If there are grounds provided for 21 articles of the Family Code, the cessation of marriage is carried out through the judicial authorities. The decision of the divorce is the final document of the marriage.

After this judicial act enters into legal force, marriage / marriage according to Russian legislation is officially declared. Former spouses remain only to come with a discharge from the decision to the registry office and receive a certificate of divorce in a notification order.

The main provisions of the judgment on the dissolution of marriage

The court decision is a document confirming the implementation of justice on a specific case, started with the transfer of a claim to the Office. This Court's act has the properties specified in the table below.

Characteristics of judicial verdict	Comment
Enforcement	This property means that the court translates the abstract legal norms into material relations. In other words, the courts are a tool that revives the right and allowing him to start acting in the real world.
Applies only to one concrete case.	The decision cannot regulate the entire permissible set of homogeneous legal situations, but permits only 1 case.
Compelling	After the judicial verdict enters into force, it becomes mandatory for all subjects of the right to fulfill it unquestioning.
Enerfuty	Upon expiration of the time intervals established by law, to appeal, to change the decision on a terminated marriage becomes impossible.

The judicial decree, a terminating marriage, an interested citizen of Russia can receive in 2 versions:

• only in writing;
• in electronic format. A sample document is sent over the Internet or is written to the file drive, for example, a USB flash drive. In addition, an additional instance printed on paper is required.

Note! If a Russian citizen is in the marriage union with foreign and intends to divorce him in Russia, then their divorce will not differ from the completion of the marriage between the two citizens of Russia.

The court decision in its structure consists of 4 parts. Detailed information about them is specified in the table.

Parts of the decision	Content
Enterprise	the name of the judicial instance; FIO of judges or judges, if the case was dealt collectively; FIO of the Secretary of the meeting; data on the sides of the process (respondent, the plaintiff) and third parties participating in the broken-produced process; information about representatives; the place of the announcement of the decision and the day when this action occurred; claims, for example, terminate the marriage, collecting alimony if the married couple has a juvenile child or divide property acquired during marriage.
Descriptive	the list of claims declared by the plaintiff; the list of objections received from the defendant; other explanations from third parties participating in the proceedings.
Motivigative	Here, the court explains the reasons that prompted him to take a certain decision, namely: evidence certifying the position of the judicial authority; a list of circumstances established on the basis of evidence; arguments that explain the refusal of some evidence provided by the parties; legislative acts referred to the judge. If the defendant fully agrees with claim claims, then the motivative partition is written in abbreviated form. It is indicated only that the statement of the plaintiff is unconditionally recognized by the defendant, and the court agrees with it.
Resolute	This block solution indicates: whether the requirements or partially adopted; whether it was denied the satisfaction of claims; under what conditions were distributed costs for judicial services between the parties to the process; how can you appeal the judicial act in case of disagreement with it in order to cancel or change the decision.

A visual illustration of this court decision made on a marriage can serve this example. As a rule, in order to familiarize himself with the decision on a marriage cause, spouses do not need to personally go to court. This can be done online on the judicial website.

The term of appealing the decision by the disagreement

To obtain a certificate of termination of a marriage by a court decision, first of all, it is necessary to wait for verdict given by legitimate force. But according to the conditions prescribed in the law, the decision cannot be applied immediately, with the exception of certain cases, for example, the claims of an alimony benefit.

Thanks to this circumstance, the loser party can avoid the deterioration of its position arising from the error of the judge or the lack of important evidence. Terms during which it is allowed to direct complaints, differ depending on the type of court that made the solution.

In the event of a correspondence resolution of the dispute appointed in connection with the absence of the defendant, or in connection with the claimant's request to make a decision without his personal presence at the meeting, the law establishes other rules for appeal. First of all, the defendant has the right to send to the court or bring a person personally with a request to cancel the previously adopted judicial act. This action is permissible for 1 week, which has passed since the receipt of a copy of the decision.

Important! The absentee dispute solution is possible only if the defendant's notice was carried out properly: he was provided with information about the place and time of the court session, that is, the agenda was sent.

If the court does not agree with the arguments set out in the application, the defendant can take advantage of the right to appeal. This right arises from the end of the period of time allocated to cancel the judicial act (that is, 1 weeks), and continues exactly 1 month.

In the event of a loss of appeal, the law allows for the appeal of the timeline solution in the order of cassation. The complaint can be submitted within 6 months from the day when a meeting was held at the Court of Appeal with the final definition regarding the wicked process.

