When a marriage is dissolved by mutual consent, without any claims and the presence of minor children, the divorce occurs out of court. To do this, you need to contact the registry office and provide an application and a package of documents.
Necessary
- - two statements;
- - marriage certificate (original);
- - receipt of payment of state duty;
- - birth certificate of the child (copy).
Instructions
Step 1
Contact the registry office by writing a free-form statement about your desire to dissolve the marriage. Please note that it is not at all necessary to contact the authority where you were registered. An application for divorce can be filed by one of the spouses at the registry office at his place of residence or place of residence at the moment. The divorce process itself can take place in the department that the divorcing spouses choose.
Step 2
Pay the state fee of 200 rubles. You can do this at any branch of Sberbank. Just go to the cashier window and tell them you want to pay the divorce fee. The bank employees will fill out all the receipts on their own and give you a check.
Step 3
Collect the required documents. They include: a paid receipt, the original marriage certificate, two applications for divorce. If you have minor children, be sure to attach a copy of your birth certificate. In case of irreconcilable disagreements in the choice of the child's place of residence, the divorce proceedings will be carried out in court (court of general jurisdiction). In the absence of disputes about the upbringing of the baby, the case is considered by the magistrate.
Step 4
After filing the application, a date is set to appear for the divorce procedure. Usually it is placed for a period not earlier than a month after the acceptance of the application from one or both spouses. This is done in order to give time to think about such a serious step. Some couples choose to pick up the application before the specified deadline.
Step 5
Both spouses must be present at the divorce proceedings. But there are also exceptions. For example, if the work of one of the divorcing does not allow at the specified time to arrive at the place of the procedure. Then he must write in advance a statement addressed to the judge, which gives his consent to the divorce. In this case, the procedure is carried out as usual. If one of the spouses fails to appear without warning, the judge postpones the time for considering the case.
