According to modern Russian legislation, a divorce can be formalized in two ways - either through the registry office, or through the court. The duration of the procedure, its complexity, as well as the package of necessary documents, depend on the format of termination. So what are the rules for registration and what kind of paperwork is needed to register a divorce?
Instructions
Step 1
In the registry office, a divorce is formalized if both spouses agree with this, who must come together to dissolve the marriage. However, Article 33 of the Law "On Acts of Civil Status" also allows the notarial transfer of the relevant powers, if, for example, one of the spouses is on a long business trip, in the army or is seriously ill. For this, registry office employees require the presentation of Russian passports and the signing of an appropriate application, according to which the applicants will be divorced.
Step 2
The same article provides for another aspect, according to which a person who wants to divorce can do it alone, if he has a certificate that the spouse is incapacitated (confirmation of the court's decision on this), is considered missing (an appropriate resolution), is serving a term of imprisonment for more than 3 years (a copy of the court's verdict is needed).
Step 3
Divorce through a court occurs for several reasons. For example, one of the spouses may not agree with the divorce, or two people have some kind of property issues that can be deprived only through appeal to the court.
Step 4
So, when filing an application for divorce, you need to provide - the corresponding statement of claim; receipt of payment of the fee; a copy of the statement of claim to be served on the second spouse; original certificate of previously concluded marriage; papers confirming the place of permanent residence of both spouses; copies of birth certificates of minor children, if any; documents confirming the validity of filing a claim (evidence of adultery, certificates of removed beatings, and others).
Step 5
If the spouses nevertheless agreed on the procedure for raising joint children who are less than 18 years old, then a notarized agreement on this agreement must also be provided, which will spell out many aspects - with whom the child will live, the procedure for meeting him, the amount of material assistance, and other.
Step 6
In the event that the spouses have problems with the division of property, then the court may require a number of other papers. For example, a certificate of ownership, a certificate of an independent appraiser on the value, a document on the amount of income, and others. You may also need an act of inspection of housing conditions, characteristics from the place of work or permanent employment, and other clarifying documentation.
