Article 16 of the RF IC. Grounds for termination of marriage (current version)

The length of the marriage is one of several important factors that influence the progress of a divorce case, since the case necessarily involves such aspects as the division of marital property and the determination of options for supporting minor children. If the marriage was not very long, then these short-term relationships are usually not burdened by circumstances involving property disputes and child custody issues. However, there are other situations where the rules of law that are appropriate for each individual life story apply. Therefore, in the Russian legal system there are different ways of dissolving a marriage.

What is the procedure for divorce

The first step in filing for divorce is to determine where to file and which government agency has jurisdiction over the marriage.

Termination of a marital relationship cannot occur automatically, since both spouses or one of them must go through several stages before the family ties are officially severed.

To enter into a marriage, the desire of a man and a woman is necessary, and to dissolve it, the desire of one spouse is sufficient. Even if the husband or wife does not want to divorce, the marriage relationship will still be dissolved administratively or judicially; it is only a matter of time.

Difference between divorce and termination of marriage

According to Art. 16 of the Family Code, the termination of a marriage may be due to:

  • death of any of the spouses;
  • declaring one of the spouses dead by a court decision;
  • dissolution of the union (divorce) at the request of one or both spouses.

Thus, the termination of a marriage is a broader concept that includes divorce itself as a forced breakup of the marriage union by the spouses, as well as the natural breakup of the union due to the death of the spouses.

At the registry office with mutual consent

To submit an application to the registry office using Form No. 8 (to the one where the marriage was registered or at the place of residence), you need the mutual consent of the spouses and the absence of minor children. This usually happens in short-term marriages, when there are no disagreements on the division of jointly acquired property. The divorce procedure at the registry office is simple, so 1 month after filing the claim, the spouses will be administratively divorced and receive a divorce certificate.

For carrying out legal actions, payment of state tax is provided. In the event of a divorce through the registry office and the spouses mutually desire to get a divorce, the state duty will be 650 rubles each. The desire to change your last name will cost 1,600 rubles (see Article 333.26 of the Tax Code of the Russian Federation).

Sometimes a husband or wife who agrees to divorce cannot be present when filing an application due to certain circumstances: for example, detention or imprisonment. Then the application for divorce is certified by the head of the prison and it is sent to the address of the second spouse. In case of a long business trip or illness, the legal representative of the spouse can submit an application on the basis of a signed and certified power of attorney.

  • Birth registration
  • Marriage registration
  • Divorce
  • Death registration
  • Establishing paternity
  • Adoption
  • Name change
  • Issuance of repeated certificates/certificates
  • Restoration and cancellation of vital records
  • Alteration
  • Apostille

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State registration of divorce

General information about the public service is provided by Chapter IV of the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status” (hereinafter referred to as Federal Law No. 143-FZ), the Administrative Regulations for the provision of public services for state registration of acts of civil status by the bodies carrying out state registration of acts of civil status on the territory of the Russian Federation, approved by order of the Ministry of Justice of Russia dated December 29, 2021 No. 298.

Place of provision of public services

State registration of divorce is carried out by the civil registry office at the place of residence of the spouses (one of the spouses) or at the place of state registration of the marriage.

Procedure and methods for submitting an application

With mutual consent to dissolve the marriage of spouses who do not have common children who have not reached the age of majority

,
divorce is carried out by the civil registry office.
Spouses wishing to divorce a marriage submit a joint application for divorce in writing in person or send the said application in the form of an electronic document through a single portal of state and municipal services and regional portals of state and municipal services to the civil registry office. The application for divorce, which is sent in the form of an electronic document, is signed with an enhanced qualified electronic signature of each applicant. This application can be submitted through the multifunctional center for the provision of state and municipal services.

In a joint application for divorce, the spouses must confirm mutual agreement to dissolve the marriage and the absence of common children under the age of majority.

Spouses wishing to divorce sign a joint statement and indicate the date of its preparation.

