Formation of a family in an official manner provides for the registration procedure in the registry office. And what if you want to break the marital relationship? Is it possible by law to carry out a divorce through the courts? And if so, what exactly should be done in this or that case?
Right to divorce
Creating a family is voluntary. And citizens can get married at any moment after reaching the "marriage" age. And what about divorce?
It can take place almost any time after the official wedding in the registry office. The initiator is either husband / wife, or both sides at once. You can also carry out this procedure in the registry office, but for this you need certain conditions. Most often, there is a divorce through the court. Therefore, further we will familiarize ourselves with a similar procedure in more detail.
When they go to court
Ideally, the termination of the marriage, as already mentioned, is carried out through the registry office. But under current law this is not always possible. In some cases, you have to go to court.
Judicial authorities will consider relevant applications if:
- spouses have property disputes ;
- one of the participants in the process does not agree with the collapse of the family;
- in the cell of society there are common or adopted children under 18 years of age.
Mandatory courts are engaged in the divorce of couples who have children. In other cases, you can often do without a lawsuit.
What courts work with citizens
Some are interested in which particular judicial authorities are required to file claims in established patterns. The answer depends on the specific situation.
The following options are possible:
- appeal to a magistrate court in petty property disputes;
- filing a petition with a district judicial authority if there are children and large property is to be partitioned.
There are no more options and cannot be. What else do you need to remember for people who decide to terminate their marriage?
Divorce Limitations
It’s good enough to study the RF IC. The procedure for divorce through the courts in one case or another, we will consider later. First, find out when you can not destroy a family.
A man cannot be a divorce initiator in a court or registry office if:
- he has a pregnant spouse;
- the family has children who are not yet 1 year old.
In the situations described, a woman can file a lawsuit to terminate the marriage. It is mandatory to go to court. Her husband’s consent to the operation is not required. Unilateral destruction of a family also occurs on the territory of the Russian Federation.
Duration of consideration of cases
Documents for divorce through the court are prepared in advance. We will review their list later.
How much time does divorce through the judiciary take? The answer to this question will be mixed. It depends on many factors.
On average, 2-3 months are allowed for divorce through the courts. So much time is given to couples to reconcile if they do not have serious disputes and children. Otherwise, the divorce process can last up to a year or more.
Unilateral order - is it possible?
Some are wondering if citizens have the right to a family breakdown unilaterally through judicial assistance. Indeed, sometimes the spouse intentionally does not appear in court or cannot do this due to life circumstances.
In general, the legislation of the Russian Federation provides for the termination of marriage unilaterally. Especially if one of the parties:
- I agree with the divorce;
- deliberately avoids meetings with the plaintiff and the judiciary.
In Russia, the so-called “three absenteeism” rule applies. It is enough for the defendant not to appear in court 3 times without good reason. After that, the family will collapse unilaterally.
If the pass occurred for objective reasons, this will have to be proved. And in case of consent to a divorce, it is enough to sign a request paper with a notary. In the document, the one who cannot come, writes his consent to the divorce and asks to consider the case without his presence. It is advisable to attach evidence to the paper that failure to appear in court is for good reason.
Step by step about the procedure
What is the order of divorce in court? To cope with the task, you need to act on certain principles. Then it will be possible to cope with the solution of the problem as soon as possible.
The algorithm for the destruction of the family through the court will be as follows:
- Discuss the features of divorce with a spouse. This step is not always carried out.
- Prepare the documents necessary for successful consideration of the application.
- Write and submit a statement of claim to the judicial authority. Through which court the divorce is carried out in a particular case, we found out earlier.
- Wait for the invitation to the hearing. Participate in it.
- Get a court order in your hands. As a rule, couples are given time for reconciliation. If the family has not recovered within the allotted time, a regular meeting is scheduled, after which the marriage will be terminated.
As already mentioned, the process takes a lot of time. Especially if the spouses have common property or minor children.
The main package of papers
What documents are needed for a divorce in court? The package of papers will vary depending on the situation. First, consider the documents that are required from the parties in any circumstances.
These include:
- statement of claim;
- passports of the parties;
- divorce certificate;
- receipt of state duty.
In real life, the operation being studied involves more serious paperwork. Below we will answer which documents for divorce through the court will be useful depending on the situation.
Property division
For example, sometimes it happens that the parties cannot share jointly acquired property. This is a fairly common situation. And it causes a lot of trouble.
To prepare for divorce through the court, you will need:
- marriage contract (if any);
- certificate of ownership of the property (extract USRN);
- checks and receipts for the transfer of money for property.
In some cases, the section is subject to the personal property of a spouse. This is possible if the other party can prove significant investments in non-property. For example, in the reconstruction of housing or its overhaul.
As proofs, any documents that indicate the fact of investing personal money of a particular spouse, as well as checks and payments, are suitable.
Children and courts
Divorce through court with children is the most troublesome task. The main problem is that it is far from always possible for husband and wife to decide with whom common children will live after the destruction of the family.
