The term of divorce in administrative and judicial proceedings may vary significantly. According to the Russian Family Law, registration of a divorce at the registry office takes one month from the date of application. The first court hearing on termination of family relations also takes place one month after the adoption of the lawsuit. The decision to divorce can be made at the first hearing, but sometimes the process is delayed for a long time.
It is possible to expedite the process of divorce registration by preparing the necessary documents in advance and agreeing with the spouse about all disputed issues. Having reached mutual consent to terminate the marriage and having come to an agreement on with whom minor children will live after the divorce, the husband and wife may minimize time divorce.
If one of the spouses does not want to terminate the marriage, is not in the registry office to file an application or ignores the court hearing, speed up divorce prepared evidence will help that further family life is impossible. The arguments may be:
- characteristic of the defendant,
- medical certificates indicating the harmful habits of the second spouse,
- evidence that the plaintiff or defendant has a different family.
Is it possible to expedite a divorce through a registry office or court?
The terms of divorce in the civil registry office and in the court are regulated by the Family Law of the Russian Federation and the Civil Procedure Code of Russia. Having familiarized themselves with the rules for registering a divorce and the list of necessary documents, spouses can divorce as soon as possible.
And in that, and in another case, getting a divorce will quickly help the mutual consent of the husband and wife. They can agree on the date of the visit to the registry office, draw up an agreement on children and assure him of a notary public, sign a request for the defendant’s consent to terminate the marriage. All these steps will help to avoid delaying the design of a divorce.
It is necessary in advance to prepare and verify the documents that will be required in any instance:
- marriage certificate.
If spouses have children, birth certificates will also be required. Spouses can familiarize themselves with the sample applications for their correct preparation, determine the place of its submission: specify the address of the world or district court, the Multifunctional Center (MFC) or the registry office. Sometimes it is difficult for a husband and wife who are divorced in administrative order to agree on the date of the visit to the registry office. In this case, it is possible to accelerate the termination of family relations by submitting documents in electronic form on a single portal of State services.
Is it possible to get a divorce faster than in a month
According to paragraph 3 of Art. 19 of the Family Code of the Russian Federation, administrative divorce is possible no earlier than a month from the date of the application. This period is provided by law for the possible reconciliation of spouses and the preservation of the family.
The same period of time elapses from the day the claim is accepted in court. Thus, the minimum possible time for registration of termination of a marriage is one month. Get a divorce faster than during this period, not allowed.
The family law of Russia is aimed at protecting such values as family, motherhood, fatherhood and childhood. Therefore, between the date of filing an application with the registry office or a lawsuit, a time limit has been set for a possible compromise between husband and wife. Often, for the month prescribed by law, spouses decide to cancel the divorce. This is especially important for a family in which minor children are brought up.
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It is impossible to dissolve the marriage faster, even if the divorce occurs unilaterally in the civil registry office in the cases provided for in paragraph 2 of Art. 19 SK RF.
How to get a quick divorce
The main way to get divorced quickly at the registry office is to prepare all the documents in advance and pay the state fee on the day the application is submitted. Details for the "tax on divorce" are provided by the employee of the department, and you can pay the required amount without leaving the registry office using internet banking. In 2018, the amount of state duty is 650 rubles.
Preparedness and coordination of spouses' actions will help speed up divorce through the courts. Minimize the time for consideration of the case can:
- correctly composed statement of claimin which all relevant information will be indicated,
- calm and correct behavior at the preliminary and main hearings, reasoned position,
- notarized agreement of the spouses about which of the parents the common child will live with and what will be the procedure for his communication with the separately living parent,
- the presence of the plaintiff and the defendant at all appointed meetings and the voiced consent of the defendant to divorce.
Divorce is often complicated by the issue of child support or the division of the common property of the spouses. In the event that divorce needs to be expedited, these disputes may be resolved after the termination of the family union.
If both spouses agree to divorce
If both the husband and the wife agree to terminate the marriage, the registration of the divorce will take much less time. However, in the case when children under the age of eighteen are brought up in the family, divorce will occur judicially. For a decision to be made at the first meeting, the defendant may draw up a written petition, in which he indicates that he agrees to the termination of the relationship.