If one of the spouses wishing to divorce does not have the opportunity to appear at the civil registry office or at the multifunctional center for the provision of state and municipal services to submit an application for divorce, the will of the spouses can be formalized in separate applications for divorce. The signature of such an application by the spouse must be notarized, except for the case if the application is sent through a single portal of state and municipal services and regional portals of state and municipal services. The signature of a suspect or accused in custody, or a convicted person serving a sentence in a correctional institution, certified by the head of the place of detention or the head of a correctional institution, is equated to the notarized signature of the spouse executed on the application for divorce.

State registration of divorce is carried out by the civil registry office upon the application of one of the spouses wishing to divorce, if the other spouse

:

  • declared missing by the court;
  • declared incompetent by the court;
  • convicted of committing a crime to imprisonment for a term of over three years.

The spouse who wishes to dissolve the marriage signs the application and indicates the date of its preparation.

The civil registry office, which has accepted the application for divorce, notifies within three days the spouse serving a sentence, or the guardian of the incapacitated spouse or the property manager of the missing spouse, and in their absence, the guardianship and trusteeship authority about the received application and the date assigned for the state registration of divorce.

If a marriage is dissolved with a spouse who is incompetent or sentenced to imprisonment for a term of more than three years, the notice also indicates the need to report, before the date appointed for state registration of the divorce, the surname that he chooses upon dissolution of the marriage.

State registration of divorce based on a court decision

carried out by the civil registry office on the basis of an application from former spouses (one of them) or an application from the guardian of an incapacitated spouse. An application for state registration of divorce can be made orally or in writing.

An application for state registration of divorce can be sent to the civil registry office in the form of an electronic document through a single portal of state and municipal services and regional portals of state and municipal services. An application for state registration of divorce, which is sent in the form of an electronic document, is signed with a simple electronic signature of each applicant.

If one of the former spouses registered the divorce with the civil registry office, and the other former spouse applies to the same civil registry office later, information about this former spouse is entered into the previously made entry in the act of divorce. In this case, an extract from the court decision on divorce may not be submitted.

Former spouses (each spouse) or the guardian of an incapacitated spouse may, in writing, authorize other persons to make an application for state registration of divorce.

A spouse who changed his surname upon marriage to another has the right to retain this surname after the divorce, or, at his request, during state registration of divorce, he is assigned a premarital surname.

Duration of provision of public services

Divorce and state registration of its dissolution by mutual consent of spouses who do not have common children under the age of majority

, are carried out in the presence of at least one of the spouses after a month has passed from the date the spouses filed a joint application for divorce upon presentation of a marriage certificate, which is returned to the applicants with a note on state registration of divorce. In case of loss of the marriage certificate, if the state registration of the marriage was carried out by the civil registry office to which the application for divorce was submitted, presentation of a repeated marriage certificate is not required.

State registration of divorce at the request of one of the spouses

in cases provided for by Federal Law No. 143-FZ, it is carried out in his presence after a month from the date of filing the application for divorce upon presentation of the necessary documents and a marriage certificate. The marriage certificate is returned to the applicant with a note about state registration of divorce. In case of loss of the marriage certificate, if the state registration of the marriage was carried out by the civil registry office to which the application for divorce was submitted, presentation of a repeated marriage certificate is not required.

The date and time of state registration of divorce (by mutual consent of spouses who do not have common children who have not reached the age of majority, or at the request of one of the spouses in cases established by federal legislation) are established in agreement with the applicants and are indicated on the applications.

State registration of divorce based on a court decision

and the issuance to the applicant of the corresponding certificate of state registration of a civil status act in the established form is carried out on the day of the applicant’s application, subject to the presentation of all properly executed documents.

List of documents required for the provision of public services

1) in case of divorce by mutual consent of spouses who do not have common children under the age of majority

, - a joint application of the spouses, which is submitted in writing in person or sent to the body providing the public service in the form of an electronic document through the Unified Portal. The application for divorce, which is sent in the form of an electronic document, is signed with an enhanced qualified electronic signature of each applicant. This application can be submitted through the multifunctional center for the provision of state and municipal services.

