Many dream of a loved one, with whom they will later create a family and have children. Dreams come true, however, unfortunately, quite often life gives us not only positive emotions. Divorce is always unpleasant. Even so, you need to know some rules. Divorce in the registry office has a certain order.
To begin with, it is worth noting that there are two cases.
- Termination of marriage, which occurs when one or both spouses die.
- Divorce in a registry office. It is carried out after the filing of an application by one or both spouses and its consideration by the relevant authorities.
In this article, we will consider issues related to the second case.
Divorce in the registry office can be carried out for several reasons. In the days of the Russian Empire, for example, the main one was called "proven adultery." In addition, there are some other obstacles that interfere with normal family relationships. For example, the premarital disease of one of the spouses, or his disability. In the second case, marriage (according to the Family Code) is officially recognized as invalid. The absence for a long time (officially - missing) of one of the spouses also gives the husband or wife the right to file for divorce. In the event that the reason for the desired divorce is too personal or the couple simply does not want to name it, the law does not prevent this, but only if:
- both one and the second spouse agree to divorce;
- there are no minor children in the family.
The procedure for divorce in the registry office
First of all, you need to apply. Who can do this? Both spouses. Both jointly and separately. In the event that the husband or wife is legally incompetent, the application must be submitted by the guardian. No one else has such a right.
Under Russian law, a husband is not entitled to file for divorce when his wife carries a child. It is impossible to do this within a year from the date of birth. This applies even to cases where a miscarriage has occurred.
After submitting the application, the spouses are given some time (one month) for possible reconciliation and compromise. In the event that the couple has not changed their decision, the marriage is dissolved in the registry office.
If a question arises about the division of property (of course, acquired together), the divorce is carried out in court. In the presence of a marriage contract, they are based on its provisions. However, if it is not there, the Family Code provides for the division of property in half. This applies to those things and real estate that were acquired in the process of living together. Gifts made to one of the spouses and the inheritance received are not included in the list of such items. Not included in it is what a person owned even before the wedding.
Who are the children with? As a rule, with the mother, however, very often this issue becomes the main stumbling block. It may be that the father has better living conditions, more material means that can ensure the worthy existence of children. In this and similar cases, the court decides in favor of the father. In this case, of course, the opinion of children is taken into account.
In principle, these are the main points that you need to know during the divorce process.