How does divorce work?
Divorce may not always proceed peacefully, so many aspects of it are regulated by law. How to dissolve a marriage through the registry office and through the court, what documents are needed, RIA Novosti, 13.01.2022
MOSCOW, February 20 – RIA Novosti. Divorce may not always go peacefully, so many aspects of it are regulated by law. RIA Novosti reports on how to dissolve a marriage through the registry office and a court, what documents are required, what the peculiarities of divorce in the presence of children are, as well as how property is divided. When can a marriage be dissolved by going to the registry office? According to Article 19 of the Family Code of the Russian Federation, you can divorce your spouse through the registry office if:In the last three cases, you can divorce without the consent of the wife or husband, regardless of whether there are common minor children.In all other cases, the application for divorce is made through the court. What documents do I need for divorce? If the spouses are divorcing by mutual consent and they have no children together, the following must be submitted to the registry office: If the documents for divorce are sent online, you will also need an enhanced qualified electronic signature of both spouses.In the case of divorce filed by one spouse, provided that the second is missing, declared incompetent or convicted for more than 3 years, the package includes: Application and documents for divorce must be brought to the registry office by the residence or place of stay of one of the spouses. It is also possible to file for divorce through ICF or electronically through State Services. According to Article 333.26 of the Tax Code of the Russian Federation, in the majority of cases it is necessary to pay 650 rubles from each spouse for state registration of the marriage dissolution, including issuance of certificates. If the divorce is filed by a person whose spouse was recognized by the court as missing, incapacitated or sentenced for more than three years, then the state duty payment at the State Service portal shall be discounted by 30%. When will the ex-spouses be considered man and wife? As stated by the Russian Federation Family Code, the divorce procedure is finalized by the registry office after one month from the application submission date. At the same time the corresponding certificate is issued. Each of the ex-spouses receives it. After that they cease to be considered husband and wife.When should I file an application for divorce in court? Dissolution of marriage is carried out in court, when the spouses have common minor children, as well as if the husband or wife do not give consent to divorce.In addition, the dissolution of marriage through the court occurs in cases where one of the spouses, despite the absence of objections from him, evades divorce in the registry office, including refusing to submit an application. How to file for divorce in court? In order to file for divorce through the court, you must prepare the following papers:If the plaintiff is not possible to submit an application for divorce in court in person, to the package of documents must be attached a notarized power of attorney on the representative.As a General rule, the claim is filed at the place of residence of the second spouse. At the place of residence of the plaintiff is allowed to submit, if the child lives with him, or the state of health does not allow him to be away from home, and also if, together with the claim for divorce is a claim for recovery of alimony. Together with the lawsuit you can also submit a claim for division of property, but it is allowed to do it later.If the spouses do not have a dispute about children and property disagreements of more than 50 000 rubles, the claim must be filed in the world court.
Otherwise – to the district court.The marriage will be considered dissolved not earlier than one month from the date of filing the application. The spouses will cease to be husband and wife from the day the court’s verdict enters into legal force. After that, the court within 3 days must send an extract from the decision to the Registry Office at the place of the marriage, where the parties to the process will be able to obtain a divorce certificate.How to divorce a foreigner? According to Article 160 of the Family Code, divorce between Russian citizens and foreigners or stateless persons, as well as the marriage between foreign nationals in Russia is made according to the standard scheme – as in the divorce of Russians. At the same time it is necessary to legalize all the documents in a foreign language (unless otherwise provided for by the international treaties of the Russian Federation) and translate them into Russian. Correctness must be certified by a Russian notary.The divorce process with a foreigner or stateless person permanently residing in another country can be carried out both in Russia and abroad. But if one of the spouses is permanently residing in Russia despite his/her foreign nationality, the divorce will take place on the territory of the Russian Federation. If, according to Russian law, a divorce through the registry office is possible, then the procedure may take place at diplomatic missions or consular offices of the Russian Federation.The process of divorce, which took place abroad under the laws of another country, is recognized as valid in the Russian Federation.How to file for divorce if there are children? If the couple, who mutually wish a divorce, have minor children, then you should go to court. One of the spouses will also have to do the same, in case the other does not want a divorce.When the marriage is dissolved in court, the spouses can present an agreement on who of them will live with the children. If there is no such agreement or it violates the interests of the children or one of the spouses, the court must determine with whom the children will live, and from which of the parents and in what amount should be recovered alimony.men It is important to remember that by law divorce with his wife without her written consent is not possible if she is pregnant or gave birth less than a year ago. For a woman, a divorce with her husband has no such restrictions – she can officially leave her spouse both during pregnancy and immediately after it.Is it possible to file for divorce online? An application for divorce can be filed online only if the decision is joint and the couple have no common minor children. In this case, it is necessary to have reinforced qualified electronic signatures to sign the application and submit the documents on the portal of the State Service.Is it possible to dissolve the marriage unilaterally? Dissolution of marriage in the registry office without the consent of the wife or husband, regardless of whether there are joint minor children, can be if:In other cases, the unilateral dissolution of marriage is possible only through the court, which must establish that further life together the spouses is not possible. In this case, the court may take measures to preserve the family: postpone the proceedings of the case, assigning a period for reconciliation of husband and wife within three months.Divorce with division of propertyWhen dividing the common property of spouses, their shares are recognized as equal, according to Article 39 of the Family Code of the Russian Federation.
