zBrakorazvodny process - a procedure for termination of the official union couples.They produce it in the registry office and in court.Where will the divorce depends on many factors (eg, presence of common children).
Dissolution of marriage in the registry office
for breeding pairs in the bodies of civil status requires several conditions:
- mutual consent - it is expressed in the joint submission of a written application of spouses, which indicates a desire to dissolve the marriage;
- no common children under the age of majority;
- no complaints about the division of property.
In some situations, the divorce process can be executed even in the registry office at the request of one spouse, regardless of whether there are common children or not.These cases include:
- condemnation husband for more than three years;
- recognition of one of the parents reported missing;
- recognition of one of the spouses is incapacitated.
Divorce in court.First Steps
If, during a divorce there is any debate, then this procedure is no longer engaged in the registry office.The division of property, deciding with whom the children will live, and the recovery of maintenance - all in the competence of the court.
to the commencement of the divorce proceedings, a spouse who wants a divorce, you must submit an application to the court for the place of residence or the residence of the defendant.In exceptional cases (for example, poor health), this procedure can be carried out at the place of residence of the plaintiff.
data that you must specify in the statement when the divorce proceedings through court:
- time and place of registration of the family unit;
- reasons for divorce;
- whether there are a couple common children, and if so, their age;
- requirements by the plaintiff to the defendant;
- information on whether spouses agree on further education and maintenance of children (with whom they will live, and so on. D.).
Documents necessary for divorce
addition to the application, the court must submit a package of the following securities:
- marriage certificate of the spouses;
- birth certificate of the minor children;
- documents or other papers, which announced the plaintiff's claim, for example, the division of joint property;
- at the unwillingness or inability of personal involvement in the divorce proceedings is required power of attorney for the person concerned;
- extract from the personal account or house register;
- receipt for payment of registration fee.
All documents and a statement about the desire to dissolve the marriage must be submitted in two copies, or copies of them.The first copy remains in the court, the second is sent to the address of residence to the defendant.The date when the divorce proceedings will be conducted, both spouses are notified agenda.
In some cases, for example, during his wife's pregnancy and a year after the baby's birth, filing a lawsuit in court and the court prohibited the husband is not considered.
Procedure divorce
Divorce through the courts, or more precisely, its sequence determined by the Family Code of the Russian Federation.The hearing usually takes place through public meetings.But in some cases they may be held in a closed form.
Consideration of the application may be postponed for a certain period, which many call time reconciliation of the spouses.Its duration is determined in each case individually, but generally it is not more than 3 months.Spouses can apply, which will notify the court of their desire to reduce the period of reconciliation.It is necessary to indicate a good reason.
Divorce proceedings in the court terminated if after a time the couple did not attend the next meeting.Also canceled an official break when they reconciled and submitted an application.
divorce proceedings: the division of property
If upon termination of a family union spouses can not agree on their own, who remains a particular property, the issue before the Court.But keep in mind that not all acquired during marriage will be a joint.For example, the property is considered to be personal when:
- it was acquired by one spouse before the official registration of relations;
- it is a personal thing (exception - luxury items and jewelry);
- it gave or left as a legacy.
be considered personal property and when it was acquired during the marriage official, the past few years that the husband and wife have lived separately.In this case, it is for the spouse, acquired it.
But to the joint property, which according to the laws of the Russian Federation in a divorce exposed section between the spouses in equal shares are:
- any income of husband and wife;
- property that was acquired for general funds: this can be attributed housing, automobiles, securities, etc. Etc .;
- payments States without purpose (compensation for damage to health, financial assistance);
- any other property acquired during the marriage.
If necessary, resolve the matter by the court on the application for a divorce you need to make a list of everything that the couple can not divide peacefully.Together with these papers is to prepare the documents, proving the value of these things, you must determine in advance the independent expert.
As mentioned above, the Russian legislation provides for equal division of property between spouses.But in some circumstances (such as imprisonment), the proportion of one spouse may increase or decrease.
If unable to division of property without violating the integrity of the (car, refrigerator, etc.), the decision to transfer him to one of the spouses as a whole.At the same time the other half will be given the so-called compensation either in cash or in the form of other things to be shared.
If the spouses have different debt (such as a car loan or other household items) and the absence of an independent decision on their payment, the court shall appoint the size of payments to each of them.
Divorce in the presence of children
If the couple wanting a divorce, there is a minor child (or more), and there is no agreement about who he will live in the future, the deal on this issue will have to court.This occurs, for example, in cases where both parents are willing to raise children.If the spouses agree on their own order of communication with the child and his place of residence, the court in these matters does not interfere.
worth noting that such claims can be submitted not only at the time, while there is a divorce (in Russia), but also after it.
parent who after a divorce will not live with the child, if desired, the second spouse to pay alimony.If between mom and dad baby was not concluded an agreement on their pay, the court sets the value.Usually, it is calculated from the amount of wages alimony.For example, if a child receive the fourth official yield, two - third of the three or more - 50%.
How long the divorce process?
procedure for termination of official relations - it is pretty quick process, but only when the spouses do not have each other no complaints.When mutual agreement about the divorce court to fulfill its obligations for 1-2 months.If the spouses have property or other disagreement or one party does not wish to termination, the divorce process can last more than 3 months.
date
officially divorce the spouses are considered free from each other since the divorce records of the registry office (if it was carried out there) or a positive decision of the court.While the latter is still the official time of the break in relations should be registered at the registry of civil status.Formally, while there is a divorce, and there was no official certificate of dissolution of the union, none of the parties can not register a new relationship.
Who can help with the divorce?
Divorce - this is a very difficult and painstaking job.Especially when it comes to misunderstandings between the spouses.It should be guided not only by their emotions, but also a whole set of laws intended to regulate marital relations.I do not know people very hard to figure it out.Therefore, either spouse may seek the advice of experts.For example, these cases involved divorce lawyer or a lawyer specializing in family matters.
