Divorce: how to get a divorce as quickly as possible and what can delay the process?

The material was checked by an expert: Evgenia Kalinina

Kalinina Evgenia, economist by education and linguist by vocation. Editor-in-Chief of the Alimenty-urist.ru project. Has 11 years of experience working in various publications.

Often the divorce process is accompanied in court by heated disputes and acute conflicts between spouses. There are cases when one of the parties begins to think about how to delay the divorce in order to try to restore normal family relationships. However, be that as it may, legal practice is often faced with such a task and has different approaches to solving it.

How to prevent your wife (husband) from divorcing your marriage

In cases where the divorce occurs unilaterally, Themis takes over the matter.
And even if one of the family members does not want to separate and ignores court hearings, the judge will still dissolve the union. But the defendant may try to prevent his spouse from breaking off the family relationship. The law provides for cases when a man does not have the right to divorce:

• if the spouse is pregnant;
• until the child is one year old;
• if the child is killed or dies during childbirth, the husband also cannot initiate a divorce for a year.

Of course, in order to keep her husband, a woman can try to get pregnant and give birth to a baby. But what should a man do who doesn’t want to break up?

First, you can try to correct the situation. And solve the problem that caused the divorce petition. This could be the financial side of the issue or the revival of relationships.

The court does not immediately divorce spouses. They are given time to reconcile. And during this period it is quite possible to change the situation in your favor.

If this does not help, you will need the help of a lawyer. A competent lawyer will be able to influence the judge to give a longer period for reconciliation.

The presence of children is a serious reason for a judge to refuse to terminate a family relationship. If there are disagreements between spouses regarding the issues of living with children and raising them, a divorce certificate will be issued only if the disputes are resolved.

When is it impossible to divorce your wife?

The conclusion of a marriage union and divorce are regulated by the Family Code of the Russian Federation. Article 17 of this code stipulates only two situations in which a spouse cannot initiate a divorce and finally destroy another cracked cell of society without the consent of the spouse.

A quick divorce will not work under the following circumstances:

1. if the wife is pregnant;
2. if the wife gave birth to a child who is not yet one year old. Moreover, even in such terrible situations, when the baby was stillborn or died after childbirth, the consent of the spouse is still required.

It is noteworthy that it does not matter at all who is the happy father of the child. Even if the paternity of the legal spouse is refuted through an examination, he still cannot file for divorce. In this case, the man can either wait a whole year or negotiate amicably with his wife to obtain her consent.

Here we see a rare case when the legislation shows truly humane concern for a woman and her child. After all, the main reason for such harsh conditions in front of the spouse is concern for the woman and her emotional state.

And postpartum depression is not just a beautiful term that can be used to cover up traditional female whims.

These are serious changes in the emotional background, in which the female psyche becomes extremely unstable.

Divorce could hurt her even more. One can only guess how such a round dance of stress will end.

If a woman has lost a child, then in such a situation she undoubtedly needs time to restore her morale and prepare for a new test.

Submit a petition to postpone the divorce

Divorce in court takes place in a certain order:

1. Acceptance of application.

As a rule, such court decisions are related to the collection of monetary obligations, and therefore any certificates and documents that allow the court to draw a conclusion about the unfavorable financial situation of the applicant at the present time can serve as evidence for deferment. Also, grounds for postponing a decision may be other significant circumstances, the presence of which also requires documentary confirmation.

When drawing up the text of an application for deferment of execution of a decision, it is necessary to indicate the approximate period from which the applicant will be able to begin fulfilling his obligations, and this period must be reasonable and justified. Ultimately, the period for which the postponement will be made will be determined at the discretion of the court, taking into account all the existing circumstances.

The legislation does not contain a formal concept of “reconciliation period”. In practice, this means a period given to spouses to resolve differences. In fact, this is the time during a divorce intended to think about the current situation, the so-called deferment until the official decision. Often, spouses use the delay not to reach an agreement, but as a reason to delay the divorce.

