Divorce with a minor child 2021

In legal practice in the field of family law, the concept of divorce is often encountered. But the word “divorce” is a more common concept that exists among the people. For the law, this word is synonymous with the termination of a marriage. By termination of marriage, the law understands the termination of cohabitation between spouses and the termination of any family legal connection between them for the future.

At the same time, the law does not consider the possibility of any further cohabitation relationships between persons. In any case, after the divorce procedure, the law will consider cohabitants only as separate subjects of law. Often this concept is in close contact with the child.

Divorce and children are usually an inextricable link in the divorce process in family law. At its core, this is the only morally significant component of this kind of process.

In any case, if any misunderstanding arises on the basis of family law, which is quite typical and complex, you should seek qualified family advice from lawyers.

Our specialists are always ready to help in a variety of difficult situations.

In particular:

Divorce through the court at the mutual desire of the spouses.
Divorce in the presence of children.
Division of property during divorce.
Support of divorce in the presence of a prenuptial agreement.
Drawing up a marriage contract.
Challenging and terminating a marriage contract.
Divorce when one of the spouses is imprisoned for a period of more than three years.
Challenging a divorce when the wife is pregnant and when the child is under one year of age.
Other legal advice on family issues.

Divorce procedure with minor children

Through the registry office

If the reason for the termination of the marital relationship is mental illness in one of the spouses, then before starting a unilateral dissolution of the marriage, the interested spouse must through the court obtain recognition of him as incompetent. The step-by-step algorithm of actions in this case is as follows:

Before applying to a judicial authority to satisfy their claims, the interested spouse should transfer 300 rubles to the state and prepare a list of documents, including: Extracts from medical records for the sick spouse.
Medical documents written and signed by treating physicians, such as a psychiatrist or psychologist.
Testimony of witnesses prepared in writing. They will be required if the personal presence of witnesses at the trial is not possible.

Submit a claim document to the judge in which you describe your spouse’s problems, namely: his inability to understand what is happening around him, as well as to manage his actions. Examples of how this is expressed should be given. A sample application can be downloaded from the Internet here.

As a rule, the evidence provided is usually not enough to convince the judge, so he issues a ruling ordering a psychiatric examination to check the defendant’s health. On its basis, the judge decides the issue of the defendant’s incapacity.

The judge's decision becomes valid by law only after 30 days from the date of its delivery in final form.

Next, the divorce is registered at the state registry office in the following order:

The interested spouse brings to the appointment a package of official documents, including: An application for termination of the marital relationship, drawn up in the ninth form. To fill it out correctly, you need to download the online application form from this link.
Own passport.
Judicial decision.
A document confirming the payment of funds as a fee.
Certificate of a registered family union.

An employee of the state civil registry office accepts documents from the list and sets a date for the next visit.

During the second visit, the spouse is given a certificate documenting the fact of severance of the marriage bond. Keep in mind that the family union is officially considered dissolved from the moment when an employee of the state civil registry office makes an appropriate entry in the civil registration book.

If the division of joint assets was not carried out before the divorce, then it can be legally formalized using an agreement. It is concluded between the former spouse who initiated the dissolution of the marriage, on the one hand, and the guardian of the incapacitated spouse, on the other hand. In addition, assets can be divided according to the terms of a valid marriage contract. If the parties to the agreement, for various reasons, were unable to avoid conflicts during division, then the division of material assets must be done by a magistrate or in a district court.

Please note that it will not be possible to collect alimony from an incapacitated ex-spouse, since he cannot of his own free will open a business, engage in investments or work, i.e. has no income.

In order to divorce a deceased spouse, you must complete the following sequence of actions:

Based on medical documents confirming the fact of death, you need to request the state civil registry office to issue a certificate in which an authorized employee enters information about the death of the deceased spouse.
Next, you should contact the registry office department that deals with divorce cases and bring with you the following papers: A handwritten application in form nine.
A certificate from the state civil registry office certifying the death of the spouse.
Applicant's passport.
A paper confirming the transfer of funds as payment for government services for a divorce.
Certificate of marital relationship with the deceased spouse.

