How to get a divorce through court? Step-by-step instructions, legal advice, nuances of divorce with children

When it becomes clear that the marriage is broken and divorce is the only way out, you have to deal with previously unfamiliar problems and procedures. It’s good if spouses come to this step together and want the same thing. However, in more than half of the cases, one of the parties becomes the initiator of the process, and the other tries in every possible way to obstruct the case. This can develop into a real war and ruin the lives of not only people living in marriage, but also those around them.

It is important to survive this unpleasant period, pursuing the main goal - to get out of the situation with minimal moral and property losses. This is impossible without clear, detailed guidance.

At first glance, the whole process looks complicated and confusing. Everyone has their own opinion, vision of resolving the issue, the desire to punish the culprit in any way, their own understanding of justice. But, if you take away the emotions, all you will do during the period of divorce is:

1. Prepare documents. You need to receive a paper confirming that from a certain date you are no longer a family and do not owe each other anything.
2. Share property that you have earned together. You will look for a solution to how much and what everyone will get.
3. Determine the conditions for the future life of a minor child or children. Who they stay with, what kind of alimony they are entitled to, how they will communicate with both of you.

What the Law Says

The law regulates all the details of relations in the divorce process. The necessary legislative norms are contained in the Civil and Family Code of the Russian Federation and in No. 143-FZ “On Acts of Civil Status” dated November 20, 1997.

According to legislative acts, the procedure for dissolving a marriage union is chosen by the spouses. In this case, the corresponding articles of the named documents come into effect. The following divorce schemes are used:

• Simplified - Article 33 of Federal Law 143;
• Standard – Article 34;
• With the involvement of judicial authorities - Article 35.

The Divorce Law, as Federal Law No. 143 is often called, contains data on the procedure and the official cost of the process. The latest changes were made to this act in 2021. The amounts of state duty for different divorce schemes were introduced.

These amendments made it possible to consider cases of divorce with foreign citizens in court. Now claims can be filed even when both spouses do not live in Russia. The procedure is carried out on the basis of Russian legislation.

The law contains a description of the possibilities for prompt resolution of all divorce issues and identifies controversial situations that require resolution in the courts.

This article contains references to the relevant articles of current legal acts that normalize civil and family interaction.

If you have common children under 3 years of age

There is a well-known fairly widespread opinion that it is impossible to file for divorce until the common children are 3 years old without the consent of the other parent. However, it is erroneous, because in this case the judicial organization can make the following final decisions:

• provide a conciliation period of no more than one month;
• completely refuse the claim when the documents were completed incorrectly or the plaintiff violated legal requirements;
• completely refuse the divorce process when the wife is pregnant or the joint children are under one year old.

Except for all the listed cases, they will not be able to refuse you a divorce. But it is important to take into account that according to Article 89 of the current Family Code, in the event of a divorce from his wife, if there are common minor children under 3 years of age, the spouse will need to pay alimony for the child and for the spouse.

Ways to carry out the divorce process

There are three options for conducting a divorce procedure, the choice of each depends on the circumstances of a particular case.

Simplified procedure

Suitable for couples who do not have children or whose offspring are already adults. If citizens want to separate, they have nothing to share or they have already agreed on everything and have no material claims against each other.

You need to go together to the registry office where the marriage was registered or where one of you lives, and fill out an application for divorce. After 30 days, in the same office you can receive a divorce certificate with a stamp and officially become citizens free from mutual obligations.

If there is a need to divide property, this can be done in court after the divorce is filed in the registry office. A claim for division can be filed within three years. But, if after six years it becomes known about the secret contributions of the ex-husband, for example, then the statute of limitations will be counted from the moment of this discovery.

As an alternative to the registry office, you can contact the MFC. The algorithm of actions is the same. Another way is to submit an application via the Internet using the unified government services portal. However, this is not possible in all regions. In addition, you will need equipment for electronic signatures and a personal “key”, for which you will have to go to government agencies.

