What to do before divorcing your wife. How to divorce your wife. Where to apply for divorce

Unfortunately, in modern society, more and more cases arise when couples, having lived together for some time, decide to break up and begin the divorce proceedings. However, most citizens do not have the slightest idea about this procedure, which leads to protraction and confusion in the process, which, even without this, cannot be called pleasant.

To avoid this, we will understand the intricacies of the divorce process - where to start a divorce, what stages must be passed between a husband and wife.

I want to divorce my husband where to start

Many married couples who have decided have no idea how many difficult moments they will have to endure during this event. In addition to the dissolution of the marriage itself, the spouses will have to deal with the following things:

• to divide all jointly acquired property;
• decide who will have children, and how often the second parent will be able to visit them;
• agree on alimony and the procedure for their payment.

All of the above is just a fraction of the problems that await spouses who decide on such a difficult step as divorce. In addition, only a small proportion of families start divorce proceedings by mutual consent, which can smooth over the rough edges. The rest will have to conduct a divorce in conditions as close as possible to "combat".

You need to know that a husband has no right if:

1. his wife is expecting the birth of a child;
2. the child is under 1 year old at the time of application.

Choosing a place to submit your application.

Spouses who decide can choose two instances capable of carrying out this process:

• make a divorce using the services of the registry office;
• divorce through the courts.

Both options have their pros and cons, but the first is less costly and is mainly chosen by spouses who decide to divorce by mutual consent. If the decision to divorce is made by one spouse or during the procedure for dissolving the marriage union, any problems arise, for example, the spouses cannot agree on the place of residence of the children, the divorce will be carried out through the courts. This body will thoroughly understand your case and make a decision on all disputable issues in accordance with the current legislation.

Note! through the court is a more costly event, both from a financial point of view and from the time and effort spent on it.

This method of divorce is possible for the following reasons:

1. spouses who decide to divorce must come to this by mutual agreement;
2. the spouses, at the time of the divorce, should not have joint children who have not reached the age of majority.

Having applied to the registry office at the place of residence, spouses whose situation meets the above requirements should fill out a general application using a special form for this, the form of which is approved by the state. In the event that any of the spouses is not able to appear at the registry office for a reason that will be considered valid, most likely it will be necessary to submit two separate applications. For this, the form with the application of the absent spouse must be confirmed by his signature, which must be certified by a notary.

Good reasons for the absence of one of the spouses include:

• a spouse's illness, which is severe and does not allow to visit the registry office in person;
• his absence in a city or country due to a long business trip;
• finding a spouse in the service of the armed forces of the Russian Federation;
• the spouse lives in an area that is difficult to access, or located in a territory remote from the registry office.

After submitting an application, in accordance with paragraph 3, Art. 19 of the RF IC, spouses are given a period of one month to be able to change their mind or solve the problems that led to such a difficult decision. After this period, if the spouses remain adamant in their decision and also want to divorce, the registry office employees give them a document on the dissolution of their marriage and make marks in the passports of the spouses, which indicate the dissolution of their marriage.

The procedure will cost the spouses 650 rubles or 350 rubles. It will depend on the following conditions:

1. by the joint decision of both spouses, it will cost them 650 rubles;
2. breaking the marriage bond unilaterally will cost the spouse 350 rubles, respectively.

Unilateral breakup of a marriage is possible if:

• one of the spouses is considered missing;
• the spouse has been declared legally incompetent;
• the spouse has been convicted and is in prison. The term of his imprisonment must be at least 3 years.

Important! Without a receipt that will confirm the payment of the due amount of money, you will not receive a document confirming your divorce.

Divorce in court

Divorce, with the use of a court as an executive authority regulating this process, is possible in the following cases:

1. spouses at the time of divorce have common minor children;
2. one bond of spouses, for whatever reason, does not want to get divorced;
3. when one of the spouses avoids visiting the registry office, even if officially he has no objections to the implementation of the divorce proceedings.

If there is a need for a divorce through the court, the spouses must pay the following types of state fees:

• the first one is charged for by the court. For this, the spouse who is the initiator of this process must pay a fee equal to 600 rubles;
• the second fee is charged to pay for the services of the registry office to provide a document confirming the divorce, and it will cost both spouses 650 rubles.

What documents need to be prepared for a divorce

In order to get a divorce through the registry office, the spouses need to prepare the following documents:

1. a completed application for divorce;
2. the identity document of the spouses. Both a regular passport and an international passport will do. It is also possible to use a copy of the above documents, which will be certified by a notary. The passport must be presented to both the husband and the wife;
3. document issued to spouses after registration of their marriage;
4. a receipt from the bank confirming the payment of the state fee.

