We often hear that life resembles the proverbial zebra crossing, or the transition from dark stripe to light, and also, unfortunately, vice versa. Even optimists, believing that everything that is done is for the better, agree that numerous trials await us in life. One of them, which firmly ranks first in terms of the strength of the stress impact on the body and occurs so often that it is constantly talked about at alumni meetings, and at anniversaries, among toasts and congratulations, and even at grandmothers’ gatherings at the entrance, and will go speech.

We will talk about divorce, and we will dwell in particular detail on the case when the dissolution of a marriage occurs in judicial procedure.

First of all, let us remind you that, as in any situation, in a divorce there are both disadvantages and, oddly enough, advantages, even if at the beginning, amid the feeling of a world collapsing nearby, they are not so easy to discern. There are a lot of tips and recommendations on relevant topics devoted to this, but we will talk about how, under the influence of emotions, not to miss any of the important points and not to give yourself the opportunity to subsequently regret for many years: “If only I had only then...”.

When is it possible to get a divorce through the registry office?

Property disputes. Availability mutual consent for divorce and desire to come together to the registry office for a divorce. In other cases, divorce is carried out in court.

So, take a deep breath, get comfortable (cup aromatic coffee with airy foam will be very useful), and we begin to analyze the situation. Let's assume that staying married will cause more negative consequences than its termination, and the best way out It will be up to you to begin the divorce process. Don’t be scared by the loud name; from the very beginning you will be presented with two options for resolving the issue. The first of them is the simplest and fastest in terms of time and implementation of divorce through the registry office. You and your spouse will only need to pay the fee, submit an application and pick up the documents in a month. It's very simple. To check if this is possible in your case, it’s easy to just answer “yes” to all the questions below:

• You do not have any minor children together;
• You and your spouse agree to the divorce;
• You both agree to come to the registry office for a divorce (alas, situations of evasion are also not uncommon);
• You have no property disputes.

Unfortunately, if the spouses disagree, the interests of each will have to be taken into account through the courts; Your spouse has not been declared legally incompetent. If you answered “no” to at least one of the above questions, then we have no other choice but to proceed with the divorce through the court. The most important thing in this case is not to “break the woods” under the influence of emotions, but to prepare more or less calmly, as far as is generally possible in such a situation, for a divorce in court.

Let's go to court

The very first thing you need to do is to get the “judicial machine” to spin, that is, to file an application.

Be sure to pay attention to whether it is assigned registration number. If this does not happen, then we look for reasons, among which the most common are the following:

• the court considered that the marriage could be dissolved in the registry office;
• insufficient or incomplete package of documents,
• inaccuracies in documents.

File a claim in accordance with the list and sample documents presented in court, contact the judge’s assistants for any unclear points, or consult our specialists.

What to do after submitting documents?

So, we continue to file, the registration number has been assigned, and the legal dissolution of the marriage has begun. Of course, no one wants to “dig into dirty laundry,” however, in some cases the court may need grounds to declare that the marriage can no longer exist. This could be a doctor’s certificate recognizing addiction (drug or alcohol) or evidence of a spouse’s incapacity. You may have to include testimony from your neighbors. Also, do not forget that the defendant can (and most likely will) do the same.

If there are children?

Let us separately consider a situation that has many nuances: the case when you have minor children with whom kinship has been established (sorry for the legal wording, but sometimes, if there are doubts, the spouse files a lawsuit to challenge paternity and, on the basis of it, genetic examination). What are its features?

Firstly, if the former spouses do not have agreement about their son or daughter on any issues, the divorce case in this case will be considered not by the magistrates’ court, but by the district court, since the rights of the child are affected;

Secondly, you will definitely need to indicate which parent the child will live with after the divorce, as well as (if any) the wishes of one party regarding alimony payments and/or disagreement with them by another;

Thirdly, after a divorce in court, it will be impossible to raise a child together, despite the fact that the rights and obligations of the former spouses in relation to him remain.

