Greetings, dear readers!

Unfortunately, many married couples experience some problems in their relationships, they have conflict situations that can lead to an undesirable end - divorce. In such circumstances, it is important to act wisely. What should you know so that the divorce does not drag on for many months or years, and goes quickly and without unnecessary worries? It is necessary to familiarize yourself with a specific action plan for such cases and comply with a number of regulations provided for by the legislation of the Russian Federation.

Important nuances during divorce

An official marriage is a relationship between a man and a woman, which is legally enshrined in the registry office.

Typically, divorce proceedings concern two important parties:

• common children;
• jointly acquired property.

The above-mentioned problematic points can be resolved peacefully - by achieving mutual consent of the spouses; if one party has any objections, then only a trial will help resolve all the issues that have arisen.

The court, having the necessary competencies, will determine how and with whom the children will live, resolve issues about their future maintenance, and also divide the property of the ex-husband and wife. It should be noted that not always both spouses are ultimately satisfied with the court's decision.

When reviewing the issue regarding joint children, you need to take into account some subtleties:

• most often children remain to live with their mother;
• a child who is 10 or more years old has the legal right to express his point of view in court about with whom he wants to live after the divorce of his mother and father;
• the parent with whom the child will not live after the divorce legally pays money for the maintenance of the child.

The issue of division of acquired property has the following features:

• property acquired jointly during marriage is equally distributed between the spouses;
• the party that did not make a monetary contribution to the common capital due to being busy with household chores and caring for a child is not deprived of the right to claim property;
• Property that became the property of the parties before they entered into a marriage relationship, as well as property transferred as a gift or received by inheritance, is not subject to division.

Important! It is possible to resolve issues without court intervention if an agreement is reached between the spouses. It is necessary to draw up a document on the agreement of the parties, certified by a notary

According to the laws of the Russian Federation, only three authorities are authorized to consider divorce cases.

These include:

• district court;
• MARRIAGE REGISTRY;
• world court

Appealing to each of the authorities has corresponding rules that should be taken into account by divorcing people.

Through the registry office

The least time-consuming is divorce through the registry office. You must have with you the documents required by law, a completed application and a receipt with the paid fee.

Termination of relations through the registry office is available on the following grounds:

• absence of common children and disagreements over property;
• one of the spouses has been declared missing by the court;
• the court declared one of the spouses incompetent;
• one of the parties has a sentence of up to three years in prison.

You can get a divorce at the registry office at your place of residence or at the registry office where the marriage took place. A month after filing the documents, an official form confirming the divorce is issued.

Judicial divorce

Divorce can be effected by filing an application with one of the authorities: the district or magistrate court. The simplest and fastest way would be to dissolve a marriage through a magistrates' court. In the district court you will have to spend not only a lot of time, but also nerves.

Regardless of the chosen court, the procedure for preparing for court is identical:

• filing an application (claim);
• verification by court employees of the documents presented to them and the subsequent appointment of a hearing date;
• consideration of the case and making a decision;
• notification of a court decision by the registry office, which issues a certificate of termination of a legal marriage.

The main document with which the divorce procedure begins is the statement of claim.

This document should be drawn up carefully, following the law of the Russian Federation, and correctly state all the circumstances of the case and the necessary requirements.

The submitted application must include the following items:

• name of the judicial authority to which the applicant applies; information about the parties involved in the trial;
• information about marriage, presence/absence of common children, property;
• applicant's requirements.

The application must be submitted at the place of residence of the defendant, unless the plaintiff has valid reasons for filing a claim in court at his place of residence.

The court will consider all the circumstances of the case and assign the couple a time for reconciliation, which is three months.

A major difficulty in divorce is the presence of children who have not reached the age of majority. After the parents separate, the child will remain with only one of them. In the best case, the child will sometimes see and communicate with the second parent who does not live with him, but this will no longer be the family that the child wants and should have.

