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How to divorce your wife: property division

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Divorce is an unpleasant and nerve-consuming procedure that each spouse wants to complete as quickly as possible and get rid of the heavy burden of a dilapidated relationship. How fast and, most importantly, how can a marriage be dissolved with a minimum investment of time?

How to quickly get a divorce by mutual consent?

The fastest way to do this is only through the registry office. BUT! Only the marriages in which the spouses do not have common children under 18 years of age are subject to divorce from the registry office.

Otherwise: if you have children or a mutual decision on divorce has not been made, then welcome to the court!

In special cases provided for by law, the consent of the second spouse is not required if he:

  • Sentenced to a prison term of 3 years and above,
  • Missing or found dead by the court,
  • Deprived of legal capacity by court order.

In this case, the spouse submits an application to the registry office with the application of the relevant judicial act, the state duty is paid in the amount of 350 rubles and after 1 month the registry office terminates the marriage.

Ways to Divorce

There are only two instances that can divorce a couple:

Moreover, the second option is not always unambiguous. There are two types of courts: district and world. Where to apply depends on whether there is a dispute.

The world executor parses cases without disputes about children and regarding property worth less than 50 thousand rubles. In all other situations, the district authority breeds.

Through the registration authority, couples who do not have disputes and joint children are divorced. But, there are exceptions. The registration authority will terminate the marriage even with the presence of offspring, if one spouse:

  • legally incompetent person
  • is under arrest for a total period of more than three years
  • missing

Thus, the authority to dissolve the marriage should be chosen depending on each situation separately.

Now it is possible to apply to the appropriate authority:

  • personally
  • through a trustee
  • by mail
  • using the internet

The applicant, at his discretion, has the right to choose the option of sending documentation to the desired authority. But, if he will not be present in person, he will have to notify all the documentation by a notary. In addition, when applying to the court, a personal presence is recommended. This will help to quickly resolve many issues and reduce the time to start the procedure.

Documentation Required

In case of divorce by mutual consent and in the absence of offspring, the divorce passes through the registry office. This requires documentation:

  • standard statement
  • identity cards
  • registration certificate
  • duty receipt

When one spouse cannot appear for divorce, he has the right to write a statement and assure him of a notary public. Then one side will be enough for a divorce.

If the divorce passes through the court, only one party shall submit an application. The following documentation package is required to be attached to it:

  • identification
  • Marriage certificate
  • birth certificates of children
  • certificate of income, if the issue of alimony is decided
  • real estate documents in the presence of property disputes
  • duty receipt

In addition, the judge may request more documentation at his discretion as questions arise. Even with a divorce through the courts, former spouses will have to apply to the registry office for a certificate of divorce. Then they will need to add a court order to the above documentation package.

The procedure for divorce through the registry office

The easiest way to divorce is considered through the registration authority. The conditions for its implementation are:

  • lack of common offspring under eighteen
  • lack of disputes on joint property
  • with mutual desire for divorce
  • if one of the parties is missing, declared legally incompetent, or is in prison for more than three years

The divorce procedure itself is carried out at the place of registration of the relationship or at the place of registration of the man and woman.

When all the documentation is collected correctly, the specialist of the registration authority accepts it. Thirty days later, ex-spouses can come for a divorce certificate.

Court Divorce Procedure

If the couple does not meet the conditions of divorce through the registry office, it is divorced by the court based on the application of one of the spouses. It does not matter the desire of the second side. Sooner or later, the couple will still be divorced, even if one of the spouses is categorically against it.

Lack of desire can only slow down the process. One of the parties has the right to apply for the possibility of providing time for reconciliation. But, it can not be more than three months. The exception applies only to situations in which a woman is pregnant or has a child up to one year of life. In this case, the man has no right to file a lawsuit without her consent.

Court Divorce Procedure

Divorce proceedings through the court can last from one to six months, depending on the situation.

When there is an agreement between the spouses, they will be divorced in a month, at the first court hearing.

But, if there are disputes and proceedings between a man and a woman, the judge will postpone meetings, and even more than once.

