Time frame for divorce through court: how long does the process last?

In modern society, people get divorced almost as often as they get married. Divorce is much more unpleasant than registering a relationship. Everyday problems, different attitudes towards certain things, faded love, all these are the reasons why people break their marriage bonds. And it will take more time to issue and receive a divorce certificate than when registering a marriage. Therefore, it is worth finding out how long a divorce lasts and how to properly prepare for this process.

How long does a divorce last?

Even if you do not take into account the heavy moral burden under the current circumstances, you will have to spend a lot of time filing applications and waiting for a decision to be made. If it is not possible to save the family and misunderstandings continue, divorce simply cannot be avoided. There is a special procedure for dissolving a marriage. Submission of mandatory documents at the request of the court, provision of additional data, cost and deadlines - all this may differ and depends on the specific case. Therefore, it is worth considering in detail the two main divorce procedures provided for in the Russian Federation, namely through the registry office and in court.

Divorce from a foreign spouse

In recent years, the number of marriages of Russian citizens with foreigners has increased rapidly.
The number of divorces does not lag behind them - the difference in mentalities affects them. If the divorce occurs on the territory of the Russian Federation, then the procedure is no different from the unilateral divorce of Russian citizens. The only addition that will be required is translation of documents into Russian. It is unknown whether the country whose citizen has been divorced recognizes this legal fact. Everything depends on state legislation. Italy, known for its intolerance of family breakdowns, may well deny the legality of such a procedure, while France will consider divorce legitimate on its territory.

The same applies to cases where a Russian citizen got divorced on the territory of another state. If the dissolution of a marriage does not contradict the legislation of the Russian Federation, then the person will be considered free from family ties. Otherwise, the citizen will have to carry out the procedure in accordance with Russian laws.

At the stage of preparing a divorce through the court, experts strongly recommend contacting lawyers. They will help you competently take the first step - prepare a claim for divorce. You can do this through the website - use the feedback form at any time - write your question and our lawyer will answer it. The client will also be able to receive advice by telephone. Just during business hours and expect a call within 5 minutes. At the same time, complete confidentiality will be maintained - by sending data, you agree to its processing and storage, and the site administration guarantees reliable protection of information.

In addition to filing a claim, specialists in family and civil law will explain how to correctly draw up an agreement on participation in the upbringing and joint maintenance of minor children. They will help with the division of jointly acquired property - they will explain how property is divided, what is jointly acquired property and how to become owners of the majority of the property.

As life shows, divorce without the consent of the second spouse is quite possible. But you need to be prepared for the fact that the trial will take several months and will cost a lot of wasted nerve cells. Therefore, it is better to try to negotiate with your other half on a peaceful resolution of the situation, listen to his arguments and try to understand - maybe this person is right about something.

Divorce proceedings through the registry office

Getting a divorce through the registry office is the easiest and fastest way to end a family relationship. According to the deadline, from the date the spouses file the application for divorce, it takes one month. Not all couples have the opportunity to resolve the issue of divorce in this way. Only those people can use this option to solve the problem that has arisen.

which:

• came to mutual agreement to dissolve the marriage;
• do not intend to divide joint property while considering the issue of terminating family relations;
• couples who do not have children together or are already adults.

Failure to comply with at least one of these conditions leads to the need to consider the divorce in court.

All issues that arise between spouses during property disputes can be resolved in court in separate proceedings. Therefore, even if you have accumulated uncoordinated issues during the division of real estate, you can be separated through the registry office - to do this, it is enough to submit all controversial issues to a separate court case. The absence of a minor child and disputes allows you to calmly dissolve the marriage through the registry office within 30 days. When you submit your application, you will be given a date to come to the office to pick up your copy of your divorce certificate.

Time limits for appealing a court decision

The court decision takes legal force one month after it is made. An appeal is made through the appellate procedure through a higher authority:

1. The party files an appeal to the court that made the decision being appealed. The application is redirected after a series of procedural steps to the board of appeal for civil cases.
2. The appeal is considered for no more than 2 months. Based on the results, a ruling is issued to cancel the previous decision and order a retrial of the case.

How long does it take to get a divorce through court?

The main reasons for divorce through the court:

• reluctance of one of the parties to divorce;
• common minor children;
• property disputes that spouses wish to resolve simultaneously with the divorce.

Divorce in each specific case has its own nuances. And only after all aspects of the situation and details of the case have been studied, can we say exactly how long the divorce process lasts.

The duration and complexity of the trial is influenced, among other things, by the presence of common children under 18 years of age. Minors need protection. When divorcing parents, at the first meeting the court considers important issues, for example, with whom the child will live, how much will be the payment for child support, what will be the distribution of responsibilities for caring for him, and much more.

Many factors influence how long a divorce through the courts takes. The divorce process can take up to three months. If the situation worsens and various examinations are required, you will have to wait even longer.

For spouses who do not have children, the reason for litigation is usually the reluctance of one of them to get a divorce or the desire to immediately resolve all controversial financial issues. If the spouses do not agree to write a joint statement through the registry office, then it will not be possible to reach a compromise without the help of court proceedings. Usually, if there is a disagreement between spouses, the process is delayed for 3 months. The law provides for the possibility of the court setting a period for reconciliation of the parties, which is up to 3 months. This period is given to resolve the conflict. There are several reasons for filing such a petition.

