Making a marriage union is a joyful event. Only it does not always end well. The thing is that more and more couples are getting divorced. Statistics of divorce proceedings in the judiciary are not encouraging. This situation is observed all over the world. Of course, Russia is no exception. Today we will be interested in divorce through the courts. We will fully study all the deadlines for completing the relevant act, possible problems and packages of documents for successful recourse to the courts. The information proposed below will help to cope with the task as soon as possible and without much difficulty. Nevertheless, it is impossible to insure yourself against judicial turmoil by 100%.
When they go to court
Under what circumstances is a divorce filed through a court? The timing of this operation is ambiguous. Citizens can cope with the task both very quickly and meet in court for about a year. Therefore, we first consider the key legislative aspects of the issue under study.
When do citizens need to go to court to break up a marriage? By law, this is done if:
- one of the parties against the termination of relations in an official manner;
- there are property conflicts;
- the family has common minor children (including adopted children);
- during the operation, alimony is required.
It is worth noting that in the absence of common children and property disputes, you can simply go to the registry office and register the divorce. This will greatly speed up the procedure.
What courts
Divorce of spouses through a court by mutual consent, as a rule, is not carried out. In this case, it is enough to go to the registry office. In particular, if the previously listed conditions are absent.
Which courts file divorce claims? You can go to:
- Justice of the peace. It considers divorce by mutual agreement in the absence of common property. Conflicts are allowed regarding the section of jointly acquired in the amount of not more than 50 thousand rubles.
- District Judge. This person will consider all “problematic” situations. For example, to resolve property disputes and determine the place of residence of minor children.
There are no more options for the development of events. Divorce of spouses through a court is increasingly carried out in district judicial bodies. This is a normal occurrence, but you will have to thoroughly prepare for the procedure.
Brief instruction
Many are interested in the procedure for divorce through the courts. In fact, instructions for implementing the task look simple. In real life, judicial debate takes a lot of time and energy.
To formalize the termination of the marriage, a person will need:
- Prepare a package of documents for filing a lawsuit. It will vary depending on the circumstances. Possible extracts considered by judges will be presented below.
- File a divorce lawsuit.
- Pay for the upcoming operation.
- Submit a statement of claim to the judicial authority at the registration of the defendant. In exceptional cases, an application may be submitted taking into account your place of residence.
- Wait for the hearing.
- Take part in litigation.
- Get a court order with one decision or another in your hands.
- Issue a certificate of divorce at the registry office.
That's all. As already mentioned, at first glance it seems that there should not be any problems. But in reality, everything is not so simple. Often times of divorce through the courts are not encouraging, and the upcoming chores take away all the forces available to the parties. That is why the parties are advised to prepare in advance for communication with the judges.
Common reasons for handling
What could be the grounds for a divorce in court? Usually this:
- the desire of one of the spouses to end the relationship;
- the presence of disputes on the division of common property;
- registration of a divorce with minor children;
- misrepresentation before the wedding (for example, silence about the presence of sexually transmitted diseases in a husband or wife);
- appeal of a legal representative of one of the parties with a lawsuit for divorce.
In Russia, marriage is voluntary. Only terminate officially registered relations can be unilateral. No one will be married. Judges will simply give more time for reconciliation than the registry offices.
Terms of consideration
How long does a divorce through court last? There is no single answer to this question. This is quite normal. Each situation is considered individually, everywhere citizens behave differently. Someone reconciles faster, and some run away from judicial debate.
Divorce times through court may vary. However, a court session is usually scheduled no later than 10 days after filing a lawsuit. So much time under the law should be allocated to the consideration of one application.
Debate Duration
Divorce through court with children is usually longer than in the absence of minors. The thing is that having a common child is the basis for a longer reconciliation of the parties. It is possible that at any given time in the family there is simply a crisis that should be experienced.
In general, divorce through the court takes at least 2-3 months. So many parties are given for reconciliation. Divorce through a court of law with children may increase up to six months.
There are cases when litigation over divorce proceedings lasted for years. This is not the most common, but occurring in practice, phenomenon.
