Divorce through the registry office and the court has features. The same goes for the waiting time for a divorce. In the registry office and the magistrate's court, they differ significantly from each other.
Under Russian law, an application for divorce can be filed with the registry office or with the court. The procedures are somewhat different from each other. Those who have no children in marriage or have grown up children go to the registry office, i.e. they are 18 years old. In addition, you can get a divorce through the registry office if:
• by a court verdict, convicted of a crime and sent to a colony for a term of more than 3 years, • recognized as missing or missing.
Divorce through the magistrate's court is necessary for those who have underage children or if one of the spouses does not want to get divorced.
Divorce in the registry office
In accordance with the requirements of the law, an application for divorce is submitted by both spouses. If one of them is missing (for example, serving in the army), he can send the document by mail, but the applicant's signature on it must be notarized.
Commanders of military units, chiefs of correctional institutions, captains of courts, chief doctors of hospitals, etc. have the right to certify signatures.
The application contains the passport details of the spouses, place of residence and the request for divorce. A marriage document is attached to it. If necessary, the spouse provides a court verdict or decision on recognizing the other half as missing or missing. You must pay a state fee in the amount of 400 rubles.
The marriage ends no earlier than a month later. This period is given to the husband and wife for reflection, because they can change their minds, postpone and save the family, especially if the wedding took place recently. After 30 days, the spouses can appear and receive a divorce certificate or pick up the application. Thus, if the divorce occurs through the registry office, the waiting period is 1 month. The marriage ends at the time of the entry of its dissolution record.
Divorce in court
A slightly different order of divorce in court. The application is submitted by the husband or wife. As a rule, there are samples of such statements in every magistrate's court. You need to attach a marriage certificate, documents on the birth of children, other evidence confirming the reasons for the breakup of the family and a receipt for paid state duty in the amount of 400 rubles.
In the magistrates' court, all cases are considered within 1 month. But divorce cases have exceptions.
After about a week, the husband and wife are summoned for a conversation, during which the court tries to reconcile the parties. This period is not always included in the hearing period.
Based on the results of the conversation, a court hearing is scheduled. Cases of reconciliation of spouses in court are not uncommon. If the husband and wife want to think about preserving the family, the court, at the request of one of them, has the right to grant them time for reconciliation from 1 to 3 months.
After its completion, the case ends either in divorce or reconciliation. As practice shows, divorce in court is more protracted. And it can take from 1 to 4 months from filing an application to a divorce.
If at the same time as the divorce a claim is made to divide the property, the terms may be more extended. After all, you will have to provide additional evidence and call witnesses.
It is also necessary to take into account the period during which the court verdict comes into force. It is 30 days. Thus, in total, waiting for a divorce can take from 2 to 5 months, and the marriage ends on the day the court decision comes into force.
