Where to apply for divorce if there is a child: learn by the point

Divorce in Moscow in 2022: the order, application, addresses

What documents are required for the dissolution of marriage in Moscow, addresses Registry Offices, MFC and district courts, the application form for divorce for download, the amount of state duty in 2022, sending documents online, the terms of the certificate when submitting an application through different instances.

Dear Muscovites! Our instructions tell about the typical ways to solve this problem, but each case is unique.
If you want to know how to solve your problem – call 8 (800) 301-76-28 (Moscow) Legal advice – fast and free!

Documents

List of documents for the registry office

The dissolution of marriage is registered in the Registry Office after the submission of the following documents:

  • application for divorce;
  • passports of the spouses;
  • receipt of payment of state duty;
  • marriage certificate;
  • Extract from the decision of the court, if one of the spouses declared incapacitated, missing or convicted for more than 3 years.

List of documents for divorce in court

For a court-ordered divorce, it is necessary to prepare an expanded package of documents:

  • A petition for divorce in 3 copies;
  • The claim for alimony (if there is no agreement on them);
  • passports of the spouses (or one of them in case of unilateral application)
  • receipt of payment of state duty;
  • marriage certificate; ; all members of the family;
  • agreement on children; (if any);
  • agreement on division of property (if any);
  • written consent to divorce of one of the spouses (if necessary);
  • A list of property (if its division is done through the court);
  • Certificates of income and characteristics from work (in the case of a dispute about the place of residence of children);
  • Documents indicating that there are compelling reasons for divorce (hospital certificates of beatings, testimony of third parties, etc.).

Divorce proceedings in the presence of minor children

If spouses have underage children or property disputes, divorce must take place in court.

Official comment of the Ministry of Justice of the Russian Federation

  1. Dissolution of marriage is carried out in court if the spouses have common minor children, except in the cases stipulated by clause 2 of article 19 of the Family code of the Russian Federation, or in the absence of the consent of one of the spouses to divorce.
  2. Dissolution of marriage is carried out in court also in cases where one of the spouses, in spite of the absence of his objections, refuses to divorce at the authority of the civil status acts, including refusal to submit an application.

State fee

After reviewing the documents, an employee of the registry office gives receipts for payment of the state duty to both spouses. Payment is made in any bank or through a terminal in the building of the registering body.

If a divorce is issued at the request of one of the spouses in cases where the other spouse has been declared missing, incapacitated or imprisoned for more than 3 years, the state duty is charged only to the applicant in the amount of 350 rubles.

If divorce takes place in court, the documents must be submitted immediately to the court and the court fee must be paid in the amount of 600 rubles. Payment details may be obtained from the court or can be found on the relevant portal http://msudrf.ru.

Addresses

To submit an application for termination of marriage by mutual consent and absence of common minor children you may submit at Registry Office according to the place of registration of spouses (or any of them), at the place of registration of marriage, through MFC or Gosuslugi portal.

Addresses of Registry Offices

Addresses of MFC

If there are children under the age of 18 years, or in the case of disagreement with the divorce of one of the spouses, the dissolution of the marriage takes place through the magistrates’ court. With claims for division of property worth more than 50 thousand rubles – through the district court.

Submitting an application through the Gosuslugi portal

Muscovites may submit an application for divorce to the Civil Registry Office at their place of residence or at the place of registration of marriage through the Gosuslug portal. The spouses should fill it separately – each in his or her personal account.

In case of electronic filling in the application for divorce the state duty may be paid with 30% discount. This will cost 455 rubles per spouse.

Deadlines

If you apply for divorce through the Civil Registry Office the marriage is considered dissolved from the moment the appropriate entry is made in the Registry Book, through the court – from the date of entry into force of its decision.

Certificate of dissolution of marriage is issued to each spouse 1 month after filing an application for divorce through the Registry Office.

If the divorce is obtained through court, the former spouses will receive an extract of the decision of the court one month after the court session. With this extract you can obtain a certificate of divorce from the Registry Office on the day of application.

In the case of divorce proceedings in court, the period of divorce proceedings may be extended up to 3 months. They are granted for reconciliation, if one of the parties wishes.

Restrictions

A man may file for divorce while his wife is pregnant and for 1 year after the birth of a child only with the consent of his wife.

Husband does not give consent to divorce, took away the marriage certificate. What to do?

As in your case, one of the spouses does not give consent to the divorce, the dissolution of the marriage takes place through the courts. First, you need to get a duplicate of the certificate of marriage in the registry office.

I am pregnant out of wedlock. The father of the unborn child is officially married to a woman he does not live with (we live together), we both agree to the divorce. Is it possible in this case to speed up the divorce process so that we formalize our relationship as soon as possible?

