How to get a divorce if your husband is in prison - how to divorce a prisoner in Russia

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If one of the participants in the marriage committed a crime, the offender may be imprisoned. The length of punishment depends on the severity of the act. Being imprisoned takes a man or woman away from the family. The presence of irreconcilable differences or changes in circumstances can become grounds for a couple to divorce. Due to the fact that the husband or wife is in prison and cannot personally visit the court or the registry office, divorce according to the classical scheme is impossible. However, the state provides a number of “benefits” to the prisoner’s spouses. If the husband has been imprisoned for a period of 3 years or more, the wife has the right to file for a simplified divorce.

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Is it possible to get a divorce if my husband is in prison?

There is no law prohibiting divorce during imprisonment. However, the convicted spouse will not be released to visit the registry office or participate in court proceedings. Therefore, a special procedure for divorce is used. Divorce in prison is regulated by Article 19 of the RF IC. The legal act states that the wife of a convicted person has the right to terminate family legal relations through the registry office, even if the couple has minor children. The presence of the husband during the filing of the application and his written consent to the divorce are not required. An application from a wife who is at large is sufficient.

However, attention is drawn to the prison term. If the spouse was sentenced to less than 3 years, preference for divorce in the registry office is not available. Divorce with a spouse in prison will occur in the classical manner: through the courts (Article 21 of the RF IC).

Is it possible to get a divorce if my wife is in prison?

In Article 19 of the RF IC there is no gradation by gender. The legal act uses the concept of spouse. This can be either the husband or the wife. Therefore, if a woman is convicted, exactly the same divorce procedure applies as in the case of a man being imprisoned. The spouse who remains at large, under certain circumstances, has the right to dissolve the marriage in the registry office on his own initiative, even if there are minor children together (Article 19 of the RF IC). You can also file for divorce if your wife or husband is imprisoned in court (Article 21 of the RF IC).

When consent is not needed

If the sentence is more than 3 years, the law gives the right to file for divorce without the consent of the spouse (Article 19 of the RF IC). This can be done even if you have minor children. The basis will be the court verdict that has entered into force. With him, the wife (husband) must go to the registry office and write a statement of desire to dissolve the marriage. You will also need to pay a state fee. For a unilateral divorce, it is now equal to 350 rubles.

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The spouse of the convicted person decides for himself whether to take advantage of this opportunity. Some people are stopped by ethical considerations - it is difficult to tell a person with whom you previously had feelings that they are being left in trouble. But the law believes that if the crime was so serious that it required a long period of imprisonment, such a decision is permissible. It should be taken into account that if the court sentenced a person, for example, to 5 years, and then, based on the results of an appeal, the term was reduced to 2 years 11 months, it will not be possible to get a divorce under a simplified procedure.

As in other cases, the divorce certificate will be issued in a month. If the applicant changes his mind, he can withdraw the application or simply not appear within the prescribed period for the certificate. In this case, it will be automatically cancelled.

The convicted person is sent information about his wife’s desire to divorce within three days. However, his opinion in this case will not matter; he will simply be presented with a fact. But if a woman is in prison, she can, based on this document, decide to change her last name. She notifies the registry office employees about it so that they can put a corresponding entry in the divorce certificate.

It should be noted that the right to unilaterally divorce is lost after the release of the spouse. When the sentence is fully served, the criminal record is considered expunged and can no longer serve as a basis for divorce.

Is it possible to file for divorce while in prison?

The desire to terminate family legal relations may arise not only from the spouse who is at large. There are no provisions in the law prohibiting divorce if a husband or wife is imprisoned. However, the impossibility of personal visits to authorized bodies imposes a number of peculiarities on divorce in prison.

Attention

Childless couples who have no conflicts and have a mutual desire for divorce can apply to the registry office (Article 19 of the RF IC). However, the husband will have to act from prison in preparation for the dissolution of the marriage. F3 No. 143 dated November 15, 1997 states that if the spouses cannot visit the authority together, the husband or wife can send a remote appeal.

To get a divorce through the registry office while in prison, the detained spouse must proceed according to the following scheme:

1. Contact your spouse who is free and discuss the specifics of divorce.
2. Prepare an application and submit documents for certification by the correctional institution (clause 3 of article Federal Law No. 143).
3. Send the document to your spouse. The wife must also prepare her application for divorce from her husband in prison.
4. Wait until the wife visits the registry office and submits applications.
5. Wait until the divorce is finalized. Divorce takes 1 month. Then the woman, who is at large, must re-visit the authority and pick up the divorce certificate. The husband will receive the document after his release.
6. If at least one of the spouses does not appear before the court, the marriage will not be dissolved (Federal Law No. 143).

