Family relationships, including divorce proceedings, are regulated by the Family Code. How to get a divorce, where do you need to apply for this? Depending on a number of conditions, the application can be written either to the registry office or to the court.
How to file a divorce through the registry office
It is carried out if there is mutual agreement and there are no children under 18 years of age. To do this, you only need to submit a joint application or 2 separate, expressed in writing. In this case, the procedure will be quick, without complications.
How to file a divorce, what documents should be submitted to the registry office? In addition to the application, you will need a marriage certificate and passports.
Without the consent of the second spouse, divorce is possible through the registry office, if the latter is declared legally incompetent, is serving a sentence of more than 3 years, or is recognized as missing. In all other cases, divorce is carried out only in court. Through the registry office, divorce is carried out within a month after the application. Acceleration of the procedure is not allowed. After this period, information is entered in the civil registration book. Then a divorce certificate is issued to the former spouses.
How to file a divorce through the court
Occurs in the presence of common minor children, in the absence of the consent of one of the spouses, if necessary, the division of common property , etc. The court must provide a larger package of documents than the registry office.
How to file a divorce in this case, what documents will be needed for this? In addition to the statement of claim, passports and marriage certificates, we also need: a birth certificate for common children, a copy of the house book, confirming the defendant’s registration, a receipt for the payment of state duty. In order to get professional help and file a divorce, you can turn to the services of lawyers who will help to collect the necessary documents. But, of course, you have to pay for it.
The trial requires the participation of both parties. In the event that one spouse did not appear for a good reason, the meeting may be rescheduled. Participants are notified in advance of the time. The date of the meeting is set after pre-trial preparation and not earlier than 30 days after the filing of the statement of claim. At the court, all circumstances and facts are studied, and if it is established that it is impossible to save the family, the marriage will be dissolved.
If the application was received from only one side, the spouses may be given a certain period for reconciliation (from 1 to 3 months). This decision is made by the court, and it is not applied in all cases, but only at the discretion of the court. The judge notes an appointment again, and if the situation has not changed, the marriage is dissolved.
In a situation where spouses have minor children, but divorce is by mutual desire, the reasons for the divorce are not clarified. Spouses have the right to present to the court an agreement containing information about who the children will remain with, as well as the procedure for paying money for their maintenance. If this agreement violates the rights of the child or this document is not available at all, the court must find out with whom the child will live, who and in what amount will have to pay child support, at the request of one of the spouses to divide the property.
A marriage will be considered terminated from the moment the court decision comes into force. The court will send an extract from this decision to the registry office, where the marriage was concluded. Until the spouses are given a divorce certificate, they will not be able to remarry.
If the marriage was dissolved with a person who is recognized dead or missing, he can be reinstated by mutual application.
When divorcing, the parties also need to decide whether there is a need for the division of property. On the one hand, then the whole procedure will take more time, on the other hand, you will be able to resolve all disputed issues regarding property. If necessary, you can make a section in a separate process, after the dissolution of marriage.