The procedure of divorce through the court with children: we describe point by point

Dissolution of marriage

The procedure for dissolving a marriage differs depending on whether both spouses agree to the prospect of divorce or not. If both spouses agree, the divorce process is carried out as quickly as possible, provided that the parties have reached a compromise in all matters – residence of children, division of property, transfer of alimony, etc. In other cases, divorce cases sometimes drag on for 5-6 months.

Dissolution of marriage with mutual consent

In situations where both spouses agree to a divorce, it is easiest to get the desired result. If the couple do not have children – you can do without the court proceedings, it is enough to submit an application to the registry office and pay the established duty. However, every moment has its own nuances, about which you need to have an idea.

Dissolution of marriage with children

If the spouses at the time of separation have children under the age of 18, or there is a place for property disputes, without a court decision to divorce will not work. So usually the spouses together to decide, who the children will stay with after the divorce, who will provide for their material needs, how and when you can see them. On the basis of a compromise is drawn up an agreement in writing, with which sent to court. In fact, in this case it is only about changing the family status, and therefore this option is the least painful.

The process begins with the preparation of a statement of claim. If both spouses have the same opinion about the future fate of the children, the motive of the divorce does not play a big role, this is determined by art. 23 of the UK Russian Federation. In the statement of claim the cause of action is necessary, but the court will not pay it much attention, such a provision is no more than a formality.

The Statement of claim must comply with the norms of the Civil Procedural Code of the RF. It is written manually on paper or typed on a printer, and then printed. Be sure the claim must contain the following information:

  • Name and location of the court where the lawsuit is filed.
  • Surname, first name, patronymic of the plaintiff and defendant, their places of residence at the time of divorce.
  • Circumstances – when and where the marriage was concluded, who are the spouses, whether they had a joint household, how many minor children, their names and patronymics. Since when the spouses live separately.
  • Claim s request to dissolve the marriage by mutual consent, an indication that all matters relating to the child are specified in the agreement.
  • Date and signature of the plaintiff.

Obligatory in the statement of claim references to the law. That they were as accurate as possible, and the wording does not allow for ambiguity, the drafting of the claim is better to entrust a good lawyer, specializing in family matters.

After filling out the statement of claim, you need to pay the state duty. As of 2020, it is 650 rubles. A receipt of payment will need to be attached to the statement of claim. The following documents will also be required:

  • A written agreement. which spells out the rights and obligations of the father and mother arising after the divorce;
  • Two statements of claim (written by each spouse);
  • Passports of husband and wife;
  • Marriage certificate;
  • Birth certificate of the child, if the child is a minor.

When determining the amount of alimony, a certificate of income (salary) of the spouse who will pay it will be required.

Documents must be submitted to the clerk’s office of the justice of the peace if the value of property disputes does not exceed 50,000 rubles. Otherwise it will be necessary to apply to the district or city court. You can also send a package of documents by mail. In about a month, maybe earlier, the court session will begin. It is necessary to attend it both spouses. If one of them, for good reason, can not attend the court, allowed the presence of a representative, which shall be issued a notarized power of attorney.

Dissolution of marriage in the presence of minor children, depends on how well the spouses were able to agree. Sometimes the court makes a decision in an hour, sometimes gives 3 months for reconciliation. In some cases, the process may take longer, especially if one of the spouses’ demands change or new circumstances arise.

Dissolution of Marriage Without Children

If the marriage was not children, both spouses do not see the point of living together and there are no property disputes, then divorce is extremely simple. Do not go to court, it is enough to visit the registry office, fill out an application in the prescribed form and the filing of the accompanying package of documents.

In the first place you need to prepare the necessary documents:

  • Marriage certificate;
  • Passports of the spouses;
  • A receipt for the payment of the state duty (you can take in the registry office).

With these documents in hand the couple go to the registry office, where they ask for a statement on form number 9. If they live in different cities – it is not necessary to get together again: each goes to the registry office in the place of residence, pay the state duty and submit the application form prescribed form. If there are no obstacles to the dissolution of the marriage, the spouses will divorce quickly.