When divorcing a marriage through a court, the spouses must present the following documents, namely:

• a statement of claim that will be completed in the correct form. It should clearly reflect the reasons that prompted the spouses to divorce, and the circumstances that led to them;
• copies of the child's birth certificate, if any;
• document issued by the registry office after registration of marriage;
• receipts confirming payment of all required state fees;
• if the spouses have jointly acquired property that is subject to division, it is necessary to attach a document confirming the fact of the division of property.

Note! In the event of complicating circumstances, the court has the right to demand the provision of an additional package of documents.

The determination of the amount that one of the spouses will have to pay as child support and the procedure for their payment will be considered by the court either as a separate process, or in conjunction with the procedure for divorce. This requires:

• apply to the magistrate's court with a petition containing information on divorce and the appointment of alimony;
• determine which of the spouses will act as the defendant and who will be the plaintiff.

In case of conflict situations, go to the district court and collect the required list of documents.

Children

If a dispute arises as to which of the parents the children will stay with, the following factors will influence the court's decision:

1. the well-being of the spouses;
2. availability of living space necessary for living with a child;
3. having a permanent job.

Note! Usually the court decides the dispute in favor of the mother, especially if she confirms her worth with all the necessary documents guaranteeing her ability to support the child.

When the child reaches the age of 10, the court also takes into account his preferences regarding cohabitation with one of the parents.

A divorce from a foreign spouse will practically not differ from the usual procedure for divorce. The same goes for a disabled spouse. If one of the couple died, then the second spouse must appear at the registry office to obtain a document confirming his death and divorce for this reason.

Citizens who wish to download samples of applications for divorce unilaterally, with the mutual consent of both spouses or a statement of claim for divorce, can use the link to download the corresponding file.

Tatiana Sharanda
practical psychologist
family and marriage counselor
head of the psychological development center

Knowing that you are dumped is hard for both women and men

- It is very difficult to argue that it is harder for someone, men or women, to divorce. Firstly, it all depends on the situation, and secondly, on the personal qualities of 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 is usually harder for him. The person who leaves is a priori stronger. The psychological pressure on the abandoned person can be extremely strong. Sometimes men cannot cope with such situations. Moreover, they often look for salvation in alcohol, gambling and so on.

- But it also happens that the decision is made mutually. The ending is not always tragic.

- Of course. There are such couples, and I have deep respect for them. Unfortunately, not everyone succeeds in reaching an agreement. Good relationships between ex-spouses rarely last. But people came to me who, despite the divorce, are still friends. And at the reception they were about problems with a common child.

For example, one baby showed psychological difficulties, and both parents were interested in holding him, helping him to understand himself. This is a great example to others.

Get divorced, get married, get divorced again, get married again

- They say that if one of the spouses, in principle, had the idea of \u200b\u200ba divorce, then there is no turning back. Sooner or later, there will be a break.

- And here it is impossible to speak unambiguously. The situations are different. It depends on what roles each person plays within the family, which inner I dominates.

There are couples where both, he and she, are teenagers inside themselves, regardless of their real age. In this case, everything is unpredictable, because for them the relationship is rather a game. In words, the couple get divorced almost every day. Gradually, even those around them get used to their scandals. There are times when people do get divorced. Then they get married again. Then they again get divorced and ... get married (laughs). This is their own way of growing up. Often in such marriages the child takes on the role of an adult. Paradoxical, but true! He is the most responsible and wise in the house. He had to become such in order to at least survive.

A marriage, where one of the partners plays the role of a parent, can last for 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 mismatch in the sexual constitution. When one of the partners is hyperactive, and the second is much less interested in the intimate side of life. Or someone has not just a fleeting connection on the side, but a strong affection, which gradually develops into true love, and being together is simply unbearable.

Society no longer condemns the wife who left the family

- Based on your experience, who is more likely to initiate a divorce?

- You will probably be surprised: today they are more and more women! They can provide themselves financially, their parents help them, they have ambitions, personal goals, society no longer condemns a wife who has left the family, it has ceased to be a shame. Sometimes it's almost impossible to reach the modern Amazon. If she has decided something for herself, it is difficult to stop her.

- Internal freedom is good. But is the decision to burn the bridges always the right one?

- I am probably a very conservative psychologist. Independence and strength are being promoted today. However, it seems to me that we need to try to save the family to the last. Don't jump to conclusions. After all, then you can be very sorry, but it is not always possible to return everything back.

A lot of people come to me, and I can say with full confidence that children suffer most from the separation of parents. These are psychological problems that accompany later in adulthood, and various diseases caused by severe stress on the nervous system. And in adolescence, suicidal thoughts may even arise. And these are not unfounded statements, but real situations that I, as a specialist, had to face. The psyche of children is quite flexible, but boys and girls 13-17 years old are extremely sensitive.

