How long does a divorce last: terms of divorce through the registry office and through the court

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lawyer Family law

According to the current legislation of 2021, without going to court, that is, by applying to the registry office departments, divorce is permissible only in cases where the spouses do not have children born in marriage who are minors, and if there is mutual consent. When there are such children, or the initiator of the divorce is only the wife or husband, the divorce is carried out in court, as a rule, by justices of the peace (there is no dispute about common minor children; there is a dispute about joint property not exceeding 50,000 rubles ; there is no dispute about property and there are no children in the marriage, but one of the parties does not agree with the dissolution of the marriage.)

Let's consider all these 3 procedures for divorce in the Russian Federation:

MARRIAGE REGISTRY
Magistrate's Court
District Court
How much does divorce cost in 2021?

Legislation on the timing of divorce

The legislation of the Russian Federation does not give a specific answer to the question of how long the divorce process lasts. It all depends on the specific situation.

The legislation defines only a minimum - 1 month if the divorce is carried out through the registry office, and 2 months if the spouses are divorced in court.

There are often situations when spouses seek to file a divorce before the required minimum period (for example, they urgently need to leave for another country as a free person). It is impossible to achieve such a goal. The law does not provide for exceptions.

If somehow you managed to circumvent the requirements of the law, and the divorce was filed ahead of schedule, the procedure is considered invalid.

Consequences of a divorce filed prematurely:

maintaining the joint ownership regime;
preservation of the right of inheritance of the surviving spouse;
a newly registered marriage is invalid by law, etc.

According to Article 294 of the Criminal Code of the Russian Federation, it is impossible to interfere with the work of the court in order to shorten the period provided for by law. Such actions are punishable by up to 2 years in prison. If a judge took part in the illegal scheme, he will be tried under Article 305 of the Criminal Code of the Russian Federation (up to 4 years in prison).

Postponement of the hearing at the initiative of the defendant

There are circumstances that force the judge to postpone the hearing of the case. Intentionally or not, one of the parties may delay the process. The defendant writes a petition asking to reschedule. The court will approve it if the reasons are compelling.

What will the court consider to be a valid reason for adjourning the hearing?

Disease
Long business trip
Dependents' illness

There are other reasons as well. Any circumstance must be documented: a certificate from work, a medical report. If the circumstances are beyond the defendant’s control, the court will reschedule at his request. What period this will be depends on specific facts. The law sets a maximum period of 3 months .

Terms of divorce through the registry office

Marriages are dissolved either in the registry office or in court. In the first case, the process almost always happens faster.

A marriage can be dissolved at the registry office if:

the spouses do not have minor children together, and they both express a desire to divorce;
one of the spouses is considered missing;
one of the spouses is incapacitated;
one of the spouses is serving a sentence in prison (sentence period is more than 3 years).

In other circumstances, divorce is carried out through the court.

The period for divorce in the registry office will be 1 month. The countdown begins from the day the application is submitted. If at least one of the spouses does not appear at the registry office on time, the divorce is considered invalid.

Postponement of hearing

If there are good reasons for the defendant's failure to appear in court, the hearing of the case may be postponed to a later date. To do this, a motion to reschedule must be filed.

Documents must be attached to it that confirm the circumstances that have arisen that prevent the appearance at the appointed time. These include being on sick leave or on a long business trip. This will lead to an increase in the time period for dissolution of marital relations.

How long does a divorce through court take?

If the other party is against the divorce, the court may set a conciliation period. Its duration ranges from 1 to 3 months.

Divorce in court can last from 1 to 7 months. This period may include consideration of complaints submitted to the appeal committee. Appeals are considered no more than 2 months.

The term will be maximum if the case is handled by a non-professional lawyer. Also, one should not exclude errors by the panels of judges. In this case, their decisions are appealed to a higher court.

The period for considering a divorce case increases in the following cases:

The other party deliberately misses meetings. In most cases, this behavior indicates that the spouse does not agree with the divorce.
The plaintiff made some additional demands.
The defendant requested a conciliation period (or a conciliation period was appointed by the court).

If one of the spouses is against divorce

In a marriage, only one of the spouses may feel the desire to separate, and the other may be opposed. Dissolution of the union in this case will take longer than if there was consent.

When making a decision, the judge has the right to give the spouses time for reconciliation on the basis that one of the spouses did not give his consent to divorce. This period ranges from one month to three. A petition may be submitted to the court to provide a period for reconciliation.

If at the next court hearing it turns out that the plaintiff’s intentions have not changed, then the existing union will be dissolved.

Duration of divorce proceedings with children

If the spouses divorce without scandals and have decided with whom exactly the children will live, and they also have no disputes over property, then the period for divorce from children will be 1 month.

If there are no agreements regarding the children, the divorce will drag on for months. It is impossible to name a maximum period, since each case is unique.

With whom the child will remain after the divorce is decided by the court individually. The living conditions in which each spouse lives will be of great importance. The opinion of the child himself and the opinions of the parents are also taken into account. There are often situations when one or another spouse does not want to take children into custody. This greatly simplifies the work of the court.

Which children are considered common?

