Divorce or divorce. How to get a divorce quickly: registration of a divorce in a short time Divorce of spouses as

Not at all family life is going well, on the contrary, domestic statistics show that a significant percentage of marriages ends in collapse at the most different reasons even after years together. This can happen to anyone, but not everyone knows how the divorce process works. , how to behave, what to do in such a situation and how long the dissolution of the marriage bond will last.

Divorce methods

The Family Code allows for two types of dissolution of a registered marriage:

  • through the territorial registry office;
  • through the court.

Having two bodies does not mean that it is up to the spouses to decide where to divorce. The law defines the conditions under which this or that body has the right to carry out the corresponding procedure. The legal norms also determine the order of divorce in the registry office and the court, which differs depending on the instance.

Divorce proceedings through the registry office

In order to unload courts by the legislation of the Russian Federation, the simplest divorce proceedings are carried out in an administrative manner, through regional registry offices.

Conditions

You can get a divorce at the registry office at your place of residence if:

  • both spouses have a desire to divorce and they expressed this desire by submitting an application to the registry office;
  • the spouses do not have common children under the age of 18;
  • the spouses have no contradictions and disagreements of a property nature, i.e. disputes about the division of property acquired during family life.

Exceptional situations in which the law allows the dissolution of marriage at the request of only one spouse in the registry office, even in cases where the consent of the other is absent or there are children, are recognized:

  • the issuance of a guilty verdict, according to which the second spouse was sent to serve a sentence of imprisonment for a duration of 3 years;
  • the issuance of a court decision by which the second spouse is recognized as missing or incapacitated.

The documents

You can file a divorce at the registry office after providing a number of documents:

  • statement. Depending on how the divorce process goes, one or another form is filled out. So, the mutual consent of the spouses requires that both fill out an application in form No. 8. It is allowed to jointly fill out such a form or independently fill out by each of the spouses.

In the presence of exceptional circumstances allowing unilateral divorce, an application is filled out in accordance with Form No. 9.

There is also a case of filling out the application form No. 10, but such a case is the certification of the divorce by the registry office on the basis of a court order on divorce that has entered into force.

  • spouses' passports;
  • a court order (sentence), if the divorce is carried out due to the presence of exceptional circumstances, and the corresponding court order establishes these circumstances;
  • a payment document certifying that the applicant has paid the fee.

Divorce proceedings through court

Divorce cases are administered by the district and magistrates' courts. What exactly will be considered by the court depends on the circumstances of the case and the claims submitted for consideration. Thus, the magistrate's court considers cases of divorce of spouses, between whom there are no:

  • disputes about the division of property or a dispute is estimated at no more than 50 thousand rubles;
  • minor children.

The rest of the cases fall within the jurisdiction of the district court judges.

The consideration of the case is carried out in a claim procedure. A spouse who wants to end the marriage is required to:

  • prepare and send a statement of claim;
  • pay the state duty, the amount of which is established by the Tax Code and amounts to 600 rubles (if this does not involve the division of property, etc.);
  • present evidence to the court.

The statement of claim is drawn up according to the rules determined by the norms of civil procedure legislation:

  • the introductory part of the claim consists of information about the court to which it is sent for legal proceedings and the parties to the process;
  • descriptive - contains a statement of the circumstances that led to the appeal to the court. The plaintiff also provides evidence in favor of the claims made to the defendant;
  • the final one - formulates clear requirements. It is also required to indicate which attachments are sent along with the claim (documents that serve as evidence: marriage certificate, birth certificate, documents for property acquired jointly and subject to division, etc.).

After the court receives the application, the judge individually examines it and the accompanying documents, issues a resolution to initiate proceedings within 2 weeks and appoints the case for consideration. Throughout all court sessions (there may be 1 or more of them, but on average 3-4), the parties in an adversarial manner defend each of their interests, attract witnesses, etc.

In the course of consideration, the court may give a period for reconciliation of up to 3 months. If during this period the reconciliation has not occurred, the court will proceed to consideration on the merits.

If the parties have shown in court a mutual intention to disperse, the court will make its decision after the first jam. In this case, the motives and other circumstances will not be established for them.

After the end of the stages of the judicial investigation and debate, the judge alone makes a decision based on the established circumstances and the law.

The timing

For divorce proceedings through the registry offices, strict deadlines have been set. So, the whole process of divorce from filing an application should take 1 month. This rule is common to all termination situations. marriage relations administratively, and there are no exceptions.

