On the day when the wedding bells ring, no one of the young spouses thinks that they may be unhappy in this marriage. It just seems impossible, because they are happy, and they feel so good together. But very little time passes, and one of them understands that their further life together is impossible. Of course, it is good when both come to this conclusion, but life is not an easy thing, and situations can be different. But if you decide to divorce, then you need to know certain things.
Firstly, there are two ways to get rid of marital fetters. If both spouses are not opposed to parting, and they have no children and property disputes, then their decision is drawn up in the registry office. For this, the couple come together, write a divorce statement and bring with them documents for divorce. But a similar option is possible only when both husband and wife are ready to come together. But what if one of the spouses is absent? For example, he is seriously ill and is in the hospital or went on a long business trip. But at the same time, the spouses do not have children and property that needs to be divided. In this case, the legislation allows for the submission of separate applications, however, the signature of the person who did not appear at the registry office must be notarized. An application may also be filed by one of the spouses in cases where the other is declared legally incompetent, missing or sentenced to a long term. This can be confirmed through the court. In other words, there is nothing complicated in collecting documents for a divorce.
If one of the spouses is against divorce, or there are minor children in the family, or the spouses have not reached an agreement on property issues, then they will have to get divorced through a court.
If you have reached an agreement, or your relationship is governed by a marriage contract, which neither of the parties is trying to dispute, then you must go to the registry office together and write a divorce statement. You must also collect documents for a divorce at the registry office. These include: passports of spouses, a marriage certificate and a receipt that you have paid the state fee. One month after the adoption of the application, a divorce will be issued.
If you were unable to reach an understanding with your other half, then you will have to file a divorce through the court. This procedure takes longer. To begin with, you will have to write a statement of claim indicating the reasons for the divorce and the circumstances of the case, as well as attach all the necessary documents for the divorce through the court. The most frequent are disputes about who the child will live with, or about the division of property. You should state such questions in the statement of claim and attach evidence. For example, if the issue of a child is being resolved, the court has the right to demand other documents for divorce, for example, confirming your income and the possibilities of keeping a minor. There are situations in which a husband decides to divorce when his wife is in a position. Leaving aside the moral side of the issue, it is worth saying that in this case, the husband will still have to go to court, even though the child is not yet. When submitting documents for divorce, you must attach to them the consent received from the spouse. And of course, the court will decide the issue of alimony.