How long after you can get a divorce – get to know the question

At liberty and quickly: how long after marriage can a divorce be filed?

Hardly anyone thinks about divorce on their engagement or wedding day. Usually at this time the couple is incredibly happy and making plans for the future. It happens that after some time, both begin to realize that they made a fateful mistake and they had better part as soon as possible.

How long after the wedding can I divorce?

To hear a proposal of marriage from their beloved dreams of the overwhelming majority of girls. A beautiful dress with a veil, the fanfare of a cortege of cars and a feast in a restaurant, where everyone will give gifts – dreams that were destined to come true after all.

Invited guests wish the young couple many years together and leaving this world on the same day. No matter how sincere these congratulations are, no one can give guarantees of their implementation.

It happens that the very next day after the celebration the newlyweds want to divorce. There may be several reasons for this:

  • absolute incompatibility of characters;
  • The discovery of an unsightly secret of one of the spouses (adultery at a bachelor party or hen party);
  • Establishment of a close degree of kinship, which was not known before signing the marriage certificate.

Another reason for breaking up a union is a fictitious marriage for profit.

Usually even before its conclusion by both parties all the nuances are stipulated, so there is no friction during the dissolution. The Family Code of the Russian Federation does not prescribe time limits for submission of documents for divorce after the conclusion of a union, so you can go for dissolution of marriage even on the next day.

The only mandatory requirement is a certificate of registration of the marriage in paper form. If the decision is mutual, and there are no joint children, then the spouses need to come to the registry office with the original copies of the relevant documents (passport of both husband and wife, marriage certificate) and pay the mandatory state duty.

In case of refusal of one of the spouses application for divorce is filed in court.

The law prohibits divorce on the initiative of the husband (Family Code, Art. 17) in two cases:

    ;
  • A newborn child under the age of 1 year.

Such restrictive norms provide protection for a woman who is expecting a child or has just learned motherhood. In addition, during this time, spouses can “get used to” each other and find common ground in order to keep the family together.

Reasons for the hasty dissolution of the marriage can be many, because everyone’s story is different. A conscious mistake of the concluded union will allow both partners to find their happiness in other relationships. Worse, if the newlyweds will not be able to make this decision and will torment each other with mutual recriminations to the grave.

How long does the divorce process take?

As they say, the divorce process is not the same as the divorce process. Each case has its own peculiarities that can significantly affect the length of the divorce.

The fastest and most “painless” will be a divorce between the spouses who have managed to maintain mutual understanding between them. Any disagreement about joint children or division of property can add time to the divorce process.

Spouses can be divorced by two public authorities:

  1. CIVIL REGISTRY OFFICE. In this institution can dissolve the marriage only in two cases (Family Code, Article 19) – the mutual consent of the spouses and the absence of children under the age of 18 years. At the time of filing an application to the plaintiffs is specified date of termination of marriage, which should not be later than one month;
  2. Court . If the spouses have agreed on who the children will live with, and who will get what property, then in a month the judge will take it to production, and in 10 days it becomes legally valid. Any disputes increase the time frame of the divorce process. The maximum time from filing to the legal breakdown of the union is three months. Spouses may not reach consensus on contentious issues during this period, so it is likely that they will continue litigating in other statuses.

There are situations that provide for a simplified divorce procedure without the consent of the other half if one spouse:

    ;
  • Missing, with a court order; .

One month after filing the petition, the petitioner arrives at the state divorce proceedings and receives the appropriate divorce decree.

A divorce can proceed in a healthy environment if the spouses have been able to reach an agreement. But for irreconcilable disputes in court, it is better to involve lawyers with a good legal practice.

How to quickly arrange a divorce from the husband/wife after marriage?

The desire for the quickest possible release from the bonds of marriage pushes spouses in search of an instant solution to the problem. Unfortunately or fortunately, the law does not allow for divorce at the second one or both partners decide to get divorced.

The shortest time to get a divorce is one month . It requires the consent of both spouses and no children under the age of 18. If the couple fits this description, then feel free to go to the registry office.

