For dissolution of marriage mainly the following documents: a marriage contract, consent of the spouse (spouse) to divorce, the agreement on the residence and maintenance of children, the agreement on alimony payment, a statement (the form depends on the nuances of the case in question).
By mutual consent, the spouses submit an application to the Registrar. If no claims to each other in the division of property and the family has no children, both spouses are to the Registrar, issue a statement about divorce and pay the state fee at any Bank. Example application form available in the REGISTRAR's office or download online. Stamp duty is 200-500 rubles each spouse. Re-attendance to the Registrar shall be appointed in a month for approval. If one of the spouses is not within three times, the divorce is issued automatically.
The Registrar served the statement of one of spouses if the second is recognized to be convicted of the crime for a period of more than three years or is incapacitated, is declared missing. In these cases, no matter the presence of minor children. Stamp duty is payable at the Bank from one spouse.
If the family has minor children, then you need to contact the court to the magistrate at the domicile of one spouse. The claim is served strictly in a certain form, a sample of which is in court. If the spouses have no claims to each other on the division of property, a detailed description of this process can be skipped. On the website of the Tyumen court can be get answers to frequently asked questions in the section "appeals."
If the family has children, the couple can divide the property and have a number of claims and demands to each other, a statement in court to the magistrate is made with detailed information and with all the clearly prescribed requirements. Such statements are better to make with an experienced lawyer or to the authorities of protection of civil rights. The result of the court's decision often depends on a correctly written statement. Stamp duty is payable at the Bank. Attach all the necessary documents to the application.
Advice 2: How to get a divorce if no children
Russian legislation provides for several ways of dissolution of marriage. For individuals who do not have common minor childrenwith mutual agreement provided for the dissolution of marriage in the organs recording acts of civil status. This procedure is simplified and, of course, will require less time and effort than divorce in court.
Define on the records of acts of civil status, where you will apply – to the registry office at the place of registration (residence permit) of one of the spouses or where you registered the marriage.
Pick up the following documents: the passport of both spouses or other identity document, certificate of marriage, as well as the receipt of payment of the state fee, details of which you can learn in bodies the registry office.
Together with potentially "former" spouse apply to the body of registration of acts of civil status and apply for divorce. In a statement to confirm mutual consent to the divorce and lack of joint minor children. In addition, specify the following information: surname, name, patronymic, date and place of birth, citizenship, place of residence of each spouse; the details of the record of the certificate of marriage; names, which elects each of the spouses upon dissolution of the marriage; particulars of the identity documents of the spouses. Don't forget that this document is signed by both spouses and must indicate the date of compilation. The law allowed the filing of an application by one spouse if the other spouse has been declared missing, has been declared incompetent, convicted of a crime to imprisonment for a term exceeding three years.
You will have one month for reconciliation with the spouse. After the specified period, again contact the registry office for the state registration of divorce and issuance of relevant documents. Then feel free to join the bachelor life.
If the divorce is required because of the recognition of one of the spouses is missing, incapacitated or prigovarivanie him to imprisonment for a term exceeding three years, don't forget to make the appropriate decision.
If you or your spouse can't be in body of civil state and personally submit the application documents for divorce in the registry office), can be issued a separate statement and assure him of a notary.
Advice 3: How to get a divorce with division of property
Often in a divorce the spouses are trying to defend their right to their property. Sometimes it is impossible to resolve peacefully, but often it is necessary to resort to judicial institutions. Section is carried out with the help of a filed claim.
Agree with your spouse about what part of the property will belong to you after divorce. If you haven't made an agreement before marriage (prenuptial contract), it is possible to discuss this before applying for divorce. In the event of a dispute, according to law, the issue decided by the courts.
Contact the court at the place of residence with a claim about section of property. Can make a document for yourself, to seek the assistance of an experienced lawyer, etc. Keep a copy for yourself with a mark about its acceptance. The statement will list the property for which you are applying. You can share only those things purchased during the marriage. The fact that you or your spouse (e) present or that (s) he acquired before the marriage, to share not be able. With the exception of the cases when you have made a significant contribution to the improvement of the property and can prove it in court. For example, to show the receipts for the purchase of building material for your account in the construction or renovation of a house belonging to the second half before the marriage, or checks for payment of loan for housing, acquired earlier than the second half, with your signature. It could be the testimony of neighbors, that you did the overhaul yourself with your own funds. However, all this is debatable and requires a thorough confirmation.