If one of the spouses wishing to divorce does not have the opportunity to appear at the body providing the service or a multifunctional center for the provision of state and municipal services to submit an application, the will of the spouses can be formalized in separate applications for divorce. The spouse’s signature on the application must be notarized, except if the application is sent through the Unified Portal;

in the event that one of the spouses is recognized by the court as missing, incompetent, or sentenced to imprisonment for a term of more than three years for committing a crime

, - an application for divorce, which is submitted by the other spouse in writing;

in case of divorce based on a court decision

- application of the spouses (one of the spouses) or the guardian of the incapacitated spouse, verbally or in writing. An application for state registration of divorce can be sent to the body providing the public service in the form of an electronic document through the Unified Portal. An application for state registration of divorce, which is sent in the form of an electronic document, is signed with a simple electronic signature of each applicant.

Former spouses (each spouse) or the guardian of an incapacitated spouse may, in writing, authorize other persons to make an application for state registration of divorce.

The application is filled out using computer technology or handwritten in accordance with the Rules for filling out applications;

2) marriage certificate (in case of divorce of spouses who do not have common children who have not reached the age of majority, or divorce at the request of one of the spouses). In case of loss of the marriage certificate, if the state registration of the marriage was carried out by the body providing the public service to which the application for divorce is submitted, the presentation of a repeated marriage certificate is not required;

3) a copy of the court decision (sentence) that has entered into legal force in relation to a spouse recognized by the court as missing, incompetent, or sentenced for committing a crime to imprisonment for a term of more than three years (in case of divorce at the request of one of the spouses);

4) a court decision (extract from the court decision) on divorce, which has entered into legal force (in the case of divorce based on a court decision);

5) documents identifying the spouses (former spouses);

6) a document identifying the person authorized to make an application for state registration of divorce, and confirming his authority (in the case of state registration of divorce by an authorized person based on a court decision);

7) a document confirming the powers of the guardian of the incapacitated spouse (in case of divorce based on a court decision or addition to the record of the act of divorce regarding information about the incapacitated spouse).

Applicants have the right, on their own initiative, to submit documents confirming the content of the norms of foreign family law, which they refer to in support of their claims or objections, and otherwise assist the bodies providing public services in establishing the content of the norms of foreign family law.

The body providing the public service does not have the right to demand from the applicant:

submission of documents and information or implementation of actions, the presentation or implementation of which is not provided for by regulatory legal acts regulating relations arising in connection with the provision of public services;

submission of documents and information that are at the disposal of other bodies providing public services, other state bodies, local government bodies, organizations in accordance with regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, municipal legal acts.

Application forms

Application forms were approved by Order of the Ministry of Justice of the Russian Federation dated October 1, 2021 No. 201 “On approval of application forms for state registration of acts of civil status and Rules for filling out application forms for state registration of acts of civil status.”

Application for divorce by mutual consent of the spouses form No. 9

Application for divorce by mutual consent of the spouses (filled out by one of the spouses divorcing the marriage, who is unable to personally contact the body carrying out state registration of civil status acts to submit a joint application for divorce) form No. 10

Application for divorce (filled out by one of the spouses divorcing the marriage, if the other spouse is recognized by the court as missing, incompetent, or sentenced to imprisonment for a crime for a term of more than three years) form No. 11

Application for divorce (filled out by former spouses (one of the spouses) in case of divorce in court) form No. 12

Application for entering information about the former spouse into a previously compiled entry in the act of divorce and (or) for issuing an initial certificate of divorce, form No. 13

Application forms

Application for divorce by mutual consent of the spouses form No. 9

Application for divorce by mutual consent of the spouses (filled out by one of the spouses divorcing the marriage, who is unable to personally contact the body carrying out state registration of civil status acts to submit a joint application for divorce) form No. 10

