Which court is the right place to file for divorce?

Divorce through the court takes much more time and effort than through the registry office, but the participation of a judge is mandatory under certain circumstances.

To minimize the loss of physical and moral strength, it is necessary to understand the procedure for divorce through the court and know some legal points. Questions about documents, choosing a court to file a claim, the duration and cost of the process are discussed in this article.

When to get a divorce through court

Divorce through the registry office (civil registry office) can be made for spouses who do not have common children under 18 years of age and both wish to dissolve the marriage union (form No. 8).

It is also possible for a couple with minor children to divorce (form No. 9) or unilaterally if:

• the court recognizes one of the spouses as missing or incompetent;
• if the spouse was sentenced to imprisonment for a term of more than three years.

In other cases, to file for divorce you need to go not to the registry office, but to the court. The court also decides issues regarding the assignment of alimony and the division of jointly acquired property, so if a couple wants to resolve such issues simultaneously with the consideration of the divorce case, then they must also submit an application for divorce to the court, and not to the registry office. To do this, you need to fill out form No. 10 in the court office.

The court decides such issues as the division of property and assets, the procedure and amount of alimony payments, the order of meetings with the child and his place of residence, eviction and removal of the ex-spouse from the living space.

How to divorce

According to Russian laws, in order to get a divorce, the initiative of one of the spouses is sufficient. Even if the second of them is categorically against it, the divorce will take place, but the procedure itself will ultimately take more time.

Both the wife and the husband can file for divorce. True, in this case there is one exception. If the spouses are expecting the birth of a child or the child is not yet one year old, the husband can initiate a divorce only with the consent of the wife. Otherwise, there is no point in submitting an application to the registry office or a lawsuit - the documents will not be considered. This applies to cases where the child was stillborn or died in the first months of life - you will still have to wait a year.

You can get a divorce through the registry office or by going to court. The choice of option depends on whether the spouses were able to agree on the division of property, determining the place of residence of joint children and other points. If both parties agree to divorce and have no mutual claims, you can contact the registry office. True, there are exceptions here, which we will discuss below.

Divorce does not occur on the day of application to the registry office, but no less than a month later. This point is specified in the current legislation and has no exceptions. A month after submitting the application, you need to come back to the authority for a divorce certificate. The same must be done if the divorce took place in court and the claim was granted.

Legal assistance from a lawyer and lawyer during divorce

Each case is unique and may have certain pitfalls. Spouses do not always have the opportunity to divorce through the registry office, and when going to court, they need to prepare documents, correctly draw up a statement of claim, and prepare an evidence base. Not every person can do this.

Most often, the help of a lawyer is needed in the following cases:

• recognition of marriage as invalid or fictitious;
• the presence of disputes about the child’s place of residence or his financial support;
• disagreement regarding the determination of property rights or the procedure for dividing property.

In such cases, it is unreasonable to rely on one’s own strength without a legal education and the necessary knowledge. It is much more effective to entrust the case to a specialist who will conduct the case in compliance with the law and the interests of the plaintiff. It wouldn’t hurt to consult a lawyer in cases where there are no visible problems. Perhaps they will be revealed upon careful study of the situation.

Reasons and grounds for divorce

Russian legislation does not indicate the exact reasons why a marriage can be dissolved. However, if you look at the first chapter of the Family Code of the Russian Federation, you can find a statement that a family is built on the principles of responsibility, mutual love, mutual respect and mutual assistance. It can be assumed that violation of these conditions can be a compelling reason for divorce.

In practice, the reasons may be the following:

• loss of feelings by one of the spouses;
• drunkenness, gambling, drug addiction;
• beatings, cruel treatment, humiliation;
• low income;
• unwillingness to fulfill the responsibilities of a parent.

Incompatibility in the intimate sphere, as well as the fact of adultery, can be reasons for divorce, however, family lawyers do not recommend indicating them in the statement of claim due to the need to maintain the secrecy of personal life. In exceptional cases, it is possible to request a closed hearing of the claim.

No one will dissolve a marriage just because the spouses wanted it that way. on the basis of Art. 22 of the RF IC, it is clear that the determining factor is the impossibility of further cohabitation and preservation of the family. Therefore, the wording specified in the application must be extremely accurate and convincing. Facts of beatings, alcohol or drug addiction must be documented, and statements about the presence of a spouse with a second family must be confirmed by adult and capable witnesses. If the plaintiff does not have evidence of this kind, it is unreasonable to indicate such reasons.

