How to file for divorce? Step-by-step instructions from a family law lawyer

Home / Divorces / Divorce procedure: where to start and how the divorce process occurs

The decision to dissolve a marital union is not easy to make. It’s even more difficult to implement your plans correctly. From this article you will learn where to start the divorce procedure, in what order the divorce takes place, and how to get a divorce as quickly, competently and simply as the current circumstances allow.

Where to file for divorce?

The choice of the body authorized to dissolve the marriage depends on the current situation between the spouses and the accompanying circumstances: the desire of the spouses, the presence of children, a property dispute.

State organ	Nature of the situation
MARRIAGE REGISTRY	there are no minor children in the family; the spouses are in favor of carrying out a legal procedure; unilateral order if the spouse: has limited rights or is absent for unknown reasons (court decision); has a conviction with a penalty of imprisonment of more than 3 years; died
Magistrate's Court	presence of children under the age of majority; the price of the property dispute does not exceed 50 thousand rubles; there is no consent of the other party for divorce
District Court	the cost of claims for division of property exceeds 50 thousand rubles; resolving disputes regarding minor children: determining the place of residence; establishing a communication schedule; alimony obligations; challenging paternity

The issuance of a certificate falls within the exclusive competence of the Civil Registry Office, where the parties apply after 30 days from the date of submission of documents to the state. structure.

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Where to file for divorce

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Where to go to get a quick divorce?

Determining the place of divorce does not depend on the personal preferences of the spouses. There are rules that must be followed when choosing where to apply.

MARRIAGE REGISTRY

The registry office accepts applications if:

the couple does not have common minor children, including adopted ones;
both spouses seek to officially break off the relationship;
there is no property dispute.

The RF IC stipulates exceptional cases when one spouse can divorce without the consent of the other, even if there are children. To do this, you will need to provide a court decision according to which the second spouse is declared missing, incompetent, or is in prison for a term of over 3 years.

The process will consist of several stages:

Submitting an application and other necessary documents.
Waiting for the expiration of the one-month period provided for reconciliation.
Obtaining a divorce certificate.

It takes 30 days from filing an application for divorce until the certificate is issued. This is the minimum possible period for divorce. It cannot be shortened and does not depend on how long people were married - one day or several years.

Court

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

The magistrate's court dissolves quickly, a month after the filing of the statement of claim. After the meeting, you will have to wait another 1 month in case one of the spouses changed his mind on some issues and decided to file an appeal (Article 321 of the Code of Civil Procedure of the Russian Federation); only after this the court decision comes into force.

Couples can apply to the magistrate under the following circumstances:

The spouses have common children under 18 years of age, and all questions about their place of residence, upbringing and maintenance are fixed by a settlement agreement or there is an intention to resolve everything peacefully.
The cost of jointly acquired property subject to division does not exceed 50 thousand rubles.
One of the spouses does not appear at the registry office for divorce.

To get a quick divorce in court, you need to contact a lawyer in advance, draw up settlement agreements on property and children, sign them by both parties and notarize them.

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

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

During the proceedings, the judge finds out the reasons for disagreement with the divorce and, if desired, provides a period for reconciliation of the parties of up to 3 months, which will significantly “delay” the process.

Divorce through the registry office

The procedure for filing for divorce at the registry office involves the following sequence of actions:

Visit to the registry office on the reception day.
Payment of the state fee for the provision of services and the issuance of a certificate.
Submitting an application in the prescribed form.
Providing a package of documents.

Each stage is characterized by individual characteristics and requires compliance with the legal order. There are 2 types of review procedures: unilateral and by mutual consent.

Which registry office should I contact?

Spouses who have expressed a desire to dissolve their marriage have the right to contact the Civil Registry Office at the following location:

carrying out registration actions upon marriage;
cohabitation of spouses.

The choice is provided in order to ensure the interests of citizens who have changed their place of registration.

Sample application

Termination of a marriage through the registry office provides for 2 application forms (No. 8, 9), the choice of the necessary one depends on the intention of the spouses.