For 47 years, the man carried a painful feeling of abandonment

- Is it worth keeping a marriage solely for the sake of children?

- If it is impossible to do this, I always ask my parents to at least try to maintain warm relations with each other. This is important for children. Do not swear, do not find out with them who is right and who is wrong, try to come to some kind of compromise, because, as I said, the situation of divorce hurts boys and girls a lot. If you do not pay attention to this in time, pain will torment a person all his life.

Most recently, I spoke 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 on this only now. I found out the address and visited my parent, who had moved to Moscow long ago. The meeting was very warm. The father was glad of his daughter's arrival, he showed her the capital, told about his fate. The woman admitted that she only now understood: all her life she felt inferior. And only now she felt better. For almost 47 years, the man had a tormenting feeling of abandonment.

- Have there been cases in your practice when people regretted that they got divorced?

- I ask about this, and usually people who are well over 35 give a positive answer to this question.

- What is the main reason?

- The connection 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 to understand that a divorce is really necessary, because there are such situations?

- For you to understand better, I will tell you a little story. Back in the Soviet Union, I read a letter from a woman in a very serious magazine. It was a kind of message to all people. She wrote about her life. The storyteller had a wonderful family: a good husband and two children, peace of mind. But the woman began to notice that her husband began to move away - he devoted all his free time only to the kids. At some point, my wife started asking questions. The husband honestly answered that she was very dear to him and he respects her immensely, but ... only as the mother of their children, it so happened that he fell in love with another.

The woman cried, took offense, swore. He endured and did not make excuses. The man was very attached to children, he could not leave his family. Yes, his wife inwardly did not let him go. Slowly and painfully, but the realization came to her that the person dear to her was simply dying before her eyes. A conversation took place and they parted.

Without waiting for the morning, taking some things, he rushed to his dream. However, he was in such a hurry that he lost control and crashed. In an instant, all hope and support disappeared. In the letter, she asked not to repeat her mistake, but to understand and accept the feelings of the other and, no matter how painful it was, to let go.

Why this story? Love is the main reason... If you feel that they are not lying to you, that a serious feeling makes a person leave, then you need to come to terms with it.

The second reason is any addiction of a person, be it alcohol, drugs, gambling addiction. If a person is not ready to fight himself, it is impossible to pull him out of the swamp, no matter how hard the spouse tries, he will have to drown together. Here I have a rather tough position, because it really is. Too many broken destinies. There are no former people with addictions.

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.

I think there are three main factors. In all other cases, I advise you not to rush to a decision.

Take off your rose-colored glasses!

- Maybe you should ask yourself some questions in order to better understand what is happening in the soul?

- Without coming to a psychologist, you can go through the projective methods of unfinished sentences on the topic "Family relations". 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 going to serious psychological sites.

When we get married, we often confuse expectations with reality, endowing a partner with non-existent qualities, perceiving his behavior from a convenient position for us at a given time. And as experience shows, taking off your “rose-colored glasses” and seeing a person from a different angle is very painful.

If partners just decide to talk to each other - this is already a serious step forward! I take off my hat to such people. Unfortunately, more and more couples come to me, where he or she almost commanding tone demand: "Explain to my husband (wife) what he (she) should (must) do!" Such statements have long ceased to amaze me. Unfortunately, we only hear ourselves and our own pain, without thinking about what is going on in the soul of another person. I always want to say to such people: "It's time to take off your rose-colored glasses!" Although this had to be done before marriage. If you are not ready to accept the other person, then it is better not to enter into a relationship. And if they change, then only together.

Another little sketch. I often observe people. What to do, this is the job. So I remember one scene well (although it is repeated more than once in other interpretations). In the underground. The train came up. A young couple at the station says goodbye. He kissed her, she went forward. At the very doors of the transport, the girl turned 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, agree. The girl never received the message she hoped for.

It would seem nonsense! But it is in the little things that the truth can be traced. I can predict the future relationships of people from this one story. And my verdict will be hopeless. 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 the couple decided to part ways for a while, to live separately. Is this method useful?

- I guess, yes. However, there is one but. Freedom can be too seductive. Primarily for men.

Why do problems start in marriage? There are no obligations in the candy-bouquet period. Today we met, went to the cinema, tomorrow we decided to relax. There are more positive emotions, and it is too early to make any claims. And then you have to be with a person constantly, overcome obstacles together, get used to each other. And for some it is extremely difficult. So it is here. If you feel the taste of freedom again, there is an alluring 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 how to preserve your marriage?