An approximate application form for divorce from a spouse in prison through the registry office is available.

For your information

If the term of imprisonment of one of the spouses is less than 3 years, it is impossible to initiate a divorce under a simplified scheme. In this case, the classic rules apply. It is necessary to obtain the consent of the spouse in prison to break the family union. If a husband or wife does not want to get a divorce, or children have already appeared in the marriage, divorce through the registry office is impossible. You will have to file a claim in court (Article 21 of the RF IC). The application can be considered by the magistrate or district authority (Art., Code of Civil Procedure of the Russian Federation). If a married couple has children, but the spouses themselves have agreed to provide for and raise the child, the claim is filed in the magistrate’s court. Otherwise, the marriage can be dissolved only in the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

The incarcerated spouse must follow the following procedure for a divorce in prison:

1. File a claim. Initially, you need to familiarize yourself with the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation. The legal act sets out the rules for drawing up an application for divorce. The prisoner submits a signed claim to the director of the correctional facility. The official certifies the document.
2. Fill out the application. The list of required documents is reflected in Article 132 of the Code of Civil Procedure of the Russian Federation. You need a copy of an identity card, marriage certificate, birth certificate of children, a check confirming the payment of funds for the termination of family legal relations. For divorce you need to pay 600 rubles (Article 333.19 of the Tax Code of the Russian Federation).
3. Send the claim to the place of residence of the spouse, find out the date of the hearing. It is necessary to ask the court to consider the case without the presence of the convicted person.
4. Find out the decision of the authority. If you are not satisfied with the verdict, you can prepare an appeal (Article 320 of the Code of Civil Procedure of the Russian Federation).
5. Send the court decision to the registry office. Representatives of the authority will enter information about the divorce into the database. The spouses will receive a certificate confirming the official separation. The service is paid. For issuing a document they charge 650 rubles (Article 333.26 of the Tax Code of the Russian Federation).

An approximate sample statement of claim for divorce is available.

Divorce from a convicted person in questions and answers

The topic under consideration is sensitive and has a lot of nuances that are not clear to our citizens, primarily because most people are not legally savvy and sometimes do not know what to do when such a situation occurs.

The most typical questions that arise when solving this problem are:

1. Is it possible to quickly dissolve a marriage registered in a penitentiary institution?
2. What to do when there is no verdict.
3. My husband received a suspended sentence - how to get a divorce.
4. Does a prisoner have the right to file for divorce?
5. How to get a divorce if both spouses are serving sentences for a criminal offense in correctional labor institutions of the Ministry of Justice of the Russian Federation.

All these situations are taken from specific examples. Below we will analyze each of the questions in more detail, giving a competent answer.

Is it possible to dissolve a marriage that was concluded in prison?

And this happens sometimes in life. However, a simplified administrative procedure for its termination is most often impossible here.

This is due to the fact that the woman knew in advance that her potential husband was sentenced to a long prison term.

The exception is the following option: when the prisoner, after serving his sentence, is given an additional sentence. And he is forced to serve another term, which is more than three years in calendar terms.

Then the law allows divorce in a simplified manner through the registry office.

Divorce if there is no verdict

As stated above, to obtain a copy of it, a woman is recommended to contact a city or district court. If difficulties arise in resolving the issue, you can contact the lawyer who defended the husband during the consideration of the case.

If for some reason this did not work out, then you must file an application for divorce on a general basis at the registry office, taking the consent of the other party, or by filing a claim for divorce in the magistrate’s court.

Is it possible to divorce my husband with a suspended sentence?

In this situation, a general procedure for divorce is also provided. After all, a suspended sentence is not considered severe and does not require serving a certain amount of time in a penitentiary institution.

You will need to come to the registry office where you can write an application, provided that:

• mutual agreement has been reached on this issue;
• no joint or adopted children;
• there are no property disputes.

If all or one of the conditions is missing, then the husband will be divorced from his wife only in court. To do this, one of the parties must submit an application in the prescribed form at the place of residence.

Can a convicted person file for divorce?

Of course, it can, but the process will take place in the general order. A spouse sentenced to imprisonment has the right to dissolve the marriage in the registry office , but for this he will need several conditions to take place:

• consent of both parties;
• absence of common minor children;
• absence of property disputes.

