A divorce between citizens of the Russian Federation can be filed: by applying to the registry office, or through a court.

If a marriage is concluded between a Russian and a foreigner, there is the possibility of divorce by contacting the consulate of the country of which the foreign spouse is a citizen.

In this article we will look at how to quickly get a divorce for spouses who are Russian citizens.

Depending on the place of application for divorce (registry office or court) and the specific situation, a different package of documents will be required.

A package of documents for divorce at the registry office

• if the spouse is sentenced to more than 3 years;
• is listed as missing, or the court declared him dead;
• deprived of legal capacity by court decision.

In this situation, the second spouse must submit an application to the registry office, attach a court decision to it, and automatically receive a divorce within a month.

The fee for divorce is 150 rubles for 2016 (for one spouse).

Package of documents for the court

The state fee for considering a claim for divorce is 600 rubles for 2016.

How to file a divorce as quickly as possible

The simplest and quick way getting a divorce is a registry office. But it is suitable if there are no disputes about property between the spouses and they do not have minor children.

The process of collecting documents for a divorce at the registry office does not take more than 1 business day, and the consideration of the application itself takes place within a month.

If you contact the registry office outside the wedding season, when its employees have free time, the date of divorce may be set earlier. If you have valid reasons why the marriage should be dissolved in a shorter period of time, you can notify the registry office employees about this. In most cases, practice shows that they willingly meet such requests.

To get a divorce in court, you will have to be patient and have the necessary documents to speed up the process. In this case, the process of considering the claim takes no more than one month. Next, the spouses are given from 1 to 3 months for possible reconciliation of the parties.

There is an important nuance here - this period can be waived at the court hearing. It should be explained (or better yet indicated in the divorce application) that marital relations are actually terminated, reconciliation of the parties is impossible. Indicate that you are asking for a divorce as soon as possible.

If you have already established a new relationship and live in a civil marriage, you should also note this in statement of claim.

On average, you can get a divorce through the court in 1-3 months, provided that the second spouse is properly notified of the lawsuit and does not shy away from appearing at the hearing.

Decisions such as divorce are made without haste. But spouses may have many reasons for quickly ending their marriage. Perhaps you urgently need to conclude an important deal or travel abroad in the near future. And maybe even enter into a new marriage. What to do in such a situation?

In this article we will consider not only the timing of the divorce procedure, but legal ways to speed up the divorce as much as possible.

Divorce methods

Family law provides two ways to dissolve a marriage:

1. Administrative (through the registry office);
2. Judicial (through the magistrate or district/city court).

Each of these methods can be used in appropriate circumstances, subject to certain conditions.

Divorce through the registry office

Divorce through the civil registry office is the fastest process for terminating marriage and family relations.

Divorce term - total 30 days(according to clause 3 of article 19 of the RF IC) .

But divorce through the registry office is not possible in all cases. In order to do so, the following conditions must be met:

• mutual consent to the divorce process.
• absence of joint adult children.
• no dispute over the division of property.

Divorce procedure through the registry office:

1. preparation of documents (passports, marriage certificates);
2. preparation and submission of joint (or unilateral - in special cases, provided for in paragraph 2 of Article 22 of the RF IC) applications of spouses for divorce to the registry office;

If the spouses live in different cities, they can submit two separate applications, but the signatures on them must be notarized.

1. payment of state duty;
2. re-visit the registry office later 1 month after filing an application - to participate in the divorce procedure and obtain a divorce certificate.

Divorce in court

To dissolve a marriage, you must go to court...

• if the husband or wife does not agree to divorce,
• if the family has children under eighteen years of age,
• if a property dispute arises.

Compared to an administrative divorce, the duration of the judicial procedure is much longer (according to Article 154 of the Code of Civil Procedure of the Russian Federation):

• through the magistrate's court - 2 months(including 1 month for the court decision to enter into legal force)
• through a district/city court - 3 months(including 1 month for the court decision to enter into legal force).

