Divorce is considered an unpleasant event for any person. He suggests that between two people officially ceases family relations. The process of divorce can be implemented through the registry office or the court. In any case, if minor children remain with the citizens or if they have disagreements about how the common property will be shared, the court will have to intervene with the judge. Every person who decides on the need for divorce is interested in the question of where to file for divorce.
Legislative regulation
The process of divorce is regulated by various articles of the Family Code. Basic information is contained in Art. 18-25 SK.
Additionally, jurisprudence on this issue is taken into account. Often there are situations when judges make a decision that is completely contrary to the wishes of the plaintiff, but at the same time taking into account the interests of minor children or the defendant.
Divorce has significant differences from invalidating a marriage. Divorce is represented by a process implemented on the basis of a voluntary decision by one of the spouses or both citizens.
Where is the marriage dissolved?
The process is carried out in the registry office or court. However, not all people know where to file for divorce.
The registry office can only be contacted if there is consent to the termination of official relations between the two spouses. Additionally, they should not have joint minor children.
The court will have to apply if there are children who are not yet 18 years old. The court decides on the division of common property if citizens cannot come to a compromise.
What are the restrictions?
Before deciding where to file for divorce, you should make sure that there are no restrictions on this process. For example, you will not be able to terminate the marriage under the conditions:
- the wife is pregnant, and this condition is confirmed by a certificate obtained from the women's consultation, where she is registered;
- the total child of citizens is not yet one year old.
Under the above conditions, you can terminate the relationship if the initiator is the wife. She should have a good understanding of where to file for a divorce, as well as what issues should be resolved together with her husband. The optimal solution is the drafting of a peace agreement, which contains information on how shared property is shared and how the child will be raised.
Where is the application filed?
To start the divorce proceedings, you need to write a statement that is transmitted to different institutions. The spouse who is involved in this process should figure out where to file for divorce.
The choice of a particular institution depends on the circumstances and characteristics of the process. Citizens usually turn to the registry office if they decide on their own how to share common property. However, they should not have small children.
If they are forced to apply to the court to separate property or decide on the rules for raising children, then the court of residence is selected.
Nuances of contacting the registry office
Divorce through the registry office is considered the most simple. Where can I file for a divorce? To do this, you can choose a registry office at the place of residence or where the marriage was originally registered.
Employees of the institution must make sure that citizens do not have minor common children. Under such conditions, they will refuse to enter information in the documents, since parents must go to court to dissolve the marriage.
Features of going to court
This institution is selected not only if there are children who are not yet 18 years old, but also in a situation where citizens cannot independently share common property.
In addition, the judge understands the issue of calculation and rules for the transfer of alimony. If an application is filed with the registry office, then standard form No. 8 is used.
The nuances of filing a lawsuit
Most often, citizens are forced to appeal to the court. It is important to understand not only where to file for a divorce in Moscow or another region, but also how to file a lawsuit.
If a lawsuit is filed in court, then the institution at the place of residence of the defendant is selected. If questions regarding the residence and upbringing of young children are resolved, then the application is submitted to the district court.
Often, the plaintiff has difficulty filing a lawsuit at the defendant's place of residence, as he may reside in another city. Under such conditions, where do I need to file for a divorce? It is advisable to file a lawsuit at the plaintiff’s place of residence if a minor child lives with him or his health condition simply does not allow him to physically come to another city to file a claim at the defendant’s place of residence.
Rules for preparing an application to the registry office with a mutual decision of the spouses
If people come to a compromise, therefore they can peacefully decide how their common property will be divided, then by mutual agreement they turn to the registry office. It is important not only to know where to file a divorce, but also how this document is compiled.
You can apply to the registry office, where the marriage was initially registered or to the institution that is located at the place of residence of the spouses. Such a statement shall include information:
- Full name of each spouse;
- date of birth of citizens;
- information from passports;
- the address of the husband and wife, as well as the registration address;
- Citizenship of each spouse is indicated;
- details from the marriage certificate are given;
- spelling out what surname the husband and wife will have after the divorce;
- put the date of the application;
- spouses put their signatures at the bottom of the document.