If everything is in order with the documents and they are accepted, then in order to complete the administrative procedure for divorce, you must reappear at the appointed time and pick up a certificate of termination of family relations.

The division of property assets, for example, joint houses, cars, apartments and loans, including mortgages, in half or in another proportion does not occur in this situation. The fact is that the other spouse has the right to inherit part of the material assets belonging to the deceased spouse by right of ownership:

According to the will, if the deceased spouse indicated his other half as an heir.
Or by law as the heir of the first turn.

Due to the fact that the deceased person is not considered a subject of legal relations, the issue of paying him alimony benefits is automatically removed.

Before starting divorce proceedings with a wife or husband who allegedly died during hostilities, disappeared after a plane crash or shipwreck, you need to get the second spouse declared dead. The action plan in this case is as follows:

An application for a claim and documents are prepared to prove the maximum probability of the death of the other spouse, for example: Tickets for a ship or plane that crashed.
Other information from the carrier company that reliably indicates that the spouse was actually on board the crashed vehicle.
Documents from the Ministry of Defense confirming the presence of the husband or wife as a Russian military personnel in the combat zone.
Written testimony of witnesses certifying the fact that one of the participants in the family relationship has not lived at his place of residence for more than five years, and they do not have any information about him.
Materials of the police wanted case.
The cost of the fee for consideration of the claim document is paid, which is equal to 300 rubles.
A lawsuit is filed with a district court judge, in which the interested spouse must prove one of the following legal facts: The alleged death of the wife and husband in circumstances in which the occurrence of death is most likely. At the same time, there should be no information about them at their place of residence for six months after the occurrence of these circumstances.
Absence of any information about the whereabouts of the wife or husband in the place where he is registered for five years.
Lack of information about the spouse who was in the combat zone as a serviceman in the Russian army for two years after the end of the war.
If the evidence presented convinces the judge that the plaintiff’s arguments are justified, then he makes a positive decision in the case and declares the other participant in the marital relationship dead.
A judicial act is given legal force one month after its preparation in final form.

Then you need to go to an appointment with a civil registry office employee who deals with issues of termination of marriage relations. To properly file a divorce, you should follow the following instructions:

Bring with you a list of official papers, including: A personal statement on the ninth form.
A judicial act declaring the other party to a marital relationship dead.
Marriage certificate.
Passport.
A document evidencing payment for state registry office services for filing a divorce.

The division of property assets, for example, joint houses, cars, apartments and loans, including mortgages, in half or in another proportion does not occur in this situation. As a result of declaring a spouse deceased, the second participant in the marriage relationship receives the right to inheritance:

According to the will, if the deceased spouse indicated his other half as an heir.
Or by law as the heir of the first turn.

Due to the fact that a person declared dead is not considered a subject of legal relations, the issue of paying him alimony benefits is automatically removed.

To divorce a spouse who has been convicted of a criminal offense and sent to serve a sentence in prison for a period of time exceeding three years, the person concerned should follow the following procedure:

Visit the judge who issued the guilty verdict and ask for a copy to be made for the registry office.
Attach this copy of the verdict to the following package of documents and submit them to the registry office: Application in form nine.
Certificate of registration of a family union.
A check confirming payment of funds as a fee.
Passport.

Submit these papers to the employee of the state civil registry office authorized to formalize the dissolution of the marriage relationship.

Come again on the appointed date and pick up a document confirming the termination of the marital relationship.

Distribution of jointly acquired material assets during a divorce from a prisoner is carried out in accordance with the conditions:

Property division agreements.
Marriage contract.
Judgment.

If an alimony agreement has not been concluded between the parties to the divorce proceedings by mutual agreement, then the court, at the request of the interested spouse, will oblige the prisoner to pay alimony for the children.

