Topics

Dissolution of marriage (Divorce). Divorce application. How to file a divorce in court? How to get a divorce if you have a child?

Termination marriage through the court without the participation of the client: +7 (495) 722-99-33
This article has been prepared for you by the specialists of the Planet of the Law International Center for Legal Research.Please note that divorce is not always a simple procedure. There are many issues associated with the dissolution of marriage, which are very difficult to sort out without the help of a specialist.We are ready to provide you with any assistance related to the dissolution of marriage. Introductory telephone consultation - free of charge, call at any time convenient for you, calls are received by specialists with experience of 10 years. +7 (495) 722-99-33

"Divorce through the registry office" (Conditions and procedure for dissolution of marriage in the civil registry offices of Moscow and the Moscow region).

The family legislation of Russia provides for the following grounds for the termination of a marriage (divorce), associated with the onset of strictly defined legal facts, namely:
- death of one of the spouses;
- declaration by the court of one of the spouses as deceased;
- dissolution of marriage at the request of one or both spouses, as well as at the request of the guardian of the spouse, recognized by the court as incompetent.

The procedure for dissolution of marriage is provided for in Article 18 of the Family Code of the Russian Federation. The dissolution of a marriage is fully controlled by the state and carried out exclusively by state bodies: civil registry offices (civil status records) or by a court decision in cases expressly provided for by the Family Code of the Russian Federation.

The procedure for dissolution of marriage (divorce) is strictly regulated by the Family Code of Russia and does not depend on the wishes of the spouses.

In the event of an administrative dissolution of a marriage (divorce), both in Moscow and the Moscow Region, and throughout Russia, the registry offices do not investigate the reasons for the dissolution of a marriage (divorce), do not ask questions about the possibility or impossibility of preserving the family, and do not provide spouses with the opportunity to reconcile. The procedure for dissolution of marriage (divorce) in the registry offices is extremely simple and not costly either financially or in terms of wasting time.

Divorce in the registry office (divorce through the registry office) is possible

1. If there is mutual consent of both spouses to divorce (divorce by mutual consent).
2. If the spouses wishing to dissolve the marriage do not have common minor children.

The mutual consent of spouses who do not have common minor children to dissolve the marriage (divorce) is confirmed by a joint written application, on the form of the established form, which is submitted to the registry office at the place of residence of the spouses (or one of them), such an application "On divorce" can be filed and at the place of state registration of marriage.

If one of the spouses cannot appear at the registry office to file a joint application for divorce (divorce) for a good reason (serious illness, military service, long business trip, living in a remote or hard-to-reach area, etc.), then it is possible to issue separate applications for dissolution of marriage (divorce). The signature of the absent spouse must be certified by a notary.

However, in accordance with paragraph 3 of Art. 19 of the Family Code of the Russian Federation, the registry office still has the opportunity to indirectly influence the decision of the spouses on the dissolution of the marriage (on divorce), since the legislator has set a one-month period, only after which the state registration of the dissolution of the marriage (divorce) is carried out and the issuance of the appropriate certificate of divorce to the spouses (on divorce). The course of the specified monthly period begins on the next day after the spouses submit an application for divorce to the registry office. If the expiration of a monthly period falls on a non-working day, the expiration date of the specified period shall be the next business day following it.

If within a month the application for dissolution of marriage (about divorce) is not withdrawn, one of the spouses must again appear at the registry office, where a record of the dissolution of marriage is made and a certificate of dissolution of marriage is issued, while a mark is made in the passports of the spouses about the dissolution of the marriage. Dissolution of marriage (divorce) through a representative is not allowed.

Dissolution of marriage (divorce) at the request of one of the spouses.

The registry office may dissolve a marriage (make a divorce) at the request of one of the spouses, regardless of whether the spouses have common minor children, if the other spouse:
1. Recognized by the court as missing,
2. Declared legally incompetent by the court,
3. Sentenced for committing a crime to imprisonment for a term of more than three years.

Recognition as missing.

Recognition of a person as missing is carried out exclusively in a judicial proceeding. The grounds for recognizing a citizen as missing are provided for by the Civil Code of the Russian Federation. The possibility of recognizing a citizen as missing is admissible if during the year at the place of residence of the citizen there is no information about the place of his stay. If the day of receipt of the latest information about the missing person is not established, the beginning of the calculation of the one-year period is considered to be the first day of the month following the one in which such information was received, and if it is impossible to establish this month, the first day of January of the next year. An application for recognizing a citizen as missing is submitted to the court by an interested person in accordance with part 1 of Art. 42 of the Civil Code of the Russian Federation.
Features of consideration by the court of a case on recognizing a person as missing are provided for by civil procedural legislation. The application is submitted to the court at the place of residence or location of the person concerned. The consideration of the case takes place with the obligatory participation of the prosecutor. Based on the results of the trial, a decision is made to recognize the citizen as missing.
If a citizen appears or his place of residence is discovered, the court cancels the earlier decision by a new decision, and the property remaining by this time is returned to the person who was previously recognized as missing. As for marriage, in this case it can be restored by the registry office upon a joint application of the spouses, if the other spouse has not entered into a new marriage, which is provided for in paragraph 2 of Art. 26 of the Family Code of the Russian Federation.

