Divorce through the court in 2022
Today, I will tell you how to properly apply for a divorce through the court, what you need to do for this, what documents you will need and what problems may arise.
You will also learn how to fill out the application and pay the state duty, so that no mistakes will arise.
- 1. When do they get a divorce through court?
- 2. Documents for Divorce through the Registry Office
- 3. How to choose a court, where to go
- 4. World or district court for dissolution of marriage
- 5. Statement of claim and sample for divorce through the court
- 6. How the court for dissolution of marriage
- 7. Do I have to go to the registry office after receiving the court decision?
- 8. How to divorce a foreigner through the court
- 9. How to declare a marriage invalid
- 10. Video on divorce through the court
When do they get a divorce through court?
The most common question when a couple wants to dissolve a marriage is: when do we need to file for divorce in court?
Marriage is dissolved in court, in three cases:
- If you have minor children. That is, children who are less than 18 years old.
- If you do not have mutual consent to dissolve the marriage. That is, if one of the spouses does not want to divorce voluntarily. And the other can not convince him.
- If both spouses want a divorce, but one of you is not ready to go to the registry office.
Example: There are spouses Vladimir and Anna. They have no children, but Tatiana is adamantly against divorce, and Vladimir has been wanting to do it for months. In this situation, Vladimir will have to draw up a statement of claim and go to court.
But if you do not have children under 18 years old and there is mutual consent to divorce, then you need to divorce through the Registry Office.
Documents for divorce through the Registry Office
To divorce through the court, you will need the following documents:
- An identity document. This is usually a passport. You need to make 3 copies. You also need a copy of the page where the registration address is listed.
- Statement of claim . You can get a sample application from the court, or download from our website below.
- The certificate of registration of marriage. Make 3 copies too. In case if you lost the original – then you need to get a duplicate in the registry office.
- Extract from the house book of the defendant. This is necessary if the claim is filed at the place of residence of the defendant. Or if you have an extract from the Rosreestr, which lists the owners, then you can attach it.
- Copies of birth certificates of minor children, if you have children.
- Receipt of payment of the state fee. You can pay the receipt at most banks, even online.
- Notarial power of attorney for your representative, lawyer or advocate, who will go to court. Such a power of attorney is needed only when you do not want to handle the divorce yourself.
|State duty calculator for divorce:|
|Do you have common children under 18 years old?||Yes, there are children No children|
|Any disputes about division of property?||Yes No|
|Both spouses agree to divorce?||Yes, both No|
|Is the other spouse legally incompetent or missing?||Yes No|
|Where will you pay the fee?||At the bank. Through the State Service|
If everything is in order with the documents submitted to the court, you will be assigned a date for your case within two weeks.
In 2022 the court fee for a divorce is 600 rubles.
If the divorce will be with a woman who is pregnant or who gave birth less than a year ago, then you can divorce only with her consent. Therefore, it is better to take such consent in writing and attach it to the statement of claim.
How to choose a court, where to go
The claim should be filed in court at the place of residence of the defendant, that is the second spouse.
You can call the office of any court of your city and find out which houses belong to its jurisdiction. Or you can ask this question to our lawyer in the chat.
But what if the second spouse lives far away or in another city and you have no opportunity to go there. There are two situations when you can go to court at your place of residence:
- If you cannot get to the defendant’s place of residence for health reasons. For example, you have recently undergone surgery and can provide a certificate. Or if you have a chronic illness, which you will be able to confirm.
- If you are raising minor children. And it is not important, the general delya or not. The main thing is to provide their birth certificates and confirm that they live with you.
If the second spouse lives in another city and you do not want to go there, then you can send all the documents by mail. Also, you must attach to the application a petition that asks to consider the case without your participation.
A sample petition that asks to consider the case without your participation. Must be mailed with all other documents in multiple copies.
Justice of the Peace or District Court for Dissolution of Marriage
This is one of the most important points, especially after the changes that were made in 2022. You can now file in magistrate court if 2 conditions are met:
- If you have no property disputes. That is, you have agreed who will keep the apartment, the car, who and in what portions will pay off the mortgage. You’ve also decided who gets the furniture and money from the joint accounts.
- You have no common minor children, no disputes and disagreements on alimony and the order of communication with the child.
