Judgment in cases of divorce. Divorce in court

All citizens Russian Federation without exception, they have the right to enter into marriage and dissolve it at their discretion. This operation is carried out by submitting an appropriate application to the registry office or the court. If the divorce is completed in this way, then the court forms an appropriate decision - it is necessary in without fail receive an extract from it.

Basic moments

The process of dissolution of marriage can only be implemented by special bodies:

MARRIAGE REGISTRY.
Court - world or district.

Most in a simple way divorce is the registry office. But at the same time, divorce in an institution that registers civil status is possible only if there are no minor children, as well as various kinds claims of spouses to each other.

If the marriage is dissolved on the basis and through the court, then the judge without fail forms. It is sent by mail to the former spouses at the place of their registration or is handed out. In this case, a special extract may be issued.

It is quite simple to figure out how and where to get an extract from a court decision on divorce. It is only necessary to know the address of the court where the divorce proceedings took place.

What it is

Judgment refers to an act of perfect justice, due to which a particular case was initiated.

Essence of the judgment is expressed as follows:

the court decision is law enforcement;
taken only when the case is considered on the merits.

This document has next value— strengthening the legality and order of all legal actions. At the same time, the legality of the judgment is realized through the use of various kinds of laws, as well as various regulations.

The judgment has one very important property- a document of this type that has entered into force is mandatory for execution by everyone without exception (authorities, legal entities and individuals).

There is also the fact of the irrefutability of the judgment. It means that after the expiration of certain deadlines specified in the legislation, an appeal becomes impossible.

That is why if the spouses who filed for divorce to exercise their right to divorce change their minds for some reason, it is necessary to withdraw the application from the court as quickly as possible. IN otherwise It will be extremely difficult to challenge a decision that has already been made.

Where to go

In some cases, divorced spouses require a special extract from the court decision. To receive it, you must write an appropriate application.

The place of receipt of this document will be the court where the divorce was carried out. At the same time, it is necessary to apply for the appropriate extract to the chairman of the court (global or district).

There are no nuances when receiving an extract. This process is very simple and takes minimal amount time. Usually, the court office provides extracts from court decisions without any delay.

Video: marriage invalidation

Extract from the court decision on divorce for the registry office

It must be remembered that in order to end the divorce proceedings, it is imperative to obtain an extract from the court decision and submit it to the registry office.

Only after that it is possible to affix the appropriate stamp in the passport and all other legally significant transactions(change of surname or other).

It is very important to get an extract from the court decision on divorce in a timely manner. A sample application can be found on the Internet or directly at the court office.

It is very important that before contacting the relevant authorities, get to know the following important issues in as much detail as possible:

How to get a document
What is the validity period of the extract.
What is the price.

How to get a document

There are two ways to get a document of the type in question:

personally, in court, after the completion of the divorce proceedings;
by mail.

Moreover, in the first case, the court itself is the initiator of the issuance of a document of the type in question. At the same time, some difficulties may arise when receiving by mail.

Appeal.

Cassation.

At the same time, the terms of appeal, as well as the actions of the court decision itself, depend on the institution that adopted it. But in fact, the judicial act has no statute of limitations. Moreover, it is valid until the actual execution of the court decision.

Law "On enforcement proceedings” is a very important document. His knowledge allows you to avoid wasting time on clarifying various kinds of circumstances.

This legislative act should be studied not only by those who are divorcing, but also by everyone who, one way or another, applies to the courts to resolve a variety of complex issues.

How much is the price

All kinds of legally important actions performed by the courts, as well as other government bodies, are subject to payment - the state duty.

A complete list of all quantities related to payments of the type in question is indicated in Chapter No. 25.3 of the Tax Code of the Russian Federation.

It is important to remember that obtaining an extract from a court decision is completely free. There is no need to pay state duty.

But at the same time, you need to know that re-receipt of an extract must be paid without fail. The cost of obtaining this document is only 40 rubles.

To pay this fee, you must obtain the relevant details directly from the court.

If there is no opportunity to visit the court, then you can always carry out this action through the website of the State Services in the relevant section. Payment - by phone or bank card.

Why is it necessary

The main purpose of an extract from a court decision is to transfer it to the registry office for the purpose of registering civil status individuals. The extract itself can be issued only after the expiration of the period for appealing the court decision itself.

After the extract is received, you must immediately contact the civil registration authorities for state registration divorce process.

At the same time, this process necessarily includes making appropriate entries in the civil status book. And only when this operation fully completed, the corresponding imprint is put in the passport, as well as a stamp.

After the completion of all the operations indicated above, a Certificate of state registration of the fact of divorce is issued.