Recognition of the spouse as incompetent.

Recognition of a citizen as incapacitated occurs only in court if, due to a mental disorder, he cannot understand the meaning of his actions, or manage them, which is provided for by Article 29 of the Civil Code of the Russian Federation. Any adult member of his family, close relative, body of guardianship and guardianship, psychiatric or neuropsychiatric institution in which the person is kept may apply for recognition of a person as incapacitated.
The decision taken by the court to recognize a citizen as incapable is the basis for establishing guardianship over a person and appointing a guardian for him by the guardianship and guardianship body, who is obliged to represent the interests of an incapacitated person in relations with third parties.

The presence of a guilty verdict of the court on the conviction of one of the spouses for committing a crime to imprisonment for a term of more than three years.

Since the sentence of one of the spouses to long-term imprisonment (for a period of more than three years) often negatively affects the preservation of a marriage and the development of normal marital relations, a spouse who is officially married to a person sentenced to imprisonment for a term of more than three years is granted the right dissolve the marriage in a simplified manner, through the registry office, by submitting an appropriate application and supporting documents (a court verdict that has entered into legal force).

In accordance with Art. 24 of the Law of the Russian Federation "On acts of civil status", the registry office performs state registration of divorce after one month after the filing of the application.

If by the time the divorce is registered, the circumstances that served as the basis for filing a unilateral application disappear (the spouse has been released, or his legal capacity has been restored, or the missing spouse has appeared), the marriage can only be dissolved in a general manner. In this case, the registry office is not entitled to register a divorce at the request of one spouse.

All disputes about the division of the common property of spouses who have decided to dissolve the marriage, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or sentenced for committing a crime to imprisonment for a term of more than three years, are considered in court regardless of the dissolution of marriage in the registry office, which is expressly provided for in Article 20 of the Family Code of the Russian Federation.

"Divorce through the court" (Conditions and features of divorce in court. Persons authorized to file a claim for divorce with the court)

How to file a divorce in court?

Dissolution of marriage in court (divorce through court) is carried out only if there are grounds provided for in Article 21 of the Family Code of the Russian Federation:
1. If the spouses have common minor children,
2. In the absence of the consent of one of the spouses to the dissolution of marriage (to divorce),
3. If one of the spouses, despite the absence of objections, evades the dissolution of marriage (divorce) in the registry office.

Persons authorized to file a claim for dissolution of marriage (divorce) with the court:

1. Spouses. It should be noted here that, in accordance with Article 17 of the Family Code of the Russian Federation, a husband does not have the right, without the consent of his wife, to initiate a divorce case (on divorce) during his wife's pregnancy and within a year after the birth of a child. In addition, in accordance with the resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 No. 15 “On the application of legislation by the courts when considering cases of divorce”, this provision also applies to cases where the child was born dead or died before reaching the age of one year .
As a rule, the spouse who files a divorce (divorce) lawsuit appears in court as a plaintiff, and the other spouse as a defendant.
2. The guardian of the spouse recognized by the court as legally incompetent.
3. Prosecutor and other persons.

The prosecutor has the right to bring an action for dissolution of marriage (for divorce), when this is required by the interests of an incapacitated or missing person. This provision is based on the Law "On the Prosecutor's Office of the Russian Federation", according to which the prosecutor has the right to bring a claim in any civil case in defense of the rights and legally protected interests of others, and complies with the current civil procedural legislation.

Jurisdiction in cases of dissolution of marriage (divorce).

Before filing a claim for dissolution of marriage (divorce), it is necessary to find out the jurisdiction of each specific civil case for dissolution of marriage (divorce), in other words, to determine which court or which justice of the peace to go to.
Jurisdiction is determined in accordance with Article 113 of the Code of Civil Procedure of the Russian Federation, according to which all civil cases, including those arising from family legal relations, are considered by district (city) courts. However, a certain part of divorce cases (divorce cases) are considered by magistrates of territorial judicial districts.
In accordance with Article 23 of the Code of Civil Procedure of the Russian Federation and Article 3 of Federal Law No. 188 FZ of December 17, 1998 “On Justices of the Peace in the Russian Federation”, divorce cases (on divorce), if there is no dispute between spouses about children, on division between spouses jointly acquired property, and other cases arising from family law relations are considered by justices of the peace. Justices of the peace are not authorized to consider cases on establishing or challenging paternity, deprivation of parental rights, adoption (adoption).