The duration of the period provided to spouses depends on the place of divorce: the court or the registry office. Divorce through the registry office In the registry office, divorce occurs when the spouses do not have minor children, and they both intend to get a divorce.

I do not have the opportunity to execute the court decision at the present time, because (indicate the reasons preventing the execution of the court decision; circumstances under which the execution of the court decision at the present time will be unfavorable for the parties). In fact, it will be possible to execute the court decision after ""

List of documents attached to the application (copies according to the number of persons participating in the case):

1. A copy of the application for deferment
2. Documents confirming the grounds for granting a deferment of execution of a court decision

Date of filing the application "" Article 203 of the Code of Civil Procedure of the Russian Federation, which regulates disputed relations, also leaves to the discretion of the court the circumstances for granting a deferment. How to draw up and submit an application for a deferment of execution of a court decision. Is it possible that instead of a deferment, an installment execution of the decision is required? To accurately formulate your position, we advise you to read the application for an installment plan for the execution of a court decision.

In an application for deferment of execution of a court decision, it is necessary to indicate information about the decision, the execution of which must be deferred, information about the reasons that served as the basis for filing such an application and evidence confirming the grounds for the deferment. An application for deferment of execution of a decision will be considered by the same court or magistrate who made the decision. The application is considered at a court hearing; the parties are not required to appear at the court hearing.

How can a divorce be delayed in court?

So, we will consider all the adequate options for delaying the trial and focus on what should never be done. Let us immediately note that many spouses decide to register in another place and not notify their other half about the new place of residence. This is a fundamentally incredible decision, since the court will consider the application of one of the spouses taking into account the last place of residence. To defer the sentence, you must first try to delay the review process as much as possible. In this case, you can ask management for a business trip. This will be a valid reason for postponing the court hearing. You can also use sick leave - this is also a valid reason that affects the postponement of the trial. After the case is transferred, you need to file the maximum number of counterclaims:

1. Statement of claim for division of property;
2. Statement of claim regarding issues related to the maintenance and upbringing of children, etc.;
3. Petition for reconciliation. That is, you need to ask the judge to give you the opportunity to reconcile with your spouse in order to restore family relationships. As a rule, such a request is accepted immediately;
4. You can also file lawsuits with very original ideas. For example, you can ask the court to postpone the court hearing until the circumstances are clarified. Indicate that you are trying to discover hidden property of your spouse, even if you are sure that there is no such property;
5. Summon witnesses to court who could testify about the normal life of the spouses - this will help in satisfying the request for reconciliation;
6. Another option is to request paternity;
7. You can file a lawsuit against your spouse for other reasons;
8. After a court decision has been made, appeals can be filed to various authorities in order to delay the process of the decision entering into legal force.

Is it necessary to delay the process?

It is quite obvious that each person has his own individual wishes, accordingly, it all depends on what specific goals you are pursuing. But remember that no matter how you delay the process, you will still be scammed. However, if the need to delay the process does arise, then all the options outlined can become your assistants in this matter. If you do not want to run around various authorities on your own, collecting certificates and submitting some documents, then you definitely need to use the help of lawyers. In this case, a lawyer will help you choose the most optimal and correct tactics of action that will help delay the process as much as possible.

When can the court postpone the decision on divorce?

In order for the procedure for dissolving a marriage on the initiative of one of the spouses who filed a claim in court to proceed as quickly as possible, it is necessary to clearly justify such a decision and indicate the circumstances under which further cohabitation is not possible. Otherwise, the judicial authority may allocate time for the spouses to restore mutual understanding in the family within a three-month period.

A meeting may be postponed due to the absence of one of the participants. Also, a divorce can drag on if the parties cannot come to a mutually acceptable decision regarding the place of residence of a joint child or the division of common property.

The procedure may be delayed when a counterclaim is filed by the second party, with demands that run counter to the interests of the first applicant.

How to achieve a deferment of divorce through the registry office, and extend the procedure for considering the issue of divorce in a judicial body?