Application for divorce (filled out by one of the spouses divorcing the marriage, if the other spouse is recognized by the court as missing, incompetent, or sentenced to imprisonment for a crime for a term of more than three years) form No. 11

Application for divorce (filled out by former spouses (one of the spouses) in case of divorce in court) form No. 12

Application for entering information about the former spouse into a previously compiled entry in the act of divorce and (or) for issuing an initial certificate of divorce, form No. 13

An exhaustive list of grounds for suspension or

refusal to provide a public service Refusal to state registration of a civil status act or to perform another legally significant action is permitted in the following cases:

— state registration of a civil status act contradicts Federal Law No. 143-FZ;

— the documents submitted by the applicant do not comply with the requirements imposed on them by Federal Law No. 143-FZ and other regulatory legal acts.

An employee of a body providing a public service does not have the right to carry out state registration of acts of civil status in relation to himself, his spouse, his and his relatives (parents, children, grandchildren, grandparents, siblings). State registration of acts of civil status in such cases is carried out by another employee of the body providing the public service, or in another body providing the public service.

The provision of a public service is refused in the absence of documents necessary for the provision of a public service and to be submitted by the applicant.

At the request of an applicant who has been denied a public service, the head of the body providing the public service is obliged to inform him of the reasons for the refusal in writing.

Procedure, amount and grounds for collecting state duty for the provision of public services

The amount and procedure for paying state duty are established by Chapter 25.3 “State Duty” of the Tax Code of the Russian Federation.

The amount of the state fee in accordance with Article 333.26 of the Tax Code of the Russian Federation for state registration of divorce, including the issuance of certificates:

- with the mutual consent of spouses who do not have common minor children - 650 rubles from each spouse (receipt for payment of state duty);

- in case of divorce in court - 650 rubles from each spouse (receipt for payment of state duty);

- upon divorce at the request of one of the spouses if the other spouse is recognized by the court as missing, incompetent or convicted of committing a crime to imprisonment for a term of over three years - 350 rubles (receipt for payment of the state duty).

Payers pay the state fee when applying for other legally significant actions - before submitting applications and (or) other documents to perform such actions or before submitting the relevant documents.

The state duty is paid at the place of commission of a legally significant action in cash or non-cash form.

The fact of payment of the state duty by the payer in cash is confirmed either by a receipt issued to the payer by the bank, or by a receipt issued to the payer by an official or the cash desk of the authority where the payment was made.

The fact of payment of the state duty by the payer is also confirmed using information on the payment of the state duty contained in the State Information System on State and Municipal Payments, provided for by Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services.”

If there is information about the payment of the state duty contained in the State Information System on state and municipal payments, additional confirmation of payment by the payer of the state duty is not required.

Foreign citizens and stateless persons pay state duty in the manner and amount established by the Tax Code of the Russian Federation for individuals.

The specifics of paying state fees for state registration of acts of civil status and other legally significant actions are determined by Article 333.27 of the Tax Code of the Russian Federation.

The list of persons exempt from paying state fees for state registration of acts of civil status and performing other legally significant actions is determined by Articles 333.18, 333.35 and 333.39 of the Tax Code of the Russian Federation.

The return to the payer of the overpaid (collected) amount of state duty is carried out by the territorial body of the Federal Treasury on the basis of orders from the administrators of budget revenues on the return of revenues to the payer, taking into account the provisions of Chapter 12, Article 333.40 of Chapter 25.3 of the Tax Code of the Russian Federation.

The decision to return to the payer the overpaid (collected) amount of state duty is made by the territorial body of the Ministry of Justice of Russia in cooperation with the civil registry office at the place of payment of the state duty in the manner established by the legislation of the Russian Federation.

In accordance with paragraph 3 of Article 333.40 of the Tax Code of the Russian Federation, an application for the return of an overpaid (collected) amount of state duty can be submitted within three years from the date of payment of the specified amount; The refund of the overpaid (collected) amount of state duty is made at the expense of the budget into which the overpayment was made, within one month from the date of filing the application for refund.