For an appeal or cassation, the interested party must list the state duty, the value of which is 150 rubles.

Extract from the court decision on divorce

Employees of the registry office on divorce will not need all the decision entirely to execute the certificate of marriage and making a registration record in a special book. For the convenience of their work, the legislator provided the manufacture of discharge.

Place of issuance of document

It can only be discharged in the judicial instance that has been proceeding with the end of the end of the marriage bond. The fact is that in other courts there is no information about the sought lawyer process, so they cannot provide the applicant such a service.

An extract may be framed in the Office of the Court or in the archive, if the decision on the scroll-produced case has already been transferred to execution.

Basic data

Execution includes information such as:

1. The name of the trial, the name and initials of the judge engaged in the resolution of a married dispute.
2. The number of business and the day of the last court session.
3. The wording from the operative part, where the judge decides to terminate the marriage / marriage and indicates the registration number from the book of the registry office.
4. Day when the act received legal force.
5. Printing the judicial body with the coat of arms and the autograph of the judge, acting as a certificate of reality of the document, since it is drawn up on ordinary paper that is not protected from counterfeiting.

The discharge form is as follows.

Validity and cost of receipt

It acts indefinitely. At any moment, the former spouse can receive an extract and go to the registry office to obtain a certificate of divorce by a court decision, as well as for the stamp's stamp section in the section "Marital status" of the passport about the termination of the marriage.

As for payment, the initial manufacture of this document will not require money. However, with a loss or damage to the statement, its re-seal will cost the applicant in 40 rubles.

Helpful information! Not only former marriage participants can come to the judicial office, but their representatives, subject to the presentation of a notarized judicial power of attorney.

Possibility of receiving by mail

The court can forward an extract using postal service, but this procedure has 2 nuances:

1. If the spouse (a) was present in the courtroom in the proceedings of the case, then after the announcement of the decision he (it) must apply to the judge and ask to send a copy of the statement through the mail;

2. If the spouse did not come to the process, the extract will be sent to it automatically within 1 work week after writing a solution in the finished form.

No legal differences between the document received personally and the document sent by mail does not exist. Therefore, it is possible to freely use an extract obtained by any legitimate method for its own purposes.

Arbitrage practice

The case was considered by the Dmitrov City Court of the Moscow Region in July 2017.

Spouse asked the court to recognize the following requirements:

1. Complete matrimonial relationship with his wife.
2. To divide the total property acquired in the marriage alliance in the following proportion:
3. Divide the house and land of 50% each.
4. Transfer the driver to the respondent and appoint the amount of compensation for it in favor of the second part of 125,000 rubles.
5. To transfer another car to the plaintiff and appoint the amount of compensation for it in favor of the second party in 325,000 rubles.

During the meeting, the husband did not refuse his claims and asked to recognize them in full. In turn, the wife recognized the lawsuit and did not file any objections against him.

Carefully listen to the parties and having studied the evidence, the judge formulated the conclusions:

1. The marriage actually collapsed, the husband does not want to take time to reconciliation, and the wife agrees with him. Therefore, the court sees the point of continuing the family relationships of spouses and has no reason to refuse divorce.
2. Since the marriage agreement is either another document that reliably confirming the position of each spouse in relation to joint property, the court did not find, then according to the law he divides the house and the land equally.
3. Since the wife agrees with legitimate claims of a husband in relation to cars, the court agrees with the section of cars in those conditions that the plaintiff proposed.

Regulatory framework

When considering cases of termination of marriages, the courts are guided by legislation, in particular, by several articles of civil, family, as well as the Tax Code. With them and their short content You can find the following table.

Family code - Circumstances obliging spouses to divorce in court, and not in the state agencies registry office. Tax Code (Part 2) - duties for providing judicial services.

Divorce is an event that must be documented by the relevant authorities. In some cases, such an organization serves as a court, which makes a decision to dissolve. This document, or rather, an extract from it is the basis for obtaining a divorce certificate.

Inner confusion, insult, pain of unfulfilled expectations, confusion - the woman is experiencing, whose family collapses. Divorce or try to keep a family? To whom to go for advice: to girlfriends, psychologist, mom?.

It would be good to have a sort of home expert on all issues of psychological compatibility, which would give out ready-made recipes and uttered verdicts. To live with this man or not to live? Divorce or still wait? To endure or explode How missing some of us such assistants!