Try to decide on the fate of the property acquired in marriage, until the start of the trial. In accordance with the provisions of the law, you have the right exactly half of the jointly acquired property, regardless of whether you invested in buying it your money or not. The same applies to the payment of the loan or mortgage. All monetary debts are divided equally by the court. If you have a disability, the court may reduce your share of payment, but not more than 1/3.
Section the court, in the absence of a peace agreement spouse subject and the vehicle, regardless of who used it during the marriage. There is usually all depends on the spouses themselves, or they will have to sell the property and divide the funds equally between them or to pay the other spouse half the cost of the machine and continue to use it. If there is no compromise, the court will decide the issue in favor of the sale.
Can make one claim for divorce, alimony child support and division of property – in this case, all matters will be dealt with in one trial. The document will list the information about all the property. If you are aware of the existence of, for example, Bank deposits husband (wife), apply to the court made a request to the relevant authorities to confirm or deny the information. In this case, all will also be equally divided between you.
Prepare the documents of title to the marital property, as well as paper, confirming its value. If it is impossible to decide in this matter, please contact your appraiser. Usually this is a paid service, but then you will know exactly what amount you can qualify. The court will examine the documents in the proper order, will give them a legal assessment and after consideration will make a decision.
Sometimes such claims are considered, and clarify questions about the division of property with her husband (-Oh), preferably in advance and in a peaceful way. If this is not possible, try to present in the statement of claim or opinion on it information about the property, very close to reality. Then everything will be divided equally promptly.
Advice 4: How to file for divorce through the Internet
With development of modern technologies such a thing as "remote divorce" or "divorce on the Internet", has ceased to be something out of science fiction. Now the people who are, for example, in different parts of Russia and wishing to divorce can do so without meeting each other personally.
You will need
- - access to the Internet;
- - a set of documents for the divorce office;
- - money.
Use the services of a reliable divorce office that will help you to prepare all the necessary documents for the implementation of this procedure. Find similar organizations; for example, in Moscow and Moscow region it can be the establishment of a Divorse Firm. The link to the website of the company you will find in the section "Additional sources".
Once logged in the divorce office, check out the price list for the services they produce. If you are satisfied, you can request the statement of claim, which for a fee will be highly qualified. At the same time, by communicating via the feedback form, you will need to provide all the necessary information, as each divorce is individual and has its own characteristics. If you have any questions, consult your service in online.
If you are going to terminate their marriage through the court when there are minor children, you'll need a passport (to obtain a power of attorney for the firm on your behalf), proof of marriage and birth certificate for the child (a copy certified by a notary). Other documents, including the payment of the state duty, the divorce firms typically undertake.
If divorce will be implemented in the Moscow region, the above the company will fully accompany the dissolution of your marriage. You only need a notarized power of attorney and the specific information – who and where do you need to convey the decision of the court.
In a divorce in any other region of the divorce office will collect a full set of documents for registration in any part of the country in detail and advise you on how to do this without your presence in court.
Keep in mind the fact that if the divorce will be issued without the consent of your spouse, it will take up to four months, with its agreement, this period will be reduced to one and a half months.
Check the reputation of the divorce firms offering their services online, and also have the availability of a license for this activity.
Advice 5: How do I apply to the registry office via the Internet
Information technology does not stand still, and today the most important things you can arrange and perform via the Internet. For example, innovation has touched and departments the registry office. Today you can select and reserve date of marriage through the Internet.
