You want to dissolve your marriage and family relationship in a short time. You urgently need to conclude an important deal or need to go abroad in the near future. Or maybe even enter into a new marriage. What to do in such a situation?

In this article we will consider not only the procedural aspects of the divorce procedure, but also the possibilities to speed up the divorce as much as possible.

Divorce methods

Family law provides two ways to dissolve a marriage:

• Administrative (in the registry office);
• Judicial (in the magistrate's or district/city court).

Each of these methods can be used in appropriate circumstances, subject to certain conditions.

Divorce in the registry office

The civil registry office is a state body that deals not only with the registration of marriage and family relations, but also with their dissolution.

Divorce through the civil registry office is the fastest process for terminating marriage and family relations – in total 30 days.

To get a divorce through the registry office, the following conditions must be met:

• Lack of common adult children.
• Mutual consent to the divorce process.
• There is no dispute regarding the division of property.

Divorce through the registry office involves filing a joint (or unilateral - in special cases provided for in paragraph 2 of Article 22 of the RF IC) application for divorce by the spouses and a package of annexes to it. If spouses live in different cities, they can submit two separate applications, but the signatures on them must be notarized. Later 1 month After filing the application, the divorce procedure takes place and the divorce certificate is issued.

Divorce in court

If one of the spouses does not have consent to divorce, if there are children under eighteen years of age in the family, if a property dispute arises, it is necessary to go to court to dissolve the marriage.

To get a divorce through the court you will need:

• Prepare a statement of claim;
• Collect documents;
• Pay the filing fee;
• After 1 month - take part in the first and subsequent court hearings;
• Obtain a court decision on divorce;
• After the court decision comes into force, register the divorce with the registry office and obtain a certificate.

Compared to an administrative divorce, the duration of the judicial procedure is much longer. On average, a divorce process in court takes from 2 to 6 months.

How to quickly divorce your husband

What needs to be done to ensure that a divorce from your husband occurs as soon as possible, and does not drag on for several long months?

By mutual consent

The main condition for a quick divorce is mutual agreement between husband and wife. The fewer disputes and disagreements, the faster the divorce occurs.

If the husband does not object to his wife’s desire to dissolve the marriage, a divorce can be filed...

• in 1 month – at the registry office(if there are no joint children under 18 years of age. Property disputes between spouses are not an obstacle to administrative divorce, since they can be resolved in court before or after the dissolution of the marriage);

The duration of an administrative divorce can neither be accelerated nor delayed - it is exactly 30 days from the moment of filing the application until the registration procedure is carried out at the registry office, the date and place of which the spouses will be duly notified.

But if neither spouse appears at the divorce procedure, the divorce will not take place - the submitted application will be canceled, and the paid state fee will not be returned. True, the spouses can submit a new application the very next day, but they will again have to wait 30 days.

• in 2 months – in the magistrate's court(if there are children, but all issues regarding divorce, as well as the maintenance and upbringing of children are resolved by the parents peacefully and voluntarily).

If a husband and wife have children, they will have to divorce in court. But if there is mutual agreement and a willingness to compromise, the divorce process can be shortened as much as possible up to 2 months provided by law. To do this, you need: a well-drafted statement of claim that does not have to be redone, a full package of documents, not out of place among which would be a parental agreement on the maintenance and place of residence of the children.

Without a husband

If there is no consent from the husband to divorce, the divorce process becomes somewhat more complicated and, unfortunately, lengthens. First of all, because it will no longer be possible to quickly get a divorce through the registry office - you will have to go to court, preparing a competent statement of claim and collecting a package of supporting documents.

By the way, contrary to popular belief, the reluctance of one of the spouses to divorce is not a reason for forced preservation of the family. The court may take measures to reconcile the spouses, but if the decision to divorce remains adamant, the marriage will be dissolved.

How to speed up a divorce if the husband does not agree?

