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.
Advice 2 : 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.