Summons for divorce

When to get a divorce through court

Divorce through the registry office (civil registry office) can be made for spouses who do not have common children under 18 years of age and both wish to dissolve the marriage union (form No. 8).

It is also possible for a couple with minor children to divorce (form No. 9) or unilaterally if:

the court recognizes one of the spouses as missing or incompetent;
if the spouse was sentenced to imprisonment for a term of more than three years.

In other cases, to file for divorce you need to go not to the registry office, but to the court. The court also decides issues regarding the assignment of alimony and the division of jointly acquired property, so if a couple wants to resolve such issues simultaneously with the consideration of the divorce case, then they must also submit an application for divorce to the court, and not to the registry office. To do this, you need to fill out form No. 10 in the court office.

The court decides such issues as the division of property and assets, the procedure and amount of alimony payments, the order of meetings with the child and his place of residence, eviction and removal of the ex-spouse from the living space.

Ways to tell your spouse about divorce

Starting a difficult conversation about divorce with your husband is still difficult, but necessary. Be patient and find comfortable ways. It is important to feel confident and protected during the dialogue so as not to worry about third-party problems.

READ

How to get out of depression after breaking up with your loved one

If he is very good

Popular wisdom assures that good husbands are not abandoned, but evaluation criteria may be different. Therefore, the public includes basic skills in the list of traits of an ideal spouse: does not hit, does not drink, works, helps with children and with housework. At the same time, more skills and talents are required from a woman, and their demonstration should be daily. Given the job and stress level, the workload is disproportionate. Besides, working does not mean earning money, and helping does not mean doing everything well.

It’s easier to tell others that the marriage is broken because there has been infidelity or the partner has started drinking. But if this is not the case, you can’t lie. Honestly admit your loss of feelings and do not enter into dialogue if the interlocutor is sure that you made the wrong decision.

If it seems that he is good, but there is no desire to live together, consult a psychologist. A situation where it is difficult to formulate the cause of disgust requires elaboration, as it hides suppressed reactions. They need to be revealed in order to prevent repetitions in new relationships after a divorce.

If you are prone to assault

Communicating an unwanted divorce to an actively abusive spouse is difficult due to the constant fear of brute force. To stop being afraid, use the help of family and friends. As a rule, an aggressive spouse pretends to be an exemplary family man, so ask a third person, or better yet two, including a man, to be present during the conversation. You can avoid telling outsiders the topic of the conversation before it begins, and the main text of the address to your husband can be reduced to two sentences about the reasons for the breakup.

If the husband is also an alcoholic, and assault occurs in moments of clouding of consciousness, do not justify it. To announce that your spouse is divorcing your betrothed, you can choose a time when the partner is sober and not able to act aggressively.

We must not forget that in Russia there are centers for supporting and protecting women who suffer domestic violence. They are located in large cities, but you need to ask for help in a hopeless situation everywhere.

If there are children

Divorce in a marriage where there are children is more difficult and longer - you need to be mentally prepared for this. People around them usually offer little support to women in such situations, believing that they need to endure for the sake of a beautiful picture and raising a child together. However, if you learn to properly defend personal boundaries, discussions can be avoided.

Another important aspect is the correct interpretation of information by parents for the child. Develop a joint plan, discussing the details:

the story should sound the same from mom and dad;
information should be dosed: if the child is small, a fact without unnecessary clarification of the reasons is enough, and a teenager will be able to understand the intricacies of relationships between adults, so he can be told more;
You need to talk about the feelings that do not cease to exist after a divorce for your child, and about the details of your changing life;
Explain that the baby will continue to communicate with both adults, but one will live separately and appear periodically.

Speak softly, but do not allow the child to think about reconciliation, because questions will arise about the reasons for the parents’ inaction on the way to saving the family. This will give rise to complexes.

