How to file for divorce? Step-by-step instructions from a family law lawyer

Through the magistrate

If you file for divorce, a decision on it will be made in any case. Let us remind you that divorce is possible without the consent of the second spouse. If the plaintiff or defendant does not appear in court, then the first time the hearing will be postponed. The same consequences will occur after the second failure of one of the parties to appear.

But if a participant in the case does not come to court three times in a row, and it is known that he has been notified of the time and date of the hearing, the court will consider the case without him in absentia. Therefore, it is still recommended to come to court to protect your rights. If a party categorically does not want to participate in the process, he should hire a legal representative.

Unilateral divorce through a magistrate judge

Unilaterally – i.e. without notification and presence of the spouse - you can get a divorce in one of three cases: if the partner is incompetent, has been in prison or colony for more than three years, or has officially disappeared more than 5 years ago.

Lawsuit for divorce

The main document for starting the divorce process in the magistrate's court is the statement of claim. Every citizen can draw it up independently, without involving lawyers. The main thing is to know what information should be included in the claim. In accordance with the law of the Russian Federation, the following should be entered in the document:

1. Name of the court or full name of the judge to whom the application is being submitted.

Full name and place of residence of each spouse.

2. When and where was the marriage of the plaintiff and defendant registered?
3. Information about the defendant’s consent or refusal to divorce.
4. Information about minor children , if any (full name, age).
5. Indication of the reasons for the divorce from the defendant.
6. Claim.
7. Date and signature of the plaintiff.

Attention! You should immediately make a copy of the statement of claim; it is attached to it along with the marriage registration certificate, copies of the children’s birth certificates, certified by a notary, and a receipt for payment of the fee.

It is necessary to file a lawsuit at the place of residence of the defendant, not the plaintiff.

Appeal against the decision

Often, appeals are filed against decisions of magistrates; this scenario is especially common for hearings, as a result of which one of the parents is awarded alimony. As with district court verdicts, the magistrate's decision can be challenged by appeal. To do this, the plaintiff or defendant should write a statement indicating:

1. To whom and according to what decision the complaint is sent.
2. Why the party to the case does not agree with the decision.
3. Claims of appeal.
4. Signature and date.

When drawing up an appeal, you can refer not only to the decision itself, but also to the procedural procedure. A lawyer will be able to help and find loopholes to invalidate the decision if the judge really made a mistake.

But the appeal is also made without the help of a lawyer; when indicating the essence of the claim, it is recommended to use the following wording: “I consider the decision of the magistrate in case N [number] on divorce to be illegal and unfounded for the following reasons: [grounds]”, and also “In connection with the above above and in accordance with [regulatory act], I request [requirements].”

Government duty

Prohibitions and nuances

Almost all married couples can dissolve their marriage only within the courts.

The grounds for appeal may be:

1. lack of consensus on divorce;
2. there are additional claims against each other;
3. there is a child.

The current legislation stipulates the impossibility of divorce of spouses.

Refuses to accept an application if the following grounds exist:

1. the spouse is in an interesting state or she is against the divorce process;
2. the common minor child is less than one year old. A ban on divorce is also possible if a child is stillborn.

Each spouse has the right to file for divorce remotely.
If a person cannot attend the meeting for any reason, then he has the right to send a proxy to the court. That is, another person will completely replace the plaintiff or defendant, and also represent their interests.

It is possible to file a motion for inability to attend the trial. This situation allows the case to be considered in the absence of parties.

In what cases are divorces done in court?

The law provides for several conditions:

Having common minor children

Even if both spouses want to divorce, the court is obliged to protect the rights of their minor children. The following issues are resolved in court:

• with which spouse the children will live after the divorce;
• who will raise children and how;
• who will pay child support.

Did the parents themselves come to a consensus on this matter? Then they can submit their agreement to the court. If the children's rights are not violated, the court will approve the parents' agreement by its decision.

Lack of consent to divorce of one of the spouses

It is not always possible for spouses to achieve solidarity if family relationships are on the verge of divorce. If, in the process of considering the case and clarifying the motives and reasons for the divorce, the court comes to the conclusion that saving the marriage is impossible, it makes a decision on divorce. That is, it satisfies the desire of the divorce initiator despite the disagreement of the opposite party.

