Divorce (divorce). Divorce proceedings claim.
Divorce (divorce) is made in the registry office at the request of both spouses, and in court.
Divorce in the civil registry office (art. 19 of the Family Code of the Russian Federation) is carried out if there are two grounds:
- both parties have agreed to divorce
- husband and wife do not have common minor children.
Mutual consent of the spouses to divorce is expressed in their joint written statement, and if it is impossible for good reasons to appear in the court of one of them to file a joint statement, the spouses' desire to dissolve the marriage can be made out as separate statements.
In addition to the mutual consent of the spouses to divorce, it is also necessary that they do not have common minor children. If one of the spouses has a child from a previous marriage whose parent is not the other spouse, then there are no obstacles to divorce in the registry office.
On an exceptional basis, it is also possible to file a divorce at the registry office on the application of one of the spouses, regardless of whether they have common minor children, if available, namely:
- recognition of the other spouse by the court as missing;
- recognition of the other spouse as incapable;
- conviction of the other spouse for committing a crime to imprisonment for a term exceeding three years.
The state registration of a divorce (divorce) is made at the place of residence of the spouses (one of them) or at the place of state registration of marriage.
The competence of the registry office does not include the resolution of disputes arising between spouses in connection with a divorce. Therefore, disputes arising from the divorce proceedings: o property section , about collecting alimony, about children - are solved only in a judicial order.
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The divorce proceedings in court are made:
- if the spouses have common minor children;
- in the absence of the consent of one of the spouses to divorce;
- if one of the spouses, despite his lack of objections, deviates from the dissolution of the marriage in the registry office.
As practice shows, the most common reason for the divorce proceedings in court is the presence of spouses of minor children. The consideration of cases of dissolution of marriage (divorce) is carried out by the court in accordance with the procedure of the claim proceedings (Art. 113 GIC).
The claim for divorce , including a divorce from the division of property or the recovery of alimony is preparing lawyers of the college Lunev & Partners as soon as possible. The statement of claim for divorce must indicate: where and when the marriage was registered, whether spouses have minor children from the marriage, age of children, whether there is an agreement on their maintenance and upbringing, divorce motives, and other requirements (recovery of alimony, common property section ), which can be considered simultaneously with the claim for divorce.
The documents necessary to go to court with a claim for divorce, divorce are necessarily the original marriage certificate, an extract from the house register, birth certificates for minor children, a receipt for payment of state duty, and other necessary documents. At the Principal’s will, representation of interests in court is possible without his personal participation, this is especially true if the spouses do not want to communicate and see each other.
The current family law provides two options for divorce through the courts , taking into account the characteristics of the divorce process for each of them:
- divorce in court with the mutual consent of the spouses to divorce;
- divorce in court in the absence of the consent of one of the spouses to divorce.
At the same time with the divorce, the court can resolve other issues, namely, with whom of the parents after the divorce will minor children live, about collecting funds from the parents for the maintenance of the children or for the maintenance of the disabled needy spouse, about the division of the property of the spouses.
The divorce process in the registry offices usually takes about a month, and in a court of law with the mutual consent of the spouses from a month to two months, taking into account the entry of the court decision into legal force. In the absence of the consent of the spouses to divorce, the divorce process may be delayed for more than three months, if the court decides to appoint a term for their reconciliation within three months (Art. 22 of the RF IC).
Want to save time and nerves - contact our board and ours lawyers They will try to conduct the divorce proceedings as peacefully and calmly as possible!