Often we learn from the news about divorces in stellar families, often accompanied by huge ransom payments and problems with children who cannot decide which parent to stay with. Everyone understands that the situation of divorce is very difficult. No matter how faded the feelings were at that moment, it is very difficult to change the usual course of things. The legal side of the divorce process can be complicated by jointly acquired property and the presence of minor children.
So, the spouses understand that divorce is inevitable. It would seem that a marriage can be dissolved easily and simply. In fact, even yesterday's lovers often have a lot of questions, which we will answer.
Where to apply for divorce
For example, spouses do not have minor children in common and mutually agree to divorce. Or one of the spouses is recognized as incapacitated or missing, then (in accordance with Article 19 of the Family Code of the Russian Federation) the application is best carried to the civil registry office.
Dissolution of marriage in (registry office) is carried out with the mutual consent of the spouses to dissolve and they do not have common minor children. For this you will have to pay a state fee in the amount of 400 rubles each.
You also need to go there if one of the spouses is sentenced to imprisonment for more than 3 years. In this case, as well as if one of the spouses is recognized by the court as missing or incompetent, or is convicted of committing a crime to imprisonment for more than three years, the state fee is charged in the amount of 200 rubles.
In other cases, you must go to court. Moreover, the courts are known to be different.
Magistrate's Court
There is a need to come here when the initiative to dissolve the marriage belongs to only one of the spouses. At the same time, it is necessary that there are no controversial issues between them concerning minor children. You can also contact here if one of the spouses cannot come to the registry office or does not want to, avoiding it under various plausible pretexts.
If the value of the jointly acquired property is not more than 50 thousand, the magistrate's court is also obliged to consider the application for divorce.
District Court
If the spouses still did not manage to agree on where the common children who have not reached the age of majority will live after the divorce, they will have to go to the district court. It also considers cases when there is no consensus on the amount of alimony payable.
If the amount of common property is more than 50 thousand rubles and the spouses do not have a common opinion on how to divide it among themselves, the cases are also considered in the district court.
Few people know that in case of pregnancy of the spouse, as well as during the whole year following the birth, the husband cannot unilaterally file for divorce.
In accordance with the law, the application for divorce is filed at the place of residence of the defendant. A claim against the defendant, whose place of residence is unknown or who does not have a place of residence on the territory of the Russian Federation, is filed in the court where his property is located, or at his last known place of residence on the territory of Russia. Also, a claim is filed at the place of residence if a minor lives with the plaintiff, or if for health reasons the plaintiff's departure to the defendant's place of residence seems difficult or impossible.
The form of a statement of claim for divorce must necessarily contain the following:
- the name of the district court or the name of the magistrate;
- FULL NAME. the plaintiff's spouse and his place of residence;
- FULL NAME. the defendant spouse and his place of residence;
- reasons for divorce (if the initiative for divorce is not reciprocal);
- facts and circumstances, as well as facts confirming them, on which the spouse relies in his claims;
- the presence of other requirements that the court may consider at the same time as the divorce suit;
- data that divorce through the registry office is impossible;
- by whom and when the marriage was registered;
- are there common minor children, their age;
- other information that, in the opinion of the spouses, is significant for this divorce proceedings;
- a list of documents attached to the divorce petition.
The list of documents attached to the claim includes:
- a copy of the application for divorce sent to the defendant;
- original marriage certificate;
- copies of birth certificates of common children;
- a receipt for payment of the state duty.
The amount of the state duty when filing a statement of claim for the division of matrimonial property depends on the price of the claim and is determined in accordance with Article 333.19. Of the Tax Code of the Russian Federation.
Sometimes the situation is complicated by the fact that one of the spouses does not agree to a divorce, and therefore delays the process in every possible way.
It is very difficult to get a divorce for those who have controversial questions regarding the place of further residence of children or the division of property.
If the spouses live in different cities and, moreover, in countries, as well as if the location of one of the spouses is unknown.
These are the cases when it is better to deal with divorce by professional lawyers.
If both spouses have nothing against divorce, the divorce procedure is greatly simplified and can take no more than 20 minutes.