He will request additional documentation to make the right decision. Through the court, the following issues can be resolved in parallel with divorce:

  • offspring's place of residence
  • distribution of property rights
  • establishing the size of the maintenance of the child, and sometimes mother

A lawsuit for divorce is filed at the defendant's place of residence. After the final decision is made and it takes effect, you can apply to the registry office for a divorce certificate. If the issue of the payment of alimony was considered, the decision should be attributed to the bailiffs, in order to be withheld. When dividing property, you will have to additionally contact the registration authorities for its re-registration.

Property division

Quite often, spouses express a desire for a divorce to divide property. It should be understood that this includes:

  • movable and immovable property
  • debts

If a question arises about how to properly divorce your wife and share property, the man should learn about the main points that are enshrined in law.

Property division

When there is no prenuptial agreement, property is divided in accordance with the law in equal shares. At the same time, it does not matter to whom it is recorded. The main criterion is his acquisition during a marriage. It does not matter with whom the child remains, although the fact of the greater need for certain items to the spouse with the offspring is taken into account.

Since the use of one house, a summer residence and a car after a divorce is difficult, it is better to coordinate the transfer of ownership in advance on your own.

Property is not subject to division:

  • acquired before marriage
  • received as a gift

inherited

It is possible to divide property unevenly if the other side is not opposed to such actions. Quite often, a man leaves an apartment for his wife with children, at the expense of future alimony.

All loans and borrowings are equally divided. If one of the spouses took all the loans for himself, then the question of the division will be quite complicated. In most cases, the judge offers the party on which the loans to pay the debt on their own, and the cat to file a lawsuit to pay half the amount.

When there is no agreement between a man and a woman, the divorce procedure is greatly complicated and delayed. You may also have to spend more money on it. After all, when a person cannot cope on his own, he attracts a lawyer to the case, and his services are far from free.

Thus, there are two options to share what is shared:

  • The solution to the issue without conflict is an agreement between spouses. When the parties come to a consensus, they draw up a corresponding agreement, which prescribes the size of the share of each of the parties. This document is recommended to be certified by a notary. Otherwise, it will not have legal force.
  • The solution of the issue with the help of the court. If no agreement is reached, one of the spouses file a lawsuit demanding the division of property. You can do this right away with the divorce process, or you can apply separately later. But, it is important not to miss the limitation period.

It is impossible to divide the indivisible, therefore, in most cases, the judge decides that one side takes the item and the other receives compensation for its share.

Correct behavior

Sometimes men are interested in how to divorce their wife, if there are children. To divorce quickly and without major injuries, it is recommended to adhere to competent behavior.

It is better to discuss in advance, before the start of the procedure, all questions regarding child support and children's accommodation. For this, many spouses draw up a special agreement that contains all the items containing information about the following points:

  • accommodation
  • education
  • meeting opportunity
  • child support amount and the like

To speed up the process, it is required to certify this document by a notary and ensure its presence at meetings. In such cases, the divorce proceeds quickly enough.

In a divorce, a man has the right to insist that the offspring remain to live with him. He can substantiate his desires with the following advantages:

  • good financial position
  • personal affection for the child
  • inappropriate parenting

But, basically, children always stay with their mother. Then the court has the right to establish the order of communication of the baby with the father and participation in the educational process.

How to get a divorce - advises the lawyer in the video:

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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. For the dissolution of the marriage, 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.

Take advantage of the program "Divorce without the presence of one of the spouses" developed by our experienced specialists! Details by phone + 7 (495) 722-99-33! Waiting for your call!

How to quickly get a divorce in court?

Divorce through court: from 2 months or more + up to a month to obtain a divorce certificate on the basis of a court decision.

The Magistrate's Court is considering claims for divorce of spouses who have children under 18 years of age or in the case when one of the spouses insists on preserving the marriage or in every possible way prevents divorce. In this case, the wife or husband who wants to divorce, must apply to the court, having paid a state fee of 600 rubles.

If agreement on the child’s place of residence after the divorce, the procedure for his upbringing and communication with him between the husband and wife is not reached, then such a case falls under the jurisdiction of the district court. The district court is also considering divorce cases involving the division of property worth more than 50 thousand rubles.

Note: Of the 2 months of termination of marriage in court, 1 month is given for consideration of the application, another 1 month is the entry into force of the court decision. However, in practice, the dissolution of a marriage through a court, especially a district one, and if there are additional requirements in a lawsuit, can drag on for months or even half a year, and even more when sharing a large amount of property.

