How to quickly divorce your husband: minimum and maximum terms. how to divorce your wife how to divorce your wife

Everyone has family problems. And often they end in divorce. Divorcing spouses do not always manage to behave correctly. In this situation, it should be remembered that in a divorce, the main thing is a competent approach. How to divorce your husband without nerves and unnecessary hassle? This can be done if you follow certain rules and tips.

According to statistics, every third marriage breaks up. Currently, this procedure does not take much effort and time, especially if the divorce occurs with the consent of both spouses who do not have children under 18 years of age.

It will be much more difficult if the family has young children and property that was acquired by joint labor, since not all parting spouses can correctly and without disputes divide property.

Statistically, divorces are usually initiated by women. Men, on the contrary, strive to preserve the family and life together. Children usually suffer the most in divorces.

After all, they see their parents together from birth. For a child, the current situation is not normal, because he cannot understand why dad and mom want to live separately.

In addition to this misunderstanding, the child suffers mentally, and most often the parents themselves are to blame. Adults can behave incorrectly: be offended and angry, involve children with insults, set them against each other, and limit communication.

These actions are contraindicated for the child. Therefore, the first thing to do in a divorce is to try to maintain a neutral relationship with your spouse if you cannot remain friends. If you want to know how to divorce your husband, remember the first rule: divorce should not separate children and father. Each situation is individual, but here it is important to know that the father has absolutely the same rights to the child as the mother.

divorce documents

After you have prepared yourself mentally and calmed down, study the procedure to be followed before starting the divorce proceedings. If the spouses failed to maintain the cell of society, they only need to formalize the divorce correctly from a legal point of view.

First of all, you will need to prepare a set of necessary documents. In this situation, it is very important how long the marriage lasted and whether there are joint children in the family.

If the spouses lived together for a short time and did not have time to have kids, then the divorce process will be extremely simple and require a minimum number of documents.

Spouses must submit to the registry office:

• civil passports;
• receipt of payment of state duty;
• Marriage certificate;
• application for divorce.

Documents should be submitted to the registry office located at the place of residence of the spouses. In this case, after 1 month, the spouses will be divorced. It is important that the divorce occurs by mutual desire and without claims to property. If claims appear or one of the spouses refuses to dissolve the marriage, the initiator of the divorce will have to go to court, where he submits a corresponding application. In this situation, the divorce will be more difficult and will require time and effort.

Proper conduct in divorce

Keep your cool and behave with dignity. This is the main rule in divorce. After analyzing the joint life, emotional state, life, you can conclude that further life with this person is impossible. You need to calmly inform your spouse about your decision without insults and reproaches. This is a very difficult decision, and it is difficult to talk about it, especially if people have accumulated a lot of grievances and problems. Divorce should be approached from a business point of view. This will help to maintain human relations after the divorce process.

To make your divorce easier, seek professional help. It will help you get out of the most unforeseen situations, so you will avoid possible misunderstandings. The specialist will advise how to behave competently in each specific situation, so as not to harm either of the spouses.

Do not devote children to the details of the divorce procedure, it is better to discuss all the details during the absence of a child. The psyche of children at an early age is very fragile. All this can only harm your child. The best reason for divorce, which should be called by others, including children, will be "did not agree on the characters."

Sometimes there are situations when spouses cannot be divorced, even if the experience of their life together is minimal. A man cannot divorce if his wife is pregnant, no matter how far along the pregnancy is. A husband will not be divorced from a wife who has one or more children under 1.5 years old. Such a law is in force on the territory of the Russian Federation, and it is designed to protect the rights of mothers and children, including property rights. In this situation, the husband is obliged to support the family financially and be married to his wife, observing the family code with all the ensuing consequences, even if the man has good reasons for divorce.

Divorce procedure if there is a child

If the parting spouses have a joint, minor child or several children, then the divorce procedure will take place in court.

The initiator of the divorce must apply to the court with an application, pay the state fee and provide a complete set of documents that are required to start a divorce case. List of required documents:

• a copy of the passport of the spouse initiating the divorce;
• Marriage certificate;
• certificate or certified copy of the child's birth certificate;
• receipt of payment of state duty;
• completed application form.

