We all know that marriage can be terminated at any time, and at first it seems that doing it is quite simple. But when it really comes to this, immediately there are a lot of different questions: "How to file for a divorce?" and "What to do if the interests of the child are suddenly affected?"
We will answer all these questions in order.
Where to file for divorce?
Everything will depend on the situation here.
Civil Registry Offices
In the registry office, it makes sense to submit your application if:
- the marriage is dissolved by agreement of two spouses who do not have minor children;
- the union is terminated as a result of the recognition of one spouse as legally incompetent;
- the union between the spouses is terminated as a result of the recognition of one of them as missing;
- spouse sentenced (a) to imprisonment for a term of more than 3 years.
In other cases, you just need to go to court.
Magistrate's Court
This body will accept your application if:
- one of the spouses wants to divorce, but there is no dispute about the children between them;
- one of the spouses wishes to dissolve the marriage, and at the same time the dispute about jointly acquired property is not more than 50 thousand rubles;
- the spouse evades the divorce proceedings in the registry office, despite the fact that there are no reasons for the protest.
District Court
A claim is filed with this body if:
- married people could not independently agree on the place of residence of minor common children;
- It was not possible to come to a solution to the issue of the amount of child support;
- The issue of jointly acquired property, the amount of which is more than 50 thousand rubles, was not resolved.
How to file for divorce?
Under existing law, a claim is filed at the defendant's place of permanent residence. But at the same time there are exceptions when the application can be submitted at the place of residence of the plaintiff.
The husband is not allowed to file a lawsuit for divorce unilaterally during the pregnancy of his wife, as well as after the birth of a child for 1 year.
How to file for divorce: claim form
The application must contain:
- Name of judge or court name;
- place of residence of the plaintiff and his full name;
- place of residence of the defendant and his full name;
- the reasons for the divorce, which are indicated in the absence of mutual consent to the divorce;
- circumstances and facts on which the put forward claims of the plaintiff are based, and evidence confirming them;
- Are there other requirements that a judicial authority may consider in conjunction with a divorce lawsuit?
- when and by whom the marriage was registered;
- data on the impossibility of a divorce through the registry office;
- whether there are minor children and their age;
- whether an agreement has been reached between spouses on the conditions for the upbringing and maintenance of children;
- other information relevant to the divorce process;
- list of various documents attached to the claim.
How to file for divorce: list of attached documents
The list of documents includes:
- union certificate - original;
- copy of the application for divorce, which is sent to the defendant;
- birth certificate of a child;
- receipt of payment of state duty;
- information about the sources of income of the two spouses;
- if there is an application for the division of property, then an inventory is required;
- applications, petitions and certificates.
In this case, the petitions, for example, will include: an application for a deferral of payment of state duty or a petition for taking the necessary measures to secure a claim.
According to family law, at the time of termination of the union, spouses can submit to the judge for consideration an agreement on minor children, which indicates which of the parents they will continue to live with. If there is no agreement or the court as a result finds that it is contrary to the interests of the child, then the judge must determine who the child will be with after the divorce.
In this article we tried to answer all the questions regarding the divorce process. Now you know where to file for a divorce and what is needed for this.