In court, the same procedure may take up to two months. These terms imply the most favorable conditions when neither spouse has any claims. If the plaintiff refuses to divorce, or if there are children or no agreement on the division of property, the divorce process can drag on for months.

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Conciliation period in the dissolution of marriage and the grounds for its cancellation

Termination of marital relations is quite a serious step for a family. This is especially true when the spouses have lived together for decades. True, the long term under one roof does not guarantee a joint coexistence of a couple to a ripe old age.

In the life of one of the spouses may come a new love, dissatisfaction with their role in the marriage, the regular infidelity of the other half, separation and many other reasons.

One of the companions in such a situation may be perfectly happy, while the second will not put up with the situation and submit documents for divorce. During the hearing, the initiator of the divorce will demand the earliest possible dissolution of marital ties, and the defendant may ask for a delay.

In such a situation, the judge will give the couple the opportunity to restore marital relations, relying on the law. Article 22(2) of the Family Code provides for a conciliation period of up to three months if one of the spouses does not consent to the divorce proceedings.

The decision to divorce may come to one of the spouses in a fit of indignation, so the state gives a chance to weigh again all the pros and cons during the conciliation period.

The spouse who wants to end the marriage must, during this period, realize the seriousness of the event and find ways to mitigate the conflict. The judge listens to the claims of one side and the arguments of the other.

If there is even the slightest possibility of avoiding the breakdown of the union, a period of reconciliation is set, which can last either one or two months. During the courtroom session, the spouses are issued summonses with a date and time for the next hearing.

The judge’s decision cannot be appealed, so one and the other party must make a fairly convincing argument during the hearing. In cases where the divorce initiator’s reasons are compelling enough, and the judge still sets a time limit for reconciliation, there is an opportunity to overturn his decision.

Grounds for setting aside the reconciliation period can be:

  • A prolonged separation of the plaintiff and defendant; (not the plaintiff’s)
  • Plans to get married as soon as possible to a new lover (beloved).

Any arguments that show the absolute impossibility of restoring the marriage are sufficient reason not to grant a period of conciliation. If the judge still grants a continuance, a complaint can be made to the qualifying board or to the president of the court.

Appointing a conciliation period inspires optimism in the defendant, giving him or her a chance to restore the family. In some cases, it does become possible, the spouses abandon the divorce action.

If reconciliation is not possible, neither the defendant nor the court can keep the plaintiff in the marriage. Three months is the maximum period that the court can impose, and after it expires, the plaintiff will have his or her desired freedom.

Divorce is not always destructive. In cases where staying together becomes a daily torture, divorce becomes a release from the torment, as well as an opportunity to create two new happy families.

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Terms of the dissolution of marriage through the court: how long is the divorce

Article 154 of the Civil Procedure Code prescribes the terms of divorce through the court. According to this article the justice of the peace is to pronounce judgment on the case one month after the registration of the claim. However, sometimes the process is delayed. In such a case, the legislation has approved the maximum and minimum terms for extending the proceedings.

Contents of the article

  1. Term of divorce in the magistrates’ court
  2. Duration of divorce through the district court
  3. Circumstances affecting the increase of the term of divorce
    1. Presence of minor children
    2. One of the spouses against divorce
    3. Property disputes
    4. Absence of one of the spouses
    5. Violation of jurisdiction
    6. Ban on divorce
    1. Step 1: Determination of jurisdiction
    2. Step 2: collecting documents
    3. Sample application
    4. Step 3: Court hearing
    5. Step 4: registering the divorce

    Term of divorce in the magistrates’ court

    Claims for dissolution of marriage are heard in the justice of the peace or the district court. The first body is entitled to decide if the essence of the application relates to the following issues:

    • one of the spouses is against the divorce;
    • husband and wife have minor children, but do not argue about the place of their future residence;
    • during the divorce process the spouses divide property, the value of which does not exceed 50 thousand rubles per husband and wife.

    A justice of the peace must consider the claim and make a decision within 1 month after registration of the application.

    Based on Article 22 of the Family Code of the Russian Federation, the court may grant the spouses a three month period for reconciliation at its sole discretion. For this time the proceedings in the case are postponed.