In any case, divorce through court is a long operation. And if you agree with your spouse amicably to end the relationship, you can often reduce the upcoming chores to a minimum. Namely - to wait up to one month. So much time is spent for registration of a divorce in the registry office.
Termination Limitations
Russian law protects citizens and their rights. Women and children are the categories that most often need support. And therefore, when the marriage union ends, they have special rights and "bonuses."
Citizens should consider that through the court it is not always possible to get a divorce. And through the registry office too.
We are talking about situations in which the initiator of the operation is a man. A husband cannot file for divorce if there is a pregnant spouse. This rule is valid until the common child is 12 months old.
Nevertheless, you can cope with the task. This restriction applies only to men. Women are able to file for divorce at any time. There are no restrictions and exceptions for them.
Accordingly, in order to terminate the relationship during the pregnancy of the spouse or during the period of having a newborn child, the initiator of the procedure should be a girl.
Deadlines for divorce certificates
Are you planning a divorce through the court? The timing of the process varies from 2 to 12 months. It all depends on the circumstances.
And how quickly will citizens be issued a certificate of termination of marriage? Usually this paper is made 1 month. If the marriage is terminated in court, you can take the certificate of the established form from the registry office in a few days.
More information can be obtained from the selected registration authority. Sometimes divorce certificates are issued within a couple of hours. This is quite normal if the applicant has with him a court order to terminate the marriage.
Important: in the situation under study, the registry offices only register the termination of marriage, and do not make a decision on this issue.
Why do you need a court
The timing of a divorce through a court in Russia, as you might have noticed, varies. It was previously noted that the situation under study is a lot of trouble. So why do you need to get divorced in court?
Judicial authorities help:
- resolve property conflicts;
- appropriate alimony, if required by law;
- protect the interests of minor children;
- determine with whom the child will be better off;
- establish a schedule and order of communication with the second parent.
In addition, judges contribute to the implementation of the right to terminate unilateral marriage. For example, if the husband or wife does not agree with the operation.
The rule of "three absenteeism"
Some believe that official relationships can be avoided if you do not attend court hearings. Indeed, to make a decision, the judge must listen to both parties.
This is actually not the case. Divorce of spouses through the court is unilaterally possible. And running around from court hearings is not a ground for dismissing the claim.
How long does a divorce through court last? It’s hard to believe, but sometimes deliberate avoidance of judicial debate speeds up the whole operation. This is due to the fact that the "three absenteeism" rule comes into force.
It consists in the fact that the court automatically divorces citizens on the conditions of the plaintiff if the defendant fails to attend the meeting three times without good reason. This practice is increasingly common. And a spouse who does not agree with a divorce may, after some time, unexpectedly note for himself that he has been divorced for a long time.
Main papers
Divorce times through court in Russia may vary depending on the situation. This is an unstable component, which causes a lot of trouble. Unambiguously answer, what term of divorce through the court will not work. This indicator is constantly changing.
For the court, as already mentioned, you need to prepare. A huge role in the implementation of the task is played by the formation of a package of documents for filing a statement of claim.
Without fail, the plaintiff must attach:
- petition for divorce;
- Marriage certificate;
- identity cards of the parties;
- paid fee for the upcoming case;
- statement of claim with a detailed description of what is happening in the family.
These are mandatory statements that are needed in any circumstances. Further, the documentation package will change depending on the family situations in life. Consider the most common of them.
Property Disputes
For example, prepare for property disputes in a divorce through the court. The timing of this operation is usually not too long. You can succeed in just a couple of months.
To successfully terminate the marriage, a citizen must prepare:
- extracts on common property;
- receipts and checks evidencing the acquisition of a property for personal or general means;
- title deeds for property (deed of will, testament, purchase and sale, exchange agreements, etc.);
- agreements evidencing payment for reconstruction or major repairs of property of one of the spouses.
It is worth noting that the personal property of the husband and wife is not divided. It can be recognized as common if you thoroughly invest in the repair or reconstruction of property with common money.
Important: the presence of a marriage contract will significantly speed up the process of termination of relations with a spouse in an official manner.
During pregnancy
Are you planning a divorce through the court? How much time will the implementation of the task take? For example, if a woman during pregnancy wants to end her relationship with her spouse?