According to the general rule of territorial jurisdiction, suits for the dissolution of marriage (divorce) are filed with the court at the place of residence of the defendant, in accordance with Article 28 of the Code of Civil Procedure of the Russian Federation. However, in accordance with part 4 of Art. 29 Code of Civil Procedure of the Russian Federation, an application for dissolution of marriage (divorce) may be filed with a magistrate at the place of residence of the plaintiff, in the presence of the following circumstances:

1. If there are minor children with the plaintiff wishing to dissolve the marriage, and the legislation does not contain a requirement for the biological relationship of these children with the plaintiff. In this case, it is necessary to submit to the court a certificate from the place of residence (an extract from the house book), where minor children are indicated as persons living together with the plaintiff.

2. If, for health reasons, the departure of the plaintiff to the place of residence of the defendant in the case of dissolution of marriage (on divorce) seems difficult for him. To confirm the above circumstances, it is necessary to submit to the court an appropriate medical certificate or certificate of disability (pension certificate).

Article 32 of the Code of Civil Procedure of the Russian Federation also provides for contractual jurisdiction, according to which spouses can change the territorial jurisdiction of a divorce (divorce) case by agreement between themselves. The plaintiff and the defendant may, by agreement between themselves, change the territorial jurisdiction for this case before the court accepts it for its proceedings. The agreement of the spouses on the place chosen by them for the consideration of their divorce case (dissolution of marriage case) must be drawn up in writing and submitted to the court before the court accepts the case for its proceedings.

Divorce Application (Petition for Divorce). Compilation and submission procedure.

The statement of claim for divorce (on divorce) must comply with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation, contain:
- the name of the district (city) court or the justice of the peace of the relevant judicial district, to which the claim for dissolution of marriage (on divorce) is filed;
- the name of the defendant in the case of divorce, his place of residence;
- reasons for the impossibility of preserving the marriage (reasons for divorce) from the point of view of the plaintiff;
- the circumstances on which the plaintiff bases his claims and evidence confirming these circumstances;
- information about the impossibility of dissolution of marriage (divorce) through the registry office;
- a list of documents attached to the application for dissolution of marriage (divorce).

In addition to the general requirements listed in Article 131 of the Code of Civil Procedure of the Russian Federation, the statement of claim for divorce (on divorce) should indicate:

When and where the marriage was registered;
- Are there common children, their age;
- whether the spouses have reached an agreement on their maintenance and upbringing;
- in the absence of mutual consent to divorce - the motives for divorce (the reasons for divorce are not fixed by the Family Code of the Russian Federation. The most common causes of divorce are adultery, alcohol abuse (alcoholism), sexual dissatisfaction, gambling, drug addiction, mismatch of vital interests, financial disagreements , violation of the terms of the marriage contract).
- are there other claims that could be considered simultaneously with the claim for dissolution of marriage (divorce);
- other information relevant to the consideration of a court case on divorce.

What documents are needed for a divorce through the court?

The list of documents attached to the statement of claim for divorce includes:

A copy of the statement of claim for divorce for the defendant;
- marriage certificate;
- copies of birth certificates of children;
- a receipt for payment of the state fee (200 rubles, in accordance with subparagraph 5 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation. Claims filed by a guardian or prosecutor are exempt from payment of the state fee in accordance with paragraphs 9 and 17 of part 1 of Article 333.36 of the Tax Code Russian Federation;
- information on earnings and other sources of income of the spouses (if a claim for the recovery of alimony is filed);
- an inventory of the property of the spouses jointly acquired during the marriage (if a claim is made for the division of jointly acquired property);
- various types of petitions and statements of the plaintiff (for example, a petition for the court to take measures to secure a claim, a petition for a deferral or installment payment of the state fee, together with relevant documents confirming the unfavorable financial situation of the plaintiff (certificates of delay in payment of wages, on the amount of received scholarships or pensions).

Filing a Petition for Divorce (Application for Divorce)

Refusal of the court to accept the statement of claim for divorce.

In accordance with Article 134 of the Code of Civil Procedure of the Russian Federation, the judge refuses to accept a statement of claim for divorce (as well as any other), under the following circumstances:
1. An application for divorce is not subject to consideration and resolution in civil proceedings, because:
- is considered and resolved in a different judicial procedure;
- the application is submitted in defense of the rights, freedoms or legitimate interests of another person by a state body, local government body, organization or citizen who is not granted such a right by the current legislation;
- in an application submitted on its own behalf, acts are contested that do not affect the rights, freedoms or legitimate interests of the applicant;
2. There is a valid court decision on a dispute between the same parties, on the same subject and on the same grounds, or a court ruling to terminate the proceedings in connection with the plaintiff's refusal of the claim or the approval of the settlement agreement of the parties;
3. There is an arbitral tribunal decision, binding on the parties and adopted in a dispute between the same parties, on the same subject and on the same grounds, except in cases where the court refused to issue a writ of execution for the enforcement of the arbitral tribunal's decision.

