Order of the dissolution of marriage
Depending on the circumstances surrounding the divorce, the dissolution of the marriage is performed either by the civil registry office (hereinafter – the registrar), or the court.
Divorce through the registry office is carried out:
at the initiative of any of the spouses, if the other spouse is recognized by the court as missing, recognized by the court as incapacitated, or convicted of a crime to imprisonment for a term exceeding three years.
Divorce through the court is carried out:
In the event that either spouse, despite his or her lack of objection, evades divorce through the registry office.
Divorce by Registry Office
Divorce through civil registry office is carried out on the basis of a joint statement of the spouses or application of one of them, if the other spouse declared by the court missing, declared by the court legally incapable, or convicted for committing a crime to imprisonment for a term exceeding three years.
Joint statement or a statement of one of the spouses on divorce is filed at the registry office at the place of residence of the spouses (one of the spouses) or at the place of the state registration of the marriage.
By a joint statement on divorce the husband and wife confirm the mutual consent to divorce and the absence of their mutual children who have not reached the age of majority. A joint statement on divorce must contain the following information:
last name, first name, patronymic, date and place of birth, citizenship, nationality (to be specified at the request of each spouse), home addresses of each spouse;
Spouses who wish to divorce, sign a joint statement and indicate the date of its preparation.
Divorce through the registry office and its state registration is carried out in the presence of at least one of the spouses on the expiry of one month from the date of filing by the spouses of the joint application for divorce.
In the event that any of the spouses declared by a court as missing, recognized by a court as legally incapable, or convicted of a crime to imprisonment for a term exceeding three years divorce is carried out on the application of one spouse (mutual consent is not required). The application for divorce in this case must include:
surname, first name, patronymic, date and place of birth, citizenship, nationality (to be specified at will of the applicant), home address of the spouse who wishes to divorce;
Surname, first name, patronymic, date and place of birth, citizenship, last known place of residence of the other spouse;
home address of the guardian of an incapacitated spouse or the administrator of the property of the missing spouse or the legal address of the executing institution in which the convicted spouse is serving a sentence.
A spouse wishing to divorce through the registry office, signs a statement and indicates the date of its preparation. At the same time with the divorce application is submitted:
A court decision to declare the other spouse missing or incompetent, or a court verdict convicting the other spouse to imprisonment for more than three years;
State registration of the fact of divorce on the application of one of the spouses shall be made in his presence on the expiry of one month from the day of filing the application on divorce.
Forms of applications for divorce are available in each registry office and can be issued at the request of the spouses.
Divorce through the court
Divorce through the court is carried out on the basis of a petition of one of the spouses.
The statement of claim for divorce through the court shall be executed in writing. In the application in the obligatory order shall be specified:
To the statement of claim for divorce shall be attached:
Documents on earnings and other sources of income of the spouses (if the claim is for the recovery of alimony);
a Claim for divorce is, as a General rule, is filed in the court of residence of the defendant. a Lawsuit for divorce with a person whose place of residence is unknown, may be brought at the option of the plaintiff, that is, according to the last known place of residence of the defendant or the location of his property, and when the plaintiff is with minor children or where the departure to the place of residence of the defendant for him for health reasons is difficult – at his place of residence. Cases of divorce, if there is no dispute between the spouses about children, are considered by a justice of the peace, if there is such a dispute – the district (city) court.
Divorce through the courts is carried out in cases where further life together and the preservation of the family is impossible.
When considering a case of divorce in the absence of the consent of one of the spouses to divorce, the court may take measures to reconcile the spouses and is entitled to postpone the proceedings by giving the spouses a period for reconciliation within three months.
The period appointed for conciliation may be shortened if the parties so request and if the reasons indicated by them are recognized by the court as valid.
If after the expiration of the period appointed by the court, the spouses have not reconciled and at least one of them insists on a divorce, the court shall dissolve the marriage. In this case, the court is obliged to:
at the request of the spouses (one of them) to produce a division of property in their joint ownership;
at the request of a spouse who is entitled to receive maintenance from the other spouse, to determine the amount of this maintenance.
If the division of property affects the interests of third parties, the court has the right to separate the claim for division of property in separate proceedings.
Remember, at any stage of the divorce process “Law office for family cases Antonov and partners” is ready to provide You with legal support. Call us by phone in Samara 212-99-71 right now and sign up for a consultation at a convenient time for you.
