Divorce without children: through the registry office, through the court, without property

Sometimes married couples, having lived together for a short time, come to the decision to divorce. If the spouses did not have time to have children, then a simplified divorce procedure is applied to them.

Usually, a divorce without children takes place in the registry office, less often in court. In this case, there are some nuances, even if the husband and wife do not have mutual claims.

Reasons for divorce

Official dissolution of family relations is the termination of a marriage, recorded by the state.

Dear readers! In our articles we consider typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , please contact us through the online consultant form on the right or call us at:
 

+7 (499) 110-33-98 Moscow, Moscow region

+7 (812) 407-22-74 St. Petersburg, Leningrad region
+7 (800) 600-36-17 Other regions
Online consultant >>
It's fast and free !

In Russia, the law establishes two procedures for divorce: in the registry office and through the court. The statement of the registration authority does not require an indication of the reasons for the termination of the relationship.

The reasons must be stated in the statement of claim. They are divided into groups:

• Personal motives. Cheating is often indicated. Reasons such as reluctance to have children and lack of participation in family relationships are a consequence of marriage at an early age.
• Material bases. Economic instability and social problems lead to frequent quarrels in families due to financial problems.
• Incompatibility of characters. The broadest group, which includes misunderstanding, quarrels, selfishness, lack of respect, different worldviews, etc.
• Domestic problems include alcoholism, drugs, lack of participation in raising children, and violence. This includes interventions by close relatives, friends, and colleagues who pit one spouse against the other.

Package of documents

When there are no children and there is a dispute about the division of property, the simplest method is used through the registry office. Being childless means that the couple does not have a child under 18, who may be their own, adopted or adopted. Both spouses are capable. In this case, the registration authority must provide:

• Application in the prescribed form. It indicates personal and passport data, details of the marriage document, signature;
• Passports;
• Marriage certificate;
• Extract from the place of residence to confirm the absence of children living together.
• Receipt of payment of the duty. Now its size is 650 rubles;
• A notarized statement from one of the spouses if he cannot appear at the divorce procedure. His interests can be represented by a lawyer.

The marriage is dissolved one month after submitting the application and documents. The deadline is set in case the couple changes their mind.

The application must indicate the absence of children, the dissolution of the marriage without division of property, and the surnames assigned to the former spouses after the dissolution.

If one of the parties does not agree, the case is considered in court. The following documents must be prepared for the court:

• Statement of claim. The claim contains information about the plaintiff and defendant, the name of the court and address, and describes the essence of the problem. At the end, the plaintiff’s requirements and signature are required.
• Receipt for payment of duty.
• The law does not clearly define the list of documents attached to the application to the court. The main thing is that they must confirm the facts described in the claim. This could be a copy of a passport, an extract on family composition, property documents.

The divorce case is scheduled one month after the filing of the lawsuit. Both parties are notified of the time and date of the hearing. If one of the parties fails to appear or submits additional documents or petitions, the case may be postponed.

The decision made by the judge comes into force after 30 days. If it has not been contested, the plaintiff presents it to the registry office and receives a document on the termination of the marriage.

Features of submitting an application

An application for divorce is submitted to the registry office or to the court at the place of residence of one of the spouses or the consulate of the Russian Federation in another state. The application is filled out when the husband and wife appear in person at the registry office. It is possible to submit an application through the State Services portal, where a date will be set for a visit to the registry office with documents.

When filing for divorce from a husband without children, it is important to provide proof of their absence. The statement also states that the marriage is dissolved without claims for division of property. Only then will a simplified procedure be applied through the registration authority. And mutual agreement is confirmed by written statements.

It is worth remembering that it is advisable to enshrine peace agreements in a contract or agreement in order to avoid future litigation. It is important to specify the following points in writing:

• How is property divided?
• The procedure for paying joint loans, if any;
• Possible payment of alimony if there are adult children or children from a previous marriage.

When individually applying to a government agency for divorce without the consent of the spouse, it is important to indicate:

• Reason for divorce in this order (incapacity, imprisonment);
• If the spouse is convicted, indicate the correctional institution and the judicial act;
• Details of the incapacitated spouse (last name, first name and address);
• Details of the financial manager of the missing spouse;
• The listed reasons are supported by documents. A state duty of 350 rubles is attached to the package.

Divorce without court is impossible if there is a dispute about the division of property, one of the spouses refuses (evades) or is incapacitated. The case is being heard in the magistrate's court.

When filing a claim, it is necessary to describe in detail the controversial issues regarding the property and prepare documents confirming what is stated in the claim. They may be:

• Estimation of the value of the disputed property;
• Inventory of the property of the participants in the process;
• Documents confirming the right to sole ownership. This is real estate, movable property acquired before marriage, received under a gift agreement or by inheritance.

Source: https://zakonsovet.com/semejnoe/oformlenie-braka/prekrashhenie/bez-razdela-imushhestva-i-detej.html

Divorce through court without children and without property - How to get a divorce if there are no children and joint property

19,827 views

The procedure for divorce of spouses without children and without disputes about the ownership of jointly acquired property is one of the simplest divorce procedures, but at the same time it has its own characteristics and nuances.

