The divorce procedure is characterized by the termination of property rights and family relations between a man and a woman. In the absence of common minor children and controversial issues, the procedure is carried out by the registry office employees. Otherwise, you will need to contact the district or world legal authority. An extract from the court decision on divorce will become the basis for breaking the union. Registration officials will be required to submit the required document to complete the divorce process.
Which court should I file for divorce in?
Divorce proceedings are handled by two categories of courts - magistrates and general jurisdiction.
You can contact the magistrate if the couple has children, but the spouses have already resolved all controversial issues peacefully. To do this, it is necessary to draw up an agreement on the place of residence of the children, the procedure for communicating with them, the amount of alimony, the division of common property, etc. If there are unresolved conflicts, you need to file a claim in the district court.
If you cannot agree on the division of property, go to the city court.
To initiate divorce proceedings, you need to file a lawsuit in court. It is sent to the judicial authority at the place of registration of the defendant. But you can also file at the plaintiff’s place of registration if minor children live with him or if his health condition does not allow him to travel far from home.
The procedure for making a court decision
The judge accepts the application and examines the attached documents:
- receipt of payment of state duty;
- justification for the amount of alimony required;
- original or duplicate of marriage certificate;
- children's birth certificates;
- marriage contract (if any).
After reviewing the papers, the judge decides to schedule a hearing or refuse to accept the claim. In the first case, the parties are notified of the place, time and date of the hearing.
During the trial, the court hears the parties' arguments and makes a decision. The content and form of this act are regulated by Ch. 16 Code of Civil Procedure of the Russian Federation. Its features:
- the document is issued on behalf of the state;
- the decision is made only by the judge who considered the case materials on the merits;
- the act must come into force - only then does it have legal significance.
The judge must justify his verdict by reference to the law. He has the right to rely only on those materials that were provided during the consideration of the case.
The court's decision on divorce must be justified.
In what cases is a court decision made?
The court makes a decision on divorce only if it sides with the plaintiff. Sometimes circumstances do not require a decision:
- the plaintiff withdrew the statement of claim;
- The spouses reconciled within the time limit allotted by the court.
In such cases, a decision is made to terminate the case. In this case, the initiator of the breakup can file a new claim for divorce.
After the decision is made, the defendant is given time to appeal - 30 days. If there is no complaint, the decision comes into force.
If you don’t agree with the court’s decision to divorce, you have a month to appeal.
Payment of state duty
A state fee is paid for issuing a duplicate document on divorce. According to clause 6, part 1, art. 333.26 of the Tax Code of the Russian Federation, its size is 350 rubles. The state duty can be paid through a bank or terminal.
You may be interested in reading about other documents for divorce, namely: applications, including through State Services, a certificate and act of divorce, a certificate of marriage.
Absentee decision on termination
In some cases, the court may make a decision in the absence of the defendant. It's called absenteeism. This often happens if a citizen deliberately ignores court hearings, does not state valid reasons for absence, does not notify the court that the case can be considered without him, etc.
In practice, a decision in absentia is often made already at the third meeting. However, you can challenge it only within 7 days.
If you ignore the court, the decision will be made without your participation.
How to get a court decision?
The rules for receiving are established by Art. 214 RF IC. If one of the spouses was not at the meeting, he will be sent a copy of the document within 5 days from the date of its issuance. If a citizen was present at the trial, he must pick up his copy himself. Similar conditions apply for a judicial act in absentia.
Some courts provide such a service as receiving a copy of the decision via the Internet. However, not all judicial authorities have such a technical capability. This can be clarified in the court office or on its official website.
The submitted copy of the court verdict does not have official force until the appeal period expires - 30 days. Therefore, you will have to wait a month before submitting a copy of the act to the registry office.
The deadline for sending the court decision to the participants in the process is 5 days.
What it is
An extract from the divorce decree is a document certified by an authorized person that briefly reflects its data.
The form of the certificate is officially established by GOST R 7.0.8-2013, which was adopted on the basis of Rosstandart order No. 1185-st dated October 17, 2013. The document contains brief information from the judicial act concerning the essence of the case. It includes introductory and operative parts that are directly related to the further registration of the divorce in the registry office. The certificate may also include descriptive and motivational blocks, but this is not required.
Based on an extract from the court decision, the ex-spouse can submit a document to the registry office to officially register the termination of the relationship and obtain a divorce certificate. Only persons who participated in the case as parties have the right to withdraw the extract. In order for the court to issue a certificate, it is necessary to wait until the decision enters into legal force (one month after its issuance).
Article 25 of the RF IC obliges the court to send an extract from the decision to the registry office at the place of registration of the marriage within 3 days from the date of its commencement. However, the former spouse must independently contact the department with the following documents:
- docket;
- statement;
- passport.
This obligation is stated in Article 35 of the Federal Law “On Acts of Civil Status”. Consequently, the court is obliged to provide a certificate from the divorce decree not only to the civil registry office, but also to the former spouses. The latter can receive the document by submitting the appropriate application in an official manner (through the office or by mail).
