How to file for divorce and division of property

Try to understand a simple truth: since the marriage failed to save, you have to leave quietly, with dignity, without recrimination, quarrels and scandals. In short, behave like civilized people. If the husband and wife no minor children and both spouses agree to divorce, procedure of divorce is carried out in the Department of civil registry office at the place of residence of one or both spouses. See there a statement in the prescribed form. His sample can be obtained there.

If there are minor children or one of spouses does not consent to the divorce, this procedure can only be done in court. In fact, according to the law, the court must not only state the fact of divorce, but also to determine which of the former spouses children will live. Spouse – the initiator of the divorce should go to court with the claim about divorce. In this case, if the spouses have different addresses to be registered, in the case where wishes to divorce his wife, she should sue in court, are sure that the address registration of the Respondent – husband, and Vice versa.

Remember that the law provides for some exceptions from the General rules of registration of divorce proceedings. For example, in some cases, you can file a claim in the court of the place of registration of the plaintiff, not the defendant. Also, if the initiator of the divorce is the husband and wife do not agree, then, in the case of pregnancy, and in the year following the birth of a child, divorce is not allowed.

A very complex issue that generates a lot of conflicts, division of property upon divorce. Under current law, all property acquired during marriage is considered common property and divided equally on divorce. However, article 39 of the Family Code allows changes of this provision for a number of reasons. And disputes about the division of property sometimes goes over the years.

Try to resolve this issue peacefully, through negotiations. Best of all, if former spouses make agreement on the division of property. It must be notarized. If you can't come to an agreement, or former spouse obstruct the use of jointly acquired property, contact the court regarding the allocation of marital property.

In advance tune in to what is a difficult and lengthy business, you need evidence. Better to use the services of a qualified lawyer.