Divorce without the consent of the husband or wife is a complex, labor-intensive, and sometimes very lengthy procedure. It is especially difficult to break a marriage if the spouse refuses to take part in it at all.
But even in such a situation, you can get a divorce. If you want to divorce yourself, then visiting the site will help you speed up the process. Our lawyers will tell you how to file an application for divorce in court without your husband, what this will require, and how long the procedure will take.
Legislation on the timing of divorce
Dissolution of a marriage union is a strictly regulated procedure by Russian law, the fundamental points of which, including the answer to the question of how long a divorce takes, are reflected in the Family and Civil Codes of the Russian Federation. In the RF IC it is:
- Art. 16, which sets out the grounds for termination of marriage;
- Art. 18, which regulates the determination of the body to which the relevant application is submitted;
- Art. 19, 21-23, describing the procedure and cases of divorce proceedings, taking into account the characteristics of the subject composition;
- Art. 25, which determines how long to wait for the legal termination of the marriage.
The norms of the Civil Code of the Russian Federation are not so clearly aimed at describing the situation with the divorce process, but together with the articles of the Criminal Code they regulate certain points that are directly related to it:
- Art. 47 gives a list of civil status acts;
- Art. 256 defines the regime of joint property of spouses.
Also an important legislative act on the issue of termination of marriage is the Federal Law of November 15, 1997 No. 143 “On acts of civil status”.
Divorce terms through the registry office
The law provides two ways to dissolve a marriage:
- through the registry office;
- through legal proceedings.
The first is possible only if the situation is completely conflict-free - a couple is getting divorced without children born in this marriage (or they have reached the age of majority), and there are no disputes about the division of jointly acquired property. This is the easiest and fastest way to end a marital relationship, although it is quite rare. This is explained by the fact that, in addition to the absence of common minor children and disputes about property, the decision of the husband and wife must be mutual.
If all conditions are met, applications must be submitted by both spouses to the same registry office, the choice of which depends on the place of residence and the desires of the couple.
In cases where one of the spouses for some reason cannot appear in person at the registry office, a notarized statement with a signature is sufficient.
After the documents have been submitted, the question becomes relevant for spouses: how long after filing the application for divorce.
From the moment the registry office employees have accepted all the necessary documents, the divorce procedure begins, which lasts exactly one month. This period is the minimum period for registering a divorce in the Russian Federation.
How to file for divorce without your husband?
The official severance of family relations without the participation of one of the spouses is carried out by a court decision. The procedure lasts about three months. This time is given by the judge at his own discretion in the event of reconciliation between the parties to the divorce proceedings. Sometimes this gives positive results. But cases often arise when the reconciliation period causes additional difficulties for the spouse interested in dissolving the marriage. For this reason, it is important not to neglect the services of a lawyer from the very first days. A lawyer will help you find ways to resolve the controversial situation as soon as possible.
According to the law, there is no special form for a divorce claim. An application for divorce without a husband consists of three parts. The first (official) part indicates the name of the court where the claim is sent, information about the plaintiff and defendant (spouses), their children, and property.
The second (descriptive) reveals the main circumstances of the case - the date of registration of the marriage, the reasons for the divorce, arguments and evidence of the impossibility of further life together. In addition, in this part the parties offer ways to resolve disputes about property, children’s place of residence, and alimony. The petition part contains the plaintiff’s main demand - to dissolve the marriage, divide property, and collect alimony.
How long does a divorce take when going to court?
The second way to free yourself from the bonds of marriage is not so simple. The conditions under which spouses will have to divorce through court are regulated by Art. 21 RF IC and include:
- lack of mutual consent of the spouses;
- presence of common minor children;
- disputes about the division of joint property acquired during marriage.
Therefore, the question of where you can get a divorce if you have a child has a clear answer - only in court. Moreover, the legislation provides for the possibility of appealing to both a magistrate and a court of general jurisdiction. The first is possible if:
- an agreement has been reached on the place of residence of common minor children, as well as on who will communicate with them and how;
- there is a notarized agreement regulating the ownership of common property acquired during marriage after its dissolution.
In all other cases, the divorce process must take place in a court of general jurisdiction.
The timing of a divorce through court with children depends on many factors. Objective points that are determined by law and which cannot be influenced include an algorithm that provides for deadlines:
- within 7-14 days from the moment of acceptance of the application and necessary documents until the day on which the review will be scheduled;
- up to 30 days before the appointment of divorce proceedings.
