What is the best way to file for divorce? How to apply for divorce in the registry office without a husband. There are three cases

Fast? In general, breaking up officially registered relationships is not as easy as it seems. Especially if the marriage is complicated by something. For example, the presence of minor children. In any case, you can terminate the relationship at any time. This right is given by law to all citizens. Nobody is able to take it away. However, you need to be aware of a few nuances. Otherwise, the divorce process will not only drag on for a long time, but will also bring a lot of problems to the spouses. So what should you pay attention to? How can you get a divorce pretty quickly? Especially if there is no protest from the second half.

From the situation

A huge role is played by the situation that takes place in the family. Somewhere divorce takes place in a matter of days. In some cases, it drags on for many months. And the consequences also take quite a long time to sort out.

That is why you should first pay attention to what kind of development of events takes place in a particular cell of society. How to quickly divorce your husband? The fastest way is mutual agreement. Then you don’t have to wait once again and seek the approval of your spouse. Therefore, the first advice - you need to enlist the support of the second half. It is likely that she is also not happy with the registered relationship.

Without property

To begin with, it is worth considering the simplest scenario: when the marriage is not burdened by anything and the parties do not have any jointly acquired property or disputes regarding this issue. Then an urgent divorce is issued in a month.

Citizens must apply to the registry office at the place of residence of one of the parties. Certain documents are submitted there, then you need to wait a month. During this period, the husband or wife is able to withdraw the application for divorce. 30 days according to the law is the time of reconciliation.

As soon as this period expires, the parties must return to the registry office at the appointed time (possibly at different times, not necessarily together) and receive a divorce certificate there.

Documents that you need to bring with you to terminate the relationship (at the first visit):

• statement;
• parties' passports;
• receipt for payment of state duty.

Property disputes (small)

How to get divorced quickly? If we are talking about more serious relationships that were burdened by the purchase of common property, then you will have to try. Especially if there are disputes during the separation.

Here you can break down property issues and divorce into several parts: disputes small and large. In the first case, it is recommended to agree. If this does not work out, then the initiator of the divorce must go to court.

You should not be afraid of this. You will need to write a claim and submit it with a certain list of documents to the district court (at the place of residence of one of the spouses). They bring with them:

• passports of applicants (or one of them);
• marriage certificate;
• documents for joint property;
• payment document, which confirms the payment of the state fee for divorce.

The minimum term for consideration of the case is 3 months. So much is allocated for reconciliation of the parties. If desired, citizens can withdraw the claim and not file a divorce.

Serious property disputes

Nevertheless, it often happens that people tune in decisively. Then there is only one thing left - to get divorced. If we are talking about mutual consent, but at the same time the divorce process is burdened with serious property disputes (over 50,000 rubles), then you will have to go to the world court.

There is no significant difference in performance. But, as practice shows, it is best to peacefully agree on the division of everything acquired together. And this is normal. It is recommended to conclude Or in advance at the notary, or already directly in court. Then it will be possible to get a divorce without problems.

The documents that must be submitted to the Magistrate's Court are the same as in the case of applying to the district authorities. Special attention should be paid. After all, that is why it is necessary to formalize the process in court.

Children

How to get divorced quickly? It will not be possible to bring the idea to life in the shortest possible time if people have minor children. We are talking about joint kids. In this case, the only way is through the courts. There is only one difference - in the absence of disputes regarding the residence of children, the termination of the relationship ends faster.

Parents were able to agree with whom the children will live? Then a settlement agreement is concluded (preferably in advance, with a notary), after which the previously listed documents are submitted to the Magistrate's Court. If there is a conflict, then you will have to invite the guardianship authorities and additionally provide:

• income statements;
• birth/adoption certificates (in case of any divorce);
• confirmation of the availability of housing;
• results of a medical report on the state of health.