To formalize the termination of family relations with a missing spouse, you should use the instructions below:

Prepare a statement of claim and documents confirming the applicant’s claims. These documents include: An extract from the house register confirming the fact of the spouse’s registration in a particular apartment or house.
Investigation materials from the police.
Written testimony from witnesses that the missing spouse has not appeared at his place of residence for more than one year, and they do not know where he is.
Information from the last place of work of a missing husband or wife.
Transfer 300 rubles to the state treasury account as a state fee for the claim.
The claim document must include a requirement: to recognize the spouse as missing.
Based on the documents submitted by the plaintiff, the judge makes a decision to satisfy his claims or to reject the claim.
The decision is given legal force thirty days from the date of its preparation in final form.

After the trial, the person interested in the divorce must go through the divorce procedure at the state registry office. This procedure includes:

Preparation of documents: Application written according to the ninth form.
A judicial act recognizing the second participant in family relations as missing.
Applicant's passport.
A receipt for the transfer of state duty for the services of the state civil registry office.
Marriage certificate for the missing spouse.

A return visit at the appointed time to the registry office for a certificate of dissolution of the family union.

The division of common material assets of participants in marriage relations occurs in accordance with the provisions:

Marriage contract.
Agreements on the division of material assets between the spouse and the person involved in managing the assets of the missing spouse on the basis of an agreement with the guardianship authority.
Judgment. Please note that in this case the property manager will act as a defendant.

The amount of child support allowance is calculated in the agreement between the ex-wife and the manager and is transferred in the form of property that is transferred free of charge to the children's property. In case of disagreement, the alimony issue is resolved in court.

Through the court

Termination of marital relations if the spouses have young children is formalized by a court decision. It does not matter whether one of the spouses objects to the divorce or not.

The procedure for divorce in the presence of children includes several stages:

Determination of the type of court authorized to hear the case.
Preparation of evidence and documents.
Transfer of documents to a judge with subsequent trial of the case.
Making a reasoned decision.
Preparation of a certificate of termination of family relations in state registry offices.

In terms of jurisdiction, cases of divorce fall within the competence of magistrates' courts and district courts.

Type of judicial authority	What cases does it resolve?
World court	Claims for divorce, if there are no disagreements between the participants in the marital relationship about the methods of upbringing and the future place of residence of the child. Cases on the division of common property if the value of the assets does not exceed 50 thousand rubles.
District judicial body	Other cases not within the competence of the magistrates' courts.

The law regulates jurisdiction, i.e. determination of the place of future proceedings, according to the following rules:

In most cases, claims are considered based on the location of the defendant.
According to the location of the plaintiff, claims are accepted only if he is seriously ill or supports a minor at his own expense.
By agreement of the parties.
If a Russian citizen and a foreigner get divorced, they can choose a Russian court to carry out the divorce procedure. It does not matter where the spouses live: in the Russian Federation or abroad.

Next, the interested party must write a statement of claim. It consists of 3 semantic blocks:

The top block includes information about the court and the parties to the trial: name of the court, full names of the parties, addresses and contact details of the court and parties to the trial.
The descriptive block includes: Information about the registration of the marriage: place, full names of the bride and groom, date. It fits into the document from the marriage certificate.
Information about minor children who are included in the claim from the birth certificate.
Reasons for breaking marital ties.
Information about the defendant’s disagreement with the divorce.
Circumstances indicating that it is impossible to maintain family relationships.
The presence or absence of an agreement on the order of upbringing and place of residence of the child.
Information about the alimony agreement, if one has been concluded.
Data on the jointly acquired assets of the spouses, if, simultaneously with the dissolution of the marriage union, the plaintiff plans to divide the property.
Links to legislative acts.

The resolution block includes:

A list of demands, for example, to dissolve the marital relationship and award child support.

A list of additional papers submitted to the judge along with the claim document.

Date and signature of the plaintiff.

Next, the applicant is required to pay a fee for the provision of judicial services, which is equal to 600 rubles. Alimony requests are considered free of charge.

The algorithm of actions of the judge during legal proceedings depends on the presence or absence of mutual consent of the participants in the marital relationship to terminate the marriage.