All actions related to checking information, sending all necessary documents and returning the overpaid (collected) amount of state duty must be carried out before the expiration of the month period established by the Tax Code of the Russian Federation from the date the payer submits an application for the return of state duty.

The state fee paid for the state registration of divorce is not refundable if the state registration of the corresponding civil status act was not subsequently carried out.

Result of the administrative procedure

The result of the provision of public services during state registration of a civil status act on divorce is the compilation of a corresponding civil status entry in the Unified State Register of Civil Status Records and the issuance to the applicant of a certificate of state registration of a civil status act or a notice of refusal of state registration of a civil status act.

Documents issued to applicants

The forms of certificates were approved by Order of the Ministry of Justice of the Russian Federation dated August 13, 2021 No. 167 “On approval of forms of certificates of state registration of acts of civil status and Rules for filling out forms of certificates of state registration of acts of civil status”;

Upon state registration of divorce, a certificate of divorce is issued.

A certificate of divorce is issued by the civil registry office to each of the persons divorcing the marriage.

To the registry office unilaterally

One of the spouses may, without the desire and mutual consent of the second of them, file for divorce (Article No. 16, paragraph 2 of the current Family Code of the Russian Federation). The basis for a simplified divorce procedure is:

  1. Imprisonment for a term of more than three years (application on form No. 9) of one person from a married couple. The presence of children under 18 years of age will not be an obstacle to divorce. If imprisonment is determined for a period of less than three years, then it will not be possible to use the simplified procedure; divorce will be carried out on a general basis.
  2. One of the spouses has an officially confirmed legal status of a person whose whereabouts are unknown (Article No. 42 of the Civil Code of the Russian Federation).
  3. Recognition of one of the spouses as incompetent by court order (Chapter No. 31 of the Code of Civil Procedure of the Russian Federation). When filing for divorce against your estranged spouse, a divorce attorney can help ensure that legal procedures are followed properly.

Children when their parents divorce. Respect for children's rights

If a married couple has common children, the court protects the child’s property rights, and also decides which parent it will be more comfortable for him to remain with after the divorce.

Children's property is not divided between spouses and includes gifts (toys, clothes, equipment, household and interior items - bed, stroller, furniture), as well as things purchased independently for scholarships, grants or donated money.

The division of children in a divorce (if there is a dispute) is one of the most pressing issues and is resolved only in a court of general jurisdiction (district court).

If the spouses have reached an agreement on who the son or daughter will live with, then the divorce process can be carried out before a magistrate.

When deciding on the place of future residence of children, several factors are taken into account:

  • the child’s opinion if he is already 10 years old. The wish is not decisive, since the court considers other, more objective and weighty circumstances;
  • the financial status of the parents, although there is no clear criterion sufficient for the final decision. A father’s high level of income does not guarantee the children’s automatic transfer to his upbringing, just as the mother’s low income cannot be the only reason for refusal;
  • relationships between children in the family and attachment to each other;
  • parents’ working hours, their social circle;
  • other objective circumstances that may become known during the trial.

You can read more about respecting children's rights here.

In the magistrate's court

The method of divorcing spouses in the magistrate's court is used under certain circumstances. Namely:

  1. If there are no contradictions between the husband and wife regarding the future place of residence and maintenance of common minor children. According to paragraph 2 of Article No. 23 of the current family legislation of the Russian Federation, the marriage between spouses will be dissolved within 1 month from the date of filing the petition.
  2. If a married couple does not have children who have reached the age of majority, but one of the spouses does not consent to divorce. The trial in this case can drag on for up to 3 months, since the magistrate can give such time for reconciliation between the man and the woman.
  3. If a divorcing couple has disputes over the division of property up to 50,000 rubles. Laws in Russia regarding the division of community property are designed so that each spouse receives approximately half of the assets and debts upon divorce, although there are scenarios in which a judge may award one spouse a larger share in a divorce proceeding. It's also worth remembering that there are several types of property that can be considered separate property in a divorce, such as inherited property. To resolve disputes regarding the division of property, you will need to provide the court with certificates of income of the husband and wife, documents assessing the value of common property and other papers necessary for the divorce procedure.

