If for some reason both spouses can no longer exist together, or it contradicts one of the parties, it makes sense to start a lengthy divorce proceedings or solve everything amicably. If the spouses still cannot “smoke the pipe of peace”, the only way out is to solve the problem through the courts. According to the current family code, the result of such a showdown will be a divorce. At the same time, at the end of the process, both parties receive a court decision on divorce. What does this document look like? How and where can I get it? What is it for? And will he be able to replace his divorce certificate issued at the registry office?
Important points after the divorce proceedings
A court decision on divorce is the most important and one of the main documents confirming the fact of divorce. It is on the basis of it that the family relations of the spouses are considered complete and terminated. It is printed on paper and contains all the necessary signatures, one of which belongs to the judge.
The second most important document is considered to be a divorce certificate. After a court decision it can be obtained at the registry office. However, this document is issued only on the basis of the previous one. That is, without the original or duplicate of the court decision document, it is unrealistic to receive it. Therefore, in no case can the certificate replace the aforementioned document. This is just an additional extract from the registry office, confirming the fact that the former spouses are deleted from the civil registry.
What information is present in the court decision?
As we said earlier, a court decision on divorce is not just a classic extract from the corresponding journal of records, but this document. Therefore, it contains the following data:
- Title, number and number of the preparation of the document.
- Name of the judicial representation of the authority where the application for the alleged divorce was filed.
- Contact details of all persons participating in the trial (including spouses themselves, possible witnesses, relatives and other persons).
- Surname and contact details of the judge in the case.
- Brief information about the process itself (the reason for the appeal, possible difficulties encountered during the trial, testimony, counterclaims and much more) are indicated.
- An article that is grounds for divorce and confirms the correctness of the decision of the judge.
- The ultimate goal of the court session (for example, it can be a division of joint property, deprivation of parental rights of one of the parents, etc.)
- The time period during which the discontented party has the right to file a request for appeal and challenge the final court decision.
According to the result divorce proceedings both spouses a court decision on divorce is issued.
When can a document take effect?
As a rule, a document confirming the fact of divorce comes into force only after a certain time. According to lawyers, it is enough that exactly one month has passed since the announcement of the verdict of the judge. And only after this period the document enters into full force. But only on condition that both parties were satisfied with the result and did not want to challenge the court decision on divorce. A sample of this document is usually excellent evidence of the mutual consent of the former spouses.
If one of the parties filed an appeal, then confirmation of the fact of divorce will actually be postponed until the secondary trial is completed.
What is a court decision in absentia?
It is believed that under certain circumstances, a court may decide in absentia to divorce. This phenomenon is possible in the following cases:
- If the defendant did not appear in court for a disrespectful reason, but was personally informed of the day of the meeting.
- If the defendant did not write a statement on the consideration of his case without a personal presence.
How long does it take to appeal an absentee appeal?
But since the court decision in this case will also be in absentia, it will not enter into force 10 days after the announcement of the verdict. That is how much time it will take the defendant to appeal the default judgment, which does not suit him for one reason or another. The very same application for appeal is considered by court representatives within 15 working days. Then, the court decides whether to approve or reject it.
Is it difficult to get a divorce?
Until that moment until a month passes, it is simply not possible to obtain a document. This is understandable, because the disagreeing party has the right to appeal the court decision. For example, if it was not arranged by the fact of divorce itself, but by the principle of the division of property and other nuances. Thus, the dissenting person appeals to appeal part of the decision related to the section of common personal items acquired in marriage. Consequently, the process of issuing a document is still delayed indefinitely.
But since the trial nevertheless took place, both spouses will receive not the original court decision in the case of divorce, but a copy of it. After a month, if both parties are satisfied with the outcome of the events, the court issues the originals (necessarily in duplicate) of the document now to the former spouse and his wife.
Having received this confirmation and an extract from the registry office, both parties are officially considered divorced and have the right to enter into new family relationships with other people. But where to get a court decision on divorce, if for some reason one of the parties was unable to attend the divorce proceedings?
What if you need a court order?
Very often there are cases when, for some reason, the spouse or ex-husband cannot come to court. And, of course, in their hands there is no confirmation of the fact of divorce. So, according to some citizens, they were not able to come to court. And after the court decision came into force, they got only a certificate of divorce by the court decision and then, not the original (since it is issued in the presence of the court decision itself), but a copy of it. In other words, they cannot confirm their divorce.
According to lawyers and on the basis of Article 214 of the Code of Civil Procedure of the Russian Federation, a copy of the court decision is sent within five business days after the final verdict. In this case, we mean interested persons who for some reason are not present in court. However, if due to certain circumstances a copy of the document has not been sent to your mail, you must perform the following steps:
- Specify the contact details of the judge (full name).
- Find out the number of the case and the end date of the court.
- Write a statement in the name of the judge with a request to send a copy of the court decision to your mailing address.
- Go to the mail and mark the letter as "Custom with a notification."
- Include in the envelope (together with the application) copies of your civil passport and marriage certificate.
- To send a letter.
Detailed information about the judge, case number and other information can be obtained from the spouse attending the meeting and having received a copy of the court decision. Either the same data can be found out during a personal visit to the court registry or by calling the assistant or secretary of the judge.
Following the results of the sent letter you will be given an answer. As a rule, it arrives quickly (within 5-7 business days).And after receiving this copy, which, incidentally, will also be stamped, like the original, you can safely go to the registry office to receive your copy of the certificate of divorce. Although, if you have this copy, it is the main document, it is not at all necessary to go for a certificate to the registry office.
What information is listed on the divorce certificate?
A certificate of divorce after a court decision, if desired, can simply be written out as a classic document, or printed on a beautiful glossy form. As a rule, it is made in the standard form established by law. This document does not describe the details and causes of the divorce proceedings, but states the fact of the separation of the spouses. Therefore, the contact details of the ex-husband and wife are indicated in it, the fact of divorce is recorded, and the record number in the corresponding registry office is also indicated. At the end of the document is the date and name of the authority that issued the certificate.
Now you have an idea of how to get a court decision on divorce, if for some reason one of you was not present at the meeting. As you can see, solving the problem is very simple and quite real. It would be a desire.