Divorce can be realized in two ways: through the registry office and the courts.In the first case, you must provide the consent of the two spouses (mandatory).Divorce through the registrar is also possible in cases where the spouse is presumed dead or missing, legally incapable, if serving a sentence of imprisonment of more than 3 years.The right to file an application for divorce is also the guardian of an incapacitated.
Divorce through the registry office and the court is not made without the consent of the spouses, in the case of pregnancy and for a year after childbirth.
Divorce produced in court if there are minor children, because the state protects their interests or a dispute over property and other circumstances.
How to Apply to the registrar
Handle necessary to the registrar at the place of residence or the place where the marriage was registered.Mutual consent divorce is reflected in the joint statement.It shall be in writing, it must indicate the date of preparation.If one of the spouses to be the drafting of this document may possibly writing individual statements.At the same time, to be documented through a divorce registry office, his statement he must notarize.
When you receive a statement from a person whose husband is sentenced to imprisonment, incompetent or missing, the registrar within three days shall notify the other party or its trustee (guardian), and announce the time and place of state registration of terminationmarriage.Incapacity or convicted spouse are obliged to provide information about the names that they choose after the divorce.
As a divorce through the registrar?Documents required:
- marriage certificate;
- statement on its dissolution;
- receipt (stamp duty);
- copy of the court decision on the recognition of the deceased, missing;
- copy of the sentence of imprisonment.
Divorce through the registry office and its state registration is carried out after a month from the date of submission of the application.In this must be present at least one partner.Otherwise, the application will be canceled.Marriage is considered terminated after the relevant entry in the book of acts of civil status.All spouses after divorce provided a certificate of divorce.Up to this point to enter into a new marriage, they are not eligible.Certificate wife can get a divorce in the day and later.
Joint Statement may be revoked in writing by one of the spouses.The registrar shall notify in writing the other party thereof.
If a person declared officially dead or missing, announced on the basis of a common application of the spouses, marriage can be restored.
Divorce through the registry office - a simpler procedure than through the courts.If you need to quickly and without further delay the divorce, it is best to file a mutual statement.Judicial review can be very delayed.In addition, the court may appoint a time for reconciliation.