State registration of divorce based on a court decision and in case of divorce through the registry office

After what period does state registration of divorce take place?

The period of time after which a legal divorce occurs depends on the authority in which the marriage ended.

When filing a divorce through the registry office

Divorce through the registry office is a simplified form of dissolution of family ties if at least one of the following conditions is met:

mutual consent of husband and wife;
absence of minor children;
initiative of a civil person, if one of the spouses is declared dead or incompetent, declared missing, or imprisoned by a court for a period of 3 years.

In this case, registration of the termination of marriage is carried out one month after filing the application for divorce, in the presence of the person who sent it.

When none of the spouses appears at the registry office on the appointed day, the previously submitted application is canceled. To get a divorce, you will need to re-submit the petition, pay the state fee again and wait an additional 1 month.

Also, the registry office has a three-day period from the date of acceptance of the application to notify the spouse who is serving a sentence, the manager of the property of a missing citizen, the guardian of an incapacitated person, etc., about the fact of receipt of the document and the date assigned for state registration of divorce.

Based on a court decision

Divorce through the court takes a longer time. To do this, you need to submit a specially executed document - a statement of claim, which, after being sent to the court, will be considered within several weeks to determine whether it can be accepted for proceedings.

If the document is drawn up correctly, it is accepted and a civil case is initiated. As part of this, the judge begins preparations and sets a court date.

This process takes a few more days. Then, if during the consideration of the claim the court does not have any additional questions and all the circumstances are established, it makes a decision in favor of the plaintiff. The act comes into force within 1 month. Only then can you send it to the registry office.

Thus, the entire divorce procedure through the court takes about 2 months. In addition, the judge may extend this period in order to reconcile the parties (up to three months). If the second spouse (defendant) drags out the consideration of the case in every possible way, it can be completed only after six months. Registration in the registry office is carried out on the day of filing a court decision.

The civil registry office records the act of divorce, after which it issues a certificate to each of the divorced citizens. This procedure is accompanied by affixing the appropriate stamp in the passport. This is indicated by Articles 37 and 38 of the Federal Law “On Acts of Civil Status” and paragraph 5 of the Passport Regulations.

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State registration of divorce

General information about the public service is provided by Chapter IV of the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status” (hereinafter referred to as Federal Law No. 143-FZ), the Administrative Regulations for the provision of public services for state registration of acts of civil status by the bodies carrying out state registration of acts of civil status on the territory of the Russian Federation, approved by order of the Ministry of Justice of Russia dated December 29, 2021 No. 298.

Place of provision of public services

State registration of divorce is carried out by the civil registry office at the place of residence of the spouses (one of the spouses) or at the place of state registration of the marriage.

Procedure and methods for submitting an application

With mutual consent to dissolve the marriage of spouses who do not have common children who have not reached the age of majority

,
divorce is carried out by the civil registry office.
Spouses wishing to divorce a marriage submit a joint application for divorce in writing in person or send the said application in the form of an electronic document through a single portal of state and municipal services and regional portals of state and municipal services to the civil registry office. The application for divorce, which is sent in the form of an electronic document, is signed with an enhanced qualified electronic signature of each applicant. This application can be submitted through the multifunctional center for the provision of state and municipal services.

In a joint application for divorce, the spouses must confirm mutual agreement to dissolve the marriage and the absence of common children under the age of majority.

Spouses wishing to divorce sign a joint statement and indicate the date of its preparation.

If one of the spouses wishing to divorce does not have the opportunity to appear at the civil registry office or at the multifunctional center for the provision of state and municipal services to submit an application for divorce, the will of the spouses can be formalized in separate applications for divorce. The signature of such an application by the spouse must be notarized, except for the case if the application is sent through a single portal of state and municipal services and regional portals of state and municipal services. The signature of a suspect or accused in custody, or a convicted person serving a sentence in a correctional institution, certified by the head of the place of detention or the head of a correctional institution, is equated to the notarized signature of the spouse executed on the application for divorce.

State registration of divorce is carried out by the civil registry office upon the application of one of the spouses wishing to divorce, if the other spouse

declared missing by the court;
declared incompetent by the court;
convicted of committing a crime to imprisonment for a term of over three years.