Judicial divorce procedure:

1. Preparation of a statement of claim for divorce;
2. Preparation :

• passports of spouses;
• marriage certificate;
• birth certificate of children under 18 years of age;
• marriage contract (if concluded);
• marital and/or parental agreements (on consent to divorce, on division of property, on child support and/or disabled spouse), notarized;
• documents on joint property (inheritance certificates, gift agreements, receipts and purchase receipts), if it must be divided between spouses in divorce proceedings;
• certificates of income, certified by the seal and signature of the manager, if the claim contains demands for the collection of alimony;
• other documents depending on the circumstances

1. Payment (600 rubles);
2. 1 month after filing the claim - attending the first and subsequent court hearings;
3. Obtaining a court decision on divorce;
4. Entry of the court decision into legal force (1 month after issuance);
5. Registration of divorce in the registry office and.

Ways and terms to quickly divorce your husband

What needs to be done to ensure that a divorce from your husband occurs as soon as possible, and does not drag on for several long months?

By mutual agreement

The main condition for a quick divorce is mutual agreement between husband and wife. The fewer disputes and disagreements, the faster the divorce occurs.

If the husband does not object to his wife’s desire to dissolve the marriage, a divorce can be filed...

1. through the registry office in 1 month.

If a married couple does not have children under 18 years of age together, they can get a divorce through the registry office.

Property disputes between spouses are not an obstacle to administrative divorce, since they can be resolved in court before or.

The duration of an administrative divorce can neither be accelerated nor delayed - it is exactly 30 days from the moment of filing the application until the registration procedure is carried out at the registry office, the date and place of which the spouses will be duly notified.

What is needed for a quick divorce through the registry office?

Firstly, prepare and submit to the registry office (or) a joint application for divorce, and secondly, be sure to appear at the registry office within 30 days of submitting the application for the divorce procedure. If neither spouse appears at the divorce procedure, the divorce will not take place - the submitted application will be canceled and the paid state fee will not be returned. True, the spouses can submit a new application the very next day, but they will again have to wait 30 days.

1. through the court in 2-3 months(including the period for the court decision to enter into legal force of 1 month).

If a husband and wife have children, they will have to end their marriage.

All kinds of disputes and proceedings regarding the place of residence, maintenance, and upbringing of children are the main reason why the divorce process can drag on for several months. But if there is mutual agreement and a willingness to compromise, the divorce process can be shortened as much as possible up to 2 months provided by law.

How to speed up a divorce from your husband through court?

First of all, you need a well-drafted statement of claim, which will not have to be redone on the orders of the court, as well as a complete package of documents, not out of place among which would be a parental agreement on the maintenance and place of residence of the children. And finally, regularly attend court hearings - in order to avoid postponement and delay of the proceedings.

Without husband's consent

Is it possible to get a divorce if the husband does not agree?

Yes. Contrary to popular belief, the reluctance of one of the spouses to divorce is not a reason for forced preservation of the family. The marriage will be dissolved, regardless of the husband's consent or disagreement.

Often, a husband who does not want to get a divorce deliberately resists the divorce process and delays it.

For example, he asks the court to give him the opportunity to reconcile with his wife. As a rule, the court makes such a concession and assigns the spouses 1-3 months. If the wife does not change her mind, after the expiration of this period the marriage will still be dissolved.

Another way to delay the divorce process is to ignore court notices and. But the divorce will take place even in the absence of the husband - the court will make a decision on divorce after two forced postponements of court hearings.

Thus, the husband’s disagreement can be the main reason for delaying divorce proceedings.

In addition, the duration of the divorce process may be affected by...

• presence of children (the court must resolve controversial issues about place of residence, upbringing, and maintenance of children);
• existence of property disputes.

Expert opinion

Alexey Petrushin

Lawyer. Specialization: family and housing law.

What to do to shorten the divorce if the husband disagrees?

First of all, prepare your claim correctly. Indicate that reconciliation between you is impossible, attach to the claim documents and other evidence of the impossibility of saving the family (characteristics, medical certificates, witness statements). This way you can avoid the court setting a 3-month period for reconciliation.

If possible, agree in advance on all possible controversial issues (about children, about joint property).

Attend all court hearings or file motions to hear the case without the parties present to avoid delays in the divorce process due to failure to appear.

Ways and terms to quickly divorce your wife

By mutual agreement

After the case is considered 1 more month, during which it is possible to file a complaint and review the case, after which the court decision comes into force.