In situations where spouses have a child under the age of majority, the court may find personal reasons unconvincing for divorce. In this case, the plaintiff indicates domestic or financial reasons. You can refer to Article 89 of the RF IC, which states that spouses are obliged to provide each other with material support.

Divorce with or without mutual consent

Divorce in Russia is possible both with the consent of each spouse and on the initiative of one of them. In the first case, it will be easier to resolve the issue: just visit the registry office at your place of residence and write an application. The marital status will be considered and, if the spouses do not have minor children at the time of filing the application, then within a month the divorce will be registered with the state.

In a situation where the initiative for divorce comes from only one party, you can also act through the registry office. There must be a serious reason for this, which is determined by the RF IC:

• The second spouse is in prison, and his term of imprisonment exceeds 3 years. The fact is confirmed by a copy of the court verdict.
• The second spouse is declared incompetent.
• The second husband is listed as missing.

In all other cases, you will have to file a claim in the magistrates or district court, otherwise you will not be able to get a divorce. At the same time, you need to be prepared for the fact that the divorce will last longer: the judge will thoroughly check the evidence provided, has the right to give additional time for reconciliation, and it will also take many days to collect the necessary documents. You need to go to court if one of the spouses does not agree to a divorce, you have common minor children, or property disputes have arisen.

Documents and application for divorce

The easiest way is to write a divorce application to the registry office; here you will need to collect fewer documents. When divorcing in court, you will need to prepare more thoroughly, competently draw up a statement of claim, and try to collect evidence for your arguments.

If there are grounds for divorce through the registry office, you need to prepare the following documents:

• application for divorce (form No. 9), written by the spouses;
• passports of the spouses or one of them, if only the husband or wife wants to divorce;
• original marriage certificate;
• documentary evidence of the grounds for unilateral divorce;
• receipt of payment of state duty.

If one of the spouses cannot visit the registry office for reasons beyond his control, but is not against the divorce, then an application on form No. 10 is filled out. For situations where a unilateral divorce through the registry office is possible, Form No. 11 is provided. If the marriage is dissolved by a court decision, an application in form No. 12 is filled out to obtain a certificate of this from the registry office. The forms of these documents can be obtained by visiting the registry office at your place of residence, where you can also see a sample of filling out.

You must provide documents in person. If for some reason this is impossible, but both spouses agree to divorce, you can write a statement and have it certified by a notary. The prisoner's application can be certified by the head of the colony.

In addition, it is possible to submit an application through the State Services portal. To do this, each spouse fills out an electronic application in their personal account, and the state fee is paid immediately. As in other cases, the marriage will be considered dissolved one month after submitting the electronic application.

If you have to get a divorce through the court, you will need to collect more documents. Some of them are mandatory in all cases, while others are collected based on the specifics of the case. In order not to miss anything, it is better to consult with a lawyer who will tell you what documents are best to collect in a particular situation.

The minimum required list of documents for divorce through the court:

• A statement of claim drawn up in strict accordance with the norms of the Code of Civil Procedure of the Russian Federation, containing information about the plaintiff, defendant, their details, the essence of the claim, references to legislative acts, and a request for divorce. It may additionally indicate a requirement for alimony payments or division of property.
• Passports of husband and wife (originals). If the defendant is against the divorce, only the plaintiff provides the passport.
• Photocopies of birth certificates for each minor child of the spouses.
• Marriage certificate (original).
• Receipt of payment of the state fee (except in cases of payment in installments or deferred payment, for which an application must be submitted).

In some areas of the country, an extract from the house register or a certificate about the family composition of the plaintiff and defendant may be required. This information can be clarified in the court office at the place of residence of the plaintiff, or the defendant, if the statement of claim will be sent to the court at his place of residence. Most often, documents are submitted at the location of the defendant, but there are exceptions. The defendant must be in another city, and the plaintiff cannot go there for health reasons or due to existing minor children.

Documents are sent to the magistrate's court if both spouses agree to a divorce, but have minor children together, there are no property disputes or its value does not exceed 50,000 rubles. In cases where it is necessary to determine who will pay alimony and in what amount, or there are property disputes regarding objects worth more than 50,000 rubles, as well as in situations where one of the spouses is against divorce, the documents are sent to the district court. This can be done in person by visiting the court office or sending a package of documents by mail.