In the framework of a short article, we do not have the opportunity to consider all the features and nuances of divorce in court in the case of minor children and, especially, if the former spouses do not reach agreement on related issues. In this case, the court has the right to request additional documents and/or witness testimony deemed necessary. Since the issue is extremely serious, we recommend that you seek advice in advance from specialists who will draw your attention to the pitfalls of your case and help, for example, in preparing an argument in favor of why the child should stay with you. Again, be prepared for ex-spouses(especially under the influence of grandparents) cannot agree among themselves, and the court schedules repeated court hearings.

There is jointly acquired property

A separate issue, which is the subject of long and not always censored discussions between the parties, accusations of each other (what our lawyers will not hear in the courts!), loud quarrels and painful clarification of relations by the whole family, is the issue of the division of jointly acquired property. The main thing that should be GENERALLY remembered when judicial section property:

All property acquired in an officially registered marriage, except for personal property, is subject to division upon divorce in court.

During a divorce, not only property, but also obligations are divided between former spouses, that is, for example, a loan for a car purchased during marriage will be equally divided between the spouses, even if one of them did not actually use it;

Possible various options actions with an apartment with a mortgage. For example, you can re-register the contract for one of the spouses with compensation to the second for the amount already paid, you can pay off the mortgage, sell the apartment and divide the amount, and, of course, you can simply continue making payments according to the established shares.

Please note that there are many caveats and exceptions. For example, most people know that property inherited during marriage is considered personal and is not subject to division. But there are also legally established standards that the results of intellectual property also belong to personal property, that is, for example, the court is unlikely to divide royalties from a book or film that your spouse published. What can you do here? We strongly recommend that you draw up a list of property in ADVANCE for which you are willing to claim a share (by the way, it will probably also have to be appraised).

If you are afraid that your former “half” will sell jointly acquired property in order to avoid its division, then you have the right to seize it until the court decision is executed.

Conclusion

In any case, remember that undocumented emotions, no matter how righteous anger they may be caused, are not evidence for the court. And the judges constantly hear stories like: “I tell him... and he is so-and-so...!!!” Maybe they will be listened to, but they will definitely not be taken into account in your favor. If possible, it is preferable to entrust a lawyer to bring arguments to court.

As a summary, we note that, as a rule, divorce in court is one of those things that is extremely undesirable to “leave to chance” and on which it is better not to skimp. Of course, the law provides for a period for challenging a court decision, but it is much simpler, more effective and reliable to consult with a knowledgeable specialist in advance to prepare everything potentially necessary documents than to do it in a “fire” order. Alas, hopes for the “decency” of the opposite side often remain only hopes, and a decision made by the court that is not in your favor will be mandatory, regardless of whether we agree with it or not.

Here we come to the most interesting part in the matter of divorce. I mean that a divorce in the registry office can only be preferable for spouses. In what way? Let's say they have a chance to save their time and money, as well as reduce communication with each other to a minimum. I, as a lawyer, do not take any part in this procedure, which is why it is not interesting to me.

But what I’m definitely interested in is divorce in court. I am already directly involved in this procedure. This is exactly what we will talk to you about today.

First of all, I note that all those who were unable to fit into the narrow framework of requirements set for divorce in the registry office file for divorce. But there are some nuances here too. It turns out, and perhaps now you are learning about this for the first time, there are cases in which the husband cannot file for divorce first.

Look, the spouse has the right to apply to the court for divorce at any time. She is not limited by anything. This is a fact. But the spouse, who is also the husband, does not have the right to apply to the court for divorce without the consent of his wife in two cases:

1. If his wife is pregnant at the time of filing the application, and
2. If a child was born in the family, and at the time of submitting the application to the court, he was under 1 year old.

Well, everything is correct. The law does not allow a “scoundrel” to leave his wife who is in a “difficult” situation. By the way, it’s not for nothing that I put the scoundrel in quotation marks. Situations in families can be very different, and sometimes it is very difficult to determine which spouse is the “scoundrel.”

And, I think, it is clear that if the spouse agrees to divorce, these restrictions do not apply to the husband, and the judge considers the case according to the general rules of civil proceedings.

Now let's summarize the grounds for filing a divorce petition in court.

