Dissolution of marriage: what you need to know
Sergey Storozhenko, director of the anti-crisis group, told how to get a divorce so as not to lose property, protect the interests of children and keep your sanity.
Read to the end and you’ll find out:
Where to go to get a divorce
How to get a divorce online
How to properly prepare an application, which documents to prepare
How to divide money, real estate and debts
What children get in a divorce
Divorce with termination of parental rights: what you need to know
How much costs a divorce, and who pays for a divorce
How to keep a mental balance if there are conflicts
No time to read? – Get expert help now:
Where to go to get a divorce
It is possible to dissolve a marriage:
- in a registry office
- in a magistrate’s court
- At the district court
Where to go in your case, depends on whether you have common children, whether you need to resolve disputes about the division of property and alimony.
Dissolution of marriage through the registry office
The application for divorce is filed in a Registry Office, if:
- Both spouses agree to divorce
- One spouse initiates a divorce, while the second is legally incapacitated, declared missing or imprisoned (sentenced for 3 years or more)
Apply at the Registry Office, where the registration took place, or in the registry office of the locality where one of the spouses lives. If this is a large city, you need to find the registry office, which refers to a particular district. For example, you can find the right office in Moscow in Google maps or by the name of the nearest metro station on the “Registry Offices of Moscow” website.
Divorce through the registry office can be quick: usually within 1 month of receiving a joint application for divorce.
Divorce through the court: world or district court?
The application for divorce is filed in court if:
- There are common children under 18 years of age
- One of the spouses refuses to divorce
- One of the spouses does not explicitly refuse to divorce, but does not sign the application
- You can not agree on how to divide property
But in what court to apply: the world or the district court?
In the world court, if there are no disputes over the property, or its value is not more than 50,000 rubles; there are no disputes about the children and alimony.
In all other cases, we apply to the district court. In particular, if you need to determine with whom the children will stay, the amount and order of payment of alimony, who and how much is due from the family property.
The application is filed in the court, where the defendant is registered. If you do not know where he lives, file a lawsuit at the last place of registration, which you know.
You can go to court at your place of registration if you have children living with you, or you are not allowed to travel long distances for health reasons.
How to get a divorce online
Divorce over the Internet is only possible if no court involvement is required. Or on the basis of an already prepared court decision.
Go to the site of the MFC of your city or the site “Gosuslugi” . There is a detailed description of the procedure for obtaining the service “state registration of dissolution of marriage”.
How to correctly write a statement of divorce, which documents to prepare
For the Registry Office
There are special divorce application forms for the registry office. These are forms No. 8 (application from two spouses) and No. 9 (from one of the spouses), approved by Decree No. 1274 of the Government of the Russian Federation. Download the forms in Word here .
What documents are needed for divorce in the Registry Office:
- passport of the applicant(s);
- marriage registration certificate;
- Documents confirming the status of the second spouse, if he is incapacitated, missing or is in prison;
- a receipt for payment of state duty.
Usually ready forms are issued in the registry office. Make a call to your registry office and ask for details. This includes additional documents.
For the court
The application for dissolution of marriage for the court make in free form, but in compliance with the general requirements of the lawsuits (Article 131 of the Civil Procedural Code). Forms you can ask the Secretary in court or download from the Network.
If there is a dispute, with whom they will leave the children, or property conflict, it is important to substantiate their demands, to bring evidence, to attract witnesses to the case.
What documents are needed for a divorce through the court:
- passport of the applicant;
- marriage certificate;
- Copies of birth certificates of children;
- Extract from the house book;
- a list of family property;
- documents of title to property;
- certificates of salary;
- Receipt of payment of state duty;
- characteristics, certificates.
and others, depending on the nuances of a particular dispute.
How to divide money, property and debts
All money, property and debts that spouses acquired during the marriage are divided in half (Art. 34 FAMILY CODE). But it is so simple only in theory.
In practice, you can get more or less. Depends on many factors, including the qualifications of your lawyer.
What property is divisible:
Assets that do not divide:
This is important:
Even “undivided” property can be divided. For example, if you can prove that its value has increased substantially through contributions of family or personal funds, as well as the labor of the non-owner.
Debt payments can also be waived. Personal debts everyone pays for himself. And even if you took a loan when you were married “for two,” and your spouse spent all the money on his or her own needs, gather all the evidence for the court. Most likely, you will be released from having to pay.