As practice shows, spouses often reconcile and abandon their plans to divorce. Most often this happens within the first month after applying to the registry office or court, less often during the trial. That is why the law does not allow any exceptions or opportunities to speed up a divorce.

But the opportunity to refuse the submitted application and cancel the divorce is given to spouses right up to the registration procedure itself and the issuance of a divorce certificate. Spouses who have changed their mind about divorce will be able to reapply at any time - unlimited number once. The law does not provide any sanctions for such “indecision.”

We have already mentioned: It will not be possible to get a divorce faster than in a month. The minimum period for divorce (administrative and judicial) is 1 month. In order not to delay the divorce process, spouses must act in concert and promptly comply with the requirements of the law.

To quickly get a divorce through the registry office, you need:

1. prepare ;
2. collect ;
3. pay the state fee on the day of submitting the application, having received payment details directly from the civil registry office or from the MFC department.
4. visit the registry office in 1 month, to .

As for possible disputes about the division of joint property, they are not an obstacle to divorce through the registry office. If a wife and husband want to divorce, they can do it administratively, and divide their property together in court (before or).

To speed up your divorce, you need...

1. competently, avoid making mistakes and inaccuracies that will lead to refusal or return of the claim for amendments.
2. collect all the necessary to avoid delaying the trial for several days or weeks due to missing evidence and certificates.
3. get . This will help avoid the common practice of postponing the trial at the request of the defendant spouse for 1-3 months - for reconciliation with the plaintiff spouse.

If the husband or wife does not agree to the divorce, it must be clearly stated in the statement of claim that further living together spouses and the preservation of the family is impossible, as well as provide evidence (witness testimony, job descriptions, police reports, medical documents about bodily injuries). The goal is to convince the court that reconciliation is impossible, and living together is extremely undesirable, or even poses a threat to the life and health of the wife and/or children.

1. It is necessary to obtain consent for divorce from your wife if she is pregnant or gave birth to a child less than 1 year ago. Otherwise, the court will refuse to consider the claim.

1. come to an agreement regarding the children: places of residence of children, alimony payments. If possible, conclude. This will shorten the trial time and speed up the decision.
2. attend all court hearings.

How to quickly get a divorce if the husband or wife cannot or does not want to attend court hearings? The law allows for the possibility . All that needs to be done is to inform the court that you have received a copy of the claim and documents, and file a petition to consider the case without participation, attaching documents confirming the impossibility of participation in court hearings. If the husband or wife decides to boycott the divorce process and begins to miss court hearings without proper warning, the court may rule on divorce without his participation.

1. the dispute over the division of joint property should be considered in another court hearing.

Although the law does not exclude the consideration of several claims at the same time (for example, for divorce and division of property), this delays the divorce. If you can divide the property yourself (by ) or postpone it “for later”, the divorce will take place faster.

1. Beware of scammers and do not resort to the services of intermediaries who promise you a faster divorce: this is illegal!

It is better to consult with an experienced family lawyer who will help prepare a claim and documents, and perhaps even represent your interests in court by proxy. Get a free consultation today by asking a question in the 24/7 support chat or calling the hotline.

Ask a question to an expert lawyer for FREE!

If you want a divorce, but your partner does not want it, then you can unilaterally file for divorce through the court.

If your partner gives you consent to divorce, then you can quickly.

Divorce through the registry office is quick and simple, but we will consider the option of divorce in court.

Grounds for ending a marriage.
- When does one file for divorce in court? Conditions.
- Which court should I file for divorce in?
- Documents for filing for divorce through the court.
- How is the trial going?
- Divorce terms.
- Nuances of divorce through court.
- Grounds for termination of marriage.
- State duty and the cost of a lawyer’s services during a divorce through the court.
- Video.
- An example from judicial practice.

Grounds for termination of marriage

From the perspective of legislation (Article 16 of the RF IC), there are 4 grounds for termination of family relationships:

• Death of one of the spouses;
• Recognition of a spouse as deceased (by the court);
• Filing an application for divorce by one of the spouses (by the guardian of the spouse if he is incapacitated);
• Filing of an application for divorce by both spouses.

