In what cases does divorce proceedings take place in court?
- Non-consent of one of the spouses . We often hear the phrase: a spouse does not give a divorce. What to do? It will not be possible to file a divorce through the registry office, since there is no mutual consent. In this case, a lawyer will help initiate divorce proceedings through the court.
- Minor children . If there are minor children together, spouses can file for divorce only through the court. Please note that if the child is under one year old, the husband is limited in his right to unilaterally file a divorce without the consent of his wife. Experienced lawyers will help you competently draw up a statement of claim to the court to begin the trial.
- >Wife's pregnancy. According to the Family Code of the Russian Federation, only the spouse can initiate legal proceedings if she is pregnant. In the absence of the wife's consent, the divorce will have to be forgotten until the child reaches the age of one year.
- Property dispute . During the trial, statements may appear on the part of the husband or wife about the existence of a property dispute. In this case, a divorce lawyer will be able to either resolve both cases in one process, or separate the property dispute into a separate proceeding so as not to consider it in the divorce process and not delay the divorce deadline.
Official rating of divorce lawyers. Choose the best.
Divorce is a great tragedy in the life of any person. But an even greater tragedy is litigation with an already ex-spouse. Lots of nerves and emotions, little logic and sobriety in decision making. You can, of course, defend your interests in court yourself, but a much better decision would be to choose a professional, a lawyer or a divorce lawyer.
It is a competent specialist who thinks soberly and rationally, knows the laws and has extensive judicial practice, who will help resolve a difficult dispute in the shortest possible time and with minimal losses, both material and moral.
And in order to choose the best specialist, this rating was created. The rating is based on an analysis of reviews from real clients of law firms and simply lawyers and divorce attorneys. Our database contains more than 5,000 reviews, opinions, and advice. You can also leave your opinion about the quality of work of a particular lawyer or divorce lawyer by simply filling out the form at the bottom of the page. And your opinion will appear on our website.
On May 05, 2021, when compiling the rating “Moscow’s Best Divorce Lawyers,” first place went to https://advokat-malov.ru MIP Legal Group.”
Do you need a “divorce” lawyer if there is no conflict in the divorce?
Some married couples do not bring the divorce process to court and resolve the problems peacefully. However, problems still exist, and without a divorce specialist, you can make a number of mistakes that you later regret.
Legal assistance for divorce will be needed in the following cases:
- Division of jointly acquired property . The assistance of a divorce (divorce) specialist consists of drawing up an agreement on the division of property with subsequent registration with the relevant government agencies (Rosreestr or the State Traffic Safety Inspectorate). The services of a lawyer will help you correctly draw up documents and take into account the interests of the parties in accordance with current legislation.
- Alimony . The issue of alimony payment can be resolved out of court. Please note: a marriage contract cannot contain the conditions and procedure for paying alimony. The assistance of a lawyer will help you draw up a child support agreement correctly and take into account the interests of the children.
- Credit . A divorce lawyer will help you divide existing loans and mortgages, and will also negotiate with the bank about amending the loan agreement. Without the help of a specialist, you may be faced with early termination of the contract by the bank, seizure of the property and sale of it at auction, which is completely unprofitable for the borrower. Please note: joint debts, as well as joint property, are subject to division in divorce cases.
Basic Divorce Services
Document preparation services
- Development of a marriage contract (the service is becoming widespread in Russia, but is especially in demand when marrying a foreign citizen)
- Development of an agreement on the division of property
- Development of an agreement on determining the place of residence of children
- Development of an agreement on the procedure for communicating with children
- Development of an agreement on the collection of alimony
Legal services for related categories of cases
- Divorce through court;
- Collection of alimony for minor children;
- Reducing/increasing the amount of alimony;
- Division of marital property;
- Determining the place of residence of children;
- Determining the order of communication with the child;
- Deprivation of parental rights;
- Establishment of paternity (genetic, biological)
- Challenging paternity
- Removing obstacles to taking a child outside the Russian Federation
- Collection of alimony for the maintenance of a spouse (former)
- Competent settlement of issues regarding loans and debts of spouses
- Collection of evidence, including documentary evidence confirming the gaming, drug or alcohol addiction of one of the spouses in the presence of facts of violence and threats on his part
- Evicting your ex-spouse (in this complex matter, it would be a short-sighted decision to refuse the professional protection of a divorce specialist).
- Evidence of concealment of savings or income by one of the spouses. Only with the support of a practicing expert in this field can you effectively assert your rights
- Overcoming obstacles associated with a spouse’s disability or living in another city
What processes are carried out by the divorce specialists of the PRAVO LEG center?
Our center’s lawyers handle cases on the following family law issues:
- Divorce;
- Collection of alimony;
- Determining the child’s place of residence and the order of his upbringing;
- Establishing/challenging paternity;
- Property division;
- Challenging the marriage contract.
A divorce lawyer at our center will help resolve any issue related to family law. Contact a lawyer before trial. Many issues are resolved at the pre-trial settlement stage!
Prices for various categories of divorce cases
Divorce through court | from 10 000 |
Collection of alimony for minor children | from 10 000 |
Reducing/increasing the amount of alimony | from 10 000 |
Division of marital property | from 30 000 |
Determining the place of residence of children | from 30 000 |
Determining the order of communication with the child | from 30 000 |
Deprivation of parental rights | from 20 000 |
Establishment of paternity (genetic, biological) | from 20 000 |
Challenging paternity | from 20 000 |
Removing obstacles to taking a child outside the Russian Federation | from 20 000 |
Collection of alimony for the maintenance of a spouse (former) | from 20 000 |
Development of a marriage contract | from 5 000 |
Development of an agreement on the division of property | from 5 000 |
Development of an agreement on determining the place of residence of children | from 5 000 |
Development of an agreement on the procedure for communicating with children | from 5 000 |
Development of an agreement on the collection of alimony | from 5 000 |
Drawing up an application for interim measures (arrest, ban, etc.) | from 5 000 |
What services does a divorce specialist provide?
