Court decision on divorce: how to get it

The situation may lead to divorce. The action can be completed through the court or the registry office. Depending on the government agency through which the procedure is performed, the duration of the action may vary. Experts advise finding out in advance when a court decision on divorce comes into force .

The divorce process takes quite a long time. The plaintiff and defendant will have to resolve all property disputes, if any, and also determine with whom the children will remain.

The execution of the procedure varies depending on the authority carrying it out. When determining the timing, it is necessary to take into account not only whether the application was submitted to the registry office or the court, but also the type of government agency carrying out the proceedings.

All this will have an impact on the final time frame for considering the application and rendering a verdict. We’ll talk further about how to correctly submit an application, the specifics of divorce in different instances, as well as the period for the decision to come into force and appeal it.

Time limits for making a court decision upon divorce

If there are disagreements or common minor children, the marriage is dissolved in court. In other cases - through the registry office. The timing of the decision depends on the circumstances and the court that accepted the application; calculation begins from the moment the claim is filed:

Based on Art. 22 of the RF IC, in the absence of the defendant’s consent to divorce, reconciliation may be ordered for a period of up to 3 months. If after this one of the parties still insists on divorce, the decision is made at a meeting. As a result, the time period for its acceptance from the date of filing the claim may increase.

Time limits for a court decision to enter into legal force

Based on Art. 209 of the Code of Civil Procedure of the Russian Federation, the decision acquires legal force one month after it is made. This time is given to the parties to appeal. Filing a cassation appeal after the verdict has entered into force is carried out if the judicial body commits procedural violations of the legal rights and interests of the parties to the proceedings.

Notice of decision

When a verdict is rendered in absentia to the defendant or plaintiff in accordance with Art. 236 of the Code of Civil Procedure of the Russian Federation, a corresponding copy is sent by registered mail. The court has 3 days to do this from the moment the decision is made.

The notice is sent to the plaintiff subject to the filing of a request to consider the case without his participation.

Next steps after the decision is made

After the verdict is rendered, it is necessary to wait for it to gain legal force. Subsequently, the court independently sends the extract to the registry office.

To obtain certificates, former spouses must:

1. Appear at the registry office with an application and marriage certificate.
2. Obtain a divorce certificate.

It takes several days to prepare the certificate. The applicant chooses the date of receipt independently. It can also be issued on the day of application.

The court decision is made in absentia

If a citizen was notified of the upcoming court hearing, but did not appear at it, the consideration of the case is postponed. If there is a valid documented reason, the case will be considered within the period when the citizen can take part in the meeting. The time of its holding is set by the judge.

If a person fails to appear at the trial a second time, a third hearing is scheduled. If for the third time the citizen ignores the need to visit the courtroom, the judge will make a decision in absentia. Usually in this situation the plaintiff's demands are satisfied. The decision will come into force within 7 days from the date of its adoption. This period is reserved for challenging the verdict.

If a citizen fails to appear for a good reason and has documented this fact, he has the right to appeal the judge’s decision. However, repeated absence will result in the verdict being declared “full-time”.

Contents of a court decision on divorce

Art. 198 of the Code of Civil Procedure of the Russian Federation regulates the content of the decision. It should include the following information:

Sample court decision on divorce:

Samples of statements of claim for divorce

Refusal to divorce: by court or registry office

Divorce proceedings in the district court

Proceedings may also take place in a district court. The date for entry into force of a court decision on divorce in 2021 in this situation will change.

It is necessary to submit an application to this authority if:

• one of the spouses wants to challenge the decision made by the magistrate;
• the question of deprivation of parental rights is raised;
• property disputes have arisen;
• The guardianship established over the child is being challenged.

If you go to the district court, the decision on the divorce process will be greatly slowed down. Additionally, the parties will have to prepare for new costs.

It is necessary to apply to the district court after first preparing a package of documentation. The list of required papers will be similar to when applying to the magistrates' court, but it should be supplemented with a previously made decision, as well as a letter indicating the desired outcome of the process.

If the district court decides to divide the property, the action to begin the process must be filed after the first order comes into force. If the parties cannot independently decide the fate of minor children, it must be taken into account that a child over 10 years old has the right to express his opinion during the proceedings.

A husband does not have the right to file for divorce if his wife is pregnant or has recently given birth to a child. It will be possible to contact the appropriate authorities only after 1 year has passed from the moment the minor offspring was born. The rule also applies if the born child dies.