With the help of friends

You need to talk about divorce in a quiet place and in private, since the presence of strangers will make it difficult to remain honest when answering. However, the spouse cannot always guarantee her safety, since she does not control and cannot stop the man’s aggressive behavior. In this case, the psychologist’s advice boils down to creating conditions under which the woman can communicate the decision without harm to herself. Situations are allowed when a mutual acquaintance tells a man about a divorce. Important:

so that a person is constantly in a common house, his choice does not look suspicious - aggression can be caused by the assumption that this is a woman’s lover;
the mediator must evoke respect or fear of a physical response to assault - this guarantees his safety;
You can choose your husband's friend for this role.

If you fear for your safety and the health of your children, by the time of the conversation, take care of a complete move to a new place of residence, the address of which is unknown to your spouse.

By correspondence

You can end a relationship gracefully through correspondence. The method is convenient because the spouses do not see each other and express their complaints honestly. But you still have to meet, so you can’t humiliate or insult your partner. This option is suitable if:

the wife cannot formulate complaints out loud, but is able to clearly write about it;
a woman is afraid of aggressive behavior or manipulation during a conversation;
the relationship is no longer close, and divorce is a formality;
This decision was discussed during the conversation, but now confirmation of intentions is required.

Psychologists allow some patients to use the method if it is comfortable, or in cases where a personal meeting is impossible - the husband is in another city or is serving a sentence in prison.

If he is categorically against divorce

Spouses see the situation differently - the wife is suffering, and the husband is sure that everything is fine in the relationship, so the message about the breakup will seem unexpected and illogical. If he is against it, you need to try to explain the position and reasons for the breakup:

Do not remember all the grievances at once, focus on one main problem that cannot be corrected.
Aggression on the part of a man is natural; you should not respond to verbal attacks. Show that you understand the position and reaction.
If the conversation is started with the purpose of manipulation, hint at the possibility of correcting the situation. Otherwise, do not allow empty words and assumptions about the possible outcome of the future if the man’s behavior changes.

Is there a notification about the initiation of divorce proceedings?

There are situations when one of the spouses, without the consent of the second spouse, decides to file for divorce. It does not matter at all for what reasons this happens and what circumstances forced a person to take such a serious step, the task of the judicial authority is to ensure that the summons to court for divorce is sent on time. A court summons for divorce must contain information about the date and place of the hearing. After filing for divorce, when the plaintiff receives a summons, he must appear at the scheduled court hearing or notify the court that he has good cause. Failure of the plaintiff or his representative to appear at the first court hearing in the divorce case leads to the automatic termination of the consideration of the case.

When will a person be notified of a divorce hearing?

Sometimes people, for good reason, cannot attend a court hearing, although they have been notified by their spouse that a claim has been filed in court. Based on this, the question arises: if the wife or husband filed for divorce, when will the summons arrive? You need to know this so that you have the opportunity to change your plans in advance (cancel a trip or have time to return from a long business trip). Russian legislation does not stipulate the exact timing of when a subpoena for divorce arrives. Most often this happens within a period of 2 weeks to 1 month from the day one of the spouses filed for divorce.

How does the summons arrive?

It is worth finding out when the wife filed for divorce, how long it will take to notify the husband, where you can get a divorce summons, and what a sample divorce summons looks like. A summons for divorce is sent by the court office by registered mail with notification. This is done so that there is evidence of receipt of the notice by the defendant, since the recipient puts his signature on the notification sheet.

The court will sometimes notify the defendant that a divorce petition has been filed by telephone. This is permitted by law (Article 113 of the Code of Civil Procedure of the Russian Federation). As proof that the man or woman has been notified that they are invited to the court hearing, a telephone message is attached to the case.

An error in the address of the defendant in the claim will result in the addressee not being able to receive the summons on time. You also need to carefully indicate the person’s last name and first name.

Didn't specifically pick up the court summons for divorce

Failure to receive a summons only means that the preliminary consideration of the case will take place without the defendant. Repeated failure to attend a court hearing without a valid reason may result in the termination of the marriage without the consent of the other party by court decision.

If the defendant did not actually receive the summons and the divorce took place in his absence and without his knowledge, he can challenge this decision no later than 7 days after receiving the notice of divorce. The appeal is filed within 1 month from the date of the verdict.

