Nuances of the process of dissolution of marriage through the court. The procedure for filing an application for divorce and the list of required documents for a divorce Divorce procedure for dissolution of marriage documents

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

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

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

Reasons for divorce in a lawsuit

You can download the claim form here.

The petition for divorce reads:

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

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

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

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

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

personal property

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

household

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

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

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

material nature

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

Intimate

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

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

Violation of the marriage vow, or treason

Grounds for divorce for the court

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

Official reasons for divorce

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

If there are children in the family

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

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

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

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

The most common reasons for divorce

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

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

Good Reasons to Divorce Your Husband

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

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

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

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

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

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

In case of violation of the clauses of the marriage contract

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

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

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

How to write a reason for divorce?

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

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

Reasons for divorce - examples

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

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

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

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

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

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

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

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

In our article, we will try to explain in as much detail as possible how to properly file an application for divorce and where to file it.

Where to apply: to the registry office or to the court?

An application for divorce is submitted to any of the three indicated instances.

A statement of claim for divorce, filed in a court of general jurisdiction, is similar in form to what is written to a magistrate, but it must describe in detail the essence of the dispute that arose between the spouses. Usually, when filing such an application, plaintiffs turn to the services of lawyers who will help take into account all the subtleties of these difficult cases. You do not need to write in a statement about your feelings and all claims against your spouse who has become disgusted. The court is only interested in the facts.

A little bit of statistics

According to statistics, now every second marriage breaks up. Ten years ago, every third broke up.

After applying

If you filed an application with the registry office, then the consideration takes one month, after which at the appointed time you need to come again and receive a divorce document.

If you went to court, then if there are any violations, the court will be able to refuse to accept your application, return it or leave it without movement. Any of these decisions will be notified to the applicant in writing.

If the petition for divorce is drawn up and filed correctly, then the judge will make a ruling on accepting it for proceedings.

After that, there is a stage of preparation for the court session, during which all the circumstances of the case are studied in detail and the participants in the process are summoned to court. At the court session, the judge finds out whether there are sufficient grounds for the dissolution of the marriage and whether, in fact, the further cohabitation of the spouses is impossible. If one of the spouses continues to oppose the divorce, the judge provides up to three months for their possible reconciliation, after which he appoints a second meeting. If reconciliation does not occur, the court issues an order to dissolve the marriage.

Getting a divorce without the consent of the spouse is a little more difficult than with mutual consent, but possible.

If either spouse disagrees with the court decision, it can be appealed to a higher judicial authority.

With the court decision that has entered into force, you need to contact the registry office and obtain a document on the dissolution of the marriage.

What documents will be asked

In the event of a divorce, the registry office will require each of the spouses to:

• a statement of a certain type;
• passport;
• marriage certificate;
• metrics of children (if they are born from this marriage);
• receipt for payment of state duty.

If the application is submitted by one spouse in the presence of the above circumstances, then you will need to attach additionally:

• a court decision declaring a spouse incompetent or missing;
• court verdict on the husband's conviction.

If an application for divorce is filed with the court, then the following are additionally required:

• a statement of claim for the division of joint property and determination of the place of residence of joint children;
• a power of attorney, if the interests of the divorcees in court are protected by their representatives;
• a receipt for payment of an additional state duty, if issues of common property and children are resolved in parallel with the divorce.

How to withdraw an application

To withdraw an application from the registry office, it is enough for both spouses to come there and write another one, indicating the reasons for changing the decision. If only by that time a month had not passed, after which the marriage would already be read terminated.

You can withdraw an application from the divorce court at any stage, but it is advisable to do this before it is accepted by the judge in proceedings.

The divorce process is carried out in the registry office and in court. Where to go depends on the circumstances. You can get a divorce as quickly as possible only at the registry office. Litigation can also be quick and painless for the couple, as long as they don't have any outstanding issues.

Where to go to get a divorce quickly?

Determination of the place of dissolution of marriage does not depend on the personal preferences of the spouses. There are rules to follow when choosing where to apply.

MARRIAGE REGISTRY

The registry office accepts applications if:

• the couple does not have common minor children, including adopted ones;
• both spouses seek to formally break off relations;
• there is no property dispute.

