Divorce in Russia in 2021

Types of divorce

There are two ways to dissolve a marriage under current family law:

• through the registry office
• through the court

For each method of divorce, a list of circumstances has been established in the presence of which it is possible to dissolve the marriage in this order.

Divorce through the registry office

Divorce through the registry office occurs in the following cases:

• both spouses agree to terminate the marriage relationship;
• The spouses have no minor children from their common marriage.

This divorce procedure involves joint submission of an application to the registry office and absolute unanimity in making a decision on divorce.

The listed conditions can be ignored only in exceptional cases, such as:

• sentencing of the second spouse to a prison term of 3 or more years;
• declaration of a spouse as missing;
• recognition of the spouse as incompetent.

In these cases, the presence or absence of children, as well as the consent of the second spouse, will not have any significance.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

In addition, in any case, you will have to come to the registry office even after a judicial divorce: with a court decision to make appropriate changes to civil status acts and obtain a divorce certificate. But in this case, the registry office acts only as an executor of the decision that has already been made.

Spouses can apply to the registry office at their place of residence or at the place of marriage.

Divorce through court

The judicial procedure for divorce is regulated by Art. 21-22 of the RF IC and obliges spouses to divorce exclusively through the courts in the following situations:

1. The presence of minor children from a common marriage, even with mutual consent of the husband and wife to divorce.
2. Disagreement of the husband or wife with the divorce, as well as avoidance of filing an application by one of the spouses.

Divorce cases fall within the competence of magistrates, but can also be considered by district and city courts in a number of cases.

To accurately determine which court you will go to, you need to know where and in what cases the claim is filed.

To the world court:

• if there are children, but there are no disputes about their place of residence after the end of the relationship;
• in the absence of property disputes that are resolved along with the divorce.

Important! Filing demands for alimony along with a claim for divorce does not change the jurisdiction of the case, unless the defendant files a counterclaim to challenge paternity. When the paternity issue is resolved, the magistrate judge will forward the case to the district court.

District (city) court:

• if there are disagreements about the place of residence of children under 18 years of age;
• when combining claims for divorce and division of property, but only in cases where the cost of the claim is at least 50 thousand rubles for the share of each spouse;
• when challenging a marriage contract simultaneously with a claim for divorce.

Correct determination of jurisdiction is the first step in preparing to submit documents. Otherwise, the claim will be returned along with its documents.

An application for divorce in court is filed at the place of residence of the defendant. But if minor children live with the plaintiff or his health condition makes it difficult to travel to another city, then the plaintiff can choose the jurisdiction himself (at the place of his registration or at the place of residence of the defendant).

The place of residence is considered exclusively the place of official registration, and not the address of residence without registration.

Where to file for divorce

Not all married couples manage to maintain normal relationships during marriage. Spouses get divorced for various reasons - they do not get along in character, financial difficulties, domestic problems, infidelity of the husband or wife. Divorce is a complex procedure not only psychologically, but also legally. And if the couple has a minor child or jointly acquired property, the situation becomes more complicated.

Many married couples who have decided to separate do not even know where to start the divorce process, what documents to collect, where to apply. There are several ways to dissolve a marriage, which depend on the life circumstances of the couple. Only after the application for divorce has been drawn up in a legally correct manner and all the necessary information is indicated in it, will the authorized body issue you a certificate of divorce.

From our article you will learn where to file a claim for various types of family relationships, what documents you need to provide, and what difficulties may arise.

Features of divorce you need to know

Knowing some of the intricacies of the divorce process will help spouses get a divorce quickly, saving time, money and nerves.

Very often, divorce cases become overgrown with a mass of myths and misconceptions caused by the legal illiteracy of the parties, which significantly complicates their lives and delays the divorce procedure.

So, what you should know before starting a divorce:

1. The fastest way to divorce is through the registry office or the magistrate's court. But the divorce period cannot be less than 1 month in either case. There is no point in applying for an acceleration of the divorce procedure. If there are no children, then it is best to try to negotiate with your spouse on the voluntary termination of the marriage at the registry office.
2. If a husband living in another city cannot come for a divorce
3. The failure of one of the spouses to appear in court does not prevent the divorce, but only delays it. If a husband or wife wants to save the marriage, then the best decision would be to appear in court and insist on a reconciliation period. If you fail to appear, the court will still break the marriage bond, but a little later.
4. Avoiding appearing at the registry office also does not prevent divorce, but only complicates it and delays time. The spouse interested in the divorce will still divorce by going to court.
5. The law allows claims for division of property and alimony to be combined with a claim for divorce, but at the same time this increases the duration of the divorce process. If you need to urgently end the marriage, do not complicate the matter with additional demands, submit them separately.
6. The date of divorce in a court proceeding will be the date the decree becomes final. Neither the date of registration of the divorce in the registry office nor the date of the decision. You should not think that by not appearing at the registry office with a court decision, you are delaying the termination of the marriage - you are already divorced at the moment when the judicial act acquired legal force. The effective date is 30 days from the date the judge makes the verdict.
7. If one of the spouses wants a divorce, the court does not have the right to refuse the divorce. Even if the second spouse objects. Even if the second spouse does not appear in court. There are no grounds for the court to refuse a divorce, except for the mutual request of the spouses who decided to maintain the relationship.