Submission of an extract to the registry office by one of the spouses automatically exempts the other from providing it. He only needs to pay the state fee and, upon presenting the receipt, receive a divorce certificate.
Extract from the court decision on divorce
If you participated in all meetings, you have the right to receive an extract from the court decision. It makes sense to apply for it when the verdict has already entered into force.
Why do you need an extract?
With it you can contact the registry office and receive a certificate of divorce. It is issued 30 days after government employees receive the application and the accompanying papers.
Where to contact?
You do not need to contact the judge who heard the case in person. It is enough to write an application and submit it to the office of the court where the proceedings took place. Be sure to indicate how you will receive the statement.
What information should the extract contain?
The document must contain:
- name of the court;
- date of decision and case number;
- information about the parties to the process;
- the essence of the decision, its operative part;
- a note indicating that the document has entered into force.
Check the contents of the extract - it must correspond to the court decision.
How to get an extract?
You yourself indicate the method of receipt. Some courts make it possible to obtain an extract directly on the website. But in most cases there are two options to choose from:
- by mail;
- in person at the court office.
The second option is more reliable, since it will take up to 6 days to send the letter. In addition, it may get lost, and then you will have to apply for an extract again. If you apply for an extract in person, you can pick up the document on the same day.
Statement validity period
The extract duplicates the court decision, which means it has the same force and validity. The court decision is valid from the moment it enters into force until full execution. By law, its action is not limited in any way.
Cost of extract
Despite the fact that many legal actions require payment of a state fee, the extract is issued free of charge. It doesn’t matter how many times you apply for it.
An extract from the court decision on divorce is issued free of charge.
Procedure and procedure
Marriage is not a deprivation of liberty, therefore it is possible to dissolve a relationship not only by mutual desire, but also on the initiative of one of the spouses. Civil registry office employees have the right to make changes to the database independently, having received a joint application, or on the basis of an official court order. This nuance depends on the circumstances that forced you to file for divorce:
| Authority responsible for dissolving the union | Reasons for contacting | Procedure |
| MARRIAGE REGISTRY | The desire of the spouses to divorce. It is permissible if there are no grounds for resolving the issue in court. | • Submit the application and required documents to the registration authority staff. • Wait 1 month. • Obtain a certificate confirming the completion of the divorce process. |
| Court | • Spouses have common children under 18 years of age. • The parties cannot independently divide property or debt obligations. • The claim contains a clause for the recovery of child support. • The husband or wife does not want to end the union. • Both parties have agreed to dissolve the marriage, but one of the spouses is obstructing the process. | • Determine the generic and territorial jurisdiction of the legal authority. • Pay the state fee, collect documents and fill out an application. • Submit a package of papers to the court office. • Participate in the consideration of the case. • Obtain a divorce decree. • Wait for the document to come into force. • By court decision, obtain a divorce certificate from registration authorities. |
The procedure for obtaining a certificate of severance of family ties in the event of a divorce from a foreign national does not actually differ from the standard one. A woman has the right to use one of the given algorithms of action to dissolve her marriage with a citizen who has a different citizenship. A man in the same situation is free to do the same. Problems may arise only with determining its location, which is especially important in the presence of property disputes and common children. The case will be considered without the other party if the defendant does not contact, is no longer at the last place of registration known to the plaintiff, or has agreed to conduct the hearing without him.
How to obtain a copy of a court decision remotely?
If you had to leave the city where the trial took place, or you are undergoing long-term treatment in a hospital, you can receive a court decision remotely. To do this, you can issue a power of attorney to a representative or send an application by mail. The rules for its execution will be the same as for personal submission to the court office.
Required documents
To receive an extract remotely, send the original application with your signature and a copy of your passport to the court. There is no need to have the papers certified by a notary.
Sample application for a copy of a court decision
In order for the court to issue you an extract, you need to compose your application correctly. Include the following information:
- court data;
- FULL NAME. and your contacts;
- details of the case, the date of the verdict;
- request for an extract.
If the document is drawn up according to all the rules, the court has no right to refuse you. The extract will be sent to the address you specified.
Administrative divorce
This option of divorce is possible if a certain set of conditions are met:
- absence of joint children;
- mutual consent of the spouses.
Such rules are established by clause 1 of Art. 19 of the RF IC and if at least one of them does not comply, the divorce is carried out not through the registry office, but in court. However, there are some exceptions established by paragraph 2 of Art. 19 RF IC.
A unilateral divorce at the registry office will take place if one of the spouses:
- missing;
- sentenced to a term of 3 years or more;
- declared incompetent by court decision.
In such cases, documentary evidence of the existence of grounds for unilateral divorce will be required.
Divorce is carried out 30 days after filing the application. This period is given to allow applicants to reflect on their decision and possibly change it.
