Statistics say that every fifth married couple in Russia gets divorced. Having lived a short life together, the spouses understand that the relationship has changed for the worse and further marriage makes no sense. And at this moment the question arises - how to get a divorce faster and less troublesome? The easiest and most affordable option is to contact the registry office. But in some cases, divorce proceedings can only begin in court.

What is it

Divorce is a procedure for the state dissolution of a marriage on the basis of one or both spouses.

The Family Code of the Russian Federation provides several grounds for termination of registered relationships:

• mutual agreement to begin divorce proceedings;
• the desire of one of the parties and the other;
• husband or wife;
• placement of a spouse in a place of imprisonment.

In view of the above reasons, the divorce process is carried out through the registry office after submitting an application and providing a minimum package of documents (passport, marriage certificate). This is the easiest and fastest way to break off official relationships and stop being a family.

Where to apply

Spouses must write joint statements at the registry office at the place of marriage registration or place of residence of one of the spouses.

In the event of the death of a spouse, a death certificate must be attached to the application. If the spouse is in prison and serving a sentence, then the court decision is attached to the application.

Each spouse fills out the application according to the established template.

It states:

1. Marriage certificate number, date of issue.
2. Place of marriage registration.
3. No children.
4. Nationality (optional).
5. Last name after divorce (for those who changed their last name after marriage).

The application does not need to indicate the reason for the divorce. This is another difference between the divorce process through the registry office. The court will ask you to indicate the reason for the divorce, will make an attempt to reconcile the couple, and will advise you to talk to a psychologist.

In the registry office, the divorce is quick and painless, giving the couple a little time to think about the decision made.

Video: legal subtleties during divorce

What you need to know

Through the registry office, a marriage can be dissolved only if there are no minor children together, including those adopted and adopted from an orphanage.

Exceptions include imprisonment, recognition of incapacity of one of the spouses.

If one of the spouses for a good reason (illness, long business trip, living in another city, military service) is present when submitting the application, then it is possible to provide his written permission certified by a notary.

If controversial situations arise related to the division of property, divorce is possible not only through the court, but also through the registry office. After the divorce process is completed, spouses have the right to file for recovery of their property share.

When filing an application for divorce, registry office employees do not require you to indicate the reason for the divorce and do not conduct conciliatory conversations.

Divorce in the registry office is possible only if the relationship is registered on the territory of the Russian Federation. If the marriage was registered in another state, then divorce in Russia will not be allowed.

It is impossible to cancel the decision of the registry office after the end of the divorce process if the decision was mutual with the legal capacity of both parties.

Divorce procedure through the registry office

Divorce through the registry office is the easiest and fastest way to divorce, requiring only mutual consent and the presence of both spouses.

The whole process does not require time and nerves, unlike a trial, which can drag on for several months.

Divorce begins with filing an application, which can be sent in three ways:

1. Directly at the registry office, providing passports and marriage certificates.
2. Through the Internet portal.
3. Through the multifunctional center.

The procedure itself depends on whether both spouses agree to divorce.

By mutual consent

Family law systems have retained many Soviet rules and regulations. Previously, divorce was rare, so the state made every effort to preserve the relationship of a registered couple.

For this reason, they tried to prevent the dissolution of marriage by not allowing one of the spouses to divorce unilaterally.

Now the situation is a little different - statistics show a sad fact - 18% of couples get divorced in the first three years of family relationships.

Divorcing, as well as registering a marriage, is now not difficult, which is why many citizens have several stamps in their passports in the “marital status” column.

But to increase the demographics in the country and reduce the number of single mothers, the state retained Soviet rules, not allowing one spouse to divorce through the registry office.

The divorce proceedings take a long time, allowing the couple to think about their decision and, perhaps, not bring the case to its logical conclusion. Unfortunately, there are no statistics on this matter, but about 5% of spouses refuse a divorce.

If both spouses are determined to divorce, then they submit a joint application to the registry office, pay the state fee (650 rubles per person) and receive a divorce certificate at the appointed time.

When there is a statement from only one side

But not always both parties want a divorce. Often, only the husband (usually the wife) contacts the registry office to submit an application.