In all other cases – you need to go to the district court. Here are the main situations, when the claim must be filed in the district or city court:
- You do not know who will pay the mortgage, as the spouses have a very different income and salary.
- You have questions, who will own the car, which bought in the marriage.
- There are claims that someone invested the gift money in the common property or to repair the apartment.
- Someone’s parents sold an apartment and invested the money to buy a home for the couple. Now it’s not clear how to divide that share.
- There are questions for each other about who will pay alimony and how much it will be. There are also disputes about who will pay the extra expenses for the children.
- You can not agree on the order of communication with the children, there is no agreement on how many days the child will spend with each parent.
Statement of claim and sample for divorce through the court
You can make a statement yourself or download from our site and fill in the blank spaces with your data.
At the top of the statement of claim indicate the address and name of the court in which you will be filing. The address can be found on the site of the court or call the chancellery.
On the right hand side, include your information and the defendant’s information. This is the address, your full name and the phone number where the judge’s assistant can call you to notify you of the hearing date.
- The date and place where your marriage was registered. This information is on your marriage certificate.
- List all common children under the age of 18. Children could have been born during the marriage as well as before registration. The main thing is that they should be common. If you adopted a child during the marriage, you should list that too.
- Write the date on which you stopped living together and running a household. This will help the judge understand if you need to give you time to reconcile. The judge can give 1-2 months for reconciliation. But if you haven’t been living together for a year, then you can be separated even in one session.
- Indicate that you no longer plan to live together.
Now fill out the bottom part of the application. To do this, after the word – please, write your requirements. The most common requests are:
- Dissolve the marriage without reconciliation.
- Set alimony for a child in a fixed amount or as a percentage of income.
- Divide property, debts, loans, money in bank accounts.
- Set alimony for a child’s mother, if he is younger than 3 years.
- Establish a time for communication with the child for each parent, determine the weekend when you can take the child. And also decide with whom the child will spend the vacations.
At the bottom, put your signature and date. Now you can take the documents to court or send them by registered mail.
Remember that the requirements for the division of property you specify in a separate statement of claim, if you do not want to delay the procedure of dissolution of marriage.
For example, if you have an expensive property or mortgage, then it is more convenient to file a separate claim for division of property. And maybe after the court you will be able to come to an amicable agreement.
How the court for dissolution of marriage
Now briefly tell you what happens in the courtroom. First you have to set a date for the first hearing. You’ll be told about this in the summons or the judge’s assistant will call you.
If the spouses decide at the first hearing that they are ready to divorce, then the decision can be issued that same day. But you will have to wait another 30 days for it to take effect.
If someone can’t or doesn’t want to come in person, then a written consent to divorce can be drawn up. The application can be downloaded below.
If there is no change of heart by the second hearing, the court will likely grant the divorce.
If the second spouse will ignore the summons and does not come to court three times, then the marriage will be dissolved without his participation after the third court session.
Do I have to go to the registry office after receiving the court order?
After you receive a judgment of divorce, you must go to the registry office.
This is necessary to enter the fact of the dissolution of the marriage into the common database and obtain a certificate of dissolution. You must go to the Registry Office in the place of your residence or in the registry office where the marriage was registered.
Take the following documents with you:
- Passports of both spouses.
- The decision of the court on the dissolution of the marriage. The decision should have a blue seal, which is put in the office of the court.
- A statement that you want a certificate of divorce.
- A receipt of payment of the state duty from each spouse to obtain a certificate. In 2022, this duty will be 650 rubles. You can always find the exact amount in Article 333.26 of the Russian Tax Code.
- Enhanced qualified electronic signature of both spouses if the application is submitted through the state services.
The certificate of dissolution of marriage is usually issued on the day of application.
How to divorce a foreigner through court
According to our laws divorce with a foreigner is no different from a divorce with a citizen of the Russian Federation.
You need to submit the same documents that I told you about above. But all documents in a foreign language need to be translated and notarized.
Usually notaries themselves tell you which firm can do the translation.
If you registered your marriage in another country, then the marriage registration certificate must be translated and legalized under the laws of the Russian Federation.
How to declare a marriage null and void
If the marriage is declared invalid, then both spouses are released from all the responsibilities of the former spouses. For example, it will be possible not to divide the common property.
There are 5 situations where you need to apply to the court for a marriage annulment instead of a divorce petition.
