The marriage union is terminated by the registry office or the court when the spouses have children under the age of eighteen or one of the citizens against divorce. This is written in family law. However, many people are not aware of the procedure for divorce in our country. So, as a general rule, the union can be terminated administratively (in the registry office) or in court. More about all this will be discussed in this article.
Main
Unfortunately, but at present the number of registered divorces exceeds the number of marriage unions concluded. This is a very sad statistic. The reasons for the divorce can be very different, but most often the termination of the official union is due to the infidelity of one of the spouses. In order to end the marriage, it is enough for the spouses to go to different houses and no longer live together, not to conduct a common household and joint life. But, in order to officially terminate their union, citizens must apply to the registry office or the court.
The procedure for divorce will depend on whether the spouses have common children who are not yet 18 years old and whether there is mutual agreement to terminate the marital relationship. All citizens who have decided to divorce their wife or husband should know about this.
Divorce Procedure
For the official termination of family relations between a husband and wife, only the desire of one of them is enough. After all, if one of the spouses wants to divorce, then the divorce will take place in any case. Of course, a husband or wife who does not want to end a relationship with a loved one can drag out the process of official separation. However, there will be no sense in this if the other spouse is determined to end the family relationship. You also need to know about this.
What you need to pay attention to
The procedure for divorce will depend on the desire of both spouses to end their family relationships. Also in this case, the presence of common children is of great importance, who, by law, have not yet become fully capable.
Therefore, if both spouses wish to terminate their family relationships, then they turn to the registry office for this. But only if the couple does not have joint, minor children. Otherwise, divorce is possible only in court.
In addition
The grounds and procedure for divorce are fixed in family law. In order to officially terminate the marriage, one of the spouses must send a statement to the court if the second is against breaking the union. The same thing happens when a couple has a minor child. His interests in this case will be above all.
If there is a joint child, the application for divorce is submitted by the plaintiff to the magistrate of the section where the second spouse lives. But this is only if there is no dispute between the husband and wife about which of them the baby will live with after the official separation of mom and dad. Otherwise, the application for divorce is submitted to the district court. Also, the parent with whom the child will live has the right to demand the recovery of alimony to provide the minor with another parent. You also need to know about this.
Prohibited
In the event that the husband decided to break off the marriage with his spouse, who is in a position, he will not be able to do this until the moment the child is born and he turns one year old. This is an important condition that does not allow a man to leave his family at a time when his wife needs support and help.
However, a woman herself can file for divorce during pregnancy if she believes that their relationship with her husband has long been terminated. In this case, the divorce will take place in the registry office. Unless, of course, the woman’s spouse does not oppose the dissolution of their union and wants to save the family. Otherwise, the divorce will take place in court.
Important
The general procedure for divorce is divided into two types:
- administrative (i.e., a divorce takes place in the registry office);
- judicial (official separation of spouses is fixed in the decision of the justice authority).
This is recorded in family law.
As mentioned earlier, the registry office is allowed to file a divorce if the couple does not have joint children, but there is mutual agreement to terminate family relationships. However, there is one very important exception to this rule.
A husband or wife can exercise the right to divorce unilaterally if the second spouse:
- has been declared missing by the justice authority;
- court was declared legally incompetent;
- was convicted of a criminal offense for a term of more than three years and sent to places of isolation from society).
Nuances
In the presence of the above circumstances, the joint life of the spouses loses all meaning, therefore, many women and men try to terminate such marriage in the official manner as soon as possible. Although there are some citizens who are waiting for the return of a loved one from the colony, when he is serving time. This also happens.
Nevertheless, divorce unilaterally by law is not prohibited and in practice is carried out by the civil registry office quite often. For this, the husband or wife needs to have certain documents with him (a copy of the verdict or court decision), file a divorce application and pay the state fee in the amount of 350 rubles.
Characteristic
As mentioned earlier, the procedure for divorce in the Russian Federation is enshrined in family law. Nevertheless, despite this, many citizens sometimes find it difficult to decide where they need to file for divorce.
In this case, people should always remember: if they have common children with their spouse who have not yet become adults, then the divorce takes place in court. In the registry office, a divorce will take place when both spouses wish to terminate their family relationships and have no offspring up to 18 years of age. Nevertheless, if people still have feelings for each other, then it is best for them to try to maintain their union, especially if children were born in the marriage.
