How long does it take to get a divorce?

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Question: I want to divorce my wife, but the bride side does not agree. There are no children in the middle, can I divorce even if the bride does not come to court? In how many months will this issue be resolved?

Answer: The consent of the other party to the divorce is not required to file a lawsuit seeking a divorce. If there is no dispute between the parties over children or property in the divorce, and both parties agree to the divorce, such a divorce can be registered in the local civil registry offices. If one of the parties is dissatisfied with the divorce, or if there is a dispute between the children or the division of property, or any other type of dispute, the court shall consider the case of such divorce.

It is not possible to predict the time it will take to hear a divorce case in court. According to paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan "On the practice of application of the law by courts in divorce cases", in the case of divorce, the court takes measures to improve the family situation.

When taking measures to reconcile a couple, the court may, at the request of one of the parties or one of them, postpone the hearing and set a period of up to six months for the couple to reconcile within the period specified in Article 40 of the Family Code.

Within the time limit set for conciliation, the court may, if necessary, send copies of the ruling to the women's committees, neighborhood councils and local self-government bodies in their place of residence for discussion and conciliation.

In the interest of maintaining the family, the court has the right to adjourn the case for a second time and to set a time limit of up to six months, as provided by law, for the couple to reconcile.

Taking into account the specific circumstances, the court has the right, at the request of the couple or one of them, to change the deadline given to them to reconcile and to consider the case until the expiration of this deadline.

The decision to grant a time limit for conciliation shall be issued after the investigation of the circumstances of the case and the determination of the actual grounds that led to the appeal to the court.

The court, as a rule, must consider the divorce case in the presence of both spouses. In the absence of one of the spouses, the case may be heard only in an emergency (Article 174 of the CPC) and on the basis of a reasoned court ruling. If one of the spouses has moved out of the Republic of Uzbekistan for permanent residence, the court shall notify him / her of the case and if he / she is unable to appear in court, the court shall issue a ruling and consider the case substantively.

The application for divorce must meet the requirements of Article 149 of the CPC. It also includes when and where the marriage was solemnized, whether they had children from their marriage, their age, whether there was an agreement between the couple to provide for and raise their children, along with the claim for divorce. whether there are other possible requirements, the reasons for divorce should be indicated. The application must be accompanied by a marriage certificate, copies of birth certificates of children, documents on the couple's monthly salary and other income, and other necessary documents.

In divorce cases, the court thoroughly examines the relationship between the couple, the grounds for divorce, the root causes of the disagreement between the couple.

The courts should determine the causes of the family's failure, issue separate rulings on the couple's misconduct and other persons who caused the family's failure, take educational measures, and assist in resolving family disputes. sends copies of the ruling to the women’s committees at their place of work, study or residence.

Temporary disagreements in the family, disputes between spouses for accidental reasons, as well as unwillingness of one or both spouses to continue the marriage relationship for reasons that are not serious grounds are sufficient grounds for annulment of the marriage. can not. The court will grant the request for divorce only if it is established that the couple is no longer able to live together and maintain the family, that is, the family has completely failed.

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Article 149 of the Code of Civil Procedure.

The content of the application

The application must contain the following:

1) the name of the court where the application is filed;

2) name (surname, name and patronymic) and place of residence of the plaintiff, if the plaintiff is an organization, its name and location, as well as the name (surname, name and surname of the representative, if the application is filed by a representative) father's name) and address;

3) name (surname, name and patronymic) of the respondent, place of residence or, if there is a responsible organization, his name and location;

4) the plaintiff's claim;

5) its value, if it is necessary to evaluate the claim;

6) the circumstances presented by the plaintiff on the basis of his claims and the evidence confirming these circumstances;

7) list of documents attached to the application.

The application is signed by the plaintiff or his representative. If the application is filed by a representative, the application must be accompanied by a power of attorney or other document confirming his authority.

In applications submitted by a prosecutor, public administration bodies, organizations or individual citizens in order to protect the rights and legally protected interests of other persons, in addition to the information listed in this article, in whose interests the application is filed, The name (surname, first name and patronymic) and address of the person must be indicated.