You should think everything over before making such a vital decision for the child and the family as a whole. As practice shows, during a divorce, most often children remain with their mother, but this also radically changes the child’s usual lifestyle, since after such life events mothers move to a new place of residence, which leads to a change of kindergarten or school, the usual environment for children .

Due to divorce, the relationship between mother and child also does not undergo the best changes. It is very difficult for mothers to raise children, both morally and financially. The alimony paid by the child's father is not always enough for a normal life, so single mothers get a job, and sometimes more than one.

The interests of the child come first

Based on the Family Code of the Russian Federation (Part 2, Article 24), the court must, first of all, resolve the issue of with whom the common children will live after the divorce. This procedure takes place if the parents were unable to reach an agreement on this issue on their own.

The age of the children, the nature of their relationship with each parent, the degree of their attachment to mom and dad, and the personal characteristics of the parents are taken into account.

If the child has reached the age of ten, then the court will take into account his opinion about who he wants to live with in the future.

But the court will also necessarily analyze whether they contradict the interests and well-being of the child and his future life.

The courts take seriously what the parents’ income is, what their health is, how busy they are at work, and their marital status. When choosing a legal guardian, the court will not give preference to the parent with the highest income, since all the factors described as a whole are important. A parent can provide for a child in full, but will he devote the same amount of time and love to him?

Alimony payments

Alimony is money for the maintenance of children or one child, which is paid by the parent who did not stay with the children. Former spouses can resolve this issue on their own or in court. If the problem is resolved without a trial, then the parents must certify in writing the order of child support payments, have the document notarized and submit it to the hearing.

It should be remembered that child support is used for the needs of the child: kindergarten, school, clothing, food, etc. You cannot spend money on everything that does not benefit the child.

When drawing up an agreement to pay child support on their own, parents must agree on the needs of the children for which money will be needed. If the issue is considered through the court, then the amount will be determined by a legal decision of the court in accordance with the child’s previous standard of living, which will also take into account all the needs of the children, the financial situation of the parents and other important factors.

If the children are left with one of the parents who believes that the amount of alimony prescribed by the court is not enough for a decent existence for the child, then he has the right to calculate and prepare a version of his budget. The other parent should be familiarized with the new budget for the child. The parent drawing up the budget must present all or almost all possible future expenses for the child, indicate for what purpose this or that amount of money is required. Next, you need to reflect all this data in the divorce application. If a party is represented by a lawyer at trial, then it is imperative to notify him of the prepared budget.

Certificate of entry into the register

When calculating the budget for children, you need to include in it a number of expenses such as payment of a loan or rent, transportation costs, bills for telephone services, television, and other expenses that are directly related to children's needs: clothing, medical services, payment kindergarten, school, creative clubs, etc. It is imperative to indicate the level of your own income in the budget you are drawing up.

If there is no written agreement, the court collects alimony from the child on a monthly basis, starting from the moment the corresponding statement of claim is filed with the court.

Amount of alimony: for one child - 1/4 of the salary or other income of the paying parent, for two children - 1/3, for three or more - 1/2.

Depending on the circumstances, the amount of alimony after a divorce process may vary - up or down.

What you need to know about property division

When to start dividing property acquired by spouses? As the experience of recent years shows, the sooner the divorce process begins, the greater the chance that everyone will receive that part of the property that rightfully belongs to them. When a lot of time passes since the divorce, the amount of hard evidence that is so necessary in court proceedings decreases. People change their place of residence, lose important documents, checks, receipts and other significant papers from a legal point of view.

One more nuance. Everything jointly acquired is subject to division taking into account the market price in force during the process, thus, the more time passes, the less the applicant will receive, because the condition of things deteriorates, and their value, accordingly, rapidly falls. Take a car, for example. Usually it is used by 1 person. Accordingly, if there is a discord in the family, which cannot be resolved, only one person will drive a car - either the husband or the wife. The opposite party will not receive any compensation for the extra kilometers driven, and, if by the time of the trial the car is quite worn out, it will receive only half of the price of the car.

