Where to file for divorce: let’s explore in detail

How to properly file for divorce in 2022?

Divorce, or in other words, the dissolution of a marriage, is the beginning of what the average person does not encounter in everyday activities. It is a world of courts, paperwork, wording, and control over one’s actions. In order for the introduction to this phenomenon to go as smoothly as possible, it requires the consent of both parties. But often things take a different storyline. How then to divorce correctly and without a nervous breakdown ?

Contents of the article

First, let’s remember how it all began, and then consider what options you have for action.

Conclusion of the marriage.

In other words, you entered into a marital relationship, which is essentially a contract between you for living together, raising children, acquiring and disposing of property, and running a joint household. Like any contract, you could have entered into a marriage simply by registering, or you could have entered into a prenuptial agreement.

Normal marriage registration is based on the provisions of family law, which regulate in some detail the procedure for concluding and ending a marriage, the relationship between the spouses, raising children, property ownership. The marriage contract, as a rule, expands the legal provisions on the treatment of spouses. And, as well as any contract, it can be dissolved.

Dissolution of Marriage

This is the official name for a divorce. You can get a divorce in two ways:

1) through the civil registry office (Registry Office) . If you and your spouse are in mutual agreement and there is no dispute about children, division of property, alimony payments, then this is your option, and you simply submit an application for divorce.

2) through the court. This is where you go if:

– your partner refuses to divorce ;

– your partner kind of agreed to a divorce, but for some unknown reason to you still evades the dissolution of marriage in the registry office and refuses to submit an application;

– You and your partner have common minor children under the age of 18 years. But if your spouse is recognized by a court as missing / incapacitated, or he was convicted of a crime to imprisonment for a term exceeding three years, then the dissolution of marriage is carried out at the registry office. If there is a mutual consent to the dissolution of the marriage and there are minor children, the court will dissolve the marriage without clarification of the reasons for the divorce. You are entitled to submit to the court an agreement on the children. If there is no such agreement, or if the agreement violates the interests of the children, the court will take measures to protect their interests;

– If there is a dispute about the division of property.

Remember that the dissolution of marriage, division of property, disputes about children, disputes about alimony are all different processes in terms of legislation, although they may be combined.

What to do, if you can carry out a divorce only in court

  1. Pay a state duty of 600 rubles;
  2. Make a statement of claim and send a copy to his spouse;
  3. Attach the original marriage certificate to your application (it is the original, because although the Supreme Court of the Russian Federation explained back in 2016 that the original is not required, in practice courts often refuse to accept an application without the original), a receipt for the payment of state duty and a receipt for sending a copy to the spouse and send it to court*.

If there are no children and no property dispute, the application must be filed with a justice of the peace. In other cases – to the district court. The claim is filed in the court of residence of your spouse.

*Now the most important thing. Before filing an application for dissolution of marriage in case of disagreement of the spouse or his evasion from the dissolution of the marriage, you need to prove these circumstances. To do this, send your spouse a letter/telegram, indicate there the date, time and place at which he must appear for the dissolution of marriage. The notice is considered served from the time of receipt at the post office, but it is better to add 3-5 days. This letter and the receipt of sending should be attached to the statement of claim . For filing a lawsuit is enough the fact of sending a letter.

Legal support of the divorce process

Get free help from an experienced lawyer at the link below. Consultation is possible online or in our Moscow office.

The statement of claim has been sent. What next?

In practice, the duration of a divorce case depends on related factors: whether or not there is a dispute about property or child-rearing.

If there is an agreement about property or children, the divorce will most likely be finalized within three months. This depends on the actions of the parties and the judge. The judge may decide to allow up to three months for reconciliation. This process is not regulated in any way.

For example, the spouse you are divorcing files a motion for a period of time to reconcile. It is difficult for a judge to deny this request in the absence of any serious arguments (such as a long separation). In terms of the reasonableness of their decision, it is easier for the judge to grant the three months for conciliation than to deny it.

If you have a dispute of any kind, then the divorce process can take much longer.