What can be resolved during a divorce?

The legislation does not prohibit, but directly allows (Article 24 of the RF IC) to resolve a number of related issues simultaneously with a divorce, such as:

• collection of alimony both for children and for a pregnant or maternity wife;
• division of property, including recognition as joint property or withdrawal of individual property objects from such property;
• determining the place of residence of children with mutual consent of the parents or if there are disagreements about the future place of residence of the children.

Combining several claims in one claim inevitably entails an increase in the period for consideration of a divorce case due to:

• changing the jurisdiction from the magistrate's court to the district court and increasing the consideration period by 1 month;
• the need to additionally require evidence, conduct examinations and involve third parties.

In each case, it is necessary to establish the circumstances that will influence the decision. For example, there is no point in going to court on the division of property along with a divorce if a divorce is needed quickly - cases on the division of property can drag on for several months, while the magistrate will divorce a husband and wife in 1 month + 30 days for the decision to come into force.

Nothing and no one prevents spouses from first getting a divorce and then resolving issues of collecting alimony or dividing property. What and how to do is up to you, but you should definitely take the advice of a lawyer into account!

What do you need to divorce your wife?

The specifics of divorce from a wife are relevant for those men who have been married for a long time and have acquired children and property together.

It is the issue of living with children, alimony and the division of joint property that most worries men, who regularly try by hook or by crook to reduce the amount of property transferred to their wife and minimize the amount of alimony.

So, why is divorce most often burdensome for men?

• it is necessary to resolve the issue of financial support for children and either provide for common children voluntarily, or pay alimony in court;
• the issue of division of property needs to be resolved;
• you need to give consent or justify your objections at the child’s place of residence;
• you need to make sure whether the wife is pregnant and you cannot file for divorce without her consent in this case, as well as if the joint child is less than 1 year old.

What to do

The first step is to consider options for the peaceful resolution of all possible disputes, thereby significantly simplifying the procedure for ending a marriage and quickly divorcing your wife.

If there are no children:

• arrange with your wife a joint visit to the registry office to submit an application;
• resolve the dispute over the division of property by proposing a mutually beneficial option.

Remember that any legal dispute will not only lead to additional costs in time and nerves, but will also cost a lot of expenses for lawyers, fees, examinations and other actions that are burdensome to the wallet.

If you resolve the issues listed above, you can divorce your wife through the registry office within 1 month.

If you have children:

• resolve the issue of their place of residence and come to a common opinion about who the child will live with after the divorce. It is logical for the baby to remain with the mother, unless there are grounds for transferring the child to the father;
• discuss issues of financial support, proposing to conclude an agreement on the payment of alimony.
• decide on the procedure and method of dividing property, as well as the composition of joint property. If there is a chance for a peaceful resolution of the dispute, enter into a division agreement through a notary.

Resolving these issues without a trial will make it possible to obtain a divorce through the Magistrates' Court within a maximum of 2 months, taking into account the period for the decision to enter into force.

When you can't get a divorce

Article 17 of the RF IC establishes an unambiguous ban on divorce for a husband unless he has his wife’s consent.

A man does not have the right to initiate divorce proceedings if:

• wife is pregnant;
• the joint child is under 1 year of age;
• less than a year has passed since the birth of the common baby, who was stillborn or subsequently died.

The first two points are clearly stated in Art. 17 of the RF IC, the third point clearly follows from its provisions, which is confirmed by judicial practice.

These restrictions are aimed at protecting the interests of the young mother, and are also intended to give the spouses time to “grind in” and overcome the difficulties that inevitably arise in the family with the birth of a baby.

If the wife is determined to divorce, then her consent completely removes the restriction specified in Article 17 of the RF IC and the divorce will take place.

What do you need to divorce your husband?

Divorce proceedings with a husband are most often complicated by the procedure for collecting alimony, division of property, as well as the spouse’s evasion of appearing at the registry office, and then in court.