In order to book your desired wedding date, you need to go to the state and social services of the region where you live. For example, for the capital is the informational website of the government of Moscow. It should be remembered that the services on the portal are available only at the choice of the date of marriage and appointment to the registry authorities. That is a statement to file on-line, you can't.Remember to reserve the day of the marriage is permitted not earlier than three months before the date. But tightening is not necessary, because two months before the chosen day, the electronic record ceases. The procedure works as follows: the portal of state services you choose the registry office where you want to hold the ceremony. Note that in Moscow the marriage (this category includes citizens of Ukraine and Belarus) are only in wedding Palace No. 4. Then specify the date and desired time of registration. If she's already taken, you can view the options that you will offer system.If the date and time are free, in the proposed fields, enter information about the bride and groom. Then specify a convenient time for you when you will be able to come in to file a real statement. Just remember that the reserved date is not tolerated, and if you don't come to the registry office to apply your reservation on the date of the wedding will be canceled. In response to your request you will receive a unique coupon via email. It must be brought in the day, when you go to apply. It will be confirmation that you are registered in the system.In order not to lose time, you can print the application form on the Internet, directly on the portal. Fill it and take it to the appointed time to the Registrar. Also don't forget to pre-pay the state fee for a marriage service. Its size is defined by law and amounts to 200 p. You don't even need to take the details, in savings banks and so know what numbers to enter. Receipt for payment of the grant professionals the Registrar for consideration. Don't forget to take with you to apply a passport, because it will verify the authenticity of the requested information.Then your application will assure and will fix for you the chosen date and time.
Advice 6: How is the procedure of divorce through the courts
Sounded the wedding March Mendelssohn died down the fireworks champagne corks, withered bouquets in the vases, began a regular family life. Alas, not every couple abides by the most recently, a promise to love "to the grave". And often what happens is what is often called "the Love boat has crashed against the everyday". Simply put, divorce. Or Registrar, or, if the spouses still have something to dispute in the world court.
Why is the court?
In Russia there is a certain procedure for termination of the marriage relationship prescribed in the Family code. Its main position is that termination is only possible in the organs recording acts of civil status. With the exception of cases requiring trial.
In court, the marriage shall be terminated in case if one of the spouses, while not objecting to the divorce, for some subjective reason, refuses to visit the Registrar's office.
If a family has a child, "to flee" in the usual way mom and dad will not work. In the process immediately enters the state protect the rights of minor citizen. The procedure of this process is as follows:
One spouse writes a statement to the magistrate of their district or locality, where requests to terminate his marriage, putting a good reason. For example, the impossibility of living under the same roof because of improper conduct of a spouse, the presence of a second family, denial of the content of the joint child.
To a reasoned application shall be accompanied by three documents — the original certificate of marriage, copy of birth certificate of the child and receipt of the state duty 400 rubles.
But if the defendant is sentenced to a term of three years and more, is recognized in the court missing or is incapacitated, the state fee is 200 rubles.
Before passing to the judicial office to advance purchase copies of all documents. And ask the Secretary to make sure that you give her those documents that are needed. Do not forget to write down the phone number, names of judges and Secretary.
Some time later, the plaintiff and defendant will come to the agenda with the date and time of the hearing. By the way, to bring a child, especially minors, than are sometimes attracted to young and inexperienced parents, not recommended. To help it just can not, but to prevent it, especially the judge — easily! It is better to invite an experienced lawyer.
Contrary to the opinion of some inhabitants, a quick divorce doesn't usually happen. Even having carefully studied the statement of claim, written usually messy and emotional, the judge will definitely ask you to speak to both parties and inquire the motives of divorce. Then offer to make peace, giving a period of from one to three months.
The basis for reducing the period of reconciliation may be the so-called valid reasons. For example, when divorcing for several years do not live together or are in a civil marriage with other people.
But if the family situation is still not changed, a conflict is reached and the plaintiff his statement not disavows, the magistrate will have the right to announce the decision to divorce, giving the losing side time to appeal.
Learning that a legal spouse could not agree, the judge may not find out the motives and limit the verdict. In a situation when to reach agreement, including the maintenance of the child, was not possible, the judge will have to decide with whom he will live, which parent is obligated to pay child support and in what amount? You will also need to consider, in the event of such requirements, the division of jointly acquired property and maintenance of the other spouse when his disability.
You half and me half
The judicial process in the division of property is almost the same. The main difference: the fee here is not fixed. It depends on the total value of the contested property. In case of disagreement of the parties the judge has the right to decide on the examination.