However, a unilateral divorce can only be done through the court, regardless of the presence of children and property.

Many even use a trick, contacting the registry office as follows:

Indicators	Description
With spouse's documents	during a divorce, the presence of both parties is mandatory; a passport alone is not enough (the interests of the spouse can be represented by an authorized representative who has a notarized document)
Recognizing a spouse as missing	To recognize a person as such, you must contact the police and write a missing person report. If after a year the location of a person remains unknown, then he is considered missing, as indicated in the document issued to the spouse
Alleging assault	If there is physical violence in the relationship, then the divorce process is handled by the court

The procedure for divorce through the registry office is the same for everyone. Unilateral divorce is possible only through the court, or in the absence of a spouse for a good reason.

How long does the process take?

From the date of filing the application until the receipt of the divorce certificate, 30 days pass. This period is given to the couple to think about their decision.

Often, spouses go to the registry office out of emotion, after a strong quarrel. The state gives a month to refuse the divorce. If a couple refuses to divorce within 30 days, then it is enough for them not to come at the appointed time for the certificate.

The process is automatically canceled and the state fee is not refunded. If both spouses agree to divorce, the appearance of one party on the appointed day is sufficient. This will automatically complete the divorce process.

In some regions, the system is different - if a couple does not submit a divorce application within a month, then after 30 days the procedure is considered completed. Former spouses will be able to pick up the certificates and have their passports stamped at any time.

The timing of the divorce process cannot be changed at personal request. An increase in time is possible when going to court if one of the parties changes its decision. In this case, you need to write a letter demanding that the divorce proceedings be terminated.

However, the desire of one party will be sufficient to complete the divorce procedure, with the exception of certain factors (for example, sudden news about the spouse, a serious illness of the spouse that makes it difficult to stop the divorce, etc.). Each case is considered individually.

Registration procedure

The procedure for filing a divorce is individual in each case:

• If one of the spouses is declared incompetent, then the other party must obtain a conclusion from a psychotherapist. The application can be submitted by the patient’s guardian, and it is also possible to provide a certificate from the hospital where the spouse is undergoing permanent treatment;
• You can divorce a spouse who is serving a sentence in prison for a serious crime. Unilateral divorce is possible if the court imposes a sentence of more than three years. In this case, a judicial opinion will be required;
• divorce from a missing spouse is carried out after providing a document confirming this fact from the police;
• In the event of the death of a spouse, the divorce is carried out on the day the spouse applies. To dissolve a marriage, you will need a marriage certificate and a death certificate;
• illness and a long business trip of one of the spouses require notarized permission to conduct the divorce process without the presence of one party.

Other cases require going to court.

Legislative framework

The rights and obligations of spouses are prescribed in the Family Code of the Russian Federation:

Within three years after the divorce, spouses have the right to demand their property share, if this issue was not raised in court, and the divorce was carried out in the registry office.

The law also provides for men's responsibility for their children. The marriage will not be dissolved at his request if the wife is pregnant.

Divorce is possible only when the child reaches one year of age. A woman can go to court even in a “situation”.

Divorce through the registry office does not prevent the further creation of a new family. Only when applying to register a relationship will you need to present a certificate of divorce.

However, before jumping to hasty conclusions, it’s worth thinking again about whether it’s worth getting a divorce over a minor quarrel, whether it’s possible to save the relationship, or whether the family is completely destroyed, even psychologically. Divorce is a serious step that cannot be undone.

If there is no order in family life, peace is no longer possible, then there are two ways: make peace or separate. When people realize that they no longer have the strength to be together, a trial awaits them. The main dilemma is how to file for divorce productively, without a settlement?

Divorce proceedings

When choosing to leave a marriage, people must approach such a difficult task correctly and carefully. The divorce procedure is unpleasant; it is difficult to break off a relationship even if you wish to do so alone. In order for the spouse to gain the long-awaited freedom, a trial and a fair verdict at one of the hearings will be required. If there are no property disputes or disputes, the children are already adults or have not yet been born at all, you need to visit the registry office to quickly resolve this administrative issue on completely compromise terms.