Existing in hand the certificate of marriage is removed, instead of each party shall be given a certificate of dissolution of marriage. The cost of a divorce by mutual consent without children is 650 rubles – the amount of the state duty specified in Art. 333.26 of the Tax Code. Each spouse shall pay the state duty, the total cost of the divorce will be 1,300 rubles. This amount includes registration of the dissolution of marriage and the corresponding certificate.

According to Russian law spouses will not divorce immediately – they will be given 30 days. In the described case the procedure is as simple and fast as possible, and therefore the husband and wife are given an opportunity to reconcile and refuse to divorce. In a situation where the spouses may act in the heat of the moment, such a time interval is not superfluous.

Dissolution of Marriage Unilaterally

It is not always the case that both spouses agree to a divorce. In many cases, the initiative comes from only one of them, while the second strongly resists it. The motivation may vary from love to material gain. Regardless of what guides the dissenting spouse, the divorce will have to go to court. This option can take a long time, the judge may give up to three months for reconciliation, and if the process will reveal additional circumstances, the process can be seriously delayed. Much depends on whether the family has minor children.

With children

In a situation where spouses have common blood or adopted children, while there is no jointly acquired property, or its value, according to an independent assessment, does not exceed 50,000 rubles, it is possible to apply to the magistrates’ court. However, lawyers in family cases recommend preliminary call or meet with his spouse to try to draw up a settlement agreement. In this case, the process will be as simplified as possible. If the spouse does not want to meet, refuses to pay alimony in the amount proposed, has claims of another kind, you need to prepare for a long trial.

An important point – since the age of ten years, the child also has the right to express his opinion regarding the choice of with whom and where to live after the divorce. Therefore his presence is obligatory as at the notary, in the drawing up of an amicable agreement, and in court during consideration of the statement of claim. In particularly difficult cases, especially when a child is pressured by one of the parents, the statement of claim may be considered in district court.

Alimony and place of residence of the child:
  • Where the child will live after the dissolution of the marriage;
  • who and how much child support will be paid;
  • How the child will be raised.

If on these points you can not reach agreement, but you want a divorce as soon as possible, you can write two statements of claim: about the dissolution of marriage and on the fate of the child. In this case, divorce is relatively quick, but on the second claim the process will be longer.

Under Russian law, women have more options in the case of divorce, as men cannot always file a petition. For example, under Article 17 of the Family Code, a husband cannot unilaterally petition for dissolution of marriage if his child is under one year old or if his wife is pregnant. In such situations, he has two options: try to persuade his wife to divorce by mutual consent, or wait until the child is one year old. The death of a baby under the age of a year does not give a man the right to file for divorce, still have to wait a year from the birth of the child.

Documents when divorcing, if there are common children:
  • The child’s birth certificate (if the child is under the age of 18);
  • Act from the authorities of guardianship and custody of the housing conditions in the places of residence of the parents;
  • Extract from the house book (not required in all regions);
  • Documentary proof of income (salary certificate, declaration for the spouse of a sole proprietor);
  • certificate of family composition;
  • Reference from the place of study or work (service);
  • A written statement from the psychologist who interviewed the child.

This is not a complete list of documents, which are attached to the statement of claim. To find out exactly. what papers you need to prepare, it is better to hire a lawyer in family matters. A specialist will carefully examine the circumstances and advise what documents and where you need to take them.

During the hearing of the statement of claim will be taken into account all the facts relevant to the case. The court will read the opinion of the representative of the guardianship and custody of the housing conditions, which should be suitable for the life, education and development of the child. The personal characteristics of the couple are also important. Most often, the court decides to leave the child with his mother, especially if the child is under 10 years old. However, if her character is not satisfactory, and the husband can prove that her actions and lifestyle are harmful or life-threatening for the child, the court will decide in favor of the father.

Without Children

Even if the spouses do not have common children, including adopted children, it is not possible to unilaterally divorce through the registry office. The exceptions are the cases stipulated in Article 19 of the Family Code – one of the spouses is missing, legally incompetent by a court decision or sentenced to imprisonment for more than 3 years. In all other cases, even without children will have to divorce through the court.

