Advice 1: How long should I wait after filing for divorce

Divorce through the Registrar's office and the court has features. The same applies to the waiting period of divorce. In the registry office and magistrates court, they are significantly different from each other.
The court immediately appointed the hearing
Under Russian law, an application for divorce can be submitted to the Registrar or to the court. The procedures are somewhat different from each other. The ZAGS are those who have married no children or children are grown, i.e. they were 18 years old. In addition, through the Registrar, you can get a divorce if:
• the verdict of the court convicted of a crime and sent to the colony for a period of more than 3 years
• declared missing or untraceable.
Using the world court to divorce the need for those who have minor children or if one of the spouses wants to divorce.

Divorce in bodies the registry office


In accordance with the requirements of the act, the application for divorce is served by both spouses. If one of them is missing (e.g. serve in army), he can send the document by mail, but the applicant's signature must be notarized.
The right of certification of the signature are the commanders of military units, heads of correctional institutions, captains of ships, chief doctors of hospitals etc.

The statement shall specify passport details of the spouses, place of residence and request a divorce. There is an enclosed document of marriage. If necessary, the law provides the adjudication or the decision on recognition the second half of the unaccounted for or missing. You must pay the state fee in the amount of 400 rubles.
The marriage is terminated no earlier than a month. This time is given to the husband and wife to think about, because they can change my mind, to wait and to keep the family together, especially if the wedding took place recently. After 30 days, the couple can be to obtain a divorce certificate or to take a statement. Thus, if divorce takes place through the Registrar, the waiting period is 1 month. The marriage is terminated at the time of entry of its dissolution.

Divorce in court


Slightly different order of the divorce court. A statement filed by a husband or wife. As a rule, in each magistrates ' court there are samples of such statements. It is necessary to attach a marriage certificate, birth documents of children other evidence confirming the causes of family breakdown and receipt of paid state duty in the amount of 400 rubles.
In the magistrates ' court all cases are reviewed within 1 month. But divorce proceedings have exceptions.
About a week later the husband and wife are called to the interview, during which the court tries to reconcile the parties. This period is not always included in the time of the hearing.
After the conversation is assigned to the hearing. Cases of reconciliation of the spouses in court is not uncommon. If husband and wife wish to consider the preservation of the family, a court at the request of one of them may provide them a time for conciliation between 1 to 3 months.
After it ends it ends either by divorce or reconciliation. As practice shows, the dissolution of the marriage in a judicial procedure is more protracted. And filing before the divorce can take from 1 to 4 months.
If the divorce statement of claim for division of property, the timing may be more stretched. It will have to provide additional evidence and to call witnesses.

It is also necessary to take into account the period during which the court verdict comes into force. It is 30 days. Thus, in total, a pending divorce can take anywhere from 2 to 5 months, and the marriage ends on the day of entry into force of the judgment.

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.
How to get a divorce if no children
Instruction
1
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.
2
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.
3
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.
4
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.
Note
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.
Useful advice
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 file for divorce if her husband doesn't want

Divorce without her husband's consent is possible only through court. And if you don't have children together, that makes it easier. In case, if you have children together, your divorce unilaterally somewhat more complicated.
How to file for divorce if her husband doesn't want
Instruction
1
Contact your lawyer to help you, at least from a legal point of view, competently make a claim. If necessary, immediately apply, and the claim for division of property. Be sure to raise the question about the alimony and about who the children will live.
2
Pay legal costs to your application has been accepted for consideration. The fee in this case is 1 of the minimum wage.
3
A month after the filing of the complaint will be a meeting of the court. You will be notified by sending by post a summons. At the meeting you will ask questions about what was the cause of discord in the family, who is to blame, is there any way of reconciliation. Based on your responses, the court will make a decision about divorce or granting of time to think.
4
If you also filed lawsuits about the establishment of maintenance obligations and division of property, would be considered and these issues. Although the agreement on the division of property and setting alimony, you can make yourself. Then the court will approve them if they are to infringe upon the interests of one party, leaving all without making changes or their amendments described to you.
5
To set the amount of alimony, the court must submit the income certificate of one of the spouses, who will have to take on these responsibilities. If you are, for example, leave to care for a child or during the marriage did not work, leading the household, the session can be understood by the child support for your own content.
6
When the court will hear the case, they will be made a decision – to dissolve the marriage, to refuse satisfaction of claim requirements or to postpone the judicial proceedings and fix a time-limit for reconciliation of the spouses.
7
An hour after the end of the hearing, the court will acquaint you with his decision. If the marriage was decided to be terminated after the entry of decision into legal force in ten days – the court sends to the Registrar the resolution. On its basis, will prepare and issue you with a certificate of dissolution of marriage. If the decision of the court you do not agree, during the ten days can file a claim for its cancellation and re-examination of your case.
8
To obtain a document of divorce to the Registrar, give the court's decision, as well as your passport. Each of the former spouses will receive their certificate of divorce or the place of residence or the place of registration of marriage.

Advice 4: 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.
Parents ' divorce is always a blow to the child

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.

Child block



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.


Useful advice



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.

To rise!



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.

Mutual consent



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.

Advice 5: How many months apply to the Registrar

You fall in love, make friends, and finally realizes it's time to make one of the most important things in life – to submit an application to the Registrar. What should know young people, having made the decision, to become a family? Is it easy to get the list of the honeymooners?
How many months apply to the Registrar
The most important question that puzzled people for how many months must submit an application to the Registrar. Documents acceptance is carried out at least two months before the proposed wedding date. This period may be less if you have good reasons provided by law. These include pregnancy or any health problems. In this regard, with the provision of documentation, the legislation of the Russian Federation, the Registrar shall reduce the time even up to several days.

Rules applying



An important issue is the change of name. In most cases, the wife takes her husband's name, but there are cases when the family decides to live under a double name or surname of the wife. The problem with this desire is not, as all required by law. All this is prescribed in the statement on the day of submission.

Arriving at the registry office, you have to fill in the questionnaire and the statement itself. It identifies all the passport data. If either of you were previously married, it is important to take the certificate of dissolution of marriage. Without it there may be problems with the acceptance of the application.

Misconceptions



When people say that getting married on a certain day before the event for a long time, they probably only planned and are now at the stage of engagement. Their statement could not be accepted.

Civil marriage does not exist, and the statement do not need to file. He means just living together and not imply any obligations.

Apply and one person. For this you need to take in advance at the registry office a statement that will fill your partner. Then it must be notarised and only then it is valid and considered.

Applying is not a free process, the state fee is 200 rubles and is to be paid at any Bank.

Sunday and Monday the registration of marriages is not carried out, as well as the last Thursday of the month - sanitary day. This information is better to check in the registry office where you register. In Fridays and Saturdays usually conduct the wedding ceremony.

It is possible to get married without a ceremonial March, so everything goes much faster. You just sign the statement, the passport will deliver print and issue the certificate. But of course people want to make wedding memorable for themselves and guests.

Submission of an application to the registry office and a wedding - simple enough matter. To live life with one person is more complicated. But if you are willing, then feel free to go and wait in the queue for the formalization of the family!
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