By consent (form No.

Unilateral order (form No. 9)

name of government agency;
personal data of husband and wife: full name;
about birth;
citizenship;
registration;
passport information;

details of the marriage registration document;
personal signatures of the parties

name of government agency;
personal data of the applicant: full name;
about birth;
citizenship;
registration;
passport information;

details of the marriage registration certificate;
information specified in the court decision;
personal signature of the party

Form No. 8

Application for divorce to the registry office according to form No. 8 - Sample

Consultation on document preparation

Form No. 9

Application for divorce to the registry office according to form No. 9 - Sample

Consultation on document preparation

If it is not possible to be present when submitting the application, the spouse has the right to issue a power of attorney in the name of the representative. The document requires notarization.

In case of a unilateral divorce, the second party, absent for objective reasons, must be notified within 3 days:

in a penitentiary institution - notification by mail or telephone call;
incapacitated person - notification of the guardian;
missing person - the administrator of the property, the guardianship and trusteeship authority are notified.

Documents provided to the registry office

The package of documents in case of divorce by mutual consent without children through the registry office is minimal:

Application in the form established at the legislative level (No. 8, 9). The form can be obtained at the place of application.
Passport details of spouses.
An original copy of the marriage certificate.
A check confirming payment of the state duty.
Judgment (unilateral order).

Submitting documents and signing the application requires personal presence. When a spouse is in prison, his consent is required, certified by the authorities of the penitentiary institution.

One way to simplify the procedure is to file for divorce through the State Services electronic service. To do this, enter the necessary data on the website. Further actions of the spouses consist of appearing at the registry office at the specified time to personally sign the application. Otherwise, registration will not be carried out.

State duty amount

Termination of family relations through the registry office requires payment of a state fee, the amount of which is regulated by tax legislation:

by mutual agreement - 650 rubles. from each spouse;
unilaterally – 350 rub. from the initiator.

A payment form with the recipient's details can be obtained from government officials. Payment of the state fee is a mandatory condition of the divorce process.

Divorce terms

The registration record is made by a competent person - an employee of the Civil Registry Office according to official duties after 1 month from the date of submission of the application. Within 30 days, spouses have the right to submit the necessary documentation and also withdraw the application.

The beginning of the established period is considered to be the next day after registration of the incoming application for divorce. If the date falls on a weekend or holiday, the end date is the next business day.

How to file for divorce through the registry office

How to file for divorce unilaterally?

Where to start with a divorce?

Question During the last year of marriage, the husband does not work, does not take part in providing for the family, and leads an undignified lifestyle. I want to divorce my husband, but I don’t know where to start if I have children? How complicated and time consuming is this procedure? How much will a divorce cost me?

Answer

The divorce procedure does not depend on what reasons force the spouses to dissolve the marriage. The course of the divorce process is influenced by such circumstances as the consent or disagreement of the husband and wife to divorce, the presence of joint children under 18 years of age, as well as the presence of various disputes arising from family relationships.

So where do you start with your divorce?

First, determine the authority - administrative (registry office) or judicial - to which you need to file for divorce;
Secondly, correctly prepare an application or claim, collect all the necessary documents;
Thirdly, pay the state fee - without a receipt confirming payment, the divorce procedure will not proceed;
Fourth, familiarize yourself with the features of the upcoming divorce procedure, prepare for possible difficulties and pitfalls so that the divorce occurs quickly and without unnecessary delays.

Let's consider what the features of divorce are, depending on whether the spouses have joint minor children or not.

If there are no children

If the spouses have no children, a divorce can be made....

administratively (through the civil registry office) - if both husband and wife want to divorce;
in court (through the magistrate or district/city court) - if the wife or husband is against the dissolution of the marriage, if disputes arise between the wife and husband regarding the division of joint marital property.

Thus, if at the time of divorce there are no joint children under 18 years of age in the family (both natural and adopted), the decisive issue for the spouses will be consent or disagreement to divorce - the location of the divorce procedure (registry office or court) and the further procedure depend on this actions.