In the first two cases, the marriage is terminated at the moment the event occurs or the court decision enters into legal force.

When does one file for divorce in court? Conditions.

As already noted, is it possible to get a divorce both in the registry office and in court? But when exactly will you have to go to court?

There are three cases:

• The presence of joint children under 18 years of age (clause 1 of Article 23 of the RF IC);
• Reluctance of one of the spouses to part with their other half (Article 22 of the RF IC);
• Evasion of one of the spouses from appearing at the registry office, with theoretical consent to divorce (clause 2 of article 21 of the RF IC).

In the first case, everything is clear: even if the husband and wife vying with each other about the impossibility of living together in the future, but at the same time they have at least one common child(minor) they will still have to divorce in court.

In the second, everything is also clear: the husband or wife wants freedom, and, accordingly, his wife or husband expects speedy reconciliation and preservation of the family. The registry office will not divorce such a couple. The matter will be decided in court.

The third case is the most interesting: both spouses agree, but one of them sabotages the event in every possible way and simply does not show up at the registry office on the day appointed for the divorce. In this case, whoever wants to break family relationships you will have to file a lawsuit for divorce.

Which court should I file for divorce in?

As a general rule, divorce cases are considered by world judge– clause 2, part 1, art. 23 Code of Civil Procedure of the Russian Federation. If, during divorce proceedings, a husband and wife decide to determine their place of residence joint child, then such a case will be considered district court - Art. 24 Code of Civil Procedure of the Russian Federation.

The claim is filed in court at the place of residence of the defendant, or the plaintiff, if the place of residence of the former is unknown. It is also allowed to file a claim in court at the place of residence of the plaintiff, if the plaintiff permanently resides with him minor child, whose place of residence after the termination of the marriage will have to be determined by the court.

Documents for filing for divorce through the court.

Served at general rules submitting an application. The initiator of the divorce will be called the plaintiff, the other party will be called the defendant.

The claim shall indicate the full details of both parties, including place of residence, grounds for divorce (formal condition), and also attach documents (copies):

• Marriage certificate;
• Children's birth certificates;
• Certificates of income, if we are also talking about the collection of alimony;
• Document confirming payment of state duty;
• The spouse's consent to divorce is notarized, if any.

How is the trial going?

After accepting the claim, the court sets a date for the first hearing. It cannot be appointed earlier than one month after the claim is filed by the applicant. The plaintiff and defendant receive a divorce summons by mail before the hearing. At the first meeting, the court finds out the attitude of the parties to the divorce, the reasons for the divorce, and the possibility of saving the family.

If both spouses have a strong desire to separate, but there are no disputes on other issues, then the divorce process in court ends there. The court issues a divorce decree and, after 30 days, sends a copy of it to the registry office. If everything in the case is not clear: the husband/wife does not want to separate, then the court sets a period for reconciliation of the parties, usually 3 months. If, after the expiration of the period, the parties have not found a common language, then the judge makes a decision to terminate the marriage.

In case of no-show...

If both spouses do not come to court, then the case is terminated and the family is preserved, but if there is only one, then first the judge finds out:

• Was the person who failed to appear properly notified and, if so, then;
• Was his reason for not appearing valid?

If the party has been duly notified and no request has been made to consider the case in his absence, then the judge may either reschedule the hearing to another date or hold the hearing in the absence of the person who failed to appear.

Two failures to appear are allowed (two postponements of the hearing); on the third failure to appear, the court will be forced to make a decision.

Divorce terms

Unencumbered by other requirements and with the consent of both spouses, a divorce in court will not take more than 1 month(plus 1 month for the court decision to enter into legal force) from the moment the plaintiff submits the application.

If only one spouse has a demand to break family ties, then the trial may drag on for 4 months(plus 1 month for the court decision to enter into legal force). Included on time as much as possible valid time for reconciliation of the parties.

If only one party has a strong desire to get a divorce, and the other, after the allotted period for reconciliation, did not appear at the hearing, and then did not appear again and again, then you will have to get a divorce for the whole 6 months from the date of filing the claim (plus 1 month for the court decision to enter into legal force).

If the divorce process involves, then the terms, in general, can vary from six months to one and a half years.

