Article 24 of the RF IC. Issues resolved by the court when making a decision on divorce (current version)

If it is impossible to achieve a divorce peacefully, the spouses have to defend their position and their interests in court. Getting a divorce through the courts is not easy; the process usually takes a lot of time and takes up just as much effort. The answers of each spouse determine what decision will be made at the end of the process.

When going to court, you want to think through your answers so that they reflect reality as accurately as possible and have a positive impact on the judge’s decision. Therefore, it is useful to familiarize yourself with the approximate questions that may be asked during divorce proceedings.

How does the divorce process work?

A marriage is dissolved through court when:

• one of the spouses does not agree to divorce;
• have common minor children;
• there are property disputes.

The process begins with filing a claim. If there are no disputes about children and property worth more than 50,000 rubles, it is submitted to a magistrate. In other cases - to the district court. In the statement, the plaintiff sets out his position: he writes why he wants a divorce, and briefly describes the circumstances.

If the application is accepted for processing, a preliminary interview is scheduled, and then a hearing date. The spouse will be invited there by official summons. The judge will ask questions to the husband and wife and give both the opportunity to speak.

The minimum hearing time is 10 – 15 minutes. This happens when the essence is clear and there are no disagreements. And when everything is complicated, it will take more time, and there may be several meetings in court. If there is no desire to participate in the process, the plaintiff has the right to ask to consider the issue without his presence. As a result, the court will decide on what conditions to divorce, or will give a period for reconciliation - 1 - 3 months.

The child is invited to the hearing only to decide the question of who he will live with. If he is already 10 years old, his opinion must be taken into account. From the age of 14, a teenager has the right to choose his own place of residence.

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— through the eyes of a non-lawyer. Sharing our experience As I approached the 17th anniversary of my marriage, I thought that I needed to file for divorce.
It was not easy to admit to myself that my marriage was unsuccessful. I informed my husband about my decision, but somehow he was not particularly imbued with the seriousness of my intentions. Although I received a certain emotional shock and even offered to somehow settle the relationship. I gave him a year to change the situation in our family. There were no significant improvements during this period, and I definitely decided to file for divorce. Lawyers at Legal Defense have extensive experience in the field of family law and will help you draw up an application for divorce. If you need help in these matters, contact us by phone: (495) 790-54-47.

To begin with, I found out the location of the magistrate who carries out divorces, since, having two children together, it is legally impossible to get a divorce through the registry office. At the court station, I checked with the secretaries about the list of documents required to file a claim. I received the bank details for paying the state fee and copied the text of the statement of claim from the stand in the hallway.

During the divorce, I intended to divide the property on the basis of a mutually beneficial agreement with my spouse, which is why I copied the wording that there was no dispute about the division of property that is joint property. Regarding the fact that funds for the maintenance of children will be paid by their father voluntarily, I also left the wording in the lawsuit (and then, I think, we’ll see how it turns out). When submitting documents, I was asked at the secretariat: “Does the defendant live at the same address?” I answered in the affirmative. (I liked this word “reply-chick” so much; it seemed that it suited my husband very well...) A couple of weeks later we were invited by phone for a preliminary conversation, but the secretary there made a mistake with the dates, and my husband and I came not on that day. Then we were asked to write a statement according to which we could be divorced without a court hearing. I really liked this option, but for some reason my husband needed a court hearing. I had to come back two weeks later.

They arrived on the appointed day. Checked in. The secretary took our passports and said: wait. They called us to the judge. I walk in and see a female judge at a desk in her office. I didn’t even know whether to be happy about this or not... They said hello. We were first asked to sit down, then asked to stand up. The judge is in a robe, such a beautiful woman. She reads us our rights and all that. There is a figurine of Themis on her table. The secretary is also a very young woman... The judge begins to ask questions: for what reason is the divorce happening, etc. I begin to explain to her that I have a serious attitude towards marriage, that I, in fact, was the initiator of this marriage, and I believe that it should be built at least on mutual respect and trust. We haven't had this for a long time. But there are many other things that are opposite to these categories, including the spouse’s alcoholism with all the ensuing consequences. Over the 18 years of marriage, I did everything I could to save the family. All. There is no more strength, and there is no desire to continue living together with this person either. That's why she filed for divorce.