• firstly, this is the possibility of divorce through the registry office within a month;
• secondly, this is a simplified divorce in the magistrate’s court without transferring the case to the district court, where the duration of the hearing of the case is longer than in the magistrate’s court.

It does not matter whether the spouses divided the jointly acquired property independently or whether they do not have any assets to divide at all. The main thing is that during a divorce, this requirement does not appear in the claim. Find out more about divorce and simultaneous division of property.

Where to contact

The law provides two ways to terminate a marriage:

• at the civil registry office;
• judicially.

At the same time, spouses are deprived of the right to choose how they want to get a divorce - the choice of body is subject to strict conditions enshrined in the law.

Where to start the divorce process without children - read here.

At the registry office

Divorce through the registry office also requires compliance with certain circumstances:

• the spouses have no children who are minors.
• divorce is the desire of each party, not just one of them.
• Both parties must appear at the registry office (in person or by sending a notarized statement);
• At least one of the spouses must arrive at the appointed date of divorce.

If at least one of the points is not met, the marriage cannot be dissolved in this manner. Also, the spouse who initially consented to the divorce at the registry office and signed the corresponding application may withdraw it before the expiration of a month from the date of filing.

To the world court

A divorce without children and without property will take place through the court in cases where:

• husband or wife objects to divorce;
• one of the spouses cannot or does not want to come to the registry office to write an application.

In the cases listed above, the statement of claim will need to be filed in the magistrate’s court at the defendant’s place of residence, or, if the plaintiff’s health condition does not allow him to travel to another city, the claim will need to justify the right to choose jurisdiction due to his health condition.

Important! When determining jurisdiction, the place of residence of the spouse is considered to be exclusively permanent official registration. If both spouses are registered in Volgograd, but live in Moscow, the claim will in any case have to be filed in Volgograd.

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

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

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

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

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

Third option:

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

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

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

How to get a divorce through the registry office?

• Divorce through the civil registry office is permitted with the mutual and absolute consent of the husband and wife to terminate the marriage.
• Any disagreements or avoidance of appearing at the registry office makes it impossible to terminate the relationship in such a simplified manner.
• You can submit an application to the registry office:

• directly to the civil registry office at the place of marriage registration or at the place of registration of the spouses;
• through the MFC;
• through State Services.

Order, procedure

1. The husband and wife come together to the registry office to submit an application. You can contact both the authority that registered their marriage and the authority at your place of residence. It is not at all necessary to submit an application at your place of registration.
2. In 2020, you can submit an application through the MFC or through State Services. You can choose any MFC in the city.

   And to apply through State Services, you must have an authorized personal account.

3. Spouses submit a joint application. If one of them lives in another city and cannot come to the registry office, then he can write an application at his place of residence, have his signature certified by a notary and send it by mail to the registry office.

4. At the registry office, employees check the submitted documents and set the day when the marriage of the couple will be finally dissolved. On this day, at least one of the spouses must come to the institution.
5. On the appointed day, the divorce is registered, the arriving spouse receives a copy of the divorce certificate.

   The second spouse can receive it at any time.

Application and sample

As a rule, filing a divorce through the registry office is much easier than in court, but at the preliminary stage, the parties must first correctly fill out an application, which has a form approved by law.

Thus, by virtue of Order of the Ministry of Justice of Russia of 2018 No. 201, when dissolving a marriage by mutual consent, it is necessary to fill out a form in Form No. 9.

If the termination of family relations is carried out unilaterally in accordance with Art. 19 of the RF IC, then Form No. 11, approved by the same regulatory act, is used.

1. If both spouses appear in person at the registry office, you will not need to fill out the application in person, since the employees of the registration authority themselves enter the necessary data into the program, and then print out the already completed application form and submit it for signature.
2. Particular attention to the accuracy and correctness of filling out the application form No. 10 will have to be paid only when deporting it from another city - in this case, the slightest mistake can lead to refusal to accept the application.
3. Find out more about the application to the registry office in a separate article.

Documents - list

To apply to the registry office to terminate the relationship, spouses will need:

• statement;
• passport;
• Marriage certificate;
• receipt of payment of a fee in the amount of 650 rubles (by each spouse).

It is not necessary to submit a marriage certificate to the authority that registered the relationship of the spouses. In other cases, you will need to obtain a duplicate document to complete the divorce procedure.

Divorce terms

The period for divorce in the registry office is 1 month.

The period is counted from the day when the registry office received a mutual application from husband and wife, or both applications, if someone sent the second one by mail.

Price

• The costs of divorce at a civil registry office are minimal.
• Each spouse will have to pay a state fee in the amount of 650 rubles.
• No additional expenses will be required, except perhaps notary expenses for a divorce from another city.

How to get a divorce through court

Dissolution of marital relations in court occurs only when spouses without children and property could not agree on a voluntary divorce. The husband does not agree with the divorce or the wife creates obstacles - it does not matter, all roads lead the arguing spouses to court.