If, during the divorce process, the possibility of preserving the family becomes obvious due to categorical disagreement with the divorce of one of the parties, the court may set a deadline for reconciliation of the spouses. After completion of this period, the final decision is made. Read more about this here.

Avoidance of divorce proceedings

Often a situation arises when the spouse does not express categorical disagreement with the divorce, but does not allow the matter to be brought to its logical conclusion. He avoids visiting the registry office, filing an application and conducting the divorce procedure, does not file a petition to consider the case in his absence, etc. In this case, the second spouse has no choice but to file for divorce through the court. This provision is provided for in Art. 21 IC of the Russian Federation.

Better to know in advance

The dissolution of a marriage union is most often painful, emotional stress, disputes, mutual claims, intransigence of the parties - all this can significantly complicate life, delay the process, and lead to incorrect behavior during meetings. How to avoid all this? Take advice from experienced lawyers:

• Start with a consultation. It's easier to find out what rights you have in advance. The plaintiff or defendant will be able to take advantage of the advice of a lawyer and defend their own point of view and rights. The validity of the claims will be assessed by a professional who knows the laws and knows how to apply them competently.
• Prepare to file a claim. Everyone is given the opportunity to fill out the application themselves. But not everyone knows what documents will help, how and where to get them, what facts will need to be proven and confirmed. In this case, it is better to consult in advance or entrust the collection of documentation to a trusted person.
• Self confidence. This is good quality. But sometimes people simply get lost under the pressure of their husband/wife or lawyers and cannot clearly formulate their claims and objections. The result is a lost cause. Therefore, prepare carefully for the meeting. And if you doubt your abilities, are afraid or simply do not want to meet with your ex-spouse, trust a lawyer to represent your interests.
• Lost. Even if the process is lost (the plaintiff or defendant was poorly prepared, the court did not consider the arguments presented to be weighty, or relied on the decency of the ex), there is time to correct the situation. You can file an appeal within a month. And this is where help is definitely needed. The complaint must be reasoned, indicate violations during the process, gross violation of the rights of the dissatisfied party, the need to attract witnesses and other significant factors. It is better to entrust its preparation to professionals, as well as the conduct of the appeal case.

Remember that divorce is often not as painless as we would like. And the fate of the children, their and their own financial situation will depend on the activity and position of each side.

The separation of a couple, especially with young children, is always stressful for all members of the former family. If the parties are ready to agree on all key points, it is advisable to dissolve the marriage as soon as possible. Our lawyers will help in preparing a package of documents and filing a claim.

In complex and controversial issues, you cannot do without qualified assistance. Advice from the lives of “experienced” friends and family cannot replace competent advice from a specialist who is familiar with the legislative framework and possible pitfalls of divorce proceedings.

If you are afraid to meet with your ex-spouse or simply do not want to appear in court on your own, entrust the handling of the process to a lawyer. Everyone has the right to delegate the protection of their own interests to a lawyer. This solution will relieve you of additional stress.

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Divorce through court. Global or regional?

In the process, a logical question arises: in which case is divorce carried out in the magistrate’s court, and in which case in the district court?

As a rule, divorce is carried out before a magistrate. And only if disputes arise between spouses about the division of joint property, about determining the place of residence of children, about the conditions for keeping and raising children, the divorce process is carried out in a district court.

As is clear from the above, it is much easier and more effective to file a divorce in a magistrate’s court. A district court divorce is more complex, time-consuming, and costly—both procedurally and emotionally. After all, important property and personal disputes will have to be resolved in court, and intimate aspects of the relationship between spouses will have to be revealed. Therefore, divorce through a district court should be resorted to only in exceptional cases - if it is impossible to resolve the conflict between spouses about children or property.

How to get a divorce through the Magistrates' Court?

First of all, it is necessary to resolve all controversial issues before going to court. Mutual consent of the spouses on divorce and the absence of disputes about children or property is the basis for divorce in the magistrate's court.

