How to make and apply for divorce
Many people are interested in how to apply correctly. In fact, this process is not as simple as it seems. The thing is that registering a relationship is easy. But in order to terminate, you will have to pay attention to numerous nuances. Not everyone can get a divorce without problems. The presence of property disputes, as well as minor children can cause a lot of trouble. Therefore, it is recommended to pay attention to all this. In any case, citizens should know the procedure for filing an application to certain authorities for filing a divorce. What else will have to pay attention to get rid of their outdated relationships finally and without too much labor?
Where to go
Application for divorce may be filed with several organizations. It all depends on the specific situation. The thing is that each family is individual. And depending on the presence or absence of encumbrances, citizens can use the services of various authorities.
What scenarios are considered? At the moment, to terminate officially registered relations, contact the following places:
- portal "State Services";
- Civil registry office at the place of residence of one of the spouses;
As a rule, the simplest scenario is the recourse to the registry office. There marriage is terminated without any problems. But this is not the most common situation. What else should citizens know?
By mutual agreement
Application for divorce can be submitted to the registrar. But this is possible only if the decision is made by mutual agreement. Or if citizens do not have property disputes, as well as minor children.
The order of breaking relationships is simple. Separately write a statement of the established sample is not required. You need to bring with you to the registrar:
- a receipt indicating payment of the fee for a divorce;
- passports of the parties;
- marriage certificate.
Already during a visit to the registrar office, the citizens will be issued a form on divorce. It is usually filled in by an employee and given to the parties for signature. Husband and wife verify the data, then confirm the information and the desire to divorce. That's all.Now you can wait a month. That is how much they give to reconciliation. If the application is not collected within 30 days, then draw up an official divorce.
But the previously mentioned method is the perfect solution. It is not so common in real life. A more common method is divorce in court. And no matter for what reason.
If there is a property dispute of a small type, then it is necessary to contact the district court. The lawsuit on divorce is filed there, as well as a small list of documents required for a court decision.
What will require from the citizens? They come to the district court when the dispute items total not more than 50 thousand rubles. And with the applicants (or one of them) must bring:
- statement of claim with a detailed description of the situation;
- documents for joint property;
- ID card (if possible - both parties);
- receipt of payment of duty for termination of relations.
This application, if it is submitted unilaterally, must have grounds. And, accordingly, confirmation. Although simply by personal initiative, you can also apply to the court.Within 7 days (sometimes the waiting period is increased to 14 days), the judicial authorities set the day of the meeting. After it, citizens are given at least 3 months to reconciliation. If the spouses decided to divorce anyway, then only after the specified period will this be achieved.
Also, a claim for divorce may be filed with the Magistrates Court. Usually such situations take place when people have large jointly acquired property. Such property is considered the total value of more than 50 000 rubles.
Documents submitted to the court are similar. Well, if during the meeting it turned out to conclude an amicable agreement on the division of everything acquired in marriage. Then the parties will be satisfied to the maximum. Otherwise, the court itself will divide all that the citizens have. Usually in a 50/50 ratio.
The application for divorce (the sample will be presented later) is submitted to the Magistrates Court even when there are minor children. If there are no disputes regarding the residence of the children, it is recommended to fix this by documenting, by drawing up an agreement with a notary.But when the parents cannot agree, the court will determine the place of residence of the children.
The applicant must take with him:
- claim form;
- Marriage certificate;
- documents indicating the presence of common minor children;
- certificates of parents' health;
- statements of income and welfare;
- documents on the ownership of housing (any certificate confirming the existence of an apartment for a child) will do.
Accordingly, all these papers are filed with the world court. Next, a meeting is held with the participation of guardianship bodies. At the end, the judicial authority will issue its decision on the dissolution of the marriage, as well as on the residence of the children with this or that parent.
About the division of property
Here is a serious matter - the dissolution of marriage. The division of property plays a rather important role in this matter. What scenarios are there in this regard?
By law, everything that was acquired in a marriage is divided 50/50 between spouses. It does not matter to whom the property was registered. Do not share only premarital things, as well as personal items.
But you can draw up a marriage contract and indicate the principle of division of property during a divorce.This option often helps to avoid problems in the future. A marriage contract is concluded at any time after formalizing the official relationship.
After the judgment
As soon as the divorce case is considered, citizens are given a court decision. But at the same time the relationship is not considered broken. Something else needs to be done. What exactly?
Get a certificate of divorce. This can be done in the registry office. There the parties must provide:
- the court's decision;
- Marriage certificate;
- payment, indicating payment of state duty.
Additionally, if you have children, you will need to bring documents about their birth.
Further, the parties issue a certificate. Each has its own copy. It is issued in the presence of an identity card. Nothing difficult or special. The certificate is required at the place of residence of one of the spouses. Wherever a judicial decision was applied.
About the cost of divorce
To apply for divorce, you must pay a state fee. At the moment in Russia for the conclusion of relations and their official gap requires payment.
How much? For divorce will have to pay 650 rubles. And only one spouse has to pay. Usually, the fee is made by the one who initiated the breakup.
Quite often, you can meet situations in which you have to forcefully divorce. For example, if the second parent is in prison. In this case, the state fee will be required in the amount of 350 rubles.
Of course, there is an unspoken cost of evidence. It is a waste of time and nerves. On average, a divorce is made from 30 to 90 days. Sometimes longer. In particular, if you have to go to court.
What is the statement about the dissolution of marriage? The sample that will be presented later is an example of a claim. You can use it if you need to go to court to end the relationship. In case of a divorce through the court, the application form is a regular sheet in which, on the one hand, the data about the wife, and on the other, her husband. In the end - the requirement of a divorce and the signature of the applicants.
But the lawsuit may look like this:
"I, Ivanova Maria Petrovna, (passport details), with this statement I ask you to dissolve the marriage with my husband, Ivanov Ivan Ivanovich (information from the passport) because of his deviant behavior. My husband repeatedly injured me.Evidence, namely medical evidence, is provided. We don’t have common property, nor children. "
At this point you can finish. A huge role in the presence of children plays a detailed description of the situation. You can also supplement the lawsuit testimony. All witnesses indicate at the end of the statement with the specification of data to communicate with people.
In fact, if the right approach to solving the problem, then the divorce will not bring much trouble. It is worth remembering that people are always given time for reconciliation. The applicant has the right to withdraw the application for divorce at any time prior to receiving a divorce certificate or a court opinion.