How to get a quick divorce if there are children?

How to get a quick divorce?

The decision to dissolve the marriage should be taken consciously and without haste. However, spouses often want to go through the statutory procedure as quickly as possible. In this article we will tell you how to get a quick divorce, under what circumstances it is possible to do through the registry office, and in what cases one cannot avoid the court process, what measures to take to minimize its duration.

If you have any questions, you can consult for free in the chat with a lawyer at the bottom of the screen or call 8 (800) 302-57-35 Free call for the whole of Russia.

This article will tell you:

Ways to dissolve a marriage

Current law provides two ways to dissolve a marriage – in the registry office or in court. What way will take advantage of the spouses depends not only on their desire, but also from a number of circumstances.

the Procedure of divorce through the registry office is quite simple and does not require the collection of a large list of documents. The court process may drag on, especially in cases where there is a dispute between the spouses about child support, living with one of the parents or the division of joint property.

How to quickly obtain a divorce through the registry office?

Dissolution of marriage through the registry office – the fastest and easiest way. However, not everyone will be able to use it. Get a stamp on the divorce is possible only if the following conditions:

  • both spouses do not object to the termination of marital relations;
  • No joint minor children;
  • The spouses do not have mutual claims on the issue of division of property.

If there are no circumstances that prevent divorce by mutual consent, the husband and wife need:

  1. Before visiting the registry office, each spouse should pay the state duty in the amount of 650 rubles.
  2. Prepare passports, marriage certificate and receipt of payment of state duty.
  3. To come to the registrar to submit the application. The form of application is approved and you can fill it out in advance, but the parties must put their signatures in the presence of an employee of the Registry Office. In addition to personal data in the application must specify the reason for the dissolution of the marriage and the name that the applicant prefers to leave.

Apply to the Registry Office, where the marriage was registered earlier, or at the place of residence of the spouses.

Dissolution of marriage in a unilateral procedure

In exceptional cases, the marriage can be dissolved at the request of only one of the spouses without the consent of the second (clause 2 of Article 19 of the Family Code). This option is possible if one of the spouses:

  • Is recognized by a court decision as incapacitated;
  • recognized as missing;
  • sentenced to at least 3 years serving their sentence in a place of confinement.

In such circumstances, the applicant shall submit to the Registry Office a confirming document and pay a state duty in the amount of 350 rubles.

Terms of divorce and whether it is possible to speed up the process

After filing the documents, the parties will only be able to obtain a divorce certificate one month later. This period is stipulated by Article 19 of the Family Code as a “reconciliation”, so you cannot get a divorce in one day. This measure is provided for to avoid rash decisions, taken under the influence of emotions. During this period, the husband and wife can at any time change their decision and withdraw the application.

If the decision is made knowingly, then, on the expiry of 30 days the divorce process will be considered completed, in the passports of the former spouses shall be stamped about the divorce and shall be issued a certificate.

It is impossible to change the period established by law. If the parties fail to appear at the divorce proceedings, their application will be annulled. This does not deprive them of the right to reapply, but from that moment the 30-day period will begin again.

If one of the parties, due to circumstances, cannot be present at the divorce proceedings, a written notarized consent may be submitted to the Registry Office.

Divorce with a foreigner in Russia

How to divorce my husband without his consent?

How to divorce a citizen of Ukraine?

How quickly can I divorce through the court?

Spouses who have minor children, property disputes or have not reached an agreement on the need to dissolve the marriage, the issue of divorce can be resolved only in court.

In order to file an application for dissolution of marriage in court without delay, the plaintiff must prepare, namely:

  1. Find out the jurisdiction of the case. The claim is filed in a world court, if there is no dispute about the place of residence of children, and the amount of the property issue is not more than 50 thousand rubles. District court considers cases in the presence of requirements of the establishment of the place of residence of children, as well as those related to the division of property, if the amount of the claim exceeds 50 thousand rubles.
  2. Draw up a statement of claim. In order not to be returned, the statement must meet the requirements of Article 131 of the Civil Procedural Code, it must contain a statement of the reasons for the termination of marital relations, as well as ways to resolve issues related to the residence of children with one of the parents and the division of joint property between the parties to the process.
  3. Pay the state duty in the amount of 600 rubles.
  4. Prepare the required documents.