The RF IC stipulates exceptional cases when one spouse can divorce without the consent of the other, even if there are children. To do this, you will need to provide a court decision, according to which the second spouse is declared missing, incompetent, or is in prison for a period of more than 3 years.

The process will consist of several stages:

1. Applying and other required documents.
2. Waiting for the expiration of the monthly period provided for reconciliation.

It takes 30 days from filing a divorce application to the issuance of a certificate. This is the minimum possible term for divorce. It cannot be reduced and does not depend on how many people were married - one day or several years.

Court

Divorce in judicial order carried out by a justice of the peace or in the federal courts of the district, city.

The Magistrate's Court breeds quickly, a month after the filing of the statement of claim. After the meeting, you will have to wait another 1 month in case one of the spouses has changed his mind on some issues and decided to appeal (Article 321 of the Code of Civil Procedure of the Russian Federation); only after that the decision of the court enters into force.

Couples may apply to the justice of the peace in the following circumstances:

1. The spouses have common children under the age of 18, and all questions about their place of residence, upbringing and maintenance are fixed by an amicable agreement or there is an intention to settle everything amicably.
2. The cost of jointly acquired property subject to division does not exceed 50 thousand rubles.
3. One of the spouses is not in the registry office for divorce.

For a quick divorce in court, you must contact a lawyer in advance, draw up settlement agreements on property and children, sign them by both parties and notarize them.

Under other circumstances, the case is considered in the district (city) court. The necessary conditions:

1. The presence of minor children, and questions about their place of residence and material support remained unresolved.
2. Unresolved property disputes. The cost of the claim in this case must exceed 50 thousand rubles.
3. The refusal of one of the spouses to formalize the dissolution of the marriage.

During the proceedings, the judge finds out the reasons for disagreeing with the divorce and, if desired, provides a period of up to 3 months for reconciliation of the parties, which will significantly “drag out” the process.

How to quickly divorce your husband

For a quick divorce from her husband, it is necessary to enlist his support and consent (except for exceptional cases of divorce without the consent of the spouse, provided for in paragraph 2 of article 19 of the RF IC).

By mutual agreement

Divorce by mutual consent produced in the registry office and the magistrate's court. For each case, there is a certain algorithm of actions, adhering to which you can get a divorce as soon as possible.

at the registry office

It is desirable for both spouses to apply to the registry office at once. The place of application is the department where the marriage was previously registered, or the place of residence of one of the spouses, if at the time of the divorce they live separately.

Wife's actions:

First, pay the state duty. You should first make sure that the husband agrees to the dissolution of the marriage and find out in advance the details for payment.

Secondly, fill out an application in form No. 8. The document can be obtained at the registry office, downloaded on the Internet or filled in the necessary data on the State Services portal after pre-registration. Divorce Application Form No. 8:

Wife and husband enter information:

• the full name of the registry office where the divorce will be carried out;
• passport data: full name, information about the place and date of birth, citizenship, nationality (optional); by whom and when the passport was issued, its series and number;
• the number of the marriage certificate, by whom and when it was issued;
• desire to change or leave a surname.

After filling out the application, you should pin up a receipt for payment of the state duty and provide it to the registry office employee. The spouse does the same. He must also pay the state fee and complete his half of the application. After the document is submitted to the registry office employee.

• passports of both spouses;
• certificate issued during registration of matrimony;
• birth certificate (when changing surname);
• check for payment of the state duty (pinned to the application).

After that, you need to wait 30 days and receive a certificate of official termination of marital relations.

When applying to the registry office by both spouses, the amount of the state duty will be 650 rubles. from everyone.

In a court

Divorce by mutual consent in court is carried out by a justice of the peace. . According to the legislation (Article 28 of the Code of Civil Procedure of the Russian Federation), the place of submission of the document is the place of registration of the defendant, however, Art. 29 Code of Civil Procedure of the Russian Federation stipulates exceptional cases. If the wife has an underage child (possibly a son, daughter, brother, nephew) or her state of health prevents her from leaving for the place of filing a claim, the wife has the right to apply to the court at her place of residence.

Actions on the part of the wife upon dissolution of marriage with the consent of the spouse:

First, pay the state duty. Its size will be 600 rubles. The husband does not need to pay the state duty.