Standard procedure

Applies if you have children, property is subject to division, but the issues are resolved peacefully and an agreement is reached. Then the following is drawn up:

• Agreement on children, filled out in your own hand on paper. You don’t even have to have it certified by notaries. The document must specify who the child lives with, how often and in what places he meets with the other parent, how and to what extent alimony is planned to be paid;
• Agreement on the division of property in writing with notarization. It is also called a “Marriage Agreement” and can be drawn up at any time during the marriage relationship. The document is certified so that it cannot be challenged in the future.

After this, you should register a statement of claim in the magistrate’s court, supporting it with these documents. Moreover, the claim is filed by one participant, the other becomes the defendant. If it is important, you can request that the case be considered without your presence. The court makes a decision within a period of one to four months; if the judge deems it necessary, time will be given for reconciliation.

When the court decision comes into force, you will receive a copy of the document in the court office; on its basis, the registry office will issue you a certificate and put a stamp in your passport.

Divorce procedure through court

Article 21 of the RF IC reflects cases when divorce must take place in court:

• If there are common minor children born or resulting from adoption;
• If the husband or wife refuses to break the marriage bond;
• If one of the parties disagrees, submit a petition or fail to appear at the registry office.

The duration of the process and its outcome depend on the specific circumstances of the case, the behavior and evidentiary position of the parties at this time. After filing a statement of claim, no earlier than a month later, a date and place for a court hearing are set. A summons with relevant information is delivered to both participants.

Possible scenarios for the development of subsequent events require detailed consideration.

How long does a divorce last?

It all depends on the requirements specified in the claim. Most often, the trial is delayed due to disagreements between the spouses regarding the place of residence of the children.

The deadlines for registration in cases without children are standard. A magistrate judge is given a month to consider all the specifics of the case, and a federal judge is given up to two months. In some cases, spouses may be divorced at the first meeting, or three months may be set for reconciliation of the parties if the second spouse does not want to divorce. If a family has no children, but has joint property that is subject to division, the trial can last several months.

The processing time for cases involving children is no different. However, there are nuances when divorcing with children. If the second spouse agrees with the plaintiff’s demand for living conditions and has a fixed salary, the conflict will be resolved in 1-2 meetings. Otherwise, the time frame will increase.

There is no clear answer to the question: how long does a divorce through court last? The minimum period for mutual agreement is 30 days from the date of filing the claim and a month for appeal. Without consent – ​​up to six months.

Do I need to go to the registry office later?

Yes. After the court decision comes into force, you will receive a corresponding notice. The change in status must be recorded by the registry office, and you must be issued a divorce certificate. To do this, you need to provide the following list of documents:

1. Passport.
2. Your copy of the Decree on the termination of marriage, from the moment it entered into force.
3. Receipt for payment of state duty.
4. Power of attorney if documents are submitted by a representative.

If documents are transmitted online, then an electronic signature will be required to enter the State Services website. If you plan to personally submit your application to the registry office, choose the branch either at the place of your registration, or where you once signed. The divorce certificate is issued on the same day.

If one of the spouses has already registered documents with the registry office, the second person does not have to come to the registry office.

Options for divorce proceedings

Further events and decisions of family court judges are determined by the actions of the spouses. If:

1. Both sides did not come to the meeting. The court dismisses the case, assuming that they have decided not to divorce.
2. One of the participants did not appear and did not send a representative. The reasons for non-appearance are being clarified. Whatever the reason, the first hearing is postponed for a time determined by the judge. If valid reasons are found, this is taken into account in the duration of the deferment.

A period of one to three months may be set for reaching a truce, if the other party does not agree, there is no violation of children's rights. When the reasons for absence are not valid, the decision can be made in absentia.

1. The plaintiff and defendant came to the courtroom. In this case, the proceedings can take place in several ways:

• The couple agreed on all aspects, there are no property claims, a common decision was made in which the rights of no child were violated. A decision is made to satisfy the claim in one meeting;
• Otherwise, the reasons for the divorce are clarified and, in accordance with clause 2 of Article 22 of the RF IC, a period of up to 90 days is given for reconciliation;
• After the allotted time, if the husband and wife have not reconciled, they sort out all aspects of the relationship relating to children and property. After this, a decision on divorce is made.
• At the request of any party to collect evidence and documentation, the trial may also be postponed.