If there is a child

If spouses have joint (natural and/or adopted) minor children, divorce is possible only through the court. To which judicial body should a claim for divorce with children be filed?

To the magistrate's court , if there are no disputes between the wife and husband regarding the place of residence of the children, their upbringing, as well as regarding the payment of alimony for joint children, and the material claims of the spouses against each other, if any, do not exceed 50 thousand rubles;
To the district/city court , if the divorce is complicated by disputes over children and/or material claims regarding the division of jointly acquired property worth more than 50 thousand rubles.

Important! The law provides for an exception to this rule. Even if there are minor children, divorce is possible administratively ( through the registry office) under the following circumstances:

the spouse is incapacitated;
the spouse is declared dead or missing;
the spouse was sentenced to imprisonment for the crime for 3 years or more.

According to Article 19 of the RF IC, the presence of one of the above grounds), confirmed by a court decision that has entered into legal force, gives the second spouse the right to file for divorce in the registry office unilaterally, regardless of the presence of joint minor children.

Divorce in the Magistrates' Court

The Magistrate's Court is competent to resolve the following issues:

Divorce in the presence of young children without a dispute about the place of residence or the order of communication.
Division of joint property, the monetary value of which does not exceed 50,000 rubles.
Spouse's disagreement with divorce. This category includes cases when the party does not oppose the divorce, but deliberately ignores the administrative procedure.

Consideration of a claim for jointly acquired property is carried out even if there is an agreement between the parties. Issues related to deprivation of parental rights, establishment (refutation) of paternity, and adoption cannot be resolved by a magistrate. If demands are made that are not within the competence of the local court, the case is transferred to a higher authority - the district court.

The rules of jurisdiction determine the procedure for filing a claim in the magistrate’s court at the defendant’s place of residence.

However, there are exceptions and the application may be provided at the place of residence of the plaintiff when:

minor children live with the applicant;
the state of health does not allow contacting the defendant at his place of residence;
the second party does not oppose the choice of jurisdiction by the plaintiff.

Sample statement of claim

The plaintiff can familiarize himself with the claim form in court on information stands. A correctly drawn up application is the key to opening proceedings in the case. If there are deficiencies and inaccuracies, the plaintiff is given an additional period to eliminate them.

The content of the application must reflect the following information:

Name of the body competent to consider claims:
site number.
Personal information of the parties:
actual place of residence (registration);
contact means of communication.
Place and date of registration actions upon marriage.
Birth of children.
Termination of joint farming.
Attitude of spouses to the divorce process (consent).
There is no dispute about the future place of residence of common minor children.
Grounds for divorce proceedings.
Claim:
division of property acquired during cohabitation;
collection of alimony.
Applications.
Date of.
Personal signature of the plaintiff.

Petitions related to the procedure for considering a family case are attached to the application.

Sample application

Statement of claim for divorce in the magistrate's court - Sample | Form

Consultation on document preparation

Required

Documents required to file a claim:

Certificate of marriage (original, copy).
Official confirmation of the birth of children.
Receipt for payment of the fee.
The defendant’s consent to divorce, certified by a notary (if available).
Certificate of income of each party to the proceedings (in case of collection of alimony obligations).
Marriage agreement (original and copy required if available).
Mutual agreement on the division of jointly acquired property.
List of disputed property with estimated value.

Copies of attached documents must be certified.

Providing additional documents is not prohibited. In addition, the necessary documentation may be requested from third parties who are not interested in the claims.

State duty

Payment of the state fee by the plaintiff covers two services:

divorce – 600 rub. (clause 5, part 1, article 333.19 of the Tax Code of the Russian Federation);
issuance of a certificate – 650 rubles. (clause 2, article 333.26 of the Tax Code of the Russian Federation).

The amount may vary. This is due to the presence of additional requirements regarding the assignment of alimony and division of property. The applicant in this case pays 1250 rubles. (filing a claim + issuing a certificate), and the defendant - 650 rubles. (certificate only). Making a payment requires obtaining the recipient's bank details.