There is no such strict term that determines how long the dissolution of a family union takes through court. There is a general time frame during which, taking into account the specifics of the situation, the court must make both interim and final decisions. Anyway, judicial divorce last an order of magnitude longer. The minimum period that divorces can count on is 1 month and 11 days, which are required for the decision to take effect. It is widely practiced by the courts to grant a conciliation period, primarily for families with children, in which case the process will last at least 4 months.

If the initiator of the divorce is the spouse during the spouse's pregnancy and the latter does not share the husband's aspirations, the process will drag on for more than a year. This is because the court will refuse such a spouse and he will have the right to file for divorce only when the child is 1 year old.

The process can be delayed in case of an appeal against the court decision.

Divorce proceedings in Russia have specific features, and each case requires an individual approach. In most cases, when there is a confrontation between spouses, you should resort to qualified legal assistance in order to go through the process with less losses.

You will need

Instructions

The main condition for a quick marriage is mutual consent and agreement on all issues that usually arise in the process of divorce. You can get a divorce in the civil registry office (REGISTRY OFFICE) or in court.

If the spouses agree and they do not have common minor children, the marriage is dissolved at the registry office. Submit a joint application to the registry office at the place of residence or marriage registration, pay the state fee. When one of the spouses cannot appear at the registry office, two separate applications are drawn up, and the consent to the absent person must be notarized.

For divorce in the registry office, a monthly period is established, the countdown of which begins on the next day after the application is submitted. Upon its completion, the spouses are issued certificates of divorce, and it is enough for at least one of them to be present at the state registration of the divorce.

If you have minor children (your own or adopted), you can only go through the courts. In order not to drag out this process for long, discuss in advance which of you the children will live with, determine the procedure for communicating with the other parent and relatives on both sides, and agree on the payment of alimony. Also, discuss all property matters. Make your agreements one or more agreements, certify them with a notary or submit them to the court for approval.

Prepare the necessary documents:
- statement of claim in 2 copies;
- marriage certificate;
- certificates of birth (adoption) of children;
- certificates from the place of residence of the plaintiff and the defendant;
- certificates of income of the plaintiff and the defendant;
- notarized consent of the defendant to divorce;
- agreements on the upbringing and maintenance of children, the payment of alimony, the division of property;
- a receipt for payment of the state duty.

To speed up the divorce as quickly as possible, file a statement of claim with all the documents at a personal meeting with a magistrate. This way, your hearing will be scheduled faster and will be reviewed in one session. For divorce through the court, a month is set from the date of filing the application, after which the judge must make a decision on divorce and send it to the registry office within 3 days.

Divorce, as a concept and procedure for the process, is indicated in article 18 of the Family Code of the Russian Federation. This procedure fully controls the state, divorce can be carried out with the help of state bodies: (civil registration) or where the court will make a decision in accordance with the RF IC.

Grounds for divorce

The legislation provides for a number of - divorce, namely:

  • the death of one of the current spouses;
  • if the court declared one of the spouses missing more than 5 years ago;
  • divorce on the basis of an application by one of the spouses, with a claim by the guardian of one of the spouses, who was declared incapacitated.

The algorithm for the divorce procedure is strictly regulated, regardless of the wishes of the husband and wife.

In the process of dissolving a marriage in an administrative manner, as in regions and regional cities, the registry office does not investigate the reasons for the possible dissolution of marriage, does not ask questions about the possibility or impossibility of family retention, does not provide spouses with the opportunity to reconcile after a decision is made. Divorce of spouses in the registry office is much easier with minimal money, in contrast to the court, and time costs.

Divorce by common consent

It is possible to submit the filing either through the registry office, or in court. Through the registry office, a more simplified method, but it is allowed in certain cases, therefore, most often the court is used for divorce. The relevant claim and documentation for judicial dissolution of a marriage should only be submitted to the judicial authorities.

Divorce by going to court is necessary for spouses if:

  1. The second spouse does not give his consent to the divorce procedure through the registry office.
  2. The second spouse only verbally agreed to divorce, but proactively avoids finding and signing documents in the registry office for the legal registration of the divorce procedure.
  3. Married citizens have at least one minor child.

Divorce procedure in the registry office possible if:

  1. If there is a mutual consent of the two spouses to divorce (divorce by common consent).
  2. If the spouses who wish to dissolve the marriage do not have at least one minor child.
The general consent of each of the spouses who do not have a common minor child is confirmed by a statement, a sample of it can be obtained from the registry office at the place of residence of one of the spouses who apply, this claim is allowed to be filed at the address of state registration of marriage.