For example, in order to file a divorce through a magistrates’ court with children, it is necessary to draw up an agreement that will define the essential provisions:

• with which spouse will the minor children (or each of the children) live after the divorce;
• which spouse will be assigned alimony obligations, in what amounts will alimony be collected for children, and in some cases, also for the spouse entitled to maintenance;
• the procedure for exercising parental rights by the spouse who will live separately from the children.

Such an agreement is one of the mandatory documents for a divorce through the Magistrates' Court with children.

How can I speed up the process?

To reduce time and get the desired freedom as quickly as possible, you should:

• prepare a package of documents in advance so that filing a claim is not delayed due to your fault;
• try to negotiate peacefully with your ex-spouse;
• come to the hearing together with witnesses;
• separate from your husband/wife before filing a lawsuit;
• not make any demands other than divorce.

Please note: all property disputes and decisions on alimony can be submitted to separate proceedings. The wording: “No claims at the time of divorce” only means that no other issues are considered in this proceeding. And both parties retain the right to file claims for the place of residence of the children, their financial support and the division of jointly acquired values ​​and property separately.

Divorce procedure through the court. Stages. Rules. Instructions.

Let's talk briefly about how a divorce takes place in the magistrate's court. The process takes place strictly in accordance with procedural legislation and consists of several main stages:

1. The plaintiff files a statement of claim;
2. The court accepts the application and sets a hearing date;
3. Next, the consideration takes the form of a court hearing;
4. The court makes a decision;
5. The court decision comes into force;
6. The parties receive a copy of the court decision;
7. The parties apply for state registration of divorce to the registry office.

Let's look at each of these stages in more detail.

Preparation of a statement of claim and divorce documents

The well-known concept of “filing for divorce” means preparing and submitting to the court a correctly drawn up statement of claim for divorce and a complete package of necessary documents.

The application for divorce must comply with the established form and contain all the necessary information:

• name of the magistrate or district court;
• information about the plaintiff and defendant: full name, place of registration and actual residence;
• date and place of marriage registration;
• information about the presence of common minor children;

You can learn more about the requirements for the content of the statement of claim, the list of required documents, view the sample and download the form in the article “Filing a statement of claim for divorce in court.”

How to apply to court for divorce?

An application for divorce must be filed with the court at the place of residence of the defendant, with the exception of cases when filing an application at the place of residence of the plaintiff is allowed (in the presence of minor children or due to health conditions).

Acceptance of the claim by the court

If the statement of claim and documents are accepted, the court sets a date for a preliminary hearing (at which the court will determine the readiness of the case materials for consideration, and will also make attempts to reconcile the parties and invite them to enter into a settlement agreement) and the main hearing (at which the circumstances of the case will be considered and a decision will be made) . The date of the first court hearing is set no earlier than a month after filing the application, of which the parties are notified by summons.

Consideration of the case at a court hearing

During the formal part of the court session, the appearance of the parties is checked, the rights and obligations are explained, and the petitions submitted by the parties are considered. Next, the court gives the floor to the parties: listens to the plaintiff’s demands, the defendant’s agreement or disagreement with these demands, and considers the parties’ evidence. The last part of the court session is the debate - alternate statements by the parties regarding the claims and appeals to the court for their satisfaction.

What questions does the judge ask?

However, the court will ask the spouses questions because the information contained in the documents is not enough to fully examine the case.

What questions may be asked at the court hearing?

1. What are the reasons for divorce?

Perhaps this is the very first and predictable question. Depending on what circumstances prompt the spouses to dissolve the marriage, the court will make conclusions about the possibility or impossibility of preserving the family.

If the intention to divorce is not sufficiently justified (quarrels, disagreements, fading feelings, burden of responsibility), the court may assign the spouses a 1-3 month period for reconciliation (clause 2 of Article 22 of the RF IC). If the court determines that the reasons for divorce are sufficiently justified (separation, infidelity, domestic violence), and reconciliation is impossible, the marriage will be dissolved immediately, without setting a reconciliation period (Clause 1 of Article 22 of the RF IC).

1. Does the second spouse agree or disagree to divorce?

The fact that one of the spouses had to go to court is already indirect evidence that he did not receive the consent of the second spouse to divorce. But not always. It happens that spouses cannot divorce in a simplified manner (through the registry office) due to the presence of children, although both want it.

