Divorce Procedure: How to Do It Right?

In life, situations sometimes arise when it is too late to solve problems and radical measures are required to get out of circumstances that are not in our favor. Such a difficult situation is divorce.

When it becomes necessary to go to the registry office for a negative reason, a number of questions arise. What is needed for this? How to do everything quickly and correctly so as not to delay the procedure?

The answer to this question is, in principle, quite simple. However, understanding it yourself is not easy, even if you try to study family law. Therefore, it is better to get acquainted with the recommendations of specialists.

So, the divorce procedure begins with the clarification of the consent of both participants in the marriage to its dissolution.

The elimination of marriage is possible with the mutual consent of both spouses and by mutual application to the registry office. In this case, after 30 days the marriage will be terminated.

Exceptions are cases if one of the two spouses does not agree to a divorce, is declared legally incompetent, is missing, or is serving a sentence imposed by a court and exceeding a period of 3 years. Only in a court of law marriages in which there are minor children are divorced. Then one of the parties filed a lawsuit .

In order for the divorce procedure to be initiated by the participants on their own, it is necessary to comply with the requirements of the court, which include collecting the necessary documents for this, drawing up an application, submitting the prepared papers to the court.

The divorce procedure provides for the collection of the following documents.

  • Statement of claim (2 copies);
  • Marriage certificate;
  • birth certificate of a child (copy);
  • a copy of the house book confirming the registration of the defendant;
  • state duty receipt;
  • other documents that the court may request for a specific process.

In this case, the participation of both parties in the court proceedings is required. If one of the parties for some reason (recognized by the court as valid) cannot participate in the meeting, the divorce procedure is postponed to a later date. Participants are notified in advance of the date and time of the subsequent meeting.

The date of the hearing is set after pre-trial preparation, not earlier than thirty days from the date of application.

During the trial, if necessary, a division of property can be carried out, but this will delay the procedure in time. To prevent this from happening, the division of property can be carried out in a separate process - after the marriage has already been dissolved.

Since the divorce procedure is lengthy and painful for the participants, in recent years, cases of involving legal intermediaries - representatives in court - have become more and more frequent. This allows you not to attend the court in person and save your nerves and time.

Based on the results of the judicial review of the application for declaring the marriage invalid, an extract from the court decision is issued and the marriage can be considered dissolved. This extract indicates the fact of a divorce, however, for the final completion of the procedure, you must contact this registry office. Only in this case the divorce procedure is legally considered completed. According to Art. 25 IC RF, a marriage is considered invalid from the date of registration of its dissolution in the civil registration book or from the date the court decision comes into force. The court decision must be registered with the registry office at the place of initial registration of marriage.

The procedure for divorce ends with the fact that former spouses are given a certificate of divorce. From this moment they have the right to enter into other marriages.

Source: https://habr.com/ru/post/A12415/

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