Divorce from a spouse living in another city

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When one of the parties does not want to get a divorce, the only way to do this is to file a claim in court in Belgorod (Western district). At the same time, the legislator allows for a number of situations when you can get a divorce without trial:

• the spouse is considered missing, there is a court decision declaring him dead;
• one of the spouses is incapacitated;
• The husband/wife is in prison under an article of the Criminal Code of the Russian Federation with imprisonment for a term of more than three years.

If such circumstances exist, the citizen applies to the registry office in Belgorod (Western district), where the marriage was registered, with an application for divorce, accompanied by supporting documents (court decision, death certificate, other official papers).

How to draw up a marriage contract - in Belgorod (Western district) in 2021

Divorce from a spouse living in another city

Article on the topic: Divorce

The law provides for divorce in the registry office and through the courts.
If the spouses have minor children or one of them refuses to divorce, or agrees to the divorce in words, but avoids visiting the registry office, divorce is possible only through the court. But what if the husband and wife live in different cities?

Which court should the initiator of the termination of the marital relationship apply to?

Divorce through the court involves a procedural situation where one of the spouses is the plaintiff and the other is the defendant.
The plaintiff is the initiator of the divorce. According to the general rules on the jurisdiction of civil cases, a statement of claim for divorce is filed with the court at the place of residence of the defendant (Article 28 of the Civil Procedure Code of the Russian Federation). A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought to court at the location of his property or at his last known place of residence in the Russian Federation.
Claims for divorce can also be brought to the court at the place of residence of the plaintiff in cases where there is a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the defendant’s place of residence.

All these cases are listed in Article 29 of the Civil Procedure Code of the Russian Federation. The same article also states that claims for the collection of alimony and for establishing paternity can also be brought by the plaintiff to the court at his place of residence. Article 29 itself is called “Forum at the choice of the plaintiff.”

Provided that there is no dispute between the spouses regarding the children, the divorce case is heard by a magistrate. According to clause 2, part 1 of Art. 23 of the Code of Civil Procedure of the Russian Federation, the magistrate's court is considered the court of first instance. The magistrate’s court also considers cases of divorce and division of jointly acquired property, if its value does not exceed 50 thousand rubles.

Provided that there is no dispute between the spouses regarding the children, the divorce case is heard by a magistrate. According to paragraph 2 of Art. 23 of the Code of Civil Procedure of the Russian Federation, the magistrate's court is considered the court of first instance. In other cases, claims for divorce are considered by the district court (Article 24 of the Code of Civil Procedure of the Russian Federation). An experienced family law specialist will help you advise you on all issues of the divorce process in court, draw up a statement of claim for divorce and division of property, taking into account your interests and the interests of your child. If you and your spouse live in different cities, you may want to get a divorce without going to court. Here, too, you cannot do without the help of a civil lawyer, who can become your legal representative in court.

Thus, if spouses live in different cities, a claim for divorce can be filed both at the place of residence of the plaintiff, taking into account the above circumstances, and at the place of residence of the defendant.

Other articles on the topic: Divorce

Western Civil Registry Office

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Divorce procedure at the registry office

Dear readers!
Our articles talk about typical ways to solve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free! After the application for divorce has been drawn up, you need to decide where it is best to file it. From this article you will learn what features and innovations were made in 2021.

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If you are on the verge of divorce, you are faced with many different questions. At the first stage, you need to decide whether you will submit an application to the registry office or to the court. Everything is quite simple here. You need to go to the registry office if there are no children under 18 years of age and there are no disputes about divorce. Don't forget to fill out an application first.

When all the documents have been prepared, it is time to determine which registry office the application should be submitted to.

The best option would be to contact the registry office where you registered your marriage. All the documents about your couple are already there, so no problems will arise.

Now imagine that one or both spouses moved to another city. In this case, you need to contact the registry office at your place of residence.

In 2021, an application for divorce can be submitted to the registry office if there are no children and property disputes. In all other cases, you need to write an application to the magistrate’s court at the defendant’s place of residence. Please attach to your application: a copy of your passport, a copy of your marriage certificate and a receipt for payment of the state fee. If the divorce takes place in the registry office, then each spouse must pay 650 rubles. If a claim is filed in the magistrate's court, then the plaintiff pays a state fee of 600 rubles.

The period for consideration of your application at the registry office will be only 30 days. During this time, you can change your mind and pick up your documents. If after 30 days you are also determined, come to the registry office and receive a divorce certificate.

If you live in Moscow, use the Moscow registry office website to find out the address of the desired registry office.

