Termination of family relations is a complex procedure that affects not only adults, but also their children together. The process can be implemented on the basis of a peace agreement, which decides how property is shared between ex-spouses, which children are left with them, what will be the amount of alimony, and many other issues are also considered. Often, divorce is the result of strong scandals and disagreements between people, so they cannot come to any agreement. To resolve all issues requires divorce in court. In this case, the main tasks are solved by an experienced judge.
Legislative regulation
The main issues relating to the termination of family relations are contained in the RF IC. Judicial divorce is often required, as people cannot decide for themselves how best to share property and with whom to leave minor children.
All requirements for the procedure are contained in Ch. 4 SK. Based on this code, it is possible to terminate a marriage in two ways:
- filing a lawsuit with one of the spouses;
- appeal to the registry office, where both citizens must come to terminate the relationship.
For the transfer of this case to the court, there must be good reason.
Grounds for going to court
Divorce in court should be made only if there are grounds. They are listed in Art. 16 SC. These include situations:
- one of the spouses dies;
- only one of the spouses wants to file an application, and the other does not agree to a divorce;
- people cannot come to a peaceful decision as to who the minor children will be with, and what the amount of alimony will be;
- one of the spouses shall be recognized as legally incompetent by a court decision or by a special commission;
- one party is in prison, and the term of imprisonment exceeds 3 years;
- spouses have minor children;
- shared property required;
- one of the spouses was found missing.
All the above grounds for divorce in court are clearly stated in the UK. But at the same time, other situations may arise in which problems can be resolved exclusively through a court session. In this case, one of the spouses may draw up a claim and attach documents to it that confirm the need for a trial. In this case, the grounds for divorce through the courts may increase. It is not even allowed to terminate the union through a court if the applicant is a man whose wife is pregnant or is raising a child who is not yet one year old.
Jurisdiction and jurisdiction
The dissolution of a court of law requires you to determine exactly where to turn to consider the lawsuit. Jurisdiction lies in the fact that such cases are civil. Jurisdiction implies that such cases are heard by a justice of the peace. It is he who needs to file a lawsuit if the spouses themselves have made a peace agreement, on the basis of which they determined with whom the minor children will remain, as well as how the property earned by the citizens during joint management will be distributed.
If the plaintiff demands not only the dissolution of the marriage in court, but also puts forward other requirements, then you must first understand all these conditions in order to determine whether it is advisable to appeal to the justice of the peace, since such cases are usually referred to the district court.
The district court must be contacted under the following conditions:
- it is required to divide property whose value exceeds 50 thousand rubles;
- the plaintiff wishes the second parent to be deprived of his rights to the children;
- it is necessary to carry out a procedure on the basis of which paternity will be established;
- there are other requirements that apply to children or conditions not considered by a magistrate’s court under Art. 23 GIC.
Therefore, before determining where exactly it is necessary to file a lawsuit, it is necessary to identify the reasons for the dissolution of the marriage in court, decide whether it is possible to independently divide the property, and also to establish whether citizens themselves can determine with whom the children will remain.
When can I not go to court in the presence of minor children?
There are certain conditions under which divorce is not required in a judicial proceeding, even with children. These circumstances include:
- children are not common, only the mother or father is their parent;
- one of the spouses is in prison, and he must be sentenced to a term exceeding three years;
- it was established in court that one of the parents was found missing.
Under the above conditions, it is not required to go to court, but only on the condition that there are no disagreements between citizens regarding property.
The nuances of divorce
A case is considered in court only if there is a legal basis presented by a statement of claim. It is served by one of the spouses. In this case, some conditions must be met:
- the conditions for divorce in court are initially that citizens must really prove the impossibility of further family life;
- the lawsuit must be written down for what reasons it is necessary to terminate the union, and they must be really justified;
- you need to prove your point of view, so if there is only an unwillingness to live together, the court can reject the lawsuit or request additional documents;
- the judge will surely provide the participants in the process with the opportunity to once again reflect on the decision made, and can also find the ways by which the family will be saved; This is of particular importance for families in which there are minor children.
Usually several meetings are held, and the procedure itself can drag on for a long time, so it often takes about six months or three months. This is especially true if one side is against divorce, so you can use conciliatory methods.
What does the court decide?
If you go to court to terminate the union, then the judge decides some important issues:
- property that is jointly owned by the spouses is shared, so they both have the same rights to it;
- decides with whom minor children are left, if citizens have them;
- it is determined how each of the parents will realize their own duties and rights in relation to raising children;
- child support is assigned for the parent who will live separately, and payments can be represented by a fixed amount or some part of the citizen’s salary.
All these important issues are decided precisely through the court. To make a decision, the judge carefully considers all the circumstances of a particular case.
How to write a statement?
An important point in applying to the court is the correctness of the drafting of the claim. A sample claim for divorce can be found below.
This document must contain information:
- name of the court to which the case is referred (it is also better to know the name of the judge in advance);
- information about the plaintiff, which includes his name, address of residence and data from the passport;
- information about the defendant, containing his full name and place of residence;
- the immediate reason for the divorce, and in addition, a clear justification is required, since in the absence of grounds, the court may be denied to consider the case;
- confirmation of the identified grounds for termination of relations between spouses;
- reasons why it is not possible to use the registry office to complete this process, moreover, they may be associated with the presence of common minor children or valuable property that people cannot share independently;
- The list of documents that are attached to the application is provided.
