How to file for divorce: the necessary documents for the divorce

By Admin | Family
14 April 2016

As you know, a divorce is a very difficult situation from a moral point of view - no matter how calm may seem ex-spouses, but both of them, one way or another will experience psychological stress.From the legal side of divorce procedure can also be quite difficult - especially if the couple managed to acquire common property, have children.

content of the article:

  • How is the procedure of divorce?
  • movable stages of the process
  • What documents need to gather?
  • What if the spouse is not in court?
  • How to sue, if the spouse is opposed to divorce?
  • final stage of the divorce

procedure divorce

When the family is such situation that divorce is inevitable, often the spouses do not know where to spouses or the plaintiff to submit application and documents to the marriageIt was terminated, what documents will be required for this process, how long the time is carried out divorce procedure .

First of all, it should be noted that if the spouses have come to such a decision by mutual agreem

ent, the couple do not have common minor children, marriage is dissolved after a written statement from the pair in the registry office , without trial .Likewise divorce if one spouse is convicted by the court, the sentence received more than 3 years, if one spouse missing persons or declared incapable. In all other points of the dissolution of marriage is performed by the judicial procedure (according to the Family Code, Article 18).

  • If divorce requires only one spouse , and a pair of jointly acquired property is not more than the sum of the cost of 100 thousand rubles, if one spouse comes to the registrar, without agreeing to the divorce, the marriage is dissolved by such magistrate(according to the Family Code, articles 21-23).
  • If a couple has minor children , or in cases where the couple's property at a cost of 100 thousand rubles, the divorce comes through the procedure before the District Court (in accordance with the Family Code, articles 21-23).All property or other disputes divorced spouses are only considered in the court (under the Family Code, Article 18).

itself formal marriage termination procedure begins with the filing of a joint application by spouses , or statements by one spouse.This declaration must be submitted to the Department of Civil Registry Office or Magistrate's Court, District Court, located at the place of passport registration (residence) of the defendant.However, in the Russian legislation there are special exceptions when an application for divorce may be filed at the place of registration of the passport, residence wife - plaintiff.

  • Divorce happens 1 month , counting from the filing date, a claim for divorce registry office.
  • If the wife is pregnant , or if a woman has a child under the age of 1 year, the court will not accept a divorce from her husband (according to the Family Code, Article 17).The wife can also sue her for divorce (divorce) at any time, without restriction.
  • Usually, hearings divorce proceedings are open .In some cases, when the court will be dealt with intimate aspects of the life of the spouses, the court session may be closed.

If disputes arose during the trial of former spouses of children or joint property, the legal divorce process can last from 4 to 6 months.

stages of divorce proceedings

  • gathering the necessary documents for the divorce proceedings.
  • directly supply the correct preparation of applications for divorce (dissolution of marriage), the necessary documents to the Registry Office or a court.
  • presence of the plaintiff at the hearing;notification of the defendant on each trial.
  • If the court determined the spouses month for conciliation, but then the couple did not attend the hearing, devoted to their divorce suit, the court is entitled to cancel the claim and recognize the couple reconciled data.

Documents necessary for divorce (dissolution of marriage)

statement to the registrar or the court .Statement by the spouses, or one spouse is served only in written form (on a special form).In the statement, the couple must confirm that they voluntarily agree to terminate the marriage, and that they do not have minor children (common).

In a statement, the lawsuit is served in the Registry Office , must be specified:

  • These passports of both spouses (name, date of birth, place of birth, residence, the actual place of residence, citizenship).
  • data of the registration of marriage the couple.
  • names that the couple let themselves after a divorce.
  • date of writing the application.
  • signatures of both spouses.

In the statement of claim that the plaintiff submitted to the court , must be specified:

  • These passports of both spouses (name, date of birth, place of birth, residence, the actual place of residence, citizenship).
  • data of the registration of marriage the couple.
  • reasons for divorce.
  • information claims (recovery from the spouse alimony for the child (ren), division of joint property, dispute the definition of the place of residence for further minor child (ren), etc..).

statement to the court served at the place of residence (registration) of the defendant.If the spouse is the defendant - not a citizen of the Russian Federation, or has no place of residence in Russia, place of residence is unknown, the statement of claim the plaintiff submitted to the court, located in a place of last residence of the defendant in Russia, or the place where the property of the defendant.By the request of the plaintiff, the suit for divorce attached passport spouses, copies of the document of marriage (marriage certificate of the spouses).