• Competently draw up a statement of claim, avoiding mistakes and inaccuracies that will lead to refusal to accept the claim or return the document to the plaintiff for amendments. Due to mistakes made, the divorce procedure can drag on for several days or weeks.
• The statement of claim must clearly present evidence that the spouses’ further life together and the preservation of the family is impossible. For example, witness statements, job descriptions, police reports, medical documents about bodily injuries. The goal is to convince the court that reconciliation is impossible, and living together is extremely undesirable, or even poses a threat to the life and health of the wife and/or children. This will help avoid the common practice of postponing the trial at the request of the defendant spouse for 1-3 months - for reconciliation with the plaintiff spouse;
• The agreements reached by the wife and husband on the division of property, place of residence of children, payment of alimony, consent to divorce should be notarized in advance. This will shorten the trial time and speed up the decision.

How to quickly get a divorce if the husband cannot or does not want to take part in the divorce process? The law allows for the possibility. All that needs to be done is to inform the court that you have received a copy of the claim and documents, that you are aware of the place and time of consideration of the case, and file a petition to consider the case without participation, attaching documents that confirm the impossibility of participation in court hearings. If the husband decides to boycott the divorce proceedings and does not attend court hearings without due warning, the court may rule on divorce in absentia, without his participation.

How to quickly divorce your wife

By her consent

The best way to quickly reach agreement on all possible controversial issues. Without disputes and claims, you can divorce your wife...

• at the registry office(if the spouses have not yet had time to have children or if the children are already adults) – for 1 month;
• in court(if, and regardless of whether “children’s” issues are resolved peacefully and voluntarily - about financial support, upbringing, choice of children’s place of residence, etc.) - in approximately 2-3 months.

As for disputes of a material nature (for example, about the division of joint property), they are not an obstacle to divorce through the registry office. If a wife and husband want to divorce, they can do it administratively, and divide their belongings in court, before or after the divorce.

If the wife agrees to dissolve the marriage, this may somewhat complicate the administrative and judicial process of divorce, but there are still ways to solve the problem:

• for divorce through the registry office- you can draw up not one general marital application, but two separate applications for divorce, and the signatures of the spouses must be notarized. In this case, the husband himself can submit an application and visit the registry office to carry out the registration procedure.
• for divorce through court– the claim will still have to be filed at the defendant’s place of residence, unless the parties agree on the choice of judicial authority, or unless the plaintiff exercises the right to file a claim at his own place of residence (due to illness or cohabitation with minor children). However, both the plaintiff and the defendant can ask the court to consider a divorce case without their direct participation in the court hearing, if there are good reasons for this. This will significantly simplify and speed up the process.

It is recommended to send all documents (claims, petitions, attachments to the claim, receipts or checks for payment of state fees) by registered mail with notification.

Without a wife

If so, you need to prepare for a trial. To do this, you need to prepare a statement of claim and collect the following documents:

• Document (cheque, receipt) of payment – ​​600 rubles;
• Spouses' passports;
• Marriage certificate;
• Birth certificate for children under 18 years of age;
• Documents on joint property, if it must be divided between spouses in divorce proceedings;
• Certificates of income, certified by the seal and signature of the manager, if the claim contains demands for the collection of alimony;
• Other documents: certificates, witness statements, characteristics of the place of work, etc.;
• Marital and/or parental agreements (on consent to divorce, on the division of property, on the maintenance of children and/or a disabled spouse), certified by a notary.

To speed up a divorce, lawyers advise resolving all controversial issues before the start of the divorce process, and if this is not possible, strive to reach a compromise during the trial. For example, enter into a written, notarized agreement about children, about the division of joint property. In addition, the law allows spouses to enter into a settlement agreement directly in court - if it does not contradict the law and violate the rights of the wife, husband, children and other persons, the court will approve it and give legal force to the court decision.

Divorce may be extended up to 5-6 months, depending on life circumstances such as...

• the presence of children, which forces the court, simultaneously with the divorce, to consider issues of place of residence, upbringing, and maintenance of children;
• existence of property disputes;
• absences from court hearings, both for valid reasons and without valid reasons, due to which the consideration of the case is postponed;
• living in different cities (or even lack of information about the place of residence of the second spouse), which requires sending documents and notifications;
• the second spouse’s persistent desire to save the family, which is why the court may delay the consideration of the case for 1-3 months.

