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How to file for divorce: the basic rules of divorce

When misunderstandings in the family acquirea critical nature, quite often the spouses begin to think about where to apply for divorce relevant statements (and how to properly fill out the necessary documents).

file for divorce
I must say that all the documentation concerningdivorce, is quite simple. It is necessary to note the state body where people who do not want to live together, personal data, address and contact phone number of the defendant and the plaintiff, data about the presence of children (and their number) are turning to. It also indicates the existence of property or other disputes. In addition, before filing for divorce, you should clearly find out for yourself its cause, as it should be formally indicated when completing the application. It is worth noting that most often there is such a causal factor as the disparity of the characters. You should also know that when you divorce you need to have copies of all the necessary documents.

Basic rules for divorce

Submit for divorce in the relevant departmentCivil Registry Office can only be with the voluntary consent of both husband and wife, as well as in the absence of underage children. At the same time, a certificate of divorce can be collected no earlier than a month. This corresponds to the Federal Law on the Civil Status of the Population.

where to file for divorce

It should be noted that filing for divorce can andone spouse (in certain situations that are specified in the Family Code). So, to the conditions that allow you to annul the marriage, you can include the conviction of one of the spouses (for three years or more), as well as cases where one of them is recognized incompetent or missing.

The Russian Family Code also containsrecommendations on how to divorce spouses who can not independently share their property, determine the place of residence of children or the order of paying alimony.

It is necessary to know, that in this case followsgo to court. To apply for divorce through this authority is also possible if one of the spouses refuses to appear in the registry office or if there is a small child who requires guardianship. It is worth noting that in cases where there are misunderstandings regarding a minor heir, applications for divorce are considered only by the district court.

 where to file for divorce
Issues related to the division of common property intothe amount less than 50 000 rubles, are settled by a justice of the peace. If the value of the property exceeds this equivalent, then the case is also considered by the district authority.

Determine where to file for divorce is notproblems. The duration of this process is clearly established by law. So, district courts should consider applications for divorce not longer than two months, and the world - in the first month (from the moment when the list of necessary documents was provided). It is worth noting that according to the Family Code, in some cases, the case can be postponed for three months.

In practice, the law governing divorceprocess, can not always take into account all the nuances. Therefore, the beginning of the trial can be repeatedly postponed, which increases the chances of reconciliation between spouses and the preservation of the family.

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