We all know that marriage is possible at any time to terminate, and at first it seems that it is quite easy to do.But when it really comes down to it, as soon as there is a lot of different questions: "How to apply for a divorce?" And "What to do if you suddenly affecting a child?»
all these questions we will answer in order.
Where to apply for a divorce?
It will all depend on the situation.
registrar to the registrar there is a sense to file your application, in the event that:
- marriage is terminated by agreement of the two spouses, who have no minor children;
- Union is terminated as a result of recognition of a spouse incapable;
- union between husband and wife is terminated as a result of the recognition of one of them missing;
- spouse sentenced (a) to imprisonment for more than 3 years.
In other cases, you just need to go to court.
This body will take your application to the case:
- wants to divorce one of the spouses, but a dispute between the children is absent;
- wishes to terminate the marriage one of the spouses, and with the dispute over the joint property is not more than 50 thousand rubles;
- spouse avoids divorce proceedings in the registry office, despite the fact that there are no reasons for the protest.
This body suit is served if:
- people, unmarried, still can not agree on the place of residence of minors children together;
- are unable to resolve the question of the value of child support;
- was not resolved the issue of joint property, the amount of which more than 50 thousand rubles.
How to apply for a divorce?
Under existing law the claim is sent to the place of permanent residence of the defendant.But while there are exceptions when an application can be submitted at the place of residence of the plaintiff.
husband is forbidden to sue for divorce unilaterally during his wife's pregnancy and after birth for 1 year.
How to apply for divorce: the claim form document
application shall contain:
- name or the name of the judge of the court;
- place of residence of the claimant and his name;
- place of residence of the defendant and his name;
- reasons for divorce, which are specified in the absence of mutual consent for divorce;
- circumstances and facts, which are based on the requirements put forward by the plaintiff and the evidence to support them;
- whether there are other requirements that a judicial authority may consider together with the divorce claim;
- when and by whom the marriage was registered;
- data about the impossibility of divorce through the civil registry offices;
- if there are minor children and their ages;
- whether the agreement reached between the spouses on the conditions of education and maintenance of children;
- other information of relevance for the divorce proceedings;
- list of the various documents attached to the claim.
How to apply for divorce: a list of the documents attached
The list of documents includes:
- testimony of an alliance - the original;
- copy of the application for divorce, which is sent to the defendant;
- child's birth certificate;
- receipt on payment of state duty;
- information about the sources of income of the two spouses;
- if there is a statement of the division of property, it is required inventory;
- applications, petitions and inquiries.
In this case, to the application, for example, will include: an application for the postponement of the payment of state fees or a request for taking the necessary measures to secure the claim.
According to family law during the dissolution of the union spouses may present to the judge the agreement on minor children, which states, with whom of the parents they will live in the future.If there is no agreement or as a result of the court determines that it is contrary to the interests of the child, then the judge must determine with whom the child will be after divorce.
In this article we have tried to answer all questions relating to the divorce proceedings.Now you know where to apply for a divorce, and that this requires.