What do your children get in a divorce?
Children do not participate in the division of money and property (Article 60 of the Family Code). Everything is divided between the spouses.
However, the court has the right to award one of the spouses more, in the interests of the children.
It is not enough that the children stay with you and you have to provide for them.
It is necessary to prove the existence of exceptional circumstances, otherwise the court will refuse you (appellate determinations of the Tyumen Regional Court from 24.12.2014 in case № 33-6823/2014, Vladimir Regional Court from 15.01.2015 in case № 33-43/2015).
What can refer to exceptional circumstances? For example, that during the marriage the spouse did not work and spent the family savings for personal needs (clause 2, article 39 of the Family Code).
A mother with many children managed to get 2/3 of the common apartment through the court. The husband did not participate in the monetary support of the three children (determination of the Moscow City Court of July 24, 2014 in case No. 33-25797).
The spouse did not receive half of the common apartment, as the loan was paid by the wife, and 2 young children remained to live with her in the disputed apartment (appellate determination of the Moscow City Court on 10.04.2015 on case № 33-7689).
Exceptional circumstances can also be recognized as children having chronic diseases, the need for additional costs for medications and medical procedures. That is, if the children are seriously ill, and the spouse does not help, the mother (father) can sue for most of the money and property.
Children are entitled to child support in an amount not less than: 1/4 of the income of one child, 1/3 of the income of two children, half of the income of three or more children (Article 81 of the Family Code). These amounts can be claimed in court. Depending on the circumstances of a particular family, child support may be increased.
The main thing is not to abuse the rights, not to force to pay alimony of non-native parents:
A man paid child support to someone else’s child for 2 years. This was found out by the results of genetic examination.
Through the court, the man managed to oblige the former spouse to return the money in the amount of 150,000 rubles. The woman refused to pay. Then the bailiffs seized the Toyota car, sold the car and transferred the money to the cheating father (source: https://ngs24.ru/news/591137/view/).
Get expert help to get more money and property for your children
Divorce with termination of parental rights: what you need to know
It is impossible to combine divorce and termination of parental rights under Article 69 of the Family Code. These are two different requirements, which means that the lawsuits must be filed separately.
But partially limit the second parent in the rights simultaneously with the dissolution of the marriage – it is possible. For example, allow to see each other only on certain days, and limit the time to communicate. You can prohibit children from living with a parent, if it is dangerous to their life and health.
How much does it cost to get a divorce, and who pays for the divorce?
Who and how much does one pay for a divorce?
If the application is submitted to the Registry Office:
650 rubles each of the spouses pays, if the decision is joint;
350 rubles pays the one who files for divorce: if the second is declared missing, incapacitated or sitting in prison.
If the application is submitted to the court:
650 from each spouse.
The one who files the lawsuit pays. That is 1,300 for two people. The application may include a request for reimbursement of half of the amount paid in state fees.
The law exempts from payment of state duty: disabled persons of 1 or 2 groups, veterans of the Great Patriotic War, Heroes of the Soviet Union and the Russian Federation ( 333.35 of the Tax Code). But only if the claim for the dispute is less than 1 million rubles.
See details about the state duty amounts in art. 333.26 of the Tax Code of the RF.
How to keep your sanity if there are conflicts
If there is a serious conflict with your spouse, there are threats against you, and it comes to “kidnapping” your children and selling your property without your consent, urgently contact a specialist in divorce cases. So you can protect yourself and your children from an inadequate spouse and divorce them without meeting in person. A family psychologist by proxy will do everything for you.
Divorce in 2022: Divorce Procedure
How to divorce when spouses have children, common property and other risk factors that complicate the divorce process.
Divorce these days is not a tragedy and not a disaster, but an everyday procedure. But still not everyone faces it, so the divorce process needs clarification. For example, when it is necessary to go to court, and when you can get by with a simpler procedure. You should also consider how to divorce when spouses have children, common property and other risk factors that complicate the divorce process.
When you can get a divorce
In order for a divorce to be registered, there must be a reason. Circumstances may vary, but they usually fall into one of these categories:
- The desire to dissolve the marriage is demonstrated by one of the spouses, or both members of the couple want it.
- A demand to end the marriage is expressed by the guardian of an incompetent spouse (if the marriage can harm the ward).
- One of the spouses dies.