Often we turn to the Internet for the advice. Pour the soul to an unfamiliar audience sometimes seems to be the only way out. And by the way, oddly enough we only listen to those advice who themselves would like to hear. As if we coordinate the loyalty of their own, which have long been affected in the subconscious conclusions about the current life.

On one of the online forums, I found a cry for help: the husband does not hide the bet, the woman is trying to make a decision: to continue to fight for the family?

Tips from the side: listen or not?

"Divorce and do not think, walks, it means that it does not like even worse."

"Do you need it? Well, you encourage you, prove yourself (or to whom?) That you are cool and strong, "you do not allow yourself to manipulate", and then what? "

"Now the main thing in your situation is to take yourself in hand and do not focus on your experiences. Try to pay more attention to children. In my opinion, it was necessary to first start cooking "solid soil", and then apply for divorce. Think about your income (at that moment, probably, the least thinking about it). "

"Called life does not end, but only begins, you are waiting for new meetings and new love".

"And I would take the nanny to your place and walked to the left and right"

"Better try to live for yourself in marriage with him, do it, your loved one."

Would this advice be suitable for this woman most? I do not take to judge. In any case, it will take advantage of only those who comfort it most. Not the fact that it will be the most successful point of view. But the responsibility for the decision will bear not the counselor. This is the most important thing that you need to understand for yourself.

Readiness to make a decision independently and carry responsibility for him - here main way Avoid mistakes. When a person is ready for responsibility for himself and even for his children, then any decision will be perceived by him not as a fatal mistake or the only panacea from all the troubles, but simply as a continuation of life, one of its options.

Many of our suffering and mental experiences arise from the desire to stop time, not to let changes in their lives. It seems to us that the usual and stable existence - protection against life storms. But stormies are just another of the sides of the ever-changing life, they need to just take. And something to do with it!

Sometimes it seems to me that divorce Perceived by people as the last tool for correcting the situation in which they fell into the will of fate. Probably, it should be. Because it is still not a simple selection of dresses, and the consequences of "wrong" solutions can be much more tragic: sometimes the divorces break not only families, but entire destinies.

But on the other side, "Incorrect" solutions do not exist, as no "correct" and "incorrect marriages". Any choice leads you to a new point of being, with which you also need to do something, and even if you do not "do anything" at the same time. " Only here is the question - in which direction.

To understand what decision you decide is, it is worth thinking about the two main issues:

1. Why am I doing this? (What does not suit me that it is bad that I want to change?)

2. Why am I doing this? (What is my ultimate goal, what do I want to achieve in the end?)

Psychologists I advise you to identify the true motives of our desires like this: Write 5 goals on a piece of paper: Why do you do it, for what? The subconscious is designed so that clause number 4 will tell about your true goal.

Specialist comment:

Ekaterina Gorshkova, psychologist

Ekaterina Gorshkova, psychologist:

"If you have a question to divorce or not, it is still better to ask for help to a psychologist. Parents and girlfriends can give advice only in terms of their experience that is not always positive.

The psychologist will help to understand himself and its motives, will give an objective picture of the situation that happens in your family. Also with help psychological technician He will be able to help you establish a relationship, or easier to survive the divorce. If you still divorced, with the help of a psychologist, you can avoid in the new relations of the errors that led to the divorce.

How to make the right decision?

There is so good techniquewhich helps to figure out complex and confusing situations when the heart says one thing, and the mind is different. Called machinery "Cartesian questions" , here they are:

- What happens if you do it?

- What will not happen if you do it? This question allows you to identify "secondary benefits." It helps to understand the advantages of the current situation and the corresponding of your actions, are the advantages that you risk losing, reaching a new result.

• What does not happen if you don't do it? This question puts the left hemisphere of our brain that is responsible for logic. An attempt to respond to it means trying to bypass conscious thinking and make the brain intensify other neural channels, in a new way, thinking already known.

Such a question may help you realize the values \u200b\u200band internal forces that you have never thought before. Therefore, try to answer this question rather intuitive than logically.

- What happens if you don't do it? This question will emphasize the price that will need to pay for the continuation of the previous state. On the contrary, a decisive desire to go ahead can be for you exactly the encouragement that is necessary for making changes.

The most important thing in a similar situation to turn to your life values. How much is a relationship with your husband satisfy your personal needs?