Second, file a claim. The document states:

• Full name of the justice of the peace;
• wife's passport data: full name, place of registration; additionally indicate the actual address of residence;
• information about the respondent-spouse (full name, place of residence and place of registration);
• the name of the document "The statement of claim for divorce";
• the essence of the claim: it is indicated by whom the document is submitted and on what basis, whether there are children, whether the husband agrees to divorce;
• at the end, you should express a petition for divorce, put the date of the document and sign it.

Sample claim for divorce with the consent of the husband (wife):

• passport (copy and original for verification);
• marriage certificate (copy and original);
• statement of claim and its copy for transfer to the husband;
• receipt for payment of state duty.

After that, you need to submit an application along with a package of documents to the judge. Within 5 days, he decides whether to accept the application or leave it without consideration due to a violation of the rules of jurisdiction, the presence of errors or corrections. Then a court date is set. Without fail, the spouses are given a monthly period for reflection and possible reconciliation, therefore, earlier than a month after the filing of the application, the court will not take place.

Personal attendance at the hearing is required. At the meeting, the judge clarifies the consent of the spouses to divorce, finds out if there is a dispute about children, property, and makes a decision.

By law, an appeal can be filed within 30 days after the judge makes a decision, so the entry into force of a court decision is possible only after this period.

After the entry into force of the decision, the court will send a copy to the registry office at the place of registration of marriage.

A wife (husband) can receive a certificate of divorce no earlier than 2 months from the date of filing the claim.

You can pick up the court decision yourself and submit it to the registry office with a passport and an application filled out in form No. 10:

The application must be accompanied by a receipt of payment of the state duty to the registry office. It will amount to 650 rubles. for each spouse.

Based on the submitted documents, the judge will issue a certificate of divorce.

The fastest possible divorce in the magistrate's court will take: 1 month - from filing a lawsuit to making a decision; 1 additional month for the entry into force of the decision. After the couple is considered actually divorced, but without registering the corresponding entry in the civil status book, the wife, like the former spouse, will not be able to re-enter the union or draw up any documents according to the new status. You will need to apply to the registry office for a certificate of divorce.

Without a husband

The absence of a spouse may be justified or express unwillingness to divorce. In the first case, the reason for the absence may be illness, remote distance from the place of divorce, unwillingness to see his wife. The disagreement of the other party becomes an obstacle to quick divorce, since at the request of the husband, the judge can grant a period of up to 3 months for reconciliation.

You can quickly get a divorce without a husband in the registry office or in court, but only if he agrees to a divorce (except in cases of unilateral dissolution of the marriage).

at the registry office

In the registry office, divorce without a husband is carried out in the same order as in his presence. The only obligatory condition is that the wife must receive an application for divorce from her husband.

How it works in practice: the spouse takes a form (form No. 8), a passport, and goes to the notary in the registry office at the place of residence. A receipt for payment of the state duty (650 rubles) is attached to the completed and notarized document, after which it is sent to the wife's address. The wife fills out her copy and submits to the registry office not one, but two applications for divorce.

Otherwise, the procedure remains the same as when filing a divorce in the presence of a spouse.

In a court

A quick divorce with the consent of the spouse in court is possible without it, but preparatory measures are required.

Statement of Consent

A declaration of consent submitted to the court by the second spouse will eliminate doubts about the contradictions in the couple and will speed up the process.

Document form:

Consent must be certified by a notary public, otherwise the application has no legal force. When visiting a notary office, the husband will need to take a passport.

Preparation of a petition for consideration of the case in the absence

A positive husband, planning an absence, submits a motion to the court to consider the case in absence. The document is drawn up in accordance with the rules for drawing up statements of claim. It indicates: the name of the judicial body; Name of the husband who does not want to be present at the meeting; after the title, the reasons for the absence from the meeting are indicated.

Sample request for consideration of the case in the absence of one of the parties:

Power of attorney to represent in court

The husband has the right to issue a power of attorney to a third party to represent his interests in court.

The trustee can completely replace the absent one, performing all kinds of actions (filing counterclaims, settling disputes, signing documents and other functions), or taking on only some functions, for example, signing documents after agreement with the absent one. All these issues must be specified in the power of attorney.

Sample document:

The power of attorney is certified by a notary.