Help spouses and arrangements for children. The judge takes into account that the husband and wife act in the interests of their children, and the mutual desire to expedite the divorce proceedings proves that the preservation of the family and the continuation of the marriage is impossible.
Divorce in the registry office is only by mutual decision of the husband and wife, who do not have common children. Making a divorce in this case consists of just a few simple steps:
- joint visit to the registry office,
- payment by each spouse of the state fee for obtaining a certificate,
- filling out an application in form No. 9 and submitting documents,
- re-visiting the registry office at the appointed time in a month, obtaining a certificate of divorce.
In case of termination of the marriage union at the common desire of the spouses in the registry office, reason for divorce not specified. In court, it is sometimes necessary to report why the family cannot be saved. There are enough formal arguments: the loss of close relationships, the difference in life views and interests, a new family.
How to get a divorce quickly if you have a baby
Family law protects the interests of vulnerable citizens, who in the event of a divorce are minor children. Only the court can terminate the marriage of spouses who raise joint children. Depending on whether the parents were able to agree on where their child will live, a case may be considered. world (if agreement is reached) or district court (if it was not possible to agree).
In the first case, the divorce process will take a much shorter period of time. At the preliminary or main meeting, the judge will become familiar with written agreement, in which it is possible to indicate not only with which of the parents the common children will live, but also which order of communication with the other side the spouses have fixed.
If none of the agreements contradicts minor interests, the court may decide to terminate the family union at the first meeting.
Allow dispute about the child’s place of residence maybe only a district court. The divorce proceedings, coupled with the resolution of this issue, may be delayed, since the guardianship and trusteeship authorities and the child's teacher will be involved. For a correct assessment of living conditions, an examination will be required, and a conversation with a psychologist will help to find out the child's degree of attachment to parents and his emotional state. All of these activities can delay the decision to divorce. In addition, a judge may set a date for reconciliation between conflicting spouses.
A spouse who wants to divorce her pregnant wife before the birth of a common child of one year will also have to wait. Otherwise, the submitted application without the consent of the other party during this period of time will not be accepted for consideration. In addition, even with the mutual consent of the husband and wife, the divorce process in the first year of a child’s life can last several months: in most cases in this situation, the spouses are assigned the maximum period for reconciliation - three months.
How to quickly file a divorce through the registry office?
Divorce period: 1 month and not less! This term cannot be shortened.
To divorce the registry office, the husband and wife must apply with a joint application for the termination of marriage. To divorce, the presence of both spouses is required. The amount of state duty for registration of divorce is 650 rubles, payable by each of the spouses.
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What needs to be done in order to quickly file a divorce through a court?
1. Try to convince the spouse of the need for a divorce, if he objects to the termination of marriage.
IMPORTANT: If one of the spouses protests in court and insists on maintaining the relationship, the court can give 3 months for reconciliation.
2. Settle pre-trial disagreements about children.
Try to resolve the dispute about the children of the world by agreeing with your spouse about who the child will live with after the divorce and what the order of communication of both parents will be with him.
The court decision on this issue can drag on for several months, and even negatively affect the child: conversations with psychologists and various examinations aimed at establishing the attachment of the baby to a particular parent will not add to his health. If agreement on children is reached, the consideration of the case, the adoption of a decision and its entry into force will not take more than two months.
An agreement on children can be (and should be!) Drawn up in writing, certified by a notary and submitted to the court in order to avoid additional questions and delays.
3. Do not submit a claim for the division of property in a divorce application.
The law allows you to require the division of jointly acquired property at any stage of the relationship: both before the divorce, and during or even after. Section (especially real) property will increase the period of consideration of the case by months, especially if the court will appoint an examination to assess the property or determine possible options for a real division of real estate.
4. If the second spouse has filed a counterclaim to challenge paternity in order to evade child support - insist on separating it into a separate proceeding and demand an early divorce
When you can’t get a quick divorce?
If the wife does not agree to a divorce, and is pregnant or less than a year has passed since the birth of the child, neither the registry office nor the court will be able to separate the spouses. Divorce in accordance with Art. 17 of the RF IC in this case will be possible either after obtaining the consent of the wife, or after one year from the date of birth of the child.
