To file for divorce what. Divorce in court: the procedure for divorce through the court. Pre-trial conversation during divorce: what they ask

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

What is the procedure for divorce through a court? In many ways, it depends on the ability of the former spouses to maintain prudence in the divorce proceedings, leave behind mutual reproaches and resentments and concentrate on the main thing, namely, the future of their children.

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

In what cases it is necessary to get divorced through the court

The legislation has provided for some situations in which it is possible to dissolve a marriage only in court. They are all listed in the Family Code:

• the couple has a common child under the age of 18 or children;
• one of the spouses refuses to break 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 in case of divorce and determine their future place of residence, the order of upbringing, payments for alimony obligations for the maintenance of the child.

Parents can make it easier for the court by making an agreement about the future of their children. This will shorten the length of the trial. But not always the parties can reach an agreement on controversial issues, then the decision on the prospects of the children of the former couple lies with the judge.

If one of the spouses does not agree to divorce, then the trial may be delayed. The judge must give the couple a chance to reconcile, for which he sets a special time limit for resolving the 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 established that further coexistence of a married couple is impossible.

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

Otherwise, one of the parties must detail the reasons that prompted her to divorce. In the absence of mutual consent, a minimum of two court sessions are usually required.

The legislation does not regulate the motives for divorce. It can be cheating, alcoholism, gambling addiction, disagreements on financial issues, violation of the terms of the agreement between the couple, mismatch of 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, testimony of witnesses, etc.

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

The main stages of divorce through court with children

Filing for divorce

The first stage of divorce is filing a statement of claim in court. Not only the spouse can file for divorce, but also his guardian or prosecutor. Legislation provides for one restriction for spouses when filing a statement of claim: the husband cannot divorce until the wife is pregnant and the child is under one year old (even if he was born dead). In such a situation, the consent of the wife must be obtained.

The procedure and the rights of the parties when filing a claim are fixed in Articles 22-24 of the Code of Civil Procedure. It is filed at the place of residence of the defendant (or the location of the property), it may coincide with the address of the plaintiff. If the plaintiff is sick or his children have not reached the age of 18, then 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, which in general will include:

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

Not all of the above documents are included in the list of required documents.

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

Which court is the claim filed to?

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

Proceedings in a district court are a longer and more energy-consuming process, so it is worth resorting to it only in the most extreme cases. The parties should resolve all disagreements before filing a statement of claim and conclude appropriate agreements on the procedure for collecting alimony, exercising parental rights, etc.

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

The course of the trial

In court divorce with children, the procedure for divorce depends on whether the spouses come to the courtroom.

If the spouses do not appear, the judge will simply close the case, since considers that the couple has decided not to divorce.

If one divorced 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. The judge usually sets a period for reconciliation. But if the second party points out important circumstances that explain her absence, then the court may postpone the second hearing for a longer period.

But when one of the spouses again does not appear at the second session, the court has the right to issue 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 sitting. This requires that both spouses appear at the trial.

Obtaining a judgment

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

The court document with the full text is handed over to the parties 5 days after the announcement of the decision. 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), the conditions for the division of property.

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

Divorce must be registered with the registry office, after which a month later the spouses will receive a divorce certificate.

The course of the trial for couples with children is in many ways the same as for childless families. Apart from the nuance that the court considers such important issues as:

• with whom the children will live;
• what will be the order of payments for alimony.

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

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

The responsibility for the maintenance of children rests with the parents. The amount of alimony can be established in a voluntary and compulsory (judicial) manner. In the latter case, one of the spouses will monthly give from ¼ to ½ of the earnings, depending on the number of common children.

Alimony can collect for its maintenance itself ex-wife if she is on parental leave under the age of 3 and is unable to support herself financially.

Terms of registration of a divorce through court

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

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

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

Also, the timing is influenced by indirect reasons: the workload of the judge, ignorance of the meetings by any party.

Cost of divorce through court in 2017

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

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

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

Thus, marriage with children is terminated in court. The divorce process in the presence of children has its own specifics: the judge must take into account the interests of minor children and determine the procedure for their upbringing and material support.

Divorce proceedings are the procedure for dissolving the official union of a married couple. It is produced both in the registry office and in court. Where divorce will take place depends on many factors (for example, having children together).

