Instruction
The dissolution of marriage in the registry offices is possible with the consent of both spouses and if they do not have common minor children. The registry office will give a claim form (form No. 8), which is served by both spouses.
The statement indicates:
1. Full name of spouses, their passport details, citizenship, place of birth and residence, nationality;
2. The date and number of the record of marriage registration act and what provision it was registered;
3. The text of the application containing spouses about the dissolution of marriage and indicate the names that spouses will leave themselves after the divorce;
4. Date and signatures of spouses.
A statement about divorce is attached to the passports of spouses, a marriage certificate and a receipt of the payment of state duty.
Marriage termination takes place a month after applying. During this time, any of the spouses can pick up a statement.
You can also divorce in the registry office also at the request of one spouse, even if there are common minor children, if another spouse is recognized as a court of incapable missing, or sentenced to imprisonment for more than 3 years. In this case, the application for divorce is filled in form No. 9. The statement is attached, in addition to the above documents, an extract from the court order to recognize the spouse is incapable or missing, or court.
The World Court considers the case on the divorce on the application of one of the spouses if:
1. One of the spouses evades the dissolution of marriage in the registry offices;
2. There are no disputes on the further living and raising children;
3. There are no disputes on the division of property, it is married and paid alimony.
If the cost of controversial property does not exceed 50 thousand rubles, the case is also considered by the global judge.
The claim contains:
1. Name of the court or FIO of the World Judge;
2. Full name and place of residence of the plaintiff and the defendant
3. Date and place of marriage;
4. Information about the consent of the defendant for divorce;
5. Information about general minor children and their place of residence after divorce;
6. Request for divorce, indicating the reasons, recovery of alimony and the division of property.
Annex to the claim:
1. A certificate of marriage;
2. Certificates of the birth of common minor children;
3. Help on the income of spouses;
4. Inventory of shared property;
5. A copy of the claim and receipt of the payment of state duty.
The global judge of the divorce case is considered within 1 month.
The district or city court is considering a statement if the spouses have failed to reach agreement on the residence of common minor children, about the payment of alimony and the division of joint property, the cost of which exceeds 50 thousand rubles. The statement of claim is made in the same way as for the World Court.
The term of consideration of the divorce case in the district court of no more than 2 months. From the moment of filing the claim, however, in some cases, this period can be extended to 3 months.
note
By law, the husband cannot terminate the marriage with a pregnant wife, as well as within 12 months. After the birth of the child.
Helpful advice
The statement to the registry office can be submitted via the Internet on the website of "State Service".
Sources:
- Family Code of the Russian Federation in 2019
Divorces are the Beach of Modern Russian Society. Husbands and wives terminate their marriage, losing the value of the family. Children most often suffer. Yes, and if there is a child, it is already more difficult.
Arriving after divorce disputes about raising children are also considered in court. The priority in the court decision is the interests and rights of a minor child. Parent that prevents the execution of a court decision can be punished in accordance with existing legislation.
Video on the topic
In the crisis period of family life, the decision of one of the spouses about the dissolution of the marriage can be the most important step. Make this step and exit the divorce process without significant losses - the main task. And under the losses should not understand the material aspect of the issue exclusively. A severe moral state of a disgraced person is not a secret at all. Especially when the second side in every way prevents a safe resolution of the situation. The divorce on the initiative of one spouse means a difficult struggle, and it must be carefully prepared.
Instruction
If you can not afford to ask for help with lawyers, make a claim in court yourself. Briefly describe the family situation, as a result of which you ask the court to terminate your marriage. To confirm your statements, indicate third parties as witnesses. The statement of claim is written in two copies and taking into account the requirements of 131, 132 articles of the Code of Civil Procedure of Russia.
Pay for a duty in the amount of 200 p. According to the details of your district court. Collect all necessary to submit a lawsuit. You will need: a paid receipt for state duty, a certificate of conclusion, a certificate of place, a certificate of birth of children. Make copies of all documents.
Provide a claim with the collected package of documents in the office of the World Court of Your Area. Within one month, the first hearing was scheduled for a marriage. Previously, the date of the meeting will be reported to you.