Very often, when making a decision on divorce, the key becomes material. Many stand in front of a dilemma: a comfortable life in terms of material or emotional and spiritual comfort?

And here there are two options - a woman either becomes independent and responsible for his life (if she depended from her husband), including materially, and prefers to build attitudes on love and sincerity, because it has the necessary independence for this.

Either a woman chooses material well-being, comfort, but forces himself to adapt, tolerate, and also deprives himself a huge reservoir of emotional life.

Divorce: For and against

Divorce or reconciliation

When you try to answer these questions with all the scrupulsity, it may be that in order to eliminate your interfering family life Factors and achieve intended goals, it is not necessary to resort to this radical means. Because most of the positive factors to which you are so strive, are already present in your life, you just need to see them.

While you didn't start it, you have a chance to start everything first, radically changing not a person living next to you, to the point of view on the existing situation. Do not deprive yourself chances to change life with your husband! With the new, if he suddenly appears, you will have to start everything from the beginning. And it is not a fact that the new version will be more successful.

It is no secret that the "new" may not be found, especially if the requirements are too high - now on each free man there are 3-4 unmarried women. But if we take into account that many men are burdened with harmful habits, complex character and criminal inclinations, then finding the ideal will be three times more difficult. Be ready for this, if you still endure the shortness of you.

Anna Olegovna

Hello. Help take the right decision. I thought I decided that I would divorce. Not yet reached the application. There were no doubt and still did not give. We already live separately for a year, do not support contact, he also does not communicate with the child, in general. He has a different life, other relationships, but it does not submit to a divorce.

And I don't want to live like that. Help disassemble, thanks.

Anna Olegovna

There was a million questions. And I will not regret later, I will not scold myself that the child is deprived of the family. And what if he stops the money to give a child.

There was a million questions. And I will not regret later, I will not scold myself that the child is deprived of the family. And what if he stops the money to give a child.

These are two questions, not a million)
The answers on them are as follows:
1. Yes, may well regret. But not because of the child, for you do not deprive it - if, of course, they do not intend to interfere with his father's communication. And because of yourself.
2. If he stops giving money, you will decide on the establishment of alimony - business.

Anna Olegovna

Thanks for a sharp answer. No, I do not obstruct communication with the child, he himself does not want to communicate with him. He does not even call and does not ask him how he has. I wanted to file the court. To oblige him to communicate with the child, but the court does not endure such a decision.

Anna Olegovna

Can you explain why because of myself I will regret the divorce?

Everyone has doubts about to make such a decision in life. Or there are people who decide clearly and do not regret it anymore.

Can you explain why because of myself I will regret the divorce?

I'll try. On an abstract example.
You probably had to watch football on TV - Let it be glimpse. So, the basic requirement for the football judge is as follows: "If you committed a mistake - in no case try to fix it with another mistake!"
That is, if I mistakenly prescribed a penalty in some gate, "in no case" apologize ", appointing the same" left "penalty to others. I was wrong - forget, judged on and carefully.
What does this mean in relation to the family?
Suppose your marriage was a mistake. Now, at the moment, you perceive it so.
What are you doing? You go to divorce. Why, why? How exactly does the divorce fix that mistake you consider your marriage? Will he be just a second mistake you are trying to "correct" the first?
This is a standard stereotypical reaction:
"Live in marriage badly, what to do?
- What ... Divorce! "
And then?
Then married again.
And then?
Well, once again scholat ... "
Etc.

That is why the husband does not submit to a divorce - even if the marriage was a mistake, he does not want to hurry and exacerbate the situation with another mistake. He is watching football)

And you do not want to divorce - you do not want to live as much as you wrote in the first post.
And I mistakenly think that the divorce and will become the solution that will change your life. And this is not the case. The key to changing your life is completely different.

Anna Olegovna

The key is to start all first? To make conclusions and live further as I want. But it is also difficult, it is very difficult. I tried to talk to him, I asked to start everything at first, I asked to go home many times, he did not want. I suggested to move with my son to him. He clearly explained that he was not needed, and he would not live with me. After that, I almost "catching my leg" with mistresses. It is already hard to forgive. We have a special kid, a porch of a heavy form, all my time goes to the son, and he never participated. His all the time was not at home. I think, maybe he is just a coward, and escaped from problems and lives now in his pleasure. And I still do only my son. He did not call a few months and did not see a child either me. Familiar says he has any other relationship.

