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What you need to do to divorce your wife. Divorce from his wife: refusal and consent of the parties, registry office or court. When is divorce necessary

If in family life there is no order, world order is no longer possible, that is, there are two ways: to make peace or to part. When people understand that they no longer have the strength to be together, they will be judged. The main dilemma how to file documents for divorce productively, without the world?

Divorce proceedings

When choosing to get out of marriage, people should approach such a difficult task correctly and carefully. The divorce procedure is unpleasant, it is difficult to break off relations even with a sole desire. In order for a spouse to find the long-awaited freedom, a trial and a fair verdict at one of the hearings will be required. If there are no property disputes and bickering, the children are already adults or did not have time to be born at all, you need to visit the registry office for quick solution this administrative issue on a completely compromise world.

Through the court

It is very problematic to divorce lawsuits and petitions; it is much easier to visit the registry office twice. Divorce through court is a mentally difficult, stressful and lengthy process that requires not only mutual desire married couple parting forever, but also the presentation for consideration by a fair judge of a number of certificates from family life.

The first step is to correctly write a written appeal to the court with a desire to dissolve the marriage bond with the wife (husband). Here we are talking about the legal organization for the registration of the defendant spouse. The plaintiff will have to fill out a standard form correctly. On a special form, you need to indicate the following information in a specific sequence. It:

  • place, date of the day of marriage;
  • arguments for your desire to get a divorce;
  • the presence of small children, the presence of property;
  • basic requirements and wishes for the opposing side;
  • information on the upcoming provision of children.

Through the registry office

If the ex-spouses have no complaints and common children in education, then the trip to the judge can be postponed indefinitely. The plaintiff and the defendant will have a divorce procedure through the registry office, after 30 days the document on the dissolution of the marriage will be handed out officially, will enter the legal field. To avoid lengthy proceedings, it is advisable to comply with the following mandatory conditions:

  • mutual and unhindered desire, consent of the spouses to part;
  • lack of small children and claims to;
  • appearance in the registry office with passport data and marriage document.

What is needed for a divorce

Basically, it takes a desire and a drive to start. independent life, leave the other half only in unpleasant memories... This is formal, but in fact it is necessary to provide, in addition to a correctly completed form, a number of mandatory certificates for consideration. These are copies, which should be notarized in advance. When asked what is needed to file for divorce, the appropriate authority will tell everyone - not every day you have to get a divorce, you have to make a responsible decision.

If there are minor children

If a teenager under 18 is brought up by ex-spouses, then parents are allowed to divorce only by court. The registry office will still not accept the documents, even if there are no complaints at all about the upbringing of the younger generation, and the paper is drawn up correctly. Before filing for divorce, if you have a child, you should consult with family lawyer or a paid lawyer, enlist his support, competently draw up a claim. Only then can we count on a successful outcome of the started production.

Unilaterally

If in a couple the husband or wife opposes the collapse of the family, then the second has certain problems, delay is not excluded. However, do not worry too much about this, because standard procedure divorce proceedings can be properly carried out in unilaterally... Dissolution of a marriage at the request of one of the spouses - normal phenomenon, only obligatory documents the plaintiff draws up on his own, while correctly presenting his thoughts on the form. It is very important that problems in relation to growing children and property are solved in his favor.

How to apply for divorce

After completing the form, you must make a copy of the marriage certificate and other joint documents, first certified by a notary. Then you need to correctly submit the complete set to the registry (office) of the court, where, after checking the data received, an incoming number will be issued. This means that the plaintiff has successfully filed for divorce. It remains only to wait for the receipt of the notification to appear at the preliminary and subsequent sessions. Nothing complicated, but it would be correct to first familiarize yourself with the provisions of the Family Code.

Which registry office to apply to

It will not be difficult to compose paper according to the provided sample. The question may arise in another: where to apply for divorce through the registry office? There are two options - according to the registration of a husband or wife. The address of one of them is known, since a statement was sent to this registry office at one time about the desire to legalize their relationship. You will also have to pay the state fee for the disintegration of the family.

Online

The first step is to register on the site, and then submit an application. To do this, you must provide the data of the passports of two participants, SNILS, a marriage document, and additionally send copies of these documents. The online divorce application is studied in a regular manner, the main thing is to establish a way of notification for the plaintiff. This can be a message to your mobile or email address.

