cessation of marital relations by reason of separation happening today almost one in five couples.As you know, the divorce today can be issued in two instances: in court and registry office.If husband and wife are willing to spend a divorce and do not have claims against each other, they do not have property disputes and disagreements over children, divorce as quickly as possible and with a minimum of red tape through the organs can be the registrar.In this article we look at the base, which give the right to file for divorce, the divorce documents through the registry office, as well as other nuances and peculiarities.
grounds for divorce through the registrar
should be noted that one desires to terminate their marriage through the bodies of the registry office is not enough.To contact the institution, you must have three bases:
- general solution of the spouses stop marriage.That is, if someone one of them will be against divorce, then apply to the registrar does not succeed.We'll have to get divorced only through the court, which will, of course, a little harder.
- If divorced have children under 14 years, you can only get a divorce through the courts.Therefore, divorce registry office is only possible if the couple has no children.
- Each of the five minutes to the former spouses must be present in person at the divorce proceedings.Therefore, if a person can not personally take part in the divorce, you have to, once again, to go to court, because litigation may well involve representatives and the spouse (wife) there may never even appear.
Exceptional cases
If one spouse is convicted of more than three years for a crime, he was found incompetent or he is considered missing, then as an exception, the other spouse can apply for divorce throughRegistry Office on its own initiative.
procedure for dissolution of marriage
statement of intention to divorce is served in the registry office, home spouse (or one of them).Post the document can either both spouses together or one of them.To simplify the divorce process, there are certain conditions.If a husband and wife agreed that they would get a divorce, they submit an application together.In such a case, the procedure is quite simple.If one spouse lives in another region and can not, for objective reasons, to appear in the registry office (illness, business trip), it has the authority to apply to the Department of Civil Registry Office, where it is located.There he applies for a divorce, which is first necessary to notarize.Following the filing of such a document he sent to the registry office, where he is considered divorce.
Documentation required
If the spouses have taken a mutual decision to leave and submit a joint petition for divorce, what documents are presented for divorce yet?It:
- passport of each spouse (you can copy);
- marriage certificate;
- receipt for payment of registration fee.
When the appeal to the registrar can not?
To be able to carry out a divorce under the simplified scheme, the couple should not have children together.If you have adopted children, the process of divorce proceedings by the registrar will also be impossible.If there are no children, the employees of this institution recorded a divorce and give former spouses is already evidence of this.In issuing this document, one of the former spouses must be present.
application for divorce: sample
in different registrar to the application for divorce may be applied some rules, but in general, the statement indicated such data both suprgugov:
- name;
- date of birth;
- place where they were born and the wife and the husband;
- citizenship;
- place of residence;
- nationality (you can fill out this graph optional);
- passport information.
Other data
In addition to these data, the details of the designated certificate record about marriage.This is followed by a request to present the beginning of the divorce process.In addition, the couple must specify which name will be in each of them (you can stay on that which was after the marriage or return the ones they had before the wedding).It is desirable that the text of the statement was placed on one page (A4), as well as spouses necessarily need it to put their autographs.Generally, the form of the registrar through a divorce can be obtained in each division of the court.The reason why you have decided to divorce, to indicate in the statement is not necessary.
Nuances in exceptional cases
If you are divorcing incapacitated person, then you should also specify the location of his guardian.If the husband (wife) is in prison, the authorities have to inform the registrar of the place of establishment where he is serving his sentence.In this case, the registrar shall notify this address other spouse for divorce.
pay state duty when applying spouses have to pay legal costs.If you come to a mutual agreement to divorce, the joint statement at the divorce through the registry office stamp duty is withdrawn at a rate of 400 rubles (with the same amount paid by each of the spouses).If the divorce is going to one of the spouses (which is possible only in some cases, of them we mentioned above), the stamp duty will be 200 rubles.
Terms divorce
Divorce - quite a serious step.Often young couples so decide on a hot head, under the surge of negative emotions.In this regard, the legislation has set the terms for a divorce through the civil registry offices.After you have filed papers for divorce through the registry office at the disposal of the spouses given a month to think about such an important decision.As practice shows, some still take a divorce for one month.If you can not be reconciled, in the absence of any contentious issues between the spouses of their breed and produce relevant evidence.At the same time, be aware that if you arrange through a divorce registry office, stamp duty will be paid in any case.It also happens that during this time will emerge some differences that should be solved only in court.In this case, the date of the divorce will move up to the court's decision.At the same time it is the Family Code assumes that the first wife can get a divorce, and then divide the property through the court.Moreover, to make a claim on the division of all "acquired good" the former husband and wife can for three years after the divorce proceedings.
certificate of divorce
Of course, after all the necessary documents for divorce filed by the registrar and passed a month, the couple should divorce.As a result, they receive a certificate of divorce.It should be noted that this is a very important document, which is required in the commission of certain legal proceedings.It is, for example, be required when:
- a new marriage;
- change of name;
- design allowances for children;
- registration of real estate, and so on. D.
summarize
As we found out through a divorce registry office - is a simple procedure in comparison with the divorce through the courts.However, some rules still have to comply with.After reviewing how to write an application for divorce, a model of which must meet the strictly defined rules of legislation (with the exception of nuances), you can easily cope with such a procedure.But better, of course, that you never had to write such a statement.Therefore, we wish you only love, peace and harmony with your other half!
