The wedding march of Mendelssohn died away, the festive fireworks with champagne corks died down, the bouquets in vases faded, and an ordinary family life began. Alas, not every couple keeps the promise to love “to the grave”, given quite recently. And often what happens is what is often called "The love boat crashed against everyday life." Simply put - a divorce. Either in the registry office, or, if the spouses still have something to dispute, in the magistrates' court.
Why the court?
In Russia there is a certain procedure for the dissolution of marriage relations, prescribed in the Family Code. Its main provision is that termination is carried out only in the civil registry offices. An exception is cases requiring a court hearing.
In court, the marriage should be dissolved even if one of the spouses, without opposing the divorce itself, for some subjective reason avoids visiting the registry office.
Stumbling child
If the family has a common child, mom and dad will not be able to "run away" in the usual way. The state immediately enters the process, protecting the rights of a minor citizen. The procedure for such a process is as follows:
One of the spouses writes a statement to the magistrate's court of his area or town, where he asks to dissolve his marriage, indicating a good reason. For example, the impossibility of living under one roof due to inappropriate behavior of a spouse, the presence of a second family, refusal to support a joint child.
Three documents are attached to the reasoned application - the original marriage certificate, a copy of the child's birth certificate and a receipt of the state duty for 400 rubles.
But if the defendant is sentenced to a term of three years or more, is declared missing in court or is legally incompetent, the state duty is 200 rubles.
Useful advice
Before going to the court office, obtain copies of all documents in advance. And ask the secretary to make sure that you gave her exactly the documents she needs. Be sure to also write down the telephone number, first and last names of the referee and the scorer.
All rise, the court is in session
After some time, the plaintiff and the defendant will receive summons with the dates and times of the court session. By the way, it is not recommended to bring a child with you, especially a minor, which sometimes young and inexperienced parents are fond of. It will definitely not be able to help, but to interfere, especially the judge, is easy! It is better to invite an experienced lawyer.
Contrary to the opinion of some ordinary people, quick divorce usually does not happen. Even after carefully examining the statement of claim, written, as a rule, chaotically and emotionally, the judge will certainly ask both parties to speak and inquire about the motives for the divorce. Then he will offer to make up, giving a period of one to three months.
The grounds for shortening the period for reconciliation of the parties may be so-called good reasons. For example, when the divorces have not lived together for several years or are in a civil marriage with other people.
But if the intra-family situation still does not change for the better, the conflict will not be settled and the plaintiff does not disavow his statement, the magistrate will have the right to announce the divorce decision, giving the losing party a deadline for appeal.
Mutual agreement
Having learned that the legal spouses could not agree, the judge may not find out the motives and confine himself to passing a verdict. In a situation where it was not possible to reach agreement, including on the maintenance of the child, the judge will have to decide: with whom exactly will he stay, which of the parents is obliged to pay alimony and in what amount? It will also be necessary to consider, in the event of such a requirement, the issues of division of jointly acquired property and maintenance of the second spouse in case of his disability.
You are half and I am half
The judicial procedure for the division of property is practically the same. The main difference: the size of the state duty is not fixed here. It depends on the total value of the disputed property. In case of disagreement between the parties, the judge has the right to decide on the conduct of an examination.