One way or another, the court will find out to what extent the intention to dissolve the marriage is consensual. If yes, the marriage will be dissolved without delay. If the other spouse is categorically against the divorce, the court may postpone the final decision and give the couple a chance to reconcile.

1. Where will the children live?

It is advisable for spouses to decide where the children will live before this issue comes up in court. In this case, the decision must be justified by the interests of the children, and not by the parents’ personal desires and motives. Otherwise, the court will have to resolve this issue (clause 2 of Article 24 of the RF IC), and then additional questions will be asked:

• To which parent is the child more attached?
• Which parent's home is more suitable for living with children?
• Which parent has more free time and opportunities to raise children?
• Whose income is higher?
• What kind of life do father and mother lead?
• What is the desire of the child himself (if he is already 10 years old)?

As practice shows, after a divorce, children remain to live with their mother, and the father takes an equal part in raising the children and pays monthly alimony for their maintenance.

1. What will be the amount and procedure for paying child support?

The issue of paying alimony logically follows from the issue of the children’s place of residence (Clause 2 of Article 24 of the RF IC). Since children live with one parent, the other parent must take an equal part in their lives - in the form of monthly child support payments.

Parents can agree on the amount and method of payment of child support (cash against receipt, postal payment, bank transfer). It would be good if the agreements are set out in writing (in the form of an alimony agreement) and certified by a notary. If there is no agreement and a dispute arises, the issue of child support is referred to the court.

1. How will the joint property of the spouses be divided?

It is not necessary to raise the issue of division of jointly acquired property in the divorce process - this can be done after the divorce. The statute of limitations is three years from the date of violation by one of the spouses of the property rights of the second spouse.

If the spouses do not intend to divide property at the same time as the divorce, the question asked can be answered this way: there are no disputes or mutual claims regarding the division of material assets.

If there are disputes, a fair division will have to be carried out in court. Documents confirming ownership of all property acquired during marriage will be required: contracts, checks, receipts, bank statements. Based on the results of the division, the court will make a decision.

Need legal advice about an upcoming court hearing? Get it for free - write to the chat or call the hotline.

Divorce judgment

After considering the case materials and hearing the demands of the parties, the court retires to the conference room to make a decision. The operative part of the court decision on divorce is announced to the parties, and a document with the full text (with introductory, descriptive, motivated and operative parts) is handed over five days after the announcement of the operative part.

If there was no agreement between the spouses regarding children or property, a court decision may determine the conditions for the further place of residence of the children, alimony obligations in relation to children and obligations for the maintenance of the spouse, and the conditions for the division of joint property.

Entry of a court decision into legal force

The court decision comes into force 30 days after its adoption, unless the parties file an appeal.

If one of the parties files an appeal against a court decision, it enters into legal force after consideration of the complaint, unless it is cancelled. If the court decision is canceled, changed or a new decision is made in the appellate instance, it enters into legal force immediately.

The moment of termination of the marriage relationship is the moment the corresponding court decision enters into legal force.

Receipt of a court decision by the parties

After the end of the 30-day appeal period, each party is given a copy of the court decision marked as having entered into legal force. In some cases, the court issues only an extract from the court decision, valid only for submission to the civil registry office.

Registration of divorce in the registry office

The fact of divorce by a court is subject to state registration with the civil registry office.

A copy of the court decision on divorce or an extract from it is presented by the parties to the registry office to register the divorce and obtain a divorce certificate. It may take about a month from the date of filing the court decision until the receipt of the divorce certificate.

How does a divorce hearing work?

During the hearing, the claims are clarified in order to make a decision on them:

Based on Art. 169 of the Code of Civil Procedure of the Russian Federation, in case of failure of the parties to appear for good reasons, the date of the hearing may be postponed.

Before a decision is made, a debate is announced. The first word is given to the initiator, then to the defendant or his representative. If representatives of the guardianship authorities participate, they speak first.

Based on the results of the debate, the judge is sent to a separate room to make a decision.