The judge says: “So I see that it’s been 18 years! This is a lot in today's times! People who come to me for divorce have a maximum of 5-7 years of married life experience! And yet we’ve lived together for so long, is there really nothing worth living together for?! And your eldest son is now at such a dangerous age... Divorce is sometimes fraught with serious consequences for children!”

She asks Karetnikov: “Do you think divorce is inevitable?” He gets up and says: “First of all, I must say that everything she told you here is not true! As for drunkenness, I am not a drunkard! I drink occasionally, and then only out of necessity—maximum two or three times a week, when I’m very tired at work!...”

The judge immediately asks in surprise: “And you think this is rare?!” He: “Yes! I work three jobs! She never worked at all, I bring everything to the family. I provide everything for the children and there is always everything in the house. And there she contacted some lawyers on the Internet, they brainwashed her... She actually made a lot of friends there, she’s generally very jealous of everyone, and she still can’t get enough of everything!... She got her way: divorce and divorce...”

Then the judge interrupts him and says: “So, excuse me, you’re telling me fairy tales about the Internet! Let's start with the fact that you generally charge your usual duties as heroism! So what if you work and provide for your family? This is fine! There is no point in beating yourself in the chest with your fist! And drinking because you’re tired at work is just a ridiculous excuse! Now, at the beginning of the day, I’m not communicating with you in a positive way either, and it’s such a bummer for the rest of the working day! And at home I also have children and a husband who need my attention and care. Do you think I should relax and get drunk after a hard day?!!! And then, for me to believe that a woman who has two children and dedicated 18 years of her life to you, exchanged everything exclusively for the Internet!? And for this she needs a divorce!? Don’t tell me this here!!!”

I’m sitting, remembering my “happy marriage” in austerity mode, slowly wiping away my tears... It became so annoying how my “what would be another husband” began to expose me! I was amazed and touched by the judge’s position!

I felt like the judge was saying everything correctly and didn’t even interfere... And Karetnikov continues: “Yes, she put up with me all these years!” Judge: “No need! A woman just can’t stand it for so many years; a woman’s body can’t stand it even in prison for more than 10 years! Obviously, this woman felt something for you, she gave you two children, but you don’t even have elementary gratitude to her for this! It was you who failed to save your family! The divorce is your fault!”

He: “You don’t know her! She told you who knows what, but you believe her! Where is the evidence, where is the evidence that she is right?!”

Judge to me: “Do you have anything to say about this?”

I get up and say: “Well, obviously, I should have grabbed my work book so that I could prove to him that at the beginning of our life together I worked, and very successfully, and brought income to the family. But then, for the sake of my family, I left my career in journalism, I deliberately went for it, because I believed that I should take care of the children, especially since we didn’t have grandmothers to help us either...”

The judge interrupts me: “It really is such happiness that a mother has the opportunity to take care of her children! Unfortunately, I didn’t have such an opportunity...”

I continue: “Well, at that time they told me that I wasn’t doing anything, because I wasn’t working, I was parasitizing, in general... However, I tried to at least somehow earn extra money at this time... About that , that he completely provided for the family with everything, I will only say that at times I went hungry, purely symbolically feeding the children with what he brought, and I often could not afford medicine ... "

The judge asks me: “Well, okay, how are you going to live further, because it’s very difficult to carry two children with one... I answer: “You know, I need a divorce now in order to simply survive and preserve the remnants of my health.” . It will be easier for me to earn money when he’s not around, because now I finally have at least some income, and he comes and starts giving me a hard time because I’m smiling while looking at my laptop, and what’s more and he destroys working equipment only for these reasons. Then I can’t just work, I just can’t come to my senses for a while!”

Karetnikov raised his voice again: “Yes! He sits there and smiles at his lawyers!” The judge winced as if he had a headache: “Let’s stop talking about lawyers here! She didn’t go there to smile because she had a good life! If you were aware of all your responsibility to her, as to your wife, you would understand that her psychological state is also your concern! She might have nothing to do on the Internet at all, if her life here with you was normal! And it was more important for you to get drunk after work!”