It is also legally determined how long a case is considered in court - a maximum of 3 months. Therefore, according to the law, the procedure for judicial divorce should not exceed four months.
How to get a divorce through court? Step-by-step instructions, legal advice, nuances of divorce with children
When can you get a divorce only through the court?
A marriage can only be dissolved by court in the following cases:
- if one of the spouses does not agree to divorce, that is, it is necessary to dissolve the marriage, relatively speaking, unilaterally if one of the spouses refuses to divorce
- spouses have common minor children (except for the case when one of the spouses is recognized by the court as missing, incompetent, or sentenced to imprisonment for a term of over 3 years for committing a crime)
- one of the spouses, despite his lack of objections, evades divorce from the registry office, including refusing to file an application for divorce
If there are no minor children and both spouses agree to a divorce, or if your spouse is sentenced to more than 3 years, declared missing or incompetent, you need to contact the Civil Registry Office to get a divorce.
Read more:
How to get a divorce in the registry office?
It should be borne in mind that the husband does not have the right, without the consent of his wife, to dissolve the marriage either in the registry office or in court during her pregnancy and within a year after the birth of the child (including if the child was stillborn or died before reaching the age of one year).
How to file a lawsuit for divorce?
Step 1. Determine which court to file for divorce
- If there is no dispute between the spouses about children and the cost of the claim does not exceed 50 thousand rubles (if a claim is filed for divorce and division of jointly acquired property, the claim for divorce must be filed with a magistrate.
- In other cases, to dissolve a marriage (divorce), you need to apply to the district (city) court.
Thus, a divorce in the magistrate’s court if there are minor children is impossible; this dispute is subject to consideration only in the district (city) court.
It is necessary to file a claim for divorce in the court at the place of residence of the defendant (second spouse). Exception to the general rule: If a minor child lives with the plaintiff or the plaintiff’s health condition does not allow him to travel to the defendant’s place of residence, or the claim also contains a claim for alimony, then the claim for divorce can be filed with the court at the plaintiff’s place of residence.
Step 2 . Prepare a statement of claim and submit it to court
The statement of claim, in particular, indicates when and where the marriage was registered; whether there are common children, their ages; whether the spouses have reached an agreement on their maintenance and upbringing; in the absence of mutual consent to dissolve the marriage - the reasons for the dissolution of the marriage; Are there other claims that can be considered simultaneously with the claim for divorce. Demands for the division of jointly acquired property can be filed in one claim with a claim for divorce or a separate claim after a divorce.
Form of claim for divorce in court
______Name, address of the court_______
Plaintiff: ________________________________________________ (full name)
address: ______________________________________________________,
phone fax: ______________________,
E-mail address: _____________________________________
Defendant: ___________________________________________ (full name)
address: ______________________________________________________,
phone fax: ______________________,
E-mail address: _____________________________________
date and place of birth: _______________________ (if known)
place of work: ________________________________ (if known)
SNILS, INN, OGRNIP, series and number of an identity document, driver's license or vehicle registration certificate (one of the identifiers, if known)
State duty: __________________________ rubles
STATEMENT OF CLAIM
about divorce
_____________ ____ g. The Plaintiff married the Defendant, as confirmed by the marriage certificate: series ______ No. _________.
The marriage was registered on _______________________________________ (name of the civil registry office), act record No. _____________________.
The Plaintiff and the Defendant have a common minor child (children) ___________________________________________________________ (full name, day, month, year of birth of the children and with whom, where they lived), which is confirmed by _____________________________________________.
The marital relationship between the Plaintiff and the Defendant was terminated on ___________ ___. The general household has not been maintained since that time.
Further life together for the spouses became impossible. There is no dispute about the division of property that is the joint property of spouses. There is no dispute about children.
Option 1:
In accordance with paragraph 1 of Art. 24 of the Family Code of the Russian Federation, upon divorce in court, spouses may submit to the court an agreement on which of them the minor children will live with, on the procedure for paying funds for the maintenance of children and (or) a disabled spouse in need, on the amount of these funds or on the division of the common property of the spouses.
An agreement on with whom the minor child(ren) will live and on the procedure for paying funds for the maintenance of the child(ren) is attached.
The defendant has an independent income and does not need support from the plaintiff; he agrees to divorce.