During the hearings, provide the judge justification of your position. The court, as a rule, appoints a three-month-term spouse. After the expiration of this, if at least one of the spouses will insist, the decision to dissolve the marriage will be made. If the second side refuses to be at meetings, the court at the third meeting will decide without its participation.
The decision to dissolve the marriage will take effect on the expiration of 10 days after his announcement in court. Take a decision from the court office. Give it to the registry office, where you will be issued and issued a certificate of divorce. Your marriage is terminated.
Video on the topic
Divorce - the favorable procedure, rather troublesome, and sometimes very long: disputes about children and jointly accommodated property can delay for years. Nevertheless, the spouses may well be divorced in a short time.
You will need
- - the statement of claim in 2 copies;
- - marriage certificate;
- - Certificates of birth (adoption) of children;
- - certificates from the place of residence of the plaintiff and the defendant;
- - certificates about the income of the plaintiff and the defendant;
- - notarized consent of the defendant for divorce;
- - agreements on the upbringing and maintenance of children, payment of alimony, division of property;
Instruction
Note that if the second parent is greater than you are material wealth, it is not at all the reason for determining the place of residence of the child.
To the claim must be attached:
- Marriage certificate;
- a copy of the child's birth certificate;
- receipt of the payment of state duty. The size of the state duty is 400 rubles, and if you declare the requirement for the division of property, then the feasibility of payment of duty, established by Art. 333.19-333.20 of the Tax Code of the Russian Federation;
- a copy of the claim for the defendant;
- Other documents confirming your arguments.
note
The court will refuse divorced if the spouse is pregnant or in the family there is a child who has not reached the age of 1 year, and at the same time the wife does not give his consent to divorce.
Helpful advice
The divorce can be produced in the registry office, even with children, but if the spouse is recognized by the court incapacitated or missingly absent, and, in the event that he is sentenced to imprisonment for more than 3 years.
Sources:
- how to divide my husband if I'm pregnant
St. Petersburg is a city of great opportunities. People fall in love, marry and sometimes, not withsting life difficulties, are bred. Where to apply for divorce if you live in the northern capital of the country?
Instruction
The termination of Barka in Russia is engaged in two organs: the registry office (department of record acts of civil status) and the court. To submit to divorce into the registry office without trial, you need to perform a number of conditions.
First, both spouses should have statements about state registration of marriage and agree to its termination. Secondly, the family should not have minor children (including adopted). You can terminate the marriage in St. Petersburg either at the place of residence of one of the spouses, or at the place of registration of the marriage itself.
Distribute the marriage of the pair that registered it in the Palace of Marriage No. 1 (English Embankment, d. 28), can be in the registry office of the Admiralty District. This unit is located in St. Petersburg at: 1st Krasnoarmeyskaya, D 6, near the "Technological Institute".
If your marriage was recorded in the Palace of Marriage No. 2 and No. 3, contact the Marriage Registration Department of the Central District. It can be found at: Suvorovsky Ave., d. 41.
The termination of marriages between spouses, one of which (either both) is a citizen of another country, is engaged in St. Petersburg Division of the Petrograd district. Address of this institution: ul. Large coin, d. 17.
The Internet portal of "State and Municipal Services of St. Petersburg" is operating around the city (GU.SPB.RU). On this site you can make an appointment with the registry office to personally submit the necessary documents for divorce, as well as make an application and pay the state duty in mode.
note
In order to take advantage of these services, you must first get a login and password in the "Multifunctional Center for the Provision of State and Municipal Services of St. Petersburg". These institutions are located in almost every residential area.
Helpful advice
In case of disagreements, the dissolution of the marriage should go to court at the place of residence. Make a statement of claim, collect and attach the necessary documents to it, pay for state duty.
Sources:
- Committee on Civil Activation Affairs
Often we will learn from news about in star families, often accompanied by huge spill up and problems with children, which can not decide with whom from parents to stay. Every one is clear that the divorce situation is very difficult. Whatever the felt feelings were not at that time, it is very difficult to change the usual course of things. The legal side of the marriage process can be complicated by jointly acquired property and the presence of minor children.
So, the spouses understand that the divorce is inevitable. It would seem that marriage can be terminated easily and simply. In fact, often in yesterday's lovers there are a lot of questions that we will answer.
