Divorce from husband: division of property, documents and cost. How to file a divorce with your husband?

Divorce from her husband is a process that, of course, not everyone will like. The issue of division of property is an even bigger headache. How to solve this serious and complex problem?

Reasons for divorce from a husband can be different ...

However, divorce is not so bad. The main problem is the division of jointly acquired property.

Lawyer services are required

When it comes to divorce, it is imperative for a plaintiff to seek the assistance of a qualified lawyer. This will help solve many problems. Do not think that divorce from your husband is too simple a procedure. Documents, court hearings, nerves…

To open a case in court, you will need a divorce application and a copy of it, a receipt for payment of state duty, marriage and birth certificates, passports, TIN.

How to survive a divorce from her husband, any woman can decide for herself. But it is desirable to share property, relying on the strong and reliable shoulder of a professional. A good lawyer will certainly advise his client on all matters relating to the subject of divorce. Do not forget that only property jointly acquired by the spouses is divided.

It is possible to do without a court, but not always

The help of a lawyer, however, is not always needed. However, most often a divorce from a husband, the division of property does not go smoothly. Spouses refuse to share voluntarily. Accordingly, divorce from her husband through the courts is a common thing for lawyers.

The most important thing is not to make a mistake with the choice of an experienced lawyer who will represent the interests of the spouses. A real professional will take into account all their interests, will try to make sure that both parties reach the maximum compromise.

If the spouses nevertheless agree to a voluntary division of property, they must draw up a written agreement certified by a notary. All terms of the contract must be agreed in advance. In the absence of an agreement, a court decision is required.

Statement of claim

So, how to file a divorce, taking into account the division of property? First you need to make a list of jointly acquired property. As a rule, spouses share houses, apartments, land, funds spent on paying loans or buying a car, etc.

If all the formalities are met, the application is non-refundable and does not remain without movement, the divorce from the husband is considered within the time limits specified by the agenda. The court invites the defendant to add his objections to the claim. The timing of the consideration of the case may depend on a variety of factors, so it is impossible to determine them in advance.

Tasks of a lawyer

A good lawyer knows how to file a divorce with the division of property and defend the position of his client. Its main task is to collect and provide all kinds of evidence (in the interests of the plaintiff) at court hearings, their written and oral arguments, taking into account current legislation.

The presence of doubts about the impartiality and objectivity of the judge will require such a conduct of the case that will make it possible to appeal the decision to the cassation or appeal instances.

Sometimes the relationship of the spouses is so spoiled that they simply cannot calmly talk to each other. How to survive a divorce from your husband, how to resolve the issue of division of property in this case, a good lawyer should also suggest. He may have to negotiate with both parties in order to conclude a settlement agreement, which will help avoid litigation, save money and time for both husband and wife.

What if there is a child?

A divorce from a husband, the cost of which is negotiated with a lawyer, can become a little more complicated if the spouses have minor children. Although it could be the other way around. An amicable agreement on the division of jointly acquired property may contain an agreement to transfer part of it to the spouse with whom the child will live. That is, this part will be the so-called advance payment of alimony. The notarized agreement indicates the period during which they will not be paid.


Try to respect the interests of both parties!

Balance must always be present in everything. This also applies to the division of property. In this case, it is necessary to observe not only the laws, but also the interests of each spouse to the maximum.

The number of divorces today corresponds to the number of registered marriages. This happens in almost all countries. The reasons for divorcing a husband may be different, but their traditional companions are the same! These are the problems of children, or those that are formed on property grounds.

On guard of children and spouses, in the first place, are the Civil, Family and Housing Codes. It is they who regulate the most important issues relating to jointly acquired property, its disposal, common use after divorce, protection of rights in the division of property and agreements on the settlement of obligations of a marriage contract, alimony, etc.

More about the housing issue

As a rule, in the first place in solving this problem is the issue of housing. The question of how to file a divorce when the spouses have to share a house or apartment must also be agreed with a lawyer.

So, the general rule is: if real estate is acquired for common funds during marriage, it is divided between both parties in equal shares. In this case, the husband and wife will be able to use the apartment or house at the same time (for example, when renting out); sell, dividing the proceeds; reimburse your spouse for half the cost of housing.

However, it is not without exceptions. Firstly, housing may belong to a third party (mainly the parents of one of the spouses). Of course, such an apartment will not be shared.

If the property was already owned by one of the spouses before the marriage, it is his personal property. However, the other half may, in some cases, sue part of this apartment or house. This happens if, during the time of cohabitation, the second of the spouses provided all possible assistance in maintaining housing, caring for it, and improving it at the expense of their monetary and labor investments.

In order to protect themselves from such cases, the owner of the living space is recommended to conclude a marriage contract before the wedding.
At least one of the spouses who moved into the apartment will be obliged to release it. The payment of monetary compensation or its absence is a decision agreed with the lawyer and both parties.

If the apartment was taken on credit after the marriage, a divorce from the husband involves the division of payments in equal shares made during the time of cohabitation from the moment of registration at the registry office. In the absence of the consent of one of the spouses, the decision is made by the court, based on all the circumstances of the cost of the down payment and subsequent payments.

How do they deal with the land?

Another topical issue is the issue of land. If it was privatized by one of the spouses during marriage, it can be divided in half.

However, the situation turns out to be a little “dishonest and unfair”. Still, one of the spouses has already managed to use their right to privatize, while for someone it has remained “untouched”.

In this case, it is necessary to go to court, providing all the existing evidence that the privatized land on one of the parties is personal property, which simply cannot be subject to division. Although this position is quite shaky, so a very good lawyer will be needed again in such a situation.

Family business - a common concept

The division of property is not only the division of housing or land. It is not uncommon for a family business to go to court in a divorce as well.

If the contribution to the authorized capital of the company was formed by the spouses together, but only one party owns a formally defined share, when the property is divided, the second can claim half of the spouse's corporate rights in this organization. Accordingly, the husband or wife becomes a member of the firm.

However, jurisprudence in this matter can be quite diverse. To begin with, the court, when making such a decision, must establish whether the consent of the other participants is necessary to include the plaintiff's spouse in their composition. In this case, the case will be considered much longer.

If the acquisition of a certain part of corporate rights, as the alienation of a part of a share, does not require the consent of the other participants, it will be a little easier for the applicant spouse and his lawyer.

It is worth noting the fact that a very important factor is not only the division of property and divorce from her husband. The cost of the services of an experienced lawyer is of interest to every married couple who find themselves in a similar situation. Of course, it can fluctuate depending on how the case will be conducted. The solution to this problem in a standard situation will be, for example, about six thousand rubles, when preparing an evidence base - about eighteen thousand, and in especially difficult situations - more than thirty-six thousand.

Knowing all these nuances, you can not worry a bit about how to survive a divorce from your husband and the division of property.
The main thing is to set yourself up morally and turn to a good lawyer! To date, there are a lot of law firms where you can find the perfect assistant in litigation. It's best to pay your attention to already well-established specialists.