The easiest option divorce is a divorce by mutual consent of the spouses. This procedure is carried out through the civil registry office (Civil Registry Office).
In order for a divorce by mutual consent of the spouses to become possible, the following conditions must be met:
- absence of common minor children
- lack of property claims.
If these conditions are met, then it is necessary to write a joint statement filed with the registry offices. If the husband or wife does not express their consent, the case can be resolved solely by going to court.
In some cases, the consent of the second party is not required. This applies to situations where one of the spouses is recognized by the court as missing or incapacitated, or convicted of a criminal act to a term of more than three years.
Application for divorce
In order for the state body to have the opportunity to officially perform the dissolution of a marriage by mutual consent of the spouses, it is necessary to notify him of this need. There are two options for applying.
- Usual - submission of the application document according to form No. 8, developed by the Government of the Russian Federation, completed and signed directly at the department in the presence of an employee of the registry office.
- Notarial - submission by one party of an application on Form No. 8 with simultaneous filing of a separate document by another party who is unable to appear in person, by mail or through a representative (he must be certified by a notary, the head of the correctional institution or the head of the detention facility).
In a written request must be The following information is provided:
- Full name, date and place of birth, citizenship, place of residence of each of the applicants (nationality is optional),
- reason for termination of marriage
- details of the registry office,
- those names that will be worn by the husband and wife after the official separation,
- details of the identification documents of each of the parties,
- signatures and date of compilation.
To dissolve the family union, the husband and wife must go through the following procedural steps.
- The definition of the body of the registrarIn which the corresponding application should be submitted. It is not difficult to do this, since civil law provides the right to choose between the following sections of the registry office: at the place of residence of both parties, one of the parties, or at the place of marriage registration. This step, as a rule, does not take much time.
- Writing a statement to express consent to the dissolution of the marriage in the selected registry office.
- Payment of state duty. Currently, the state registration of divorce by civil registration bodies (including the issuance of a relevant certificate) is subject to a duty, the amount of which in 2015 is 650 rubles. This amount is charged from both husband and wife. It is paid, as a rule, on the day of submission of all documents.
- Waiting for the expiration of the period prescribed by law. By law, you must wait one month before the relationship officially ends. This period is counted from the day of filing the application documents.
- Directly divorce. During this procedure, at least one of the spouses must be present by law. On the same day, a certificate is issued that the family is no longer legally. The corresponding marks are put in the passports.
The second of the above steps may take a minimum of time during the joint execution of the application documents. However, when you file a petition by mail or through a representative, longer terms may be required.
Grounds for applying to the World Court
The judiciary should intervene in the divorce process only in cases where:
- divorcing people have common children who have not reached the age of majority,
- there is a dispute about the division of property,
- one of the parties does not consent to the separation.
At the same time, the magistrate’s court is authorized to allow the following types of cases about divorce.
- When there are minor children, but there is no dispute, that is, the couple signed an agreement on where the child will live permanently, and how to communicate with him.
- When there is a need share jointly acquired propertyand its cost does not exceed 50 000 rubles.
- If one of the parties I do not agree to divorce.
- If one of the parties is in fact not objecting to the dissolution of the marital union,shy away from passing the relevant procedure in the civil registry office (Civil Registry Office).
The judge should consider claims about the division of the jointly acquired, even if the parties have signed an agreement on what each of them will get when they have minor children. At the same time, this official not entitled deny parental rights, establish paternity or maternity, make decisions on the adoption or adoption of a child.
If, as part of the process, the parties put forward new requirements that cannot be resolved during a divorce in a magistrate’s court, the case is referred to the court of general jurisdiction (district) for further consideration.
When filing a claim you need to prepare the following documents:
- statement of claim,
- original and copy of marriage certificate,
- originals and copies of birth certificates of children (child),
- receipt confirming the fact of payment of state duty,
- statement of consent to the termination of marriage from the defendant (second spouse), notarized (if agreed),
- documents confirming the incomes of each of the parties to the process, if the claim is put forward in respect of the payment of maintenance,
- copy and original of the marriage contract (if any),
- a property sharing agreement certified by a notary (if such an agreement was reached in pretrial),
- an inventory of disputed property to which the jointly acquired regime applies, with the provision of documents confirming its value (if the parties cannot agree on its division independently),
- other documents that may help in resolving the case.
