Divorce procedure in court without children: how to submit documents

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Published: 04/02/2017

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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
• Package of documents
• Features of submitting an application
• Useful video
• Conclusion

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Legal subtleties of marriage and divorce

As a rule, during a quarrel, many spouses threaten divorce, but a minor disagreement does not always end with a visit to official authorities. In most cases, a married couple prefers to live separately and make the final decision. If there is nothing to restore and the disagreements cannot be resolved, the divorce is formalized. But many couples don’t know where to go and what nuances to take into account, and even more so, where to start.

By virtue of Part 2 of Art. 10 of the RF IC, all rights and obligations between spouses arise only after the official registration of the marriage in the Civil Registry Office and the corresponding entry in the civil status book. So a husband and wife from the date of marriage can:

• Inherit each other;
• Be considered the owner of property purchased even with the funds of one of them;
• Be responsible for debts.

Note: Paternity of a child born during marriage within the framework of Part 2 of Art. 48 RF IC is installed automatically.

Now let’s imagine the consequences: the couple does not live together, maintains a separate budget, and all purchases are still shared, as are the children who may be born. If the marriage is officially dissolved, all of the above obligations cease from the moment of divorce, which has a number of features.

Where to go to the registry office or court

Pursuant to Art. 10 of the RF IC, marriage is always registered only through the registry office, but a marriage relationship can be dissolved:

• Through civil authorities;
• In a court.

Of course, filing a divorce in the registry office is much easier, but the law does not always allow this option. So, by virtue of Art. 31 Federal Law No. 143 for divorce in civil status authorities, you must meet the following requirements:

• Mutual consent of the couple to divorce;
• Absence from raising children, including adopted children;
• Lack of joint property or absence of disputes about division.

If one of the spouses is against divorce, or the husband and wife , even without children, are unable to share an apartment or sofa, family relations are terminated only in court.

Content:

1. Cases where cases of divorce are considered by the court
2. Courts hearing divorce cases for married couples without children
3. A package of documents for a divorce case to be considered through a court hearing
4. The procedure for divorce through a court hearing
5. The procedure for obtaining a divorce decree

At the moment, the world has many incidents of various types. Families can separate for no apparent reason. After a while, close people become strangers to each other. When it is too late to improve relations, they decide to end the marriage. It's hard to accept, but without it it's hard to move on. There are a considerable number of situations when the process is carried out without the consent of one of the representatives of a family without children. The procedure is carried out through an authority established by law. Let's find out more about how to apply for divorce.

Statistics show: every fifth married couple ceases to exist after three years of married life. During such a time, not everyone is able to have children together. If the husband/wife considers it possible to maintain the relationship, there is still hope for reconciliation, the person who agrees to separate has the opportunity to dissolve the marriage through the chosen method without the consent of the other half. Applications to the registry office are accepted for consideration when both persons agree. By the way, you can also file for divorce online, this will save time.

Divorce in the Registry Office

Registration of a divorce without children and property through the registry office can be called one of the easiest ways to officially separate. No one will ask about the reasons for the destruction of the family, look for someone to blame and ask uncomfortable questions. Moreover, you need to collect a minimum package of documents and fill out just one form. But every procedure, even an easy one, has its own peculiarities.

Divorce process

By virtue of Art. 31 Federal Law No. 143, to initiate a divorce, spouses are required to contact the Civil Registry Office and submit an application that expresses their joint will to dissolve the marriage. Moreover, the couple will be required to fill out Form No. 9 together, reflecting the following information:

• The name of the Registry Office, which can be clarified on the spot;
• Full name of the spouses;
• Contact number;
• Passport details;
• Information about education;
• Place of registration;
• Nationality;
• The order of marriage;
• Marriage registration certificate number;
• Surnames that will be after the divorce;
• Signature of both parties;
• Date of preparation.

Please note: The application form has a unified form approved by Order of the Ministry of Justice of the Russian Federation No. 201.

If the spouses are not able to fill out the form together, which is possible when living in different cities, within the framework of Part 3 of Art. 33 Federal Law No. 143, two applications are allowed to be submitted in Form No. 10 . Moreover, if the form is sent by mail, the signature must be certified by a notary.

Note: The signature of the head of the pre-trial detention center, the chief physician of the medical institution, and the head of the municipality is equivalent to a notarized signature.

Also by virtue of Art. 33 Federal Law No. 143, it is allowed to submit an application not only through a personal visit to the registry office, but also using the State Services portal or through the Multifunctional Center at the place of residence . Moreover, if an electronic version of the application is used, the application is signed with an enhanced qualified signature, and copies of the attached documents are certified by it. And this requirement applies to both husband and wife.