- Tell each other about your shortcomings. When I say this to my clients, their eyes widen. And yet, yes, let the man honestly say that from time to time he throws socks all over the apartment, that he does not know how to hang frames on the walls, and so on, and the woman admits that she only knows how to cook scrambled eggs, and sometimes gets upset over trifles.

Removing the mask of ideality, we begin to move towards each other. Before marriage, both men and women often idealize a partner and expect a certain attitude in advance, and then it turns out that everything is not as beautiful as it was in dreams.

In any situations, try to conduct a dialogue, not a verbal duel, put yourself in the shoes of your partner, think, then do. This does not always save the marriage, but believe me, it will keep your nerves and respect for each other.

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

Grounds and methods for dissolution of marriage

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

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

• both spouses submit a joint application, not objecting to parting, and also have no common children who are under 18 years old;
• only one spouse files for divorce, while the second was either sentenced to a long term for a crime (more than 3 years), or recognized by a judge as incompetent or missing.

Writing a statement

This period is provided so that the divorcing people can rethink the decision. Only after confirmation of the willingness to complete the divorce procedure will the ex-spouses be issued a divorce certificate.

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

Divorce in court

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

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

An appeal to the court begins with the filing of a statement of claim for divorce, which must be drawn up in accordance with all the rules for its early acceptance by the court for consideration.

Which court to apply to

For going to court is charged government duty:

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

Deadline for reconciliation

The judge at his discretion determines whether there is an opportunity to keep the family. Even if there is even a minimal probability, then he can appoint the husband and wife a period for reconciliation. Such a period cannot be more than 3 monthsbut also cannot be less than 1 month. In order to shorten the time limit set by the court, the parties have the right to ask the court about it, providing reasons for such a reduction.

Court session and issues resolved by the court during its course

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

1. On the recovery of child support.
2. About recovery (to the spouse).

The court's decision

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

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

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

Divorce certificate and the possibility of changing the surname

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

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

Special cases

In the event of divorce, there may be situations that require separate consideration.

Divorce without the presence of a spouse

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

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

If one of the spouses is unable to attend the divorce proceedings, he or she can authorize a trustee to represent his own interests.

The court can also conduct an absentee hearing procedure. In this case, the defendant is notified of the divorce proceedings, while he must inform about the impossibility of being present at the hearing and ask to postpone the hearing or consider the case without him, but if he did not use this right, the court will make a decision in absentia.

In the event that the defendant does not appear at the hearing three times for reasons that cannot be recognized as valid, the court at the last hearing decides on divorce.

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

Divorce from a foreigner

You can dissolve a marriage union with a foreign citizen in Russia both through the registry office and in court.

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

Divorce from a convicted spouse

If one of the spouses is sentenced to a term of 3 years or more and is in places of imprisonment, then the other spouse can dissolve the marriage with him in an administrative manner. Such a procedure is possible even in the presence of common minor children.

The divorce proceedings are carried out in the registry office and the court. Where to go depends on the circumstances. The fastest way to file a divorce is only at the registry office. A litigation can also be quick and painless for a couple if they have no unresolved issues.

Where to go to get a divorce quickly?

The determination of the place of divorce does not depend on the personal preferences of the spouses. There are rules to follow when choosing where to apply.

REGISTRY OFFICE

The registry office accepts applications if:

• the couple does not have common minor children, including adopted children;
• both spouses seek to officially 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 recognized as missing, incapacitated, or is in places of imprisonment for over 3 years.

The process will consist of several stages:

1. Submission of an application and other required documents.
2. Waiting for the expiry of the one-month period granted for reconciliation.

It takes 30 days from filing an application for divorce to the moment the certificate is issued. This is the shortest possible term for divorce. It cannot be shortened and does not depend on how many people were married - one day or several years.

Court

Divorce in court is carried out by a magistrate or in federal courts of a region or city.

The Magistrate's Court divorces quickly, a month after the filing of the claim. After the meeting, you will have to wait another 1 month in case one of the spouses 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 court decision comes into legal force.

Couples may apply to the Justice of the Peace under the following circumstances:

1. The spouses have common children under 18 years old, and all questions about their place of residence, upbringing and maintenance are enshrined in an amicable agreement or there is an intention to settle everything peacefully.
2. The cost of jointly acquired property to be divided does not exceed 50 thousand rubles.
3. One of the spouses does not appear at the registry office to dissolve the marriage.

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

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

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

In the course of the proceedings, the judge finds out the reasons for disagreeing with the divorce and, if desired, provides a period for reconciliation of the parties of up to 3 months, 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 in 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 is carried out in the registry office and the magistrate's court. For each case, there is a certain algorithm of actions, adhering to which you can file a divorce in the shortest possible time.