It is possible to take the following actions that will delay the divorce process on the part of one of the spouses:

• failure to appear at trial for a valid reason. Justified circumstances include illness, possible relocation, incorrect or untimely delivery of notice, impossibility of arriving at the hall where the meeting is being held due to an accident, natural disaster and other reasons. The absence of confirmed grounds does not allow the court to postpone the hearing. Failure to appear must be justified by the relevant document;
• petition the judicial authority for a deferment. This is possible if the initiator of the divorce does not have serious arguments in favor of such treatment. Another reason for postponing the meeting is to carry out the necessary examinations and other actions required to consider the case (assessment of property, etc.). Such a request is made in writing directly at the meeting or orally;
• apply to the court with a request to attract additional witnesses - it is allowed provided that these persons have a personal interest in this issue and their own requirements;
• file a counterclaim – for the division of joint property, determination of the place of residence of a minor child, etc.;
• transfer the case of divorce to a category requiring a change of authority from the world to the district - by expressing disagreement with the child’s place of residence, in the absence of such disagreements earlier.

Any of the above actions will significantly delay the consideration of the case.

When deciding how to delay the divorce process, it is necessary to take into account that these actions should not contradict current legislation or be qualified by the court as a manifestation of disrespect for this authority. Otherwise, the violator faces legal liability.

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Divorce proceedings. Step-by-step instruction

Written in response to very persistent requests from one of my distant relatives.

Preparing for divorce proceedings begins with the “hanger”. That is, before writing claims, you need to clarify 2 things for yourself:

(a) what rules and conditions for divorce are established by law.

(b) how all this happens directly in court.

A. The rules for divorce are established by the Family Code of the Russian Federation (you can look at the relevant articles yourself, if you’re not too lazy):

1. Divorce of marriage is carried out only by the court if there is:

– minor children; or

– dispute about the place of residence of children; or

– a dispute about the procedure for communicating with children; or

– dispute about alimony; or

– a dispute about the division of jointly acquired property.

Even if there are no disputes, when considering a divorce case, the court is obliged to find out from the parties all the listed issues. In principle, on all issues it is enough to formally indicate in the application and confirm in court that there are no disputes and agreements have been reached between the parties. However, all these issues are independent requirements and can be considered in separate claims, which means

a formal statement in divorce proceedings “about the existence of agreements” does not in any way guarantee that in the future one of the parties will not go to court with a claim, for example, to determine the place of residence of a child (well, even just to fray the nerves). And if a three-year statute of limitations is established for a claim for division of property, then there is no statute of limitations for a claim about the place of residence of a child.

2. When considering a divorce case, the court is obliged in all cases to find out (sometimes formally, but this depends on the specific judge and the circumstances of the case):

– motives and reasons for divorce;

– the objective impossibility of preserving the family and further living together;

– with which parent the child will remain after the divorce;

– determine the amount and procedure for paying child support.

The motives and reasons for divorce, as well as the impossibility of preserving the family and further cohabitation - this, as a rule, provides a certain scope for “everyday creativity” and the sparkling imagination of the plaintiff :) however, it must be remembered that all the facts and circumstances listed in the application must be confirmed and proven (well, at least indirectly). The court may also set a period for reconciliation of the spouses within three months. In the case of mutual agreement to dissolve, the court dissolves the marriage without clarifying the motives and reasons (although “off the record” the judge will still find out this circumstance).

Duration of divorce when applying to the registry office and the court

Applying for a divorce through the registry office is possible if the following conditions are met:

• the absence of contradictions between husband and wife in their desire to dissolve the marriage;
• the absence of a joint child who has not reached the age of majority;
• if one of the spouses is officially declared missing;
• if the husband or wife is declared legally incompetent;
• if one of the spouses is sentenced to three years imprisonment.

If one of the spouses applies to the registry office regarding the dissolution of a marriage, a decision must be made within a month from the date of visiting the authority. When applying jointly, the spouses are given thirty days to consider the consequences of such an act and the possibility of refusing a divorce.

