If you have grown cold to each other and are already unbearable to live together, then you should apply for a divorce. Depending on the circumstances, the RF IC provides for the termination of marriage between spouses either in the registry office or in a civil court.
Necessary
- - marriage certificate;
- - children's birth certificates;
- - an extract from the house management;
- - paid receipt of state duty;
- - a copy of the claim;
- - the passport.
Instructions
Step 1
Determine the territorial jurisdiction of your case, depending on the circumstances. Termination of marriage is carried out in the registry office with the mutual consent of the spouses, in the absence of minor (common) children in the marriage. In the registry office, divorce is carried out on the following grounds: - one of the spouses, on the basis of a court decision, is recognized as incompetent or missing for a long time;
- one of the spouses (husband or wife) was convicted of an offense and sentenced by the court to a very long term (more than 3 years) imprisonment. children.
Step 2
It is also possible to file an application for divorce to a magistrate: - if both parties do not have a question about children;
- in case of division of acquired property, the price of which does not exceed 50 thousand rubles;
- if the defendant avoids divorce for no particular reason.
Step 3
A lawsuit (application) for divorce is filed with the district civil court if the spouses did not come to a common opinion and could not agree on the place of residence of the children, on the amount of alimony payments for the maintenance of children, on the division of joint property in an amount exceeding 50 thousand rubles.
Step 4
Write yourself or with the help of a lawyer a statement - a claim for termination of marriage. It must be signed by the claimant or his authorized representative.
Step 5
Pay the state fee for the consideration of the claim. As a rule, claims for termination of marriage are filed with the judicial authority at the place of legal residence of the plaintiff or defendant.
Step 6
Please attach the required official documents to your statement of claim.
Step 7
Submit a claim - an application for termination (dissolution) of marriage to a judicial authority according to territorial jurisdiction.
Step 8
Wait for a subpoena for your civil divorce suit.
