Tatiana Sharanda
practical psychologist
family and marriage consultant
head of the psychological development center
The realization of being abandoned is difficult for both women and men
— It is very difficult to say that divorce is harder for someone, men or women. Firstly, it all depends on the situation, and secondly, on personal qualities each person.
Of course, if we talk about general statistics, women are more sensitive by nature, but still the main factor is who left whom. There is almost always someone who has been abandoned. It's usually harder for him. The person who leaves is a priori stronger. The psychological pressure on the abandoned person can be extremely strong. Sometimes even men cannot cope with such situations. Moreover, they often seek salvation in alcohol, gambling, and so on.
- But it also happens that the decision is made mutually. The ending is not always tragic.
- Certainly. There are such couples, and I have deep respect for them. Unfortunately, not everyone can come to an agreement. Good relationships between former spouses are rarely maintained. But people came to me who, despite the divorce, are still friends. And at the reception they were about problems with their common child.
For example, one baby showed psychological difficulties, and both parents were interested in holding him and helping him understand himself. This is a wonderful example to others.
Divorce, get married, get divorced again, get married again
— They say that if one of the spouses has the idea of divorce in principle, then there is no turning back. Sooner or later there will be a break.
- And here we cannot say for sure. Situations vary. It depends on what roles each person plays within the family, which inner self dominates.
There are couples where both he and she are teenagers within themselves, regardless of their real age. In this case, everything is unpredictable, because for them the relationship is rather a game. In words, spouses get divorced almost every day. Gradually, even those around them get used to their scandals. There are times when people actually get divorced. Then they get married again. Then they get divorced again and... get married (laughs). This is their personal journey of growing up. Often in such marriages the child takes on the role of the adult. Paradoxical but true! He is the most responsible and wise in the house. He had to become like this in order to at least survive.
A marriage where one of the partners plays the role of a parent can last quite a long time, since a mature person understands a lot, is not afraid to take responsibility and knows how to give in.
There are unions where the husband and wife are both independent individuals, both adults. In this case, the reason for divorce is usually very serious, for example, a discrepancy between the sexual constitution. When one of the partners is hyperactive, and the other is much less interested in the intimate side of life. Or someone has not just a fleeting relationship on the side, but a strong attachment that gradually develops into true love, and being together is simply unbearable.
Society no longer blames a wife who leaves the family
— Based on your experience, who most often initiates divorce?
— You might be surprised: today these are more and more often women! They can provide for themselves financially, their parents help them, they have ambitions, personal goals, society no longer blames a wife who leaves the family, it is no longer a shame. Sometimes it is almost impossible to reach the modern Amazon. If she decides something for herself, it’s difficult to stop her.
— Inner freedom is good. But is the decision to burn bridges always the right one?
— I am probably a very conservative psychologist. Today independence and strength are promoted. However, it seems to me that we need to try to save the family to the last. You shouldn't make hasty conclusions. After all, you can regret it very much later, and it’s not always possible to get everything back.
A lot of people come to me, and I can say with complete confidence that children suffer the most from the separation of their parents. This and psychological problems, which then accompany them into adulthood, and various diseases, the cause of which was severe nervous stress. And in adolescence and suicidal thoughts may even arise. And these are not unfounded statements, but real situations that I, as a specialist, had to deal with. The psyche of children is quite flexible, but boys and girls aged 13-17 are extremely sensitive.
For 47 years the man carried within himself a tormenting feeling of abandonment
— Is it worth saving a marriage solely for the sake of children?
- If this is impossible, I always ask parents to at least try to maintain warm relations with each other. This is important for children. Don’t swear, don’t find out in front of them who is right and who is wrong, try to come to some kind of compromise, because, as I already said, the situation of divorce greatly hurts boys and girls. If you do not pay attention to this in time, the pain will torment a person throughout his life.
Just recently I talked with a woman who is already 47 years old. Her dad left the family when she was little. This is how the situation developed. She did not see her father. I decided to do this only now. I found out the address and visited my parent, who had long since moved to Moscow. The meeting turned out to be very warm. The father was glad for his daughter’s arrival, he showed her the capital and told her about his fate. The woman admitted that she only now realized: all her life she felt inferior. And only now she felt better. For almost 47 years the man carried within himself a tormenting feeling of abandonment.
— Have there been any cases in your practice when people regretted getting divorced?