There is no way to get a divorce quickly, or, and at the same time she is against divorce. The wife's consent to divorce in these circumstances is a mandatory condition that cannot be violated. The court will simply reject a claim filed in violation of this rule of law.

Example

Citizen Tomenko filed for divorce and division of a joint apartment, without indicating in the statement of claim that his wife was pregnant. At the court hearing, Tomenko’s wife presented a medical certificate confirming her pregnancy, declared her disagreement with the divorce, and also asked the court to dismiss her husband’s claim without satisfaction. Plaintiff Tomenko's claims were not satisfied.

How to quickly file a divorce if you have minor children

Can divorce be quick and painless if there is a child? Yes. It all depends on whether the spouses-parents are ready to seek a compromise in resolving issues relating to the future fate of their joint children.

If there is a minor child in the family, divorce is possible only in court, since the state, represented by the court, monitors the observance of children’s rights to a safe and comfortable place to live, full financial support, upbringing, and full development. It is preferable that the parents themselves reach an agreement on ...

• Where and with whom the child will live;
• Who will bear the costs of maintaining the child;
• Who will raise the child and how;
• What will be the regularity and order of meetings between parents and children;
• Other.

To speed up the divorce process, you need to indicate in the claim that disputes regarding children are resolved peacefully, and even better, attach a parental agreement to the claim, which will set out all the agreements reached by the parents. But even if it is not possible to reach an agreement before the start of the trial, the law allows the parent spouses to reach a truce in the trial and enter into a settlement agreement. If it does not violate the rights of children or parents, the court will approve it and give it the legal force of a binding judicial act.

If disputes about children between spouses and parents remain unresolved peacefully, the court will make a decision. And this will naturally affect the duration of the trial - it may be necessary to conduct a psychological or genetic examination, call witnesses, conduct a survey of living conditions at the place of residence of the father or mother, and other procedures.

Everyone has problems in the family. And they often end in divorce. Divorcing spouses do not always manage to behave correctly. In this situation, it should be remembered that during a divorce, the main thing is a competent approach. How to properly divorce your husband without nerves and unnecessary hassle? This can be done if you follow certain rules and tips.

According to statistics, every third marriage breaks up. Currently, this procedure does not take much effort and time, especially if the divorce occurs with the consent of both spouses who do not have children under 18 years of age.

It will be much more difficult if the family has young children and property that was acquired through joint labor, since not all separating spouses can divide the property correctly and without disputes.

According to statistics, divorces are usually initiated by women. Men, on the contrary, strive to preserve their family and life together. Children are usually the ones who suffer the most in divorces.

After all, they have seen their parents together since birth. For the child, the current situation is abnormal, because he cannot understand why mom and dad want to live separately.

In addition to this misunderstanding, the child suffers mentally, and most often the parents themselves are to blame for this. Adults can behave incorrectly: become offended and angry, involve children in insults, turn them against each other, limit communication.

These actions are contraindicated for a child. Therefore, the first thing to do during a divorce is to try to maintain a neutral relationship with your spouse if you cannot remain friends. If you want to know how to divorce your husband, remember the first rule: divorce should not separate children and father. Each situation is individual, but here it is important to know that the father has absolutely the same rights to the child as the mother.

Divorce documents

Once you are mentally prepared and calm, review the steps you need to take before starting the divorce process. If the spouses were unable to maintain a social unit, they only have to file the divorce correctly from a legal point of view.

First of all, you will need to prepare a set of necessary documents. In this situation, it is very important how long the marriage lasted and whether there are children in the family.

If the spouses lived together for a short time and did not have time to have children, then the divorce process will be extremely simple and require a minimum number of documents.

Spouses must provide to the registry office:

• civil passports;
• receipt of payment of state duty;
• marriage certificate;
• application for divorce.