After a month, at least one of the couple, in pursuance of Part 4 of Art. 33 Federal Law No. 143 is required to appear at the registry office and present a passport, as well as the original marriage certificate to mark the divorce.

For your information: You can send an application requesting the termination of family relationships to any Russian Civil Registry Office at your place of registration, regardless of the city in which the marriage was originally registered. A certificate of termination is issued at the place of application in two copies to each of the former spouses.

Divorce initiated by one of the spouses

Pursuant to Art. 34 Federal Law No. 143 allows the termination of marriage relations through the Civil Registry Office unilaterally on the initiative of one of the couple, but only in cases specified by law. In particular, you can contact the Civil Registry Office if:

• One of the spouses is declared missing;
• The husband or wife is incapacitated;
• A man or woman has been sentenced to imprisonment for a criminal offense for more than 3 years.

In such circumstances, the presence of minor children or jointly acquired property to raise does not matter. Custody of children is exercised by only one of the parents, and family property can be divided in court in a separate manner for 3 years in accordance with Art. 20 IC RF.

Note: Within the framework of Part 1 of Art. 26 of the RF IC, a marriage dissolved with a citizen recognized as missing is restored upon a joint application of the former spouses, and not automatically.

Documentation

When filling out an application for divorce, spouses are required to submit a number of documents in originals and copies. In particular:

• Identity cards;
• Initial marriage certificate;
• Receipt for payment of state duty;
• A court decision declaring a spouse absent or incompetent;
• Court sentence.

Important: Divorce in the Civil Registry Office through a representative is not provided for by law. In accordance with the requirements of Federal Law No. 143, only a personal expression of will is required, expressed in a statement, as well as the presence of at least one of the former married couple at the final stage.

Divorce in court

Registration of a divorce in court can take quite a long time, from 2 months to six months. Moreover, the couple not only has to go through several stages, but also be ready to publicly discuss the problems that led to the separation. The court is obliged to find out the reason for the breakdown of the marriage, so both will have to answer uncomfortable questions, and this is in addition to procedural nuances that also need to be taken into account.

Which court should I go to?

Civil cases of divorce can be heard by two courts: the magistrate and the district. But before contacting one of them, you need to know the features that determine jurisdiction. So, to file a divorce through the magistrate’s court in accordance with Art. 23 of the Code of Civil Procedure of the Russian Federation is possible subject to the following conditions:

• The spouses agree to divorce;
• Questions about the place of residence of children are determined by agreement or do not cause disputes;
• The couple has no joint property and nothing to divide;
• The total value of marital property subject to division does not exceed 50 thousand rubles.

If one of the spouses does not agree to divorce or the price of common property is significant, the issue is considered only in the district court , which has the authority to resolve already controversial issues.

It is also important to know that, by virtue of Art. 28 of the Code of Civil Procedure of the Russian Federation, the statement of claim is sent to the court at the place of registration of the defendant. However, in accordance with Part 4 of Art. 29 of the Code of Civil Procedure of the Russian Federation, a claim can be filed based on the plaintiff’s registration if he has small children to support or his health condition does not allow him to participate in court hearings in another city. These circumstances must be documented.

For information: If a couple has a child under the age of 1 year or the wife is pregnant, the right to go to court for divorce by virtue of Art. 17 IC of the Russian Federation is possessed only by women. A spouse cannot initiate a divorce even with mutual consent.

Divorce procedure

The initiation of divorce proceedings begins with the formation of a statement of claim, for which the law imposes certain requirements. So, by virtue of Art. 131 of the Code of Civil Procedure of the Russian Federation, the claim must include the following data:

• Name of the court;
• Information about the plaintiff, including place of residence, passport and telephone number;
• Information about the defendant;
• The subject of the claim is divorce;
• Grounds for termination of family relationships;
• List of documents;
• Signature and date of compilation.

Note: there may be several grounds for divorce, as well as claims. Therefore, to file a claim, it is advisable to seek advice from a divorce lawyer or fill out an application with his help.

Documentation

The statement of claim must be accompanied by a package of documents that substantiate the requirements. In this case, the number of copies of both the claim and documents is formed in 3 copies , that is, one for the court and two for the plaintiff and defendant. Thus, the following is attached to the claim:

• Copies of passports;
• Marriage certificate;
• Receipt for payment of state duty;

Important: In addition to documents confirming the desire to dissolve the marriage, spouses can also involve witnesses in court who can confirm the same adultery or other circumstances. But the interview of witnesses must be requested from the court in advance.

