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To divorce in the presence of minors you can and in the registry office, and to court. General rule - judicial order Termination of marriage. In exceptional cases - serving the spouse of imprisonment, its incapacity or unknown absence - divorce is drawn up through the registry office, even with children.

It is clear that in the overwhelming majority of cases, spouses with children need to undergo a divorce trial. And it should be noted that all other issues related to the dissolution of marriage can be solved at the same time - it will be faster and more efficient. Divorce, section of property, definition of children's residence and order Communication with them of another parent, Alimony - all these issues can be resolved as quickly as possible. Otherwise, not one court will have to be far away, and in a state of divorce will be long and possibly problematic.

Divorce through the Court: Step-by-step instructions

Legally spouses will have three stages:

Preparation and submission to the court statement.
Trial.
Obtaining judicial decision.

To obtain a positive decision on divorce, there is enough consent of only one spouse. But if both agree, it will speed up the process.

Preparatory stage

On the eve of the preparation of the application, it is necessary to determine:

is there any mutual consent to divorce, or one of the spouses against the dissolution of marriage;
what questions, in addition to the divorce, it is necessary to put before the court;
with whom of the parents will continue to live a child, is it possible to conclude an agreement on this issue, or it is necessary that this issue will solve the court;
where to submit a statement - the magistrate or to the district (urban) court.

If mutual agreement is achieved, it is necessary to determine who exactly will apply for the application - a wife or husband. The second spouse will acquire the status of the defendant. To express his consent with a termination of marriage, he can write a review on the application, submit a counterclaim on a divorce or personally (through the representative) in the course of the proceedings on its consent to divorce.

In addition to the requirements for divorce, you can:

Ask for the court to determine the particular place of residence of the child (children) and alimony, including approving the agreement of the spouses on this.
Consider a section of joint property.
Complete the determination of the size of the content, which one of the spouses is obliged to provide the second spouse.

In the absence of applications and requirements for determining the residence of children and the payment of alimony, the court independently considers these issues. The property section and the contents of one spouse of the second - the questions for which the court will only decide if such requirements are voiced. They can not only declare the plaintiff, but also the defendant, so if possible, it is necessary to either come to some agreement, or prepare for a judicial dispute in advance - to prove its right point and failure of the spouse's position.

Those issues that could be resolved without trial are issued by signing relevant agreements. It is reasonable for this purpose to attract a lawyer. It will save from the invalidity of agreements, the emergence of controversial moments and legal insecurity.

Who will live a child (children), from which of the parents and in what size alimony will be recovered - these questions decide the court, even if there is an agreement, but it seems to be a court violating the rights of a child (children) or one of the spouses. The court will ensure the view of the child who has reached the 10th age.

Application for divorce and related requirements is submitted to the world court if:

there is no dispute about children;
requirements in the division of spouses do not exceed 50 thousand rubles (at the price of the claim);
there are no other property disputes or the price of a claim on them does not exceed 50 thousand rubles;
there is no dispute about paternity (motherhood), deprivation / restriction of parental rights.

In other cases, you need to contact the district (urban) court.

As a rule, the application for divorce is submitted to the court at the place of residence of the plaintiff. This is permissible if:

spouses are prescribed (live) in one settlement;
minor children (child) are spelled out and live with the plaintiff;
the plaintiff for medical testimony can not come at the place of residence of the defendant.

However, the main rule - the claim must be submitted at the place of residence (registration) of the defendant.

Agreements between spouses

In order for the divorce through the court quickly and relatively painlessly, many spouses on the eve of the submission of a divorce statement conclude agreements on those questions that do not require the participation of the Court:

Children's Agreement - their accommodation and content (alimony). If the question is solved only about living children, it can be limited to a written form. The agreement on alimony requires a notarized certificate and, which is very important, has the power executive Sheet. In most cases, the Children's Agreement is integrated, including the issues of residence of the child, the procedure for communicating with him the second parent, the payment of alimony and others. Such agreements are certified by the notary.
Property section agreement . The written form is obligatory at the cost of property more than 10 thousand rubles. And in a wiser, in any case, ask for a notarized design to give a document higher legal force. In addition, when real estate land plots, vehicle, valuable papers and other property (obligations) requiring the registration of rights, it is necessary to undergo relevant registration procedures.