Divorce through State Services, MFC, Civil Registry Office

As of 2021, you can submit documents for divorce through the Civil Registry Office, MFC, or electronically through the State Services portal. The only exception is for cases where one of the parties does not agree to a divorce, the spouses have common minor children or there are property disputes - then the issue can only be resolved in court.

When contacting the MFC, you need to understand that the institution acts only as an intermediary between you and the registry office; its employee cannot dissolve the marriage. They will only accept your documents and transfer them further; this is where the functions of the MFC will end. At the same time, you need to know that you need to contact the MFC that is located in the locality in which the marriage took place or in which one of the spouses is registered. For example, if the spouses got married in Rostov, then they need to contact the MFC of Rostov, and not the city in which they now live.

The sequence of actions for divorce through the MFC will be approximately as follows:

• Find out whether the divorce document is accepted at the MFC you need.
• Make an appointment in advance by phone or through State Services. This will help avoid queues.
• On the appointed day, come to the institution with prepared documents and take a receipt from the employee for payment of the state fee.
• Pay the state fee at the nearest bank branch.
• Fill out an application in form 9, 10 or 11 (the principles of selection are described in the article above).
• Submit the document to the MFC employee.
• Receive a receipt from him confirming the acceptance of the papers.

The same documents are submitted to the MFC as in the case of applying directly to the registry office - a divorce application signed by both spouses, passports of the husband and wife, a receipt for payment of the state fee. If the divorce is carried out unilaterally, then you need to prepare documentary evidence of the grounds. This may be a copy of the sentence of imprisonment, a certificate of recognition as incompetent, etc.

In a few days, the spouses will receive a notification about the need to visit the registry office for further divorce procedures. It will indicate the date and time of your visit, as well as the documents you need to take with you. Failure to appear at the registry office on the appointed date will result in the divorce not taking place. Former spouses also receive a divorce certificate at the registry office, and not at the MFC. In general, this method is not very convenient, and therefore is not very popular.

It is much more convenient to file for divorce through the State Services portal. This option is possible if the spouses have no children, property issues do not cause disagreements, and both parties agree to a divorce.

It’s not difficult to navigate the portal; our mini-instructions will help you with this:

• Log in to the portal using your username and password.
• Go to the ".
• Expand the “All services” list (will be at the bottom of the page) and select the “Registration of divorce by mutual consent” section.

Next, you will need to fill out all the fields of the electronic application and pay the state fee. You can do this directly on the portal, in which case you can get a discount of 200 rubles.

If this is not your first time using the State Services portal, then some data, for example, passport data, will already be automatically entered into the appropriate columns. Check them carefully, if any error has crept in, correct it. Do not forget to indicate the number and date of the registration, as well as the date of registration, this information is indicated in your marriage registration certificate. If after divorce a change of surname is required, add information about this in the appropriate column.

Don't forget to select the address of the registry office closest to you. You will need to appear there in person on the appointed date, together with your spouse, and provide the employee with the originals of the documents specified in the application. If the divorce occurs by mutual consent, then after filling out personal data you need to click the “Invite” button, after which the second spouse will continue filling out the document, but through his personal account.

When contacting the registry office, you will also need to fill out an application, the form of which can be obtained from the department.

Documents needed for divorce through the registry office:

• Passports.
• Marriage certificate.
• The court decision (if any) is in the original.
• Receipt for payment of state duty.
• If the husband or wife is declared incompetent, then you will need to take documents from the guardian.

According to the established procedure, during a divorce, a previously issued marriage certificate will need to be surrendered. In exchange, you and your ex-spouse will be issued a divorce certificate.

Divorce through court

If spouses have common minor children, there are property disputes, or someone does not want to get a divorce, they will have to act through the courts. You need to be prepared for a lengthy lawsuit that will consume some of your time and, possibly, money. However, in accordance with Article 21 of the RF IC, there is no other option.