Where to apply for divorce
For example, spouses do not have common juvenile children and mutually agree to divorce. Or one of the spouses is recognized as incapable or missing, then (in accordance with Art. 19 of the Family Code of the Russian Federation) a statement is best incurred to the authorities of civil status acts (registry office).
The dissolution of marriage in (registry office) is made with the mutual consent of spouses on the termination and the absence of common minor children. For this will have to pay a state duty in the amount of 400 rubles from each.
There must also go in case one of the spouses sentenced to imprisonment for more than 3 years. In this case, as well as if, if one of the spouses is recognized by the court is missing or incapacitated or convicted of committing a crime to imprisonment for a period of over three years, the state duty is charged in the amount of 200 rubles.
In other cases, it is necessary to contact the court. At the same time, the courts, as you know, are different.
Magistrate's Court
It is necessary to come here when the warning initiative belongs only to one of the spouses. It is necessary that there are no controversial issues relating to minor children between them. This can also be treated if one of the spouses can not come to the registry office or does not want it, avoiding under various favorable pretexts.
If the cost of jointly proven property is not higher than 50 thousand, the world court is also required to consider a divorce application.
District Court
If the spouses still failed to agree on where, after the divorce, general children who did not reach majority would have to go to the District Court. There are also cases when there is no consensus about the magnitude of the alimony subject to pay.
If the amount of common property is above 50 thousand rubles and the spouses do not have a general opinion, how to divide it among themselves, cases are also considered in the district court.
Few know that in the case of pregnancy, the spouses, as well as during the next after the birth of the year, unilaterally, the husband cannot apply for divorce.
In accordance with the law, the application for divorce is filed at the place of residence of the defendant. The lawsuit to the defendant, the place of residence of which is unknown or who does not have a residence in the territory of the Russian Federation, is presented to the court where his property is located, or in its last known place in Russia. Also, at the place of residence, a lawsuit is filed if a minor living with the plaintiff, or if, by the state of health, the exploitation of the plaintiff to the place of residence of the respondent seems to be difficult or impossible.
The form of a claim for the divorce of a marriage must necessarily contain the following:
Name of the district court or FULL NAME of the Judge;
- FULL NAME. Spouse-plaintiff and his place of residence;
- FULL NAME. Spouse-defendant and his place of residence;
- the reasons for the dissolution of marriage (in case the termination initiative is not mutual);
- Facts and circumstances, as well as confirming their facts that rely in their requirements demand spouse;
- the presence of other requirements that the Court may consider at one time with a broken reason;
- data that divorce via the registry office is impossible;
- Who and when marriage was registered;
- whether there are common juvenile children, their age;
- other information, according to spouses, meaningful for this marriage process;
- List of documents attached to a divorce application.
The list of documents attached to the claim includes:
A copy of the marriage divorce statement sent to the respondent;
- Original marriage certificate;
- copies of the birth certificates of common children;
- Receipt about the payment of state duty.
The size of the state duty when applying for a claim on the division of marital property depends on the price of the claim and is determined in accordance with Article 333.19. Tax Code of the Russian Federation.
Sometimes the situation is complicated by the fact that one of the spouses do not agree to the divorce, in connection with which the process is tightened in every way.
It is very difficult to divorce those who have controversial issues regarding the place of further residence of children or the division of property.
If the spouses live in different cities and, moreover, in countries, as well as if the location of one of the spouses is unknown.
These are the cases when the divorce is better to engage in professional lawyers.
If both spouses have nothing against divorce, the divorce procedure is greatly simplified and can take no more than 20 minutes.
According to modern Russian legislation, divorce registration is possible in two ways - or through the registry office, or through court. The duration of the procedure, its complexity, as well as the package of necessary documents depends on the termination format. So what are the rules for design and what paper needs for divorce?
Instruction
In the registry office, divorce is drawn up in the case of consent to these of both spouses, which together must come to terminate marriage. However, Article No. 33 of the Law "On Acts of Civil Status" admits a notarial penalty of the relevant authority, if, for example, one of the spouses is in a long business trip, in the army or seriously sick. The registrar of the registry office for this requires the presentation of Russian passports and signing the appropriate statement on which the applicants also explore.