If such circumstances exist, the prisoner writes a personal statement of desire to dissolve the marriage and puts his signature. It is certified by the head of the penitentiary institution. The document is then mailed to the wife via letter.

The spouse prepares the necessary documents, then pays the state fee and submits the entire package to the registry office. A month later she receives the corresponding certificate.

How to dissolve a marriage if both spouses are convicted

There is no special legal norm for this case. If such a situation arises, then people are most often divorced in the usual manner.

In order to file for divorce, a convicted person (each of them) must issue a power of attorney to their representatives who are at large, who will defend their interests in court.

It will need to be certified by the head of the penitentiary institution where the prisoners are serving their sentences.

Divorce in places of deprivation of liberty can occur in a simplified manner through proxies of the plaintiff and defendant, if one of them was imprisoned for a term of more than three years.

Normative base

Divorce from a convicted person is regulated by the same legal acts that apply if a marriage is dissolved by a free couple. First of all, you need to know the provisions of the RF IC. The rules regarding divorce are enshrined in the following articles:

1. Art. 19. Defines the specifics of terminating family relationships through the civil registry office, and also records a list of exceptions, in the presence of which, a divorce is possible through the registry office without the presence of a spouse.
2. Art. 21. Determines cases in which a visit to court is indispensable.
3. Art. 22. Reflects the norms, taking into account which a divorce occurs through the court, if the husband or wife wants to preserve family legal relations and refuses to consent to the dissolution of the marriage.
4. Art. 23. Determines the specifics of divorce through the court if both spouses understand that it is impossible to save the marriage.
5. Article 24. Fixes a list of issues that can be resolved during the divorce process through the court.

Separately, when divorcing a spouse in prison, it is worth paying attention to Federal Law No. 143 of November 15, 1997. The regulatory legal act reflects the rules for obtaining a divorce certificate, records interaction with the registry office, and sets the deadlines for the implementation of legally significant actions in the authority.

If a divorce from a spouse in prison occurs through the court, a married couple cannot do without knowledge of the rules of the Code of Civil Procedure of the Russian Federation . In particular, you need to study the following articles:

1. Art. 131. Determines the rules for filling out a claim, fixes the form of the document, reflects the list of information that needs to be entered into the document form.
2. Art. 132. Taking into account the requirements of the legal act, it is necessary to draw up a list of appendices to the claim.
3. Art. 133. Determines the time frame for consideration of the claim and acceptance of the document for work.
4. Art. 134. Determines the reasons for refusal to consider a claim for divorce.

It is necessary to file a divorce in prison and prepare documentation, taking into account all current legislation. This will minimize the risk of errors.

Conditions for divorcing a husband or wife in prison

If a spouse is deprived of liberty, you can use a simplified divorce scheme. The issue is regulated by Article 19 of the RF IC. The provisions of the regulatory legal act imply the conditions for divorce from a convicted spouse in prison:

• the spouse is deprived of liberty;
• the sentence must be at least 3 years;
• the guilty verdict came into force.

IMPORTANT
If the above conditions are met, you can apply for divorce from your spouse in prison through the registry office. The consent of the convicted participant in the marital relationship is not required. However, if the term of imprisonment is shorter, or the sentence does not imply the imprisonment of the spouse, the relief does not apply. It is necessary to get a divorce in the classical manner. In this case, the registry office will agree to consider applications only from childless spouses who have reached agreement on the issue of divorce in prison. Otherwise, you will have to go to court (Art., Code of Civil Procedure of the Russian Federation).

Simple cases are considered by the magistrate. You can file a claim for divorce from your spouse in prison, in this judicial body, in the following cases (Article 23 of the Code of Civil Procedure of the Russian Federation):

• a married couple has children, but there are no disputes about the further education of their offspring;
• you need to divide inexpensive property worth no more than 50,000 rubles;
• one of the spouses wants to save the marriage.

If the issue does not fall into the above categories, you need to prepare a statement of claim and dissolve the marriage with your spouse in prison through a district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

Application for divorce: how to do everything right

It seems that it might be easier to write a statement by hand and take it to the registry office.

In fact, even at this stage you can make a mistake and significantly delay the divorce.

Where to carry

The application is submitted to the civil registry office at the place of registration of the marriage relationship or at the place of residence of the applicant.

The applicant has the right to choose the place to apply for divorce, based on his own preferences - which of the registry offices listed above is more convenient for him to apply to.

How to fill

To divorce an imprisoned husband, application form No. 11 is used, the form of which can be obtained from the registry office or downloaded from our website.