The countdown of the period for divorce through the registry office begins from the moment when the application is officially registered with the specified authority. If the thirtieth day falls on a weekend or holiday, the end of the deferment is postponed to the next working date.

The procedure for dissolution of a marriage can be lengthy if there is no court order stating that the person is missing or found guilty of a crime that deserves a prison sentence of three years or more. In this case, the initiator of the divorce will have to wait for the appropriate court decision to unilaterally apply for divorce.

Going to court regarding divorce proceedings will be required in the following circumstances:

1. the presence of joint children under the age of majority;
2. husband or wife objects to the decision to separate;
3. one of the parties does not want to contact the registry office without explaining the reasons for such objections.

Depending on the reasons listed above, the following deadlines for consideration of the case are possible:

• the minimum duration of a hearing on the dissolution of a previously concluded marriage is within one month and ten days, if the spouses have no disagreements regarding the procedure for dividing property, the place of residence of children, the participants appeared at the court hearing on time, and justified the desire to divorce by presenting compelling arguments;
• up to three months – if there are disputes regarding the above circumstances;
• for a longer period - if one of the parties deliberately delays the divorce case, failing to appear at court hearings for justified reasons.

The maximum duration of divorce when applying to a judicial authority is up to four months and ten days. Of the specified period, one month is spent on the consideration of the claim, three – on the judicial paperwork, and ten days – during this period the resolution takes legal force.

In addition to the actions of one of the parties, the delay can be explained by imperfections and violations in the functioning of the judicial system - if the participants in the process were not notified in a timely manner, or other deviations from the rules and regulations were made.

Divorce by applying to a court may be delayed if the plaintiff is refused to accept the application for the following reasons:

1. the absence of such powers if the applicant is a government body;
2. when the claim mentions issues that are not related to marriage or affect the interests of other people;
3. the presence of a valid decision of another judicial body in relation to the specified married couple.

The claim for divorce may be returned to the applicant if:

• an incomplete set of documents was submitted;
• the decision on divorce is not within the jurisdiction of this authority;
• the claim was filed by an incapacitated person;
• There were violations in the execution of the application;
• a judicial or government body is already considering the issue.

One of the participants may avoid appearing in court, which will cause delays in considering the issue of divorce. By law, a judge can approve a divorce decree if one of the spouses fails to appear three times. But such an outcome is extremely unlikely, since the obligatory presence of both parties is required for the objectivity of the decision made.

Property division

All property acquired by spouses during marriage is considered jointly acquired and is subject to division. Neither party will give up a larger share. The arguments may be different - minor children remain with one of the spouses, or he has invested more funds in the purchase of divisible property. In fact, even if the second spouse did not work during the entire period of marriage, it is quite difficult to prove in court the priority right to movable or immovable property. To maximize your winnings, a qualified lawyer will look for evidence that you invested money you had before marriage.

Things are also not easy with the apartment given to the couple for their wedding by the parents of one of the newlyweds. From a moral point of view, everything is simple - the second has no rights to it. But morality in divorce proceedings is too rare. Therefore, lawyers advise thinking about divorce even before the wedding, no matter how cynical it may sound. The broad gesture at the celebration “We are giving you an apartment” is a great surprise for the newlyweds. But, it is better to register it for your child before the official registration of the marriage. Or, then enter into a gift agreement. If parents donate money for an apartment, then the fact of the transfer must also be documented, and the agreement must be drawn up by a professional.

How to get a deferment for divorce through the registry office

Divorce through the registry office is possible only if both spouses are ready to end the relationship and they do not have minor children.
When submitting an application, they are given a grace period of 30 days for reconciliation. According to the law, this time is enough to make an informed decision and confirm that the application was not submitted rashly.

But it may turn out that this time is not enough. That is, the husband and wife have not completely changed their minds about getting a divorce, but they already doubt the correctness of their decision.

In this case, you can withdraw the application and try to live together. Without this, an employee of the Civil Registry Office will enter data on the termination of family relationships. And the spouses will only have to pick up the divorce certificate.

