How is the divorce process going. How to properly file for divorce: the procedure for divorce. Declaration of Consent

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The possibility of using which is due to the presence of mutual consent of the spouses to divorce and the absence of joint (common) children.

And if the divorce procedure through the registry office, as a rule, does not raise many questions, then the divorce process in court involves more nuances and requires compliance with a number of procedural features when resolving the case.

In this regard, many are interested in divorce procedure in court: how to get a divorce through a court, how long does a divorce court last, how to get a divorce through a court in unilaterally, is it possible to file for divorce without the consent of the spouse, is it possible to divorce a pregnant wife, is it possible to divorce through a court in another city, what documents are needed for a divorce through a court, and much more.

But first things first.

When do you need to get a divorce in court?

The family legislation of Russia defines an exhaustive list of grounds entailing divorce in judicial procedure :

• The spouses have common minor children, both relatives and adopted children, while the presence / absence of their mutual consent to divorce does not matter
• The spouses no mutual agreement for divorce, that is, one of the spouses does not agree to a divorce
• One of the spouses, although he does not mind the divorce, but dodges the serve the corresponding statement to the registry office

Having children does not always oblige spouses to divorce in court. The law provides exceptional cases divorce through the registry office in the presence of children, they are directly spelled out in article 19 of the Family Code of the Russian Federation:

• The second spouse was sentenced to imprisonment for a period of three years or more
• The second spouse was declared missing by the court
• The second spouse was declared legally incompetent by the court

In this case, you should pay attention to the following nuances:

• If the spouse is sentenced to imprisonment for a period of less than three years, divorce from him is possible only in the general court order
• The issue of divorce from disabled spouse also allowed by the court in general order... The provisions of Article 19 of the RF IC does not apply to cases where the spouse is limited in legal capacity as a result of alcohol and drug abuse. Extrajudicial divorce is possible only with a completely incapacitated person.

Let's summarize: The presence of common children by spouses is not the only basis for judicial dissolution of marriage. You will have to go to court even if one of the spouses does not agree to the divorce, or, being not against the divorce, for one reason or another, cannot personally appear at the registry office to submit an application.

Here you can add cases when the place of residence (location) of the second spouse is not known, therefore, it is not possible to find out his position on the issue of divorce. In such circumstances, divorce is also possible only through a court.

How long does it take to get a divorce through court

Minimum term for divorce in court is one month.

At the same time, the monthly period begins to run from the moment of filing an application for divorce to the court.

Concerning maximum term for consideration of divorce cases, there is no special time limit for this particular category of cases.

The general terms for the consideration of civil cases are indicated in the Civil Procedure Code of the Russian Federation, according to Article 154 of which given time cannot exceed two months, and justices of the peace must consider cases within a month.

But this is only spelled out in the law, in fact, these terms in the overwhelming majority of cases are not observed by the courts.

So it turns out that judicial dissolution of marriage is a process that is longer in time than in the registry office.

First of all, this is due to the fact that, in contrast to the extrajudicial procedure, the judge considering the divorce case has the right, at his discretion or at the request of the spouse opposing the divorce, to take measures to reconcile the spouses, and regardless of the desire of the plaintiff (the initiator of the divorce ), provide the parties with a time limit for reconciliation.

Provided to spouses the conciliation period in total cannot exceed three months.

The judge may limit himself, for example, to one month if, after the specified time has elapsed, he sees that reconciliation of the spouses and the preservation of the family are impossible, but he may also repeatedly postpone the hearing of the case for the purpose of possible reconciliation of the spouses, of course, taking into account the maximum period established by law.

Divorce cases are very individual, accordingly, the court takes into account the specific circumstances of each individual case, on the basis of which it decides on the merits the issue of taking / not taking measures to reconcile the spouses, and also determines the length of the period for reconciliation of the parties.

Divorce without the consent of the spouse

Many are worried about whether the marriage will be dissolved if the second spouse is categorically against divorce.

According to the family legislation of the Russian Federation, the desire and initiative of one of the spouses is sufficient to dissolve a marriage.

Unlike the legislation of a number of foreign countries, in Russia, in order to dissolve a marriage, it is not necessary to obtain the consent of the second spouse.

