Many dream of a loved one, which subsequently will create a family and zavedut children.Dreams come true, but, unfortunately, often life gives us not only positive emotions.Divorce Wife - it is always unpleasant.Even so, you need to know some rules.Dissolution of marriage in the registry office has a certain order.
For a start it is worth noting that there are two cases.
- termination of marriage, which occurs when one or both spouses have died.
- Dissolution of marriage in the registry office.It is carried out after the application of one or both spouses, and its consideration by the relevant bodies.
In this article we will look at issues relating to the second case.
Dissolution of marriage in the registry office can be for several reasons.In the days of the Russian Empire, for example, the main one called "proven adultery."In addition, there are to be some other obstacles that prevent normal family relations.For example, premarital illness of a spouse, or his incapacity.In the second case, the marriage (according to the Family Code) is officially recognized as invalid.The absence for a long time (officially - missing in action) one of the spouses also entitles a husband or wife to file for divorce.In that case, if the cause of the divorce desired - too personal, or a couple simply does not want to call it, the law does not prevent this, but only if:
- and one and the other spouse agrees to dissolve the marriage;
- the family has no minor children.
procedure for dissolution of marriage in the registry office
First of all, you need to apply.Who can do that?Both spouses.Both together and separately.In that case, if the husband or wife is incapacitated, the guardian must submit an application.More of such a right no one else.
Under Russian law, the husband is not entitled to file for divorce when his wife bears a child.You can not do it, and within a year from the date of delivery.This is true even in those cases, if a miscarriage.
After applying spouses given some time (one month) on the possibility of reconciliation and finding a compromise.In the case if the couple has not changed its decision, there is a dissolution of marriage in the registry office.
If you have any question about the division of property (of course, acquired jointly) is carried out in a divorce court.If you have a marriage contract based on its provisions.However, if it is not, the Family Code provides for the division of property in half.This applies to those things and properties that have been acquired in the course of their life together.Gifts made by one of the spouses, and inheritance in the list of items are not included.Not included in it, and what a person owned before marriage.
Who are the children?As a rule, the mother, however, very often this question is becoming a major stumbling block.Maybe so, that the father has the best living conditions for more tangible assets that can provide children a decent life.In this and similar cases, the court decides it is in favor of the father.At the same time, of course, take into account the views of children.
Basically, it's the main points you need to know during the divorce proceedings.
