What are the legal consequences of divorce? A similar question is asked by many citizens who want to end a marital relationship with a husband or wife. So, if we talk about the legal consequences of dissolution of marriage, then it should be noted that after the termination of the official union between spouses, both personal and property relationships are completed. Read more about this below.
A little about the main thing
Unfortunately, in recent years the number of divorces in our country has several times exceeded the number of marriages. This is a very sad statistic. Moreover, according to judicial practice, every second official union is doomed to divorce proceedings. Nevertheless, one cannot fail to note the fact that divorce is a rather complicated matter, which has its own specific nuances and features. For example, a husband does not have the right to independently engage in divorce proceedings while his wife is in position, and also until the child is one year old. This is definitely a must know.
Moreover, despite the complexity of divorce proceedings, many citizens are not aware of the legal consequences of divorce, and whether any obligations between spouses will remain after the official separation. In the event that children were born in the family, then the mother or father who does not live with their offspring in the same living space will be required to pay the former spouse child support for the maintenance of common babies until they come of age. This is one of the most important legal consequences of divorce.
What you need to know
So, according to the law, a divorce can be made through the registry office or in court. If in an official union children were born who were not yet eighteen years old at the time of termination of the relationship between the parents, the dissolution of the marriage union is generally held in court.
What is needed in order to formalize the termination of the union in the registry office? This requires consent to a divorce from a husband and wife who do not have common small children. However, there are some exceptions to this rule. For example, if one of the spouses became incompetent (there is a decision of the judiciary) or was found missing, or was convicted of a criminal act for a term of more than three years (with serving a sentence in places of isolation from people). In a similar situation, even with common young children, a divorce is made through the registry office. This is the order.
The legal consequences of divorce in this case are the mutual termination of the relationship between husband and wife.
In the judiciary
This is a more difficult option for divorce, because in such a situation the husband or wife is opposed to ending the relationship, or there are minor children in the family whose place of residence must be determined with one of the parents.
In practice, such divorce proceedings are delayed for up to several months or even more, especially if the case is considered in a district court. This must also be remembered.
Divorce from children, as a general rule, is carried out only through the judiciary. Moreover, here the law stands to protect the interests of minor citizens, whose parents decided to live separately from each other. In this case, alimony for their support should be collected from the father or mother of the children. This is the order.
It should also be noted here, if there is no disagreement between the spouses over which of them the children will live with, then the divorce is made in a magistrate’s court. If citizens cannot solve this issue peacefully, then a district or city court is engaged in divorce. You also need to know about this.
What are the difficulties
Divorce from children always has its own specific characteristics. For example, a child who is already 10 years old has the right to choose which of his parents he wants to live with. Indeed, it often happens that girls stay with their mothers, and boys with their fathers, although it always happens in different ways.
In addition, between spouses who have children, the issue of collecting child support for the maintenance of a common child or children is always very heatedly discussed. Very often, ex-wives want to prove to the court that the ex-spouse can pay a lot more for a joint child than he lists. Although in practice it can be quite difficult to prove.
Important
It should also be noted that if the husband left his wife and left her alone with a child who is not yet three years old, then she has the right to receive alimony not only for the common baby, but also for her own support. Indeed, due to the fact that a woman has a small child in her arms, she cannot find a job.
Another difficulty in dissolving a marriage is that one of the spouses may not intentionally appear at the meeting. In this case, the process will be considered without his participation.
When takes effect
So, if the divorce was made in the judiciary, then the court’s decision to divorce enters into force exactly one month later. If one of the spouses decided to appeal this procedural document, then he has four more weeks for this.
A court decision on divorce , which has entered into force, must be sent no later than three days to the registry office, in which the union between citizens was once registered. That is the law.
Interest Ask
How to get a divorce certificate? This issue worries many citizens who divorced spouse through the judiciary.
To do this, you need to contact the registry office with your copy of the court decision on the dissolution of the marriage, which should bear the stamp that it has entered into force. Then you need to take the details from the registry office employee to pay the state fee to receive a divorce document (in the amount of 650 rubles). This is the order.