In cases where one of the spouses objects to the divorce, the divorce judge must just find out the reasons for the divorce, i.e. establish the reasons for the discord between the spouses. It is in such situations that the judge can call the spouses to reconciliation, and postpone the dissolution of the marriage, including at the request of the spouse hoping to preserve the family relationship.

However, if even the conciliatory term did not work and the plaintiff spouse continues to insist on divorce, then despite the objections of the second spouse the judge will definitely dissolve the marriage, reflecting in its decision information about the established causes of discord in the family, about the measures taken by the court to reconcile the spouses, and the conclusions about the impossibility of preserving the family.

But the reasons for the divorce will not be important for the judge if both spouses agree to the divorce, moreover, if they insist on it. For example, the spouse who is the defendant in the case, at the very first hearing, recognizes the claim, and both parties will declare to the court that they do not need and is not expedient to provide a time limit for reconciliation. In such cases, the court dissolves the marriage without clarifying the reasons for the divorce (clause 1 of article 23 of the Family Code of the Russian Federation).

Thus, the criteria for consent / disagreement to divorce of the defendant spouse are only relevant when the court decides whether to grant the spouses a time limit for reconciliation, but the spouse's objections themselves cannot serve as grounds for rejecting the claim for divorce on the merits.

As you can see, in our country the phrase “I will not give you a divorce” is not a weighty argument, but with some exceptions, which we will talk about further.

Divorce when the wife is pregnant or with a small child under one year old

Often spouses decide to divorce when the wife is in an interesting position. Naturally, the spouses are worried about the question, is it possible to get a divorce during pregnancy wives like bound pregnancy and divorce.

Such questions are quite logical and the fears of the spouses are not unfounded.

Indeed, the law provides for exceptions, when the spouse's consent to divorce is still necessary. But these restrictions are rather temporary.

We are talking about obligatory consent of the wife for divorce in the following cases:

• The wife is in a state of pregnancy
• The spouses have a common child under one year of age
• The wife gave birth to a dead child, and from that moment not one year has passed
• A common child died before reaching the age of one

A separate norm in family law is devoted to this issue.

So, according to article 17 of the Family Code of the Russian Federation, during the indicated periods, the husband is not entitled to initiate a divorce case if he has not received the written consent of his wife to divorce.

Moreover, the court does not even have the right to accept for its proceedings a claim for divorce, not supported by the consent of the spouse, and if accepted, it is obliged to terminate the case without proceeding with its consideration on the merits. The return of a claim for divorce on the grounds of the absence of the spouse's consent to divorce does not prohibit the plaintiff from re-filing a claim for divorce after the relevant circumstances have disappeared.

Since the law prohibits the court from making a divorce during the pregnancy of the spouse and within one year after the birth of her child, consideration of the claim on the merits during this period will be a serious violation of the law, and such a court decision will be subject to cancellation as illegal.

Thus, a divorce from a pregnant wife is impossible. Also, it will not be possible to divorce her within one year after the birth of the child, regardless of whether he was born alive, dead, or died before reaching the age of one.

Under these circumstances and in the absence of the written consent of the wife, the husband will have to wait exactly one year for the possibility of divorce.

The prohibition to initiate proceedings during periods of pregnancy of the wife and within a year after the birth of a child without the consent of the wife applies only to the husband.

Hence, divorce during pregnancy on the initiative of the wife - possible at any time.

How to divorce unilaterally through the court

Let's take a situation where the second spouse does not go to court, ignoring court notices, or it is not possible to establish his location (changed his actual place of residence, left the country, etc.).

First, do not worry about the fact that the spouse, who is the defendant in the divorce case, ignores the subpoenas and does not appear in court, since his failure to appear in court does not jeopardize the possibility of a resolution of the case.

If he does not come to the first court session, this may be grounds for postponing the hearing of the case, but the court process cannot be endless. In the end, the court will make a positive decision on the dissolution of the marriage in his absence.

Cases when the place of actual residence (location) of the second spouse is not known, too, is not an obstacle for divorce. In this case, the court will notify the defendant about the divorce proceedings at the place of his permanent registration, where, by virtue of the law, he must receive mail. Accordingly, when the court notice is returned unclaimed, the court has the right to raise the issue of making a decision on divorce in the absence of the defendant.

As you can see, divorce from a spouse who does not go to court, or does not make itself felt, is not a problem. Such circumstances may only slightly delay the adjudication of the case by the court.