Preparation of the application

When preparing a statement as a basis, you can take examples (samples) such statementsThat is on the Internet, on the sites of ships or information boards in the courts, as well as below in this article. But they are effective when there are no individual characteristics of the marriage process and the requirements associated with the dispute.

If the application concerns only the termination of marriage, it should include:

In the header - the name of the court (the data of the magistrate), information about the claimant and the defendant (spouses) and their representatives (if available).
Document's name - statement of claim About dissolved marriage.
In the text:

information about between who and when was concluded (registered) marriage;
how many minor children are in marriage (born, adopted) - FULL NAME, birth dates;
causes of marriage (briefly, any);
the conditions of the marriage contract (if any);
information about the availability of an agreement on the place of residence of children and the payment of alimony;
a request for a dissolution of marriage with the defendant.

List of applications to the application.
Below is the date of compilation, the applicant's signature.

If there are other requirements, the name of the document is expanding ("On Termination of Marriage" is complemented by the wording of these requirements), and in the text there are relating information:

If there is a dispute about children (place residence, alimony), it is necessary to justify why the court should leave children with the plaintiff, and the second parent - obliges to pay the alimony in a certain amount.
If there is a requirement for the division of property - it is necessary to specify the property data (what, when, at whose expense was purchased, its value), to formulate its proposal on the section and justify it. It should be borne in mind that joint commitments (debts) are also subject to the section.
Requirements for payment (provision) The content of the spouse after a divorce, as a rule, require medical evidence. Such alimony is destroyed infrequently, and it can be expected that the defendant will be categorically against them.

An application must be attached to the application confirming the information specified in it. The list varies depending on the content of applications, requirements, availability and circumstances of disputes.

Must be applied:

copy of the passport of the plaintiff;
a copy of the marriage certificate;
copies of children's birth certificates;
children's Agreement (if there is in writing);
payment document (state duty - 650 rubles from each spouse);
copies of applications and applications - for the defendant.

Additionally, you may need:

documents confirming the causes of divorce;
certificates about the income of spouses;
certificate of residence (registration) of spouses and family composition;
medical certificates;
inventory and assessment of property;
conclusion of guardianship and guardianship bodies;
power of attorney to the representative;
other documents.

If documents (help) cannot be obtained, it is necessary to specify in the application that a certain fact may confirm such a document that is or can be obtained there. The court will ask him himself. To obtain and adopt documents (materials), to call to the court of witnesses or specialists, a corresponding petition must be prepared. It is best to attach immediately to the divorce statement.

Features of the trial

The trial passes through two procedures:

With mutual consent of the spouses - after a month after submitting an application, without finding out the motives of the divorce.
In disagreement of one of the spouses, also after a month or after 3 months appointed by the court for reconciliation of spouses.

Concomitant requirements for divorce complicate trial, so it can last long months.

How to solve the question of children

The court is engaged in this issue if the parties have not come to an agreement or it, according to the court, violates the rights and interests of the child.

Considered:

Age, mental and physical condition of the child.
Child's opinion 10 years and older.
The degree of affection, attitudes towards parents and other family members, in particular, grandparents.
Relationships in the family in the context of the interests of the child.
The possibility of each parent to provide a child education, living and development conditions.
Material state of parents, living conditions, lifestyle, work, employment, time that they can give to the child.
Other factors and conditions.

In some cases, children's psychologists, teachers, specialists of guardianship and guardianship can be involved in the trial. The task of the court is not to choose a parent, but to choose the conditions in which the child (children) will best live, grow, learn and generally develop.

Claim or not claim property requirements

If the divorce is associated with the property dispute, it is often better to divide the solution of these two issues in time or trial. The marriage process, as a rule, takes 1-3 months, and therefore, after receiving a court decision you can already build new family. If the property dispute is also considered at the same time, the court can delay very much, especially if some of the spouses begin to repair obstacles.

On the other hand, how property will be divided, can affect the material position of spouses. And this factor is significant to resolve issues about the place of residence of children and aliminal obligations.

It is impossible to give an unequivocal answer to the question of which requirements should be declared together with a divorce. Each situation is individual. But the court will definitely solve the issue of living a child and its content himself, if parents do not come to an agreement. Everything related to other property and family disputes of spouses can be resolved after divorce. And, perhaps, even more calmly and successfully than when dissolved.

