What do you need to file for divorce? Required documents.

To obtain a certificate of termination of marriage and the coveted stamp in your passport, you must submit the legally required package of documents to one of two government agencies:

1. MARRIAGE REGISTRY.
2. Court.

The choice of the government agency involved in divorce proceedings to send it an application for divorce depends on the presence of legal grounds specified in the articles of the Family Code.

You can find out in detail how divorces of spouses are formalized in the corresponding section of the article.

Procedure

By mutual agreement

Family law establishes that spouses must apply for divorce to the state registry office or to the court by mutual agreement, depending on the legal circumstances indicated in the table.

To dissolve marital ties by mutual consent through the registry office, spouses must take the following actions:

1. 
   Submit documents to the employees of the state civil registry office: A jointly written application in form no. It should note that the participants in the family union have no children, and they have no disputes about the fate of the common property.

2. Certificate confirming the existence of an official marriage.
3. Applicants' passports.
4. A check or other paper documenting in writing the fact of payment of the duty.

The peculiarities of dissolution of marriage relations in a judicial body in the presence of a mutual agreement of the spouses include:

• The court is prohibited from finding out the reasons for the breakup of a family.
• A shorter period of time allocated for the divorce process: no less than 1 month and no more than 2 months.

The documents submitted to the judge to initiate a claim are:

1. Statement with a list of claims. Its sample can be downloaded here.
2. A document confirming the identity of the applicant.
3. Documents confirming the existence of a marital relationship between the parties to the proceedings.
4. Birth certificates of minor children.
5. Alimony agreement, if one has been concluded.
6. An agreement on the division of common property, if the wife and husband entered into it.
7. A list of joint material assets that spouses want to share.
8. Expert reports on the assessment of common items.
9. Certificate of the defendant’s earnings.
10. A document confirming the transfer of fees for the provision of judicial services.

If the judge satisfies the plaintiff’s claims and terminates the spouses’ marital relationship, then after the decision or court order is given legal force, an extract from the judicial act will be sent to the former spouses and the registry office within 3 days. Former spouses are required to come to the state registry office with this extract and receive a document on the dissolution of family relations.

Unilaterally

In part two of Article 19 of the Family Code, you can learn about the list of conditions that allow an interested person to begin the procedure for terminating a marriage relationship at the state registry office without the consent of the second spouse and regardless of the presence of children under the age of majority. These include:

1. 
   The conviction of the other spouse for a criminal offense, the consequence of which is the placement of the imprisoned spouse in prison for a period of time exceeding three years.

2. The unknown absence of the second member of the marital union, recorded in the relevant court decision.
3. The incapacity of the second participant in the family relationship, confirmed by the court.

To formalize the termination of marriage, the applicant must follow the following procedure:

• Submit to the state registry office a list of documents, including: An application written in form no.
• A certificate confirming the existence of a registered marriage union.
• Own passport.
• A paper with information about payment for state registry office services.
• The corresponding court decision or sentence against the other spouse.

The jurisdiction of the judicial authorities includes cases of dissolution of the marital union if one of the spouses insists on breaking family ties, for example, due to infidelity, and the other spouse wants to save the family.

In this case, the judge usually gives the wife and husband 3 months to save the marriage and avoid divorce. It does not matter whether the spouses have disagreements regarding the distribution of jointly acquired assets or disputes about alimony payments or not. Until the court is convinced that it is impossible to maintain the marital relationship, it will not divide the property and decide the issue of alimony.

If reconciliation does not occur, the court terminates the marital relationship and, if necessary, divides the joint assets of the wife and husband, and also resolves the alimony issue. After the judicial act is given legal force, within 3 days it is transferred to the registry office, which was involved in the marriage of the former spouses. The court also sends by mail the corresponding extracts from the judicial act to the ex-husband and wife.

After this, the former spouses visit the state registry office, having the following documents in hand:

1. Application written in form no.
2. Passports.
3. Certificate of official marriage between them.
4. A document confirming the transfer of divorce fees to the state treasury.
5. Extract from the act of the judicial authority.

As a rule, by the time you apply, the document recording the fact of family breakdown is already ready, and the former spouses only need to pick it up.