Divorce in the registry office

To divorce a couple in the organs, several conditions are necessary:

• mutual consent - it is expressed in the submission of a joint written application of the spouses, which indicates the desire to dissolve the marriage;
• there are no common children who have not reached the age of majority;
• no claims regarding the division of property.

In some situations, divorce proceedings can be formalized at the registry office even at the request of one spouse, regardless of whether they have common children or not. Such cases include:

Divorce in court. The first steps

If any disputes arise during the divorce, then the registry office is no longer involved in this procedure. The division of property, the decision of questions about who the children will live with, and about the recovery of alimony - all this is in the competence of the court.

To start the divorce proceedings, the spouse who wants to must file an application with the court at the place of registration or residence of the defendant. In exceptional cases (for example, poor health), this procedure can be carried out at the place of residence of the plaintiff.

Data that must be indicated in the application when the divorce proceedings are carried out through the court:

Documents required for divorce

In addition to the application, a package of the following papers must be submitted to the court:

• marriage certificate of spouses;
• birth certificate of minor children;
• documents or other papers in which the plaintiff's claims are announced, for example, about;
• in case of unwillingness or impossibility of personal participation in the divorce proceedings, a power of attorney is required for the person concerned;
• an extract from a personal account or house book;
• receipt of payment of state duty.

All documents and a statement of the desire to dissolve the marriage must be presented in duplicate or their copies. The first copy remains in court, the second is sent to the defendant's residence address. Both spouses are notified of the date when the divorce proceedings will take place.

In some cases, for example, during the pregnancy of the wife and for a whole year after the birth of the baby, the husband is prohibited from filing a lawsuit in court and is not considered by the court.

Divorce procedure

Divorce proceedings through the courts, more precisely, its sequence, is determined by the Family Code of the Russian Federation. The consideration of the case takes place, as a rule, through open sessions. But in some cases they can be carried out in a closed form.

The consideration of the application can be postponed for a certain period, which many call the time of reconciliation of the spouses. Its duration is determined in each case individually, but generally it does not exceed 3 months. Spouses can submit an application in which they will notify the court of their desire to shorten the period of reconciliation. In this case, you must indicate a good reason.

The divorce proceedings in court are terminated if, after the expiry of the specified time, the spouses do not appear at the next meeting. Also, the official break is canceled when they made up and submitted a statement.

Divorce proceedings: division of property

If, upon dissolution of the family union, the spouses cannot independently agree on who will retain this or that property, the court deals with this issue. But it should be borne in mind that not everything acquired in marriage will be joint. So, for example, property is considered personal when:

• it was acquired by one of the spouses before the official registration of the relationship;
• it is a personal thing (with the exception of luxury items and jewelry);
• it was presented or left as an inheritance.

The property will be considered personal even if it was acquired during formal marriage, whose husband and wife have lived separately for the last few years. In this case, it remains with the spouse who acquired it.

But the jointly acquired property, which, according to the laws of the Russian Federation, is subject to division between the spouses in equal shares during divorce, include:

• any income of the husband and wife;
• property that was acquired with general funds: this can include housing, cars, securities, etc.;
• government payments that do not have a designated purpose (compensation for harm caused to health, material assistance);
• any other property acquired during the marriage.

If it is necessary to resolve this issue by the court, a list of everything that the spouses cannot share peacefully must be attached to the application for divorce. Together with these papers, it is worth preparing documents confirming the cost of these things, which must be determined in advance by an independent expert.

As mentioned above, the legislation of the Russian Federation provides for an equal division of property between spouses. But under some circumstances (for example, imprisonment), the share of one of the spouses may increase or decrease.

If it is impossible to divide the property without violating its integrity (car, refrigerator, etc.), a decision is made to transfer it to one of the spouses in its entirety. In this case, the other half will be provided with the so-called compensation either in the form Money, or in the form of another thing to be divided.

If the spouses have various debts (for example, a loan for a car or other household items) and there is no independent decision to pay them, the court appoints the amount of payments to each of them.

Divorce in the presence of children

If a couple wishing to dissolve the marriage has a minor child (or several), and there is no agreement about who he will live with in the future, then the court will have to deal with this issue. This happens, for example, in cases where both parents express a desire to raise children. If the spouses independently agree on the procedure for communicating with the child and his place of residence, then the court does not interfere in these issues.