There is no consent to break the marital ties

Mutual agreement

First of all, the court clarifies the defendant’s position in relation to the claims presented to him. If the defendant does not want a divorce, the judge postpones the proceedings and sets a period of time not exceeding 3 months for reconciliation. If desired, the wife and husband can reduce it. To do this, you need to make a mutual petition and ask to reduce this period. At the second hearing, the judge again asks the parties for their opinions regarding the divorce. If the defendant or plaintiff is in favor of terminating the family relationship, then the court agrees to a divorce. At the second meeting, issues regarding the assignment of alimony and the division of common assets are also resolved.

First of all, the court will find out the answers to 2 questions:

Are the wife and husband sure that they should get a divorce?
Have a child support agreement been drawn up, as well as an agreement on the children’s place of residence and their upbringing?

If there are no agreements, then the parties can state their position orally. At the second meeting, the court examines the submitted agreements from the point of view of compliance with legal norms and the interests of children. If these documents were not transferred by the spouses, then the judge alone allows:

Question about the amount of child support.
Which parent will he live with?
To dissolve the marriage or not.
In what proportion should material assets and debts be divided between wife and husband?

The Family Code specifies that such divorce proceedings must be resolved within 1 month.

In the absence of a child support agreement, the issue of the amount of child support is decided on the basis of three factors:

Number of common children.
The consistency or instability of the defendant's earnings.
Earnings amount.

If the defendant has a stable, fixed income, then the amount of alimony benefits is calculated according to the following rules:

For 1 child, twenty-five percent of income is transferred.
For 2 children, thirty-three percent of the income is transferred.
For 3 children or more, fifty percent of the income is transferred.

If the defendant has unstable earnings, then the court is obliged to establish the amount of alimony based on the cost of living in the child’s region of residence. As a rule, in this case the defendant will pay money in a fixed amount.

When deciding which parent will raise and live with the child after the divorce process, the judge evaluates the following criteria:

Relationships between children and each spouse.
Financial situation of parents.
The opinion of a child, if he has reached the age of 10.
Each parent's work schedule.
Character of wife and husband.
Each parent's opinion on this issue.

A judicial act, which acts as a final decision in a divorce case, is of three types:

Recognizing the claims of the plaintiff and formalizing the severance of marital relations.
Refusing a divorce if the court finds circumstances that help preserve the marriage bond.
Terminating legal proceedings if the spouses reconciled during the process and decided not to dissolve the marriage.

The judge is obliged to send the divorce decision that has entered into legal force to the state civil registry office and to the former spouses. To do this, he is given 3 days from the moment the decision is given legal force.

Former participants in a marriage must come to the state civil registry office that registered the marriage or located at their place of residence with the following documents:

Application on the tenth form.
Extract from the judicial act.
A document confirming payment to the state treasury of the fee for issuing a divorce certificate.
Passport.
Marriage document.

At the appointed time, the former spouses must pick up from the registry office the certificates of termination of the marriage union prepared for them.

What to do if you have children

The presence of heirs significantly complicates the process. It's not just a matter of having to pay child support. It is difficult to establish a psychological climate. This requires wisdom and a clear understanding of the consequences of the step taken. Few people know how to behave correctly in a situation where there are children. You need to concentrate on solving a difficult problem:

Do not rush. A thoughtful decision will reduce the likelihood of enormous suffering. The children are painfully worried about their parents leaving the family. If a person is not aware of what he is doing, he can cause suffering to those close to him. The worst thing is when kids get involved in an unpleasant process. They lose trust in the world. Strong feelings can lead to withdrawal and aggressive behavior. Haste threatens to make a mistake. Careful thinking will help eliminate doubts.
Think through every step. There are situations in which you don't have to choose. Then you need to concentrate on what is happening. Try to reduce risks. The desire to think about children is commendable. The main thing is not to stop believing in yourself and taking care of your family. Sometimes it is better to reconsider a decision several times from different angles.
Avoid self-sacrifice. Parents often give up a lot for the well-being of their offspring. Such sacrifices are in vain and no one needs them. If a man wants to break up painlessly, he must clearly set boundaries. It’s a pity to leave children, but life doesn’t end after separation. Parental love is one of the most powerful feelings. Relationships can continue to be built. It is important to remain sincere.