Simplified cases of divorce

An interested person may terminate family legal relations in a simplified manner without the presence of the second spouse in the following cases:

• Declaration of death of the second member of the family union.
• The spouse outlived the wife or husband.

The procedure for dissolving a marriage in this case is as follows:

1. 
   Documents are submitted to the registry office in person by the applicant, either through the State Services portal online, or through the MFC. Their list includes: An application drawn up in form no.

   Read also:  What is the difference between common shared and common joint property?
2. Passport.
3. Certificate of concluding a family union with a deceased spouse.
4. A document confirming the transfer of duties in favor of the state.
5. A certificate confirming the death of the second spouse, or a court decision declaring the other spouse dead.

Divorce from a foreign citizen

Termination of a marriage relationship in which a foreign citizen acts as one of the spouses is governed by the following rules:

• On the territory of Russia, marital relations between Russian citizens and foreigners are dissolved according to Russian laws.
• Family relations between a Russian citizen and a foreign citizen living outside the Russian Federation can be terminated at diplomatic missions and consulates on the grounds specified in Article 19 of the Family Code of Russia.
• The marriage of a foreigner and a Russian citizen living outside the Russian Federation can be terminated in a Russian judicial authority on the grounds enshrined in Article 21 of the Family Code of Russia.
• A Russian citizen and a foreigner can get a divorce in a foreign country in accordance with the legal norms of that country. Such a divorce is recognized by the Russian Federation as valid.

Divorce at the registry office

The official separation of spouses through the registry office is the fastest and most convenient way to end a marriage. Just 30 days - and both spouses can consider themselves free. However, not everyone can be divorced through the registry office, as there are mandatory conditions, which we will discuss later. A month is required : firstly, the necessary documents are not always ready by the day the application is submitted, and, secondly, often within a month the husband and wife change their decision and withdraw the application. To successfully complete the divorce process through the registry office, spouses need to collect the entire package of relevant documents.

In what cases does the registry office divorce?

According to the canons of Russian legislation, the civil registration department can accept an application for divorce only in two cases :

• if both spouses agree and are ready for a divorce
• if they do not have children together (or they are already adults)

All of the above is true when both spouses appear at the registry office to submit an application. It can be submitted by one of them in the following situations:

• If the second spouse is officially declared dead or missing.
• If you become incapacitated (by court decision).
• If serving a sentence in a correctional colony of any type, provided that it is more than three years.

If the situation does not coincide with any of the cases provided for by law, an application for divorce should be submitted to the courts.

Which registry office should you submit documents for divorce to?

It does not matter at the place of registration of which of the spouses the corresponding application will be submitted (by the way, most often they have a common registration). You can also contact the registry office where the marriage was registered. There is only one condition for accepting the application - voluntary consent to divorce of both spouses . If one of them, for some reason, is not able to personally submit an application, he can transfer it through the second spouse or even send it to the address of the registry office by registered mail. But the signature of the absent person in this case must be certified by a notary or, in the case of serving a sentence in a correctional institution, by its head.

must appear at the divorce . One of them may not come only for a good reason, but their list is strictly limited:

• Serious illness or injury.
• Compulsory service in the armed forces.
• Long business trip.
• Living in a locality with limited transport links.
• Staying in a correctional labor colony.

In any other case, the application will have to be withdrawn and resubmitted when both spouses are ready for this.

What documents need to be prepared?

The corresponding application is filled out - form 8 , if the spouses write it together, or form 9 , if one person writes it alone. The document must indicate the passport details of both participants in the process, date and place of birth, nationality and citizenship. Be sure to add the registered and actual address (if they differ), information about the marriage, and last names after the divorce for each spouse. The date and signatures of the parties are included. The application is assigned a registration number and a corresponding note is made.

Additional documents you will need are copies of passports, a marriage certificate (original) and a receipt for payment of the state fee, which is equal to 650 rubles. It is paid for by both spouses.

If the other party is considered dead or missing , a court decision is added to the list of documents confirming this fact and entering into legal force. For cases where the spouse is in prison, you will need a copy of the verdict. A corresponding decision will also be needed when divorcing an incapacitated spouse.