A list of required documents:

  • Identity document;
  • marriage certificate
  • birth certificates of children;
  • Property documents (in the presence of a property dispute);
  • Documents confirming income (in the presence of a claim for the recovery of alimony);
  • Other documents on the merits of the case.

To avoid delaying the trial, the parties need to attend every court session. Otherwise the sessions will be postponed, which will significantly increase the time frame for dissolution of marriage.

Case Timelines

Court-ordered divorce proceedings are more time-consuming and depend on the number and complexity of the claims asserted. The total time frame for the case includes the following steps:

  • from the time of filing to the first court hearing – 1 month;
  • consideration of the case – on average 1 month;
  • entry of the court decision into legal force – 1 month.

Taking into account that district courts consider the most complicated cases, the term of consideration may extend up to half a year. In addition, any of the parties may file an appeal before the court decision enters into legal force, which will also increase the duration of the process.

If the defendant fails to appear in court three times (in the absence of valid reasons), the decision to end the marriage will be rendered without his participation. If the decision of the court did not appeal and it entered into legal force, then it is transferred to the Registry Office at the place of the marriage. After the payment of state duty ex-spouses will be able to receive certificates, confirming the termination of their marriage.

Circumstances that complicate the procedure of divorce in court

The more contentious issues between the spouses and the tenser the relationship, the greater the likelihood that the court process will drag on for a long time. These circumstances are usually:

  1. The existence of a dispute over children. The parties may claim to establish a court decision to establish a place of residence of the child with one of the parents, the order of meetings and participation in his upbringing and maintenance (alimony).
  2. Division of property. In the absence of a marriage contract, all property acquired during the marriage is divided equally between husband and wife, except for property received as a gift or by inheritance. If an expert appraisal of the property is appointed, the process will drag on for several more months.
  3. Lack of consent to divorce by one of the parties. In this case, the court may impose a period for reconciliation of the parties, which will add from 1 to 3 months to the trial period. However, if there are circumstances in which reconciliation is not possible, this period may be reduced.

In addition, Article 17 of the Family Code provides for cases where without the consent of the spouse, a quick divorce will not be possible either administratively or judicially. The husband’s demand for divorce will not be granted if the wife is pregnant, as well as before the child reaches the age of 1 year. This rule does not apply to the wife. She has the right to ask for a divorce at any point in the marriage relationship.

How can I speed up the court process?

To avoid possible delays and to minimize the length of the court process as much as possible, we recommend taking the following steps:

  • Settle in advance the issue of the place of residence of the children and the order of communication with them by concluding a notarized agreement and submit it to the court;
  • to State a claim for division of property in a separate statement of claim, in this case the duration of the process will not affect the timing of the dissolution of the marriage;
  • in the preparation of the statement of claim to indicate and confirm the documentary circumstances of the impossibility of reconciliation, which will help to avoid the appointment of a reconciliation period of the court;
  • apply for the allocation of a separate proceedings counterclaim to challenge paternity;
  • take measures to ensure the appearance of the parties to the court sessions.

If the disputed issues could not be resolved before the start of the trial, the parties may, at any stage of the process, conclude a settlement agreement that defines their agreements on the requirements of the divorce.

Lawyer Answers to Private Questions

My husband and I have not been living together for over three years, we have no children together and we even live in different cities. Is it legally possible to get a divorce in one day.

Article 19 of the Family Code of the Russian Federation establishes a deadline for dissolution of marriage in the registry office – 1 month. It will not be possible to reduce this term even though the marriage has already been terminated.

How can I dissolve my marriage with my husband if I now live in another city, but I am registered at his place of residence? Where do I have to go?

If you have no minor children together and no disputes about jointly acquired property, the fastest way to get a divorce is through the registry office in your and your husband’s place of registration. But from the moment of filing an application in any case you have to wait a month. If there is a dispute about children or property, then you need to go to court at the place of residence of the defendant.