Features of filing a claim in court

The plaintiff must evaluate two factors before sending the claim document to the judge:

Will there be a dispute with the other parent regarding the place of residence of their common child?
Will he share physical assets with the other spouse, and what is their approximate value?

The answers to these questions determine which judicial body will accept the claim: a magistrate or a district court.

A man intending to divorce should take into account that the court will refuse to accept his documents in the following cases:

The wife is on maternity leave due to caring for the baby, who is not yet 1 year old. It does not matter whether there is an eldest child in the family or how old he is. In any case, after the birth of a newborn and before his first birthday, the husband cannot initiate a divorce on his own.
Wife's pregnancy.
The death of a baby during childbirth or after it, if 1 year has not passed from that moment.

In addition, a wife raising a child until he reaches the age of 3 years or a disabled child until he reaches the age of 18 years can indicate in the claim a claim for his own alimony support.

Why do you have thoughts of ending your marriage?

You can think about breaking up at any stage. One or both partners feel that feelings have changed. Relationships, for whatever reason, are no longer satisfactory and do not bring joy. Claims against your partner accumulate, irritation increases, which is difficult to cope with.

Common reasons for thinking about breaking up:

the “spark” that was at the beginning of the union disappeared;
partners entered into relationships only to avoid loneliness;
the feeling that the partner is not the one destined for;
the emergence of feelings for another person.

If there is no longing for a partner, emotions have cooled down - the point in the relationship is logical, it’s time to end it.

It also happens that the couple is quite happy, there are no serious disagreements or quarrels. However, the feeling that something is missing and you want more makes you think about ending the relationship.

Crisis before the final or just fatigue?

The phenomenon of crisis can occur even in strong loving couples . It is important to understand the reasons, whether it is ordinary fatigue due to a number of circumstances, or signs that the relationship has come to an end.

Sign	Fatigue	The finale is approaching
The desire for loneliness.	The partner simply does not have enough time to be alone.	Joy from the upcoming business trip, separate vacation, despite periodic separations.
Partners stop missing each other.	Irritability due to fatigue from everyday life, routine, busy rhythm of life.	Worsening mood due to the imminent arrival of a partner, lack of desire to call or write a message. Other things or people are of greater interest.
Lack of joint plans.	Partners are leaders by nature; it is difficult for them to come to an agreement.	A man and a woman do not share plans, dreams, or ask each other’s opinions.
Quarrels become more frequent.	Spouses are emotional, accustomed to vigorously defending their rightness.	Clashes and squabbles happen every day, for no apparent reason, people stop hearing each other, and are not afraid of offending or even losing.
Manipulation.	In order to get attention or as a reaction to a quarrel, the desire to express resentment.	The partner takes the position: “You give me, I give you”, and regularly puts forward ultimatums.
Lack of support.	A partner is not always ready to agree with an opinion, decision, or plans, but this does not mean a desire to separate.	The desire to help even in small things is lost. Emotions and events in the life of a loved one are not interesting.

List of documents for divorce proceedings

It includes:

Claim document in 3 copies. A sample for writing it yourself can be downloaded here and here.
Marriage certificate.
Birth certificate for children under the age of majority.
Applicant's passport.
Alimony agreement, provided that it has been concluded. It is filed along with the claim if the plaintiff demands alimony from the defendant.
Agreement on the division of common tangible assets, provided that it has been concluded.
Title documents for property - sales and purchase agreements, court decisions, privatization agreements, inheritance certificates.
Supporting documents – certificates of registration of rights to residential premises and other real estate.
Documents from appraisers regarding the value of material assets.
Loan agreements, mortgage agreements, promissory notes and other documents on debts, if the plaintiff demands to divide debt obligations.
Certificates from the defendant’s employer about the amount of his earnings or a tax return. They are necessary when determining the amount of alimony maintenance.
Agreement on the place of residence of minor children, if one has been concluded.
Documents confirming the transfer of fees for judicial services to the state.