It is worth considering that such claims can be filed not only while the divorce proceedings are underway (in Russia), but also after it.

A parent who, after a divorce, will not live with a child, must pay alimony if the other spouse wishes. If an appropriate agreement on their payment has not been concluded between the baby's mom and dad, then the court sets the amount. As a rule, it is calculated from the amount wages alimony. So, for example, if there is one child, a quarter of the official income is charged, two - a third, three or more - 50%.

How long does a divorce process take?

The termination of official relations is a fairly quick process, but only if the spouses have no complaints against each other. In case of mutual agreement on the divorce, the court fulfills its obligations within 1-2 months. If the spouses have property or other disagreements, or one party does not want dissolution, then the divorce proceedings can last more than 3 months.

Divorce date

Officially, spouses are considered free from each other from the moment of the registration of divorce in the registry office (if it was carried out there) or the adoption of a positive court decision. Although in the latter case, all the same, the moment of the official severance of relations must be registered with the Civil Registry Office. Formally, while the divorce proceedings are in progress, and there has been no official issuance of a certificate of dissolution of the union, none of the parties can register a new relationship.

Who can help with divorce registration?

Divorce proceedings are very complex and painstaking business. Especially when it comes to misunderstandings between spouses. In this case, it is necessary to be guided not only by your emotions, but also by a whole set of laws designed to regulate marriage relations. It is very difficult for ignorant people to understand this. Therefore, any of the spouses can seek advice from specialists. For example, these cases are handled by a divorce lawyer or a family lawyer.

One in five married couples are currently getting divorced in our country. This can be caused by various reasons, including the incompatibility of characters, and the lack of mutual understanding, and many other various reasons leading in the end 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 the option of contacting the Civil Registry Office (ZAGS). But it should be understood that a divorce through this state institution is not always possible.

Divorce concept

Many people understand what marriage is. This is a union of the stronger sex and the weaker, registered by the authorized state bodies, based on mutual understanding and love. Divorce, respectively, is the dissolution of this union or marriage.

Such measures are due to the fact that at present more than eighteen percent of married couples separate without having lived together for three years. Many have several stamps in their passports about marriage and its dissolution, many know how to file a divorce through the registry office. And although the end of the union of a man and a woman is not particularly difficult now, the requirement for both spouses to file for divorce in some cases can save the relationship, giving spouses more time to think.

The term of the divorce proceedings in the registry office

Of course, all those who dissolve a marriage are interested in the question of how long they will be divorced. The legislation establishes that from the minute the application for divorce is filed and until the moment when the registry office employees must provide a certificate of divorce, no more than thirty days should pass. It could have been 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 over their actions. It's no secret that a fairly large number of married couples turn to the registry office in emotional excitement, for example, after a quarrel. A period of 30 days allows spouses to cool down and not make rash decisions.

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

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 to no longer come to the registry office for certificates of divorce.

The union will be preserved, but the state duty paid by the spouses will not be returned to them. If the couple does not change the decision of their couple during this time, then only one spouse can appear to obtain 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, in order for the marriage to be saved, after the transfer of the application, the spouses need to contact the registry office again, to withdraw their application. If the spouses do not do this, then after 30 days the marriage is dissolved automatically.

Dissolution of marriage 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 of additional documents and the performance of certain actions.

When the family union is terminated with the incapacitated, the second spouse needs to obtain a conclusion from a psychotherapist. Instead of the legally incompetent, 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 divorcing a marriage with a person sentenced to imprisonment, it should be borne in mind that such a divorce is possible if the term of imprisonment is more than 3 years. This must be evidenced by the verdict of the court.

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

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

Divorce or divorce can be filed in court or at the registry office.

The most detailed information on divorce. After reading this article, in 99% of cases you will be able to dissolve the marriage yourself, without the help of lawyers. Find out all about divorce, in what cases it is possible to dissolve a marriage in the registry office, and when you need to go to court, how a divorce happens in a magistrate's court. A lawyer is ready to answer any questions about divorce. We give advice on divorce free of charge.

Download forms of documents and sample applications, examples of court decisions on divorce. After studying the presented material, you yourself will become specialists in divorce and can even give advice to your friends and acquaintances.