Return by the court of a statement of claim for divorce (divorce).

The list of circumstances under which a judge returns a statement of claim for divorce (on divorce) is set out in Article 135 of the Code of Civil Procedure of the Russian Federation:

1. The plaintiff did not comply with the pre-trial procedure for settling the dispute established for this category of disputes or stipulated by the agreement of the parties, or the plaintiff did not submit documents confirming compliance with the pre-trial procedure for settling the dispute with the defendant, if this is provided for by federal law for this category of disputes or by the agreement;
2. The case of divorce is not within the jurisdiction of this court;
3. The statement of claim for divorce was filed by an incompetent person;
4. The statement of claim for divorce is not signed or signed and filed by a person who does not have the authority to sign it and present it to the court;
5. In the proceedings of this or another court or arbitration court there is a case on a dispute between the same parties, on the same subject and on the same grounds;
6. An application was received from the plaintiff for the return of the statement of claim for the dissolution of marriage (on divorce) before the issuance of a court ruling on the acceptance of the statement of claim for court proceedings.

Leaving the statement of claim for the dissolution of marriage (about divorce) without movement

If the statement of claim for dissolution of marriage (divorce) has any shortcomings, does not contain the necessary information, the necessary documents are not attached to it, the judge issues a ruling on leaving the application for dissolution of marriage (about divorce) without movement, informs the person about this , who filed this statement of claim for divorce and provides him with a reasonable time to correct the above deficiencies.
If, within the period established by the judge, the applicant eliminates the shortcomings of the statement of claim for dissolution of marriage (divorce) listed in the court ruling, provides the court with all the necessary information and requested documents, the application is considered filed on the day of its initial submission to the court. Otherwise, the application for dissolution of marriage (divorce) is not considered filed, it is returned to the applicant with all the attached documents in accordance with Part 2 of Article 136 of the Code of Civil Procedure of the Russian Federation.

If the judge comes to the conclusion that the statement of claim for divorce (on divorce) filed by one of the spouses meets all the requirements of the civil procedural legislation of the Russian Federation and contains complete information necessary for the trial of the divorce case, he makes a ruling on accepting the statement of claim for divorce to production and proceeds to the stage of preparing the case on dissolution of marriage (on divorce) for trial.

Preparing a divorce (divorce) case for trial

After accepting the claim for dissolution of marriage (divorce), the judge proceeds to the stage of preparing the case for trial in order to ensure its timely and correct resolution. In addition to the decision on accepting the statement of claim for divorce for court proceedings, in fact, simultaneously with it, a decision is made on the preparation of the divorce case for trial. In a number of cases, the judge draws up one procedural document - a ruling in which the court decides two issues at once - on accepting the application for court proceedings and on preparing for the trial.

Explaining to the participants in the divorce proceedings their rights and obligations

The duty of the judge at the stage of preparing the divorce case for trial (as well as any other) is to explain to all participants in the trial their rights and obligations, which they are vested with by virtue of Articles 35, 38 and 39 of the Code of Civil Procedure of the Russian Federation. The knowledge and effective use by the parties of the divorce case of their rights during the trial allows them to successfully defend their position on the merits of the divorce case and influence the outcome of the divorce case as a whole.

Clarification of the factual circumstances of the divorce case

Having accepted the application for the dissolution of the marriage (divorce), the judge, in order to prepare the case for the dissolution of the marriage for trial, if necessary, calls the second spouse for a conversation and finds out his attitude to this application: does he agree to the dissolution of the marriage (divorce), are there he has objections to the breakup of the family, clarifies the factual circumstances that are important for the divorce case. In some cases, the judge may decide to conduct a conversation in the presence of both spouses.

Determination of the subject of proof and evidence base in the case of dissolution of marriage (on divorce)

In the course of preparing a divorce (divorce) case for trial, the court determines the evidence that each party must provide in support of its statements, as well as the evidence that must be presented by other participants in the civil process.
Features of proof in cases of divorce are determined by the specifics of family relations, which, first of all, are personal and lasting.
In cases of divorce, the judge must determine the subject of proof on the basis of articles 22, 23 of the Family Code of the Russian Federation. According to Art. 56 Code of Civil Procedure of the Russian Federation, the judge, having determined what circumstances are relevant for the divorce case, must explain to the spouses that each of them must prove the circumstances that they refer to as the basis for their claims and objections. To this end, it is necessary to explain to the parties what evidence they can confirm the circumstances indicated by them.