How to quickly get a divorce if there is a child or no children?
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Package of documents for divorce in the registry office
If you are applying for a divorce in person, you will be required to:
- passports of both spouses,
- receipts confirming payment of state duty (from both spouses),
- a divorce application, completed on the model,
- original marriage certificate.
An application for divorce may be submitted by one of the spouses, if the second cannot appear in person.
To do this, the registry office will request the following documents:
- a completed divorce application (only its own party), certified by a notary,
- receipt of payment of a divorce fee,
- Marriage certificate,
- passport of the second spouse,
- a statement of divorce filled by him on his behalf.
One of the spouses submits this package of documents to the registry office. Notarized power of attorney is not required for this. You can issue a power of attorney to your spouse or relative if you want him to receive a divorce certificate for you and give it to you.
If you want to receive it personally, you can come to the registry office any day after the official divorce and pick up the certificate by presenting your passport.
The law provides for several cases in which you can divorce in the registry office without the consent of the second spouse:
- if the spouse is sentenced to more than 3 years,
- listed as missing, or the court declared him dead,
- by court decision deprived of legal capacity.
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 in a month.
The termination fee is 150 rubles for 2016 (per spouse).
Package of documents for the court
If you have young children, you will definitely have to go to court for a divorce. To do this, you need to collect the following package of documents:
- a photocopy of the plaintiff’s passport (2-3 and 4-5 pages of the passport - with the plaintiff’s data and registration),
- marriage certificate (original and copy),
- receipt of payment of the fee for the consideration of the claim (details can be obtained in court at the place of appeal),
- a petition for divorce in any form or written on the model (can be obtained in court),
- birth certificate of the child (ren),
- a statement of the absence of material claims (if there are none),
- agreement on the division of spouses' property (notarized),
- amicable agreement on the procedure for raising a child and the amount of alimony.
The last three documents will significantly speed up the process of divorce through the court. Usually it is delayed if the spouses have property disputes, disputes about the amount of alimony or the procedure for raising children.
The size of the state duty for considering a claim for divorce is 600 rubles for 2016.
How to get a divorce as soon as possible
The easiest and fastest way to get a divorce is the registry office. But it is suitable if there are no disputes between the spouses about the property and they do not have minor children.
The process of collecting documents for divorce in the registry office does not take more than 1 business day, and the consideration of the application takes place within a month.
If you do not apply to the registry office during the wedding season, when its employees have free time, the date of divorce may be set earlier. If you have good reason why the marriage should be dissolved in a shorter time, you can notify the registry office. In most cases, practice shows that they are willing to meet with such requests.
For a divorce, the court will have to have patience and the necessary documents to expedite the process. In this case, the lawsuit takes no more than one month. Further, the spouses are given from 1 to 3 months for a possible reconciliation of the parties.
There is an important nuance here - you can refuse this term at a court hearing. It should be explained (and it is better to indicate in the application for divorce) that the marriage relationship has actually been terminated, reconciliation of the parties is impossible. Indicate that you ask to terminate the marriage as soon as possible.
If you have already developed a new relationship and you live in a civil marriage, it should also be noted in the statement of claim.
On average, you can get a divorce through a court in 1-3 months, provided that the second spouse is duly notified of the lawsuit and does not evade the appearance of the meeting.
Registry office or court: where to go for a divorce
Which registry office should I contact? At the place of residence, or in the one where the marriage was registered.
Duration of divorce: up to 1 month.
It is necessary to go to court for divorce if one of the spouses is against divorce or evades marriage, in the presence of common minor children and property disputes.
Which court to apply to? If there are no disputes about children, to the magistrate's court. If issues with children cannot be resolved on their own - to the district.
The appeal is made at the place of residence of the defendant, or at the place of residence of the plaintiff if there is a good reason (living with a minor child, illness, inability to travel to the place of residence of the plaintiff).
Term of divorce: 1-3 months from the date of filing the claim.
If you still have questions, you can ask them in the comments to this article.
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