Where to apply

When choosing the body that will register the divorce, you can be guided by two rules:

  • The application can be submitted at the place of residence (in fact, there may be a choice here if the spouses already live at different addresses assigned to different registry offices).
  • The application is submitted to the registry office, where the spouses signed at the time.

Spouses often base their choice on convenience, but there is one caveat. For those couples who have lost their Marriage Certificate, it is better to choose the registry office where they got married. This way, they will not have to receive a duplicate of the Marriage Certificate, which they will have to present live on the day they receive the divorce documents (Clause 4, Article 33 of the Federal Law “On Civil Status Acts”).

You can submit an application online using two services:

  • Through the State Services Portal.
  • Through MFC.

Important! In both cases, you will need to indicate the registry office where the divorce will be registered.

In the district court

This judicial body hears divorce cases in which there are significant disputes between spouses. When other methods of dissolving a marriage are unacceptable to a married couple, they go to the district court. The consideration of family proceedings in this court lasts at least two months. Thus, the court takes one month to get acquainted with the case, the second month is provided for the court decision to enter into legal force. The district court hears divorces in the following cases:

  1. If only one person from a married couple requests a divorce, and the second spouse is against it. In this case, divorce will still follow if the parties do not reconcile within the possible three-month period allotted by the judge.
  2. If spouses have property disputes over 50,000 rubles. The court will thoroughly examine many issues:
  • what is the treasure of each spouse's property;
  • whether one of the spouses received property before marriage as a result of a sole purchase, whether it was inherited or given as a gift;
  • the economic circumstances of each spouse at the time of the divorce;
  • what is the income or earning capacity of each party.
  1. If the spouses themselves cannot agree on custody of minor children, alimony payments. It must be understood that both parents will have the right to continue to participate in the lives of their children after the divorce. Neither parent is allowed to unilaterally make important decisions regarding children, such as taking them out of the country, determining where to live, etc. If mom or dad tries to prevent the other parent from seeing the child or threatens to go somewhere with their son or daughter, then the other parent can apply for this in court.

Divorce statistics in the Russian Federation

The number of divorces has tended to increase in the last decade in Russia, both in relation to the number of registered marriages and in absolute value.

Thus, in 2021, 829 divorces were registered per thousand marriages, and in 2021 – 895 divorces per thousand marriages.

The statistical picture is heterogeneous across the country; indicators in different regions differ by almost 10 times.

The fewest divorces were registered in 2021 in the following regions (per 1000 marriage registrations):

  • Chechen Republic – 158;
  • Ingushetia – 186;
  • Republic of Tuva – 282.

The leaders in the number of divorces in 2021 were:

  • Leningrad region – 1119;
  • Altai Territory – 1063;
  • Komi Republic – 1033.

Moscow, St. Petersburg and Sevastopol close the top three in regions with the lowest number of divorces, with figures of 716, 711 and 658 per 1000 registered marriages, respectively.

State duty

If, in order to separate the spouses, it was necessary to resort to such a method of divorce as an appeal to the district court, then the plaintiff will need to pay a state tax in the amount of 600 rubles (see paragraph 5, part 1, article No. 333.19 of this Tax Code of the Russian Federation) for filing an application.

To obtain a divorce certificate from the registry office, you will need to pay another tax - 650 rubles. (clause 2, part 1, article 333.26 of the current law).

Thus, the plaintiff will pay 1,250 rubles for the entire procedure, and the defendant will only pay 650 rubles. for the divorce document itself. And if the plaintiff also wants to change his last name, he will have to pay an additional 1,600 rubles.

For carrying out the procedure for dividing property over 50 thousand rubles. it will be possible to pay a state fee from 800 rubles to 60,000 rubles. The exact amount of the fee depends on the total value of the property to be divided.