The spouse who wishes to dissolve the marriage signs the application and indicates the date of its preparation.

The civil registry office, which has accepted the application for divorce, notifies within three days the spouse serving a sentence, or the guardian of the incapacitated spouse or the property manager of the missing spouse, and in their absence, the guardianship and trusteeship authority about the received application and the date assigned for the state registration of divorce.

If a marriage is dissolved with a spouse who is incompetent or sentenced to imprisonment for a term of more than three years, the notice also indicates the need to report, before the date appointed for state registration of the divorce, the surname that he chooses upon dissolution of the marriage.

State registration of divorce based on a court decision

carried out by the civil registry office on the basis of an application from former spouses (one of them) or an application from the guardian of an incapacitated spouse. An application for state registration of divorce can be made orally or in writing.

An application for state registration of divorce can be sent to the civil registry office in the form of an electronic document through a single portal of state and municipal services and regional portals of state and municipal services. An application for state registration of divorce, which is sent in the form of an electronic document, is signed with a simple electronic signature of each applicant.

If one of the former spouses registered the divorce with the civil registry office, and the other former spouse applies to the same civil registry office later, information about this former spouse is entered into the previously made entry in the act of divorce. In this case, an extract from the court decision on divorce may not be submitted.

Former spouses (each spouse) or the guardian of an incapacitated spouse may, in writing, authorize other persons to make an application for state registration of divorce.

A spouse who changed his surname upon marriage to another has the right to retain this surname after the divorce, or, at his request, during state registration of divorce, he is assigned a premarital surname.

Duration of provision of public services

Divorce and state registration of its dissolution by mutual consent of spouses who do not have common children under the age of majority

, are carried out in the presence of at least one of the spouses after a month has passed from the date the spouses filed a joint application for divorce upon presentation of a marriage certificate, which is returned to the applicants with a note on state registration of divorce. In case of loss of the marriage certificate, if the state registration of the marriage was carried out by the civil registry office to which the application for divorce was submitted, presentation of a repeated marriage certificate is not required.

State registration of divorce at the request of one of the spouses

in cases provided for by Federal Law No. 143-FZ, it is carried out in his presence after a month from the date of filing the application for divorce upon presentation of the necessary documents and a marriage certificate. The marriage certificate is returned to the applicant with a note about state registration of divorce. In case of loss of the marriage certificate, if the state registration of the marriage was carried out by the civil registry office to which the application for divorce was submitted, presentation of a repeated marriage certificate is not required.

The date and time of state registration of divorce (by mutual consent of spouses who do not have common children who have not reached the age of majority, or at the request of one of the spouses in cases established by federal legislation) are established in agreement with the applicants and are indicated on the applications.

State registration of divorce based on a court decision

and the issuance to the applicant of the corresponding certificate of state registration of a civil status act in the established form is carried out on the day of the applicant’s application, subject to the presentation of all properly executed documents.

List of documents required for the provision of public services

1) in case of divorce by mutual consent of spouses who do not have common children under the age of majority

, - a joint application of the spouses, which is submitted in writing in person or sent to the body providing the public service in the form of an electronic document through the Unified Portal. The application for divorce, which is sent in the form of an electronic document, is signed with an enhanced qualified electronic signature of each applicant. This application can be submitted through the multifunctional center for the provision of state and municipal services.

If one of the spouses wishing to divorce does not have the opportunity to appear at the body providing the service or a multifunctional center for the provision of state and municipal services to submit an application, the will of the spouses can be formalized in separate applications for divorce. The spouse’s signature on the application must be notarized, except if the application is sent through the Unified Portal;

— in the event that one of the spouses is recognized by the court as missing, incompetent, or sentenced to imprisonment for a term of more than three years for committing a crime

, - an application for divorce, which is submitted by the other spouse in writing;

— in case of divorce based on a court decision

- application of the spouses (one of the spouses) or the guardian of the incapacitated spouse, verbally or in writing. An application for state registration of divorce can be sent to the body providing the public service in the form of an electronic document through the Unified Portal. An application for state registration of divorce, which is sent in the form of an electronic document, is signed with a simple electronic signature of each applicant.

