Living a family life - not just a field to go ... Life in marriage is art and hard work. In ideal marriages, a family boat is kept afloat by two. Then the marriage lives for a long time, and the spouses are happy. And they never have a question: "How to apply for a divorce?"
But there are very few such families in our time. Increasingly, the family boat crashes. Too few people know how to cede to another, listen to his opinion, are not fit for joint management, etc. In such families, marriage soon becomes a burden for both. And the couple sooner or later come to a decision to divorce.
How to apply for a divorce?
How to apply for divorce and what should be the form of the document?
The application for divorce is written in free form andcontains the following information. This is the name of the judicial body, which is to consider this statement of claim. The application must reflect the contact details of both parties, the presence and age of the children, the presence or absence of property disputes from the parties to the claimant and the defendant, etc. The application specifies the reasons for the divorce. The claim is accompanied by the necessary documents. What documents should I collect for filing a lawsuit?
Required documents for filing for divorce:
- Statement of claim, which details the causes of divorce, the presence of children and their age, place of residence;
- a receipt for payment of the fee to the budget;
- Notarized power of attorney to certify authority to your representative (if you do not participate personally in court);
- the original of the marriage certificate;
- originals of children's certificates;
- certificate from the passport office at the place of residence of the defendant;
- certificate from the residence of the plaintiff.
Where should I file for divorce?
First, according to the articles of the Family Code of the Russian Federationthe divorce proceedings between spouses who do not have young children and children under the age of eighteen may be carried out by the registry office (art. 18) or may be conducted in court (art. 19, 21).
And the judicial review procedure is usedin cases where the respondent, despite the absence of reasoned objections, evades the resolution of this issue in the registry office or simply ignores the desire of the other spouse. If the plaintiff does not know the place of permanent residence of his half, he can apply to the nearest court at the last place of residence of the spouse or at the location of the common property of the divorcing spouses.
If the respondent disagrees with the divorce, the courtdecides on the appointment of a three-month period for possible reconciliation of the divorce parties on the basis of the article of the Criminal Code of the Russian Federation. At the end of this period, the spouses are summoned by the court summons to the court for a meeting, where further resolution of this issue takes place.
In the judicial order, the dissolution of marriage witha missing spouse or spouse recognized by the court as legally incompetent. Divorce cases between spouses are considered only in court if the plaintiff or the defendant is sentenced by a criminal court to serve a prison term of three years or more.
How to apply for a divorce? This thought is constantly spinning in your head and gives you no peace. When deciding on a divorce, be sure to think about your children. What will they be like? After all, children are equally fond of both parents. Think about the best happy days of living together, try to evaluate objectively your actions, weigh up all the pros and cons. And if after that you still decide to divorce, then try to get out of it with less moral loss. And ideally - it's better to stay with your ex-spouse (spouse) friends. After all, you still have to educate your children together, since the divorce does not relieve the parties of the obligation to participate in their upbringing and maintenance. And it's better if you do it voluntarily.
When divorcing in one case, the issues of keeping alimony for the maintenance of children are also considered.