Resolving the situation in court often occurs with the help of a lawyer. The couple is officially considered divorced only after the claim is fully satisfied. The decision of the judicial authority is sent to the registry office, after ten days the former spouses, providing a copy of it, independently receive their own copies of the divorce certificate.

During these ten days, any of the participants in the trial, if they disagree, can file a new petition.

Completing an application in Form 8 and Form 10

The process of divorce in the registry office begins with filling out an application for divorce in Form 8. The presence of at least one of the parties is mandatory.

The form indicates:

• name of the institution;
• information about spouses and their passport details;
• marriage record number;
• grounds for divorce;
• surnames after divorce.

The parties must sign and indicate the date.

If a couple submits a court decision on divorce, an application in form 10 is drawn up at the registry office. It is allowed to be filled out by one of the former spouses. The main difference from Form 8 is the indication of information about the existing court decision.

Each spouse is required to pay the state for divorce services in the amount of 650 rubles. The procedure for the dissolution of a marriage after filing documents will last 1 month, during which time either party can withdraw the application.

How to file a claim

Civil Code of the Russian Federation in Article 22; 23 and 24 regulate the rights and obligations of participants in the future process during the filing of a claim document. If the spouses live separately, the petition is submitted in the territory of residence of the defendant (Article 28 of the Code of Civil Procedure) or in the place where the couple lives together.

If there is no information about the defendant’s registered address, the plaintiff himself decides the issue of jurisdiction by choosing an authority according to:

• The last place he knows where his opponent lived;
• The address where his property is located;
• Your registration address if the plaintiff is sick or has minor children.

When one of the parties does not agree to a divorce, the second files a petition indicating the reason for its demands. In this case, according to the law, the basis for the claim may be the recognition of the second participant in the proceedings:

• Missing people;
• Guilty of a criminal offense;
• Incapacitated.

The application, a sample of which is provided by the judicial authority, indicates personal data, information about the children, their age, and the grounds for divorce proceedings. If the above grounds are present, an official determination of the judicial chamber is additionally attached.

The following is attached to the statement of claim in the package of documents:

• A copy of the application for the defendant;
• Passports of husband and wife;
• Copy of children's birth certificates;
• Marriage certificate;
• Receipt for payment of state duty.

If necessary, the above documents are added to the main package. In addition, other documentation required by the court may need to be added during the course of the proceedings. For example:

• If you are applying for alimony, information about the income of the spouses;
• On the division of property - its inventory;
• Miscellaneous motions and petitions of the plaintiff.

Is it possible to send a divorce application by mail?

At the registry office

In Russian practice, people get divorced administratively or judicially. Accordingly, the Family Code includes civil registry offices and the court among the bodies whose jurisdiction includes divorces.

It is easier to terminate a marriage relationship through the civil registry office, but you can only go there in these situations:

Expert opinion

Egorov Stepan Stanislavovich

Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.

The last two points presuppose that the plaintiff has a corresponding court order or verdict. It is not possible to send an application to the registry office by mail.

Documents are submitted either at the place of marriage registration or at the place of residence of one of the spouses; not many of them will be required:

To court

When a couple cannot reach an agreement on controversial issues related to common children or property, they have to get a divorce in court.

A number of other reasons are also required, such as:

• a couple has common children under 18 years of age;
• disagreement of one of the spouses to divorce.

More documents will be required for the trial. In addition to all of the above, you will need a certificate of family composition and birth certificates of all common children.

You can send a statement of claim to the court by mail. The plaintiff has the opportunity to go to the post office and send a statement to the court by registered mail with return receipt requested.

To eliminate the risk of losing documents, it is recommended to make an inventory of the attachment - this is a legally significant description of the contents of the letter. In general, the process is started by the plaintiff filing an application at the defendant’s place of residence.