Former spouses (each spouse) or the guardian of an incapacitated spouse may, in writing, authorize other persons to make an application for state registration of divorce.

The application is filled out using computer technology or handwritten in accordance with the Rules for filling out applications;

2) marriage certificate (in case of divorce of spouses who do not have common children who have not reached the age of majority, or divorce at the request of one of the spouses). In case of loss of the marriage certificate, if the state registration of the marriage was carried out by the body providing the public service to which the application for divorce is submitted, the presentation of a repeated marriage certificate is not required;

3) a copy of the court decision (sentence) that has entered into legal force in relation to a spouse recognized by the court as missing, incompetent, or sentenced for committing a crime to imprisonment for a term of more than three years (in case of divorce at the request of one of the spouses);

4) a court decision (extract from the court decision) on divorce, which has entered into legal force (in the case of divorce based on a court decision);

5) documents identifying the spouses (former spouses);

6) a document identifying the person authorized to make an application for state registration of divorce, and confirming his authority (in the case of state registration of divorce by an authorized person based on a court decision);

7) a document confirming the powers of the guardian of the incapacitated spouse (in case of divorce based on a court decision or addition to the record of the act of divorce regarding information about the incapacitated spouse).

Applicants have the right, on their own initiative, to submit documents confirming the content of the norms of foreign family law, which they refer to in support of their claims or objections, and otherwise assist the bodies providing public services in establishing the content of the norms of foreign family law.

The body providing the public service does not have the right to demand from the applicant:

submission of documents and information or implementation of actions, the presentation or implementation of which is not provided for by regulatory legal acts regulating relations arising in connection with the provision of public services;

submission of documents and information that are at the disposal of other bodies providing public services, other state bodies, local government bodies, organizations in accordance with regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, municipal legal acts.

Application forms

Application forms were approved by Order of the Ministry of Justice of the Russian Federation dated October 1, 2021 No. 201 “On approval of application forms for state registration of acts of civil status and Rules for filling out application forms for state registration of acts of civil status.”

Application for divorce by mutual consent of the spouses form No. 9

Application for divorce by mutual consent of the spouses (filled out by one of the spouses divorcing the marriage, who is unable to personally contact the body carrying out state registration of civil status acts to submit a joint application for divorce) form No. 10

Application for divorce (filled out by one of the spouses divorcing the marriage, if the other spouse is recognized by the court as missing, incompetent, or sentenced to imprisonment for a crime for a term of more than three years) form No. 11

Application for divorce (filled out by former spouses (one of the spouses) in case of divorce in court) form No. 12

Application for entering information about the former spouse into a previously compiled entry in the act of divorce and (or) for issuing an initial certificate of divorce, form No. 13

Application forms

Application for divorce by mutual consent of the spouses form No. 9

Application for divorce (filled out by former spouses (one of the spouses) in case of divorce in court) form No. 12

Application for entering information about the former spouse into a previously compiled entry in the act of divorce and (or) for issuing an initial certificate of divorce, form No. 13

An exhaustive list of grounds for suspension or

refusal to provide a public service Refusal to state registration of a civil status act or to perform another legally significant action is permitted in the following cases:

— state registration of a civil status act contradicts Federal Law No. 143-FZ;

— the documents submitted by the applicant do not comply with the requirements imposed on them by Federal Law No. 143-FZ and other regulatory legal acts.

An employee of a body providing a public service does not have the right to carry out state registration of acts of civil status in relation to himself, his spouse, his and his relatives (parents, children, grandchildren, grandparents, siblings). State registration of acts of civil status in such cases is carried out by another employee of the body providing the public service, or in another body providing the public service.

The provision of a public service is refused in the absence of documents necessary for the provision of a public service and to be submitted by the applicant.

At the request of an applicant who has been denied a public service, the head of the body providing the public service is obliged to inform him of the reasons for the refusal in writing.

Procedure, amount and grounds for collecting state duty for the provision of public services

The amount and procedure for paying state duty are established by Chapter 25.3 “State Duty” of the Tax Code of the Russian Federation.