The presented set of documents is suitable only in a situation where the initiator of the divorce proceedings does not put forward any more requirements for the former spouse. If the case concerns other additional court decisions, for example, the recovery of alimony that will be used to support young children, then the initiator must attach other documents in addition to the application. These include a certificate confirming the financial condition, as well as a certificate of family composition, proving that minor children live with one of the spouses.

joint ownership

There are times when the issue of children during a divorce is resolved amicably, but at the same time the question of the division of property arises. And it is not always possible for parting spouses to divide property without claims and disputes. If you have joint property, then you need to clearly understand what rights you have and what rights your spouse has. Only in this way will you understand what share of the property you can claim.

During the divorce process, the initiator of the divorce may demand the division of joint property between the spouses. In this case, he needs to collect additional documents. These include papers confirming the existence of property that is subject to division, as well as documents that indicate the value of the property.

If real estate or vehicles are subject to division, then you will need a certain list of title documents. If the spouse wants to share furniture or household appliances, then he will have to provide passports for all products and receipts that remain after their purchase. These documents should be attached to the statement of claim along with a detailed list of property to be divided between the divorcing spouses.

The set of documents will be incomplete if a copy of the statement of claim is not attached to it. Because the court must send a copy to the defendant. It is important to pay attention to the fact that during a divorce with the division of property, the amount of the state fee will be higher. Its size increases based on the total price of things that the initiator of the divorce wants to award to himself.

Dividing property in a divorce

You should know that all property acquired in marriage must be divided between the parting spouses in equal parts. In this case, it does not matter which of them invested more money. Even if the spouse was on parental leave, was educated or kept house, she is entitled to 50% of the jointly acquired property during the marriage.

But there are exceptions. For example, if before marriage the husband built a one-story house and during the marriage the spouses built 2 more floors, then such property can also be considered jointly acquired. The court will divide the house equally between both spouses. Therefore, if during the marriage the property of one spouse has increased significantly due to joint investments and expenses, then it is assigned the status of joint property.

When resolving issues with the division of real estate, a car and other things, try not to harm your emotional state. Don't forget about the children who shouldn't suffer. Remember your ex-wife too. Try to take a step forward so that your relationship after a divorce becomes kind and human. Try to maintain a good relationship with your ex-spouse after the dissolution of the marriage and make a good friend.

A marriage is dissolved in court if you:

• have minor children;
• there is no mutual consent to divorce (regardless of the presence of joint minor children).

If you do not have minor children and there is mutual consent to divorce, or if your spouse has been convicted for more than three years, declared missing or incompetent, you need to contact the registry office directly.

2. How to file for divorce?

To dissolve a marriage through the court, you will need the following documents:

• On divorce:
  • in magistrate's Court,

On divorce and division of property:

These circumstances must be proven in court.

To speed up the divorce process, spouses ask themselves the question: what documents are needed for a divorce? A complete list of documents for divorce is one of the conditions dissolution of marriage as soon as possible.

Standard list of documents, necessary for the dissolution of a marriage (application, passports, marriage certificate, receipt of payment of state duty), may be expanded and changed depending on how the divorce occurs: or. The list of documents is also affected by the presence or absence of additional requirements related to divorce.

Types of divorce

Depending on the relationship between the spouses, whether they have consent to the division of jointly acquired property and other factors, divorce can be carried out in one of two ways - through the registry office or through the court. The latter also involves visiting the registry office to register the court decision in the act book and obtain a divorce certificate.

• SK (Family Code) of the Russian Federation provides for the dissolution of marriage simplified form. If the husband and wife do not want to live together, do not have children, or their offspring have reached the age of 18, applications from the spouses will be accepted by employees of the registry office (part 1 of article 19 of the RF IC).
• One of the spouses can simplify the divorce even if the family has a common child, and the consent of the other half cannot be achieved. It is possible to dissolve a marriage through the registry office without confirmation of a spouse recognized as incapacitated, missing or imprisoned (part 2 of article 19 of the RF IC).
• In all other cases, you will have to file a claim and the required documents to court using a more time-consuming and labor-intensive procedure. Circumstances forcing such actions will be the presence common children, disputes over their place of residence, lack of consent one of the couple for a divorce or division of common property (Article 21, Article 22 of the RF IC).