In any case, the procedure is fairly simple and takes a minimum of time.
How to dissolve a marriage with your wife or husband without a trial
Dissolution of marriage without a court can be performed if the spouses do not have minor children. Such a relationship is dissolved in the nearest registry office – just submit an application. Applications may write each spouse or file a general application. Pay the state duty of 650 rubles for each.
It is possible to submit an application on the Gosuslugi platform. The state service under consideration only works if both spouses are willing to go through with the divorce. Since Gosuslugi is an online service, the state service for divorce can be obtained after an online application is submitted. You only need one spouse to submit the online application for credit. This can be done in the service’s personal account. In the form, you need to select the registry office and the date on which the divorce can be performed. In order for the public service to be received, the second spouse must confirm the divorce through their personal account in the system.
The next step is to submit a joint electronic application for divorce, amplified by the UCEP . It should be sent to the address of the chosen registry office. When the document is executed, the state duty should be paid. Due to the fact that the state service is provided online, people who have used it will be given a discount on the state duty – 30%. That is, pay only 455 rubles instead of 650 rubles.
When the day selected for divorce arrives, go to the registry office to pick up the certificate of dissolution.
Open the section “Registration of dissolution of marriage. There you can file an application.
It is necessary to select the grounds for dissolution of marriage in public services. Specify that both spouses agree.
When you have executed your application for dissolution of relations, you need to send an application to the second spouse. But this procedure will only work for people who have a UCEP. Otherwise, you will have to act according to the standard scheme – by going to the registry office. Sometimes it is possible to get a divorce at the registry office without the consent of the other spouse. The reason for this is the incapacity of the second spouse, his conviction for three years or more, or the status of a missing person. If there are children, the online state service may be filed only when it comes to adult children.
When to apply for divorce in court
Divorce in court should be held in almost all cases that do not fit into the above list of circumstances. The court process can not be avoided if the spouses are the parents of minor children. Court proceedings will also have to be initiated if one of the spouses opposes the divorce or agrees, but for some reason does not file for divorce.
Filing for divorce in court
When filing for divorce in court, it is important to clarify which court to go to. Such cases are handled by district and magistrate courts. It is possible to file papers in the magistrate’s court when:
- The couple has agreed who will be engaged in the upbringing of a common child, with whom he will live, thought about how often the second parent will be able to see with the child. The document can be drawn up in any form. It is better if the agreement is notarized.
- Commonly acquired property is worth less than 50 thousand rubles or there is no property at all.
- There is common property and it is expensive, but there is no disagreement on how to divide it. For example, on the basis of a marriage contract.
If the case is more complicated, you will have to go to the district court. And you have to choose the branch that is closest to the registration address of the spouses or one of them (the defendant). But if the plaintiff has health problems, etc. he can file an application at his address of registration. Find the website of the courts of your city and find the right address for your address.
Go to Territorial Jurisdiction. There you will find addresses from the entire district. You can download the file under consideration.
In order for the application for dissolution of marriage to be accepted, it must be accompanied by the necessary set of documents:
- A copied certificate that the marriage was consummated;
- A payment for the state duty of 600 rubles (may be more if the requirements are more than just to dissolve the marriage);
- If the application is submitted not by a spouse, but by a lawyer – a power of attorney;
- When disputing child custody – copies of their birth certificates;
- Dispute over property is supported by documents of title (copies), receipts of payment, receipts.
Prepare a copy of the statement – it must be sent to the second spouse. Attach the document to the claim – the court will send it itself. If any documents already have the second spouse (copies of marriage certificates, birth certificates of children) their copies are not necessary. Just show the originals in court.
Many requirements for a statement of claim. It is important that the document provided all the fundamentally important information:
- The name of the judicial body, who are the parties (names of citizens), phone number of applicants and other contacts.
- What requirement is put forward to the court – the desire to dissolve the marriage.
- Justification for division of property and calculation of how it should be divided.
- Reasons in relation to minor children.
- A list of papers to be attached to the application for dissolution of marriage.
At the end of the application for dissolution of marriage must be signed.
Application for dissolution of marriage can be submitted by using the Internet. Online filing has been possible since 2017. Simply go to the GAS “Justice” platform. The state service under consideration is completely free.
To use the system, you need to have an electronic signature and authorization on the Gosuslugi portal. Log in to the system and attach documents for termination of the relationship. The screenshots show how you can do this, so that the gosusludukh service is properly executed.
