How to apply for a divorce

If you're getting divorced, they say, "peacefully", agreeing among themselves about how to divide marital property, and you with no children (or they have already reached the age of majority) to dissolve the marriage through the Registrar's office. For this you need to come to the registry office, to file a joint application and pay the state duty (all almost the same as in marriage), and a month to collect the divorce certificate. The reason for the divorce in this case, the statement is optional.

In some cases the Registrar can issue a divorce, and at the request of only one spouse. This happens in three cases: if one of the spouses has been declared incapable, missing, or sentenced to imprisonment for a term exceeding three years. In this case, you will have to add to the application documents confirming these "special circumstances": a copy of the verdict, the court decision on the recognition of the husband or wife missing, and so on.

If you have minor children, have property division, or just one spouse refuses to divorce (or agrees, but "stalling" and can not reach to the Registrar's office) – you can apply for divorce to the magistrate at the place of residence (the filing also will be required to pay the state duty). The hearing will take place again not earlier than in a month.

In the case that an appeal to the court occurs only due to the presence of the child, and you have agreed between themselves about how the division of property and with whom are children – is to specify in a statement that claims against each other and disagreements about the distribution of children you have. In this case, the judge essentially just legally register the divorce.

If you have a claim to the spouse and you fear that divorce will not work "smoothly", - specify in the statement the reasons for your decisions and be prepared to provide evidence that the husband has (help from the emergency room and witness testimony), or that his wife is wasting all the money on stuff (receipts, account statements).

If your husband or wife does not want to divorce and therefore ignore the invitation to the court hearing, the judge may make the decision to divorce and in the presence of only one of the spouses. Please note that a divorce is at the initiative of the husband impossible, if the wife is expecting a child, or if the period of confinement less than one year.