How Does The Divorce Procedure Take Place?

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How Does The Divorce Procedure Take Place?
How Does The Divorce Procedure Take Place?

Video: How Does The Divorce Procedure Take Place?

Video: How Does The Divorce Procedure Take Place?
Video: How does the divorce process work? 2024, December
Anonim

Keeping a family together is not as easy as it seems. But when there is a turning point in the relationship, there are a lot of problems associated with filing documents for divorce. This procedure can be complicated by the presence of common minor children and property acquired by the spouses.

Rings removed, photo torn - divorce
Rings removed, photo torn - divorce

The procedure for divorce can be complicated by a number of nuances, be that as it may, it can be quickly divorced only in cases where the spouses are ready to take such a step, do not have minor children, and have not acquired joint property in marriage. In other cases, this procedure is rather troublesome, and the court hearing on the case can take a long time. By the way, as court practice shows, people who have turned to a lawyer for help have fewer problems in the divorce process.

How to get a divorce if there are no children and acquired property

Regardless of where the spouses live, they need to contact the registry office together where the marriage was concluded. To dissolve the marriage, you will need to draw up a written request for divorce in the form of an application. For some time, the written request will be considered by authorized representatives, only after that the marriage is dissolved.

How to get a divorce if you have minor children or acquired property

In this case, everything is much more complicated: firstly, in case of a divorce of this kind, the case is heard in court, and secondly, from the date of filing the application to the moment of the first court hearing in this case, at least a month must elapse. This period is allotted to spouses to realize such a serious step as divorce.

During the court session, the case is considered, where it becomes clear to whom, how much and what property will go after the divorce. In addition, witnesses are heard, who largely determine who is better off staying with the children. By the way, the court may not issue a divorce at all in some cases, for example, provided that the spouse is pregnant or has a child under three years old.

It should be noted that if one of the important defendants in the case fails to appear, the court may postpone the hearing for another time. In this case, a man or woman can write a written request to hear the case without a spouse. Then the meeting will be held without his participation, of course, if the court recognizes the reason for failure to appear as valid.

Also note that you can apply for divorce by mail if the plaintiff lives in another city or country. The application is reviewed in the usual manner by an authorized person. If there are minor children in the marriage, it is best to consult with an experienced lawyer before submitting an application, this will avoid possible problems with the paperwork.

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