The amount of the state fee in accordance with Article 333.26 of the Tax Code of the Russian Federation for state registration of divorce, including the issuance of certificates:

- with the mutual consent of spouses who do not have common minor children - 650 rubles from each spouse (receipt for payment of state duty);

- in case of divorce in court - 650 rubles from each spouse (receipt for payment of state duty);

- upon divorce at the request of one of the spouses if the other spouse is recognized by the court as missing, incompetent or convicted of committing a crime to imprisonment for a term of over three years - 350 rubles (receipt for payment of the state duty).

Payers pay the state fee when applying for other legally significant actions - before submitting applications and (or) other documents to perform such actions or before submitting the relevant documents.

The state duty is paid at the place of commission of a legally significant action in cash or non-cash form.

The fact of payment of the state duty by the payer in cash is confirmed either by a receipt issued to the payer by the bank, or by a receipt issued to the payer by an official or the cash desk of the authority where the payment was made.

The fact of payment of the state duty by the payer is also confirmed using information on the payment of the state duty contained in the State Information System on State and Municipal Payments, provided for by Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services.”

If there is information about the payment of the state duty contained in the State Information System on state and municipal payments, additional confirmation of payment by the payer of the state duty is not required.

Foreign citizens and stateless persons pay state duty in the manner and amount established by the Tax Code of the Russian Federation for individuals.

The specifics of paying state fees for state registration of acts of civil status and other legally significant actions are determined by Article 333.27 of the Tax Code of the Russian Federation.

The list of persons exempt from paying state fees for state registration of acts of civil status and performing other legally significant actions is determined by Articles 333.18, 333.35 and 333.39 of the Tax Code of the Russian Federation.

The return to the payer of the overpaid (collected) amount of state duty is carried out by the territorial body of the Federal Treasury on the basis of orders from the administrators of budget revenues on the return of revenues to the payer, taking into account the provisions of Chapter 12, Article 333.40 of Chapter 25.3 of the Tax Code of the Russian Federation.

The decision to return to the payer the overpaid (collected) amount of state duty is made by the territorial body of the Ministry of Justice of Russia in cooperation with the civil registry office at the place of payment of the state duty in the manner established by the legislation of the Russian Federation.

In accordance with paragraph 3 of Article 333.40 of the Tax Code of the Russian Federation, an application for the return of an overpaid (collected) amount of state duty can be submitted within three years from the date of payment of the specified amount; The refund of the overpaid (collected) amount of state duty is made at the expense of the budget into which the overpayment was made, within one month from the date of filing the application for refund.

All actions related to checking information, sending all necessary documents and returning the overpaid (collected) amount of state duty must be carried out before the expiration of the month period established by the Tax Code of the Russian Federation from the date the payer submits an application for the return of state duty.

The state fee paid for the state registration of divorce is not refundable if the state registration of the corresponding civil status act was not subsequently carried out.

Result of the administrative procedure

The result of the provision of public services during state registration of a civil status act on divorce is the compilation of a corresponding civil status entry in the Unified State Register of Civil Status Records and the issuance to the applicant of a certificate of state registration of a civil status act or a notice of refusal of state registration of a civil status act.

Documents issued to applicants

The forms of certificates were approved by Order of the Ministry of Justice of the Russian Federation dated August 13, 2021 No. 167 “On approval of forms of certificates of state registration of acts of civil status and Rules for filling out forms of certificates of state registration of acts of civil status”;

Upon state registration of divorce, a certificate of divorce is issued.

A certificate of divorce is issued by the civil registry office to each of the persons divorcing the marriage.

How to register a divorce?

To initiate a divorce, all that is required is the written desire of the husband or wife. When both spouses agree, the procedure is completed much faster. However, depending on the authority in which the divorce will have to occur, there are different algorithms for the actions of the interested person.

Procedure for the applicant

If the spouses do not have grounds to go to court, they can get a divorce in any department of the registry office, for this it is necessary:

draw up a mutual (with the consent of both) or unilateral statement (due to the circumstances described in the previous section of the article) on divorce;
pay the state fee in the prescribed amount;
submit the document in one of the possible ways (bring it in person to the registry office or MFC, send it by registered mail or electronically through the Internet portal “State Services”);
wait until the day you receive the divorce certificate and go to the registry office to receive it.

If there is one of the circumstances preventing divorce immediately at the registry office, the interested spouse must take several actions, after which the process of registering the dissolution of the marital relationship will be possible:

file a claim in court. This document is drawn up according to the rules of Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation, and is sent to the magistrate or district court (depending on the claim and the cost of the claim) at the defendant’s place of residence. This rule has one exception: if there is a child or a deteriorating health condition, the plaintiff can submit an application at his place of residence (Article 29 of the Code of Civil Procedure of the Russian Federation). The petition must be accompanied by documents confirming the plaintiff’s arguments;
if the claim is accepted and the applicant has received a ruling and notice of the date of the trial, he must appear on the appointed date for the hearing and confirm the previously made demand to dissolve the marriage with the defendant;
receive a court decision and wait for it to enter into legal force. This takes exactly a month from the date of preparation of the act in full (resolution and motivational parts). If an appeal is filed against the decision, it will come into force after the case is considered in the second instance and an act is also issued in favor of the plaintiff;
send the decision to the registry office to record the divorce. On the day it enters into legal force, the marriage is considered dissolved. But to complete the process, you must contact the civil registry office with a copy of the act, which will issue a certificate of divorce.

Spouses who have common children under 18 years of age or when one of them objects to the severance of the relationship or avoids appearing at the registry office are divorced through the court. Therefore, during civil proceedings in court, you can additionally declare the order of residence and upbringing of the child, and financial and property claims.

Procedure for the authorized organization

A divorce certificate is issued only in the relevant department of the competent authority - the registry office. To receive it, you must come on the appointed day, after filing an application for divorce in a simplified manner or after legalizing the decision.

Algorithm of actions of the registry office employee:

accept from the applicant an extract of the judicial act (which is issued within 3 days from the date of its entry into force) or the decision itself, as well as a receipt for payment of the state duty;
make an act of divorce by entering it in a special registration book;
Give your ex-spouse the original divorce certificate.

Which authority has the right to register a divorce?

According to Part 1 of Art. 35 of Law No. 143-FZ of November 15, 1997 “On Civil Status Acts”, state registration of divorce is carried out exclusively in the registry office. However, making a decision on divorce does not always fall within the competence of this body. Art. 19 of the Family Code (IC RF) establishes an exhaustive list of cases

when the registry office has the right to consider applications for divorce:

the couple does not have common minor children, and divorce occurs by mutual consent of the spouses;
one of the spouses was declared missing in court;
one of the spouses is incapacitated;
one of the spouses is serving a sentence of imprisonment for a term of more than 3 years for a criminal offense.

In all other cases, the divorce case must be considered by the court, and the role of the registry office is reduced to state registration of divorce.

Divorce at the registry office

The official separation of spouses through the registry office is the fastest and most convenient way to end a marriage. Just 30 days - and both spouses can consider themselves free. However, not everyone can be divorced through the registry office, as there are mandatory conditions, which we will discuss later. A month is required : firstly, the necessary documents are not always ready by the day the application is submitted, and, secondly, often within a month the husband and wife change their decision and withdraw the application. To successfully complete the divorce process through the registry office, spouses need to collect the entire package of relevant documents.

In what cases does the registry office divorce?

According to the canons of Russian legislation, the civil registration department can accept an application for divorce only in two cases :

if both spouses agree and are ready for a divorce
if they do not have children together (or they are already adults)

All of the above is true when both spouses appear at the registry office to submit an application. It can be submitted by one of them in the following situations:

If the second spouse is officially declared dead or missing.
If you become incapacitated (by court decision).
If serving a sentence in a correctional colony of any type, provided that it is more than three years.

If the situation does not coincide with any of the cases provided for by law, an application for divorce should be submitted to the courts.

Which registry office should you submit documents for divorce to?

It does not matter at the place of registration of which of the spouses the corresponding application will be submitted (by the way, most often they have a common registration). You can also contact the registry office where the marriage was registered. There is only one condition for accepting the application - voluntary consent to divorce of both spouses . If one of them, for some reason, is not able to personally submit an application, he can transfer it through the second spouse or even send it to the address of the registry office by registered mail. But the signature of the absent person in this case must be certified by a notary or, in the case of serving a sentence in a correctional institution, by its head.

must appear at the divorce . One of them may not come only for a good reason, but their list is strictly limited:

Serious illness or injury.
Compulsory service in the armed forces.
Long business trip.
Living in a locality with limited transport links.
Staying in a correctional labor colony.

In any other case, the application will have to be withdrawn and resubmitted when both spouses are ready for this.

What documents need to be prepared?

The corresponding application is filled out - form 8 , if the spouses write it together, or form 9 , if one person writes it alone. The document must indicate the passport details of both participants in the process, date and place of birth, nationality and citizenship. Be sure to add the registered and actual address (if they differ), information about the marriage, and last names after the divorce for each spouse. The date and signatures of the parties are included. The application is assigned a registration number and a corresponding note is made.

Additional documents you will need are copies of passports, a marriage certificate (original) and a receipt for payment of the state fee, which is equal to 650 rubles. It is paid for by both spouses.

If the other party is considered dead or missing , a court decision is added to the list of documents confirming this fact and entering into legal force. For cases where the spouse is in prison, you will need a copy of the verdict. A corresponding decision will also be needed when divorcing an incapacitated spouse.

Spouses' application for divorce at the registry office

When both spouses live in the same city , they can file for divorce at the place of registration of either of them . But there are situations when one of them lives far away - in another locality. In this case , there are several options for filing a divorce application:

Arriving in person to submit and register the document.
By sending the application by registered mail.
Filling out a special form via the Internet.

The latter is possible only by applying to the authorities in your region and provided that those divorcing do not have joint children under the age of 18 , disputed property and mutual material claims against each other. In some cases, the list of additional documents for the divorce application includes a copy of the marriage contract, as well as a property agreement, according to which there are no longer any claims.

Sample application:

Divorce procedure through the registry office

Spouses submit an application in the prescribed form and additional documents to it. Perhaps the registry office employee will ask you to provide other papers if the situation requires it. You are then given a period of thirty days (30 days) to confirm your decision. Many couples manage to change it and decide to give the family a second chance. Then the application is withdrawn and the process is automatically terminated. If this does not happen, the spouses are considered divorced and receive documents confirming this fact. A divorce application may be rejected if the spouse is pregnant.

Submitting an application online

In order not to waste time, it is possible to file for divorce via the World Wide Web. This can be done in two ways:

The first is to fill out a special form on the government services website. But there is a nuance - it will be possible to submit an application only if such a form is available on the website of the very registry office where the participants in the process generally have the right to submit an application.

The second is to find a company that specializes in this area (divorce proceedings) and submit an application there. We need a company that belongs to the relevant region. You will need to register, enter all the data that is relevant to the case, leave your contact details, fill out a standard application form and confirm that the application was submitted legally. What exactly is needed to confirm your identity will be indicated on the website.

Registration of dissolution of the union through online services

Art. 35 of Law No. 143-FZ allows filing an application for registration of termination of marriage electronically. To do this, you can use the State Services portal by going to the appropriate section and selecting the option,

most suitable for your case:

divorce by court decision if there are two applicants;
judicial divorce on the initiative of one plaintiff;
simplified divorce through the registry office by mutual consent of the parties.

Next, you need to log in to the portal, fill out the proposed electronic application form, certify it with your simple electronic signature, pay the state fee, wait for the spouse to fill out and certify his copy of the application through the Personal Account (for the first and third options) and visit the registry office on the day assigned to you by the system. On average, registering a divorce through the State Services portal takes no more than 30 days.

If you do not have an electronic signature or registering a divorce through State Services does not suit you for other reasons, you can contact. Please note that the list of services provided by MFCs in different cities of Russia may vary.

The procedure for dissolving a marriage through the registry office

To get a divorce through the registry office by mutual consent, it is enough to come to this organization with your spouse and fill out an application in form No. 8. You need to attach your passports, a receipt for payment of the state duty and the original certificate of your marriage to it.

Filing an application for unilateral divorce is submitted using Form No. 9. In this case, a copy of the court decision confirming the existence of grounds for a unilateral divorce through the registry office is added to the list of required documents.

The application must be submitted to the registry office at the place of registration of either spouse or to the same body that registered your marriage. It is also possible to submit such an application electronically through the State portal.

After the application is accepted, the decision on divorce will be made within one month. After it is issued, a corresponding entry is made in the civil registration book and the spouses are given a certificate of termination of their marriage.

Divorce in district court and other nuances of divorce

We will tell you about divorce in the district court from the spouse’s side. Almost everything is similar for the female side. And so, judicial proceedings make it possible to solve the problem of divorce in cases where the wife does not give her consent to the official severance of the relationship, or makes demands regarding joint children or common property.

As a general rule, divorce is carried out before a magistrate. However, if there is a dispute about the division of joint property, about determining the place of residence of children, about the conditions of keeping and raising children, the divorce process is carried out in a district court.

In such situations, the court does not set itself the task of preserving the marriage, although the spouses are given a period of reflection. It is more important to understand the reason for the parties’ persistence and choose the most acceptable solution that would suit both parties to the proceeding. For example, with regard to determining the main place of residence of minors, the judicial authority must take into account the positions of the spouses and the interests of the children. Claims for the division of property acquired during marriage can be considered both as separate claims and as part of claims for divorce. In such situations, the key points in determining the share of each spouse are : legal grounds (provisions of the Family Code), as well as the interests of the children.

When can you not divorce without your wife's consent?

It is worth noting that the husband’s desire to divorce is not always enough for the court to make a positive decision. For example, a judicial authority has the right to refuse to satisfy a man’s wishes to divorce his wife if there are the following grounds:

if at the time of going to court the wife is carrying a child together;
if the spouse is on leave to care for a common child less than a year old. This restriction remains in effect for a year even in the event of a stillbirth or the death of a newborn.

The procedure for applying to the court

To divorce your wife without her consent, you must contact the appropriate magistrates' court at the place of residence of both spouses or one of them. The application indicates required for such claims, as well as the grounds that forced the husband to divorce, for example, refusal to voluntarily terminate the marital relationship through the registry office, the impossibility of further cohabitation due to non-participation in the common life of one of the spouses and other reasons. In addition, in the main part of the claim, you can indicate information and circumstances that are important, from the applicant’s point of view.

The statement of claim, when filing an application with the district court, is also drawn up in 2 copies with the following documents attached:

marriage certificates;
copies of the plaintiff’s identity document;
birth certificates of a common child (children);
other documents relevant to the resolution of the case.

Sample statement of claim for divorce with division of property:

Making a decision

If the husband’s demands are limited only to the demand for divorce, and the wife, who previously did not want to get a divorce, changes her mind in court and agrees to the divorce, the process will not last long.

Otherwise, the spouses are given time to think about the situation and make a decision. The maximum period given to spouses for reflection is three months. After the expiration of the period for reconciliation, the court will make a final decision on the case.

Since modern legislation provides complete freedom of choice to married couples, there are no grounds for refusing to satisfy the plaintiff’s demands, other than those provided by law.

Moreover, deliberate failure to appear in the courtroom to consider a divorce case is considered not as a reason for refusing to satisfy the requirements, but as a manifestation of disrespect for the court and a complete lack of interest of the defendant in the outcome of the case.

In cases where both parties to the case fail to appear at the court hearing without providing information about their whereabouts and valid reasons for failure to appear, the civil case is subject to termination . Then, in order to resume the divorce procedure, the plaintiff will have to file the claim again.

Spouse's rights

Even in cases where a positive decision is made in the case, the ex-husband should not forget about the wife’s right to appeal the court decision within the period established by procedural legislation.

In addition, there is always the possibility that a woman, previously declared missing, will suddenly appear and apply to the judicial authority with a claim to cancel the divorce decree. Such situations, of course, are rare and unlikely, but more unusual events happen in life.

Without going to court, that is, by applying to the registry office departments, divorce is possible only in cases where the spouses do not have children born in marriage who are minors, and if there is mutual consent . When there are such children, or the initiator of the divorce is only the wife or husband, the divorce is carried out in court, as a rule, by justices of the peace.