Spouses' application for divorce at the registry office

When both spouses live in the same city , they can file for divorce at the place of registration of either of them . But there are situations when one of them lives far away - in another locality. In this case , there are several options for filing a divorce application:

• Arriving in person to submit and register the document.
• By sending the application by registered mail.
• Filling out a special form via the Internet.

The latter is possible only by applying to the authorities in your region and provided that those divorcing do not have joint children under the age of 18 , disputed property and mutual material claims against each other. In some cases, the list of additional documents for the divorce application includes a copy of the marriage contract, as well as a property agreement, according to which there are no longer any claims.

Sample application:

Divorce procedure through the registry office

Spouses submit an application in the prescribed form and additional documents to it. Perhaps the registry office employee will ask you to provide other papers if the situation requires it. You are then given a period of thirty days (30 days) to confirm your decision. Many couples manage to change it and decide to give the family a second chance. Then the application is withdrawn and the process is automatically terminated. If this does not happen, the spouses are considered divorced and receive documents confirming this fact. A divorce application may be rejected if the spouse is pregnant.

Submitting an application online

In order not to waste time, it is possible to file for divorce via the World Wide Web. This can be done in two ways:

The first is to fill out a special form on the government services website. But there is a nuance - it will be possible to submit an application only if such a form is available on the website of the very registry office where the participants in the process generally have the right to submit an application.

The second is to find a company that specializes in this area (divorce proceedings) and submit an application there. We need a company that belongs to the relevant region. You will need to register, enter all the data that is relevant to the case, leave your contact details, fill out a standard application form and confirm that the application was submitted legally. What exactly is needed to confirm your identity will be indicated on the website.

When you can’t file for divorce

How to divorce your wife if she is pregnant or caring for a baby who has not reached one year of age at the time of filing a claim for termination of marriage with a judicial authority?

Family law prohibits a man from divorcing in this situation at will, since the law requires that he take into account the opinion of his wife. In other words, a divorce can be filed only if the spouse does not object to separating from her husband. Therefore, the court will reject the husband's claim.

How long does it take to file a divorce?

When collecting documents for divorce, you should not forget that all cases related to the dissolution of an official marriage are considered on an individual basis. Sometimes documents may be required that are not on the lists. Especially if the divorce occurs through the courts.

Consideration of the divorce case in the registry office with the consent of both parties takes much less time than the procedure through the court. Usually this is no more than 1 month. In case of divorce in court, the process takes 2–3 months. But the duration of the divorce also depends on each specific situation.

Required documents

When registering a divorce by mutual agreement, the spouses must bring the following documents to the registry office:

• Application written according to form number 8. To fill out the document correctly, you should familiarize yourself with the sample, which can be downloaded here. It is written either jointly by both participants in the marriage, or by each spouse separately. Keep in mind that the registry office will not accept a document with marks, so it is unacceptable to correct errors in words or numbers in the application.
• Marriage certificate.
• Passports for identity verification. Each spouse brings the original document to the registry office.
• A receipt or other official document confirming the transfer of funds to the state treasury as a duty.

What is needed for divorces by the sole decision of one of the spouses can be found in the following list:

1. 
   Application for the registry office, written according to form number 9. In order to complete this document without errors, you should first study the sample, which can be downloaded from this link from the Internet.

2. Certificate of concluding a family union.
3. Applicant's passport.
4. A receipt or other official document confirming the transfer of funds to the state treasury as a duty.
5. A decision or sentence from a court that certifies the presence of such legal facts as: Criminal punishment in the form of placing a prisoner in prison for a period of time exceeding 3 years.
6. Recognition of the other spouse as missing.
7. Recognition of the other spouse as an incompetent person.

If the parties to the marital relationship were divorced by the court, then after receiving an extract from the decision they submit the following list of documents to the state registry office:

• An application written in form number 10. You can see what it looks like by clicking on this link. It is written either jointly by both participants in the marriage, or by each spouse separately.
• Extract from the judicial act on the dissolution of the family union.
• Document on registration of marriage relations.
• Passport from the applicant or both spouses, if the application was drawn up by them jointly.
• A paper certifying the fact of payment of the duty to the state.