The sale of jointly acquired property can be carried out without the written consent of the ex-husband or wife. A ban on this will only be given by an official ruling after a trial. The maximum you can get is half the sales price, which (a common practice of reduction for tax savings) is often noticeably lower than market prices.

Along with all of the above, the following should be remembered. It cannot be ignored that the time frame for judicial division of property is usually several months. If the opposite party behaves improperly in the dispute, the specified period may increase. Thus, if the division is postponed because at the moment there is no reason to rush, you should remember: it will not be possible to quickly resolve a property dispute, even if there are compelling reasons that cannot tolerate delay.

Every divorce has its pitfalls. It may also happen that all passions subside. In this case, the division of property will occur quietly and immediately, by agreement of both parties.

The conclusion is that preparation for resolving a property dispute should be made on the basis of a sober and clear calculation, with an advance assessment of any risks for the said case.

It is worth considering that the property interests of former legal spouses are completely different. If for one person the speedy division of what they have acquired is a profitable move, then for another, on the contrary, it will be better if the process drags on for a long time. Everyone has the right to look after their own interests and their own benefit. If delaying the division of property is beneficial, a person has the right to use any measures to achieve the goal he needs. There are no penalties for such actions.

What to do first

Based on the experience of recent years, we can conclude: the faster the divorce process takes place, the greater the chances of receiving the property that each of them deserves. Over time, witnesses forget important testimony, which means there is less and less chance of getting what they want.

It is not recommended to delay the division of property for a long time and in connection with the beginning of the expiration of the statute of limitations, equal, in accordance with Art. 38 of the RF IC 3 years from the date of dissolution of the marriage relationship. In some cases (in particular, when dividing property with a disputed transaction), such a period will be only 1 year.

The division of property after divorce involves some characteristic features. It is possible to sell jointly acquired property without the documented consent of the ex-spouse. However, it will be possible to receive only 50% of the purchase price, which is often clearly lower than market prices.

In addition to the above, there are other points. We must not forget that the time frame for judicial division of property is usually a couple of months. In case of incorrect, prohibited behavior of one of the parties participating in the litigation, this period may increase in the dispute. If the process is postponed, you need to remember: it will not be possible to resolve a conflict over property at lightning speed, even if there are circumstances that do not tolerate it.

Any divorce process is accompanied by its own nuances. If it becomes possible to divide everything peacefully, without going to court, this means that preparations for resolving a property conflict should be carried out on the basis of competent and unemotional calculation, with a preliminary assessment of all risks and aspects of the case.

Division of property before and after annulment

According to the laws of the Russian Federation, former spouses have the right to divide acquired property into two equal parts if each of them is satisfied with this option. It does not matter to whom the documents on property and personal belongings are issued.

If it was possible to reach a common agreement, then it is possible to divide the property as desired and beneficial to both parties to the process, up to the transfer of only one party - the wife or husband.

During the judicial division of property, you can receive a significant part of, say, an apartment, if evidence is presented in court that the personal funds of only one of the spouses took part in the purchase (donated by relatives, inherited, savings accumulated before marriage). In rare cases, a judge may award one of the parties more if it is proven that the other party is parasitizing or if there are special interests of children.

Acquired property is divided by assigning shared ownership to it or by transferring to each of the spouses various things of the same value, or by transferring property items to one with additional payment of monetary compensation for the other. Judges decide what and to whom to award, taking into account the established procedure for using assets and the needs of the parties.

Algorithm of actions

In 2017, Family Law allows the issue to be resolved in several ways:

• division of acquired property with the help of the court;
• division of property by mutual agreement of the parties (without trial;
• without division of property, if both parties have no objections).

You should go to court if the spouses tried to reach a mutual agreement, but this did not happen. There are also cases when one of the spouses avoids dialogue, so division of property by agreement is impossible. In this case, the parties to the conflict will face a trial, where they must follow the procedure for filing claims, presenting evidence and various types of objections. In court, such cases are completed after a court decision is made, from which it becomes clear who will own what in the future.