It is enough to open the website of your district court, go to the section “Submit procedural documents electronically”. And you can proceed with the procedure to dissolve the marriage.
Now find “File an Appeal” to dissolve the marriage union.
Don’t forget to confirm that you agree with the rules of the system. To log in to dissolve the marriage, use ESIA.
Specify what type of court procedure is being used – civil.
A drop down list will appear where you will select “Statement of claim” to dissolve the marriage.
Now you can add scanned copies of the petition and the attachments that go with it.
How to proceed with a divorce
The divorce process has its own intricacies. In order for everything to go perfectly, you need to take this into account. Dissolution of marriage in court has peculiarities. The court must protect the interests of the party who may be affected. For example, the spouse who wants a divorce, but who is not granted a divorce. Also, the court is obligated to protect the children. That is, if the parties can not come to an agreement, this will be done for them by the court.
However, you should take into account that the court procedure takes a long time. If the registrar will divorce the couple in a month, the court only gives three months for application. If you want to divide the property and find out where the children will live, the terms are much longer. When the decision is already made, you need to wait until it takes effect – this takes about a month.
Next, you have to go to the registry office to have the divorce recorded there. But if you do not plan to remarry with another person or do not require certificates of family composition, you can do without going to the registry office.
As for alimony, it has nothing to do with the divorce petition, because you don’t have to be divorced to get child support. Alimony can be awarded in a relationship, as part of the divorce proceedings, or after the divorce has taken place. Even if it happened a long time ago. As for the division of property, this procedure involves almost the same rules as in the case of a divorce. But property can only be divided within three years of the divorce.
If you want a quick divorce, it is better to initially apply exclusively for a divorce. Then start dividing property and claiming alimony. But if you want to save money, it is better to go to court with one case, putting into it all the issues of interest – dissolution of marriage, alimony, division of property. Although such a case will be considered longer.
Terms of the dissolution of marriage
Dissolution of marriage of spouses is a long procedure, if you have to deal with where the children will live or who will own joint property. But if there are no children, the case in the magistrate’s court will consider within a month. If you go to world court, the period extends up to two months. Although in most cases, one session or two visits to court are enough. Sessions are held with a break of two weeks. If the second spouse refuses to divorce, the court will give three months for the spouses to reconcile. If property is to be divided, the divorce will be stretched over many months.
When it comes to children, the spouses will be divorced as quickly as possible, depending on the situation. The fastest way is to agree on who the children will live with and how much to pay for child support. Then a couple of sessions will be enough. The more points of contention, the further the case will move forward.
How does the divorce trial work?
Court proceedings take place under the rules of civil law. Terms vary depending on whether the divorce is voluntary or not.
- Spouses divorce by common consent. This situation has an ideal power arrangement. Even better if the couple has no children or common property. Then the judge will proceed immediately and issue a court order at the same time. But the judgment will not take effect until one month after the reasoned judgment, which takes five days to prepare, is provided.
- Without consent of the spouses – one spouse does not recognize the claims of the other spouse. The judge must find out each person’s position and support it with documents. After hearing the position of the parties, the court will make a decision. But the process will take longer if you need to conduct an examination of the property, to interact with representatives of the guardianship and custody.
- When the spouses have a child. Specialists from the guardianship authorities come to the home of the spouses to assess where the best living conditions for the baby. The court will take into account the opinion of the child who is over 10 years old.
- A prenuptial agreement. This document states in advance how the spouses will divide the property. If the contract is not contested, the divorce will go quickly.
If the plaintiff does not show up – he has no interest in the divorce. If both spouses are absent, the lawsuit will not be heard. When there is no defendant, the court will not consider his interest. But only if notice of the venue has been received. If not, consideration will be postponed to a long time. Come in person is not necessarily – you can write your position and bring a document in advance to court. You can use the services of a lawyer or trusted person.
Automatic divorce can be issued only if one of the spouses has died. Divorce with a foreigner is carried out according to standard norms of the Russian Federation. If you divorce a foreign citizen in another country you should consult the laws of the country where the couple are, at the Consulate of the Russian Federation or by filing an application to the court of the Russian Federation.