My husband and I have been married for more than five years. But it so happened that he was sentenced to five years in prison. I made the decision to get a divorce. He does not object to the divorce, but fundamentally disagrees with my property division option. How do I divorce him so it doesn’t drag on for a year?

The norms of the family code provides for the possibility of dissolution of marriage in the registry office at the request of one of the spouses if the second spouse is convicted for a term of more than 3 years with imprisonment. But if you can not peacefully resolve the property dispute, then you will have to dissolve the marriage in court.

I want to file for divorce, but I know for sure that my husband will be against it. We have a 3-year-old child together and an apartment under construction. Where do I go and with what application?

Given that you have a common minor child, you will have to go to court anyway. If you and your husband can resolve the issue of child support and the division of the apartment in the pretrial order by entering into an agreement, the divorce process will take two months. If you can’t reach an agreement, you will have to go to court to resolve these issues as well.

My wife has filed for divorce. We have a child together, but the court order doesn’t say anything about the child or division of property. What to do in this situation?

You have the right to appeal against the court’s decision by way of appeal. But if the claim of your spouse was only a requirement to dissolve the marriage and you agree with it, then there is no point in appealing. To solve the issue of determining the place of residence of the child, the order of communication with him, as well as the division of property you have the right at any time after the dissolution of the marriage by peaceful means, and in court.

Expert opinion

Summarizing we note the following:

  1. Issue a divorce through the Registry Office is possible only in the absence of minor children and a dispute about the property.
  2. The law establishes a one-month period for dissolution of marriage in the Registry Office and it cannot be accelerated.
  3. In cases prescribed by law, the marriage may be dissolved at the request of one of the spouses.
  4. Depending on the application, divorce cases may be heard by the Justice of the Peace and District Courts.
  5. Simultaneously with the divorce may be considered claims for the recovery of alimony, determination of the place of residence of children, the division of joint property.

Cases of dissolution of marriage is often accompanied by negative emotions, which do not allow a sober assessment of the situation and reach a peaceful agreement between the parties, which has a negative impact on the timing of the process. Competently make a claim, to prepare documents and to resolve disputed issues will help lawyers of our site. You only need to leave a request in the chat room around the clock support.

How to quickly divorce a husband or wife through the registry office or through the court

Officially concluded marriage can be dissolved if this is desired by one or both spouses. In some cases, a divorce is required in a minimum amount of time.

Contents

In this article, we will tell you how fast it can be to end a marriage, how to quickly divorce your wife or husband by mutual consent through the registry office, without the consent of one of the spouses and without the participation of the parties through the court, whether it is possible to quickly divorce if there are children, whether you can dissolve the marriage in one day.

Is it possible to divorce your husband or wife in one day

Unlike marriage, divorce is complicated by the fact that the spouses during their life together have children, jointly acquired property, mutual claims. To the process of dissolution of marriage went as quickly and painlessly for both spouses, it is worth referring to the legal framework.

Under the law faster to file for divorce and quietly separate can be when both parties wish to and in the marriage is not common minor children.

Some spouses are asking if it is possible to divorce in 1 day. Alas, mutual consent to divorce in a day is not enough. The procedure takes at least 1 month. This is the minimum period that allows the husband and wife to reconcile. There are no exceptions to this rule even if both parties mutually agree to end the marriage and there are no possible obstacles to it. A quick divorce, even if both agree, is only possible after the statutory time limit.

How to get a quick divorce through the registry office

Official dissolution of the marriage union through the registry office – the most convenient way to end the relationship for spouses who think how to divorce without a court quickly. After 30 days, the husband and wife can be considered exes if all required documents are submitted on time. This is how an expedited divorce works.

What must be provided to the registry office:

  • application form No. 9, if signed by both parties, or form No. 10, if only one;
  • Copies of passports;
  • The original certificate of marriage;
  • a receipt on payment of state duty, paid by both spouses.