Video

Extract from the court decision on divorce

The extract is intended for submission to the registry office for the purpose of annulment of the marriage.
Distributed by the courts within 3 days after the verdict comes into force. The production parties are given 5 days for delivery. The document consists of two parts: about the consideration of the case in civil proceedings and about the decision made. What information is included:

• court name and address;
• data of the parties to the proceedings, claims;
• date of commencement of proceedings;
• Full name of the judge;
• a verdict recognizing the marriage as dissolved, indicating a specific date of annulment.

A court seal is required.

An extract and a copy are different documents. The first contains a brief description of the case, the second includes complete information, since it is a photocopy of the verdict certified by the court.

Validity

The legislation does not establish the validity period of a judicial extract. It can be provided to other government agencies at any time.

Where to get it?

Extracts are kept in the office. Upon expiration of the storage period, they are sent to the archive. To order a document, the parties to the proceedings can contact the court in person or remotely. The issuance of court documents to citizens who are not participants in the proceedings is not permitted.

Price

Extracts are issued free of charge. Only the state fee is paid when filing an application for divorce - 650 rubles. When dividing property, the payment amount increases and is calculated in accordance with Art. 333.19 of the Tax Code of the Russian Federation, depending on the value of the claims.

Where to get a certificate

Based on this document, citizens can contact the registry office, where they will receive two copies of a divorce certificate, for which each spouse will have to pay a fee to the state. At the moment it is 650 rubles. Some registry offices accept a copy of the decree on the termination of a marriage, while others require an extract from the court decision, which can be obtained from the court office on any day from the date it enters into legal force.

Arbitrage practice

Under favorable circumstances, divorce proceedings in court take from 2 months. If there are controversial issues, the decision-making period may take up to six months.

Let's look at an example from practice: A woman filed a claim for termination on 07/01/2018, there are no common children. The husband refuses to divorce, citing the desire to save the family. The plaintiff insists on her demands. The meeting is scheduled for July 15, 2018. After hearing the parties and their objections, the court issued a ruling ordering reconciliation for 2 months. The next hearing is scheduled for September 15, 2018.

At the repeated meeting, the plaintiff insisted on the requirements, explaining this by the impossibility of living together with the defendant. Based on Art. 22 of the RF IC, on the same day the court issued a verdict declaring the marriage dissolved. The document comes into force on October 15, 2018.

On September 20, 2018, the defendant filed an appeal against the decision. The appeal was considered on October 25, 2018, the verdict was left unchanged by the higher authority.

Thus, the total duration of the proceedings was almost 4 months:

• when filing an appeal, the decision comes into force from the moment the ruling is made;
• The appeal ruling becomes valid on the day of adoption.

If the appellate authority had sent the case for retrial, the procedure would have been significantly delayed.

Appealing a court decision

After a reasoned decision in divorce proceedings is made, the appeal period begins. It is provided so that a spouse who is dissatisfied with the verdict can challenge the verdict. An additional order is not required to start the process. The application must be sent to higher authorities.

In the appeal statement, the plaintiff or defendant must indicate compelling reasons for invalidating the earlier decision.

Having received the appeal, the judge will make a decision taking into account the new circumstances. The review of the case will take no more than 2 months. As a result of the data analysis, the appeal may be rejected or approved. The final decision may be adjusted or cancelled. If the decision remains unchanged, it will come into force on the appointed date.

Restoring a lost court decision

A duplicate of the lost decision in the form of a certified copy can be obtained from the archives of the court that accepted it upon application from a party to the proceedings. How to do it:

1. Find out the details of the judicial authority and independently draw up an application for the issuance of a copy with a seal. You can use the example presented above.
2. Submit an application, a copy of your passport and a marriage certificate in person or through Russian Post.
3. Applications for the restoration of lost documents are considered within 30 days.

A duplicate is sent to the citizen’s address indicated in the application.

Spouse against divorce

If a couple agrees to divorce through the court, then the court dissolves the marriage without clarifying the reasons for the divorce (this is stipulated in Article 23 of the Family Code).

If the plaintiff does not inform the court of the reasons for the breakdown of the marital relationship, the court may temporarily stop the lawsuit. But do not refuse, but only offer reconciliation, and give three months for this (Article 22 of the UK). If the spouses have resolved the conflict, the proceedings are stopped. In this case, any of the spouses can again file a claim, then the court returns to the consideration of the case and makes a decision.

If one of the couple is against it , the plaintiff must describe in detail the reasons that forced him to go for divorce, tell why the marriage broke up, and what exactly prevents it from being restored. The court, having studied the materials, decides whether the couple’s life together is possible in the future.