Judicial precinct of the magistrate No. 3 - Belgorod

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The procedure for communicating with a child during a divorce - a procedure in Belgorod (Western district) in 2021

Divorce by mutual consent in the courts

According to Art. If there are minor children, the IC of the Russian Federation conducts divorce through the court by mutual consent. To quickly carry out the event, an agreement on children can be drawn up between parents, which covers the following aspects:

• holding meetings with the child of the parent who will live separately;
• what financial assistance is planned to be provided to the child;
• with whom do the children stay?
• procedure for offspring leaving the state.

Each parent has one version of the agreement.

The application is submitted at the defendant’s place of residence. If he is in another city, then he can be sent by mail.

It would be advisable to collect the following additional papers:

• consent of the second spouse to divorce;
• agreement on children (if drawn up);
• duty payment receipt;
• certificate of income (if the issue of alimony is raised).

The application for divorce by mutual consent through the court states:

• Full name of husband and wife and place of residence;
• the reasons that prompted such a step;
• number of children together;
• name of the body to which the documents are submitted;
• address and date of marriage registration.

A list of attached documents and a receipt for payment of the required amount to the state budget are also indicated. Today the size is about 600 rubles. The plaintiff pays.

Read also: Registration of marriage with a foreign citizen in Russia

Judicial precinct of the magistrate No. 4 - Belgorod

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Judicial precinct of the magistrate No. 5 - Belgorod

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Divorce procedure through the registry office without children

Registration of a divorce through the registry office occurs if the documents required for divorce in the registry office are available. The procedure for divorce through the registry office without children, the procedure for dissolution of marriage, provides for the parties to provide the documents necessary to carry out the procedure.

First of all, spouses submit an application for divorce and other documents for divorce to the registry office. The form for this application was approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1274. It must be filled out when a divorce is carried out through the registry office.

In addition, the parties, in order to complete the divorce through the registry office, submit documents for divorce to the registry office:

• passport;
• Marriage certificate;
• certificate of payment of state duty;
• court decisions concerning husband or wife.

This is how a divorce without children and property takes place through the registry office.

Oktyabrsky District Court - Belgorod

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How to draw up a marriage contract - in Belgorod (Western district) in 2021

Sverdlovsk District Court - Belgorod

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Judicial district of the magistrate No. 1 - Belgorod

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The procedure for communicating with a child during a divorce - a procedure in Belgorod (Western district) in 2021

Registration procedure

The procedure for divorce by mutual consent lasts about a month.
You need to start by submitting an application. To do this, it is advisable to clarify in advance the days and times of reception at the registry office and agree on the possibility of visiting the organization together with your partner. After this, you will only need to wait for the final decision.

The whole event takes place in the following sequence:

1. Filling out a written request to break family ties. Application No. 8 for divorce by mutual consent or No. 9, if drawn up unilaterally;
2. Payment of appropriate fees for services to the state budget;
3. After thirty days, go to the civil registration authorities to obtain certificates.

The last visit can be done one at a time. After all, everyone will be given their own documents.

Where to contact

The law of the Russian Federation provides for different ways to coordinate the place and time of filing papers. After the final decision is made, citizens can use the following options:

• register on the state service portal;
• through the multifunctional center.

This will help you choose:

• the required registry office department - depending on the registration of citizens or the place of the previous marriage;
• date - the schedule in each branch is individual.

When formalizing the breakup of a family unilaterally, it is necessary to notify the other half in writing. One month is allotted for this. If a citizen is declared incompetent, his guardian or guardianship authorities are notified.

Note! If both spouses are absent from the registry office at the appointed time, the meeting will be postponed.

Required documents

Since divorce through state registration authorities involves a simplified system, you will need to provide very few papers:

• a written request (form No. 8) reflecting the wishes of the partners;
• identification documents;
• Marriage certificate;
• receipt of payment of contributions.

Read also: Autobiography for guardianship

We submit an application to the registry office

Both parties are required to complete the documents themselves.
The right side is designed by the wife, and the left by the husband. The following data is indicated:

• Date and place of birth;
• place of residence;
• passport details;
• last name, first name and patronymic of the applicant;
• citizenship or nationality;
• number of the marriage registration certificate.

If, after a divorce, citizens wish to change their surname, this must be indicated. At the end a signature is affixed.

Sample applications

The text of the application is placed on one side of the sheet.

Judicial precinct of the magistrate No. 2 - Belgorod

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Judicial precinct of the magistrate No. 3 - Belgorod

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Judicial precinct of the magistrate No. 4 - Belgorod

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The procedure for communicating with a child during a divorce - a procedure in Belgorod (Western district) in 2021

Conditions for dissolving family ties

This method of ending family relationships is the simplest and least painful.
You don’t have to tell others about your problems and what is happening between citizens. The legislation does not even provide for stating the reason in a written appeal. The temporary period takes about one month. However, to use this method, the following conditions must be met:

• making a decision by mutual consent;
• there are no children under 18 years of age in the family;
• There are no disagreements on property and financial issues.

