Once long ago I had to endure unpleasant procedure – divorce. That time was erased from memory, but many years later start understanding that, getting divorced "in blind", without knowledge of laws, many mistakes were made. They are remediable and are not critical, but thanks to these mistakes, it is necessary to hark back. Therefore it would be desirable to share the got experience and overdue knowledge on this subject to help you, dear readers of InfoAdvisor.net, to avoid the same mistakes. Though I heartily wish all to come up against such situation never.
I think very few people ask a question that is necessary to get married. Ask any and he will answer that it is necessary to submit the application to the REGISTRY OFFICE. But how many people also quickly will be able to tell, what is necessary to divorce? It is unlikely as much, at least because the bigger number of people thinks of troubles, only when they appear in life. And after all not for nothing speak "having burned on milk, you blow then and on water".
How to divorce
In the Family Code 5% of articles allocated in 2 heads are devoted to a question of divorce, besides there is a set of nuances in each separate case therefore I will not be able fully to open this subject. My only to give the short management by which it is possible to determine only highlights. For obtaining fuller information it is desirable to read the code or to address for consultation to the lawyer.
Marriage can stop the existence for various reasons, all of them are specified in the Family Code. I will tell readers of InfoAdvisor.net only about one of them: divorce according to the statement which can proceed from one of spouses or at the same time from both. Procedure of divorce can be carried out or employees of the REGISTRY OFFICE, or in a judicial proceeding.
Let's begin with faster and simple procedure, it is called administrative and is carried out by bodies of the REGISTRY OFFICE. It is possible for spouses who have no joint minor children and at their mutual consent. Spouses submit the joint statement (or it is written by one, and the second signs out of the REGISTRY OFFICE and notarially certifies the signature). At filing of application it will be necessary to provide the marriage certficate, the document confirming the personality (passport), the receipt on payment of the state duty. After the put term in one month you come to the REGISTRY OFFICE and receive the certificate on divorce, after confirmation of intention to divorce, and in your passport to appear a mark "marriage will terminate …". On it all will also end, but consider that if necessary to divide in common sewed property it is necessary to appeal to court if you did not sign the marriage contract and it is impossible to resolve this issue independently.
The second way – divorce through court – is more difficult at least because is applied to the spouses having joint children, and also it is applicable in case of refusal or evasion of one of spouses from divorce. It is important to know that before achievement of one year by the child of age, without mother's consent a marriage cannot be dissolved even through court.
That it is necessary to consider at filing of application
There is no sense to go into details if it is about disagreement or evasion of one of spouses (if it is not in court, will simply pull time, and at the third court session a marriage is dissolved without its consent). And here those who has children, should reflect not only on divorce registration, but also on further life.
Together with the declaration of avoidance of marriage, at once prepare and submit for if it is necessary, and surely bring up questions of with whom children who and in what part will pay the alimony on the maintenance of children will live. You should not postpone it for later, the repeated appeal to the court will lead to additional loss of time, nerves and money. Collecting is a separate subject therefore I will not go into details of this question. But there is a wish to notice that having absolutely refused its decision, you can do much harm to the child in the future, without saying to that deprive of it additional opportunities to which he has full authority, receiving the material contents from the second parent before majority.
Who pays the state duty for divorce
In order that your statement was adopted to consideration, it is necessary to pay the state duty, in what size to pay it, you will be told by employees of the REGISTRY OFFICE. Under the law if divorce happens by a mutual consent of the parties, and also when , the state duty is raised from both spouses of 400 rubles from everyone. In case one of spouses is by a court decision recognized is unknown absent, incapacitated or is condemned more than for three years, the state duty is raised only from the spouse who submitted the application for divorce of 200 rubles.
We go to court
After all documents are collected and passed 1 month from the date of filing of application, court session about a place, date and which time of carrying out you will be told the agenda will take place. During court session to you questions of such character as will be set: that served as the dissonance reason who is guilty of it and whether there are ways of reconciliation. According to answers to them the court will make the decision to dissolve a marriage at once or to give time for thought. Also, if you attached claims for the section of property and establishment of alimentary obligations, also these issues will be resolved.
I want to note for readers of InfoAdvisor.net that you can independently make agreements on the section of property, on that with whom after divorce children, and if necessary will live and an order of meetings with them of the second parent and to give to the judge during process for the statement and giving of the lawful status to them. The court will consider your agreements and if they do not contradict, to interests of one of the parties or children, will approve them or will make the amendments about which you will be warned.
For the solution of a question of establishment of the size of the alimony it will be necessary to bring the certificate of the income into court, that from spouses to whom obligations will be assigned. Except the alimony on the maintenance of children, the question and of the maintenance of the adult can be brought up, for example, if the woman is in a child care leave or did not work during marriage to be in charge of housekeeping.
After consideration of the case by court the decision which can be one of the following is made:
- to dissolve a marriage;
- to refuse satisfaction of claim requirements;
- to postpone trial of business and to appoint term for reconciliation of spouses (and if spouses reconcile after this term, to close business).
The court acquaints with the decision on business interested parties approximately in an hour after hearing. If the decision to dissolve a marriage, after its introduction in validity is made, and there is it in 10 days, court the resolution on the basis of which the certificate on divorce will be prepared and granted goes to bodies of the REGISTRY OFFICE. Respectively, if you do not agree with the decision, within 10 days have the right to submit the claim for its cancellation and new consideration of the case.
We receive documents on divorce
In the REGISTRY OFFICE of the document on divorce you will need to provide a judgment and the passport for receiving, each of spouses receives the certificate on divorce in a residence or in a marriage place of registration. In this document it will be written: between whom it is dissolved a marriage, what surname you had, the recipient of the document, during marriage and after its cancellation, the marriage termination basis, date of cancellation, date of issue of the certificate, number of record about cancellation.
I want to pay your attention to the marriage certficate which was given out only in one copy in due time. It is not withdrawn, and simply repaid, and the woman can be necessary in the future, it is connected with at registration or divorce and there can quite be situations when you need confirmation that "You in the past" it is the same person, as "You in the present". For example, I faced it at, appear, very simple question – registration of the child in a residence. This process in the absence of the marriage certficate which will be terminated long ago, was tightened for us for 3 months instead of the put 10 days. Also keep on your business, in need of them it is possible to restore, having given inquiry to archive of court in which case was considered, but it will take certain time.
Life goes on
Behind, you have a divorce on hands all documents confirming the new social status "is divorced", and life is done not stand still by her still moves forward, sometimes too promptly tightening us in whirlpool everything new events. I advise you not to plunge for a long time into the abyss of thoughts about why everything turned out so, but not differently. Can do it destiny, can you met not that person, and can simply were not are ready to family life, all this already "last", and you have ahead a long and happy future about which it is worth thinking, dreaming and be set by the corresponding purposes.