Another option to get a deferment is to not appear at the registry office on the appointed day to sign documents. Then the civil servant will be forced to give the spouses an additional delay for reconciliation.

And, of course, you can ask the registry office employee for additional time to think.

Both in case of divorce through the registry office and through the court, the law will always advocate the preservation of the family. Therefore, requests for a postponement or a petition to terminate the divorce process are almost always granted.

How to achieve red tape at the registry office?

Divorce in Russia occurs in two ways:

• through the registry office - if there are no children and there are no disputes between spouses;
• through the court - if there are children, or one of the couple objects to the divorce.

In the event that there are no children at all, or they have already reached the age of majority, the spouses can divorce at the nearest registry office. Here the way to delay time is very simple - just not appearing at the registry office, not submitting applications and not signing any papers. Without the clearly and unambiguously expressed consent of both spouses, divorce in the registry office is impossible. And in this situation, anyone who wants to end the marriage will have only one option - to go to the magistrate with a statement.

When can you appeal a divorce?

A court decision can be appealed before the expiration of ten days from the date on which it was made. To do this, the party who does not agree with the court decision must appeal to a higher authority.

If the specified period has expired, the resolution is recognized as having officially entered into force, therefore it is extremely difficult to change the outcome of such a review, and a positive result of such actions is practically unattainable.

But one of the spouses is given the right to challenge the order of division of property adopted by a court decision after it has entered into force. According to paragraph 7 of Art. 38 RF IC and Art. 196 of the Civil Code of the Russian Federation, the duration of appealing property issues is three years from the date of dissolution of the marriage.

What will delay and complicate the process?

The percentage of divorces in which spouses separate amicably and visit each other with their new significant other is very low.
Often, if an unsuccessful marriage of spouses only cripples morally, then divorce finishes it off completely. From love to hate, as you know, there is only one step.

Add to this the division of property, cutting up cars, a border zone in a shared apartment, loans and a couple of common children on the wave of youthful maximalism. And your worst enemy has been created and is ready to drown you with a wave of hatred.

“Complex” divorce proceedings are conducted only in court . A divorce may be delayed due to the spouse’s failure to appear at the hearing for valid reasons. If questions arise about the amount and procedure for paying child support or for the maintenance of an incapacitated spouse, the process will become even more complicated.

When spouses cannot come to an agreement about which of them the children will live with, this will also significantly delay the divorce.

The party who disagrees with the divorce (the defendant) may file a petition for a delay for reconciliation.

There is a high probability that the judge will grant the request and give the spouses time to think. Typically, judges give a period of three months to “think about it.” If the defendant deliberately delays the divorce, unfortunately, you will not be able to do anything about it.

For example, failure to appear at a hearing due to illness or business travel will completely acquit the defendant. Even after the divorce, the dissenting party can file an appeal against the court decision within a month and you will have to visit the Themis representatives more than once.

In recent years, rumors have often leaked to the press about bills to extend the terms of divorce proceedings that will be submitted to the State Duma. The main goal of introducing new rules is considered to be to preserve marriages. Presumably, the period of divorce through the registry office will stretch from one month to three, and through the court even longer.

Behind the scenes, the authorities have long been proposing to increase the state fee, the payment of which is mandatory when filing an application for divorce. Moreover, the increase from the current 650 rubles will not be two or three times, but up to tens of thousands of rubles. As they say, “to be discouraging.” Rumors have not yet gone beyond gossip, but we can only guess what the coming day has in store for us.

Length of grace period for divorce

Schedule a court hearing, with notice sent to each spouse.

• Interviewing the parties to the dispute, clarifying the positions of the spouses and providing time for reconciliation for a period of 1 month. The reason for the delay may be uncertain behavior (vague explanations, refusal to explain the reason for the divorce) or a request from a party to the process.
• Repeated meeting. The intentions and positions of the parties are clarified again. Additional time is provided for reconciliation or a decision is made to dissolve the marriage if the spouses insist on divorce and are categorically against a postponement.
• The Family Code of the Russian Federation gives the court the right to order reconciliation within 3 months. And this period includes both the period appointed by the court on its own initiative and at the request of one of the spouses.