A separate issue is the division of property. Everything is obvious, if there is an agreement on the division of property or the spouses have concluded a marriage contract, which provided for the order of division of property. Then the court has nothing to, shall we say, interfere with. The only thing the court will check in any case is whether the agreement does not violate the rights of anyone, whether the spouses, children or third parties.

If there is no agreement or prenuptial agreement, the court will have to work out these agreements. The court will have to base its decision on the current law. It states that all of the property acquired by the spouses during the marriage belongs to them in equal shares. Nuances of the section may arise in the case of a dispute about when the property was acquired – before the marriage or during the marriage. Or the property was gifted to one of the spouses. A very difficult case is if the property was bought with the money, which in turn was gifted to one of the spouses. The problem with this case is that it is very difficult to identify the money received outside the marriage from the money that was earned during the marriage.

An even more difficult point is the mortgage . Especially if the mortgage was taken out on one of the spouses, and the apartment purchased on that mortgage loan belongs to the spouses in equal shares and is jointly owned by the spouses.

This is the kind of issue that requires a more serious approach from the court and can delay the issue for a long time. For more information about division of property in a divorce, read a separate article on this topic, at the link.

After the court makes a decision on divorce, you must go to the registry office and obtain a certificate of dissolution of marriage. The issuance of the certificate is subject to a state duty of 650 rubles.

If you do not want a long divorce

As a divorce and, for example, division of property is not required to be resolved in one claim, it is most convenient to submit first a claim for divorce . And after that – a separate claim for division of property. Thus, you will, on the one hand, already divorced, that is, you can act on their own. On the other hand, you have the opportunity to divide the property through the court and, accordingly, to settle this issue.

Conclusions

As we can see with you, the procedure for divorce is described in sufficient detail in the law and requires very precise execution of formalities. Given that the spouses are already under stress during a divorce, it is very difficult, without being professionals, to conduct the process about the divorce correctly and as quickly as possible.

So my advice is that you definitely need to involve professional lawyers. So personal matters like divorce are seriously disruptive. The work of organizing a divorce and carrying out all the legal procedures can be an overwhelming burden.

How to file for divorce: Where and where to file for divorce

–> Кстати: Знаете о нашей услуге «Развод без стресса»? Подробнее –>

How does the divorce process work? Where to start? What documents are required? What do you have to pay? Where to go, what to do and how quickly it all happens? In order to orient you in this situation, we will discuss in detail the main stages of the divorce process and their features. You can find more complete information on how to process a divorce as quickly and easily as possible here.

Where and where do I need to file my divorce application and documents?

You have two options for where to file for divorce, depending on the circumstances of the case. Authorities with jurisdiction over divorce matters include:

Keep in mind, a divorce petition is filed in most cases at the defendant’s place of residence. Provide the current registration address of the future ex-spouse to whom you are filing for a judicial dissolution of marriage.

Divorce is heard by a magistrate’s court if:

  • one of the parties opposes the termination of the marriage;
  • the divorcing parties have children of minor age.

Also magistrates also have jurisdiction over disputes over the division of property, provided that the value of the claim does not exceed 50,000 rubles. All other family disputes, including alimony, are heard by the district court. At the same time, the application for a court order for alimony should still be filed in the magistrate’s court.

Registry Office

Dissolution of marriage by applying to the registry office – a simpler procedure that will take a relatively small amount of time and require a minimum of effort.

Apply to the Registry Office, if two conditions are met:

  • divorce is a jointly made decision, neither of the spouses do not want to keep the family;
  • in the family is not a minor children.

The application may be filed at the choice of the applicants:

  • To the Registry Office where the marriage was registered;
  • In Registry Office at the place of residence of the wife or husband.

Divorce procedure and rules of filing

What is needed to initiate the process? So, in order to give course to the procedure of divorce process through the court, you should compile and submit a statement of claim. The judge has 5 days for its adoption to production. At the same time it may be left without movement (or even returned) in the presence of legal grounds: the inaccuracies, errors, violation of the rules of jurisdiction.

to Prepare a claim for divorce is possible and yourself, but it is problematic in situations, when in addition to a divorce need to solve a number of issues, such as communication with children, child support, division of property. It is at this stage it is difficult to overestimate the help of a qualified lawyer.