Divorce is at least stress. Most women do not want to divorce her husband even if the married life became unbearable. Most people thought about divorce at least once during a marriage. For some, it is a constant threat, for others - the only hope. If you avoid thoughts about divorce or think about him every day, this article will help to figure it out.

Speaking of divorce, people are afraid of the following:

• Responsibility for children is completely shifted on the shoulders of the mother. Not wanting to feel guilty for taking away from the kids of his father, a woman tolerates the presence of a spouse to the last.
• Close, not knowing true circumstances in the family, often take the side of her husband. Thus, the woman remains without the support of loved ones, which leads to doubts and erroneous conclusions about their act.
• Material support is one of the main interference to the separation. Especially when the spouse fully contains a husband. In this case, the stress is double. Although for those who are tired of indecisive and boring existence on the contrary - job search becomes an opportunity to self-realize.
• Loneliness and fear that causes psychological discomfort. Lady need to accept the thought that now she has new status - "single woman". For many it is very unpleasant.

Naturally, there are and purely individual reasons for which the young lady prefers a bad marriage calm loneliness. But there are cases when it is simply necessary to part. Otherwise living together Threatens the physical and psychological health of an excellent person.

Good reasons

The first step in the process of divorce is probably the most difficult step that you will do: making a decision in general. How to understand what you need to divorce your husband?

Alco-, drug addiction spouse

These are the most common grounds, because dependent individuals become asocial, degraded and lose all the ability to execute family functions. We certainly need to think about the offspring - what do you deal with them, forcing them to see the father in an inadequate condition almost every day?

Physical violence

Beats - So loves? Do not make me laugh. There is no such thing in the world good reasonThrough which the husband could raise his hand on his chief. The sooner the gap happens, the better for your health and life.

Moral pressure, despotism

It is not known that worse - physical violence or daily moral teting. If the satellite constantly insults, humiliates, ignores, then over time, the Pasia will turn into one solid lump of disease. Mocking, the partner destroys the self-esteem of the second half, cultivates the complexes of inferiority, which leads to psychosomatic failures. Choo (if any), seeing like his father treats his mother, cares for himself its complexes and problems with relations in the future.

Permanent treason

Do I need to close your eyes on treason? If Ajulter happened once, and if the satellite sincerely rolls - it is necessary. And if the treason occurs in the open and accompanied by a complete ignore in relation to the legitimate companion - why to endure?

Laziness and reluctance to provide a family

Yes, no work may be every period of his life. You can understand it. But how to understand a person who does not want to go working and is completely calmly lives on the finance of the companions? Doesn't it make for a divorce?

ATTENTION: These tips must be taken into account by those beams that do not encounter weighty reasons for the break listed above.

How to make a decision on divorce? Psychologists have one wonderful technique that is intended specifically to dismiss intricate situations. Especially in cases where the feelings say one thing, and the mind is different.

The technique is called "Cartesian Questions", which sound like this:

1. What happens if you do? (Answer simply).
2. What does not happen if you do? This question is designed to identify "secondary benefits". That is, with the help of a response, you can determine the advantages of today's situation and the advantages that there is a risk to lose when a new result is achieved.
3. What will not happen if not to do? Here, the left hemisphere of the brain flows into a stupor. But if you try to search the answer, then a person can avoid familiar conscious thinking and use other brain neural channels. Simply put, you think about the famous situation in a new way. This process helps in the awareness of the values \u200b\u200band internal forces that were previously unknown. Therefore, I want to wish to look for an answer by intuition, but not logic.
4. What happens if not to do? It emphasizes the price that you pay, if you continue to live is still. Or you realize that parting will be a step forward for you, the motivation that will change life for the better.

Selection options

Important: beforehow to decide on a divorce with my husband, a woman needs to look inside his soul, turn to your values,ask yourself how much the current situation satisfies your depth needs.

Often, thinking about whether it is worth divoring, the lady puts in the first place financial situation. Many women have an unresolved dilemma - material or soulful comfort.

Output here are only two. The first is a wonderful person takes responsibility for his life, becomes independent and financially independent. That is, she preferred love and sincerity to money.

The second one chooses money and comfort, but is forced to adapt and endure, depriving himself a complete emotional residence. Do I need to suffer so if the life is alone and it is better not to observe, but to live?

