Dissolution of marriage in court: conditions and necessary documents

Divorce in a court is carried out if:

- the spouses have joint underage children;

- one of the parties does not agree to divorce, divorce;

- the spouse, having no objections, evades from the divorce proceedings in the organizations that perform the registration of acts of civil purpose, namely, refuses to provide an application, does not want to appear in the bodies for official registration of annulment of the marriage union, and so on.

The dissolution of marriage in court begins with the respondent filing an application at the place of residence. The claim against the defendant who is outside the country, namely the Russian Federation, or his place of residence is not known at all, is granted to the judicial authorities at the location of his property or at the last place of his residence in the Russian Federation.

With regard to the claim, he is served in the judicial authorities at the applicant's place of residence if he has children under the age of majority or if he is sick and it is difficult for him to reach the defendant's residence.

Documents for divorce through court

The first step is to collect the required documents for divorce through the court. The most important thing is a correctly formulated statement of claim, in which all the rules of the Code of Civil Procedure of the Russian Federation will be observed.

In this application the following information is indicated:

• When and where registration of marriage was carried out , whether children were born to these spouses in marriage. If yes, indicate the date of their birth;

• Whether parents were defined concerning education and maintenance of the child;

• For what reason the couple decided to divorce, as well as other nuances that the court will consider together with the claim for divorce.

In addition to the claim, the original of the certificate of marriage, the birth certificate of the child and their photocopies are provided.

Divorce in court obliges both parties to pay the state fee beforehand, and attach the payment receipt to the application itself. Further, the plaintiff is determined with the court, which will consider his application, but at the same time relying on Chapter 3 of the CCP of the Russian Federation. After this, the application is sent to the office of this court. It can be sent and mailed.

It is quite difficult to resolve the issue of referring the case to the judicial authorities if one of the parties is absolutely against the right granted to him to legally terminate the marriage union in the registry offices, evades submission of the application, commits other unlawful actions that interfere with the implementation of the divorce.

Cases of divorce are considered in an open meeting, and only at the request of the parties, when their intimate life is affected, a private meeting is held.

The court's decision to dissolve the marriage is made if it was found that living on one living space and preserving the family does not make sense.

Usually the application for divorce is considered with the participation of both parties or their representatives. The judiciary has the full right to review cases in the absence of the defendant if information on the reasons for his failure to appear is absent or if these reasons are disrespectful.

Divorce in the courts takes place during the month from the day when the application for dissolution of the marriage relationship was filed. Matrimonial relations are considered to be annulled from the moment when the court decision entered into legal force.

As soon as the annulment of the marriage union is fixed in court, within three days from the date of the lawful action of the decision an extract from this decision is sent to the organization dealing with civil status records at the place of official registration of the marriage union.

Each of the parties can not enter into a new marriage relationship until the receipt of a certificate of annulment of the marriage relationship in the organization of the registry office at the place of residence.