Divorce in the registry office in the presence of children

If there are juvenile children, the divorce is possible through the registry office, but only in three cases:

The spouse is convicted and serving a sentence in the form of imprisonment for more than 3 years.
The spouse is recognized by the court incapable.
The spouse is recognized by the court is missingly absent.

In the first case, it is enough to apply to the registry office, putting a copy of the court sentence and a certificate from the places of imprisonment. In two other cases, the divorce must be preceded by lawsuits on the recognition of the spouse incapable or missingly absent. The decision will also need to be attached to the application.

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 divorce if there is a child, it is already more difficult.

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 resident District.

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 divorces in star families, often accompanied by huge spill up and problems with children, which can not decide with whom to stay from their parents. 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 it will have to pay 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, in unilaterally The husband cannot serve on a 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 has no residence in the territory Russian FederationIt is imposed in that court where his property is located, or in its latest known place of residence 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 a divorce of marriage should obligatory 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 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.

When in the family, constant disagreements, other output, except for divorce, simply not. Where to apply for it.

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 breed spouses faster installed 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.

In our article, we will try to explain in the most detail how to properly compile a divorce application and where to submit it.

Where to file: in the registry office or in court?

A marriage application is submitted to any of the three specified instances.

The statement of a divorce submitted to the court of general jurisdiction is similar to what is written by the magistrate, but it should be described in detail the essence of the dispute between sprues. Usually, when submitting such a statement, the plaintiff turns to the services of lawyers who will help to take into account all the subtleties of these difficult affairs. No need to write in a statement about your feelings and all claims to the worshipers of the spouse. The court is only interested in facts.

Slightly statistics

According to statistics, every second marriage is now breaking. Ten years ago, each third decayed.

After submitting the application

If you filed a statement with the registry office, then the consideration takes one month, after which it is necessary to recover and receive a divorce document at the appointed time.

If you appealed to the court, then if there are any violations, the court will be able to refuse to accept the application, return it or leave without movement. About any of these decisions of the applicant will notify in writing.

If the claim for divorce is drawn up and filed correctly, then the judge will define the adoption of it for production.

After that, the stage of preparation for the court hearing is underway, during which all the circumstances of the case are studied in detail and the process participants are caused. At the hearing, the judge finds out whether there are sufficient grounds for termination of marriage and whether it is further cohabitation Spouses are impossible. If one of the spouses continues to oppose the divorce, the judge provides time to three months for their possible reconciliation, after which it appoints a re-session. If reconciliation does not happen, the court makes a decree on the termination of the marriage union.

Get a divorce without the consent of the spouse a little more difficult than when mutual agreement, but maybe.

In disagreement, some of the spouses with a court decision can be appealed to the higher judicial authority.

With the judicial decision that entered into force, you need to contact the registry office and get a document on the dissolution of marriage.

What documents will ask

When divorced in the registry office with each spouse, you will need:

statement of a certain sample;
passport;
certificate of marriage;
metrics of children (if they are born from this marriage);
receipt about the payment of state duty.

If the application is filed by one spouse in the presence of the above circumstances, it will be necessary to attach additionally:

the decision of the court on recognizing the spouse is incapable or missing;
the verdict of the court on the condemnation of her husband.

If the application for divorce is submitted to the court, then additionally requires:

the statement of claim to the joint property section and the determination of the place of residence of joint children;
power of Attorney, if the interests of the borrowed in court protect their representatives;
receipt of payment of additional state duty, if in parallel with divorce, questions about the common property and children are solved.

How to pick up the application

To pick up a statement from the registry office, both spouses are enough to come there and write another, indicating the reasons for changing the solution. If only by that time a monthly period did not pass, after which the marriage will already be discontinued.

To pick up a statement from the court about divorce you can at any stage, but it is advisable to do it before it is adopted by a judge into production.

Valeria Protasova

Reading time: 10 minutes

As you know, the divorce is a very difficult situation from a moral point of view. No matter how calm former spouses seemed calm, but both of them, one way or another, will experience psychological stress. FROM legal The divorce procedure can also be quite complicated - especially if the pair managed to acquire a common property, to have children.

Marriage termination procedure

When there is such a situation in the family that the divorce is inevitable, very often the spouses do not know where and how to put on a divorce.

Canceled the difficulties of questions how to write a statement, which documents will be required for this process, how long the divorce procedure is carried out.