• The court dissolves a marriage in cases where the spouses have common minor children.
• The court dissolves the marriage if one of the spouses objects to its dissolution.
• If one of the spouses does not seem to refuse to dissolve the marriage, but at the same time, in every possible way prevents its dissolution in the registry office (for example, does not appear there or does not sign the application).

I will tell you about the procedure for filing an application in court, what documents need to be attached to it and the procedure for divorce in court itself in a separate article. I don’t want to create a mess in your heads from excess new information. For now, I suggest continuing to study at least important issues, such as:

Can a court dissolve a marriage if one of the spouses objects?

The answer is yes. Here we need to understand several important points. The court dissolves the marriage in the event that it is determined that further life together for the spouses is impossible, and maintaining such a family is not advisable. Don’t worry, even if the other spouse objects, the court will not force you to continue living with this person.

However, the court has the right to take measures for possible reconciliation of the spouses. For these purposes, he has the right to postpone the consideration of the divorce case and provide the spouses additional term for reconciliation, lasting up to 3 months. Yes, such a turn of events can significantly prolong the consideration of the divorce case. But there is also positive side. If, after the expiration of the reconciliation period, one of the spouses continues to insist on divorce, the court is obliged to satisfy this demand.

What does the court do if both spouses agree to divorce?

For the court, this situation is the most preferable. If both spouses do not object to the divorce, the court will not even find out the circumstances that prompted them to file for divorce. The main thing is that these spouses do not have other disputes, for example, regarding the place of residence of their common children.

If no disputes arise between the spouses during the court's consideration of the case, the court has the right to satisfy the request for divorce after 1 month from the date of filing the divorce petition.

By the way, about controversy. I did not tell you what disputes may arise during the divorce process, and what issues the court must clarify before making its decision.

And there are actually several such questions, and all of them, from a certain angle, do not seem so simple. I will list them with small comments.

When considering a divorce case, the duties of the court include:

• finding out which parent their joint children will live with after the divorce. Naturally, we're talking about exclusively about minor children. The need to clarify this circumstance is connected, first of all, with protecting the interests of children, who must be provided with adequate living space.
• determining which parent will pay child support, as well as the amount of this support. If the child remains to live with the mother, she has the right to recover alimony from her husband for her maintenance. This issue is also subject to clarification by the court. I will dwell on this point in more detail, but in one of next articles. Don't miss out and subscribe to receive notifications about new articles on my blog.
• find out whether there is a dispute between the spouses about the division of joint property, and if there is such a dispute, the court must divide it. As a rule, if there is a dispute about the division of property, such requirements are initially indicated in the statement of claim. Therefore, this will not be a surprise for the court. Again, the division of property is too complex a topic not to be given a separate article. Expect it soon.

Here, here, regarding all these circumstances, there is one important point. Spouses can avoid all these disputes, as well as make the work of the court easier, if in advance, before the first court hearing, they prepare and sign among themselves:

• an agreement on which of them the minor children will live with,
• agreement on the payment of alimony
• agreement on the division of the common property of the spouses.

I will also talk about these agreements in upcoming articles.

When a marriage dissolved by the court is considered terminated

The moment of termination of marriage is not difficult to determine - this is the date of entry into legal force court decisions. If you remember, the court decision comes into force after 30 days from the date of its production in final form. But getting a court decision is not all. The fact is that the registration of marriages, divorces, and so on, is carried out by the registry office. I've already talked about this. So, a divorce recorded in court must also be registered by the registry office.

To do this, both spouses must go to court after the decision has entered into force and obtain extracts from the decision. Each spouse must submit these extracts to the registry office that registered the marriage, and in return receive a Divorce Certificate. Each spouse receives their own certificate.

Of course, the duties of the court include sending extracts from decisions to the registry office. But in order to save your time and be guaranteed to receive your divorce certificate, I still recommend carrying out this procedure yourself.

Otherwise, until you receive a certificate of divorce from your old marriage, you will not be able to register a new one. I understand that for many couples this will not be a decisive factor. But what if you are the one who is getting divorced in order to create a new family? Who knows.

This is where I end. In the following articles you will learn many interesting details about judicial divorce. So don't miss out and subscribe to our newsletter for updates. email. The subscription link is located just below the article.