In addition
After paying this amount in the bank branch, you will need to contact the registry office again. As a rule, a document on termination of a marriage union is executed within one or several hours. Therefore, you should not think about the fact that you will need to wait a few days to receive it. In addition, if a woman changed her last name after marriage, she can take a certificate from the registry office confirming this fact. For this, the lady will have to pay another 200 rubles through a bank or terminal to receive such a document. You also need to know about this.
So, on how to get a certificate of divorce, it was indicated above. Nevertheless, do not forget that until the issuance of this document to citizens, former spouses will not be able to rejoin the official union.
Surname selection
This question is of interest only to women. After all, it is the fair sex that takes the name of the husband when they marry a man. It so happened according to tradition.
After the divorce, the woman can change her last name to the girl who she had before her marriage. The desire to inform the registry office employees. Most often, after a divorce, women leave the name of their ex-husband. This is due to the presence of common children or the reluctance to change all documents again.
Important Nuances
So, here it is also necessary to point out that women after a divorce often enter into new relationships with other men, and they share common children. But if a woman after parting with her former spouse did not officially marry a new lover and gave birth to a child from a new partner in a period not exceeding three hundred days after a divorce, then paternity after divorce will be established in respect of the ex-husband. This is not entirely fair, but according to the law it turns out so. Because there are often situations where people seem to have divorced, and the woman turned out to be pregnant. And to protect the interests of the newborn, registry office employees establish paternity for the ex-husband of the baby's mother. Of course, if a husband and wife have not had an intimate relationship for a long time and the former spouse knows that this is not his child, he must go to court to challenge his paternity. This is another legal consequence of the termination of the official union between the spouses.
Payment of alimony
Parents are required to fully provide and educate their children until they come of age. In the event that one of the parents, who does not live together with his children, does not want to voluntarily transfer funds for their maintenance, child support should be collected in court. This can be done both in a marriage and after its termination. Nevertheless, child support from one of the spouses is most often exacted in the process of divorcing parents. Their size depends on the income of the defendant. If the parent does not officially work or hides part of his income, then child support can be collected in a certain amount of money. That is the law.
After divorce, the alimony must be paid by the parent who does not live with his children. These funds must be transferred monthly to the account of the former spouse.
Alimony exacted from an unscrupulous parent for the maintenance of joint children is considered one of the most serious consequences of the termination of the marriage. After all, people no longer live together after a divorce, but common children unite them anyway.
It is also necessary to say that the wife can file for alimony, having in her arms a child who is not yet three years old, if the husband evades the material support of his family. It is very important. Many women do not know about this.
Yet
If the official union is dissolved administratively, then the moment of termination of marriage is associated with the day when registration of the termination of marriage in the registry office takes place. In the event that the divorce took place in court, then from the date the decision comes into force.
Property disputes
Begins between ex-spouses after marriage. In this case, it is necessary to say that all property that was acquired in marriage will be considered joint and when divorced, it will be divided equally between husband and wife. Nevertheless, if people entered into a prenuptial agreement, then the situation may look very different. For example, under the terms of this agreement, the apartment after the divorce goes to the husband, and the car or any other transport to the wife. It could be like that too.
Nevertheless, practice shows that most people do not make a marriage contract, and when they divorce, they try to divide in half.
It is also necessary to add here that property that was acquired by one of the spouses before marriage will not be considered joint, and accordingly, cannot be divided between spouses during a divorce. It is also necessary to know.
As the judicial practice shows, sometimes such situations happen when one of the former spouses claims the property of another, although it was acquired before the conclusion of the official union. For example, a man provided for the whole family for a long time and made major repairs in his wife’s apartment. Naturally, after the termination of relations with his spouse, he can apply for part of this housing, because he invested his money there. Sometimes such cases are resolved in favor of the plaintiff.
The division of property of spouses after the dissolution of the marriage is not as fast as we would like for both parties to the dispute. It happens, it takes up to several months.
Conclusion
So, after the termination of the official union, the mutual obligations of the spouses cease to apply. After a divorce, people are no longer obliged to support each other both morally and financially. The exception here is when an ex-husband pays alimony to his wife for her maintenance and for children until they become adults.