In general, everything that will help indicate the well-being of parents. In particular, those with whom the children are supposed to live. This is a completely normal practice, you should not be afraid of it. Usually minors stay with their mother.

newborns

How to get divorced quickly? Practice shows that during the wife's pregnancy and after childbirth, a man is not able to bring the idea to life. If he intends to terminate the officially registered relationship, then he will have to persuade his wife to do so. A pregnant woman can file for divorce, her husband cannot. And this right is reserved mainly for a woman for a year from the moment the baby is born.

In general, the process is no different. If the spouses both agree, they apply to the registry office with a statement at the place of residence of the wife. In the presence of disputes - in the world or district court. The plaintiff must be a woman.

After the courts

Now it’s clear how to get a divorce quickly by mutual agreement. However, what to do if the judgment is already in place? Courts do not issue divorce certificates. So, it is required to produce the corresponding document.

As already mentioned, you need to come to the registry office. There are provided:

• certificates of a court decision;
• application of the established form;
• the identity of the parties;
• certificate of marriage and birth of children (if any);
• fee payment receipt.

After that, the employees will issue the appropriate document to each of the parties. can be picked up. Only then can the process be considered 100% complete.

Price

What else needs attention? That divorce is not a free process. Just like getting married. As practice shows, citizens will have to pay for these procedures.

The cost of a divorce in 2016 is 650 rubles. This amount is paid by one of the parties, it is considered for both spouses. Not too big money.

In addition, the unspoken cost of a divorce can include nerves and time (from 1 to 3 months minimum). Accordingly, if there are no encumbrances, then the process will pass quickly. But if you have children and common property, you will have to try hard. Now it’s clear how to get a divorce quickly in one case or another. It is recommended to think carefully about whether this is necessary. And just like that, do not submit an appropriate application to the registry office or the courts. Yes, within a month you can pick it up, but in this case, relations between the spouses are unlikely to improve!

Dissolution of marriage or divorce is an extremely painful procedure. If the husband and wife together came to the decision to leave and they do not have children under 18 years old, then the divorce procedure is carried out by the authority one month after the filing of the application.

It is somewhat more difficult to dissolve a marriage in the presence of minor children. But if the spouses do not have material claims against each other and if they agree on the place of residence and the upbringing of offspring, the divorce process is implemented with the help of a world court.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Unfortunately, very often divorce is accompanied by various complications, when divorce is impossible without the help of the law. In this case, the procedure for dissolution of the marriage union takes place in the district or city court. In this case, the plaintiff must write statement of claim.

Reasons for divorce in a lawsuit

You can download the claim form here.

The petition for divorce reads:

• when one of the spouses is against divorce;
• if the spouse refuses to divorce. For example, refuses to write an application for divorce;
• spouses cannot agree on the upbringing of children, their place of residence and material support.

In this case, the document must indicate the reason why it is necessary to terminate the marriage from the point of view of the plaintiff so that the court can objectively consider the situation for the most optimal resolution.

The petition for divorce is regulated Article 131 Code of Civil Procedure of the Russian Federation. It is submitted at the place of official registration of the defendant (not the plaintiff).

Failure to comply with the rules when filling out a statement of claim in accordance with the above article may serve as a basis for the judge to reject the consideration of the issue of divorce of the matrimonial union.

The reasons for divorce are not regulated by the laws of the Russian Federation. They are next.

personal property

These reasons include the loss of love and attraction to the spouse, the appearance of hostility. According to the principles set out in Chapter 1 of the Family Code marriage should be based on mutual love, trust and respect. Therefore, the loss of these feelings can serve as a sufficient reason for dissolution of marriage for a judge.

household

These reasons include bad habits of the spouse, such as drunkenness, drug addiction, gambling addiction, etc. It also includes domestic violence and intentional abuse of the spouse.

When domestic causes are indicated in the statement of claim, they must be documented by certificates from the police about the call and medical certificates about the removal of beatings.