All of the above documents must be attached to the claim, as well as listed in it.
Where to serve
The claim is filed in judicial authority at the place of residence of the defendant. However, it is allowed to file it at the place of residence of the claimant for a divorce in a magistrate’s court if:
- he has minor children who actually live with him,
- his state of health does not allow him to address the respondent’s place of residence,
- The defendant does not object to the proceedings at the place of residence of the plaintiff.
What to indicate in the statement
In the statement of claim necessarily you need to specify:
- the full name of the judge and the number of his station,
- full names of the plaintiff and the defendant,
- the coordinates of the plaintiff and the defendant (residence and registration addresses, phone numbers, email addresses),
- place and date of marriage registration,
- date of termination of cohabitation,
- dates of birth of minor children,
- an indication of the absence of a dispute about their place of residence,
- an indication of the consent of the defendant to the termination of the marriage,
- the reasons or motives for the dissolution of the marriage (it is usually sufficient to indicate that further joint life is not possible),
- the requirement to dissolve the marriage
- the requirement to divide jointly acquired property,
- claim for alimony,
- list of documents attached to the claim,
- the plaintiff’s signature and date.
If there are any petitions, for example, to postpone the payment of the state duty or to consider the case in the absence of the applicant, they should be attached to the claim.
It is necessary to make a statement correctly so that it is not left without movement. If there are deficiencies in the preparation, the applicant is given the opportunity to eliminate them.
The procedure for consideration of the application and deadlines
After accepting the application by the court, the procedure for its consideration will be as follows.
- Within 7-15 days, the place, date and time of the trial shall be appointed, and the applicant shall be notified thereof. Given by law monthly term for the appointment of the proceedings. At the same time, the case cannot be considered longer than three months..
- If the defendant agrees with the claim, the marriage may be terminated by the court at the first meeting. If there are certain objections from the respondent, then the parties may be given a time limit for reconciliation in order to preserve the family. He can make from 1 to 3 months. Parties can provide strong justifications for reducing such a time limit. In this case, the meeting is postponed to resume after the time for reconciliation, if the claimant continues to insist on the termination of the marriage (regardless of the presence of the defendant’s consent).
- If the parties come to the meeting and continue to insist on a divorce, the claim will be satisfied. If the defendant fails to appear, after his third non-appearance the court will consider the case without him.
- At the end of the process, a decision of the World Court of Divorce is issued, which will take effect in a monthappealed to his appeal.
- After the decision enters into force, it is necessary to apply to the registry office to obtain a certificate of divorce.
The justice of the peace is the lowest judicial body authorized to resolve uncomplicated cases on the termination of marriage. The advantages of a divorce through the world court are the shortest possible time for consideration of the case and a fairly democratic procedure of production. The main thing is to make a claim correctly and attach all the necessary documents to it.
Divorce from the division of property: general provisions and legal principles
The axiom of family law is that all property acquired by spouses in a marriage is divided in half. However, the legal norms of the Family Code of the Russian Federation are written out in such a way that other ways are possible to resolve all issues regarding property, which is traditionally considered to be joint.
Thus, property that can be divided upon divorce can be delineated by the spouses in a written agreement, notarized. This can be either a marriage contract or a deal for the division of property in case of termination of the marriage. If one of these documents is available, its provisions will take precedence over the provisions of the Family Code.
If there is no agreement between the spouses, then all questions on the division of property are decided by the court. The relevant decision can be made both in the case of a divorce, and after the dissolution of the marriage. In this case, the court’s verdict shall state what property each member of the former family will receive.
When it is possible to do without trial
Here there are two options, how to divorce correctly and without consequences. If the husband and wife do not have joint children, and they both are not opposed to ending the marital union, then it is enough to submit a joint application to any convenient registry office. Then the divorce will be issued within a month.