If, within 30 days, one does not abandon the statement of claim for divorce, one of the spouses must again apply to the registry office, where they will make a record of the divorce and give him a certificate, after which a divorce stamp is marked in the passport data of each spouse.

Divorce is a procedure where a declaration of a representative is not allowed, only the personal participation of the parties.

In 2019, the divorce procedure in Russia remains the same. You can dissolve a marriage in an administrative (through the registry office) or in court. It also remains possible to file for divorce through the State Services or the MFC (in case of an administrative divorce). To file for divorce, you must follow all the procedures provided by law.

Grounds and methods for dissolution of marriage

The current Russian legislation provides for two options for divorce: (civil registry authorities, i.e. in the administrative order) and (judicial order). Of course, from a legal point of view, the easiest way to leave is by submitting an application to the registry office, but not all divorcing couples have such an opportunity - for example, you will have to go to court for a divorce if the spouses have common minor children, if one of the parties (husband or wife) does not agree to divorce, or if they have disputes about the division of property.

You can contact the registry office only if certain conditions are met:

  • both spouses submit a joint application, do not mind parting, and also do not have common children who are under 18 years old;
  • only one spouse files for divorce, while the second was either sentenced to a long term for a crime (more than 3 years), or recognized by a judge as incompetent or missing.

Writing a statement

This period is provided so that the divorcing can rethink the decision. Only after confirmation of the readiness to complete the divorce procedure will the ex-spouses be issued a divorce certificate.

You can also apply for divorce at the registry office or.

Divorce in court

Any judicial procedure always provides for certain difficulties and duration of the resolution of the case. This is also true for divorce proceedings... You should get a divorce through a court if:

  • the husband and wife have children in common who have not reached the age of majority;
  • spouses cannot independently resolve property disputes;
  • one of the spouses does not agree to a peaceful separation or refuses to submit a joint application to the registry office.

An appeal to the court begins with the filing of a statement of claim for divorce, which must be drawn up in accordance with all the rules for its early acceptance by the court for consideration.

Which court to apply to

For going to court is charged National tax:

  • 600 rubles for a simple divorce;
  • up to 60,000 rubles for the division of property (the amount of the state duty in this case depends on the price of the claim).

Deadline for reconciliation

The judge, at his discretion, determines whether it is possible to keep the family. Even if there is even a minimal probability, then he can appoint the husband and wife a time limit for reconciliation. Such a period cannot be more than 3 months, but also cannot be less than 1 month. In order to shorten the time limit set by the court, the parties have the right to ask the court about it, providing reasons for such a reduction.

Court session and issues resolved by the court during its course

The court session is held on the day appointed by the judge. The parties will be notified of this date and time of the hearing in advance. The following issues can be resolved by the court:

  1. On the recovery of child support.
  2. About recovery (to the spouse).

The court's decision

In divorce proceedings, a court decision is one main document, because it is on its basis that the marriage will be recognized as dissolved. In addition, it is on the basis of the decision of the judicial authority that a divorce certificate is issued.

A court decision on divorce entails legal consequences only after it comes into legal force. To do this, it is necessary that a month has passed after its adoption, allotted for the possibility of its appeal.

Judgment can be appealed to a higher authority... This can be done not only by the plaintiff or the defendant, but also by any third party involved in the case. In addition, when appealing, it is permissible to appeal not only the fact of the dissolution of the marriage itself, but also how the court divided the jointly acquired property or determined the place of residence of the children.

Divorce certificate and the possibility of changing the surname

Certificate divorce is issued by the registry office... To get it, you must submit an extract from the court decision on divorce. An extract (it indicates everything that the registry office should take into account when taking actions to issue a certificate) must be issued within 3 days from the date of entry into force of the decision. If it is difficult or impossible to obtain it, then a copy of the court decision is also suitable for presentation. A certificate is issued to each party; to obtain it, you need to pay a state fee in the amount of 650 rubles from each spouse. If it is later lost, it can be restored by re-paying the state fee.

After divorce spouses have the right to change their surname... This must be done at the time of registering a divorce with the registry office, that is, when applying for a divorce certificate. Remember that if you change your surname, you will also have to change your passport!

Special cases

In the event of a divorce, there may be situations that require separate consideration.

Divorce without the presence of a spouse

Divorce without the presence of one of the parties is possible in the following cases:

  • if the spouse is physically unable to be present in the court or the registry office;
  • if the spouse does not agree to parting and expresses this by his absence;
  • if the spouse is recognized by the court as legally incompetent, missing, or sentenced to a term of 3 years or more and is in places of imprisonment.