Blood or legally adopted. In the latter case, the role of genetic kinship is taken over by legal kinship.

Adopted children are fully equal in rights to their relatives: they inherit and are testators by law, have the right to a survivor's pension, alimony in the event of parental divorce, and so on.

Regardless of whether the child is adopted by both parents or one spouse adopted the second child from a previous marriage, divorce from a minor adopted child is possible only through the court.

If the premarital child of one of the spouses is not adopted by the second, you can get a divorce through the registry office, since in this case he has no right to alimony after the divorce. That is, rights that the state must protect and guarantee.

How long does a divorce through Gosuslugi and MFC last?

If a couple has children, you cannot get a divorce through the MFC. This right applies exclusively to families without children and without disagreements regarding the division of joint property.

In some regions, it is impossible to get a divorce through the MFC even with the mutual consent of the spouses. The service is not available, for example, to residents of the Bryansk region. Therefore, you should call the center before submitting your application. Remember that the procedure for divorce through the MFC is identical to the procedure for divorce through the registry office. With mutual consent, the spouses will be divorced through the MFC in just 1 month.

The term for divorce through State Services will also be 1 month. You can pay the fee and submit the necessary documents online. However, you will still have to obtain a divorce certificate from the registry office.

Divorce through State Services is possible in the following cases:

the couple has no children under 18 years of age together;
both spouses agree to divorce;
no property disputes.

How to get a divorce if there are no children and joint property

Depending on the circumstances listed above, the procedure for terminating a marriage will differ - features, application, documents and the procedure as a whole.

Question: We have been planning to divorce my husband for a year now. We don’t live together, he lives in Tambov, and I live in Moscow. Registered at their place of registration in Tambov. I came to Tambov a couple of times and wanted to file a divorce at the registry office, but he didn’t show up there. What should I do and how to get a divorce? There are no children, property, or any disputes. The husband agrees to the divorce, but does nothing for it!

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Lawyer's answer: In your case, you need to contact the magistrate's court at the defendant's place of residence with a statement of claim. You can send it by mail to the court, paying the fee from Moscow. You also have the right to request that the case be considered without you.

Another option: the husband will submit an application to the registry office when it is convenient for him, and after filing it, you will send a notarized divorce document. But the husband will have to appear at the registry office again on the appointed day.

Third option:

Submit an application to the Civil Registry Office through State Services. And your spouse goes on the appointed day to register the divorce and receive a certificate.

The above case study is a typical divorce complicated by the failure of the spouse to appear. When there seems to be agreement, but you can’t get it. It is possible to agree with your spouse on the voluntary termination of the marriage, then it will be possible to file a claim with the registry office.

Only an experienced lawyer can accurately answer the question of how and where to get a divorce without children and property. Whether you are divorcing your husband or wife, consult the specialists on our website right now by sending them a corresponding request. Consultation is free!

How long will a unilateral divorce take?

If a married couple does not have children or joint property, and only one party wants a divorce, then the application is submitted to the magistrate’s court. You can get a unilateral divorce through the registry office, but only under certain conditions. The second party should not have the opportunity to express disagreement for a number of objective reasons.

In what cases can you get a unilateral divorce through the registry office:

the second spouse is declared missing or dead;
the second spouse is incapacitated;
the second spouse was sentenced to more than 3 years.

After the application is submitted to the registry office, its employees notify the second spouse, who is in prison, within three days. If the other spouse is incapacitated, notice is sent to his or her custodian. If the second spouse is considered missing, a notification is sent to the administrator of the property of such person or to the guardianship or trusteeship authority.

In the described cases, the period for unilateral divorce will be 1 month from the date of filing the application.

If a couple has children or joint property, a unilateral divorce is carried out through the court.

The process is carried out in the magistrate's court if:

the couple does not have children together or the spouses have agreed on their fate;
the couple has no disagreements regarding the division of property or all property in total is worth no more than 50 thousand rubles.

The process is carried out in a district (city, regional) court if:

it is necessary to resolve the issue of alimony;
it is necessary to resolve the issue of the residence of children and the communication of divorced spouses with them;
A divorcing couple has disagreements regarding property whose value exceeds 50 thousand rubles.

If the second spouse does not want to divorce, the divorce decision will be made at least 3 months later.

In some cases, claims are not considered. We are talking about situations where a claim for divorce is filed by the husband of a pregnant woman or a woman who is raising their joint child under 1 year of age.

Who has the right to a judicial divorce?

Any of the spouses.
Guardian of the spouse if the court has declared the spouse incompetent.
Prosecutor. He can file a claim when required based on the interests of an incapacitated or missing person.

According to the Law “On the Prosecutor's Office of the Russian Federation”, the prosecutor can act as a plaintiff in a civil case, since he protects the rights of people.

The husband cannot file a claim without the consent of his wife if she is pregnant or less than a year has passed since giving birth, even if the child was stillborn or died before the age of one (Article 17 of the Family Code).

Such exceptions were made in order to preserve the health and nerves of the mother and child, since legal burdens negatively affect their well-being.