Grounds and procedure for divorce

Divorce of marriage - the onset of legal issues, provided by law, termination family legal relations. Legal act regulating family relationships, is the Family Code of the Russian Federation.

The RF IC provides for two divorce procedures: judicial and administrative.

In accordance with Article 16 of the Family Code of the Russian Federation, there are grounds for divorce:

• the death of one of the spouses or the court declaring one of the spouses dead;
• application of one of the spouses, application of the guardian of the spouse whom the court has declared incompetent.

The administrative procedure for registering a divorce is carried out in the registry office. The registry office dissolves a marriage in cases of mutual consent of the spouses, the absence of common minor children, at the request of one of the spouses, if the other spouse is recognized by the court as missing, incompetent, or sentenced to a term of more than 3 years.

Divorce cases are considered in court in the following cases: the presence of common minor children, disagreement to divorce by one of the parties. When considering a case where one of the spouses does not agree to divorce, the court has the right to make a decision, refuse to satisfy the claim, or postpone the proceedings for up to 3 months. In court proceedings for the divorce of spouses who have common children, the court makes a decision without clarifying the motives.

Mutual consent of spouses for divorce in the registry office civil status is issued in in writing. You can make one joint statement or 2 separate statements. A spouse who does not appear at the registry office to submit an application must have his signature on the application notarized.

The statutory period is 1 month, after which the state registration divorce and a certificate is issued. During this month, the application can be withdrawn. If the application is not withdrawn, you must come to the registry office with a passport, in which they will put a mark on the divorce and issue a certificate.

The basis for divorce is also the desire of one of the spouses if the court has declared the other missing, incompetent, or convicted. The recognition of a spouse as missing or incompetent occurs exclusively in court. If there is a court verdict on imprisonment for a term of more than 3 years, one of the spouses is given the right to divorce the marriage in a simplified manner.

Article 20 of the RF IC provides that all disputes related to the division of property and the maintenance of children of a disabled spouse are considered in court.

Grounds for divorce in court:

• presence of common minor children;
• disagreement with the divorce of one of the spouses;
• avoidance of divorce

The court dissolves the union if it is determined that living together is impossible. Submitted to court statement of claim. The person who filed the application is the plaintiff. The husband does not have the right to file a lawsuit without the consent of his wife during pregnancy and within a year after the birth of the child.

A claim for divorce, the procedure for drawing up. The claim must include:

• the name of the court or magistrate's station in which the claim is filed;
• name of the plaintiff, place of residence or representative;
• name of the defendant, place of residence;
• grounds for divorce;
• requirements, circumstances, confirmation of circumstances;
• reasons for the impossibility of divorce through the registry office;
• list of attached documents.

The application must also indicate the following information: place and date of marriage registration, presence of children and their age, whether there are agreements regarding child support, motives, information related to the case.

Documents required for the court:

• marriage certificate (original);
• children's birth certificate;
• receipt of payment of state duty;
• statement of claim;
• certificate of residence;
• petitions, statements to the plaintiff, inventory of property.

The court must take measures to protect the rights and interests of minor children. There are responsibilities of parents to minor children. Agreements between parents regarding the upbringing and maintenance of joint children are recorded in the court record. The protocol must be signed by the parties.

A characteristic feature of divorce cases is the reconciliation of spouses, the preservation of families in which there are minor children.

If no agreement is reached between the parents, the case is transferred from the magistrate to a court of general jurisdiction. The court considers two main aspects: material and psychological.

Material determines the place of residence of children, the amount and procedure for paying alimony. The psychological decides the question of who the child should stay with after a divorce - with the father or with the mother. Very often, children become the object of speculation by their parents in order to gain advantages in the distribution of material wealth.

Stages of divorce proceedings

Article 39 of the Family Code provides for the right under which the court may deviate from the rule of equal shares in the interests of dependents. At the stage of preparing the case for trial, the judge determines the circle of persons participating in the case; clarifies claims and objections; establishes the facts relevant to the case; requires the necessary documents.

Divorce cases are carried out by the court no earlier than 1 month from the date of filing the application. Divorce proceedings are considered in open sessions. The Civil Code provides for the possibility of considering a case behind closed doors in order to preserve intimate information.