If alcoholism or drug addiction is indicated as the reason, a certificate from the narcological clinic stating that the spouse is registered there must be attached to the statement of claim.

material nature

Reasons of this kind include the lack of own housing and, as a result, cohabitation with parents, as well as insufficient earnings or parasitism of the family breadwinner, especially when there are minor children.

Intimate

Sexual incompatibility is often the cause of divorce, but lawyers do not recommend indicating it in the statement of claim. Examining a couple's intimate life in open court can damage the couple's mental health and reputation.

If it is impossible to hide such reasons (for example, in the case of sexual perversion with bodily harm), then the plaintiff should write application for a request to hold closed court hearings in connection with the preservation of the secrecy of personal life.

Violation of the marriage vow, or treason

Grounds for divorce for the court

According to article 22 of the Family Code of the Russian Federation, the court terminates the marriage union upon recognition of the fact that it is impossible to preserve the family. Therefore, in the statement of claim it is very important to write a reason that the judge considers convincing.

Official reasons for divorce

• One of the most common reasons indicated in the statement of claim is psychological incompatibility or dissimilarity of characters. This includes the loss of love, respect and trust. In the absence of minor children, the judge will consider this reason sufficient for divorce, according to Art. 1 of the Family Code of the Russian Federation.
• Alcoholism, drug addiction and abuse are also grounds for divorce, but in this case, these facts must be must be documented with certificates from the police and the narcological dispensary. If the plaintiff does not have the opportunity to obtain documents proving the inappropriate behavior of the spouse, then it is better not to indicate these reasons.
• Separate housekeeping and the creation of a second family. This is a very convincing reason, but it must be confirmed by two adult witnesses at the hearing.

If there are children in the family

If the family has under 18 years old, the court may consider the personal reasons insufficient for divorce, and delay the decision. Therefore, in this case it is better to indicate the reasons of a material and domestic nature.

For example: insufficient income of the breadwinner, his excessive spending on personal needs, unwillingness to work, parasitism; the spouse's lack of participation in the upbringing of children, including the refusal to provide them with material support.

According to Art. 89 of the Family Code of the Russian Federation, husband and wife should provide material support to each other, including in the upbringing of offspring. Therefore, the court may consider this reason sufficiently convincing for a divorce.

Bad habits of a spouse are also a strong argument in favor of divorce, but they must be documented.

The most common reasons for divorce

Many causes of serious family disagreements leading to the destruction of the family are interconnected. However, sociologists, in collaboration with family psychologists, have identified the following:

• Infidelity, that is, adultery.
• Violation of the marriage vow, especially if the other spouse is in a difficult situation (for example, the wife is expecting a child, is in the hospital, or one of the spouses is sick, is on a long business trip) undermines trust and leads to a cooling of love between husband and wife.
• Financial difficulties, that is, simply poverty.
• Lack of own housing. In this case, a young family can live with their parents, which does not have the best effect on relationships, or rent an apartment, which has a deplorable effect on the budget.
• Bad habits of one of the spouses. This includes not only drunkenness, alcoholism and household, but also immoderate squandering, addiction to gambling, obsession with personal interests and hobbies.
• Sexual incompatibility.
• Lack of common goals in life.
• Psychological illiteracy, that is, the inability to behave in conflict situations, and the unwillingness to understand one's half.
• Infertility of one of the spouses.

Good Reasons to Divorce Your Husband

The most compelling reason for divorcing a spouse is a real threat to the physical and psychological health of the wife and children. This can happen if the husband:

In such cases, a woman with children needs protection from the law. If a husband threatens his health and the health of his children, you need to call the police and document this call. If violence has already taken place, then the beating must be witnessed by a traumatologist at a polyclinic at the place of residence.

What to specify when dissolving a marriage with the appointment of alimony to one of the spouses?

In this case, you can specify any reason, including a material one. The main thing is to attach to the statement of claim a copy of the birth certificate of the child, certified by a notary.

Alimony for minor children is assigned to the parent with whom they remain to live.

