It just so happens and, which is very unpleasant, it happens quite often - recently people who have sworn to each other for eternal fidelity and love become completely aliens and the most exciting question for them is how to get a divorce? So what to do and where to go? The 4th chapter of the Federal Law and the 4th chapter of the Family Code “On acts of civil status” - these provisions serve as the basis for divorce proceedings.
At the place of residence of the husband and / or wife or at the place of the state registration of marriage, an application is submitted to the registry office (joint), which is reflected in article 32 of the Federal Law. Spouses have the right to apply to this body when each of them agrees to a divorce and they do not have underage joint children. It is allowed to submit a separate application of one of the spouses for a good reason (illness, long trip, etc.), however, in this case, the signature on a separate appeal must be notarized.
How to get a divorce if the spouses have minor common children? An exception to the general rule is the recognition of one of the couple as missing or incompetent, or serving a term of imprisonment (more than three years) for the commission of a crime, as indicated by the Family Code (Article 19 para. 2). In the case under consideration, the application to the registry office is submitted by the husband / wife or the guardian appointed to one of them (in the event of incapacity) (Art. 16 SK p. 2).
When the allotted time expires from the date of filing the application for divorce (one month), the act of divorce occurs, and at least one of the spouses is mandatory in this process (Federal Law, art. The question of how to get a divorce is settled - the ex-husband and wife receive a certificate confirming the termination of their union.
The state duty is charged for conducting state registration of divorce (including the issuance of certificates of divorce) in the amount of 400 rubles. When a divorce occurs with the missing, convicted or legally incompetent, the state duty is reduced by half and amounts to 200 rubles.
How to get a divorce when there is no mutual consent to divorce or there is a minor common child? Definitely, only through court. In addition, this issue is resolved in the presence of a judge, and then, when one of the spouses who had previously agreed to divorce the registry office, subsequently began to avoid divorce (SC Article 21). The state duty in the amount of 400 rubles is paid for the statement of claim (TC Art. 333.19 p.1 subparagraph 5).
How to divorce a wife without her consent? You can immediately make a reservation that a divorce is not possible at all if the spouse is pregnant or the child is not yet another year old. Even if the child died, without the consent of the wife, the question of divorce up to a year is not considered by the court. In other cases - exclusively through the court. Moreover, the wife has the right to support from her husband until the child reaches the age of three years, of course, if the provision of maintenance is possible from the side of the former spouse (SK of the Russian Federation, article 89, clause 2). Divorce without the consent of one of the spouses is carried out in the case when the court established the impossibility of further family preservation and their joint residence.
In other cases, the court has the right not to consider a divorce case without the consent of one of the spouses for up to three months. How to get a divorce in this case? After the time for reconciliation expired, the court appointed and the desire to divorce from one of the married couple still did not disappear, and the measures were unsuccessful - the court considers the claim and divorces.
Usually, simultaneously with the filing of a statement of claim to terminate the marriage, the spouses submit the following agreements to the court for consideration: on the division of property, maintenance, on the place of further residence of the minor common child. When these agreements are absent, the spouses have the right to raise the issue of the requirement to consider these issues in a judicial divorce proceedings (SC Article 24).