If one of the spouses is unable to attend the divorce proceedings, then he can authorize a proxy to represent his own interests.

The court can also carry out the procedure for examination in absentia. In this case, the defendant is notified of the divorce proceedings, while he must inform about the impossibility of being present at the hearing and ask to postpone the hearing or consider the case without him, but if he did not use this right, the court will make a decision in absentia.

In the event that the defendant does not appear at the hearing three times for reasons that cannot be recognized as valid, the court at the last hearing makes a decision on divorce.

With mutual consent, both the employees of the registry office and the judge can dissolve the marriage in the presence of only one of the parties. It should be remembered that in the absence of mutual consent, a marriage can be terminated exclusively in court.

Divorce from a foreigner

You can dissolve a marriage union with a foreign citizen in Russia both through the registry office and in court.

  • Administrative divorce produced according to the standard procedure for the Russian Federation. It is also possible to dissolve the marriage without the presence of the foreign spouse, but in this case, his application, certified by a notary, will be required.
  • Divorce in court may be accompanied by a number of difficulties in the absence of a foreign spouse on the territory of the Russian Federation. In such a situation, it is possible to dissolve the marriage without the presence of this spouse, but his application will be required, as well as full respect for his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted spouse

If one of the spouses is sentenced to a term of 3 years or more and is in places of deprivation of liberty, then the other spouse can dissolve the marriage with him in the administrative procedure. Such a procedure is possible even in the presence of common minor children.

Divorce is necessary when the spouses actually stop living together and running a common household. According to the laws of the Russian Federation, all property acquired in marriage is considered jointly acquired, therefore, an application for divorce must be submitted immediately after the termination of the relationship.

This is especially true when one of the spouses is planning to purchase real estate. All questions and difficulties arising in the process of preparing for a divorce can be easily resolved, knowing all the nuances of this procedure.

Where and in what cases it is bred

For the official termination of relations between spouses, an appeal to the appropriate authorities is required. Depending on the circumstances, you can change marital status in one of the bodies:

  • territorial department of the registry office;

To dissolve a marriage in a registry office is the easiest and fastest option, which allows you not to waste time on the courts. It is not always possible, but only if several conditions are met:

  • mutual consent of both spouses;
  • absence of minor children;
  • independent decision on the issue of division of property;
  • one of the spouses was sentenced to more than 3 years;
  • divorce due to a missing spouse.

In cases where a change in marital status in the registry office is impossible, you must file a statement of claim in court. In addition to the failure to comply with the above points, you will have to apply to the magistrate if one of the spouses does not appear at the registry office to file an application for divorce.

It is important to remember that the divorce will be filed in any case, regardless of the consent of the second spouse... The process can be delayed under various circumstances, but in the end the husband and wife will still become officially free from the bonds of marriage.

Divorce procedure through the registry office and the court: spending time and money

A divorce through the registry office takes much less time and effort than an appeal to justices of the peace. Often the problem is that the possibility of divorce in the authorities where it was registered is not allowed by law.

According to the laws of the Russian Federation, if you want to dissolve the marriage, you must pay. Additional expenses may arise when the issue of the division of property cannot be resolved without the help of the court.

The amount of the state fee depends on the circumstances:

  1. With the mutual consent of the spouses, an application is submitted to the registry office, in this case, 650 rubles will have to be paid, according to data for 2016. The state duty is charged on both sides.
  2. Divorce in the registry office unilaterally provides for a payment of 350 rubles. Such a procedure is possible if one of the following conditions is met:
    • one spouse is in prison and sentenced to more than three years;
    • the partner is recognized as missing;
    • one of the parties is incapacitated, which is confirmed by a court decision.
  3. When filing a claim in court, the amount of the state duty will be 850 rubles. This fee is paid only for the very fact of filing a claim. After deciding on a divorce, it will be necessary to contact the registry office, where you will have to pay 850 rubles for the registration of all documents and a certificate. every spouse.

It is important to know that amendments to the legislation, according to which it will be necessary to pay a state duty in the amount of 30,000 rubles for the divorce proceedings, were not adopted. Accordingly, you will not have to incur any additional expenses other than the specified fees.

How many days are divorced after filing an application

After contacting the registry office for divorce, you can officially change your marital status in a month. This requires the fulfillment of certain conditions, which are described above. With correct filling of all required documents and a timely appearance at the registry office, 31 days after the submission of the application, the spouses can receive their certificates confirming freedom from marriage.