    Duration of divorce through the district court

    If parents are unable to decide with whom their underage children shall live in the future or if during dissolution of marriage the judge divides property with value over 50 thousand rubles for each spouse, the district court shall consider the cases of divorce.

    The district judge is obliged to divorce the spouses within two months after registration and acceptance of the claim.

    Please note! The court decision on dissolution of marriage shall enter into force one month after its adoption in final form, if it is not appealed, or after consideration of an appeal.

    Circumstances affecting the increase of the term of divorce

    Occasionally, a divorce through the court may be delayed. Procedural time limits are extended due to the following circumstances:

    • the parents cannot determine with whom the young children will live and require additional research, such as forensic psychological examinations;
    • one of the spouses does not want a divorce and asks the court to give time for reconciliation;
    • the defendant evades the dissolution of marriage, does not come to the court hearing;
    • the husband or wife appeals or overturns the decision of the court;
    • violation of jurisdiction.

    To dissolve the marriage as soon as possible, lawyers recommend that the parties in advance to discuss all issues.

    Avoid problems with the increase in procedural terms of the divorce is possible by correctly built strategy. For this you need to get acquainted with the intricacies of the existing family and civil legislation. If necessary, you can consult a lawyer.

    Presence of minor children

    According to Article 23 of the Family Code, if the question of divorce is resolved by a justice of the peace, the decision is issued within one month after the application is accepted. Another month is given for it to enter into legal force. The term of a divorce through the court with children directly depends on the special circumstances.

    If the parents can not independently determine with which of them will live minors, the marriage is dissolved in the district judge. In this case, the time limit for resolving the issue increases to two months.

    Sometimes, in the process of fighting for children, spouses resort to different methods, such as trying to prove the mental instability of the husband or wife. Then the judge orders a forensic examination. The proceedings are held overnight, and the decision-making process automatically takes several months longer.

    One of the spouses against divorce

    To understand how long it takes to divorce the spouses through the court, who have minors or no children, it is necessary to refer to the norms of the current legislation.

    “According to Article 23 of the Family Code, its minimum value is 1 month, but the period increases, for example, if one of the spouses is against the divorce.”

    A party can simply avoid the trial, not come to the hearing, or ask the judge for time to reconcile.

    In the first case, the hearing is postponed twice. At the third hearing, the judge makes a decision in absentia. If the husband or wife asks for reconciliation, the family is given 3 months to resolve the issue.

    Property disputes

    It is possible to divide the property jointly acquired by the spouses, worth more than 50 thousand rubles for each of them, during the divorce process. Then the marriage is dissolved in the district court. The term for resolving the issue is 2 months.

    In order that the period of the divorce due to property disputes is not delayed, lawyers recommend that an independent valuation be carried out in advance. This is necessary in order to the other party in the process of consideration of the case did not insist on the expertise.

    Absence of one of the spouses

    How long the divorce through the court, directly depends on the responsibility of the parties. If the defendant does not come to the meeting, the hearing is postponed to another date. This is done two times. The third time the judge issues an absentee decision. But the defendant can cancel it within a week without any consequences. One statement is enough for that. Then the plaintiff will have to restart the process.

    Violation of jurisdiction

    Sometimes it is only possible to get a divorce through the court. Deadlines are regulated at the legislative level, but if the plaintiff violates jurisdiction, the period increases. This time is necessary in order to send the case to a judge who is competent to decide such issues.

    Example from practice:

    A.A. Semenova filed a lawsuit to a justice of the peace for a divorce with her spouse Semenov P.R., in which she asked to divide the jointly acquired property between them. In the course of the proceedings it turned out that the value of the property of the Semenovs is 500 thousand rubles, which is more than 50 thousand rubles for each of them. The magistrates’ court does not have the right to resolve such issues, so the claim was transferred to the district court for consideration.

    According to the rules, the magistrate has the right to divorce spouses who do not have children, or do not dispute about the place of their future residence, and also do not divide property or the value of the property does not exceed 50 thousand rubles for each of the spouses. In all other cases the district court shall adjudicate.

    Ban on divorce

    According to Article 17 of the Family Code a spouse has no right to get divorced without the wife’s consent if she is pregnant or there is a newborn baby up to a year in the family.