Number of divorce hearings

A month after receipt of the application and preparation for the proceedings, a meeting is scheduled. The legislation does not limit the number of hearings, but the terms for consideration of cases by the courts are established:

• global – 1 month;
• district – 2 months.

If during the meeting it is not possible to consider all the requirements, the consideration is scheduled for another date. When a conciliation period is established, the process drags on for up to 5-6 months.

Failure to appear in court

When receiving a subpoena, many give vent to their emotions and decide not to appear at the court hearing.

The reasons for failure to appear in court during a divorce may be disagreement with the divorce, reluctance to meet with the spouse, argue and sort things out, reveal intimate aspects of family life, as well as deliberately delaying and complicating the legal process.

What are the consequences of failing to appear in court for a divorce?

According to the law, the court is obliged to notify the parties of the place and time of the court hearing, and the parties are obliged to notify the court of the reasons for failure to appear, providing evidence of valid reasons. Based on this, if one of the parties fails to appear at the court hearing, the court finds out:

• whether the party was notified in advance of the place and time of the court hearing;
• in case of proper notification of the court about his failure to appear, whether the reason for the party’s absence is valid.

Depending on these circumstances, the court makes a decision on the possibility or impossibility of holding a court hearing in the absence of one of the parties.

Thus, if one of the parties, duly notified of the time and place of consideration of the case, does not appear in court for a good reason (illness, work trip, family circumstances), the consideration of the case is postponed. If there is a valid reason for failure to appear, the court must be notified and supporting documents must be provided.

If neither party appears at the court hearing, the divorce case is closed.

Duration of the process

The trial sometimes takes a long time. The ideal option (with the full consent of both parties) is to divorce 2 months from the date of filing. One of them is spent on preparing the process, the second on the entry into force of the decision. Within a month (before the decision enters into legal force), either party has the opportunity to protest it and file an appeal. In other cases, the deadlines may be extended if:

• The defendant or plaintiff asks to postpone the meeting due to objective reasons (illness, business trip and other valid reasons). Example: the defendant did not appear at the appointed time, but submitted a corresponding application in advance to postpone the hearing during a business trip to another city.
• They gave time for reconciliation: a maximum period of 3 months, after which a rehearing will take place. If nothing has changed, it will ultimately take 5 months to receive a divorce certificate from the registry office.
• Failure of the defendant to appear: the hearing is postponed twice, the third time a decision is made, a total of at least 4 months from the date of filing the claim.
• Controversy. Each of the parties will be able to artificially delay the consideration of the case (request a delay, declare the need to attract witnesses, guardianship authorities to examine the living conditions of the parent with whom the son or daughter plans to live). Here you can expect a lengthy trial, six months or more.
• Appeal. You can appeal the court decision within a month. In this case, a new hearing is scheduled, during which they can either leave the previous one unchanged or make a new decision. It will take at least a month to prepare a new trial of the case.

How much does a divorce through court cost in 2020?

The financial side of a divorce, or rather the cost of state fees and additional legal and notary services, is undoubtedly important. You just need to know how much a divorce through the courts costs and be prepared to incur some financial expenses.

The total cost of a divorce through court consists of:

1. state fee for filing a claim for divorce . Pursuant to Section 333.19. Tax Code of the Russian Federation, in 2020 the state duty is 600 rubles;
2. state duty for filing a property claim. This amount is calculated using a special formula based on the value of the claim - the plaintiff’s claims collected from the defendant (for example, the value of a share of property or the amount of alimony);
3. notary services. Notarization of a written agreement between the spouses (for example, on the division of property or determining the place of residence of children), as well as the notary’s service for drawing up these documents, is subject to payment;
4. legal support of divorce proceedings. Drawing up a statement of claim in accordance with the law and the specifics of a specific situation, preparing a package of documents, filing a claim in court, participating in court hearings, preparing and submitting statements and petitions, appealing a court decision, etc. The cost of legal services depends on the level of qualifications of the lawyer, the volume and duration of his work, and prices for services. Among law firms, it is common to offer complex management of divorce cases with payment for a full range of services.

As you can see, there is no definite answer to the question of how much a divorce through the court costs. The cost of a divorce through the court can be either cheap or fabulous, depending on the circumstances of the case and the need for professional legal assistance.

