How to file for a divorce - details and nuances

If you decide to break off family relationships and file for divorce, immediately discard unnecessary emotions, the main thing is that the decision has already been made and it’s pointless to be nervous about this and it’s not good for your health. Before you file for a divorce, take a piece of paper and for yourself designate the milestones in your family life: a wedding, having children, buying things, equipment, housing, and more. Divorced children - a separate conversation and we will touch upon it. And seeing the joint property listed on paper, it will be easier for you to begin the process of division. So, we will consider several situations.

Spouses are registered in different cities

It is possible to submit an application in this case. The law allows the filing of claims for divorce at the place of residence of the plaintiff, not the defendant. If you have minor children who live with you, and it is difficult to travel to your spouse's place of residence, you can send a statement to the court at the place of registration. On the other hand, if there are no children, the decision to divorce is mutual, the application is submitted only at the marriage registration point. You can file a lawsuit with a valuable letter with a list of investments or involve proxies (friends, parents) in filing. A sample divorce application can be obtained from the registry office at the place of your current registration. If one of the spouses does not agree to a divorce, the application is sent only to the court.

One of the spouses is hiding

Such cases can be caused by a complete and painful severance of relations, debts to creditors, a criminal record, refusal to pay child support - which just does not happen. If you find yourself in such a situation, contact the justice of the peace at the place of the last known registration of the spouse. A sample application for divorce in court in such cases can be obtained from a justice of the peace, in a regular court or in legal advice. The notarized assurance of your consent to a divorce without your presence, the refusal of "time for reflection and reconciliation" is attached to the completed application. Be sure to specify the address where you will be sent the documents of divorce. Before you file for a divorce and send a letter, pay the state fee (the receipt must also be attached to the application).

Divorce and children

By decision of the wife, divorce is possible at almost any time, only your application is needed. On the part of the husband, this does not always happen: divorce is not possible if the spouse is pregnant, or the baby is less than one year old. Of course, you can leave your spouse, in your power to agree with the "former" on the division of property, material assistance to the child. You can get the official divorce paper only after your child’s first birthday. Always remember one thing: how to file for divorce - one procedure, receiving child support for minors - another. And never a divorce involves the automatic assignment of alimony. This is done by an additional statement.

Of course, every parent must take care of his child, and vice versa. To make adequately providing children with alimony possible and achievable. But to do this is better by mutual agreement, and not forced. If the relationship is bad, the psychological background before applying for a divorce is not the best in the family. But there is one fact - children grow up and often have their own opinions in relation to both parents. The formation of this opinion under pressure is undesirable. Moreover, the deprivation of parental rights does not occur by decision on divorce. Nothing prevents a decrepit and aged father or mother after some time to file a lawsuit in court to recover alimony from his own child because of his own incapacity.

You can find out more about how to file for a divorce in a legal consultation if your situation is more complicated than those that we examined.


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