Where does divorce take place? Divorce through the court with children: the procedure for dissolving a marriage in court. What is divorce of spouses

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.

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Divorce through the court is one of the most complex procedures in family legal relations, since it can be closely intertwined with the resolution of issues about children and the division of property. A simple divorce, as a rule, does not cause any problems, but what if the second spouse directly in court refuses all the agreements reached?!

To obtain a divorce through the Magistrates' Court, you must:

  • Try to reach an agreement with the second spouse;
  • Make sure there are no disputes about children;
  • If possible, agree on the appearance of the second spouse in court;
  • Draw up a statement of claim yourself or with the help of a lawyer;
  • Collect all necessary documents:
  • File a claim in court.

In what cases are divorces done in court?

Spouses will have to terminate the marriage relationship exclusively in court according to the following rules and conditions:

  • The presence of minor children from a joint marriage, and even the presence of consent to divorce and the absence of a dispute about them will not have any significance;
  • The presence of objections from the second spouse regarding the divorce, even if there are no minor children.

If the spouses do not have a dispute about the children, then they will have to get a divorce through the magistrate's court. Otherwise, the fate of the children will have to be decided along with the divorce, and only the district court will be authorized to do this.

An ordinary divorce without children and without property, but only if one of the spouses wants to save the family, will also be considered by the magistrate.

Rules for divorce in court

Chapter 4 of the RF IC clearly prescribes all the conditions for completion marital relations both through the registry office and through the court. According to statistics, almost half of disintegrating marriages are dissolved in court by a magistrate.

Divorce through court with children

If the spouses have common minor children from a joint marriage, the divorce will in any case take place in court. Even if a husband and wife have no disagreements about the future fate of their children, a judicial procedure is inevitable.

In the event of an acute conflict and disagreement between spouses regarding the issue of raising children, the court will be forced to find out:

  • Which parent(s) do the children(child) stay with?
  • In what amount and type will alimony for the maintenance of a minor be collected from the second parent;
  • What will be the procedure for communicating with the children of a spouse who does not live with them.

Issues 1 and 2 can be resolved together with the divorce claim by a magistrate, but only if there is no disagreement on this issue. The third question is often raised separately, in a separate statement of claim, and falls within the jurisdiction of the district court.

When determining the place of residence of children over 10 years of age, the court will be required to find out their opinion on this issue.

Spouses can avoid tedious court proceedings that do not always have a positive impact on the children if they agree in advance on all the nuances related to children:

  • will determine the procedure for their material support;
  • decide who they will stay with after the divorce;
  • how a parent living outside the family will communicate with them.

The agreement regarding children can (and is highly desirable!) be notarized and presented to the court. Such a move will reduce divorce through court with children to a formal process and will become the best evidence for the court that the parties unanimously and sensibly approached the divorce, thereby eliminating a lengthy three-month reconciliation.

Divorce through court without children

If the spouses do not have joint children under the age of 18, but one of them categorically objects to the divorce or avoids going to the registry office in every possible way, for a divorce you will have to contact the magistrate with the appropriate claim.

The task of the court will be to properly notify the spouse evading divorce about the filed claim, ascertain his opinion and subsequently issue a court decision.

When a spouse avoids appearing in court in every possible way, the magistrate has the right, after confirming the proper notification of the “evader,” to consider the case without the husband or without the wife with a ruling default judgment. The form of the decision will not affect the registration of the divorce, except that the time frame for the document to come into force may be delayed.

Where to contact

Divorce cases are considered by the court at the place of residence of the defendant - the spouse to whom the statement of claim is filed. Without disputes about children, the divorce procedure takes place through a magistrate at the defendant’s place of residence.

Which court should I file my divorce suit in?
To the world court
  • There are common minor children and there is no disagreement about their fate;

  • The division of property is declared to be no more than 50 thousand rubles for each spouse;

  • One of the spouses does not appear at the registry office or objects to the divorce.
  • To the district court
  • The parents have not reached an agreement about the children: with whom the minors will live, who will raise them and how;

  • A requirement has been added for the division of property in excess of 50 thousand rubles based on the share of each

  • If the defendant's place of residence is unknown, then the claim may be filed at the last known place of residence.

    When combining claims for divorce with division of property, the claim will be considered in the district court (if the cost of the claim is at least 50 thousand rubles) and at the location of the spouses’ real estate.