— I ask about this, and usually a positive answer to this question is given by people who are well over 35.
- What is the main reason?
— A relationship on the side that the partner could not forgive, even if it was actually something not serious at all.
I only know three good reasons for divorce
— How do you understand that a divorce is really necessary, because there are such situations?
— So that you understand better, I’ll tell you a little story. Back in the Soviet Union, I read a letter from a woman in a very serious magazine. This was a kind of message to all people. She wrote about her life. The narrator had a wonderful family: good husband and two children, peace and all. But the woman began to notice that her husband began to move away - all his free time devoted only to children. At some point, the wife began to ask questions. The husband honestly answered that she was very dear to him and he respected her immensely, but... only as the mother of their children, it turned out that he fell in love with another.
The woman cried, was offended, cursed. He endured and did not make excuses. The man was very attached to the children; he could not leave his family. Yes, his wife internally did not let him go. Slowly and painfully, the realization came to her that a person dear to her was simply dying before her eyes. A conversation took place and they parted.
Without waiting for the morning, he took some things and rushed towards his dream. However, he was in such a hurry that he lost control and crashed. In an instant, hope and support for everyone disappeared. In the letter, she asked not to repeat her mistake, but to understand and accept the feelings of another and, no matter how painful it may be, to let go.
What is this story for? Love is the most important reason. If you feel that they are not lying to you, that a serious feeling is forcing a person to leave, then you need to come to terms with it.
The second reason is any human addiction, be it alcohol, drugs, gambling. If a person is not ready to fight with himself, it is impossible to pull him out of the swamp, no matter how hard his spouse tries, he will have to drown together. Here I have a rather tough position, because this is true. Too many broken destinies. Former people there are no dependencies.
The third reason is violence. I think everyone understands this. Don't wait for the aggressor to eventually cripple you physically or mentally. Pack your things, seek help, support and leave. There are always options.
It seems to me that there are three main factors. In all other cases, I advise you not to rush into a decision.
Take off your rose-colored glasses!
“Maybe you should ask yourself some questions to better understand what’s going on in your soul?”
— Without coming to a psychologist, you can go projective techniques unfinished sentences on the topic “Family relationships.” In them you just need to finish the saying. It is advisable to do this together, and then exchange the results obtained; they will surprise both. Only I recommend turning to serious psychological sites.
When we get married, we often confuse expectations with reality, endowing our partner with non-existent qualities, perceiving his behavior from a position that is convenient for us. this moment time. And as experience shows, taking off the “rose-colored glasses” and seeing a person from a different angle is very painful.
If partners simply decide to talk to each other, that’s already serious step forward! I take my hat off to people like that. Unfortunately, more and more often couples come to me where he or she demands in an almost commanding tone: “Explain to my husband (wife) what he (she) must do!” Such statements have long ceased to amaze me. Unfortunately, we hear only ourselves and our pain, without thinking about what is going on in the soul of another person. I always want to tell such people: “It’s time to take off the rose-colored glasses!” Although this should have been done before marriage. If you are not ready to accept another person, then it is better not to enter into a relationship. And if we change, then only together.
One more little sketch. I often watch people. What can you do, that's the job. So I remember one scene well (although it is repeated more than once in other interpretations). In the underground. The train arrived. A young couple at the station says goodbye. He kissed her and she walked forward. At the very doors of the transport, the girl turned around to look at the guy. But the young man had already taken out his phone and buried his nose in it. Not a very pleasant situation, you will agree. The girl never received the message she was hoping for.
It would seem nonsense! But it is in the little things that the truth can be seen. I can predict future relationships between people based on this story alone. And my verdict will be discouraging. The relationship is at the initial stage, but already here it is worth asking yourself whether this is the right person and whether we really need each other.
Freedom is too tempting
— Today it is fashionable to say “we took a break” when a couple decided to separate for a while and live separately. Is this method useful?
- I guess, yes. However, there is one thing. Freedom can be too tempting. Primarily for men.
Why do problems start in marriage? There are no obligations during the candy-bouquet period. Today we met, went to the cinema, and tomorrow we decided to relax. There are more positive emotions, and it’s too early to make any complaints. And then you have to be with the person constantly, overcome obstacles together, get used to each other. And for some this is extremely difficult. So it is here. If you feel the taste of freedom again, there is a tantalizing desire to fly away forever. When the wave of joy from independence subsides, it may turn out that this freedom was not really needed.