If the spouses who want to dissolve the marriage and are raising a child have no disagreements, the court will divorce them quickly without explanation(Art. 23 RF IC).

Documents for divorce through the registry office

The easiest way to get a divorce is if both parties want it and they have no children. The package of documents in this case is also minimal. After submitting the application, a month will pass before the registry office employee makes an entry in the divorce register.

List of documents

If documents are submitted to the registry office after the divorce took place by a court decision, that is, to obtain a certificate of divorce, then an extract from the court decision must be attached. In this case, an application for divorce must be filed according to the established.

Submission of documents

Spouses dissolving a marriage should take into account the following nuances:

• deliver documents and sign personally. If, with the mutual consent of the couple for a divorce, one of the spouses fails to be present at the filing of documents, he writes applications with a request to accept them and certifies him by a notary;
• An online divorce filing service can help make amicable divorce easier. Spouses must be registered on the State Services website. They need to fill out an application form (each in their personal account), indicate the details of all necessary documents (passports, SNILS, marriage certificates), pay the state duty (you can also online). The divorce will take place within a month.

Documents for divorce through court

The documents that need to be submitted to the court are divided into mandatory and additional, which may be required. under various circumstances and in different regions. Before submitting an application, it is better for the interested party to clarify their list. If the spouses do not have disagreements about children, as well as property disputes (or the value of the divisible property does not exceed 50,000 rubles), then they should contact to the world court. In this case, the dissolution of the marriage will occur at least a month after the first appeal.

If spouses have disputes about children or share property worth more than 50,000 rubles, then documents must be submitted to the district judicial authority, and the clerical process may drag on.

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List of documents

1. Statement of claim asking for a divorce. It can be drawn up in a more formal way, if both spouses agree, or with a detailed indication of the reasons and circumstances, if the initiative comes from one of them. The latter is necessary in order to convince the court to dissolve the marriage, because the judges will try to save it.
2. Originals civil passports spouses (or only the plaintiff, if the desire for divorce is not mutual).
3. Copies of children's birth certificates(if there are children under the age of majority).
4. Information about the composition of the family or an extract from the house book of the plaintiff (if the documents are filed with the court at his place of residence) or the defendant (respectively). It is not required in some regions. Sometimes it is necessary to provide extracts from the places of registration of both spouses, this point must be clarified directly in court.
5. Original marriage certificates.
6. Payment receipt. Its amount will vary depending on the circumstances of the divorce.

If one of the spouses is not able to attend the court session, but is ready to divorce, you need to attach it application for divorce. This will help speed up the divorce process.

Filing for divorce through court

When applying to the court, you should pay attention to the following nuances of filing documents:

• The party seeking a divorce should file a lawsuit defendant's place of residence.
• In some cases, it is allowed to apply to the local court of the region (city, district) in which the initiator of the process is registered. Among them:
  • residence of common minor children with the plaintiff;
  • Simultaneous with the requirement for a divorce, a claim for the recovery of alimony;
  • poor health of the applicant.
• Magistrate's Court will consider the claim if the spouses have an agreement with whom the children will live; the question of the division of property is not considered, or the division of property is supposed to be in the amount of 50 thousand rubles. A combination of these conditions must be observed.
• In other cases, the case will be considered district court.
• Documents can be submitted to the secretariat not only in person, but also sent by mail or transmitted through a representative who has a power of attorney from the plaintiff for such actions.

Example. M. and N. got married after M. gave birth to a child from N. There was no information about the father in the birth certificate of the baby. That is, it turns out that they have a common child, but formally they do not have joint minor children in marriage. M. wants to get a divorce and demand alimony from the child's father. In this case, you can do this. If the spouse agrees to a divorce, you should submit documents to the registry office (joint application, present passports, bring the original marriage certificate). If he does not agree, he will have to go to court.

Before filing a claim for alimony, it is necessary. If the spouse does not recognize that he is the father of the child, then the court can establish paternity on the basis of a genetic examination or other evidence. Establishing paternity can be done before the divorce (then the dissolution of the marriage will take place through the judicial authority) or after it (in this case, you can quickly divorce through the registry office).

Alimony can only be claimed after the recognition of a man as a father child. If paternity is established before the divorce, then a combined claim can be filed with the judicial authority - for divorce and alimony.