Issues related to raising children after divorce

The clarification at the stage of preparation for the trial of all issues related to the upbringing of common minor children of the spouses is due to a number of reasons.
Firstly, the courts need to take measures to protect the rights and interests of minor children of spouses who decide to dissolve their marriage (divorce).
Secondly, since the jurisdiction of the divorce case to the justice of the peace is determined precisely by whether the spouses have a dispute about children, the judge needs to find out whether the spouses have reached an agreement on the upbringing and maintenance of children in the event that the marriage between them is dissolved.
As a rule, the agreement of the spouses on the procedure for the further maintenance and upbringing of children after a divorce is drawn up in writing in the form of a separate document and submitted to the court along with the filing of a claim for divorce. It is possible to reach such an agreement and subsequently - at the stage of a preliminary court session. In this case, the agreement of the spouses is recorded in the minutes of the court session. The parties are invited to sign the text of the court protocol, in which this agreement is recorded.
If such an agreement between the spouses is not reached and there is a dispute about children, the divorce case ceases to be under the jurisdiction of the justice of the peace and is subject, by his determination, to referral and resolution to the district or city court of general jurisdiction. The decision to transfer the divorce case to another court may be appealed on appeal.

In addition to these actions, at this stage of the case, the judge must find out if the spouses have other contentious issues, explain what requirements can be considered simultaneously with the claim for divorce, for example, the division of common joint property. The judge must find out whether the spouses have reached an agreement on the division of the above property. If it turns out that there is no such agreement between the parties, then the judge, in order to determine the composition of the property, needs to request a number of relevant documents, for example, an act of inventory of the property to be divided, a certificate of the value of the property and other necessary documents.
Thus, at the stage of preparing a divorce case for trial, the decision by the judge of all emerging issues is subject to the goal of an optimal combination of the claims declared by the parties and the court's capabilities to resolve them within the framework of one trial. However, it is not uncommon for a judge to conclude that it is appropriate to separate claims. According to Article 151 of the Code of Civil Procedure of the Russian Federation, the judge separates one or more joint claims into separate proceedings if he recognizes that separate consideration of the claims would be appropriate.
Along with the division of claims, a situation is also possible when, in response to a claim for divorce, a counterclaim for recognizing the marriage as invalid may be filed. In this case, the judge, after checking whether the person who filed this counterclaim has the appropriate powers, accepts the application and prepares for the trial.
If the judge comes to the conclusion that the case has been sufficiently prepared, he shall issue a ruling appointing the case for trial. Thus, at the stage under consideration, the circle of persons involved should be determined; clarified and clarified their requirements, objections; established the range of facts relevant to the case; all required documents have been requested. The defendant, third parties shall be given a copy of the statement of claim. Also, all participants in the process are notified of the place and time of the court session in the appropriate form, as a rule, this is a court summons, which is served against receipt.

Notice of place and date of trial

As a rule, notification of the participants in the trial is carried out by handing them or sending them by mail court summonses, in which the following data should be recorded:
- a court case in connection with which a person is summoned to court;
- place of the court session;
- the time of commencement of the proceedings on the dissolution of the marriage.
It is these subpoenas that are attached to the case file and serve as the green light for the start of the trial.

Deadlines for litigation in divorce cases

According to the general rule of part 1 of Art. 154 Code of Civil Procedure of the Russian Federation, civil cases are considered and resolved by a justice of the peace before the expiration of one month from the date of acceptance of the application for proceedings. As for cases of divorce of spouses, here, according to part 2 of Art. 23 of the Family Code of the Russian Federation, the dissolution of a marriage in a judicial proceeding with the mutual consent of the spouses to a divorce must be carried out by the court no earlier than a month from the date the spouses filed an application for divorce.
If, in the course of the judicial review of the divorce case, the parties make additional demands, which in turn will entail a change in the jurisdiction of this case and its transfer to the district court, it should be borne in mind that the term for consideration of the case by the district court is up to two months from the date of receipt of the claim statements to the court. Postponement of divorce proceedings.
A. Postponement of the case due to the failure to appear for a good reason of one or both spouses or their representatives.
B. Postponement of the case due to the presentation of a counterclaim by the second spouse.
C. Postponement of the case due to the need to present or require additional evidence.
D. Postponement of the case due to the need to involve other persons in the case or to perform other procedural actions.
E. Postponement of the case for the reconciliation of the spouses.
2. The difference between the adjournment of a court case and a break in a court session.
3. Order of the court session.
The procedural procedure for a court hearing in a divorce case is similar to the procedure for litigation in other categories of civil cases.

