Today we have to figure out which court to file for divorce. And in general, when exactly can this operation be required directly through the judiciary? After all, they do not always get divorced in this order. In addition, you will also have to deal with the immediate terms of circulation, a list of necessary documents and all the subtleties of this process. In fact, divorce is very common. And far from in all cases it is possible to solve the assigned task peacefully. So what are the cases?
Peacefully
The first and simplest scenario is when you donāt have to think in which court to file for divorce. After all, far from all cases in a court of law divorce occurs. Most often, you can do without these instances.
That is, if you just want to terminate the marriage, which, for example, did not last too long, then you should not think about the trial. Indeed, in practice, the union is terminated in the same place as it is - in the registry office. True, there are exceptional cases when you must contact the judicial authorities without fail.
Through the registry office, joint terminations are usually issued (by agreement of both parties), as well as taking into account the absence of common property and, of course, children. If there comes ājust a coupleā who wants to get a divorce, you can do it directly through the registry office at your place of residence / residence or your spouse, wherever convenient. Otherwise, you have to think in which court to file for divorce.
Children
In principle, it has already been said that you can get rid of the task without any problems. And without recourse to the judiciary. But this is not always possible. Usually they think about which court to file for divorce (in Omsk and other cities) in the presence of minor children.
Please note: in this situation, the process will not work through the registry office. It is forbidden. Even if you, in principle, have no disputes. So the question remains open. Remember, when it comes to minors, you will have to mandatory look for the answer to our today's question. There are two scenarios. But only about them later. To begin with, when does it still make sense to think in which court to file for divorce (in Nizhny Tagil and other cities)? After all, this is additional paperwork. And sometimes it can be avoided.
Property
The next option, which takes place, is the presence of common property of the spouses, that is, jointly acquired. Yes, usually divorces can be filed without judicial authority, but in the presence of children and property disputes, this is simply impossible.
Such rules are established in Russia. It doesn't matter if you have an agreement or not. You still have to think about which court you can file for a divorce. In principle, as with children, there are two treatment options.
Deviators
On this, the list of cases when it is impossible to dissolve the marriage by applying to the registry office does not end there. We have already learned the most frequent layouts - these are children and the presence of common property. But that is far from all. The fact is that often one of the spouses does not agree with the divorce process. Moreover, he avoids a visit to the registry office and does not express a clear disagreement.
In such a situation, you can think about which court to file for divorce. This is not so difficult in fact, because the choice is not so big. Remember: if one of the spouses evades the process, but does not show any obvious signs of protest, you can calmly dissolve the marriage in court. Just find out exactly how this is done.
Payouts
What else to look for? For example, the fact that there are still some deals that require mandatory appeal to the judicial authorities of the Russian Federation for the implementation of the divorce proceedings. In fact, itās not so difficult to figure out where to go, rather than understand when to do it.
In addition to all of the above options, outside the registry office will have to dissolve the union of former spouses when there are any disputes. It has already become clear that the conversation can go either about property, or about children. But that's not all. You will have to think in which court to file for divorce (in Vologda, Kaliningrad, Moscow and other regions of the country) when you cannot solve the issue of the amount of the alimony paid to you for minor children. In this situation, you really have to try pretty hard. So which judicial authorities can and should be addressed in a particular case? And how exactly does this process take shape? What to prepare for? What might be required? To understand all this is not so difficult if you start preparation in advance.
World judge
Have you ever wondered what lawsuit to file for a divorce? Worldwide - this is how many will answer you. The thing is that it is here that all the āfamily disassociationsā that relate to the divorce process usually occur.
True, not in all situations it is this body that will help you in the implementation of the process. After all, restrictions also apply here. You can apply to the magistrate court when you and your spouse have minor children, but you were able to agree on with whom they will live. Not the most frequent, but very unpleasant case. If there are no disputes in any respect, and you also have children, then it is the magistrateās court that will help you in obtaining a divorce.
They also turn here when there is no fully acquired property. Especially if you have children. And at the same time, the justice of the peace will consider the application when the joint property does not exceed 50,000 rubles in total.
Which court to file for divorce? In the world! But this option is also relevant for cases when one of the spouses is a "deviator." In the registry office, he is not for divorce, but at the same time does not express explicit protest and unwillingness to deal with this case. So the option with a magistrateās court quite often takes place. But not always. There is another alternative.
Area
Which court to file for divorce? District also takes place. And it is just customary to consider that such a situation will be accompanied by disputes, quarrels, disassemblies. Why? Everything is very easy and simple.
The fact is that in all other cases it is necessary to seek help here. If you describe everything point by point, then we can distinguish situations in which there are disputes regarding children. Such cases are considered only in the district court, the world will refuse you.
Among other things, property disputes will also be resolved in this judicial body without fail. Especially if the amount of joint property exceeds 50,000 rubles. And it doesnāt matter if there is a dispute between you or not. The fact remains.
If there is a dispute regarding child support and their size, there is also a district court. In all other cases, as a rule, spouses either apply to the world, or draw up a divorce process with the help of the registry office. There is nothing particularly difficult here. Only here paperwork is more than enough. So how to prepare? What is needed in this or that case?