Documents in a divorce without children:
  • Statement of claim, including a copy for the second spouse;
  • Passport of the initiator of the divorce;
  • Marriage certificate;
  • receipt of payment of state duty;
  • Marriage contract, if it was drawn up earlier.

You may also need other documents, depending on the specific situation and the essence of the claim. For example, if the plaintiff requests the division of jointly acquired property, it will be necessary to prepare documents confirming the right of ownership.

The length of a divorce in this case is impossible to predict. The court may give 3 months for reconciliation and will have to wait for this time. Tighten the timeline and unexpectedly discovered new circumstances that the court will consider. On average, divorce without children unilaterally takes about six months.

Dissolution of marriage in court

If one of the spouses are determined to divorce, the second can only delay the process, but to prevent the impending dissolution of the marriage will not work. Therefore, it is desirable by all means to find reconciliation or try not to aggravate the already damaged relations.

The order of action for the initiator of the dissolution of marriage:
  • Understand in which court to apply.
  • Draw up a claim for dissolution of marriage. The right thing to do is to entrust a good lawyer, familiar with the Civil Procedural Code and the Family Code.
  • Collect the necessary documents. For each case, specify what exactly may be required.
  • Calculate and pay the state duty.
  • Submit the documents and receive notification with the date of the first meeting.
  • To be present at the meetings, to be ready to provide the necessary documents and evidence.
  • If it is impossible to be present in person – to submit a petition to consider the case in the absence of the plaintiff or to choose a representative, having issued a notarized power of attorney for him.
  • After entry into force of the decision of the court take an extract and go with it to the registry office, having paid the state duty.
  • Get hold of the certificate of dissolution of marriage.

The most important aspect in the divorce through court is the preparation of a statement of claim. It should not be blots, corrections and errors. The wording must be clear, without expressions of personal feelings and emotions, not violating the civil rights of the defendant and others. If the document is not correctly drafted – the court may refuse to consider a statement of claim until the elimination of errors.

Reasons for divorce

Often, the plaintiff does not know what the reason for divorce indicate in the statement of claim. Here are several possible options, for example, violation of the principles specified in art. 1 of the Family Code. In addition to these, the plaintiff may indicate the following points:

  • drug or alcohol addiction;
  • Abuse of a spouse or children;
  • systematic insults, including foul language;
  • Absence of a permanent job and unwillingness to find one;
  • Neglect of family responsibilities.

It is not customary to include intimate reasons in a statement of claim. As for the other reasons, they must be documented or supported by testimony. In addition, the plaintiff has the right to state that the possibility of reconciliation is rejected because of the behavior of the spouse. Arguments cited to support the validity of the claim must have substantial evidence. It is unacceptable to accuse your spouse of abusing alcohol or being completely oblivious to your children.

Notification of the date of the first meeting of the court receives not only the plaintiff, but the defendant. Sometimes he ignores the summons, believing that by doing so he may prevent the spouse from divorcing him. This is not true. In accordance with Article 233 of the Civil Procedural Code the court may consider the claim and make a decision even without the presence of the defendant. Therefore it is better to appear in court and be present at the meetings.

If the plaintiff personally present at the hearing of the statement of claim, he must tell why he wants a divorce and why he does not see the possibility of reconciliation. Often the defendant does not agree with the arguments of the plaintiff, so the involvement of witnesses is acceptable. About this you must make a request in writing or orally.

The petition .

Another point – the defendant can ask to give a period for reconciliation. Most likely, the court will meet him halfway, but the plaintiff has an option to respond. In response to the defendant’s motion, you can file a written objection in the prescribed form, in which you set out the reason for granting a period of reconciliation unreasonable and provide evidence of this. If the court finds the plaintiff’s arguments persuasive, the defendant’s motion will be denied.

Counterclaim

The defendant has the right to file a counterclaim. If the claim it contains relates to property relations or determining the plaintiff’s continued residence, the jurisdiction of the case may change. For example, the wife filed a lawsuit for divorce in the world court, but the husband decided to divide the apartment, worth 2 million rubles and filed a counterclaim. In this situation the magistrate will make a determination about the redirection of the claim under consideration and all the issues connected with it to the district or city court, this moment is stipulated in clause 3 of article 23 of the Civil code of the Russian Federation. Thus, the dissolution of the marriage will be extended for an indefinite period of time.

