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How to file for divorce: the necessary documents for registration of divorce


How does the divorce process in the Russian Federation? Necessary documents for the divorce. The nuances of the divorce proceedings.

As you know, a divorce is a verydifficult situation from a moral point of view - no matter how calm may seem to former spouses, but both of them, one way or another, will experience psychological stress. On the legal side of divorce procedure can also be quite daunting - especially if the couple managed to acquire common property, to have children.

The procedure for the dissolution of marriage

When there is such situation in the family, thatdivorce becomes inevitable, often the spouses do not know where to spouses or the plaintiff to file the application and documents to the marriage was dissolved, what documents are required for this process, how long a time is carried out divorce procedure.

First of all, it should be noted that if the spouses have come to such a decision by mutual agreement, the couple is not underage children together, the marriage is dissolved after a written request from the couple in the Department of Civil Registry Office. without trial. Similarly, marriage is terminated, if one spouse is convicted by the court, received prison term longer than 3 years, if one spouse missing persons, or declared incapable. In all other moments of the dissolution of marriage is performed by judicial process (According to the Family Code, Article 18).

  • If divorce requires only one of the spousesAnd the property jointly acquired a pair of notexceeds the sum of the cost of 100 thousand rubles, if one spouse does not come to the registrar, without agreeing to the divorce, then such marriages annulled by the magistrate (under the Family Code, articles 21-23).
  • If a couple already has minor childrenOr in cases where the spouses on propertythe cost of 100 thousand rubles, the divorce comes through the district court procedures (under the Family Code, articles 21-23). All proprietary or other disputes of divorcing spouses are considered only in the court (under the Family Code, Article 18).

Herself termination of the procedure formal marriage It begins with the filing of a joint application by spousesOr with a statement from one of the spouses. This declaration must be submitted to the registrar office or the magistrate's court, the district court located in the place of passport registration (residence) of the defendant. However, there are special exceptions in the Russian legislation, when an application for divorce may be filed at the place of registration of the passport, residence wife - plaintiff.

  • Divorce happens 1 monthFrom the date of submission of the application, an action for divorce in the registry office.
  • If the wife is pregnantOr if a woman has a child under the age of1, the court does not accept the application for a divorce from her husband (according to the Family Code, Article 17). The wife can also sue her for divorce (dissolution of marriage) at any time, without restriction.
  • Usually, hearings divorce proceedings are public. In some cases, when the court will be considered intimate aspects of the life of the spouses, the court session may be closed.

If during the court disputes arose former spouses of children or joint property, the legal divorce process can last from 4 to 6 months.

Stages of divorce proceedings

  • Gathering the necessary documents for the divorce proceedings.

  • Direct supply of properly drawn up declaration of divorce (dissolution of marriage), the necessary documents to the registrar office or court.
  • The presence of the plaintiff at the hearing; the defendant's notice of each hearing.
  • If the court has determined the couple a month reconcilesides, but then the couple did not attend the hearing, devoted to their divorce suit, the court has the right to cancel the claim and acknowledges the data reconciled spouses.

Documents necessary for divorce (dissolution of marriage)

Application to the registry office or the court office. Statement by the spouses or one spouse is servedonly in written form (on a special form). In the statement, the couple must prove that they voluntarily agree to the dissolution of the marriage, and that they do not have minor children (general).

AT statement-suit, which is served in the Registry Office, Be sure to specify:

  • These passports of both spouses (name, date of birth, place of birth, residence, the actual place of residence, citizenship).
  • Document Data on the registration of marriage the spouses.
  • The names that are allowed to spouses after the divorce itself.
  • Date of writing the application.
  • The signatures of both spouses.

AT the statement of claim, which plaintiff submitted to the court, Must be specified:

  • These passports of both spouses (name, date of birth, place of birth, residence, the actual place of residence, citizenship).
  • Document Data on the registration of marriage the spouses.
  • The reasons for divorce.
  • Information about the claims of (recovery from a spouse child support (Children), division of joint property, dispute the definition of the place of residence further minor child (children), etc..).

Petition served at the place of permanent residence(Residence) of the defendant. If the spouse is the defendant - not a Russian citizen, or has no place of residence in Russia, the place of residence is unknown, the statement of claim the plaintiff submitted to the court located in the place of last residence of the defendant in Russia, or in the place where the defendant's assets . By the claim, the plaintiff for divorce spouses attached passport, copies of the document of marriage (a marriage certificate of the spouses).