According to paragraph 1 of Art. 23 of the Family Code of the Russian Federation in the presence of mutual consent to divorce spouses who have common minor children, as well as spouses specified in paragraph 2 of Art. 21 of the Family Code of the Russian Federation, the court dissolves a marriage without clarifying the reasons for the divorce.
Option 2:
The defendant objects to the divorce on the grounds of ____________________________.
In accordance with paragraph 1 of Art. 22 of the Family Code of the Russian Federation, dissolution of a marriage in court in the absence of the consent of one of the spouses to dissolve the marriage is carried out if the court determines that further life together of the spouses and preservation of the family is impossible.
Based on the aforesaid and guided by Article. Art. 21, 22, 23 of the Family Code of the Russian Federation, clause 2, part 1, art. 23, art. Art. 131, 132 of the Civil Procedure Code of the Russian Federation,
I ASK THE COURT:
1. To dissolve the marriage between the Plaintiff and the Defendant, registered on ___________ ___ in _________________________________ (name of the registry office), registration number ___________________.
2. To recover from the Defendant in favor of the Plaintiff the costs of paying the state duty in the amount of _________ (________) rubles.
Application:
1. A copy of the marriage certificate dated __________ ___, series ________ No. _____
2. Document confirming payment of state duty
3. Notice of delivery or other documents confirming the sending to the Defendant of copies of the statement of claim and documents attached to it that he does not have
4. Agreement on with whom
the minor child(ren) will live, on the procedure for paying funds for the maintenance of the child(ren) and on the amount of these funds (if any)
5. Copy of the Birth Certificate of the child(ren) )
6. Agreement on the division of jointly acquired property (if any)
7. Power of attorney of the representative dated
___ __________ ____ No.___ (if the statement of claim is signed by the plaintiff’s representative)
8. Other documents confirming the circumstances on which the Plaintiff bases his claims
"___"__________ ____ G.
Plaintiff (representative):
________________/__________________________________________/
(signature) (full name)
Documents for divorce in court
The following documents must be attached to the statement of claim:
- marriage certificate
- birth certificates of children (if available)
- receipt of payment of state duty
- notarized power of attorney (if the statement of claim is signed by a representative under the power of attorney)
- documents confirming the circumstances on the basis of which the claim is brought at the plaintiff’s place of residence (medical documents, for example)
- the defendant’s consent to divorce, certified by a notary (if available, in order to exclude the court from setting a “conciliation” period)
- agreement on the procedure for exercising parental rights, on the payment of alimony, on the division of jointly acquired property and other documents related to the divorce (if they were drawn up)
- copies of the postal receipt and list of attachments confirming the sending of the statement of claim and documents to the defendant and third parties
How much does it cost to file for divorce?
When going to court, the plaintiff pays a state fee of 600 rubles. If there is a dispute about the division of property, a state duty is also paid based on the value of the property.
How to apply for divorce in court ?
A statement of claim and documents for divorce can be submitted:
- personally or through a representative to the expedition of the relevant court (in this case, we recommend preparing a copy of the claim, on which the court employee will make a note of acceptance)
- by Russian Post (we advise you to send a valuable letter with an inventory of attachments, in which you describe all the documents sent to the court, and keep the receipt and inventory)
- through an electronic system (if a particular court has the technical capability)
Step 3. Take part in court hearings and receive a court decision
When a marriage is dissolved, the court decides the most important question - whether it is possible for the spouses to continue living together and preserving the family. For these purposes, the judge gives the spouses time for reconciliation within 3 months. If the spouses have not reconciled within this period, the court makes a decision on divorce.
If there is mutual consent to dissolve the marriage, the court dissolves the marriage without clarifying the reasons for the divorce. However, in any case, the period for divorce by the court cannot be less than one month from the date of filing the application. A divorce in court without the presence of both spouses is possible in exceptional cases, since if the plaintiff fails to appear again, the court has the right to leave the statement of claim without consideration, so it is better, if it is impossible to appear, to send a representative to the court by proxy.
If the spouses have common minor children and the parents have not reached an agreement on their place of residence, or such an agreement violates the rights of the children, the court is obliged to indicate in the decision:
- Which parent will the minor children live with after the divorce?
- from which parent and in what amount is alimony collected for their children and/or disabled spouse?