If the court, having considered all the features of the case, decided on the dissolution of the marriage, the husband and wife will be considered as divorced only after one month. This period is provided so that the defendant has the opportunity to appeal. However, he should know that if before the decision was granted a period of reconciliation, to appeal against the decision of the court will be very difficult. Because the time allocated by the court, you need to cherish and try to find common ground with his spouse.

Having in hand copies of the decision of the court you need to go to the registry office and fill out there an application under form number 10, then take a receipt for payment of state duty. After the registration of the dissolution of the marriage ex-spouses shall issue certificates of dissolution of marriage. For these documents do not have to go together, because, according to the law, a man and a woman are no longer a family, and, therefore, to obtain the necessary papers may not depend on each other.

Terms of the dissolution of marriage through the court

It is difficult to say with certainty how long it will take to divorce through the courts. However, approximate terms can be calculated:

  • 5 days to consider the claim and the documents attached to it;
  • the first hearing is scheduled one month after acceptance of the claim, and if it is difficult to notify the defendant – in 2 months;
  • 3 months for reconciliation of the parties.

In addition, the defendant may not come to the meeting. By law, the court may postpone the proceedings three times, and this significantly prolongs the process. Plus, we must take into account that the decision of the court on the dissolution of the marriage shall take legal force not earlier than one month after it was made. Therefore, under the most favorable circumstances, you can get a divorce in only 2 months after the filing of the complaint to the court. This is the minimum period, but it is difficult to call a maximum.

Many of the difficulties in a divorce with and without mutual consent can be avoided if you are not lazy and hire a good lawyer. He will help draw up a statement of claim, prompt, what documents you need to collect, how to behave in court, what evidence of their position to prepare. If necessary, the lawyer can represent the interests of the plaintiff in court, which significantly reduces the duration of the process and saves the wishing to divorce the spouse from many unpleasant surprises.

Dissolution of marriage in the presence of minor children

Contents:

  1. Where to divorce couples with minor children
  2. Reasons for seeking a magistrate’s court
  3. Reasons for appeal to the district court
  4. With whom the child will stay after the parents divorce
  5. Reasons for refusal in divorce
  6. How to process a divorce
  7. Duration of the divorce process
  8. Who must do the paperwork
  9. How to write documentation
  10. Registration of the divorce

One of the most unpleasant events for former spouses is the process of legally dissolving the union. It is especially difficult if there is a small child in the family. As the dissolution of marriage in the presence of minor children – not everyone knows. So it is worth looking into this issue.

Where do they divorce couples with minor children and for what reasons?

This procedure is most often carried out in the registry office, as prescribed in article 19 of the Family Code. The reasons for this may be:

  • The incapacity of one of the partners;
  • the parent is missing;
  • Deprivation of liberty of one of the spouses.

If they are confirmed officially, the marriage is dissolved. For this purpose, an application is made in the registry office. It is also possible if the baby is not common, but native only to one of the spouses. Other situations are dealt with exclusively in court.

Reasons for appeal to a justice of the peace

To dissolve a marriage in a magistrate’s court should be addressed only by mutual desire after an agreement is reached on the division of property worth up to 50 thousand rubles. But when one spouse does not want to divorce, the case is also considered in court. But in such a situation, a positive decision is unlikely to be taken unless there is a good reason.

The court decides who gets the baby and who will pay alimony. In such proceedings, it is not the interests of the parents, but their son or daughter that are taken into account in the first place.

Reasons for going to the district court

The district court is appealed to if the parents could not come to a mutual agreement. Especially if the son or daughter is adopted, not natural. Property division and other topics are legally discussed. When a woman or her husband does not agree to a divorce, the court gives a reconciliation period of up to 3 months.

Who will the child stay with after the parents divorce?