    Claim for divorce through court

    A claim for divorce in a magistrate's court without children is not the most complex legal document, but it also has some features that it is highly advisable to know before going to court.

    How to compose correctly

    When drawing up a claim, you must be guided by the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation. Unfortunately, the law does not provide specific requirements specifically for statement of claim about divorce. An analysis of these legal norms and established practice allows us to formulate a list of components required for such a claim.

    1. Name of the judicial authority, its address;
    2. Full names of the parties, addresses of registration and actual location, contacts;
    3. Circumstances of the case: date of marriage, period of cohabitation;
    4. Reference to the absence of children, reference to the spouse’s disagreement and the reasons for it (if known);
    5. Request for divorce;
    6. List of documents;
    7. Signature and date of filing the claim.

    The claim is filed in two copies, one for the court, the second for the defendant.

    Sample applications in 2020

    When divorcing through Magistrates' Court without children, the two key statements of claim you may need are two samples below.

    Claim for divorce without the consent of the spouse

    A typical application for divorce without the consent of the spouse, when the second marriage partner evades appearing at the registry office or intends to save the family.

    Claim for divorce in the absence of the plaintiff

    A claim for divorce without consent, but also with a request to consider the statement of claim in the absence of the applicant.

    We remind you that when drawing up any statement of claim without the help of a lawyer, it is advisable to at least get advice in order to avoid missing important nuances. You can consult our specialists for free right now.

    Documentation

    The following documents must be attached to the statement of claim for divorce in the magistrate's court:

    1. A copy of the claim for the defendant (a photocopy is sufficient);
    2. A copy of the plaintiff's passport;
    3. A copy of the marriage document - certificate or original certificate of marriage;
    4. Additional documents: agreement on children; petition for consideration of the case in absence; written consent of the second spouse (if he cannot participate), etc.
    5. Receipt for payment of state duty (in original).

    All documents are provided in copies, but the court may request their originals. Therefore, if it is impossible to attend a meeting, it is recommended to notarize copies of documents, although such an obligation is not stated anywhere.

    How to get a divorce through the Magistrates' Court: instructions, steps

    Where to start a divorce through the Magistrates' Court? First of all, by trying to agree with your spouse on a voluntary divorce. The absence of children gives the right to divorce in the registry office, if an agreement can be reached.

    Otherwise, if the second spouse categorically objects to the divorce, you will still have to go to court.

    The procedure for filing a divorce, stages

    • An attempt to resolve the dispute amicably followed by divorce through the registry office;
    • Drawing up a claim and collecting documents and filing a claim in court;
    • Elimination of shortcomings of the claim (if it is not accepted for proceedings immediately)
    • Participation in preliminary and main court hearings;
    • Waiting for the court decision to come into force;
    • Obtaining a court decision and applying to the registry office to register the fact of divorce.

    Procedure

    1. Peaceful settlement. Agree with your spouse on a voluntary divorce through the registry office - The best way complete family relationships. However, in addition to the expressed consent, the spouse must come to the registry office. One failure to appear and all that remains is trial.
    2. Drawing up a claim, paying a fee. When drawing up an application, it is important to take into account all legal requirements. Any deficiency will result in the claim being abandoned and further refunded.
    3. Before drafting a document, it is best to consult with an experienced lawyer, since blindly using samples from the Internet can lead to a number of mistakes.
    4. Filing a claim. When the claim is ready, it can be sent by mail or brought to court in person. If you refuse to accept, request written justification!
    5. Participation in a court hearing. Participation in the court hearing by the plaintiff is mandatory, but the plaintiff has the right to file a motion to consider the case in his absence.
    6. Obtaining a court decision. After the decision is made, you need to count 30 days from the date of its issuance and then come to the court to receive a duly certified copy. With the received decision, you need to contact the registry office to register the divorce.

    How does a divorce proceed in the Magistrates' Court?

    An experienced lawyer knows by heart how the divorce procedure works in court. For any spouse, divorce through court is not only an absolutely incomprehensible procedure, but also enormous stress and shock, especially when the end of the relationship is far from peaceful.

    Where to start the judicial procedure for ending a marriage and how to file a divorce in court?

    Preparing and filing a claim

    The requirements for the form and content of the statement of claim for divorce are specified in the provisions of Art. 131-132 Code of Civil Procedure of the Russian Federation.