In order to file for divorce with a judicial authority if you have a minor child, you will need:
- minor birth certificate;
- certificate of family composition;
- a request (written in a lawsuit) to determine the child’s place of residence;
- statements of income of the parties;
- EGRN statements on the property of each spouse;
- medical reports on the health status of each spouse;
- characteristics from the place of study / work.
This is the minimum that may be needed in order to solve a legal dispute about determining the place of residence of children without problems. The judge will examine the prepared materials, and then render his verdict.
If the spouses have children in common, but at the same time they decide with whom the minors will live, a peaceful agreement on determining the place of residence of the babies is required to be enclosed with the statement of claim. This document is concluded with a notary in advance. Perhaps its design and the judicial authority, but this is extremely rare.
Important: in Russia, most often children are left with their mothers. It is extremely difficult for a man to ensure that minors are left with him. But you can still do it.
For the children to be left with me
The documents required for divorce through the court are diverse. Often, parents of young children think about how to increase the chances that the court will leave the kids with them. Can this be done at all?
Yes, but only with preliminary preparation. To increase the chances of a court decision regarding the determination of the place of residence of children with one of the spouses, it may be useful:
- family photos and videos;
- audio recordings (for example, with threats or statements indicating inappropriate behavior of the spouse);
- certificates on registration of the spouse of the opponent in these or those dispensaries;
- evidence of witnesses of inadequate, aggressive or inappropriate behavior of the “opponent” in court;
- medical opinions about the mental state of health of the parties;
- conclusions of psychologists (adults and children);
- Police certificates confirming that one of the spouses used his position in the family or had a criminal record.
If it is possible to prove that the husband / wife is inadequate, dangerous and living with them is harmful for children, they will not leave the kids with one or another spouse. In real life, as we have said, minors are almost always left with their mothers. Even a woman with addictions, the guardianship authorities give time for correction.
Important: mother’s lack of work is not a reason to take her child from the court. Employment only indirectly indicates the well-being of the family. This is a variable component. Therefore, only because of a lack of work, children are not taken from their mother.
During a divorce through a court of law with young children, custody and guardianship authorities will be present at the meeting. And if the child is already 10 years old, he can independently express an opinion on who he wants to live with.
Other papers
Documents for divorce through the court have not yet been fully considered. The fact is that sometimes couples diverge during pregnancy of the spouse. The initiator of the process should be a woman. Only in this way will the judge consider the application.
In addition to the listed papers, judicial authorities may come in handy:
- certificates from the gynecologist;
- any evidence and materials that the spouse beats / insults / humiliates the other side;
- extracts and court orders on the deprivation of parental rights, legal capacity, detention;
- power of attorney to represent one or another party;
- written consent to terminate the marriage.
In fact, with the right preparation, everything is not so complicated. Often a visit to a judicial authority can be avoided. The main thing is not to have common property and minor children.
Divorce through the court after how much will be carried out? The statement of claim is considered 30 days, after which the citizens will be summoned to a meeting to make a decision.
How to file a lawsuit
Now we find out how the petition for termination of the marriage is made. How to get a divorce through court? A sample claim in a magistrate court is presented below. We also offer a template that will help you create a statement for any occasion.
Mandatory in the request write:
- name of court with address;
- F. I. O. claimant and defendant;
- contact details of the applicant;
- Title of the document;
- detailed description of the situation;
- request for divorce (division of property / determination of the place of residence of children);
- filing date;
- signature of the plaintiff;
- list of documentation attached to the application.
That's all. As a rule, making a lawsuit is not so difficult. Direct divorce proceedings and paperwork bring much more trouble to families.
After the trial
Suppose that all documents for divorce through a court have been collected, reviewed, and the judicial authority has allowed the family to be destroyed. What's next?
As soon as the plaintiff has a court order in his hands, it will be necessary to register the operation with the registry office. This can be done through the MFC. It is enough to submit a request to the registration authority and prepare a number of documents.
The package of papers includes:
- applicant's passport;
- application for registration of a divorce;
- court decision;
- a receipt with a fee paid;
- Marriage certificate.
It is done. In just a few days, a citizen will be given a divorce certificate in his hands. Then it remains only to re-register the property, re-register the children and put the divorce stamp in the passport. Women, when changing their surname, are required to replace the identity card and the bulk of the available documentation.
How much is?
The state duty for divorce through the court is charged in different sizes. The amount of payment depends on some circumstances.
In 2018, the following will have to be paid for the divorce proceedings:
- 650 rubles - a divorce from children, the usual collapse of the family;
- 350 rubles - unilateral rejection of family relations;
- 400 rubles - if the division of property is carried out with a value of up to 20,000 rubles;
- 800 rubles + 3% of the amount over 20 thousand - the value of the property is up to 100 000;
- 3200 rubles + 2% of the amount of more than 100 thousand - if the division of property is carried out with a value of up to 200 thousand rubles;
- 5,200 rubles + 1% of the amount in excess of 200,000 - with a joint division for up to 1 million;
- 13,200 rubles + 0.5% in excess of 1,000,000 - if they share property worth more than 1 million rubles.