It is possible to reduce the term of consideration of a divorce petition only in exceptional cases. Pregnancy is such an exceptional case. Before you begin the divorce process, you must obtain a certificate of pregnancy.

Can I get a divorce if I have a prenuptial agreement?

Divorce is not subject to the existence of a prenuptial agreement. A prenuptial agreement is drawn up before the marriage to protect the property of the spouses acquired before the marriage. If your spouse does not agree to the divorce, go to court to file a petition. You will be given three months to reconcile, at the end of which time the marriage will be dissolved, even if one of the spouses still refuses to divorce.

I am going to divorce my husband. I have a minor child who lives with me, but is officially registered at my husband’s apartment. Who will the baby end up staying with?

If there is a dispute between the parents about the child’s place of residence, the issue is resolved in court.

The main factors affecting the court’s decision are:

  • The child’s opinion as to which parent he or she wants to stay with after the divorce
  • the desire of the parents themselves to raise the child
  • the physical and mental health of the parents
  • financial capacity of the parents

I want to teach my husband a lesson – I will file for divorce. Can I revoke it later, or is there no way to reverse it?

You can withdraw your claim for divorce. Just write a free-form statement that you have changed your mind to divorce.

I am married to a Russian citizen. There is a minor child together. I am not a citizen of the Russian Federation. If my husband and I divorce, can I apply for citizenship by the simplified procedure?

The simplified procedure for acquiring Russian citizenship is provided for people who are married to Russian citizens. Divorce automatically deprives you of this right.

After we married, we bought an apartment with my husband with a mortgage. Who is obliged to pay it off after the divorce?

The property acquired during marriage is considered joint property of spouses in equal shares (Article 34 of the Russian Federation Family Code, Article 256 of the Russian Federation Civil Code). Mortgage property is considered jointly acquired property and is subject to equal division (law “On mortgage”, chapter 7 of the Russian Federation Family Code).

How to prove in court that the marriage was fictitious?

According to Article 27 of the Family Code of the Russian Federation, a marriage can be declared invalid if you can prove that:

  • The marriage was concluded without the intention of creating a family
  • There is a mercenary motive with the purpose of reaching some benefit

What about pets. Who will the dog stay with after the divorce?

According to Article 137 of the Civil Code of the RF, pets are recognized as property. If the dog is acquired after you got married, then it is considered to be jointly acquired property. The division of such property may be done voluntarily or by court order. If your husband/wife doesn’t mind you keeping the dog after your divorce, you should pay him or her half of the value of the dog. Don’t forget to have the payment notarized.

Can’t find an answer to your question? Find out how to solve your problem – call now and get legal advice: 8 (800) 301-76-28 (Moscow) It’s fast and free!

Maxim is the first expert of our project. He has been advising our readers on family law issues for a number of years. Maxim is a lawyer by education – every day he helps people in matters of family law (divorce, paternity, alimony). Maksim’s main specialization is the issues of dividing inheritance and solving disputes between all the heirs.

Attention! If you still have questions on this article, you can consult a lawyer.

Divorce with children: the order of divorce in 2022

Knowledge base

Author Dmitry Sergeevich Tomko (Lawyer) Time to read 11 minutes 961 Viewed on 06.10.2020 Updated on 12.07.2022

Divorce through the court with children is a process involving the spouse, the spouse and the judge, aimed at examining the circumstances and deciding the fate of joint daughters / sons, common property and alimony.

Depending on the situation, the procedure is conducted through the registry office, the district court or the justice of the peace. The decision of the judicial body, as a rule, is influenced by the age of the children, the financial capacity of the parents, the availability of time for education, etc. Below we will consider how the dissolution of marriage in the presence of minor children, where and how to file a lawsuit, and what documents are required. Separately talk about the cost of the divorce process, the possible difficulties, terms and features of the appeal.

What affects the age of the child

If both parties agree to formally sever the relationship and agree on the details, the process of dissolving the marriage rarely causes difficulties. The situation is different if he or she is against it, does not want and does not give the divorce . In such a case, the issue is resolved through the court, and the decision depends largely on the age of the minor:

  1. Up to 1 year old. If the mother refuses to dissolve the bark, the father is forced to put up with it and leave the intentions until the child is 12 months old. In this way, the law of the Russian Federation protects mothers and newborn children, as well as gives the spouses the opportunity to find common ground.
  2. 3 years. Two options are possible here. If they live together and the father fulfills his obligations, the consent of the spouse is mandatory. If the husband and wife live separately, written confirmation of the desire is not necessary. In the future, the court dispute may be resolved in favor of the wife / husband.