Time for reconciliation

If the currently active husband and wife do not have children (or they have reached the age of majority), then the divorce is carried out administratively - through the registry office. In this case, the maximum time for reconciliation is one month (Article 19 of the Family Code of the Russian Federation). If the family remains intact, then the spouses do not have to withdraw the application.

If you have children under the age of 18, then file a lawsuit. In this case, the maximum time for reconciliation is three months (Article 22 of the Family Code of the Russian Federation).

When determining the time for reconciliation, the situation in the family is taken into account. For example, if a husband was caught cheating and his wife left him, then it makes no sense to give three months. And if the spouses have a newborn child and they quarreled over some household item, then three months may be granted.

Method No. 1. Failure to attend a court hearing for a valid reason

The law does not say what is considered a valid reason and what is not. The judge makes his own decision.

In practice, valid reasons are:

√
The need to leave.
It is very important where exactly.
A business trip will be considered a valid reason, but a trip to the sea will not. √ Illness.
Yours or your loved one if he is lonely.
√ Inconsistent with the rules and/or untimely notification of the place and time of the trial.
Please note that a “primitive” refusal to accept a subpoena does not solve the problem.
This way you will only gain two to three weeks (based on the work schedule and workload of the court). √ Objective circumstances, i.e.
those that do not depend on the person and which caused the inability to get to the courthouse. These include road traffic accidents, man-made accidents, natural disasters, etc.

You will need a document confirming the need for departure, illness, etc. In the first situation, a copy of the business trip order is suitable, in the second - a certificate of the upcoming operation.

The disadvantage of the first method of delaying a divorce is that it gives very little time. After the second or third no-show, you will be scammed.

How to counteract the delay of divorce in this situation?

In fact, no way. In accordance with the Civil Procedure Code of the Russian Federation, one postponement of divorce for a valid reason is possible.

Method No. 2. Attend the court hearing, but ask the judge to postpone the divorce

A deferment of divorce is granted if:

√

The plaintiff has no serious arguments for separation from her husband/wife;

√

The plaintiff is not sure that he wants to dissolve the marriage;

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√

The defendant intends to restore the relationship.

In addition, if one of the parties requests the inclusion of additional documents, an examination, etc.

All you need to do is communicate, in writing or orally, your intention to restore the relationship. Tell me what you will do.

The time for reconciliation is prescribed in the protocol (Article 225 of the Civil Procedure Code of the Russian Federation).

How to counteract the delay of divorce in this situation?

Most often, judges accommodate those who ask for a delay in divorce. To reduce the time required for reconciliation, try:

√

Insist on divorce, even if the other party is against it;

√

Give arguments in favor of the fact that the family remains only on paper - you do not live together, do not communicate, etc.;

√

Emphasize that delaying the divorce violates the rights of the plaintiff and children.

A deferment of divorce cannot be appealed, since it does not cancel the case, but only slows it down.

Method number 3. Request to involve witnesses and/or third parties in the case

To attract witnesses to the case, it is necessary to justify the significance of the testimony of these people.

There is no point in hoping for another postponement of the divorce due to the fact that the witnesses have not been notified of the place and time of the trial - in civil cases, unlike criminal cases, forced delivery is not provided. Witnesses may simply not appear at the court hearing, and this will not affect anything.

Special attention should be paid to the involvement of third parties in the case. This possibility is provided for in Article No. 51 of the Arbitration Procedural Code of the Russian Federation, which is interpreted ambiguously.

A request to involve third parties in the case will only be granted if the standard is met.

Firstly,

the third party should not have its own requirements.

Secondly,

the third party must be connected with the case - have a material interest in it.

How to counteract the delay of divorce in this situation?

