It often happens that family life between spouses gives a deep crack, and then nothing can keep the two married, even a common child. When life together is not possible, then you need to decide on a divorce.
Instructions
Step 1
The Family Code of the Russian Federation provides for the following cases of divorce: the death of one of the spouses, at the request of one or both spouses, or by a court declaring one of the spouses dead. Divorce is completely controlled by the state, and the divorce process is carried out in state bodies: the registry office or by court decision. Finding out the reasons for the destruction of the family, the possibility or impossibility of its preservation is not within the competence of the registry office, the procedure is simple, but requires a loss of time.
Termination in the registry office is permissible if: the spouses have mutually come to this decision and they do not have common minor children. This decision is confirmed by a joint written statement on a standard form issued by the registry office at the place of residence of both spouses or one of them. The application "On divorce" can be filed at the place of state registration of marriage.
Step 2
If one of the spouses cannot come to the registry office to complete a joint application for a good reason, then separate applications for divorce are drawn up. The signature of the absent spouse must be confirmed by a notary. In the registry office, a month is given for both parties, after this time a divorce certificate is issued and a mark on the termination of the marriage is put in the passports of the spouses.
Step 3
At the request of one of the spouses, in the presence of common minor children in the registry office, it is possible to dissolve the marriage if the other spouse: is recognized by the court as incompetent, missing or convicted for more than three years.
Step 4
If there are grounds listed in Article 21 of the Family Code of the Russian Federation (the presence of common minor children, the lack of consent of one of the spouses to divorce), then the marriage can only be dissolved in court. The statement of claim for divorce must comply with the requirements provided for in Article 131 of the Code of Civil Procedure of the Russian Federation, and contain the following points: the name of the plaintiff, his place of residence, the name of the representative and his address; the name of the district (city) magistrate court or magistrate of the judicial district where the application will be submitted; the name of the defendant in the divorce proceedings and his place of residence; the reasons for the divorce from the point of view of the plaintiff in the case; the presence of reasons for the impossibility of maintaining the marriage; information about the impossibility of divorce through the registry office; list of documents attached to the application. Also, in addition to the general requirements, the application must reflect the following: where and when the marriage was registered, the presence of children and their age; whether the spouses have reached an agreement on their maintenance and upbringing; motives for divorce; whether there are other claims that could be considered at the same time as the divorce claim.
