Some marriages, alas, break up. Any of the spouses can initiate a divorce. If it is obvious that the old love no longer exists and the family cannot be saved, then perhaps a divorce will indeed be the best way out of this situation. Unpleasant questions immediately arise: how to do this so that everything is according to the law, with whom the children will live, how to divide property.
Instructions
Step 1
Try to understand the simple truth: since the marriage has not been saved, it is necessary to part calmly, with dignity, without mutual reproaches, quarrels and scandals. In short, behave like civilized people. If the husband and wife have no minor children, and both spouses agree to a divorce, the divorce procedure is carried out in the registry office at the place of registration of one or both spouses. Apply there with an application in the prescribed form. A sample can be obtained there.
Step 2
If there are minor children or one of the spouses does not agree to a divorce, this procedure can be carried out only in court. Indeed, according to the law, the court must not only state the fact of divorce, but also determine with which of the former spouses the children will live. The spouse - the initiator of the divorce - should go to court with a claim for divorce. Moreover, if the spouses have different registration addresses, then in the event that the wife wants to divorce, she should file a lawsuit in court, which is assigned the registration address of the defendant - the husband, and vice versa.
Step 3
Remember that the law provides for a number of exceptions to the general rules for processing a divorce. So, for example, in some cases it is possible to file a statement of claim with the court at the place of registration of the plaintiff, and not the defendant. Also, if the initiator of the divorce is the husband, and the wife does not agree, then, in the event of her pregnancy, as well as within a year after the birth of the child, divorce is not allowed.
Step 4
A very difficult issue that generates a lot of conflicts, the division of property in a divorce. According to current legislation, all property acquired in marriage is considered common property and is divided equally in case of divorce. However, Article 39 of the Family Code of the Russian Federation allows for a change in this provision for a number of reasons. And disputes about the division of property sometimes go on for years.
Step 5
Try to resolve this issue peacefully through negotiations. It is best if the former spouses enter into an agreement on the division of property. It must be notarized. If you cannot come to an agreement, or the ex-spouse interferes with the use of joint property, go to court with a claim for the allocation of the marital share of the property.
Step 6
Tune in in advance that this is not an easy and long business, you will be required to prove it. Better to use the services of a qualified lawyer.
