Where spouses without children are divorced. Divorce in the presence of minor children, when the divorce will not work, with whom the child will remain. Registry office: what you need to know
Each woman may have her own reasons for divorce. In the eyes of society, parents, friends and acquaintances, they can be respectful (for example, the husband "drinks-beats-walks") or disrespectful (for example, the husband earns little). But only the woman herself can make the final decision.
The fact is that the family legislation of our country establishes that to conclude and dissolve a marriage is a right, not an obligation. No one should be forced to marry or to marry against their will. Even if a man is against divorce, he cannot deprive a woman of her legal right for divorce.
Are there any restrictions for divorcing your husband?
Isn't there any legal restriction on divorce?
Certain restrictions do exist. But they do not concern women, but men.
A husband cannot divorce if a pregnant wife or a wife with a child under one year old is against divorce. At the same time, a pregnant woman and a mother of a child under one year old can divorce a man, despite his protest.
So, a woman has no legal barriers to divorce. Neither pregnancy, nor children, nor joint property, nor general debts can deprive a woman of the right to divorce. The only obstacle women face is the husband's refusal to divorce. But from the point of view of the law, this is not an obstacle at all.
Divorce methods if the husband is against
As you know, you can get a divorce in the registry office and in court, depending on the circumstances.
Divorce in the registry office
Even if a married couple has no children, divorce in the registry office is possible only on the basis of mutual consent of the spouses. If the husband is against divorce, it is unlikely that he will be able to submit a joint application to the registry office.
But in a number of cases, it is possible for the wife to single-handedly apply to the registry office with a statement on divorce, even if the husband is against:
- the husband has been imprisoned for more than 3 years for a criminal offense;
- the husband is incapacitated, which is confirmed by a court decision;
- the husband went missing or died, which is confirmed by the court decision.
If a man is alive, healthy, law-abiding and does not agree to divorce his wife, there is nothing left but to sue.
Divorce in court
Divorce, contrary to the unwillingness of the husband, is possible only in court. Moreover, the marriage will be dissolved at the request of the wife - the court cannot refuse to satisfy the legal right of a citizen.
The only thing that a husband can do is drag out the trial, demanding that the court set a time limit for reconciliation or skipping court hearings. However, sooner or later, the marriage will be dissolved.
Divorce litigation
Let's take a closer look at the divorce process in court.
How to make a claim?
The statement of claim is drawn up in accordance with the requirements of the civil procedure legislation and consists of the following parts:
- formal part:
- the name of the court to which the claim is filed;
- information about the plaintiff (wife) and the defendant (husband) - full name, date of birth, address;
- data about children (if any) - full name, date of birth, place of residence;
- descriptive part:
- where and when the marriage was concluded;
- a description of the circumstances of family life at the present time;
- the reasons why the wife initiates the dissolution of the marriage, arguments and evidence;
- how the issue of accommodation, upbringing and material support of children (if any) should be resolved;
- how the issue of common property should be resolved;
- pleading part- a request to the court to dissolve the marriage (as well as determine the place of residence of the children, assign alimony, divide common property).
- Date and signature of the plaintiff;
- List of applications:
- receipt of payment of state duty. Read more about the amount and procedure for paying the state duty for divorce in the article ““;
- copies of the claim and documents for the defendant;
- the passport;
- Marriage certificate;
- birth certificates of children (if any);
- other documents (certificates, characteristics, documents for common property, etc.)
You can find out more about the rules for drawing up a statement of claim and download a sample in the article ““.
Where to file a claim?
A statement of claim for divorce can be filed ...
To the magistrate's court - in case if….
- the spouses did not give birth to common children or do not have disagreements regarding the further place of residence, upbringing, material support of the children;
- the spouses have no disagreement about the common property, or the value of the property is not more than 50,000 rubles.
To the district (city court)- in the event that the spouses have disagreements regarding common children or common property, the cost of which is more than 50,000 rubles.
Note! If the spouses do not have children, you can file a lawsuit for divorce in the magistrate's court. Property disputes, if they arise in the future, can be resolved in the district (city) court.
How is a case considered in court?