Terms and conditions of divorce for small children

The official termination of a marriage leads to changes in the family structure and living conditions for joint children. There are provisions in Russian law that protect the baby and guarantee good living conditions even after the parents divorce. The court, in addition to the fact of the dissolution of the marriage, also decides on the future place of residence of the children.

Peculiarities of consideration of the case:

  1. Divorce with his wife, if there are children, and she agrees , is not difficult. In this case, the judge quickly makes a decision without delaying the process.
  2. The presence of controversial points on the educational process and the lack of consent of any of the spouses will delay the court process.

If the child is under 1 year old

Without a woman’s consent, there is no way to get a divorce because of the position of the law.

Under the Family Code of the Russian Federation, a mother and children under the age of 12 months cannot be abandoned by the father.

During this period, they are protected from stress and worry. In other words, the man can not demand dissolution in the following cases:

  • While the wife is pregnant.
  • When the common child is under the age of 12 months

In the situation of a stillborn, the rights of the mother are also protected. The law allocates one year during which a divorce cannot be granted. The man has no right to file for divorce unless he doubts paternity. If it is proven that the man is not related to the child, the court may disregard the legal prohibitions.

If the child is under 3 years old

In such circumstances, divorce proceedings may be initiated by either party, including the man.

Under the law, the mother has the right to request alimony support for herself until the youngest child reaches the age of 3.

After the child reaches the age of 3, the obligation to pay child support (if established by the court) is removed.

If you have two children

In the case of a divorce dispute with two minors, the termination of the marital relationship follows the standard procedure. The only thing that changes is the number of hearings due to the need to consider each minor. The judge must make the following decisions:

  • With whom each of the children will live after the divorce;
  • How the future upbringing process will proceed.

Because of the presence of two children, court proceedings are delayed, because it is necessary to consider more facts and make a final decision that takes into account the interests of all parties (primarily the minor).

It is best if the issue is resolved by mutual consent. The man and woman must themselves agree on how to continue to live and raise their daughter / son, child support payments and their amount. If the plaintiff and defendant have agreed on all issues, the court is left to reinforce this decision.

Sometimes there are situations where children are shared between the mother and father. For example, the father takes in his son and the mother takes in her daughter. But here, the family code and the court take into account the interests of all children, taking into account their age and current needs.

Divorce with three children

A couple can also divorce with three daughters/sons in common, and the court process is no different than the one discussed above. But other nuances may arise during the proceedings:

  1. Who will take over the upbringing and financial support .
  2. Where and with whom the minor will live.
  3. How meetings will be arranged with the other parent (the one with whom the children are not planned to live).

Spousal discord regarding minors is often resolved through the division of children between a man and a woman.

If the child is over 10 years old, the conflict requires his or her participation. The court must ask whether the child wants to stay with the mother or the father.

To divorce quickly , it is necessary to agree on all the details and execution of a written agreement. It reflects the peculiarities of meetings, the material side and other points.

If the child is not common

In a situation where a man has proved the absence of family ties with the child, a divorce is possible without a court . The functions of the dissolution of the marriage is taken over by the registry office, and the basis for the breakdown of relations is the application of the two parties.

Consider two situations:

  1. The spouses jointly brought up the child of the mother from another marriage. In such circumstances, the civil registry office handles the divorce.
  2. A man adopted a child after marriage. In this case, the baby is common under the law and with regard to it the same legal requirements as for a native son / daughter. In this case, you can only separate through the courts.

If the child is disabled

If there is a disability, the dissolution process follows the same principle. Difficulties concern only the allocation of alimony.

In court, not only the usual alimony (by court order / conditions of the contract), but also take into account additional costs for the maintenance of children. In addition, a man may be required to pay alimony without reference to the age of 18 years of a disabled child, that is, for life.

Step by step instructions

In most cases, spouses do not know where to go, where to ask for a divorce, how to solve the issue of property and joint children. In such circumstances, a step-by-step guide that allows you to gradually resolve the issue of divorce and joint children will help.

Where and where to file for divorce

Depending on the situation, you can apply to the registry office, the district court or the court of peace. For each of the bodies there are certain conditions and jurisdiction, which we will focus on below.

Through the Registry Office

The easiest way to resolve the issue is to end the marriage through the Registry Office.

This option is available if the approval of the divorce from the man and the woman, the absence of conflicts, the presence of the grounds for recognition of incapacity or missing.

Each of the issues requires a separate consideration.