Documents should be submitted to the registry office located at the place of residence of the spouses. IN in this case in 1 month the spouses will be divorced. It is important that the divorce occurs by mutual desire and without claims to property. If claims arise or one of the spouses refuses to dissolve the marriage, the initiator of the divorce will have to go to court, where he files a corresponding application. In this situation, divorce will be more difficult and will require time and effort.

Correct behavior during divorce

Keep your cool and behave with dignity. This is the main rule in divorce. After analyzing your life together, your emotional state, and everyday life, you can draw conclusions that further life with this person is impossible. You need to communicate your decision to your spouse calmly, without insults or reproaches. This is a very difficult decision, and it is difficult to talk about it, especially if people have accumulated a lot of grievances and problems. Divorce should be approached from a business point of view. This will help maintain human relationships after the divorce process.

To make your divorce easier, seek professional help. It will help you get out of the most unexpected situations, thanks to which you will avoid possible misunderstandings. The specialist will advise how to behave competently in each specific situation so as not to harm either spouse.

Do not let your children know about the details of the divorce procedure; it is better to discuss all the details while the child is away. The psyche of children at an early age is very fragile. All this can only harm your child. The best reason for divorce, which should be given to others, including children, would be “they don’t get along.”

Sometimes there are situations when spouses cannot be divorced, even if their length of marriage is minimal. A man will not be able to get a divorce if his wife is pregnant, no matter how long the pregnancy is. A husband will not be divorced from a wife who has one or more children under 1.5 years of age. This law is in force on the territory of the Russian Federation, and it is designed to protect the rights of mothers and children, including property rights. In this situation, the husband is obliged to support the family financially and be married to his wife, observing the family code with all the ensuing consequences, even if the man has good grounds for divorce.

Divorce procedure if there is a child

If the separating spouses have a joint, minor child or several children, then the divorce procedure will take place in court.

The initiator of the divorce must apply to the court, pay the state fee and provide a full set of documents that are required to begin the divorce case. List of required documents:

• a copy of the passport of the spouse initiating the divorce;
• marriage certificate;
• certificate or certified copy of the child’s birth certificate;
• receipt of payment of state duty;
• a completed application in the prescribed form.

The presented set of documents is suitable only in a situation where the initiator of the divorce process does not put forward any further demands on the ex-spouse. If the case concerns other additional court decisions, for example, the collection of alimony that will be used to support young children, then the initiator must attach other documents in addition to the application. These include a certificate confirming the financial status, as well as a certificate of family composition, proving that minor children live with one of the spouses.

Joint ownership

There are cases when the issue with children during a divorce is resolved peacefully, but at the same time the question of division of property arises. And it is not always possible for separating spouses to divide property without claims and disputes. If you have joint property, then you need to clearly understand what rights you have to it and what rights your spouse has. Only in this way will you understand what share of the property you can claim.

During the divorce process, the initiator of the divorce may demand the division of joint property between the spouses. In this case, he needs to collect additional documents. These include papers confirming the existence of property that is subject to division, as well as documents that indicate the value of the property.

If real estate or vehicles are subject to division, then you will need a certain list of title documents. If a spouse wants to share furniture or household appliances, then he will have to provide passports for all products and receipts that remain after their purchase. These documents should be attached to the statement of claim along with a detailed list of property that is subject to division between the divorcing spouses.

The set of documents will be incomplete if a copy of the statement of claim is not attached to it. Because the court must send a copy to the defendant. It is important to pay attention to the fact that during a divorce with division of property, the amount of state duty will be higher. Its size increases based on the total price of the things that the initiator of the divorce wants to award to himself.

The procedure for dividing property during divorce

You should know that all property acquired during marriage must be divided between the separating spouses in equal parts. In this case, it does not matter which of them invested more cash. Even if the spouse was on parental leave, receiving education or running a household, she has the right to 50% of the property jointly acquired during the marriage.

But there are also exceptions. For example, if before marriage the husband built a one-story house and during the marriage the spouses built 2 more floors, then such property can also be considered jointly acquired. The court will divide the house equally between both spouses. Consequently, if during a marriage the property of one spouse has increased significantly due to common investments and expenses, then it is assigned the status of joint property.