If one of the spouses concealed that they were previously married and did not dissolve it . Often such situations occur with citizens of other countries. Our registry office has no way to check whether this person was married in their country or not.
Video on divorce through the court
Especially for you, we recorded a detailed video, which tells how to properly dissolve a marriage. Be sure to watch it:
п. 5 of Article 333.19 of the Tax Code
If there are common children under 18 years or one of the spouses does not agree to the divorce, then: the marriage is dissolved only in court
The order of dissolution of marriage
Any divorce process is a hard ordeal for a person, unless he has nerves of iron. The situation is more complicated when the disintegrating family has minor children. Through the registry office to formalize the divorce will not work, so there is an option – to go to court. We describe the divorce algorithm and rules for different situations. If you are interested, read the article to the end.
Contents of the article
- Divorce through the court with children: general points
- How a divorce proceeds if there is a child
- The procedure for divorce if there are no children: where to go
- Exceptions to the rules
Divorce through the court with children: general points
Divorce for spouses through the courts is one of the most complicated procedures in matters of family legal relations. In doing so, it is necessary to:
- Resolve issues with children,
- Deal with the division of property.
- In families of entrepreneurs to regulate the processes of business division.
This is an incomplete list of issues that spouses have to deal with when a family breaks up. Starting the divorce proceedings in court is the only possible option for the following cases:
- The presence of joint children under the age of 18. And the achievement of agreement between husband and wife on this issue is of no importance.
- One of the spouses does not agree to a divorce. Even if the family has not had time to have children during the marriage, this does not play a role.
Where do I file for divorce? If there are no disputes over minors, spouses will divorce through the magistrate’s court. This applies to simple divorce proceedings without dividing the children and jointly acquired property.
Pay attention! In other cases, in addition to the dissolution of the marriage, it is necessary to decide the fate of the children. Only the district courts have this authority.
How a divorce proceeds if there is a child
If the spouses have minor children from a joint marriage, through the registry office divorce will not work. And this is not affected by the lack of discord between the husband and wife in the issues of the future of the children. Here you need to prepare a claim for dissolution of marriage in court.
Pay attention! The third issue is usually taken out in court proceedings in a separate case, only the district court is authorized to decide it.
What issues does the court resolve in divorce proceedings?
In order to determine the future place of residence of a child who is 10 years old, the court may subpoena the child and ask his or her opinion on the matter. However, spouses can avoid this unpleasant process of questioning the children during court proceedings. To do so, they must agree between them in advance on all the intricacies involved in raising a child. Specifically:
If an agreement is reached prior to trial, it is recommended that a bilateral agreement be drafted and signed, notarized, and submitted to the court. With this option, the divorce process in court can become simply formal, as such a document for the court will be enough to make a decision.
Dissolution of marriage in court without children
In practice, there are often situations when the spouses do not have joint minor children, but one of them does not want a divorce, or evades a trip to the registry office. How to be in this case?
There is a variant, when a divorce through court without children and its peculiarities can take place:
- Applying with a statement of claim to a justice of the peace.
- The court is obliged to notify the spouse who evades divorce.
- The judge must notify the citizen or citizen of the place and time of the process.
- If the evading party, even after receiving notification, ignores and does not attend court, then Russian law allows the case to be considered without the evader.
In this case a court decision is made without his participation in absentia, the procedure for registration of documents after the decision enters into legal force, it has no effect.
The procedure for divorce if there are no children: where to go
This kind of issues are resolved in the courts at the place of residence of the defendant. In this case, this is the spouse, which is the subject of the claim. If the family has no children together, a divorce with a husband or wife takes place in a magistrate’s court at the place of residence of the defendant. However, in some families, difficulties may arise.
If the address where the defendant lives is unknown to the plaintiff, the petition can be filed at the last known place of residence.
In divorce proceedings, which court decides the issues? Everything about filing a lawsuit and the main features are summarized in Table 2.
When to file a petition to the court for divorce
There are children under 18 years of age and there is no disagreement about their future
One of the spouses declared section of property in the amount not more than 50 000 R. for each
One of the parties to the process does not come to the registry office or does not want a divorce
Parents do not agree about the future of the minors: who will live with whom, how the process of raising children until they reach the age of 18
the Court submitted a claim for division of property in an amount exceeding 50 000 rubles per spouse
If the court the claim for division of property and the issue of divorce are combined into one case, the claim will be considered by the district court, provided that the claim for an amount greater than 50 000 r. In this case, the filing of documents for divorce and the trial itself takes place in the court where the object of the division of the spouses is located. This is true only in the case if the property itself is divided in this process.