Children who have reached the age of 10 years have the right to express their opinion regarding their interests, this can be heard during trial. The child’s opinion must be taken into account if it does not contradict his interests.

When dividing property, the main thing is to determine what property is subject to division. It is important to determine the legal regime of marital property. There are two modes: legal and contractual. At contractual regime The spouses entered into a marriage contract, under which the property is divided into separate and shared parts.

IN marriage contract the right to support a disabled spouse or wife during pregnancy cannot be limited, maternity leave, a needy spouse, if he is caring for a child disabled from childhood, group 1. IN marriage contract conditions cannot be provided that contradict family law and infringe the rights of one of the parties.

If an agreement has not been concluded, the property is divided according to the general rule of jointly acquired property during the union. Jointly acquired property can be divided into personal and common. TO joint property includes movable and real estate; income of the husband and wife from labor, entrepreneurial, and intellectual activities; pensions, benefits, payments that do not have a special purpose. Personal items are not shared. Luxury items, if not given as gifts, will need to be divided.

If an object or thing cannot be divided, consider the following options:

• transfer the object to one of the spouses, and the second pays compensation;
• sell property, divide the funds received;
• allocate shares and allow everyone to use their part.

During a divorce, when drawing up issues regarding the division of property, you should take into account limitation period. The law establishes a period of 3 years from the date of official divorce.

State registration of divorce

Article 25 of the RF IC provides that a marriage is considered dissolved from the moment of registration in the civil registration book. Marriages dissolved by court are terminated from the moment the court decision enters into legal force. The court is obliged to send an extract from the court decision to the registry office at the place of registration of the marriage within 3 days. Spouses cannot enter into another marriage before receiving.

Divorce is a legal act that terminates the rights and obligations between spouses. The Family Code does not address the reasons for divorce, but provides the grounds and procedure for terminating a marriage when one of the parties has objections.

When starting a family, newly-made spouses hope that it will be forever. However, sometimes, unfortunately, living together does not bring happiness and spouses have to go through such an ordeal as divorce. It’s good if everything is limited to a joint trip to the registry office. But there are reasons on the basis of which divorce is possible only in court. In what cases will you have to go to court?

Divorce in court according to the laws of the Russian Federation

Usually, in order to terminate their family relationship, spouses only need to contact the civil registry office with a corresponding application. But in some cases this procedure, which already takes a lot moral forces, is complicated by litigation.

Divorce in court is carried out if the court determines that further life together of the spouses and the preservation of the family is impossible.

Grounds for divorce in court according to the Family Code (RF IC)

The Family Code of the Russian Federation insists on divorce in court if:

• spouses have common children who have not reached the age of majority;
• one of the spouses does not object, but does not apply to the registry office for divorce;
• one of the spouses does not agree to divorce;
• Together with the divorce, the division of jointly acquired property is carried out.

The grounds for divorce through the court are described in Family Code RF

Children's rights

When spouses wishing to end their marriage have small children, the court must first take care of their interests. In this case, the court does not understand the reasons that prompted the spouses to divorce, but only determines the position of the children in this new situation. Unfortunately, it often happens that parents cannot independently agree on who the children will live with and who will pay child support. Or the court may find that agreement reached violates the rights of minor citizens (for example, a wife, in a fit of anger, refuses alimony, saying that we don’t need anything from him, and the husband shrugs his shoulders - no, no, no). Then the judge offers options for solving the problem, and if an agreement cannot be reached, he determines the order of child support at his own discretion.

By the way, the court is guided by the same rules in relation to a disabled spouse.

When a husband cannot file for divorce from his wife

The legislation identifies cases where the rights of the child are protected in a special way. If the wife is pregnant (as confirmed by a certificate) or has recently given birth, only she can initiate the divorce.

The husband does not have the right to initiate proceedings for divorce without the consent of his wife during his wife’s pregnancy and within a year after the birth of the child.