Stages of the trial.
Stage The preparatory stage of the court session.
Stage Consideration of the case on the merits.
Stage Judicial Debate.
Stage Reconciliation of the spouses during the trial of the divorce case.

One of the characteristic features inherent in the category of divorce cases and directly affecting the nature of the trial itself is the focus of the court proceedings on the reconciliation of spouses and the preservation of the family union, especially in situations where the spouses have common minor children. One of the effective means for solving the problem facing the court of preserving the family is the right of the court, enshrined in Russian procedural legislation, to postpone the proceedings on the dissolution of marriage in order to reconcile the spouses.
It is possible, at the request of the parties, to repeatedly postpone the trial of a divorce case, however, the total period provided for the purposes of reconciliation of the spouses should not exceed three months.
Termination of proceedings in the case in case of reconciliation of the parties.
If the measures to reconcile the spouses turned out to be ineffective and the spouses (one of them) insist on the dissolution of the marriage, then the court still dissolves the marriage (part 2 of article 22 of the RF IC).

Absence of the parties at the hearing

The court, as a rule, must decide the case with the participation of both spouses. Therefore, the proceedings on the case of divorce in the absence of one of the spouses can take place only if the court clarifies the validity of the reasons for the absence and if there is a written application from the spouse with a request (consent) to hear the case in his absence and indicating the reasons due to which he cannot appear at the court session.

Closed court session

As a general rule, civil cases are heard in all courts in open court (Article 10 of the Code of Civil Procedure). However, Part 2 of Art. 10 of the Code of Civil Procedure provides for the possibility of holding a closed trial on a reasoned court ruling in order to prevent the disclosure of information about the intimate aspects of the life of the persons involved in the case. It is in cases of divorce that such a need may actually arise, since marriage and family relations, first of all, are of a personal nature.
Termination of a divorced marriage. State registration of divorce.
After the entry into force of the court decision, the court, within three days, sends an extract from this decision to the registry office to register the divorce in the register of civil status acts. For state registration of dissolution of marriage, a state fee is charged.

Judicial resolution of disputes on the division of marital property (jointly acquired property of the spouses).

General grounds for resolving disputes on the division of matrimonial property.
The division of property belonging to the spouses on the basis of common property is possible both at the dissolution of the marriage, and before and after the divorce.
The main question that arises when considering cases on the division of property belonging to the joint property of the spouses is the determination of what specific property (objects, things, obligations) should be included in the division, what is its value and how it should be divided. The solution of this issue, first of all, depends on the establishment of the legal regime of property of the spouses. The legislation establishes two possible legal regimes of property of spouses: legal and contractual (the latter may include elements of the legal regime, the regime of separate property of spouses, etc.). It is the provisions of this legislation that are always taken into account when resolving cases of the category under consideration.

A) The contractual regime of property of spouses

The essence of the contractual regime of property of the spouses is that the marriage contract provides the spouses with the opportunity to change the statutory regime of joint property of the spouses to the regime of separate or shared property. To do this, the spouses need to make appropriate provisions in the content of the marriage contract.
It is especially important to provide for this condition in the marriage contract in cases where one of the spouses is engaged in housekeeping and raising children, as well as in the event of disability of one of the spouses. It should be borne in mind that a marriage contract cannot limit the right to receive maintenance (Article 89 of the RF IC):
- disabled needy spouse;
- wife during pregnancy and within three years from the date of birth of a common child, regardless of her need and ability to work;
- a needy (but not necessarily disabled) spouse caring for a common disabled child until the child reaches the age of 18 or for a common child disabled from childhood of group I.
Conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law cannot be the subject of a marriage contract.

B) The legal regime of property of spouses

If the spouses did not conclude a marriage contract, or there is no indication in it regarding the legal regime of property acquired by the spouses during marriage, then, as a general rule, it is their joint property (the legal regime of property of the spouses).
All property belonging to spouses can be divided into two categories: personal and common.
Procedural procedure for consideration of disputes on the division of the common property of the spouses.
Determination of the jurisdiction of the case on the division of property of the spouses.
Situation Judicial resolution of cases related to the upbringing of children
Classification of litigation related to the upbringing of children.
When parents exercise their rights and obligations, disputes of various kinds may arise regarding the upbringing of children. Firstly, each of the parents is simultaneously the bearer of the rights and obligations for raising a child, provided for in Articles 63, 64 of the RF IC. Secondly, in accordance with Art. 61 of the Family Code of the Russian Federation (Family Code of the Russian Federation) "parents have equal rights and bear equal obligations in relation to their children." Their implementation is carried out directly by each of the parents based on various social and economic factors, such as education, upbringing, material security, health status, belonging to a certain social class, and more.
Disputes about children are included in the category of marriage and family cases, along with cases on divorce, on recognizing a marriage as invalid, on the division of property of spouses, on the recovery of alimony for a spouse and other family members (except for children).
In turn, disputes about children in a broad sense combine the following types of cases:

1) Disputes about the upbringing of children between parents;
2) Disputes between parents or persons replacing them about the removal of children from third parties;
3) Special category of disputes;
4) Disputes about establishing the origin of children;
5) Disputes related to the recovery of child support;
6) Disputes related to the establishment of adoption and cancellation.