Divorce certificate

It is also worth recalling that picking up the original divorce certificate from the registry office is quite important, but it should be remembered that the marriage relationship is considered completed only after the fact of divorce is registered in the documents of the relevant authorities or the final court decision gains legal force ( see → how to fill out | how to restore a divorce certificate). If you lose your certificate, it will not be difficult to get a new one - to do this, you should contact the registry office where you received the lost certificate. Be aware that you will need to pay the established state fee again.

State duty

The amount of money that spouses need to transfer for government services for the dissolution of family relationships is indicated in the table.

Detailed instructions on how to calculate the amount of money required by the plaintiff to initiate litigation to divide the common property are described in the table below.

Divorce by mutual consent

Divorce by mutual consent can be carried out with or without children. This type of official termination of a relationship is the least traumatic and painful.

The simplest procedure is divorce by mutual consent without children. You can officially terminate the relationship at the registry office. The list of documents is presented above. The period after which the procedure will be completed is 30 days. At the time when documents are submitted to the registry office, it is important for both spouses to be present at the same time.

The procedure may be complicated by:

• the presence of children (then the former spouses will be divorced in court);
• if the family’s property exceeds 50,000 rubles, and it is impossible to divide it independently (the case is also referred to the court).

When terminating an official relationship, the following issues are resolved in court:

• who will the child stay with?
• how the division of material assets will be carried out;
• What is the amount of child support accrued?

With an agreed conversation in court without any claims, the divorce procedure ends quickly. If the dialogue is difficult, the judge often assigns the divorcing an additional period of 3 months to try to restore the family.

List of documents that need to be collected for divorce at the registry office:

• passport of husband and wife;
• applications (filled out according to the sample);
• a receipt with payment of the state duty (in 2021 it is 1250 rubles);
• marriage certificate.

If the situation of those getting divorced is being considered by the court, you will need:

• all previous papers;
• statement of claim (3 copies);
• birth certificates of children if they are under 18;
• certificates confirming registration;
• If the issue of alimony is being decided, you need to get a certificate of income.
• If only one of the spouses will be present, a power of attorney confirming the interests of the spouse will be required.

Having children

The Family Code directly establishes that if a family is raising a child who is under eighteen years of age at the time of dissolution of the parents’ marital relationship, then the divorce of the spouses is the prerogative of the judicial authorities.

The jurisdiction of the dispute over various judicial authorities is indicated in the table.

Having decided on the type of court authorized to decide the issue of dissolution of marital ties, the interested person needs to establish the place where the court hearings will take place. Jurisdiction is governed by the following rules:

1. By default, the plaintiff is obliged to send his claims to the court located in the same locality where the defendant lives.
2. When divorcing a marriage with children, the plaintiff, if he has a dependent child, can submit an application to the judicial authority at his own place of residence.
3. By agreement between the parties, the dispute may be considered in any court chosen jointly by the defendant and plaintiff.

Along with the statement of claim, a sample of which can be downloaded from here, the interested person submits the following documents to the court staff:

• The applicant's identification document, such as a passport.
• Certificate of marriage between the defendant and the plaintiff.
• Documents for children, for example, their birth certificates.
• Alimony agreement, if one has been drawn up.
• A certificate confirming the defendant’s level of earnings, or a tax return. These papers are necessary for a mother with many children in order to receive child support.
• Requirements for the distribution of joint property between the wife and husband, if the corresponding claim is filed along with a request for termination of the marriage.
• An agreement on the place of residence of children and on the responsibilities of parents for their joint upbringing, if it was concluded before the trial.
• A document certifying payment of the court fee.

The court dissolves the family relationship between wife and husband during the following time periods:

1. With mutual agreement - 2 months from the date of transfer of claims.
2. If the wife or husband disagrees, within 3 months from the moment the judge invited the spouses to reconcile and preserve the marriage bond.

Before the court hearing, a spouse thinking about how to divorce a man and not give him her child must prepare the following evidence:

1. Information about your earnings.
2. Information that children will be supervised during her work. The testimony of a close relative or a third party, for example, a nanny who agrees to look after the children, will be sufficient.
3. Characteristics from the employer.
4. A document from the guardianship authority confirming that the mother has better living conditions for the child than the father.
5. If the father is an alcoholic or drug addict, then this fact significantly increases the chance of the judge making a decision in favor of the mother. All you need is an official certificate from a medical institution confirming this fact.

