Everyone should know what is the procedure for divorce in Russia. After all, everyone is familiar with his conclusion. Only modern realities are such that citizens are not always able to save their families. Sometimes it turns out that the destruction of the cell of society is inevitable. Below you will learn all about how you can get a divorce in Russia. What features and nuances of the process you need to know? What will be required for the implementation of the task under certain conditions?
Right to divorce
The procedure for divorce can occur in different ways. This is a normal occurrence.
The main thing to remember is that under current law, divorce is completely legal. It can be held at any time. Both unilaterally and bilaterally. No authority has the right to hold a person by force and not to breed.
But, as elsewhere, there are certain exceptions to the issue under study. We will talk about them later.
Where is a divorce filed?
Divorce is a fairly common procedure in many countries. And Russia is no exception.
Many people think about where they can arrange the destruction of family relationships. Today, you can contact for help at:
- REGISTRY OFFICE at the registration of the husband or wife;
- MFC (in some regions);
- courts (world or district).
In addition, you can organize a divorce through the "State Services". But this alignment is not in special demand so far. Therefore, we will not focus on it. Consider the more common options.
Initiators
The procedures and conditions for marriage and divorce, as a rule, do not require any special skills and knowledge from a citizen. Only in exceptional cases do you have to try to implement the plan.
The initiators of marriage are the future husband and wife at the same time. This is a prerequisite. The submission of applications without the presence of the future (his) spouse (ha) is not welcomed, although in some registry offices they make exceptions when there is evidence that the second party has good reason for absence.
Divorce is carried out in different ways. The initiator of the process can be both husband and wife. Or both spouses file a joint divorce application. In practice, a couple will be divorced faster if they do not bring the idea to life unilaterally.
Unilateral order
A few words about when you can break off an official relationship without the consent of a spouse. The process of divorce unilaterally usually leads the applicant to court.
A citizen needs to file a divorce suit. Attached to him is evidence that the spouse avoids divorce and does not agree to leave peacefully. This is followed by a court session, during which the couple is given time for reconciliation. If people could not or did not want to rebuild their family, then at a second meeting a decision is made on divorce. After that, it is enough to contact the registry office to issue a certificate of the established form.
In addition, sometimes you can divorce unilaterally without trial. That is, through the registry office. This is possible in exceptional cases. Namely:
- if the spouse was found missing or dead;
- a person has been deprived of liberty for more than 3 years;
- spouse recognized legally incompetent.
Divorce of spouses unilaterally and through a registry office is possible only under the circumstances listed. Otherwise, you have to go to court.
The presence of children
The process of divorce without children is much less trouble. First, let's get acquainted with the most problematic scenarios.
If you have children, you will have to go to court without fail. Which one? For example:
- in the presence of peace agreements on alimony, division of property and issues of residence of children - in the world;
- in conflict situations - to the district court.
In fact, everything is much simpler than it seems. Especially if you prepare for the operation in advance.
How to divorce children? In this case, you will need:
- Collect a list of documents.
- File a divorce suit with a description of your claims.
- Turn to the court.
- Take part in the meeting.
- Get a court order in your hands.
- To issue a certificate of divorce at the registry office.
Below we will consider the term for consideration of the case, as well as documents that will be useful for the implementation of the task.
Documents when divorcing children
If there are children under the age of majority in the family, divorce is a rather difficult process. Especially if the parties cannot agree on the accommodation of the babies, on alimony and property.
What documents are useful in order to carry out the procedure of divorce through the court? In this case, you will need:
- identification card (defendant and plaintiff);
- birth certificates of children;
- claim with claims;
- statements of income of the parties;
- extracts about family composition;
- certificates of ownership of housing;
- confirmation of the existence of a joint property;
- Marriage certificate.
This is not a complete list of papers that will be useful for the implementation of the task. Divorce proceedings sometimes require:
- maintenance agreement;
- agreement on accommodation of children;
- witness testimony;
- health certificates of parents and children;
- testimonies of guardianship authorities;
- prenuptial agreement.
All this will help to carry out a divorce fairly quickly. Especially if the parties were able to peacefully agree on all the controversial issues.
In a divorce involving minors, custody bodies are involved in the hearing. They will take into account the interests of children in the termination of marriage.
Children after 10 years old can themselves say with whom they want to live in the future. This opinion must be taken into account when deciding the court.
Today, the judiciary most often leaves children with mothers. A man under the law can also require the residence of minor descendants with him. But in Russia, the court is usually on the side of women. It is extremely difficult to take away the children from mom. To do this, you will have to prove her deviant behavior.