IMPORTANT! From June 1, 2016, each decision on the establishment of child support will be issued exclusively as an application for the issuance of a court order for the appointment of alimony. See Federal Law No. 45-F3 of March 2, 2016.

In case of violation of the clauses of the marriage contract

The contract concluded by the spouses, according to Art. 40 of the Family Code of the Russian Federation regulates exclusively property relations both in an existing marriage and in the event of its dissolution.

Violation of such an agreement is considered a breach of obligation and is governed by Art. 25 of the Civil Code of the Russian Federation, as well as Art. 4 of the Family Code of the Russian Federation.

According to these laws, the violation of the marriage contract cannot be the reason for the dissolution of the marriage, since it does not contradict the essence of relations in the family.

How to write a reason for divorce?

The main thing when indicating the reason for the divorce in the statement of claim is to release the main thing from grievances and claims and calmly, without emotions, formulate it in a few general phrases.

Of course, when formulating the reason, one should not forget about the main goal: to dissolve the marriage with minimal material and psychological costs, as quickly and efficiently as possible.

Reasons for divorce - examples

Personal reasons should be formulated emphasizing the loss of shared love, respect and trust. For example:“I lost respect and love for my husband. For this reason, I consider it impossible to save the marriage.”

Or another example:“I dislike my wife. I don't trust her anymore. In this regard, the continuation of marital relations is considered impossible.

Domestic reasons also need to be described as concisely and dryly as possible. For example:“I consider it necessary to dissolve the marriage due to the fact that my husband is a drug addict.”

Or “Husband is an alcoholic, prone to domestic violence. Therefore, I consider the preservation of the marriage union impossible.

If you need to indicate a material reason as the reason for the divorce, then in the statement of claim it is advisable to justify your decision a little: “My husband does not financially support me and our child, which makes the family poor. In this regard, I consider the preservation of marriage impossible.

Or another example:“My husband refuses to work and financially support the family, which puts me in a plight. In this regard, I consider the continuation of marital relations impossible.

It is worth noting that in a statement of claim for divorce, you should not indicate the reasons for an intimate and sexual nature without sufficient grounds. This will complicate the work of the court, which will lead to difficulties in obtaining a divorce.

Popular truth says that marriages are made in heaven. But each person can make a mistake in his choice. Therefore, a timely divorce for many can be a salvation and the beginning of a new happy life. The main thing is to do it correctly and effectively.

To date, the process of dissolution of marriage is a fairly simple procedure, but at the same time protracted. The reason for this is the legislation in force on the territory of the Russian Federation. To implement the process of dissolution of marriage, you should contact the appropriate state institution.

General provisions

Divorce from a husband or wife is a long process. It includes several main steps.

The reason for the duration of this procedure is:

1. The unprofitability of its accomplishment directly for the state itself.
2. legal significance.

According to the statistics of divorces in Russia by city (the table can be found on the Internet), the number of divorced marriages is increasing every year.

There are many reasons for this, but the most noticeable negative aspect of this dynamics is a significant drop in the birth rate. This has an extremely negative impact on the state's revenues.

Also, the divorce process is a legally significant procedure. Therefore, for its implementation, it is necessary to attract special employees. Each of their actions is paid by the state duty.

The ratio of the number of marriages and divorces in 2010:

The ratio of the number of marriages and divorces in 2011:

According to four years ago, the number of divorces is less than marriages. But at the same time, virtually every second marriage breaks up over the next year. This statistic is depressing.

In order to carry out the divorce process, it is advisable for spouses to familiarize themselves with some important issues, as well as with all the accompanying nuances:

1. What it is?
2. Where to apply?
3. The duration of the process.

What it is

Divorce is a legally important act, as a result of which the civil status of the spouses changes.

Being married, a man and a woman have a fairly large number of different responsibilities in relation to each other:

• joint housekeeping;
• raising common children;
• other.