Through the court

The law says: one spouse can send a claim to the court on the registration of the defendant spouse. The divorce application form is allowed to be received in person at the office or filled out correctly online. Required condition in both cases - get an incoming number, after which you can control the process judicial trial... The list of required documents is being updated, so you need to carefully study background information.

Where to apply for divorce

If the collapse of family life is inevitable, the plaintiff must contact the registry office or district court by registration of the defendant spouse. If the other half has a nonresident residence permit, it is not prohibited to submit a claim to the court of your district. There are other reasons why an administrative case is initiated and considered in the plaintiff's district. With the question of where to file an application for divorce, it is better to contact a practicing lawyer, to look on the Internet on your own.

Divorce documents in the registry office

Submitting an application in this case is as easy as shelling pears, and both spouses are required to have an internal passport and marriage document... This is the answer to the question of what documents are needed for a divorce. The originals are seized, and after 30 calendar days already divorced people receive a new document with seals in their hands, which is pre-registered in the database. Unilaterally, the required procedure is not carried out even in the absence of common child, property. It will be correct to go to the judge.

Through the court

The form filled in according to the sample is not at all enough to get started with the divorce proceedings as soon as possible. Additionally, the judge demands to provide full package documents that reveal the essence of the family as a social unit of society. This is a standard list that is included in the procedure for filing a complaint. If you need information about what documents are required for a divorce through the court, the list is presented below:

  • sample application;
  • civil passports of husbands, wives;
  • marriage document;
  • birth certificates of adopted children or children born in matrimony;
  • documents on ownership of property;
  • other certificates according to the will of the judge.

Divorce procedure

Registration of certificates and statements is only the beginning of a long road to freedom. The plaintiff wants to do everything necessary to speed up the receipt of the result, but the law can slow down the whole process. When interested in how a divorce happens, it is important to understand that in the registry office everything is much faster than a tedious showdown in judicial procedure... Although each family has its own nuances.

Terms of divorce through the registry office

Before filing a divorce, ex-spouses ask how soon they will receive the relevant document. The answer depends on many factors. If you apply online, you will be able to divorce faster, especially when litigation is not required. The terms for divorce through the registry office are 1 month from the date of registration and filing of a claim. it useful information when solving a life problem, how can you properly file for divorce without a world.

By court

Before filing for divorce correctly, it is important to understand that you have to go to a judge with children and property. Without a peace agreement between the spouses, the terms for divorce through court with children are not standardized. It all depends on the number of meetings and the ability to reconcile the warring parties. A preliminary hearing of the case is mandatory, then a few more sessions. It is important to resolve the issues of alimony, to determine the comfort zone of the child and the fate of the acquired married couple property. So when answering how a person can file for divorce correctly, there are nuances.

How much does it cost to file for divorce

Before getting divorced, it is important to find out how much it costs to apply for a divorce. Quite a lot of financial difficulties are also coming, so it is worth thinking about the world warring spouses. Otherwise, you will have to draw up the documents, pay off the lawyer and pay the state fee. Such a public service is limited to 650 rubles per person participating in divorce proceedings Registry Office. When serving statement of claim unilaterally, the cost of the state contribution is 350 rubles, the cost varies.

Video

A man in a divorce often looks like the injured party, even if he was the initiator of the divorce. He is separated from his children, deprived of his property, forced to pay alimony.

As a result, anger towards his wife, resentment and desire for revenge grows. And children who see how mother and father shout at each other, shower them with insults, suffer, because they love both of them.

Divorce from wife have a child

You have decided to leave your family and file for divorce. The reasons for a divorce from his wife can be very different: from cooling feelings, to meeting a "new" love, big difference in this no. The main thing is that living together has become impossible.

Before you take the plunge, make sure that you and your wife cannot reconcile and move on together. that your decision will not be wrong, and you will not regret it when it is too late. Indeed, despite the fact that the Family Code gives equal rights to men and women, in court this equality is skewed towards women (Articles 16-25 of the Family Code).

And the most important thing, try to establish at least some semblance of goodwill with your wife... It is sometimes very difficult to do this, the spouses file for divorce, being in a state of constant war. And if you filed for divorce without her consent, then do not be surprised that the kindest and calm woman in the process of divorce, he will throw mud at you and throw tantrums. Resentment, anger, fear of the future will make her unrecognizable. However, if you, instead of responding with insults to her attacks, say calmly: “What is happening to you, I just don’t recognize you,” you can neutralize the entire accumulated charge for a long time. And it will be easier for you to negotiate the children.