RF IC Art. 17

During pregnancy, only the wife can initiate divorce

What to do if your spouse is absent

It also happens that spouses understand that their marriage actually no longer exists, and both agree to a divorce, but one of them stubbornly sabotages the trip to the registry office. The reasons may be different - excessive employment, health conditions or simple harmfulness. In this case, there is only one way out - going to court. The fact is that the registry office does not have the right to register a divorce at the request of only one of the spouses (except for cases where the second is declared incompetent or missing).

What to do if your spouse does not want to divorce voluntarily

The most difficult thing is when the husband or wife categorically objects to the dissolution of the marriage. In this case, the plaintiff is forced to set out in court the circumstances that led to the termination of the marriage relationship, and this is always difficult and unpleasant. The court makes attempts to reconcile the spouses and has the power to postpone the decision for up to three months. If, after this period, the spouses have not been able to restore their relationship and the plaintiff still insists on divorce, then the court grants the claim.

Conditions for divorce with division of property

The division of property in divorce proceedings deserves special attention. If the spouses could not come to an agreement on how to divide their jointly acquired property, then the court will help them sort out this issue. The case may be considered together with the divorce or separated into separate proceedings. The amount of state duty directly depends on the value of the property.

Typically, jointly acquired property is divided in half

Pre-trial preparation for divorce

Before starting the divorce process, you need to decide on the following questions:

1. Which court deals with divorce? You can find out in which court to get a divorce based on the principle of jurisdiction of the cases.
2. What will be the issues resolved by the court upon divorce? Will it be necessary to divide property, determine the place of residence of children and require alimony?
3. What to discuss when divorcing your spouse? Should he notify him in advance about filing a lawsuit?
4. What documents will be required?

How is the jurisdiction of cases determined, in which cases to file a claim with a magistrate, and when with a district court

A statement of claim is submitted to the magistrate when the spouses have no disagreements regarding the upbringing, maintenance and residence of children and do not make property claims to each other in excess of fifty thousand rubles. All others divorce proceedings are considered in the district court.

The claim is sent to the court at the place of residence of the defendant, but in some cases it is permissible to file an application at the place of residence of the plaintiff. Good reasons in this case would be a serious health condition or living with the plaintiff of young children. But a busy work schedule will not be taken into account, since the employer is obliged to release the employee on summons as many times as necessary.

Video: where to apply for divorce

Statement of claim: rules for drafting and sample

General requirements apply to the form of a statement of claim for divorce. Contents of the document:

• header: name of the court where the claim is sent, passport details and actual place of residence of the plaintiff and defendant;
• place and date of marriage;
• in fact, a statement: the reasons and circumstances (clearly, completely, but without emotional overtones) that led to the divorce;
• formulation of the plaintiff's demands;
• list of attached documents;
• date, signature.

Sample statement of claim for divorce

What documents are needed

When preparing for a trial, you should be careful, since the court has the right to return a package of documents if it turns out to be incomplete or incorrectly completed. The Civil Procedure Code of the Russian Federation in Article 132 lists the documents that must be attached when filing a claim:

• a copy of the statement of claim;
• document confirming payment state duty(receipt);
• documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents (for example, an extract from the house register confirming that the spouses live separately);
• calculation of the amount of money being recovered or disputed, signed by the plaintiff, with copies;
• marriage certificate (original and two copies);
• birth certificates of children (originals and two copies).

An extract from the house register can serve as evidence separation spouses

The plaintiff has the right not to be limited only by the requirements of the Procedural Code and may add to his application other documents that he considers necessary to prove his position.

The statement of claim, submitted by filling out a form posted on the official website of the court, containing a request to secure the claim, is signed by an enhanced qualified electronic signature in the manner established by the legislation of the Russian Federation.

Stages, procedure and features of the divorce process

There is a standard procedure for divorce through the court, determined by law. In some cases, deviations and exceptions are provided.

How the trial goes: procedure and timing

The trial takes place in two stages. After the court has accepted the statement of claim, a preliminary hearing is scheduled (no earlier than a month later), at which the judge gets acquainted with the materials, assesses the degree of their readiness for consideration and invites the parties to reconcile out of court. Only after this will it be the turn of the main meeting, where the case will be examined on its merits. There is usually at least two weeks between the preliminary and main hearings. The trial may drag on for several sessions. The court postpones consideration of the case in cases where one of the participants fails to appear or when new circumstances arise that require additional fee evidence.