— Can you give advice on saving a marriage?
- Tell each other about your shortcomings. When I tell my clients this, their eyes widen. And yet, yes, let a man honestly say that from time to time he throws socks all over the apartment, that he doesn’t know how to hang frames on the walls, and so on, and a woman admits that she only knows how to cook scrambled eggs, and sometimes gets upset over little things.
Taking off the mask of ideality, we begin to move towards each other. Before marriage, both men and women often idealize their partner and expect a certain attitude in advance, but then it turns out that everything is not as beautiful as it was in their dreams.
In any situation, try to conduct a dialogue, not a verbal duel, put yourself in your partner’s place, think, then act. This does not always save the marriage, but, believe me, it will preserve your nerves and respect for each other.
Divorce is an unpleasant event in people's lives. But, in addition to the painful emotions that accompany it, one has to deal with compliance with the regulated divorce procedure - step-by-step and strictly regulated actions that must be followed so that the process does not stall and is completed as quickly as possible.
The procedure for divorce - what it consists of, and what nuances of preparation for it must be observed - we will talk about this in the article.
What are the divorce procedures?
The Family Code provides for two options for divorce:
- In the registry office;
- In a court.
Each of them has its own characteristics, different terms consideration of applications and, most importantly, various packages of documents that a spouse wishing to divorce will need to provide in order for the divorce to take place without unnecessary problems and delays.
Divorce in the registry office is considered the fastest and most painless for former spouses, since it does not require personal participation, and therefore personal communication. This is especially significant if the relationship between spouses is strained to such an extent that they do not want to communicate with each other.
Divorce litigation is a much more common procedure that cannot be avoided if spouses have joint (adopted) children, cannot independently divide the property they acquired during their life together, or one of the spouses does not want to dissolve the marriage.
How does the divorce procedure work?
There are two options for divorce through litigation:
- By appealing to the magistrate;
- Divorce in the district (city) court.
The difference between these procedures divorce proceedings procedurally they are not different from each other. But there are restrictions imposed by the Code of Civil Procedure of the Russian Federation on the value of declared claims for the division of property - the magistrate considers only those claims in which the value of the property divided between divorcing spouses does not exceed 50,000 rubles.
The second limitation is the absence of a dispute between spouses about which of them will have born (adopted) minor children. Disputes about the fate of children are subject to consideration only by judges of the district (city) court.
The divorce procedure consists of the following sequential stages:
Contents of the application for divorce
The divorce procedure begins with filing an application with the appropriate court. The initiator can be one of the spouses, or both, by submitting appropriate applications.
Application for divorce, in addition to the required details:
- Name of the court;
- Last name, first name, patronymic of the applicant;
- Registration and actual residence addresses;
- Last name, first name, patronymic of the second spouse;
- His registration address and actual place of residence.
- Did not get along;
- Rude attitude;
- Alcoholism or drug addiction of the second spouse;
- Domestic troubles caused by the lack of your own apartment, lack of funds, inability or unwillingness of the second spouse to participate in running a joint household.
There may also be reasons of an intimate nature related to the sexual life of the spouses or behavior that violates moral standards accepted in modern society - adultery, non-traditional sexual orientation of the second spouse.
In this case, the law does not require a literal statement of the reason. If the applicant nevertheless decides to do this, he at the same time has the right to submit a petition to the court to consider the divorce proceedings behind closed doors - without the participation of third parties and witnesses in the case.
If the statement of claim for divorce includes a requirement to consider the fate of joint minor children, their full names should be indicated. and age.
The formulation of demands to leave children with the applicant (one of the parents) must be motivated.
To do this, in the statement of claim, in addition to the desire for the children to stay with the plaintiff, it is necessary to provide evidence of the ability to provide them with a place to live (living space that belongs to the plaintiff), prove the sufficiency of funds and the existence of a permanent source of income that will provide the parent and children with income, not below living wage established in the region of residence, the opportunity to participate in the care and upbringing of children, to refer to their personal affection.
This is especially true for children over the age of 10, since when making a decision, the court takes into account the interests of the children and takes into account their opinion expressed in court - with which parent the child wants to stay.
When including claims for division of property in the statement of claim, it is necessary to indicate (list) all the property that the applicant is claiming. In this case, it is advisable not only to indicate, but also to document the fact of acquisition of this property during the period of cohabitation in a marriage registered with the registry office. It should be remembered that property acquired by each spouse before marriage, or gifted (inherited) to one of the spouses during the marriage is not subject to division.