Important! Spouses may have joint property, but they have the right to divide it later in court or agree peacefully by consent. For a divorce in the magistrate's court, it is important that the claim does not include a demand for the division of the spouses' assets. Even if they have disagreements, the court is not interested.

Order, procedure and nuances

1. Any legally significant action, including the dissolution of family relationships through the involvement of the court, implies compliance with the conditions established by law.
2. For divorce, a separate procedure for judicial proceedings has not been established, and therefore it is general.

3. Let's take a closer look:

1. Try to resolve the conflict peacefully. If the objecting spouse agrees to end the marriage, then it will be possible to divorce through the registry office without unnecessary problems.
2. Determination of jurisdiction of the dispute, court. It is necessary to find out where the claim will be filed, namely at which section of the magistrate’s court at the place of residence of the spouse.

3. Collection of documents, drawing up a claim and filing it. The claim is filed in person or by mail, the main thing is to correctly indicate the address for correspondence - it will receive a summons about the date of the hearing of the case or a court ruling on eliminating the shortcomings of the claim.
4. Appearance at the court hearing. If there is no request to consider the divorce without you, then you need to appear in court for the process.

   If you fail to appear again, the judge will leave the case without consideration if the defendant does not demand a divorce.

5. Receive a decision and present it to the registry office. After the decision comes into force (30 days from the date of issuance), it must be obtained from the court and transferred to the registry office for registration of the relevant act. The registry office issues a divorce certificate.

   The second spouse has the right to receive it at any convenient time.

During the trial, the judge may suggest:

• peacefully resolve the issue of divorce and agree to divorce;
• change your mind regarding divorce, the case will be dismissed;
• provide a period for reconciliation, which cannot exceed 3 months.

Important! There are cases when, during a court hearing, spouses managed to reconcile and the proceedings were terminated precisely after the end of the period for reconciliation. If this does not happen, after three months the judge will decide to divorce.

Also, the court, along with the divorce claim, may make a decision on:

Example. Ivanov filed a lawsuit for divorce from his wife, while the latter categorically objected to the dissolution of the marriage in court. Plaintiff Ivanov twice expressed doubts in court about the advisability of divorce, so the court gave the spouses 2 months to think, suspending the case.

After the expiration of the period set by the judge, the spouses reconciled and changed their minds about getting a divorce, which is why the case was dismissed.

Statement of claim and sample

The statement of claim for divorce must be drawn up strictly taking into account the requirements of the law reflected in Art. 131-132 Code of Civil Procedure of the Russian Federation. These articles do not specify the content of “divorce” claims specifically, but are relevant to all documents filed in courts of general jurisdiction.

Typically, a statement of claim without children and without property in a divorce from an unwilling spouse must contain:

1. Address and full name of the court.
2. Full names of the parties, their registration addresses, actual locations, contacts. You can separately specify an address for correspondence.
3. Description of the circumstances of the case: when and by whom the marriage was registered; whether the spouses run a joint household; reasons for divorce.
4. Evidence, arguments, justification for the impossibility of preserving the family.
5. Request addressed to the court.
6. The applicant’s signature, date of signing the document and a list of attachments to the application.

The claim can be written by hand, but it is better to use the printed method. Remember that if the claim is unreadable, the judge has every right to leave it without acceptance and give a period to redraft the document.

Sample statement of claim without children and without property 

When drawing up an application to the court, it is important to comply with all the rules of the law, as well as established rules in practice. An experienced lawyer can easily handle this, but ordinary citizens may face a number of difficulties. Our lawyers are ready to advise you on any issues relevant to going to court and completely free of charge!

Another question that concerns many is whether it is necessary to indicate the reasons for divorce in the claim, especially if they are of an intimate nature. Not at all, it’s enough to indicate that they “didn’t get along” or there was no mutual understanding. The court, in general, does not care for what reason the spouses divorce. If one of them does not want to live together, then no court will force them to live in marriage.

List of documents

The exact list of documents is determined individually based on your application and situation.

But you will always need to send to court:

• statement of claim and copy for the second spouse;
• copy of passport for court;
• marriage certificate (if there is none, a marriage certificate from the registry office);
• a receipt for payment of a fee of 600 rubles;
• additional documents: information about the place of residence of the spouses; evidence of reasons for divorce, etc.

Find out more about what documents are required for a divorce through the court.

Judicial divorce deadlines

The duration of judicial review of divorce proceedings in the absence of a dispute over property cannot exceed 2 months in a magistrate judge.

It includes:

• 1 month to consider the claim;
• 30 days for the decision to come into force.

At this time, the period for reconciliation of the spouses is not included, which can be up to 3 months and its appointment suspends the procedural period in the case.

Price

For the court's consideration of a divorce case, a state fee of 600 rubles is charged.

After the court decision is made, the spouses will still have to contact the registry office to obtain a certificate, for which they will again have to pay a fee of 650 rubles for its issuance.

Payment of the fee is carried out according to the details, which are best clarified in the court at the place of application or print a receipt from the court’s website.