Correct actions in preparation for divorce will allow you to quickly end a relationship that has become burdensome with the solution of all related problems.

What to do

As with the husband's initiative, it is in the wife's interests to try to resolve the dispute peacefully.

What should and can be done by a wife who has decided to break off relations with her husband:

1. If there are no children together, try to convince your spouse to voluntarily appear at the registry office and quickly get a divorce. The husband needs to know that failure to appear at the registry office or avoidance of coming to court will not in any way affect the outcome of the hearing: the marriage will still be dissolved, but with additional problems for him.
2. If you have children, it is best to agree before the trial on who the child will live with and how much alimony the husband will pay. It is worth informing the husband that voluntary payment of alimony under an agreement will cost him less and more profitably, since it is possible to reach an agreement with his ex-wife, but not with the bailiffs.
3. When dividing property, you can offer your own version of the division of property, not forgetting to take into account the interests of the children. You and your husband can visit a lawyer who will clearly describe all the advantages of dividing property by agreement.
4. Any legal proceeding costs money: fees, examinations, legal services. Both husband and wife should be aware of this before starting legal battles. Any peace will be better than a good judgment.

Important! The wife has the right to unilaterally oppose the divorce if at the time of its initiation she is pregnant or less than a year has passed since the birth of the joint child (including if it was stillborn).

If the spouse’s impulse is caused by temporary family problems or unpreparedness for a child or pregnancy, the wife’s right not to consent to divorce will help save the family in the future.

What does the court determine?

At the court hearing, after studying all the documents provided, the judge determines whether it is possible to save the family.
If there is a chance, the judge gives the husband and wife time for reconciliation and the court hearing is postponed. If there is no such chance, the decision is made at the first meeting. At the hearing, the court determines the following points:

• Which spouse will the minor children live with?
• The amount and frequency of alimony payments by the second spouse.
• How will jointly acquired property be divided?

If there are no aggravating circumstances, the court usually leaves minor children with their mother. Teenagers can express their desire for which parent they want to live with. And when making a decision, the court will definitely take this into account.

Sometimes spouses cannot take part in the divorce process. They can turn to lawyers, hire an experienced family law lawyer. Such a lawyer will help you correctly draw up an application and represent the interests of the plaintiff or defendant in court.

Documents for divorce through the registry office

Subject to the requirements for the divorce procedure through the Civil Registry Office, spouses can dissolve their legal marriage through the Office of the Civil Registry.

To do this, you just need to submit an application in the prescribed form and attach the documents required for the divorce process.

Application forms vary depending on the reasons and grounds for divorce, as well as the positions of each spouse.

Statement

To dissolve a marriage through the registry office, spouses must submit a corresponding application. In case of divorce in the absence of children and with the mutual consent of the spouses, the divorce is carried out on the basis of an application jointly submitted and signed by the spouses.

Also, one of the spouses who cannot come to the institution for a divorce can notarize the signature on the application and send it by registered mail to the registry office.

Important! When registering a divorce, the presence of at least one of the spouses is mandatory, otherwise, in the absence of both husband and wife, the divorce will not take place.

Sample application

When contacting the registry office, you must fill out one of three application forms, depending on the circumstances of the divorce.

Form No. 9

A standard application form for divorce through the registry office, used in cases where a husband and wife have agreed on a divorce and they do not have children together. To be completed by both spouses.

Form No. 10

Spouses can agree on the voluntary dissolution of the marriage. But it is not always possible for citizens to appear together at the registry office to submit an application.

In such a situation, it is necessary to use Form No. 10. The spouse, who cannot personally come to the registry office, fills out an application and sends it to the authorized body.

Form No. 11

Form for unilateral divorce in the registry office.

Filed by one spouse requesting a unilateral divorce due to:

• conviction of the second marriage partner to a prison term of 3 or more years;
• recognition of the second spouse as incompetent or missing.

A mandatory attachment to this application is a copy of the court decision (sentence), confirming the exceptional circumstances for a unilateral divorce.

Form No. 12

This form for divorce is submitted to the registry office by either spouse after the court decision on divorce comes into force.

In fact, this is an application for the execution of a court decision on divorce by one of the spouses and it is of a formal nature and is aimed at issuing a divorce certificate.

The marriage is considered dissolved from the moment the court decision comes into force, so it does not matter whether both spouses apply immediately or whether one of them comes to the registry office after some time. The marriage will already be considered dissolved on the day when the judicial act entered into legal force.

