Where to start the divorce procedure with your husband or wife?

Often ex-spouses refuse to communicate with each other. In this case, the party who is not the initiator of the divorce is in a vulnerable position. She may not have time to prepare the necessary documents and not get her own divorce. You can find out whether a divorce application has been filed. Let's find out how to find out if a divorce petition exists. Just be sure to keep in mind that each divorce case has its own nuances - do not hesitate to seek help from specialists.

How does a unilateral divorce happen?

During the divorce process, few people manage to maintain normal relationships. Many spouses complain that they are going to divorce them, but do not share any information about this. By law, the spouse who filed for divorce is not required to notify anyone about it.

Only the registry office or the court can divorce a married couple. A divorce can be filed through the registry office only if the following conditions are simultaneously met:

• there are no minor children in the family;
• the spouse agrees to the divorce.

Consent to divorce can be expressed in person.

When divorcing through the registry office, both spouses are notified of the fact of filing an application for divorce.

The situation is worse when the divorce occurs through the courts. One of the spouses can file an application for divorce. The set of documents submitted to the court includes a copy of the claim intended for the second spouse. This copy should be sent to him by mail. This is the method of notification provided by law.

However, there are often glitches in the mail delivery process. Court workers may make a mistake when filling out the address, and the letter may get lost. Finally, many people do not live at their official registered address, and all court correspondence, including that a divorce case has been initiated, is sent by the court there. Therefore, the question of how to find out whether an application for divorce has been filed is indeed relevant.

How to find out whether a husband or wife has filed for divorce at the registry office?

Submission of documents for divorce through the registry office is carried out only and exclusively in the presence of both spouses or when one of the spouses sends a notarized application, but subject to the appearance of the second spouse at the registry office for personal submission of documents.

You can unilaterally dissolve a marriage in the registry office if:

• the husband or wife was sentenced to a prison term of 3 years or more;
• one of the spouses is declared missing or incompetent.

If you do not belong to the listed categories, then you can rest assured - without your participation, your spouse will not be able to submit documents for divorce to the registry office .

Find out more about the procedure for divorce through the registry office.

Why do you need to know that a divorce claim exists?

Filing unilaterally for divorce is possible, and the other spouse may well not be aware of it. The question arises: why, exactly, find out about this? In parallel with the divorce, the court can decide a number of important issues:

• assignment of alimony;
• resolving property disputes;
• establishing the place of residence of children.

It is rare for spouses to reach agreement on all these issues. You have to defend your rights in court. To do this, it is better to hire a professional lawyer or at least have time to prepare for the court hearing yourself. At a minimum, to protect your rights in court, you need to know the date and time for which the divorce case is scheduled.

Can my marriage be dissolved without my participation?

Thus, many marriages are dissolved without the participation of one of the parties, sometimes only because they were not aware of the court case.
But it is worth understanding that if the decision on divorce has already taken place, the unknown defendant has every right to cancel it, but in the end the marriage will still be dissolved, the only question is time. Russian legislation does not allow one of the spouses to be forced into marriage, against his will. Courts often invite the plaintiff to provide the spouse’s phone number, email address, and send a telegram at his own expense about the date of the court hearing to his address in order to notify him of the court hearing by any means. If information about the consideration of the case in court by the defendant is received, the risk of overturning such a court decision is reduced tenfold.

An experienced divorce lawyer will help you not only find out about the divorce in advance, but also warn you against possible risks during the division of property and the emergence of disputes about the upbringing and maintenance of children. Preventive legal assistance, as well as medical assistance, will help overcome the process more easily and with minimal losses.

How to find out that a divorce lawsuit has been filed in court

If you suspect that a divorce claim has been filed in court, but you do not receive a notice of this, you should try to find out the information yourself. Information about filing an application is in court, and you need to apply there with a request.

A claim for divorce can be filed in the magistrate or district court at the place of residence of the plaintiff or defendant.

As a general rule, it is customary to go to court at the place of residence of the defendant, but this rule may be violated due to the plaintiff having minor children, illnesses and other reasons that allow him to go to court at the place of his own residence.

To accurately find out the answer to the question of whether a claim for divorce has been filed, you will have to apply for information to four courts: two world courts and two district courts at the addresses of residence of both spouses. The magistrate's court hears cases of divorce if there are no disputes between the spouses about children and the division of property worth more than 50 thousand rubles.

To find out what exactly the second spouse wrote in the application, you will have to check all four courts. You can also get information about the existence of a claim in court by telephone, but it is better to go there in person. On the website of the State Automated System of the Russian Federation “Justice” you can find out which magistrates’ and district courts serve the residential addresses of both spouses. If, in addition to registration at the place of residence, one or both spouses have registration at the place of residence, the number of ships that will have to be checked may increase.