If the statement of claim is completed correctly and Required documents provided the court accepts the claim for consideration. He sets the date for the first court hearing - usually one month after the lawsuit is filed. The plaintiff (wife) and the defendant (husband) are notified of the upcoming court session.
At the hearing, the court finds out how family relationships what was the reason for the divorce, is it possible to reconcile the husband and wife, how should the issues with the accommodation, upbringing and material support of children be resolved, with the division of property.
Situations often arise when a husband who is opposed to a divorce requires that a period for reconciliation with his wife be set - from 1 to 3 months. If during this period the husband fails to convince his wife of the advisability of keeping the family, the marriage will be dissolved at the next court session.
Court decision and divorce certificate
After 30 days judgment takes effect. An extract from the court decision is issued to the husband and wife - with it you need to go to the registry office, whose employees will enter the records of the dissolution of the marriage in the registration books.
The divorce decision comes into force 30 days after it was issued. The husband and wife receive an extract from the court decision to apply to the registry office and register the divorce deed. Spouses - now former - are issued divorce certificates.
How long does a divorce process take?
As mentioned above, at least a month passes from the moment of filing a statement of claim until the first court session. If the marriage is divorced already at the first meeting, you will need to wait another 30 days for the judgment to enter into force. Total 2 months.
But if the husband is categorically against divorce, he may deliberately delay the trial. For example, require a period for reconciliation with his wife (1-3 months). To avoid this, it is advisable for the wife to indicate in the statement of claim that reconciliation with her husband is impossible and to give convincing arguments, to provide evidence - witness testimony, expert opinions, certificates.
Another common male tactic is not to appear at the hearing, which forces the court to postpone the consideration of the case (up to 1 month). However, it must be said that the divorce proceedings cannot drag on indefinitely. Only three missed court sessions - and the court decides on divorce in the absence of the husband.
What if the husband is against divorce?
Since this site is solely devoted to the legal and not the psychological side of divorce, we will not give advice. Listening, forgiving, reconciling, trying to save a family or end family relationships are decisions that a woman has the right to make on her own, weighing all the pros and cons.
Divorce by mutual consent- This is a decision made by the spouses as a result of certain life situations that have led to the impossibility of further cohabitation. Termination of marriage provisions are governed by chapter four (arts.16-26)... can be terminated by voluntary agreement through the registry office or through the court.
It should be understood that the article describes the most basic situations and does not take into account a number of technical points. To solve your particular problem, get legal advice on housing issues by calling the hot lines:
Call now and solve your questions - it's fast and free!
Divorce by mutual consent in the registry office
Divorce in the registry office is considered the most in a simple way get a divorce. To be accepted, in addition to mutual consent, the absence of joint children under the age of eighteen is required. A family with a child is sanctioned exclusively through the courts. This fact also applies to the situation when there is jointly acquired property subject to division, more expensive than 50,000 rubles.
Before carrying a statement to the registry office, you must make sure that all of the above conditions are met. When everything is ready, it's time to submit application No. 9, filled out according to the sample, to the registry office at the place of residence. You can view and download it here:. In addition, you will need:
- the passport;
- a receipt that confirms the payment (650 rubles).
The presence of both spouses is mandatory at the time of submission of documents. An entry is made about the dissolution of the marriage in a special register.
Terms of divorce by mutual agreement through the registry office - 30 days. That is how much time is given to newlyweds to consider the expediency of marriage. Divorce by mutual consent without children and joint property is considered the simplest procedure. The divorce process, which takes place in court, is somewhat more complicated.
Divorce by mutual consent in court
Divorce cases in families with minor children or in case of need are considered in court. The process determines organizational issues... Usually this is all decided in advance - with whom the child will remain, how to divide the property, etc. The former couple comes to court to officially change their civil status and to give legal force to the agreement.
List of documents for divorce proceedings
The list of documents that are required in case of divorce through the registry office with the consent of the two parties:
- application forms from both spouses, filled out according to the sample;
- civil passports of spouses;
- receipt of payment of state duty;
- Marriage certificate.
Documents for registration of a divorce by mutual agreement through the court:
- all of the above papers;
- statement of claim in triplicate;
- in the absence of one of the parties - a notarized power of attorney to represent the interests of the spouse;
- birth certificates of minor children;
- certificates from the place of registration of each of the spouses;
- in the case of alimony, a certificate of income of a potential payer.