After the dissolution of the marriage, all these obligations are annulled. However, there are many different important points regarding divorce.

For example, both parents, even after the dissolution of the marriage, are obliged to financially support their children - until the very moment they come of age. It should also be remembered that during a divorce, it is usually carried out.

If any property was acquired in the process of matrimony, then the husband and wife have equal rights to it. In the event of any disputes, it will be necessary to apply to the court.

In this case, it is necessary to be guided by the Family Code of the Russian Federation, as well as other legislative acts, federal laws.

Where to apply

You can apply for a divorce in the following instances:

1. MARRIAGE REGISTRY.
2. Magistrate's Court.
3. District court.

The easiest way to get a divorce stamp in your passport is through the registry office. In this case, this process requires a minimum amount of time.

To implement it, it will only be necessary to draw up a special one, as well as provide a passport of a citizen of the Russian Federation and pay a state fee. payment information must be attached to the submitted application.

But an appeal to an institution that registers acts of civil status is possible only if the spouses do not have any property claims against each other, as well as joint minor children.

Or when a special agreement has been drawn up on the division of jointly acquired property, and the children have already become adults. Otherwise, the appeal to the courts simply can not be avoided.

An application must be made to the Supreme Court. Moreover, the case falls within the competence of this authority only if the value of the claim is less than 50 thousand rubles.

The divorce process through the court is a rather lengthy and complicated procedure. Therefore, if possible, it is worth solving such issues through the institution that registers civil status - the registry office.

Process duration time

Regardless of the instance in which the corresponding claim was filed, the duration of the divorce proceedings is at least 1 month.

Moreover, this period is counted from the date of submission of the application to:

• MARRIAGE REGISTRY;

Such a long period, equal to a whole month, is necessary in order to give the spouses the opportunity to think carefully about their decision. Within 30 days from the date of filing the application, you can pick it up without any consequences, and a simple oral request is enough.

This moment is indicated in the legislation. But it is important to remember that only the spouse who wrote it can pick up the application. If this document was submitted to the registry office / court signed by the husband and wife, the presence of both of them is required to cancel it.

After the application is accepted and an appropriate entry is made in the register of civil status in case of divorce through the registry office, the marriage will be finally terminated only after 10 days.

Until the expiration of this period of time, spouses will still be considered husband and wife. In total, even through the civil registry office, divorce is carried out no earlier than 40 days later.

Divorce in court takes even more time. The case itself begins only after the expiration of 30 days from the date of filing the statement of claim.

Also, the divorce process itself usually lasts at least 10 days. It should be taken into account the fact that one of the spouses can postpone the process of proceedings as many as 3 times in a row - but if there are serious reasons for this. If one of the spouses cannot attend the meeting for 4 times, it will be accepted without him.

But at the same time, there is a time limit imposed on the duration of the divorce proceedings. The case cannot be considered for longer than 3 months.

After the expiration of this period of time, the court is obliged by law to make any final decision. It will be possible to appeal it within the next 30 days after the issuance of the court order.

What is needed for a divorce

In order to avoid the emergence of various kinds of controversial situations, as well as other difficulties, both spouses should deal with some important issues before filing for divorce:

1. Documents required for divorce.
2. Submission order.

Required documents

Divorce through the court is implemented in the following cases:

• the divorce procedure through the registry office is not possible due to the disagreement of the second spouse;
• husband or wife agree to a divorce, but for some reason do not want to visit the registry office;
• has a minor child.

To carry out the divorce proceedings, the following documents must be submitted to the court:

1. Application made in accordance with the provisions of the law.
2. Passport of a citizen of the Russian Federation - the plaintiff.
3. Confirmation of payment of the state fee for the performance of a legally important action.
4. - in the original.
5. all joint children.
6. or an agreement on the division of property - if any.
7. - notarized copies.

You can also submit a special document, which is a written consent of the second spouse to the implementation of the divorce process. This document allows you to implement a divorce an order of magnitude faster.

