You file for divorce what they give out. The procedure for filing an application for divorce and a list of required documents in case of divorce

The marriage is dissolved in court if you have:

  • have minor children;
  • there is no mutual consent to divorce (regardless of the presence of joint minor children).

If you have no minor children and there is a mutual consent to divorce, or if your spouse has been sentenced for more than three years, declared missing or incapacitated, you need to contact the registry office directly.

2. How to file for divorce in court?

To dissolve a marriage through a court, you will need documents:

On divorce and division of property:

"> statement of claim;
  • marriage registration certificate (in case of loss of the original, it is required to obtain it from the registry office that carried out the state registration of marriage);
  • the defendant (if the claim is filed at the place of residence of the defendant) or an extract from the house book of the plaintiff (if the claim is filed at the place of residence of the plaintiff);
  • birth certificates of minor children (notarized copies), if you have children;
  • Everything about the state duty for services provided by the courts:

    If everything is in order with the documents filed with the court, you will be assigned a date for the consideration of your case within two weeks.

    3. What's going on in the courtroom?

    If at the court session both spouses (personally or through representatives) come to a mutual agreement on the dissolution of the marriage, the court will issue a divorce order after the first session. If one of the spouses refuses to divorce, the court will give a period of one to three months for reconciliation.

    If the opinion does not change by the second hearing, the court will decide on the divorce and issue an appropriate resolution.

    If the spouse (or his representative) who does not want to dissolve the marriage does not come to court three times, the marriage will be dissolved without his participation after the third session.

    4. Do I need to go to the registry office later?

    Yes need. After you receive the court's decision and it comes into force, you will no longer be considered a husband and wife, but you will need to register the fact of divorce and obtain a certificate of divorce. You will need:

    • identity document;
    • a copy of the court decision on divorce (it must come into legal force);
    • If you divorce by mutual agreement, each spouse must pay a state fee. In the event of divorce with a spouse convicted of more than three years, recognized as a missing or incompetent spouse, the state fee is paid only by the one who files for divorce.

      Information about for payment is posted on the registry office page on the site. Some are exempt from paying state fees.

      You can pay the state fee at any bank.

      According to the law No. 210-FZ "On the organization of the provision of state and municipal services" dated July 27, 2010, you are required to pay the state duty, but you have the right not to present a receipt.

      "> receipt       on the payment of the state fee;
    • power of attorney for a representative (if you are unable to submit documents in person. The power of attorney must be notarized);
    • enhanced qualified electronic signature of both spouses (if the application is submitted through the portal of public services).

    You can apply for divorce at the Moscow registry office at your place of residence or at the place of marriage registration. If the application is joint and you do not have joint minor children, the application can be submitted to in electronic format on the portal of public services. Divorce certificate will be issued on the day of application.

    If the termination has already been registered by one of the spouses, it is advisable (but not necessary!) For the other spouse to contact the same registry office.

    5. How to divorce a foreigner?

    You can dissolve a marriage with a citizen of another country or a stateless person permanently residing in the territory of another state both in Russia and abroad. But if your husband (your wife), despite foreign citizenship, permanently resides in Russia, you need to divorce on the territory Russian Federation.

    In Russia, the procedure for a divorce from a foreigner is no different from a divorce from a citizen of the Russian Federation. Except that all documents on foreign language need to be legalized (unless otherwise provided by international treaties of the Russian Federation), and translated into Russian. The correctness of the translation must be certified by a Russian notary.

    If you decide to divorce on the territory of a foreign state, do not forget that the marriage will be dissolved according to the laws of that state. If they do not contradict the laws of the Russian Federation, the divorce will be considered valid in Russia as well. However, the document will need to be legalized for further use on the territory of the Russian Federation (apostille or consular legalization).

  • the spouses are the adoptive parent and the adopted child;
  • one of the spouses was declared legally incompetent by the court upon marriage;
  • one of the spouses hid from the other the presence of a sexually transmitted disease or HIV infection.

    • These circumstances need to be proven in court.

    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 a relationship. But at the same time, certain important conditions must be met.

    Basic moments

    This statement is used in the event of a compromise between the spouses intending to divorce. If for some reason the other party refuses to give a divorce, it is necessary to form a statement on. Its content is governed by the same provision.

    The statement contains the following information:

    1. Details of the applicant's spouse - last name, first name, patronymic.
    2. Passport data or other identity document.
    3. Information from the marriage certificate.
    4. The surname that the applicant will keep 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 preparation of the application.
    7. Date of the start of the divorce proceedings.
    8. Applicant's signature.

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

    The list of documents that you need to have with you in order to carry out a divorce through the court includes the following:

    • passport or other document confirming the identity of the plaintiff;
    • a receipt confirming the 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 old or more);
    • living with the plaintiff of joint children - if this fact takes place;
    • Divorce petition (from both spouses - if a compromise is found).

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

    1. Help about wages – .
    2. Others.

    Moreover, it is desirable, if possible, to comply with all the requirements of the court. This will avoid the occurrence of various kinds 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 terminated, or a lawsuit begins - if there are any serious controversial issues.

    It is important to remember that within a thirty-day period, either party has the right to withdraw an application demanding to dissolve the marriage without any consequences - no legal action will be taken, the civil status will remain unchanged.

    This practice was implemented in order to reduce the number of divorces - it often happens that ex-spouses change their minds a few days after filing the application.

    Divorce is not profitable 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 related to the divorce proceedings.

    The most important are the following:

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

    Dissolution of marriage upon establishment of the incapacity of one of the spouses or pronounced antisocial behavior is carried out immediately. But there must be a documentary justification for this fact.

    The legislative framework

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

    It includes the following:

    Article Description
    Art. No. 16 of the RF IC the grounds for divorce are listed

    You will need

    Instructions

    The main condition for a quick marriage is mutual consent and agreement on all issues that usually arise in the process of divorce. You can get a divorce in the civil registry office (REGISTRY OFFICE) or in court.

    If the spouses agree and they do not have common minor children, the marriage is dissolved at the registry office. Submit a joint application to the registry office at the place of residence or marriage registration, pay the state fee. When one of the spouses cannot appear at the registry office, two separate applications are drawn up, and the consent to the absent person must be notarized.

    For divorce in the registry office, a monthly period is established, the countdown of which begins on the next day after the application is submitted. Upon its completion, the spouses are issued certificates of divorce, and they must be present at state registration divorce is enough for at least one of them.

    If you have minor children (your own or adopted), you can only go through the courts. In order not to drag out this process for long, discuss in advance which of you the children will live with, determine the procedure for communicating with the other parent and relatives on both sides, and agree on the payment of alimony. Also, discuss all property matters. Make your agreements one or more agreements, certify them with a notary or submit them to the court for approval.

    Prepare the necessary documents:
    - statement of claim in 2 copies;
    - marriage certificate;
    - certificates of birth (adoption) of children;
    - certificates from the place of residence of the plaintiff and the defendant;
    - certificates of income of the plaintiff and the defendant;
    - notarized consent of the defendant to divorce;
    - agreements on the upbringing and maintenance of children, the payment of alimony, the division of property;
    - a receipt for payment of the state duty.

    To speed up the divorce as quickly as possible, file a statement of claim with all the documents at a personal meeting with a magistrate. This way, your hearing will be scheduled faster and will be reviewed in one session. For divorce through the court, a month is set from the date of filing the application, after which the judge must make a decision on divorce and send it to the registry office within 3 days.

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