How to apply for a divorce

Family relations, including the divorce procedure, are regulated by the Family Code. How to get a divorce, where do I need to apply for it? Depending on a number of conditions, the application can be written either to the registry office, or to the court.

How to apply for a divorce through a registry office

It is carried out if there is a mutual consent and there are no children under 18 years old. To do this, you just need to file a joint application or 2 separate, expressed in writing. In this case, the procedure will pass quickly, without complications.

How to arrange a divorce, what documents should be provided for the registry office? In addition to the application, you will need a certificate of marriage and a passport.

Without the consent of the second spouse, divorce is possible through the registrar's offices, if the latter is found incompetent, serving a sentence of more than 3 years, or recognized as missing. In all other cases, the divorce is carried out only in a judicial order. Through the registrar's offices, divorce is effected within a month after the application is submitted. Acceleration procedure is not allowed. After this period, the information is entered in the civil status register. Then they issue a certificate of divorce to their former spouses.

How to apply for a divorce through a court

Occurs in the presence of general minor children, in the absence of consent of one of the spouses, if necessary, the division of common property , etc. The court must provide a larger package of documents than in the registry office.

How to apply for a divorce in this case, what documents will be needed for this? In addition to the statement of claim, passports and marriage certificate, you still need: a certificate of birth of common children, a copy of the house book that confirms the defendant's residence permit, a receipt for payment of the state duty. In order to get professional help and arrange a divorce, you can contact the services of lawyers who will help you collect the necessary documents. But, naturally, you will have to pay for it.

The trial requires the participation of both parties. In the event that one spouse did not appear for a good reason, the meeting may be postponed. Participants are notified of the time of the event in advance. The date of the meeting is appointed after pre-trial preparation and not earlier than 30 days after the filing of the statement of claim. The court examines all the circumstances and facts, and if it is determined that the family can not be saved, the marriage will be terminated.

If the application was received only from one side, the spouses may be given a certain period for reconciliation (from 1 to 3 months). This decision is taken by the court, and it is not applied in all cases, but only at the discretion of the court. The judge will again notice the meeting, and if the situation has not changed, the marriage is dissolved.

In a situation where the spouses have underage children, but the divorce is carried out by mutual desire, the reasons for the divorce are not clarified. Spouses have the right to present to the court an agreement containing information about who the children will stay with, as well as the procedure for paying out money for their maintenance. If this agreement violates the rights of the child or this document is not available at all, the court must find out with whom the child will live, who and in what amount will have to pay alimony, at the request of one of the spouses to divide the property.

The marriage will be considered to be terminated from the moment the court decision comes into force. The court will send an extract from this decision to the registry office, where the marriage was concluded. Until the spouses get a certificate of divorce, they will not be able to remarry.

If the marriage was terminated with a person deemed dead or missing, he can be reinstated by mutual application.

When divorcing the parties also need to decide whether there is a need for the division of property. On the one hand, then the whole procedure will take more time, on the other hand - you will be able to settle all disputable issues about the property. If necessary, you can make a section by a separate process, after the divorce.