Making a divorce: court or registry office?

Making a divorce is a fairly common procedure. Many couples for one reason or another decide to divorce. Where can I get a divorce? How long does the procedure take? What is the list of required documents? These are very topical issues.

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Registration of a divorce through the registry office

Termination of family relations can be made through the registry office. But there are some limitations. First, consent to divorce should be mutual. Secondly, spouses should not have minor common children.

In such cases, the registration of a divorce does not last too long. Spouses should contact the registry office together, preferably in the department where the marriage was registered at the time, or at the place of registration. This requires a general statement from the couple, which will attest to their consent. In addition, a marriage certificate and passports are required.

After submitting the application, the spouses will be given a month for reflection. If after this time the desire to divorce has not disappeared, the divorce will be registered.

It is worth noting that the registration of a divorce can be carried out without the presence of a husband / wife, but only if one of the spouses is missing, dead or there is no information about his whereabouts.

Divorce by court

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If only one of the spouses seeks to break off the marriage relationship or if there are minor children in the family, then the divorce can be carried out exclusively through the court. What documents may be needed? As in the previous case, you need passports, a marriage certificate, as well as a birth certificate of the child (children). In addition, one of the spouses must draw up an application and pay the state fee.

After registration, applications are given to spouses from one to three months. Only then is the date of the hearing set. Both spouses must be present at the trial. If for any reason one of them is absent, the hearing may be postponed.

Important issues during divorce are the division of property and custody of children. In cases where the spouses have agreed among themselves on who will remain the guardian, and also agreed on the alimony and the division of property, no problems should arise - the judge will take into account all the wishes of the couple.

If the husband and wife do not have a single opinion, then the judge must listen to the arguments of both parties and only after that make a decision based on what exactly will be better for the child.

Divorce from a foreigner

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A divorce from a citizen of another country can take much longer. Where is the divorce filed? Where to apply? These are precisely the issues that interest people who decided to divorce. To begin with, it is worth noting that the procedure goes the same way - through the registry office (if there are no minor children) or through the court. It does not matter in which country the application will be submitted.

Of course, everything will go much easier and faster if both spouses contact the court or the registry office. But in the event that the husband and wife live in different countries, you can try another option.

If the application for divorce is filed in your country, then the spouse, who is a foreign citizen, can collect all the necessary documents in his homeland. Applications, copies of passport, etc. must be certified by a notary in another country, and then sent to you.

Source: https://habr.com/ru/post/F152/


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