Divorce or dissolution of marriage

Time limits for making a court decision upon divorce

If there are disagreements or common minor children, the marriage is dissolved in court. In other cases - through the registry office. The timing of the decision depends on the circumstances and the court that accepted the application; calculation begins from the moment the claim is filed:

Based on Art. 22 of the RF IC, in the absence of the defendant’s consent to divorce, reconciliation may be ordered for a period of up to 3 months. If after this one of the parties still insists on divorce, the decision is made at a meeting. As a result, the time period for its acceptance from the date of filing the claim may increase.

Time limits for a court decision to enter into legal force

Based on Art. 209 of the Code of Civil Procedure of the Russian Federation, the decision acquires legal force one month after it is made. This time is given to the parties to appeal. Filing a cassation appeal after the verdict has entered into force is carried out if the judicial body commits procedural violations of the legal rights and interests of the parties to the proceedings.

Notice of decision

When a verdict is rendered in absentia to the defendant or plaintiff in accordance with Art. 236 of the Code of Civil Procedure of the Russian Federation, a corresponding copy is sent by registered mail. The court has 3 days to do this from the moment the decision is made.

The notice is sent to the plaintiff subject to the filing of a request to consider the case without his participation.

Next steps after the decision is made

After the verdict is rendered, it is necessary to wait for it to gain legal force. Subsequently, the court independently sends the extract to the registry office.

To obtain certificates, former spouses must:

1. Appear at the registry office with an application and marriage certificate.
2. Obtain a divorce certificate.

It takes several days to prepare the certificate. The applicant chooses the date of receipt independently. It can also be issued on the day of application.

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Where to file for divorce

Samples of divorce documents

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I received a court decision on divorce, what are the next steps?

A copy is given to each party. You can request a document either from the court or from the registry office. The document contains the following information:

1. name of the court;
2. surnames and initials of the judges who considered the case;
3. date and number of review;
4. formulation of intention;
5. effective date;
6. judge's signature and seal.

A court ruling has one very important parameter - the document that has entered into force is mandatory for execution by all citizens without exception.

Where to apply Citizens often require a special extract for this paperwork. To purchase a document, you need to submit a corresponding application to the organization.

The place for receipt can be either the registry office or the court, if the divorce took place there. For an extract, you should contact the chairman of the court.

How to obtain a court decision on divorce?

The entry into force of a default judgment is also tied to the period for appealing it, which is a longer period, which is discussed in more detail below. Appealing a court decision on divorce The moment the decision comes into force directly depends on the period of its appeal (Art.

209 Attention of the Code of Civil Procedure of the Russian Federation). Thus, decisions of the court of first instance come into force after the end of the period for appeal, provided that there is no appeal filed by a party to the case. Usually this period is 1 month after the issuance of the court document (Art.

321 Code of Civil Procedure of the Russian Federation). If a complaint is sent but not satisfied, the decision becomes effective immediately after the refusal to accept the complaint for processing is issued.

A default judgment is also subject to the usual appeal periods, which, however, do not begin to run from the date of the decision.

Court decision on divorce

IMPORTANT! If the couple does not come to an agreement on the child’s place of residence or the amount and procedure for payment of funds for his maintenance, or such an agreement will conflict with the interests of the minor or any of the spouses, the judicial authority will resolve such issues at its own discretion. With regard to the division of property or the assignment of payments to a dependent spouse, the court considers these disputes only upon the application of the interested spouse.

For this reason, they will have to file a divorce petition with the court.

In the case where one of the married couple does not agree to divorce, the situation is as follows: the initiator of the divorce wants freedom, and the second spouse thinks that they will reconcile and the family will survive.

In this case, you should not contact the registry office, since such cases are resolved exclusively through the court.

The third scenario is the most interesting: the married couple decided to separate, but one of them constantly disrupts this event by not showing up for the divorce at the registry office. Important Under these circumstances, a person wishing to dissolve a family relationship must submit a claim for divorce to the court. Rules for filing a claim According to the general rule, divorce cases are considered by justices of the peace.

What to do next after receiving a court decision on divorce?

If only one spouse wants to dissolve the family relationship, the trial may last 3-4 months, to which 1 month should also be added for the court decision to enter into force. This period includes the maximum permissible period allotted to a married couple for reconciliation.

There are cases when the second spouse does not want to separate and systematically does not show up for meetings, then the divorce in court will last about six months, to which it is necessary to add 1 month, as in the previous 2 cases. The specified deadlines are also determined by other circumstances.

For example, the workload of the court, the efficiency of the postal services that notify spouses, the actions or inaction of the defendant. Nuances when divorcing through the court The Family Code of the Russian Federation gives the right to divorce to both spouses, but here certain nuances should be taken into account.