The receipt confirming payment of the state duty contains the following information:

Payer information:
passport details;
TIN;
SNILS.
Purpose of payment.
Details of the recipient of the state duty.
Transfer amount.
Date of payment.
Personal signature of the applicant.

A fee receipt is a required document when submitting an application. In case of reconciliation between the parties, the fee amount is non-refundable.

Divorce terms

It is impossible to define clear boundaries of the divorce process. The stages of the trial involve a general procedure for considering the issue, not exceeding 2 months.

Action	Period
Purpose of the process	1-2 weeks (no more than 1 month)
Deadline for reconciliation	1-3 months
Entry into force of the decision	1 month after announcement
Obtaining a certificate from the registry office	is not limited

The duration of the divorce depends on the wishes of the parties. If the defendant fails to appear at the hearing 3 times in a row, the case is considered without his participation.

Arbitrage practice

As practice shows, divorce is rarely carried out “in its pure form.” Usually the process is accompanied by additional claims, the consideration of which takes a long time: a property dispute, collection of alimony.

Divorcing a family with a child requires special attention. One of the main tasks pursued by the judge is to protect children's interests. The consideration of the case is carried out in the most objective manner.

Regardless of the reasons for the divorce, a decision will not be made if the spouse is expecting a child or the child is under one year old.

Pre-trial resolution of the issue regarding the procedure for collecting alimony is rare.

As a rule, the duration of divorce takes at least 2 months. The period depends on a number of objective factors: the number of disputes, documents provided, and the parties’ attendance at the meeting.

Case study:

Citizen Sobko V.A. filed a claim for divorce and collection of alimony from Sobko I.P. in favor of her minor daughter. The wife appealed to the magistrate’s court at her own place of residence, because she did not know about the whereabouts of her husband.

Sobko I.P. appeared at the hearing and announced his intention to save the family, and a deadline was set for reconciliation. At the end of the two-month period, the judge satisfied the demands of V.A. Sobko. The spouse quit during this time, which affected the amount of alimony obligations.

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Divorce proceedings without children

Let's consider all the features of the divorce process without children.

Peculiarities

As mentioned above, a married couple without children together, depending on the circumstances, may divorce...

through the registry office
through the court.

Divorce through the registry office	Divorce through court
If both spouses want to dissolve the marital union, and do not have any property and/or non-property claims against each other, they need to submit a joint application for divorce to the registry office, a month later - take part in the formal divorce procedure and obtain divorce certificates.	If one of the spouses is against the divorce, refuses or avoids submitting a joint application to the registry office, if disputes arise between the wife and husband, a lawsuit is inevitable.
The main feature of administrative divorce is efficiency and simplicity. Already 1 month after filing a joint application, the marriage will be dissolved.	The approximate duration of the divorce process without children is from 2 to 5 months.

Procedure

The divorce procedure consists of several successive stages, each of which involves a certain procedure:

The procedure for divorce through the registry office	The procedure for divorce through court
1. The first stage is the preparation and submission by the married couple of a joint application for divorce. An application for divorce is a completed form of the established form (No. 8, 9, 10) with the signatures of the husband and wife. If for any reason one of the spouses cannot take part in filling out and submitting a joint application, he can submit (send by mail, transfer by a proxy) an application drawn up personally by him, with a notarized signature. If the wife or husband cannot submit an application for the reason provided for in Article 19 (incapacity, recognition as dead or missing, imprisonment), the application is submitted by only one spouse - the initiator of the divorce, and a court decision is attached to it, which confirms the above circumstances. Simultaneously with the joint application, the married couple submits documents, a full list of which is given below.	1. The first stage is preparing and submitting a statement of claim to the court. Unlike an administrative divorce (through the civil registry office), divorce through the court is impossible without filing a claim drawn up in accordance with Articles 131-132 of the Code of Civil Procedure of the Russian Federation. The statement of claim must be accompanied by documents that confirm all the essential circumstances and justify the claims.
2. The second stage is payment of the state duty. For filing a joint application, each spouse pays 650 rubles, for filing a unilateral application (in the presence of circumstances provided for in Article 19 of the Civil Code of the Russian Federation) - 350 rubles.	2. The second stage is payment of the state duty. For filing a claim, 600 rubles are paid (if, at the same time as the divorce, the court is considering the issue of dividing joint property, an additional state fee is paid, the amount is calculated based on the price of the claim).
3. The third stage is the divorce procedure. A married couple (in case of a unilateral divorce, one spouse) must visit the civil registry office 30 days after filing the application and take part in the divorce registration procedure: entering the relevant information into the civil registration book, notes about the divorce in passports, and issuing divorce certificates. If a married couple does not come to the registry office at the appointed time without good reason, the divorce is cancelled.	3. The third stage is participation in court hearings. The first court hearing is scheduled 30 days after the claim is accepted by the court office, of which the spouses are notified. During the court hearing, a trial takes place: the court examines the submitted documents and listens to the parties. If the respondent spouse is against the divorce, the court may set a 1-3 month period for reconciliation of the married couple, and if the respondent spouse does not come to the court hearing without good reason, the meeting can be postponed twice, after which the marriage is dissolved without his participation.
4. The fourth stage is the entry into force of the court decision 1 month after its issuance.
5. The fifth stage is the registration of a divorce with the civil registry office (a formal procedure similar to the registration of a divorce by the civil registry office without a trial - entering data into registration books, making notes in passports, issuing a divorce certificate. For this procedure, each spouse pays a state fee of 650 rubles.

Documentation

Documents for divorce through the registry office

joint application of a married couple or separate statements of spouses with notarized signatures (you can see below);
passports of spouses;
Marriage certificate;
a court decision (if a unilateral divorce occurs on one of the grounds provided for in Article 19 of the Civil Code of the Russian Federation) on declaring the wife or husband incompetent, missing or dead, on imprisonment for 3 years or more;
receipt (payment of state duty).

Documents for divorce through court

statement of claim for divorce (you can download a sample below);
passports of the wife and husband;
Marriage certificate;
certificate of family composition at the place of residence;
documents confirming all the essential circumstances set out in the statement of claim (for example, a certificate from a medical institution about bodily injuries, bank account statements);
documents (legal, technical and appraisal) for joint property, if, simultaneously with the divorce, the court is considering a dispute about the division of joint marital property;
receipt (payment of state duty for filing a claim).

Application for divorce without children. Sample 2021

Divorce in district court

The jurisdiction of the district court includes consideration of divorce cases if the following aspects are affected:

property dispute. It involves the division of the common property of the spouses, the expert assessment of which exceeds 50 thousand rubles;
the fate of young children born in marriage:
which parent will remain to live with;
determining a communication schedule;
alimony obligations;
establishing (challenging) paternity/maternity.

The procedure for the trial complies with the general rules of civil procedure.

Statement of claim

In the process of filing a claim, the nuances of business management are observed. The contents of the document correspond to the plan:

"A cap":
personal data of the parties (full name, contact means, registration address).
Document's name.
Essential circumstances:
presence of children (age, place of registration);
the grounds that led to the divorce;
proof.
Claim.
Applications.
Date of.
Personal signature.

The jurisdiction rule determines the filing of a claim at the location of the defendant. An exception is the situation when the plaintiff is unable to appeal to the appropriate authority due to:

living with a child;
health conditions;
lack of information about the defendant’s place of residence.

The application is duplicated in 3 copies, one for each of the parties: the plaintiff, the defendant, the court.

District Court

Statement of claim for divorce in the district court - Sample | Form

Consultation on document preparation

List of documents

The evidence base attached to the statement of claim is based on the following documents:

Confirmed payment of the court fee.
Marriage certificate (original copy).
Official data on the birth of joint children.
House book or personal account statement.

The required list depends on the subject of the dispute stated in the claim. The division of property requires the provision of documentation regarding the value of the objects.

