The situation when a wife and husband can no longer liveunder one roof, you can meet pretty often. In this case, it's better not to torment each other, but to learn how to file for divorce. Under the law, you can cancel the marriage in the registry office or in court. In this article, we'll look at these two options, and also find out what to do if the spouse does not agree to a divorce.
This order is quite simple: spouses should only submit an appropriate application to the registry office, and the marriage can be terminated. However, it is worth remembering that this institution will not study the circumstances that led to the divorce, do not look at the evidence, will not interview any witnesses. The duration of such extra-judicial divorce proceedings is about a month, sometimes a little more.
At the same time, to apply to the registry office to divorce, you can if you have such circumstances:
- The couple do not have minor children (the same applies to adopted children).
- None of the spouses is againstdivorce, and they filed a joint application of the established pattern. Such paper can be submitted to the registry office, where the husband and wife signed, or in the place of residence of a married couple or one of the spouses.
If the wife (husband) is seriously ill, is inlong business trip, serving in the army, living in a remote region, etc. and personally to come to the registrar's office is not possible, the spouses can make two separate applications for divorce and file them with the registry office (although the signature of the absent spouse must be notarized).
If the family has underage children (meaning - joint), then one of the spouses has the power to file an application with the registry office if the other spouse:
- is in prison and sentenced to more than 3 years imprisonment;
- recognized incompetent (solely by a court decision);
- unknown missing (this fact must also be recognized in court).
Submission of application by spouses.
After providing such a paper, the spouses are given one month, so to speak, to meditation. Only after the expiration of a month, the spouses can be dissolved.
If during this period the couple does not withdraw theirapplications, the employees of the institution produce an appropriate record of divorce, and now the former spouses are given a certificate of divorce. In addition, in their passports a mark on the divorce is entered. If a wife or husband wants to return a pre-marital surname, they will have to change their passport.
Submit for divorce in court is necessary under the following conditions:
- if the husband (wife) does not want to divorce;
- if one of the parties agrees to dissolve the marriage, but does not come to the registry office (refuses, for example, to apply for a divorce);
- the family has children under 14 years of age (only cases are not taken into account if one of the spouses is incompetent, missing absentee, convicted of the offense for more than three years).
The judicial order of the termination of marriage depends onof each individual situation. The following factors will be important: whether the wife (husband) agrees to divorce, whether there is a dispute over the upbringing of common children, property disagreements, etc. For example, if a couple has common children, but there is no dispute about their upbringing, then it is possible to sue the magistrate. If there are disagreements about the communication and upbringing of children, then the application for divorce is submitted to a court of general jurisdiction.
Now let's figure out how to file for divorce, and where to go:
- The claim can be filed in the settlement where the defendant lives, or at the location of his property (if the exact place of residence of the defendant is not established);
- in the place where the plaintiff lives (it is possiblemake only by agreement of the wife and husband, if the plaintiff's condition does not allow him to come to the defendant's place of residence, or minor children live with him).
The claim must be made concisely and competently. The reason for the divorce can be stated as follows: as a result of certain disagreements (concretize) between you and your husband (wife), marriage relations ceased, you do not lead a common economy, and joint life became impossible. You can specify other reasons. In addition, along with the claim, you must file documents for divorce:
- certificate of marriage;
- information on the income of the wife and husband;
- birth certificates of children;
- a statement from the defendant about consent to divorce (this document is not required, but if it does not exist, the defendant must be present at the hearings);
- Receipts for payment of state duty.
The court must file for divorce. Along with the claim for the termination of marriage, a requirement is also made to divide the property, receive alimony, and determine the procedure for communicating with children. At the same time, the above-mentioned claims can also be considered in the framework of a new case.
The court will begin not earlier than a month after the filing of the claim.
If spouses are bred by mutual consent, thenthey can do this, in principle, and for one hearing. If the parties have any complaints about something, the matter will drag on. The court can even set a time limit for reconciling the couple - from 1 to 3 months. If the defendant does not attend the meetings, after the third non-appearance without valid reasons, the court has the power to examine the case without him.
If both sides fail to attend the hearings, the court will stop the divorce proceedings, and the case will be closed.
The court decision on divorce will come into force within 10 days if the wife or husband does not appeal.
After the decision of the judge comes into force, an extract from the court is transferred to the registry office within 3 days, where further registration of the divorce is made.
The final stage is the receipt by the former spouses of a certificate of divorce (it is issued in duplicate).
We have found out how to file for divorce injudicial and pre-trial procedure. As a rule, divorce itself does not cause great difficulties, it will be much more difficult when you begin to share property or collect alimony.