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How to file a plaintiff for divorce if the defendant spouse is opposed to divorce

Natalia Kaptsova


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As you know, divorce is a very difficult situation from a moral point of view. No matter how calm the former spouses may seem, both of them, one way or another, will experience psychological stress. From the legal side, the divorce procedure can also be quite complicated - especially if the couple managed to acquire common property, have children.

Divorce procedure

When a situation develops in a family that divorce is inevitable, very often the spouses do not know where and how to file for divorce.

The questions of how to write a statement, what documents will be required for this process, how long the divorce procedure takes, also cause difficulties.

Keep in mind: if the spouses come to such a decision by mutual agreement, and the couple has no minor children in common, then the marriage is dissolved after a written statement from the couple in the registry office, without a lawsuit.In the same way, a marriage is dissolved if one spouse is convicted by the court, having received a term of imprisonment for more than 3 years, if one spouse is missing, or is declared legally incompetent.

Under the same conditions, both spouses - or one of them - may file for divorce. through the website of the State Service.

In all other respects, divorce is carried out through a judicial procedure (according to the Family Code of the Russian Federation, article 18).

  • If only one of the spouses requests a divorce , and the property jointly acquired by the couple does not exceed the amount of 100 thousand rubles, if one spouse does not come to the registry office, not agreeing to a divorce, then such marriages are dissolved through the magistrate (according to the Family Code of the Russian Federation, articles 21-23).
  • If the couple already has minor children , or in cases where the property of the spouses at a cost of more than 100 thousand rubles, the dissolution of the marriage occurs through a procedure in the district court (according to the Family Code of the Russian Federation, Articles 21-23). All property or other disputes between divorced spouses are considered only in court (according to the Family Code of the Russian Federation, article 18).

The termination procedure itself begins with the filing of a joint statements spouses — or with a statement from one spouse. This application must be submitted to the registry office or to the magistrate's court, the district court located at the place of passport registration (registration) of the defendant.

However, there are special exceptions in Russian legislation when an application for divorce can be submitted at the place of passport registration, place of residence of the applicant's spouse.

  • Divorce occurs after 1 month , counting from the date of filing a claim for divorce to the registry office.
  • If the spouse is pregnant , or if a woman has a child under the age of 1 year, the court does not accept an application for divorce from her spouse (according to the Family Code of the Russian Federation, article 17). The spouse can submit to the court her application for divorce (divorce) at any time, without restrictions.
  • Usually, divorce proceedings are open to the public ... In some cases, when the court will consider the intimate aspects of the life of the spouses, the court sessions may be closed.

If in the course of the court disputes arise between the former spouses about children or jointly acquired property, the divorce proceedings can last from 4 to 6 months.

Stages of the divorce procedure

  • Collection of documents required for the divorce procedure.
  • Direct submission of a correctly drawn up application for divorce (divorce), the necessary documents to the registry office or to the court.
  • The presence of the plaintiff at the hearing; notification of the defendant about each court session.
  • If the court determined a month for the spouses to reconcile the parties, but then the spouses did not appear at the hearing on their divorce suit, then the court has the right to annul this claim and recognizes these spouses as reconciled.

Documents required for divorce

Application to the registry office or court ... The application of spouses or one spouse is submitted only in writing (in a special form). In this application, the spouses must confirm that they voluntarily agree to the dissolution of this marriage, and also that they have no minor children (in common).

V a statement of claim, which is submitted to the registry office, must be indicated:

  • Surnames that spouses keep for themselves after a divorce.
  • Date of writing the application.
  • Signatures of both spouses.

V statement of claim submitted by the plaintiff to the court, must be indicated:

  • Passport data of both spouses (name, date of birth, place of birth, registration, actual place of residence, citizenship).
  • Data of the marriage registration document of the spouses.
  • Reasons for divorce.
  • Information about claims ((children), division of joint property, dispute about determining the place of further residence of a minor child (children), etc.).

Application to court filed at the place of permanent residence (registration) of the defendant. If the defendant spouse is not a citizen of the Russian Federation, or does not have a place of residence in Russia, his place of residence is unknown, then the plaintiff's statement of claim shall be submitted to the court located at the place of last residence of the defendant in Russia, or at the place where the defendant's property is located ... Passports of the spouses, their copies, a document on the conclusion of marriage (marriage certificate of the spouses) are attached to the claim-statement of the plaintiff for divorce.

