How to divorce: the necessary documents and procedures

Divorce - the official registration of the termination of a marriage union previously registered in the registry office between a man and a woman. This process and its features are spelled out in the Family Code of the Russian Federation. Unfortunately, in real life, such an operation causes a lot of problems. Next, we will try to find out how to dissolve a marriage in the territory of the Russian Federation. There are various scenarios. All of them have their own characteristics. It is extremely important to know about them, otherwise the citizen will face serious problems. For example, with the inability to end a marriage. To avoid this, it is worth studying the divorce process from all sides.

Right to divorce

How to divorce? Some do not know when it is possible to register a divorce proceedings.

By law, this can be done at any time with a few exceptions, but we'll talk about it later. It is enough to adhere to a certain algorithm of actions. With possible plans for action in a divorce, see below.

The initiator of the divorce proceedings may be:

• one of the spouses;
• husband and wife together;
• spouse representative.

The easiest procedure is with the mutual consent of the parties to register a divorce operation. It is also possible to disperse unilaterally, but this is already a more difficult situation.

Important: they can’t keep anyone married. If someone wants to get a divorce, over time, the authorized bodies will satisfy the corresponding request.

Unilateral order

How to dissolve a marriage unilaterally? To begin with, it is worthwhile to find out under what circumstances a similar process is possible.

Ideally, both spouses should apply for termination of the marriage. Then the corresponding action will take place with minimal hassle and very quickly.

Unilateral divorce also takes place. It can be used if:

• one of the spouses was imprisoned for 3 years or more;
• the husband or wife is declared legally incompetent;
• spouse is declared dead or missing;
• one of the parties does not come to court more than 3 times;
• it is impossible to determine the residence of the second spouse.

Similar situations are increasingly common. Some believe that the successful termination of a marriage requires the consent of both spouses, but this is not entirely true.

Where to go

How to divorce? To do this under certain circumstances is not difficult.

At the moment, you can apply with the appropriate application at:

• REGISTRY OFFICE;
• court.

You can apply for a divorce today through the MFC or through the State Services portal. The second option is not too popular, so we will not focus much on it.

The right to appeal to the registry office

The procedure for divorce is clearly spelled out in the Family Code of the Russian Federation. Here you can find out about the key moments of the upcoming operation.

The simplest solution is to contact the registry office for the divorce process. You can not contact here always, but only if:

• both spouses agree to divorce, and they have no children;
• the husband or wife has written consent to divorce;
• no property disputes;
• the “second half” is dead or recognized as dead / missing;
• the spouse was "imprisoned" for 3 years or longer;
• on hand there is a court ruling on divorce.

In the latter case, not a direct dissolution of the marriage will occur, but the registration of the established form certificate and the introduction of changes to the registry office on the basis of a decision of the judiciary.

When to go to court

How to divorce? Increasingly, couples meet in court during divorce proceedings. This is a rather long way to solve the task, but sometimes you can not do without it.

A petition for a divorce is required if:

• the couple has common minor children (even if both spouses agree to the procedure);
• one of the spouses does not agree with the termination of the relationship;
• there are property disputes in the family.

It follows that the easiest way to register the termination of an alliance between a man and a woman is in a childless couple, provided that both spouses agree to the operation.

Which judicial authority is needed

In Russia, there are various courts. And therefore, citizens often wonder which court divorces them.

A definite answer cannot be found. It all depends on the circumstances and nuances of the divorce.

It is recommended to focus on the following information:

1. Magistrate's Court. Spouses come here if they have no dispute about the place of residence of the children. In addition, couples without expensive property come to the justice of the peace - the total amount of jointly acquired assets should not exceed fifty thousand rubles.
2. District Court. This instance is engaged in the divorce of the bulk of families. Claims for divorce are filed here, if you need to determine the place of residence of minors and appoint child support. Families meet with district judges with expensive joint property or with unilateral divorce.

That's all. The population of the Russian Federation does not apply to other judicial instances with divorce lawsuits. It is advisable to take into account the described features in order not to face a refusal to accept the application. This is possible if a person submits an application to the wrong court.

What do the judiciary decide?

How to dissolve a marriage in one case or another? Below we will talk about the most common scenarios. Step-by-step instructions will help to disperse with your spouse as soon as possible.

What issues are resolved in the judiciary? The following points are considered there:

• section of jointly acquired property;
• recognition of personal property as general with the subsequent section;
• determination of the place where children will live;
• an indication of the principles of further communication of the child with the parent with whom he does not live;
• assignment of alimony for the child and spouse (if necessary);
• making decisions regarding divorce unilaterally.