Spouses in the legal process represent opposite parties - the plaintiff and the defendant. The Civil Procedure Code of the Russian Federation provides for all the rules by which disputes between the parties are carried out in court.

The court considers and decides civil cases, having only one goal - to establish the truth, but of a formal nature. Thus, it becomes obvious that the winner will be the side that presents the most significant set of evidence, who is most privy to all the nuances and depths of the laws, the one who understands the dynamics of legal proceedings, and not the side that, from the point of view of humanity, is right and may cause sympathy. This is the principle of adversarial behavior of the parties, established by Article 12 of the Code of Civil Procedure of the Russian Federation.

Litigation between husband and wife is known to be accompanied by the use against each other of what was revealed to them during their married life, long before quarrels and divorce. People try to exert emotional influence to make their opponent feel worse, they try to make him angry. After such psychological pressure, a person may not be able to cope and make many mistakes, say something unnecessary at court hearings. Therefore, you should use the help of a qualified lawyer who will represent your interests in court and will not allow anything that contradicts the laws of the Russian Federation.

The division of property by mutual agreement is carried out using a special transaction called a property division agreement.

You can conclude such a document and formalize the agreement at any time after the divorce.

By mutual agreement of the parties, it is possible to divide all or part of the property, and resolve the issue of how long the former spouses are obliged to transfer divisible property items to each other. Property can be divided in unequal parts. When drawing up an agreement, the ex-husband and wife are ordinary citizens, which gives them the right to use, in addition to family law, also the rules of civil law on contracts (link agreements with other types of contracts, identify penalties, jurisdiction, etc.).

In addition to everything described above, one more possible solution to the problem under discussion should be noted. A marriage contract concluded between the spouses will help resolve the issue of property division. Such a transaction can be carried out before the legal registration of the dissolution of the marriage relationship between people. A prenuptial agreement also has a number of pros and cons, which should also be carefully read before concluding it, so that there are no unpleasant proceedings later.

Divorce in which property is not divided

All property acquired jointly during marriage has a special status and is called the common joint property of the spouses.

The legislation of our country allows maintaining this status regime of property even after the termination of official relations between people. In simple terms, this means that if the property was not divided, it means that all property, as before, is common. The parties can file a claim or enter into an agreement on the said property after a year, after 5 years, or even after decades.

Starting from 2017, you should pay attention to some nuances:

• after three years, one of the former spouses may declare that the statute of limitations has expired when filing a lawsuit with a desire to divide things;
• This form of property ownership was created specifically for people who are ready to live together even after the dissolution of marriage, for people who, in ordinary everyday life, act by mutual agreement without infringing on the rights and interests of another person.

For many, the incomprehensible situation with property leads to excessive emotionality, stress and unnecessary conflicts. Perhaps such people can be understood, because once they come to their own home, they may meet, for example, the new husband of their ex-wife! And in such a situation, you cannot expel a person, while declaring rights to this apartment, since this is common property, and everyone has the right to do what they like and like.

Time limits for consideration of an application for divorce

The civil legislation of the Russian Federation (Article 154) establishes the following deadlines for consideration of filed claims in court:

in a district court – up to two months;

in the magistrate's court - up to one month.

The trial does not always meet the deadlines. Sometimes defendants deliberately delay the legal process, stating that they need to issue a certificate, which takes a significant period of time, etc.

Important! According to the laws of the Russian Federation, the process of dissolution of an official marriage can begin only after payment of funds for the declared amount of the fee. The amount of the duty is fixed in the tax legislation of the Russian Federation in articles 333.19 and 333.26.

Conclusion

It should be remembered that it is better to resolve any quarrel or family conflict peacefully by achieving mutual consent of family members. Divorce is not associated with pleasant emotions, it is accompanied by the unhappiness of people, the tears of children and parents, but for a while it is better to try to abstract from your own experiences and tune in to the positive.

Parable about divorce in video:

In Russia, marriage is concluded between a man and a woman only by their voluntary consent. There is no law that would oblige them to live together against their will. Therefore, spouses can divorce at any time. Even if one of them is against divorce, it will still happen sooner or later at the request of the other.

