Today we will try to thoroughly study some of the basics of the Family Code. Divorce is something that can affect everyone. Next, we will try to study the key points of a divorce. What should everyone remember about this? What troubles can expect a couple? How is the divorce process arranged? Understanding all this and not only really important. Indeed, only in this case, a citizen will be able to leave his spouse (spouse) as painlessly as possible.
Where is the new condition drawn up?
According to the Family Code, divorce is voluntary. The procedure can be carried out at any time. The applicants are either both spouses or one of them. It is better that both people in a pair agree to the operation.
Divorce in Russia is registered with certain authorities. You can apply for:
- to local courts (global or district);
- to the registry offices;
- at the MFC.
In addition, an application for a divorce proceedings is allowed through the Internet. In this case, the government services portal will help.
According to the law, if one of the spouses filed an application in the established form, they will not be denied. Marriage will sooner or later be dissolved. There are a number of exceptions, but more on that later.
When to go to the registry office
The Family Code of the Russian Federation allows divorce in different bodies. The simplest scenario is the appeal to the registry office (at the place of residence of the husband or wife or the one where the painting was carried out).
It is allowed to apply for registration of a new civil status if:
- a citizen already has a divorce in his hands;
- both spouses agree to part;
- the parties have no property disputes ;
- termination of relations with husband / wife is carried out unilaterally, as provided by law (more on this later).
As a rule, in the registry offices the divorce process begins in the absence of children. If they are, then in the mentioned body they just issue a certificate of the established form.
Going to court
In the Family Code, the procedure for divorce is clearly defined, but it has many features. The thing is that sometimes citizens have to go to court to implement the task.
The judicial authorities are contacted if:
- one of the spouses is against formal separation;
- citizens have common (including adopted) minor children;
- there are property claims.
It is important to remember that:
- Consideration of divorce cases in case of minor property disputes is carried out in world courts.
- If the husband and wife cannot themselves divide property worth more than 50,000 rubles, you need to go to the district court.
- If the spouses want to make a separation unilaterally, it will be necessary to draw up a lawsuit and file it with the justice of the peace. The same goes for divorce in the presence of children.
- It is required not only to get a divorce, but also to solve maintenance issues? We will have to prepare a statement of claim for the district judge.
In general, divorce is difficult. Especially if there are small children in the cell of society. The easiest option is to make a separation through the registry office, but this is not always possible.
Exceptions for registry offices
As we have already said, according to the Family Code, divorce can be carried out unilaterally through the registrar. In what cases can a husband or wife petition alone (if preliminary judicial debate is excluded)?
Here are the exceptions under which official separation is allowed through a registry office:
- the spouse was sentenced for more than 3 years (provided that the culprit was placed in prison);
- husband / wife has been declared dead or missing;
- the second spouse agrees to a divorce, but for one reason or another he cannot come to the registry office.
That's all. We will talk about how to behave under certain circumstances to complete the divorce process.
Divorce Limitations
If a family has a child, the Family Code divorces ideally through a court. If parents have disputes about how much to pay child support and with whom the children will live, this or that judge will help to deal with conflicts.
Unfortunately, in Russia the official registration of separation of spouses has many features. For example, in certain circumstances, citizens can not apply to the registry office or the court to implement the task.
What is it about? To date, men cannot apply with a statement of the established form in the presence of a pregnant spouse. This restriction also applies to families where children were recently born. While the kids are less than a year old, the husband, according to Article 17 of the Family Code, cannot divorce the marriage.
Nevertheless, you can still disperse. To do this, the initiator of the separation should be a woman. Expectant mother at any time is able to file for divorce. No one has the right to restrain her from this.
Peaceful Dispute Resolution
As stated in the Family Code, marriage and divorce is voluntary. Moreover, spouses can cope with the tasks in different ways. For example, property conflicts, maintenance issues and everything related to minor children can be resolved peacefully. Then the separation through the court will proceed much faster.
The way out of this situation is to draw up peace agreements. Documents are signed by notaries. They will help with a divorce to understand:
- how to communicate with children;
- how will the common property of the spouses be shared;
- with whom the children will live (and where exactly).
As practice shows, for the execution of peace agreements may require such papers:
- prenuptial agreement;
- passports of the parties;
- official family registration paper;
- birth certificates of children;
- documents for all common property.