An important issue is the amount of child support benefits. If there is no agreement between the parties to the marital relationship regarding alimony, then the court orders it to be paid in accordance with the number of children:

• 25% of the recipient's earnings per child.
• 33% of earnings - for 2 children.
• 50% of earnings - for 3 or more children.

Judicial acts on the termination of marital relations if a married couple has young children are given legal force:

• Court orders – 10 days from the date of their issuance.
• Decisions - 30 days from the date of issuance, however, the part of the decision relating to the collection and procedure for calculating alimony payments is given legal force immediately after announcement.

Divorce in district court and other nuances of divorce

We will tell you about divorce in the district court from the spouse’s side. Almost everything is similar for the female side. And so, judicial proceedings make it possible to solve the problem of divorce in cases where the wife does not give her consent to the official severance of the relationship, or makes demands regarding joint children or common property.

As a general rule, divorce is carried out before a magistrate. However, if there is a dispute about the division of joint property, about determining the place of residence of children, about the conditions of keeping and raising children, the divorce process is carried out in a district court.

In such situations, the court does not set itself the task of preserving the marriage, although the spouses are given a period of reflection. It is more important to understand the reason for the parties’ persistence and choose the most acceptable solution that would suit both parties to the proceeding. For example, with regard to determining the main place of residence of minors, the judicial authority must take into account the positions of the spouses and the interests of the children. Claims for the division of property acquired during marriage can be considered both as separate claims and as part of claims for divorce. In such situations, the key points in determining the share of each spouse are : legal grounds (provisions of the Family Code), as well as the interests of the children.

When can you not divorce without your wife's consent?

It is worth noting that the husband’s desire to divorce is not always enough for the court to make a positive decision. For example, a judicial authority has the right to refuse to satisfy a man’s wishes to divorce his wife if there are the following grounds:

• if at the time of going to court the wife is carrying a child together;
• if the spouse is on leave to care for a common child less than a year old. This restriction remains in effect for a year even in the event of a stillbirth or the death of a newborn.

The procedure for applying to the court

To divorce your wife without her consent, you must contact the appropriate magistrates' court at the place of residence of both spouses or one of them. The application indicates required for such claims, as well as the grounds that forced the husband to divorce, for example, refusal to voluntarily terminate the marital relationship through the registry office, the impossibility of further cohabitation due to non-participation in the common life of one of the spouses and other reasons. In addition, in the main part of the claim, you can indicate information and circumstances that are important, from the applicant’s point of view.

The statement of claim, when filing an application with the district court, is also drawn up in 2 copies with the following documents attached:

• marriage certificates;
• copies of the plaintiff’s identity document;
• birth certificates of a common child (children);
• other documents relevant to the resolution of the case.

Sample statement of claim for divorce with division of property:

Making a decision

If the husband’s demands are limited only to the demand for divorce, and the wife, who previously did not want to get a divorce, changes her mind in court and agrees to the divorce, the process will not last long.

Otherwise, the spouses are given time to think about the situation and make a decision. The maximum period given to spouses for reflection is three months. After the expiration of the period for reconciliation, the court will make a final decision on the case.

Since modern legislation provides complete freedom of choice to married couples, there are no grounds for refusing to satisfy the plaintiff’s demands, other than those provided by law.

Moreover, deliberate failure to appear in the courtroom to consider a divorce case is considered not as a reason for refusing to satisfy the requirements, but as a manifestation of disrespect for the court and a complete lack of interest of the defendant in the outcome of the case.

In cases where both parties to the case fail to appear at the court hearing without providing information about their whereabouts and valid reasons for failure to appear, the civil case is subject to termination . Then, in order to resume the divorce procedure, the plaintiff will have to file the claim again.

Spouse's rights

Even in cases where a positive decision is made in the case, the ex-husband should not forget about the wife’s right to appeal the court decision within the period established by procedural legislation.

In addition, there is always the possibility that a woman, previously declared missing, will suddenly appear and apply to the judicial authority with a claim to cancel the divorce decree. Such situations, of course, are rare and unlikely, but more unusual events happen in life.