In the registry office

It is advisable for both spouses to contact the registry office at once. The place of application is the branch 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.

Actions of the wife:

First, pay the state fee. Beforehand, you should make sure of the husband's consent to divorce and find out the details for payment in advance.

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

The 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;
• a wish 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 performs the same actions. He must also pay the state fee and fill out his half of the application. After the document is submitted to the employee of the registry office.

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

After that, you need to wait 30 days and receive a certificate of official termination of the marriage relationship.

When both spouses apply to the registry office, the state duty will be 650 rubles. from everyone.

In a court

Divorce by mutual consent in court is made by the magistrate. ... According to the legislation (Art. 28 of the Code of Civil Procedure of the Russian Federation), the place of filing the document is the place of registration of the defendant, however, Art. 29 of the Code of Civil Procedure of the Russian Federation stipulates exceptional cases. If the wife has a minor child (possibly a son, daughter, brother, nephew) or her health condition prevents her from going to the place of filing a claim, the wife has the right to go to court at her place of residence.

Actions on the part of the wife upon divorce with the consent of the spouse:

First, pay the state fee. Its size will be 600 rubles. At the same time, the husband does not need to pay the state duty.

Secondly, draw up a statement of claim. The document states:

• Name of the magistrate;
• passport details of the wife: full name, place of registration; the actual address of residence is additionally indicated;
• information about the defendant-spouse (full name, place of residence and place of registration);
• title of the document "Statement of Claim for Divorce";
• essence of the claim: it is indicated by whom the document is submitted and on what grounds, whether there are children, whether the husband agrees to divorce;
• at the end, a petition for divorce should be expressed, the date of the document's preparation and the signature should be put.

Sample of a 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 a copy of it for transfer to her husband;
• a receipt for payment of the 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 violation of the rules of jurisdiction, errors or corrections. After that the term of the court session is appointed. On a mandatory basis, spouses are given a month for reflection and possible reconciliation, therefore, earlier than a month after filing the application, the court will not take place.

Personal presence 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.

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

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

The wife (husband) can receive a divorce certificate no earlier than 2 months after the filing of the claim.

You can pick up a 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 for payment of the state duty at the registry office. It will be 650 rubles. for each of the spouses.

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

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

Without a husband

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

You can quickly 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 marriage).

In the registry office

In the registry office, dissolution of marriage without a husband is carried out in the same order as in his presence. The only prerequisite 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 at the registry office at the place of residence, and goes to a notary. A receipt for payment of the state duty (650 rubles) is pinned to the completed and notarized document, after which it is sent to the wife's address. The spouse fills out her copy and submits to the registry office not one, but two applications for divorce.

Otherwise, the procedure remains the same as in the case of 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 him, but preparatory measures are required.

Statement of Consent

A statement 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:

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

Preparation of a motion to consider the case in the absence

A positive-minded husband, planning to be absent, 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 claims. It indicates: the name of the judicial authority; Full name of the husband who does not want to attend the meeting; after the title, the reasons for the absence from the meeting are indicated.

A sample of a motion to consider a case in the absence of one of the parties:

Power of attorney for representation 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 person, performing all sorts of actions (submit counterclaims, settle disputes, sign documents and other functions), or take on only some functions, for example, signing documents after agreement with the absent person. All these issues must be specified in the power of attorney.

Sample document:

The power of attorney is certified by a notary.

If you have these documents, a divorce from your husband will pass quickly and will take no more than 2 months from the date of filing a claim, as well as in the presence of your 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 has no 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 her 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;
• a petition for divorce in absence;
• power of attorney for representation in court by a third party (if necessary).

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

• In the presence of common minors under the age of 1 year. If the baby dies at birth, the spouse is not entitled to 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 a different 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 a woman of a responsible attitude towards her and 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 file a divorce if you have minor children

The only way to quickly file a divorce in the presence of common young children is to draw up an agreement on children. The main issues that should be reflected in it:

• the child's place of residence after the dissolution of the union;
• the procedure for paying alimony.

It is called upon to delimit as much as possible the rights and obligations of the parties in relation to a 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 document structure is as follows:

1. The name of the document and the following information about the parents (name, place of registration and actual residence, passport data (series, number, issued by).
2. Indication of the subject of the agreement. All the issues that will be discussed in the document regarding the minor are reflected here.
3. This is followed by sections according to the subject of the agreement: place of residence, procedure for exercising parental rights and obligations.
4. The responsibility of the parties for non-fulfillment of obligations, the term of the contract is discussed.
5. At the end, the parents put their signatures and the date of the agreement.