In addition, if the spouses have not reached an agreement on the division of jointly acquired property (which must be certified by a notary), at the request of the spouses, the court will decide this issue. For more information about the division of jointly acquired property and interesting cases from practice, you can read the article at the link.
Important: Divorce and division of property can occur in different legal proceedings; spouses can also divorce by submitting a joint application to the registry office, but regarding the division of property the parties cannot reach an agreement and apply to the court for resolution of the dispute (taking into account the statute of limitations).
The marriage is considered dissolved by the court from the moment the decision enters into legal force (after a month from the date of drawing up the reasoned decision). A court decision that has entered into legal force is sent by the court within 3 days from the date of its entry into the registry office for its registration and issuance of a divorce certificate.
Is it necessary to apply to the registry office after divorce in court?
Yes need. It is worth noting that the most important point when divorcing a marriage in court is obtaining a divorce certificate. Until one of the spouses receives it, the spouses have no right to enter into a new marriage.
To obtain a divorce certificate, you must contact the civil registry office at the place where the marriage was registered or at the place of residence of any of the former spouses. Former spouses can apply to obtain a divorce certificate not only together, but also separately (do not confuse this procedure with divorce at the registry office). When applying in person, registration of divorce is carried out on the day of application, subject to the presentation of all properly executed necessary documents. If one of the former spouses registered the divorce in the civil registry office, and the other former spouse applies to the same registry office later, information about this former spouse is entered into the previously recorded entry in the act of divorce. A court decision on divorce in this case may not be presented.
Documents for issuing a divorce certificate in case of divorce in court:
- application for divorce (if drawn up)
- passport (identity document) of former spouses (one of the spouses)
- court decision (extract from the court decision) on divorce, which has entered into legal force
- a receipt for payment of state duty in the amount of 650 rubles. If information on payment of state duty is contained in the State Information System on State and Municipal Payments, submission of a receipt is not required.
The application (if prepared) and documents can be submitted in person or through a representative authorized by the former spouses or either of them. In this case, you must also provide the representative’s passport and a power of attorney confirming his authority. The application can also be sent in the form of an electronic document to the civil registry office through the Unified Public Services Portal and regional public services portals. We recommend checking the possibility of submitting an application in the form of an electronic document in your region on the appropriate government services portal. The application can also be submitted to the MFC if regional regulations assign the authority to carry out state registration of divorce to the MFC. A certificate of divorce is issued to each spouse.
How to divorce a foreigner?
If you entered into a marriage with a foreign citizen in another state, then you can divorce the marriage there. Such a divorce is recognized as valid on the territory of the Russian Federation. In this case, you must send information about the divorce to the civil registry office or consular office of the Russian Federation outside the Russian Federation at your place of residence. On the territory of the Russian Federation, a marriage with a foreign citizen can also be dissolved according to the legislation of the Russian Federation in the civil registry office or in court.
Read more about the services of a lawyer for the division of jointly acquired property here. More than 7 years of experience in providing services in the field of family law, comprehensive legal services, we work without prepayment, guarantee of results. Need legal advice? Call us by phone or leave a request on the website, we will contact you as soon as possible and answer all your questions! Legal consultation is free!
Duration of the divorce process in the presence of children
A divorce complicated by disputes about children can drag on for quite a long time if the spouses are unable to reach an agreement. Therefore, the parties will be able to reduce the duration of the divorce process taking place in court to the minimum possible period in the presence of children only if they resolve among themselves in advance all issues related to their further residence, maintenance, communication with the other parent, and others.
If the parties continue to persist and no one is willing to compromise, litigation in practice can drag on for several months, and sometimes more than a year. Therefore, it is quite difficult to answer with certainty the question of how long a divorce lasts if there is a child; it all depends on many subjective factors that influence its duration. We can confidently name only the minimum period of the divorce process in this case – up to two months.
From the article you can learn more about how to file for divorce if you have a child.
Jurisdiction of cases of this category
The first question that an interested party has is where to submit documents. In most cases, such cases are heard in the magistrate's court at the place of residence of the defendant. If it is impossible to determine where he is currently located, the claim is filed at the place of his last registration.
But there are also exceptions. Thus, the plaintiff can appeal to the magistrate at his place of residence if he has serious health problems, as well as if the defendant’s legal capacity is limited or he is in prison.