Expectations and reality

After a scrupulous approach to previous issues and answers, you can surprise that to eliminate interfering factors with your marital life, as well as to achieve my goals really do without breaking. Because the main part of the positive factors to which the person is as directed is already present in life, he just does not see them.

While you have not yet decided to divorce my husband, there is a chance to a new start. Only for the start there is no need to radically change the partner. Change only the point of view. If you have reached such awareness, we grab about the chance and change yourself while you are still next to the former companion. Because with the new you will be forced to start everything from scratch. And warranty that the new version will be better not.

Consider the fact that another person may not have. Especially when the requirements of a woman are overestimated, and among representatives of strong sex, very little ideal. Psychologists advise to become a philosopher - decompose on the shelves waiting and possibilities. Also believe in yourself, that would not expect you to the finish line.

So what does the lady expect, when is it ready to decide on the divorce with the spouse? Of course, subconsciously she is waiting for only one - a happy finale:

• The partner is afraid to be corrected, rethink, weighing and quickly starts to do what they are waiting for him.
• The lady will get rid of an annoying partner.
• Fate will immediately reduce with a new passion.

But back to reality and we look, how many people may disappoint further events:

• The partner does not show any reaction and comes the same "Merzko".
• The partner reacts, but by committing inadequate actions. They absolutely do not fit into the plan we have developed, but loneliness and other "benefits" that appear in connection with parting are even more annoying than previous problems. So, the lady falls into the doubt zone and begins to want to return the time to reverse - so that only it was not at all.
• Fate turned out to be cruel and did not give a chance to a bright future or a chance was obtained, but was spoiled by the same scenario.

So, sometimes a person remains with empty hands and a lonely soul. And complete despair comes when he realizes that the expectations were naive and stupid.

If reflections did not lead to a final result, then think about what. And in the young, and in old age, the married couple binds one very important thing - spiritual relationship. A huge role plays proper communication, trust and proximity not only in bed, but also in spirit. If, thinking about divorcing or not, you did not find anything like this in your relationship, then it makes no sense to live together. A couple will comprehend longing and loneliness with each other.

Signs that the gap is close

The inevitable approximation of the pair break feels intuitive. Sometimes it is determined by some signs that are a warning. There are many cases when someone from the pair premeditated the impaired storm, but did not have enough reason to explain what was happening.

The first signal is a limited communication between people. The partner suddenly becomes closed, immersed in his personal experiences and does not want to share with the second half. Of course, such a behavior is inherent in a man and in case of problems at work or with health (male diseases, for example). Therefore, the situation here is still clarification, and the closure does not mean that it is worth divorcing.

But if the storm is coming and in fact, the development scenario is more or less clear. After immersing himself, the husband becomes more "cold" with his passion:

• Claims physical proximity.
• With the manifestation of any signs of attention from the wife, the spouse is indignant, annoyed and even behaves aggressively.
• Tries independently (without asking your opinion) to solve everyday important issues.
• Attempts to ask where the husband was located, as the day was held and, why was late for dinner, a reaction should be - "My personal affairs do not concern you."

This stage is already launched significantly. Return the relationship in the past course, of course, really, but it will be very difficult. After all, the spouses behave like almost other people.

But what should I do if you want to save a relationship? In this situation, go to a psychologist. Although it happens - when one partner cools, the other is in the same way. And so it turns out in itself. But here, too, there is a plus - the decision to part will be deliberate, suspended and mutual.

When is the divorce is carried out through the court? These cases are indicated in Article 21 of the Family Code of the Russian Federation:

• there are minors children (general, relatives or adopted);
• husband or wife refuse to break marriage;
• one of the spouses refuses to apply or is not in the registry office.

How is the divorce through the court

Who has the right to judicial divorce

1. Any of spouses.
2. The guardian of the spouse, if the court recognized the spouse is incapable.
3. Prosecutor. He can file a lawsuit when it is required on the basis of the interests of an incompetent or a sadly missing person.

According to the law "On the Prosecutor's Office of the Russian Federation", the prosecutor can act as the plaintiff in a civil case, since protects the rights of people.

The husband cannot file a lawsuit without the consent of his wife, if she is pregnant or after childbirth did not pass a year, even if the child was born dead or died until the year (Article 17 SC).

Such exceptions are made to preserve the health and nerves of the mother and the child, since judicials negatively affect their well-being.

To which judge to contact

The judges are world and federal. Each category is competent to lead the process only under certain conditions. The difference between categories - in form and status. With federal judges, more severe professional demand, these servants of the femids are considered more competent in affairs.

