situation where the husband and wife can no longer live under the same roof, can be found all the time.In this case it is better not to torment each other, and learn how to file for divorce.By law, you can cancel the marriage in the registry office or court.In this article we will look at these two options, and find out what to do if a spouse (wife) does not agree to a divorce.
Termination through the bodies of the registry office
This procedure is quite simple: the couple should only submit an application to the registrar, and the marriage can be dissolved.However, it is worth remembering that this institution will examine the circumstances that led to the divorce, does not look at the evidence will not interrogate any witnesses.The duration of extrajudicial divorce case is about a month, sometimes a little more.
Features
At the same time apply to the registry office to get a divorce, it is possible in the presence of such circumstances:
- The couple have no minor children (and this includes adopted children).
- None of the spouses is opposed to the divorce, and they filed a joint application form.This paper can be fed into the registry office where the husband and wife were painted, or the place of residence of the couple or one of the spouses.
How to apply for a divorce if one spouse can not go to a registry office?
If the wife (husband) is seriously ill, is in a long business trip, serving in the army, he lives in a remote region, etc.and personally come to the registrar body is unable, then the couple can make two separate statements about divorce and submit them to the registry office (although the signature of the absent spouse must be certified by a notary).
Exceptions in divorce proceedings through the bodies of the registry office
If a family has minor children (meaning - joint), one of the spouses has the authority to apply to the Registry Office, if the other spouse:
- is in jail andconvicted of more than 3 years imprisonment;
- declared incompetent (exclusively by the court);
- untraceable (this fact also should be recognized by the courts).
order of divorce in the registry offices
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Applying spouses.
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After giving spouses a paper given 1 month, so to speak, to think.Just one month after the couple may divorce.
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If during this period the couple did not withdraw his statement, the institution employees generate an appropriate entry for divorce, and now former spouses provided a certificate of divorce.In addition, their passports entered a mark of divorce.If a wife or husband will want to regain pre-marital surname, they will have to change the passport.
divorce through the courts
filed for divorce to the court should be under these conditions:
- if the husband (wife) does not want to divorce;
- if one of the parties to agree to a divorce, but does not come in Registry Office (refusing, for example, submit an application for divorce);
- a family has children under the age of 14 years (taking into account only the cases are not taken, if one spouse is incapacitated, missing missing convicted of an offense for more than three years).
trial
trial procedure for termination of the marriage depends on each individual situation.There are important the following factors: whether the wife agrees to (husband) divorce, if there is a dispute over the general education of children, property disputes, etc.For example, if the couple have children together, but there is no dispute about their education, it is possible to sue a magistrate.If there is disagreement over the communication and education of children, the application for divorce is served in the court of general jurisdiction.
action for divorce
Now, let's see, how to file for divorce, and where to go:
- a claim it is possible to lodge in the village, home to the defendant, or the location of its assets (if the exact placeresidence of the defendant is not established);
- the place where the plaintiff lives (this can be done only by agreement of the husband and wife, if the state of the plaintiff does not allow him to arrive at the place of residence of the defendant, or live with them minors).We make the claim
suit need be concisely and correctly.The reason for the divorce, you can specify the following: as a result of certain differences (specify) between you and your husband (wife) marriage ended, a common household, you are not driving, and life together has become impossible.You can specify other reasons.In addition, together with the need to file a suit for divorce:
- marriage certificate;
- information on income husband and wife;
- birth certificates of children;
- a statement from the defendant's consent to a divorce (the document does not necessarily apply, but if it does not, the defendant must be present at court hearings);
- receipt of payment of state fees.
procedure for judicial divorce
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The Court need to apply for a divorce.However, the claim to terminate the marriage usually also submitted a request to the division of property, alimony receipt, determining the order of communication with children.At the same time the above actions may be considered in the framework of the new case.
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Court will begin no earlier than one month after filing the lawsuit.
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If the spouses divorce by mutual consent, it may do so, in principle, and in one hearing.If the parties are claims on some occasion, the case drags on.The court may even appoint a time for reconciliation couples - from 1 to 3 months.If the defendant does not come to the meeting, then after the third of his failure to appear without good reason, the court has the authority to hear the case without him.
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If both parties fail to appear at the meeting, the court will stop the divorce proceedings, and the case will close.
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judgment of divorce shall enter into force within 10 days, if the wife or husband will not submit an appeal.
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After the judge's decision comes into force, within 3 days passed an extract from the registrar of the court to the bodies, which already produced and further registration of divorce.
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final stage - the former spouses to obtain a certificate of divorce (it is issued in two copies).
summarize
We have you figured out how to file for divorce in court and pre-trial order.Generally, dissolution of marriage itself does not cause much difficulty, the situation is much more complicated when you start to divide property or collect child support.