Determining place of residence: who will the children stay with?

According to established practice, young children most often remain with their mother after a divorce.

This is because a child under 10 years of age primarily needs the care of the mother. Children under 3 years of age certainly remain with their mother, unless there are exceptional circumstances that pose a threat to the health and development of the baby.

These include cases where the mother:

evades responsibilities for his maintenance and upbringing;
was held accountable for failure to fulfill the duties of a parent;
leads an immoral lifestyle (drinks, uses drugs);
does not have the opportunity to ensure decent development and upbringing of the child.

In the event of a mother’s dishonest behavior towards her own child, the father has every chance of keeping the minor, regardless of his age.

Moreover, if there are several teenage children, the court may well decide to leave the daughter with the mother, and the son with the father, or even vice versa. The preferences of the children, their hobbies, the financial support of each parent and other factors are taken into account.

It is older children, teenagers, who most often stay with their father:

they often express this desire themselves.
at this age, significantly more funds are required to support children (education, clothing, accessories) and it is due to high material well-being that the courts can decide to transfer the children to the father.

Read more in the article “What to do if the husband wants to take the child away during a divorce.”

State duty amount

State body formalizing divorce	The amount of money paid by the applicant or plaintiff
Court	600 rubles – divorce proceedings in court. Alimony claims are free for the plaintiff, and 150 rubles for the defendant if the case is lost. Additionally, each participant in the marriage union is required to transfer 650 rubles for the production of a certificate to the state registry office.
Civil registry office (unilaterally if there is a common child)	350 rubles per interested person.

Situations when it is possible to solve the problem through the registry office

Dissolution of a marriage through the registry office requires compliance with certain conditions. Otherwise, you won't be able to get a divorce. The first thing that is required when divorcing a marriage by mutual consent is the presence of both parties during the filing of documents.

It is recommended to agree in advance on the day and time of your visit to the authority. You will need to write a statement and sign. If one of the ex-spouses does not sign the document, the divorce will not be considered a mutual desire of the parties.

A simplified version of the procedure is possible only if the couple has no claims against each other. Only when there are no disputes regarding the division of property is a quick divorce by mutual consent likely. Another condition for divorce through the registry office is the absence of minor children of the spouses. Otherwise, you will need to go to court to resolve issues regarding the child’s place of residence. The registry office is not authorized to deal with such cases.

Duration of consideration of the case and the fact of divorce

Category of cases	Time period for consideration
Together with the request for alimony	1 month.
Without claiming alimony	Justice of the peace - 1 month (not including the 3 month period established for reconciliation if one of the participants in the marital relationship objects to the divorce). District court - 2 months (not including the 3 month period established for reconciliation if one of the participants in the marital relationship objects to the divorce) or 1 month with mutual consent of the wife and husband.

Family relations between spouses are recognized as invalid from the moment the judicial act receives legal force. Exactly when this happens is indicated in the table.

Name of the court	Time limit for giving the decision legal force
District Court	30 days from the date of its preparation in final form.
Magistrate's Court	10 days from the date of receipt of the order by the parties to the divorce proceedings.

Alimony

Simultaneously with the claim for divorce from minor children, a demand for the collection of alimony for child support may also be filed.

Alimony is collected:

in the amount of ¼ of a parent’s total income per child;
in the amount of 1/3 of all types of parent’s earnings - for two minors;
in the amount of half of earnings - for three or more children.

A requirement to withhold alimony in a fixed amount may also be made if the parent-spouse does not have a permanent or regular source of income.

In this case, the cost of living in the region is taken as an approximate amount, because alimony collected in a fixed amount cannot be less than this amount.

Arbitrage practice

The case was considered by the Lensky District Court of the Republic of Yakutia in June 2021.