State duty

The calculation of the state duty is the sum of the fees established separately for each claim:

divorce – 600 rubles;
property dispute – depends on the cost of the claim.

The rules for determining the state duty are fixed by the Tax Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. The determination of the amount of acquired property is carried out before the start of the trial through an independent assessment.

The minimum limit for court fees is 400 rubles, the maximum is 60 thousand rubles. The court has the right to verify the calculation of the duty. If an error is detected, a determination is made indicating the time for elimination. The law provides for the possibility of deferring the mandatory payment or reducing the amount if a valid reason is demonstrated.

Duration of the procedure

It is difficult to determine the time after which spouses will be divorced. A decision regarding further consideration of the case on its merits is made by the court within 5 days from the date of application.

Extension of this period is possible in the following situations:

the claim remains pending without progress. Applies if inaccuracies are identified or legal requirements are not met. Up to 10 days are provided to correct deficiencies and make adjustments;
There are 2 reasons for refusal to accept:
the consideration is not within the competence of the court (the rules of jurisdiction have been violated);
the decision has already been made;
return without consideration. Carried out in the following cases:
when submitting an application, legal norms were violated;
incompetence of the applicant;
similar demands are already being considered in court;
the plaintiff withdrew the application.

The first hearing is scheduled 1 month after the application. The duration of a divorce is influenced by many factors: from the significant circumstances of the case to the behavior of the participants in the process.

Arbitrage practice

According to judicial statistics, the reason for applying to the district court is private disputes over the division of property acquired during cohabitation. Some parents who decide to leave their family try to challenge paternity (maternity) in order to be released from the direct responsibility for the financial support of a minor child.

The court, when considering such cases, pays significant attention to the rights of the child. At the same time, it does not ignore the principles of the judicial process and maintains a balance of interests of the participants in the proceedings. Peaceful resolution of the dispute is rare.

The divorce procedure takes several months. The duration of litigation is determined by objective factors: the number of disputes, the desire of the parties, the need for additional research (assessment of property, DNA test).

Case study:

Citizen Petrova A.S. filed a claim for divorce from Petrov G.A. At the time of submitting the documents, the woman did not know about the whereabouts of her husband, so they had not lived together for 2 months and were not running a joint household. The couple has a minor daughter, 6 years old. The wife appealed to the district court at her place of residence with the following demands:

divorce;
division of joint property, the value of which is more than 50 thousand rubles;
collection of alimony in favor of a child;
determination of permanent residence with the plaintiff.

Petrov G.A. did not come to the court hearing. The hearing of the case was postponed to a month later. Due to the absence of the defendant for the second time, the judge made a second decision. At the third meeting, G. A. Petrov appeared and declared his desire to save the family, as a result of which a deadline was set for reconciliation. After 2 months, the judge satisfied the plaintiff’s demands in full; only half of the spouse’s property was sold. Petrova G.A. was unable to provide evidence confirming the lack of income and invalidate the transactions.

Obtaining a divorce certificate

To obtain a divorce document, you should follow the following sequence of actions:

Contacting the registration authority – Civil Registry Office.
Provision of documents:
passport data (for foreigners a notarized translation is required);
a court decision that has entered into force (after the period for appeal has expired).

The law does not limit the period for obtaining an official certificate from the registry office. The moment of divorce is considered to be the day the decision of the magistrate court comes into force.

Reconciliation of the parties

The deadline for reconciliation of the parties is the right of the judicial body, the implementation of which provides the opportunity for spouses to take measures to preserve the family.

Setting a deferment period for divorce proceedings is advisable if:

one of the spouses opposes divorce;
the reasoning is not true;
There are visible ways to resolve the conflict situation that has developed in the family.

The conciliation process can last from 2 weeks to 3 months. The period is set at the discretion of the judge or at the request of the parties. If the applicant has confidently decided to end the marriage relationship, then he has the right to insist on shortening the period for reconciliation. However, the decision remains up to the court.