Divorce in court is carried out if:
- spouses have joint minor children;
- one of the parties does not agree to divorce, divorce ;
- the spouse, without any objection, evades the divorce proceedings in organizations that record civil acts, namely, refuses to provide an application, does not want to come to the authorities for official registration of cancellation of the marriage union and more.
Divorce in court begins with the filing of a statement by the defendant at the place of residence. A lawsuit against that defendant who is outside the borders of the country, namely the Russian Federation, or whether his place of residence is completely unknown, is submitted to the judicial authorities at the location of his property or at his last place of residence in the Russian Federation.
As regards the claim, it is submitted to the judicial authorities at the applicant’s place of residence if he has children under the age of majority, or if he is sick and has difficulty reaching the defendant’s place of residence.
Court Divorce Documents
The first step is to collect the required documents for divorce through the court. The most basic thing is a correctly written statement of claim, in which all the rules of the Code of Civil Procedure of the Russian Federation will be observed.
This statement contains the following information:
when and where was the registration of marriage carried out , were children born to these spouses in the marriage. If so, indicate the date of their birth;
whether the parents have decided on the upbringing and provision of the child;
for what reason the couple decided to divorce, as well as other nuances that the court will consider together with the lawsuit for divorce.
In addition to the claim, the original marriage certificate, birth certificate of the child and their photocopies are provided.
Divorce in court requires both parties to pre-pay a fee to the state, and attach the receipt for payment to the application itself. Further, the plaintiff is determined with the court, which will consider his application, but relying on Chapter 3 of the Code of Civil Procedure of the Russian Federation. After that, the application is sent to the office of this court. It can also be sent by mail.
It is rather difficult to resolve the issue of referring a case to the judicial authorities if one of the parties is absolutely against the right granted to him to legally terminate the marriage union in the registry office, evades from filing an application and performs other illegal actions that interfere with the implementation of the divorce.
Divorce cases are considered in open session, and only at the request of the parties, when their intimate life is affected, a closed meeting is held.
A court decision on divorce shall be taken if it has been established that living on the same living space and maintaining a family does not make sense.
Typically, an application for divorce is considered with the participation of both parties or their representatives. The judicial authorities have the full right to consider cases in the absence of the defendant, if information on the reasons for his failure to appear is absent or these reasons are disrespectful.
Divorce in court takes place within a month from the day when the application for divorce was filed. Marriage relations are considered annulled from the moment when the court decision entered into force.
As soon as the annulment of the marriage union is recorded in court, an extract from this resolution is sent to the organization engaged in the registration of acts of civil status at the place of official registration of the marriage union within three days from the day the decision is legally valid.
Each of the parties may not enter into a new marriage until the moment of receipt of a certificate of annulment of the marriage in the organization of the registry office at the place of residence.