Peculiarities of consideration of cases related to disputes about children

There are often situations when divorcing spouses cannot come to an agreement on issues related to the future of their common minor children (a counterclaim may be made on these issues). In these cases, judicial divorce involves resolving a number of issues. Jurisdiction involves consideration of such cases by district courts.

The decision determines the parent with whom the child will live, as well as the amount of child support paid by the other parent. The law (Part 2 of Article 24 of the RF IC) establishes these requirements as mandatory. Divorce in court involves an analysis of the agreement on the residence of children. If the court finds a violation of their interests, it is declared invalid.

Public services

In Russia, you can file a claim for out-of-court divorce without leaving your home. The State Portal of State Services is a convenient way to divorce spouses. Moreover, it is also an economical option. When filing a claim on the website, the user receives a 30% discount on state fees. This means you will have to pay 455 rubles. each spouse, instead of 650 rubles.

On the portal, you can independently set the date for receiving the divorce certificate, but this will not affect the speed of the divorce procedure.

Do you need legal advice?

Divorce is a specific and difficult process. There can be many problems and troubles associated with it, so you need to contact specialized specialists for legal support. Moreover, from the lawyers of the online service “Accessible Law” you can not only get advice on how to correctly draw up an application or claim taking into account a specific situation, but also online conclude an agreement for subsequent work on the principle of a “safe transaction” - expert will receive a fee only after the service has been provided in the agreed amount. In addition, when transmitting any information, the service guarantees complete confidentiality.

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Who will be denied divorce?

According to Russian law, a woman can initiate the termination of a marital relationship while expecting a baby, and a man will need to wait 1 year after the birth of a child to get a divorce.

It is not allowed to combine the process of divorce and deprivation of parental rights under Article No. 69 of the Family Code of the Russian Federation.

In complex family circumstances, it is worth contacting a family lawyer to discuss your preferred divorce outcome. For some people, this may be the only way to defend not only their interests, but also the interests of the child.

Basics of property division during divorce

The main subjects of property disputes during division are movable and immovable property, as well as general debts. Initially, the court focuses on the equality of the spouses’ shares in jointly acquired property.

Such a dispute is resolved regardless of the presence of children, although the advisability of transferring certain items to the spouse raising the child may be taken into account.

Since it is difficult for both spouses to use the same apartment (see “Division of an apartment during a divorce”), a car (“Division of a car during a divorce”), or a dacha after a divorce, it is recommended to initially agree on the transfer of ownership rights.

The division can be carried out unevenly if the “deprived” spouse does not object to this.

One of the options to legally avoid paying alimony is to transfer the apartment for the use of the wife, with whom the children remain (with her subsequent refusal of alimony).

Debts and loans owned equally by husband and wife are often divided equally. If the loan was taken out by one of the spouses before marriage, then the issue of property division will be quite complicated. This is associated with the purchase and joint use of property acquired with borrowed funds, a special case of which is a mortgage during a divorce.

If there is no agreement between the spouses, the division process can be very lengthy and costly.

How to survive a divorce?

The issue of returning to normal life after divorce is delicate and controversial. No strict criteria can be applied to him, since a person is individual and immune to monotonous cliches. We will try to give only general advice that may be useful in this difficult situation.

You can reduce the intensity of passions and return to normal after a divorce from your husband faster if:

  • try to let go of your other half. It is meant not to erase all contacts on the phone and close the doors tightly, but to let go of the negativity, to recognize the freedom of the ex-husband;
  • do not go to great lengths - the desire to fill the emptiness in a wounded soul can end even sadder and hurt more painfully;
  • Find something you like - fitness, travel, skating, some hobby. You can throw yourself into your work, but don’t be too zealous about it—overexertion can lead to another nervous breakdown.

The advice for men is about the same as for women. There is one additional rule - do not “get into the bottle”. After a divorce, many representatives of the stronger half have problems with alcohol, which only aggravates the problem. Nobody demands to comply with the “prohibition law”, but it is necessary to limit the consumption of alcohol.

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