Important! The application form can be filled out not only in the presence of a registry office employee. At a free consultation with our lawyers, you will be presented with an approximate sample of this document, which you can fill out in a relaxed atmosphere.

Such an application must be submitted at the place of your registration or at the place of marriage registration.

If you decide to fill out the application form yourself, do not forget to indicate the following points:

• name of the territorial division of the civil registry office;
• applicant details;
• information about registered marriage;
• grounds for divorce from a prisoner (link to the sentence);
• request to end the marriage;
• list of attached documents.

Thus, in order to file a divorce, you need to verify the legal grounds (receive the verdict), fill out and submit an application to the registry office.

In most civil registry departments, it is currently not necessary to fill out form No. 9 yourself. The institution’s specialist independently enters data about the applicant and his spouse into the program and automatically generates an application, which only needs to be carefully checked and signed.

Can a convicted person refuse to divorce?

If one of the married couple was sentenced to a term of at least 3 years, it will not be possible to refuse a divorce in prison. The law gives the husband or wife who remains free the right to divorce at their own request. There is no need to obtain the consent of the second spouse for this act (Article 19 of the RF IC).

Attention

However, if there is no right to a simplified divorce through the registry office, the divorce from a spouse in prison will occur in the classical manner - in court. The opinion of the second participant in the family union will be taken into account. If a husband or wife in prison does not want to get a divorce, it will not be possible to terminate the official relationship through the registry office. You will have to go to court. A judicial representative will review the application and then make a decision. If there is a chance to save the marriage, the married couple will be given up to 3 months for reconciliation (Article 22 of the RF IC).

Divorce without judgment

There are often cases when the applicant does not have a document giving him the right to a simplified divorce from a convicted person. You can obtain a copy of the verdict through an official request to the court that issued it. The text of the request must explain that the decree is necessary for presentation to the registry office and subsequent divorce. In order to receive a copy of the verdict, you must pay a state fee, and attach the receipt along with a copy of your passport to the request.

It is important to know that the expression “copy of the verdict” does not mean an ordinary photocopy of a document, but a ready-made court decision with official seals and autographs of the presiding judge.

Where to file for divorce if your husband is in prison?

The choice of the appropriate authority for divorcing a husband in prison depends on the circumstances of the spouses. You can get a divorce through:

1. MARRIAGE REGISTRY. Moreover, it is possible to terminate family legal relations through the civil registry office either on the initiative of one or both spouses. Initially, it is worth finding out the possibility of using a simplified procedure for divorce in prison through the registry office. The conditions for applying the accelerated divorce scheme are reflected in Article 19 of the RF IC. The wife can initiate a divorce herself if the husband is imprisoned for a period of 3 years or more, and the sentence has entered into force. In all other cases, divorce from a spouse in prison through the registry office is possible if both participants in the marriage want to end family legal relations and the couple has no children.
2. World court district. Representatives of the authority will agree to consider an application for divorce from a spouse in prison if a married couple has children, but the husband and wife independently decided on the issue of place of residence and the specifics of supporting the children (Article 23 of the Code of Civil Procedure of the Russian Federation).
3. District Court. The authority considers controversial issues. The district court will decide the fate of the children if the parents cannot independently agree on the place of residence and the specifics of meetings with the child during a divorce in prison. Additionally, the authority deals with the division of expensive property and other disputes arising in family unions (the price exceeds 50 thousand rubles) (Article 24 of the Code of Civil Procedure of the Russian Federation).

How to file a divorce in prison if you have children?

Initially, in order to divorce a spouse who has lost his freedom and has children, you need to find out the presence of the right to terminate official relations in a simplified manner. If the husband was sentenced to 3 or more years, and the sentence came into force, you can dissolve the marriage in prison through the registry office, even if there are children. (Article 19 of the RF IC). If at least one of the conditions specified in the article cited earlier is not met, the simplified procedure for divorce from the imprisoned spouse is not available, you should go to court (Article 21 of the RF IC). It is necessary to choose a court taking into account the presence of disputes. If the husband and wife have no disagreements, and the spouses themselves have agreed on the future of the children, the magistrate’s court will agree to consider the application (Article 23 of the Code of Civil Procedure of the Russian Federation). In all other cases, a visit to the district authority cannot be avoided (Article 24 of the Code of Civil Procedure of the Russian Federation).

Simplified divorce procedure

According to Art. 19 of the RF IC, the spouse has the right to submit an application to the registry office in a simplified manner if the husband is sentenced to serve a real sentence for a period of 3 years or more. The presence of children does not matter. The consent of the convicted person is not required. He does not subsequently lose the right to property or communication with children. The procedure is carried out unilaterally.