Divorce or divorce can be filed in court or at the registry office.

The most detailed information on divorce. After reading this article, in 99% of cases you will be able to dissolve the marriage yourself, without the help of lawyers. Find out all about divorce, in what cases it is possible to dissolve the marriage in the registry office, and when you need to go to court, how the divorce happens in the magistrates' court. A lawyer is ready to answer any questions about divorce. We give consultations on divorce free of charge.

Download forms of documents and sample applications, examples of court decisions on divorce. After studying the presented material, you yourself will become specialists in divorce and can even give advice to your friends and acquaintances.

What is spouse divorce

An official divorce is the dissolution of a marriage between spouses. It is not enough just to disperse to different apartments, stop communicating and run a joint household. Divorce means that it happens in the prescribed manner, with the receipt of official documents confirming that the marriage is terminated.

Only those spouses who entered into it through the registry office can dissolve a marriage. The word divorce is not used in family law, it is colloquial. Correctly speaking, and even more so writing in official documents - divorce.

It is possible to end a marriage not only by its dissolution, the marriage is terminated in the event of the death of a spouse, and in some cases it is possible.

Divorce procedure in 2019

For divorce, the desire of one of the spouses is sufficient. If the husband or wife wants to divorce, then the marriage will be dissolved in any case. Nothing depends on the desire of the other spouse here, but he can delay the time of the official divorce.

An exception to this rule is the period of pregnancy of the wife and the period of one year from the time of the birth of the joint child. At this time, the husband does not have the right to go to court with an application for divorce. He can only do this with the consent of his wife. Moreover, if the child was born dead or died after birth, the husband will still have to wait one year.

The marriage is dissolved either through the registry office or in court. The choice of the method of divorce depends on the presence of children and the wishes of the spouses. In case of divorce in court, after the entry into force of the decision, you still need to contact the registry office for a certificate of divorce. The general rule for a divorce is that it is drawn up no earlier than 1 month from the date of application.

Likewise, divorce occurs when one spouse, with mutual consent to divorce, is unable to come to the registry office. In this case, he draws up a notarized consent to divorce. If the spouse is in custody or serving a sentence in places of deprivation of liberty, his application can be certified by the head of the institution.

Recently, you can apply for the termination of a marriage through the multifunctional center of state and municipal services or through a single portal of public services.

Divorce at the registry office on the application of one spouse

Under certain circumstances, it is possible to dissolve a marriage through the registry office without asking the second spouse, at the request of one of them. These cases are strictly defined by the Family Code of the Russian Federation, we list them:

• if one of the spouses is sentenced to imprisonment for committing a crime for more than 3 years. At the same time, a copy of the court's verdict, which has entered into legal force, is attached to the application to the registry office.
• if the second spouse is declared incompetent by the court. A copy of the court decision on the recognition of the citizen as incompetent is attached to the application. For the procedure and conditions for recognizing a citizen as incompetent, see: .
• if the other spouse is recognized as missing. A copy of the court decision is also attached to such an application to the state registration authorities, in more detail: .

Divorce in court in 2019

Grounds for divorce through court

Divorce through court will be required if there is no possibility and grounds for divorce in the registry office. The process of divorce will be longer, it will be necessary to draw up an application for divorce, collect additional documents, the judge can extend the trial to reconcile the husband and wife.

In court, divorce occurs in the presence of common children under the age of 18, if one of the spouses objected to divorce or if he avoided appearing at the registry office. During the consideration of claims for divorce in court, it is possible to declare the determination of the place of residence and the procedure for raising children, the division of jointly acquired property, the collection of alimony for children and the maintenance of the spouse, and other disputes arising from family relations. However, it is better to do this by independent claims.

According to the general rules, the requirements for divorce belong to, if there are additional requirements, the case may become subject to jurisdiction by the district (city) court.

With regard to territorial jurisdiction, in general () claims for divorce are filed at the place of residence of the defendant. There are exceptions to this rule, in the presence of children or for health reasons, the plaintiff can file a claim at his place of residence ().

Divorce through court

Let us consider in more detail the procedure for divorce of spouses through the magistrate, if only the requirement for divorce is filed with the court. If there are other claims combined into one proceeding, the case can be considered at a later date and with a large number of court sessions.

After filing the claim file to the magistrate or to the district court, you need to wait for a notice of the time and place of the trial. Typically, such notice comes 10-14 days after filing a claim. If the notification was not received, it is worth calling the court and finding out the reasons, perhaps abandonment. As a rule, if everything is in order with the application, the court assigns such cases immediately to court proceedings, 1 month after the application is received by the court.