When resolving issues with the division of real estate, a car and other things, try not to harm your emotional state. Don't forget about the children who shouldn't suffer. Remember about your ex-spouse. Try to take a step forward so that your relationship after the divorce becomes kind and humane. Try to maintain a good relationship with your ex-spouse after the divorce and make a good friend.

Divorce has long been no longer considered an extraordinary event. According to statistics, a third of married unions end up breaking up. But as many “outdated” families exist, there are just as many different situations: some marriages break up by mutual consent, others - at the request of one of the parties; Some people get divorced before having children, while others have to resolve issues of visits with their child and alimony. And for those who have already decided everything and are faced with the question of how to get a divorce, it is better to entrust its resolution to a specialist. You can get a competent answer and a detailed action plan by applying for a free one on our portal.

Below we describe the main points: what does it take to divorce your wife or husband, where to turn in a given situation, what financial and time costs should be prepared. First of all, we will consider problematic issues on which both the duration of the divorce procedure and its complexity depend.

Marriage divorce statistics

How to divorce your wife or husband: what is better to agree on in advance

Problematic issues in divorce cases often include:

1. Consent of both parties;
2. Financial support and place of residence for children after divorce;
3. Division of property.

If the spouses wishing to divorce do not have children, and there is complete agreement on other issues, the divorce procedure is simplified to the minimum: the registry office will divorce them, providing a month for reconciliation.

Reasons for divorce in Russia

How to divorce your husband or wife: a matter of mutual consent

Those who have not reached a consensus on at least one of the issues listed should prepare for lengthy and complex litigation. The easiest case of the three is considered to be the refusal of one of the spouses to terminate the marriage. The case is being considered by the court, but even if the disagreeing party does not honor a single meeting with its presence, after three failed attempts to find out its position, the court will still dissolve the marriage.

But this rule has exceptions; those who are interested in the question should know them if they have children. The legislation contains several norms aimed at protecting the rights of mothers and children during periods when they are especially in need of financial and moral support. The spouse’s disagreement in terminating the marriage will become an insurmountable obstacle in cases where:

1. The wife is pregnant;
2. The child is under 1 year old.

How to live without divorce

How to divorce your wife or husband: a child's question

Those who are faced with the question of how to get a divorce if there is a child should consider two points:

1. Has agreement been reached on which parent the child will live with after the divorce;
2. Has an agreement been reached on the participation of the separately living parent in the financial support of the children?

The best way to legally fix and thereby simplify the divorce process is to conclude an agreement on children. If it was not possible to reach an agreement on their own, both parties should prepare for a long and intense debate in court. In practice, more often than not, children remain to live with their mothers, but in order to maximize the protection of the child’s rights, the court is obliged to find out many circumstances indicating his affections and needs.

The question of collecting funds for maintenance is more clear-cut, but mutual consent, formalized in the form of an agreement, will simplify the divorce procedure significantly.

How to divorce your husband or wife: property issue

Peaceful resolution of property disputes between spouses can be achieved in two ways:

1. A prenuptial agreement concluded both before marriage and during marriage. This type of agreement must be certified by a notary;
2. An agreement on property that is concluded by spouses during or after the termination of a marriage does not require notarization.

Before thinking about what is needed in order to get a divorce, spouses should weigh their financial capabilities against the debts that have accumulated during their married life. After all, both acquired things and acquired obligations are subject to division. The latter includes all types of debts, including loan agreements and mortgages; their division is carried out with mandatory consideration of the opinion of the lending bank.

What you need to divorce your husband: divorce in the registry office

In addition to the simplest case, when a divorce is filed in the registry office (mutual consent of the spouses, absence of children and property disputes), the law defines several more situations that do not require trial:

1. The spouse is officially declared missing, incompetent, or dead;
2. The spouse is serving a sentence of more than three years in a correctional facility.