If both spouses agree to divorce, they have no disputes about children, you need to go to the magistrate. If the spouses argue about children or about the property, then with a lawsuit, they need to go to the rice, the federal judges are dealing there (Article 23-24 of the Code of Civil Procedure of the Russian Federation).

Motives divorce in court

Divorce is considered possible when the court will definitely establish: the family broke up, the further joint life of the spouses is not possible (st.22 SC).

In the Family Code, marriage termination motives are not fixed.

Most often among the reasons are called: the infidelity of spouses, gambling, alcoholism, drug addiction, sexual dissatisfaction, the incomprehensibility of life interests, disagreements on financial issues, non-compliance with the conditions of the marriage contract.

Spouse / spouse against divorce

If a the couple agree Divide through the court, the court ruins such a marriage, without finding out the causes of the divorce (these are stated by Article 23 of the SC).

If plaintiff does not report the court Razming a marriage relationship, the court may stop the lawsuit for a while. But do not refuse, but only offer reconciliation, and give it for three months (st.22 SC). If the spouses settled the conflict, the proceedings are stopped. At the same time, any of the spouses can re-play a lawsuit, then the court returns to the consideration of the case and makes a decision.

If a someone from the pair againstThe plaintiff must describe in detail the reasons that forced him to go on a divorce, tell me why marriage broke up, what exactly prevents it from restoring it. The court, having studied the materials, decides whether the joint life of this couple is possible in the future.

The proofs of such a case can be perfect offenses of the parties (ill-treatment, violence, insults):

• witnesses (the plaintiff must apply for witnesses);
• written evidence (certificates from the injury on the beatings, the police record) - they are attached to the case.

Divorce in any case will end with a positive decision. The difference will be only in terms. If there are the consent of both parties, the divorce will be obtained on the first hearing, if there is no consent - several meetings will be held.

How to divide children and property

Such issues are considered in parallel with the broken-water process. During the process, one or both parties may require a court and (or) to designate, with whom the child should remain later, how and who will be paid to alimony.

If there are consent or spouses on such issues, they want to solve these issues later, they can write in a lawsuit that they have no disputes or describe in detail the court of the achieved agreement.

More about the features of divorce with children can be read in.

Reconciliation and refusal to terminate marriage

The defendant has the right to apply for a deposit on time to enable her husband and wife to save a family. The court goes towards meets and usually gives a deadline for resolving the conflict (up to three months).

When the judge himself decides to resort to this procedure (the plaintiff, for example, is not very confident on the hearings), then it is possible to reduce this period only if the plaintiff and the defendant will turn to the court with this request.

Naturally, the conciliation delayed the case. Even if the plaintiff considers such a procedure too much, there is a positive moment for him: to challenge the decision on the case in the court of the highest instance will be more difficult.

The plaintiff has the right to refuse to terminate marriage. It acts while the court has not retired to the accommodation room. The case ends with a global agreement in which the property can be included.

The refusal of the claim does not mean that the marriage will not be dissolved subsequently. If the spouses ruffles a relationship, you can sue again. The divorce case is terminated (and marriage, respectively, persists), if after the expiration that the judge allocated for reconciliation, the plaintiff did not come to the meeting.

Dates of registration of divorce

On average, the divorce process will require two to four court meetings (if some side against termination). If the parties agree, the decision is usually taken at the first meeting.

The minimum period of divorce is a month and 11 days. If the solution entered into force the previous time, it will be illegal.

The average period of registration when spouses agree to divorce - a month and a half and 1.5-3 months if someone disagrees, sometimes more than 3 months.

Circumstances that affect the deadline:

• the norms of family legislation (divorce is carried out not earlier than a month from submission of a claim);
• the norms of the Code of Civil Procedure of the Russian Federation (provide a term for appealing a court decision before entry into force);
• court's load and the degree of mail is notified by the parties;
• complaints on the illegality of judicial actions (may increase the period for another 2 months);
• correction of errors and locations (increase the period of registration for 1-3 weeks);
• inaction of any side.

Price divorce through court

In the Tax Code of the Russian Federation (Article 333.19, paragraph 5) stipulated. At the beginning of 2018, it is 650 rubles.

This amount is paid both spouse if:

• there is their consent to the gap of marriage, there are no children (minors), no property disputes;
• divorce is carried out in court.