Claim review process

Next, the claim must be sent to the court office, where it will be registered and submitted to a judge for consideration. After 5 days, the application will be reviewed and the first court date will be set, which may be several depending on the circumstances of the case.

So, for example, during the initial consideration of the case, the judge will definitely ask about the reason for the divorce , and both spouses will have to state their version. If one of the couple does not agree to divorce and there is reason to believe that the relationship can be preserved in accordance with Part 2 of Art. 22 of the RF IC, the judge can make a ruling to suspend the case and provide the spouses with a period of up to 3 months for reconciliation .

If, after the expiration of the agreed period, the same spouse has not changed her decision and still insists on the claims, a decision is made to terminate the marriage. Under such circumstances, the husband does not even have to appear in court again; the decision will be made without his participation.

It is also possible that one of the parties cannot appear even at the first meeting . In such circumstances, the consideration of the claim is postponed to another day. And this can continue twice, at the third and last meeting, the court will make a decision itself, without taking into account the explanations of the same optional defendant.

And the law provides another option . Thus, the defendant or plaintiff may not appear in the courtroom due to illness and being treated in a medical facility, or due to being on a long business trip. In such circumstances, several options are possible:

1. Send a petition to the court with a request to consider the case without the participation of one of the parties, and confirm your claims.
2. Submit to the court an extract from the hospital or a travel certificate and a statement in which you ask to suspend the consideration of the case until recovery or return.
3. Issue a power of attorney to represent your interests in the courtroom.

Note: It is advisable to involve a lawyer as a representative, but if this is not possible, a relative, as well as another person, can act on behalf of the plaintiff or defendant by proxy.

The last stage of the divorce process through the court is waiting for the decision to enter into force - this is 30 days. Then receive a copy of the decision in hand and visit the registry office to issue a divorce certificate in the manner specified in Art. 35 Federal Law No. 143.

Important: There are no deadlines for visiting the registry office, so one of the spouses may receive a divorce document after several months, or even years. But without this document you cannot remarry and you cannot put a note in your passport indicating a change in marital status. But the cases are different, so it is better not to delay the final stage of the divorce.

Courts hearing divorce cases for married couples without children

The assistant to a family that has decided to divorce without the consent of one of its members is a magistrate. Divorce through the magistrate's court without children is carried out in cases where there are no property disputes.

According to the established laws of our country, the magistrate is required to make a decision within two months after submitting such a sample as an application form to initiate a divorce procedure.

Also, divorce cases can be considered by the district court. She makes decisions to begin the process of dissolution of the marriage when one of the couple refuses to do so. In order to get a divorce, the plaintiff is obliged to contact the institution established by law located at the defendant’s place of residence. There are exceptions to this rule. They are as follows:

• the person who has decided to divorce is in poor health;
• consent to have the case heard in a court located close to the plaintiff’s place of residence;
• the spouse is insolvent, missing, or imprisoned.

To begin consideration of a divorce case, it is necessary to file a claim for divorce of the established form and list. Please note that some processes require an additional list of papers.

Documents for divorce through the court are a necessity. They will help you make the optimal decision that can suit both parties to the paperwork.

What difficulties may arise

At the initial stage of the divorce process, the couple should take into account that the divorce procedure, both in court and in the registry office, is strictly regulated. Therefore, any failure to comply with the conditions specified by law entails refusal to accept the application. For example, if the claim is drawn up without taking into account the provisions of Art. 131 of the Civil Procedure Code of the Russian Federation will leave it without consideration and return it. If the registry office turns out that the husband and wife did not agree on the procedure for dividing property, the divorce will also be denied, even if only wedding gifts are divided.

Also, when initiating the termination of a family relationship, the positions of the parties should initially be clarified. After all, some people agree to divorce at the initial stage, especially in the heat of a quarrel, but then they may change their mind. Therefore, it is necessary to discuss in detail all the nuances, timing and procedure, and also to secure firm consent.

When divorce is carried out in court

Divorce is mandatory through the court if there are children in the family. Other circumstances where judicial intervention cannot be avoided include the following:

• when one of the parties refuses to voluntarily dissolve the marriage relationship;
• if, upon termination of relations with the registry office, one of the parties has repeatedly refused to be present during the execution of a joint application or a refusal to notarize such a document follows;
• the presence of unresolved issues with the procedure for dividing property, financial and other disputes;
• when one of the spouses has the status of disabled and cannot independently provide for themselves.