What to do to get a divorce: documents provided to the registry office

The simplified procedure for terminating a marriage relationship provides for a minimum list of documents to be submitted:

1. A statement with the signatures of both spouses confirming their mutual consent. If it is impossible for one of them to be present, a notarized application must be submitted to the registration authority;
2. Copies of passports of both parties;
3. A copy of the marriage certificate;
4. Document confirming payment of the duty to the state budget.

If the marriage is dissolved on the initiative of one spouse due to the absence of the other (a closed list of situations is posted above), the application is signed by the spouse who initiated the divorce and is accompanied by a copy of the court decision confirming the grounds for divorce.

An application for termination of a marital union can be submitted online, which does not exempt spouses from visiting the registry office to participate in the divorce procedure. The time period for divorce, calculated from the moment of filing the application, does not depend on the form of its submission. The divorce will be registered only after a month.

Divorce in court

Judicial consideration of this kind of cases, as a general rule, is carried out by magistrates' courts, but as an exception, the following categories of divorce cases are within the jurisdiction of the city court:

1. With the value of the disputed property more than 50 thousand rubles;
2. With a counterclaim;
3. With disputes about paternity;
4. Considered on appeal.

Territorial jurisdiction is determined as follows:

1. As a general rule, a claim is filed at the place of residence of the defendant spouse;
2. When the place of residence of the defendant spouse cannot be established or he lives abroad, the application is submitted to the court at the location of his real estate or his last known residential address;
3. In cases where it is objectively impossible to get there from another locality (the plaintiff has a disability and cannot leave small children), an appeal to the judicial authority at the place of residence of the plaintiff spouse is permitted.

To begin divorce proceedings in court, you need to prepare and submit the following documents:

• Statement of claim. A sample document can be found on the information board of any court hearing divorce cases. The statement must state your position regarding the division of property, the future place of residence of joint children and the method of financial support from the parent living separately. The application is drawn up in several copies - for the court, for each of the participants in the case;
• Marriage certificate;
• Birth certificates of joint children;
• If available – agreements on children, property, marriage contract;
• If representation is necessary, a power of attorney;
• When resolving property disputes – property valuation;
• Certificate of family composition;
• When considering the issue of alimony or maintenance - documents confirming the defendant’s income;
• Document confirming payment of state duty.

When asking the question at the first visit to court: I want to get a divorce - what should I do? – get ready to receive an answer that the procedure for ending a marriage is quite lengthy. The first meeting will be held one month from the date of application. With this period, the law limits the minimum period of time during which spouses can still reconcile. If, after interviewing both parties, the court finds that the marriage can be saved, the final resolution of the case may be postponed for another three months.

The court verdict, expressed in the form of a decision, should not be considered final immediately after announcement: it can be appealed within 10 days. After this period has passed, it is considered to have entered into force, and then the final stage of the procedure for ending the marriage can begin.

Paperwork

The final touches - putting divorce stamps in the passports of former spouses and issuing a certificate of termination of marriage - are done at the registry office, where each spouse can apply within a month. If this does not happen, the divorce will be entered into the registration book on the basis of a decision that must be sent by the court.

State duty for divorce, 2019

Those who are interested in the question of how much a divorce costs in 2019 should remember that the simpler the procedure and the fewer controversial issues, the less the state will have to pay for their resolution. Thus, the dissolution of a marital union by the registry office will cost 650 rubles for each side. In cases of unilateral termination of marriage described above, you will have to pay only 350 rubles.

Terminating a marriage in court will also cost 650 rubles on each side. It should be taken into account that a fee for consideration of property disputes is paid separately (as a percentage of the value of the disputed property, but not less than 400 rubles). For filing for alimony, the plaintiff is completely exempt from paying the fee, but the defendant will have to pay it after the decision is made.

In conclusion, we note that the state provides for all measures to preserve the family in cases where this is still possible, as well as comprehensive protection of the rights of the child and the parents caring for him. And the spouses can only remember that it is much easier to destroy than to build anew. And it is precisely to rethink the current situation that such a long period of reconciliation is given.

You can learn more about how to divorce your husband if you have a child, and how to collect alimony during marriage, by reading articles on the topic on our portal.