Without going to court, that is, by applying to the registry office departments, divorce is possible only in cases where the spouses do not have children born in marriage who are minors, and if there is mutual consent . When there are such children, or the initiator of the divorce is only the wife or husband, the divorce is carried out in court, as a rule, by justices of the peace.

What to do if the plaintiff does not appear in court

Depending on the reasons why the plaintiff did not come to the dispute hearing, the court may make one of the four decisions indicated in the table below.

To court

The family and civil procedural legislation of Russia does not contain a clear list of documents for a divorce claim. When filing a claim and documents for divorce, you should be guided by Art. 132 of the Code of Civil Procedure of the Russian Federation, we will clarify the necessary nuances with a lawyer.

The following documents are attached to the statement of claim:

• a copy of the marriage certificate;
• payment slip confirming the paid state duty;
• a copy of the power of attorney if the interests of one or both spouses will be represented by a lawyer.

Statement

The law does not establish a specific form of action for divorce, suggesting that one should be guided by the general provisions of Art. 131 of the Code of Civil Procedure of the Russian Federation, taking into account the procedure for divorce reflected in the Family Code.

Based on practice, the following information is required in a divorce claim:

• the name of the court to which the claim is filed;
• personal information of the applicant and respondent (full name, place of residence, contact numbers);
• motivation for dissolution of the marriage, reasons and circumstances of termination of the relationship;
• requirement for divorce (division of property, determination of monetary support if one of the spouses has a disability).

The sample claim presented below applies only to the simplest version of divorce. In all difficult situations, it is strongly recommended to consult with a lawyer.

Copy of the passport

A copy of the applicant's passport is attached to the claim to confirm his identity. Nowhere in the law is there an obligation to provide this document, but when filing a claim by mail, it is still recommended to attach a copy of your passport.

Important! You must take the original with you to the hearing, otherwise you may not even get into the courthouse without confirming your identity.

No one has the right to take or keep your passport. Keep a close eye on your main document!

Copy of marriage certificate (marriage certificate)

If you have a marriage document, a copy of it must be attached to the claim.

If the marriage certificate is lost or retained by the second spouse, then you can limit yourself to a marriage certificate or you can get a duplicate certificate.

For more information, see the article “Can I file for divorce without a marriage certificate?”

Additional documents

If spouses have a dispute about the division of property, then additionally attach:

• income certificates;
• on the right of ownership of real estate;
• checks and other documents for the purchase of movable property;
• documents on registration of rights;
• bank statements, etc.

Duty payment receipt

When filing a claim in court, you must pay a state fee of 600 rubles.

Details for depositing funds should be obtained from the court or a receipt can be generated on the court’s website. If the fee is paid by mistake, all problems with refunding the payment fall on the payer.

Important! Only the original receipt will be accepted. If the fee was paid via Internet banking, you need to confirm the payment with a paper document from the bank. Copies (even certified ones) are not allowed!

When filing, along with a claim for divorce, claims other than the termination of the marriage (division of property, termination of the marriage contract), the amount of the fee increases taking into account its size for each claim.

Basic principles of property division

The procedure for distributing joint material assets of participants in a marital relationship can be prescribed:

1. In the marriage contract.
2. In an asset division agreement.
3. In a court decision in a divorce case.

In a prenuptial agreement, the wife and husband can independently determine the types of assets that will pass to each ex-spouse upon termination of the marital relationship.

As for the agreement on the division of assets and the decision of the judicial authority dealing with property disputes between spouses, these documents must be based on the norms of family law. The law establishes that only jointly acquired material assets can be divided upon dissolution of family ties, and includes among them the following assets acquired after marriage:

1. Real estate of both residential and commercial nature.
2. Capital deposited in banking organizations or commercial organizations.
3. Social benefits, including pensions.
4. Financial payments transferred to the recipient without a special purpose.
5. Earnings from hired work, business or investments, as well as from the use of intellectual results.
6. Movable items, such as furniture or cars.
7. Shares and other securities.
8. Financial assistance from the state or private individuals.

It should be noted that if one of the spouses did not have earnings during the marriage due to valid reasons, then he does not lose rights to joint assets. These reasons include:

• Caring for infants.
• Serious illness.
• Incapacity due to disability.
• Running a family household at home.