When filing a petition for alimony, you must provide evidence of the solvency of the second spouse. If he does not have a permanent job or other sources of income, he should petition the court to assign a fixed amount of alimony for the maintenance of children or a spouse who is pregnant or caring for a child under 3 years of age.
The application should not miss the fact that the applicants themselves have the right to request alimony for maintenance from the second spouse. This is possible in cases where permanent disability occurred during marriage or within a year after its dissolution, and the spouse applying for alimony has income below the subsistence level.
Preparation of documents
Having set out all the claims in the statement of claim, each of them must be supported by relevant evidence. If there is no documentary evidence, petition the court to call witnesses who can reliably confirm the requirements set out in the application.
Typically, a package of documents for divorce consists of:
The greatest difficulty for the applicant is the preparation of documents that are designated as “other”.
It is their collection and proper registration that is most difficult to deal with. This often requires the involvement of a family law attorney.
These may include:
- Documents confirming ownership rights to real estate (apartment, house, commercial property, land plot);
- Documents confirming the fact of the purchase of vehicles at the applicant’s expense (it should be remembered that a vehicle registered in the name of one of the spouses and registered with the State Traffic Safety Inspectorate, purchased with joint funds, is subject to division);
- Documents confirming that the spouses have securities (shares) that can be registered in the name of one of them;
- Evidence of the existence of sources of income for the second spouse, which are not declared by him and are not taken into account by the tax authorities, the Pension Fund of the Russian Federation and the Federal Security Service;
- Sometimes it is necessary to establish the location of the second spouse, who is hiding, not wanting to dissolve the marriage.
Further course of the divorce process
After all the documents have been collected, the state fee has been paid and the application has been accepted by the court office, after the expiration of the procedural period, which cannot be less than 1 month, the first hearing is scheduled - a conversation.
Both spouses are invited to attend.
During the conversation, the court establishes the true motives that led to the divorce and takes measures to reconcile the spouses. To do this, they are given a period of 1 to 3 months.
If during this time the spouses do not resume marital relations and at least one of them will insist on a divorce - the court will begin to consider the case on its merits.
During the court hearing, the arguments of the plaintiff (his representative) and then the defendant (or his representative) are heard. If we are talking about deciding the fate of minor children, then children who have reached the age of 10 years are invited to the court (or the materials of the conversation are read out) so that they confirm which parent they would like to live with.
After this, the court begins to study the evidence presented. During this procedural action, each party has the right to present its own evidence or challenge the evidence presented.
IN necessary cases the court summons and interrogates the parties' witnesses.
After studying the materials on the case, the parties begin debate. In them, they can once again present their vision of options for resolving the dispute, confirm or refute previously stated requests.
After the debate, the court retires to deliberate.
A decision in a case made by a district (city) or magistrate judge can be appealed within 10 days from the date of its adoption.
If the decision is not appealed within these deadlines and neither party has declared the restoration of the missed deadlines for valid reasons, the divorce process in court is considered completed. The decision on divorce comes into legal force and within 3 days is sent to the registry office at the place of registration of the spouses to issue divorce certificates. From this point on, the spouses are no longer considered married.
Ask a lawyer a question for free!
Briefly describe your problem in the form, lawyer FOR FREE will prepare an answer and call you back within 5 minutes! We will solve any issue!
To dissolve a marriage means to officially end a relationship between two people. Today, for this, it is not enough to live separately and stop communicating; it is necessary to carry out a legal divorce procedure through the registry office or in court. At the same time, there is a certain procedure for divorce through the registry office at the end of the process, during which citizens receive the corresponding document.
Due to the relevance of the topic raised, this review will provide comprehensive information on such questions as: how to get a divorce through the registry office, what is needed for a divorce in the registry office, is it possible to get a divorce if you have children, what are the rules for divorce and how to write an application for divorce.
Also, all readers have access to sample documents and standard forms, which can be downloaded in a free format.
Visitors to the portal can benefit from free consultations with lawyers on family matters.
A popular question that many couples ask when deciding to end a relationship is “How to file a divorce through the registry office.” Note that even if only one side wishes, this will happen. The only thing is that such a process will be considered in a judicial body. Therefore, reluctance and any evasion will not affect the legal side in any way. For the main postulate of the Constitution of the Russian Federation is “Where the freedom of one person begins, the freedom of another ends.”