In what cases are they required to divorce by law?

The unilateral divorce procedure is regulated by the Family Code of the Russian Federation. Article 22 clearly states that a divorce will take place even if one of the spouses does not agree to it, if it is established that their further coexistence and preservation of the family is impossible.

The court will take measures to reconcile the spouses, and will even be given time to finally consider the decision. If even after this, at least one spouse refuses to continue the marriage, it will be dissolved.

The statement of claim must provide a justified reason why further life together is not possible:

• abuse,
• long-term separation,
• spouse's drunkenness,
• inability to bear children,
• treason or another reason, but with a basis.

Where to apply

Only the court has the right to issue a decision on divorce if one of the spouses is against preserving the marriage.

First you need to decide which court to go to. If, in addition to the divorce itself, you need to resolve issues about who the children will live with after the divorce, or about joint property worth more than 50,000 rubles, then you will need to write a statement of claim to a city or district court. If such issues do not concern you personally, then the application is submitted to the magistrate.

As for territoriality, as a general rule, a claim is filed in the court of the locality, region or district where the defendant is registered at his place of residence. But in accordance with paragraph 4 of Article 29 of the Civil Procedure Code of the Russian Federation, it can also be accepted at the place of residence of the plaintiff, if there are reasons for this: the presence of a young child or the inability to come to this court due to poor health or for other reasons.

How the case will be handled

After accepting the application for divorce, the judge will set a date for the consideration of the case and notify the time and place of the court hearing. It is usually scheduled one month after submitting the application.

Please note

If both spouses did not appear at the court hearing and did not inform about the reasons for the failure to appear, the judge has the right to regard this as reconciliation and terminate the proceedings.

The defendant (in our case, the husband) is capable of not coming to the court hearing, but this will not be a guarantee for him of preserving the family. If the judge does not consider that his absence from the divorce proceedings is due to valid reasons, he will be able to make a decision on divorce without his consent at the first meeting. But usually the meeting is postponed for a certain period of time so that both spouses can come to the meeting room and have the opportunity to listen to the opinions of both sides.

In practice, if the judge sees even the slightest chance to save the family, and the spouse who disagrees with the divorce insists on living together, the couple is given a period of no more than three months for reconciliation. We will tell you more about the timing of divorce in.

But if it is not possible to reconcile the spouses, and at least one of them insists on divorce, the judge decides to dissolve the marriage.

Divorce without notifying the spouse

Some women, having puzzled over how to get a divorce without the consent of their spouse, resort to a trick - they get a divorce alone. Often they are led to this thought by the fear of scandals, showdowns, persuasion, intimidation and even assault.

They deliberately conceal the fact that they filed for divorce, do everything possible to ensure that court notices do not reach the recipient, regularly attend court hearings alone, and ultimately receive a divorce.

The former spouse can only come to terms with this fact and begin to build his life anew. Although those who are especially stubborn and zealously want to save the family can appeal the court decision to terminate the existence of the marriage union, annulling the fact of divorce.

But still, it is not advisable to resort to deception, but to try to resolve the issue peacefully.

Reasons for divorce without filing an application to court

The family legislation of the Russian Federation in Article 19 provides for three exceptional reasons why it is always possible to file a divorce if one of the spouses is against it. To do this, it is not necessary to write a statement of claim to the court; you can easily obtain a divorce at the registry office.

1. The spouse is declared dead or missing by the court.
2. There is a court decision declaring a spouse incompetent.
3. The husband was convicted of committing a crime and is serving a sentence of over three years in a correctional facility.

It will be enough to draw it up and take it to the registry office at the place of residence or marriage registration.

Conditions under which a husband cannot divorce unilaterally

Russian legislation (Article 17 of the Family Code of the Russian Federation) stipulates two reasons when a husband cannot divorce unilaterally under any circumstances:

• wife's pregnancy status
• having a joint child under one year of age.

