Divorce is carried out by bodies of civil status (ZAGS) by mutual application of the spouses, if they have no minor children. Marriage is terminated upon expiry of one month after filing of application about divorce. This period is specifically provided by law in case if the spouses wish to change their minds, thereby saving the family.
If the spouses apply for divorce to the Registrar, before the expiration of 1 month decided to pick it up, it is possible only in the presence of two parties and with mutual consent. This couple should write a joint statement in which to specify the reasons for such denial. According to the results of consideration of the statement between spouses is an agreement on the termination of procedure of dissolution of marriage. It must be in writing and notarized.
If a request to take a statement about divorce addressed only one of the spouses, the process of divorce will not be stopped (regardless of whether or not the other spouse). In such cases it is necessary to apply to court where necessary to defend their point of view. In his statement should: describe the situation; indicate when and by whom the application was filed on divorce; the reasons why there was a desire to take a statement; and the opinion of the spouse, if known; the reason for which the other spouse could not come to the office of the Registrar's office to write a joint statement about the refusal of the divorce.
This statement will be a hearing in which the parties must prove to the court that they had reconciled and do not want to divorce. Following consideration of the case the court will take a decision which would force the authority of the Registrar to discontinue the divorce proceedings, or refuse to the applicant in satisfaction of his claims. If you are not satisfied with court decisions (the court did not satisfy your requirements), don't despair - it can be appealed in cassation. In practice, the judges are going to meet spouses who want to save their marriage, therefore, with high probability will meet you.
The form according to form No. 10 of the application for divorce is made in the case if the divorce is conducted through the court that rendered the judicial act of divorce, and the act came into force. Ex-husband, the wife filed an application in the prescribed form to the Department of records of acts of civil status together with the extract from the decision and a receipt of payment of the state fee.
Established the law rule, a petition for divorce is served at the place of residence of the defendant. The same law prohibits the husband to unilaterally apply for divorce during pregnancy of the wife, and over the next 12 months after birth. Claim form about termination of the marriage. Statement on divorce must contain
Advice 2 : How to take a statement from the Registrar
One of 30 possible weddings will never take place by reason of the failure of one (or both) of young (and older) people from marriage. Can refuse and the groom and the bride, as this consent is not required. But to pick up from the Registrar's office a statement about divorce in the absence of the spouse will not work.
Notify your fiance (e) that the wedding will not take place. This is not a mandatory condition for registration of marriage, but the rules of etiquette has not been canceled. Each of you may at any time before the registration of marriage to apply to the Registrar for cancellation of wedding. This is not necessarily the presence of the other person concerned.
Contact the person that Department the registry officewhere you filed the application for registration of marriage. Present your passport and notify the employee of his desire to withdraw the statement. However, "take statement" - not quite the exact wording in this case. The statement will remain in the Registrar's office, you write only the rejection of the registration.
The refusal is made in free style, as the approved form for such a statement there. Write in the upper right corner the name of the office of the Registrarto which you are applying with a waiver, your name, address, passport details.
In the text of the failure you may not specify the reason for the decision. You should only specify the name of the second wife failed. Write the date and sign.
If you are coming for marriage registration (a registration is done only in the presence of both spouses), then you can be penalized.
If you decide to take from the Department the registry office the statement on the dissolution of a marriage, it can only be done in the presence and with the consent of the parties. Agreement on the termination of procedure of dissolution of marriage must be notarised.
Regardless of whether I agree or not the other spouse on dissolution of marriage, in case of his absence in the Registrar's office at the time of withdrawal, the procedure of divorce will not be suspended. And you have to go to court in order to, in his decision to take the statement in the absence of the husband (wife).
Advice 3 : Where to apply for a divorce
The marriage of two people may be far better, and in this case, spouses are entitled to divorce. For registration procedure you must apply to the relevant authorities.
You will need
- - the application for divorce;
- - marriage certificate;
- - birth certificate of children (if any);
- - passports of the spouses;
- receipt about payment of state duty.
Go through all necessary procedures of collection of documents. Make photocopies of passports, pay legal costs for divorce in Sberbank or in any other way. By law, each spouse has to pay 400 rubles. Receipt Express themselves and attach to other documents.
Apply for divorce in the registry office at their place of residence if both spouses have no objections. Tell the staff prepared documents and write a petition for divorce. A sample of his can be found in the Internet or ask at the registry office staff. At the end of the document, both spouses have to leave their signatures. Further, the Registrar will prepare a divorce decree with the state seal, which will enter into force one month after submission. As soon as you take it, the divorce is officially completed.
Refer to the world court at the place of residence, if you have minor children or one spouse opposes the divorce. If you have disputes about division of joint property, to apply you need to have in district court. Write a statement specifying the reasons for going to court divorce proceedings, and specific subject matter of the dispute (children, property, etc.). Upon consideration of the application by the court you will be invited to a hearing where a decision will be made in favor of one party. In force becomes effective 10 days after adoption, if the defendant does not file a claim of appeal.
Please note that divorce is possible and unilaterally. For details, read the Family code of the Russian Federation. Thus, the case is solved, if the Respondent without good cause failed to appear for trial, found incompetent, is serving a sentence in places of deprivation of liberty, presumed dead or missing, etc. In these situations, the application can be submitted at the civil registry office at their place of residence unilaterally.