In case of divorce through a court, the terms completely depend on the following conditions:

  • consent of both parties to divorce;
  • the presence of disputes concerning common children;
  • controversial points considered by the court separately.

The minimum period provided for the official termination of the relationship is 1 month. In the most difficult situations, the procedure can take up to 4 months. Even after the decision on divorce is made, one of the parties can file an appeal (disagreement with the decision), after which the process will be resumed.

How long can a divorce take through court, options

As stated earlier, a court divorce can take from 1 to 4 months... After the filing of the claim, the date of the meeting is set, not earlier than 30 days from the date of the appeal. A month is given for reconciliation of the spouses, in which case the divorce case is closed.

It should be borne in mind that the period given for reconciliation of spouses, can be extended up to 3 months in cases where one party is against divorce.

There are several options for divorce through court:

  1. Both spouses did not appear at the hearing. In this case, a decision is made to terminate the process due to reconciliation.
  2. One of the spouses is absent from the trial. In this case, an additional period for reconciliation is provided. Additional time is determined by the judge, if the absence occurs for serious reasons - the court is postponed to the date when both parties can be present. If there is an application for the consideration of the case without the presence of one of the parties, the consideration of the case is possible in absentia.
  3. Both spouses are present in the meeting room. In this case, the terms depend on whether the parents have determined themselves and whether property disputes have been resolved. If children's rights are not violated and property issues no, the claim is satisfied at the first meeting.

In case of disagreement between the parties, before dissolving the marriage, the court determines the place of residence of the children, the amount of their maintenance, decides the issue of. Only after all the questions have been clarified, a decision is made to terminate the marriage. Spouses are considered officially free from marital ties from the moment the claim is satisfied.

What needs to be done for a quick divorce through court

If it is impossible to live together, most couples want to divorce as soon as possible. Even if there is an urgent need to dissolve the marriage, any reduction due date illegal. To divorce in the registry office instead of the court is also a violation of the law, in this case the procedure will be considered invalid and the spouses will have to repeat the procedure again.

In order for the court to make a positive decision on the claim in a short time, several conditions must be met:

  1. Convince the spouse of the need to formally end the relationship. If one side is categorically against, they can give up to 3 months, which will significantly delay the whole process.
  2. Make an agreement about who the child will live with and about the procedure for communication of the minor with both parents. The consent should be certified by a notary and presented to the judge to prevent unnecessary questions.

It should be remembered that an independent agreement on the division of children will not only speed up the divorce process, but will also avoid psychological trauma in the child. To resolve this issue in court, the child will need to talk with psychologists and conduct various examinations that negatively affect his nervous system.

  1. Decide in advance about the division of property. If the court is engaged in this, the process may be delayed. In cases where it is necessary to share a lot of jointly acquired, meetings can last more than six months.

Fulfillment of these conditions will allow us to settle all formalities in the shortest possible time, provided by law.

When a quick divorce is impossible

In some situations, it is not possible to get a divorce quickly. This concerns filing an application for divorce by a spouse during the wife's pregnancy... Any reasons that caused the husband's desire to dissolve the marriage will not be taken into account and he will be refused to accept the application, in accordance with Article 17 of the Family Code of the Russian Federation.

Moreover, he will not be able to file a claim even after the birth of the baby, until he reaches the age of 12 months. This situation is the only obstacle to divorce.

Cases when there are doubts about paternity or it is known for certain that the spouse has nothing to do with the child the wife is carrying are no exception. In this situation, he also will not be able to file for divorce until the baby is one year old. Officially, the relationship can only be terminated with mutual consent to divorce.

How to quickly divorce your husband if you are pregnant

It is possible in two cases:

  • the initiator is the wife;
  • the initiator is the husband, but there is a certified consent from the wife.

In the case when there are no common children in the family yet and both agree to end the relationship, an application can be submitted to the registry office and a month later you can receive documents confirming freedom from marriage. If you already have minor children or your spouse is categorically against divorce, you will have to file a claim in court.

It is worth remembering that, despite the possibility of divorce during pregnancy, the father of a child born within 300 days of the official termination of the relationship will be considered ex-husband... An exception is the situation when the mother indicates another man in the documents and former spouse not against.

The process of divorce during pregnancy is the same as usual. Simultaneously with a claim for divorce, a woman can file a claim for alimony. This right remains with her for the entire period of pregnancy and for 3 years after childbirth. The expectant mother is obliged to justify the indicated amount for her maintenance to the court. After the birth of the baby, you should immediately apply for alimony, which will be paid until the child reaches the age of majority.