Keep in mind: If the spouses came to this decision by mutual agreement, and the couple there are no minor children, then the marriage is terminated after a written statement from the pair in the registry office, without a trial.In the same way, marriage is dissolved if one spouse is convicted by the court, having received a sentence more than 3 years if one spouse disappeared, or recognized as incapable.

Under the same conditions, to divorce both spouses - or one of them - may through the website of public services.

In all other moments, the termination of the marriage is carried out through the judicial procedure (according to the Family Code of the Russian Federation, Article 18).

If the divorce requires only one of the spouses , and a joint property, the property does not exceed the amount of the value of 100 thousand rubles, if one spouse does not come to the registry office, not agreeing to the divorce, then such marriages are terminated through the world judge (according to the Family Code of the Russian Federation, Articles 21-23).
If a couple already have minors children , or in cases where the property of spouses at a cost exceeds 100 thousand rubles, the divorce of marriage occurs through the procedure in the district court (according to the Family Code of the Russian Federation, Articles 21-23). All property or other disputes of bred spouses are considered only in court (according to the Family Code of the Russian Federation, Article 18).

The termination procedure itself begins with sharing applications spouses — or from a statement from one spouse. This statement must be submitted to the registry office or to the world court, the district court, which is at the place of passport registration (registration) of the defendant.

However B. Russian legislation There are special exceptions when the statement on the termination of a marriage can be served at the place of passport registration, the place of residence of the spouse - the plaintiff.

Marriage termination occurs after 1 month , counting from the date of submission of the application-law on divorce into the registry office.
If the spouse is pregnant , or if a woman has a child by age up to 1 year, the court does not accept a statement on divorce from her spouse (according to the Family Code of the Russian Federation, Article 17). The spouse can sue a divorce (termination of marriage) at any time, without restrictions.
Usually, court sessions of the marriage process are open . In some cases, when the court will be considered intimate parties to the life of spouses, the court sessions may be closed.

If there were disputes of former spouses about children or jointly acquired property, the judicial marriage process may last 4 to 6 months.

Stages of a wicked procedure

Collect the required documents required for the procedure.
Direct feeding a correctly compiled statement of divorce (termination of marriage), necessary documents to the registry office or to court.
The presence of the plaintiff at the court session; Notification of the defendant about every court session.
If the court has determined the spouses a month to reconcile the parties, but then the spouses did not appear at the court session dedicated to their marriage claim, the court had the right to cancel this claim and recognizes these spouses reconciling.

Documents required for termination of marriage

Application to the registry office or court . The statement of spouses or one spouse is served only in a written version (according to a special form). In this statement, the spouses must confirm that they voluntarily agree to the termination of this marriage, and also that they do not have minor children (general).

IN statement-lawsuit, which is submitted to the registry officenecessarily indicate:

The names that spouses leave themselves after the divorce.
The date of writing a statement.
Sign up both spouses.

IN the claim that the plaintiff is submitted to the courtMandatory:

Passport data from both spouses (name, date of birth, place of birth, registration, actual place of residence, citizenship).
Data on the registration of spouses marriage.
Causes of divorce.
Information about the claims ((children), a joint property section, a dispute about determining the place of further residence a minor child (children), etc.).

Application to court Served at the place of permanent residence (registration) of the defendant. If the spouse-defendant is not a citizen of the Russian Federation, or does not have a residence in Russia, his place of residence is unknown, then the claim is the claimant is filed to the court at the place of the last residence of the defendant in Russia, or at the place where the defendant property is located . Passports of spouses, their copies, a marriage document (marriage of spouses) are attached to the claimant's claim.

If the application for termination of the current marriage spouses is submitted to the world court, the district court, then the following documents are needed:

Copies of the original statement of a divorce (by the number of respondents, third parties).
Receipt of the Bank on the payment of a mandatory state duty for a divorce procedure (details are specified in court).
If a representative acts in court for the plaintiff - it is necessary to submit a document or a power of attorney, which certifies its powers.
If the plaintiff puts forward any requirements, all the necessary and important documents confirming all the circumstances must be applied to the divorce statement, as well as copies of these documents for all respondents, third parties.
Documents that confirm the execution pre-trial order Settlement of this dispute.
The plaintiff must register monetary sumwhich intends to receive from the defendant (necessarily - copies by the number of respondents in court).
Document on the conclusion of marriage (or its duplicate).
With common minor children from spouses - the birth documents of children (evidence), or a copy of the birth document (certificate) certified by a notary.
Extract from H Hweaves at the place of residence of the Spouse-Respondent (from the "House Book"). In the process of the Court, in some cases, it is also necessary to extract from Zhweg (from the "House Book") of the plaintiff itself.
Help on the income of the defendant (if the court considers the claim for alimony).
If the defendant agrees to the divorce procedure (on the termination of marriage), it is necessary to provide his written statement about this.
Agreement of children of children (if it is required on the suit).
(If this is required on the suit).

