When a marriage is contracted, the law also presupposes the right of spouses to divorce by mutual consent. In the absence of mutual consent to divorce, the spouses can divorce in court. The grounds for divorce in court are considered: lack of consent of one of the spouses, the presence of common minor children, one of the spouses has no objections to divorce, but he avoids divorce in the registry office.
Necessary
- - original marriage certificate,
- - certificates of wages of the plaintiff and the defendant,
- - birth certificate of a child (children),
- - receipt of payment of state duty (for divorce),
- - if the spouses mutually agree to divorce, then from one of them, called the defendant, a statement of consent to divorce with a signature must be certified at the place of work or residence,
- - certificate from the place of residence of the plaintiff or the defendant.
Instructions
Step 1
In order for the court to consider your case, submit an application. In the application, list any mutual property claims and disputes over children. Describe everything in as much detail as possible, but don't overdo it with emotion. Write only the main point and reasons for divorce, which the opposing party does not satisfy. Also include the evidence you need.
According to the Family Code of the Russian Federation (article 21), the reason for divorce is not indicated only if both spouses have no claims to each other, and they have come to a mutually beneficial agreement. Otherwise, it is necessary to indicate the reason for the divorce.
Step 2
In addition to the application, do not forget to submit the above documents for the divorce proceedings.
Step 3
Usually, a divorce case is considered by the court in open session. However, if during the process intimate issues concerning the relationship of the spouses are raised, then at their request the court may hold a closed session.
Step 4
Be aware of your behavior in the courtroom, it may affect the judge's decision. Try to be as discreet as possible. The court deals with facts, but not with emotions. Therefore, as an option, hire a qualified lawyer to assist you.
Step 5
One of the essential elements of a divorce process is witnesses, especially if your divorce is very conflictual. Witness testimony is always evaluated first.
Step 6
Usually such processes are considered with the participation of both parties or their representatives. If the defendant deliberately delays the proceedings in your case or the court does not know the reason for the defendant's failure to appear, then this is automatically considered as contempt of court and divorce can be made in the absence of the defendant.
Step 7
If your spouse does not agree to a divorce, then be prepared for the fact that the court may postpone the hearing of your case, giving you a period of about three months for reconciliation. If, after the expiration of the conciliatory period, you still insist on divorce, the court will dissolve the marriage.