If a woman decides to file a lawsuit at the end of pregnancy, it should be remembered that the process can be delayed and you may not have time to get freedom from marriage before the baby is born.

How quickly can you get a divorce by mutual consent

Divorce by mutual consent requires much less time and nerves. When the husband and wife decide that they can no longer live together and should formally end the relationship, an application for divorce should be filed.

  1. To the registry office in the absence of property disputes and minor children.
  2. To court - in all other cases.

It should be remembered that even with mutual consent, the absence of property disputes and an independent decision on accommodation and payments for children, it will not work to divorce at the registry office if the children are under 18 years old.

So that the court does not postpone the session, it is necessary to attach all documents at once to the claim, confirming mutual consent and the absence of controversial issues:

  • agreement on the accommodation and maintenance of children;
  • application for an independent division of property.

In addition, it is necessary for both parties to appear at the meeting in a timely manner, so that the judge does not have any thoughts about reconciliation and disagreement of one of the parties. The judge can satisfy the claim already at the first session, provided that both spouses have expressed their consent to the divorce and the rights of the children are not violated.

Is it possible to shorten the divorce period through the registry office

The minimum period for divorce at the registry office is 1 month... Earlier, divorce will not work, regardless of the circumstances. This period is necessary for the spouses to consider their decision if the application was submitted in a fit of anger and anger. Often during this month, one of the spouses comes for a statement - there is no need for a divorce.

If the registry office employees or third parties offer to file a divorce in a shorter period of time, you should know that these are scammers. Even if a certificate is issued, such a decision can be easily challenged and it will not be valid. Accordingly, subsequent marriages are null and void and all property is still in common.

Will a marriage lawyer help you get a divorce faster, how much will it cost

When resorting to the help of a marriage lawyer, one should not hope that the time frame for the process will decrease. Rather, it is necessary in order not to waste your time visiting the court and collecting all the necessary documents. Although the terms do not decrease, they will not be delayed, the reason for this is the accurate and competent execution of all the necessary documents, a clear statement of the client's requirements and wishes in court, the absence of emotion.

As a rule, the cost of the services of a marriage lawyer includes a range of services that allows you to accompany the client during the entire divorce process, from filing an application to obtaining a divorce certificate. The main services provided by a lawyer:

  • drawing up statement of claim, assistance in preparing the necessary documents for submission to the court;
  • payment;
  • representation and protection of the client's interests at all meetings. In some cases, each is paid, but more often, the total cost of services includes attending as many meetings as necessary to satisfy the claim;
  • relieving the client of the need to personally attend the court;
  • timely transmission of information on the results of each meeting;
  • receipt and transfer of all divorce documents to the client.

It is reasonable to use the services of a marriage lawyer when there is no time for courts or a bad relationship with a spouse and there is no desire to see him. The cost of marriage lawyer services differs depending on many reasons:

  • private lawyer or law firm;
  • region of residence;
  • the complexity of the process.

The range of prices for the service is from 15 to 50 thousand rubles, while the minimum cost includes the collection of documents and attendance at meetings, subject to the consent of both spouses and the absence of disagreements.

As a rule, the resolution of property disputes is paid additionally. Despite the high cost of services, the absence of the need to go to court and draw up additional claims will make life much easier and help to avoid prolonged nervous tension.

Question answer

Below are the answers to the most common questions.

Which court should I go to to file a claim?

Answer: to file a claim for divorce and pay alimony for the maintenance of minor children, as well as to resolve controversial issues about the division of property, worth less than 50 thousand rubles, you must contact the justices of the peace. According to the law, an application must be submitted at the place of residence of the defendant, with the exception of a situation when the plaintiff is unable to arrive at his place of residence for the following reasons:

  • health condition does not allow leaving your area;
  • the presence of a minor child living with the plaintiff.

Disputes about the division of property, the cost of which exceeds 50 thousand rubles, are resolved in district court, as well as questions regarding the residence of children.

At what point is a marriage officially dissolved?

Answer: on the day when the court's decision to satisfy the divorce claim comes into force, the person becomes free from marriage bonds. It should be remembered that until you receive a certificate of divorce, it will not work to formalize a new relationship.

What about the division of property registered for a child?

Answer: the property of a third party (even if it is a minor child of the spouses) is not subject to division. It remains with the child, the right to use the property belongs to the legal representative of the baby (the parent with whom the child remains after the divorce).

Video consultation

Irina Makedonskaya talks in great detail about the divorce procedure through the registry office.