Prove that whatever the outcome of the case, there will be no negative consequences for a third party. You cannot do this without the help of an experienced lawyer. It is impossible to give any specific advice, since each legal process is individual.

It is possible to prevent the involvement of third parties in the case in advance, before the start of the court hearing. If there are many third parties, then place an advertisement in the media, and if there are few, then send letters. The court will consider that third parties were notified and if they were interested in the case, they would have appeared at the court hearing.

Method number 4. File a parallel claim

An example of filling out a statement of claim when dividing jointly acquired property

We are talking about claims such as:

√

Claim for division of common property (both real and movable);

√

Claim to establish the place of residence of children under 18 years of age;

√

Claim for scheduling meetings with children under 18 years of age;

√

Claim for collection of alimony for a child and for oneself;

√

Claim to challenge paternity, etc.

Any parallel process greatly extends the trial. For example, when establishing the place of residence of children under 18 years of age, it is necessary to examine the living conditions of the plaintiff and defendant; when collecting alimony for the child and for oneself, wait for income certificates; If paternity is disputed, conduct a DNA test.

How to counteract the delay of divorce in this situation?

Make sure that the divorce takes place within the scope of the original case. Point out that there is enough information for the divorce itself.

Method No. 5. Transfer the case from the Magistrates' Court to the District Court

If there is no conflict in the family about who the minor children will stay with, then the application is sent to the magistrate’s court, and if there is such a problem, then to the district court.

This procedural subtlety provides another way to delay the divorce. Let's assume that you have agreed that your wife will take your son with her. She filed a lawsuit in the magistrate's court.

After this, you can state that you disagree with the child’s future place of residence. Thus, the case will fall under the jurisdiction of the district judge rather than the magistrate. The transfer of materials will take some time and, given the bureaucracy in our country, a considerable amount of time.

How to counteract the delay of divorce in this situation?

Unfortunately, no way. Filing a claim in the magistrates' court is based on an agreement that can be revoked.

Documents required for divorce

The list of documents for filing a claim in court is standard:

• a copy of the plaintiff’s and defendant’s passports;
• marriage document;
• birth certificates of minor offspring;
• payment slip confirming the paid state duty;
• a certificate of the defendant’s salary, if we are talking about awarding alimony;
• materials on the availability and value of common property, if we are talking about its division;
• other documents confirming the circumstances of the case.

When going to court, it is important to correctly draw up documents for a divorce without the consent of the wife or husband. This especially applies to the application, and specifically to the reasons for divorce. There is no need to invent something that did not exist. It is better to present the most truthful facts. If the reason for the couple’s separation was inappropriate behavior, physical and moral violence against the other half and children, evidence must be included in the lawsuit. These could be photographs, videos, recordings of threatening calls, SMS correspondence, medical certificates of beatings, testimonies of neighbors, etc. All this, as well as the words of witnesses in court, can significantly speed up the divorce process.

It happens that a husband or wife refuses to divorce because they cannot agree on the division of property, the amount of alimony, and also determine with whom the children will remain. All these issues will have to be sorted out by the judge. In almost 90% of cases, children remain in the care of their mother. The remaining 10% is rather an exception to the rule, when the court leaves the children with their father.

How to stop divorce proceedings

There are cases when the time given by Themis for reconciliation is not wasted, and the spouses decide to try to save the family. Then there is a need to stop the divorce process.

The easiest way is to write an objection document. It contains the following points:

• Date of filing of the divorce petition.
• The reason why the spouses decided to withdraw the previously written petition was the desire to save the family.

After filing an objection, the court will issue a ruling on setting a day for consideration of this issue. Both spouses are required to appear at the meeting. This is necessary in order to confirm that both husband and wife are truly ready to continue living together.

Unilateral divorce through a judicial authority

In all other cases, it is possible to file a divorce without the consent of the second spouse only in court. The consideration of a case of divorce without the consent of the wife and without children takes place in the magistrate's court, which includes the address where the couple lives. But this is only possible if the married couple does not have significant property acquired jointly. The value of the property should not exceed 50 thousand rubles. For the divorce procedure without children and without the consent of the other half, the plaintiff must provide the following documents:

• copies of domestic Russian passports of husband and wife;
• marriage certificate;
• receipt of state duty;
• statement of claim.

