Divorce can be done in one of two ways: through the registry office and in court. In the first case, a prerequisite is the consent of the two spouses (without fail). Divorce through a registry office is also possible in cases where the spouse is declared dead or missing, legally incompetent, if he is serving a sentence of imprisonment for a term of more than 3 years. The right to file an application for divorce also has the guardian of the legally incompetent.
Divorce through the registry office and the court is not carried out in the absence of the consent of the spouse, in case of pregnancy, as well as during the year after the birth of the child.
A divorce is made in court if there are minor children, since the state protects their interests, or a dispute over property, as well as other circumstances.
The procedure for submitting an application to the registry office
It is necessary to contact the registry office at the place of residence or where the marriage was registered. Mutual consent to a divorce is reflected in the joint statement. It is compiled in writing, it must indicate the date of compilation. If one of the spouses cannot come to compile this document, it is possible to write separate applications. Moreover, in order to document a divorce through the registry office, he must notarize his application .
Upon receipt of an application from a person whose spouse is a person sentenced to deprivation of liberty, incompetent or missing, the registry office must notify the other party or his guardians (trustees) within 3 days, and also indicate the time and place of state registration of the divorce. An incompetent or convicted spouse is required to provide information about the surname that they will choose after the divorce.
How to file a divorce through the registry office? Documents required:
- passports
- Marriage certificate;
- a statement of termination;
- receipt (state duty);
- a copy of the court decision on the recognition of the dead, missing;
- copy of the sentence of imprisonment.
Divorce through the registry office and its state registration are carried out a month later from the date of application. At the same time, at least one of the spouses must be present. Otherwise, the application will be canceled.
A marriage is considered terminated after making an appropriate entry in the civil registry book. After divorce, all spouses are given a divorce certificate. Until this moment, they have no right to enter into a new marriage. Spouses can receive a certificate both on the day of divorce and later.
A joint application may be revoked in writing by one of the spouses. The registry office must notify the other party in writing.
In the event that a person recognized as officially deceased or missing is declared, on the basis of a general application of the spouses, the marriage can be restored.
Divorce through a registry office is a simpler procedure than through a court. If there is a need to quickly and without unnecessary delays carry out a divorce, it is better to file a mutual application. Judicial proceedings can be dragged out. In addition, the court may set a date for reconciliation of the parties.