Learn more about the lists of documents for divorce,.
Before filing for divorce, it is worth considering how this decision will affect the children together. From now on, all actions to resolve the situation should be aimed at minimizing the psychological trauma inflicted on the child by the breakdown of the family.
Conclusion
- The process of dissolution of the marriage union by mutual agreement is carried out by the employees of the registry office or the court.
- If the spouses do not have children under 18 years of age and joint property is no more than 50,000 rubles, then a divorce can be obtained through the registry office.
- The size of the state duty for divorce: through the registry office - 650 rubles, through the court - 1250 rubles.
- The issue of dividing jointly acquired property over 50,000 rubles is considered by a district or city court.
- The agreement on the payment of alimony is drawn up by the magistrate's court, if it was not previously drawn up by the spouses.
The most popular question and answer for divorce with mutual consent
Question: My husband and I decided not to waste each other's time and nerves and agreed to divorce without courts. How can you do it the most fast way... Is it necessary to go to court if we both live in an apartment purchased with a mortgage? Victoria
Answer: Victoria, based on the fact that both spouses agree with the divorce procedure, a simplified procedure is possible through the registry office (according to article 19 of the Family Code). The presence of jointly acquired property does not oblige citizens to go to court with its section, since the Civil Code of the Russian Federation establishes the possibility of concluding any contracts if they do not contradict the legislation.
When contacting the registry office, you do not need to explain the reasons for the divorce. It is necessary to provide an application, receipt, passports, marriage certificate, and in special cases - confirmation of the absence of children. Another thing is that in addition to a voluntary agreement on the division of property (which must be notarized), it is necessary to notify the bank of a change in personal circumstances in order to conclude an additional loan agreement. The shares in the apartment and, accordingly, the amount of personal payments to the bank must be established in the same agreement.
List of laws
a href = "http://family-advisor.ru/wp-content/uploads/2015/07/Family-kodeks.pdf"> Family Code of the Russian Federation
Sample applications and forms
You will need the following sample documents:
There are no children in a marriage. There is no joint property. There is mutual consent to divorce. The situation is as follows: the marriage was registered in the city of Sevastopol. The wife has a residence permit in the city of Sevastopol, but now lives abroad. The spouse is registered and lives in ...
1200
price
the question
issue resolved
What is the correct way to file for divorce if there are no joint children and property?
Good day! I'm planning to file for divorce, I've been married for less than a year. There are no joint children and property. My husband does not know that I want to divorce, and will not give consent, he is now on a business trip for a month. We live on Far East in his apartment. I am moving to ...
How and where to file for divorce without children in this case?
Please see how, where and how much is the state duty in Moscow? Both spouses agree, no children. How long does it take from filing an application at the registry office to receiving a divorce certificate? Is it obligatory to apply to ...
Is divorce without children possible if the husband is in prison?
I want to divorce my husband and my husband was sentenced to 4 months in prison. A divorce is urgently needed and quickly whether we will be divorced in the registry office.
Is it possible to get a divorce if the spouse does not have a passport?
the husband does not have a passport （doesn’t want to do it), but a divorce is urgently needed. Can I submit documents alone and will they then divorce us?
How to get a divorce without a marriage certificate and the consent of your spouse if you live in different parts of the country?
hello, at 21, out of stupidity, he married a woman older than me, asked to sign, because she needed this stamp for paperwork, we have not lived together for a long time and I want to divorce, we have been living in different parts of the country for 3 years, my wife does not want to send ...
What is the procedure for filing an application for divorce and establishing a child's place of residence?
Good day! I need to get a divorce and determine the child's place of residence in court and (in case of a decision to leave the child with me) file for alimony. I realized that I should write a statement to the city court. What's the order? it must...
We want to file a divorce by mutual consent, but my husband lives in another country
My husband lives in Spain, I am in Russia. My daughter is soon two years old. We want a divorce. He cannot come. Is it possible to start the process without his personal presence? We are not planning to share anything.
Is it possible to get a divorce without a trial if the marriage contract does not say anything about divorce through the court?
Is it possible to get a divorce without a trial if there is a marriage contract and nothing about divorce through the court is written in it?