Through the court

It is very difficult to get divorced from lawsuits and petitions; it is much easier to visit the registry office twice. Divorce through court is a mentally difficult, stressful and lengthy process that requires not only the mutual desire of the married couple to separate forever, but also the presentation of a number of certificates from family life for consideration by a fair judge.

The first step is to correctly write a written application to the court with a desire to dissolve the marriage bond with your wife (husband). Here we are talking about the legal organization for the registration of the defendant spouse. The plaintiff will have to fill out the standard form correctly. On a special form you must indicate the following information in a certain sequence. This:

• place, date of wedding;
• arguments for your desire to get a divorce;
• the presence of small children, the presence of property;
• basic requirements and wishes for the opposing side;
• information about the upcoming provision of children.

Through the registry office

If the ex-spouses have no complaints and are raising children together, then going to the judge can be postponed indefinitely. The plaintiff and defendant will have to undergo a divorce procedure through the registry office; after 30 days, the document on the breakdown of the marriage will be officially issued and will enter into the legal field. To avoid lengthy proceedings, it is advisable to comply with the following mandatory conditions:

• mutual and unhindered desire and consent of the spouses to separate;
• absence of small children and claims to;
• appearing at the civil registry office with passport data and marriage document.

What is needed for a divorce

In fact, you will need the desire and desire to start an independent life, leaving the other half only as unpleasant memories. This is formal, but in fact you need to provide, in addition to a correctly completed sample, a number of mandatory certificates for consideration. We are talking about copies that should be notarized in advance. When you ask what is needed to file for divorce, the appropriate authority will tell you everything - it’s not every day that you have to get a divorce, here you need to make a responsible decision.

If there are minor children

If ex-spouses are raising a teenager under 18 years of age, then the parents are allowed to divorce only by court. The registry office will still not accept the documents, even if there are no complaints at all regarding the upbringing of the younger generation, and the paper is drawn up correctly. Before filing for divorce, if you have a child, you should consult with a family lawyer or a paid lawyer, enlist his support, and competently draw up a claim. Only then can we count on a successful conclusion to the ongoing production.

Unilaterally

If in a couple the husband or wife opposes the collapse of the family, then the second one has certain problems, and delay is possible. However, you should not worry too much about this, since the standard divorce procedure can be correctly carried out unilaterally. Divorce at the request of one of the spouses is a normal phenomenon; only the plaintiff draws up the required documents independently, while correctly expressing his thoughts on the form. It is very important that problems regarding growing children and property are resolved in his favor.

How to apply for divorce

After completing the form, you must make a copy of the marriage certificate and other joint documents, first certified by a notary. Then you need to correctly submit the complete set to the registry (office) of the court, where, after checking the received data, an incoming number will be issued. This means that the plaintiff was successful in filing for divorce correctly. All that remains is to wait for receipt of the notice to appear at the preliminary and subsequent hearings. Nothing complicated, but it would be wise to first familiarize yourself with the provisions of the Family Code.

Which registry office should I apply to?

Compiling a paper based on the sample provided will not be particularly difficult. The question may arise differently: where to apply for divorce through the registry office? There are two options - according to the registration of the husband or wife. The address of one of them is known, since a statement of desire to legitimize their relationship was once sent to this registry office. You will also have to pay a state fee for family breakup.

Online

The first thing you need to do is register on the site, and then submit an application. To do this, you must provide the passport data of the two participants, SNILS, marriage document, and additionally send copies of these documents. An online divorce application is studied as usual, the main thing is to establish a method of notification for the plaintiff. This can be a message to a mobile or email address.

Through the court

The law states: a claim can be filed by one spouse in court at the registration of the defendant spouse. You can receive the divorce application form in person at the office or fill it out correctly online. A prerequisite in both cases is to obtain an incoming number, after which you can control the trial process. The list of required documents is updated, so you need to carefully study the background information.

Where to file for divorce

If the collapse of family life is inevitable, the plaintiff must apply to the registry office or district court according to the registration of the defendant spouse. If the other half has a residence permit from another city, it is not prohibited to file a statement of claim in the court of your district. There are other reasons why an administrative case is opened and considered in the plaintiff’s district. If you have a question about where to file for divorce, it is better to contact a practicing lawyer and look on the Internet yourself.