The legislative framework

In order to avoid various kinds of difficulties when obtaining an extract from a court decision, conducting divorce proceedings or other legally important actions, it is imperative to familiarize yourself with the following legislative framework:

An equally important document is the Family Code, which reveals the process of ending a marriage in as much detail as possible.

This moment is covered in as much detail as possible in Chapter No. 4 “Termination of Marriage” of the RF IC. To familiarize yourself with the Family Code, be sure to use the version edited by federal law. With latest changes. Legislation is reformed every year, changes also affect various kinds of codes.

The following articles of the Family Code should be studied by everyone who is involved in the divorce process in one way or another:

The Family Code is a fundamental document in resolving various issues related to the divorce process.

All the main points about the court decision and extracts from it are considered in the Civil Procedure Code of the Russian Federation.

After the completion of the divorce process, it is mandatory to take the appropriate extract from the court decision and submit it to the registry office.

Otherwise, the process of introducing all necessary changes it will simply not be possible to complete the documents. It is necessary to have an appropriate stamp in the passport, as well as a seal.

Users who closely monitor the emergence of new information on legal portal The court gurus should have noticed that in every topic concerning the separation of an officially registered couple, there is such a phrase as a court decision on divorce, for example:

Dear visitors!

Our articles are informational in nature on the solution of certain legal issues. However, each situation is individual.

To solve a specific problem, fill out the form below, or ask an online consultant a question in the pop-up window below, or call the numbers listed on the site.

It's time to make out, and what it is, how to get a court decision on divorce. About how they go to get divorced in the sanctuary of Themis, read here. Today we will analyze in detail:

how to get a court decision on divorce;
What does such a document look like?
what constitutes a judgment in absentia;
where to go later with a court decision and whether it is necessary to go anywhere at all;
after how many days the "verdict" of divorce becomes legal.

In general, we will analyze the issues resolved by the court when making a decision on the dissolution of a marriage, which are then reflected in it. Let us analyze in detail what the form looks like, which is applied for by those wishing to terminate the official union.

Let's talk about how to get a copy of the court decision on divorce. In what order can a decision received on hand be challenged. We will also discuss the answer to the question, can the one who terminated family relations take and reverse the process. And what day will be considered the date of divorce, filing an application or receiving a document on divorce by court order?

In addition, practicing lawyers specializing in family law are constantly on duty at the Sud.Guru legal portal.

Forming a question (for example, how a marriage will be dissolved through a court or when a court decision on divorce comes into force) and getting an answer to it for free. Form feedback with a lawyer at your disposal around the clock.

What does it look like

Ending a marriage is not an easy process. Those who decide to divorce, even if they do not want to go to court, under certain circumstances, will be forced to do so. In more detail with, which only the judge can decide, read here. In turn, the court decision on the dissolution of marriage must comply with the established civil procedural rules. Any decision of the court is divided into four components:

introductory part (the so-called introduction) - includes the details and initials of all parties and representatives of the judiciary, date marks, data of the applicant's case, data of the prosecutor (if he is the initiator judicial trial) indicating the person concerned;
description - all requirements and petitions of the applicant are prescribed, submitted evidence base, the defendant's opinion and the evidence he presented. It also reflects all changes on the part of the person concerned (the one who filed the claim) made in the course of the trial;
motivation - here the judge makes references to normative - legal acts, on the evidence presented by both parties, "deciphering" the parties on the basis of which he, resolving their dispute, made a similar decision. Usually, when the defendant agrees to a divorce by court order, this part of the judgment is not signed in detail;
A resolution is the main component of a judgment. Here, the judges indicate whether the claim is satisfied in whole or in part. Or the claims are denied, after reading the arguments of the defendant.

The decision is written in the dry business language of laws. Sometimes it is difficult to understand it for a legally illiterate person. It is especially difficult to write an appeal in the presence of disagreements from the point of view of the servants of Themis. IN similar cases It's best to contact a lawyer. In general, the qualified assistance of a lawyer will help to avoid many of the pitfalls encountered on the way to freedom from marriage.

We receive an extract

Didn't find an answer? Free legal advice!

Sometimes it is not enough for spouses to get their hands on a decision made in court. It happens that there are situations that it is necessary to obtain an extract from this document. This action, in comparison with the divorce itself, will not take the ex-spouse in need of an extract either time or moral strength. To obtain an extract, write applications addressed to your judge to the same judicial authority where the divorce took place directly, and that’s all. A little time and the court office will issue required document. For example, to put a mark in your passport that you are now free man you will need to get an extract. You can do this in person, immediately after the end of the divorce proceedings (meaning when the decision becomes legal). And you can indicate that you want to receive an extract through postal services (it is not recommended, it also happens that letters are lost during the delivery process or the addressee changes his place of residence, etc.).