However, the Russian legislation provides for exceptional cases in which the opinion of the party will always be taken into account. In what cases is this possible:
- if the spouse is bearing a child together;
- if the spouse is raising a common child or children between 1 and 3 years of age.
However, at the same time, the spouse has the right to file an application for divorce in court if the wife gives such consent. In practice, such situations occur extremely rarely. It should be noted that even with a stillborn fetus or fatal outcome after the birth, the spouse will have to wait 12 months in order to file a claim for divorce without trial.
The divorcing person has the right to go to the registry office or send a claim to the court (civil or magistrate). It depends on whether there are minor children together and whether it is necessary to divide property. An important point is that even with such a question, the spouses can reach an amicable agreement, record it on paper with a notary and thereby initiate the divorce process through the registry office. To find out how to do this correctly, contact the portal’s specialists, who will answer your questions for free.
How does a marriage end through the registry office?
This section describes the two most common cases when filing a divorce in the registry office in 2020.
There is consent of the other party
The divorce procedure through the registry office is carried out in a simple and least painless manner not only for spouses, but also for loved ones. To do this, you should visit the registry office office, as a rule, this is the branch where the marriage registration took place. Take a sample there that suits your case and fill it out correctly. In the absence of factors such as joint children and conflicts over the division of property, the divorce will be carried out in a branch of the registry office.
Similar actions will be taken if one party is unable to appear at the trial. Here, before visiting the registry office, you need to go to a notary and draw up a legally correct consent to divorce.
If the spouse or wife is in prison, the application must be certified by the head of the institution.
Over the past few years, the country has developed a state portal of services for the population. Multifunctional centers are also opening everywhere where you can file a divorce at the registry office in 2020 in Russia.
Application to the registry office from one party
You can also file a divorce at the registry office without asking your spouse. However, such cases are clearly stated in the Russian Investigative Committee, namely:
- If the court finds the spouse guilty and deprives him of his liberty to serve a prison term of 3 years or more. When submitting an application, you must attach a copy of the court decision on this issue.
- The other half of the couple was declared incompetent by the judiciary. The corresponding decision should be attached to the divorce documents through the registry office.
- A situation in which one of the parties goes missing. The evidence is a copy of the resolution.
If your situation fits these conditions, then after reading this article you will no longer ask the question “How to get a divorce without a trial.” Next, you will learn how to apply for divorce and how to draw it up legally.
Correct wording of an application for divorce
Divorce in the registry office, upon reaching a mutual decision between the parties, involves filing an application for divorce in the registry office. In this case, as noted above, when submitting an application, it is allowed to provide a second consent in the form of a notarized document.
Divorce in 2020 through the registry office must occur on the basis of an application in a form that suits the situation:
Samples of each form can be downloaded from the portal free of charge.
The application must include a mandatory clause about:
- contact details of the parties;
- marriage registration certificate number;
- where did the registration take place?
- the fact that there is no child together;
- National affiliation is indicated optionally;
- When divorcing, you should fill in the “Last name after” column.
After the application has been written, you must take the details of the selected authority and pay a state fee of 650 rubles. for each or 350 rub. in cases provided for as exceptional. The submitted document must be certified by a receipt of payment made. Otherwise, it may be refused acceptance.
In the event of a divorce through the registry office in which the spouse died, this certificate must be attached. The divorce application to the registry office does not indicate the reason, which is a significant psychological advantage in contrast to the courtroom.
Additional Information
For a divorce without trial, the following nuances should be taken into account:
- Failure to appear at the department for an unexcused reason entails the applicant’s right to receive a positive decision at the first meeting with the department staff. Valid reasons include if the person terminating cannot be present due to the following reasons: severe illness, stay on a long business trip at a remote distance, conscription for military service. A possible way out of this situation is to provide written permission.
- If a conflict situation arises regarding the division of jointly acquired property, then a divorce can also be filed at the registry office. This goes as follows: first, the marriage is dissolved in the registry office, and then legal proceedings are initiated for the division of property. Detailed information Find out from the portal's lawyers.
- Divorce in the registry office is permitted only if its registration took place on the territory of Russia. In all other cases, the application will be rejected.
It is noteworthy that backtracking after the completion of the process is not permitted by law, i.e. if the decision was mutual and both parties are capable.
