In accordance with the articles of the Family Code, divorce can be made through the registry office or the court, which means that the package of documents will be different. Divorce documents for the registry office and the court are slightly different. What exactly needs to be provided - you can check with lawyers or look at special stands in the registry office or in the courthouse.
It is possible to dissolve a marriage through a registry office if:
- no common minor children;
- spouses voluntarily agree to terminate the marriage.
The procedure is quite simple: the couple go to the registry office together and file for divorce:
- joint statement of the established form;
- original certificate of marriage registration;
- a certified extract from the house book issued to the spouse submitting the statement of claim;
- original receipt of payment of duty.
A written joint statement “On Divorce” of the established form is filed at the place of residence of the spouses (both or one of them) or at the place of registration of the marriage.
If, while writing a joint application, one of the spouses cannot be present for good reasons (business trip, illness, living in a remote area), then it is possible to submit separate applications, provided that the notary confirms his signature.
As a rule, the registry office does not ask about the reasons for the divorce, about the problem of preserving the family, and does not give time to consider the action and possible reconciliation. But there is undoubtedly an indirect influence of the registry office on the decision made by the spouses: the official divorce and the issuance of certificates will occur only after 30 days, so the reconciled spouses can withdraw the application during this period.
Such a divorce does not require additional visits to the registry office, it requires a little time and financial costs.
If within 30 days the application for divorce is not withdrawn by the spouses, then after the specified period they come to the registry office for a certificate of divorce. The passport is stamped on the divorce, and in the registry book of the registry office is recorded. In the event of a divorce in the registry office, the actions of the spouses through a representative are not allowed.
Divorce through court. What documents are needed for a divorce
Judicial divorce is made in cases when:
- spouses have minor children;
- one of them does not agree to a divorce;
- one of the spouses avoids divorce through the registry office.
One of the spouses can file for divorce:
- the statement of claim of the established form, which indicates the reason for the divorce;
- copy of the statement for the defendant;
- copies of the birth certificate of the child or children;
- original certificate of marriage registration;
- a certified extract from the house book issued to the spouse submitting the statement of claim;
- original receipt of payment of duty;
- if the application is submitted by the spouse, but the family has a baby under 1.5 years old, then written consent for divorce from the spouse is required;
- petitions (for example, by installments of payment of state duty, etc.).
There are special cases where the question of how to file for a divorce is better to decide in advance with a lawyer.
The judge accepts the claim for production, after which the stage of preparation for the trial begins: the parties are explained the rights, the opinion of the defendant regarding the divorce is clarified, the evidence of the parties is examined.
At all stages of the trial, the judge seeks to reconcile the spouses and keep the family apart, especially if the couple has minor children. A judge may adjourn the proceedings in order to reconcile the spouses on their own initiative or at the request of one of the parties. The law provides for up to three months. If the spouses are reconciled, the proceedings are terminated. Otherwise, the spouses are bred after 30 days. When the decision comes into force, spouses can receive an extract from the decision.