There are exceptions: if the plaintiff’s health is poor or a small child lives with him, it is allowed to go to court at the place of residence of the initiator of the process. Initially, the claim goes to the office, where it is assigned an incoming registration number and the date of receipt is noted.

Later, at the court hearing, a decision is made, which takes effect after 1 month. The court may give the couple 1-3 months to reconcile. At the end, the participants in the process receive copies of the resolution and go with them to the registry office to obtain a divorce document.

According to generally accepted rules, divorce cases are sent to justices of the peace. If the process concerns the issue of determining the place of residence of common children, the case ends up in the district court.

Right to Divorce Litigation and Exceptions

The following have the right to initiate the process unilaterally:

1. Any of the spouses.
2. Guardian of any member of a married couple if he is found incompetent.
3. A prosecutor acting as a plaintiff on behalf of an incapacitated or disappeared spouse. The Law “On the Prosecutor's Office” provides for the possibility of participation of a representative of the prosecutor's office as a plaintiff in a civil case.

A husband cannot register a claim document without the consent of his pregnant wife or if a year has not yet passed after the birth. It is important that this exception applies even if the child was stillborn or died before one year (Article 17 of the Family Code). These restrictions are introduced to protect the interests of the mother and child.

What documents will be needed

The set of documents depends on the method of submission - alone or together. When submitted jointly, the following are provided:

• passports for each half;
• general statement;
• marriage certificate;
• check with payment of duty.

The certificate will be returned to the spouses after the dissolution of the union is noted. If they cannot provide it because they have lost it or it is damaged, then they need to take a second certificate and provide it with a set of documents. When submitting a joint online application, the electronic signature of the husband and wife will be required.

What is provided when filing a single application for divorce (the condition must be met that the spouse is missing, incapacitated or imprisoned):

• Passport.
• Marriage certificate.
• Statement.
• A photocopy of the recognition of the spouse as incompetent or disappeared, sentenced to prison.
• A check with payment of tax for the provision of services.

If an applicant is worried that they will submit the application incorrectly, it is worth contacting a lawyer. He will tell you what to include in the reasons for divorce so that the terms do not drag on (divorce if your partner protests).

Jurisdiction of family matters. Who to contact

Federal and magistrate judges differ in their level of competence and peculiarities of the conditions for conducting the process. They have different status. Federal judicial officers are more competent.

When going to court, you should be guided by the complexity of the upcoming case and the degree of preparedness of the judges. If there are no unresolved disputes between you about property and children, you will be quite satisfied with the magistrate. If there is no agreement, it is necessary to apply to the district court, where civil cases are heard by federal judges (Article 23; 24 of the Code of Civil Procedure).

Spouses have the right to change the territorial jurisdiction of their case by mutual agreement. This is stated in Art. 32 Code of Civil Procedure. Even before the case is accepted for proceedings in court, contractual jurisdiction is allowed. The agreement reached and information about the place that the parties have chosen for their divorce case is drawn up in writing and submitted to the court.

Refusal of application

The application will not be accepted if it is submitted by a man and the wife is pregnant or has a child under one year old. According to the law, the court does not have the right to end a marriage because the woman is in a vulnerable position. Even if there are good reasons for divorce, the man will have to wait.

If a man is not the father of the unborn child, he still cannot officially separate. There are no articles in the Family Code that would stipulate that the father must be the official husband. If a baby is born within 300 days after the dissolution of the union, the ex-husband will still be considered the father.

There are other reasons for refusing to accept an application:

1. The application contains errors, incorrect information or insufficient information.
2. The person did not submit a complete set of documents.
3. The marriage was declared fictitious.

If there are any errors and the application was submitted online, then its status will change in the State Services system and the reason for the refusal will be indicated.

The registry office will refuse to accept the application if the partners have common children under 18 years of age or if the spouse does not agree to divorce. Then the conflict will have to be resolved through court.

You will not be able to submit an application online if you do not have an account with State Services or if it does not have verification (identity confirmation). Verification is carried out through a personal visit to the place of residence along with a passport and SNILS. First you need to register on the website and fill out your passport information in the form.