    To file a divorce claim in court you need:

    1. Prepare a statement of claim;
    2. Attach the necessary copies of documents to it;
    3. Pay the state fee for divorce through the court in the amount of 600 rubles and attach the original receipt to the claim;
    4. Send the statement of claim by mail or hand it in personally to the court reception.

    It is extremely important to entrust the actual preparation of the statement of claim to an experienced lawyer, especially if your situation involves conflict and many disagreements on the issue of property, alimony, etc.

    You can try to prepare a simple statement of claim for divorce without children and without disputes yourself by studying our standard one. There you will find all the necessary information about the content of the claim and its preparation. Read more about the documents required for divorce through the Magistrates' Court.

    Remember that you independently protect your rights and interests solely at your own peril and risk. Despite the abundance various forms divorce claims online, only a lawyer can independently draw up a statement of claim that reflects only your situation.

    If you have questions about preparing a claim for divorce, contact the expert lawyers on our portal for free legal advice.

    Acceptance of the claim by the court

    A claim for divorce can be submitted to the court in two ways:

    • Submit it in person through the reception desk of the court or magistrate;
    • Send by registered mail to the court.

    In practice, you can often encounter a situation where court staff require additions to the claim or attached documents in parts not expressly specified in the Code of Civil Procedure of the Russian Federation. Perhaps this is a banal “watchman syndrome”, incompetence, or unspoken instructions to reject some of the claims due to the peculiarities of statistical accounting (for example, the end of the month and the reluctance to increase the balance of unconsidered cases).

    The bulk of such demands are not always legal and court staff are OBLIGATED to accept your claim in any form, submitting it to the office for registration. Only a judge has the right to refuse to accept a claim or request its correction by issuing an appropriate ruling. Insist on acceptance or demand a written refusal: the documents will be taken immediately.

    At the stage of accepting the claim, the judge may make one of the following determinations:

    The grounds on which a judge can make one or another determination are described in Art. 133-136 Code of Civil Procedure of the Russian Federation.

    Thus, the claim may be returned due to lack of jurisdiction of this court or after the expiration of the period that was given to the applicant to correct errors and shortcomings when leaving the document without further movement.

    All court rulings that interfere with the further progress of the case can be appealed to a higher court.

    A typical mistake of everyone who defends their interests on their own is looking for justice where it is not worth looking for. The return of a claim on formal grounds or its abandonment is not at all a reason to immediately file complaints with all authorities. It is easier and faster to eliminate the shortcomings by presenting the document to the court again. The appeal will take 1-2 months with a very doubtful prospect. A competent lawyer can easily determine whether it is worth appealing the court’s ruling or is it easier to fulfill all the requirements?

    Preparing and scheduling a court hearing

    If the claim is drawn up in accordance with the law and filed in the appropriate court, the judge accepts it for his proceedings, prepares the case and schedules a court hearing.

    During preparation, the judge:

    • Distributes copies of the ruling on preparation, the claim and all documents filed with it to all participants in the case;
    • Requests additional evidence at the request of the plaintiff or on his own initiative, makes requests to authorities and authorities (if required);
    • Involve third parties, guardianship authority (if necessary).

    Upon completion of the preparatory activities, the judge, by his ruling, sets the date of the hearing. It also determines the time and place of the hearing of the divorce case, indicates the parties and other persons who must be summoned to court (including witnesses, if declared).

    Notifying Spouses and Others

    Court employees send subpoenas to the addresses specified in the claim, and also, if the plaintiff or other participants in the case have given the appropriate receipts, they use SMS notifications.

    Also, participants in the process can be notified by telephone message, i.e. by calling a court employee at the contact numbers indicated in the claim with further drawing up a document about the progress of the conversation. That is why it is important to leave as much contact information as possible.

    Failure to appear in court

    If you are unable to attend a divorce hearing, you must notify the court in advance. How to do this and what will happen if the plaintiff or defendant does not appear at the process of ending the marriage?

    Plaintiff's failure to appear

    If the plaintiff is unable or does not want to attend the court hearing, then he has the right:

    • Declare directly in the claim to consider the case without your presence;
    • Send a request to hear the case without your participation after the claim has been accepted for proceedings;
    • Request a postponement of the case if there are good reasons for doing so.

    The plaintiff's failure to appear in court without notifying the judge may result in the claim being left without consideration if the defendant does not insist on a hearing.