You can start a divorce through the court only after filing a statement of claim. It is written on paper by hand or typed on a computer; some points can be drawn up in any form, but compliance with the norms of the Code of Civil Procedure of the Russian Federation is mandatory. A properly drafted claim must contain the following information:

• In the header, in the upper right corner - the name of the court, its location, surname, first name and patronymic of the plaintiff and defendant, along with residential addresses. If possible, a telephone number is also indicated, possibly a mobile one.
• Information about the marriage - when it was concluded, who the second spouse was, whether there was a joint household, whether there were common children, until what time the spouses lived together.
• Are there any disputes related to the divorce - about the future fate of the children, the procedure for their financial support, the division of joint property. other moments.
• The essence of the statement of claim: only the dissolution of the marriage with the defendant or also the determination of the place of further residence of minor children, their financial support, division of property, determination of shares.
• Date of filing the statement of claim and signature of the plaintiff.

The statement of claim must contain references to legislative acts confirming the legality of the plaintiff’s claims and reflecting his position. The claim must also include a list of attached documents. The statement of claim should not contain personal emotions, errors, typos, strikeouts (corrections), and the wording should not be interpreted in two ways. If the claim is made with violations, it will be returned to you with an indication of the errors and you will have to start all over again.

If the parties do not have any disputes regarding the children, the property is divided by mutual agreement, or its value is estimated at less than 50,000 rubles, then the statement of claim is sent to the magistrate’s court at the defendant’s place of residence. In cases where the spouses cannot agree among themselves on the procedure for raising and maintaining children, or the property subject to division through the court is valued at an amount greater than 50,000 rubles, you need to contact the district court.

The statement of claim is sent to the court at the defendant’s place of residence. if its location cannot be determined or there are other grounds determined by law, then the claim may be sent to the court at the plaintiff’s place of residence. You can bring it along with the attached documents to the court office or send it by mail. You must be present at the trial and be prepared to provide the documents or evidence required by the court.

State duty on divorce

According to Art. 333.19 part 5 clause 1. Tax Code of the Russian Federation, the cost of the state fee when filing a statement of claim for divorce is 600 rubles. However, if the plaintiff also intends to ask for alimony payments or division of property, then the amount will be different. In the first case, you will have to pay an additional 150 rubles, and in the second, the cost of the state duty will be affected by the cost of the statement of claim. The minimum amount here will be 1,000 rubles, the maximum - 60,600 rubles.

The plaintiff must calculate the amount of the state fee himself, and then pay it using a receipt at any bank branch. To avoid problems, it is better to entrust the calculation to an experienced lawyer who will do everything correctly. If the amount of the state fee turns out to be too large for the plaintiff, you can file a request for an installment plan or deferment of payment. In this case, you need to be prepared to document your poor financial situation and the impossibility of paying the state duty in full immediately.

Changing your last name during divorce

After a divorce, you can apply to change your last name. This moment will not be difficult and will not cause problems. First you will need to fill out an application, which is sent to the passport office. in case of divorce through the State Services portal, the new surname can be entered in the appropriate column.

In each case, the procedure for changing a surname may have its own nuances. To avoid any difficulties, it is better to consult a lawyer on this issue, who will tell you how to act more correctly and will help you collect the necessary documents and draw up an application with you.

Divorce from a convicted person

The law provides for divorce if one of the spouses is sentenced to imprisonment. However, under a simplified procedure, when the consent of the serving spouse is not required, a divorce can be obtained only if the prison term is more than three years, otherwise one will have to divorce according to the main procedure.

When considering a claim for divorce, the judge will take into account the following points:

• spouse's term of imprisonment;
• potential danger on his part to members of his family;
• the financial condition of the plaintiff;
• the plaintiff has psychological or emotional problems;
• other points.

However, there is no need to indicate these reasons in the statement of claim; it is enough to attach a copy of the court verdict that has entered into legal force. In some situations, you can get a divorce even if there are minor children, and the defendant categorically disagrees with the divorce.

Divorce if one of the spouses is in another city

If one of the spouses is in another city, then there are no problems with divorce. The procedure is the same. as in the situations described above - through State Services, by submitting an application to the registry office or in court. If your spouse is in another country, it will be more difficult to get a divorce, we’ll talk about this below

Divorce with a missing person

In cases where the location of the spouse is unknown, divorce is possible in one of two scenarios. The first is relevant if the spouse is declared missing. in this case, the divorce occurs in the registry office, regardless of the existing joint minor children. If the spouse is not recognized as missing, the divorce occurs approximately in the following order:

• Submitting an application to recognize a spouse as missing. This is possible if there is no information about the person for a year, which is stated in Art. 42 of the Civil Code of the Russian Federation. The document is submitted to the judicial authority at the place of residence of the interested person (Article 276 of the Code of Civil Procedure of the Russian Federation), the application must indicate the purposes of recognizing the citizen as missing and factors that could threaten his life or health (Article 277 of the Code of Civil Procedure of the Russian Federation)
• If the court, having considered the application, recognized the spouse as missing, then with the court’s decision you can contact the registry office, where the corresponding application is filled out. Along with it, the court decision, the spouse’s passport and the marriage certificate are submitted. The state duty is paid in the amount established by the Tax Code of the Russian Federation.
• 30 days after filing the application, you must visit the registry office and obtain a divorce certificate.

Also, the spouse interested in divorce is given back a marriage certificate with a note about its dissolution. This point is provided for in Art. 34 clause 3 of Law No. 143-FZ. This algorithm is possible if the spouse disappeared more than a year ago; in other cases, you will have to do things differently.

If less than a year has passed since the disappearance of the spouse, then the action for divorce can be to file a claim for divorce in the magistrate's court located at the last known place of residence of the spouse. In this case, there may be certain difficulties - the court is obliged to notify the defendant of the filed claim. In addition, a lawyer will be appointed to protect the interests of the defendant. If the court satisfies the claim, then you must contact the registry office with its decision and act in accordance with the general instructions.

Is there a notification about the initiation of divorce proceedings?

There are situations when one of the spouses, without the consent of the second spouse, decides to file for divorce. It does not matter at all for what reasons this happens and what circumstances forced a person to take such a serious step, the task of the judicial authority is to ensure that the summons to court for divorce is sent on time. A court summons for divorce must contain information about the date and place of the hearing. After filing for divorce, when the plaintiff receives a summons, he must appear at the scheduled court hearing or notify the court that he has good cause. Failure of the plaintiff or his representative to appear at the first court hearing in the divorce case leads to the automatic termination of the consideration of the case.

Rubric “Question-answer”

How are divorce cases handled?

If everything is in order with the documents, a date will be set and both parties will be notified.

How will the case be handled?

This question largely depends on whether the parties have a mutual desire to end the marriage, as well as on their presence at the meeting. Let's consider situations that often occur in judicial practice:

• The defendant husband did not appear. If the absence of this participant does not have valid reasons, the judge may separate the couple without his presence.
• The respondent spouse does not want to get a divorce. Ideally, the fastest way to dissolve a marriage is if both parties agree to it. When the defendant does not want to get a divorce, the judge can allocate time for reconciliation of the parties (up to 3 months).
• The applicant or the defendant did not appear at the trial.

A possible, although not very common, option. In this situation, the judge regards this act as reconciliation, unless the parties had other reasons that were notified to the court in advance.

When will a person be notified of a divorce hearing?

Sometimes people, for good reason, cannot attend a court hearing, although they have been notified by their spouse that a claim has been filed in court. Based on this, the question arises: if the wife or husband filed for divorce, when will the summons arrive? You need to know this so that you have the opportunity to change your plans in advance (cancel a trip or have time to return from a long business trip). Russian legislation does not stipulate the exact timing of when a subpoena for divorce arrives. Most often this happens within a period of 2 weeks to 1 month from the day one of the spouses filed for divorce.

Features of divorce

Sometimes there are no difficulties in dissolving a marriage, but there may be certain nuances. Processes in the event of disagreement of one of the parties to divorce, actions when a fictitious marriage is discovered, existing property disputes lead to the emergence of a number of features for divorce.

Fictitious marriage

A fictitious marriage is the registration of a marital relationship, the purpose of which was to obtain a certain benefit without the intention of starting a family. Most often, both parties come to an agreement with each other, and therefore, after receiving benefits, they file for divorce by mutual consent. However, there are times when a husband or wife did not know that the marriage was fictitious, and when they found out, they filed for divorce.

In this case, it is extremely important to prove that the marriage was fictitious. To do this, you can try to find witnesses, correspondence, and certain documents. You can try to prove that the spouse did not participate in the life of the family, did not provide financially, and did not show interest in the child. This is difficult to do, and you cannot do it without the help of a good lawyer.

An important condition: at the time of marriage, the plaintiff should not have known about the selfish motives of the spouse. Only in this case can the court recognize the marriage as fictitious and decide to dissolve it.