Court and lack of conflict
The procedure for divorce in court, when the family has minors and common property, is sometimes carried out in magistrates' courts. This is possible if the parties have previously concluded peace agreements with notaries on all disputed issues.
You will have to act in exactly the same way as in the previous case. In other words, collect documents and apply to the magistrate's court. Without fail, all possible peace agreements are applied to the claim. Without them, the application can be sent to the district court or rejected altogether.
How to get a divorce without consent?
Many are interested in the procedure for divorce in the registry office and not only without minor children and without the consent of the second spouse. As we have already found out, you can do this. And even if there are children, then one-way divorce also takes place. We have already managed to get acquainted with this operation.
A few words about how to break family relations in court if one of the spouses does not agree with this decision. Consider a situation in which a couple does not have common children.
Under such circumstances, you will need:
- Collect a package of documents. We have already reviewed their list.
- File a lawsuit.
- Attach evidence that the spouse is against such a decision or avoids it in every way.
- Wait for the hearing and take part in it.
- Get a ruling on hand.
- Conduct a certificate.
Perhaps there is nothing difficult or special about this.The main problem is that such a unilateral divorce procedure in court will take a lot of time. But if you have patience, you can achieve the desired result.
Through the registry office and without consent
With the procedure for divorce in court, we have already figured out. But what if a person is going to file for a divorce unilaterally through the registry office?
Then the operation will take a minimum of time and effort. The algorithm of actions will be as follows:
- Prepare a package of documents. We will review their list later.
- Contact the district registry office of the applicant.
- Leave a divorce application.
- Pay state duty in established amounts.
- Wait a certain time. Typically, the waiting period is one month.
- Get a divorce certificate on hand.
Quick, easy, convenient. Almost the same way a divorce is made by mutual consent. The difference is only in the package of documents that are attached to the request. The process of divorce through the court is not so difficult.
Documents for the registry office
Now consider a complete list of documents that will come in handy in order to divorce a spouse without his consent through the registry office. We have already figured out the procedure. And what exactly is useful for the implementation of the task?
The following papers are included in the package of documents:
- identification;
- grounds for divorce;
- statement;
- receipt of payment of duty;
- Marriage certificate.
On this the documents necessary for the implementation of the task end. The basis for the destruction of the family may be a judicial opinion or a medical certificate. This is a normal occurrence. It all depends on the specific situation.
Mutual agreement
Divorce procedures prescribed by law are almost completely considered by us. What other circumstances may accompany the divorce proceedings?
Sometimes spouses get divorced by mutual agreement. In this situation, it is enough to contact the regional registry office of any of the spouses. You have to have:
- both passports are divorced;
- Marriage certificate;
- receipt confirming payment of the service fee.
Then it remains to wait, and then at the appointed time with a passport to appear at the registry office and pick up your copy of the divorce certificate. Nothing difficult or incomprehensible.
Pregnancy, maternity, divorce
There is one more nuance that you will have to pay attention to. The procedure for divorce in the registry office or in court is not always possible. There are exceptions. They relate to men.
A husband cannot file for a divorce if he has a pregnant wife. There is no such right if a child was born in the family, and more than 12 months have passed since the birth.
Nevertheless, you can still get a divorce. To do this, you have to go to court. The initiator of the operation should be exactly the woman. Thus, wives can leave the family during pregnancy and during the year after childbirth (regardless of their outcome) without the consent of the spouse. Men have no such right.
In addition to the previously listed packages of securities, you will need to attach:
- spouse's consent to divorce;
- a medical certificate indicating pregnancy or childbirth;
Service Duration
How quickly does a divorce occur? It all depends on the specific situation.
In most cases, the family will be officially destroyed one month after applying. In judicial debates (especially if there are children in the family), reconciliation is given for 3 months. Sometimes people are bred for 6-8 months, but in the end they manage to achieve the desired result.
Cost
We got acquainted with the procedure of divorce in Russia. How much does this operation cost?
In case of bilateral divorce, the fee for the provision of services is 650 rubles. So many spouses pay for a divorce in the registry office.
When going to court, the destruction of the family will cost 350 rubles. This is the cost of one copy of a divorce certificate. That is, a fee is levied on both spouses.
Conclusion
Now it’s clear how you can get rid of family relations in an official manner in a particular case.
After a divorce, men most often pay child support. Women are rarely forced to make such payments. You need to pay:
- on a pregnant wife;
- for the former spouse, who is on maternity leave with a common child;
- for minor children.
Thus, we can conclude that it will not work to avoid financial responsibility for the child through divorce or abandonment of parental rights.