Documents for divorce at the registry office

In this case, submitting an application is as easy as shelling pears, and both spouses are required to have an internal passport and a marriage document. This is the answer to the question of what documents are needed for a divorce. The originals are confiscated, and after 30 calendar days, already divorced people receive a new document with stamps, which is first registered in the database. The required procedure is not carried out unilaterally even in the absence of a common child or property. The right thing to do is to go to the judge.

Through the court

A form filled out according to the sample is not at all enough to get started with the divorce process as quickly as possible. Additionally, the judge requires the provision of a complete package of documents revealing the essence of the family as a social unit of society. This is a standard list that is included in the procedure for filing a claim. If you need information about what documents are required for a divorce through the court, the list is presented below:

• sample application;
• civil passports of husband and wife;
• marriage document;
• birth certificates of adopted or married children;
• documents on property rights;
• other certificates at the discretion of the judge.

Procedure for divorce

Filling out certificates and applications is only the beginning of a long path to freedom. The plaintiff wants to do everything necessary to speed up the outcome, but the law can slow down the entire process. When interested in how a divorce occurs, it is important to understand that in the registry office everything is much faster than a tedious showdown in court. Although each family has its own nuances.

Divorce terms through the registry office

Before filing a divorce, ex-spouses ask how soon they will receive the relevant document. The answer depends on many factors. If you apply online, you will be able to get a divorce faster, especially when litigation is not required. The time frame for divorce through the registry office is 1 month from the date of registration and filing of the claim. This is useful information when solving a life problem, how you can correctly file for divorce without a settlement.

By court

Before you properly file for divorce, it is important to understand that you will have to go to a judge with your children and property. Without a peace agreement between spouses, the time frame for divorce through court with children is not standardized. It all depends on the number of meetings and the ability to reconcile the warring parties. A preliminary hearing of the case is required, then several more hearings. It is important to resolve child support issues, determine the child’s comfort zone and the fate of the property acquired by the couple. So when answering how a person can properly file for divorce, there are nuances.

How much does it cost to file for divorce?

Before you get a divorce, it is important to find out how much it costs to file for divorce. Considerable financial difficulties also lie ahead, so it is worth thinking about the world of warring spouses. Otherwise, you will have to fill out documents, pay a lawyer and pay a state fee. This public service is limited to 650 rubles per registry office participating in the divorce process. When filing a claim unilaterally, the cost of the government contribution is 350 rubles, the cost varies.

Video

The legislation provides citizens of the Russian Federation with the opportunity to officially register their relationships in a special body - the registry office. The same institution allows the dissolution of a marital relationship between two people. To do this, you just need to collect the required package of documents and pay the state fee.

General points

Today, you can file for divorce in two ways:

1. Through the courts - world and district.
2. Through the registry office.

It is necessary to contact the court if there are any controversial issues between the spouses. They may concern children or jointly acquired property.

If spouses wishing to divorce were able to find a compromise, then the divorce can be filed as quickly as possible. This requires a minimum number of documents.

Anyone who has decided to end their marriage should consider the following questions:

• what is it;
• conditions for receiving.

What is it

The concept of divorce should be understood as a change in the civil status of an individual. Moreover, this action has legal significance. Divorce should not be confused with declaring it invalid.

Since the second term means unilateral annulment of marital relations in the presence of the following reasons:

1. Spouse.
2. The husband is recognized.
3. The husband has been in prison for more than three years.

In this case, documentary evidence of the above facts is necessary to annul the marriage. It should be remembered that if one of the spouses is declared insane, then he necessarily needs a guardian.

An institution called the Civil Registry Office is a department that records civil status. At the same time, it carries out both registration and dissolution of a marriage concluded on a completely legal basis.

Conditions for receiving

It’s easy enough to figure out how to quickly file a divorce through the registry office. The price of this process may vary and depends on many factors. This amount represents the state fee paid.

