If we divorced through the court. What date will stand when receiving a divorce certificate? Date of trial or receipt?

When does the moment of divorce come?

In Art. 25 establishes two types of moments from which a marriage will be terminated. This division is due to the fact that the relationship can be terminated in the registry office (in a limited number of cases) or in court:

• If the process takes place entirely in the registry office, the date of termination is considered to be the date when an entry is made in the civil registration book indicating that the divorce took place;
• If the divorce procedure took place in court, then the date from which the marriage will be dissolved is considered the day the divorce decision taken by the court comes into force.

The last paragraph applies only to those marriages that were or will be terminated after May 1, 1996 (clause 3 of Article 169 of the RF IC). If the divorce occurred before this date, then the moment of termination will be considered the date of the entry of this fact in the entry book in the registry office.

If a divorce occurs in court, then it is still necessary to register it with the registry office. The law obliges the court to report information to the registry office within a period of three days after the decision takes effect. To obtain a certificate from the registry office that the parties are no longer related by marriage, the former husband and wife (or only one of them) must write an application to this body, and a document from the court must be attached to it (usually the fact of the decision is confirmed by an extract out of him).

How to get a divorce through the registry office

The standard divorce procedure through the registry office consists of several stages:

• Drawing up and signing a standard application requesting divorce (forms No. 8,9,10, forms will be issued directly at the registry office)
• Payment of state duty (payment details will also be provided at the registry office)
• Visiting the registry office 30 days after filing an application to register a divorce
• Obtaining divorce certificates (each of the former spouses independently receives their own copy)

Let's look at each of the stages in more detail.

Registration of a court decision in the registry office

In Art. 25 it is noted that a new marriage cannot be concluded if the registry office does not issue a certificate of termination of the old one. Even if there is a valid court decision, it must be registered at the registry office and obtain a certificate there. The procedure for carrying out this procedure is established in Chapter. IV RF IC.

To register a divorce, having in hand a document confirming the court decision, it is necessary (Article 35 of the RF IC):

• Contact the registry office with an application (from one or both parties). This may be the department in which the marriage was once celebrated or located at the place of residence of one of the applicants;
• You must attach a document from the court (an extract from its decision) stating that the divorce was recognized as completed;
• You also need to provide a document confirming the fact of transfer of the state fee (each applicant pays it for his copy of the certificate);
• You must take your passport with you.

It should be borne in mind that the decision, when it comes to divorce, takes legal force only a month after its adoption. You need to contact the registry office at this very moment (one month after receiving the decision). It often happens that people apply for a certificate after a certain time has passed. In this case, you will first have to request an extract from the court, and then apply to the registry office with it. If an entry has already been made based on an application filed by one of the parties, then there is no need to re-submit the document from the court.

How much does a divorce through the registry office cost?

The amount of state fees for divorce through the registry office is determined by Chapter No. 25.3 of the Tax Code of the Russian Federation. They are:

• 350 rubles for a unilateral divorce from a spouse serving a prison sentence, incompetent, or missing.
• 650 rubles when filing a joint application for divorce (paid by each spouse)
• 650 rubles for issuing a divorce certificate (paid by each spouse)

The fee is paid strictly according to the details of the specific registry office department conducting the divorce procedure.

No other costs will be required for a divorce through the registry office.

Judicial practice related to the moment of dissolution of marital relations

Usually, there are no difficulties in determining the date from which the divorce is considered completed. Information about the moment of termination may be needed, first of all, when dividing property that occurs after a divorce. Thus, in 2013, the Tverskoy District Court of Moscow ordered the defendant (ex-husband) to compensate the plaintiff for her share in the apartment, which was purchased several months before the divorce, and sold by the defendant several months after the court decision on ending their relationship. When selling the apartment, the plaintiff’s opinion was not taken into account by the defendant.

Difficulties are caused by the countdown of the statute of limitations, after which it will be impossible to file a claim for division of property. This period is in this case three years. There is no clearly established rule in the law to count it from the moment of divorce or from any other date. The Civil Code of the Russian Federation has Art. 200, paragraph 1 of which states that the statute of limitations is counted from the moment a person learns that his rights have been violated. However, determining this point in relation to divorced people is not so easy. Judges tend to favor an exact date - the date of termination of the relationship, determined in accordance with the law. It is on this that they rely when making their decisions in cases concerning the division of property (for example, in 2002, the court rejected a claim for the redistribution of joint property acquired during a marriage, which was dissolved in 1998, pointing out that the plaintiff knew that her rights were being violated from the moment the court decided to divorce, but did not file a claim within the prescribed period.

Thus, in order to protect your rights to a share in property acquired jointly during marriage, you should go to court no later than three years after the relationship is terminated, and the date of termination should be determined in accordance with Art. 25 IC RF.

Author of the article

Kuznetsov Fedor Nikolaevich

More than 15 years of experience in the legal field; Specialization - resolution of family disputes, inheritance, property transactions, disputes over consumer rights, criminal cases, arbitration processes.

From what date is the marriage considered dissolved?

The application must also be accompanied by original passports and other documents related to the case.

After the bailiff reviews the application, he sets a hearing date. A notice is sent to your spouse by mail indicating the location, date and time of the meeting.