You can see a sample of this statement directly at the registry office, where it is located on a special stand.
How is the application submitted to the registry office unilaterally?
Often, only one person wants to divorce, but the second spouse may be against this process or may be absent. Where do I need to file for divorce under these conditions? If it is impossible to invite a second spouse for various reasons, then the document is transmitted to the registry office.
Usually, an application is submitted unilaterally under the conditions:
- the second spouse is recognized as officially legally incapable, therefore, cannot take part in this process;
- the citizen is in the place of deprivation of liberty, and the court has appointed him a term exceeding three years;
- Recognized by a court decision as missing.
When preparing such a statement, it is necessary to indicate why the document is formed only by one of the spouses.
Drawing up a lawsuit
Most often, citizens are forced to turn to the court, because they can’t resolve issues regarding the division of property, the residence of minor children and the payment of alimony in a peaceful way. In this case, it is important to correctly choose the court itself. Where to file for divorce? The process is carried out at the place of residence of the defendant. Under certain conditions, when a citizen resides in another city, and the plaintiff cannot physically come to this region, a lawsuit may be filed in a court located at the plaintiff's place of residence.
A lawsuit may be filed by mutual agreement or unilaterally. To compile this document, an arbitrary form is used, but the provisions of Art. 131 GIC.
Mutual suit
Under such conditions, both spouses agree to divorce, but at the same time they can not go to the registry office, as they can not decide how they share values ​​or with whom the children will live. The lawsuit contains data:
- name of the court where the document is transferred;
- information about the plaintiff and defendant, and this includes not only the name, but also the data of the passport, address of residence and registration;
- phones of spouses;
- in the main part it is prescribed for what reason the divorce is carried out, as well as what issues should be decided by the judge during the trial;
- a list of documents attached to the claim is given;
- put at the end of the date of the claim, as well as the signature of each applicant.
The descriptive part must contain the details available in the certificate of marriage. In addition, it indicates where and when the marriage was registered. The court pays a lot of attention to the reason why citizens decide on the need to end family relationships. Most often, a lawsuit states that people cannot agree on characters. It is mandatory that both spouses agree to a divorce. If a woman decides that after the divorce she will have a different surname, then this information should be contained in the statement of claim.
It is registered that people have no disputes as to how property is divided, as well as who the minor children will be with.
Unilateral lawsuit
Such a statement is filed subject to the conditions:
- only one spouse wishes to terminate the relationship;
- there are disputes regarding property;
- it is required to determine with whom young children will live;
- Alimony payments must be assigned.
Where to file for divorce in Moscow? To do this, you will have to go to court at the place of residence of the defendant.
The claim is drawn up in the same way as with mutual consent, but only it does not contain a mark that the second spouse agrees to a divorce. The claims of the claim indicate all claims that citizens have against each other.
What other documents will be required?
Initially, you should figure out where to file for a divorce. If the process is performed in the registry office, then the documentation is attached to it:
- copies of passports of citizens;
- a copy of the certificate of marriage;
- receipts of payment of state duty by each applicant.
Additionally, if there is no possibility of the presence of a second spouse, then documents are needed to confirm this fact. For example, this includes a court decision on the basis of which a citizen is deprived of his liberty for a term of three years. Under such conditions, it is necessary to pay a state fee of 350 rubles.
If a lawsuit is filed, then the documentation is attached to it:
- certificate of marriage;
- copy of the plaintiff’s passport;
- if it is necessary to decide the fate of children, then copies of their birth certificates or passports are needed;
- if in the course of the proceedings questions regarding the division of property will be decided, then additionally it is necessary to prepare documents confirming the right to different values;
- if it is necessary to recover child support, then an inventory of the property is prepared, as well as all evidence of the other spouse having a certain income.
The more documents will be attached to the lawsuit, the easier it will be for the court to sort out various contentious issues.
Thus, if citizens decide to divorce, then they must figure out where to file for divorce. The process can be carried out in court or registry office. The choice of a particular institution depends on the circumstances of the procedure, as well as on the consent of both citizens to terminate family relationships. It is important to additionally understand how a statement or lawsuit is drawn up correctly.