To live a family life is not just a field to cross ... Life in marriage is an art and hard work. In perfect marriages, two people keep the family boat afloat. Then the marriage lives for a long time, and the couple are happy. And they never have the question: "How to file for a divorce?"
But these families are very few in our time. Increasingly, the family boat crashes. Too few people know how to give in to another, to listen to his opinion, are not adapted to conduct a joint economy, etc. In such families, marriage soon becomes a burden for both. And the couple sooner or later come to the decision to get a divorce.
How to file for a divorce?
How to file for divorce and what should be the form of the document?
The application for divorce is written in free form and contains the following information. This is the name of the judicial authority to be considered this statement of claim. The application must reflect the contact details of both parties, the presence and age of children, the presence or absence of property disputes between the plaintiff and defendant, etc. The statement indicates the reasons for the divorce. The necessary documents are attached to the statement of claim . What documents should be collected for submission to the court?
Documents required for filing for divorce :
- a statement of claim, which describes in detail the reasons for the divorce, the presence of children and their age, place of residence;
- receipt of payment of duty to the budget;
- notarized power of attorney to certify authority to your representative (if you do not participate in court in person);
- original marriage certificate ;
- originals of children's testimonies;
- a certificate from the passport office at the place of residence of the defendant;
- certificate of residence of the plaintiff.
Where to file for divorce?
Firstly, according to the articles of the Family Code of the Russian Federation, divorce proceedings between spouses who do not have young children and children under eighteen years of age can be carried out by the registry office (article 18) or can be carried out in court (articles 19, 21).
Moreover, the judicial review procedure is used in cases where the defendant, despite the absence of reasoned objections, evades the decision of the issue in the registry office or simply ignores the desire of the other spouse. If the plaintiff does not exactly know the place of permanent residence of his half, then he has the right to apply to the nearest court at the last place of residence of the spouse or at the location of the common property of the divorcing spouses.
If the defendant disagrees with the divorce, the court decides on the appointment of a three-month period for the possible reconciliation of the divorcing parties on the basis of Article SK RF. At the end of this period, the spouses are summoned to the court for a meeting, where this issue is further resolved.
In court, a divorce is carried out with an unknown spouse (spouse) or a spouse recognized by the court as legally incompetent. Divorce cases between spouses are considered only in court if the plaintiff or defendant is sentenced by a criminal court to serve a prison term of three years or more.
How to file for a divorce? This thought constantly revolves in your head and does not give rest. When deciding on a divorce, be sure to think about your children. What will it be? After all, children love both parents equally. Remember the best happy days of living together, try to evaluate your actions objectively, and re-weigh the pros and cons. And if after that you still decide on the divorce proceedings, then try to get out of it with less moral loss. And ideally, it is better to stay with your former spouse as friends. After all, you still have to raise your children together, since a divorce does not relieve the parties from the obligation to participate in their upbringing and maintenance. And it’s better if you do it voluntarily.
In a divorce case, the issues of retaining child support for children are also considered.