He almost shouts to her: “You don’t know what a terrible person she is!..” The judge turns to me again: “But still, two children, do you understand how serious this all is? Have you talked to them about this?

Me: “Yes, I explained everything to them more than once. My son, of course, was frightened at first by the word “divorce” itself, although even at the age of three he told me: “Mom, let’s leave dad somewhere”... It is in front of the children that these scandals unfold, it is in front of the daughter’s eyes that he gave me a concussion..."

Karetnikov interrupted: “There is no evidence of this! And the fact that she fell there when I hit her is her problem! It’s her own fault when every day she throws herself at me and scratches my face - it’s impossible to tolerate!..” I smiled bitterly through my tears, thinking: “What am I, it turns out...”

And the judge raised an eyebrow at him in surprise: “So you think that after your blow, her fall is her problem?..”

He: “Yes! I didn’t move her very much...”

Judge: “Does she really need a lot?... Shut up now.” Again she asks me: “Well, did you try to have some kind of dialogue before you came here to me for a divorce?” Me: “Yes, I tried, as far as possible, to look for at least some compromises with him. A year ago, I had already come to the final thought that a divorce was necessary, but I gave him a chance... I persuaded myself... However, during this year there was so much more from him that even my son concluded: “It was in vain that dad didn’t take that chance what you gave him a year ago!” The children are now reacting calmly to the divorce, since I explained to them that they will see their dad, provided he behaves adequately, of course. I hope that I haven’t aged completely yet, and maybe I can make a match for a worthy person. And I warned my children that if I get married, I will never let anyone hurt them. They finally calmed down after that... The children, of course, love their father, but my daughter, too, once, after one drunken scandal, told me out of annoyance that she would like a different dad..."

Karetnikov began shouting again that I was lying, that the children loved him very much, they couldn’t say that themselves, I inspired it all in them... The judge says: “Enough! Let’s not continue to upset your wife, who has already had a great time living with you...” After a short silence, the judge asked: “So should I divorce you?”

I answer: “Yes, please!” She asks him: “Should I divorce you?” He: “But she’ll still do what she needs! I don’t want to get a divorce, our house over there is unfinished, is she going to take it away from me now?”

The judge says: “The issue of division of property during divorce is not the subject of our meeting today. I’m asking you, should I divorce you or not?” He again begins to tell her that it is not profitable for him to get a divorce, and he did not want this, but he seems to have nowhere to go... He began to ask the judge how they will then divide the house between us... She so tiredly explained to him that they say, in half jointly acquired property is divided during a divorce, but taking into account the children who remain with the mother, the court may decide differently... After this, Karetnikov agreed to the divorce. (It seemed to me that my husband only went to this court hearing to find out how the property would be divided during a divorce...)

“Purely as a human being, I advise you to resolve the property division pre-trial,” she told him and looked at me meaningfully (in her gaze it seemed to me: “I doubt, however, that you will succeed with him”). Then we were asked to leave, then invited back, the judge read out the decision on divorce. Having made a decision from her, I could only say through my tears: “Thank you for your understanding...” I cried because I had to remember the many disappointments experienced in this long-term marriage. Frankly speaking, I was even hoping for a formal approach from the judge, so as to make me less nervous again. And when my “betrothed” began to shower me with accusations, I actually regretted that I didn’t have a lawyer nearby. But here the judge acted as my defender, and such as I have never had before in my life. I wanted to exclaim: “The Russian court is the most humane court in the world!” and I also wanted to fly from the sudden lightness that I felt after throwing off these defective “marital ties.” Lawyers at Legal Defense have extensive experience in the field of family law and will help you draw up an application for divorce. If you need help in these matters, contact us by phone: (495) 790-54-47. Vika Kredova © IOO “Legal Protection”

How to behave in court: what is possible and what is not

You can enter the hall only after an invitation. Speak - when given the floor. You cannot interrupt the judge, and it is undesirable to interrupt your opponent, not to mention insults and threats. If you urgently need to add or object to something, you must ask the judge’s permission. It is customary to address him: “your honor” or “dear court.” You cannot ask him any other questions - he is not a party to the conflict.