Additionally, you may be required to pay for a lawyer's services, as well as a representative's remuneration for appearing in court and participating in a court hearing. These expenses can be recovered from the second spouse only in part (50%) and only if the second spouse disagrees with the divorce. However, the practice of collecting divorce costs is not always clear-cut.

Even a seemingly simple divorce can turn into a lot of problems if you lose sight of important nuances and details.

Entrust the management of your affairs to experienced lawyers or seek a free preliminary consultation with our specialists. From them you will learn about possible pitfalls in your case and will be able to avoid unnecessary expenses and problems by making sure that the chosen method of protecting your rights is correct.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Save the link or share with friends

Source: http://allo-urist.com/razvod-suprugov-bez-detej-bez-imushhestva/

How to file for divorce unilaterally: with or without children?

Author of the article: Elena Plokhuta, lawyer,
reading time: 10 minutes,
updated:
January 11, 2020
Reads:
4581

The law allows unilateral divorce in the registry office by a notary application or through an attorney, in other cases - in court. To do this, you need to know the legislative features, grounds, step-by-step algorithm of actions and the list of required documents.

Is it possible to get a divorce unilaterally?

• Contents (click to open)
• It is possible, but in order to figure out which body to contact the registry office or court, it is important to know the reasons for a unilateral divorce.
• Table No. 1 “Possible reasons and methods of divorce:

Authority of appeal
Circumstances
Actions
of the Civil Registry Office The second spouse cannot be present in person, but agrees to the divorce. Valid reasons:

• work in another locality;
• stay away for work;
• disease;

The spouse must submit an application to the government agency in Form No. 10 (send by Russian Post or through a legal representative). Court

• Intentional avoidance of breaking up family relationships;
• Cannot submit an application on Form No. 10 to the Civil Registry Office.

A lawsuit is filed for divorce proceedings. If the defendant misses the hearing for valid reasons and provides evidence, this delays the procedure.

In addition to the above situations, divorce of spouses can be carried out unilaterally through the registry office with an application and documents indicating the presence of the following grounds.

Table No. 2 “Grounds for divorce at the request of one spouse”:

Recognition of the other party as missing Recognition of the other spouse as legally incompetent Conviction to serve a sentence for a crime for a period of more than three years This is allowed if the period of absence of information about the citizen exceeds 1 year from the date of filing a missing person’s report at the Department of Internal Affairs. Done through the court. The basis for incapacity is a medical conclusion, according to which the citizen cannot perceive the circumstances sensibly. The verdict is used as confirmation

Have a question for a lawyer?
Ask a question and get a free consultation on your problem

Unilateral divorce through court

A marriage is terminated through court if there are children, absence or objection of one of the spouses. In the first case it looks like this:

1. The initiator submits an application to the court. The judge accepts the documents for processing within 5 days and issues an appropriate ruling.
2. The defendant has the right to file a motion to consider the case without his participation.
3. A meeting is held on the appointed date. The judge is examining the reasons for the breakup. If the defendant, through a representative, raises an objection and asks for a conciliation period, the court grants the request and postpones the proceedings for a period of up to 3 months. In the absence of a petition and objections, the case is considered without conciliation.
4. According to Art. 25 of the RF IC, a marriage is annulled from the moment the decision comes into force. After this, an extract from it is provided to the registry office.

Jurisdiction

The claim is filed in the magistrate's court at the defendant's place of residence. If there is a child with the plaintiff or it is difficult to go to the judicial authority at the residence address of the other party, an appeal at the plaintiff’s place of residence is allowed (Article 29 of the Code of Civil Procedure of the Russian Federation).

Required documents

The initiator of the divorce process provides:

• statement of claim;
• passport;
• marriage registration certificate;
• children's birth certificates.

The number of copies must be equal to the number of sides, i.e. 3 copies:

• one copy is sent to the defendant;
• the second remains in court;
• the third is returned to the plaintiff with a registration mark.

Contents and sample of the statement of claim

The requirements for the claim are reflected in Art. 131 Code of Civil Procedure of the Russian Federation. It should contain the following:

• name of the court;
• Full name, date of birth, residential addresses of the plaintiff and defendant;
• marriage registration date, certificate number;
• reasons that prompted the breakup (optional);
• information about children;
• consent or disagreement of the second spouse with the breakup;
• claims: divorce, alimony, etc.;
• date of compilation and signature.

Magistrate of court district No. 5g. Astrakhan

Plaintiff: Mikhailova S.N.

Defendant: Mikhailov K.Yu.

Statement of claim
for divorce

Source: https://SocPrav.ru/kak-podat-na-razvod-v-odnostoronnem-poryadke

Filing for divorce unilaterally

The dissolution of a marital relationship does not always occur by mutual consent. Sometimes situations arise when it is necessary to file for divorce unilaterally. Let's look at where to start, where to submit documents and other features of the process.

Is it possible to get a unilateral divorce?

Chapter 4 of the RF IC provides opportunities for unilateral divorce.