It is issued in cases where:

• the spouse has a hard time with this process;
• the plaintiff did not provide documents and did not indicate the grounds for divorce;
• the plaintiff spouse did not indicate or confirm in court that the couple has no chance of reconciliation;
• divorce is complicated by temporary difficulties: it could be illness or financial problems.

Basic list of documents for divorce

Since it is impossible to get a divorce without a marriage certificate, in addition to it, the mandatory list of papers required for this purpose includes:

1. Application for a claim for the court or application for the registry office.
2. Information from the passport about the owner, his place of residence, as well as information from the section on marital status.
3. A check for the state fee for the court or for the registry office, depending on where the spouses sent the original documents.

What package of documents is submitted for divorce through the court?

A statement of claim for the termination of a marital relationship can be filed by one of the spouses in the magistrate or district court according to the registration of the defendant.

To apply to the court, it is necessary to prepare the following series of certificates and certificates:

• a claim explaining the reasons for the divorce;
• marriage registration document;
• birth metric;
• with the simultaneous filing of a claim for alimony, a salary certificate is required;
• check for payment of state duty

Photocopies of all these documents are also required. With all the options, it is impossible to speed up the divorce process. You will need to go through all stages of the process and wait to receive the divorce certificate. The calmest and simplest option, which will not last long, is divorce proceedings by mutual consent.

If there is no desire to save the marriage, then you should not delay the time longer, since it is impossible to resolve this issue in one day. The divorce procedure will last according to the time limits established by law. The less hostility and problems between the couple, the more civilized the divorce is formalized.

Reconciliation and refusal to divorce

If the court gave the spouses time for reconciliation, and it took place, the husband and wife must file a petition to terminate the proceedings. This can be done in advance, a few days before the hearing, or you can notify the judge about this at the hearing.

If a decision has already been made, it can only be overturned if there are compelling reasons. Information about reconciliation will not be enough.

It is necessary to justify the reason why the decision should be reversed. For example, you can refer to inadequate notification of the second party about the date and time of the meeting if the decision was made in the presence of only one party, or provide a certificate of illness or other compelling reasons for failure to appear.

Reasons why the divorce process may take longer

In addition to the division of property or resolving issues regarding children, a number of factors may also influence the extension of the period of divorce. It happens that one party deliberately stalls for time and avoids attending the court hearing. As practice shows, this is usually not a desire to save the marriage, but personal interests such as reluctance to divide property or resolve issues related to the apartment.

If the defendant fails to appear in the courtroom again (usually this is the third hearing), the court may make a decision on the severance of the marital relationship without his presence. But there are some nuances here too. The judge will not be able to make such a decision if papers are provided indicating a valid reason for failure to appear. This may be a sick leave, travel document or other document that confirms the reason for failure to appear in court.

Can a party to a case delay the divorce in court?

If one of the spouses categorically objects to the divorce and sets himself the goal of delaying the execution of the decision as much as possible, then he has a fairly large number of ways to delay the consideration of the case.

The most common reasons for increased processing times for divorce cases:

• Absence of the defendant in court for good reasons (treatment, business trip);
• Failure to appear in court for valid reasons and further cancellation of the default judgment;
• Filing petitions to obtain evidence or to order an examination (for example, in a dispute about children, a forensic psychological examination may be required to determine the child’s greatest attachment to one of the parents);
• Insistence on providing deadlines for reconciliation of the parties;
• Appealing a court decision.

You can avoid such methods of delay only by agreeing in advance with the defendant on a peaceful way to dissolve the marriage and try to reach a settlement of all existing disagreements. An experienced family lawyer can provide invaluable assistance in this case.

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State duty amount

The performance of legal actions by government officials working in the divorce area requires payment from the spouses in accordance with the rates defined in tax legislation. The amount of the mandatory fee is indicated in the table.

Fees for property disputes are assessed according to different principles. Their value depends on the value of the plaintiff’s claims. The formula for calculating the duty can be found in the table below.

Arbitrage practice

The case was considered by the magistrate of the Perovsky judicial district of Moscow at court site No. 293 in October 2010.

The wife filed a claim document in which she asked:

1. Break off marital relations with your husband.
2. Arrange for alimony for a minor child equal to 25% of the husband’s earnings.

The plaintiff indicated that the parties to the proceeding had no other disagreements, for example, property disputes, or regarding the upbringing of their daughter. At the same time, she did not allow the possibility of continuing the marriage relationship with her husband and was against reconciliation.

The defendant did not object to his wife’s claims and completely agreed with her demands.

Having examined the evidence presented by the parties, the court decided to fully satisfy the wife’s claims, namely:

• End the marital relationship.
• Assign alimony maintenance for the common daughter and oblige the ex-husband to monthly transfer 25% of his earnings in favor of the daughter.
• Oblige the defendant to pay a fee of 100 rubles.

Regulatory framework