It is advisable to bring this documentation and application yourself to the court, but it is allowed to send them by mail. A sample claim for divorce is an understandable document containing simple and accessible information, so there will be no problems with its preparation.
How is the process implemented if one side refuses to divorce?
Initially, the court will try to establish whether there is an opportunity for reconciliation of citizens. If one of the spouses does not want to end the relationship, then there is a possibility that people will be able to make peace. Often the court applies various conciliation measures aimed at family reunification. This takes into account the reasons for which one party refuses to divorce in a lawsuit.
Often such measures are connected with the fact that a break is scheduled in the process, which can even reach three months. During this period of time, citizens must decide whether they really wish to end the relationship. If even after this period one of the parties does not want to make concessions and put up, and also still requires a divorce, then the necessary resolution is issued. Based on the decision of the court, an entry is made in the registry office stating that the marriage was divorced, and therefore marital relations between people cease. Each person receives a certificate stating divorce information.
The nuances of divorce with mutual consent
Often people agree to terminate the relationship, but at the same time they may have common property or children who are not yet 18 years old. The decision regarding the sharing of values ​​and parenting can be made by people on their own. In this case, in the presence of a lawyer, they draw up a special peace agreement. It contains the following information:
- how to share all property that is jointly acquired in marriage;
- resolves all issues related to parenting;
- it is indicated with whom the children will live;
- child support is awarded, and they can be represented by a fixed payment or can be calculated monthly based on the income of the parent, who will live separately from the children.
Such an agreement is taken as a basis, therefore, usually the judge does not change any conditions from this document, if they do not directly violate the rights of any party. It is not allowed that children's rights or legal norms are violated. Without violation, such an agreement acts as a writ of execution, therefore, all conditions in it are binding.
Quite often, all problems between spouses are peacefully resolved even when the marriage is dissolved in court. The time period during which a court ruling on termination of relations is issued may not be less than 1 month from the date of appeal, and if conciliatory measures are used at all, the procedure may take a long time.
How is the procedure performed in the presence of children?
Often spouses have common minor children, and parents cannot come to a single decision as to who the babies will be with, who will be involved in their upbringing, and what kind of alimony the second party will transfer. In this case, all issues are resolved through the court. The procedure for divorce in court in the presence of minor children differs in some nuances:
- if the spouses made an amicable agreement, then all the data about it is entered into the protocol by the judge, after which this document is signed by both participants in the process to confirm that they agree with all the points;
- if the parties cannot agree, then the court of general jurisdiction parses the case;
- when considering this case, the material condition of each parent is taken into account, as well as the psychological aspect associated with the upbringing and development of children;
- on the basis of the decision, a decision is made, which is binding on each party;
- such processes are considered exclusively in open meetings;
- the court often refuses to evenly divide property between parents so that the parent who remains with the children receives more values;
- during the calculation of the optimal amount of alimony, it is taken into account what is the material and social situation of each side;
- if the children are already more than 10 years old, then they can express their opinion during the trial, therefore they themselves tell the judge which parent they would like to live with;
- the opinion of the child is taken into account if it does not violate the rights of the minor, and also does not contradict his interests.
Often during such a process, problems of divorce arise in court, since children often want to stay with the parent who has a not very good financial situation. In this case, the court prefers the mental comfort of the children. Additionally, alimony is assigned for the other spouse, for which his official salary is taken into account, and if it is absent, then a fixed amount is assigned, which must be paid by the citizen every month for children.
Decision-making
Divorce in the presence of children is almost always carried out in court. The judge considers all the circumstances of the case, after which a judicial act is issued. It must comply with the conditions prescribed in Ch. 16 GIC. The decision must contain information:
- with whom of the parents are minor children;
- who will pay child support for children;
- what will be the size of these payments;
- the question of the division of property is being decided.
All of the above issues are serious and important for each person, so the court should provide an opportunity for citizens to try to resolve their differences peacefully. If they cannot reach a compromise or if the existing agreement violates the rights of children, then the court will decide on its own.
Features of divorce in court are that the court, when determining who the child will remain with, takes into account his interests, and not the wishes of the parents. In this case, the selected party must have all the conditions for the upbringing and development of the baby, otherwise he will have to pay child support and see the children on weekends.
At what point does the divorce occur?
Relations between spouses under Art. 25 SK on the day when the decision taken by the court comes into force. If the process is carried out through the registry office, then the union is terminated by making an appropriate mark in the registration book. The court notifies the registry office of the decision, after which the necessary entry is also made. Therefore, former spouses will additionally have to contact this institution for an appropriate certificate. Without this document, they will not be able to enter into a new marriage, change their passport or issue other documentation.
How much does the process cost?
If citizens are required to go to court, they must be aware of the need to pay certain funds in the form of a fee. The state duty for divorce in court is 600 rubles, moreover, this amount is paid upon filing a lawsuit. Therefore, at the same time as the lawsuit, it will be necessary to give the court a receipt on payment of the fee.
Further, upon dissolution of the marriage in the registry office, each spouse will also have to pay a fee of 650 rubles. The plaintiff may compensate the first fee at the expense of the defendant, for which this claim must be indicated directly in the claim, but it is not always satisfied by the court.
Thus, quite often citizens have to go to court to terminate the union. In some circumstances, this is a mandatory process. The procedure is distinguished by the need to pay a fee and the provision of various documents and requirements, on the basis of which a decision is made. The court decides with whom the children are left, how the property is divided, which alimony is assigned, and also many other issues can be resolved. The decision is presented by a special resolution, which must be executed by the parties to the process.