The same article provides for another aspect, according to which a person who wants to divorce a person can do it alone if he has a certificate that the spouse is incapacitated (confirmation of the court decision on this) is considered to be missing (the relevant Resolution), serving deprivation period for more than 3 years (a copy of the court sentence is needed).
The termination of marriage through the court takes place for several reasons. For example, one of the spouses may not agree with the divorce or two people have some property issues that can be deprived only through the appeal to the court.
So, when applying for divorce on divorce should be provided - a corresponding claim; receipt of payment of duty; a copy of the claim that will be awarded to the second spouse; Original certificate of previously concluded marriage; paper confirming the place of constant registration of both spouses; Copies of birth certificates of minor children, if there are such; Documents confirming the reasonableness of the claim (evidence of married infidelity, certificates of dismissed and others).
Unfortunately, it happens that some marriages disintegrate. In this case, the spouses have many questions associated with the broken-separated process. Most of them concern documents. If the family existed not long and children did not have time to appear, then the procedure will be quite simple. Otherwise, preparing for the divorce will be slightly complicated.
Instruction
How to divorce, if there are no children.
In this case, everything is quite simple. You and your spouse will need the following documents: a passport, a receipt for the payment of state duty, marriage certificate, as well as a statement about the dissolution of marriage (it is filled and served in the registry office at the place of your registration). If the desire to divorce mutual and you do not have any complaints about the property section, then a month you can get a divorce. If one of the spouses against the dissolution of the marriage or arose disputes relating to the section of the Nizhitsa Doba, then such questions will already be solved through the court. In this case, the process becomes complicated and delayed.
How to divorce if there are children.
If at the time of making a decision on divorce you and your spouse have minors children, then you cannot avoid the trial. The initiator of the termination of the marriage must apply to the court at the place of residence of the second spouse, pay the state duty and collect all the necessary package of documents. And he is rather big. You will need: original marriage certificate, certified copies of the child's birth certificate (or several children) or originals, receipt of payment of duty, a copy of the passport of the divorce initiator and a statement about the dissolution of marriage.
Property division.
If the initiator of the divorce claims part of a joint property, it will be necessary to prepare additional documents. They must confirm the presence of this property, and its value should be indicated in them. If the section concerns the apartment, then these are some specific guidelines. And if you decide to share large household techniques, checks on their acquisition and passport of products will be required. And to your application you need to make a complete list of property to which you apply.
Important moments.
If you decide to divide the property, then be sure to attach to all documents also a copy of your claim. Her court will send the second spouse. It is worth considering that in this case the size of the state fee will be higher (it will depend on the value of the property to claim to be claimed).
If the decision to submit to divorce is adopted by spouses unanimously, you should contact the registry office. There will be issued a form for filling. With you, you need to have a passport, a certificate of marriage, TIN
There are cases when marriage dissolves only one of the spouses. In this case, the spouse (spouse) turns to the world court. After submitting an application for divorce, the second spouse (spouse) will come a written notice of the upcoming marriage process with the number of court sessions. Documents for submitting an application unilaterally:
- passport;
- certificate of marriage;
- receipt of payment of state duty;
- documents requested by the court.
If there are children in the family, you need to try to achieve complete consent between spouses about the accommodation of children and their upbringing. It happens that the consent is not achieved and then this issue will also be considered by the World Court. First of all, the court will consider the interests of the child (children). Most often, the decision to educate children is made in favor of the mother. But there are cases when the court decides to leave a child with his father. For such a solution, there must be serious reasons:
- alcoholism;
- disease;
- drugs.
If the second spouse (spouse) does not come to the court session without a valid reason, the Court can end the bracket-produced process in favor of the plaintiff. The respondent will be sent a written notice with a copy of the decision taken.
A possible dispute with a divorce may be the question of the division of property. If the amount is less than 50 thousand rubles, then the decision makes the world court. When the amount is more, the application must be written to the district court. In the world court, a month is given to consider the decision to divorce. If the application is submitted to the district court, then the marriage process can last up to three months.
There are cases when the court does not breed spouses. This is possible during pregnancy a spouse or the recent birth of a child (less than a year). It also happens that the court breeds spouses faster than the deadlines - when the spouse applies violence to a woman. In this case, it is necessary to provide a court of an extract from a medical institution.
In any case, before applying for divorce, you just need to try to establish relationships.