When resolving maintenance disputes, it is advisable to attach income certificates. In the further execution of peace agreements any experienced lawyer will help. Corresponding agreements will have to be applied to separation claims in an official manner.
Without spouse
According to the Family Code, divorce in court is carried out both with the participation of one of the spouses, and with their mutual visit. The second option helps to carry out the operation without much difficulty. Especially if you conclude peace agreements in advance regarding existing conflicts.
Without the presence of one of the spouses in court, they will not be divorced immediately. Nevertheless, if one of the participants in the process - husband or wife - failed to appear in court three times without reason, then the official separation will be registered without his / her presence.
In the registry office, as we have already said, you can also issue a separation without the presence of one of the spouses. For example, if:
- the process is carried out by court decision (in relation to divorce, recognition as dead / missing);
- the second spouse is deprived of legal capacity or has been deprived of liberty for 3 or more years;
- husband / wife is not opposed to parting, but cannot be present at the time of application.
In the latter case, you need to issue a consent and a power of attorney. In the relevant papers, the party absent at the time of filing the application writes that it is not against parting. In addition, a divorce request is indicated in the documentation.
REGISTRY OFFICES: Divorce Instructions
In the Family Code, divorce in the registry office is not always possible. Nevertheless, this is the simplest scenario.
To cope with the task, this instruction will help:
- Gather the documents necessary to translate ideas into reality. Their package will vary depending on the situation.
- Contact the selected registry office or the MFC with the prepared certificates. At this point, ideally, both spouses should be present.
- Pay the fee in the prescribed amount. At the moment, they pay 650 rubles each for parting. If a unilateral divorce is carried out, 350 rubles are levied on the spouse who filed the application.
- Come at the appointed time and pick up a divorce certificate. Usually, a return visit is carried out in a month.
In fact, there is nothing difficult about this. What else can the Family Code of the Russian Federation say? Procedure for divorce through the courts! How to carry out the appropriate procedure?
Judicial Debate Instructions
It is not as simple as it seems. Usually applying for a petition is a lot of trouble, because citizens have to deal with serious paperwork.
Guidance on parting through a court of law may be presented as follows:
- Make a statement of claim. It details the features of family life and all requests - for the appointment of alimony, the separation of property and children, the definition of a schedule for the second parent to communicate with minors.
- Prepare a specific set of documents. The list of references will vary depending on the situation.
- Contact a particular judicial authority.
- Take part in the hearing.
- Get a court order in your hands.
- Contact the registry office to issue a certificate of divorce.
Usually judicial debate (in particular, in the presence of children) takes from 4 to 6 months. Therefore, you have to prepare and tune in to the fact that the separation will not go as smoothly as we would like.
Documents for registration
Do you want to terminate the marriage? Articles of the Family Code will help to understand the nuances of this process. It is enough to study chapter 4 of the corresponding code of laws.
When divorcing through a registry office, citizens may need such certificates:
- duty paid receipt;
- statement;
- passports of the parties;
- marriage paper;
- court decisions (on a divorce, imprisonment of a husband or wife, recognition as legally incompetent / dead / missing);
- consent to divorce without the presence of one of the spouses.
This is usually enough. Much more extracts are required for the operation through the court.
Here is a rough list of documents that may come in handy during the implementation of ideas:
- lawsuit;
- passports of husband and wife;
- Marriage certificate;
- certificates of birth or adoption of minors;
- documents confirming paternity (for alimony);
- statements of income of the parties;
- documents for all joint property;
- characteristics from places of study / work;
- certificates confirming the right of the husband / wife to a particular housing;
- any evidence of misconduct by one of the spouses;
- pregnancy statement.
If there are peace agreements and marriage contracts, they will also have to be attached. Witness testimony can play into the hands of citizens.
Important: when “sharing” children, judges usually leave minors with their mothers. At the same time, fathers will have to pay alimony for babies (up to their 18 years) and for their ex-spouse during the decree.
"Public services" to help
An application to the registry office for a divorce can be filed through the State Services. To do this, a citizen will have to create a profile here and confirm his identity.
Further recommended:
- Log in to ESIA.
- Find among the available services "Divorce."
- Click on the "Get a Service" signature. On the page with this button you can familiarize yourself with the rules of separation in the family.
- Fill out an electronic application.
- Select a registry office to which to send a request.
- Pay for the service.
- At the appointed time, by invitation, come to the registration authority with the previously listed papers and pick up the divorce certificate.