Divorce by court decision on dissolution of marriage

During the consideration of the case, circumstances may arise in which the court does not have to make a decision:

• the plaintiff withdrew the application before the decision was made;
• the parties took advantage of the period for reconciliation and decided to continue family relations;
• the plaintiff did not appear in court without good reason, and did not file a motion to consider the case without his participation.

In such circumstances, the court makes an order to dismiss the case. Important: in these cases, the applicant is not deprived of the opportunity to re-apply to the court with a claim to terminate the marriage. If the parties decide to divorce again, the court does not have the right to refuse to accept the claim. After the decision is made, it must enter into legal force.

The effective date depends on whether the responding spouse has exercised the right to appeal.

Who has the right to receive an extract from the court decision on divorce - this is a necessary document to submit to the registry office. On its basis a divorce stamp is affixed. Papers are issued only at the office of the court where the divorce claim was originally filed.

A certificate is issued only to participants in the process - former spouses. How to distinguish a fake document from a genuine one In fact, the agreement is printed on ordinary paper, which does not have any special differences.

Does not have specialized watermarks. The main identification mark is the original seal. It is placed so as to capture part of the signature of the authorized person. The registry office knows which judges rule on divorce proceedings. To affix a stamp to your passport, you need to provide a complete package of contracts, and also check for compliance with the citizen’s condition.

Court decision on divorce (2018)

In the first case, the citizen is the initiator of receipt, and in the second, the court independently sends the document to the applicant. In the latter case, there may be difficulties, since Russian Post does not always fulfill its obligations correctly.

In accordance with Article No. 214 of the Civil Procedure Code of Russia, if a person is not present at court proceedings, then the resolution is sent within 5 working days after the completion of the paperwork. If the citizen has not received the decision or has lost it, then he or she can submit a corresponding application with a request to issue a duplicate.

The appeal occurs to the judge who made the decision.

Where and how to obtain an extract from the court decision on divorce

If for some reason both spouses can no longer exist together, or this conflicts with one of the parties, it makes sense to start a lengthy divorce process or resolve everything amicably. If the spouses still fail to “smoke the pipe of peace,” the only way out is to resolve the problem through the courts.

According to the current family code, the result of such a showdown will be divorce. At the end of the process, both parties receive a court decision on divorce.

Contents of a court decision on divorce

Art. 198 of the Code of Civil Procedure of the Russian Federation regulates the content of the decision. It should include the following information:

Sample court decision on divorce:

Samples of statements of claim for divorce

Refusal to divorce: by court or registry office

Extract from the court decision on divorce

The extract is intended for submission to the registry office for the purpose of annulment of the marriage. Distributed by the courts within 3 days after the verdict comes into force. The production parties are given 5 days for delivery.

The document consists of two parts: about the consideration of the case in civil proceedings and about the decision made. What information is included:

• court name and address;
• data of the parties to the proceedings, claims;
• date of commencement of proceedings;
• Full name of the judge;
• a verdict recognizing the marriage as dissolved, indicating a specific date of annulment.

A court seal is required.

An extract and a copy are different documents. The first contains a brief description of the case, the second includes complete information, since it is a photocopy of the verdict certified by the court.

Validity

The legislation does not establish the validity period of a judicial extract. It can be provided to other government agencies at any time.

Where to get it?

Extracts are kept in the office. Upon expiration of the storage period, they are sent to the archive. To order a document, the parties to the proceedings can contact the court in person or remotely. The issuance of court documents to citizens who are not participants in the proceedings is not permitted.

Price

Extracts are issued free of charge. Only the state fee is paid when filing an application for divorce - 650 rubles. When dividing property, the payment amount increases and is calculated in accordance with Art. 333.19 of the Tax Code of the Russian Federation, depending on the value of the claims.

How to find out a court decision by last name online

The most reliable information about what decision the court made can only be found out by personally attending the court hearing. In this case, participants usually receive a paper version of the court's conclusion. However, for various reasons, those involved are not always able to take part in the hearings, and are forced to look for other ways to find out about the decision made.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

We recommend reading: Document on registration at the residence address of the residence permit

Arbitrage practice

Under favorable circumstances, divorce proceedings in court take from 2 months. If there are controversial issues, the decision-making period may take up to six months.

Let's look at an example from practice: A woman filed a claim for termination on 07/01/2018, there are no common children. The husband refuses to divorce, citing the desire to save the family. The plaintiff insists on her demands. The meeting is scheduled for July 15, 2018. After hearing the parties and their objections, the court issued a ruling ordering reconciliation for 2 months. The next hearing is scheduled for September 15, 2018.