If an application for dissolution of the current marriage by the spouses is submitted to the magistrate court, the district court, then the following documents are required:

  • Copies of the original statement of claim for divorce (by the number of defendants, third parties).
  • Bank receipt confirming payment of the mandatory state duty for the divorce procedure (details are to be specified in court).
  • If the plaintiff is represented in court by a representative, it is necessary to present a document or power of attorney that certifies his authority.
  • If the plaintiff puts forward any requirements, all necessary and important documents confirming all the circumstances, as well as copies of these documents for all defendants, third parties, must be attached to the divorce application.
  • Documents that confirm the implementation of the pre-trial procedure for resolving this dispute.
  • The plaintiff must prescribe the amount of money that he intends to receive from the defendant (necessarily - copies according to the number of defendants in the court).
  • A marriage document (or a duplicate).
  • With common minor children, the spouses have documents on the birth of children (certificates), or a copy of the birth document (certificates), certified by a notary.
  • Extract from the housing office at the place of residence of the defendant spouse (from the "house book"). In the course of the court, in some cases, an extract from the housing office (from the "house book") of the plaintiff himself is also required.
  • Certificate of income of the defendant (if the court is considering a claim for alimony).
  • If the defendant agrees to the divorce procedure (to divorce), it is necessary to provide his written statement about this.
  • Agreement of spouses on children (if required by the claim).
  • (if the claim requires it).

The list of documents that must be provided before the divorce proceedings may be different - it depends on the requests of a particular judge, his requirements. The list of required documents is not approved by judicial legislation, so it varies.

The divorce procedure will begin by the court only in the event of a complete set of necessary documents, the list of which the plaintiff can find out even before filing his application to the court, before the divorce proceedings.

In some cases, the court may require additional documents - the plaintiff and the defendant will be notified of this in court.

What if the defendant spouse does not appear in court?

If the defendant spouse does not attend the scheduled court hearings on the divorce proceedings, then it is also possible for the plaintiff to get a divorce - even if the spouses have minor children:

  • If the defendant cannot, for his own reasons, be present at this hearing on the divorce proceedings, he has the right present in place of yourself a representative by issuing a power of attorney from a notary. The plaintiff has exactly the same right to a representative in court.
  • If the defendant has valid reasons why he cannot appear at one of the court hearings on the divorce proceedings, he must submit a corresponding statement to the court, then the divorce proceedings will be postponed for some time.
  • If the defendant does not come to court sessions on purpose according to the divorce proceedings begun, then the dissolution of the marriage will take place without his presence at this court hearing on the divorce.
  • If the defendant had valid reasons not to come to the hearing, he could not inform the court about them in time, but it took place in his absence, dissolving the marriage, then later the defendant's spouse may apply for the cancellation of this judgment ... The spouse can submit this application within a week (seven days) from the day from which he was handed a copy of the court decision on the already completed divorce. The decision of the court on the completed divorce can also be appealed in cassation procedure.
  • If the defendant spouse does not attend the scheduled court hearings for divorce, divorce proceedings in time may increase by another 1 month .

How to file a plaintiff for divorce if the defendant spouse is opposed to divorce

Often the divorce procedure becomes very not an easy test for both former spouses , and for their environment. Divorce is almost always accompanied by property disputes, or disputes over children.

  • If the defendant is against divorce , he does not have to shy away from participating in court hearings, because he can declare disagreement with divorce asking for a time limit for the reconciliation of the spouses. Ultimately, the decision remains with the judge - if he is convinced of the sincerity of the desire to reconcile, the further process can be postponed for another period (maximum - 3 months).
  • If the plaintiff insists on divorce, arguing their unwillingness to put up with the defendant, this period may not be so long. The spouse is the defendant and after that can again submit a petition to the court for reconciliation of the parties.
  • If the spouse is the defendant against divorce , therefore, he deliberately, deliberately avoids attending court sessions, the judge can make an absentee decision on divorce at the third session.

What should a woman do if her defendant husband is against divorce?

First of all, it is necessary to draw up a competent statement of claim - in this case, it is better to turn to a qualified lawyer for help.

Property disputes, disputes about children are best resolved in one court divorce proceedings - these claims must be filed at the same time as the application for divorce.

  • Woman necessary pay the state fee for divorce yourself without waiting for the spouse to pay.
  • The court session is scheduled about a month after the date of filing the claim by the plaintiff ... The plaintiff must be present at the meeting, answer the judge's questions, and argue for his desire to divorce. In the absence of additional circumstances, the judge may make a decision on divorce at the same session. If such circumstances nevertheless arise - the judge can decide - to give the spouses time for reconciliation.
  • For the spouse to pay child support , the plaintiff must submit a certificate of income to the court. If the wife during the years of marriage did not work, doing housework, or if she is on maternity leave, does not work and takes care of a small child, she can demand alimony from the defendant for her maintenance.
  • If anyone from already ex-spouses disagree with the decision of the magistrate, district court , then within ten days after the issuance of the divorce certificate, he can file a lawsuit with the court to cancel this decision, to consider the divorce case again.

For obtaining a divorce certificate (divorce) each of the already former spouses must be presented to the registry office located at the place of passport registration, or at the place of registration of this marriage, a passport and a court decision.