If both spouses are in agreement: is it possible to divorce by mutual consent

The law allows the termination of marital relations through the registry office, provided that the husband and wife approve of such a development and do not have common minor children. Conducting a “direct” procedure through the marriage registry offices is also possible in other cases, which we will consider below.

Finding a spouse legally competent

The word “legal capacity” implies a normal mental state. It is often confused with physical incapacity, but such cases are handled differently, and disabled individuals are protected by the state. Even a paralyzed person can be legally capable, and an outwardly healthy subject is often deprived of this “status.

Grounds for the deprivation of legal capacity

Depriving a spouse of legal capacity can only be done through a court, and to justify this, a medical expert opinion must be provided on the following problems

  1. Significant mental impairment
  2. Inability to control their actions and lack of understanding of the consequences
  3. Lack of clear comprehension of what is happening

Your spouse’s illness can only be confirmed by a doctor and a special commission. Witnesses may be called to provide additional evidence.

If the documents are already ready, then the repeated appeal to the court is not required, it is enough to provide documents to the registry office.

Note that alcoholism or mental addiction (drug addiction) can not become the reason for divorce in the Registry Office at the initiative of one party. In such a case, the participation of the husband / wife in the dispute is mandatory.

Missing spouse

A rarer situation that is grounds for divorce through the registry office is when a husband or wife is classified as missing. Any person close to them can start the procedure, provided there has been no news of their spouse for the past 12 months or more.

If there is no data on the person’s last location, the first day of the month following the month in which the subject’s location was last accurately reported is taken as the starting point. If it is not possible to determine the exact month, the 1st of January of the following year is taken as the starting point.

The decision is made at the judicial authority in relation to the residence address of the relative who officially launched the process. If, however, the person appeared after any period of time, the court ruling loses force. If the spouse has already succeeded in dissolving the marriage during this period, it will not be possible to restore it.

Read more about the declaration of missing persons in the article: https://fedzakon.ru/pravo/grazhdanskoe-pravo/priznanie-bezvestno-otsutstvuyuschim

The husband or wife is in jail

The imprisonment of the other spouse allows the husband/wife to get a unilateral divorce.

If there are no common children or disputed property issues, it is possible to go to the registry office for a divorce without going to court. In this case, the period of imprisonment must be more than three years.

To solve the problem you need to draw up an application, submit documents and wait for a decision. Of papers will need a check on the payment of duty (350 p), an indictment, identity card and marriage certificate.

In other cases, you will have to go to court. Here it is necessary to adhere to the same principle as discussed above. The difference is that it is desirable to attach to the package of documents the indictment (in addition to passport and marriage certificate).

Through the court

In situations that are not discussed above, the divorce process takes place exclusively through the courts, including if the couple have common minor children. In this case, the main thing is to determine which body to apply to from the point of view of jurisdiction.

District court

If the spouses have joint property and common children, and the amount of the dispute exceeds 50,000 rubles, it is necessary to apply to the district court. According to the law, the plaintiff has the right to file a statement of claim at the place of residence.

If the spouse has no possibility to appear at the indicated address, the case can be considered at the registration address of the second spouse.

Magistrate’s Court

In a situation, when a man and a woman want a divorce and have already agreed on the fate of the minor, you can go to a magistrate’s court. This body also deals with the division of joint property up to 50,000 r. Its functions, among other things, include the protection of the interests of children and determining the amount of alimony payments.

Through the State Service

By law, the parties have the right to submit an application through State Services. To do this, go to the category Registration of divorce and follow the prompts of the site. Thereafter, the dispute is resolved amicably or in court. If one of the spouses dies, the marriage union is dissolved automatically. If there are children, it is not possible to submit an application via Gosuslugi. The only way is to terminate the marriage through the court and then send it to the registrar using the service mentioned above.

Which court to file for divorce

Spouses are often confused about which court is available to register an application to start the divorce process. When choosing an option, it is necessary to consider the specifics of each institution.

Magistrate’s court: conditions

Under the terms of the Russian Federation Code of Civil Procedure, Article 23, application to the magistrate’s court is possible in the following cases:

  1. Husband and wife have decided on the further fate of the baby
  2. The value of the disputed property is less than 50,000 r
  3. Need a formal dissolution of the marital union
  4. Need to determine a flexible or fixed amount of alimony

Together with the claim for dissolution of marriage, you can submit a requirement for the court to determine the place of future residence of children, as well as the peculiarities of the educational process. If during the trial the spouses have disagreements about money, place of residence or material support for the child, the justice of the peace transfers the case to the district court.

District Court: Conditions

For more serious issues, participation in district court proceedings is necessary. The subtleties of appeal under the Russian Federation Code of Civil Procedure (Article 24):

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