The situation when the wife and husband can no longer live under one roof can be met very often. In this case, it is better not to torture each other, but to learn how to file for divorce. According to the law, marriage can be canceled by the registry office or by court. In this article, we will consider these two options, and also find out what to do if the spouse does not agree to a divorce.
Termination through the registry office
This procedure is quite simple: spouses should only submit an application to the registry office, and the marriage can be dissolved. However, it is worth remembering that this institution will not study the circumstances that led to the divorce, will not look at the evidence, will not interview any witnesses. The duration of such an out-of-court divorce proceedings is about a month, sometimes a little longer.
Features
At the same time, you can apply to the registry office to get a divorce, in the presence of such circumstances:
- The couple does not have minor children (this also includes adopted children).
- None of the spouses opposes divorce, and they filed a joint application of the established form. Such paper may be submitted to the registry office, where the husband and wife signed, or at the place of residence of the couple or one of the spouses.
How to file for a divorce if one of the spouses cannot go to the registry office?
If the wife (husband) is seriously ill, is on a long business trip, serves in the army, lives in an inaccessible region, etc. and cannot personally come to the registry office, the spouses can make two separate applications for divorce and submit them to the registry office (however, the signature of the absent spouse must be notarized).
Exceptions to the divorce procedure through the registry office
If the family has minor children (meaning joint), then one of the spouses has the authority to submit an application to the registry office, if the other spouse:
- is in prison and sentenced to more than 3 years in prison;
- recognized legally incompetent (solely by court order);
- missing (this fact must also be recognized in court).
The procedure for divorce in the registry office
Filing an application by spouses.
After providing such a paper, the spouses are given 1 month, so to speak, for thought. Only after the expiration of a month period can the spouses be bred.
If during this period the couple does not withdraw their application, then the employees of the institution make an appropriate divorce record, and now the former spouses are given a certificate of divorce. In addition, a divorce mark is entered in their passports . If the wife or husband wants to regain the premarital name, then they will have to change their passport.
Divorce through court
It is necessary to file a lawsuit for divorce under the following conditions:
- if the husband (wife) does not want to get a divorce;
- if one of the parties agrees to divorce, but does not come to the registry office (refuses, for example, to file for divorce);
- the family has children under 14 years of age (only cases are not taken into account if one of the spouses is legally incompetent, missing, sentenced for a crime of more than three years).
Trial
The judicial procedure for the termination of marriage depends on each individual situation. The following factors will be important: whether the wife (husband) agrees to a divorce, whether there is a dispute on raising common children, property disagreements, etc. For example, if a couple has children in common, but there is no dispute about their upbringing, then you can sue the justice of the peace. If there is disagreement about communication and parenting, then the application for divorce is submitted to the court of general jurisdiction.
Divorce lawsuit
Now let’s figure out how to file for a divorce, and where to go:
- it is possible to file a lawsuit in the village where the defendant lives, or at the location of his property (if the exact place of residence of the defendant is not established);
- at the place where the plaintiff lives (this can be done only by agreement of the wife and husband, if the plaintiff’s condition does not allow him to come to the defendant’s place of residence, or minor children live with him).
Draw up a lawsuit
The claim must be made concisely and competently. The reason for the divorce is as follows: as a result of certain disagreements (to specify) between you and your husband (wife), the marriage has ceased, you do not conduct a common household, and living together has become impossible. Other reasons may also be indicated. In addition, together with the lawsuit, you need to file for divorce:
- certificate of marriage;
- income statements of the wife and husband;
- birth certificates of children;
- a statement from the defendant about consent to a divorce (this document is not required to be submitted, but if it does not exist, the defendant must attend court hearings);
- receipts on payment of state duty.
Divorce Procedure
The court needs to file for divorce. Along with a lawsuit for termination of marriage, a requirement is also usually filed for the division of property, receipt of alimony, and determination of the procedure for communication with children. At the same time, the above claims can be considered in the framework of a new case.
The trial will begin no earlier than one month after the filing of the claim.
If the spouses are bred by mutual agreement, then they can do this, in principle, in one hearing. If the parties have claims for some reason, then the matter will drag on. The court may even set a date for reconciliation of the couple - from 1 to 3 months. If the defendant does not attend the meetings, then after his third failure to appear without good reason, the court has the authority to consider the case without him.
If both parties do not appear at the meetings, the court will terminate the divorce proceedings, and the case will be closed.
Divorce will enter into force within 10 days if the wife or husband does not appeal.
After the judge’s decision comes into force, the extract from the court is transmitted to the registry office within 3 days, where the divorce is further registered.
The final stage is the receipt by the former spouses of a certificate of divorce (it is issued in duplicate).
Summarize
We have figured out how to file for divorce in a judicial and pre-trial manner. As a rule, the dissolution of marriage in itself does not cause great difficulties, it will be much more difficult the situation when you begin to divide property or collect child support.