How to file for divorce: basic rules for divorce

When misunderstandings in the family become critical, quite often spouses begin to think about where to file for divorce relevant applications (and how to properly fill out the necessary documents).

file for divorce
I must say that all the documentation related to divorce is quite simple. It should be noted the state body where people who no longer wish to live together apply, personal data, address and contact phone number of the defendant and the plaintiff, data on the presence of children (and their number). The presence of property or other disputes is also indicated. In addition, before applying for a divorce, you should clearly find out for yourself its cause, since it should be formally indicated when filling out the application. It is worth noting that most often such a causative factor as inconsistency of characters appears. You must also know that when you divorce you need to have copies of all the necessary documents.

Basic rules for divorce

You can file for divorce in the appropriate registry office only with the voluntary consent of both husband and wife, as well as in the absence of minor children. At the same time, the certificate of divorce can be collected no earlier than a month later. This complies with the Federal Law on the Civil Status of the Population of the Country.

where to file for divorce

It should be noted that one spouse can file for divorce (in certain situations, which are indicated in the Family Code). So, the conditions that allow you to annul the marriage include the conviction of one of the spouses (for three years or more), as well as cases where one of them is recognized as legally incompetent or missing.

The Family Code of Russia also contains recommendations on how to divorce spouses who cannot independently share their property, determine the place of residence of the children or the procedure for paying child support.

You need to know that in this case you should go to court. You can also file for divorce through this authority if one of the spouses refuses to appear in the registry office or if there is a small child who requires custody. It is worth noting that in cases where there are misunderstandings regarding the minor heir, applications for divorce are considered only by the district court.

where to file for divorce
Matters relating to the division of common property in the amount of less than 50,000 rubles shall be decided by the justice of the peace. If the value of the property exceeds this equivalent, the case is also considered by the district authority.

Determining where to file for divorce is not a problem. Moreover, the duration of this process is clearly established by law. So, district courts should consider applications for divorce no longer than two months, and world courts - in the first month (from the moment the list of necessary documents was provided). It is worth noting that according to the Family Code in some cases, the consideration of the case may be postponed for three months.

In practice, the law governing the divorce proceedings cannot always take into account all the nuances. Therefore, the beginning of the trial can be repeatedly delayed, which increases the chances of reconciliation of the spouses and the preservation of the family.

Source: https://habr.com/ru/post/F23222/


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