What questions does a judge ask when divorcing spouses?

Behavior during a meeting is an important point for decision making. The plaintiff may doubt his ability to communicate calmly with his wife/husband, then it is better to entrust an experienced lawyer to represent his interests.

Remember: speech must be clear and calm; it is strictly forbidden to swear or interrupt the speaker with questions and remarks. Questions must be answered to the point.

To prepare for the court hearing in advance, read the most frequently asked questions:

• the motives that prompted the divorce;
• whether cohabitation and common household management continue;
• when the decision was made and how (jointly, independently);
• are your intentions firm?
• are there any points on which the parties came to agreement;
• what controversial issues are being discussed;
• who will the son/daughter stay with?
• how they will be provided for (clarification of information about the income of both parents and the amount of alimony);
• mode of meetings with the second parent (if one party objects, objective reasons for the prohibition or restrictions);
• the amount of material claims;
• the source of the values ​​to be divided;
• the degree of participation of both in their acquisition (amount of earnings, personal expenses).

This is by no means a complete list, but at most meetings they are asked first, and then they begin to clarify unclear points.

What to look for when choosing a lawyer

Today, legal services are provided by many lawyers and private firms specializing in divorce. To avoid making a mistake when choosing a specialist, pay attention to the following points:

1. Don't try to save money on a lawyer. The divorce process will require a lot of moral and material resources from you, but an experienced specialist will help you save both. A very low price for services may indicate low professionalism or that the specialist does not have a very good reputation.
2. Choose a family law specialist rather than a general practitioner. Such lawyers have a lot of experience in resolving family conflicts. In their work, they try to minimize psychological stress, especially in those processes in which children participate. In addition, they have an excellent knowledge of family law, the entire process of divorce, and in practice they have encountered the most difficult problems in this area. When dividing property, contact lawyers who deal directly with this side of the divorce process.
3. Read the reviews. Before concluding an agreement with the selected specialist, try to find people who have already used his services. These could be your friends or friends of friends. Look for reviews of his work on the Internet. In addition, each lawyer has his own portfolio, which contains documentary evidence of the processes he has won. Study it carefully, and only then sign the agreement.
4. Pay attention to the openness of the lawyer’s actions. Each divorce lawyer, having studied the material, builds his own order of further actions. He must share all his thoughts with you. Don't agree to work with a specialist who doesn't let you know what's going on.
5. Don't believe promises of 100% victory. No professional can predict the outcome of an action in advance. He can put forward his assumptions and possible results if certain conditions are met.

Also pay attention to the specialist’s stress resistance, his emotionality and communication skills.

Listen to yourself: if a lawyer has an excellent reference, extensive experience and many won cases, but you do not feel trust in him, it is better to refuse and look for another person with whom you can work.

Payment of funds for the maintenance of a disabled spouse

An application for the collection of alimony can be submitted not only for the provision of children, but also for the maintenance of other family members. These include, in particular, spouses/ex-spouses who are disabled or became disabled within one year from the date of divorce. In this case, the court may determine the collection of alimony in a fixed amount.

In addition to the above, there are other situations that also require financial support from an ex-wife or husband. This category primarily includes pregnant women or mothers whose children have not reached three years of age. In this situation, the court may order alimony to be paid not only for the child, but also for the mother.

The third case of the obligation to pay alimony to former spouses is the presence of disabled children together. In this case, it is necessary to transfer money to the ex-spouse until the child reaches the age of majority, for the provision of permanent care. If a child is disabled in the first degree, then alimony payments are made even after he turns eighteen years old.

How to save on the services of a lawyer for the division of property - 4 useful tips

Any solution to problems in court requires certain expenses. However, there are some ways to cut them down a bit.

Tip 1. Don’t hesitate to ask about the possibility of a free consultation.

Today, many companies provide the first consultation for free. Feel free to take advantage of this opportunity. If your question only requires clarification, feel free to contact such a company. You can even do this by phone or through the website.

Tip 2. Try to make a good impression on the lawyer during the consultation.

During the first conversation with a lawyer, behave as calmly as possible, try to make a good impression and show with all your appearance that your litigation is not that complicated. The lawyer will think that your question will not take up much of his time, and will set a reasonable price for his services.