In a divorce, former lovers wonder who the child will be left with. Another question, what is the order of dissolution of marriage in the presence of a child or several minor children, is also decided by the district court. In this case, the interests of both parties will be taken into account. But the most important factor is the rights of the minor. Usually given about a month for reconciliation, and only after that a final decision is made.

If the child is less than 10 years old, more often than not, the mother is appointed as his guardian. But if the court decides that she cannot be entrusted with the upbringing, then custody is given to the father. In questionable cases, the guardianship authorities may be invited for consultation. Ultimately, the following factors influence the court’s decision about the child’s fate:

  • The opinion of the child;
  • The opinion of each parent;
  • The child’s material well-being.

The court considers the child’s wishes and opinion only if the child is over 10 years old. They are carefully questioned about their preferences and desires, who they want to stay with, who they like best, and so on. When each parent’s opinion is asked about the child’s well-being, their parents’ opinions are taken into consideration. That is, the financial situation, health status, and attitude towards the child. The final decision rests with the court.

Reasons for refusal of the dissolution of marriage

The judge as well as employees of the registry office, have the right to refuse to dissolve the marital ties. The reason for this can be a refusal of any spouse, with one condition that the age of the eldest child is not more than one year. When the application is filed by the husband, but his spouse is burdened and does not agree to the divorce, the court decides everything in her favor. Divorce proceedings are postponed until the future child reaches the age of 1 year.

The lawsuit may be denied if an incomplete set of documents has been collected or if they are not prepared correctly. If there is a violation of the law on this issue, the divorce process may also be stopped.

How do I file for divorce?

When applying for a divorce, it is necessary to collect a number of documents:

  1. The application itself.
  2. Confirmation of payment of the state duty.
  3. Passports.
  4. Certificate confirming marriage.
  5. Certificate of the child (children), confirming the birth.

You will also need a document of consent of the spouse to the dissolution of the marriage. It necessarily must be certified by a notary. After that, the case will be submitted for consideration, and the process begins dissolving the formal marriage in the presence of minor children with a decision, with whom they will stay.

The duration of the divorce process

Russian law does not provide for limitations on the duration of the divorce process. Usually it lasts no more than 30 days, if both parties have given their consent and agreed on all issues. In other cases, it may last much longer. It all depends on the specific situation. Particular problems can arise with property division and child support decisions. As a result, the case can take months or even years to resolve.

The procedure for dissolving a marriage with one or more minor children

The case is first reviewed by the Registry Office staff or the court, after which an opinion is rendered. If the claim is granted, the decision is effective within 10 days. This time is allotted with the expectation that the spouses will probably establish a mutual relationship and take back the application. At the end of the allotted period the decision of the bailiff enters into force. A document officially confirming the divorce is prepared in the Registry Office. This certificate is taken by the applicant to the office in the place of residence.

Who must collect the documentation?

The entire required package of documents must be collected by the person who submitted the application for divorce. The same person must also write an application to the appropriate authorities. If the decision is mutual, this can be done by both spouses. When all the documents are collected and the application is written, the official must make a final decision. The time limit for making a final decision is about a month.

How do I write an application?

The application is written by the person wanting a divorce. It can be written in shorthand or electronically. The electronic version requires a personal digital signature on the application. If the other spouse is deemed to be legally incompetent or incarcerated at the time the petition is filed by one of the parties, the other spouse must be notified. No decision will be made until the spouse is notified of the filing of the petition for divorce.

Registration of Divorce

The final document is drawn up at the registry office when the formal dissolution of the marriage is finalized in the case of newborn or minor children. Each of the spouses may keep their current surname or return to their former surname. But the certificate will have two surnames. A record of the divorce is also made in the Registry Office, which contains the following information about the parents:

  • nationality;
  • education;
  • How many minor children there are;
  • passport data;
  • date and number of the record;
  • date of termination of marriage;
  • children’s agreement.

All the work can be made easier if the spouses draw up a written agreement in advance about the positions to common minor children.

It turns out that there are no hopeless situations, and to restore the document without the presence of other securities is also quite possible.

The difficulty lies in the process of restoring this document, which depends on where the passport was lost.

We will consider what to do if this happened, both in a foreign country, as well as in the native city.

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