How to file the application for a divorce

How to file the application for a divorce

Yes, once you exchanged wedding rings and promised to be each other together both in the mountain, and in joy, "so far death will not separate us". But time showed that you after all are not created for each other and your joint life has to will end. The decision to leave is made – and there came time to file the application for a divorce. How to make it?

Instruction

1. If you get divorced that is called "peacefully", having agreed among themselves about how to divide jointly acquired property, and you at the same time have no children (or they already reached majority) – it is possible to dissolve a marriage through the REGISTRY OFFICE. For this purpose you need to come together to the REGISTRY OFFICE, to submit a joint statement and to pay the state fee (all practically as well as at marriage registration), and in a month to be behind the divorce certificate. In that case it is not obligatory to specify the cause of a divorce in the statement.

2. In some cases in the REGISTRY OFFICE can issue a divorce and according to the statement only of one of spouses. There is it in three cases: if one of spouses is recognized as incapacitated, is unknown absent or is sentenced to imprisonment for the term of over three years. In that case it is necessary to add the documents confirming these "special circumstances" to the statement: the copy of a sentence, the judgment on recognition of the husband or the wife it is unknown absent and so on.

3. If you have minor children, the section of property is necessary, or just one of spouses refuses to get divorced (or agrees, but "plays for time" and cannot reach the REGISTRY OFFICE in any way) – you can file the petition for divorce to the magistrate at the place of residence (for filing of application it will also be required to pay the state fee). Court session will take place again not earlier, than in a month.

4. In case appeal to the court happens only because of presence of the child, and you agreed among themselves about how there is a section of property and with whom there are children – it is worth specifying in the statement that the friend to the friend and disagreements concerning distribution of children you have no claims. In that case the judge in fact just legally makes out a divorce.

5. If you have claims to the spouse, and you are afraid that the divorce will not take place "smoothly", - specify the reasons of your decision in the statement and be ready to provide proofs that the husband beats you (references from emergency station, testimony) or that the wife wastes all money for nonsense (checks, account statements).

6. If your husband or the wife do not wish to get divorced and therefore ignore court sessions invitations, the judge can make the decision on a divorce and in the presence of only one of spouses. Pay attention that the divorce at the initiative of the husband is impossible if the wife expects a baby or if from the moment of childbirth passed less than a year.

Author: «MirrorInfo» Dream Team


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