    Defendant's failure to appear

    An important condition for starting divorce proceedings is proper notification to the other party (the defendant). Having been notified of the time of the trial and not wanting to appear there, the defendant has the right:

    1. Submit a petition to consider the claim without your presence, stating your position on it:
      • On recognition of the claim in full or in part;
      • On objection to divorce.
    2. Request a postponement of the hearing date, but only if the reasons are valid.
    3. Ask the court to interrogate him by way of writ petition when he lives in another area (or even in another state), and also declare his desire to take part in the case using video conferencing systems.

    Failure to appear in court by the defendant notified of the date of the hearing without appropriate notice will result in consideration of the case in absentia and the adoption of a decision in absentia. It, of course, can be canceled in the future, but only if the failure to appear was valid.

    If the location of the defendant is unknown, he does not live at the addresses indicated in the claim, and it was not possible to establish his residence address, the court will be obliged to appoint a duty lawyer at the expense of the state to protect the interests of the absent participant in the process and consider the case in the absence of the defendant.

    Valid reasons for absence

    In order for a plaintiff or defendant to request a postponement of the hearing date, or for a defendant to request that a default judgment be vacated, the reasons for failure to appear in court and the inability to notify the judge must be valid.

    The law does not establish either an approximate or an exhaustive list of such, but in practice the following are recognized as respectful:

    • Illness and being treated in a hospital;
    • Business trip, military training, sudden departure, urgent;
    • Natural disaster, emergency;
    • Illness of close relatives or a tragedy that happened to them.

    The court may also take into account and recognize other reasons as valid.

    Time frame for consideration of the case

    The magistrate has 1 month to consider the divorce process. It will take another month for the judicial act to come into force if it is not appealed by the second spouse.

    If the divorce procedure takes place in a district court with the simultaneous resolution of issues about children or division of property, then no more than 2 months will be allotted for the consideration of the case.

    In practice, divorce in court takes much longer. 1 or 2 months to consider the case. Another 1 month for the decision to come into force. A few more days to register the divorce in the registry office on the basis of a court decision.

    The consideration period may also be delayed if the case is suspended (for example, during an examination or in the event of a serious illness of one of the parties).

    Court hearing

    The trial in a divorce case takes place in the manner established by the provisions of Chapter 15 of the Code of Civil Procedure of the Russian Federation.

    An approximate procedure for divorce proceedings and the sequence of actions of the court and the parties:

    1. Announcement of the parties and other participants who have appeared by the secretary of the court session.
    2. The judge explains the rights and obligations to the parties.
    3. Acceptance and consideration of petitions and statements, if any were submitted to the court before the consideration of the case or immediately at its beginning.
    4. Hearing of the parties: plaintiff, defendant and third parties. Finding out their opinion on the claim, whether the applicant supports it, or whether the defendant objects to the claims.
    5. Determining the procedure for examining documents and other evidence presented to the judge. Interrogation of witnesses.
    6. Judicial debates: speeches in the order established by the Civil Procedure Code of the plaintiff, defendant, their representatives and other persons.
    7. Removal of the court to make a decision (deliberation room);
    8. Announcement of the court decision.

    In exceptional cases, the court may “return” the stage of the process back to consideration of the merits if, during the debate, new evidence is presented that could not be presented during consideration of the merits. This situation is possible when the case was postponed and further consideration began with a transition to the debate, and the defendant presented new documents about children, for example.

    The court hearing is the most complex and extensive stage of the judicial divorce procedure. It is there that the situation changes rapidly and is directly related to the second party in the case. To be prepared for any twists and turns, it is advisable to enlist the support of an experienced lawyer who will take on all the responsibilities of protecting your interests in court. Contact our website lawyers for a free consultation right now!

    How can I speed up the process?

    Each spouse wants to get a divorce as soon as possible and end a tiring and ruined relationship. But hostile relationships do not at all contribute to the quick completion of the divorce process, but rather, on the contrary, they delay the procedure even more.

    To get a divorce as quickly as possible, you need:

    • Appear in court on the first summons or send a petition for consideration without you;
    • Maintain up-to-date telephone address information in a civil case;
    • Do not submit unnecessary petitions in order to delay the process;
    • Refuse the deadline for reconciliation if there is no chance and desire to save the family.

    Compliance with these simple rules will allow spouses to divorce as quickly as possible, without delays and unnecessary meetings.

    What questions does the judge ask?

    The question of what to say in court during a divorce torments each spouse. If the divorce procedure is not complicated by additional disputes about alimony or division of property, then you just need to answer the judge’s questions.