Application for divorce is filed at the place of residence of one of the spouses.

If one of the spouses lives far away, you can do the following:

  • appear in person to file the application;
  • Send a document by registered mail;
  • fill out a form through the Internet (in your region of residence, if the couple have no minor children, disputed property and mutual claims).

In some cases, a package of documents is attached a copy of the marriage contract and property agreement, under which the parties no longer have claims against each other.

How to get a quick divorce through the court

Dissolve the marriage through the court will have to, if the family has minor children or there is no mutual consent to divorce.

Documents that need to be submitted:

  • ID card (passport);
  • statement of claim;
  • The original certificate of marriage;
  • Birth certificates of minor children (notarized copies);
  • a receipt for payment of state duty.

If one of the parties is not possible to be personally present during the divorce process, he can make a proxy on another person who will represent his interests. This power of attorney must be notarized. The power of attorney can also be used to conduct this procedure without the parties being present.

The law provides for such situations when the family is expecting a child, but the husband initiates the dissolution of marriage and wonders how to arrange a divorce with his wife quickly. It should be borne in mind that during the period of pregnancy of the wife and until the joint child reaches the age of one year, the man is deprived of the right to apply to the court for the dissolution of marriage. The woman still has this option and can get a quick divorce from her husband.

If a stillborn child is born or the baby dies within 1 to 365 days after birth, the man does not have the right to file for divorce before the deadline, according to the law.

Along with the petition for divorce, it is also possible to file a petition for division of property (it is also possible to file it after the marriage has been dissolved).

The lawsuit is filed at the place of residence of the defendant. If he lives far away, the plaintiff can not get there and children under 18 years live with him, it is possible to apply to the court at the place of residence of the plaintiff.

In the absence of disputes about the upbringing of children and jointly acquired property for more than 50 thousand rubles, a statement of claim is written in a world court.

In other cases, you can go to the district court:

  1. When in a divorce it is necessary to determine at what place of residence (father or mother) the minor child will be registered.
  2. When it will be necessary to determine which parent the child will stay with.
  3. When the responsibilities of the parents with respect to raising joint children and the schedule of meetings of the other parent with the child will be allocated.
  4. When in the course of the dissolution of the marriage, claims are made for the division of property, including debts on the mortgage in the amount of more than 50 thousand rubles.

The decision of the justice of the peace is challenged in the district court, the district court – in the city.

After checking the package of documents for compliance with the requirements, the court sets a date for consideration of the case. This is done within 2 weeks.

The date of the preparatory meeting is appointed at least 1 month after the registration of the statement of claim. On this date the judge will explain the procedural rights and obligations to the parties, review the position of both parties regarding the divorce, inquire about small children, property and prenuptial agreements, and encourage the parties to reconcile.

If the defendant has any counterclaims against the plaintiff, he is invited to set them out in writing and submit them through the clerk’s office.

If the judge is convinced at the preparatory hearing that the spouses have different views of the divorce, they are given time to settle their differences and possibly reconcile. But if the spouses notify the court in writing or orally that they refuse to reconcile, they will be divorced more quickly.

After a preparatory meeting is scheduled, which resolves the lawsuit on the merits. This is held when the period for reconciliation has expired, and the parties have not withdrawn the suit, or a couple of weeks after the preparatory meeting.

Algorithm of the main session:

  1. Announcement of the hearing and verification of those who show up for the hearing. The judge tells the parties about their rights, asks available witnesses to leave the room.
  2. Explanation of the rules under which recusal can be made.
  3. Hearing the motions of those present. The court finds out which of the participants in the process did not come to the meeting, and determines whether it is possible to conduct the trial on the merits without them. If the answer is no, the hearing is adjourned.
  4. Direct consideration of the claim, if the meeting is decided to hold without the participation of absent persons. The judge asks the parties whether they support their claims, whether they are ready to abandon the claims and resolve the issue amicably. If the answer is negative, the process continues.
  5. The voicing by the parties of their claims, the justification of their legality and fairness.
  6. Interviews with witnesses.
  7. Examination of written evidence (correspondence, contracts, agreements, audio and video recordings).
  8. Opportunity to speak to experts (guardianship agencies, police, etc.).
  9. Debate.
  10. Meeting to make a decision.
  11. Announcement of decision. The written decision of the court can be picked up after it is prepared. The parties are given the opportunity to appeal.
  12. Closing of the session.