If the spouse is competent in matters of family law, he will be able to achieve results, regardless of the desires and capabilities of the other party. All citizens living in the territory of the Russian Federation have the right to independently make decisions regarding marital relations and personal life.

You can consider divorce unilaterally if the second spouse:

• Against the dissolution of the union;
• Lives outside the Russian Federation and cannot appear before the authorized bodies;
• And there are also circumstances, according to Art. 19 RF IC, disclosed below.

You can terminate family relationships, confirming this in an official form, through the registry office and the court.

If there is a child

According to Art. 19 of the RF IC, you can get a unilateral divorce through the registry office with a child or without children if the second spouse:

• Recognized by the court as incompetent;
• Recognized by the court as missing;
• Sentenced to prison for more than three years.

In all other cases, regardless of the presence of children, you must go to court.

When they can refuse

The main principle of family law is the right to freely enter into and dissolve a marriage. For a divorce, the desire of one of the parties is sufficient. In this regard, most claims are resolved in favor of the plaintiff.

But there are exceptions:

• disagreement of the pregnant wife;
• the marriage has small children who are under one year old.

Exceptions are limited only to men. A woman has the right to file for divorce without her husband under any circumstances. In this case, the consent and opinion of the man does not play any role. By submitting an application, a woman consciously takes responsibility for her financial and physical condition.

How to file for divorce unilaterally through the registry office

As mentioned above, a divorce through the registry office is possible only under the circumstances listed in Art. 19 of the RF IC - the spouse is serving a sentence of more than three years, is declared incompetent by the court or missing.

The procedure includes several stages:

• Collection of documents;
• Formation of an application by the initiator;
• Contacting the registry office;
• Waiting for a decision;
• Obtaining a certificate.

Documents are submitted to the registry office where the marriage was concluded. If this is not possible, go to the department at your place of residence, which will make a request to the appropriate department.

Unilateral divorce through court

Divorce through the court unilaterally occurs on a general basis - by filing a statement of claim for divorce (Article 21 of the RF IC).

The procedure includes several stages:

• Collection of documents.
• Formation of a statement of claim by the initiator.
• Appeal and filing of papers in court.
• Appearance at the court hearing.
• Obtaining a decision from a judicial authority.
• Obtaining a certificate that officially confirms the divorce.
• Submission of the claim by the interested party at the place of registration of the defendant.

If the couple is registered and lives at the same address, then no problems will arise. However, if a woman lives, for example, in Chita, and her husband lives in Sochi, then she will have to travel far across the entire Russian Federation to send the papers.

A woman has the right to send papers to her place of registration if there are serious reasons for this. These usually include poor health or child care.

Apply to the magistrate's court: in the absence of disputes about children and property.

Contact a city or district court: if spouses want to divide acquired property worth more than 50,000 rubles, and in case of disagreements related to children.

Sending an application through State Services

An application can be submitted through the portal only if the spouse has grounds for an administrative divorce through the civil registry office, regulated by Art. 19 RF IC.

You can only send documents through the site - the portal is only an intermediary between the initiators of applications and the authorized body - the Civil Registry Office.

The process includes several sequential steps:

• Registration. To do this, you need to log on to the official website and click the “Registration” button, indicate your phone number, receive a code, enter personal data and upload the necessary documents into the system.
• Confirmation of your account using the method presented on the website.
• Submitting divorce papers (form 8, 9 or 10).
• Payment of the federal contribution from a bank card, electronic wallet of the Yandex-Money or Webmoney systems.

The user receives a 30% discount if he pays the state fee by bank transfer on the State Services website. For the procedure you will need to pay only 455 rubles, instead of the established 650 rubles.

After checking the documents, the initiator of the application will receive a notification by email or SMS message to his mobile phone. The letter will contain information about the place, date and time of divorce.

To summarize, we note that a unilateral divorce can be obtained both through the registry office and through the court. To obtain a positive decision from the registry office, the grounds provided for in Art. 19 RF IC.

Source: https://prorazvod.com/razvod-v-odnostoronnem-poryadke/

The procedure for divorce without children - through the registry office and through the court

Everyone dreams of an ideal marriage, happiness and life together until old age. But often these dreams end in a trivial way: divorce, claims, scandals, litigation with the division of property. Divorce proceedings can drag on endlessly if the parties cannot reach a mutual agreement. Particular difficulties arise when there is a minor child in the marriage. The procedure for divorce through the registry office without children has been somewhat simplified, but there are some nuances here too.

When is it possible to divorce through the registry office?

The conditions under which divorce through the registry office is possible are described in Article 19 of the Family Code of the Russian Federation.

Divorce through the registry office is possible if both spouses agree to the divorce, they have no disputes about the division of property acquired during marriage and, most importantly, the spouses do not have common children (natural or adopted), or the children must already be adults at the time of the divorce.

If spouses have property claims against each other, then it is more advisable to file for division of property in court after the divorce in the registry office.