At the trial, each party has the right to speak

At the beginning of the main hearing, the court explains to the parties their rights and obligations within the framework of the consideration of the case and examines the requests submitted by the parties (until a decision is made, any of the participants in the process has the right to submit new or change their already stated demands).

Next, the judge gives the floor to the parties: listens to the plaintiff’s demands, the defendant’s position, and examines the evidence. The last part of the meeting is called the “debate of the parties” - the final word of the plaintiff and defendant, in which they once again briefly formulate their position on the case.

What questions does the judge ask and what to say in response?

Typically, at a court hearing for divorcing spouses, the judge asks:

• whether both parties agree to divorce;
• do the spouses consider further life together impossible and why;
• is reconciliation possible and under what conditions;
• how long the couple lived together and whether they live now;
• where the former spouses will live;
• whether the defendant agrees with the claims;

If there are children together, they will ask about their future place of residence, child support and the procedure for communicating with the parent who will live separately. When property is divided, the judge will be interested in everything connected with it: cost, terms of purchase and use, etc.

You must answer essentially, truthfully and reasonably. Emotional behavior, attempts to interrupt the judge or the opposing party, and avoidance of answering essential questions are highly discouraged.

While the judge is studying documents or speaking, it is better to wait until he himself asks the question

In court, this is exactly what should be said - as it is! Only without emotions, tears, screams. Even if the defendant is furious, sputtering and yelling that this is not so, you must be calm and restrained, then the court will lean in your direction. That’s what I say: I walked, drank, behaved inappropriately. That's it, I don't see myself with this person. This was enough to make a decision right at the first meeting. They didn't even listen to him.

nutka178

How to behave correctly at the first court hearing and convince the judge of the need for a divorce

You can speed up the procedure by mutual agreement spouses. If, to the judge’s first question, both answered that they agree to divorce, the decision is made immediately. But when one defendant is against, it will be necessary to provide evidence that living together is impossible. Compelling reasons would be:

• confirmation of long-term separate residence (extracts from the house register, the fact of changing registration, acquiring a residence permit in another country, etc.);
• having a relationship with another person and intending to marry him;
• rude, threatening and humiliating behavior of the spouse;
• alcohol, drug addiction of the husband (wife);
• other significant circumstances that make living together impossible.

It is advisable to confirm all this with documents and testimony.

The husband's aggressive behavior will serve good reason speed up the divorce

If you provide a reason - alcohol addiction, then they will divorce without special problems. That's what I indicated. My husband did not appear at the hearing, the judge told me that I would give him a month to think about it. I say that I won’t live with him anyway, since he drinks. She says: “okay, if so. Moreover, he did not show up for the meeting.” And that's it, they got divorced)

Olga

http://www.woman.ru/relations/marriage/thread/4069733/

How to delay a divorce in court

There are three possible ways defer the decision:

• not to appear at court hearings;
• put forward reasoned objections to divorce;
• ask for reconciliation between the parties.

If you refuse to go to court, the process can be delayed, but indefinitely. If the defendant ignores the summons three times and does not present valid reasons that prevented him from appearing at the hearing, then the divorce decision will be made in absentia, without him.

If the spouse cannot participate in the trial due to objective circumstances, it is enough for him to send a petition to the court to consider the case without him or to resort to the services of a representative.

What is a motion for reconciliation of the parties?

At the preliminary hearing, the spouses are asked if they agree to the divorce. If one of them is against, he will be asked to file a petition for a period for reconciliation of the parties.

Its text must indicate that the applicant considers saving the family possible, clarifies why and asks for a period for reconciliation - a maximum of 3 months.

At what point is a marriage considered dissolved?

After all the hearings, the court makes a decision. Only the operative, the most important part of it is disclosed to the parties, and the parties can receive the full text of the document five days after the end trial. But the court's decision does not yet have legal force. At this point, it is only necessary for the party that intends to appeal. You can receive a document marked to enter into legal force only thirty days from the date of the court’s decision. This time is allotted to file an appeal. Thus, total term The waiting period will be 35 days.