The marriage itself can be dissolved at any time, regardless of the wishes of the second spouse. This point is indicated in the Family Code of the Russian Federation.

But there are exceptions. Divorce cannot be carried out without the consent of the spouse in the following cases:

• if the common child is not yet 1 year old;
• if the woman is in .

In the cases indicated above, the divorce must be signed simultaneously by both the husband and wife. Otherwise, the spouse will be denied divorce.

A prerequisite for obtaining a divorce is the availability of the entire list of necessary documents, as well as a correctly drawn up application.

If at least one document is missing, divorce will also be denied. A similar situation arises if there are any errors made when drawing up the application itself.

That is why you should be sure to familiarize yourself with a sample of the correct document in advance.

Video: how to file a divorce at the registry office

Quick divorce through the registry office

Divorce in the registry office can be carried out with minimal time.

But it is very important to remember some nuances that relate to:

1. Basic requirements.
2. Required documents.

Basic Requirements

Not always can a divorce be carried out through the civil registry department.

Such an operation is possible only if the following requirements are met:

• if both spouses have found a compromise and the decision to divorce was made by them mutually;
• if one of the spouses submitted to the registry office along with the application the following documents - on declaring the spouse missing, on convicting the spouse for a term of more than 3 years, on declaring the spouse incompetent.

An important factor is the absence of minor children. Otherwise, the divorce process can only be carried out through a magistrates or district court.

Contacting this authority is required only if the issue is being considered.

Required documents

To figure out how to quickly file a divorce through the registry office (application from one spouse or two), you need to familiarize yourself with the Family Code of the Russian Federation, as well as federal legislation.

Moreover, you should study the question regarding the documents provided as carefully as possible. Since their list differs depending on the presence or absence of the consent of the second spouse.

If both spouses submit an application at the same time, the following documents will be required:

1. A properly completed application for divorce.
2. Marriage certificate.
3. Identification document – ​​passport of a citizen of the Russian Federation or another.
4. on payment of the corresponding state duty.

There is one important nuance - payment of the fee must be made by each spouse separately.

The application for divorce must contain the following points:

• personal data of both spouses - last name, first name and patronymic;
• date of birth;
• place of permanent registration;
• citizenship;
• nationality - optional;
• detailed details of the document confirming the fact of marriage;
• surnames that spouses will take after marriage;
• details of identification documents - passports;
• signatures of both spouses;
• date of application.

There is an important nuance regarding the date of preparation indicated in the application. If for some reason it does not coincide with the day of application to the registry office, then employees can simply refuse to accept documents on this basis.

Since a date discrepancy is considered a gross error. The application itself must be drawn up in Form No. 8 - intended for both spouses.

If for some reason the application is submitted by only one of the spouses, then this document must display the following data:

1. Last name, first name and patronymic of the individual submitting the application.
2. Citizenship.
3. Nationality is optional.
4. Legal grounds for carrying out the divorce process (missing person, imprisonment, incapacity).
5. Details of the marriage registration certificate.
6. Last name of the person filing the application after the divorce.
7. Passport details.
8. Signature and date.

If the divorce is carried out on the basis of the incapacity of the second spouse, then in the application to the registry office it is necessary to indicate the place of residence of the guardian or property manager - if there is confirmation of untimely absence.

When the application is accepted, the registry office is obliged to notify the second spouse about the divorce process within 3 days - this also applies to prison inmates.

If there is a certificate of incapacity, then the guardian must be notified of this legally important action.

In this case, either the second spouse himself or his guardian is required to indicate in the registry office the surname that will be assigned after the divorce.

The termination process itself can only be carried out in the presence of one of the spouses. It is important to remember that, regardless of the circumstances, both spouses or one of them must wait 30 days from the date of filing the application.

This period is indicated in the current edition of the Seed Code of the Russian Federation. The reason for this is that divorce is unprofitable for the state itself.

After the expiration of the 30-day period, the marriage can be dissolved at any time in the presence of at least one of the spouses.

Frequently Asked Questions

Despite the fact that the divorce process is carried out quite quickly and simply, sometimes various kinds of questions arise.

