How to apply for a divorce: necessary documents for divorce

How is the broken-water process in the Russian Federation? Required package of documents for divorce. The nuances of the marriage process.

As you know, the divorce is a very difficult situation from a moral point of view – no matter how calm former spouses would seem calm, but both of them, one way or another, will experience psychological stress. From the legal side, the divorce procedure can also be quite complicated – especially if the pair managed to acquire a common property, to have children.

Marriage termination procedure

When there is such a situation in the family that the divorce becomes inevitable, very often the spouses do not know where to the spouses or the plaintiff to file a statement and documents in order for the marriage to be terminated which documents will be required for this process, as long as time is carried out Divorce procedure.

First of all, it should be noted that if the spouses came to this decision by mutual agreement, the couple have no minor children, then The marriage is terminated after a written statement from the pair in the registry office, without a trial. In the same way, marriage is terminated, if one spouse convicted by the court, receiving a sentence more than 3 years, if one spouse was missing, or recognized as incapable. In all other moments, the termination of marriage is carried out through the judicial procedure (According to the Family Code of the Russian Federation, Article 18).

• If the divorce requires only one of the spouses, And the collaborated pair property does not exceed the amount of the value of 100 thousand rubles, if one spouse does not come to the registry office, without agreeing to the divorce, then these marriages are terminated through the world judge (according to the Family Code of the Russian Federation, Articles 21-23).
• If a couple already have minors children, Or in cases where the property of spouses in value exceeds 100 thousand rubles, the termination of marriage occurs through the procedure in the district court (according to the Family Code of the Russian Federation, Articles 21-23). All property or other disputes of filled spouses are considered only in court (according to the Family Code of the Russian Federation, Article 18).

Itself Proceed procedure official marriage begins with the filing of joint statement by spouses, or from a statement from one spouse. This statement must be submitted to the registry office or in the world court, the district court, which is at the place of passport registration (registration) of the defendant. However, there are special exceptions in Russian legislation when a marriage application may be submitted at the place of passport registration, the place of residence of the spouse – the plaintiff.

• Marriage termination occurs After 1 month, Considering from the date of submission of the application-law on divorce into the registry office.
• If the spouse is pregnant, Or if a woman has a child by age up to 1 year, the court does not accept a statement on divorce from her spouse (according to the Family Code of the Russian Federation, Article 17). The spouse can sue the divorce (termination of marriage) at any time, without restrictions.
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  Usually, Court sessions of the marriage process are open. In some cases, when the court will be considered intimate parties to the life of spouses, court sessions may be closed.

If there were disputes of former spouses about children or jointly acquired property, the judicial marriage process may last 4 to 6 months.

Stages of a wicked procedure

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  Collection of documents required for procedure.

• Direct submission of a correctly compiled statement of divorce (termination of marriage), the necessary documents in the registry office or to court.
• The presence of the plaintiff at the court session; Notification of the defendant about every court session.
• If the court defined the spouses a month to reconcile the parties, but then the spouses did not appear at the court session dedicated to their timing claim, the court is entitled to cancel this claim and recognizes these spouses reconciling.

Documents required for divorce (termination of marriage)

Application to the registry office or court. The statement of spouses or one spouse is served only in a written version (by special form). In this statement, the spouses must confirm that they voluntarily agree to the termination of this marriage, and also that they do not have minor children (general).

IN Statement-lawsuit, which is submitted to the registry office, Be sure to indicate:

• Passport data from both spouses (name, date of birth, place of birth, registration, actual place of residence, citizenship).
• Data on marriage registration of spouses.
• Names that spouses leave themselves after a divorce.
• Category writing date.
• Signs of both spouses.

IN The claim that the plaintiff is submitted to the court, Indicated:

• Passport data from both spouses (name, date of birth, place of birth, registration, actual place of residence, citizenship).
• Data on marriage registration of spouses.
• Causes of divorce.
• Information about the claims (Recovery from the spouse Alimony for a child (children), section of joint property, dispute about determining the place of further residence of a minor child (children), etc.).

Application to court Served at the place of permanent residence (registration) of the defendant. If the spouse-defendant is not a citizen of the Russian Federation, or does not have a residence in Russia, his place of residence is unknown, then the claim is the claimant is filed to the court at the place of the last residence of the defendant in Russia, or at the place where the defendant property is located. The claims of spouses, their copies, a marriage document (marriage certificate of spouses) are attached to the claimant’s claim.