The standard list of documents required (application, passports, marriage certificate, receipt of payment of state duty) can be expanded depending on the circumstances. Documents on the birth of children, statements on family composition, documents on property are added to it (if it is being considered at the same time as the divorce).

• Please pay attention to what documents are being submitted. in the originals, and which ones - in copies.
• In some cases, in addition to the list of specified papers, judges may require official documents or other evidence not specified in the list.

Registration of a divorce can be speeded up and simplified by filing (the civil registry office) via the Internet. After divorce, you can also get it through the court by contacting the registry office through the online form.

Types of divorce

Depending on the relationship between the spouses, whether they have a divorce, agreement on the division of jointly acquired property and other factors, divorce can be carried out in one of two ways - through the registry office and through the court. The latter also involves visiting the registry office to register the court decision in the deed book and obtain a divorce certificate.

• The Family Code of the Russian Federation provides for divorce in a simplified form. If the husband and wife do not want to live together, do not have children, or their offspring have reached their 18th birthday, applications from them will be accepted by employees of the civil registry office (clause 1 of article 19 of the RF IC).
• One of the spouses can simplify the divorce even if the family has a common child, but the consent of the other half cannot be achieved. It is possible to dissolve a marriage through the registry office without confirmation of a spouse declared incompetent, missing or imprisoned (clause 2 of article 19 of the RF IC).
• In all other cases, you will have to file a claim and the required documents. to court using a longer and more labor-intensive procedure. Circumstances forcing such actions will be the presence common children, disputes over their place of residence, lack of consent one of the couple for divorce or division of common property (Article 21, Article 22 of the RF IC).

If the spouses who want a divorce and are raising a child have no disagreements, the court will divorce them quickly without asking why(Article 23 of the RF IC).

Documents for divorce through the registry office

The easiest way to file a divorce is if both parties want it and they have no children. The package of documents in this case is also minimal. After submitting the application, a month will pass before the registry office employee makes an entry in the deed book about the divorce.

List of documents

• , signed by husband and wife (form No. 8). The signature of one of the spouses is sufficient if the option of unilateral divorce provided by law through the civil registry office is used (Form No. 9). Ready forms can be obtained at the place of application.
• Passports of husband and wife.
• Original marriage certificate.
• Receipt indicating payment.

If documents are submitted to the registry office after the divorce has taken place by court decision, that is, to obtain a divorce certificate, then it is necessary to attach an extract from the court decision.

Submission of documents

• Documents must be delivered and signed personally. If, with the couple's mutual consent to divorce, one of the spouses is unable to be present when submitting documents, he writes statements with a request to accept them and has it notarized.
• If the second spouse is in a correctional facility, consent must be obtained from him, certified by the head of the prison.
• The service of filing an application online will help simplify your divorce. One of the spouses registers on the State Services website, receives an activation code, fills out a form, indicates the details of all necessary documents (passports, SNILS, marriage certificate), pays the state fee (you can also do it online). Then both spouses will have to appear at the registry office on a certain day and personally sign the application. Otherwise, it is considered null and void, and the divorce will not take place.

Documents for divorce through court

The documents that need to be provided to the court are divided into mandatory and those that may be required in a particular region. Before submitting an application, it is better for the interested party to clarify their list. In case of complete mutual agreement in all matters, you should apply to the magistrates' court; dissolution of the marriage with its help will occur at least 40 days after the first application. If the spouses cannot agree, the documents must be submitted to the district court, and the paperwork process may be delayed.

List of documents

• Statement of claim asking for a divorce. It can be drawn up in a more formal form if both spouses agree, or with a detailed indication of the reasons and circumstances if the initiative comes from one of them. The latter is necessary in order to convince the court to dissolve the marriage, because the judges will try to save it.
• Original civil passports of the spouses (or only the plaintiff, if the desire for divorce is not mutual).
• Copies of children's birth certificates (if there are children under age). They need to be certified by a notary office.
• A certificate of family composition or an extract from the house register of the plaintiff (if the documents are filed with the court at his place of residence) or the defendant (respectively). In some regions it is not required. Sometimes it is necessary to provide extracts from the places of registration of both spouses; this point must be clarified directly in court.
• Original marriage certificate.
• Receipt for payment of state duty. Its amount will vary depending on the circumstances of the divorce.