How to file for divorce through court

Each registration area has a court. If the city is not divided into districts, there is a city court; if it is a village, there is a district court for several villages in this area. There is a section on the website of a district or city court that is dedicated to justices of the peace. The required court site is determined by the street name and house number.

It is not necessary to attend the court hearing in person. You can state your position in writing and bring it to court in advance, send it by mail or via the Internet. Or you can send a representative in your place - a lawyer under a warrant or any other person under a power of attorney. It is advisable that the representative have with him a petition to consider the case in the absence of the notified party.

The first option is suitable in cases where a consensus has been determined on the place of residence of a child under 18 years of age and the complete division of joint property. In cases where one spouse does not want to enter into a settlement agreement due to certain circumstances, only a district court judge can resolve controversial issues.

You may like => Provision of Public Land

Whether the child will remain to live with his father or mother after the divorce will become clear when the judge examines the financial situation of both spouses, living conditions, availability of work and daily employment, health status, moral and domestic behavior, the presence of other children and many other circumstances.

Summons to court for divorce, sample

Let's take a closer look at what a subpoena for divorce looks like. The document has 2 pages. One contains a notice of summons to court, the second contains information about the consequences of failure to appear.

Contents of the subpoena for divorce form, first page

Judicial summons in civil case No.

Where ____________________________________________________________

To whom ____________________________________________________________

court ______________________________________________________________

calls you as a plaintiff/defendant

by ____________hour __________________________20 __________________

on business __________________________________________________________

by the address ________________________________________________________

The court invites the parties to present all available evidence in the case

(Article 56-57 Code of Civil Procedure of the Russian Federation)

Court Clerk _____________________________________________________

Divorce summons for husband sample, second page

Consequences of not showing up when called

If a plaintiff/defendant fails to appear at a court hearing without good reason, if none of them has submitted an application to hear the case in their absence, the court, postponing the hearing of the case, has the right to impose a fine on the plaintiff/defendant who failed to appear.

If the parties fail to appear without good reason for a second summons, the court leaves them without consideration if it does not consider it possible to resolve the case based on the available materials (Article 222 of the Code of Civil Procedure of the Russian Federation).

Structure and content

The document contains the following information:

The name of the organization (in our case it is either a magistrates' court or a general court).
Case number.
Detailed address of the recipient of the summons.
Last name, first name and patronymic of the recipient of the document.
The name of the case (in our case, a civil case).
The exact time of the court hearing.
The exact location of the court hearing (including the number of the judge’s office or courtroom).
Signature of the court clerk.

On the back of the subpoena, the consequences of failure to appear on the document are indicated if the plaintiff’s appearance is mandatory.

This is what a typical divorce summons looks like:

So, if the plaintiff was obliged to appear in court, but did not appear and was absent during the consideration of the case without good reason, without warning in advance, the court has the right to postpone the proceedings in the case and impose a fine on the “truant plaintiff.”

In other cases, the court may consider the case in absentia, without the participation of the defendant; everyone is aware of the dangers of this in litigation over a divorce.

If both parties fail to appear at the trial without warning in advance, and the case itself, based on the available materials, cannot be considered without the presence of the parties, the court has the right to leave the statement of claim without consideration.

The summons may also indicate a requirement to provide additional material evidence from the plaintiff, if available.

From the moment the court begins to consider your case, the claim documentation and preparation for the consideration of the case in court begins to be formed. When all the initial stages are completed and the court is ready to consider the case, subpoenas are sent to both the defendant and witnesses or other interested parties.

It is interesting that the representatives of the parties are “notified” with a subpoena. But various interested parties are “summoned” to court - translators, specialists, experts, etc.

The validity period of the summons ends at the start of the court hearing on the case, if the defendant does not appear at the trial and does not notify of lateness or valid reasons for absence - it is considered that he “missed” the court session.

The issuance of subpoenas is managed by the court secretary, who monitors the progress of cases and prepares documentation for the proceedings.

You can submit an application to the registry office for divorce online if certain conditions are met. During your family life, did you acquire a plot of land together? Find out how it is divided in case of divorce. Read our article. Sometimes parents cannot decide who should keep their child after a divorce. You can find out how this issue is resolved here.