It follows that if a couple does not have children (including adopted), they can resolve all conflicts independently and legally, you can apply to the registry office with a declaration of divorce. So it will be possible to reduce the divorce chores to a minimum.

Divorce in registry office

Marriage can be divorced at the request of both spouses. This option, as we have said, is the simplest. Let's start with him.

To get a divorce in the registry office, if the husband and wife agree to the procedure, you will need:

1. Collect a package of documents. We will talk about what statements are needed for a divorce.
2. Fill out a joint divorce application. This can be done directly at the registration authority.
3. Contact the prepared documentation in the registry office.
4. Pay for the termination of a marriage.
5. Wait a while.
6. On the appointed day, come to the registry office and pick up the divorce certificate.

There is nothing difficult or incomprehensible in this. Now it’s clear how to divorce by mutual consent in the registry office. Almost the same way bred unilaterally. Only an application will be submitted from one of the spouses.

Divorce through the registry office. Documents

Divorce in the registry office is not always possible, but if the couple has such a right, they are advised to use it. Such a decision will significantly speed up the registration process for termination of the marriage.

What documents will be useful to husband and wife to translate ideas into reality? In order to officially terminate registered relations through the registry office without any problems, we need the following papers:

• passports of the parties;
• certificate of "wedding";
• fee paid receipt;
• mutual statement.

Important: some apply a marriage contract to the application. In fact, the registry office is not interested in the division of property of spouses, here they just register the population.

Other information for the registry office

We talked about how to terminate a marriage unilaterally. For example, through registry offices. This is not such a difficult operation, if you prepare for it.

In addition to the previously listed certificates, spouses may require additional extracts during the divorce proceedings. Usually they are needed to terminate the union unilaterally.

Under such circumstances, you can prepare:

• court decision on divorce of spouses;
• a judicial decision to conclude a husband / wife for three years or more;
• notarized consent of the second spouse to divorce.

In reality, everything is not as difficult as it seems. The main thing is to adhere to the described algorithm of actions. Then it will be possible to achieve the desired result as soon as possible.

Which registry office to go to

Despite its simplicity, the registration of the divorce process in the registry office raises many questions. For example, to which registration authority is it necessary to file a petition?

It is recommended to contact the authority at the place of residence of one of the spouses. If you wish, you can file a petition to the registry office, where the couple signed initially. As a rule, such a right is not exercised.

Important: third-party registration authorities will refuse to consider the relevant applications.

How much bred in the registry office

We found out how to dissolve a marriage in Russia "peacefully". But, as already mentioned, citizens will have to wait a while.

At what point is a marriage considered divorced? From the date of registration of the relevant state in the registry office. Citizens file a petition for divorce, after which they are given 30 days to reconcile. Throughout this period, the couple may withdraw the application for termination of the marriage without any consequences.

So, the marriage will be terminated a month after the submission of the corresponding request. Instantly in Russia do not breed. And this fact must be taken into account.

How to get a divorce through court

Now consider a more serious situation. It is a divorce proceedings through the court. Such scenarios give citizens a lot of trouble. In particular, if the couple has minor children. It is on this occasion that we focus.

To get a divorce through the courts, citizens need:

1. Write a lawsuit in the established form. The document spells out the current situation in the family, as well as the requirements of the plaintiff. Usually they are husband or wife.
2. File a lawsuit with a district court. If there are no children, you can contact the court of peace.
3. Wait for the invitation to the hearing. Usually it is appointed shortly after going to court.
4. Take part in the debate. The judge will offer reconciliation, if the spouses do not agree, the divorce case will be fully considered. A huge role for solving the problem is played by pre-prepared references.
5. Wait some time after the trial. Judges give some time to find a peaceful solution to the conflicts that have arisen. It is possible that the couple may change their minds about getting divorced at all.
6. At the appointed time, come to the judiciary and receive a divorce order.
7. Contact the registry office for a certificate of established form.

After the actions taken, the marriage will be terminated. The court decision will indicate the principles of communication with children and the residence of minors with parents, the size and characteristics of child support payments.

Divorce through court. Documents

Divorcing children is a procedure involving serious paperwork. Citizens will have to prepare for this operation. In particular, if the parties cannot agree on the procedure for living and communicating with common children.

