What to do in the event of a divorce. Divorce or dissolution of marriage

Unfortunately, in modern society, more and more cases arise when couples, having lived together for some time, decide to disperse and begin divorce proceedings. However, most citizens do not have the slightest idea about this procedure, which leads to delay and confusion in the process, which cannot be called pleasant without it.

To avoid this, let's look at the intricacies of the divorce process - where to start a divorce, what stages you need to go through for between a husband and wife.

I want to divorce my husband where to start

Many couples who have decided not to imagine how many difficult moments they will have to go through during this event. In addition to the divorce itself, the spouses will have to deal with the following things:

divide all jointly acquired property;
decide who will have children, and how often the second parent will be able to visit them;
agree on alimony and the procedure for their payment.

All of the above is just a fraction of the problems that await spouses who decide to take such a difficult step as divorce. In addition, only a small part of families start divorce proceedings by mutual agreement, which can smooth out sharp corners. The rest will have to conduct a divorce in conditions as close as possible to "combat".

You need to know that the husband has no right if:

his wife is expecting a baby;
The child is less than 1 year old at the time of application.

Choose a place to apply.

Spouses who decide can choose two instances that can carry out this process:

to carry out a divorce using the services of the registry office;
get divorced in court.

Both options have their pros and cons, but the first is less expensive and is mainly chosen by spouses who decide to divorce by mutual agreement. If the decision to divorce is made by one spouse or any problems arise during the dissolution of the marriage, for example, the spouses cannot agree on the place of residence of the children, the divorce will be carried out through the courts. This body will thoroughly understand your case and make a decision on all contentious issues in accordance with applicable law.

Note! through the court is a more costly event, both from a financial point of view and from the time and effort spent on it.

This method of dissolution of marriage is possible for the following reasons:

spouses who decide to divorce must come to this by mutual agreement;
spouses, at the time of the divorce, should not have joint children who have not reached the age of majority.

By contacting the registry office at the place of residence, spouses whose situation meets the above requirements must complete a general application using a special form for this, the form of which is approved by the state. In the event that any of the spouses is unable to appear at the registry office for a reason that will be considered valid, it will most likely be necessary to present two separate applications. To do this, the form with the application of the absent spouse must be confirmed by his signature, which must be certified by a notary.

Valid reasons for the absence of one of the spouses include:

illness of the spouse, which is severe and does not allow visiting the registry office in person;
his absence in the city or country due to a long business trip;
the presence of the spouse in the service in the armed forces of the Russian Federation;
the spouse lives in an area that is difficult to access, or located in a territory remote from the registry office.

After submitting an application, in accordance with paragraph 3, Art. 19 of the Family Code of the Russian Federation, spouses are given a period of one month to be able to change their mind or solve the problems that led to such a difficult decision. After this period, if the spouses remained adamant in their decision and also wish to divorce, the registry office employees give them a document on the termination of their marriage and make marks in the passports of the spouses, which indicate the dissolution of their marriage.

The procedure will cost spouses 650 rubles or 350 rubles. It will depend on the following conditions:

by joint decision of both spouses will cost them 650 rubles;
breaking the marriage bond unilaterally will cost the spouse 350 rubles, respectively.

Unilateral divorce is possible if:

one of the spouses is considered missing;
the spouse has been declared incompetent;
husband has been convicted and is in prison. Its term must be at least 3 years.

Important! Without a receipt that will confirm payment of the due amount of money, you will not receive a document confirming your divorce.

Divorce in court

Divorce, using the court as the executive authority governing this process, is possible in the following cases:

spouses at the time of divorce have common minor children;
one bond of spouses, for whatever reason, does not want to get divorced;
when one of the spouses evades visiting the registry office, even if officially he has no objections to the divorce process.

If the need arises for a divorce through the court, the spouses must pay the following types of state duties:

the first one is charged for by the court. To do this, the spouse, who is the initiator of this process, must pay a fee equal to 600 rubles;
the second fee is charged to pay for the services of the registry office for the provision of a document confirming the divorce, and it will cost both spouses 650 rubles.

What documents do you need to prepare for a divorce

In order to get a divorce through the registry office, the spouses need to prepare the following documents:

a completed application for divorce;
document proving the identity of the spouses. Both a regular passport and a foreign passport will do. It is also possible to use a copy of the above documents, which will be certified by a notary. The passport must be presented to both the husband and wife;
a document issued to the spouses after the registration of their marriage;
a bank receipt confirming the payment of the state fee.

When dissolving a marriage through a court, the spouses must present the following documents, namely:

statement of claim, which will be filled in the correct form. It should clearly reflect the reasons that pushed the spouses to divorce, and the circumstances that led to them;
copies of the child's birth certificate, if any;
a document issued by the registry office after marriage registration;
receipts confirming the payment of all necessary state duties;
if the spouses have jointly acquired property that is subject to division, it is necessary to attach a document confirming the fact of division of property.

Note! If circumstances complicating the case arise, the court has the right to require the provision of an additional package of documents.

Determination of the amount that one of the spouses will have to pay as alimony for the child, and the procedure for their payment will be considered by the court either as a separate process, or together with the divorce procedure. For this you need:

apply to the world court with a petition containing information on the dissolution of marriage and the appointment of alimony;
determine which of the spouses will act as the defendant, and which - as the plaintiff.

In the event of conflict situations, to the district court and collect the list of documents required by them.

Children

If a dispute arises as to which parent the children will live with, the following factors will influence the court's decision:

the welfare of the spouses;
availability of living space necessary for living with a child;
having a permanent job.

Note! Usually, the court decides the dispute in favor of the mother, especially if she confirms her solvency with all the necessary documents that guarantee her ability to support the child.

When a child reaches the age of 10 years, the court also takes into account his preferences regarding cohabitation with one of the parents.

A divorce from a foreign spouse will practically not differ in any way from the usual divorce procedure. The same goes for a disabled spouse. If one of the couple died, then the second spouse must appear at the registry office to obtain a document confirming his death and divorce for this reason.

Citizens who wish to download sample applications for divorce unilaterally, with the mutual consent of both spouses or a statement of claim for divorce, can use the link to download the appropriate file.

Greetings, dear readers! Statistically, women are the most likely to file for divorce. They quickly decide to break family ties. A man, before divorcing his wife, carefully considers everything. It's harder than just breaking up with a girl. Many questions arise, what to do if the wife does not agree to divorce, where to start the divorce process, with whom the children will remain and how to divide property. I will try to answer these questions in this article.

If in a married couple both spouses decide to part mutually, then they can do it pretty quickly. Still, this procedure is unlikely to be painless. Especially if the couple has minor children and property that will have to be divided.

For a man, divorce tends to have more negative consequences. After all, courts most often give children to mothers, and a man can only pay alimony and occasionally visit them. Property purchased after the wedding is divided equally, although, as a rule, it was the man who made the profit.

When a man decides to end a family relationship, it will be very difficult for a woman to understand and accept this. Therefore, before filing for divorce, you need to talk with your spouse and tell her about the decision. You should not start a conversation with your wife at the time of a quarrel or, conversely, at a time when both are in a good mood. It is best to talk about divorce in a moment of quiet and calm indifference.

It is advisable to agree in advance with your wife about all the essential points so that everything goes without scandal. Well, if the wife is strongly opposed to divorce, then the husband has no choice but to initiate the divorce proceedings himself.

Methods for dissolution of marriage

The Russian legislation specifies two ways of dissolution of marital relations:

Administrative - through the registry office.
Judicial - through the court.

It will be possible to get a divorce in the registry office only in one of two cases:

If the spouses mutually agree to divorce and at the same time they do not have common children under the age of 18.
If the spouse is recognized by the court as missing, incompetent, or she was sentenced to serving a sentence in prison for a term of 3 or more years. Then consent from the wife is not required, regardless of whether the couple has children.

You will have to divorce in court in all other cases, namely:

The wife does not agree to the divorce.
A married couple has a child or several minor children.
The couple cannot agree on how to divide the property.

Administrative

This is the fastest and cheapest way to terminate a marriage. In order to divorce you must:

To write an application. It indicates the passport details of each of the spouses and the reason for the break in family relations.
Pay the state duty. For registration of the fact of divorce, both the husband and wife will have to pay 650 rubles each. If the marriage is annulled only by the man (the spouse is missing, incapacitated or sentenced to 3 or more years), the spouse must pay only 350 rubles.
Apply to the registry office. It must be accompanied by receipts of payment of state duty, a marriage certificate and copies of passports.
Get a divorce certificate. To confirm the decision to break family ties, the spouses must come to the registry office as soon as a month has passed from the date of application. There they will be given certificates that they are no longer married. Such a period is given so that the couple reconsider their decision.

Judicial

Judicial procedures are always accompanied by certain difficulties and the duration of the decision. Before going to court, you need to be well prepared.

First you need to find out which court you should apply to. There are two options:

world;
district.

In the Magistrate's Court, cases on termination of family relations are considered if:

the husband and wife have no disagreements about the children (where and with whom they live);
a property dispute on the division of jointly acquired property does not exceed 50 thousand rubles.

All other cases are considered by the district court.

To apply to the court, you must file a statement of claim for divorce. A correctly written application, in which everything is correctly described from a legal point of view, will be considered and accepted for work.

The claim consists of 3 parts:

The first part indicates the name of the court to which the claim is sent, the full names of the spouses, their dates of birth, addresses of residence, as well as information about children born in marriage.
The second part provides information about marriage, describes how family life proceeded, how things are at the present time. Be sure to indicate the reason for the divorce and give reasons why the family cannot be saved. Also, the man must indicate that the spouse does not agree to the divorce. A man needs to offer his own version of resolving issues related to children and the division of property of spouses.
In the third part, the man asks to terminate the marriage on the basis of legislative norms. Puts the date of submission of the application and signs it.

Together with the claim, a package of documents is submitted:

a photocopy of the statement of claim for the spouse;
Marriage certificate;
a photocopy of the passport;
photocopies of birth certificates of children;
other documents confirming the facts specified in the application;
receipt of payment of the state duty (600 rubles for the consideration of the claim).

The full package of documents is submitted to the court. A copy of only the statement of claim itself is sent to Zhenya. If the spouses live at different addresses, then the application is submitted to the branch of the court at the place of residence of the spouse.

In the absence of comments on the documents, the court takes them to work. Usually, a court session is appointed immediately one month after the filing of the claim. The parties to the divorce will learn the date and time of the meeting from the agenda.

The case materials and arguments of both spouses are heard at the court. If the wife categorically refuses to divorce, the court may set a conciliation period. Its duration is from 1 to 3 months.

Even if the court nevertheless appoints a conciliation period, you can ask to reduce it by providing justification.

If, after the time appointed for reconciliation, the court decides that there are no grounds for preserving the family, a decision will be made to terminate the marriage.

The court also decides on controversial issues regarding the residence of children (where and with whom they live), the payment of alimony and the division of property (who gets what share).

The court decision is the document on the basis of which the marriage will be terminated. Based on the court decision, the former spouses will receive the relevant certificates.

After the court makes its decision, a month must pass for it to enter into force. During this period, the decision of the court can be appealed to a higher authority. You can appeal not only the very fact of dissolution of the marriage union, but also the decision of the court on custody of children or on the division of property.

Between filing a claim and receiving a certificate of divorce, it can take from 2 to 5 months. For a few more months, the wife, not wanting to get a divorce, will be able to drag out the lawsuit by the fact that:

will not come to court hearings;
ask for a conciliation period;
file an appeal against the court's decision.

If the wife does not come to court, the hearing may be rescheduled. To prevent this from happening, it is necessary to inform her about the meeting with confirmation of receipt of the agenda. Then, if she fails to appear in court three times without good reason, the marriage will be annulled in her absence.

In order for the court not to set a conciliation period, the statement of claim must indicate in advance the circumstances that make reconciliation impossible. This may be the bad habits of the spouse or her unworthy behavior. Witness testimony may be used as evidence.

Within 3 days after the entry into force of the court decision, an extract from it is sent for registration to the registry office where the marriage was concluded. Former spouses will receive certificates after they pay the state duty (650 rubles each) and apply to the registry office. Without this certificate, it will not be possible to conclude a new family union.

When Wife's Consent Is Necessary

The legislation defines two cases in which a man is prohibited from filing for divorce without the consent of his wife, namely:

If the spouse is in position.
If a year has not passed since the birth of the baby. This rule also applies if the newborn was born dead or lived less than a year.

Disputes with spouse

Judicial decisions are made on two main issues:

common children;
jointly owned property.

In order for the divorce process to go smoothly, it is better for spouses to agree in advance on all issues related to children and common property. All these agreements must be recorded in a special agreement and certified by a notary. Based on this agreement, the judge will make an appropriate decision and both spouses will receive what they expected.

If it was not possible to agree with the spouse, the court will make a decision based on the legal norms of the current legislation. In this case, both parties may be dissatisfied.

Children

If it was possible to agree peacefully with the wife, then an agreement is drawn up and certified by a notary, which records information about the following points related to children:

place of residence;
the amount of alimony;
the possibility of meetings;
education issues, etc.

If an agreement cannot be reached, the disputed issues are determined by a court decision.

Despite the fact that most often the courts leave the children with the mother, the man may demand that the children be left with him. As justification, he can provide, for example, proof of his financial security or the facts that the mother is raising children poorly.

Leaving the children with the mother, the court additionally determines the moments related to the communication of the child and the father. Even if the relationship with the ex-wife is far from ideal, she cannot forbid the father to spend time with the child.

At the age of 10, children already have the right to decide for themselves whether they will live with their mother or stay with their father.

Property

In a divorce, the question usually arises of how to divide the property. There are two solutions:

Peacefully negotiate with your spouse and draw up an agreement on the size of the share of each of the parties. The agreement is certified by a notary and the court makes a decision based on it.
In case of serious disagreement, one of the spouses files a claim for the division of property. This can be done both directly during the divorce proceedings, and after its completion.

Since property disputes can last for more than one month or even a year, it is better to file a claim separately, but without forgetting the statute of limitations.

Movable, immovable property and debt obligations are subject to division. The main criterion is that the property was acquired during marriage, regardless of to whom it is recorded.

If there is no marriage contract, then each of the spouses will get half of the property. That is the law. Since it is quite difficult to use one apartment or car after a divorce, it is best to agree in advance on who will transfer ownership. Often a man gives an apartment to his wife and children to pay off alimony.

Credit obligations are also distributed equally. If the wife took loans exclusively for herself, without notifying her husband, he needs to prove in court that he did not know anything about it. Then the court will leave the obligation to pay the debts to the ex-wife.

Property that you do not have to share with your ex-wife includes:

acquired before the wedding;
donated;
inherited.

The judge decides who will remain the owner of property that cannot be divided. The other party then receives monetary compensation for its share.

Here are some tips for men to prepare for and mitigate divorce:

Try to make peace with your spouse and agree that in court everyone will behave with dignity, and not scandal and quarrel.
Visit a family psychologist with your wife. The advice of a psychologist, if they do not help to save the family, then at least they will prepare you psychologically for divorce and help you part in a civilized manner.
Learn the legal issues involved in ending a marriage. You may need legal advice.
Prepare the documents necessary for a divorce in advance and hide them from your wife so that she does not destroy them in a fit of anger.
Discuss in advance with your wife issues related to child custody, the amount of alimony, the division of property. The ideal option is to write an agreement, which will spell out the decisions made by the spouses, and certify it with a notary. Then the trial will not drag on, and both will get what they expected.

Conclusion

So, dear men, now you know what you need to do to get a divorce. If you can’t save your family, then I advise you to start by talking with your spouse. Most likely, conflicts and quarrels will not be completely avoided. But remember that it is best to find a compromise in advance and agree with your wife on issues related to children and property. Explain that it will benefit both her and you.

Have you experienced divorce? Tell us about your experience in the comments!

A good deal will not be called marriage, but divorce is not an easy experience either. What is there, all that you go through, divorcing your wife, may remain in your memory as the most difficult experience of your life. However, even if everything is difficult and unpleasant, you can divorce your wife with a minimum of negative consequences - if, of course, you remain calm and sane.

Steps

Part 1

make up your mind

Think about the problem in your relationship - serious or not. A serious problem is one that causes significant harm to both of you, but which cannot be solved. A serious problem means that you need to end this relationship as soon as possible. A not very serious problem, in turn, may well be solvable, and it is worth thinking three times before going for a divorce for a not very serious reason.

Be honest and realistic. Divorcing your wife will hurt both of you, even if you part amicably. If you find yourself dreaming of a perfect future and wanting to divorce your wife just to further that dream, stop and think again.

If it makes sense to ask for help - contact. If you have a problem from the category of frivolous, then try to fix everything together with your wife. Contact a family counselor and see if the relationship can be improved.

File for divorce. If you are clearly convinced that divorce is the best way out, then file for divorce and don't look back. You need certainty, so if your decision to divorce now seems right, then stick to it and do not regret it in the future.

Part 2

Plan ahead

Tell someone. Once you start divorce proceedings, find someone you can confide in—say, your best friend to support you. It is clear that this Not it must be your wife or one of her friends. A friend, relative, or even a therapist are good options.

Consider where you will live. If you leave home, then you will need to find a place where you will live. If you can't build long-term plans, consider at least where you will live in the first time after the divorce. Please note that the location you have chosen must be available to you for at least a few months.

Think again what exactly you are waiting for. As a rule, even if you need to “live apart for a while”, the case ends up in a “divorce”. Think about whether this is what you want, whether this is what you are waiting for, whether this is the best option.

Make a list of everything that has been acquired together. Everything that you have acquired in marriage - valuables, assets, real estate, movables and so on. Think about how you will share it all later.

Find all your documents. Yes, including a copy of the marriage certificate, not to mention everything else. Make copies and keep them somewhere safe (not in the house), which is especially important if you think the divorce will be problematic.

Open your own bank account. If you and your wife have a common account, or she has access to your personal account, then secretly open another personal account from your wife and start receiving salaries and other income on it.

Put away everything that is dear and dear to your heart in a safe and secure place. Perhaps if you trust your wife, this is not required. However, if the bad feeling doesn't leave you, then it would be wise to move everything that your wife can break or use against you to a safe place.
- Most importantly, make sure that everything that you have removed from the house belongs to you and is not jointly acquired. Gifts and things inherited are just that.
Hide all weapons, and anything that passes for a weapon. Again, if you trust your wife, you can leave the gunshot at home. Accordingly, if you feel in your gut that your wife is capable of anything, then remove all weapons from the house, so much so that the wife does not know about it.
- Of course, you can be piously sure that your wife will not aim a gun at you. However, she may very well do something bad to herself after you leave. If there is even the slightest chance that the wife will act in such a way, take the weapon out of the house.
Make duplicate keys. This, by the way, is universally useful advice, no matter what your spouse is by temperament a woman. Make duplicate keys to your house, car, and everything else that matters. Give the keys to a trusted friend or other person you can trust.

Know when it makes sense to contact law enforcement. As a rule, this is not necessary, but if your wife has already threatened to roll a statement on you in the past (and a false one), then it is quite possible that when she hears about a divorce, she will take it and do it. Accordingly, it would be appropriate to warn the police that you have received relevant threats in the past.

Part 3

Tell your wife (and kids) everything

Write a script. Plan out everything you say to your wife before actually confronting her with the fact. A script and a good memory will come in handy, believe me. Remember everything at least in general terms, without losing sight of anything important.

Warn a trusted friend. It is possible that soon after talking with your wife, you will need his help. The main thing is to warn the person in advance about when you will talk to your wife so that he is ready to help you.

Prepare a thoughtful plan. No need to put the wife before the fact at random moments. Consider when, where and under what circumstances. Organize everything so that your wife has time to listen to you, but until then - do not tell her anything.

Be calm, follow the script. Sit down with your wife somewhere and go ahead, act according to your scenario. Yes, she will react emotionally, but still try not to let the conversation turn into screams. Remain calm, be objective and detached.

Tell the children if you have them. If there is, then think about how exactly you will explain to them that mom and dad will no longer live together. If it seems to you that the wife will turn the children against you, then sit down with them somewhere in advance and explain everything to them so that the wife is not around.

Part 4

And leave the house immediately. Having told your wife that you will no longer live under that roof with her, leave. That same evening, preferably (packing your bags and all).
- If you stay under the same roof with your wife, it will turn out that you yourself are asking for trouble. The atmosphere will heat up at the moment, and there are not far from problems. By the way, if it is you who owns the housing, then your wife will have to leave - and this is already a separate round of the corresponding difficulties, which this article does not talk about.

Last modified: January 2020

Lawyers in their practice often have to deal with issues that do not have an unambiguous solution. These include the divorce process, when one of the spouses does not want to terminate family relations. With the question of how to divorce a wife without her consent, they often turn to law firms in order to receive qualified assistance and sort out the situation with the least losses.

Is it possible to dissolve a marriage without the consent of the spouse, what documents are needed in order to get a divorce, what nuances this procedure has, and how the divorce process proceeds, will be described in detail below.

In what situations is it impossible to get a divorce without the consent of the wife?

There are two factors that will not allow a man to divorce his wife without her consent:

File for divorce will not work if the other half is in position.
Also, divorce without the consent of the wife will not work after the birth of a common child into the world and within a year after his birth.

In this situation, there is one important nuance that should be taken into account in the event of a decision to terminate marital relations. The ban on the procedure is valid if the child was born stillborn or died within a year after birth. Since the birth took place, according to the law, it is impossible to divorce during this period of time.

How to get a divorce through the registry office and by going to court?

You can get a divorce from your other half by contacting a civil registry office or going to court. To solve the problem through any of the noted instances, it is necessary to comply with a number of conditions, which will be discussed below.

Divorce through the registry office

In the registry office, a married couple can only divorce if they do not have common children and both spouses agree to the dissolution of the marriage. However, there is still a situation in which marital relations can be terminated without the consent of the other half.

It is possible if the wife is declared incompetent (if this fact has evidence), and also if the latter died, went missing or committed a serious offense for which she will be serving or is already serving a sentence in prison for more than three years.

But if the wife has no problems with the law, she is alive, healthy and in her right mind, the husband will not be able to divorce her through the registry office.

Divorce through court

If it is not possible to get a divorce through the civil registry office, this can be done by going to court. If the reason for the termination of family ties is not burdened by difficulties in relationships and common children, this issue can be addressed to a justice of the peace.

In case of divorce with aggravating circumstances, which are represented by the presence of common children and property disputes, a statement of claim should be filed in the district court. When filing a claim, one must take into account such an important point as the territorial division of courts.

Often there are situations when a married couple does not live together, so you have to apply to the court branch located at the place of residence of the defendant (wife). If the husband does not have information about the place of residence of his wife, he must clarify her address and apply to the judicial department, which is located at her place of residence. If a married couple lives together, it becomes much easier to divorce your wife without her consent through the courts.

It is important to know! You need to file a claim only in the judicial branch, which is located at the place of residence of the spouse.

How to file for divorce if you have children?

Based on the law, spouses can file for divorce, regardless of whether they have children together or not. But, if the husband decides to terminate the marital relationship with his wife, he will face difficulties caused by the fact that he and his wife have a common child or several children.

First of all, a man should be aware that he has the right to ask the judge to leave his children with him after a divorce. If the child has reached the age of ten, he can independently decide with which of the parents he will stay after they cease to be a family.

If a husband who decides to divorce his soul mate wants the child to stay with him after the divorce, especially in a situation where the wife is against the dissolution of the marriage, he needs to prove his solvency financially and in terms of the possibility of raising a child independently.

If the spouse is not opposed to the child remaining with his wife after the divorce, he can ask during the court session to determine the procedure for communicating with the baby. According to Russian law, a father has the right to communicate with his child despite his relationship with his wife. Even if they are far from ideal, the mother has no right to forbid the father to communicate with his child.

Drafting a claim and documents for the divorce process

After a man decides which organization he will apply to in order to dissolve the marriage, he needs to collect a number of documents that will be useful when considering and approving the claim.

The most important document required to initiate divorce proceedings without the consent of the spouse is well-formed claim. It must be written legally competently, convincingly, contain reliable facts and data, only in this case there is a chance that it will be considered and the case will be put into motion.

What is a claim? This document is in three parts:

First part. This section includes the name of the court in which the claim is filed, the name of the couple, their dates of birth, the place of residence of each of them, and the required information about children born in marriage.
Second part. In this part of the document, you should list information about the marriage, what family life was like and what is happening in it now. It is necessary to describe in detail the reason for the divorce and express your opinion on why the marriage should be dissolved - this is the most important part of the claim. In addition, evidence can be attached here that is relevant to the case and arguments supporting the position of the plaintiff. It should also be mentioned that the wife does not want to give her consent and therefore had to go to court. A man should include in this part his own version of the vision of resolving the issue with common children and the division of property, which equally concern both him and his wife.
The third part. In the third, final section, you should, in accordance with all the rules, ask to satisfy the claim. That is, here it is necessary to write your direct request for the termination of marital relations according to legislative norms. The application must be completed with the date and signature of the applicant.

It is necessary to support the statement of claim with a package of certain documents that should be collected in advance before the procedure.

The package of documents that should be attached to the statement of claim is presented:

a copy of the claim for the wife;
marriage certificate;
a copy of the birth certificate of the child or several children;
evidence documents that will be necessary to confirm the words specified in the application.
receipt for payment of state duty.

All of the above documents must be attached to the statement of claim, which should be taken to the court for consideration.

How is the divorce process going?

After the statement of claim is accepted, it is submitted to the court, and a copy of the document is sent to the applicant's wife, regardless of whether she gave her consent to the procedure. If the package of documents is in order, all the papers are legally correct and presented in full, the court takes them for processing and proceeds to consider the divorce case. This process takes approximately a month. Notices are then sent to both parties asking them to appear at the first court hearing on the termination of the marital relationship.

During the meeting, the judge will consider a package of documents and other materials that were attached to the claim. At the first meeting, the judge listens to the arguments of both parties, after which he will give the couple a conciliatory period of one to three months before making a final decision. This time is given only if the spouse does not agree to the dissolution of the marriage. However, there are also situations when the court recognizes that marital relations are really impossible and the decision on divorce is made immediately at the first hearing.

After the trial is over, in case of dissatisfaction of one of the parties, The decision of the judge can be appealed within a month. If both parties agree to the dissolution of the marriage, then they become free people after a month. To obtain a divorce certificate, you should contact the registry office with a court extract, after which an employee of the organization will make a note in the database and issue the necessary document.

Duration of divorce in case of disagreement of the spouse

Based on the above, it becomes clear that the court decision on divorce is made regardless of the consent of the spouse, and usually from the moment the lawsuit is filed until the receipt of the certificate of divorce takes place one to five months. The timing will depend on the circumstances of the case.

There are several nuances when the disagreement of the spouse can affect the timing of the dissolution of the marriage. These include the wife's failure to appear at the court session, a request for a conciliation period and an appeal against the final decision. All this will lead to the fact that by the standard monthly period it can be delayed for a long time.

In order to avoid such troubles, for example, if the spouse demanded a conciliation period, the husband must, even at the stage of drawing up the claim, indicate reasons supported by solid evidence that reconciliation is impossible. These include the inappropriate behavior of the wife or her addictions. However, this information should be supported by evidence, which is suitable for testimony.

Advice! In order to divorce his wife without her consent and avoid delaying the divorce process, a man must confirm the impossibility of reconciliation with evidence.

To avoid postponing court hearings if your spouse does not appear, you should notify her of the location of the hearing. If she acknowledges receipt of the subpoena and does not appear in court, the marriage will be dissolved without her presence.

Registration of divorce certificate

After the divorce proceedings are completed, this fact should be registered with the registry office. This procedure is mandatory, as it will allow you to terminate family relations at the legal level.

To register a court decision, you should contact the civil registry office, attaching to the court decision an application for a request to issue a certificate of divorce. You can register a document only after ten days after the entry into force of the decision. The certificate is issued within a month. The date of divorce on the document corresponds to the date of application.

The cost of a divorce

The cost of divorce without the consent of the spouse will depend on the cost of preparing a claim, the state fee and the amount charged for registering the procedure at the registry office. The fee charged for the consideration of a divorce suit is 600 rubles, and the registration of a fait accompli costs 650 rubles. The court fee is paid only by the plaintiff (husband), and each of the spouses pays the registration.

Results

Divorce is a difficult procedure that exhausts both physically and mentally, especially when the spouse does not want to terminate the official relationship.

If you cannot get a divorce without the consent of your wife, you must go to court. And even if the second half does not appear at the meetings, in the end the man will be able to get the desired freedom. Regardless of how long the trial will last, the result is the same - the dissolution of an obsolete marriage. To avoid scandals with your spouse and problems in court, it is better to peacefully resolve this issue with your wife by terminating family relations by mutual agreement.

One in five married couples is currently divorcing in our country. This can be caused by various reasons, including incompatibility of characters, lack of mutual understanding, and many other various reasons that eventually lead to divorce. In such a situation, the spouses have a question: how to file a divorce through the registry office as painlessly and quickly as possible? The most suitable option for these requirements would be to contact the Civil Registry Office (ZAGS). But it should be understood that divorce through this state institution is not always possible.

The concept of divorce

What is marriage, understand many. This is a union of the stronger sex and the weaker sex, registered by authorized state bodies, based on mutual understanding and love. Divorce, respectively, is the dissolution of this union or marriage.

Such measures are due to the fact that currently more than eighteen percent of married couples separate before having lived together for three years. Many in their passports have several stamps about marriage and its dissolution, many know how to file a divorce through the registry office. And although ending a union between a man and a woman is not particularly difficult now, requiring both spouses to file for divorce can in some cases save the relationship by giving the spouses extra time to think.

The term of the divorce process in the registry office

Of course, all divorcees are interested in the question of how long they will be divorced. The legislation establishes that no more than thirty days should pass from the moment the divorce application is filed to the moment when the registry office employees must provide a certificate of divorce. It would be possible to shorten this period, but the legislator decided to make it longer in order to give at least some time to a man and a woman to think about their act. It's no secret that a fairly large number of married couples turn to the registry office in emotional arousal, for example, after a quarrel. A period of 30 days allows the spouses to cool down and not make rash decisions.

The term of the divorce process is established by laws, it cannot be changed by anyone. If the spouse wants to extend this period, you will need to go to court. There, the case can take up to several months. For the desire of one spouse is enough. If the other does not agree to this procedure, the court will still be forced to dissolve the marriage. Although there are some exceptions and nuances in the judicial divorce process.

The practice of divorce proceedings in different regions of Russia

If the spouses decide not to divorce during the indicated period, then it is enough for them simply not to come to the registry office anymore for certificates of divorce.

The union will be preserved, but the state fee paid by the spouses will not be returned to them. If the couple does not change their decision during this time, then only one spouse can appear to receive a certificate of divorce.

But it is desirable to pay special attention to the fact that such a practice does not exist in all subjects of the Russian Federation. In some cases, in order for the marriage to be saved, after submitting the application, the spouses need to re-apply to the registry office and withdraw their application. If the spouses do not do this, then after 30 days the marriage is terminated automatically.

Divorce in the registry office on the grounds provided for by law

Divorce in the registry office for any of the previously listed grounds requires the provision of additional documents and the performance of certain actions.

When a family union is terminated with an incapacitated person, the second spouse needs to obtain the opinion of a psychotherapist. Instead of a legally incompetent, an application for divorce can be filed by his guardian, who is a legal representative, a certificate from the medical institution where the sick spouse is located can be submitted to the registry office.

When dissolving a marriage with a person sentenced to deprivation of liberty, it should be taken into account that such a divorce is possible if the term of deprivation of liberty is more than 3 years. This must be evidenced by the judgment of the court.

Termination of a marriage due to death will require the presentation of a death certificate of the spouse, and a divorce with a missing spouse - a certificate from the internal affairs bodies or a corresponding court decision.