When is it impossible to get a divorce in a simplified manner?

There are situations when a simplified divorce from a convicted person is impossible:

• The man was sentenced to correctional labor. No real conclusion is made, and the marriage is dissolved in the general manner.
• A term of up to 3 years was assigned. The right to a simplified procedure arises when convicted for a period of more than 3 years.
• The marriage was registered while serving a sentence in the penal colony. You will have to wait for release or get a divorce on general grounds. In the future, if convicted again, the woman will be able to file for divorce on her own.

Let's look at a practical example:

The man was convicted of murder for 7 years, sentenced to imprisonment and serving in a penal colony. After 5 years, he met a woman through correspondence, and they decided to get married. The marriage was registered within the walls of the colony. The legal wife wanted a divorce, at that time the man had 12 months left to serve. There is no reason for a unilateral procedure.

After the husband’s release, the wife changed her mind about getting a divorce, then he again ended up in prison for 10 years for a serious crime. She applied to the registry office on her own behalf.

Other grounds for unilateral divorce

In addition to real conviction, there are other grounds for unilateral divorce in the registry office:

• Recognition of the other party as incompetent. It is carried out by a court decision in the presence of medical reports confirming the impossibility of a citizen’s adequate perception of the reality and consequences of his actions.
• Recognition of a spouse as missing. Relevant when more than 12 months have passed since his disappearance or law enforcement agencies received information about him.

In both cases, a court decision that has entered into legal force is required.

The legislative framework

Name of the normative act What it regulates

What documents are needed for divorce if the husband is in prison?

You need to prepare for a divorce while one of the spouses is in prison. First of all, you need to collect a package of necessary documents. The list differs depending on the authority through which the married couple will terminate the official relationship. If this is a registry office, the list of required documents is reflected in the article - Federal Law No. 143. The following official documents may be required:

• completed application;
• identity card of the spouses;
• marriage registration certificate.

Attention:
It is not necessary to provide a receipt for payment of the state fee during a divorce in prison, but it is better to include the paper in the list of attachments. The document will help representatives of the authorized body quickly verify that the payment has been made. If a couple divorces by mutual consent, there must be 2 applications (Article 33 F3 No. 143). The convicted spouse fills out his application for divorce in prison, has it certified by the head of the correctional institution, and then sends it to the husband or wife, who will submit the petition to the registry office. When a simplified procedure for divorce is used, and there is only one applicant, it is necessary to confirm the presence of the husband or wife’s right to unilateral divorce through an authority. To do this, they provide a sentence convicting the spouse for a term of over 3 years (Article 34 of Federal Law No. 143).

Completely different documents must be provided if the divorce goes through the court. The list of required papers is regulated by Article 132 of the Code of Civil Procedure of the Russian Federation. You must present:

• statement of claim;
• identification;
• receipt for payment of state duty;
• birth certificate of children, if present;
• certificate that the couple is officially married.

The list is not exhaustive. The applicant may provide additional documents confirming the circumstances of the case.

Recommendations for divorce if the husband is in prison

Bringing one of the spouses to criminal liability is a very unpleasant life situation, which often destroys strong families. In order not to encounter such a problem, the best thing to do, as one of the heroes of the stories of I. Ilf and E. Petrov said, is to “honor the Criminal Code.”

Unfortunately, it is better not to renounce “prison and poverty”, so you should be extremely careful in your actions and actions so as not to end up in the dock.

If, however, by a coincidence of fateful circumstances this happened, then the wife should:

1. Think everything over thoroughly, taking as a basis the gravity of the crime, under what circumstances it was committed by the husband, what forced him to take this step. After all, there are different cases in life.
2. It is better to carry out the procedure through the court if there are unresolved property disputes, or the father wants to participate in raising children in the future.
3. Take care of the issue of quickly obtaining a copy of the verdict.
4. A marriage is dissolved according to the general procedure when it is concluded in prison.
5. If the husband is sentenced to probation or for less than three years, it will not be possible to resolve the issue in an expedited manner, no matter how much one of the parties would like it.

In conclusion, I would like to note that a decision should be made depending on the specific situation and relationships that developed in family life before the court verdict.

After all, a person could unintentionally (accidentally) commit a crime and receive a significant prison sentence, but upon being released, he could not change his moral and psychological character. The last word in this case will be with the other party, who is at large.

How to get a copy of the judgment for a divorce from a convicted person?