When the declaration of dissolution of marriage, the spouses of current fed into the Magistrate's Court, District CourtThen to it the following documents:

  • Copies of the original writ of divorce (for the number of defendants, third parties).
  • The receipt of the bank payment to mandatory state fees for the divorce procedure (details are specified in the court).
  • If the plaintiff's favor for a representative in court - it is necessary to submit a document or power of attorney, which certifies his authority.
  • If the applicant puts forward any requirements tothe application for divorce is necessary to make all the necessary and relevant documents confirming the circumstances, as well as copies of these documents to all defendants, third parties.
  • Documents confirming execution of the order of pre-trial settlement of the dispute.
  • The plaintiff must prescribe the amount of money you intend to receive from the defendant (required - copies by the number of defendants in the court).
  • The document on marriage (or duplicate).
  • In common minor children, spouses - children's birth documents (certificates), or a copy of the birth (certificates), certified by a notary.
  • Extract from the housing department at the place of residence of the respondent spouse (of the "house of the book"). In the process of the court in certain cases it must also extract from the housing department (of the "house of the book"), the plaintiff himself.
  • Information about the defendant's income (if the court considered the claim of alimony).
  • If the defendant agrees to the divorce (to divorce), you must provide a written statement to that effect.
  • Agreement spouses of children (if the suit is required).
  • Marriage contract (If required by the claim).

The list of documents that need to begrant to the divorce process can be different - it depends on the requests of the judge, his claims. The list of required documents is not approved by judicial legislation, so it varies. The procedure for divorce court will begin only when the full set of required documents, a list of which the plaintiff can learn even before filing its application to the court before the divorce process. In some cases, the court may require additional documents - this is the plaintiff and the defendant notify the court.

What if the spouse is not a respondent in the court?

If the spouse had failed to come to the appointment of the hearing on the divorce process, the Divorce is also possible to get to the plaintiffEven if the spouses have minor children.

  • If the defendant can not, for their own reasons to attend the court session, dedicated to the divorce process, it has the right submit a representative in his placeBy issuing a power of attorney with a notary. This is precisely the right to a representative in court is available to the plaintiff.
  • If the defendant has good reasons, which he can not appear on one of the court sessions on the process of divorce, he should submit an application to the Court, then the divorce process will be delayed for some time.
  • If the defendant specifically comes to court meeting initiated by the process of divorce, the divorce will take place without his presence at this hearing in the divorce.
  • If the defendant had good reasons not to come to the hearing, he could not in time to report them to the court, but it was held in his absence, terminating the marriage, then later husband - the defendant may apply for the cancellation of the court decision.

    Post this statement spouse may, withinweek (seven days) from the date on which it receives a copy of the judgment of divorce has already committed. The court's decision an accomplished divorce can also appeal in cassation.

  • If the spouse had failed to come to the appointment of the hearing on the divorce, divorce proceedings in time may increase by another 1 month.

How to apply to the plaintiff in the divorce if the spouse, the respondent is opposed to divorce

Often, the procedure of divorce is becoming very hard test for both former spousesAnd for their environment. Divorce is almost always accompanied by property disputes, or disputes about children.

  • If the defendant against divorce, It does not necessarily shy away from participating in the trial, because he can, and at the meeting declare its opposition to divorceAsking to determine the time for reconciliation of the spouses. Ultimately, the decision rests with the judge - if he is convinced of the sincerity of the desire to come to terms, the further process may be delayed for another some time (maximum - 3 months).

  • If the claimant He insists on a divorce, arguing their unwillingness to put up with the defendant, this period may not be as great. Spouse - the defendant and then can re-submit an application to the court for reconciliation of the parties.

  • If the spouse - the defendant against divorceSo he deliberately deliberately evades visiting the courtroom, the judge may issue a default judgment of divorce at the third meeting.

What woman, if her husband - the defendant against divorce?

First of all, it is necessary make a competent petition - In the case of using the best to consult a qualified attorney. Property disputes, disputes on children best dealt with in the same court divorce proceedings - these claims must be submitted simultaneously with an application for divorce.

  • Women must most pay the state fee for divorceWithout waiting until the husband pay.

  • The court session was appointed about a month after the date of submission of the application by the plaintiff. The plaintiff must be present on themeeting, to answer the judge's questions, to argue his desire to divorce. In the absence of other circumstances the divorce judge may accept at the same meeting. If such circumstances are still having - a judge can make a decision - to give the couple time for reconciliation.
  • To the spouse paying alimony, The plaintiff need to submit to the court a certificate ofhis income. If the wife during the marriage not working, doing housekeeping, or if she is on maternity leave, not working and caring for a small child, it may require the maintenance of the defendant and its contents.

  • If someone already from former spouses I do not agree with the decision of the world, the district courtThen within ten days after the issuance of a certificate of divorce, he may file a lawsuit against the abolition of this decision, considering divorce case again.

For obtain a certificate of divorce (Divorce) to each of the former spouses is already necessary to submit to the registrar, who is at the place of registration of the passport, or the place of registration of the marriage certificate or court decision.

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