In modern life, divorce is a fairly common occurrence. Close people suddenly become strangers. And sometimes the only solution is divorce. This is a rather complex psychological and legal problem. But if the situation is no longer resolved in a different way, consider the following points when applying for a divorce.
Instructions
Step 1
If you do not have common children who have not reached the age of majority and property disputes, then you file a divorce at the registry office. To do this, you need to come to the registry office at the place of residence, write an application according to a specific sample and pay a state fee of 400 rubles. The consent of the spouse is not required, it is not necessary to indicate the reason for the divorce, since divorce will simply be registered within 1 month. A month is given to think over your decision.
Step 2
The spouse's consent to divorce is also not required in the following cases: if one of the spouses is recognized as incompetent, in this case the guardian submits for divorce; if one of the spouses is convicted (term of imprisonment over 3 years).
Step 3
Divorce through court is made if: the spouses have common children who have not reached the age of majority; one of the spouses evades the registration of divorce through the registry office; one of the spouses does not divorce.
Step 4
To obtain permission to dissolve a marriage through the court, you must submit an application written in a certain pattern. In the main text of the application, you indicate when, where and with whom the marriage was registered, the number of the act record. If you have joint children, list their full name and date of birth. Then you indicate the reason why you want to dissolve your marriage, be sure to stipulate the determination of the place of residence of the children and whether there are property disputes and state the request for divorce. In the appendix, list all the documents that you submit to the court (their exact name and number). In addition to the application, you need to submit the following documents: marriage certificate (original); salary certificates for both spouses; copies of birth certificates of children; a receipt for payment of the state duty (400 rubles).
Step 5
If the defendant does not want to be present at the trial, then you need to submit his application for divorce. The application must be certified by the housing department or by a notary. You will also need a certificate from the place of residence of the spouse on whose behalf the application is being submitted.
Step 6
If the defendant does not want to come to court and refuses to write a statement, he will be sent a notice from the court about where and when the session will take place. You can notify the defendant by telegram, but at the expense of the plaintiff. Suppose the defendant still did not come to court and did not inform about good reasons for failure to appear, then the divorce case can be considered without his participation. The court decision comes into force within 10 days.