The recognition of a marriage as invalid is only possible if certain nuances are met. For example, one of the spouses did not want to marry, or if he or she has not reached the age of 18 (no agreement of the city administration to lower the age of marriage to 16 years). Also, a new marriage will not be recognized if one of the spouses is already married, incompetent, or hiding a venereal disease or HIV. Marriages between close relatives will be invalid.
Possible Difficulties in Dissolution of Marriage
Dissolution of marriage can run into all sorts of problems. To begin with, the defendant ignores receiving notices of divorce and does not appear in court . But even this ignoring the divorce is not a reason to get a divorce – the proceedings will still be finalized.
When the plaintiff does not attend court, it will also not prevent the dissolution of the marriage. But only if he sends a representative (a lawyer or a person who will represent his interests by proxy) instead of himself. If you want yourself to come to court, but this does not work under the weight of circumstances, it is worth to send a request to postpone the meeting. But such a petition will satisfy only if there is a valid reason for absence – business trip, treatment in hospital. It is desirable to indicate why the case can not be considered without a participant. For example, he plans to attach documents to the case, etc.
The problem is the disappearance of the spouse. Such a circumstance can delay the consideration of the process. The person will be sent notices, but if ignoring the meeting will continue, the court will consider the case without you. Another thing is if the spouse has a missing person status. Then you can dissolve the marriage not through the court, but through the registry office.
Pregnancy of a spouse by another man is not a reason for dissolution of marriage, if you believe the Family Code. Dissolution of marriage is only possible if the pregnant woman consents to it. The same rules apply after childbirth – until the child is one year old.
Another problem is when they do not want to accept the claim. The main reason for refusing to accept a petition is non-payment of the state fee. If the state fee is paid, the court will refuse to accept the divorce application if it is sent to the wrong court. If the court returns the application and does not consider it, a determination will be sent to the sender that spells out the deficiencies of the petition in question. Having corrected these deficiencies, the application will be accepted if it is sent again.
A divorce, if the marriage certificate is lost, will happen. It is necessary to retake the document in question or send a petition to the court so that the court itself requested a certificate from the registry office.
State fee and the cost of a lawyer in a divorce through the court
We have already said that a divorce through state services will cost a little less than the standard payment procedure. But let’s take a closer look at the rates:
- To dissolve the marriage in the standard way. Six hundred rubles for one spouse.
- To determine the order of communication with the common child or decide other requirements of non-monetary order. Each requirement requires payment of 300 rubles.
- To divide property. The maximum fee is 4% of the value of the property to be divided.
- To consider a case for the recovery of alimony. It is necessary to pay 150 rubles.
If you hire a lawyer, the price of their services will depend on the region, the circumstances, the professionalism of the specialist.
When they can refuse to process the dissolution of marriage
Refusal to consider the case comes if the requirements in it have no grounds or violate rights. But if a person demands a divorce, they cannot refuse. Marriage is a voluntary union, and if one of its members wishes to be free, the court cannot refuse it. Although if it is a pregnant woman who does not want a divorce, it violates her rights, which means that the divorce will not take place until the child is one year old. The exception becomes when both spouses want a divorce.
Reconciliation and refusal to divorce
Spouses can reconcile. Courts often use the procedure of postponing proceedings for three months. This period is granted so that the couple has time to sort out their relationship. If reconciliation occurs, the plaintiff may refuse to divorce. If conflict arises again, the couple can file for divorce again.
Obtaining a divorce certificate
Once you’ve figured out how to file for divorce, you need to clarify what to do if the divorce has already occurred. You need to get a divorce certificate – you can pick up this document at the registry office. In order for the registry office to issue the document, before you go to the office, you need to take a statement of the decision from the court. Also take your passport.
An application for a divorce certificate can be obtained through the online portal Gosuslugi. If you pay the certificate in the usual way, the state duty will be 650 rubles, and if you pay directly on gosuslugi, the price will be less – 455 rubles.
The main thing about divorce
To get a divorce, such a desire must be expressed by at least one of the spouses . The exception is a pregnant woman – if the spouse wants a divorce, the girl must give her consent. This rule applies until the child is one year old. If there are no common children and property – divorce in the registry office. If you need a divorce without disputes about children and property (the price of which is less than 50 thousand rubles), go to a magistrate’s court. And if there is a dispute – go to the district and city court. Filing an application to the court can be sent through the Internet – using the state services. Term of a divorce in court is from a month to a year.
Get legal help on the issue of dissolution of marriage of spouses can be on our site.