The court will not help
Do not rush. Please note that it is not always possible to think and decide which court to file for divorce. The fact is that laws are designed to protect families and their members. Therefore, there are exceptional cases when it is generally impossible to dissolve a marriage.
It makes no sense to think in which world court to file for divorce (or district, it does not matter) when it comes to pregnant women. In this situation, a man has no right to divorce. Dates, of course, are also available. While the woman is pregnant. And in the first year of the babyās life, the stronger sex also does not have this opportunity.
But a woman can apply for a divorce. Moreover, in any court, depending on the situation. Although in practice, most often the process is executed using the registry office. It is not as difficult as it seems. So we learned all the options for the development of events. Now you can directly prepare for a divorce. How exactly? Where to start? What can be useful in this or that case?
Documents
Well, now you can proceed directly to the collection of all necessary documents. This process is extremely important. Especially if you had to think in which court to file for divorce. After all, in a court of law divorce has many nuances, as well as subtleties. And paperwork here is quite a common thing. So what is needed to achieve the goal?
You must file a claim. It indicates the details of the parties (you and your spouse), as well as the address of the court to which you are applying. The reasons will also have to be reported. In general, a standard form statement should contain all relevant information that can only come in handy. The list of jointly acquired property, information about minor children, as well as your contacts for communication and possible disinterested witnesses and persons who are able to confirm certain events, are all spelled out in this document. Without it, it simply does not make sense to contact the judicial authorities.
In addition, you will also have to attach your ID. More precisely, we are talking about a passport. A copy is required. It is also advisable to present your spouse's passport. An exception is cases when the other side is clearly hiding and does not want a divorce, avoids it by all means. But here personal passport details (of the plaintiff) are presented to any court without fail.
Marriage documents are also attached. Moreover, copies. If you have a prenuptial agreement (contract) on hand , you will either have to attach it in the original, or a copy certified by a notary will do. The absence of this document, if any, is a huge problem.
We figured out which court to file for a divorce. Moreover, it is now clear in what cases and where to "go". Only the above documents are not enough for your application to be accepted and considered. Why?
If you do not have children, then, as a rule, they do without trial. In this situation, it is enough to apply to the registry office with a passport and copies (do not forget the marriage certificate), and then wait a while. But the court is a completely different conversation.
Among other things, you must present the birth certificates of the children. Without fail. Copies of these are attached to the application. True, we are talking only about minor children. If they are already over 18, then this document is simply not needed.
This also does not end the list of everything you need. The divorce process is that which has many subtleties and nuances. Especially if you have a property dispute. And, of course, when there are minor children. The second case will add a lot of paperwork to the above list of documents, regardless of where you will turn to the magistrate or district court.
Additionally
What other points are worth paying attention to? An important point is the payment of state fees for divorce proceedings. At the moment, there are two options for the development of events. The first is when two spouses agree to a divorce. In this situation, you need to pay 650 rubles for a divorce. But if you apply to the judiciary, then the payment is reduced. Slightly, but still. In this case, you will have to pay only 350 rubles for the āstatementā. Such rules apply in Russia for 2016, changes here occur frequently. Therefore, it will be necessary to check the compliance of the data annually. Indeed, in the absence of payment of the fee, you will not be able to terminate the marriage.
In addition, you will have to worry about proving your solvency. And demonstrate minimal solvency. Especially when it comes to children. Indeed, in this case, the question of who they will live with is decided in court. And you will have to confirm the fact that you are able to provide everything the child needs. Otherwise, if there is a dispute in the district court, you will be given a decision according to which the children will live with the other spouse. Here is such a delicate moment. Itās easier to figure out which court to file for a divorce . But how to prove after their viability?
What will help here? Documents on the right of ownership of real estate, any evidence that you have a roof over your head or that relatives can provide you, witnesses who will confirm your condition, income certificates, copies of your work book - all this will only help.
Special attention is paid to witnesses. No matter what court you file for a divorce, you should, just in case, seek the support of others. We need uninterested witnesses who can confirm your lifestyle, career, and health. By the way, a medical report on the state of health in the court is also desirable to present. Especially if you have disputes regarding the residence of minor children. After all, the judiciary will never leave a child with a mentally unbalanced, and, frankly, sick person. Even if he can provide the baby with a decent standard of living.
Summary
That's all. Now itās clear in which court you need to file for divorce in a particular case. Moreover, the whole process and its subtleties are no longer a mystery to us. Indeed, divorce is not such a simple matter, as soon as the issue begins to concern judicial debate. In practice, this process usually lasts quite a long time, especially in the presence of some serious disputes.
Please note that you may be given time to reconcile. Moreover, on average a month is allocated for this, sometimes two. Particularly frequent practice in a magistrate court. But if you refuse, then you can resume the debate at the appointed time. Do not want to put up? Then you will be divorced taking into account all the documents that you have presented.
In general, it is advisable not to bring the matter to court. Yes, and before the divorce, too. Try to take a closer look at your partner before you connect your life with him. Then you wonāt have to think again about which court to file for a divorce. After all, you can do without this process.