Conclusion

• Two instances can divorce spouses: a civil registry office or a court (global or district).
• To dissolve a marriage through the registry office by mutual agreement, a minimum of documents is required:

In 2017 alone, more than 1 million men got married in the Russian Federation, but, unfortunately, not everyone manages to maintain a happy and lasting marriage for many years. During the same period, almost 600 thousand married couples broke up. And in almost every case, when parting, an acute problem arises: how to competently divorce your wife and divide property?

General information

There are two ways to divorce your wife:

1. At the registry office. This method is possible in cases where both spouses agree to the dissolution of the marriage. The second condition: the couple does not have minor children. In this case, the husband and wife file a joint application for divorce and receive a certificate of divorce. At this point, the divorce is considered perfect.
2. In a court. If one of the spouses does not want to get a divorce, then the second one has to file a claim for divorce in court. Also, this method has to be applied if there are minor children in the family and, especially, if there are disagreements with determining the place of residence of the child.

At the same time, the division of everything that is acquired in marriage is possible:

• in parallel with a divorce, if the divorce procedure takes place in court (a statement of claim is filed for divorce and for the division of property);
• after the marriage is dissolved (in court or by voluntary agreement on the division).

Where to begin

An attempt to negotiate, to find a compromise is the best way to start the division of property. In this case, the husband avoids long litigation, and, therefore, significant financial costs. You should not go on about your ambitions, some grievances or a desire to annoy your opponent, it is always better to solve the problem amicably, in cases with a partition, this may be the signing of a voluntary agreement on the partition.

If it is impossible to agree, and the cost of joint property is quite high, then there remains a judicial solution to the problem.

Russian law establishes several rules when considering claims for divorce and the division of joint property:

• usually, the claimant files a claim for divorce and division of property with the court at the place of residence of the defendant, but if the spouse with whom the minor lives with becomes the initiator of the divorce, then he can file a claim at the place of his residence;
• also, a plaintiff who has a disease that makes it difficult for him to get to court to participate in the process in another area of ​​​​residence has the right to apply to the court at his place of residence;
• if, in fact, family relations ceased before the dissolution of the marriage occurred, then in the statement of claim, the plaintiff must indicate, in addition to the date and place of the dissolution of the marriage, the date when the spouses actually parted (divorced or ceased joint housekeeping);
• in cases where the defendant is not against the divorce, but does not agree with the option of division of property proposed by the plaintiff and notified the plaintiff about this, the latter must reflect this circumstance in the statement of claim;
• if there are minor children, the plaintiff is obliged to list (indicating the date of birth and actual location) each of them, as well as indicate the requirements for determining their place of residence (if there is no consensus on this issue with the defendant);
• in the statement of claim, the applicant must, in addition to the claims for divorce, indicate the reason why he wants to dissolve the marriage, while the text must be correct in relation to the opponent, without any epithets or offensive comments.

How is joint property divided?

In accordance with the UK and the Civil Code of the Russian Federation, all joint property is divided equally upon divorce. But there are some exceptions, namely:

1. If minor children remain with the wife (or husband), then the court may not divide the property equally, but transfer most of it to the wife.
2. Also, equality of shares is not obligatory to be observed when drawing up a marriage contract.
3. A violation of the ideal share is also possible when drawing up a voluntary agreement on the division of joint property.

The legislation determines that joint property can be:

1. All real estate acquired during the period of joint life and with joint funds. It can be a land plot, a separate house, a summer house, an apartment, a garage, or other capital buildings.
2. Any vehicles, other machines and mechanisms.
3. Joint deposits, shares, other securities.
4. Private firms, LLCs and other enterprises in which joint funds were invested.

What can and cannot be shared

A number of property is not subject to division, among them:

1. Any property received by one of the spouses as an inheritance or gift, or acquired with his personal money. An exception to this rule may be the personal property of one of the spouses, significantly improved during the marriage for joint funds or personal money of the second spouse.
2. Property that was acquired by a husband or wife before marriage.
3. Property purchased already in marriage, but at the personal expense of the husband or wife.
4. All things purchased for minors or used only by them. For example, a computer that was bought by a child for classes.
5. Personal items. The exception is items that have a high value. Among them are jewelry, antiques.