Tip 3. Look for a performer among university graduates

Today, the number of law school graduates significantly exceeds the needs of the economy and society. For this reason, any of them tries to take a place in the sun, clinging to each client with their claws. Such competition drives prices for the services of inexperienced lawyers to a minimum.

If your case does not require good qualifications, you can get advice from a lawyer who has recently graduated from college for almost nothing. Some of them work as legal assistants for free. At the same time, the quality, for obvious reasons, will suffer greatly.

Tip 4. Pay for services in stages

The entire range of legal services related to the divorce process is divided into several stages. Some of them, for various reasons, may be missed during the proceedings. In this regard, I recommend agreeing with a lawyer on stage-by-stage payment for his work. This way you can save a lot on unrealized actions.

If you like Asian TV series, you can watch the drama “Divorce Lawyer in Love,” and if you want to know what property cannot be divided during a divorce, then watch the video.

List of documents for divorce

To begin a court hearing in a divorce case, you must prepare:

1. Original, 3-4 copies of marriage certificate.
2. Originals and copies of birth certificates of joint children.
3. Certificate of salary of both spouses. The document is needed for the court to resolve the issue of alimony payment.
4. Receipts confirming payment of state duty.
5. Statement of claim. If the divorce is carried out by consent of both parties, then it is not necessary to state the reason for the divorce in the claim.
6. Property documents.
7. Passport (copies of all pages).

If the defendant agrees to divorce through the court, then he must submit a notarized statement.

Property division

The division of property is one of the most unpleasant and painful topics during a divorce, since in this process all the negative character traits of people often appear. In addition, it is in this situation that all the grievances and stereotypical ideas about family life that both partners have become noticeable. When the division of the common property of the spouses begins, many people try to get a larger part, proving that their contribution to the acquisition of property is more significant.

The division of property is carried out only in relation to the property that was acquired during family life. All real estate and other property purchased before the registration of marriage relations with the registry office is indivisible and belongs to the spouse who entered into the purchase and sale transaction and other transactions. Personal property also includes all objects that were received as a result of gift or inheritance. The division of property between spouses does not apply to them.

Currently, division of real estate is one of the most common lawsuits in court. This is due to the high cost of real estate and the difficulty of purchasing other housing, making it very difficult for people to share a common apartment with their ex-spouse. The division of movable property is also often encountered at court hearings.

According to the legislation of the Russian Federation, all property acquired by spouses in a legal marriage is divided between them into equal shares, without taking into account how much one of the spouses worked and what level of income he had during this period. But there may be exceptions if, before registering family ties at the registry office, a marriage contract was signed between the spouses, which clearly distributes all property and the availability of benefits to the former spouses. In this case, the division of property will be carried out in accordance with this document.

Collection of alimony

Procedural features of consideration of cases for the collection of alimony include various details. First of all, it should be noted that the issue of living for children and paying them maintenance by the second parent is decided by the court automatically in the case of divorce proceedings and if the court determines that the parties have not reached an agreement. Alimony for minor children is a mandatory payment that cannot be canceled; in extreme cases, you can challenge the amount of the payment.

Currently, there are different types of these payments: the court may decide to collect alimony for the maintenance of parents, but this payment will not be accepted in divorce proceedings. Termination of family relations in court involves a decision that in the future alimony will be collected for minor children or for the spouse who has lost the ability to work (is disabled).

The procedure for paying and collecting alimony is determined by the court, and citizens must obey its decisions or appeal them to higher authorities. If the ex-spouse does not want to pay, then you can write a statement of claim for the collection of arrears of alimony, as a result of which this case will be handled by bailiffs who, with the help of arrests and the sale of various objects owned by the debtor, will be able to cover the claim.

Where to find a divorce lawyer

Most private lawyers and law firms have their own websites. Many of them provide free online consultation on family issues.

Choose several legal services and carefully study the prices for services.

Then ask a series of questions about your case.

Compare the answers, your feelings and observations and choose the law firm that suits you best.

Friends may also recommend you a divorce lawyer; in this case, pay attention to the lawyer’s experience and reputation.