Grounds for appeal to a magistrate court

Judicial authorities should intervene in a divorce process only when:

  • divorced have common children under the age of majority,
  • there is a dispute about the division of property,
  • one of the parties does not agree to part.

At the same time, the magistrates' court is authorized to allow the following types of affairs about divorce.

  1. When there are minor children, but there is no dispute, that is, the couple signed an agreement on where the child will live permanently, and how communication will occur with him.
  2. When there is a need divide jointly acquired property, and its cost does not exceed 50,000 rubles.
  3. If one of the parties I do not agree to a divorce.
  4. If one of the parties, without actually opposing the dissolution of the family union,evades passing the corresponding procedure in the civil registry offices.

The judge must consider claims for the division of the acquired jointly, even if the parties have signed an agreement on what will go to each of them when they have minor children. At the same time, this officer not entitled deprive of parental rights, establish paternity or motherhood, make decisions on adoption of a child.

If, as part of the process, the parties put forward new claims that cannot be resolved by a divorce in a magistrate court, then the case is referred to the court of general jurisdiction (district) for further consideration.

Required documents

When filing a claim, you need to prepare the following documents:

  • statement of claim,
  • original and copy of marriage certificate,
  • originals and copies of birth certificates of children (child),
  • receipt confirming the fact of payment of state duty,
  • a statement of consent to the termination of marriage from the defendant (second spouse), notarized (if agreed),
  • documents confirming the income of each of the parties to the process, if the claim sets forth a requirement regarding the payment of alimony,
  • copy and original of the prenuptial agreement (if any),
  • an agreement on the division of property certified by a notary (if such an agreement was reached in pre-trial procedure),
  • an inventory of disputed property covered by the jointly acquired regime, with the provision of documents confirming its value (if the parties cannot agree on its division on their own),
  • other documents that may help in resolving the case.

All of the above documents must be attached to the claim, as well as listed in it.

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.

A 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 affection 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?

In order to take into account all the possible subtleties of the divorce process and for the quickest possible dissolution of the marriage, contact the specialists of the International Planning and Research Institute “Planet of the Law”. Experienced attorneys will do everything possible for an early divorce and help to resolve all issues related to the termination of marriage WITHOUT YOUR PARTICIPATION!
Call us now + 7 (495) 722-99-33!

How to get a divorce from the chosen one through the registry office?

The easiest, cheapest and nerve-saving way to divorce your wife is to turn to the registry office.

Sometimes preparation for a divorce can last six months or longer, while a divorce from a wife after filing an application does not take more than 1 month.

So, you have found a compromise, calmed down, agreed on everything and are ready to divorce. You need:

  • Find out at the local registry office on which day you file for divorce.
  • Appears on this day with his wife or a form filled out by her, if she does not manage to personally come to the registry office.
  • Provide copies of your passports, marriage certificate, and birth certificates of your children, if any.
  • Fill in the appropriate forms.
  • Wait 1 month, which is given to the spouses for reflection.
  • Reappear with his wife or on the appointed day at the registry office and go through the process of divorce.

If for some reason the wife cannot attend the procedure, she must give written permission so that the divorce takes place without her.

How to achieve a divorce from the second half through the court?

If you were in no way able to reach a compromise because:

  • your wife is categorically against divorce,
  • you can’t share civilized property together in a civilized way,
  • you demand joint custody of the children, and your wife is against,

then you have only the court.

Whether or not to ask a lawyer for help is up to you, it all depends on the complexity of the process. However, it is better to be safe and entrust the defense of your rights to a professional.

Divorcing a wife through a court is expensive, long, and traumatic. First, there will be a pre-trial investigation, then a court hearing, based on the results of which the judge makes a decision.

There are ways in which your wife can drag out the process:

  • by requesting a time for reconciliation,
  • after appealing the decision.

In addition, it should be remembered that you can get a divorce through the court relatively quickly (in a few months if everything goes smoothly), while property cases can last for years, so it is better to file two separate claims.

After the judge made a decision on divorce, your wife finally agreed with him and did not file an appeal, you receive a document confirming this.

You do not need to go to the registry office for a certificate of termination, but you can go there to put the appropriate stamp in your passport.

How to cancel a marriage without the consent of the wife?