Time for divorce in case of property disputes

Some people are sure that the three-year limitation period for the division of jointly acquired property, provided for in paragraph 7 of Art. 38 of the Family Code of the Russian Federation, begins at the moment when the marriage is dissolved. It's a delusion.

The starting point is the moment when the spouse learned (or he should have known by law) that his rights to the common property were violated. Violations of this kind can occur immediately at the time of divorce, or they can occur several years later.

If, after a divorce, spouses continue to use joint property, then the limitation period will be calculated from the moment when one of the spouses prevents the other from using such property.

Filing a claim

Articles 22, 23 and 24 of the Civil Procedure Code of the Russian Federation stipulate the rights of the parties and obligations when filing a claim.

The claim is filed at the place of registration of the defendant if the spouses live apart (Article 28 of the Code of Civil Procedure of the Russian Federation) or at the common actual residence of the spouses.

Article 32 of the Code of Civil Procedure states that divorce cases can be conducted at the place of residence of any spouse.

If it is unknown where the defendant lives, then the plaintiff files a claim at his own discretion:

according to the defendant’s last known place of residence;
at the location of the defendant’s property;
if the plaintiff is sick or has minor children, he has the right to file a claim at his place of residence.

How to shorten the divorce process

Many people, due to their busy lives, do not have time for meetings related to the divorce process. Therefore, the question of reducing the terms of divorce as much as possible remains relevant.

Ways to shorten the divorce process:

Correct filling of applications. If you understand that you are not able to cope with such a task on your own, contact a law firm. You will be assigned a specialist who deals with family matters. If the application is filled out incorrectly, it will have to be withdrawn and resubmitted, which is an extra time investment.
Study the duties of officials. There are unscrupulous employees locally who, due to laziness or some other reasons, unreasonably delay certain divorce proceedings. Unscrupulous behavior by officials can be combatted by filing complaints with the appropriate authorities.
Take the time to prepare the necessary certificates from the police or clinics. This will speed up the court's decision-making process. We are talking, for example, about situations where a divorce is carried out due to beatings. The same applies to the preparation of certificates of income of the parties in case of divorce with children.
Child support obligations can be settled out of court.
If the spouses are peaceful, an agreement on the children (place of further residence, communication with the second parent, etc.) and on the division of joint property should be drawn up in advance. All this significantly speeds up the divorce process.

Other circumstances that influence the extension of the terms of a divorce case

In addition to the factors involved in the proceedings, a divorce through the court may be delayed due to other circumstances.

Other factors:

Human factor: illness of the judge, unscheduled days off
Judge's leave
Bureaucratic delays

It happens that a divorce is postponed at the request of representatives of the parties. There are many reasons for this. There can be no rush in such matters, so deadlines are extended as necessary. But even the most confusing and complex processes will be resolved in due time.

At what point does marriage end?

If the divorce was carried out through the registry office, then the marriage ends on the day of state registration in the civil register.

If the divorce was carried out through the court, in accordance with the legislation of the Russian Federation, the marriage is terminated exactly at the moment when the court decision entered into legal force. In this case, the court sends an extract of the decision to the civil registry office. Once the spouses receive a divorce certificate, they have the right to remarry.

Court decisions come into force as soon as the period for appeal has expired. This period is 1 month from the date of the decision. If a complaint has been filed with the appellate authority, the decision is considered legal after consideration of this complaint.

If the spouses have no disagreements and they divorce peacefully, then the minimum divorce period will be only 1 month. The same period will apply to unilateral divorces. If the litigation involves disputes about the future fate of minor children or disputes over property valued at more than 50 thousand rubles, then the trial will drag on for months.

Which children are considered minors?

According to the standard of law, a citizen who has reached 18 years of age becomes an adult, according to Article No. 21 of the Civil Code of the Russian Federation. But there is one exception.

After reaching 16 years of age, a person has the right to undergo the emancipation procedure and receive full legal capacity early. The reason for emancipation may be marriage and the birth of a child, running a business, or employment under an employment contract.

Emancipation serves as the reason for the termination of child support obligations in relation to the child. Therefore, parents with an emancipated child under 18 years of age can divorce through the registry office. After all, there will be no need to assign alimony for him.

Ways to shorten the divorce period

How much minimum time is given for a divorce in such a period and it will be possible to carry it out, less than one month in the registry office and 2 months in court, no one will divorce a married couple.

To minimize paperwork, which will speed up the process, you need to:

if you have children, prepare all documents relating to alimony (alimony agreement drawn up and signed by both parties);
evaluate the property and have the valuation sheet certified by a notary;
clearly formulate the reason for the divorce, and not express doubts during the trial.

If the parties are firmly confident in their decision, the divorce will take a minimum amount of time.

Video on the topic

Despite the fact that the final separation can cause mental trauma, it is often the best way out of a situation when there is neither the strength nor the desire to see each other, and family relationships remain solely on paper. It is quite possible that this act will determine a different stage of life, full of new meetings and hopes.

But such a global step as breaking off a relationship with a loved one should not be taken rashly. Before you decide to divorce, you should understand your feelings and thoughts and sort everything out. Just don’t let your mind turn off your heart, and don’t let your heart listen to the voice of reason. You wouldn’t have to regret what you did later.