In order for the parties to have the opportunity to appeal against an already existing decision, it must be issued to them no later than five days after it was made.

I would like to note that modern achievements make it possible to obtain a court extract from a court decision in electronic format. The use of computers and the Internet in the work of various public services allows you to gradually get rid of bureaucracy. Simply indicate to the court clerk in what form you would like to receive the finalized results of the trial. There is no expiration date for the extract, as well as for the solution itself. And the judicial act begins to operate at the appointed time:

after thirty days;
after seven days (for absentee decisions);
after the decision of the court of appeal or cassation).

Knowledge of civil procedural law is necessary for every person who applies to the court (and the motive for applying does not play a big role).

If it is difficult for you to master the Code of Civil Procedure of the Russian Federation or other legislative norms, please contact the lawyers of the Sud.Guru portal through the feedback form.

Termination family relations carried out through the registry office or in judicial order. legally significant document which ends the consideration of the case in court, is the decision of the court on the dissolution of the marriage. In the material presented, you can find out how and where you can get this document.

The essence of the judgment

Based statement of claim the case begins in court. Based on the results of the judicial investigation, examination of the case materials and hearing the arguments of the parties, the court must take official document- solution. The content and form of this act are regulated by Chapter 16 of the Code of Civil Procedure of the Russian Federation, and its main features include:

the decision is made on behalf of the state;
the decision is made only by the judge who considered the case on the merits;
the judicial act must be lawful and justified.

Note! Judgment in any case should be based only on the evidence and documents presented in the case file. Evaluation of evidence is within the powers of the court, which must substantiate its conclusions with reference to the law.

Divorce is carried out in the following ways:

through the registry office - in the absence of common children and the consent of both partners to divorce;
through the Magistrate's Court - if the family has common children, or one of the spouses objects to the termination of the marriage;
through the district court - if, simultaneously with the divorce, the issues of raising and living the child after the dissolution of the marriage are raised.

Thus, following the results of the divorce proceedings, a decision of the justice of the peace will be issued on the dissolution of the marriage, or a decision of the district court on divorce. The termination of marital relations will be registered in the registry office only upon presentation of a document from the court.

In what cases is it issued?

A court decision on the dissolution of a marriage is issued only if the proceedings end with the satisfaction of the plaintiff's claims. During the consideration of the case, circumstances may arise in which the court does not have to make a decision:

the plaintiff withdrew the application before the decision was made;
the parties took advantage of the reconciliation period and decided to continue family relations;
the plaintiff did not appear in court without good reason, and did not file a petition for consideration of the case without his participation.

In such circumstances, the court issues an order to dismiss the case.

Important: in these cases, the applicant is not deprived of the opportunity to re-apply to the court with a claim for termination of marriage. If the parties again decide to divorce, the court has no right to refuse to accept the claim.

Once a decision has been made, it must enter into legal effect. The date of entry into force depends on whether the respondent spouse has exercised the right to appeal. 30 days are given to challenge the decision, if the complaint is not received within this period, the court decision enters into force.

Absentee decision on termination

One of the forms of completion of the case may be a court decision in absentia on the dissolution of the marriage. For its adoption, there is one specific reason to be present - the defendant's failure to appear at the hearing, if he did not inform the court about the validity of the reasons for the absence and did not declare the claim to be considered in his absence.

During the trial in absentia, the court must decide the same issues as in the usual manner. However, for absentee decision there is a special procedure for contesting it:

the text of the document should contain a description of the period and procedure for appealing;
The complaint may be filed no later than seven days from the date of receipt by the defendant of the default decision.

Note! Divorce in this case can create problems, since the moment the decision enters into force will be the expiration of the period for challenging.

How to get a?

How to get a court decision on the dissolution of a marriage if the consideration of the case ended with the satisfaction of the plaintiff's claim? The rules for obtaining this document are established in Art. 214 RF IC:

if the citizen was not present at court session- a copy is sent to him judicial act within five days from the date of issuance in the final form;
if the spouse was present at the meeting, he must independently apply for the specified document.

Thus, the procedure for obtaining a decision depends on the fact of the citizen's personal participation in the court session. The same conditions apply for a default judgment.

Note! The law allows the option of obtaining a copy of the decision in electronic form through the Internet, but for this the court must have the technical capabilities.

The sent copy of the decision has no legal force, since the time limit for appeal has not expired. Therefore, for subsequent application to the registry office, you will need to obtain a certified copy of the decision that has entered into force.

