With the mutual consent of the two spouses to divorce, the most acceptable option for divorce is to write an application to the registry office. However, not always one of the spouses agrees to a divorce. In this case, the procedure starts divorce in court, where they will need to collect legal documents for divorce through the courts.
There are a number of situations where spouses have no other choice but to divorce in court.
Where to apply for divorce
When the decision to divorce has already been made, the question often arises, where to apply for divorce? There are two ways to dissolve a marriage - through the courts or through the registry office. The second option is much faster and easier, but it can not be used in every situation, so filing a divorce through the courts is most often used in practice. One of the spouses will have to collect documents for divorce through the court, write an application of the appropriate form and take all the papers to the judicial authorities.
The Family Code of the Russian Federation clearly states that if the spouses decide to terminate family relations, then divorce in court will be necessary in the following cases:
- Citizens who are married have a minor child (children).
- The other spouse, in fact, agrees to go through the divorce procedure through the registry office, but avoids visiting him by any means in order to legally formalize the divorce procedure.
- The other spouse does not give his consent to the divorce proceedings at the registry office.
At the legislative level, certain rules are established for the procedure for dissolution of marriage in court, therefore, the spouse who initiates the divorce and submits an application to the judicial authorities is obliged to collect the documents necessary for the divorce.
What documents are needed for divorce through the court - the case of a child
When the divorce procedure is carried out at the registry office, a small package of documents will be needed, but if the spouses dissolve the marriage through the court, including the world court, a more capacious portfolio of divorce papers should be collected.
The list of documents for divorce with a child is exactly the same as the list of documents for divorce through the court.
It includes:
- The corresponding application, drawn up by the initiator of the divorce in free form. This paper is subject to certain requirements of the Code of Civil Procedure of the Russian Federation. The application must contain the following information:
- Full name of the court that is the addressee of the statement of claim.
- Information about the plaintiff, which includes full name, address of residence, date and place of birth, passport data, registration information.
- Information about the defendant, including full name, residential address, registration information, date and place of birth, passport data.
- Data on joint children, details of birth documents.
- The time and place where the marriage union was concluded, requiring dissolution based on the decision of the judicial authority. If necessary, you will need to specify the details of the marriage documents between the spouses.
- Information related to attempts to resolve the issue of termination of marriage in a pre-trial order. Here it is necessary to add data on a similar solution to other contentious issues related to the dissolution of the marriage union.
- A complete list of documents to the statement of claim, provided by the plaintiff, who applied to the judicial authorities to terminate the marriage. On our website you can download a sample application for divorce in court for free.
- Original marriage certificate.
- Passport of the spouse who is the plaintiff.
- Receipt that the mandatory duty established by the state has been paid.
- If there is a marriage contract concluded between the spouses, then it should be attached to the case.
- Birth certificates for all children. You can provide both notarized copies and original documents.
- Documents on the amount of wages of each of the spouses.
- An extract from the house book of the apartment in which the plaintiff lives, confirming that the child actually lives together with her spouse.
- A statement that the other spouse consents to the divorce. This document must be notarized. The paper must be submitted to the court if the other party does not object to the dissolution of the marriage union through the judicial authorities. In most cases, the party acting as the defendant indicates the following information in the application:
- Full name
- Place of residence
- Date and place of birth
- Consent to the termination of the marriage union
- Details of the marriage document
- Information about the time and place where the marriage was legally sealed
- The number of the marriage record made in the registration documents of the relevant authorities
- Information about the second spouse
- Information related to the presence of claims of a property nature to the second half
- Personal signature
- Paper compilation date
- Documents on the property belonging to the plaintiff. These papers will be considered by the court in the event that the plaintiff, in addition to the application for the termination of the marriage, puts forward an additional application, which reflects any claims of a property nature in relation to the second spouse. This applies, in particular, to claims on the obligation of the plaintiff to pay alimony.
How to file for divorce unilaterally
There are moments in life when one side wants to end the marriage, and the logical question arises, how to start the process in this case? If we turn to Russian legislation, exactly to, then it is indicated that, subject to certain requirements, a citizen is not deprived of the opportunity to unilaterally terminate the marriage union.
You can carry out this procedure in two ways:
- Through power.
- Out of court.