What does a court decision look like (example document)

The decision on divorce must contain the name of the court, the decree on the dissolution of the marriage, indicating under which article of the law it was carried out and information about its entry into force. The text is certified by the seal of the court and the signatures of the judge and secretary; the spouses do not sign on it. You can take the decision back in court.

The court decision is drawn up in a simple manner writing paper and is certified by a seal

Extract from the court decision: why is it needed and how long is it valid?

A court decision on divorce will be required, first of all, at the registry office. As a rule, it is not submitted in its entirety, but in the form of an extract. To do this, a separate application is written to the court office; you can get the certificate itself there. You can also order an extract by mail or online if you can’t come in person. The document has no validity period and is issued within a few days.

Where and when can I get a certificate of registration of divorce

Having copies of the decision or extract in hand, former spouses can contact the registry office to register the divorce. You can usually receive a divorce certificate a month after applying, but they stop marital relations at the moment the court decision comes into force. That is, if the decision on divorce was made by the court, say, on April 15, then the date of May 15 will appear on the divorce certificate, and it will be possible to receive this certificate no earlier than June.

The divorce certificate indicates that the divorce occurred by court decision

Reasons for refusal

The court cannot leave the marriage in force if one of the spouses categorically insists on his desire to divorce even after the expiration of the reconciliation period. Only a male plaintiff can be denied a divorce if his wife is pregnant or if the child born in the marriage is less than a year old.

Filing an appeal (appealing a divorce decision)

You can challenge the court's verdict within a month from the date of the decision. The text of the decision indicates to which court and until what time an appeal can be filed. However judicial practice indicates that the chances of a successful appeal are very low. The grounds can only be a violation of the procedure by the court or a decision in absentia when the spouse was absent from the trial good reason and can prove it.

If the spouses change their minds about getting a divorce, it is easier to remarry than to overturn the court verdict.

Is it possible to invalidate a divorce?

The divorce is declared invalid in court on a cassation appeal. The spouses will have to prove that the rules of law and legal proceedings were violated. Grounds for declaring a divorce invalid according to the Code of Civil Procedure of the Russian Federation:

• the court of first instance incorrectly determined the circumstances relevant to the case;
• the court of first instance was unable to prove circumstances relevant to the case;
• the conclusions of the court of first instance, set out in the court decision, do not correspond to the circumstances of the case;
• the court considered the case in an illegal composition;
  any of the participants in the case was absent and was not informed about the place and time of the court hearing;
• other rules of judicial proceedings were violated during the consideration of the case.

State duty

The state tax upon divorce is paid by both husband and wife. For 2017, the fee is 650 rubles for each divorcing spouse. It is noteworthy that if a marriage is dissolved through the registry office, the amount remains the same. The point is that these cash are used to cover costs associated with registering a divorce and issuing a divorce certificate.

State fees for divorce are paid by both spouses

Details for paying the state fee can be found at the reception desk or on the official website of the court that will consider the case.

Property division issues

As a rule, the division of property is carried out as part of the divorce process, but the court may separate it into a separate proceeding if the interests of third parties are affected (for example, the division of an apartment, part of which belongs to a relative of the plaintiff or defendant). Not only the plaintiff, but also the defendant can file a petition for separation, and this can be done at any time during the divorce proceedings.

Everyone knows that spouses have equal rights on jointly acquired property, regardless of what income each of them had. However, from this general rule The law provides for exceptions. If one of the spouses led an immoral lifestyle, abused alcohol, or intentionally damaged property, then his share can be significantly reduced. But the spouse with whom the children will live after the divorce has the right to an additional share of jointly acquired property.

Statute of limitations

The opinion that it is possible to file a claim for division of property no later than three years from the moment of divorce, - erroneously. The period of three years is counted from the moment they were violated property rights one of the former spouses.

Example: a year after the divorce, the husband sells the car purchased during marriage. It begins from the moment of sale three-year term, when the wife has the right to demand that half the cost of the car be paid to her.

Video: how divorce happens in court

The divorce procedure can hardly be called pleasant, however careful preparation and studying the issue will shorten the process and avoid many difficulties.