It must include the following information:

• surname, name and patronymic;
• place and date of birth;
• concise consent to divorce;
• date of preparation of the document;
• spouse's signature;
• details of the marriage certificate;
• the number of the entry in the acts of civil status on marriage;
• details of the place of marriage.

An application for divorce must contain the following information:

1. FULL NAME. claimant.
2. Place and date of birth of the plaintiff, passport data.

As well as:

If there are common children, it is also required to indicate their details.

Submission procedure

The process of submitting documents to the court office is as follows:

• payment of state duty;
• writing a statement of claim in the prescribed form;
• collection and transfer of all mandatory documents to the court office.

When all documents are accepted for consideration, copies of all documents and will be sent to the respondent's address.

Video: legal aspects of divorce

Main nuances

There are some important things to remember about the divorce process:

The defendant is given only 1 month to appeal the relevant court decision. If this deadline expires, then a counterclaim can still be filed. But the probability of winning it in court will be practically equal to zero.

The same goes for the division of property. The claim must be filed no later than 3 years from the date of the divorce. After this time, the spouse has the right to dispose of the property at his discretion.

The process of dissolution of marriage in some cases is a rather complicated process. That is why both spouses should carefully read the legislative framework, as well as various other important points.

Modern technologies do not stand still and are developing every day. A few years ago, if the spouses decided to dissolve the marriage, then they would not have faced the question of how to apply for a divorce. Previously, they had only one way out - to contact the registry office.

Fortunately, those times are in the past. Today there is an opportunity to file for divorce through the "Gosuslugi". Even spouses who are about to get a divorce, but live in different parts of the Earth, can use this service without leaving their home using the online service. They will be separated remotely.

Divorce

Divorce happens:

1. (the decision to dissolve the marriage must be made mutually). They can divorce in the registry office if the couple does not have joint young children. However, there is an exception. A marriage can be dissolved in the registry office only if the child is recognized as fully capable before reaching the age of majority and is engaged in entrepreneurship or is officially employed. The couple will be divorced 30 days after the application was filed. Both parties will receive a divorce certificate.
2. With the consent of one of the spouses (assumes that there is no mutual consent of the parties to divorce). Divorce can only take place in court.
3. If there are minor children (if the divorcees have joint young children, then they can only be divorced through the court). A husband is not eligible to file for divorce when:
   • the wife is in a position;
   • joint child is less than 1 year old.

Filing for Divorce Online

Only registered users have the right to apply for a divorce via the Internet. In guest mode, you can only view sections of the site, but you cannot order services. It is worth noting that it is not always possible to get a divorce online. There are situations when it is impossible to do this without a court decision.

When you can not do without contacting the judiciary:

• the divorcees have a child who has not yet reached the age of majority;
• one of the parties does not want to get a divorce;
• one of the divorcees is not capable;
• there are property disputes.

It is not always possible to get a divorce in the registry office, and sometimes they may refuse to accept a claim. In such a situation, you may have to file a complaint with the court. It is served at the place of residence. Before registering on the site, it is better to clarify whether your couple can file for divorce in this way. It is very easy to do this, just call the support number.

How to file for divorce online? The State Services website will help us!

You can apply for a divorce through the "Public Services" by following these steps:

1. Register for portal. The registration button is in the upper right corner.
2. After that, you will be redirected to a page where you will need to fill in personal data. It is very important to specify them correctly, as messages from the site will be sent to the entered phone number and email address.
3. An email with an activation link will be sent to your email once all the fields have been filled in. You need to go through it and thereby confirm that the actions were performed by the owner of the entered mail.
4. When the user follows the link, a page is initially opened where the password must be entered. If it is entered correctly, then the transition to the personal account is carried out. All data about the user must be filled in the personal account, namely:

• place and date of birth;
• citizenship;
• number of the pension certificate;
• No., series, date of issue of the passport;
• the name and code of the department that issued the passport.