How to get a divorce without a residence permit and registration if there are minor children in the family?
I have two minor children and my husband left the family a year ago. I want to fall for a divorce, but I have no registration or registration, can I get a divorce?
June 21, 2017, 22:24, question No. 1674678 Takhmina, St. Petersburg
What documents are required for a divorce if the spouse is in Russia, and I am in Kazakhstan?
Good day! I am a citizen of the Russian Federation and married to a citizen of the Russian Federation, we have two children 3 years and 7 months. We have not lived together for five months (I went with my children to my homeland in Kazakhstan, to my mother). Can I file for divorce and alimony from here, and what is needed for this ...
June 20, 2017, 12:24 pm, question No. 1672771 Love, St. Petersburg
The spouse's relatives instigate her to divorce in order to take away my child and part of the apartment
My wife and I lived on rented apartment, lived relatively well, if they argued, they soon reconciled and lived on. And when my daughter was born, my wife persuaded me to move to her mother, so that the mother would help babysit our child and help ...
Divorce proceedings are not uncommon and widespread. Not taking into account the psychological strain of the spouses and their loved ones, for a divorce it is necessary to observe the legal subtleties. Therefore, the main question for couples is where to apply for divorce if there are no children. Today there are three bodies authorized to dissolve marriage unions: the registry office, the magistrate and the city court.
Most simple method is an appeal to the body for registration of acts of civil status. The main condition for filing a request is the absence of joint children under 18 years of age. In all other cases, the application is filed with the courts, unless the situation concerns exceptional situations. Due to the relevance of the issue, this article will provide complete information on how to get a divorce.
All additional questions are answered by the lawyer on duty through the online contact form.
When making a joint decision to divorce, citizens must draw up an application for divorce. This document must contain such information as:
- surname, name, patronymic of the participants in the divorce;
- data from passports;
- indication of the surname that will remain;
- date and signature of the parties.
In a situation where a couple does not have children, and they have no complaints against each other, the application is written in form No. 8 and submitted to the registry office.
If the spouses have controversial issues regarding the division of property, then a claim is drawn up, which indicates the requirements, reasons for the divorce and the substantiation of the controversial situation.
In addition to the application itself, the relevant documentation must be attached. This applies both to the application to the registry office and to the courts.
As a rule, the list of documents is as follows:
- marriage registration document;
- passports of the parties and their TIN;
- a receipt confirming the payment of the state fee.
Regardless of where the application will be submitted, the husband and wife are given 30 days to find ways to reconcile. If during this period the application is not withdrawn, then the decision will be made and the dissolved marriage cannot be canceled. Simply put, if a couple decides to keep the union, but the allotted month expires, they will have to get married again.
Nuances of filling out documents
Drawing up a request for divorce without children is mandatory. It is sent to the registry office or, if there is disagreement on the property and upbringing of children, to the magistrate's court. Issues related to claims against each other are considered in the city court.
The filing of a request for divorce is possible both jointly and separately. The same rule applies to documents. For this, there is no need to stock up on the consent of the other side. However, there are times when the other half gives the go-ahead for divorce, but she does not have the opportunity to be present in court or visit the registry office. With this arrangement of affairs, it is necessary to draw up a written consent of the parties and certify it in a notary firm. At the same time, the consent must reflect all the nuances of the divorce proceedings, namely:
- consent to divorce;
- questions with whom the child will live;
- the amount of alimony payments;
- inventory of property;
- evidence base.
To file a claim with the court, you should collect the passports of the parties and make a copy of them. In addition to the above documents, you must attach the child's birth document, if any. Payment of the state fee is mandatory both when applying to the registry office and in court. The case will not be considered without the original check.
Personal and common property
It is this question that is often raised in consultations with lawyers. This is due to the lack of understanding what property is subject to, according to the law, division. And also how property is divided into personal and general.
On the one hand, this question is simple, since there is a clear statement that all acquired property during the marriage is common. At the same time, it does not matter who acquired it, and to whom it was registered.
