Not everyone who wants to get a divorce can imagine how this can be done, what documents will be required, how to divide property, how to get child support payments, and where to apply at all. And many are interested in how to file a divorce as soon as possible.
Instructions
Step 1
If the spouses do not have common minor children and there is no dispute about property, they can submit an application for divorce at the registry office at their place of residence. In this case, the divorce is formalized quickly enough. According to Family Law, a marriage is dissolved one month after the application is filed. You can also contact the registry office at the place of residence of one of the spouses. In any case, divorce through the registry office is made out if there is the consent of both parties.
Step 2
If you have minor children or you have a dispute over joint property, the marriage is dissolved in court. In this case, a statement of claim for divorce is filed in accordance with Art. 131, 132 of the Civil Procedure Code of the Russian Federation. It indicates where and when the marriage was concluded, whether there are common children, whether an agreement has been reached on their further residence. An important point is the mutual consent of the spouses to divorce. Other claims are also possible, which will also be considered simultaneously with the main claim.
Step 3
The following documents are attached to the application: marriage certificate, copies of birth certificates of children. If there is a claim for the recovery of alimony, documents on the sources of income of both spouses are required. Information relevant to the consideration of the case and the petition of the plaintiff may be stated.
Step 4
If there is no consent to divorce on the part of one of the spouses, the court may allow time for mutual reconciliation by postponing the proceedings for up to 3 months. If it exists, then the dissolution of the marriage occurs without clarifying the reasons for the divorce, but not earlier than one month from the date of filing the application.
Step 5
If the spouses do not reach agreement on the amount and procedure for paying alimony, the division of property, the further residence of minor children, or it turns out that their rights have been violated, the court resolves these issues simultaneously with the requirement to dissolve the marriage.
Step 6
The claim for the recovery of alimony in the event of a dispute by one of the parties to its motherhood or paternity may be allocated for separate consideration.
Step 7
In any case, if you want to file a divorce in a short time, seek the help of a lawyer. He will ensure the collection of evidence, prepare and submit a statement of claim, and represent your interests in court.