The most important ones include the following:

1. How much is the state fee?

Is it possible to instantly dissolve a marriage with a child?

One of the most frequently troubling issues for spouses is divorce when they have common children. This is only possible when they have reached adulthood.

In all other cases, the divorce process will be protracted, especially if there is common expensive property.

It is also possible to unilaterally dissolve a marriage, even if there are children, if the spouse:

1. Incapacitated.
2. Missing in action.
3. He is in prison.

This moment is regulated. In this case, it is allowed to resolve the issue of divorce directly in the registry office.

In the presence of minor children and the absence of the precedents outlined above, a quick divorce is simply impossible. Moreover, it can only be carried out in court.

The situation is special when the young mother is under 18 years of age. In this case, unilateral divorce is impossible.

To implement this process, it is necessary to find guardians who agree to take patronage over the mother and child. Most often they are parents. In their absence, divorce is simply impossible.

How much is the state fee?

A fee is understood as payment for any legally important actions performed due to citizens’ appeals to government agencies.

Divorce or invalidation of a marriage also requires payment of a state fee.

The value depends on various important factors:

These prices are valid for 2019. State duties are indexed annually.

Legislative framework

The main legislative framework is Chapter No. 4 of the Family Code of the Russian Federation.

It includes:

Article	Description
	list of grounds for divorce
	exceptions (when the husband does not have the right to dissolve the marriage unilaterally)
	indicates the procedure for divorce
Article No. 19 of the RF IC	procedure for contacting the authorities that carry out registration in acts of civil status
	moment of termination of marriage

You should also pay maximum attention to federal legislation.

Instant divorce through the registry office is simply impossible, which is why you should be patient. You should be especially careful in collecting all the necessary documents.

This will avoid wasting time - if there are errors, the registry office employees refuse to accept the application.

Spouses who have decided to dissolve their marriage are usually interested in how to carry out this procedure so as not to break the law. In fact, the procedure is the same process as many legal events. To do this, you will need to prepare an appropriate application and a package of necessary documents, and then contact the authority that registered the marriage.

There are several nuances that citizens who have decided to divorce should definitely remember. Let's look at several issues related to this event and identify important points that should be taken into account if the spouses decide to file for divorce.

All features related to the regulation of issues related to divorce are outlined in the Family Code of the Russian Federation. This regulatory act establishes rules that determine the order and. In addition, the code specifies the grounds on which you can get a divorce through the registry office. The following can be distinguished:

• the spouses have no minor children;
• one of the spouses is considered missing;
• by a court decision, the husband or wife is declared incompetent;
• one of the partners was sentenced to more than three years.

It is also necessary to highlight the circumstances of the case that cannot be considered as part of an appeal to the registry office. To do this, you will need to submit an application to the court.

Such situations may be the following:

• disputes have arisen regarding the place of residence of common children under 18 years of age;
• there are questions regarding the distribution of common property between partners;
• the amount, conditions and procedure for paying money for the maintenance of a spouse have not been determined.

In the case where the parties wish to divorce through the registry office, they must first reach an agreement on all issues and then submit the appropriate application. If consensus is not reached and there are controversial issues between the parties, you should go to court to file a divorce.

Deadlines for filing a divorce at the registry office

After submitting the required application and package of documents, the registration authority is obliged to make a decision on divorce within a month.

A period of 30 days is given so that the spouses can submit additional papers and also consider their decision to dissolve the marital relationship. It is for this reason that citizens are given the opportunity to withdraw their application within a specified period.

The calculation of the monthly period begins from the day following the date of registration of the application for divorce. If a holiday or weekend falls on the 30th day, the deadline for consideration of the application is postponed to the first working day following the specified date.

Documentation required to apply to the registry office

To initiate divorce proceedings, spouses will be required to collect a package of required documents. In addition, the Civil Code contains information that in order to file a divorce, citizens are required to contact the civil registry office located at their place of residence.

The first thing you need to do is draw up a standard application in Form No. 8. According to current legislation, the application must contain the following points:

• details of the applicant (full name, date of birth, nationality, citizenship and place of residence of the spouses);
• passport details of the spouses;
• series and number of the marriage certificate;
• date of application;
• information about the date when the divorce will take place;
• number and date of the divorce deed;
• surnames that the spouses will have after the divorce;
• signatures of partners.