Divorce term if one party does not agree
If there are no common children or disputes about property, but one of the parties is against it, divorce is possible only in court. If at a court hearing one of the spouses expresses reluctance to end the marriage, the judge usually gives a period for reconciliation.
When going to court for a divorce and hoping for a quick resolution of the issue, you need to keep in mind how much time is given to think about possible reconciliation. According to Art. 22 of the RF IC, the period is three months, but in practice the time periods vary from one and a half to four months.
Divorce by court without children: grounds
As a rule, divorce in court without children is carried out in the following cases:
- One of the parties opposes the divorce.
- A dispute arose between a husband and wife regarding the division of property.
- One of the spouses has repeatedly refused to appear at the registry office to submit a joint application.
- The husband or wife is disabled and needs financial support from the former partner.
You also have to go to court if you cannot determine the whereabouts of your husband or wife.
How to reduce divorce time
In order for the court to make a decision to dissolve a marriage in a short time, it is necessary:
- draw up a notarized agreement on the issue of residence of a minor child and on the procedure for his communication with the second parent;
- convince your spouse of the need to officially end the relationship (so that there is no reason to get a reconciliation period of up to 3 months and wonder when to expect a summons next time);
- preliminarily resolve the issue of division of property.
However, there are cases when it is impossible to shorten the divorce timeline under any circumstances. This applies to situations where a divorce application is filed by a husband during his wife’s pregnancy without her consent. Read more about whether divorce is possible during pregnancy.
Procedure for considering a divorce case without children
The initial stage of consideration of legal disputes between childless spouses is the preparation of a statement of claim. The outcome of the case largely depends on the competent drafting of this document and the arguments set out in it.
You can write an application in any form, but you must indicate in it:
- Name of the court site.
- FULL NAME. and contact details of both parties.
- Reasons why the plaintiff wants to end the marriage relationship. An overly emotional story would be inappropriate here. It is best to formulate the reason clearly (for example, assault by a spouse).
- The plaintiff’s specific request to the court (appointment of alimony to a disabled spouse, division of property).
At the end of the application, a list of attached documents is compiled. In almost all cases it includes:
- Passport of the interested party.
- Certificate of marriage.
- Receipt for payment of duty to the state budget.
- Bank account statements, income certificates of spouses, copies of documents for real estate and other valuable property.
Additionally, other documents may be provided: a power of attorney for a representative who will participate in the process, a court verdict against the husband or wife, a court decision declaring the spouse incompetent.
Once the case is accepted for consideration, a trial date is set. Based on its results, the judge has the right to agree with the demands of the interested party, refuse to satisfy the claim, or assign an additional period for reconciliation of the parties to the dispute. At the same time, all provided evidence is examined. For example, if the plaintiff presented certificates from the emergency room about beatings, the married couple may be divorced immediately
Division of property and terms of divorce
Existing disputes about the division of common property acquired during marriage can significantly delay the divorce process: just drawing up a report on an independent assessment of property can take up to 2 months. From the article you can learn more about how long the division of property during a divorce can delay the divorce procedure.
In the case where part of the property that was acquired during marriage was hidden from the other party and was not legally divided during the court hearing in the divorce case, within 3 years you can go to court to restore your violated rights.
The article introduces in detail how and from what point the statute of limitations for the division of property during a divorce is calculated.
Time to divorce through court
Divorce in court is a longer procedure and usually lasts several months. The chronology of actions included in the divorce procedure is as follows:
- using a sample statement of claim for divorce, a statement of claim is prepared and sent to the court; it is important to know what documents are needed for a divorce through the court;
- the case is scheduled for hearing approximately within a month from the day the claim was received by the court;
- the case is postponed for up to 3 months, thereby providing the parties with a conciliation period if one of the parties insists on the impossibility of dissolving the marriage;
- if the question of providing a period for reconciliation does not arise or it has already expired when a divorce is being pursued through the court, the judge makes a decision at the next meeting;
- Such a decision enters into legal force after 1 month.
At what point does marriage end?
The moment of termination of marriage is determined by Article 25 of the RF IC. When a family union is dissolved through the civil registry office, the date on which the entry of this event appeared in the civil registration book is considered as such.
If the divorce process takes place in court, then the moment of termination of the marriage in such a situation will be considered the day the court decision taken in the divorce case enters into legal force.
The article contains more complete and detailed information about when a marriage is considered dissolved.