If not all fields are filled, you will not be able to use the services of this site, and the application will not be processed.

1. After entering all personal data, you must confirm your identity. How can this be done:

• come to the branch of the service center and present your passport to the manager. The exact address can be found on the website;
• with the help of a letter. To do this, enter your home address on the site and within two weeks you will receive an email containing a confirmation code. This special code must be entered in your account.

Identity is considered confirmed immediately after all actions are completed.

What do you need to file for divorce online?

1. Go to the Public Services website.
2. Select the service "State registration of divorce". Be sure to indicate the registry office where the marriage was previously registered.
3. A form will appear on the screen in which you need to fill in all the empty fields. Then upload your passport photo to the website.
4. Go to the "Documents" tab and fill in all the fields. Then upload the following documents:

• Marriage certificate;
• passports;
• insurance certificate.

On the site you will find a complete list of documents that will be needed. There are some comments for each document. Sometimes a copy will suffice, and sometimes only the original is required.

1. After all the documents have been sent, you need to choose a convenient way for you to receive messages. For example, notifications by mail or mobile phone.

The submitted application will be considered within 1 month. After the procedure is completed, you will receive a message. It will indicate the date of appearance at the registry office. On this day, the spouses will receive a certificate in the original, which confirms the dissolution of the marriage, it is issued to both parties.

How to pay the state duty?

If the divorce occurs by agreement of the two parties, then the amount of the state duty is 650 rubles. If consent is expressed by only one party, then 350 rubles.

In order to pay for this, you need to print the form. You can deposit the amount at any branch of the bank. In addition, there is an opportunity to use Internet banking. You can find the form for payment on the portal "Gosuslugi" in the "Documents" section.

The Gosuslugi website is being modernized all the time and is trying for the convenience of citizens. Those who are getting divorced can get a free phone consultation. To do this, just call the support service. A receipt confirming that the fee has been paid must be carried with you when visiting the registry office.

Summing up, we can say that this method of filing a divorce is very convenient and saves time. Of course, you still have to go to the registry office 2 times. But all the problems that arise can be solved online. For example, if a document is missing, employees will report it by phone or by e-mail. You will not need to go to the branch. You can send the missing documents without leaving your home.

In 2019, the divorce procedure in Russia remains the same. You can dissolve a marriage in an administrative (through the registry office) or in court. It is also possible to file for divorce through the State Services or the MFC (in the event of an administrative divorce). To file for divorce, you must follow all the procedures prescribed by law.

Grounds and ways of dissolution of marriage

The current Russian legislation provides for two options for divorce: (civil registry offices, i.e. in an administrative manner) and (judicial procedure). Of course, from a legal point of view, the easiest way to part is by filing an application with the registry office, but not all divorcing couples have such an opportunity - for example, divorce will have to go to court if the spouses have common minor children, if one of the parties (husband or wife) does not agree to divorce, or if they have disputes about the division of property.

You can apply to the registry office only if certain conditions are met:

• both spouses apply jointly, without objecting to the separation, and also do not have common children who are under 18 years old;
• only one spouse files for divorce, while the second was either sentenced to a long term for a crime (more than 3 years), or recognized by a judge as incompetent or missing.

Writing an application

This period is provided so that the divorcees can rethink the decision. Only after confirming the readiness to complete the divorce procedure, the former spouses will be issued a certificate of divorce.

You can also apply for a divorce at the registry office or.

Divorce in court

Any judicial procedure always provides for certain difficulties and duration of the resolution of the case. This is also true for divorce proceedings. Divorce should be done through the court if:

• the husband and wife have common children who have not reached the age of majority;
• spouses cannot independently resolve property disputes;
• one of the spouses does not agree to parting amicably or refuses to submit a joint application to the registry office.

Going to court begins with filing a claim for divorce, which must be drawn up in accordance with all the rules for its speedy acceptance by the court for consideration.