Evidence in such a case may include the committed offenses of the party (ill-treatment, violence, insults):

• witnesses (the plaintiff must apply to call witnesses);
• written evidence (certificates from the emergency room about beatings, police records) - they are included in the case.

In any case, the divorce will end in a positive decision. The only difference will be in the timing. If there is agreement of both parties, then the divorce will be obtained at the first hearing; if there is no agreement, several meetings will be held.

Lawyer's answers to frequently asked questions

When does a default judgment come into effect?

For all decisions, the entry period is 1 month, which is given for appeal.

Is it possible to overturn a divorce decree?

Yes. To do this, the appeal is filed with the court that made the decision being appealed, then the employees of the said body are sent to a higher authority.

According to Art. 237 of the Code of Civil Procedure of the Russian Federation, a decision made in absentia can be appealed within 7 days from the moment the defendant receives a copy by filing an application for cancellation. Within 10 days, the issue of canceling the decision or refusing to satisfy the application is decided.

I received the court decision in my hands, but did not take it to the registry office. Accordingly, I do not have a certificate of termination. I live with another man and am pregnant, 38 weeks. Can problems arise when recording the biological father on the birth certificate?

According to Art. 48 of the RF IC, the father of the child is recognized as the former spouse if up to 300 days have passed from the date of divorce. The information is entered from the words of the mother when submitting a certificate of registration and termination of family relations. Subsequently, the man can challenge paternity in court. The certificate indicates the date of entry into force of the decision (termination of marriage), and not the moment of receipt.

Features of submitting an application

If the couple does not have children, or they are already adults, the spouses have the right to divorce by mutual consent by submitting an application to the registry office. In other situations, the divorce procedure will be performed through the court. Depending on where the application was filed, the divorce process will differ. This fact will also affect the duration of the trial.

Video

Divorce through a magistrate will be carried out subject to the following conditions:

• there are minor children in the family, but the parents independently agreed on their future fate;
• the value of jointly acquired property does not exceed 50,000 rubles;
• the couple does not have children, but one of the spouses did not come to the registry office at the appointed time.

If the value of the property is more than 50,000 rubles, or the parties were unable to independently reach agreement on all issues, the case will be considered at district court hearings. This will lead to a change in the duration of the divorce process.

Certificate of divorce

The choice of a specific method of ending a marriage depends on the prevailing circumstances. In any case, couples are usually given one month to change their minds. If, after this period, citizens have not been able to reconcile, the severance of relations is formalized.

In this case, the former spouses receive a certificate of divorce. It records the fact of a break in relations and is made in two copies. This paper plays a big role in the future life of the former spouses. Without providing such documentation, it is impossible to remarry or take out a loan.

In addition, if one of the spouses decides to travel abroad, he will need to apply for a visa, which cannot be opened without providing such documentation. Paper is also required to change your last name and the procedures associated with this action. This is not a complete list of situations in which this document may be required from a citizen. Therefore, after the divorce process is completed, it is advisable to pick it up as soon as possible.

How to choose a court, where to go

The statement of claim must be filed with the court at the place of residence of the defendant, that is, the second spouse.

You can call the office of any court in your city and find out which houses fall under its jurisdiction. Or you can ask our lawyer this question in chat.

But what to do if the second spouse lives far away or in another city altogether and you do not have the opportunity to go there. There are 2 situations when you can go to court at your place of residence:

1. are unable to get to the defendant’s place of residence due to health reasons For example, you recently had surgery and can provide a certificate. Or if you have chronic diseases that you can confirm.
2. If you are raising minor children . And it doesn’t matter whether these are common affairs or not. The main thing is to provide their birth certificates and confirm that they live with you.

If the second spouse lives in another city and you do not want to travel there, then you can send all the documents by mail. Also, the application must be accompanied by a petition stating that you are asking to consider the case without your participation.

A sample petition stating that you are asking for the case to be considered without your participation. It must be sent by mail along with all other documents in several copies.

Authorized body

Let's consider where to obtain a certificate of divorce by court decision. To do this, you need to contact the municipal registry office.

In case of administrative divorce, the list of civil registry offices to which spouses can apply is strictly limited. Applications can only be submitted to the following departments:

• at the place of registration of the parties;
• at the place of marriage registration.

When receiving a certificate by court decision, the situation is much simpler. The location of the department does not matter. The document can be issued even in another city.