To apply to the court for a divorce in the presence of minors, it is required to prepare:

• statement of claim;
• birth or adoption certificates of all minor children;
• certificate of marriage;
• characteristics from places of study or work in the name of husband and wife;
• certificates of income of the spouses;
• documents confirming the presence of spouses housing suitable for living with minors;
• documentation on the state of health of citizens, including mental;
• certificates from narcologists that the husband / wife is not registered as dependent;
• psychologist's conclusion about the attachment of children to parents;
• any materials capable of confirming the immoral behavior of the wife / husband;
• documentation confirming the diligence of the parties;
• prenuptial agreement (if any);
• passports of the parties;
• certificates of family composition of husband and wife;
• extracts from the places of residence of minor children.

During a divorce through a court, all the materials listed above will be studied. On their basis, judges decide who the children are left to live with and who will have to pay child support. Their size is also assigned taking into account the listed documentation.

In addition, witnesses can be invited to court. They often help achieve justice.

Important: judges in determining the place of residence of minors must take into account the interests of the child. Therefore, at the hearing, children over ten years old will be interviewed. If the child is categorically against sharing with one parent or another, this will be taken into account.

In Russia, the practice of abandoning children with mothers has developed. A man can select a child mainly from a spouse leading an immoral lifestyle and suffering from one or another addiction. Although, as practice shows, the judges in this case give the negligent mother a chance for correction.

How much is bred in court

We have found out when it is possible to terminate a marriage unilaterally or bilaterally. As already mentioned, they will not be divorced instantly. And in the presence of children including.

If a petition is filed for divorce, the judges set aside at least 3 months to reconcile the parties. During this time, citizens can withdraw a lawsuit and not get divorced. Or, if they have no children and disputes, apply to the registry office at the registration of one of the spouses.

Sometimes the divorce procedure is delayed for six months or a year. This is a fairly common occurrence in the presence of any conflicts between spouses. Therefore, you will have to prepare for the operation and have patience.

An exception

We found out how divorce occurs in court and in the registry office. Some restrictions regarding divorce were previously mentioned. Not always citizens can apply to the aforementioned authorities for carrying out the corresponding operations.

The thing is that men in Russia cannot get a divorce if:

• they have a pregnant spouse;
• a woman gave birth to a common child less than a year ago.

Under such circumstances, it is possible to formalize a divorce, but the initiator should be a woman. Otherwise, you have to wait a year after giving birth.

Help for a divorce from a pregnant or recently born

If a girl is pregnant at the time of applying for a divorce, she can go to the registry office to complete the procedure. Otherwise, you will have to divorce in court.

You must have:

• statement;
• certificate "about the wedding";
• pregnancy statements or birth certificates;
• identification;
• fee payment receipt.

You can additionally bring to court:

• statements of income;
• materials confirming the good conduct of the plaintiff and the poor defendant;
• USRN statements or rental agreement.

If you do not take into account the prevailing judicial practice, then children under 3 years old or who are breast-feeding remain with their mothers. Fathers will have to pay child support and ex-spouse.

When considered terminated

Many people wonder at what point the marriage is considered divorced. There is no difficulty in answering this question.

If a divorce is filed at the registry office, citizens will be considered former spouses one month after filing the application. That is, on the day the certificate is issued in the prescribed form.

Divorce through court? Then the husband and wife are considered to be former spouses from the moment they receive the relevant resolution in their hands.

Cost

As already mentioned, divorce is a paid operation. It is subject to state duty.

If the spouses submit a mutual application to the registry office, they will have to give 650 rubles per request. With a unilateral or judicial decision of the task, 350 rubles must be paid. This fee is levied on each spouse.

Sample application

A huge role is played by the compilation and submission of a competent divorce application form. Typical applications can be obtained from the registration authorities or from experienced lawyers.

The application for the registry office indicates:

• FULL NAME. parties;
• date of filing of the application;
• passport details of the parties;
• place of registration of husband and wife;
• surnames that will be assigned to the parties after the dissolution of the marriage.

As a rule, the application is filled out by an employee of the IFC or the registry office. Citizens can only verify the correctness of the data entered and sign in specially designated places.

A sample application for divorce for a court (claim) is presented below.

This document must indicate the current atmosphere in the family, the reason for going to court and the requirements. If there are children, you can attach a pre-prepared calculation of alimony. This will serve as an excellent means of speeding up the operation.

Important: until paternity is established, the child will not be able to claim child support.

Church and Marriages

How to terminate a church marriage? To do this, citizens must have good reason. For example, alcohol addiction of a husband or wife.

Further, the spouses will have to apply to the church with documents confirming the identities of the parties, the conclusion of the marriage and the presence of good reason for divorce. Preferably in the one where the wedding took place.

If the bishop considers the reason for divorce weighty, he will issue a certificate of the established form. The right to marry of citizens is lost after the third divorce.

The order of divorce in the church is not too interested in the population. Therefore, we will not dwell on it.