What is spouse divorce

An official divorce is the dissolution of a marriage between spouses. It is not enough just to disperse to different apartments, stop communicating and run a joint household. Divorce means that it happens in the prescribed manner, with the receipt of official documents confirming that the marriage is terminated.

Only those spouses who entered into it through the registry office can dissolve a marriage. The word divorce is not used in family law, it is colloquial. It is correct to say, and even more so to write in official documents - divorce.

It is possible to end a marriage not only by its dissolution, the marriage is terminated in the event of the death of a spouse, and in some cases it is possible.

Divorce procedure in 2019

For divorce, the desire of one of the spouses is sufficient. If the husband or wife wants to divorce, then the marriage will be dissolved in any case. Nothing here depends on the desire of the other spouse, but he can delay the time of the official divorce.

An exception to this rule is the period of pregnancy of the wife and the period of one year from the time of the birth of the joint child. At this time, the husband does not have the right to go to court with an application for divorce. He can only do this with the consent of his wife. Moreover, if the child was born dead or died after birth, the husband will still have to wait one year.

The marriage is dissolved either through the registry office or in court. The choice of the method for divorce depends on the presence of children and the wishes of the spouses. In case of divorce in court, after the entry into force of the decision, you still need to contact the registry office for a certificate of divorce. The general rule for a divorce is that it is drawn up no earlier than 1 month from the date of application.

Likewise, divorce occurs when one spouse, with mutual consent to divorce, is not able to come to the registry office. In this case, he draws up a notarized consent to divorce. If the spouse is in custody or serving a sentence in places of deprivation of liberty, his application can be certified by the head of the institution.

V recent times you can apply for the termination of marriage through a multifunctional center of state and municipal services or through a single portal of public services.

Divorce at the registry office on the application of one spouse

Under certain circumstances, it is possible to dissolve a marriage through the registry office without asking the second spouse's opinion, at the request of one of them. These cases are strictly defined by the Family Code of the Russian Federation, we list them:

• if one of the spouses is sentenced to imprisonment for committing a crime for more than 3 years. In this case, a copy of the court's verdict, which entered into legal force, is attached to the application to the registry office.
• if the second spouse is declared legally incompetent by the court. A copy of the court decision on the recognition of the citizen as incompetent is attached to the application. For the procedure and conditions for recognizing a citizen as legally incompetent, see: .
• if the other spouse is recognized as missing. To such a statement to the authorities state registration a copy of the court's decision is also attached, in more detail: .

Divorce in court in 2019

Grounds for divorce through court

Divorce through court will be required if there is no possibility and grounds for divorce in the registry office. The process of divorce will be longer, it will be necessary to draw up an application for divorce, collect additional documents, the judge can extend the trial to reconcile the husband and wife.

In court, divorce occurs when there are common children under the age of 18, when one of the spouses objected to divorce or when he avoids appearing at the registry office. During the consideration of claims for divorce in court, it is possible to declare the determination of the place of residence and the procedure for raising children, the division of jointly acquired property, the recovery of alimony for children and the maintenance of the spouse, and other disputes arising from family relations... However, it is better to do this by separate claims.

According to the general rules, the requirements for divorce belong to, if there are additional requirements, the case may become subject to jurisdiction by the district (city) court.

With regard to territorial jurisdiction, in general () claims for divorce are filed at the place of residence of the defendant. There are exceptions to this rule, in the presence of children or for health reasons, the plaintiff can file a claim at his place of residence ().

Divorce through court

Let us consider in more detail the procedure for divorce of spouses through the magistrate, if only the requirement to dissolve the marriage is filed with the court. If there are other claims combined into one proceeding, the case may be considered in more late dates and with a lot of court hearings.

After filing the claim file to the magistrate or to the district court, you need to wait for a notice of the time and place of the trial. Typically, such a notice comes 10-14 days after the filing of the claim. If the notification has not been received, it is worth calling the court and finding out the reasons, perhaps abandonment. As a rule, if everything is in order with the application, the court appoints such cases immediately to court proceedings, 1 month after the application is received by the court.

You can come to the hearing in person or ask to consider the case in your absence. The defendant can take it to court or file.

First of all, the court finds out whether the defendant agrees to the dissolution of the marriage. If there is consent, the marriage is dissolved without further clarification of the motives and grounds for the divorce. If the defendant does not agree to divorce, the judge finds out the reasons for going to court, the possibility of maintaining family relations, and then gives a period for reconciliation. In this case, the court session is postponed for up to 3 months. At the next court session, if the plaintiff has not filed, the marriage is dissolved.