If for some reason the application is submitted by one of the spouses, then Form No. 9 must be filled out. In addition to the application, you will need to attach the following documents to the application:

• passports of citizens;
• act of concluding a marriage union;
• receipt of payment of state duty (400 rubles).

After filing the application, the divorce procedure is carried out in the standard manner. In addition to the established requirements, there are some other points that should be taken into account. This applies to the presence of minor children in the family.

The nuances of divorce in the presence of minor children

If both spouses want to divorce, but they have a minor child, then the divorce process will have a slightly different character. To do this, you will need to go to court and file a statement of claim, and not the one submitted to the registry office. It should also contain the necessary information. In addition, the relevant papers must be attached to the claim.

If all the documents are in order and there are no contradictions between the parties, then the court very quickly satisfies the applicants’ demands, and in the future, after the deadline for filing an appeal has passed, you can contact the registry office to obtain a divorce deed.

Before starting the divorce procedure through the registry office, it will be necessary to resolve issues regarding the division of property and determining who will raise the child. To do this, it is recommended to sign a special agreement and have it officially certified.

Conclusion

The decision to divorce should be made only as a last resort. It is best if the spouses agree on all the points in advance and then simply draw up the necessary documents, thereby eliminating lengthy and complex legal proceedings.

Spouses who have decided to dissolve their marriage are especially concerned about the question of how quickly they will be divorced. Divorce will take exactly as long as provided for by family and civil law.

Divorce terms through the registry office

Divorce in the registry office is the fastest way to dissolve a marriage. But it is not suitable for every married couple, but only for those who both agree to divorce and do not have jointly born or adopted children under the age of eighteen.

The maximum period in which you will be divorced is one month. In the registry office, after filing an application for divorce, it is registered and a mark is placed on it, on what day and time the marriage will be considered dissolved and the divorce certificate can be collected.

You can find all the details about the divorce procedure through the registry office on the page -

Time limits for divorce through court

With deadlines, everything is much more complicated. But if you wish, you can quickly get a divorce through the court.

Divorce cases are considered in court if they are burdened by the presence of common minor children among the divorcing spouses and issues of their living with one of the parents after the divorce, as well as the presence of a dispute about the division of property acquired by them during marriage.

It will depend on several circumstances. Let's look at the most common ones.

1. The desire or unwillingness of both spouses to dissolve the marriage. If both agree to divorce, they have no disagreements on issues of joint property or living with one of them common children, they both appeared at the first court hearing, in which they indicated compelling reasons for the divorce and clearly substantiated their position, their marriage will be dissolved in 1 month and 10 days.

Some facts

This is the minimum period for divorce. It consists of 1 month, which is given to file a statement of claim and have it accepted by the judge for proceedings, and 10 days, which takes for the court decision to enter into legal force.

2. The presence of disputes about property and children. If a divorcing couple has such disputes, they could not agree on who the children will live with after the divorce, and who will get what property, then the divorce process can drag on for many months. The couple may even be divorced by this time, since the maximum period for which a judge can postpone divorce hearings is 3 months. But the remaining litigation will continue until the court can make a decision on the fate of the common property and children.

3. The defendant’s refusal to appear in court or his deliberate delay in the divorce procedure. This happens quite often. And this spouse is often driven not by the desire to save the family, but by mercantile issues - reluctance to move out of a common home, reluctance to divide property or resolve issues of turning this property into their favor before a divorce, etc.

There are cases when the court, after the defendant fails to appear in court three times, makes a decision on divorce. But not all judges go for it. After all, in order to make an objective decision, the presence of both spouses is still desirable. And there is no guarantee that after the decision is made, the defendant will agree with it and will not consider it necessary to appeal it. After all, the reversal of a decision negatively characterizes the work of a judge.

If the defendant submits documents confirming his excused absence from appearing in court (sick leave, travel certificate, etc.), then the judge simply will not have the right to make a decision on divorce without his appearance.