The spouses can also resolve the issue with the property peacefully by entering into an agreement on its division in the presence of a notary. Its conditions provide for the composition of property that will remain at the disposal of each of the family members, the procedure and the timing of its transfer to each other.
In accordance with the contract, the property may not necessarily be divided between the husband and wife in half. Spouses have the right to establish other ratios of shares.
In addition, there is a possibility that the joint property will remain with the husband, but the wife will receive monetary compensation in the agreed amount.
However, you can do without a trial, but not always. If there is no contract, and it is necessary to divide the property, the petition will still have to be filed with the court. This is the only way to decide the fate of the property legally.
If the husband evades the divorce, what to do
When the husband does not give a divorce, then, of course, need to be tried. It may take more than one month. After all, if one of the parties is against a divorce, the court may give the spouses additional time for reconciliation, which may be three months.
To understand how to achieve a divorce, you need to study not only the Family Code, but also the legislation on civil procedure.
There, in particular, contains rules on the rules for filing a claim and its filing. In addition, the Code of Civil Procedure of the Russian Federation lays down the procedure for the consideration of the case in the court of first and subsequent instances.
Divorce from a husband and division of property may be the subject of a single statement of claim. However, before submitting it, consider the financial side of the issue.
After all, the requirements for property require separate payment of state duty. It is calculated based on the value of the disputed items.
If the former spouse refuses to give away the awarded property, he will have to initiate enforcement proceedings. Then the problems with the property must be solved with the help of bailiffs.
The order of divorce, if there is a child, has its own characteristics. First of all, divorce with rare exceptions always occurs through the courts. Even if the parents do not have property disputes among themselves.
When a couple has children, and the demands are made to determine their place of residence, the judge determines where they will live. Moreover, if the son (daughter) is ten years old, then the child’s opinion regarding future residence must be taken into account.
The division of property in the presence of children may imply that the court will divide the property of the spouses is not in equal parts, and the interests of the child here come to the fore. In addition, the legislation says that the things of children remain where they will live.
What to do with debts
Those unfulfilled obligations that the spouses managed to accumulate during the marriage period are also subject to separation upon divorce. There are several schemes for the practical implementation of this rule.
For example, a loan agreement can be changed into two similar ones for former spouses. Each of them will be responsible for it within its amount. Often people make monthly payments under an existing agreement within their part.
It also happens that the rest of the loan one of the spouses repay itself. After that, he receives the right to demand from the second spouse the collection of his debt.
Issues with debts to banks and other creditors are allowed to be negotiated in a marriage contract or agreement on the division of property. For example, one spouse takes the debts upon herself, and the second receives in return a part of the property or completely.
In case of divorce (if there are no written agreements), loans are divided in half only if it is proved that the loan was issued for the needs of the family. When money is taken for personal purposes, only the borrower will be responsible for the debt and after the divorce.
When equally does not mean justly
The legal principle of equality of shares in a divorce is sometimes not consistent with the realities of life. Take this example.
The wife works, and her spouse idle, or spends all earned on a loose life - abuse alcohol, gambling. In case of divorce, the Family Code of the Russian Federation does not intend to divide the property in equal parts by default.
However, the wife may insist on the opposite, and will be absolutely right. And paragraph 39 of the Family Code will come to the rescue.
Suppose a wife bought an apartment during the marriage, but for the funds that belonged to her before formalizing family relations. And at divorce the husband insists on its section. Then the spouse will be able to defend their rights.
As explained by the Supreme Court, property acquired in a marriage, but for money held by a spouse before his conclusion, is considered personal.
Personal property can also share, but on the condition that by the efforts of the second spouse it has increased significantly in its price in the market. In this case, the required documentary evidence of the relevant fact.
Divorce Property Divide Procedure
So, if people decided to part and at the same time decide the fate of common property, then it is necessary to prepare a claim for divorce and division of property. Before filing it, prepare evidence. In particular, you need to take care of determining the current value of the contested property.