The procedure of dissolution of marriage through the magistrates’ courts
In order for it to go quickly, it is necessary to correctly draw up an application, collect all the necessary papers and know what stages of divorce through the court are to be passed. If there are mistakes or incomplete documents, should be left without movement until the inaccuracies and completeness of the composition of the papers are corrected. For this reason, the procedure can drag on for a long time.
Actions in a divorce through the magistrate’s court are as follows:
- Attempt to negotiate with the other party.
- Gain confidence that there is an agreement about the children.
If you can not – agree with the second spouse to appear in court, you must:
- prepare a statement of claim;
- collect all the papers to be submitted to the court along with the claim;
- submit the documents for registration of divorce through the court together with the statement of claim.
In the procedure of dissolution of marriage through the justice of the peace is some of the peculiarities of non-standard situations. Consider them further below.
Exceptions to the rules
Article 19 of the Family Code contains a list of conditions under which it is possible to divorce in the registry office at the place of residence, for example, the mutual consent to divorce of spouses who have no minor children in the marriage. If there is at least one child under 18 years of age, the marriage can be dissolved only by going to court.
However, the Family Code of the Russian Federation sets out a number of exceptions:
- One of the spouses is recognized by a court as missing or incompetent.
- Has been convicted for a crime committed for more than 3 years and at the time of the decision about divorce is in places not so remote.
In the presence of one of these facts, the marriage can be dissolved in the registry office. The presence of the spouses of common children, who have not yet turned 18 years old will not be an obstacle.
The form of the application for dissolution of marriage on form No. 11 for cases, when the second party to the process is recognized by the court as legally incompetent, missing or sentenced to imprisonment up to 3 years.
The most difficult situation is when there are common children in the family. Preparing for a divorce, it is necessary to take a responsible approach to the collection of documents.
To exclude the loss of time, it is better to turn to specialists who have already had a hand in such processes. They can be entrusted, in addition to the preparation of papers, representation in court.
What documents are needed for the magistrates’ courts
Spouse or spouse, when applying to the court, fill out and submit a statement of claim, drawn up in 2 copies. The application form for dissolution of marriage by mutual consent of the parties on form No. 9.
The claim for divorce shall be accompanied by the basic papers listed in Table 1.
List of documents for divorce by court order
Copy of passports of husband and wife
Certificate of marriage
Photocopy of birth certificates of children under 18 years of age
Receipt of payment of state duty (original)
In some cases, the basic package may be supplemented by a statement of earnings of the spouses, medical certificates, documents of purchase of inventories, etc., sometimes reduced. Specified in Table 1 – mandatory for submission to the court in the dissolution of marital relations.
How to apply for a divorce without a marriage certificate
If for some reason the spouses do not have a marriage certificate, the law provides for several options for solving the problem:
- File a petition for divorce with a simultaneous petition for the court to reclaim the marriage certificate from the former spouse if they were unable to obtain the proof on their own, for example, the registry office refused to issue a second certificate.
- Obtain a second certificate if it has been damaged or lost.
After that, you can go to the registry office or the court with an application for divorce, presenting it instead of the original. It will have the same legal effect as the original marriage certificate.
Damage, loss or inability to return a document held by one of the spouses cannot be an obstacle to the dissolution of the marriage union.
How do I file for divorce if there is a plaintiff’s claim for alimony?
If there are property claims in the lawsuit, it is necessary to provide the magistrate court with a detailed list of jointly acquired property, as well as all evidence that proves ownership of the objects.
To make no mistake, download a sample of a divorce petition to court here. By referring to it, you will be able to file for divorce.
If you decide to protect their own rights and interests, remember that you act at your own risk. If necessary, contact lawyers who specialize in this case.
What are your options for filing a lawsuit in court?
For people who live in urban areas, a lawsuit can be filed either online or on paper. Accordingly, any of the 2 options is chosen:
- Send the petition to the court’s email address with attachments at any convenient time.
- Handed over personally by the plaintiff of the whole package of documents to the Secretary of the court.