With order dissolution of marriage with a foreigner unilaterally you can familiarize yourself.

What issues should the court decide upon divorce

As a rule, couples with children, upon divorce, agree on which of the parents the children will stay with. In the overwhelming majority of cases, children stay with their mothers, as is customary in our society. Cases when fathers fight for their children, wanting to leave them with them, can rather be attributed to exceptions to the rule.

Of course, in the format of a country such arbitrage practice very extensive, but also extraordinary. In general, disputes about children are a separate category of court cases that can be classified as complex and emotional processes. Therefore, if the spouses come to a mutual agreement about the place of residence of the children after the divorce, the procedure for communication and meetings of children with the separately living parent, the degree of his participation in the costs of maintaining the children, this is a blessing for both the children and the parents themselves.

In particular, the spouses who have reached an agreement on the issue of the residence of the children after the divorce can submit an appropriate agreement to the judge considering the divorce case, and the judge, when making a decision, indicates in the reasoning part of the decision with which of the parents the children will live.

By the same agreement, spouses can resolve between themselves alimony obligations both in relation to children and in relation to a needy disabled spouse (for more details, see), as well as divide common matrimonial property.

In the absence of appropriate agreements between the spouses, questions about the place of residence of the children, about the alimony obligations of the spouses, as well as questions regarding the division of the spouses' common property, are subject to resolution within the framework of the divorce proceedings.

In particular, in the absence of an agreement between the parents, the judge takes measures to protect the rights and legitimate interests of their children, for which he is obliged : determine with which of the parents after the divorce the children will live and resolve the issue of awarding alimony for the children or one of the spouses

In addition, within the framework of the divorce proceedings, upon presentation by the spouses of the relevant requirements, the judge must resolve the issues of the division of joint property between the spouses and the establishment of the amount of maintenance in favor of one of the spouses.

Thus, if there is a dispute between the spouses about children, property or alimony, the spouse who goes to court to dissolve the marriage may also put the above issues to the court for resolution, as a result of which all these issues will be considered in one case. But it is possible to present the specified requirements separately from divorce.

Which court to file for divorce

The issue of the jurisdiction of divorce cases is one of the most important, violation of the rules of jurisdiction when filing a claim for divorce entails its return by the court.

Of course, the most frequent question: magistrate or district court.

A statement of claim for divorce must be submitted:

• To the magistrate
• At the place of residence of the defendant

In this case, the general rules of jurisdiction established by Article 28 of the Code of Civil Procedure of the Russian Federation on filing claims at the place of residence of the defendant are applied. Legally, the place of residence of a citizen is the address of his permanent registration.

However, in the presence of a number of circumstances, an application for divorce can be submitted to the court at the place of residence of the plaintiff, i.e. with the use of alternative jurisdiction. We are talking about cases when:

• The plaintiff has a minor child
• The plaintiff cannot go to court at the place of residence of the defendant for health reasons
• Alimony claim was filed together with divorce

Article 23 of the Code of Civil Procedure of the Russian Federation relates divorce to the jurisdiction of justices of the peace. This also applies to alimony disputes and disputes over the division of property, the cost of which does not exceed fifty thousand rubles, they are also considered by justices of the peace.

However, the question is with the definition correct jurisdiction may arise in the event that the divorce proceedings are aggravated by the requirement to determine the place of residence of the child (children), oh, not to obstruct communication with children.

The fact is that the law places divorce under the jurisdiction of justices of the peace, provided that there is no dispute about children between the spouses. The only requirement that can be submitted to a magistrate along with divorce is the recovery of alimony. Hence, any other requirements regarding children have the right to consider only the district courts at the place of residence of the defendant.

The same procedure for filing a claim will be if the demand for divorce is accompanied by a demand for the division of the spouses' common property, the price of which exceeds fifty thousand rubles. That is, it is possible to divide apartments, dachas and cars only in the district court.

Please note that a divorce claim can be filed independently, or together with a claim for the recovery of alimony, to a magistrate. This is by far the most convenient option and will lead to a speedy divorce. And all disputes concerning children and property can be resolved separately in the district court.

So, let's summarize everything related to the rules of jurisdiction for divorce cases, as well as related requirements.