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The order of dissolution of marriage through the Registry Office and the court
In this article we will consider the order of divorce, the necessary documents, the stages of the process in the dissolution of marriage in the registry office and through the courts, as well as tell you how to file for divorce in case of disagreement with the other spouse.
Divorce, in accordance with the Family Code of the Russian Federation, can be carried out both in out-of-court (divorce in the registry office), and in court (filing for divorce through the court).
A wide variety of life situations can lead to divorce, but the most common are:
the spouse has lost interest in each other;
the spouse has met the other person;
Disrespectful attitude of one spouse to the other (in particular, beatings);
being (most often, the husband) in prison, etc.
Dissolution of marriage may occur either by mutual consent of the spouses, or only at the request of one party.
According to statistics, the second option occurs more often, and in most cases of divorce is filed by the wife.
With the mutual consent of husband and wife, divorce usually proceeds without any complications.
If there are minor children, one of the spouses is against it or plans a division of movable and immovable property, the divorce procedure is much more complicated.
How to file for divorce through the registry office
the Order of dissolution of marriage in an extrajudicial procedure is simple enough, the spouses need only submit an application to the Registry Office, and its employees do not consider the circumstances that led to the divorce, do not review the evidence, do not interview witnesses.
The duration of the divorce process in this case is, as a rule, a little more than one month.
Apply for a divorce through the Registry Office is possible only if the following conditions are met:
The family has no minor joint children, including adopted children, which is confirmed by the relevant documents.
Neither of the spouses object to the divorce, as evidenced by a joint written statement drafted on the prescribed form.
This statement may be filed as at the place of the state registration of marriage, as well as at the place of residence of the spouses, or one of them.
If one of the spouses for a good reason (this may be a long trip, service in the army, serious illness, accommodation in remote areas, etc.) can not personally appear in the registry office, it is permitted to prepare two separate applications for divorce, in which the signature of the absent spouse must be certified by a notary.
Of the conditions discussed above, allowing for the dissolution of marriage in the Registry Office, there are a number of exceptions.
So, to submit to divorce through the registry office, even in the presence of common minor children in the family, at the request of one of the spouses is possible in the case if the other spouse:
Sentenced to imprisonment for a term of more than 3 years for a crime committed.
Recognized by a court decision of incapacitated.
Recognized as missing in the court order.
The order of dissolution of marriage in the registry office is as follows:
Spouses submit an application for dissolution of marriage.
This application can be submitted including through the portal gosuslugi.ru.
In accordance with existing Russian legislation spouses are given a month “for reflection”, the countdown of which begins on the day following the day of submission to the registry office of the application for divorce.
And only after the expiry of the above-mentioned period by the employees of civil registry office can be made a state registration of the dissolution of marriage (divorce), and already ex-spouses issued certificates of dissolution of marriage.
In cases where the end of the above-mentioned term falls on a non-working day, the day of its end is considered the next working day after it.
If within a month of the application for termination of marriage is not withdrawn, the employees of the Registry Office made the corresponding entry on the dissolution of the marriage, the former spouses are issued a certificate of dissolution of marriage, and in their internal passports is stamped on the dissolution of the marriage.
Please note that if the former spouse after the divorce returns his premarital surname, his passport of a citizen of the Russian Federation becomes invalid and must be replaced due to a change of surname on the dissolution of the marriage.
We talked about the procedure for replacing the passport here, see documents for replacement here.
Marriage dissolution procedure in court
Dissolution of marriage in court is carried out in the following cases:
If one of the spouses does not agree to dissolve the marriage.
In case if both spouses are not against the divorce, but one of them evades appearance in the registry office, for example, refuses to submit an application for divorce.
the Presence in the family of common minor children, except in cases of recognition of the other spouse as missing in court, conviction for more than 3 years, the recognition by court of the incapacity.
In the last three cases of dissolution of marriage is carried out through the registry office, as described in detail above.
The order of dissolution of marriage in court depends on the situation, for example, whether the other spouse to divorce, whether there are differences regarding the further education of common children, etc.
The claim for divorce, depending on the specific situation may be filed in a Justice of the peace (for example, if the spouses have minor children, but there is no dispute about the order of upbringing of their children), or in the court of general jurisdiction (for example, if the spouses have a dispute about the order of upbringing of minor children).