Which court to apply to

Charges for filing a lawsuit National tax:

• 600 rubles for a simple divorce;
• up to 60,000 rubles when dividing property (the amount of state duty in this case depends on the price of the claim).

Deadline for reconciliation

The judge, at his discretion, determines whether it is possible to save the family. Even if there is even a minimal probability, then he can appoint a husband and wife a period for reconciliation. Such a term cannot be more than 3 months but cannot be less than 1 month. In order to reduce the time limit set by the court, the parties have the right to ask the court to do so, providing justification for such a reduction.

Court session and issues resolved by the court in its course

The court session is held on the day appointed by the judge. The parties will be notified in advance of this date and time of the hearing. The following issues may be resolved by the court:

1. About collecting child support.
2. About recovery (spouse).

The court's decision

In the divorce process, a court decision is one main document, because it is on its basis that the marriage will be recognized as dissolved. In addition, it is on the basis of the decision of the judicial authority that a certificate of divorce is issued.

The decision of the court on divorce entails legal consequences only after it enters into force. To do this, it is necessary that a month has passed after its issuance, allotted for the possibility of appealing it.

Judgment can be appealed to a higher authority. This can be done not only by the plaintiff or defendant, but also by any third party participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of the dissolution of the marriage itself, but also how the court divided the jointly acquired property or determined the place of residence of the children.

Certificate of divorce and the possibility of changing the surname

Certificate divorce is issued by the registry office. To obtain it, you must submit an extract from the court decision on divorce. An extract (it indicates everything that the registry office should take into account when taking actions to issue a certificate) must be issued within 3 days from the date the decision comes into force. If it is difficult or impossible to obtain it, then a copy of the court decision is also suitable for presentation. The certificate is issued to each party, to obtain it you need to pay a state duty in the amount of 650 rubles from each spouse. In case of its subsequent loss, it can be restored by re-paying the state duty.

After divorce spouses have the right to change their surname. This must be done at the time of registration of a divorce in the registry office, that is, when applying for a divorce certificate. Remember that when you change your surname, you will also have to change your passport!

Special cases

When a marriage is dissolved, there may be situations that require separate consideration.

Divorce without the presence of a spouse

Divorce without the presence of one of the parties is possible in the following cases:

• if the spouse is physically unable to be present in court or the registry office;
• if the spouse does not agree to parting and expresses this by his absence;
• if the spouse is recognized by the court as incompetent, missing, or convicted for a term of 3 years and is in prison.

If one of the spouses cannot be present during the divorce procedure, then he can authorize a proxy to represent his own interests.

The court may also conduct a trial in absentia. In this case, the defendant is informed about the divorce proceedings, while he must report the impossibility of attending the meeting and ask to postpone the hearing or consider the case without him, but if he did not use this right, the court will make a decision in absentia.

In the event that the defendant fails to appear at the hearing three times for reasons that cannot be recognized as valid, the court at the last hearing makes a decision on divorce.

With mutual consent, both the employees of the registry office and the judge can dissolve the marriage in the presence of only one of the parties. At the same time, it must be remembered that in the absence of mutual consent, a marriage can only be dissolved through a judicial procedure.

Divorce with a foreigner

It is possible to terminate a marriage union with a foreign citizen in Russia both through the registry office and in court.

• Administrative divorce produced according to the standard procedure for the Russian Federation. It is also possible to dissolve a marriage without the presence of a foreign spouse, but in this case, his application, certified by a notary, will be required.
• Divorce in court may be accompanied by a number of difficulties in the absence of a foreign spouse on the territory of the Russian Federation. In such a situation, divorce is possible without the presence of this spouse, but his application will be required, as well as full observance of his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted spouse

If one of the spouses has been sentenced to a term of 3 years or more and is in prison, the other spouse may terminate the marriage with him/her in an administrative manner. Such a procedure is possible even if there are common minor children.