In accordance with the articles of the Family Code, divorce can be made by the registrar or the court, and, therefore, the documents will be different.Divorce papers to the registrar of the court and a little bit different.What exactly do you need to provide - you can check with the lawyers or look at special stands in the registry office or the courthouse.
dissolve the marriage by the registrar may be in cases if:
- no common minor children;
- wife voluntarily agree to dissolve the marriage.
procedure is quite simple: the couple together come to the registrar and served divorce papers:
- joint application;
- original certificate of marriage registration;
- certified extract from the house register, issued wife, filed a lawsuit;
- original receipt of payment of fees.
written joint statement "Divorce" standard pattern supplied by place of residence of the spouses (both or one of them) or at the place of registration of marriage.
If you are writing a joint statement by one of the spouses is unable to attend for good reasons (business trip, illness, living in remote areas), it is possible to feed individual statements provided by the notary certification of the signature.
As a rule, civil registry offices do not ask about the reasons for the divorce, about the problem of preservation of the family, do not give time to think and act on a possible reconciliation.But the indirect effects of the registrar to the receiving spouse solution surely is: the official dissolution of the marriage and certification will take place only after 30 days, so the couple can take to reconcile the application within this period.
This divorce does not require an additional visit to the registrar requires a little time and financial costs.
If within 30 days of a divorce the spouses are not withdrawn, they are at the end of this period come to the registrar for a certificate of divorce.The passport is stamped on divorce, and the registrar in the registration book is recorded.In the case of a divorce action in the registry office of the spouses through a representative is not allowed.
divorce through the courts.What documents are required for divorce
Divorce in court is done when:
- the spouses have minor children;
- one of them does not agree to a divorce;
- one of the spouses avoids the divorce through a registrar.
One of the spouses may apply for divorce:
- claim application form, in which the reason for the divorce;
- copy of the application to the defendant;
- a copy of the birth certificate of the child or children;
- original certificate of marriage registration;
- certified extract from the house register, issued wife, filed a lawsuit;
- original receipt for payment of fees;
- if the application is submitted by a spouse, but the family has a baby up to 1.5 years, then you need written consent to a divorce from his wife;
- application (for example, on the installment payment of the state duty, etc.).
There are special cases where the question of how to apply for a divorce, better pre-addressed with an attorney.
judge receives a claim to the production, followed by a stage of preparation for trial: parties explaining the rights, seek the views of the respondent on the divorce, the parties explored the evidence.
at all stages of the proceedings the judge seeks to reconcile the spouses and to preserve the disintegrating family, especially if the couple has minor children.The judge may adjourn the proceedings for the purpose of reconciling the couple on his own initiative or at the request of one of the parties.The law provides for up to three months.If the couple were reconciled, the proceedings terminated.Otherwise, the spouses are bred after 30 days.When the decision comes into force, the couple can get an extract from the decision.