At the repeated meeting, the plaintiff insisted on the requirements, explaining this by the impossibility of living together with the defendant. Based on Art. 22 of the RF IC, on the same day the court issued a verdict declaring the marriage dissolved. The document comes into force on October 15, 2018.

On September 20, 2018, the defendant filed an appeal against the decision. The appeal was considered on October 25, 2018, the verdict was left unchanged by the higher authority.

Thus, the total duration of the proceedings was almost 4 months:

• when filing an appeal, the decision comes into force from the moment the ruling is made;
• The appeal ruling becomes valid on the day of adoption.

If the appellate authority had sent the case for retrial, the procedure would have been significantly delayed.

Restoring a lost court decision

A duplicate of the lost decision in the form of a certified copy can be obtained from the archives of the court that accepted it upon application from a party to the proceedings. How to do it:

1. Find out the details of the judicial authority and independently draw up an application for the issuance of a copy with a seal. You can use the example presented above.
2. Submit an application, a copy of your passport and a marriage certificate in person or through Russian Post.
3. Applications for the restoration of lost documents are considered within 30 days.

A duplicate is sent to the citizen’s address indicated in the application.

Lawyer's answers to frequently asked questions

When does a default judgment come into effect?

For all decisions, the entry period is 1 month, which is given for appeal.

Is it possible to overturn a divorce decree?

Yes. To do this, the appeal is filed with the court that made the decision being appealed, then the employees of the said body are sent to a higher authority.

According to Art. 237 of the Code of Civil Procedure of the Russian Federation, a decision made in absentia can be appealed within 7 days from the moment the defendant receives a copy by filing an application for cancellation. Within 10 days, the issue of canceling the decision or refusing to satisfy the application is decided.

I received the court decision in my hands, but did not take it to the registry office. Accordingly, I do not have a certificate of termination. I live with another man and am pregnant, 38 weeks. Can problems arise when recording the biological father on the birth certificate?

According to Art. 48 of the RF IC, the father of the child is recognized as the former spouse if up to 300 days have passed from the date of divorce. The information is entered from the words of the mother when submitting a certificate of registration and termination of family relations. Subsequently, the man can challenge paternity in court. The certificate indicates the date of entry into force of the decision (termination of marriage), and not the moment of receipt.

What to do after receiving a court decision on divorce

The new procedure does not leave citizens the right to independently determine the date of divorce. The court, after making a decision, independently notifies the registry office of the divorce. In this connection, the certificate of termination rather serves as a document certifying, and its issuance is no longer considered a legal fact of termination of registration.

The basis for issuing a document for employees of the civil registry office will be a court decision received by mail, on which there will be a mark indicating that the decision has entered into force.

If the spouses have not received a decision within the prescribed period, they can obtain it in the magistrate’s court where the case was heard.

Having received the order, you can apply for a certificate at any time, but the date of divorce will be indicated on the date when the court made the decision.

How does divorce happen through court?

On the appointed day, you must appear at the court for a hearing. It begins with the judge reading your rights and responsibilities. After this, the court hears the side of the plaintiff and the defendant. If the marriage ends without mutual consent, be prepared to make a strong case for divorce.

It is important! A specific court must be selected based on the plaintiff’s place of residence. If the application for divorce was filed earlier, and other issues need to be resolved (property, alimony, etc.), then you need to go to the court at the defendant’s place of residence.

What to do after a court decision on divorce

In the case when, for example, the husband did not come to the court hearing three times without explaining the reason for this, then the court decides to officially dissolve the marital ties, and the truant becomes an “absentee,” that is, he is divorced unilaterally. In any case, whether the court decision is in person or in absentia, the second spouse always has the right to try to challenge the court decision. What to do?

Information about place of residence, time of permanent residence, education, place of work and position are indicated according to the applicant.

When registering a divorce, the spouse, at his request (and in the case of an incapacitated spouse, at the request of his guardian) is assigned a premarital surname.

Changes in the surname of foreign citizens and stateless persons due to divorce are reported to the Ministry of Internal Affairs of the Republic of Kazakhstan.

How to obtain a court decision on divorce

The second most important document is considered to be a divorce certificate. After the court's decision, it can be obtained from the registry office. However, this document is issued only on the basis of the previous one.

That is, without the original or duplicate of the document on the court decision, it is impossible to obtain it. Therefore, in no case can a certificate replace the above-mentioned document.

This is just an additional extract from the registry office, confirming the fact that the former spouses have been deleted from the civil registry.

Until a month has passed, it is simply not possible to receive the document. This is understandable, because the dissenting party has the right to appeal the court’s decision.