If the application for termination of the current marriage spouses is submitted to World Court, District Court, That requires the following documents:

• Copies of the original statement of a divorce (by the number of respondents, third parties).
• Receipt of the Bank on payment of the mandatory state duty for the divorce procedure (details are specified in court).
• If a representative acts in court in court – it is necessary to submit a document or a power of attorney, which certifies its powers.
• If the plaintiff puts out any requirements, all the necessary and important documents confirming all the circumstances, as well as copies of these documents, must be attached to the divorce statement, as well as copies of these documents for all respondents, third parties.
• Documents that confirm the implementation of the pre-trial order of settlement of this dispute.
• The plaintiff must prescribe a sum of money that intends to receive from the defendant (necessarily – copies by the number of respondents in court).
• Marriage (or Duplicate His Duplication).
• With common minor children from spouses – children’s birth documents (certificates), or a copy of the birth document (certificate) certified by a notary.
• Extract from the Hweak at the place of residence of the spouse respondent (from «House book»). In the process of the Court, in some cases, it is also necessary to extract from the ZhEKA (from «House book») Plaintiff itself.
• Help of the income of the defendant (if the court considers the claim for alimony).
• If the defendant agrees to the divorce procedure (on termination of marriage), it is necessary to provide his written application for this.
• Agreement of spouses about children (if it is required on the claim).
• Marriage contract (if it is required on the claim).

The list of documents that must be provided before the scroll process may be different – it depends on the requests of a specific judge, its requirements. The list of necessary documents is not approved by judicial legislation, so it varies. Procedure Termination of the marriage will begin by the court only in the case of a complete set of necessary documents, the list of which the plaintiff can find out before applying for a statement to the court, before the timing. In some cases, additional documents may be required – the plaintiff and the defendant will be known in court.

What to do if the spouse the defendant is not in court?

If the spouse respondent does not come to designated court sessions on a marriage process, then Divorce plaintiff is also possible, even if the spouses have minors children.

• If the defendant may not be present at this court session dedicated to the broken-separation process, he has the right submit instead of a representative, After an attorney at the notary. The same right to the representative in court is available at the plaintiff.
• If the defendant has good reasons why he can not appear at one of the court sessions dedicated to the timeline, he must provide an appropriate application to court,  Then the marriage process will be postponed for a while.
• If the respondent Specially not coming to the court sessions According to the started timberization process, the termination of marriage will take place without his presence at this court session on the divorce.
• If the defendant had good reasons for the court hearing, he could not inform the court on time, but it passed in his absence, terminating the marriage, then later Spouse – the defendant may apply for the cancellation of this court decision.
  

  Submit this statement by the spouse may be within a week (seven days) from the day from which he was awarded a copy of the court decision on the already perfect divorce. The decision of the court on the accomplished dissolution of the marriage can also be appealed in cassation.

• If the spouse respondent does not come to the appointed court sessions on the divorce, The marriage of time may increase by another 1 month.

How to file the plaintiff for divorce if the spouse defendant is configured against the dissolution of marriage

Often, the marriage termination procedure becomes very not easy testing for both former spouses, And for their environment. Divorce is almost always accompanied by property disputes, or disputes of children.

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  If the defendant is against a marriage termination, It is not necessary to shy away from participation in court sessions, because he can at the meeting declare your disagreement with a divorce, asking for determining the term for reconciliation of spouses. Ultimately, the decision remains for the judge – if he is convinced of the sincerity of the desire to reconcile, the further process can be postponed for some period (maximum – 3 months).

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  If the plaintiff insists on the divorce, arguing her reluctance to put up with the defendant, this period may not be so big. Spouse – the defendant and then may again submit a petition to the court about reconciliation of the parties.

• If the spouse is the defendant against broody termination, Therefore, he is specifically, deliberately evades the visits to court sessions, the judge may submit a correspondence decision on divorce at the third meeting.

What to do a woman if her husband is a defendant against divorce?

First of all, it is necessary make a competent claim – In this case, for help better turn to a qualified lawyer. Property disputes, debaters about children It is best to solve in one judicial marriage process – these claims need to be submitted simultaneously with a divorce statement.

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  Woman necessary To pay the state fee for divorce, Despite the spouse.

• The court session is appointed about a month after the date of filing the plaintiff. The plaintiff must be attended at the meeting, answer the questions of the judge, argument from their desire to divorce. In the absence of additional circumstances, the decision on the divorce of the judge can accept at the same meeting. If such circumstances arose – the judge may decide – to give spouses time to reconciliation.
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  So that the spouse paid alimony, The plaintiff must be in court to provide a certificate of its income. If the wife during the years of marriage did not work, doing housekeeping, or if she is on maternity leave, does not work and cares for a small child, she may require the defendant to alimony and its content.

• If anyone from already former spouses I do not agree with the decision of the World, District Court, then for ten days after issuance of a divorce certificate, he may submit a claim to the cancellation of this decision, the consideration of the marriage.

For obtaining a marriage termination certificate (divorce) to each of the former spouses must be submitted to the registry office, which is located at the place of passport registration, or at the place of registration of this marriage, passport and court decision.

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