A court decision on divorce comes into legal force 1 month after it was made. If filed, the decision will enter into force after the case is considered by the court of appeal.

On the day when the court decision comes into force, the marriage will be considered dissolved. With a copy of the decision, you must contact the registry office, which will issue a divorce certificate. Divorce certificate is a document confirming the divorce.

Thus, in case of divorce through the court, the divorce will be formalized no earlier than 2 months, and it can drag on for 5-6 months if there is resistance from the second spouse.

Divorce through court with children, the procedure for divorce

The procedure for divorce through court in the presence of children does not differ from the usual one. At the same time, in addition, requirements for the recovery of alimony, the determination of the place of residence of the children and the participation in their upbringing can be included in the application for divorce. However, we recommend not to do this, it is much more practical and faster to resolve these issues separately.

Divorce through the courts, even with children, is considered by the magistrate, he also considers claims for alimony. Family disputes involving children are considered only by the district court. Therefore, it is possible to submit separate applications to different locations. When registering a divorce through a court with children, the court can also give time for reconciliation, postponing the hearing for 3 months, at which time the remaining requirements will not be considered.

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Family Code of the Russian Federation on divorce

Chapter 4 of the Family Code of the Russian Federation. Termination of marriage

Article 16 of the RF IC. Grounds for termination of marriage

1. A marriage is terminated as a result of death or as a result of the declaration by a court of one of the spouses as deceased.

2. A marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse, recognized by the court as incompetent.

Article 17 of the RF IC. Restriction of the husband's right to file a divorce claim

The husband has no right, without the consent of his wife, to initiate proceedings for divorce during the pregnancy of his wife and within a year after the birth of the child.

Article 18 of the RF IC. Divorce procedure

Divorce is carried out in the civil registry offices, and in the cases provided for in Articles 21-23 of this Code, in a judicial proceeding.

Article 19 of the RF IC. Dissolution of a marriage at a civil registry office

1. In case of mutual consent to the dissolution of marriage by spouses who do not have common minor children, the dissolution of the marriage shall be carried out in the civil registry offices.

2. Dissolution of a marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, shall be carried out in the civil registry office, if the other spouse:

declared missing by the court;

declared incompetent by the court;

sentenced for committing a crime to imprisonment for a term exceeding three years.

3. Dissolution of marriage and the issuance of a certificate of dissolution of marriage shall be carried out by the civil registry office after a month from the date of filing an application for dissolution of marriage.

4. State registration of divorce shall be carried out by the civil registry office in the manner established for the state registration of civil status acts.

Article 20 of the RF IC. Consideration of disputes arising between spouses in the event of divorce in the civil registry offices

Disputes about the division of the spouses' common property, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or sentenced for committing a crime to imprisonment for a term exceeding three years (paragraph 2 of Article 19 of this Code), are considered in court, regardless of the divorce in the civil registry offices.

Article 21 of the RF IC. Divorce in court

1. Dissolution of a marriage shall be carried out in a judicial proceeding if the spouses have common minor children, except for the cases provided for by paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.

2. Dissolution of a marriage is carried out in court also in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage at the civil registry office (refuses to submit an application, does not wish to appear for state registration of divorce, and more) ...

Article 22 of the RF IC. Dissolution of marriage in court in the absence of the consent of one of the spouses to divorce

1. Dissolution of a marriage in court shall be carried out if the court has established that further living together spouses and family preservation are impossible.

2. When considering a divorce case in the absence of the consent of one of the spouses to divorce, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months.

Dissolution of a marriage is carried out if measures to reconcile the spouses proved to be ineffective and the spouses (one of them) insist on the dissolution of the marriage.

Article 23 of the RF IC. Dissolution of marriage in court with mutual consent of the spouses to dissolve the marriage

1. If there is a mutual consent to the dissolution of the marriage of the spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the reasons for the divorce. The spouses have the right to submit to the court the agreement on children provided for in paragraph 1 of Article 24 of this Code. In the absence of such an agreement, or if the agreement violates the interests of children, the court shall take measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. The dissolution of a marriage shall be carried out by the court not earlier than the expiration of a month from the date of the submission by the spouses of an application for dissolution of the marriage.