The state duty necessary for consideration of the claim will directly depend on it. If it is also about divorce, then there is a separate payment. Its amount will be 600 rubles.
Then you should collect the required documents for a divorce.
This list includes:
- Copy of the passport.
- Marriage certificates.
- Birth certificates of children.
If divorce is due to compelling reasons (alcoholism of the husband, violence in the family), then it is advisable to attach all available documentary evidence to the suit.
Now about the property. It is necessary to make a list of things for which the claimant aspires, with an indication of their value. It will become part of the claim. In addition, an expert opinion (if any) must be attached to it.
A sample of the claim for divorce and division of property must also contain an emphasis on the fact that the property was purchased during the marriage period. Поэтому к заявлению в суд прикладываются копии договоров, чеков и так далее.
7 практических советов
Ниже мы предоставим проверенные жизнью рекомендации, которые помогут ускорить весь процесс деления собственности супругами. In particular, you will get an idea of where to file for divorce and division of property.
In addition, you will learn some of the details of the trial. Knowing them, you can more effectively defend their own rights.
The right choice of court in the division of property
The dispute on the division of property involves compliance with the rules of jurisdiction. If at the same time claims are filed for the dissolution of the marriage and for the property, the petition is filed at the place of residence of the other spouse.
When real estate or land is disputed, the case can be considered in court according to the territory of their location. Such rules are contained in the GIC. According to which the claim may be filed at the location of the disputed real estate.
Appeal to the magistrate
At the magistrate's case is considered much faster. The average review period is one month. However, a divorce and divide the property from a magistrate judge can be subject to two conditions.
The first of these is that there should be no disagreement about children between a husband and wife. As for the property, its value should not exceed the threshold of 50 thousand rubles.
Receipt of cash compensation
If the property cannot be divided physically, then it is allowed to receive the monetary equivalent of its share by the court.
For example, only a car is disputed by the spouses. It is understandable can not be divided into parts.
In this case, one of the spouses may qualify for a decent monetary compensation. Its size will be half of the current cost of the car (based on the principle of equality of shares).
Emphasis on "professional" things
In some cases, the circle of property subject to the division, and gets one that is necessary for one of the spouses to earn money. For a musician, these are musical instruments, for an artist - an easel, a workshop and the equipment located in it.
In this case, the courts usually leave the property to the party to which it is necessary. The opponent can insist on receiving a certain compensation in monetary terms.
Achievement of the settlement agreement
Its signing is possible on conditions that will suit both spouses. In this case, the property may not be divided equally or replaced by a sum of money.
The settlement agreement will enter into force from the moment when the district court or the justice of the peace approves it with its definition. Then you can perform further actions.
Getting the text of the decision and the writ of execution
When the court makes a decision on the divorce and division of property, you should not forget to get its text in full version. After all, it is needed for the registrar and other instances.
If the husband refuses to voluntarily transfer the property awarded, then a writ of execution must be obtained through the court of first instance. He is transferred to the work of bailiffs.
Paperwork after trial
Court decisions about the termination of marriage and the division of property is not enough. After it should be issued in the registry office a certificate of divorce. Today it will cost 650 rubles (they are paid by each spouse).
If the rights to the property obtained by a court decision are subject to registration (flat, car), then you should contact the Rosreestr or the MFC to re-register the documents in your name.
Questions and answers
Below we have collected the opinions of a lawyer on issues related to how to properly divorce and divide property. Situations in life are all sorts, so the opinion of a lawyer can be in many cases decisive.
Here are just some of the questions asked by visitors to our site. Answers to them are provided by professionals in the field of family law.
My husband was convicted of a crime of 5 years in prison. How do I divorce him and divide the property?
In your situation, you can arrange a divorce through the registry office, which is called, unilaterally. It will take one month from the date of your application.
As for the division of property, one should apply to the court at the place where the spouse’s sentence is being served or where the property is located (if it is the subject of a dispute).
Can I apply for division of property after filing a divorce through the registry office?