To submit an application for divorce on the 2nd option are set working days: Monday through Friday.
The first method is sometimes inappropriate for small settlements, where courts may not have the technical capacity to print the plaintiff’s file sent electronically.
How to file for divorce through the MFC
The multifunctional center is an intermediary between Russians and state institutions. Through the MFC, it is possible to file documents for divorce in the registry office. When choosing this option, the situation must meet the requirements established for divorce proceedings in this state agency.
- Gather the documents, which correspond to the register of filing in the registry office.
- Pay the state fee.
- Attach the original check or receipt to the paperwork.
- Go to the MFC, take a coupon.
- When the turn comes, give the employee the collected package of documents.
- Choose a territorial Registry Office.
- After checking the documents, the operator will open the case.
- Get a receipt stating that you have received the paperwork.
After 30 days, you need to come to the registry office and get a new certificate, but already for the dissolution of marriage.
How to properly apply for a divorce in court with division of property
Here we should take into account that the property or other material items acquired before the marriage, are not considered to be jointly acquired. Consequently, such property is not subject to division. The same applies:
- to the gifted,
- received as an inheritance,
- Property belonging to a minor (according to documents).
Personal effects are not divided in a divorce. The principle of equality is taken into account in the division of marital property. Spouses in an equal amount (50% each) have the right to claim property.
You can challenge not the entire property, but a particular piece of real estate.
The statement of claim is filed in court at the place of residence of the defendant. There are 2 options for applying to the court for property disputes:
- At the same time in a divorce.
- Within 3 years from the date when the plaintiff knew or should have known about the violation of his rights of divorce.
If the former spouse lives far away, and the plaintiff has a child under 18 years, or the state of health does not allow to travel to the place of residence of the defendant, then you can choose a court near your home to file a claim.
Case law on divorce proceedings
Let’s look at the actual court decision No. 2-771/2020 dated 10/220 2020, which dealt with a lawsuit that came to court from a spouse on his wife. The plaintiff requested that the marriage be dissolved and that the joint daughter’s residence be determined. Highlights:
- They had lived as a family together for about 2 years.
- Three years ago the wife went to her mother and the child stayed with him.
- Since that time, the couple did not have a household together and they no longer had a marital relationship.
- The man stated that he had tried several times to bring his wife back into the family, but was unable to do anything.
By the time he filed his petition with the court, he was already with another woman and wanted to register a formal relationship with her. Therefore, he asks the court to dissolve the former marriage. In addition:
- There are no disputable issues about the division of property, child rearing between them.
- His financial situation allows him to bring up his daughter until her full age.
The court considered the circumstances specified by the plaintiff, and then made a decision to dissolve the marriage. The spouse’s petition for a determination of the daughter’s place of residence at his address was granted. The mother was granted the right to see the child on Fridays at the time set by the court.
Russian law prescribes equality of the sexes, and the same is true in the Family Code. Therefore, there is no difference who first: the husband or wife files for divorce. It depends on who wants to end the relationship the most. The exceptions are if you are pregnant and have a child under 1 year old.
Now, the length of the proceedings depends on whether either spouse has any claims about the division of property. Usually there are one or two hearings two weeks apart or you have to wait for the 3 months allotted for reconciliation. It is necessary to give the husband and wife time to think. Applies when one of them does not agree to divorce.
Russian law prescribes not only procedural points. The timeline for divorce cannot be shortened, it is regulated. If you start the process, try to avoid unnecessary delays, then usually divorce quickly. Courts hear the case within 2 weeks, but in less than a month a divorce decree cannot be issued. Overall, the entire procedure can take up to 2 months.
If either spouse is not currently living where the husband or wife resides, then the petition is filed unilaterally through the local court clerk’s office. It is necessary to have your passport, a copy of the claim must be sent to the party involved in the process.
Let’s go over the key points of the article, in which we told about how to process a divorce of spouses. The divorce process is hard for each party. If the family does not have a child together, the spouses will be divorced in the registry office. However, there must be an agreement between them.
Usually the one who wants the divorce the most will file for divorce. When one of the spouses does not want a divorce, the divorce will take place in court. If they ignore the notice to appear in court, the court may dissolve the marriage in absentia. Our editorial board has painted the stages of the dissolution of marriage. We hope that the material for you was useful.