After registration, you can confirm your identity by requesting a password. It will be sent by letter by Russian Post, but you will have to wait two weeks for the code.

Motivation and evidence

The motives that prompted the parties to resort to organizing divorce proceedings are not reflected in the legislation. Often, alcohol or drug addiction, adultery, gambling addiction, sexual dissatisfaction, discrepancies in financial and life matters, and violation of clauses of the marriage contract are cited as reasons for initiating the procedure.

According to Article 22 of the Family Code, during judicial proceedings, divorce is recognized as possible only after it is finally established that the family has fallen apart and the continued existence of the plaintiff and defendant together is impossible.

Usually the plaintiff sets out in detail the motives that led him to such a decision, explains the reasons for the collapse of the marriage and why it cannot be revived. In order for the study of materials to lead to the desired result, it is necessary to obtain evidence. It can be:

• Witnesses confirming the facts. The plaintiff files a petition to invite them to the meeting;
• Documents attached to the case.

Divorce proceedings always end in divorce. The only question is when. And how many visits to the institution will be required for this.

What to do after sending documents

After submitting online, you will receive a notification that the application has been successfully accepted and production is expected. When the application is accepted, the judge will have 5 days to start legal proceedings.

Within 3 days, the ex-spouse will be sent a letter notifying him if the wife or husband breaks off the marriage unilaterally. If he does not pick up the letter at the post office, then the spouse is considered to have been notified. The marriage is annulled.

Expert opinion

Egorov Stepan Stanislavovich

Legal consultant with 7 years of experience. Specialization: civil law. More than 3 years of experience in document examination.

After sending, you need to wait for the court's decision on the case and the hearing date. On the day of the meeting, you will only have to come to the department to continue the process.

Deadlines for filing a divorce. What influences them

It takes at least one month and 11 days to legally complete the procedure. Earlier entry into force of the resolution is illegal.

The average duration is from one and a half months in the case when the couple is ready to carry out everything quickly. If one does not agree, the matter takes from one and a half to three months, sometimes more.

On average, one meeting is enough for all formalities, ideally, and from 2 to 4 if one of the couple does not agree.

Understanding the impatience of some citizens, we note that legal acts contain time frames that must be observed. The timing of a divorce is influenced by:

• The Family Code, which states that a meeting can be held no earlier than one month from the date of registration of the claim document;
• The Code of Civil Procedure of the Russian Federation, according to which time is given to appeal the adopted decision;
• The need to correct errors and typos;
• Failure of any party to perform required actions;
• Increased workload of court workers, slow postal service;
• Possible complaints about violations of the law in the actions of the court. If such a document is submitted by one of the participants, this delays the review process for two months.

These factors should be taken into account when starting the process and be prepared for possible surprises.

Grounds for application

You can end a marriage without your spouse’s approval, regardless of whether you have small children together or not. The state can annul a marriage in situations:

1. The husband has been declared missing.
2. Incapacitated.
3. The spouse was sentenced to 3 or more years to serve the sentence in prison.
4. No children under 18 years of age.
5. Both want to break up.

When filing an application for divorce, the first party is provided with a column indicating the reasons for dissolution of the marriage. The plaintiff has the right to ignore and not enter anything, but the judge may ask what is the matter. If the judge considers that the marriage can be restored, he will allocate a period of 1 to 3 months for reconciliation, scheduling an additional meeting.

The term is not granted if the judge believes that the reason for divorce is compelling: the spouse constantly cheats, goes on alcohol sprees and uses violence, has a bad influence on children, loses money and takes on a lot of debt.

A marriage is dissolved if one of the couple was forced to register the union, if the partner did not warn about the presence of HIV, AIDS or sexually transmitted diseases. A marriage is invalid if a close relationship is discovered, if there is already a marriage and if this fact is concealed.

Cost of state fees for divorce

At the beginning of 2021, according to Article 333.9, clause 5 of the Tax Code of the Russian Federation, the state duty is 650 rubles. The same cost is enshrined in the Law “On Divorce”. Both participants in the process must pay this amount in order for their claim document to be accepted.