Although the application can be submitted in various ways, the result can only be obtained in person or through a legal representative.

The law provides for the possibility of personal choice of branch. When submitting an application through the State Services electronic service, you can select a department on the map.

How much will you have to pay

To obtain a completed divorce certificate, you need to pay a state fee. Its value is determined by the Tax Code of the Russian Federation in Art. 333.26 and depends on how exactly the divorce took place:

• In case of divorce under a unilateral accelerated procedure at the registry office (in the event of one of the spouses going missing, being incapacitated, or having served a long prison sentence), the fee for the certificate will be 350 rubles.
• If the procedure took place at the registry office by mutual consent of a childless couple, then each of the former spouses will pay 650 rubles to receive their copy of the document.
• In case of divorce in court, the ex-husband and wife will also pay 650 rubles. state fees each. Before this, the plaintiff will have to pay another fee when filing a statement of claim, the amount of which is 600 rubles. Thus, the full price of the certificate for him will be 1250 rubles.

The fee is paid:

• using the State Services portal (in 2021, when paying any fee using this method, there is a 30% discount, so the certificate will cost you from 245 to 875 rubles);
• in the State Services terminal (they can be found in any government organization);
• through your bank's online banking system;
• at the cash desk of any bank.

After a divorce in court, how long does the decision take effect?

If the defendant provides the necessary evidence, the court will vacate the previous default judgment, after which the trial will resume.

If the defendant spouse does not appear for a new hearing of the case, and he is notified of the place and date of the hearing, the adopted court decision will no longer be considered absentee. Consequently, the defendant will no longer be able to repeatedly request a review of a new decision in the same manner.

Grounds for divorce It should be borne in mind that divorces through the courts in our country are very often delayed. Getting a divorce will be much easier if you seek help from a divorce lawyer in advance.

According to statistics, about 95% of divorce cases in the courts end in a positive court decision. Typically, spouses divorcing a marriage indicate in the claim the formal reasons for the termination of the marriage.

How to divorce a foreigner through court

According to our laws, a divorce from a foreigner is no different from a divorce from a citizen of the Russian Federation.

You need to submit the same documents that I talked about above. But all documents in a foreign language must be translated and certified by a notary.

Usually notaries themselves tell you which company can do the translation.

If you registered your marriage in another country, then the marriage registration certificate must be translated and legalized according to the laws of the Russian Federation.

Deadlines for receiving the document

Let’s take a closer look at how to obtain a divorce certificate by court decision. The deadline for applying for a document is established by administrative regulations:

• if the parties contacted the civil registry office directly, the certificate will be issued within 25 minutes, provided a complete package of documents is available;
• if the applicant submitted documents through the MFC, then processing of the documentation will take 2-3 days;
• if the documentation was sent through the State Services electronic portal, then the issuance of a certificate is possible only after 1 month.

Statement of claim and sample for divorce through court

You can fill out the application yourself or download it from our website and fill in the blanks with your details.

At the top of the statement of claim, indicate the address and name of the court to which you will submit documents. The address can be found on the court website or call the office.

On the right, enter your information and the defendant’s information. This is the address, your full name and the telephone number at which the assistant judge can call you to inform you of the date of the hearing.

Next write:

1. The date and place where your marriage was registered. This information is on the marriage certificate.
2. List all common children under 18 years of age. Moreover, children could be born both during marriage and before registration. The main thing is that they are common. If you adopted a child during your marriage, this must also be indicated.
3. Write the date when you stopped living together and running a household. This will help the judge understand whether you should be given time to reconcile. The judge may give 1-2 months for reconciliation. But if you haven’t lived together for a year, then you can be divorced even in one meeting.
4. Indicate that you no longer plan to live together.

Now fill out the bottom part of the application. To do this, after the word - please write your requirements. Most often they ask:

• Divorce a marriage without reconciliation.
• Set child support as a fixed amount or as a percentage of income.
• Divide property , debts, loans, money in bank accounts.
• Establish child support for the mother of the child if he is under 3 years old.
• Set time for communication with the child for each parent, determine weekends when you can pick up the child. And also decide with whom the child will spend the holidays.

Please sign and date below. Now the documents can be taken to court or sent by registered mail.

Remember that you will indicate the requirements for division of property in a separate statement of claim if you do not want to delay the divorce procedure.

For example, if you have expensive property or a mortgage, then it is more convenient to file a separate claim for the division of this property. Or maybe after the trial you will be able to come to an amicable agreement.