Divorce in the registry office is also possible unilaterally, but only in some exceptional cases:

• one of the spouses was sentenced to imprisonment for a term of 3 or more years;
• one of the spouses is officially recognized by the court as incompetent or missing.

In all other cases, divorce is possible only through the court.

The procedure for divorce through the registry office

When making an irrevocable decision to divorce, the spouses must contact the registry office at the place of registration to submit an application. The application must be accompanied by a full package of documents and a receipt for payment of the state fee for divorce. The set of documents varies depending on the type of application submitted.

The absence of a child greatly simplifies the collection of documents for divorce - there is no need to knock on the threshold of the guardianship and trusteeship authorities. If at the moment the spouses do not have children, but the wife is pregnant, the registry office may refuse a divorce! Even an unborn child is grounds for the registry office to refuse to accept documents.

You can submit divorce documents to the registry office by sending them by mail or through the State Services website.

1. Divorce by mutual consent without children

Spouses divorcing through the registry office, who do not have common children under the age of 18, must jointly fill out an application of the established form (form No. 8), additionally attaching to it:

• copies and originals of both passports;
• Marriage certificate;
• receipts confirming payment of the state fee.

Application for divorce - form No. 8
Sample Application for divorce - form No. 8

2. Unilateral divorce through the registry office

If one of the spouses is declared incompetent, missing or convicted and is serving a sentence of 3 or more years, then a unilateral divorce is possible.

In this case, the applicant spouse must fill out an application form No. 9 and, in addition to the marriage certificate, his passport and a receipt for payment of the state fee, attach to it a court decision declaring the second spouse incompetent or missing, or a court verdict confirming the deprivation of the second spouse of liberty.

Application for divorce - form No. 9
Sample Application for divorce - form No. 9

3. Divorce through the registry office by court decision

If the spouses were unable to reach an agreement and divorce in the registry office by mutual consent, then there is only one way out - to go to court for a divorce.

After the end of the trial, the court decision on divorce has entered into force and received a copy of it, each spouse needs to contact the registry office and write an application for divorce in form No. 10, attaching to it the court decision, their passport and a receipt for payment of the fee. .

Application for divorce - form No. 10
Sample Application for divorce - form No. 10

When submitting an application to the registry office, spouses must determine for themselves what last name they will have after the divorce. When changing your last name, you will have to change all your documents - from your passport to your work pass. One spouse cannot force the other to give up their current surname, just as they cannot force the other to leave a common surname.

After accepting the documents, the registry office employee registers the application, assigns a serial number and sets a date when it will be possible to obtain a divorce certificate. Without this certificate, neither spouse has the right to enter into a new official marriage.

If, after a divorce, a spouse declared dead or missing by a court decision is declared, then the marriage, upon a joint application of the spouses, can be restored by the registry office, and the divorce annulled. This rule does not always apply: if one of the former spouses managed to enter into a new marriage, then restoration of the previous one is impossible.

When is divorce possible only through court?

A couple without children will face divorce through the courts, most often only in cases of property disputes or if one of the spouses does not want to get a divorce.

Of course, property can be divided peacefully without involving the court. In cases where it is not possible to reach an agreement, it is easier and faster to get a divorce through the registry office, and to divide the property after the divorce in court. The statute of limitations for such cases is 3 years.

Also, the presence of a marriage contract will significantly simplify the procedure, which can stipulate not only the responsibilities of both husband and wife, but also their rights to property in the event of a breakup. In most cases, a marriage contract allows you to get a divorce in a civilized manner and as quickly as possible, without involving the court.

In cases where only one of the spouses wants to divorce, and the other is against it, we cannot avoid a trial. In addition, the trial may drag on. If the court finds the arguments of the party opposing the divorce convincing, it may give the spouses up to three months to reconcile.

How much money will it take to divorce?

We recommend checking the current cost of the state fee on the page: Amount of the state fee for divorce.

Divorce itself without a child can be called free: it does not involve any ceremonies, unlike a wedding.

As a rule, getting a divorce without children is quite simple, so there is no need to save up for a divorce through the registry office in advance. But each spouse will have to pay a fee of 650 rubles.

In total, you will need 1,300 rubles for a divorce, or a little more if you want to consult a lawyer.

If you want to get a divorce through the court, you will need a different amount - 600 rubles for a statement of claim, and you may also need to pay for legal assistance.

No matter how the marriage is dissolved - through the registry office or the magistrate's court, divorce cannot be called painless. Perhaps you should think carefully about your decision, and if the reason for divorce without children is precisely their absence, discuss a way to solve this problem and save the marriage?

Source: https://razvod24.ru/razvod/procedura-razvoda-bez-detej-cherez-zags-i-cherez-sud

Divorce through court without children and property

Divorce, provided that the couple does not have common minor children or property, is a fairly simple process. Basically, it is enough just to contact the registry office with a corresponding application. But there are some circumstances when only a court can divorce. How to file a divorce without children and property?

• Each case is unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

The situation when a married couple does not have common minor children and property claims is the simplest. If in this case each spouse wants a divorce, then you need to contact the registry office at the place of registration. At the same time, there will be no problems with a divorce without children and property through the registry office: the divorce process will be painless and quick.