    The magistrate will ask the following questions:

    • Does the plaintiff support his claim and insist on its satisfaction?
    • What is the position of the defendant, does he agree with the claim?
    • Do the parties need a time limit for reconciliation (given to each spouse)?
    • Do the spouses have children and disputes about them?

    Additionally, the judge may ask about the reasons for the divorce in order to make sure that it is impossible to save the family and that it is inappropriate to provide a period for reconciliation of the parties.

    An experienced lawyer will tell you what to say in court during a divorce hearing and help you develop the right position. Request a free consultation today if you still have questions about the divorce process.

    Making a decision

    The judge makes a decision while in the deliberation room and announces it to the parties at the end of his stay in it. They can only announce the operative part of the court’s decision – i.e. introductory information about the parties and the verdict itself.

    If everyone agrees with the result, the magistrate may not make a reasoned decision, limiting himself to the operative part, which has the same legal force as the full decision. It will be enough to subsequently finalize the divorce at the registry office.

    Any decision, regardless of the outcome of the case, can be appealed within a month from the moment it is made in final form. Decisions to terminate proceedings or leave a claim without consideration can be appealed within 15 days.

    Absentee decision

    If the defendant, notified of the date and place of consideration of the claim for termination of marriage, fails to appear, the judge has the right to make a decision in absentia.

    An absentee decision differs from a regular decision in the following ways:

    • It can be unconditionally canceled at the request of the defendant, submitted within 7 days from the date of receipt of the decision, if he can convince the court that his absence could lead to a different decision. This must be supported by documents, for example, by additional evidence that was not presented to the court.
    • An appeal can only be made after the 7-day period for cancellation has expired.

    If a copy of the divorce decision is not received by the defendant due to a change of residence or deliberately, by failure to appear for a letter, the time limit for appealing begins from the moment the copy of the decision is returned to the court.

    The missed deadline for both canceling a default decision and appealing it can be restored if there are valid reasons. Their approximate list is equivalent to the above list of valid reasons considered for failure to appear in court.

    Execution of the decision: its receipt and registration of divorce in the registry office

    As soon as the decision comes into force, the court, at the request of the party, sends it to the registry office at the place of registration of the marriage for execution. The registry office makes changes to the registration record within five days from the date of receipt of the decision and without the presence of the spouses.

    You can also receive a copy of the decision yourself for subsequent application to the registry office, if for some reason the court did not send it for execution.

    The date of divorce will be the date the decision enters into legal force, and not the date of changes to the registration record!

    Former spouses have the right to apply for a divorce certificate at any time, for the issuance of which each of them will need to pay a state fee in the amount of 650 rubles.

    How much does a divorce through court cost?

    When dissolving a marriage in a magistrate's court, the spouses will have to bear the following expenses:

    • Payment of the state fee is 600 rubles, and the specified amount is paid by both the plaintiff and subsequently the defendant when making a decision on divorce.
    • Payment of a state fee of 650 rubles by each spouse when registering the fact of divorce with the registry office on the basis of a court decision;
    • Legal services for filing a claim – from approximately 5,000 rubles.

    There may also be other costs for issuing a power of attorney for a representative, copying documents, paying for the services of a representative in court - all of them are determined individually, taking into account each situation.

    Competent independent protection of one’s interests by a person who does not have legal experience is practically impossible due to the following difficulties:

    • Strict requirements when drawing up a claim regarding its form, content and attachments;
    • Need for collection large quantity evidence for “complicated” divorces, aggravated by dissolution of marriage or disputes about children;
    • Unpredictability of the trial: what the other side will say; what evidence does the defendant have; what if the judge requires something additional?
    • The need to appeal the decision in whole or in part.

    All this makes independent divorce through the court an extremely difficult and risky endeavor. The help of an experienced lawyer will help you cope with any difficulties, no matter how complex and confusing your divorce case may be. Contact us for a free consultation right now!

    • Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update information on the site
    • In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

    Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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    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:

    1. if the spouse is bearing a child together;
    2. 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:

    1. 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.
    2. 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.
    3. 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:

    1. Personal presence of the spouses (or a notarized statement of one of them);
    2. Statement of the established form in the registry office;
    3. 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:

    1. The full name of the civil registry office department to which the package of documents for divorce is sent is indicated;
    2. The content of the application must include information about the intention to divorce the spouse, and his (her) full last name, first name, patronymic;
    3. 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);
    4. 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;
    5. Applicant's passport details;
    6. 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!