You can come to the court session in person or ask to consider the case in your absence. The defendant can take to court or file.

First of all, the court finds out whether the defendant agrees to divorce. If there is consent, the marriage is dissolved without further clarification of the motives and grounds for the divorce. If the defendant does not agree to divorce, the judge finds out the reasons for going to court, the possibility of maintaining family relations, after which he gives a period for reconciliation. In this case, the court session is postponed for up to 3 months. At the next court session, if the plaintiff has not filed, the marriage is dissolved.

The court decision on divorce comes into legal force 1 month after its adoption. If filed, the decision will enter into force after the case is considered by the court of appeal.

On the day when the court decision comes into legal force, the marriage will be considered dissolved. With a copy of the decision, you must contact the registry office, which will issue a certificate of divorce. The divorce certificate is a document confirming the divorce.

Thus, in case of divorce through the court, the divorce will be formalized no earlier than 2 months, and it can drag on for 5-6 months if there is resistance from the second spouse.

Divorce through court with children, the procedure for divorce

The procedure for divorce through court in the presence of children does not differ from the usual one. At the same time, in addition, requirements for the recovery of alimony, the determination of the place of residence of children and the participation in their upbringing can be included in the application for divorce. However, we recommend not to do this, it is much more practical and faster to resolve these issues separately.

Divorce through the courts, even with children, is considered by the magistrate, he also considers the requirements for alimony. Family disputes involving children are considered only by the district court. Therefore, it is possible to submit separate applications to different locations. When registering a divorce through a court with children, the court can also give time for reconciliation, postponing the hearing for 3 months, at which time the remaining requirements will not be considered.

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Family Code of the Russian Federation on divorce

Chapter 4 of the Family Code of the Russian Federation. Termination of marriage

Article 16 of the RF IC. Grounds for termination of marriage

1. A marriage is terminated as a result of death or as a result of a court announcement of one of the spouses as deceased.

2. A marriage may be terminated by its dissolution at the request of one or both spouses, as well as at the request of the spouse's guardian, recognized by the court as incompetent.

Article 17 of the RF IC. Restriction of the right to a husband to file a demand for divorce

The husband has no right, without the consent of his wife, to initiate a divorce case during the wife's pregnancy and within a year after the birth of the child.

Article 18 of the RF IC. Divorce procedure

Dissolution of a marriage is carried out in the civil registry offices, and in the cases provided for by Articles 21-23 of this Code, in court.

Article 19 of the RF IC. Dissolution of Marriage in the Registry Office

1. In case of mutual consent to the dissolution of marriage by spouses who do not have common minor children, the dissolution of the marriage shall be carried out in the civil registry offices.

2. Dissolution of a marriage at the request of one of the spouses, regardless of whether the spouses have common minor children, is carried out in the civil registry office, if the other spouse:

recognized by the court as missing;

declared incompetent by the court;

convicted of committing a crime to imprisonment for a term exceeding three years.

3. Dissolution of marriage and issuance of a certificate of dissolution of marriage shall be carried out by the civil registry office after a month from the date of filing an application for dissolution of marriage.

4. The state registration of divorce shall be carried out by the civil registration authority in the manner established for the state registration of civil status acts.

Article 20 of the RF IC. Consideration of disputes arising between spouses in the event of divorce in the civil registry offices

Disputes about the division of the spouses' common property, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incompetent or sentenced for committing a crime to imprisonment for a term exceeding three years (paragraph 2 of Article 19 of this Code), are considered in court, regardless of the divorce in the registry office.

Article 21 of the RF IC. Divorce in court

1. Dissolution of a marriage shall be carried out in a judicial proceeding if the spouses have common minor children, with the exception of the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.

2. Dissolution of a marriage is carried out in a judicial proceeding also in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage at the civil registry office (refuses to submit an application, does not wish to appear for state registration of divorce, and more) ...

Article 22 of the RF IC. Dissolution of marriage in court in the absence of the consent of one of the spouses to divorce

1. Dissolution of a marriage in a judicial proceeding shall be carried out if the court has established that the further life of the spouses and the preservation of the family are impossible.

2. When considering a divorce case in the absence of the consent of one of the spouses to divorce, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months.

Dissolution of a marriage is carried out if measures to reconcile the spouses have failed and the spouses (one of them) insist on the dissolution of the marriage.

Article 23 of the RF IC. Dissolution of marriage in court with mutual consent of the spouses to divorce

1. If there is a mutual consent to divorce of spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of this Code, the court dissolves the marriage without clarifying the reasons for the divorce. The spouses have the right to submit to the court the agreement on children provided for in paragraph 1 of Article 24 of this Code. In the absence of such an agreement, or if the agreement violates the interests of children, the court shall take measures to protect their interests in the manner prescribed by paragraph 2 of Article 24 of this Code.