Important! The main condition is the full consent of both parties.

Divorce with children

If both spouses decide to end their cohabitation and they have minor sons or daughters together, then the question of who they will stay with will be decided in court.
Read also: Alimony for children from different marriages

The exception is those offspring who were born in another marriage. In this case, the children remain with their natural parents.

If the children are over eighteen years old, then the divorce is carried out at the registry office by mutual consent.

The law provides for the case when sixteen-year-old children are given the status of emancipated citizens. Then they are considered an adult, and the procedure for dissolving marriage ties is simplified.

If there are no children, the issue is resolved exclusively through the state registration authorities.

There are no mutual claims

Provided that the former spouses have resolved financial and property issues peacefully, then in this case only the divorce process is documented.

There will be no division of real estate or solution to the problem of who the children stay with. To clarify such claims, it is worth contacting the courts.

Unilaterally

Legislative acts permit the absence of one of the participants in the process. This can happen in cases where the husband or wife:

• recognized by the court as missing or passed away - if you have available documents confirming this, one of the spouses can go to court;
• incompetent - the conclusion is made by medical professionals, and the final decision is established by the judicial authorities;
• is in prison - there must be a court order stating that the citizen has been sentenced to more than three years.

Attention! If such reasons exist, the presence of children is not taken into account. The marriage is dissolved through the registry office by mutual consent without the presence of the second spouse.

Judicial precinct of the magistrate No. 5 - Belgorod

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The procedure for divorce in court by consent of the spouses

1. Pay 600 rubles state duty. Grounds – subclause 5 of clause 1 of Art. Art. 333.19 of the Internal Revenue Code.
2. Draw up a claim, describe the disagreements and demands that have arisen. Attach marriage certificate, documents for children, receipt. Evidence to support claims.
3. Register documents in the court office. Do not forget to provide copies of the claim and documents according to the number of persons in your case.
4. Attend court hearings. Justify your position.
5. Wait for the court to decide. The case is considered by the magistrate court for one month, and by the district court for two months. If the wife or husband objects to the divorce, the court may extend the period to three months to give the spouses time to reconcile and save the family.
6. Pay 650 rubles. duties for government registration of marriage termination. Each spouse pays the amount. Grounds – subclause 2 of clause 1 of Art. 333.26 of the Internal Revenue Code.
7. Submit payment receipts, passport, statements, extract from the court decision to the registry office.
8. Obtain a certificate confirming the termination of the family relationship.

If you encounter bureaucratic obstacles when submitting documents, we advise you to entrust representatives with handling the divorce case.

Lawyers from the website “33 Yurista.ru” will file an application for divorce and represent interests in the state. authorities and courts, will help win a dispute over the division of property, and protect the interests of the client in the event of a dispute about children.

Judicial precinct of the magistrate No. 6 - Belgorod

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Judicial precinct of the magistrate No. 7 - Belgorod

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How to draw up a marriage contract - in Belgorod (Western district) in 2021

Judicial precinct of the magistrate No. 8 - Belgorod

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How to file a divorce through the registry office by mutual consent without children and property

In case of any disagreement between the spouses, the divorce is formalized through the court at the place of registration. A lawsuit is filed in court stating that further joint relationships are impossible and must be terminated.

Consideration of a divorce case in court at the registered address of one of the spouses is carried out for two reasons: the plaintiff lives with a child who has not yet turned 18 years old, or is unable to move for health reasons.

When filing applications for divorce at the place of registration, the court gives a delay of 3 months so that the spouses can reconsider their decisions: resolve disputes peacefully or remain married. For example, spouses can enter into an amicable agreement on the payment of alimony. If within a three-month period the decisions of the parties remain unchanged, the court will dissolve the marriage. The property will be divided in accordance with the RF IC.

It is necessary to terminate a relationship in court if the initiative comes from only one of the spouses or the parties have disagreements regarding the division of property. A claim for divorce can be filed at the place of residence (registration) of one of the parties.

If one of the spouses does not agree to a divorce, he can file a response to the statement of claim for divorce.

The application is submitted to the registry office at the defendant’s place of residence. If this address is unknown to the plaintiff, then you should contact the registry office at the defendant’s place of residence, known to the other party, or at the location of the spouse’s real estate.

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The court makes a decision within five days: accept the claim or reject it. If the verdict is positive, the divorce document will be prepared within 30 days. You can receive it at the registry office - in person or through a proxy.