How not to break the law?

How can you drag out a divorce in court without breaking the law? The first thing to remember is the principle that both parties to the process have equal rights. Therefore, the court guarantees each of them the opportunity to appear at the hearing, express their thoughts and arguments, present evidence and object to the opponent’s evidence.

That is why such a delaying method as failure to appear for a good reason works well. The legislation does not contain a complete list of reasons that are valid, but in practice they can be:

• Being treated in a hospital;
• Long business trip;
• Emergency, etc.

Therefore, if you need to postpone the divorce, submit a petition to the judge, according to which you are physically unable to be present during the hearing and ask to postpone the consideration.

The petition must be motivated - which means it must be accompanied by a copy of the sick leave, a business trip order or another document that confirms that you cannot appear in court in person.

Subpoena – to take it or not?

You can often hear the opinion that if you do not take a subpoena and sign for its receipt, then the judge will not be able to do anything. Actually this is not true. The procedural legislation of the Russian Federation provides that, if necessary, the case can be considered in the absence of one of the parties, if the participant was properly notified about where and when the trial will take place. And the judge may consider a simple evasion of receiving a summons to be proper notice.

Therefore, if you simply do not accept the summons and do not appear before the judge, you will be able to win a maximum of two to three weeks, depending on the work schedule and the workload of the court with cases. After the second or third failure to appear, the divorce will still take place. However, if you urgently need to win back a few days, this method is quite suitable.

Procedural methods

A very good method by which the process can drag on for a long time is the use of purely procedural methods. Let's say the wife filed a petition for divorce before the magistrate. In this situation, the husband, if there is a child, can instantly declare that he does not agree that the son (or daughter) will, as usually happens, live with the mother - but wants to leave him with him. Even when a man is not really particularly eager to live with the child, this will immediately lead to the fact that the claim will no longer be subject to jurisdiction by the magistrate, but by the district court. The transfer of materials will take some time - and this is a very good option for prolonging the divorce.

When the case ends up in the district court, you can file a counterclaim. Here it is no longer important what will be the subject of the statement of claim. You can demand the division of property, dispute the place of residence of children, dispute the very fact of paternity - the main thing is that the claim is accepted for consideration. In any case, this will significantly delay the matter.

It is also a good idea to demand that witnesses be called to the court on any of the issues. The main thing here is to convince the judge that without their testimony, a final resolution of the case is impossible. Witnesses may not receive a subpoena and may not appear - and then there will be a reason to apply for a postponement of the hearing. But, having decided to act in this way, the main thing is not to overdo it. The challenge must be motivated. In addition, if the witnesses do not appear, the judge will consider the case without them: forced bringing is not provided for in civil proceedings.

The main thing to remember is that deliberately delaying the process is always a “game on the verge of a foul.” Here it is quite easy to be punished for contempt of court. Therefore, if such a need arises, find a good lawyer and consult with him what to do and how to delay the divorce.

Summons to appear in court: what to do?

There is an opinion among the people that if you avoid receiving a summons, and even do not sign to confirm its delivery, then the court will not consider the claim for divorce. In reality, everything is not like that. Based on the provisions of the law, a trial may take place upon the appearance of one plaintiff, provided that the other party has received notice that a trial will take place, indicating the date and location. However, the fact of avoiding communication with bailiffs for the purpose of not receiving notification may be assessed by the judge as notification. Therefore, without accepting the notice and not appearing in court, the defendant will be able to delay the divorce process for no more than 3 weeks. This point will depend on the workload of the judges and the density of their work schedule. Failure to appear in court will result in the court still deciding on divorce at the second or third hearing. This method of delaying the divorce process will be beneficial only in cases where there is an urgent need to obtain a delay of several days.