The legislation specifically stipulates that:

• 650 rubles are paid by couples undergoing a simplified procedure;
• 650 rubles are paid by spouses whose case is being considered in court;
• 350 rubles will have to be paid if one of the couple acquires the status of incapacity, etc.

There are also cases where the court can increase the cost of divorce. This amount includes the cost of services for registration and issuance of a divorce certificate to you at the end of the procedure.

The significant difference in the costs of marriage and its dissolution is explained by the state’s desire to preserve family relationships. An example of excesses in achieving the set goals is the initiative to increase the state duty to 30,000 rubles five years ago. A group of State Duma deputies proposed demanding such an amount from each spouse, justifying this by the fact that this would increase the birth rate and increase the responsibility of citizens when making a decision about marriage.

Such a proposal deprived many citizens of the opportunity to get a divorce, infringed on their rights and violated several laws of the Russian Federation. In addition, such conversations frightened the majority of our compatriots, many of whom did not want to get married at all.

Fortunately, this initiative was not reflected in reality and such a norm does not exist in laws today.

When is it necessary to go to the Magistrates' Court?

Dissolution of marital relations with the help of these bodies can occur exclusively with the mutual consent of the spouses (parents of the child), that is, when they managed to independently peacefully agree on all issues that are directly related to the division of jointly acquired property, if the total value is no more than 50,000 rub. But it is possible to submit a completed application and receive a positive response, even when one of the spouses does not give their consent.

In these cases, the court determines which of the spouses the joint child will ultimately live with, who exactly will pay alimony and how in the future. Alimony can be paid either as a percentage of the payer’s income or as a fixed amount (see → how and where to apply for child support). The amount of alimony depends on the number of children, the payer’s income, financial situation, etc. The maximum amount of alimony established by the court is 70% of the payer’s income. First of all, in such cases, the direct interests of the minor child are always taken into account.

Practical experience and legal advice

When a person inexperienced in the intricacies of jurisprudence is faced with the judicial system and the need to go through the difficulties of divorce, he gets lost and makes mistakes that can be costly. Understanding the wording, names of documents, and awareness of your own rights will help you not to panic at the right time and defend your own interests.

Here are some tips for some situations based on experience and human logic.

The husband does not want to get a divorce and says that he will not give a divorce

It absolutely does not follow from this that there is no way out, and you will have to come to terms with your situation. A marriage union is based on the voluntary participation of both parties in it. Calmly file a claim in the magistrate’s court, constantly go to meetings or send your representative there. You can seek the help of a lawyer, which will speed up and simplify the procedure.

The judicial body has the right to make a decision without the physical presence of the defendant in the event that he maliciously ignores participation in the process.

It is much more dangerous when the husband attends the meetings, prepares for them and puts forward his counterarguments in challenging your rights to property, children, and alimony. Here the magistrate may be powerless; you will be forced to transfer the hearing to the district court. Since the competence of the magistrate's court does not extend to the division of property worth more than 50,000 rubles and decisions about the fate of the child.

At this stage, a lawyer is needed even more, because such a development of the situation will require much more nerves, time and money.

Wife does not agree to divorce

There is no point in prolonging the situation. You can force him to abandon the divorce process in case of pregnancy or before the child reaches the age of 1 year. Then he will achieve his goal anyway. You will be left with a damaged nervous system and completely destroyed relationships.

It is even more thoughtless to manipulate a husband through children. Forbid them to meet, turn them against their father. The desire to punish your husband by isolating him from the children can cost everyone too much. Russian courts almost always rule in favor of the mother. But think about what will happen after your victory today.

You may have to change your place of residence, take your kids away from their usual environment and get used to a new place with them. Isn’t it easier to share the burden of responsibility between two people, rather than carrying this burden alone?

Wasting time, getting bogged down in useless haggling for every fork and chair is tiresome and futile. This will happen against your wishes. And then you will have to go through the courts for a long time and, in the end, lose much more.

How is property divided according to the law?

The Family Code contains norms according to which everything acquired during marriage is divided equally, that is, into two equal parts. However, what is donated, inherited and belongs personally to one of the spouses is not divided.