Yes, if the following conditions are met for conducting divorce proceedings through a civil registry office:

1. Mutual agreement has been reached on divorce from the second spouse;
2. There are no joint minor children from a common marriage.

If, after submitting an application to the registry office, the second spouse suddenly decides that he does not agree with the termination of the relationship, which he declares at the institution or simply does not appear for a divorce, the registry office will refuse to dissolve the marriage and this issue will have to be resolved through the court.

Also, in exceptional cases, a marriage can be dissolved at the registry office without meeting the above conditions:

• If the spouse is in prison with a sentence of 3 years or more;
• The husband went missing, which was confirmed by a court decision;
• The spouse was declared incompetent by the court.

In these cases, the registry office will dissolve the marriage without clarifying the position of the spouse and regardless of the presence or absence of children. These facts must be confirmed by documents - relevant court decisions.

Each of us knows that a divorce can be filed in two ways: through the registry office and by going to court. Filing a divorce without a trial is much simpler and, as a rule, even faster.

It is possible to avoid legal proceedings in the following circumstances:

• there is not a single common child in the family under the age of 18;
• the husband and wife not only came to a common agreement regarding divorce, but are also ready to come to the registry office and fill out an application there.
• no property disputes

The existence of disputes between spouses regarding joint property assets has no legal significance for the possibility of dissolving a marriage by mutual consent in the registry office.

Even if a husband and wife have had and continue to have a long-term conflict over the division of property, this does not prevent them from resolving the issue of filing a divorce by going to the registry office to sign the necessary documents. They will have the right to divide property after a divorce at any time through the court, as well as by concluding an out-of-court divorce agreement with a notary.

To quickly obtain a divorce without children and property, the husband and wife must appear in person and write an application to the registry office. General consent and the absence of children in this case will not have legal significance if at least one of the spouses evades the voluntary termination of the marriage without trial.

Important! The legislation does not allow the possibility of forcing an evading party to submit an application to the registry office. Going through the divorce procedure in this instance is a purely voluntary matter, therefore consent must be supported by a specific action - going to the local registry office and signing an application or sending a notarized document to the civil registry office.

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Formally, the Family Code of the Russian Federation allows for the option that one or even both spouses may not be personally present at the registry office. This action can be performed by having a notary certify your signature on the application and sending it by mail. This procedure is not common in practice, since the cost and relative inconvenience of notary services make this process much more difficult than an absentee divorce through the court.

If you encounter any problems related to filing for divorce, you can contact our lawyers for a free online consultation. Write to them right now!

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Divorce with children

As mentioned above, the presence of a minor child in the family automatically excludes the possibility of ending the marriage in the registry office. This is due to the need to protect the rights of children and both parents, since only in court can all the nuances of a child’s future upbringing be established and his place of residence and the procedure for communication with family members determined.

If a husband or wife has minor children from previous marriages, then they will not affect the divorce procedure. The legislator clarifies in the Family Code that we are talking only about the presence of common children.

If a family has no children, divorce by mutual consent through the registry office is not only possible, but will also be much simpler than a judicial procedure. When submitting an application, there is no need to address other aspects of the termination of the relationship between husband and wife (possible alimony obligations, conflict situation with property, etc.).

The Family Code contains three important exceptions regarding the possibility of divorce through the registry office not only without the participation of the second spouse, but also without his consent and even in the presence of common children.

These exceptional circumstances are:

• establishing the fact of incapacity of the husband or wife;
• official recognition of one of them as missing;
• imprisonment for more than three years.

To confirm each of these circumstances, it will be necessary to provide written evidence - a duly certified decision or verdict of the judicial authorities.

In all other cases, divorce without a second spouse is possible only by filing an application with the court.

How long does it take to file a divorce? In paragraph 3 of Art. 19 of the RF IC regulates that registration procedures at the civil registry office cannot last more than one month from the date of filing an application by both spouses (or one of them in the exceptional circumstances mentioned above). This is the fastest way.

This time frame includes not only the actual entry of the divorce into the state register, but also the theoretically possible time limit for reconciliation.

After submitting the documents, the spouses are given a month to possibly cancel the divorce procedure. If the application is not withdrawn, then in exactly one month the marriage will be terminated.

To officially complete the procedure, at least one of the spouses must appear at the registry office on the appointed date. In his presence, the marital relationship will be dissolved and the state registration procedure will be carried out. The civil registry office employee must present the original marriage certificate, which will be marked with a divorce mark. A divorce certificate will be issued in person.

Judicial precinct of the magistrate No. 9 - Belgorod

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