Even if a man has a lot of reasons for divorce, a wife can have as many reasons for keeping a family. Categorically refusing divorce, the woman is guided by feelings (love and affection), concern for common children (they need a father!), Purely mercantile considerations (housing and material support).

And even if a female refusal sounds like a verdict, there is an opportunity to divorce without the consent of a wife! True, with a few exceptions.

1. When can you get a divorce without the consent of your wife, and when not?

It is impossible to divorce without the consent of the wife:

  • During pregnancy spouses
  • During the year after the birth of the child (even if the child was born dead or died before the year), the husband has no right to file for divorce. After this period, it is already possible to file for divorce.

You can divorce through a registry office without the consent of your wife in two cases:

• on the basis of a joint application of spouses who do not have children.

If the wife does not agree to file a joint application, divorce through the registry office is out of the question. Indeed, the dissolution of a marriage, as well as its conclusion is a matter of mutual desire,

• unilaterally, regardless of the consent of the wife.

This option is possible only if the wife is recognized legally incompetent, dead or missing, as well as if the wife is sentenced to imprisonment for more than 3 years. If the wife is alive, healthy and law-abiding, the husband has no reason to submit a unilateral application to the registry office. Therefore, a divorce through the registry office is impossible.

If it is not possible to divorce through the registry office, the wife does not give consent to the divorce or evades the divorce procedure, and there are no grounds for unilateral divorce. Will have to sue for divorce. Consider the process procedure. But first, try to understand the woman and the reasons for her unwillingness to part. Perhaps in this case you can agree with her.

Divorce cases are heard by a magistrate's court. But if the divorce proceedings are complicated by disputes about children or property, it is considered by the district court.

According to the rules of territorial jurisdiction, it is necessary to file for divorce at the place of residence of the defendant. If the husband and wife live together, there are no problems. But if the wife lives separately, the husband will have to find out the exact place of residence and submit documents to the appropriate judicial authority.

2. What documents are needed for a divorce?

First of all, a correctly drawn up statement of divorce. The further course of the case and the result of its consideration depends on how legally competent, convincing and reliable the claim will be drawn up.

The statement of claim consists of three main parts.

  • The first is formal, contains the name of the court, last names, first names and patronymics of the spouses, their dates of birth, addresses of their residence, data on children.
  • The second part is descriptive: when the marriage was concluded, what is the current state of family affairs, why the marriage should be dissolved, evidence and arguments of the husband’s position. It must be indicated that the wife does not consent to the divorce, therefore the husband is forced to go to court. You should also indicate how the issue with the children and the property of the spouses will be resolved.
  • The third part is asking, contains a request for divorce based on the provisions of the law.

The lawsuit ends with a signature and an indication of the date of drawing up.

An integral part of the statement of claim - its annexes:

  • copy of the statement of claim with documents - for the wife,
  • Marriage certificate,
  • copy of passport (or other document),
  • copies of birth certificates of children,
  • other documents confirming the circumstances of the case (for example, income statements, characteristics),
  • receipt of payment of duty.

You can learn more about filing a statement of claim and its annexes in the article “Application for divorce in court. Sample".

The statement of claim with the annexes is filed with the court, and a copy of it is sent to his wife. If the documents are drawn up correctly, the court accepts them in the paperwork and considers within 1 month from the date of filing. Spouses are notified of the date and time of the first court hearing by summons.

3. How is the court hearing?

At the hearing, the case materials are considered, the arguments of the spouses are heard. As a rule, the wife’s categorical disagreement with the divorce is the basis for appointing a conciliation period - from 1 to 3 months, at the discretion of the court. If, after the expiration of this period, the court determines that it is impossible to keep the family, a decision is made on divorce.

If within 1 month the spouses do not appeal the court decision, it shall enter into legal force. To complete the divorce procedure, it is necessary to submit an extract from the court decision to the registry office and make information on the divorce in the civil registry books.

As you can see, the court divorces the marriage even in the absence of the consent of the wife. From the moment of filing the application until the receipt of the certificate of divorce, from 2 to 5 months pass.

However, a wife who does not agree with a divorce may affect the length of the trial. Failure to appear at the hearing, a request for a deadline for reconciliation, appeal of a court decision - all this can delay the divorce proceedings by several months.