4. Violations in the work of civil servants of the judiciary. Unreasonable acceptance or non-acceptance of a statement of claim, incorrectly made decision, failure to send or late sending of notifications to interested parties, etc. - all these are reasons why divorce proceedings in court can drag on. Therefore, after filing a claim for divorce in court, you need to monitor its progress.

Sometimes there are cases when judges deliberately delay the timing of divorce through the court. It depends on the indiscipline of the judge or on the wisdom of statistics. If your divorce is “superfluous” this month or quarter, then in one way or another they will be able to postpone it until later.

Let's summarize. The minimum period for divorce in court is 1 month and 10 days. Here we should also add the time that you will spend on obtaining a divorce certificate in court. This usually takes one day. And the court’s decision is already a fact of divorce, and obtaining a certificate is a simple formality.

The maximum period for a divorce through the court, provided that it is not burdened by property disputes, questions about the residence of children and is not delayed by failure to appear in court, is 4 months and 10 days. It consists of a month for consideration of the claim, a three-month period for court hearings and the issuance of a decision, as well as a ten-day period for the decision to enter into legal force.

If one of the spouses does not agree to a divorce, then the court will thoroughly analyze all available materials, and then draw conclusions whether the spouses can continue to live together or not.

How long does it take to appeal?

If any of the parties does not consider the decision made by the court to be correct, then the legislation gives it the opportunity to appeal this decision to a higher authority. 10 days are allotted for this from the day the divorce decision was made. After this, it will already have legal force, and it will be more difficult to appeal, and the chance of canceling it is equal to zero.

Limitation periods for division of property

Some facts

The period in which divorce cases are considered is somewhat longer, since it takes time to make a decision on the issue of living with children after a divorce, on the procedure/amount of alimony payments, etc. It is also important to correctly divide jointly acquired property (securities, bank deposits, real estate, and so on).

In practice, most often the divorce process is delayed due to disputes about the division of common property acquired during the marriage. But the concept that applies here is the statute of limitations for filing an application for property claims. According to paragraph 7 of Article 38 of the Family Code of the Russian Federation, as well as Article 196 of the Civil Code of the Russian Federation, this period is three years.

In other words, if the spouses have already filed for divorce, then they have three years left to file a claim for division of property. After the expiration of this period, the court simply will not accept such a claim from them.

This three-year period will be calculated from the date of termination of the marriage, and not from the date of filing for divorce.

How to quickly file a divorce

This will depend mainly on the divorcees themselves. Only your mutual and civilized decision to end the marriage will help you avoid prolonging this unpleasant procedure. To do this you need:

• Both must file an application for divorce indicating a common objective reason ( We tell you in detail how to correctly draw up an application for divorce),
• preliminary, if necessary, conclude and notarize an agreement on the division of property, on cohabitation and the procedure for visiting children, on alimony,
• appear at all court hearings,
• clearly defend your position on divorce, explaining to the judge that saving the family will not be possible due to certain circumstances.

Turning to the services of experienced lawyers will greatly help in quickly filing a divorce. They will not only help you competently and motivatedly draw up an application for divorce (which will insure you against refusal to accept the application, its return or leaving it without progress), but will also familiarize you with all the legal nuances and explain what you need to pay special attention to during a divorce.

The statement of claim is drawn up in writing, sometimes with attachments. It is provided in several copies: one for each of the parties, another one for affixing an acceptance stamp on it.

Or you can even issue a power of attorney to a legal specialist to represent your interests during a divorce. This will save you from mandatory attendance at court hearings and from unpleasant dates with your almost ex-spouse. And there will be no point for the judge to focus on reconciliation and preservation of the family if the spouses themselves are not present at the hearing.

An experienced lawyer will be able to resolve all pressing issues arising from a divorce and related to the division of property or determining the place of residence of a child more competently and quickly than a housewife or store clerk who is not versed in these subtleties.

It is clear to everyone that legal assistance costs money, and sometimes a lot. But saving personal time, healthy nerves and gaining freedom from marriage is sometimes worth paying for.

If you have any questions about the timing of the divorce process, then ask them in the comments