Annulment of marriage

The marriage may be declared invalid. In addition to the fictitious marriage, the reasons for such a court decision, in accordance with Art. 27 RF IC, may be:

• one of the spouses acted under duress;
• the marriage was concluded between close relatives;
• one of the spouses is already married to another person.

Also, the reason for declaring a marriage invalid is the fact of concealment by one of the spouses of infection with AIDS or HIV infection or any sexually transmitted disease. In this case, the injured spouse has the right to go to court to have the marriage declared invalid.

How to file a divorce if you have minor children

According to Russian laws, each spouse has equal rights and responsibilities towards their children, but after a divorce, disagreements usually begin. If there are none, divorce is possible through the registry office, otherwise you will have to file a claim in court.

Paternity will often need to be established before filing a claim. as a rule, this is necessary if the spouse does not want to acknowledge the fact of paternity. In this case, a genetic examination is prescribed and other evidence is studied. It is better to go through the procedure before the divorce, this will significantly facilitate the process of divorce.

Property in divorce

The procedure for dividing the property of spouses is regulated by Art. 38 RF IC. According to this normative act, existing real estate, transport and belongings can be divided both during marriage and after its dissolution at the initiative of one of the spouses. The division can be carried out by mutual consent (by agreement) or in court.

In court you can:

• determine the size of the shares of each spouse;
• distribute existing property between spouses;
• determine the amount of monetary compensation.

At the same time, personal belongings of minor children, including expensive musical instruments, educational devices, toys, etc., are not divided between spouses, but are transferred to the parent with whom the children will live after the divorce.

Most often, property is divided equally. However, there are exceptions to this rule, especially if certain property relations are specified in the marriage contract. Therefore, during a divorce, it is important to correctly assess the situation and take the right position on the division of property.

How does the summons arrive?

It is worth finding out when the wife filed for divorce, how long it will take to notify the husband, where you can get a divorce summons, and what a sample divorce summons looks like. A summons for divorce is sent by the court office by registered mail with notification. This is done so that there is evidence of receipt of the notice by the defendant, since the recipient puts his signature on the notification sheet.

The court will sometimes notify the defendant that a divorce petition has been filed by telephone. This is permitted by law (Article 113 of the Code of Civil Procedure of the Russian Federation). As proof that the man or woman has been notified that they are invited to the court hearing, a telephone message is attached to the case.

An error in the address of the defendant in the claim will result in the addressee not being able to receive the summons on time. You also need to carefully indicate the person’s last name and first name.

Divorce from a foreigner

How does a divorce through court occur if the spouse is a citizen of another state or has no citizenship, but lives in the territory of another country? Also. You can file a claim in Russia or at the location of the defendant.

If the spouse has foreign citizenship but lives in the Russian Federation, the documents are submitted to the Russian court.

The divorce procedure is similar. The only difference is that documents in a foreign language must be legalized and translated into Russian, unless otherwise provided by law.

Remember, divorce through a court in another country will be carried out according to the law of that state. If the legal norms do not contradict Russian ones, the divorce will be valid in the Russian Federation. All you have to do is legalize the documents in order to use them in the future on the territory of the Russian Federation. For this purpose, an apostille is issued or consular legalization is carried out.

Didn't specifically pick up the court summons for divorce

Failure to receive a summons only means that the preliminary consideration of the case will take place without the defendant. Repeated failure to attend a court hearing without a valid reason may result in the termination of the marriage without the consent of the other party by court decision.

If the defendant did not actually receive the summons and the divorce took place in his absence and without his knowledge, he can challenge this decision no later than 7 days after receiving the notice of divorce. The appeal is filed within 1 month from the date of the verdict.

Procedure

Divorce litigation takes place in several stages:

1. Submitting an application and a package of related documents.
2. Acceptance or rejection of the application and scheduling of the first hearing. The hearing date is set no earlier than one month after submission. The parties are notified by summons of the date of the hearing.
3. Conducting the first meeting. The judge examines all the materials of the case and also gives an opportunity for reconciliation.
4. Conducting the main meeting. The judge listens to the plaintiff's demands, the defendant's opinion, and examines the evidence provided.
5. Making a decision. Based on the heard demands and opinions of each party, the judge makes a decision on the divorce process. If the parties have already been given a period to resolve the conflict, but the intention to divorce has not changed, the judge satisfies the plaintiff’s request. If there are minor children, a decision is made on the place of residence, issues of education and maintenance.
6. Entry into force of the decision. After a decision is made on the claim, you are given a month to appeal. After 30 days the decision comes into force.
7. Former spouses receive copies of the court decision.
8. The parties receive a divorce certificate from the registry office.

