Family and children are protected by the state. The law provides for measures aimed at protecting family relationships. The principle of voluntariness of marriage is inextricably linked with the principle of freedom of dissolution of marriage. In order to separate, spouses need to go through a divorce process. This requires you to file an application for divorce with the appropriate authorities. The family ceases to exist from the date of state registration of divorce.
Instructions
Step 1
The basis for state registration of divorce is a joint application of the spouses, the application of one of the spouses, as well as a court decision on divorce that has entered into legal force.
Step 2
Any application for divorce is submitted personally in writing to the civil registry office - the registry office, which is located either at the place of residence of one of the spouses, or at the place where the marriage was registered. The application form is filled out in accordance with the requirements for the content of the application, which are provided for in the "Law on Acts of Civil Status". Samples for filling out the application are located on special stands or counters in the registry office.
Step 3
Also, an application for divorce can be filed electronically through a single portal of state and municipal services or through a multifunctional center. When applying for a divorce certificate through the Internet portal, the applicant fills out the appropriate electronic form, which indicates the necessary data.
Step 4
For the state registration of divorce and the issuance of a certificate, a fee is paid in advance according to the details of the registry office to which the application is submitted. A document confirming the payment of the state fee is provided with the application. At the same time, the official must present an identity document and a "Marriage Certificate".
Step 5
Administratively, the dissolution of a family union is made directly at the registry office in the following cases: if the spouses agree to divorce, and they do not have minor children; if the spouse is recognized by the court as missing, or incapacitated, or sentenced with imprisonment for a term of more than three years, regardless of the presence of children who have not reached the age of majority. In all other cases, the dissolution of the marriage is carried out in court.
Step 6
In order to dissolve the marriage and receive funds for the maintenance of the child or the applicant himself, it is necessary to file a claim for divorce and the payment of alimony to the judicial authority. These two requirements can be submitted to the court separately. A statement of claim for divorce and payment of alimony is drawn up in accordance with the requirements of civil proceedings and a fee is paid for it.
Step 7
Such an application is submitted to the court at the place of residence of the defendant. If the plaintiff's departure to the defendant's place of residence is difficult for health reasons or there is a minor child with him, a claim for divorce and the payment of alimony can be filed with the judicial authority at the plaintiff's place of residence.
Step 8
State registration of divorce on the basis of an extract from a court decision is made without submitting an additional application to the registry office, if it is the same civil registry office where the marriage was concluded. If the registry office is located at the place of residence of any of the spouses, it is necessary to additionally submit an application for divorce in writing or orally to this registry office.