On the appointed day, the plaintiff and defendant must be present in the courtroom

Important

The absence of one of the parties is possible only for a good reason, about which the judge was previously warned.

During the meeting, the reason why the couple decided to file for divorce and all the circumstances related to the plaintiff and defendant are considered. The division of property, the future place of residence of common children, and the payment of alimony are discussed.

After considering all the facts, the bailiff makes a decision.

Legal consequences of divorce

The same applies to marriages concluded in compliance with church rites; church marriages are equated to actual ones. Thus, the state protects and supports only legally registered marriages concluded in the registry office. As practice shows, civil marriages are less stable; their stability is largely determined only by the moral and ethical qualities of the partners. What conditions are necessary for marriage? To get married, you need to personally come to the registry office and submit an application. The marriage itself is concluded after the expiration of a month from the date of submission of the application to the registry office. The monthly period is established to verify the seriousness of the intentions of the future spouses.

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Prerequisites for divorce by court

Divorce through court is a very labor-intensive process that requires a special approach. The initiator must justify his desire to break family ties. Main reasons for divorce:

• Disease, including chronic alcohol dependence of one of the parties. If the disease has led to the loss of legal capacity of a person, then it will not be difficult for the plaintiff to prove his position regarding the divorce;
• Arrest and detention for up to three years is a compelling argument for filing for divorce. If the prison term is more than three years, the convicted person can file an application for divorce;
• Spouse's infidelity;
• Violence against family members;
• Infertility of one of the spouses;
• Death. The proof is a death certificate. The date of death is formally considered the time of marriage breakdown;
• Recognition by the court of one of the parties as deceased. The procedure for filing an application is determined by law. Based on the court decision, the administrative body registers the legal fact. The death certificate serves as a document confirming the divorce.

Despite the circumstances that formed the basis of the application, the court promotes the reconciliation of the parties. The parties to the lawsuit may be given a period of up to 3 months. If after the expiration of the deadline a compromise is not found, the court makes a decision to sever the marriage relationship. The legal consequences of ending a marriage differ significantly if the marriage union is declared invalid.

This category of cases includes a union that was formalized in violation of legal norms or a fictitious marriage. Such legal facts usually do not create the consequences of divorce. A marriage union can be declared illegal only in court. Such a union is declared invalid from the date of joint obligations between the spouses. Only valid marriages that create legal relations between the parties are subject to dissolution.

When a marriage relationship is broken, the rights and obligations of the parties cease. However, some obligations continue even after divorce.

Divorce is accompanied by the following legal consequences:

1. Property relations of the parties. Property issues are regulated voluntarily/compulsorily.
2. Parental rights. Most rights affect the future relationship between parents and child. According to the law, parents have equal rights and responsibilities in relation to their common child. The scope of parental rights does not depend on whether the birth of a child occurred in a registered marriage or not. It also does not matter with whom exactly the child will live after the divorce.
3. Deprivation of parental rights. Unsatisfactory performance of one's duties or violation of the rights of a child may become grounds for depriving one of the spouses of parental rights.

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The process of dissolution of a marriage has a huge number of nuances that need to be considered within a specific situation.

What else does the court decide during a divorce?

If the spouses were able to reach an amicable agreement, then they have the right to present the following documents at the court hearing:

1. An agreement on which of them the minor children will live with.
2. Agreement on the procedure for paying funds for the maintenance of children and (or) a disabled needy spouse, on the amount of these funds.
3. Agreement on the division of common property of spouses.

These documents must be prepared in advance of the trial.

If such agreements are not reached, the court is obliged:

• determine which parent the minor children will live with after the divorce;
• determine from which parent and in what amount alimony for their children is collected;
• at the request of the spouses (one of them), to divide the property in their joint ownership;
• at the request of the spouse entitled to receive maintenance from the other spouse, determine the amount of this maintenance.

The words “upon demand” mean that this demand must be put in writing and sent to the court.

Judgment form

The court decision has a strict form and contains the following points:

1. Details of the division of the magistrate or district court that considered the divorce case.
2. Number of the resolution, date of the decision to terminate the family union.
3. Information about the spouses in respect of whom the case was being considered.
4. Information about the judge who made the decision.
5. The date on which this document came into force.

Although the law is clear on how long it takes for a divorce to take effect, it may not be after 30 days. This possibility exists only in one case - when one of the parties filed an appeal objecting to the decision. Almost always, an appeal takes place when the defendant categorically disagreed with the divorce and deliberately did not appear at court hearings. It is also possible that the defendant did not know about the plaintiff’s intention to file for divorce and did not receive a summons at his place of residence. This happens when the applicant deliberately indicated the wrong place of residence of the spouse, wanting to quickly get a divorce.

A factor confirming a citizen’s right to appeal and allowing a court decision to be overturned may be his temporary registration at another address, an extract from a medical institution where the citizen was undergoing treatment and therefore could not appear in court, or a document on a long business trip.

Citizens who have a certain number of questions regarding the divorce procedure, including the procedure for obtaining the final document, can seek advice on the website, whose employees will provide them with legal assistance completely free of charge.