The husband sent a statement to the judge with the following list of demands:

Dissolve the marital relationship with your wife.
Transfer the common child to the mother to live with her.
Determine the order of communication with your daughter once a month from 4 pm on Saturday to 6 pm on Sunday.

The plaintiff cited the following as justifications for his claims:

The impossibility of preserving the family and reconciliation, since the spouse is cohabiting with another man.
Lack of agreement on the daughter’s place of residence, as well as an agreement on the exercise of parental rights by each spouse.
Obstacles from his wife, who does not allow him to see his daughter, although he transfers the alimony allowance without delay.

In turn, the wife submitted objections to the court, in which she indicated that she was ready to divorce her husband and resolve the issue of her daughter’s place of residence. In addition, she noted that she does not interfere with her husband’s communication with his daughter. There is no communication because the plaintiff does not care about his own daughter. Set the communication time as follows: once every 3 months for 3 hours. After the daughter gets used to regular meetings, set communication times based on her husband’s request.

The representative from the guardianship authority asked the judge to decide the case as follows:

Leave the girl with her mother.
The time of communication is set as follows: for the first 2 months, the father can meet with his daughter on Saturday or Sunday from 12 to 3 o’clock in the afternoon, and then weekly at the time specified by the plaintiff in the application.

Having studied and assessed all the evidence presented, the court came to the following conclusions:

The marriage relationship can be dissolved immediately, since there is no possibility of reconciliation.
The daughter's place of residence will be the house of the ex-wife.
Living conditions in the plaintiff’s housing allow him to hold meetings with his daughter in his apartment.
Since the common child is disabled according to a certificate from a medical institution, the plaintiff can meet with his daughter for the first 3 months for no more than 3 hours, once a month on Saturday. Further communication will take place at the time specified in the claim document, taking into account the wishes of the child.

What reaction from your wife should you be prepared for?

Women feel everything subtly and understand the emotions of others. It is likely that she has long suspected something was wrong and noticed changes in your behavior.

In this case, her reaction may be more or less calm. After all, if she still hasn’t raised this topic, it means she’s ready to break up.

In the second case, your decision will be a shock and a blow for her.

Family is the most important thing for a woman. This is what she lives for.

And the understanding that everything that has been done is crumbling greatly hurts any girl. Therefore, be prepared for tears, hysteria, and anger. This is an emotional outburst that will ultimately calm her down. And you can have a normal conversation.

Now you are the one who is ruining her life. And, most likely, divorce for her is not a new life, but the collapse of her entire life.

Regulatory framework

Name of the legal act	List of articles
Civil Procedure Code of Russia	Subsection 2 – procedure for hearing cases according to the rules of legal proceedings. Chapter 11 – the procedure for trial of cases according to the norms of writ proceedings. Chapter 30 – legal proceedings on applications for declaring individuals missing. Proceedings on applications to declare an individual dead. Chapter 31 – legal proceedings on applications for declaring individuals incompetent. Article 23 – the competence of magistrates’ courts. Article 24 – the competence of district courts. Article 28 is the default rules of jurisdiction. Article 29 – rules under which the plaintiff chooses the jurisdiction of the case. Article 32 – jurisdiction by agreement of the parties. Article 128 – the period of time after which it is prohibited to appeal the acts of the magistrate. Article 154 – time periods established by law for courts considering cases of divorce. Article 209 – rules on giving legal force to court decisions. Article 321 is the time limit for appealing judicial acts of district courts.
Family Code of Russia	Chapter 11 - the rights that the law gives to children under the age of majority. Article 17 – grounds prohibiting a husband from getting a divorce. Article 19 – cases where a marriage union is terminated through the state registry office, even if there is a young child. Article 21 – cases where marital relations must be dissolved through judicial proceedings. Article 22 – the procedure for terminating a marriage if the wife or husband refuses to divorce. Article 23 – the procedure for terminating family relationships with the mutual consent of the wife and husband to separate. Article 25 defines the point in time after which family relationships are considered terminated. Article 81 – calculation of the amount of alimony allowance based on the number of children. Article 83 – grounds for calculating alimony in a fixed monetary amount. Article 90 – the right of the former spouse to alimony provision. Article 160 – rules for divorce from a foreigner.
Tax Code of Russia (part 2)	Article 333.19 – court fees. Article 333.26 – fees for obtaining government services from the Civil Registry Office.
Civil Code of Russia (part 1)	Article 29 – rules on how to recognize an individual as incompetent. Article 42 – the procedure for recognizing an individual as missing. Article 43 – consequences of declaring an individual missing. Article 45 – rules on how to declare an individual dead, and the consequences of making this decision.

