Have you already thought about all the advantages and disadvantages of life after a divorce, appreciated how it will affect the child, and yet you came to the conclusion that separation is inevitable? Then you have to get a divorce in court. It is impossible to get a divorce in the registry office with common children under the age of 18 in the family.
Who has the right to file for divorce?
Any adult has the right to both start a family and divorce. A wife can file for divorce at any time, and her husband’s actions to initiate divorce are limited to the Family Code. He is not entitled to demand a divorce during the pregnancy of his wife and within a year after the birth of the child.
By mutual agreement, it is allowed to file for divorce, regardless of the age of the children.
How long will the divorce proceedings last?
More than a month must pass from the submission of documents to the court session. When considering divorce cases, judges must first act in the interests of minor children — try to save their families. To this end, the trial is postponed, a deadline is set for reconciliation. This can happen repeatedly, but in general - no longer than three months.
What is decided in court?
In addition to the formal divorce, the judge:
- decides with whom the child will live;
- assigns the amount of alimony to be paid to the second parent;
- determines for him the order of communication with the child;
- divides property, jointly acquired in marriage.
Is a personal presence necessary?
Both husband and wife should be present in court. Or their representatives (lawyers). A lawsuit for divorce is considered without a defendant spouse only if the court finds the reason for his absence disrespectful.
Should I contact lawyers?
You can go through a divorce yourself, without any help. But in most cases, especially when the divorce occurs in a conflict, it is wiser to turn to lawyers. You do not have to contact either your spouse or government authorities - your lawyer will do this. Divorce will be less stressful for both parents and the child.
For some reason, you don’t want to hire a lawyer? Take advantage of at least a free correspondence consultation . In Moscow and many other cities there is an opportunity to personally attend a family legal consultation. The help of a specialist will not be superfluous: family law is a complex, multifaceted area of jurisprudence. Timely, competent advice from a lawyer specializing in divorce cases will save you from making irreparable mistakes.
When is a marriage considered divorced?
The court decision comes into force 10 days after the decision (provided that it has not been appealed). From this moment, the marriage is dissolved.
The certificate of divorce is issued at the registry office at the place of conclusion or the place of residence of the former spouses.