If there are such grounds, the court will not even accept the claim for divorce.

At the same time, the wife will be able to obtain a divorce without the consent of her husband in these cases. The court considers this step as a voluntary acceptance of responsibility.

Ask questions below in the comments and get an answer from a lawyer

On the territory of the Russian Federation, a man and a woman have the right to consolidate their relationship at the legal level. At the same time, it is allowed to terminate such relationships. But at the same time, certain important conditions must be met.

Highlights

This statement is used if there is a compromise between spouses planning to divorce. If for some reason the other party refuses to grant a divorce, it is necessary to formulate an application according to. Its contents are regulated by the same provision.

The application contains the following information:

1. Details of the spouse submitting the application - last name, first name, patronymic.
2. Passport details or other identification document.
3. Information from the marriage certificate.
4. The surname that the applicant will keep for himself after the divorce.
5. The grounds for divorce are clearly formulated and with reference to the legislation in force in the Russian Federation.
6. Date of application.
7. Start date of divorce proceedings.
8. Applicant's signature.

There is one important nuance associated with drawing up the application. It must contain the date corresponding to the day the documents were submitted. Otherwise, institution employees may simply refuse to accept the document.

The list of documents that you must have with you to obtain a divorce through the court includes the following:

• passport or other document confirming the identity of the plaintiff;
• a receipt confirming payment of the state duty - in 2015 it was necessary to pay 1 thousand rubles;
• marriage certificate;
• all children - regardless of their age (less than 18 years or more);
• living with the plaintiff joint children - if this fact occurs;
• application for divorce (from both spouses - if a compromise is found).

If necessary, the court may also require the applicant to submit the following documents:

1. Salary certificate - .
2. Others.

Moreover, it is advisable to comply, if possible, with all the requirements of the court. This will avoid various types of problems.

How long does the divorce process take?

After submitting an application to the court or the registry office, they wait 30 days. Only after this is the marriage dissolved, or a lawsuit begins - if there are any serious controversial issues.

It is important to remember that within thirty days, either party has the right to withdraw an application demanding divorce without any consequences - no legal actions will be taken, the civil status will remain unchanged.

This practice was implemented with the aim of reducing the number of divorces - it often happens that ex-spouses change their minds a few days after filing the application.

Divorces are unprofitable for the state for a number of reasons:

• deterioration of the demographic situation;
• increased workload on courts and other institutions;
• social problems.

Video: legal advice on divorce

Special nuances

There are many important nuances associated with the divorce process.

The most important are the following:

1. Divorce of a marriage when a woman is pregnant or the child is less than a year old is possible if her behavior is identified as antisocial.
2. If a pregnant woman is under 18 years of age and has a child under 1 year of age, the court may require the appointment of a guardian (most often these are parents).
3. All property acquired during marriage is strictly divided between the spouses.

Divorce of a marriage when it is established that one of the spouses is incompetent or has pronounced antisocial behavior is carried out immediately. But there must be a documentary substantiation of this fact.

Legislative framework

If possible, divorcing spouses should study the legislative framework in as much detail as possible.

It includes the following:

All over the world, the question of how to reduce the number of cases of divorce is acute. Divorce is a serious problem that is also typical for Russia. Almost every third marriage is dysfunctional and ultimately ends in divorce. The divorce procedure has its own characteristics.

Divorce can be by mutual consent of husband and wife or only if one party wishes. The second option is more common. In most cases, the wife files for divorce. The reasons for filing a divorce can be very diverse.

The following situations lead to divorce:

1. Reluctance of one party to continue living together due to disrespectful attitude towards oneself (beating).
2. If the husband or wife met another person and lost interest in each other.
3. If one party is serving a sentence in prison or is declared incompetent.
4. If there is adultery.

If the consent was mutual, then you will need to write a written statement. This is done according to a special scheme, which is indicated in the form. Similar forms are available in any registry office. If the husband or wife is unable to write a statement due to illness or business trip, then another document is drawn up on his behalf, which must be certified by a notary. A notarized document has legal force. In case of divorce, you must apply at the place of registration or permanent residence.