When is it necessary to go to court?

But divorce through court without children and property is also a common case. This is due to the fact that the termination of a marriage through the registry office may fail due to the disagreement of one of the spouses.

A similar situation occurs when a spouse does not voice her disagreement, but avoids the divorce procedure at the place of registration in every possible way: this is a failure to appear to submit an application to the registry office or directly to the process after filing the application.

Time limits for reconciliation

The judge must find out in detail the reason for the spouses' desire to end the marriage. In this case, the problematic nature of the situation may affect the time period given to the family at the hearing for reconciliation. So, if the reason is serious, and the husband and wife realize that they do not want to be in a marital relationship, at their request, the judicial authority reduces the period of time for making a decision.

Note! If, as the court believes, the conflict can be resolved peacefully and an agreement can be made to save the marriage, then the spouses are given a maximum period for reconciliation - 3 months.

Also, a period of up to 3 months can be determined at the request of one of the spouses if he wants to try to save the family.

If a married couple has reconciled

If it so happens that during the given period the spouses really came to reconciliation and changed their minds about getting a divorce, they have 2 options:

• inform the judicial authorities about this in writing, leaving a statement;
• simply do not come to the scheduled meeting, since if the spouses do not arrive at the specified time, the case is closed.

The judge also gives a similar opportunity if one of the spouses wishes, which often saves the couple.

Divorce through court without children and property is not always easy. The following situation is indicative:

The wife filed for divorce, but the husband does not agree with this decision. In the 3 months given to them for reconciliation, their opinions changed radically. Now the wife wants to withdraw her claim, and the husband, on the contrary, decides to get a divorce.

Note! In such a situation, the judge takes into account the decision of all parties, and the procedure can begin again, but with different conditions.

Absence of one spouse at the hearing

Even the termination of a marriage through court without children and joint property can be delayed for a variety of reasons, one of which is the absence of one of the spouses at the hearing. If the husband (or wife) did not come to the court hearing for a good reason (for example, due to illness) and informed the judge about this, then the trial is simply postponed to another time.

If a person specifically avoids attending the meeting without unjustified reasons, the case will be considered without him, with the participation of only the other spouse.

Note! If, after the expiration of the reconciliation period, the spouse who filed the claim insists on his decision, the judge will issue a divorce decree.

Otherwise, the human right to freedom of choice is violated. It is also significant that today the maximum period for reconciliation is three months, but previously it was about six months. The court makes every effort to ensure that the couple experiences minimal stress during the process of ending their marriage.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Ask a lawyer a question

Source: https://alimenty.ru/razvod/sud/razvod-cherez-sud-bez-detej-i-imushestva/

Divorce without the consent of the spouse without children - one of them, documents

Agreeing on a divorce with your spouse is not so easy. Divorce proceedings are also a complex matter. Therefore, each spouse, entering into a conflict situation, should know how long the divorce will take in case of a bad outcome.

basic information

If the spouse has quite a lot of claims and everything is heading towards divorce, then one of the parties has the right to file an application for divorce proceedings. But the second spouse has the right to disagree with this position and petition to preserve the marriage union.

• It is not uncommon for a man to become the initiator, and a woman tries to maintain the relationship, guided by feelings and even sometimes by mercantile considerations.
• It is possible to divorce unilaterally, but in compliance with the basic rules.
• Divorce is not possible on the part of the husband if there is:

1. wife's pregnancy;
2. if the child was born no more than a year ago. Even if the child was stillborn or died before this period. As soon as this period has passed, the man has the right to file for divorce.

You can submit an application to the registry office only in certain situations, namely:

1. by mutual consent in the absence of joint minor children. If one of the parties does not agree to divorce, then this cannot be done through such an authorized body. After all, this process, like marriage, should be created only with the mutual consent of the parties;
2. One of the spouses has the right to unilaterally submit an application, but if the other party is recognized as incompetent, dead, missing, or sentenced for a term of more than three years.

Application and documents

In all other cases, the rule for filing an application with the court applies. Often this happens when there is no mutual consent, there are children or property disputes.

There is an increased state duty and the possibility of additional claims.

All divorce cases are heard in the Magistrates' Court unless there are additional requirements. If there are any, then the appeal takes place in the district court. In accordance with the basic rules, the application is submitted at the place of residence of the defendant.

If both spouses live together, then no questions can arise.

If the residence is separate, then the spouse will have to independently find out where the defendant is registered and send notices of the divorce action. The application must be filled out correctly and consist of three main parts.

In particular, this is a formal part that contains the name of the court, full name of the applicant and defendant, date of birth and registration data. Next, enter information about children, if any.

The second part is descriptive. This often includes the date of marriage, circumstances, reasons for dissolution, arguments and evidence of the position. The solution to the situation regarding children and property is also described.

The last part assumes a petitionary nature, where a request for divorce occurs and the position is argued by the norms of legislative acts. Upon completion, a date and signature are affixed.