A petition for divorce is filed in court:
at the place of residence, or at the location of the property (if the exact place of residence is not established) of the defendant;
at the place of residence of the plaintiff – by mutual consent of the divorcing spouses, if his health condition does not allow to come to court at the place of residence of the defendant or minor children are registered (actually live) with him.
The statement of claim for dissolution of marriage must be compiled properly, competently and concisely.
As a reason for filing a statement of claim you can specify the following facts: as a result of the conflict marital relations between the spouses ceased, the common household from the specified time is not conducted, further life together has become impossible, etc.
If both spouses agree to divorce, the reason for the divorce may not be specified, but from the defendant in this case will require a notarized statement of consent to divorce.
The following documents must be attached to the petition for divorce:
Original certificate of marriage.
Copies of birth certificates of children.
Certificates of wages of the plaintiff and the defendant.
Reference from the place of residence of the defendant, if the claim is filed at the place of residence of the defendant or a certificate of residence of the plaintiff, if the claim is filed at the place of residence of the plaintiff.
Duly certified statement of the defendant, which proves consent to divorce.
This document is not mandatory, but in the presence of his defendant may not appear in court.
If the defendant does not provide a statement, he must personally appear in court and certify that he agrees to the divorce.
Receipts of payment of state duty.
The order of dissolution of marriage in court:
One of the spouses – the plaintiff submits an application for divorce and the attached documents to the court.
Together with the application for divorce in court are usually filed claims for the recovery of alimony, child custody and division of property.
However, these claims can be filed after a judgment of divorce has been rendered as part of a new case.
Read about how to make a claim for child support in this article, about the procedure for dividing the property of former spouses, we wrote here.
The court appoints the date of the court hearing (if the package of documents was executed correctly and accepted by the court for consideration).
This date may be set no earlier than one month after the filing of the divorce petition in court.
The plaintiff and defendant are notified about the time and place of the court session by summons.
It is quite possible to dissolve a marriage in one court hearing. This refers to situations where the consent of the spouses to divorce is mutual, i.e. the defendant has no claims on his or her part and does not object to the lawsuit being filed.
Otherwise, the court may impose a period of reconciliation between the spouses, which may last from one to three months, depending on the situation, as will be discussed below.
Finally, the decision may be postponed several times at the request of either spouse, but the total period of postponement may not exceed three months.
Postponement of the court session is possible in the absence of the defendant (his legal representatives), but in case of his third failure to appear without a valid reason, the court has the full right to fully satisfy the demands of the plaintiff.
If none of the spouses (or their representatives) did not appear at the court session, the divorce process is terminated, and the case for dissolution of marriage is considered closed.
Please note, that at a court hearing on the dissolution of the marriage is not necessarily present spouses, instead of them can do this the representative – a professional lawyer for family matters – family lawyer.
Adoption of a court decision on the dissolution of the marriage.
The court decision comes into force 10 days after it has been made. The period of 10 days is given to appeal against the decision of the court.
After the entry into force of the decision of the court spouses become ex-wives with all the ensuing consequences.
After the entry into force of the decision of the court on dissolution of marriage, the court is obliged within three days to send an extract from it to the Registry Office at the place of the state registration of the marriage and is in the registry office is a further registration of the divorce.
Former spouses may apply to the Registry Office after the entry into force of the court decision to obtain a certificate of dissolution of marriage, which is issued in two copies – one for each ex-spouse.
How to file for divorce if the other spouse does not agree to the dissolution of marriage
As mentioned above, if one spouse disagrees to a divorce, the court has full authority to:
To take measures to reconcile the spouses.
Measures to reconcile the spouses are not an obligation, but a right of the court in cases where, in the judge’s opinion, the divorce action is the result of an accidental or temporary breakdown in the family.
Reconciliation measures may be taken either during the trial or in preparation for the trial.
Postpone the hearing of a divorce case by setting a period of time for the spouses to reconcile (not exceeding three months).
If at the expiration of this period the spouses have come to an agreement, the proceedings for dissolution of marriage is terminated.
Otherwise, in particular if:
measures to reconcile the spouses (if any) have failed;
one of the spouses insists on divorce;
the preservation of the family and further life together of the spouses is impossible
there is a dissolution of marriage in the order, in detail discussed above.
the Video below, is dedicated to the legal and documentary side of the dissolution of marriage through the registry office and in court.