    In such a case, the plaintiff will be denied the divorce. Resume the process only after the baby is 1 year old or a man can prove that he is not the biological father of the child.

    The procedure of divorce through the court with an indication of the terms

    To issue a divorce through the court, if the family lived without children, is much easier, as there is no need to consider the interests of third parties (minors).To determine how long the divorce process between spouses through the court can be by performing small mathematical calculations, step by step disassembly of the procedure.

    Step 1: Determination of jurisdiction

    In the first place, determine in what court to apply – the world or the district court. This can be done during the preparation of documents and the drafting of the claim.

    Step 2: collecting documents

    If the spouses are divorced through the court, the list of documents for the dissolution of marriage is expanded. The plaintiff will need to:

    1. Write a statement of claim according to the form established by Article 131 of the Code of Civil Procedure of the Russian Federation.
    2. Make a copy of the civil passport. Certify the document at the notary’s office is not required.
    3. Make a photocopy of your marriage registration certificate. If you do not have this document, it is advisable to take a certificate from the Registry Office in advance.
    4. If the plaintiff has children’s birth certificates, you must also prepare copies.
    5. In the event that during a divorce decides the issue of division of property, you will need documents that reflect the composition of property and its value.
    6. Receipt about payment of state duty. Its size is regulated by Article 333.19 of the Tax Code of the RF and amounts to 600 rubles.

    Please note! It is possible to collect a package of papers and submit them on the same day. But sometimes the plaintiff may have difficulties with the preparation of a complete list of documents, then the term is delayed for an indefinite period of time.

    Sample application

    Term of consideration of a divorce in court depends directly on the correctness of the statement of claim. If it does not contain all the data, the court will refuse to accept or consider it. It is necessary to prepare a claim under the form regulated by art. 131 of the Civil Procedural code of the Russian Federation. In order not to make a mistake, you can use a sample or simply fill out a pre-prepared blank document.

    Step 3: Court hearing

    Upon receipt of the claim, the judge shall, within 5 days, initiate proceedings and set a date of the hearing, of which the parties shall be notified by summons.

    The magistrate’s court holds a hearing within one month of accepting the petition and the district court within two months, after which the judge issues a ruling that comes into effect 30 days later.

    Step 4: registering the divorce

    After receiving the court’s decision, the plaintiff can register the dissolution of marriage and obtain a certificate. The period of consideration of documents in the Registry Office is one working day.

    How much time is given to appeal against the decision of the court

    How long will divorce the spouses through the court, directly depends on whether the parties will appeal against the court decision. This is given for 1 month. Another 7 days provided by the legislation for the cancellation of the decision, if it is taken in absentia.

    Case law

    Kovalev P.D. filed a lawsuit in the magistrates’ court for divorce from Kovaleva VV. The hearing was held in 2 weeks after the acceptance of the application. At the hearing, the wife stated that she wished to preserve the family and asked for a period of time for reconciliation. The judge granted the defendant’s request and postponed the divorce for three months. After this time, the court scheduled a second hearing, at which the plaintiff again insisted that the marriage be dissolved. The defendant was against it, but the judge divorced the couple anyway.

    Frequent Questions

    The application for divorce is considered within a month after its filing, but you can register the dissolution of marriage only after the entry into force of the decision (a month after its adoption). It should be noted that a reasoned decision is issued within 5 days after the pronouncement.

    If the spouses do not argue about the place of residence of children, the marriage is dissolved in a month. If the husband and wife have questions about determining the place of residence of minors, then the issue will be resolved in the district court in 2 months.

    If there is certainty that the party is purposely delaying the dissolution of the marriage, it is worth discussing this issue with her individually. The judge will decide within the time allowed by law.

    Reduce the period of consideration of the claim for dissolution of marriage is possible only if both parties agree to divorce and do not have claims against each other. The law regulates that the world court is obliged to solve the problem in a month, and the district – after 2 months, but may have earlier. It all depends on the workload of the judicial body, as well as the complexity of the issue. To avoid problems, it is recommended to consult in advance with a lawyer who will help build a strategy, and if necessary, will represent the interests of the plaintiff in court.

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