The list of documents that must be provided before the lacrimal process may be different - it depends on the requests of a particular judge, its requirements. The list of necessary documents is not approved by judicial law, so it varies.

Procedure Termination of the marriage will begin by the court only in the case of a complete set of necessary documents, the list of which the plaintiff can find out before applying for its application to the court, before the scrolls.

In some cases, additional documents may be required - on this plaintiff and the defendant will be known in court.

What to do if the spouse the defendant is not in court?

If the spouse respondent does not come to designated court sessions on a marriage process, then Divorce plaintiff is also possible - Even if the spouses have minors children:

If the defendant may not be present at this court session dedicated to the broken-separation process, he has the right submit instead of a representative By issuing a power of attorney at the notary. The same right to the representative in court is available at the plaintiff.
If the defendant has good reasons why he can not appear at one of the court sessions dedicated to the timeline, he must provide an appropriate application for court Then the marriage process will be postponed for a while.
If the respondent specially not coming to the court sessions according to the started marriage process, the termination of marriage will take place without his presence at this court session on the divorce.
If the defendant had good reasons for the court hearing, he could not inform the court on time, but it passed in his absence, terminating the marriage, then later spouse - the defendant may apply for the cancellation of this court decision. . Submit this statement of the spouse during the week (seven days) from the day from which he was awarded a copy of the court decision on the already perfect divorce. A court decision on the accomplished dissolution of marriage can also be appealing in cassation.
If the spouse respondent does not come to the appointed court sessions, the marriage of time may increase by another 1 month .

How to file the plaintiff for divorce if the spouse defendant is configured against the dissolution of marriage

Often, the marriage termination procedure becomes very not easy testing for both former spouses And for their environment. Divorce is almost always accompanied by property disputes, or disputes of children.

If the defendant is against a marriage termination , he does not need to shy away from participation in court sessions, because he can at the meeting declare your disagreement with a divorce , asking for determining the term for reconciling spouses. Ultimately, the decision remains for the judge - if he is convinced of the sincerity of the desire to reconcile, the further process can be postponed for another period (maximum - 3 months).
If the plaintiff insists on divorce Argumenting its reluctance to put up with the defendant, this period may not be so big. The spouse is the defendant and after that can again submit a petition to the court about reconciliation of the parties.
If the spouse is the defendant against broody termination , Therefore, it is specifically, deliberately evades from visiting the court sessions, the judge may submit a correspondence decision on divorce at the third meeting.

What to do a woman if her husband is the defendant against divorce?

First of all, it is necessary to compile a competent statement of claim - in this case, for help, it is better to contact a qualified lawyer.

Property disputes, debaters about children are best solved in one judicial marriage process - these claims must be submitted simultaneously with a divorce statement.

Woman necessary to pay the state fee for divorce , not expecting, while paying the spouse.
The court session is appointed about a month after the date of filing the plaintiff . The plaintiff must necessarily attend the meeting, answer the questions of the judge, argue its desire to divorce. In the absence of additional circumstances, the decision on the divorce of the judge can take at the same meeting. If such circumstances still arose - the judge may decide - to give spouses to reconciliation.
So that the spouse paid alimony The plaintiff must be submitted a certificate of its income. If the wife in the years of marriage did not work, doing housekeeping, or if it is in maternity leave, it does not work and cares for a small child, it may require the defendant to alimony and its content.
If anyone from already former spouses i do not agree with the decision of the World, District Court , for ten days after the issuance of a divorce certificate, he may file a claim for the abolition of this decision, the consideration of the marriage of the marriage.

For obtaining a marriage termination certificate (Divorce) Each of the already former spouses should be submitted to the registry office, which is located at the place of passport registration, or at the place of registration of this marriage, passport and the court decision.