Extract from the divorce decree

A participant in the process, who participated in the consideration of the case and was present at the adoption of the judicial act, has the right to apply for an extract from the court decision. It is advisable to apply for an extract when the specified document has already entered into force.

What is needed for

An extract from the court decision on divorce will allow you to submit documents to the registry office in order to officially register the termination of family relations and receive a certificate of divorce. Only persons who have acted as parties to the process have the right to receive an extract.

Where to go

Where can I get a divorce decree? To do this, there is no need to apply personally to the judge who considered the case. It is enough to write an application for the issuance of an extract from the court on the dissolution of marriage addressed to the chairman of the court and submit it to the office of the judicial authority.

Note! The application must include the spouse's personal details, the case number and date of the decision, and the manner in which the applicant is requesting an extract.

After the process is completed, the case materials are transferred to the office, which is authorized to make and issue extracts and copies of procedural documents. If the application for issuing a document is certified by the chairman court, the staff of the office will independently carry out all the formalities.

What data should be included

Since the marriage must be dissolved on the basis of a decision that has entered into legal force, the extract must contain a number of mandatory items:

the name of the judicial body;
date of issuance of the act and case number;
data of persons participating in the process;
the content of the decision, including its operative part, on the basis of which the marriage is dissolved;
a mark on the entry into force of the document.

The extract duplicates the court decision and must fully comply with its data.

How to get

When applying to the chairman of the court, the applicant must decide how he wants to receive an extract. To do this, the applicant can choose one of the following options:

personal collection at the court office;
sending the document by mail to the address of the applicant;
in electronic form through the resources of the Internet.

We recommend personally picking up the extract, as this method allows you to receive the document even on the day of the application. In addition, upon personal delivery, you can make sure that all the requirements for the form of the document are met. If you do not have the opportunity to personally appear in court, you can use the services of a representative by proxy.

Officials of the office of the court have the right to issue documents on the day of the appeal of citizens; this requires only a permissive visa of the chairman of the court.

Validity

The extract has the force of the main document and has a similar validity period. The court decision is valid until the moment of its full and proper execution, and formally, the duration of its validity is not limited in any way.

Price

To commit the majority legally meaningful action state duty is required. However, the extract is issued free of charge even in the case of a repeated application. Until 2013, when issuing the second, and each subsequent extract, a fee of 40 rubles was levied.

How to get a copy of the court decision remotely

Where can I get a court decision on divorce if a citizen has already moved from the city where the case was being considered, is forced to stay long time away or serving a sentence by a court verdict? To do this, you can issue a power of attorney for a representative, or send an application to the court that considered the case.

If it is not possible to collect the extract from the court office on your own, we recommend using the services of a representative. This will allow at the time of receipt of the document to check its content and, if necessary, require the elimination of violations.

Required documents

To receive an extract by mail, you must send the following documents to the address of the court:

a written statement personally signed by a participant in the trial;
a copy of the applicant's passport, allowing to identify his identity.

Note! The law does not require the application to be certified by a notary, it is enough to observe a simple written form and sign on the form.

Documents are sent by registered mail to the Magistrate's Court. Remote receipt of an extract is also not subject to payment of state duty.

Sample Application

To ensure that you receive a copy of the divorce decree, the following items must be included in the application:

the name of the court in which the extract is requested;
personal data of the applicant;
information about the date of the decision and the number of the case;
a request to prepare and send an extract to the address of the applicant.

The court does not have the right to refuse to satisfy such an application; a certified extract will be sent to the citizen's address. Sample said statement You can find it on our website, or entrust its preparation to our specialists in order to avoid problems with obtaining the desired document.

A sample application is available for download and viewing.

Divorce decision example

The court decision on the termination of family relations must contain:

introduction - time and place of issuance, details and number of the case, composition of the participants in the process, information about the judge;
descriptive part - describes in detail the grounds for filing a claim; arguments and objections of the parties expressed during the process; a description of the evidence presented and the testimony of witnesses;
the operative part is the conclusion of the court regarding the legality of the claims and the essence of the decision.

Note! The date of divorce by a court decision will not be indicated in the text of this document, since it depends on the moment it enters into force. This rule is established in Art. 25 RF IC.

To clarify the specifics of the content of the court decision, we recommend that you seek advice from our specialists. They will help to check the legality of the execution of the document even before its entry into force, in order to apply for amendments in a timely manner.

The decision of the court, drawn up in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, must be submitted to the official of the registry office, who will carry out the procedure for registering the termination of marriage and issue an appropriate certificate.

ATTENTION! Due to recent changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.