Divorce is a difficult episode in family life. But if the couple approached this issue with full confidence, this difficult procedure from a moral point of view will be necessary to go through. And very often, most people do not know how to start the process, what documents are needed for this, where to submit them, for how long the divorce procedure will take. Do not forget about the fact that under the Family Code, article 17, if your spouse is in a position or your child is still very young, that is, his age has not reached 1 year, your application for divorce through a court will be rejected, and termination marriage will be impossible. Such restrictions do not exist if a lawsuit is filed by a woman.
Where to go
It depends on some factors:
- absence of children under the age of majority;
- lack of claims for joint property;
- both parties agree to divorce.
If your case includes all three conditions, then you will spend much less time and nerves on the procedure. The application applies either to the registry office at your place of residence, or to the authority where your marriage was registered. It takes a month to make a decision after you have passed all the necessary documents.
Conditions for going to court
The conditions for applying to a court for divorce are:
- the presence of minor children in the family;
- disputes about joint property;
- your half does not agree with a divorce;
- if no agreement is reached with whom the children will remain.
In order to file for divorce through a court of law, a statement of claim must be sent to the court to which your spouse’s place of residence belongs if he lives separately. Another option is also possible, if the plaintiff has a dependent child under the age of majority, the applicant can submit an application for divorce through the court at his place of registration. The first hearing on your application will take place in a month, which you will be notified with a subpoena to the court.
Documents for submission to the court
Of course, getting divorced is simply not possible at will; there are certain rules to make a divorce. Documents, application - all this must be submitted without fail.
Divorce is a procedure for which the following documents must be submitted:
- Application to the registry office or a judicial institution. A lawsuit is filed for divorce through the court. A sample application is written only in writing.
- Passport of the plaintiff.
- If you have children, you must provide copies of birth documents.
- Payment of state duty (must be confirmed by bank receipt).
- Copy of marriage certificate.
- Certificate of residence.
Necessary documents, including an application for divorce through a court, are submitted in person or by registered mail.
A divorce will not work for free. If there are no additional claims for the division of common property, the provision of alimony, then the only expense will be the payment of the state fee from each spouse, regardless of whether you filed an application for termination with a judicial institution or the registry office. Its size will be 400 rubles.
If, by submitting an application, you cannot fill out a standard divorce form through a court yourself and formulate all the necessary conditions and requirements, then you will need professional help from a lawyer. The services provided by a lawyer for paperwork, you will have to pay. The statement should contain many factors: passport data, marriage registration data , reasons for divorce. If there are additional claims, information about them is also included in your application.
You need to be patient, because the procedure is not quick, and at the first meeting no decision will be made. The length of the trial depends on your personal circumstances. The judge by all rules will have to set up a second hearing in your case.
At the first examination, your rights and obligations will be read by the judge. Having considered all your arguments and claims to each other, the judge will set the time for possible reconciliation, from one to three months. Most likely, this period will be limited to one month, and a second hearing will be scheduled. It should be noted that the appearance of at least one of the parties is mandatory, if both parties fail to appear at the second hearing in a month, then your application for divorce through the court is automatically canceled.
After the allotted time, in the second process, you will be asked whether you have changed your decision in a month. If this does not happen, the judge shall issue a verdict on the dissolution of the marriage. Now you just have to get an extract with a court decision and go to the registry office, where you will receive a certificate of divorce. Only from the day when an entry is made to the list of registration of acts in the registry office, your marriage will cease to exist. Your other half can always refute the divorce; for this, an application for cancellation of the court decision is submitted. This can be done after receiving a copy of the documents on the conclusion of the court on hand.
You can get a divorce in court, even if your half does not agree with your decision and rejects the lawsuit.
In the event that the defendant strongly disagrees with the divorce, therefore ignoring the court visit, the hearing will be adjourned 3 times, each time for a month. If the defendant does not appear, then you will be divorced automatically, and you will be completely free.
The defendant is not against a divorce, but the circumstances are such that he has no opportunity to attend the hearing? In this case, the court may postpone the date of the hearing. The defendant may also instruct his representative to attend the trial in his place, having previously issued a power of attorney with a notary.
Situations in family life are different, sometimes it comes to the point that living together becomes simply unbearable. Many divorces are committed in a fit of hatred. It is always worth taking a sober approach to this decision, with a cold mind, and not in emotional tension. On emotions, very often people make mistakes, which they later regret. That is why it is worth thinking about divorce only with a cold head. After all, family happiness, homeliness and warmth are values that are worth fighting for. Take care of each other and your family.