Both spouses will have the opportunity to speak at the trial.

The court is not a place to sort things out, and the judge is not a psychologist. He is only interested in facts and laws. Verbosity, shouting and emotions will not affect the decision in any way, they will only result in wasted time.

Rules of behavior are not only an indicator of good manners. The violator may be removed from the hall or even fined. The Criminal Code has a separate article for contempt of court.

Calm self-confidence, a laconic and clear statement of facts - this is the optimal strategy of behavior. To overcome anxiety, take a sedative. But only a small dose - too much will slow down the reaction, but it can be useful. Before the trial, make a plan or outline of your speech, you can even rehearse it.

If a child has been invited to court, you need to think about whether what is happening will traumatize him. When there is such a risk, it is better not to present it - the opinion can be expressed in writing. If the child does attend the hearing, you need to tell him about the rules of behavior, what will happen and what is expected of him.

It makes sense to involve a child in legal proceedings only after 10 years of age

Payment of funds for the maintenance of a disabled spouse

An application for the collection of alimony can be submitted not only for the provision of children, but also for the maintenance of other family members. These include, in particular, spouses/ex-spouses who are disabled or became disabled within one year from the date of divorce. In this case, the court may determine the collection of alimony in a fixed amount.

In addition to the above, there are other situations that also require financial support from an ex-wife or husband. This category primarily includes pregnant women or mothers whose children have not reached three years of age. In this situation, the court may order alimony to be paid not only for the child, but also for the mother.

The third case of the obligation to pay alimony to former spouses is the presence of disabled children together. In this case, it is necessary to transfer money to the ex-spouse until the child reaches the age of majority, for the provision of permanent care. If a child is disabled in the first degree, then alimony payments are made even after he turns eighteen years old.

Collection of alimony

Procedural features of consideration of cases for the collection of alimony include various details. First of all, it should be noted that the issue of living for children and paying them maintenance by the second parent is decided by the court automatically in the case of divorce proceedings and if the court determines that the parties have not reached an agreement. Alimony for minor children is a mandatory payment that cannot be canceled; in extreme cases, you can challenge the amount of the payment.

Currently, there are different types of these payments: the court may decide to collect alimony for the maintenance of parents, but this payment will not be accepted in divorce proceedings. Termination of family relations in court involves a decision that in the future alimony will be collected for minor children or for the spouse who has lost the ability to work (is disabled).

The procedure for paying and collecting alimony is determined by the court, and citizens must obey its decisions or appeal them to higher authorities. If the ex-spouse does not want to pay, then you can write a statement of claim for the collection of arrears of alimony, as a result of which this case will be handled by bailiffs who, with the help of arrests and the sale of various objects owned by the debtor, will be able to cover the claim.

Author of the article

Saying goodbye to your spouse after divorce: what not to do?

The solution to this issue depends on the psychological characteristics of the person and the circumstances. So, if there are children together, and the spouse is not an antisocial type, it is better to separate peacefully.

Under no circumstances should you tell your ex-husband/wife to never see the children again. Firstly, this will have a bad effect on themselves, and, secondly, the person will be left with a strong resentment.

At the same time, he will probably still meet with children, since he will have every right to do so. It is also recommended not to disclose all the negative things that happened in the marriage, but were hidden during it.

These include, for example, betrayal. Despite the official end of the relationship, this can lead to nervous breakdowns and possibly physical harm.

Don't ignore the rules

After all, the judge can remove the offender from the courtroom. Moreover, for disrespectful attitude towards the authorities, a citizen can be fined a decent amount of money. Therefore, you should not be rude to the judge or talk while another person is testifying in the case.

In civil proceedings, the fine for such actions for citizens present at the meeting is one thousand rubles. As a rule, it is imposed upon repeated violation of order in the courtroom, more precisely after the presiding officer has already made comments to the violators. You also need to know about this.

Required documents

When a person goes to court to file for divorce if he has common minor children, he needs to additionally prepare the following documents: