Which court to file for divorce: jurisdiction over divorce cases

Divorce through the court is carried out in two cases: if there are minor children or one of the spouses avoids divorce. Depending on your requirements, the presence or absence of children, documents should be submitted to different authorities, and in some cases you are even given a choice. The determination of the specific court that will hear the case is called jurisdiction.

First, you should understand on whose territory, the husband or wife, the trials will take place.

Secondly, which court will hear the case: world or district.

This article will help you correctly determine jurisdiction and avoid mistakes when filing a claim.

In what cases is divorce possible only in court?

In accordance with the articles of the Family Code of the Russian Federation and Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 of 1998, divorce is carried out in court in the presence of the following circumstances:

one-sided desire to end the marriage;
mutual desire to get a divorce, but the second participant avoids visiting the civil registry office;
presence of common minor children;
desire to carry out a parallel division of joint property.

Exception:

unilateral termination of marriage with an incapacitated spouse;
unilateral divorce from a convicted person (punishment of at least 3 years in prison);
divorce from a person declared missing;
the absent spouse sends an application to the registry office with a request to carry out the procedure without his presence;
in relation to one of the partners, a decision was made to annul the judicial adoption;
deprivation/cancellation/denial of paternity;
The husband and wife decided to divide the property later (after the divorce was finalized).

When does a divorce take place in the Magistrates' Court?

According to the articles of Federal Law No. 188 of December 17, 1998 “On Justices of the Peace,” as well as in accordance with the provisions of the Civil Procedure Code, the termination of a marriage in a magistrate’s court will occur under the following circumstances:

mutual decision to end the marriage;
there is no dispute about children, which is confirmed by a signed notarial agreement;
a peaceful procedure for dividing property, but with a claim price of up to 50,000 rubles (it is necessary to submit a settlement agreement).

Procedure for divorce

Despite the fact that all issues of divorce are agreed upon in advance, one of the parties will act as a plaintiff, and the other as a defendant. The couple decides on their own who files the claim. The plaintiff must be prepared to pay the state fee, which is summed up based on the list of issues being considered.

Algorithm for making decisions on office work in the world court:

acceptance of the claim for consideration;
appointment of the chief judge;
determination of the date of the first meeting;
requirement of the parties to accept the terms of the settlement agreement;
waiting for the time allotted for reconciliation;
satisfaction of claims;
waiting for the time the court decision enters into legal force.

After entering into force, the court decision is sent to the territorial department of the civil registry office, where a note about the divorce is entered into the Record Book and 2 copies of the divorce certificate are prepared.

If, during the consideration of the case, one of the parties makes a request to cancel the settlement agreement and continue to consider the conflict on a general basis, then the court grants the request, but transfers the materials according to jurisdiction - to the nearest district court of general jurisdiction.

Required documents

In addition to the statement of claim, participants must submit the following documents:

passports;
confirmation of payment of state duty;
certificate of registration of marriage relations;
personal documents of each child (passport, birth certificate);
settlement agreement.

This is a required package. Additionally, documents confirming the legality of the claims are submitted.

Terms of consideration

The Federal Law “On Magistrates” states that the maximum length of time for proceedings is 3 months, of which 30 days are allocated for reconciliation of the participants. The court gives you the opportunity to change your mind and continue living together.

The plaintiff may file a petition to terminate the divorce case at any time before the decision enters into legal force.

Settlement agreement for divorce

How to take a child abroad if the parents are divorced?

What about common children and property?

This issue is usually parallel to the divorce process, which means the following. The parties can peacefully resolve everything that concerns their property relations and children's issues by concluding agreements on the settlement of mutual claims. In this case, you inform the judge about the results achieved by presenting the marriage contract, concluded contracts and agreements.

If there is no agreement on the specified nuances or you are in the process of making a decision, you can exclude them from the agenda by indicating neutral wording. If the other party acts similarly, the court will not touch the issues and will deal exclusively with the divorce. You will be able to enter into agreements or file separate claims later.

But situations are also possible when everything needs to be resolved in one lawsuit or in different but parallel processes. In this case, the issue becomes somewhat more complicated; a court case requires a lot of effort and time, and its size can amount to several volumes. Should we be afraid of this? No, it’s not worth it, statistics on court cases show that the number of such lawsuits is huge, and citizens’ problems are successfully resolved.

If you are unsure how to deal with these issues and are afraid of losing benefits and benefits, you can check with our lawyers for more information. An initial in-person legal consultation will cost you free.

When does a divorce take place in district court?

The district authority is authorized to consider paperwork related to various conflicts. Therefore, a divorce in a district court will occur under the following circumstances:

unilateral termination of marriage;
the presence of disputes about common minor children;
division of property is associated with conflicts.

Example from practice: Citizen O. and citizen K. decided to get a divorce; during their marriage, the couple had a daughter, S. The spouses turned to a notary to sign a settlement agreement. The contract specifies the terms of communication with the child, the place of residence of the daughter - with her wife, the schedule of visits and joint vacations with the father. The spouses were unable to resolve the issue of alimony amicably.

Citizen K. filed a claim in the magistrate's court, but the case was redirected by jurisdiction to the district court, since part of the conflict was not resolved peacefully.

The district court satisfied the terms reflected in the settlement agreement. Additionally, the issue of assigning alimony payments was considered. Based on the results, the father is obliged to pay monthly alimony in favor of his daughter in the amount of ¼ of the official income.

The father cannot file a petition for divorce if the spouse is at any stage of pregnancy or if they have a common child under 1 year of age. If the child was born less than 12 months ago, but died, a divorce at the unilateral request of the father will also not be carried out.

Procedure for divorce

Algorithm for the procedure:

filing a claim in court (in person, by mail, through a notary representative);
registration of the petition and appointment of the chief judge (maximum period – 3 days);
determining the date of the first meeting (no more than 1 month);
judicial debates (duration depends on the number of issues being resolved);
providing time for reconciliation;
making a final decision;
entry of the verdict into legal force;
transfer of the judicial opinion to the registry office for the production of a divorce certificate.

Required documents

Mandatory package of documents:

applicant's passport;
Marriage certificate;
receipt of payment of state duty.

Resolving disputes related to children:

personal document of the child;
court decision on adoption;
conclusion of the guardianship authorities on verification of the address of the child’s current and potential residence;
income certificate for each parent;
a certificate from the place of employment confirming the spouse’s employment;
a certificate from the child’s place of study (additional classes), which influences the establishment of a communication schedule;
financial documents showing expenses for children.

Grounds for changing or canceling alimony obligations:

expert opinion on assigning a disability group to a child;
a court decision to annul paternity (gives the right to divorce through the registry office);
medical documents of the parent liable for child support;
certificate of birth of another child from the payer;
statement of loss of official work.

Division of joint property:

list of material assets;
title documents for property;
conclusion of the official assessment of material goods;
technical documentation for objects.

Terms of consideration

The district judge must make a decision in the divorce proceedings within 4 months, without taking into account the time allowed for reconciliation between the parties. Depending on the reasons for the divorce, the court may set a period for reconciliation of 1-3 months.

The maximum period may be extended if additional checks and studies are necessary.

Illegal divorce

In the practice of divorce, situations arise when one of the spouses may complain of illegal divorce. For example, it happens that a decision is made without the participation of the wife when the family has a child under 1 year old. In such situations, it becomes necessary to recognize the dissolution of the union as invalid. This procedure is strictly regulated by law, which explains in what cases this can be done:

When the circumstances that are important for the consideration of cases are incorrectly determined.
If the circumstances playing a role in the case are not proven.
When conclusions are drawn that are inconsistent with the facts of the case

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Territorial jurisdiction for divorce

The decision on the territory of which locality will consider the dispute is made on the basis of law or within the framework of an agreement between the participants.
If the spouses have independently resolved all conflicts and continue to communicate, then they have the right to agree in which city the court proceedings will be considered. Otherwise, the plaintiff is obliged to send a statement of claim to the court located in the region of residence of the defendant.

Exception:

the defendant's residential address is unknown;
the applicant has minor children or incapacitated relatives in his care;
The plaintiff's health condition does not allow him to travel between different cities.

Jurisdiction of other cases related to divorce

Subject jurisdiction - the choice of whether the dispute will be heard in a district or magistrate judge, in accordance with the conditions for the termination of the marriage.

Jurisdiction of cases on division of property

A couple can appeal to the magistrates’ court if there are no disputes about joint ownership, as well as in the presence of a conflict, when the cost of the claim does not exceed 50 thousand rubles. Otherwise, the hearing will take place in a district court of general jurisdiction.

According to the law, the court can make one of the following decisions:

divide property in half;
establish different shares of spouses during division;
accept the terms of the signed settlement agreement, approving the individual procedure for the distribution of material assets.

In order to fairly divide property, the judge first removes from the general claim personal assets that are not subject to division. The joint benefits are then distributed.

Jurisdiction of cases of alimony collection

As a general rule, cases related to the assignment of alimony obligations are considered during the divorce. Avoiding the assignment of alimony is a violation of the interests of the child, therefore, even if this issue is not included in the claim, the court independently initiates its decision.

If in the future there is a need to review issues of monetary support, the applicant can apply to the court located at his place of residence.

Jurisdiction of cases regarding the child’s place of residence

The Civil Procedure Code establishes that claims related to establishing the child’s place of residence are sent to the court that is located in the child’s region of residence. If the plaintiff is the legal representative of the children, then at the place of residence of the applicant.

How long does a divorce case last and is it possible to shorten this period?

As the experience of our lawyers and attorneys shows, divorce usually takes from 2 to 4 court hearings. From here, accordingly, it can be calculated that the divorce process lasts from 2.5-3.5 months.

The period is long if the husband or wife is against divorce. It is unlikely that the period will be minimal if the case is handled by a lawyer who does not specialize in family disputes. The increase in time is due to errors and omissions that accompany the work of a non-specialist.

Sometimes the time frame may increase for other reasons. Let’s say that judges themselves often make mistakes, and then decisions need to be appealed to a higher court. The judge himself can make a correction if the omission is of a technical nature. It’s worth understanding the nuances of your case well and helping the judge avoid mistakes.

You can often find advertisements for law firms that offer a guarantee of minimum terms . Unfortunately, 10 times out of 10 it’s a scam. And you can easily verify this as follows. Ask such a lawyer to include in the contract for legal services for handling your case a clause on the return of fees in the case if your representative does not fulfill the guarantee! Under any pretext, you will be denied such a request, don’t doubt it...

Lawyer's answers to frequently asked questions

Where can I apply for divorce if I don’t know my spouse’s current place of residence?

The provisions of the Civil Procedure Code of Russia establish that a claim will be considered in the region of residence of the plaintiff if the applicant does not know the defendant’s residential address. It is important to consider the following factors:

lack of information about place of residence;
there is no information about the registration address;
There is no defendant at his last known address.

The petition must indicate the period during which the participants did not maintain a relationship. It should be noted that when checking the last registration address, the defendant no longer lives. It is better to additionally support the explanations of witnesses who confirm the absence of the citizen at the established address.

Which court should I file for divorce if my spouse is in prison?

Deprivation of liberty of a spouse does not exclude the right to unilateral divorce. In this case, the plaintiff must send the appeal to his personal residential address. This is due to the fact that the convicted person will still not be able to be present during the trial. But it is imperative to send the defendant notice of the upcoming divorce.

If the term of imprisonment exceeds 3 years, then the second partner has the right to initiate a divorce through the civil registry office. This can be done regardless of the presence of common minor children. Moreover, imprisonment for a period of 3 years or more gives the right to deprive a parent of paternity/maternity.