Summons to court for divorce, sample

Let's take a closer look at what a subpoena for divorce looks like. The document has 2 pages. One contains a notice of summons to court, the second contains information about the consequences of failure to appear.

Contents of the subpoena for divorce form, first page

Judicial summons in civil case No.

Where ____________________________________________________________

To whom ____________________________________________________________

court ______________________________________________________________

calls you as a plaintiff/defendant

by ____________hour __________________________20 __________________

on business __________________________________________________________

by the address ________________________________________________________

The court invites the parties to present all available evidence in the case

(Article 56-57 Code of Civil Procedure of the Russian Federation)

Court Clerk _____________________________________________________

Divorce summons for husband sample, second page

Consequences of not showing up when called

If a plaintiff/defendant fails to appear at a court hearing without good reason, if none of them has submitted an application to hear the case in their absence, the court, postponing the hearing of the case, has the right to impose a fine on the plaintiff/defendant who failed to appear.

If the parties fail to appear without good reason for a second summons, the court leaves them without consideration if it does not consider it possible to resolve the case based on the available materials (Article 222 of the Code of Civil Procedure of the Russian Federation).

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.

Safe car section

Often during the divorce process, one of the spouses complains about the dishonest behavior of the other. For example, a husband or wife is trying to deceive each other by selling common property under the guise of personal property before the court makes a decision.

To avoid such situations, representatives of government agencies recommend writing an application for interim measures. Thanks to such a statement, you can be sure that at the time of consideration of the case, the car will not become the object of illegal transactions, agreements and other actions.

Machine valuation cost

Currently in Russia, the cost of assessing a car for a court is approximately 5 to 15 thousand rubles. The final amount will depend on the specifics of your particular situation.

Parameters affecting the price:

• tariffs of a specific company;
• region;
• access to internal vehicle components;
• average cost of the model.

Which spouse pays for the service?

Generally, the party that filed the divorce will pay for the car appraisal in a divorce.

When a judgment is rendered, the cost of the appraisal will be shared evenly between both parties. The distribution is carried out on the basis of shares determined by the court.

Let's give a simple example. The plaintiff paid 10 thousand rubles for the appraisal of the car. The court ordered that the vehicle be divided equally. Consequently, after the trial, each party contributes 5 thousand rubles.

Car section: useful tips

1. If the plaintiff intends to keep the car, in the statement of claim he must indicate specific reasons why the court should make a decision.
2. An excellent option for dividing a car is to sell it. The proceeds from the transaction can easily be divided equally between husband and wife.
3. If the car is sold without the consent of the other spouse, the agreement is considered illegal and therefore invalid.
4. At the end of the process, the car should be re-registered with the traffic police.

According to judicial practice, the division of property in court during a divorce is carried out according to the standard scheme. There should not be any particular difficulties in this matter.

The parties are recommended to collect a complete database of documents, including those regarding improving the technical characteristics of the machine, etc. Also in court you can resolve the issue of expenses incurred during the operation of the car (penalties, penalties, transport tax). It is worth noting that the fact of alienation of the car does not affect the subsequent procedure for compensation of property, since it is customary to take as a basis an independent assessment of its condition before the conclusion of the transaction.

If you have any questions or difficulties while resolving the issue, we recommend that you seek advice from a professional lawyer. He has the necessary skills and experience to assess the real situation and increase your chances of success in the event of litigation at any of its stages.

Filing a claim

It is very important to competently and correctly draw up a statement of claim to go to court. You can do this yourself, the main thing is to know the basic rules. Such a statement, in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation, must contain the following information:

• Full name of the magistrate to whom the application will be submitted;
• data of both spouses, their contacts;
• information about the marriage (when and where it was concluded);
• information about minor children;
• the reason for the termination of the marital relationship;
• plaintiff's demands.

The statement of claim must be in writing, dated and signed by the applicant.

Sample application for divorce

The reason for divorce can be specified as a formal reason, since it is not decisive when the judge makes a decision.

Which documents may not be changed?