The PRAVO LEG Center provides a wide range of services in family disputes. Legal assistance can be comprehensive or as a separate service.
- Consultations (oral and written) of lawyers;
- Pre-trial dispute resolution;
- Drawing up a statement of claim;
- Participation of a lawyer in court hearings;
- Remote (consulting) participation of a lawyer in a court case;
- Participation of a lawyer in divorce proceedings on a turnkey basis.
Documents required for divorce in Moscow
The list of basic papers is approximately the same, regardless of the specifics of the termination of family legal relations. You must provide:
- Completed application;
- Marriage registration certificate;
- A receipt confirming payment of the state fee;
- Identification.
Keep in mind that divorce through court involves preparing a statement of claim. The list of additional papers depends on the specifics of the termination of family legal relations. May require:
- Marriage contract;
- Children's birth certificate;
- Property documents;
- Income certificates;
- Characteristics from work and study.
The list is not exhaustive. You can clarify the list during a preliminary legal consultation. To get it, read the rating and choose a professional divorce lawyer in Moscow.
Why should you entrust your divorce to a lawyer from the PRAVO LEG center?
Family law specialists at the PRAVO LEG center are professional divorce lawyers.
Our advantages:
- Each divorce lawyer has more than 10 years of experience;
- Positive judicial practice;
- Fixed cost;
- Possibility of payment for results;
- Strict compliance with the concluded agreement.
We value our reputation! The work of a divorce lawyer is under constant control by management and the quality service!
When is divorce prohibited, and what to do if one of the spouses is against divorce?
The spouse does not have the right to file for divorce if the woman is pregnant or the joint child is not yet 1 year old. In all other cases, termination of family legal relations is permissible, even if one of the spouses is against it.
If a husband or wife does not want to get a divorce, but the second spouse insists, it will be possible to achieve termination of family legal relations only through the court. The situation will be studied in detail and then a decision will be made. Usually the judge gives the spouses time to reconcile. The period is up to 3 months. A rehearing will then be held, during which a final decision will be made.
If an application for divorce has already been filed, but the parties have reconciled, the document can be withdrawn. To do this, it is enough to contact the authorized body and write a second application.
If you do not know how to draw up a document yourself, seek help from a divorce lawyer in Moscow. A specialist will help prepare all the papers and represent your interests before the authorized body.
How to get legal advice?
Any legal assistance can be ordered in the following ways:
- By phone . Contact a lawyer by phone +7 (495) 771-5041 (for Moscow and the Moscow region).
- By email . Get advice by email (from the CONTACTS section).
- Reception at the office . Free consultations are held in the office by appointment.
- Online service on the website . Leave a request for a call back. The lawyer will call you back within one business day.
Please note: the initial consultation with a lawyer, as well as the initial analysis of the case materials, are free of charge.
Amount of state duty and terms of divorce in Moscow
If you are getting a divorce through the Moscow Civil Registry Office, each spouse is required to pay 650 rubles. The state duty can be reduced to 350 rubles if there are preferential grounds for terminating family legal relations - deprivation of legal capacity, imprisonment for 3 or more years, disappearance.
If the marriage is dissolved through the court, you need to pay a state fee of 600 rubles. When the claim reflects property claims, the amount is calculated depending on their size in monetary terms.
The marriage is considered dissolved from the moment the corresponding entry is made in the civil registration book, if the parties divorced through the registry office. When the divorce is formalized by the court, the period is calculated from the date of entry into force of the relevant decision.
To obtain a certificate confirming the termination of family legal relations, you must contact the registry office by preparing an application. The document will be prepared and provided within a month.
How much does a written consultation cost?
Before any civil action, you should consult with lawyers. The initial analysis of the situation and documents is carried out free of charge . However, written opinions from lawyers are drawn up on a fee basis. The cost of services can be found out by making a request by phone, email or online service on the website.
Our center provides several options for ordering the services of divorce lawyers:
- Make an appointment at the office. At the reception, the lawyer will study the documents, conduct an initial legal consultation, and offer options for solving the problem.
- Leave an online application on the website. A divorce specialist will respond within one business day. Consultation with a lawyer, drawing up a statement of claim, filing a claim in court, and participation of a lawyer in a court hearing can be ordered without coming to the office (remotely), saving time and money.
Basic rules for divorce in Moscow
Initially, you need to decide which authority you need to contact. If the divorce is filed through the registry office, the procedure is simplified. However, the following conditions must be met:
- A complete package of documents has been prepared;
- Both spouses want to end the family relationship;
- There are no joint minor children.
Additionally, you can contact the registry office if your spouse has been declared incompetent, has gone missing, or has been sentenced to 3 or more years. In all other cases, it is necessary to submit an application to the court. Cases relating to divorce can be considered by a magistrate or district court.
The magistrate court considers the case if there are no disputes. You can draw up an agreement about children, independently determining the order of communication with them. The court will approve the finished document and give it legal force.
If an agreement cannot be reached, the district court will hear the case. He studies the specifics of the situation, takes into account the interests of the parties and makes final decisions. The verdict can be appealed by appealing to the appellate authority.