If one of the spouses is unable to attend the trial, but is ready to get a divorce, his statement of consent must be attached.

Filing documents for divorce through court

• The party wanting a divorce should file a claim at the defendant's place of residence.
• In some cases, it is possible to appeal to the local court of the region (city, district) in which the initiator of the process is registered. Among them: living with common minor children with the plaintiff; a claim for alimony at the same time as the divorce request; poor health of the person submitting the application; incapacity of the defendant, being declared missing or being in prison (if the term is 3 years or more).
• World Court will consider the claim if both spouses are ready to divorce; they have an agreement about who the children will live with; the issue of dividing property is not considered, or it is assumed that property will be divided in an amount of up to 50 thousand rubles. Compliance with the totality of these conditions is mandatory.
• In other cases, the case will be considered district court.
• You can submit documents to the secretariat not only in person, but also send them by mail (in which case you need to have the application certified by a notary) or transfer them through a representative who has a power of attorney from the plaintiff for such actions.

Example

M. and N. got married after M. gave birth to a child from N. There was no information about the father on the baby’s birth certificate. That is, it turns out that they have a common child, but formally in their marriage they do not have joint minor children. M. wants to get a divorce and demand alimony from the child’s father. In this case, you can do this. If the spouse agrees to the divorce, you should submit documents to the registry office (joint application, present passports, bring the original marriage certificate). If he does not agree, he will have to go to court.

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Before filing a claim for alimony, you must. If the spouse does not object, then the corresponding general application is again submitted to the registry office. If he resists, paternity can be established by a court based on genetic testing or other evidence. Establishment of paternity can be done before the divorce (in which case the divorce will take place through a judicial authority) or after it (in this case the divorce can be quickly obtained through the registry office).

Alimony can be demanded only after N. is recognized as the father of the child. If the establishment of parenthood is carried out before the divorce, then a combined claim can be filed with the judicial authority - for divorce and alimony.

Conclusion

• Two authorities can divorce spouses: the civil registry office or the court (magistrate or district).
• To dissolve a marriage through the civil registry office, you need a minimum of documents: passports, marriage certificate and a receipt for payment.
• When filing a claim in court, the list of documents expands.
• You can also get a quick divorce through the court if the spouses have no mutual claims regarding the property and place of residence of the child. The judicial authority may request a written agreement governing the relationship between it and the parents.

Question and answer

- I want to get a divorce. The wife has a marriage certificate, but she does not give it away. What should I do to receive a duplicate? Where can I get the details to pay the fee? Where should I submit documents if the child is not mine? I don’t live with my wife, she wants alimony for herself and her son.
– provides for divorce through an application to the registry office if the couple does not have children together and both agree to a divorce. Apparently, you will not be able to use this option if your spouse does not make contact. You will still have to contact the registry office for a duplicate of the marriage certificate; it will not take much time and will not require large financial costs. Find out the details in court. Child support is not due if, according to the documents, the child is not yours. If he is not yet three years old, then you may still have to pay benefits to your wife (until her son turns 3 years old).

– My husband took my documents (passport, wedding certificate and birth certificate of my daughter). How to file for divorce if he doesn’t want to return them?
– Judging by the fact that you have a conflict situation and have a child, you will have to go to court to get a divorce. But he will not accept the application without the documents you listed. Talk to your spouse, ask him to meet you halfway. Otherwise, you can write a statement to the police or local police officer, but this may have a detrimental effect on your husband. You can do otherwise: get a duplicate of the marriage certificate (you should contact the registry office), write a statement about the loss of your passport and get a new one. The main thing is not to point out the fact that the husband took the documents as the reason for the loss. To file a claim in court, you need a copy of the child's birth certificate. If you have it, you can do without the original.