It is necessary to obtain a copy of the sentence of the convicted person so that the spouse who is at large can obtain a divorce in a simplified manner (Article 34 of Federal Law No. 143). Without a document, divorce will proceed according to the standard procedure. You'll have to go to court.

In order for the remaining spouse to receive a copy of the verdict for divorce from the convicted person, it is necessary to proceed according to the following scheme:

1. Prepare a package of documents. Identification and marriage certificate are required.
2. Contact the court considering the case in which the spouse was convicted.
3. Provide a package of documents confirming the presence of the right to receive a copy of the verdict.
4. Receive the document and submit the paper to the registry office to file a divorce from your spouse in prison.

Cases of divorce through court

As we have already said, the consent of the convicted person for divorce is not required, so you do not need to go to court to divorce him. The exception is the situation when the spouse serving a sentence has property claims against the other party, or defends his parental rights.

After receiving notification of the receipt of an application for divorce, the convicted person sends to the registry office a written, reasoned refusal indicating the reasons. A copy of this refusal is given to the applicant with an explanation of the need to go to court.

Despite the fact that a convicted person does not have the right to participate in court in a civil case, the law does not deprive him of the right to protect his interests. For this purpose, he can hire a representative by issuing him a power of attorney certified by the head of the correctional institution.

Even in the absence of a lawyer, the court will take into account the interests of the second spouse. All procedural documents regarding the case will be sent to him with the possibility of providing written answers, petitions, complaints, etc.

If an administrative divorce lasts approximately 1-1.5 months, then for a judicial procedure this period is difficult to predict. According to the law, the period for judicial review of cases is 2 months, but taking into account the remoteness of places of deprivation of liberty and the duration of delivery of postal items there, it can drag on for more than a year.

Divorce from a spouse in prison through the registry office

The easiest way to get a divorce in prison is to go to the registry office. The method of ending family legal relations saves time. You can get a divorce through the authority within one month (Article 19 of the RF IC). If the spouse remains in custody for more than 3 years, it is not necessary to obtain permission for divorce. It is possible to dissolve a marriage in a simplified manner.

In order to divorce a convicted husband or wife through the registry office, you must:

1. Make sure that there are grounds for divorce through the authority. The list of reasons is presented in Article 19 of the RF IC. The married couple must not have minor children, and both spouses must be willing to file for divorce. If the husband is sentenced to three or more years, the presence of a common child will not become an obstacle to the second participant in the marriage union applying to the registry office and severing the official relationship in a simplified manner. The consent of the convicted citizen to divorce is also not required.
2. Prepare a package of documents. The list of required papers is reflected in the articles - Federal Law No. 143. You will need an identity card, a marriage registration certificate, a completed application, and the husband’s verdict if a divorce from a spouse in prison will be filed in a simplified manner.
3. Contact the authority. You can submit a package of documents during a personal visit to the registry office or through the State Services portal. The choice of method depends on the convenience of the citizen. The State Services portal does not eliminate the need to visit the registry office in the future, however, the applicant will be able to avoid waiting in line. It is enough to come to the authorized body at a pre-selected time.
4. Pay the state fee. The amount of payment is regulated by Article 333.26 of the Tax Code of the Russian Federation. If a marriage is dissolved according to the standard scheme, each spouse pays 650 rubles. When there are grounds for divorce at the request of only one husband or wife, the state duty is reduced to 350 rubles.
5. Submit the package of documents to the representative of the authority. The registry office employee will check the papers and then accept them if no errors are found.
6. Wait for a divorce from a spouse in prison to be finalized. Divorce through the registry office takes 1 month (Article 19 of the RF IC).
7. On the appointed day, visit the authorized body and pick up the divorce certificate.

How can you file for divorce?

An application for divorce can be sent in the following ways:

1. personally;
2. through MFC.

We will discuss the specifics of using each method below.

Personal appeal

You can apply for a unilateral divorce not only to the registry office where the registration was made, but also to the relevant department at your place of residence. The application, in the manner of interdepartmental interaction, is transferred to the “necessary” registration authority, where the divorce is directly registered.

Submitting an application through the MFC

Multifunctional centers accept applications with attached documents for transmission to the authorized body. The MFC does not issue a divorce certificate. It performs only an intermediary function to facilitate the procedure under consideration. An MFC employee accepts the same documents that are submitted in person to the registry office, checks their completeness and registers them. If necessary, he can draw up a statement on behalf of the applicant; the latter will only have to sign it with his own hand. Within 5 days, the documents are transferred to the registry office, where the applicant must appear to receive a divorce certificate.

