If every couple that registers their marriage in the registry office had lived their whole life together in love and harmony, then the world would be different. But, unfortunately, according to statistics, more than 5 divorces are registered for 10 marriages. This means that almost every
the second couple does not cope with married life. And this figure is growing, because only ten years ago 4 couples out of 10 were divorced. But let us leave statistics aside and turn to the legislation, because it determines how it is possible to conclude or terminate a marriage. If the spouses understand that their further life together is impossible, then they will have to
file a divorce. Under current law, if both spouses have expressed their consent to a divorce, and the couple has no children and disputes about property, then there will be no difficulties in dropping the marriage shackles. Spouses will need to go to the registry office and write together a declaration of divorce. How exactly to write a statement will be indicated on the
information stand, and there is nothing complicated about it. As a
reason for divorce, most couples simply indicate that they did not agree on the characters. A
marriage certificate and a paid state duty receipt will have to be attached
to the application. In principle, when preparing a divorce application, you can write anything as a reason. The main thing is your mutual desire to get a divorce and the absence of children and disputes.
If the spouses have children or any disputes regarding property, you will have
to file a divorce petition with the court. It will also have to do if one of the parties is against a divorce. I would like to note that a divorce will still be formalized, unless, of course, the spouses fail to reconcile. Because the judge is obliged to try to save the family, and the spouses are given time to consider the decision.
If you decide to divorce, but your other half is against it, you will have to file a lawsuit in the court on the dissolution of the marriage. It must indicate the defendant, that is, the person with whom you are divorcing, and justify all the reasons why you can no longer remain spouses. Also, if you have any discrepancies in the division of property, this must also be indicated.
In accordance with general standards, a divorce application must be filed at the place of residence of the other party, but if the plaintiff has minor children or is sick, then the law allows for the possibility of filing an application at the plaintiff's place of residence.
Depending on what issue the spouses have disagreements, the case will be considered by a justice of the peace or district. So, if the spouses do not have any disputes, and they have reached agreement on child support issues, as well as in everything related to the life of the child, then the case will be referred to the justice of the peace. It is he who considers cases when one of the spouses, in the absence of children, simply does not want to give consent to the divorce. But if there is the slightest disagreement about the minor child, then the application for divorce will have to be submitted to the district court. In the absence of an agreement, the court decides on all matters relating to the child. The district court also considers property disputes. According to the Family Code, a judge has the right to postpone consideration of the case for three months, to reconcile the parties.