Judicial resolution of disputes of separated parents about the place of residence of the child upon dissolution of marriage (in case of divorce)

In accordance with the family legislation of the Russian Federation, when dissolving a marriage through a judicial procedure, spouses can submit an agreement for consideration by the court on which of them their minor children will live with.
In the event that there is no agreement between the spouses on the above issue, and also if it is established that this agreement violates the interests of the children or one of the spouses, the court is obliged to determine with which of the parents the minor children will live after the dissolution of the marriage between the spouses.
The dispute between parents is resolved by the court based on the interests of the children and taking into account their opinion, while the court takes into account the child's attachment to each of the parents, brothers and sisters, other family members, the age of the child, the moral and other personal qualities of the parents, the relationship that exists between each of parents and the child, the possibility of creating conditions for the child's upbringing and development (type of activity, mode of work of parents, financial and marital status of parents, etc.). It is important to keep in mind that the material advantage of the parent in itself is not an unconditional basis for satisfying his requirements to determine the place of residence of the child with him. The basis of the claim for determining the place of residence with one of the parents is not only and not so much the protection of the interests of the parents, but the protection of the rights and interests of the child. Therefore, it is not uncommon for cases when, despite a significant difference in the amount of income of parents, the court determines the place of residence of a child with a parent who has a lower income than the other spouse. This decision of the court is dictated by the fact that a more affluent parent has a busy working day or long business trips, which does not allow for proper care for a minor child and a full-fledged upbringing.
The circumstances characterizing the situation that has developed in the place of residence of each of the parents are also taken into account (for example, the level of crime in the corresponding locality, the possibility of obtaining education, medical care, the provision of housing with communal services in which the child can live, etc.).

Parent's statement of claim to determine the place of residence of the child

The statement of claim of the parent on the determination of the place of residence of a minor child after a divorce must contain:

The name of the court in which it is filed;
- the name of the plaintiff, his place of residence, as well as the name of the representative and his address, if the application is submitted by a representative;
- name of the defendant, his place of residence;
- the name of the third person (body of guardianship and trusteeship) to be involved in the consideration of the case, and its location;
- name of the child, date of birth and place of actual residence;
- a statement of what exactly is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff, and his requirements (i.e. violation of the plaintiff's right to personal upbringing of the child, violation of the child's interests in obtaining appropriate upbringing, education, living in more favorable conditions for him, etc.);
- the circumstances on which the plaintiff bases his claims, and the evidence supporting these circumstances;
- list of documents attached to the application;
- Signature of the applicant.
The filing of a statement of claim and its acceptance for judicial review is carried out on the general basis provided for by the Code of Civil Procedure of the Russian Federation. Statements of claim to determine the place of residence of a child are considered by federal (district, city) courts within two months from the date of receipt of the application by the court.