Do not give up without complaint:

• Jewelry production. Although jewelry is not a personal item and opponents will insist on dividing it, if it is given to you, do not give up right away. Find witnesses that they were given to you, show the court the gift engravings, take care of a video confirming the fact. Note the feminine style of the product, because it could not be purchased for a man;
• Property acquired by you for your family, if in order to purchase it you had to sell valuables that are not legally related to common property. Let's say, to buy your husband's car, you sold your grandmother's antique necklace and the fur coat that your dad gave you. Collect evidence and present it in court;
• Property purchased for your children. Servants of the law carefully consider the circumstances of a possible violation of the interests and rights of a child. Children's property cannot be divided. Therefore, no one can take away and divide a laptop, tablet, bank accounts, parts of real estate registered in the name of children;
• All household appliances in the house if the children stay with you. It is vital for organizing a healthy environment in the home so that his children can also live and study in peace;
• A car, because children need to be transported to schools, kindergartens, classes, around the city, so as not to disrupt their usual way of life.

Remember, at this moment you are deciding what not only your life will be, but also the life of your children. Therefore, discard thoughts of pride, independence and nobility, this is for the admiring sighs of strangers who will talk about it for a short time. And then the time will come to survive and bear responsibility alone. Since there is war, then you need to act according to the laws of war; lawyers will find ways to divide property with an advantage for you.

Third parties interested in property

It is especially difficult when third parties take part in the resolution of property disputes, claiming rights to the family’s joint property during division. These could be banks, creditors, co-owners of this very family belongings. They have the right to challenge the agreements you have reached if they feel that their interests are not being respected.

For example, your home is the collateral of a mortgage agreement. Who will pay the mortgage after you split? Banks almost never agree to split a loan and end up with two debtors instead of the one with whom the agreement was signed. In such a situation, the court has no choice but to recognize your debt as common and indivisible. This means that if the defendant disappears, collection companies will make the plaintiff’s life a living hell. It's easier after all.

However, there is no need to panic. A competent lawyer, empowered to represent your interests in court, will be able to recover losses caused by loans taken for family needs. Such precedents are not uncommon.

Appeal to the district court

If parents of common or jointly adopted minor children were unable to come to a decision satisfying both parties regarding the division of property in excess of 50 thousand rubles, and also decide with whom their child will live, then the District Court will issue a verdict. If a marriage contract has not been drawn up, which specifies the conditions for dividing property after divorce, then jointly acquired property is divided in a 50/50 ratio. When dividing large, difficult-to-divide property, property rights are transferred to one of the spouses, and the second is paid monetary compensation in the amount of his share. To do this, property is assessed by independent experts (see → how to evaluate property during a divorce). Read in more detail how to divide a donated apartment after a divorce | mortgage | loans | automobile.

It is worth noting that if one of the partners opposes the divorce or there is no clear firmness of intentions of the spouses to dissolve the marriage, then the judicial authority has the right to use the period for the possibility of reconciliation. This opportunity is often used when a claim is made by one of the spouses who has minor children, without the consent of the other parent.

Why is the moment of ending a marriage important?

Spouses, like all citizens, need to protect their rights and interests under the law. To ensure this condition, it is important to record the moment when the union ceases to operate. Its definition is contained in Article 25 of the UK.

If the divorce process was carried out by employees of the registry office, such a marriage is terminated on the day when an entry about this fact was made in the civil register.

Judicial divorce means the end of a marriage on the day the court decision comes into force. The law has a very important clause that former spouses do not have the right to enter into a new marriage until they have received a certificate of divorce from the registry office, that is, until the state registration of this document.

The consequences of divorce affect future legal relationships. As a result of completing the procedure, your personal and property relations are terminated; some rights and obligations specified in legal acts remain:

• The ex-wife can leave her husband’s surname unchanged (clause 3 of Article 32 of the Family Code) without asking his consent;
• Under special circumstances, one of the couple may receive funds (alimony) from the other for his maintenance (Article 90 of the Family Code);
• The legal relationship between parents and children does not end with the termination of a marriage.