However, the court may waive this rule if it considers the interests of minor children, or if one of the spouses has not received any income for unreasonable reasons or has spent the spouses’ joint property to the detriment of the family’s interests. When dividing property, husband and wife will also share the common debts in proportion to their awarded shares.Spouses have the right to decide for themselves in what shares to divide the property. They must submit an agreement to this effect to the court. If such a document violates the interests of children or one of the spouses, the court is obliged to divide property taking into account the specific situation.In case one of the spouses is transferred property whose value exceeds the share due to him, the other may be awarded appropriate monetary or other compensation.
Divorce proceedings are a procedure for ending a marriage, most often carried out by a court. It is especially complicated if both spouses have had children together and have acquired costly property. In this case, there will be lengthy court discussions for 3-4 months, and maybe even more than half a year, depending on the circumstances.
- Divorce Procedure in Court
- A court divorce is possible only if there are the following grounds (Article 21 of the Family Code)
one of the spouses does not want to destroy the family;
the spouses agree to divorce, but they have common children under the age of 18 years (natural or adopted) as dependents;
- The lawsuit may be initiated in cases where the wife or husband is not against the rupture of relations, but by all means evades the procedure. That is, does not come to the registry office to write a statement (it is filed in the presence of both spouses), does not pay the state duty and, thus, delays the process of divorce.
- What documents are needed?
- A receipt for payment of the state duty (650 rubles);
- An original or duplicate copy of the child’s birth certificate and two photocopies;
Extract from the house book (if spouses are registered at the same address);
Original or duplicate of the marriage certificate.
Simultaneously with a divorce, the judge may consider other requirements of the spouses, concerning the place of residence of a minor child after the divorce, the recovery of alimony for children and / or a disabled spouse, division of property. Then additional documents may be required – a certificate of salary of the plaintiff and the defendant, certificate of real estate, the contract for the purchase of a car, etc.
the Procedure of judicial dissolution of marriage
Starts the divorce process from the moment of filing an application to the world or district court. Before this, it is important to correctly identify the judicial authority, so that in the future not to get a refusal in consideration of the claim and not to lose time.
Grounds for divorce in a magistrate’s court (art. 23 of the Civil procedure Code):
Grounds for divorce in a district court (Art. 24 of the Russian Federation Code of Civil Procedure):
1. Spouses agree to divorce.
1. one of the spouses is against the divorce process.
2. Spouses independently came to an agreement on the place of residence of children who have not reached the age of majority after the divorce.
2. The couple has disputes about the place of residence of their mutual children under the age of 18.
3. Spouses made an agreement about who of them and in what order will pay child support and notarized it.
3. Spouses have jointly acquired property in the amount of over 100000 rubles.
- 3. Spouses have no disputes regarding jointly acquired property or the total value of their property does not exceed 100000 Rubles.
- Generally, a divorce action is filed at the defendant’s place of registration or permanent residence. However, the plaintiff has the right to file an application at his place of residence if:
- There are young children actually living with him;
- For health reasons can not come to the place of residence of the defendant;
- the defendant’s place of residence is unknown;
the defendant is not a citizen of the Russian Federation;
the defendant constantly changes his place of residence.
All of these facts must be confirmed by documents. In the last three cases, the application must be accompanied by a copy of the spouse’s passport and marriage certificate.
How does the first court session take place?
One month after filing the petition, the first court hearing is scheduled. Both spouses are summoned a few days prior to the hearing so that they can take the day off from work and arrive in court without delay. At the first hearing the judge determines the couple’s attitude towards the divorce, finds out the reasons for the marital discord and how to save the marriage.
If both spouses wish to separate and have no disputes about children and property, a decree of divorce is issued. One month later, the decree is sent to the civil registry office and an entry is made in the civil register.
In situations where the wife or husband does not consent to the divorce, the couple is given time to reconcile, usually three months. If at the end of this period the spouses have not found an understanding, the marriage is dissolved.
One of the spouses may not agree with the court decision, then he or she may, within ten days from the date of receipt of the order to file a petition to repeal it and reconsider the case.
- Failure to appear at the hearing: what is the threat?
- In this case, there may be several options for the development of the situation:
At the first hearing did not appear both spouses – the process of dissolution of marriage is terminated.
At the session did not come one of the spouses – the judge is obliged to find out the reason, and then only to take a decision.
If the defendant did not come to court for a good reason: illness, business trip or failure to receive summons, the meeting is postponed to another date. A total of two sessions may be missed, after which the judge is required to issue a decision.
If the spouse intentionally misses court hearings in an attempt to delay the divorce proceedings, the plaintiff may petition to have the cases heard in their absence. The court may grant it and hold the hearing in the absence of the defendant.
Timing of divorce proceedings in court
Spouses agree to divorce in court and have no disputed issues regarding minor children and division of common property.
1 month (+ 30 days for the decision to take effect).
One of the couple does not want a divorce.
4 months (+30 days for the judgment to take effect).
One spouse does not want to end the relationship and fails to show up for meetings at the end of the reconciliation period.
Six months (+30 days for the judgment to take effect).
One spouse has a claim to common property.