Sometimes one of the spouses does not know that he is already divorced. If the defendant fails to appear at the court hearing three times, and the case of alimony is not being considered at the same time as the divorce, the court makes a decision in his absence. You can find out about the fact of an already completed divorce at the registry office at the place where the marriage was registered. The court must inform them about this.

You can also check this information on the Internet. To do this, you need to search one by one on the website of each of the courts to which the ex-spouse could file an application. All sites are of the same type, so it’s not difficult to understand them. You need to go to the “Case Review” section and search for information on cases by entering your last name. The search results will display information about all scheduled and held meetings where you were a party to the case or one of your namesakes participated.

Few Russians have the necessary knowledge and experience to properly interact with the courts and assert their rights in them. When conducting divorce proceedings, we recommend hiring a lawyer. He will also be able to find out whether a claim was filed in court.

Sources:

Order of the Ministry of Justice of Russia dated December 28, 2018 N 307 “On approval of the Administrative Regulations for the provision of public services for state registration of acts of civil status by bodies carrying out state registration of acts of civil status on the territory of the Russian Federation” (Registered with the Ministry of Justice of Russia on 10.01.2019 N 53284)

RF IC Article 21. Divorce in court

Can the court divorce spouses without the knowledge of the wife or husband?

According to the current legislation of the Russian Federation, the court is obliged to notify the other party of a hearing at which a decision on divorce will be made. But the opposite situations happen. Then the divorce claim is granted after the third hearing, unless the court is informed of a valid reason for the absence.

Typically, the search for the defendant is carried out only if a request for alimony is filed. The police are sent to the defendant's place of residence if he has been notified of the date of the hearing.

What to do if a divorce has been carried out

There are cases when the defendant did not receive a summons, the divorce proceedings proceeded without him, and the divorce claim was granted. These are exceptional moments in judicial practice, but they do occur.

In this case, the spouse can restore his violated rights and appeal the decision within 7 days after receiving it.

If the plaintiff is still against divorce, then after the expiration of the period given for reconciliation and after the last hearing, the plaintiff’s request for divorce will be granted.

Challenging a court decision

If a situation arises where the marriage is dissolved without the knowledge of the second spouse, he has the right to protect his rights and appeal the decision.

• It is important to contact the department as early as possible so as not to miss the deadline for filing an appeal;
• To challenge it, you must file a complaint in the same court where the decision was made.

The complaint must be drawn up taking into account all the registration requirements. You can check with your local court office or consult with a specialist.

• Evidence is provided that confirms the discrepancy between the factual information about the defendant and the information specified in the application by the plaintiff. For example, the defendant’s wrong place of work or residence;
• After filing a complaint and its satisfaction, repeat hearings are scheduled in the presence of both parties to the divorce proceedings.

Division of property and assignment of alimony during divorce

Divorce proceedings are often accompanied by the resolution of related issues:

• assignment of alimony payments;
• division of joint property;
• determining the place of residence of children.

Property disputes

The law allows for the division of joint property at any stage of the divorce process. How best to carry out the procedure depends on the amount of goods acquired and the relationship between the man and the woman.

Table No. 4 “Possible ways to resolve a property conflict”

When establishing property rights to common property, the following nuances are taken into account:

• values ​​acquired before marriage are not shared;
• objects received by one of the partners during the marriage through non-cash transactions are not subject to distribution;
• personal belongings become the property of the direct user;
• debt obligations are shared along with benefits;
• the children’s assets are transferred to the parent with whom the child will live;
• minors do not claim the values ​​of their mother and father.

Collection of alimony

The assignment of alimony obligations should occur immediately upon divorce, since ignoring issues of financial support is a direct violation of the property rights of children.

If the parents have not independently indicated in the claim the need for alimony, then the judge will initiate a resolution of this issue independently.

The judge may order payments as a percentage of official income or as a flat monetary amount. Therefore, interested parties should confirm the presence/absence of official earnings and its current size. The parent with whom the children will remain has the right to collect financial documents confirming the amount of expenses for the child.

Comments, clarifications and observations on the issue

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Alimony

The determination of the amount that one of the spouses will have to pay as child support, and the order of their payments, will be considered by the court either as a separate process, or together with the divorce procedure. To do this you need:

• apply to the magistrate's court with a petition containing information about divorce and alimony;
• determine which spouse will act as the defendant and which will act as the plaintiff.

If conflict situations arise, you need to file a claim for divorce in the district court and collect the list of documents required by it.