List of documents

The following documents must be attached to the application for divorce through the registry office:

1. Passport (have with you when appearing at the registry office).
2. Marriage certificate.
3. The basis document for divorce without the consent of the spouse: a copy of the court decision on the incapacity of the second spouse; the decision to declare him missing; a copy of the court verdict on conviction and a certificate of serving the sentence (when submitting form No. 9).
4. A copy of the court decision, if the divorce is carried out on its basis (when submitting form No. 12).
5. Receipt of payment of the duty.

The decisions and sentence of the court must be certified with a blue seal, signed by the judge, and the document itself must bear a mark indicating its entry into force.

If the judicial act was changed by a higher authority, then you will also have to attach a copy of the amending document, certified and executed by the court.

If you do not have a marriage certificate in your possession due to its loss or destruction, then before applying to the registry office with an application for divorce, you must apply there to obtain a duplicate of the document. Once it is issued, you can file for divorce.

Submission of documents

1. When appearing in person at the registry office, an employee of the institution independently enters all the data into the computer, prints out the already completed application and allows the spouses to read and sign it.
2. When sending a notarized application by mail, it is important to fill out all fields of the application correctly and legibly. The slightest mistake will result in a refusal to divorce.
3. In case of unilateral divorce, sending an application by mail is not allowed; the spouse must personally arrive at the registry office to sign and submit the application.

For more information about the list of documents for divorce in the civil registry office, read this publication.

Documents for divorce through court without children

Divorce of a marriage without children is carried out in court when one of the spouses does not agree with the divorce. Otherwise, divorce would be possible through the registry office.

To begin the divorce procedure, you need to file a statement of claim with the magistrate at the defendant’s place of residence.

Only the permanent or temporary registration address confirmed by the Federal Migration Service will be considered a place of residence. The actual place of residence has no bearing on the determination of jurisdiction.

Statement of claim

The statement of claim is drawn up with mandatory compliance with the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation. In case of violation of the legal requirements, the claim may be left without progress, and then completely returned to the applicant.

In an application for divorce without children, you must indicate:

• name of the court, its address, full name of the court and addresses of the parties;
• date of marriage, date of termination of relationship, reference to spouse’s disagreement;
• reasons for divorce in the claim;
• the indication is not the impossibility of preserving the family;
• request to the court for divorce.

The application is signed personally or by a representative by proxy, and a date is set. A list of documents attached to the claim is also indicated.

Sample statement of claim

The presented sample claim for divorce in court without children is approximate and does not reflect all the key points that should be contained in the document.

Important! When drafting a statement of claim on your own, it is strongly recommended that you consult with an experienced lawyer. This will avoid possible problems and the return of documents.

List of documents

All documents mentioned in the statement of claim must be attached to the statement of claim. You also need to document all the stated circumstances and facts.

A typical list of documents to submit to court looks like this:

1. Statement of claim and its copy for the defendant.
2. Receipt for payment of the state fee for going to court (original).
3. A copy of your passport and a copy of your marriage certificate.
4. Documents confirming the reasons for divorce:
   information about attracting a husband to the administration. liability for beatings, disorderly conduct;
5. information about his illness with alcoholism and drug addiction.
6. Certificate of place of residence (as indirect evidence of termination of the relationship).

Important! If the marriage certificate is lost or is in the possession of the other spouse, you can request a duplicate from the registry office or get a marriage certificate there.

Providing documents confirming the reason for the divorce is not at all mandatory, but it is advisable to avoid the court granting a period for reconciliation.

If the plaintiff spouse insists on divorce in any case, even without confirming the reasons, the court will not have the right to oppose his will. Even if the second spouse disagrees.

Only an experienced lawyer can give an exact package of documents and a clear answer about what documents are needed for a divorce.

Submission of documents

The claim can be filed either in person in court or sent by registered mail. In addition, you can issue a power of attorney and hire a representative for a divorce in court, who will sign the claim and submit it.

To file a claim, this authority must be separately specified in the power of attorney.

The claim is filed in the magistrate's court at the place of residence of the defendant spouse. In this case, only the address of official registration or temporary registration is taken into account as a place of residence. Your actual place of residence will not matter.

Applications are provided in copies, with the exception of a receipt for payment of fees and various certificates.

If the plaintiff does not plan to appear in court, it is advisable to have copies certified by a notary in order to avoid postponing the case to request the original documents in the future.

Important! If you have a personal account at State Services, you can submit a claim through the GIS Justice system, in electronic form.

Read more about the procedure for filing a claim in court in a divorce without children in a separate publication.

List of authorities

When you have decided to divorce, it is recommended to file a claim with one of the following authorities:

• Civil registry office, in cases where there are no joint children under 18 years of age, and there are no claims (see → divorce through the registry office: instructions);
• to the magistrate's court when there are no claims regarding the division of property, or its total value does not exceed 50,000 rubles;
• to the district court when there are claims.