When the court may not accept a statement of claim

Occasionally situations arise when a statement of claim written by a plaintiff is not accepted. This may happen if the case is being heard in another court. The application will not be considered even if the organization or other legal entity challenging the interests of the other party does not have the legal right to do so. The reason may be a situation where, when filing an application, issues are raised that do not take into account the interests and rights of the applicant.

The court does not accept the application even in the case where a decision on this issue had already been made, or the case was closed due to the settlement of the conflict between husband and wife. The court's refusal also occurs in the presence of an arbitration court decision on the same issue. Article 135 of the Code of Civil Procedure of the Russian Federation addresses the issues of returning a statement of claim by the court. This occurs for several reasons. Firstly, if the plaintiff is declared incompetent and he cannot carry out such procedures. Secondly, if the case under consideration is not within the jurisdiction of this court.

Thirdly, in the case when the statement of claim is signed by a person who does not have the authority or right to do so. Fourthly, if a process is currently underway to consider this issue in an arbitration court. The court has the right not to accept the application if the plaintiff has not fulfilled the requirements for settling disputes in the period before going to court (if such a procedure is provided for this issue). If the documents submitted to the court by the plaintiff are incomplete, or there are significant shortcomings in the preparation of the statement of claim, then the court may suspend the proceedings until all errors are corrected.

The question of the future residence of minor children

The issue of the child’s residence is of great importance. According to the Family Code, a husband and wife can, if they wish, draw up an agreement on the conditions for raising their children. If it is absent, then the court itself decides with whom the children will remain. In doing so, he is guided by several provisions.

In this situation, the attachment of children to parents, sisters, brothers and other relatives is taken into account. The main criterion is the interests of the child himself. The wishes of the children are also taken into account. The relationship between parents and children is of no small importance.

The court also takes into account the possibility of providing financial support for the children. The type of activity of each parent, their salary, work schedule, and living conditions are taken into account. In order for a child to be raised in optimal conditions, the region of his possible residence is also taken into account (crime level, environmental conditions, level of sanitary and communal well-being). It is very important that financial status is not the main criterion when determining the place of future residence of children.

The main reason for this is that almost always the parent who is more financially secure spends a lot of time on work, which cannot but affect the child. The child needs attention and care!

Therefore, children are left to those parents who have the opportunity to pay more attention to their children. The second spouse is obliged to pay alimony until they reach the age of majority.

Thus, divorce is a long process. If both parties agree to divorce, then the procedure takes place as usual, at the registry office. If there are children in the family, the process will be more complicated.

If all documents are missing or if the statement of claim is written incorrectly, the court may deny the plaintiff a divorce. Divorce can also take place unilaterally in the absence of the husband or wife at the meeting.

Of great importance is the fact that the wife or husband may not indicate the reason when filing a claim.

Where to file for divorce?

If a decision is made to divorce, the question often arises of where to file for divorce. This can be done either through the registry office or through the court. The first method is simpler, but it is not possible in all situations, which is why the second option is used more often when divorcing a marriage. The corresponding application and documents for divorce through the court must be submitted directly to the judicial authorities.

As stated in the RF IC, divorce by going to court becomes a necessity for citizens in cases where:

1. The other spouse does not want to give his consent to the divorce procedure at the registry office.
2. The other spouse actually agrees to dissolve the marriage, but in every possible way avoids visiting the registry office to legally formalize the divorce procedure.
3. Married citizens have a minor child.