The laws of the Russian Federation do not provide for mandatory replacement:

• school certificate, university diploma and other documents confirming education and qualifications;
• work book;
• TIN;
• documents on ownership of real estate;
• other categories of documents.

Remember that all these documents will be valid only if you have in your hands a certificate of divorce of your marriage, which must reflect the fact of the change of surname. If you did not change your last name immediately after the divorce, but after some time, then instead of a certificate you can present a certificate from the registry office about the change of passport data.

Is it always necessary to replace documents?

Once the divorce process is completed, your marriage certificate will be confiscated and your passport will be stamped accordingly.
Thus, in most cases, the very fact of divorce proceedings does not entail the replacement of most documents. The only exceptions are documents issued in the name of a married couple (these could be invitations to events, membership and discount cards, or subscriptions to various services). The only case when replacing a large number of documents will be mandatory for at least one of the parties to the process is a change of surname after a divorce. Most often, this is faced by women who took their husband’s surname when they got married, and now want to return to their maiden name. Let's consider this situation in more detail.

Divorce procedure through the Magistrates' Court if there are children

If the spouses have peacefully agreed and decided how they will jointly raise and support their common children, dissolution of the marriage through the court takes several months.

But when there are certain disagreements between the parents and unresolved issues remain, the timing of the divorce is difficult to predict; the process can last up to six months. Often, serious disagreements arise between former spouses regarding the residence of minor children. In this case, the court, together with the guardianship and trusteeship authorities, may order an examination, which should determine the financial condition and living conditions of each of the parents. In addition, sometimes the children’s opinion is taken into account with which parent they want to stay with. Therefore, spouses with children during divorce proceedings will have to attend court hearings at least three times.

Proper execution and submission of documents is of no small importance. An incorrectly filled out application form for divorce in the Magistrates' Court with children can negatively affect the entire legal process. That is why in such controversial issues it is advisable to contact experienced lawyers.

How to separate two cars

If during a marriage, not one but several cars were purchased by a husband and wife, in the absence of an agreement, there are two scenarios for the development of events:

1. Each spouse receives a car . With identical technical performance indicators of the machines, reaching a compromise is not difficult. If there are significant differences in technical indicators, then the spouse who has been granted the right of ownership to a new or more expensive car by court must pay the other party monetary compensation in the prescribed amount (it must be equal to the difference in cost between the cars).
2. All vehicles are received by one spouse with the voluntary consent of the second . It is not uncommon for a husband to get all the cars (cars, trucks) during a divorce, and the wife, who does not have a driver’s license or driving skills, renounces the rights to the car in favor of receiving other property of equal value. The wife has the opportunity to demand reimbursement of the cost of the vehicle if it was purchased with common money.

Replacement timing

The legislation establishes deadlines for mandatory replacement after a last name change only for the following documents:

• passport;
• health insurance policy;
• SNILS;
• pension certificate (if available).

All these documents must be replaced within 30 days from the date of receipt of the certificate from the registry office. Otherwise you will have to pay a fine.

A driver's license is special - there is no deadline for replacing it, but you do not have the right to drive a car with an old license after changing your last name, so it also needs to be changed as soon as possible. After receiving a new certificate, you need to reissue the MTPL, as the policy also becomes invalid.

The remaining documents subject to mandatory replacement can be replaced within an unlimited period. However, they cease to be valid from the date of the last name change, so they must be replaced as soon as possible. If you have already submitted an application to replace them, but have not yet received a new document, then in order to use them you will have to constantly carry with you the original or a notarized copy of the divorce certificate.

Now let’s look at which documents do not need to be changed during a divorce.

How to share a car on credit

If a car was purchased during marriage with borrowed funds, and the loan amount has not been repaid in full at the time of divorce, the rule of division of property in equal shares between husband and wife applies. The bank is involved in the legal process as a third party.

The section of the car involves an assessment of the purposes for which the loan was taken:

• for the general needs of the family - spouses are equally liable for obligations;
• for personal needs - only one of the parties is responsible for the obligations.

As a result, the car may go to one party, and the second will receive compensation for the property, taking into account the amount of borrowed money - for this it is necessary to conduct an examination. There is another option - the cost of the car and the amount of debt are divided in half between the husband and wife. In addition, spouses can sell the vehicle, pay off the bank loan and divide the remaining money among themselves in equal parts.