Article 24 of the RF IC. Issues to be resolved by the court when deciding on divorce

1. In case of divorce in court, the spouses may submit to the court an agreement on who of them the minor children will live with, on the procedure for the payment of funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds or on the division of the general property of the spouses.

2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, as well as if it is established that this agreement violates the interests of the children or one of the spouses, the court must:

determine with which of the parents the minor children will live after the divorce;

to determine from which of the parents and in what amounts the alimony for their children is collected;

at the request of the spouses (one of them) to divide the property that is in their joint ownership;

at the request of the spouse who has the right to receive maintenance from the other spouse, determine the amount of this maintenance.

3. If the division of property affects the interests of third parties, the court shall have the right to separate the requirement for the division of property into a separate proceeding.

Article 25 of the RF IC. The moment of termination of a marriage upon its dissolution

1. A marriage dissolved in a civil registry office shall terminate from the date of the state registration of the dissolution of the marriage in the civil registration book, and in the event of divorce in court - from the date of the entry into force of the court decision.

2. Divorce in court is subject to state registration in the manner established for state registration of acts of civil status.

The court is obliged, within three days from the date of entry into force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of marriage.

Spouses are not entitled to remarry before receiving a divorce certificate from the vital statistics office at the place of residence of any of them.

Article 26 of the RF IC. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing

1. In case of the appearance of the spouse, declared by the court as deceased or recognized by the court as missing, and the cancellation of the relevant court decisions, the marriage may be restored by the civil registry office upon a joint application of the spouses.

2. A marriage cannot be restored if the other spouse has remarried.

Answers to the most common divorce questions

I want to divorce my husband, he is against it. Which article to link to? He cheated on me.

Apply for divorce in court according to our model. You need to refer to Articles 21 and 23 of the Family Code of the Russian Federation.

Is it possible for a spouse to apply for divorce at the registry office of the city of Moscow if the marriage was registered at the registry office of the city of St. Petersburg? Registration of the spouse in St. Petersburg, registration of the spouse in the city of Moscow.

According to Article 32 of the Federal Law "On Acts of Civil Status", a spouse can apply for divorce at the registry office at the place of residence of one of the spouses or at the place of state registration of marriage. In your case, this means that you can apply to the registry office at the place of registration of any of the spouses, including in Moscow. If there is a mutual consent of the spouses to divorce and there are no joint minor children.

My husband has filed for divorce. If I don't go to the courts, how long will they divorce us? I want to delay the divorce.

Usually, a court hearing on such cases is scheduled one month after the filing of the claim. If you want to drag out the divorce, you need to go to court and declare that saving the family is still possible, ask for the maximum possible time for reconciliation. If you are persuasive, the Justice of the Peace will give a maximum of 3 months time for reconciliation. Argument your position precisely with the desire to save the family. If you don’t want to go to court, you can write a statement in which you state in writing a request to give time for reconciliation.

How can I apply for a divorce if my husband is in another city and cannot be present in person?

The personal presence of the husband in court is not required. After filing a statement of claim, the court notifies the defendant about the time and place of the proceedings, but his appearance is not required. He can write, if there is no such statement, the court will make a decision in absentia on the case. Please note in which cases you can file a statement of claim for divorce at your place of residence.

My husband and I have lived for almost two years, we have a baby 1.7 months old. I want to get a divorce. Registered in different cities. Where should I apply? And I don't know where he is now. What should I do?

You can file a claim with the magistrate at your place of residence, indicate the last known address of your husband.

I want to divorce my husband, but we have Small child(2 months). Will I be able to do this without his consent or wait for the child to grow up?

The law does not set limits on divorce for women. The fact that you have a small child sets a divorce limit for your husband, but not for you.

My wife and I decided to divorce, in 2 weeks she will give birth. Is divorce even possible?

In your case, it is necessary to take into account Article 17 of the Family Code of the Russian Federation: The husband has no right to initiate a divorce proceedings during the pregnancy of his wife and within a year after the birth of the child without the consent of his wife.
Since the divorce will occur no earlier than a month after the application is filed, you need to go to court with a statement of claim. Divorce is possible if the wife does not object, gives her consent, or she herself submits this application.