In the SK of Russia, namely in Art. No. 36 it is said that the personal property of the spouses is items of clothing and footwear, but not precious metals and products made from them. In addition, the code specifies the categories of property related to premarital acquisition. It is this group that will be qualified in court as personal. Another important aspect is that being married, one party received property as a gift or as a result of a gratuitous transaction, incl. inheritance or services to the state, then it is also regarded as personal.
With regard to luxury goods, this is a separate subject for consideration. In the same code, Art. No. 34 clearly regulates the categories of property that is subject to division. So, if the breeder has a profit from the business, he receives wages, a pension or an allowance, incl. royalties, then this qualifies as joint. It also includes:
- movable objects;
- real estate;
- securities;
- deposits in accounts;
- stock;
- and other.
After the court receives an application for divorce and division of property, it considers it as an individual. This is due to the fact that there is no unambiguous regulation in the IC of Russia. Therefore, the judge is based on practice and current legislation. When deciding to divide common property, he relies on the standard of living of the parties, it is revealed that certain things can be attributed as luxury goods.
Where should the claim be filed?
From the jurisdiction of the case and its category, claims are directed to city courts or to the name of the magistrate, who is geographically located at the address of registration of the respondent or plaintiff.
So, when contacting a magistrate, he accepts statements of the following order:
- issuance of a court decision;
- divorce proceedings in the absence of disputes about the upbringing of children;
- division of the common property of the parties in case of divorce, if the subject of the dispute is worth less than 50 thousand rubles;
- other cases related to family law relations;
- claims to determine the procedure for the use of joint property.
By the way, the competence of the magistrate does not include cases of inheritance, the establishment of parental or paternity rights, as well as conflict situations on the recognition of the marriage union as invalid. All other claims must be made to the city court.
Thus, the district court hears such cases as:
- several claims are combined in the claim;
- there is a need to change the subject of the statement of claim;
- a counter statement is presented;
- part of the requirements relates to the magistrate, and the other to the district;
- changing the jurisdiction of the case at the magistrate.
General rules state that the statement of claim must be sent to the judicial authority at the place of registration of the defendant's party. When applying for a divorce without children, he is sent to the registry office at the place of residence of the defendant or to the place where the marriage was registered. A sample application for a divorce without children is in the first section of this article.
Counterclaim
In a situation where the other party to the divorce proceedings submits a counterclaim, it is sent to the same court where the primary claim was considered. However, there are also categories that allow the applicant to independently determine in which court the case will be considered. Such cases include:
- If the applicant does not know the address of residence of the defendant's party or he does not have permanent registration in Russia at all. The claim is filed at the address where his property is located or at the one that was known.
- Cases on the recovery of alimony payments, as well as the establishment of the fact of paternity, can be considered in the judicial authority at the applicant's residence address.
- In a divorce proceedings, the claim may be sent to the address of residence of the plaintiff's party if he is busy raising a child under 18 years of age or cannot appear in another court due to the severe course of the disease.
As you can see from the above, there can be a lot of legal subtleties in the divorce proceedings. Therefore, not every couple can understand these plexuses. Turning to a qualified lawyer, the specialist takes over almost 99% of decisions. Our portal is a guide to the world of legal information.
You can register a divorce by contacting the registry office, if the former spouses want to peacefully complete the unsuccessful family life... How to do this and under what conditions is it possible?
In cases where both spouses have nothing against registration of divorce, you can do this in the registry office.
But at the same time, two more conditions must be met:
- Firstly, by this time, divorced spouses should not have common children who have not yet turned 18 years old (minor adopted children are also taken into account);
- Secondly, the absence of mutual claims and claims against each other regarding common property. Then it is enough for them to pay established by law state fee, come to the registry office and fill out an application in the prescribed form.
If one of them cannot be personally present at this, he can submit a notarized statement of consent to divorce. The spouses can choose the registry office as they wish: at the place of residence or where they registered the marriage. And, a month after the day they received their application, the entire divorce procedure will be finally completed.
This deadline is set so that the former spouses once again become convinced of the correctness of their decision and approach this issue consciously, without resentment and mutual reproaches. But during this time, they have the opportunity to change their mind and refuse to divorce. Moreover, this period cannot be increased or reduced under any circumstances.
If the desire to divorce remains, then both spouses or one of them must come to the registry office on the set day.