The length of the divorce process through the court depends on several factors:

  • The extent of the office’s workload;
  • The compliance with the required standards of the filed package of documents;
  • The competence of officials (for example, unreasonable refusal to accept the application, late sending of notifications, etc.).

The court may take measures to reconcile the parties by suspending the proceedings for up to 3 months.

In order to expedite the divorce process through the court, the plaintiff must:

  • Continue to insist on ending the marriage, even if the defendant is unwilling to comply with the claim;
  • Prove that delaying the process infringes on his rights (e.g., the husband behaves aggressively towards his wife);
  • Try to persuade the defendant to jointly petition for a reduction in the time allowed for conciliation.

Once the court considers the validity and validity of these reasons, it may reduce or eliminate the time allowed for maintaining the family. In such a case, the spouses may quickly obtain a divorce (if, for example, the spouse has a confirmed mental illness, etc.), even without the consent of the husband or wife.

How to Get a Quick Divorce with Minor Children

Many couples worry about whether they can get a quick divorce if they have a child. If there is a child under 18 years old, it is a good idea for both spouses to reach a mutual agreement to end the relationship as quickly as possible. Through the registry office accelerated divorce of spouses with minor children is carried out under certain conditions. For example, if the second party is recognized as dead or missing, to the main package of documents attached entered into legal force of the decision of the court, if one of the spouses is in prison – a copy of the sentence.

There are cases when one of the spouses is recognized as legally incompetent, and this very fact is the reason for divorce. His initiator must provide the registry office the relevant decision. Then a quick divorce in the presence of minor children is possible.

In all other cases, in accordance with the law, the divorce of a husband and wife who have children under the age of 18, is carried out exclusively through the courts. The court decides with whom the child will remain after the divorce, who and in what amount will pay child support, how to divide the jointly acquired property, so as not to affect the interests of children.

To reduce the time of court proceedings, proceed as follows:

  1. In accordance with Article 24 of the Family Code of the Russian Federation, the parties conclude an agreement on who the child will remain with and how he will be provided for. This is how you can reduce the time the court spends on protecting the interests of the children.
  2. The plaintiff gathers documents and files a lawsuit for divorce in the court at the defendant’s place of residence.
  3. The parties are trying to minimize the period granted by the court for reconciliation. For this purpose, they shall be determined in advance with good reasons to confirm the unreasonableness of the allocation of time for the preservation of the marriage.

How you can accelerate the divorce process

The procedure for dissolving a marital union takes place in strict compliance with the law. The time limit set for the divorce process cannot be moved. It happens that by the time of divorce, the husband and wife do not live together for a long time, some do not know the exact address of residence of the spouse. In some situations, the relationship is heated to the point that people do not want to see each other, or show unreasonable aggression towards each other. All this complicates and delays the process of breaking the formal relationship.

In order to get a calm and quick divorce, the parties must come to a compromise that will help make the process last as long as possible. Once preliminary all disputes are settled, a peaceful agreement is reached, you can move on to the stage of collecting documents and submitting them to the appropriate authority – the registry office or the court.

A person not well acquainted with the issues of law does not always understand how the divorce procedure takes place. By studying several articles of the Family Code of the Russian Federation, you can arm yourself with knowledge of the most common legal actions that will help protect your rights and interests.

Divorce at the registry office is possible one month from the date of filing, in court, the decision to dissolve the marital union can be made at the first hearing, which is usually scheduled one month after the acceptance of the lawsuit.

To expedite the divorce process as much as possible, it is necessary to prepare all documents well in advance and agree on all points of contention. If there is mutual agreement to end the marriage and to continue raising children, the length of the divorce can be minimized.

Leave a Comment