If an application for cancellation of the current marriage spouses served in Magistrate's Court, the District Court , then to it the following documents:

  • copy of the original writ of divorce (for the number of defendants, third parties).
  • bank receipt for payment of mandatory state fee for a divorce (the details are specified in the court).
  • If the plaintiff in the court for the acts Representative - must submit a power of attorney or a document that certifies his authority.
  • If the plaintiff puts forward any requirements to the application for divorce is necessary to exert all the necessary and important documents confirming the circumstances, as well as copies of these documents for all of the defendants, third parties.
  • documents certifying the performance of pre-trial settlement of the dispute.
  • plaintiff must prescribe the amount of money that intends to obtain from the defendant (required - a copy of the number of defendants in court).
  • document of marriage (or duplicate).When
  • common minor children, the couple - children's birth documents (certificates), or a copy of birth certificate (certificate), certified by a notary.
  • Extract from the housing department of the place of residence of the respondent spouse (of the "house of the book").In the process of the court in individual cases it is necessary as an extract from the housing department (of the "house of the book") of the complainant.
  • Certificate of income of the defendant (if the court considered a claim for child support).
  • If the defendant agrees to a divorce (for divorce), you must provide a written statement to that effect.
  • agreement spouses of children (if the claim is required).
  • marriage contract (if the claim is required).

list of documents to be submitted before the divorce process can be different - it depends on the request of the judge, his claims.Documents required to be approved judicial legislation, so it varies.The procedure for dissolution of marriage the court will begin only when the full set of required documents, a list of which the plaintiff can learn even before filing its application to the court before the divorce process.In some cases, the court may require additional documents - this is the plaintiff and the defendant notify the court.

What if the husband is not the defendant in the court?

If the spouse had failed to come to the appointment of the hearing divorce, the divorce plaintiff may also obtain , even if the spouses have minor children.

  • If the defendant can not, for their own reasons to attend the court session, dedicated to the process of divorce, he has the right to submit stead representative , by issuing a power of attorney with a notary.This is precisely the right to have a representative in the court of the plaintiff.
  • If the defendant has good reasons for which he can not appear on one of the court sessions on the process of divorce, it must submit an application to the court, while divorce proceedings will be postponed for a while.
  • If the defendant not specifically come to the court hearing on begun the process of divorce, the divorce will take place without his presence at this hearing in the divorce.
  • If the defendant had good reasons not to come to the hearing, he could not in time to report them to the court, but it was held in his absence, terminating the marriage, then later husband - the defendant may apply for the cancellation of the judgment . Post this statement spouse may for a week (seven days) from the date on which he was given a copy of a judgment of divorce is already perfect.The court's decision an accomplished divorce can also appeal against the order.
  • If the spouse had failed to come to the appointment of the hearing on the divorce, divorce proceedings in time may increase by another 1 month .

How to apply to the plaintiff in the divorce if the spouse is the respondent opposed divorce

often the procedure of divorce becomes very hard test for both former spouses , and their environment.Divorce is almost always accompanied by property disputes, or disputes about children.

  • If the defendant against divorce , it does not necessarily shy away from participating in the hearings because he can and at the meeting declare its opposition to divorce , asking him to determine the time for the reconciliation of the spouses.Ultimately, the decision rests with the judge - if he is convinced of the sincerity of the desire to come to terms, the further process may be delayed for another some time (maximum - 3 months).
  • If the plaintiff insists on divorce, arguing their unwillingness to put up with the defendant, this period may not be as great.Spouse - and the defendant can then re-submit an application to the court for reconciliation.
  • If the husband - the defendant against divorce , so he deliberately deliberately evades visit courtroom, the judge may issue a default judgment of divorce at the third meeting.

What woman do if her husband - the defendant against divorce?

First you need to create literate claim - in the case of using the best to consult a qualified attorney. Property disputes, disputes about children best addressed in a court divorce proceedings - these claims must be submitted simultaneously with the application for divorce.

  • woman necessary itself pay a state fee for divorce , without waiting for the spouse will pay.
  • court session was appointed about a month after the filing date of the application by the plaintiff .The plaintiff must be present at the meeting to answer questions the judge to argue his desire to divorce.In the absence of other circumstances, the divorce judge may accept at the same meeting.If such circumstances yet emerged - the judge can make a decision - to give spouses time for reconciliation.
  • spouse to pay alimony , the plaintiff need to submit to the court a certificate of his income.If the wife during the marriage was not working, doing housekeeping, or if she is on maternity leave, not working and caring for a small child, it may require the defendant alimony and its contents.
  • If anyone has of former spouses disagrees with the decision of the world, the district court , then within ten days after the issuance of the certificate of divorce, he may file a lawsuit against the abolition of this decision, considering divorcethe case again.

to obtain a certificate of divorce (divorce) to each of the former spouses is already necessary to submit to the registrar, who is at the place of registration of the passport, or the place of registration of the marriage certificate and the court's decision.

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