Stanislav again failed to appear at the re-hearing, and the court again postponed the consideration of the case for a month. At the third court hearing, the husband came and stated that he did not intend to separate from his wife, but wanted to maintain the relationship for the sake of his daughter. The court set a deadline for reconciliation - 2 months.

Two months later, at the next meeting, the court decided to divorce the couple, leave the daughter to live permanently with her mother and assigned her alimony, dividing the property in equal shares, but it turned out that by the time the decision was made, the car had been sold and the spouses’ property amounted to one garage. Subsequently, Inna was unable to prove that she did not know about the sale of the car and was unable to cancel the transaction.