In the judiciary
Currently, a large number of divorces are taking place between young spouses who have a joint child who is not yet 18 years old. In such a situation, the termination of the marriage is carried out in court. In this regard, the husband or wife needs to file a lawsuit in a magistrate court. The application must be accompanied by:
- original certificate of marriage;
- a copy of the birth certificate of the child;
- a check on the payment of state duty (now it is six hundred rubles);
- copy of the claim for the defendant.
Judicial divorce shall be effected no earlier than one month after the application is submitted to the judicial authority. This is an important rule to know. Nevertheless, if the divorce takes place in a district court (if there is a dispute about the residence of children), then the process can take up to two months. If the husband or wife does not agree to break up family relations, the judicial authority may give time for reconciliation (up to three months). If during this period the spouses do not wish to maintain the union, then the marriage will be dissolved. Therefore, you should not think about the fact that if one of the spouses does not attend the meeting, then the divorce will not take place. After all, if one of the citizens decided to end his relationship with a husband or wife, then this will happen anyway, regardless of the desire of the other spouse. In practice, this happens quite often.
To the foregoing
I would also like to say that the procedure for divorce in court consists of several stages:
- applying for a divorce;
- acceptance of the case for production;
- hearings in process and adjudication.
After the decision on the case is made, the spouses have one month to appeal the procedural act of justice. After this period, the decision takes effect. A divorce is considered completed and formally registered. An extract from the court decision and a marriage certificate of citizens are sent to the registry office. Each citizen can receive a document on the termination of the marriage relationship at the registry office after paying the state duty in the amount of 650 rubles. If a woman needs to receive a certificate stating that at marriage she was given the name of her husband, then for this she will also have to pay a state duty of 200 rubles. Detailed information on these documents can be obtained from the registry office employees of their locality. These are the rules.
The procedure for divorce in the registry office
Also recorded in the Family Code of the Russian Federation. All citizens who mutually wish to terminate family relations and who have no children under eighteen years of age have the right to divorce. To do this, the spouses need to submit a joint application to the registry office and attach to it a receipt on payment of state duty (650 rubles). In a month the state registration of the termination of the marriage union will be made. On this day, a husband and wife are required to attend the registry office. In the event that the spouses change their minds to file a divorce, this dispute will be resolved in court. You need to know about this.
FAQ
What will be the procedure for divorcing children? In this case, everything is quite simple. If people want to leave, but have children in common, then a divorce is made in court. The exception here is some cases where one of the spouses was sentenced to imprisonment or, in a judicial proceeding, deprived of legal capacity, and also declared missing. In this case, the registry office must provide a copy of the verdict or decision of the justice authority.
If there is no dispute between the spouses about the place of residence of their common children, then the divorce takes place in a magistrate's court. Otherwise, the plaintiff will need to contact the district justice authority. It must also be said that the issue of collecting alimony from another spouse who does not live with children can be considered and resolved during the process of divorcing citizens. This is nothing special. In practice, this happens quite often.
What can be the procedure and conditions for divorce? This question is asked by many citizens who wish to file a divorce on their own, without the help of qualified lawyers.
So, if we talk about the official separation of spouses, carried out through the registry office, then it takes place in cases where both sides of family relations agree to divorce and do not have minor children. Even if the husband or wife has a child from another marriage, this will not be an obstacle to the termination of this union in the registry office. In other cases, the official union is terminated in court.
For information
I would also like to say that the conditions for terminating the union are:
- the death of a husband or wife;
- declaration by the court of the spouse as dead.
In this case, the marriage will be considered terminated. Another condition for terminating the marriage is the desire of the husband or wife to end family relations with his spouse. In such a situation, it is very rare to manage to maintain family relationships between people.
Total
So, then, an official divorce between citizens who are legally married can be made by the registry office or the court. If people have joint children who have not yet come of age, then, as a general rule, divorce is carried out by the judiciary. To do this, one of the spouses who wants to terminate the union must file a lawsuit in court. As a rule, if a husband or wife does not insist on maintaining a marriage, then the divorce will take place at the first meeting.
However, the law has its exceptions. For example, if one of the spouses is found guilty of a criminal act and sentenced by the court to punishment in the form of isolation from society for a period of more than three years, then the other may unilaterally terminate the union with him.