Justices of the peace consider:

• Divorce cases
• Cases on the recovery of alimony for children and spouses
• Cases on the division of joint property between spouses, provided that the price of such property is less than 50,000 rubles

These requirements can be combined in one claim, and this will not change the jurisdiction of the case.

District courts consider:

• Cases on disputes about children (place of residence, order of communication)
• Cases on the division of property of spouses, with a claim price exceeding 50,000 rubles

But please note: if the above requirements (individually or both at once) are stated in the same claim for divorce, the case will be subject to consideration by the district court. To resolve the issue of divorce as soon as possible, the district court may separate this requirement into a separate proceeding and send it to the magistrate for consideration.

In practice, claims for divorce are usually filed by spouses separately from other claims.

For more details on matters of jurisdiction, see.

What documents are needed for a divorce through court

The list of documents for divorce through the court is very modest, if the claim contains only one demand for divorce.

Documents attached to a divorce suit if there are no children:

Documents for divorce through court if there is a child:

1. Original certificate of marriage between spouses
2. Copies of birth certificates of children (child)
3. Receipt of payment of state duty in the amount of 600 rubles

The same list of documents will be required when filing an alimony claim. The requirement to collect alimony in favor of the child is not paid state duty.

By virtue of Article 333.19 of the Tax Code of the Russian Federation, when filing a claim for divorce, a state duty of 600 rubles is paid;

What other documents are required for a divorce through a court?

For example, if the dissolution of a marriage at the request of one of the spouses is initiated in court at the place of residence of the plaintiff, the relevant documents will need to be attached to the claim, on the basis of which the rule on alternative jurisdiction is applied:

• health certificate of the plaintiff
• or a certificate confirming the residence of a minor child with the plaintiff

If the husband decides to file a divorce petition in court during the wife's pregnancy or within a year after giving birth, you will need to attach to the claim:

• written consent of the wife to divorce

As you can see, the additional list of documents will depend on the volume and nature of the requirements declared together by the dissolution of marriage, the choice of the court and other circumstances.

This list may also include other documents, including all kinds of certificates, extracts, copies of judicial acts, etc.

Valeria Protasova

Reading time: 10 minutes

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As you know, divorce is a very difficult situation from a moral point of view. No matter how calm the former spouses may seem, both of them, one way or another, will experience psychological stress. From the legal side, the divorce procedure can also be quite complicated - especially if the couple managed to acquire common property, have children.

Divorce procedure

When a situation develops in a family that divorce is inevitable, very often the spouses do not know where and how to file for divorce.

The questions of how to write a statement, what documents will be required for this process, how long the divorce procedure takes, also cause difficulties.

Keep in mind: if the spouses come to such a decision by mutual agreement, and the couple has no minor children in common, then the marriage is dissolved after a written statement from the couple in the registry office, without a lawsuit.In the same way, a marriage is dissolved if one spouse is convicted by the court, having received a term of imprisonment for more than 3 years, if one spouse is missing, or is declared legally incompetent.

Under the same conditions, both spouses - or one of them - may file for divorce. through the website of the State Service.

In all other respects, the dissolution of marriage is carried out through a judicial procedure (according to Family Code RF, article 18).

• If only one of the spouses requests a divorce , and the property jointly acquired by the couple does not exceed the amount of 100 thousand rubles, if one spouse does not come to the registry office, not agreeing to a divorce, then such marriages are dissolved through the magistrate (according to the Family Code of the Russian Federation, articles 21-23).
• If the couple already has minor children , or in cases where the property of the spouses at a cost of more than 100 thousand rubles, the dissolution of the marriage occurs through a procedure in the district court (according to the Family Code of the Russian Federation, Articles 21-23). All property or other disputes between divorced spouses are considered only in court (according to the Family Code of the Russian Federation, article 18).

The termination procedure itself begins with the filing of a joint statements spouses — or with a statement from one spouse. This application must be submitted to the registry office or to the magistrate's court, the district court located at the place of passport registration (registration) of the defendant.

However, there are special exceptions in Russian legislation when an application for divorce can be submitted at the place of passport registration, place of residence of the applicant's spouse.

• Divorce occurs after 1 month , counting from the date of filing a claim for divorce to the registry office.
• If the spouse is pregnant , or if a woman has a child under the age of 1 year, the court does not accept an application for divorce from her spouse (according to the Family Code of the Russian Federation, article 17). The spouse can submit to the court her application for divorce (divorce) at any time, without restrictions.
• Usually, divorce proceedings are open to the public ... In some cases, when the court will consider the intimate aspects of the life of the spouses, the court sessions may be closed.