2. Dissolution of a marriage shall be carried out by a court not earlier than the expiration of a month from the date of filing by the spouses of an application for divorce.

Article 24 of the RF IC. Issues to be resolved by the court when making a decision on divorce

1. In case of divorce in court, the spouses may submit to the court an agreement on who of them the minor children will live with, on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds, or on the division of the general property of the spouses.

2. If there is no agreement between the spouses on the issues specified in paragraph 1 of this article, as well as if it is established that this agreement violates the interests of the children or one of the spouses, the court must:

determine with which parent the minor children will live after the divorce;

to determine from which of the parents and in what amounts the alimony for their children is collected;

at the request of the spouses (one of them), to divide the property that is in their joint ownership;

at the request of the spouse who has the right to receive maintenance from the other spouse, determine the amount of this maintenance.

3. If the division of property affects the interests of third parties, the court shall have the right to separate the requirement for the division of property into a separate proceeding.

Article 25 of the RF IC. The moment of termination of a marriage upon its dissolution

1. A marriage dissolved in a civil registry office shall terminate from the date of the state registration of the dissolution of the marriage in the civil registration book, and in the event of divorce in court - from the date the court decision enters into legal force.

2. Dissolution of a marriage in court is subject to state registration in the manner established for state registration of acts of civil status.

The court is obliged, within three days from the date of entry into force of the court decision on divorce, to send an extract from this court decision to the civil registry office at the place of state registration of marriage.

Spouses are not entitled to remarry before receiving a divorce certificate from the vital statistics office at the place of residence of any of them.

Article 26 of the RF IC. Restoration of marriage in case of appearance of a spouse declared dead or recognized as missing

1. In the event of the appearance of the spouse, declared by the court as deceased or recognized by the court as missing, and the cancellation of the relevant court decisions, the marriage may be restored by the civil registry office upon a joint application of the spouses.

2. A marriage cannot be restored if the other spouse remarried.

Answers to the most common divorce questions

I want to divorce my husband, he is against it. Which article to link to? He cheated on me.

Apply for divorce in court according to our model. You need to refer to Articles 21 and 23 of the Family Code of the Russian Federation.

Is it possible for a spouse to apply for divorce at the registry office of the city of Moscow if the marriage was registered at the registry office of the city of St. Petersburg? Registration of a spouse in St. Petersburg, registration of a wife in Moscow.

According to Article 32 of the Federal Law "On Acts of Civil Status", a spouse can submit an application for divorce at the registry office at the place of residence of one of the spouses or at the place of state registration of marriage. In your case, this means that you can apply to the registry office at the place of registration of any of the spouses, including in Moscow. If there is a mutual consent of the spouses to divorce and there are no joint minor children.

My husband has filed for divorce. If I do not go to the courts, how long will they divorce us? I want to delay the divorce.

Usually, a court hearing in such cases is scheduled one month after the filing of the claim. If you want to delay the divorce, you need to go to court and declare that saving the family is still possible, ask for the maximum possible time for reconciliation. If you are persuasive, the Justice of the Peace will give a maximum of 3 months time for reconciliation. Argument your position with the desire to save the family. If you do not want to go to court, you can write a statement in which you state in writing a request for time for reconciliation.

How can I apply for a divorce if my husband is in another city and cannot be present in person?

The husband's personal presence in court is not required. After filing a statement of claim, the court notifies the defendant about the time and place of the proceedings, but his appearance is not required. He can write, if there is no such statement, the court will make a decision in absentia on the case. Please note in which cases you can file a claim for divorce at your place of residence.

My husband and I have lived for almost two years, we have a baby 1.7 months old. I want to get a divorce. They are registered in different cities. Where should I apply? And I don't know where he is now. What should I do?

You can file a claim with the magistrate at your place of residence, indicate the last known address of your husband.

I want to divorce my husband, but we have a small child (2 months). Will I be able to do this without his consent or wait for the child to grow up?

The law does not establish restrictions on divorce for women. The fact that you have a small child sets a divorce limit for your husband, but not for you.

My wife and I decided to divorce, in 2 weeks she will give birth. Is divorce even possible?

In your case, it is necessary to take into account Article 17 of the Family Code of the Russian Federation: A husband has no right to initiate a divorce case during the pregnancy of his wife and within a year after the birth of a child without the consent of his wife.
Since the divorce will occur no earlier than a month after the application is filed, then you need to go to court with a statement of claim. Divorce is possible if the wife does not object, gives her consent, or she herself submits this application.