Divorce proceedings - a legal procedure, as a result of which a family union is recognized as officially terminated. Unfortunately, not all spouses manage to painlessly overcome this difficult life stage. During the dissolution of a marriage, various difficulties may arise, associated with both disagreements between the husband and wife, and with the lack of the necessary documents. In order for a divorce to go through as quickly and easily as possible, you need to remember the requirements of the law from the very beginning.
Necessary
- - passports of both spouses;
- - application for divorce to the registry office;
- - statement of claim to the court and its copy;
- - marriage certificate (original and copy);
- - birth certificate of the child (original and copy);
- - receipt of payment of the state duty;
- - certificate of wages of the spouses (if necessary);
- - inventory of property acquired in marriage (if necessary);
- - a copy of the marriage contract (if any);
- - a copy of the written agreement on the maintenance of the child and the division of property (if any);
- - medical report on the recognition of the spouse as legally incompetent (if any);
- - a court order on recognizing the spouse as missing (if any);
- - a court order on the term for the spouse to serve the sentence in places of deprivation of liberty (if any).
Instructions
Step 1
Decide how you want to end your marriage. The law offers two options: administrative (through the registry office) and judicial. Administrative divorce is suitable for a couple who do not have common minor children. Both spouses must also voluntarily agree to end the marriage relationship. Through the registry office, they will also be divorced if one of the spouses is recognized as missing, incapacitated, or has been sentenced for more than 3 years.
Step 2
If the family brings up minor children or the husband and wife could not agree on a "peaceful" divorce, the marriage will have to be dissolved in court. This process can be lengthy and difficult, especially when the child is the stumbling block.
Step 3
Collect the required documents. In case of administrative dissolution of marriage, few of them are required: a marriage registration certificate (original and copy), passports of both spouses or documents replacing them, a receipt for payment of the state fee, a joint application addressed to the head of the registry office.
Step 4
The list of legal papers will expand significantly if you are facing a divorce in court. First of all, as the initiator of the dissolution of the marriage, you must file a statement of claim with the magistrate's court or the court of general jurisdiction.
Step 5
The magistrate will deal with the divorce proceedings if the spouses have agreed on the procedure for raising and maintaining children, as well as on the division of property. If there are controversial issues, for example, if the spouse is against divorce in general, you need to contact the district court at the place of residence of the defendant.
Step 6
A sample of the statement of claim is available on the information stand in the reception area of the court. It can also be found on the Internet. Attach the following documents to the application: a copy of the statement of claim (to be sent to the defendant), the original and a copy of the marriage registration certificate, originals and copies of birth certificates of minor children, a receipt for payment of the state duty.
Step 7
If a marriage contract was concluded between you, a copy of it must also be provided to the court. The spouses who voluntarily decided all issues related to the payment of the child's expenses and the division of material assets must submit to the court a copy of the written agreement.
Step 8
Simultaneously with the main claim, you can submit applications with a request to determine in court the amount of alimony payments for children and for a disabled spouse and / or to distribute property acquired in marriage. In order for the judge to have factual data on controversial issues, attach to the package of documents a certificate of the salaries of both spouses and an inventory of property (real estate, land, vehicles, deposits in banks, etc.).
Step 9
Contact the registry office or court. After reviewing all the documents, the secretary will determine their completeness and sufficiency, accept the application and set a date for the consideration of your case.