If in the course of the court disputes arise between the former spouses about children or jointly acquired property, the divorce proceedings can last from 4 to 6 months.

Stages of the divorce procedure

• Collection of documents required for the divorce procedure.
• Direct submission of a correctly drawn up application for divorce (divorce), the necessary documents to the registry office or to the court.
• The presence of the plaintiff at the hearing; notification of the defendant about each court session.
• If the court determined a month for the spouses to reconcile the parties, but then the spouses did not appear at the hearing on their divorce suit, then the court has the right to annul this claim and recognizes these spouses as reconciled.

Documents required for divorce

Application to the registry office or court ... The application of spouses or one spouse is submitted only in writing (in a special form). In this application, the spouses must confirm that they voluntarily agree to the dissolution of this marriage, and also that they have no minor children (in common).

V a statement of claim, which is submitted to the registry office, must be indicated:

• Surnames that spouses keep for themselves after a divorce.
• Date of writing the application.
• Signatures of both spouses.

V statement of claim submitted by the plaintiff to the court, must be indicated:

• Passport data of both spouses (name, date of birth, place of birth, registration, actual place of residence, citizenship).
• Data of the marriage registration document of the spouses.
• Reasons for divorce.
• Information about claims ((children), division of joint property, dispute about determining the place of further residence of a minor child (children), etc.).

Application to court filed at the place of permanent residence (registration) of the defendant. If the respondent spouse is not a citizen Russian Federation, or does not have a place of residence in Russia, his place of residence is unknown, then the plaintiff's statement of claim is submitted to the court located at the place of the last residence of the defendant in Russia, or at the place where the defendant's property is located. Passports of the spouses, their copies, a document on the conclusion of marriage (marriage certificate of the spouses) are attached to the claim-statement of the plaintiff for divorce.

If an application for dissolution of the current marriage by the spouses is submitted to the magistrate court, the district court, then the following documents are required:

• Copies of the original statement of claim for divorce (by the number of defendants, third parties).
• Bank receipt confirming payment of the mandatory state duty for the divorce procedure (details are to be specified in court).
• If the plaintiff is represented in court by a representative, it is necessary to present a document or power of attorney that certifies his authority.
• If the plaintiff puts forward any requirements, all necessary and important documents confirming all the circumstances, as well as copies of these documents for all defendants, third parties, must be attached to the divorce application.
• Documents that confirm the implementation of the pre-trial procedure for resolving this dispute.
• The plaintiff must prescribe the amount of money that he intends to receive from the defendant (necessarily - copies according to the number of defendants in the court).
• A marriage document (or a duplicate).
• With common minor children, the spouses have documents on the birth of children (certificates), or a copy of the birth document (certificates), certified by a notary.
• Extract from the housing office at the place of residence of the defendant spouse (from the "house book"). In the course of the court, in some cases, an extract from the housing office (from the "house book") of the plaintiff himself is also required.
• Certificate of income of the defendant (if the court is considering a claim for alimony).
• If the defendant agrees to the divorce procedure (to divorce), it is necessary to provide his written statement about this.
• Agreement of spouses on children (if required by the claim).
• (if the claim requires it).

The list of documents that must be provided before the divorce proceedings may be different - it depends on the requests of a particular judge, his requirements. The list of required documents is not approved by judicial legislation, so it varies.

The divorce procedure will begin by the court only in the event of a complete set of necessary documents, the list of which the plaintiff can find out even before filing his application to the court, before the divorce proceedings.

In some cases, the court may require additional documents - the plaintiff and the defendant will be notified of this in court.

What if the defendant spouse does not appear in court?