Nuances of divorce through court

Family law of the Russian Federation provides the right to initiate divorce to both husband and wife, however, there are some nuances.

Thus, the husband does not have the right to file for his wife even a year after the birth of the child. The court will divorce a couple only if the spouse expresses a desire (Article 17 of the RF IC).

If the claim for divorce includes a request for the division of property, then such a claim can be filed in court at the location of this property (when it comes to real estate) - Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation.

In the case of simultaneous division of property, along with the claim, it is advisable to file a petition to seize the property so that the defendant cannot realize it.

It happens that spouses reconcile after the court has made a decision on divorce. In this case, the law gives the right to appeal the court decision within 30 days, and in the court of second instance to abandon the claim.

State duty and the cost of a lawyer for a divorce through the court.

Freedom has always been highly valued in the literal and figurative sense, so a person who decides to untie himself married life, you'll have to spend money.

Cost of divorce, excluding compensation (if any) marriage contract), the property consists of state fees and the cost of services of a trusted person (lawyer).

There are three duty options depending on the conditions:

1) For state registration of divorce, including the issuance of certificates:
with mutual consent of the spouses who do not have common minor children - 650 rubles for each spouse.
2) Upon divorce judicially- 650 rubles from each spouse.
3) Upon divorce at the request of one of the spouses if the other spouse is recognized by the court as missing, incompetent, or sentenced to imprisonment for a crime for a term exceeding three years - 350 rubles.

The cost of representative services varies by region. So, in the capital, a family lawyer will cost 900 rubles, and representation in court will cost from 10 thousand rubles. In the provinces, amounts may be smaller.

An example from judicial practice

Inna B. filed a lawsuit for divorce from her husband Stanislav B.. At the time of filing the application, Stanislav B. was registered with his friends, but Inna B. did not know the address. The couple had a 5-year-old daughter. The wife filed a lawsuit in the district court at her place of residence, indicating that she did not know where her husband currently lived. The spouse also filed for division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously made a demand to determine her permanent place of residence with her mother.

Stanislav did not appear at the court hearing. The court decided to postpone the consideration of the case for a month. Stanislav again failed to appear at the re-hearing, and the court again postponed the consideration of the case for a month. At the third court hearing, the husband came and stated that he did not intend to separate from his wife, but wanted to maintain the relationship for the sake of his daughter. The court set a deadline for reconciliation - 2 months.

Two months later, at the next meeting, the court decided to divorce the couple, leave the daughter to live permanently with her mother and assigned her alimony, dividing the property in equal shares, but it turned out that by the time the decision was made, the car had been sold and the spouses’ property amounted to one garage. Subsequently, Inna was unable to prove that she did not know about the sale of the car and was unable to cancel the transaction.

Fast? In general, breaking off an officially registered relationship is not as easy as it seems. Especially if the marriage is complicated in some way. For example, the presence of minor children. In any case, you can terminate the relationship at any time. This right is given by law to all citizens. Nobody can take it away. However, you need to know a few nuances. Otherwise, the divorce process will not only drag on for a long time, but will also bring a lot of problems to the spouses. So what should you pay attention to? How can you get a divorce fairly quickly? Especially if there is no protest from the other half.

From the situation

The situation that takes place in the family plays a huge role. In some places, divorce takes place in a matter of days. In some cases, it drags on for many months. And the consequences also have to be sorted out for quite a long time.

That is why it is first worth paying attention to exactly what kind of development of events is taking place in a particular cell of society. How to quickly divorce your husband? The fastest way is mutual consent. Then you won't have to once again wait and seek the approval of your spouse. Therefore, the first piece of advice is to enlist the support of your significant other. It is likely that she is also not happy with the registered relationship.

Without property

To begin with, it is worth considering the simplest scenario for the development of events: when the marriage is not burdened by anything and the parties do not have any jointly acquired property or disputes regarding this issue. Then an urgent divorce is finalized within a month.

Citizens must contact the registry office at the place of registration of one of the parties. Certain documents are submitted there, then you need to wait a month. During this period, the husband or wife is able to withdraw the application for divorce. 30 days according to the law is a time of reconciliation.