1. 1. The application, which is drawn up by the plaintiff in free form, in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, must include the following data:
   • full name of the judicial authority that is the addressee of the document;
   • information about the plaintiff (his full name, place and date of birth, residential and registration address, passport details);
   • information about the defendant (his full name, place and date of birth, residential and registration address, passport details);
   • the place and time of the marriage, which should be dissolved on the basis of a court decision (in this case, it is necessary to confirm the specified information by indicating the details of the document on the marriage between the parties);
   • information about common children, details of their birth documents;
   • information about attempts to pre-trial resolve the issue of divorce and other disputes related to this procedure;
   • a complete list of documentation that was attached by the citizen who applied to the judicial authorities for divorce to the statement of claim (you can download a sample application for divorce to the court on our website).
2. Passport of the citizen acting as the plaintiff.
3. Receipt for payment of the state duty (see “How much does a divorce cost: state duty for divorce in 2017-2018 (court, registry office)?”).
4. A document confirming the fact of marriage, in the original copy.
5. Birth certificates of all common minor children of the spouses. These documents can be presented both in the form of originals and in the form of notarized copies.
6. A certificate of family composition from the management company at the plaintiff’s place of residence, which confirms the fact that the child lives together with the spouse.
7. Documents clarifying the amount of wages of each party (if the issue of alimony is being decided simultaneously with the divorce).
8. A marriage contract concluded between spouses.
9. A statement of the consent of the other spouse to divorce, which was certified by a notary. Such a paper is submitted to the judicial authorities if the defendant does not have any objections to the court dissolving his marriage with the plaintiff. As a rule, in the application the spouse acting as the defendant indicates:

• your full name;
• date of birth;
• place of birth;
• place of residence;
• consent to divorce;
• information about the place and time of marriage;
• details of the marriage document;
• number of the entry on the marriage union made in the registration documents;
• information about the second spouse;
• information about the existence of property claims against the spouse;
• date of document preparation;
• personal signature.

How to file for divorce unilaterally? What do you need to file for divorce in this case?

For one reason or another, situations arise when one of the spouses decides to dissolve the marriage unilaterally? The legislation of the Russian Federation, in particular the Family Code (Article 18), does not deprive citizens of this opportunity, provided they comply with the established requirements. You can do this in two ways:

• out of court;
• in court.

In the first case, a unilateral divorce is possible only in strictly defined cases by law: when the second spouse is recognized as missing, deprived of his legal capacity, or sentenced to actual imprisonment for longer than 3 years.

If the spouses are unable to resolve the problem peacefully, it is resolved in court. In Art. 17 of the Family Code states that divorce will not take place only if the pregnant woman does not consent to it or if the family has a child under one year of age.

Don't know your rights?

If there is a notarized application from the absent spouse, a unilateral divorce is also possible through the registry office. It is also possible if the second spouse is sentenced to real imprisonment for a term exceeding 3 years, is declared missing or is incompetent.

After the judicial authorities accept the application, the plaintiff will receive a document scheduling a court hearing. At the same time, the plaintiff should remember that the decision on divorce is made by the court within 1 month from the date of filing the relevant application.

Where is an application for divorce filed in court?

According to the Code of Civil Procedure of the Russian Federation, a citizen acting as a plaintiff has the right to file an application with the court of the appropriate instance, which is located at the place of residence of the spouses or one of them. In many cases, the deciding factor is the place of residence of the spouses’ minor child.

So, if he lives with the plaintiff, the citizen has the right to file a claim with the court at his place of residence. In this case, the place of residence of the spouses’ common child under 18 years of age is certified by a certificate from the house register received by the applicant.

Divorce without mutual consent

A trial in a divorce case is scheduled on the basis of a statement of claim filed in accordance with the procedure established by law. The court may make a decision to dissolve a marriage if further marriage relations between citizens are impossible.

At the same time, government bodies have the right to take a number of conciliatory measures aimed at restoring the marriage so that citizens refuse divorce. In such cases, the proceedings may be postponed. The maximum period during which spouses can refuse to divorce should not exceed 3 months. If all measures taken to reconcile the spouses do not bring the desired results, then the court dissolves the marriage.

Divorce by common consent

If each of them agrees to dissolve the marriage relationship, the court decides to divorce the parties. In this case, the decision is made without clarifying the reasons for the divorce. Citizens can submit an agreement regarding children to the court; if such a document has not been drawn up, then the court independently takes measures to protect the interests of the children.