With careless attitude to the documents submitted to the court, the process of dissolution of marriage may require much more time and effort than with the participation of an experienced lawyer on your side, who knows all the nuances of divorce and will ensure the termination of the marriage in the shortest possible time, preventing any unnecessary red tape.

the Cost of legal services of our specialists is fully commensurate with your physical and moral costs of an independent conduct of the divorce process. Voiced in the process of consultation the amount will be final for you. No hidden fees or unilateral changes in cost – only honesty and quality work.

What procedures will take place after the application is filed:

  • If the statement is all in order, the norms of the Civil Procedural Code and the UK RF, it is accepted by the court for production and will be considered after 1 month from the date of filing.
  • Appointment of a court session and in case of absence of one of the spouses, who did not ask to consider the case in his absence and did not send a representative, the court session may be postponed. By law, two absences of the plaintiff is enough for a statement of claim to be left without consideration. Failure by the defendant to appear may result in a judgment of divorce in absentia which will take longer than usual to become effective. If the summons or judgment is not received due to a failure to appear at the post office to collect it, the litigant is considered to have been duly notified.
  • The decision of the court on the divorce shall enter into legal force one month from the date of its production by the judge in final form.

How to properly write a divorce decree?

The application for divorce must contain the following information:

  • Name and address of the court;
  • Name, address of residence of the spouses and other contact information;

In addition, since October 1, 2019, the following information about the defendant is required in the application: date; place of birth; place of work; one of the identifiers: SNILS, TIN, OGRNIP, series and number of the identity document, driver’s license, vehicle registration certificate. Provided that this information is known to the claimant.

  • Information about marriage according to the certificate (when and where the marriage was concluded, the number of the act record);
  • Presence or absence of common minor children, if any, name and date of their birth should be specified;
  • Presence or absence of disputes about children and property;
  • reasons for divorce;
  • actual date of termination of marriage relations;
  • The requirement to dissolve the marriage.

What documents do I need to file for divorce?

A detailed description and a complete list of required documents can be found in our article: Documents for divorce.

Due to the large number of legal intricacies in cases of divorce resolved through the court, legal assistance is an important step in the preparation of documents!

Thanks to qualified legal help of specialists of ICPI “Planet of Law”, knowing all the details of the procedure for registration of divorce, including with foreign citizens, all your divorce formalities will be completely resolved without your personal participation and presence in the state bodies. Call + 7 (495) 722-99-33 or write on WhatsApp.

How much do I have to pay for my divorce? Where and what to pay?

  • The fee for divorce through the Registry Office is 650 rubles. If divorcing a marriage unilaterally – 350 rubles.
  • State duty for divorce when filing a lawsuit in court – 600 rubles. If the simultaneous claim for division of property is stated, the state duty is calculated in proportion to the claim, according to the rules of Article 333.19 of the Tax Code of the Russian Federation. You will have to pay 300 rubles for each non-property claim.

State duty may be paid through any of the banks or through the portal Gosuslugi.ru.

Read also: State duty in a divorce through the court or Registry Office in 2022. How much and what do I have to pay?

How long does the divorce process last?

  • If both spouses agree that divorce is inevitable, the application is submitted to the Registry Office. The deadline for obtaining a divorce is one month.
  • If there is disagreement over the divorce or minor children, the dispute is heard by the justice of the peace – the minimum period is 2 months, the maximum about 7 months.
  • If the dispute is considered by the district court, claims are made about the property and children, the divorce process can be very long. It will no longer be 2 or 3 months, but on average about half a year.

Note: If one of the spouses does not want a divorce and insists on preserving the family – the court may set a period for reconciliation within three months, during which the defendant may attempt to restore marital relations with the plaintiff.

© “Planet of Law”, at full or partial copying of material reference to the original source is obligatory.

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