As soon as it expires given period, the parties must return to the registry office at the appointed time (you can different time, not necessarily together) and get a divorce certificate there.

Documents that you need to bring with you to terminate the relationship (at the first visit):

• statement;
• passports of the parties;
• receipt of payment of state duty.

Property disputes (small)

How to get a divorce quickly? If we are talking about more serious relationship who were burdened with the purchase of common property, you will have to try. Especially if disputes arise during the separation.

Here you can break down property issues and divorce into several parts: small and large disputes. In the first case, it is recommended to negotiate. If this does not work out, then the initiator of the divorce must go to court.

There is no need to be afraid of this. You will need to write a claim and submit it with a certain list of documents to the district court (at the place of registration of one of the spouses). Bring with you:

• passports of the applicants (or one of them);
• marriage certificate;
• documents for joint property;
• a payment slip confirming payment of the state fee for divorce.

The minimum period for consideration of a case is 3 months. So much is allocated for the reconciliation of the parties. If they wish, citizens can withdraw the claim and not file for divorce.

Serious property disputes

Nevertheless, it often happens that people are determined. Then there is only one thing left to do - get a divorce. If we are talking about mutual consent, but the divorce process is burdened by serious property disputes (over 50,000 rubles), then you will have to go to the magistrate’s court.

There is no significant difference in actions. But, as practice shows, it is best to peacefully agree on the division of everything acquired together. And this normal phenomenon. It is recommended to conclude either in advance with a notary, or directly in court. Then you will be able to get a divorce without any problems.

The documents that must be submitted to the magistrate's court are the same as in the case of an appeal to the district authorities. Special attention should be paid. This is precisely why it is necessary to formalize the process in court.

Children

How to get a divorce quickly? It will not be possible to bring the idea to life in the shortest possible time if people have minor children. We are talking about having kids together. In this case, it can only be done in court. There is only one difference - in the absence of disputes regarding the residence of children, the dissolution of the relationship ends faster.

Were the parents able to agree on who the children should live with? Then a settlement agreement is concluded (preferably in advance, with a notary), after which the previously listed documents are submitted to the magistrate’s court. If there is a conflict, you will have to invite the guardianship authorities and additionally provide:

• income certificates;
• birth/adoption certificates (for any divorce);
• confirmation of housing availability;
• results of a medical report on health status.

In general, everything that will help indicate the well-being of the parents. In particular, those with whom the children are expected to live. This is a completely normal practice and should not be feared. Usually minors stay with their mother.

Newborns

How to get a divorce quickly? Practice shows that during his wife’s pregnancy and after childbirth, a man is not able to bring his idea to life. If he intends to terminate the officially registered relationship, he will have to persuade his wife to do so. A pregnant woman can file for divorce, but her husband cannot. And this right is retained primarily by the woman for a year from the birth of the baby.

Overall the process is no different. If both spouses agree, they contact the registry office with an application at the wife’s place of registration. If there are disputes, go to the magistrate or district court. The plaintiff must be a woman.

After the courts

Now it’s clear how to get a divorce quickly by mutual consent. However, what to do if a court decision has already taken place? Courts do not issue divorce certificates. This means that the corresponding document must be prepared.

As already mentioned, you need to come to the registry office. There are provided:

• certificates of court decision;
• application of the established form;
• identification documents of the parties;
• marriage and birth certificate of children (if available);
• receipt of payment of duty.

After this, employees will issue the corresponding document to each of the parties. can be picked up. Only after this can the process be considered 100% complete.

Price

What else do you need to pay attention to? The fact that divorce is not a free process. Just like getting married. As practice shows, citizens will have to pay for these procedures.

The cost of divorce in 2016 is 650 rubles. This amount is paid by one of the parties and is considered for both spouses. Not too much money.

In addition, the unspoken cost of divorce can include nerves and time (from 1 to 3 months minimum). Accordingly, if there are no encumbrances, the process will go quickly. But if you have children and common property, you will have to try hard. Now it’s clear how to get a divorce quickly in one case or another. It is recommended to think carefully about whether this is necessary. And just don’t submit a corresponding application to the registry office or the courts. Yes, you can pick it up within a month, but in this case it is unlikely that the relationship between the spouses will improve!