Usually, you need to focus on the standard duration of divorce proceedings - two to three months. The applicant will have to have not only the papers listed above, but also pregnancy certificates. They are issued in medical institutions where a woman is observed. It is advisable to order a fresh certificate. It will help confirm the fact of having a pregnancy, especially in the early stages.
Have kids
Of course, the most problematic is the termination of spouses in the presence of common children. There are rare exceptions, but we'll talk about them later.
Documents needed for divorce through the court with children are prepared in large volumes. Here you can show everything that characterizes the parties for better or worse.
Typically, to terminate a marriage with a spouse in the presence of small children, it is required:
- birth certificates of minors;
- any extracts capable of confirming kinship with the father or mother;
- documents proving that the plaintiff and defendant have separate housing (a lease or social rent contract is also useful);
- certificates of family composition of the parties;
- medical reports regarding the mental health of the husband and wife;
- characteristics from places of work or study;
- the results of a psychological assessment of the attachment of children to a particular parent;
- any materials that can prove the deviant behavior of the spouse or maintaining a cultural lifestyle (photo, video, correspondence, SMS and so on);
- witness's testimonies;
- income statements.
In Russia, children are most often left with their mothers. Selecting minors is problematic even in women with alcohol or drug addiction. Usually, judges give time to rectify the situation.
If the mother of the children is not addicted and has no mental illness, it is almost impossible to select minors. Therefore, fathers only have to prove their adequate behavior to establish the order of communication with the child.
Important: if one of the parties committed a crime against the child or his parent, evidence can be gathered of such an act. They will help not only persuade the judge to their side, but also help to deprive the negligent parent-violator of parental rights.
Features of divorce with children
We examined the documents necessary for a divorce through a court in a particular case. Usually the listed papers are sufficient for the successful implementation of the task. Additionally, peace agreements on alimony, accommodation with children and property sharing can be attached. Such certificates will speed up the divorce procedure.
Special attention is paid to cases where families have small children. Judicial debate takes place in this case with the participation of guardianship authorities. If necessary, an independent child psychologist is invited.
Children over 10 years of age have the right to vote at the hearing. The court will certainly listen to the child’s opinion on the divorce and take note of it. Usually children are asked about life in the family and about affection for one or another parent. This helps to determine the place of residence of minors without prejudice to their freedoms and interests.
Children under 10 years old are also questioned, but in a slightly different way. This is usually done by a child psychologist. A similar technique is necessary in order to reveal children's fears, desires and needs. After all, minors may be afraid to admit what is really happening in the family.
Babies who are breastfed are usually left with their mothers. A woman is entitled to alimony during this period.
Important: child support is not paid unless relationship with the respondent father is proven.
The exception to the rule is divorce from children without problems.
Duration of divorce through the court in the presence of children in the cell of society sometimes turn out to be extremely small - up to 2 months. When is this possible?
There is only one way forward - divorce , provided that the children are not registered with their father. That is, in the birth certificates there are no records about the father of the child.
In such circumstances, children will be considered born of a female spouse. The father needs to prove and confirm the fact of kinship with minors. In fact, this is not always beneficial. Why?
As already mentioned, until proven kinship with the defendant, you can not pay child support. This is used by many men who want to forget about the "old family".
Cost
Now the time for divorce through the court is clear. And how much will you have to pay in one case or another for upcoming operations?
Filing a lawsuit will cost 600 rubles. Money is paid by the plaintiff. The defendant is not charged for litigation.
After the divorce, you will need to pay 350 rubles (to each of the spouses) for the production of a divorce certificate. If you terminate the relationship initially through the registry office, you will need to give a total of 650 rubles.
Summary
We found out how a divorce is filed through the court. How much time is allotted for reconciliation, we also managed to find out. The information brought to your attention will help you sort out the length of the court debate and prepare for upcoming disputes.
The order of divorce through the court is not so difficult to remember. The main thing is to prepare the necessary documents for the judge in advance . Based on them, this or that decision will be made.
Duration of divorce in court without children is less than in the presence of minors. And this fact will have to be taken into account.