People fall in love, get married, get divorced - this is not a rule, but, unfortunately, many beautiful love stories end in an unsympathetic divorce. Even by mutual agreement, it is difficult to get a divorce, and if there is no agreement and understanding, it is doubly difficult.
Instructions
Step 1
If the divorce occurs by mutual consent, and the former spouses do not have joint minor children and property claims, then the divorce can be filed at the registry office. If the spouses have a dispute about children, the division of property, or just one of the spouses does not agree to a divorce, then a trial cannot be avoided. You need to understand that the law cannot oblige spouses to keep the family, but it can give time for reconciliation, this is the only obstacle to freedom in the way of a woman. A man, without the consent of his spouse, will not be able to obtain a divorce if his wife is pregnant and until the baby is one year old. The law does not provide for other restrictions.
Step 2
If one of the spouses does not agree to a divorce, then the spouse who wants to find freedom must send an application to the court at the place of residence of the family, a receipt for payment of the state fee, a copy of the marriage certificate must be attached to the application. The court considers all the circumstances of the case and hears the arguments of the parties, if the court has doubts about the impossibility of the spouses living together, then the court may postpone the consideration of the case for up to three months. If after the expiration of the appointed time, the parties have not reconciled and one of the spouses continues to insist on divorce, the court has no right to refuse the divorce and must make a decision to terminate the marriage.
Step 3
If the spouses have minor children and jointly acquired property, then simultaneously with the application for divorce, an application can be submitted for determining the place of residence of the children, for the division of property, for the appointment of payments for the maintenance of children. The application must be accompanied by copies of documents on ownership of property, birth certificates of children. Many spouses who do not want to get divorced simply ignore the court hearings, but this is not a circumstance for the court that prevents divorce. After three one-time non-appearance of one of the spouses at the hearing, the court will decide on divorce, division of property, decide the issue of children without the participation of the second spouse.
Step 4
The moment of termination of a marriage is the entry into force of a court decision. After three days from the date of entry into force of the decision, the court sends an extract from the court decision to the registry office to make an entry on the divorce in the civil registry. Divorce certificates are issued by the registry office.