The legislation establishes several rules for the division of joint property, namely:

1. If the actual division of the property is not possible, then the court may secure for each of the spouses the ownership of half of the property. Thus, the house or apartment will remain in the shared ownership of the spouses.
2. The second option, if it is impossible to divide in kind, the law establishes the sale of an apartment or house in order to subsequently share the proceeds.
3. A third option is also possible - the object is transferred to one of the spouses with the payment of monetary compensation to the other. In fact, one spouse redeems the share of the other.
4. If a marriage contract is concluded, then the law allows derogation from the equality of the parties and the division of joint property in accordance with the shares and the procedure specified in the document.

How is maternity capital divided?

The husband has no right to maternity capital funds, these are targeted payments that belong only to the wife.

But if the spouses invested MK in the purchase of residential premises, then there are several nuances in the division, namely:

1. If only MK funds were invested in the purchase of housing, then during a divorce it is transferred to the wife, since the husband has nothing to do with the mother's certificate.
2. In the event that the spouses used the MK to pay off the mortgage, or as a down payment for the mortgage, but at the time of the divorce the loan had already been repaid, then during the division, the amount of the invested MK and the share of the apartment (or house) attributable to for this amount is entirely transferred to his wife. The rest of the property is divided equally. As a result, the husband receives a share of the apartment, at a cost less than the wife in the amount of MC.
3. The capital was invested as a down payment in a mortgage that was not repaid at the time of the divorce. This is the most difficult version of the section. In any case, that part of the living quarters, which corresponds in value to the amount of the MK already paid, is completely transferred to the wife and children. The following is a complex calculation. The part of the apartment for which the mortgage has already been repaid is divided equally, leaving a share corresponding in value to the mortgage that has not yet been paid. Here, the court proceeds as follows: a part of the property, corresponding in value to the outstanding part of the loan, is transferred to the spouse who will repay the rest of the mortgage.

For example, a married couple bought a two-room apartment worth two million 400 thousand rubles. Of these, they invested 400 thousand from the funds of MK, and for the rest they issued a mortgage loan. A few years later, the couple divorced. At the time of the divorce, they had only half of the loan repaid.

The division took place as follows: a share corresponding to 400 tr. was transferred to his wife, a share equal to the repaid amount of one million rubles was divided equally between the spouses, and a part corresponding in value to the million rubles outstanding on the mortgage was transferred to the husband, for whom the mortgage was issued.

As a result, the wife received a share equal to (450 tr. + 500 tr.) 900,000 rubles, and the husband received a share of the living quarters equal to (500 tr. + 1 million rubles) one and a half million rubles.

How are loans divided?

All credit obligations can be divided into personal (loan funds were used for personal purposes and repaid from personal funds) and joint. The second option is the most common. The section of the outstanding loan depends on many factors, for example:

1. The husband became the guarantor of the wife's loan (or vice versa), while the loan was used for general needs. Such a loan is divided equally, that is, both husband and wife are equally responsible for its repayment.
2. The husband (or wife) is the owner of a credit card that has a debt. The second spouse does not bear any responsibility for servicing the card and paying off the debt.
3. One of the spouses took out a consumer loan for personal needs, for example, to buy a phone. The obligation to repay the loan does not apply to the second spouse.

Thus, only those loans that were issued for the purchase of joint property are subject to division, and if this property is transferred to one of the spouses, then the second is released from obligations to service the loan. Moreover, he may demand half of the funds already spent on the loan repayment.

Before the procedure for dividing joint property and credit obligations, it is advisable to find out a few more important points:

1. Specify the terms of the loan agreement. Pay special attention to those points where the borrower and the guarantor are indicated and how the bank intends to solve problems with loan payment delays. If, for example, the husband is listed as a guarantor for a wife's loan, then in cases where she cannot service the debt for some reason, the husband will have to pay it as a guarantor.
2. It is also necessary to clarify for which purchase the loan agreement was drawn up. If the borrowed funds were spent on the acquisition of joint property, then the spouses will have to repay it jointly. If the money went to the purchase of personal property, then the balance of the loan will be repaid by the spouse for whom the borrowed funds were intended.

When is the best time to start a section?