Yes, the registration of the dissolution of marriage in a simplified procedure does not deprive one of the spouse of the right to apply later with a claim on the division of property.
It can be submitted within three years from the moment when the second spouse will violate the procedure for disposing of common property. However, practice shows that it is better not to delay appealing to court.
What should be present in the court decision on the division of property
In the operative part of the court’s decision there is a list of the property that each spouse gets after the divorce. If the property has specific features, the court indicates them.
For example, if we are talking about an apartment, then indicate its address, area, number of rooms. By car, write the model and data numbers.
How to behave correctly?
- First of all, learn to keep cool and dignity. Analyze your whole life, lifestyle, children's morale and, if you come to the conclusion that it is impossible to continue living like this, then calmly, without pouring mud and hysterics, inform your husband about your decision. Naturally, this is not easy, especially when many problems and offenses have accumulated. But, the sooner you approach the question impassively and from a business point of view, the easier it will be to restore human relations after a divorce.
- To the divorce process was easier and less painful, it is better to contact a qualified specialist who will help avoid unforeseen situations and misunderstandings, advise how to behave properly in a given situation, so as not to harm either yourself or your husband.
- Do not turn children against your father, do not devote them to the details of the process of your divorce, and even more quarrels and scuffles, they are best avoided in the presence of a child. The child’s psyche is delicate and unbalanced at that age, so you only hurt your children, and not at all “it's time to grow up and understand why people are diverging.”
- The ideal option would be if you learn not to insult each other. Having lived for many years together, you, of course, know the many weak points of your spouse, but it is not at all noble to put pressure on them and humiliate each other using this knowledge. If you want the divorce process not to bring you the enemy, but, on the contrary, eventually gave a friend, then the ideal reason for the divorce, which you will call everything, including your children, will be “not contented”. Yes, because it happens that two good people could not get used to and get along.
Even if the issue with children is resolved peacefully, the division of property does not always turn out to be amicable. In order to claim this or that property, you need to know some of your rights and the rights of your spouse.
You should know that there is a private property of one of the spouses, which was acquired before marriage, property that was acquired through donation or inheritance, as well as property acquired for personal funds.
The property, which was acquired jointly by marriage, will be divided between the spouses in equal shares. And it doesn’t matter who invested more money, and maybe didn’t invest at all due to temporary incapacity, child care, education or housekeeping.
But there are exceptions to the rule. Explain simply. Before the marriage, the husband had a one-story house, and during the marriage he expanded and became, for example, a three-story building, and even with a sauna and an excellent courtyard, then such property can already be recognized jointly acquired and, in court, the property will be divided equal shares between spouses.
Thus, if during the time of being married, the property of one of the spouses has increased significantly due to the total monetary and labor costs, then it acquires the status of joint property.
Being savvy in such matters, you will make fewer mistakes and will not fall into unpleasant situations associated with the division of property.
Better skinny world
If you have decided all the issues related to the sharing of apartments, cars and other things, could not harm the emotional state of both your children and your own, then consider that you have already taken a big step towards good relations after divorcing your spouse. How to maintain a relationship after a divorce, and maybe even get a good friend?
Divorce is a delicate matter, it happens due to a variety of circumstances.
Most often, it is the care of a man or a woman to another person. Even if it happened that you met a new man with whom you decided to build a new family, leaving the old one, try to inform your spouse about this fact as gently as possible, without going into insults and humiliation.
The same goes for men. The abandoned woman experiences the care of her husband much more acutely and difficultly, falling into deep psychological depression. That is why, the ex-husband should continue to pay due attention to the former spouse - to congratulate on holidays, to take care of his child, to be interested in the affairs of his former family and wife.
And, if he has a new woman, then she should treat this process with understanding and pride for her man, that he is a deeply moral and well-bred person.
And, often, the time comes and the wounds of the soul are drawn in, especially if people behaved prudently and with dignity. It even happens that new families become friends, are friends in pairs and spend a lot of time together. And this is understandable, because for so many years of living together, you probably formed common interests and similar worldviews, which contribute to your new communication, but not as spouses, but as friends.