When it comes to the first case, it can be said with confidence that the parties failed to reach an amicable agreement and could not resolve the problems that arose outside the walls of the court. Article 17 states that the judge will not grant a divorce claim only if the plaintiff's spouse is in a position or the family has a baby under the age of one year.
The second option is possible if the defendant does not want to dissolve the marriage or cannot personally appear at the trial. If the other half, which is missing, has a notarized application in hand, then a unilateral divorce is possible - for this you need to start the procedure through the registry office.
The situation will be similar in the case when the second spouse:
- Declared missing.
- He was sentenced to more than 3 years.
- Is incompetent.
When the application is accepted by the judicial authority, the plaintiff will receive a notice of when a court hearing has been scheduled for his case. You need to know that from the moment of filing a claim for divorce, within one month, the court will decide on the dissolution of the marriage through the court.
Where can I apply for divorce through the court through the court
If we turn to the Civil Code of the Russian Federation, it says that an individual acting as a plaintiff has the right to apply to the judicial authority of the appropriate instance, located at the place of residence of one or both spouses. In most cases, the fundamental factor is the place of residence of a child who has not reached the age of majority.
If the child lives with the spouse who filed the application, then the claim is filed at this place of residence. In this case, the plaintiff needs to confirm the place of residence of the minor child, and for this, an extract from the house book should be taken.
Judgment for divorce
Divorce by mutual consent
In the case when both spouses do not have mutual claims and agree to terminate their marriage, the court decides on a divorce. In this case, the reasons for which the divorce occurred are not subject to clarification. If both parties have agreed and have already drawn up an agreement on children, then it must be submitted to the court. If such a document is not available, then in order to protect the interests of minor children, the court itself will take the necessary measures. The child agreement must include the following information:
- Which parent will the child live with after the divorce?
- Conditions under which joint property will be divided.
- Amount of alimony for the maintenance of a child, the procedure for their payment.
Divorce without the consent of one of the spouses
Any case on the termination of marital relations begins with the preparation of a statement of claim, which is filed in the manner prescribed by law. If the marriage cannot be saved in the future, the judicial authority may decide to dissolve the marital bond.
But here the spouses should remember that the law gives them a maximum of three months during which they have the right to refuse a divorce. If during this period the husband and wife do not reach an agreement, and conciliation measures do not give the desired results, the court will be obliged to dissolve the marriage.
If one of the couple does not agree to a quick divorce, and gives good reasons for his decision, then the court is empowered to take a set of conciliatory measures, the purpose of which is for the spouses to refuse to dissolve the marriage. Such cases contribute to the postponement of the proceedings.
Registration of divorce
When the trial comes to an end and the court makes its decision, it must be registered with the registry office. By law, the court, no later than three days from the date of entry into force of the relevant decision, is obliged to send an extract to the state authorities that are engaged in registering the marriage of citizens.
The registration authorities will then deal with the registration of the divorce record, and after that, the divorced spouses can pick up a certificate of divorce from the registry office. Until this document is in hand, both parties do not have the right to remarry.
So, in order to start the divorce procedure, the suing spouse needs to collect the package of documents established by law so that the court will consider them. These papers are submitted with the corresponding application, the form of which can be downloaded on our website.
The final decision of the court in which the statement of claim was filed will depend on the accuracy of the information provided, its completeness and the correctness of the statement.
Online divorce application
In the era of information technology, such a service as filing for divorce via the Internet has become in demand, but you can not resort to it in every case.
If the applicant’s marriage does not have minor children, and the spouses do not have property disputes, then you can apply to the registry office through the public services portal in the service category “registration of divorce”.
But if one of the parties has claims of a property plan or the family has children under the age of 18, then an application is submitted via the Internet to the judicial authorities.
On the website of public services, you can also pay the state duty, and for this the plaintiff has the right to use several methods.
Applying online has a number of advantages:
- Significantly reduces the time spent on trips to courts
- You are guaranteed peace of mind due to the lack of queues
Payment can be made by credit card or electronic money. If you want to pay the state duty through a bank, then on the site you can print a receipt for payment. So, if you decide to terminate the marital ties, you need to carefully consider your decision, and if reconciliation is not possible, all that remains is to choose the convenient option of filing an application with the court.
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