In order to avoid the appointment of a conciliation period, the statement of claim must refer to circumstances in which reconciliation is impossible: immoral behavior, bad habits of the wife. These circumstances can be proved with the help of documents or testimonies.

To prevent the postponement of the hearing due to the wife's failure to appear, it is necessary to notify her of the date and time of the hearing. If the duly notified wife does not appear three times, the marriage will be dissolved in her absence.

Obtaining a certificate of divorce

The registry offices, having dissolved the marriage, will issue a divorce certificate to each spouse. A note on the termination of the marriage will be entered into official documents, a stamp is put in the passport.

In the event that the divorce case was resolved in court, the employees of this state agency within 3 days after the entry into force of the decision to terminate the marriage will send it to the registry office by territoriality. Employees of the registry office will issue a former spouse with a divorce document when applying and after paying the state duty.

From the moment they receive evidence that the marriage is completed, spouses are considered free and have the right to remarry.

Conclusion

Nowadays, society has become much easier to relate to divorce, and only one of the spouses is enough to legally terminate the relationship. In this article, you could familiarize yourself with how to correctly and correctly divorce your wife. However, do not forget that laws are constantly changing and some data may be outdated.

So to summarize. From this material you learned that:

  1. Only your desire is enough for a divorce.
  2. When applying for a divorce, you should contact the registry office or a justice of the peace.
  3. To speed up the process should discuss in advance issues of jointly acquired property and custody of children.
  4. The minimum term that lasts for a divorce is one month.
  5. You can consider yourself free only after you receive a divorce certificate from the registry office.

Also, do not forget that:

  • Each individual case is individual and unique.
  • Even knowledge of the laws does not guarantee you to achieve a result.
  • A positive outcome depends on a huge number of factors.

Attention!

Due to frequent changes in the legislation, information sometimes becomes outdated faster than we manage to update it on the site.

All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

Where to serve

The lawsuit is filed in judicial authority at the place of residence of the defendant. However, it is allowed to file it at the place of residence of the plaintiff for a divorce in a magistrate court if:

  • he has minor children who actually live with him,
  • his state of health does not allow him to contact the place of residence of the defendant,
  • the defendant does not object to the proceedings at the place of residence of the plaintiff.

What to indicate in the application

In the statement of claim necessarily need to specify:

  • full name of the judge and his plot number,
  • full names of the plaintiff and defendant,
  • the coordinates of the plaintiff and defendant (residence and registration addresses, phone numbers, email addresses),
  • place and date of registration of marriage,
  • date of termination of cohabitation,
  • date of birth of minor children,
  • an indication of the absence of a dispute about their place of residence,
  • indication of the defendant's consent to the termination of marriage,
  • reasons or motives for divorce (usually it’s enough to indicate that further life together is not possible),
  • requirement to terminate the marriage,
  • requirement to share jointly acquired property,
  • claim for child support,
  • list of documents attached to the claim,
  • Plaintiff's signature and date.

If there are any petitions, for example, to defer payment of the state fee or to consider the case in the absence of the applicant, then they must be attached to the claim.

It is necessary to make a statement correctly so that it is not left without movement. If there are drawbacks to the drafting, the applicant is given the opportunity to eliminate them.

Procedure for consideration of the application and terms

After the adoption of the application by the court, the procedure for its consideration will be as follows.

  1. Within 7-15 days, the place, date and time of the trial are appointed, about which the applicant is notified. The law is given one month period for the purpose of the proceedings. At the same time, the case cannot be considered for more than three months..
  2. If the defendant agrees with the claim, marriage may be terminated by the court at the first meeting. If there are certain objections from the defendant, then the parties may be given a time for reconciliation with a view to the possible preservation of the family. He can make up from 1 to 3 months. Parties can provide serious justification for shortening such a period. Moreover, the meeting is postponed in order to resume after the time for reconciliation expires if the plaintiff continues to insist on the termination of the marriage (regardless of the consent of the defendant).
  3. If the parties come to the meeting and continue to insist on a divorce, the lawsuit will be upheld. If the defendant evades appearance, then after his third failure to appear in court, the case will be considered without him.
  4. At the end of the process, a divorce court decision is issued, which will come into force in a monthdeferred to appeal.
  5. After the decision comes into force, it is necessary to contact the registry office to obtain a certificate of divorce.

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