Duration of divorce proceedings
The reader already knows how a divorce occurs and how to submit an application for divorce to the registry office. Now it is necessary to touch upon the moment of the period during which the correct divorce process is carried out.
So, starting from the date of filing the application, the parties are given one calendar month in order to weigh everything. After all, quite often husbands and wives go to the registry office in a stressful state after a disagreement. That is why such a period is given to withdraw the application. If this happens, the divorce procedure states that the entire process will be canceled, but the state fee will not be returned. Therefore, if you do not pick up the application within this period, then upon its expiration the procedure will automatically end.
On the appointed date, the spouses come to the registry office to divorce. This is done in order to obtain a document indicating a divorce. Employees of the authority make an entry in the act, put stamps in passports, and from that moment on, the social condition of people changes. It is noteworthy that the appearance of one of the spouses is sufficient for the certificate to be obtained and the marriage to be officially recognized as dissolved. The second spouse who has divorced can visit the department at a time convenient for him. This will no longer affect the situation.
The period of divorce proceedings can be changed if both spouses express such a desire. An increase in the consideration period is required in cases where the appeal goes to court due to a change in the decision of one of the parties. A statement of claim is filed, the main requirement of which is the termination of the marriage relationship. In this case, the process will take a long time, because Each situation is considered individually.
Important information: The divorce process takes place in accordance with the rules from the Investigative Committee of Russia, namely Article No. 19 and Chapter No. 4 of the Federal Law “On Civil Status Acts. They contain complete information about the conditions for divorce in the registry office, incl. requirements for applications, the procedure for submitting them and, accordingly, the procedure itself.
Valery Isaev
Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal profession, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.
It just so happens that in our country, almost a fifth of all marriages break up in the first three years of marriage. As a rule, during this period spouses do not always have time to have children. Therefore, in most cases, an application is submitted to the registry office for divorce without children. But even in this case, when the spouses do not have any claims against each other, certain nuances are possible, which you need to know in order to divorce your wife competently.
You need to muster up the courage and in a tactful manner, calmly discuss everything that does not suit you, how long it has been happening, the prospects for further life together, as well as the opportunity to start life from scratch.
You need to try to make the person agree with you. Then the divorce will occur by mutual consent, without unnecessary stress. It will also be possible to maintain good relationships and seek help from each other in difficult moments of separate life.
How to divorce your spouse when there are no children and there is consent
It is easiest to divorce your wife when the divorce occurs without children and without a property dispute. In this case, you will need the following:
- Personal presence of the spouses (or a notarized statement of one of them);
- Statement of the established form in the registry office;
- Payment of state duty (in one payment).
A sample application (on Form 8) for divorce in the absence of children can be taken directly from the registry office.
This application must contain the following information:
- the name of the civil registry office to which the application for divorce is submitted;
- the address where the applicant lives;
- surname, name, patronymic of the spouses;
- date, month, year of birth;
- Which country is the applicant a citizen of?
- passport data;
- Marriage certificate details:
- It is also necessary to enter the surnames that the spouses keep after the divorce.
Here you will need passports (basic data is taken from them during the process of filling out the application). The procedure for severing relations in this case will be completed a month after the spouses have written and registered the corresponding application.
The legislator set this deadline in case the couple suddenly changes their mind and decides to withdraw their application. It should be remembered that during this entire period, the written document for divorce without children and property disputes should not change. Otherwise you will simply be sent to court.
No consent and no children
In practice, cases are not uncommon when only one of the spouses needs a divorce, and the other in every possible way prevents the divorce from being processed through the registry office without children. Here you will definitely have to go to court. Regarding the documents that will be required to begin the procedure for filing a divorce without children and without consent, duplicates of them can always be obtained from the authorities where the originals were issued. To initiate divorce proceedings in court you will need:
- statement of claim - ;
- receipts for payment of state fees.
The law provides for the possibility of considering a case without the presence of the plaintiff; for this, the corresponding desire must be reflected in the application. With this option, the court decision will be sent to the plaintiff by registered mail.
It is worth noting that the division of property can be the subject of dispute, both during the divorce process and after its completion for three years.
Usually, a divorce through court without children, if there is no property dispute, does not take much time - from a month to three. It all depends on the position of the second spouse. It is important to understand here that the divorce of spouses without children can be extended over time due to a court decision to give the spouses time for reconciliation. The law allows up to three months for this.