Divorce with a convicted person through court

The dispute is considered in court if using a simplified divorce scheme in prison is impossible and the spouses have minor children (Article 21 of the RF IC). In order for a judicial body to agree to consider citizens’ demands, it is necessary to act according to the following scheme:

1. Choose the appropriate authority. The magistrate or district court is ready to consider the claim. To determine where to apply, you need to talk with the husband or wife serving your sentence and discuss all the issues. In particular, it is necessary to clarify the future fate of children. If the specifics of financial support and further education do not cause disputes between the spouses, you will have to file a petition for divorce in prison through the magistrate’s court. The same authority is involved in the division of property if the total value of real estate does not exceed 50,000 rubles (Article 23 of the Code of Civil Procedure of the Russian Federation). In all other situations, you will have to go to the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).
2. Collect supporting documentation. You definitely need to file a claim. The document must be drawn up in accordance with the provisions of Art. 131 Code of Civil Procedure of the Russian Federation. It is also necessary to supplement the statement of claim with the annexes reflected in Art. 132 Code of Civil Procedure of the Russian Federation.
3. Decide on jurisdiction. The application must be submitted at the place of residence of the plaintiff (Article 28 of the Code of Civil Procedure of the Russian Federation). However, if the applicant has minor children, the person is sick, or for some other reason cannot go to another city, the situation changes. It is permissible to file a claim at your own place of residence (Article 29 of the Code of Civil Procedure of the Russian Federation).
4. Visit the court office and provide a package of documentation . The statement of claim will be considered within 5 days (Article 133 of the Code of Civil Procedure of the Russian Federation). Then the case will be accepted or the appeal will be rejected.
5. Find out the date and time of the upcoming trial. Subpoenas are sent to the parties.
6. At the appointed time and period, visit the authority and take part in the proceedings. The plaintiff has the right to defend his position, defend his rights and freedoms, present evidence, and involve a lawyer. An explanation regarding the participation of a convicted person in court proceedings was given by the Supreme Court of the Russian Federation in review of judicial practice No. The document states that there is no obligation to release a prisoner to participate in divorce proceedings. Therefore, divorce in court takes place without the participation of the prisoner.
7. Find out the court's decision. If you are not satisfied with the verdict, you can prepare an appeal (Article 320 of the Code of Civil Procedure of the Russian Federation).
8. If the applicant's requirements are satisfied, you can go to the registry office . The authority is responsible for entering information about divorce into government databases and issuing certificates to spouses. The service is paid. For providing documents they charge 650 rubles (Article 333.26 of the Tax Code of the Russian Federation).

How to divide property with a convicted person

If a spouse is sentenced to more than 3 years , this does not prevent the division of property. But only what has been acquired through joint efforts in marriage will be shared. Premarital values ​​cannot be divided.

What laws govern the issues in this section: Article Explanation

It is important to know: when it comes to dividing real estate, it is easier to sell it and divide the money equally. If the housing was purchased with maternity capital, shares will have to be allocated to the children. Selling it will be more difficult; permission from the guardianship authorities will be required.

For division, you need to contact the district court at the location of the disputed real estate. The convicted person himself will not be able to take part in the proceedings, and a copy of the decision will be sent to him at the place where he is serving his sentence.

Deadlines and state fees

If your spouse is in prison, all standard divorce rules apply. The rules governing the timing and cost of divorce also do not change. If a married couple, by mutual desire, or on the initiative of only the spouse who is at large, applies to the registry office, the official relationship is canceled within a month (Article 19 of the RF IC). The cost of a divorce in prison directly depends on who initiated it. If a husband and wife act in the classical manner and dissolve the marriage together, each spouse contributes 650 rubles (Article 333.26 of the Tax Code of the Russian Federation). If the husband is sentenced to 3 years, the woman has the right to initiate a divorce herself. In this case, the amount of state duty is reduced to 350 rubles. Only the applicant contributes funds.

IMPORTANT

If divorce in prison is possible only in court, the state fee will be 600 rubles. The amount is charged regardless of to which authority the court sends the appeal (Article 333.19 of the Tax Code of the Russian Federation). The amount of the state duty is relevant if the court will only consider issues of divorce and alimony. If demands are made for the division of marital property, the amount of the fee depends on the cost of the claim. The size of the state duty varies in this case from 400 to 60,000 rubles (Article 333.19 of the Tax Code of the Russian Federation). When divorcing a convicted spouse in court, the issuance of a certificate is paid separately. Each of the participants in the marriage union is required to provide 650 rubles (Article 333.26 of the Tax Code of the Russian Federation). In this case, you don’t have to wait for the husband or wife to provide funds. Each spouse receives a certificate upon the provision of state duty based on a court decision.

