In the case if the spouses have common minor children and there is no dispute about the property, they can apply for dissolution of marriage in the registry office at the place of residence. In this case, the divorce is issued fairly quickly. According to Family law, marriage is considered terminated within a month after submission of the application. You can also contact the Registrar at the place of residence of one of the spouses. In any case, the dissolution of marriage in registry office shall be made if there is consent of both parties.
If you have minor children or you have any dispute about community property, the marriage is dissolved in court. In this case, a petition for dissolution of marriage in accordance with articles 131, 132 of the Civil procedure code of the Russian Federation. It specifies where and when the marriage was contracted, whether there are children, if you have achieved agreement on their future stays. Important point – mutual consent of spouses on divorce. There are other requirements that also will be considered simultaneously with the principal claim.
The application shall be attached the following documents: certificate of marriage, copy of birth certificates of children. If there is a demand for alimony, the documents needed about the sources of income of both spouses. Can present information relevant to the proceedings, and the petition of the claimant.
If there is no agreement on divorce by one of spouses, the court may allow time for mutual reconciliation, postponing the trial for up to 3 months. If it exists, then divorce takes place without clarifying the reasons for the divorce, but not earlier than one month from the date of submission of the application.
In the case if the spouses have not reached agreement on the amount and manner of payment of alimony, division of property, further accommodation of the minors or it turns out that their rights have been violated, the court decides these issues at the same time demanding the dissolution of the marriage.
The requirement about collecting of the alimony in case of contestation of one of the parties of motherhood or fatherhood can be isolated for separate consideration.
In any case, if you want to get a divorce in a short time, seek help from a lawyer. It will provide the collection of evidence, prepare and submit a statement of claim, will represent your interests in court.