This is a variant of divorce when aspirations former spouses faster to issue it match. But in life there are times when the spouses have all the prerequisites for contacting the registry office (regarding children and disputes), but one of them builds obstacles to the other in the quick registration of a divorce.
It turns out that there is already a dispute between the spouses about the divorce. The only way to solve it is to write a statement to the court. Therefore, in the courts there are often cases of divorce between spouses who have no minor children.
To go to court, you need an original marriage document. If it has been lost, you can submit a duplicate. A civil case in court for divorce is initiated by statement of claim filed by one of the spouses.
The term for its consideration depends on the position of the spouses and does not exceed three months. This time is also given for possible reconciliation of the parties. When you go to court, you must pay the state fee.
It is important to know that the spouses will be able to resolve the issue related to the division of joint property in court simultaneously with their divorce. If for some reason this was not done immediately, then the property can be divided within the next three years after the legal divorce. The main thing is not to miss this deadline.
What documents are needed for a divorce if there are no children and common property
Divorce registration by the registry office with the consent of both spouses is considered a short and easy procedure.
To complete it, you must have a minimum number of documents:
- the passports of the divorcing spouses;
- statements on the approved sample;
- the original (in its absence - a duplicate) of the marriage certificate;
- receipts that confirm payment of the state duty.
All these documents are submitted by the spouses when they appear in person at the registry office. Or it can be done by one of them, if the second spouse is limited to the transfer through him or by mail of a notarial declaration of divorce.
The powers of the registry office also include registration of divorce at the request of only one party in cases where it is not possible to obtain the consent of the husband or wife.
This can be the case when one spouse:
- declared incompetent and assigned a guardian;
- recognized as missing due to the fact that his whereabouts are unknown and there is no information about him for one year;
- sentenced by a court to serve a sentence in a corrective labor institution for more than three years.
In these cases, the second spouse, even with minor children, can apply to the registry office and file for a divorce there. To do this, he will have to additionally attach to the application a court decision that has entered into force on recognizing the spouse as missing, incapacitated, or a sentence in a criminal case.
And also indicate all the information he knows about his spouse's guardian and the address of the colony where the convicted person is. Indeed, the duties of the registry office include a message about the divorce being filed.
How to file an application for divorce at the registry office
Painlessly and quickly, without unnecessary red tape, only those spouses who agree to this, do not argue about property and do not have children under the age of majority can file a divorce in the registry office.
To do this, in addition to consent, the spouses only need to pay the state fee, prepare a marriage certificate in the original, passports and appear at the registry office.
There they will receive an application in the prescribed form, it will be necessary to jointly fill out and sign it. After the application is accepted, they will be announced the date when they need to come and receive a divorce certificate. Divorce can be made in the registry office both at the place of registration and at the place where the marriage was registered.
In cases where the second spouse is incapacitated or declared missing, about which there are court decisions, or is serving a sentence by a court sentence (his term should not be less than 3 years), an application for divorce can be filed by one spouse.
In such circumstances, the registry office will issue a divorce on an application filed by only one spouse. At the same time, it will not make any difference whether or not they have children under 18 years of age.
The process of divorce will take place in the same way as a divorce involving two spouses: mandatory payment of a set amount of state fees, presentation of a passport, marriage certificate, court orders and filling out an application. After the signed application is accepted, the date of attendance for the completion of the divorce procedure is announced.
Sample application for divorce without children and property
The application for divorce is filled out by the spouses during their personal visit to the registry office or by one of them, if the divorce is carried out without the consent and participation of the second spouse. The application must necessarily reflect the information about the applicants, whether the spouse who changed the surname upon marriage wishes to return the old one.
This statement is not written in an arbitrary form, there are legislatively approved samples of it. A sample of it can be obtained from the registry office or downloaded from the portal of public services.
There are three types of such statements:
- in case of divorce by mutual consent, the application form No. 8 is applied, which can be downloaded;
- at the request of one spouse, when the other is incapacitated, convicted by a court or is missing (form No. 9, form form),
- when the decision to dissolve the marriage was made by the court, and the registry office is only drawing up a divorce (form No. 10, the form can be found).
Employees of the registry office accept the completed application and determine the date when you can receive a document confirming the dissolution of the marriage.