Documents for divorce through court with children

Division through court with a child is carried out in two ways:

• through the magistrate's court, if the spouses have reached an agreement on the further procedure for raising children and their place of residence;
• through the district court, if there are disagreements between the spouses-parents about the fate of the children after the divorce.

In both cases, it is necessary to file a claim drawn up according to the rules of Art. 131-132 Code of Civil Procedure of the Russian Federation.

Statement of claim

The statement of claim must indicate:

1. Full name and address of the court where the claim is filed.
2. Full name of the spouses, their addresses.
3. Information about the dispute: date of marriage, reasons for divorce, possibility of saving the family, position of the second spouse in the claim.
4. Information about children, including their full name, date of birth, residential address and which parent they are with.
5. A description of their future fate, whether agreement on education has been reached or not.
6. References to legal norms, evidence that clearly indicates the need to leave the child with the plaintiff (if no agreement has been reached about the children).
7. A demand for divorce, as well as for leaving a child or transferring it to a second spouse.
8. Signature, date of signing and list of attached documents.

The claim must be prepared in writing, preferably in print. The law does not prevent the submission of a handwritten document, but if the handwriting is illegible, the judge will have the right to return it to be compiled in a readable form.

In addition, the claim may also include demands for the collection of child support. For more information, see the material “Claim for divorce and alimony”

Sample statement of claim

This sample application reflects a simple situation related to the divorce of spouses when reaching an agreement about children.

If there are “complications” in the form of an acute conflict regarding the upbringing of a child, it is highly advisable to consult with an experienced lawyer on the issue of drawing up and filing a claim.

List of documents

What do you need to file for divorce with children? The prepared claim and all documents attached and listed therein.

The following documents are attached to the statement of claim for divorce with children:

1. A copy of the statement of claim for the second spouse - the defendant.
2. Marriage certificate (copy).
3. A copy of the applicant's spouse's passport.
4. Copies of documents about children: birth certificates, agreement on children (if concluded).
5. Certificate of residence of children.
6. Consent of the spouse to terminate the marriage, if he does not plan to come to court, and also if there is no dispute between the spouses about the fate of the children.
7. Receipt of payment of the duty.

This list of documents is not exhaustive, since if disputes arise about children, the following may additionally be required:

• information about the income of the spouses, to confirm the ability to provide for the child financially or if the claim is for alimony;
• documents on living conditions;
• conclusions of guardianship authorities;
• certificates from school and preschool institutions about parents’ attendance at events and meetings (to confirm participation in the lives of children);
• other documents.

Submission of documents

A claim for divorce, if there is a child, is filed in a magistrate or district court, as already mentioned above. Submission of documents is carried out:

• in person – through the court reception;
• a representative - if a corresponding power of attorney has been issued to him through a notary or an equivalent official;
• by registered mail – if it is not possible to come to court;
• in electronic form through the GIS Justice - if you have a personal account on the State Services portal.

Lawyers recommend filing a claim via mail, since in this case you will receive an official document either about its acceptance or about the shortcomings of the claim, and not simple words from the reception staff about non-compliance with the requirements.

If, during the consideration of a claim in the magistrate's court, a dispute about children arises between the spouses, the judge will be obliged to send the case to the district court due to a change in jurisdiction.

Duty

Almost any legally significant action is subject to state duty. Divorce is no exception - you will have to pay both for a divorce in the registry office and for a divorce through the court.

When applying to the registry office, you must pay a fee in the following amount:

The amount of the fee for divorce through the court is fixed - 600 rubles, payable before filing a claim.

If the divorce claim is combined with other claims, an additional fee will be paid by the plaintiff or the defendant. In a number of cases, the plaintiff is exempt from paying the fee.

If the fee was transferred using online banking, then you need to contact the bank branch to obtain documentary evidence of the transfer of funds.

The amount of the fee paid must be confirmed by the original receipt, which is submitted to the authority carrying out the divorce procedure.

Read a separate article about all the intricacies of calculating and paying state fees during a divorce through the registry office and the court.

Court statement

The main document for a divorce through a court is a court decision, which is made and formalized by a magistrate or district judge. This is an official document according to which the marriage between spouses is considered dissolved. A court decision has legal force after it enters into force. Typically, this is thirty days after such a decision is made.

A one-month period is given so that the parties can appeal the court decision. This right can be exercised not only by the plaintiff or defendant, but also by a third party taking part in the case. In addition to the fact of an official divorce, the parties can challenge other decisions - the place of residence of joint children, the procedure and amount of alimony payments.