It is worth remembering that in addition to the application, the applicant must attach to the application all documents confirming his point of view.

The main ones worth highlighting are:

1. a copy of the claim and a certificate of marriage;
2. copy of passport data;
3. a copy of the birth certificates of joint children;
4. other documentation that will confirm the circumstances of the case;
5. a check confirming payment of the obligatory payment.

Divorce without the consent of the spouse without children - basic steps

Once the plaintiff has correctly filled out the application, it is submitted with attachments to the court. After which, a copy of the document is sent to the second spouse.

As soon as the documentation is delivered and compiled correctly, the court takes into account all the certificates. The consideration of the case in this proceeding is one month from the date of submission.

Each spouse is notified of the first court hearing by summons. During court disputes, the positions of each party are heard. If one of the spouses does not agree, then they are given time for reconciliation - up to three months.

As soon as the deadline has passed and no reconciliation has arisen, the court satisfies the request.

If the spouses do not appeal this decision, then it enters into legal force. To complete the divorce procedure, you must submit an application to the registry office for a divorce certificate.

Here all information about the divorce is also entered into the civil registration book.

If a unilateral refusal of marriage is necessary, the initiator has the right to contact a civil registry office employee with a corresponding application. This can only be done in the above cases.

In this case, a copy of the court ruling on the incapacity of one of the parties or a copy of the court verdict is attached to the application.

Additional documents for the divorce process may be:

1. a copy of the claim;
2. extracting books from home;
3. title documents for real estate.

Video: How to get a divorce

Deadlines for filing an application from one of the spouses

Divorce proceedings may also take place in the absence of the consent of the other party. It may take up to five months from the date of filing the claim and receiving the divorce certificate.

Any party can delay the divorce if it initially does not agree, then not appear at court hearings, and then also appeal the decision.

To avoid this position, a person should refer to significant circumstances. For example, immoral behavior or bad habits. This can be proven through evidence or documentation.

To avoid postponing the meeting, you should notify your spouse independently of the date and time of the meeting. If the second spouse does not come to the meetings three times, the union will be dissolved unilaterally.

The issue of divorce proceedings is regulated by the following legal acts:

1. Chapter 4 of the Family Code of the Russian Federation. To resolve the issue, it is worth using articles 18 – 25 of this legal act;
2. Article 22 of the Family Code of the Russian Federation regulates the divorce process in court.

If there are no minor children in the family, the procedure is somewhat simplified. And even if one of the parties disagrees with the divorce, the action becomes uncomplicated. The court will deal with these circumstances within three months.

This is regulated by Article 22 of the Family Code of the Russian Federation.

If the spouse does not agree after this period, then the court will divorce them in any case. But there are several restrictions described in Article 17 of the Family Code of the Russian Federation.

If children are born in the near future, then the man has no right to file for divorce without the written consent of his wife.

Article 17 of the Family Code of the Russian Federation states that it is not possible to file an application for divorce if the spouse is pregnant or has a child under one year old.

Lawsuit

In accordance with Article 154 of the Civil Procedure Code of the Russian Federation, the court is obliged to consider the case within 60 months from the date of filing the claim.

To accept an application, the court obliges citizens to submit only correctly completed documentation. In fact, there is no unified form of claim, but legal acts stipulate the basic rules for filing.

For correct registration, you should use Article 131 of the Civil Procedure Code of the Russian Federation. The claim contains both formal and descriptive parts.

The formal form should include basic information:

1. name of the court and number of the site;
2. initials and surname of both the plaintiff and the defendant;
3. if interests are represented by a trusted person, then documents for him;
4. descriptive part of the question;
5. link to legal documents;
6. date and signature of the plaintiff;
7. list of attached documents.

The following information should be included in the narrative:

1. place and date of marriage;
2. details of the document certifying entry into a marriage union;
3. end date of cohabitation;
4. initials, surnames of minor children;
5. their place of residence;
6. reasons for divorce proceedings;
7. indication of names after the end of the process.

Additionally, it is worth indicating the requirements for alimony, if any. If the defendant does not agree to the process, then this is also indicated in this part.

As a rule, the court gives a period of three months for reconciliation. It is possible to avoid it if the second spouse suddenly expresses consent to the divorce process in the courtroom.

Then the action will be based on mutual consent. If the claim indicates that the appointment of a conciliation period is not advisable, the court will decide the fact on its own initiative.

A document certifying payment of the state fee is attached to the statement of claim. This is regulated by subparagraph 5, paragraph 1 of Article 333, Chapter 19 of the Tax Code of the Russian Federation.

1. The cost of divorce proceedings in court is 600 rubles for each spouse.

How are loans divided when spouses divorce if there is a child? The answer is here.

How to remove a minor child from an apartment after a divorce? Find out further.

After the spouses divorce, they must receive a decision from a judicial organization with a seal on its entry into force. After this, go to the registry office, where you can obtain a divorce certificate.

Source: https://101zakon.ru/rastorzhenie-braka/procedura-razvoda/razvod-bez-soglasija-supruga-bez-detej/