If the defendant spouse does not attend the scheduled court hearings on the divorce proceedings, then it is also possible for the plaintiff to get a divorce - even if the spouses have minor children:

• If the defendant cannot, for his own reasons, be present at this court hearing on the divorce proceedings, he has the right present in place of yourself a representative by issuing a power of attorney from a notary. The plaintiff has exactly the same right to a representative in court.
• If the defendant has valid reasons why he cannot appear at one of the court hearings on the divorce proceedings, he must submit a corresponding statement to the court, then the divorce proceedings will be postponed for some time.
• If the defendant does not come to court sessions on purpose according to the divorce proceedings started, then the divorce will take place without his presence at this court hearing on the divorce.
• If the defendant had valid reasons not to come to the hearing, he could not inform the court about them in time, but it took place in his absence, dissolving the marriage, then later the defendant's spouse may apply for the cancellation of this judgment ... The spouse can submit this application within a week (seven days) from the day from which he was handed a copy of the court decision on the already completed divorce. The decision of the court on the completed divorce can also be appealed in cassation procedure.
• If the defendant spouse does not attend the scheduled court hearings for divorce, divorce proceedings in time may increase by another 1 month .

How to file a plaintiff for divorce if the defendant spouse is opposed to divorce

Often the divorce procedure becomes very not an easy test for both former spouses , and for their environment. Divorce is almost always accompanied by property disputes, or disputes over children.

• If the defendant is against divorce , he does not have to shy away from participating in court hearings, because he can declare disagreement with divorce asking for a time limit for the reconciliation of the spouses. Ultimately, the decision remains with the judge - if he is convinced of the sincerity of the desire to reconcile, the further process can be postponed for another period (maximum - 3 months).
• If the plaintiff insists on divorce, arguing their unwillingness to put up with the defendant, this period may not be so long. The spouse is the defendant and after that can again submit a petition to the court for reconciliation of the parties.
• If the spouse is the defendant against divorce , therefore, he deliberately, deliberately avoids attending the court sessions, the judge can make an absentee decision on divorce at the third session.

What should a woman do if her defendant husband is against divorce?

First of all, it is necessary to draw up a competent statement of claim - in this case, it is better to turn to a qualified lawyer for help.

Property disputes, disputes about children are best resolved in one court divorce proceedings - these claims must be filed simultaneously with the application for divorce.

• Woman necessary pay the state fee for divorce yourself without waiting for the spouse to pay.
• The court session is scheduled about a month after the date of filing the claim by the plaintiff ... The plaintiff must be present at the meeting, answer the judge's questions, and argue for his desire to divorce. In the absence of additional circumstances, the judge may make a decision on divorce at the same session. If such circumstances nevertheless arise - the judge can decide - to give the spouses time for reconciliation.
• For the spouse to pay child support , the plaintiff must submit a certificate of income to the court. If the wife during the years of marriage did not work, doing housework, or if she is on maternity leave, does not work and takes care of a small child, she can demand alimony from the defendant for her maintenance.
• If anyone from already ex-spouses disagree with the decision of the magistrate, district court , then within ten days after the issuance of the divorce certificate, he can file a claim with the court to cancel this decision, to consider the divorce case again.

For obtaining a divorce certificate (divorce), each of the already former spouses must be presented to the registry office located at the place of passport registration, or at the place of registration of this marriage, a passport and a court decision.

Valeria Protasova

Psychologist with more than three years of practical experience in social psychology and pedagogy. Psychology is my life, my job, my hobby and lifestyle. I am writing what I know about. I believe that human relationships are important in all areas of our life.

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 unilateral divorce through the courts.

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. The law 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 wife's consent 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.

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.

Restriction of the husband's right to demand dissolution of marriage by the husband - the husband does not have the right, without the consent of his wife, to initiate proceedings for divorce during the wife's pregnancy and within a year after the birth of the child.

Divorce procedure

Divorce is carried out in the civil registry offices, in a judicial proceeding.

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.

Divorce in court

1. Dissolution of a marriage is carried out in court:

1.1. if the spouses have common minor children, except for the cases provided for in paragraph 2 of Art. 19 of the RF IC (recognized by the court as missing; declared incompetent by the court; convicted of a crime to imprisonment for over three years).

1.2 in the absence of the consent of one of the spouses to divorce.

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) ...

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 case on divorce 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.

Dissolution of marriage in court with mutual consent of the spouses to dissolve the marriage

1. If there is 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 the RF IC, the court dissolves the marriage without clarifying the reasons for the divorce. The spouses have the right to submit to the court an agreement on children, provided for in paragraph 1 of Article 24 of the RF IC. In the absence of such an agreement, or if the agreement violates the interests of children, the court takes measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of the IC RF.

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.

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.