The law includes the following as personal belongings of each spouse:

1. Property intended for individual use, such as hygiene items, shoes or clothing. This property does not include precious items, including luxury items.
2. Assets received under gratuitous agreements, for example, by deed of gift, exchange agreement or inheritance.
3. Things that were owned by each member of a married couple before the official marriage.
4. Exclusive rights to intellectual results.

There is one exception to the personal property rule. The law says that the investment of personal labor or finances of one spouse in the personal property of the other spouse, increasing its market value, can lead to the court recognizing this thing as common.

Joint loans and mortgages taken out by the wife and husband after the official marriage are distributed between them in accordance with the shares of property assets awarded by the court.

Where to file for divorce if there are no children

The Russian Family Code establishes two options for filing a divorce:

1. At the registry office. This procedure is regulated by articles 19 and 20 of the Family Code.
2. By the tribunal's decision. This procedure is regulated by Articles 21, 23 of the Family Code.

Important! Registration of the dissolution of a family union in the registry office or court takes place at the residence or registration address of one of the spouses, and can also be carried out in the registry office authorities that registered the marriage.

The general rule of the RF IC on divorce prescribes the mandatory presence of both spouses during its registration.

However, there are cases when the presence of a husband or wife during a divorce is impossible:

• if the permanent place of residence of the spouse is outside the country or in another region;
• if the wife (husband) is caring for young children, elderly parents, or a disabled relative.

In such a situation, you should sign a notarized application for divorce at the registry office and send it by mail, thereby completing a divorce from another city. The presence of the second spouse on the date of divorce is mandatory. If both spouses fail to appear, the registry office will refuse to register the termination of the marriage.

At the registry office

If there are no grounds for litigation, you can register the divorce at the registry office. The term for a quick divorce is one month and is possible:

• in the absence of disagreements between the former spouses;
• both applicants can be personally present when registering the divorce;
• The spouses have no dependent children (natural, foster or adopted, under the age of majority (18 years old);

When a marriage is dissolved in the registry office, all property claims of the spouses are considered in court on the basis of a separately submitted application. Disagreements regarding the division of property do not concern the civil registry office staff and apply only to spouses.

Important! The civil registry office employees register the divorce at the residence or registration address of the husband or wife. It is possible to apply to the registry office at the place where the marriage was registered, but in this case a certificate of marriage will not be required.

In a court

When you need to file a divorce through the registry office or through the court is prescribed by law. But there are situations when, even in the absence of small (minor) children, a divorce is filed in court.

For example:

• if the husband or wife refuses to divorce;
• if one of the spouses does not come to the registry office to sign a mutual application and does not want to notarize the application for divorce;
• the spouses have minor children, but there is no dispute;
• The spouses have a dispute about the place of residence of the children.

Hearing cases of divorce:

• magistrates' courts - on claims not related to disagreements regarding the future fate of children;
• district courts - on claims involving disputes regarding the place of residence of children.

Important! A claim for divorce is filed in court (magistrate or district) at the defendant’s registered address. If the plaintiff has a serious illness that does not allow him to attend court at the defendant’s residence address, the claim may be considered by the court at his residence address (registration). The fact of health problems must be documented.

In this case, the dispute without children will be considered by a magistrate.

Arbitrage practice

The case was considered by the magistrate of court district No. 179 of the Nikulinsky judicial district of Moscow in September 2013.

The husband submitted an application to the magistrate, in which he asked to terminate the marital relationship with his wife due to the fact that they do not live together and do not run a common household. Therefore, the plaintiff sees no reason to save the family. They drew up an agreement on child support, upbringing and place of residence for their common child on a voluntary basis.

The wife did not object to the claim and asked to end the marital relationship with her husband.

Having studied the materials received with the claim, the magistrate decided:

1. The case falls under his jurisdiction, since the spouses have no property disagreements or disputes about the child.
2. Since it is impossible to save the marital relationship, the plaintiff’s claims must be satisfied.

The legislative framework

Types of divorce

You can find out what you need to file for divorce by studying all the features of this process. And first of all, you should take into account the location of it.

Various life situations also play an important role in determining the method of divorce. The features of the process taking them into account will be as follows.