Divorce proceedings without children

Let's consider all the features of the divorce process without children.

Peculiarities

As mentioned above, a married couple without children together, depending on the circumstances, may divorce...

• through the registry office
• through the court.

Procedure

The divorce procedure consists of several successive stages, each of which involves a certain procedure:

Documentation

Documents for divorce through the registry office

• joint application of a married couple or separate statements of spouses with notarized signatures (you can see below);
• passports of spouses;
• Marriage certificate;
• a court decision (if a unilateral divorce occurs on one of the grounds provided for in Article 19 of the Civil Code of the Russian Federation) on declaring the wife or husband incompetent, missing or dead, on imprisonment for 3 years or more;
• receipt (payment of state duty).

Documents for divorce through court

• statement of claim for divorce (you can download a sample below);
• passports of the wife and husband;
• Marriage certificate;
• certificate of family composition at the place of residence;
• documents confirming all the essential circumstances set out in the statement of claim (for example, a certificate from a medical institution about bodily injuries, bank account statements);
• documents (legal, technical and appraisal) for joint property, if, simultaneously with the divorce, the court is considering a dispute about the division of joint marital property;
• receipt (payment of state duty for filing a claim).

Application for divorce without children. Sample 2021

Peculiarities

Divorce is a troublesome and not very pleasant matter. Therefore, spouses often make such a decision and quickly divorce, trying to erase each other from their memories. It is not uncommon for a situation to arise when one of the spouses does not want to get a divorce.

Often women only talk about the divorce process, but are in no hurry to actually carry out the action. If she nevertheless decides to proceed, then in the case of the claim she acts as a plaintiff. Accordingly, a copy of the claim is sent to the spouse. And at the moment of receiving such a document, he is notified of the commencement of a divorce action.

If a person does not receive any documents, then the claim was not filed or did not reach for certain reasons. To clarify this information, a person has the right to apply to the court at the place of registration. In some situations, you can clarify the information at the place of registration of the plaintiff.

If a man finds out about the divorce process, then there are several options for the outcome of events:

1. he has the right to agree to the claims;
2. he has the right to maintain family relationships.

This will depend on the wishes of the spouse. If the decisions coincide, then the court immediately makes a decision. If the positions are different, then the spouse voices the position in the court, and on the basis of this the court makes a decision.

As a rule, the authority gives time for reconciliation of the spouses if it considers it necessary. The maximum period for reconciliation is 3 months. In the absence of the possibility of a peace agreement, action will take place.

The law does not prohibit a spouse from filing a claim for an action. It is best to use the allotted time to minimize conflicts and disagreements. In any case, the claim is considered even if the second party objects.

This is regulated by the Constitution of Russia on the right to choose. Therefore, a man only has the opportunity to dissuade his wife from a rash act. This requires a re-examination after three months.

The court independently decides to postpone the hearing. If there is a need to preserve the family, then you can ask for this in court.

What documents need to be prepared for a divorce?

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

1. a completed application for divorce;
2. identity document of the spouses. Both a regular passport and an international 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;
3. a document issued to spouses after registering their marriage;
4. a receipt from the bank confirming payment of the state duty.

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

• a statement of claim that will be filled out in the correct form. It must clearly display the reasons that pushed the spouses to divorce and the circumstances that led to them;
• copies of the child’s birth certificate, if available;
• a document issued by the registry office after registration of marriage;
• receipts confirming payment of all necessary government fees;
• 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 the property.

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

General information about divorce

I want to divorce my husband, where to start?

Many married couples who decide to file for divorce have no idea how many difficult moments they will have to endure 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 the children and how often the second parent will be able to visit them;
• agree on alimony and the procedure for its payment.

All of the above is just a fraction of the problems that await spouses who have decided to take such a difficult step as divorce. In addition, only a small proportion of families begin divorce proceedings by mutual consent, which can smooth out rough edges. The rest will have to carry out the divorce in conditions as close as possible to “combat”.

You need to know that the husband does not have the right to file for divorce if:

1. his wife is expecting a child;
2. the child is under 1 year of age at the time of application.

Choose a place to submit your application.

Spouses who decide to file for divorce can choose two authorities capable of carrying out this process:

• carry out a divorce using the services of the registry office;
• divorce through 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 consent. If the decision to divorce is made by one spouse or any problems arise during the divorce procedure, for example, the spouses cannot agree on the place of residence of the children, the divorce will be carried out through the court. This body will thoroughly understand your case and make a decision on all controversial issues in accordance with current legislation.

Note! Divorce through court is a more expensive undertaking, both from a financial point of view and in terms of the time and effort spent on it.