Preparing a divorce case for litigation

When preparing a case for consideration at a court session, the court determines the circumstances that are important for resolving the dispute that has arisen and are subject to proof by the parties, pays special attention to those that characterize the personal qualities of the parents or other persons raising the child, as well as the established relationship of these persons. with baby.
In accordance with Articles 56, 148 of the Code of Civil Procedure of the Russian Federation, the courts, as a rule, refer to the important circumstances subject to proof by the parties:
- attachment of the child to each of the parents, brothers and sisters, other family members;
- age of the child;
- moral and other personal qualities of parents (characterizing their data, the level of education of parents, whether they have a job, in case of absence - the reasons for unemployment);
- the relationship that exists between each of the parents and the child (how do parents fulfill their parental responsibilities in relation to children, how do they take into account their interests, is there mutual understanding between each parent and child);
- the possibility of creating conditions for the child's upbringing and development (type of activity, mode of work of parents, financial and marital status of parents, etc.);
- circumstances characterizing the situation that has developed in the place of residence of each of the parents (the level of crime in the corresponding settlement, the possibility of obtaining education, medical care, the provision of public services for housing in which the child can live, the level of morbidity of the population, the environmental situation in the area of ​​settlements and etc.).
When preparing a case for its consideration in a court session, the court, first of all, is obliged, in accordance with Article 78 of the RF IC, to decide on the participation of the guardianship and guardianship body in the court session. The role of guardianship and guardianship authorities in resolving such cases can hardly be overestimated. In practice, guardianship and guardianship authorities, even before the case is brought to court, as a rule, take part in overcoming disagreements about communication between parents. The dispute is resolved by the court with the obligatory participation of the guardianship and guardianship authorities, which give their opinion on behalf of the court (Article 37 of the Code of Civil Procedure of the Russian Federation and Article 78 of the RF IC), and not at the request of the parents. When preparing the conclusion, the guardianship and guardianship authorities can contribute to the conclusion of an agreement between the parents, the peaceful settlement of the differences existing between them. Their judgments, based on an assessment of specific circumstances from a pedagogical point of view, are of particular value. In addition, the participation of guardianship and guardianship authorities in a case where a dispute between parents is resolved by a court serves as an additional guarantee of protecting the child's right to communicate with parents (one of them).
The conclusion of the guardianship and guardianship authority is a detailed analysis of all the circumstances that are drawn to the attention of the RF IC. It should be noted, however, that paragraph 2 of Art. 78 of the RF IC directs such a body to conduct a survey of the living conditions of the child and the person applying for his upbringing. Other facts may also appear in such a document that deserve the attention of the examiner, who, as a rule, acts as an inspector for the protection of children's rights or another person on his behalf. For each specific case, only one conclusion is given, prepared by the guardianship and guardianship body that has the appropriate order from the court. The conclusion of the guardianship and guardianship body becomes official after it is signed by the examiner, based on the rules formulated in paragraph 1 of Art. 34 of the Civil Code of the Russian Federation and paragraph 2 of Art. 121 of the RF IC, the head of the local self-government body or an authorized official of the subdivision of the local self-government body, which is entrusted with the implementation of the functions of protecting the rights of children, whose signature is certified by a seal. In addition, the opinion of the guardianship and guardianship body on the dispute considered by the court is expressed by its representative at the court session.

Judicial resolution of disputes on the exercise by a parent living separately from the child of his right to communicate with him

A parent living separately from the child has the right to communicate with the child, participate in his upbringing, and resolve issues related to his education. The parent with whom the child lives must not prevent the parent living separately from communicating with the child, unless this parent has a negative impact on the spiritual, moral and physical development of the child. A parent living separately from the child also has the right to receive information about their child from educational, medical institutions, social protection institutions and other similar organizations. This rule is of no small practical importance, since it is not uncommon for various organizations to refuse to provide a parent with documents of a non-underage child (medical card, school certificate, etc.). This refusal is against the law. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent.
The communication of a child with a parent living separately should not be formal, be in the nature of episodic meetings. There must be constant, systematic contact between the parent living separately and the child. Such communication should contribute to the full upbringing of the child, his development, since the communication of the child with his parents, and the parents with their children, serves to satisfy the vital needs of both minors and adult family members.
If the parents cannot agree on the procedure for communicating with the child, any of the interested parties has the right to go to court to resolve the dispute. When considering such a claim, the court must take into account, first of all, the interests of the child, his age, state of health, attachment to each of the parents, and also whether communication with him by a parent living separately will harm the child.

Preparing a case for trial

When preparing cases of this category for trial, the judge, as well as in other disputes related to the upbringing of children, determines the circumstances that are important for resolving the dispute that has arisen and are subject to proof by the parties, pays special attention to those that characterize the personal qualities of the parents or other persons raising the child, as well as the existing relationship of these persons with the child. In the process of preparing the case for trial, the guardianship and guardianship body is instructed to conduct an examination of the residential premises where the child lives and the parent who claims to determine the procedure for communicating with him. The body of guardianship and guardianship is obliged to submit the relevant acts and conclusion to the court, which will evaluate them in conjunction with all the materials of the case.

Judgment on the case on determining the procedure for communication with the child of a parent living separately from him

The execution of a court decision to remove obstacles to communication with a child is carried out in accordance with Art. 79 of the Family Code of the Russian Federation in the manner prescribed by the Federal Law of July 21, 1997 "On Enforcement Proceedings", civil procedural legislation, as well as other federal laws governing the conditions and procedure for the enforcement of judicial acts.
When executing the decision made by the court, the interests of the child should be observed to the maximum extent, situations in which the child will be harmed morally or physically should be excluded.
Execution of a court decision to remove obstacles to communication with a child is carried out by a bailiff (clause 1, article 79 of the RF IC, clause 4, article 3 of the Federal Law "On Enforcement Proceedings").
In case of non-compliance with the court decision, the parent with whom the child lives shall be liable under the civil procedural legislation. A parent who opposes its implementation is subject to measures obliging the execution of a court decision - a fine in the amount of up to 200 minimum wages (clause 1, article 85 of the Federal Law "On Enforcement Proceedings").