If these documents are available, the divorce from the husband will be quick and will take no more than 2 months from the date of filing the claim, as well as in the presence of the spouse. After that, everyone receives a marriage certificate at the registry office in the prescribed manner.

How to quickly divorce your wife

You can quickly divorce your wife at the registry office, if both agree, the couple does not have minor children and property to be divided. In other cases, the marriage is dissolved in court.

With her consent

Divorce with the consent of the spouse in court and the registry office in her presence is similar to the divorce without the presence of the husband, discussed above, according to the following algorithm:

Without a wife

In general, the process is similar to a divorce without a husband.

To speed up the process, you need to provide:

• consent to divorce;
• petition for divorce in absence;
• power of attorney to be represented in court by a third party (if necessary).

A significant difference is the ban on filing an application by the husband in the following cases:

• In the presence of common minor children under the age of 1 year. If the baby died at birth, the spouse cannot file for divorce within a year.
• If the wife is expecting the birth of a child conceived in marriage (even if in reality the father is another person).

In these cases, the written consent of the spouse, certified by a notary, is not a desirable, but a mandatory measure. His absence entails the refusal of the judge to accept the claim.

To obtain consent, it is necessary to convince the woman of a responsible attitude towards her and her children, to discuss issues of further residence, division of property; resolve all disputes regarding the place of residence of children and the procedure for paying alimony.

How to quickly get a divorce if you have minor children

The only way to quickly file a divorce in the presence of common minor children is to issue an agreement on children. The main questions that should be reflected in it are:

• place of residence of the child after the dissolution of the union;
• order of payment of alimony.

It is designed to maximally delimit the rights and obligations of the parties in relation to the minor, to protect the interests of each of the participants in the divorce.

Drafting a document takes time to carefully work out the content. As a rule, the structure of the document is as follows:

1. The name of the document followed by information about the parents (name, place of registration and actual residence, passport data (series, number, issuer).
2. Indication of the subject of the agreement. It reflects all the issues that will be specified in the document regarding the minor.
3. The following sections follow according to the subject of the agreement: place of residence, the procedure for exercising parental rights and obligations.
4. The liability of the parties for non-fulfillment of obligations, the term of the contract are stipulated.
5. At the end, the parents put their signatures and the date of the agreement.

Divorce proceedings can take place both before a magistrate and in a district court. The rules for determining jurisdiction are contained in articles 23, 24 and 29 of the Civil Procedure Code of the Russian Federation. Depending on the number of issues that the husband and wife could not resolve amicably, it will be determined at what level of court the divorce proceedings will take place.

4.1.

As the statistics say, 95% of all divorce proceedings take place at the justice of the peace. What is it connected with? The institute of justices of the peace, according to the judicial reform, was created to reduce the burden on district and city courts, therefore, justices of the peace consider divorce proceedings medium and low complexity, that is, processes that do not require a large evidence base or complex expertise. The law stipulates that all divorce proceedings take place in the magistrate's court, but along with the demands for divorce, the initiator of the lawsuit (the plaintiff) has the right to file claims for children and claims for property. In this situation, there are several rules.

4.1.1. Dissolution of marriage at the justice of the peace - disputes about children

In relation to disputes about children that arise simultaneously with the dissolution of a marriage, the justice of the peace considers only claims for the recovery of alimony. At the same time, disputes about determining the place of residence of the child, that is, with which parent the child will live after the divorce, as well as requirements for determining the procedure for communicating with the child, are subject to consideration in the district court. When a single lawsuit filed demands for divorce, alimony and the determination of the place of residence of the child, despite the fact that the first two claims are within the jurisdiction of a magistrate, the dissolution of the marriage will occur in the district court. We do not recommend filing a divorce request with a decision on which parent the child will remain with. Firstly, when considering the question of which parent the child will live with, the opinion of the guardianship body that participates in the trial as a third party must be taken into account. The guardianship authority formulates its opinion only after it examines the living conditions of both parents. Secondly, a divorce through the court occurs with an increased emotional background and with an open conflict between mother and father - children should not see this. Thirdly, these two disputes have different jurisdiction. If in your situation the dispute about the place of residence of the child must be resolved simultaneously with the divorce, then the law allows you to file a divorce suit with a justice of the peace and immediately file a claim with the district court to determine the place of residence of the child.