If the second spouse completely ignores the court hearings, while being properly informed about them, a unilateral divorce without children is possible after the third failure to appear at the scheduled hearing.
Features of unilateral divorce
The law provides for cases when only one person can write an application for divorce without children. The sample application in this case must contain the reason indicating the legally provided right, namely:
- the second of the married couple is incapacitated;
- the spouse is in prison with a sentence of more than three years in prison;
- the absent spouse has gone missing.
To file a divorce at the registry office without children, you must provide a copy of the court decision with a note that itcame into force, and was not appealed. Then the state duty will have to be paid in a smaller amount. The specific amount for a specific date can be found out by reading the relevant norm of the Tax Code.
In the case of a unilateral divorce, an application form (Form 9) is filled out; we will explain how to fill it out below:
- The full name of the civil registry office department to which the package of documents for divorce is sent is indicated;
- The content of the application must include information about the intention to divorce the spouse, and his (her) full last name, first name, patronymic;
- Information about spouses, as well as information about the last place of residence of a spouse whose whereabouts are currently unknown (in case he is missing);
- The reasons for the divorce on the basis of which the applicant applied, as well as information about the court decision declaring the person missing, are indicated;
- Applicant's passport details;
- Details of the registration certificate of a previously concluded marriage.
If the application is written by the wife, then she must also fill out the column indicating the last name that will remain with her after the divorce.
In case of incapacity of the spouse, it is necessary to indicate the address and full name. guardian.
If the spouse is serving a sentence of imprisonment, the details of the institution are indicated. in which he is located.
There is a property dispute, but no children
If there are no children in the family, and the spouses decide to separate, but they have a property dispute, this can be done in two main ways. The first is to submit documents for divorce through the registry office, end the marriage, and then file a lawsuit for division of property. In this case, the legal dispute will be considered between two free citizens who are free to develop their new family life in parallel.
But in most cases, when there is a dispute over property, a claim for divorce through the court without children is filed together with a demand for division of property. Then the procedure for divorce without children can be significantly delayed, and the spouses will formally be married all this time and bear mutual obligations. Therefore, it is more advisable to initially file an application for divorce in court, break off the relationship, and only then begin dividing up the property acquired together.
Is it possible to simplify divorce and make it quick?
Of course, the procedure for divorce proceedings without children with mutual consent greatly simplifies the task of formalizing and arranging future life. After all, you don’t need to think about how to pay child support, help a child in difficult times, or just be with your child.
You should strive to terminate the relationship through the registry office, and not through the court, since the latter option takes longer and is accompanied by negative emotions and stress. Moreover, the court usually allows a certain time for the spouses to make a final decision; explains all the details family life to confirm the impossibility of further existence of the family.
To reduce the time of divorce proceedings in court, it is necessary to strive to come to a compromise by formalizing it in the form of an agreement with a notary, which will not allow one of the parties to abandon previously accepted agreements in court. On average, a divorce through the court takes at least 3-4 months.
It should be noted that the registry office can file a divorce without minor children, if there are still children in the family. In other words, if your children are over 18 years old, you also have the right to go to the registry office, submit an application and after a month receive a document confirming the breakup.
For those who are afraid of getting a divorce because of child support, you should know another rule of law, according to which you can arrange child support without a divorce. So, you will not be able to get away from supporting your child, if the second spouse wishes.
In what cases will a divorce be carried out as quickly and smoothly as possible?
1. The presence of mutual consent of the spouses to file for divorce;
2. If the spouses live separately for a long time and there is evidence of this;
3. absence of children, or the age of the children exceeded 18 years;
4. The husband or wife is serving a sentence of imprisonment;
5. The court has declared one of the spouses incompetent.
How much does divorce cost in 2020?
The price varies depending on the city. in which the statement of claim is prepared and the status of the legal office. We suggest focusing on the following numbers:
Preparation of a statement of claim with a package of documents - 5 - 7 thousand rubles;
Representation of interests and their defense at court hearings - 10 - 15 thousand rubles;
Appealing a court decision - 5 - 7 thousand rubles.
Considering the negative aftertaste that remains after making a decision to sever a relationship, it is advisable to initially find for yourself the best option for legal registration of this process, so as not to injure yourself and your partner. ex-spouse(spouse). Everything happens in life, it’s better to stay far away, but good relations, because it’s not enough how fate will turn in the future.
And it’s even better to hear each other’s complaints, try to both change and save the family!