The length of time for divorcing a spouse in prison depends on the type of authority. If the case is considered by a magistrate court, a decision will be made within a month. The period is calculated from the moment the application is received. When it is necessary to contact the district authority, the period is extended to 2 months. If the case is complex, the period can be extended for another 30 days (Article 154 of the Code of Civil Procedure of the Russian Federation). They give you another month to appeal the decision (Article 321 of the Code of Civil Procedure of the Russian Federation). In total, proceedings for a divorce from a convicted spouse in court will take at least 60 days. In practice, the period can be significantly longer.

Is it possible to divorce a convicted person by proxy?

Features of registration of a power of attorney are reflected in Art. 185 of the Civil Code of the Russian Federation. Based on the document, you can transfer part of your rights to another person.

Attention

The use of a power of attorney during a divorce in prison directly depends on the authority to which the spouse files the application. If this is a registry office, there is no need to draw up a document. The fact is that a citizen can remotely prepare a certified application and send the document to the second spouse (Article 33 of Federal Law No. 143). A husband or wife who is at large fills out their application, takes the previously received papers, pays the state fee and applies to the registry office. There are enough papers to confirm mutual agreement. As a result, the marriage was dissolved.

The situation changes if there is a divorce in prison through the court. The process is much more complicated. Spouses have the right to seek qualified legal assistance (Article 185 of the Civil Code of the Russian Federation). In order for a lawyer to represent the interests of a client, a power of attorney is drawn up. Paper preparation is carried out according to the following scheme:

1. The convicted person prepares a power of attorney, indicating all the powers of the representative. Usually lawyers help to correctly prepare the document.
2. The citizen turns to the head of the prison with a request to certify the document. The official signs the paper and affixes a stamp (Article 185.1 of the Civil Code of the Russian Federation).
3. The power of attorney is given to the lawyer.

The exact list of papers required to prepare a power of attorney to represent the interests of a spouse in prison is not established by law. ID is usually sufficient.

Arbitrage practice

If we turn to judicial practice, we can interpret that a married couple in which the husband has been convicted and is in prison, in most cases agrees to divorce. However, the exact court verdict depends on the circumstances. If the spouse in prison is against the divorce, the consideration of the case is delayed. The most difficult thing is to share property with a convicted person. However, this issue can be postponed until the spouse is released. The court makes a verdict, guided by the interests of all parties, including children.

Problems and nuances

In order for a wife to be able to take advantage of the “benefits” that allows her to divorce her husband who is in prison unilaterally through the registry office, if the spouse is imprisoned for a period of 3 years or more, a court verdict will be required (Article 34 of Federal Law No. 143). If the corresponding decision has not yet been made or has not entered into force, it will not be possible to dissolve the marriage on your own initiative. You will need to wait until the simplified scheme becomes legally available.

IMPORTANT

The convicted person will not be able to personally take part in the divorce. Article 77 of the Code of Criminal Procedure of the Russian Federation states that a person can only be shocked within the framework of a criminal case. The corresponding rule does not apply to civil proceedings.

Divorce in prison is possible. The legislation establishes a simplified scheme for dissolving a marriage with a convicted husband or wife. However, this method is only available if a number of conditions are met. If there are no grounds for the imminent termination of official relations through the registry office, you will have to act according to the standard scheme. A divorce from a convicted spouse will have to be filed through the court. The choice of court depends on the existence of disputes. The article details all the subtleties that will help you competently prepare for the process of divorcing a spouse in prison.

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Some nuances

There are exceptions to every rule. So, if the marriage took place in prison, then the other party, logically, knew about the criminal record of his spouse. In such cases, there is no basis for a simplified divorce scheme.

But, please note that if, while serving one term, the convict committed another crime and was given a new term, then you can get a divorce according to a simplified scheme.

How to get a divorce if there is no verdict?

If there is no verdict, but there was a corresponding court order, you can contact the same court to obtain a copy of the document. The further procedure is carried out in accordance with the procedure established by law.

It is important to remember the following: you need to get not just a copy of the document, but a document that is drawn up in accordance with all the rules of office work - with a wet seal, the signature of the judge, laced sheets, if there are several of them. A simply copied document is not suitable.