It is not necessary to delay the division of joint property and postpone it “for later”. The reasons are different, for example:

• over time, documents necessary for a fair division of property may be lost, witnesses may leave, forget the circumstances of the case (dates and specific facts);
• part of the property may be lost, its price may decrease;
• one of the spouses who still has joint property may try to hide it from division, for example, re-register it for someone else, conclude a fictitious contract of sale;
• the plaintiff can skip the statute of limitations, which is three years.

Many lawyers recommend that the division procedure be carried out in parallel with the dissolution of the marriage. This option will be optimal in cases where the husband is not sure of the moral cleanliness of his wife and fears that she will try to hide joint property from division. But it must be borne in mind that in this case, the dissolution of the marriage can be delayed for a long time. Everyone must decide what is more important for him in this case: a quick divorce and subsequent division, or a process of divorce in combination with a division that is longer in time.

Section order

In accordance with the UK, spouses can divide joint property in two ways:

• by entering into a voluntary division agreement;
• judicially.

If the ex-husband and wife are able to solve the problem of partition peacefully, then they can draw up a voluntary agreement. They can sign such a document both at any time during the marriage and after its dissolution.

The division agreement should not be confused with the marriage contract, although they have much in common: both in the first and in the second document, the parties can deviate from the principle of equality of the parties and divide the property according to the agreements.

A prenuptial agreement, in contrast to a voluntary agreement, can be concluded even before marriage and stipulate in it the procedure for dividing the proposed property. The second difference is that the contract cannot be signed if the divorce has already occurred.

If it is impossible to solve the problem peacefully, the division of joint property remains in court. Typically, such a partitioning process is lengthy and more costly.

Voluntary agreement

An agreement on the division of joint property is an official document. It must be notarized and signed by both parties, otherwise it will be considered legally null and void and illegitimate.

Subject to the procedure for drawing up and signing the contract, as well as its certification in a notary's office, the document cannot be challenged.

The following information is required to be filled in:

• personal information about the signatories of the document;
• a list of joint property to be divided with a mandatory detailed description of each divisible item;
• the order and procedure for division, which indicate in what shares the joint property is divided, or what subject of division is transferred to whom.

Before certifying a document, the notary checks its legality and explains to each of the signatories the consequences of the section agreed upon by them.

Judicially

It was not possible to agree. In this case, the division remains in the judicial order.

Required documents

In order for the court to accept the statement of claim for consideration, the applicant must submit to the court a certain package of documents, namely:

1. Statement of claim in several copies. The number of copies depends on the number of sides of the process.
2. Certificate of marriage and its dissolution, if the divorce has already occurred.
3. Title documents for all property proposed for division.
4. If there are minor children - birth certificates of each child.
5. Receipt for payment of state duty.

All documents, except for the receipt, are submitted in copies, the plaintiff must bring the originals to the process for review by the court.

Statement of claim

In the requested application, the plaintiff indicates the following information:

1. The name and address of the court to which he applies.
2. Information about all aspects of the process.
3. The price of the claim.
4. A list of all items proposed for the section with a detailed description of each of them.
5. List of articles and laws to which the plaintiff refers in the claims.
6. Requirements for the division of joint property.
7. A numbered list of all attached documents.

Partition cost

Of course, the division of joint property will require certain material costs, and these costs will differ significantly with different methods of division.

Voluntary Partition Agreement. The most cost-effective section option. When drawing up an agreement, the parties will need to pay a notary fee, which, depending on the amount of the contract, can cost from three hundred rubles (with the price of divisible property up to one million rubles) to an amount exceeding 32 thousand rubles (if the value of the property exceeds 10 million rubles).

Section through the court. With this option of sharing joint property, the costs can become much higher. Few ordinary citizens will be able to draw up a legally competent statement of claim on their own, so you will have to resort to the services of a lawyer. The cost of such services depends on the region, for example, in Moscow

• oral legal advice will cost from 1,000 rubles;
• for a written consultation you will have to pay from 3000 rubles;
• drawing up a statement of claim and assistance in collecting documents will cost from five thousand rubles;
• the cost of full business management will cost 35 - 40 tr.

In addition, the plaintiff will have to pay a state fee, the amount of which depends on the value of the claim. You can calculate the amount of the fee according to the table.

Table for calculating the state duty when filing a claim for the division of joint property