Preparatory processes2

Before you tell everything openly to your spouse, prepare yourself a springboard where you will go after the end of your life together. You cannot go anywhere, and it will not be possible to continue existing on the same territory with your ex-wife. It is optimal if you have your own home. But this option is not always possible, because usually spouses buy one apartment-house for two.

If this living space was purchased jointly, then you will have to discuss with your spouse the issue of dividing it and returning the money to you. Everything is significantly complicated by the presence of children, especially very young ones. Even if you have your own apartment, you are unlikely to feel comfortable if you kick your wife and child out onto the street. This issue should be added to the list of those that you will immediately discuss with your significant other.

Most often, future bachelors simply rent a separate apartment to live there for a while, settling all the issues related to divorce. But if you choose this method for yourself, then do not forget that such housing must be paid for several months in advance. There is a possibility that with a string of things to do, you simply will not have time to constantly be distracted by all the utility and other payments, and this can become a real problem.

Another option for those men who have relatives or just good friends nearby is to visit them. If someone is ready to shelter you, then immediately inform them about the duration of your stay. Even the most reliable comrades will not be happy with the fact that you are carelessly wasting money, interfering with their personal life. However, there is another advantage of staying with friends - they can provide you with psychological support and not wallow in the abyss of depression.

Certificate

Confirmation of a divorce based on mutual wishes will be a divorce certificate. Each party will receive such a document personally. The husband has no right to take away his wife’s certificate or vice versa. After the process is completed, the former spouses will be in the “divorced” status.

In the future, everyone has the opportunity to use the document to confirm their position. The certificate may be required by various authorities where identification and other documentation must be provided.

It indicates the full name of each person:

married;
after termination.

The document contains the passport details of the husband and wife. The date of divorce and registration of the act record is indicated. The certificate indicates the registration number of the divorce, the place where the spouses were divorced, as well as the date of receipt of this document.

Divorce from your wife if she lives in another city

According to the provisions of procedural legislation, the court case is heard at the place of residence of the defendant, that is, the wife. Therefore, when his wife lives in another city or region, he will have to go there to submit his application. Such a trip, quite naturally, will take a lot of time and money from a man, especially considering that the divorce process can drag on for more than one month.

Permanent hotel accommodation in a foreign city, or monthly trips to the other end of the country can put a big dent in the budget of even a wealthy person. Therefore, every citizen would wish that the process would take place in his city. This is possible in a number of cases:

The man is holding a minor child in his arms.
My husband's health does not allow him to make regular long trips.

Based on the above arguments, a man can obtain from the court the right to consider the case at his place of residence.

Is it possible to get a divorce immediately after marriage?

Sometimes a hasty decision to tie the knot in marriage leads to disappointment. After living for several days, the partners begin to want to separate. Such spouses can come to the registry office in a week and express a desire to get a divorce.

If the husband and wife have no doubts, they can quickly dissolve the marriage even immediately after the wedding. In such cases, the couple usually does not have children yet. There is also no need for division of property in such a divorce by mutual consent.

To terminate registration you will need:

write a statement together;
pay the state fee.

A newly married couple has the opportunity to divorce in an urgent, accelerated manner. Therefore, you only need to wait 30 days. Then the couple will receive the appropriate certificates and acquire the status of “divorced.”