Divorce from a foreigner

How does a divorce through court occur if the spouse is a citizen of another state or has no citizenship, but lives in the territory of another country? Also. You can file a claim in Russia or at the location of the defendant.

If the spouse has foreign citizenship but lives in the Russian Federation, the documents are submitted to the Russian court.

The divorce procedure is similar. The only difference is that documents in a foreign language must be legalized and translated into Russian, unless otherwise provided by law.

Remember, divorce through a court in another country will be carried out according to the law of that state. If the legal norms do not contradict Russian ones, the divorce will be valid in the Russian Federation. All you have to do is legalize the documents in order to use them in the future on the territory of the Russian Federation. For this purpose, an apostille is issued or consular legalization is carried out.

Divorce and children

The presence of minor children among spouses significantly complicates the divorce process, because in this case the issue of the principles of joint custody of the child will be acute. Who will the baby live with, how will each parent participate in his upbringing, how will financial responsibility be distributed between the ex-husband and wife?

The best outcome in this difficult situation will be a divorce through a magistrates' court - in this case, the parent who was determined by mutual consent of the parties will remain with the children.

But such a step becomes possible only if the spouses manage to agree on all key issues relating to common children, as well as property and non-property interests. Otherwise, you will have to seek help from a regular district/city court, which will study the materials and make its own decision regarding the satisfaction of the claims of the parties to the dispute.

Thus, if a divorce through the court without children is not always necessary, then in cases where spouses have a common child, it will definitely not be possible to separate without involving the court.

It is also important to remember that the answer to the question of where exactly you will have to file your application also depends on the size of your financial claims against each other. In this regard, some cases will be subject to the jurisdiction of the magistrate's court, while others will be subject to higher jurisdiction.

Find out more about the specifics of divorce if you have minor children.

Payment of state duty

Like most legal procedures, registration and divorce require payment to be transferred to the state budget. In this way, you will be able to reimburse the services for preparing new documentation and making adjustments to the old one. Payment of the fee is required regardless of the authority through which you will carry out the divorce process. Please note that without a receipt confirming the fact of the money transfer, your application will not be accepted or considered.

Find out about the amount of state fees for divorce.

Annulment of marriage through the registry office

The key stages of the divorce process in this instance are similar to the procedure for breaking off relations through the court. In the same way, you will have to write an application, prepare a package of documents, submit it and wait for a response. True, in this case, the parties will be able to avoid both long waits (the decision will be made within a month) and labor-intensive, complex in all respects, proceedings on conflict issues.

Find out in more detail when divorce is possible and how it happens through the registry office.

What happens if the spouse does not show up for the meeting?

On the appointed day, the spouses are required to appear at the meeting. If one of them does not come, then divorce is possible without a husband or wife. The following conditions must be met for the court to approve a divorce application:

• the ex-husband asks the institution to consider the case without him;
• in the absence of a petition, the official may divorce the spouses if he notifies the absent party about this.

If the spouse planned to come to the hearing, but cannot, then he has the right to ask to postpone the hearing. The court will not be able to make a final decision, but will shift the deadlines and notify the spouses of new hearings.

Administrative penalties and fines for missing hearings are not provided for by law.

Sample statement of claim for divorce if the spouse refuses to appear at the registry office:

How can you shorten the divorce process?

It is possible to reduce the total time of the divorce process. To do this, you need to take several preventive actions:

• First, contact experienced lawyers who can help correctly formulate the plaintiff’s demands. During the trial, the judge will not suggest anything to anyone; as a result, he will grant or deny satisfaction;
• collect the necessary complete package of documents. Indeed, if one of the documents is missing, the divorce process will be postponed, and the postponement period is usually 1-3 months;
• try to resolve all issues peacefully among themselves before the trial, and also reach a joint agreement. Each objection of the spouse during the trial, which requires proof, also increases the term of the divorce.

In the end, I would like to say that all citizens of our country are still “lucky” with the time of divorce; for example, in Italy, the minimum time for the divorce process is 5 years.