Division of property with wife and child

Section of property, if you did not have marriage contract, you can lead to a divorce if you can set your wife in a calm and friendly mood. But do not rip it to the skin, otherwise the case will still end in court.

Remember that she was housekeeping (even if not a day during life together did not work), looked after you, cooked, gave birth to children for you, and this is not easy work. And try to contain pettiness and greed by sawing a TV or her favorite in half. coffee table, or counting knives and spoons and arranging them into two piles. By peacefully and fairly dividing the property, you will reduce the resentment and anger in her soul, and it will be easier for you to negotiate the children.

Make an agreement in which it is indicated that the wife will be left with an apartment, jewelry, etc., and you Vacation home and a car. Consult with a lawyer, certify the paper at a notary office and submit it to the court along with your divorce petition.

You will greatly simplify the divorce procedure in court and avoid unnecessary scandals and stress. If you do not reach an agreement, you will have to evaluate the property, provide evidence to the court that it is your property. And everything that is acquired in marriage will need to be divided in court, and it is not a fact that you will win something at the same time.

The property is divided according to who the children stay with, so the court can award you a third or even a quarter common property... Children's things and accessories are not shared, but go to the one of you with whom they are left.

Divorce procedure with a child

If your children are truly dear to you, and you cannot imagine life without their presence, then divorce will be a very difficult test for you. The child or children to whom you are attached will most likely stay with the mother, and you will have to set aside time to date with them and pay some amount to support them.

Try to improve family relationships again and again., so as not to be separated from your beloved kids. If this is not possible, try to negotiate with your wife about the accommodation of the children, or about the opportunity to see them as often as possible. Your right to participate in the child's life, education, development and upbringing is not canceled with divorce, and these rights are enshrined in law (Articles 61-79 of the Family Code).

You can also draw up an agreement in which you determine who the children will live with, how and when the second spouse can meet with them. If there are two or more children, and they are very attached to each other, it is highly undesirable to separate them.

The agreement also needs to be notarized and submitted to the court with documents for divorce. Recent times in men, albeit in negligible quantities, there was an opportunity to sue the child for themselves.

You can collect documents that will confirm your financial situation, high moral character, your affection for the child. And file a lawsuit about the place of residence of the children in your territory. Your kindness, knowledge of the interests of children, opportunities to give them a good education, provide food and other household needs can play a role in court.

For the court to make a fairer decision, hire a good lawyer, especially if your children are dear to you, you yourself earned and acquired acquired property, or you think that your wife is raising your son in the wrong way.

In any case, first think about who the child will be better with., and do not cherish your selfishness and desire to annoy your wife. The well-being of your children should be your most important argument.

The court leaves the children to the father if the mother is a drinker, does not spend the night at home or brings suspicious companies into the house that could threaten the life and health of your child, as well as if it is proved that during their life together the father was engaged in the children, and the mother only gave birth to them, considering education not their business.

The court will not satisfy the father's claim if the baby is under three years old, and the mother takes care of him.
If your wife turns the children against you, your behavior will again help you overcome alienation. If you do not speak badly about your mother in front of your children, show how you love them and how bad you feel without them, the children themselves will ask to see you, and only a very cruel mother will resist them.

However, if you are satisfied with the position of "Sunday Pope", and you are only happy to get rid of the daily care of children, then you will be satisfied with the standard court decision.

If one of you disagrees with the divorce, the court will give you time to think. Perhaps during this period you can find mutual language, and cancel the divorce as unnecessary, or strengthen your decision, and the court will divorce you.

After the decision on divorce comes into force, all you have to do is take the extract from the court, take it to the registry office, pay the state fee and receive a certificate of exemption from former family... You may marry again or live the remaining days as a bachelor, which happens if the experience of family life is negative.


While the law provides that mother and father have equal rights and responsibilities towards children, the same law protects the rights of women and the interests of children. Therefore, it is not so easy for a husband to understand the intricacies of the divorce process with his wife in the presence of children.

Where can you apply for a divorce from your wife if you have children?

Depending on the circumstances, documents for divorce from his wife in the presence of children should be submitted:

  1. (in such cases as the recognition of the wife as legally incompetent, deceased or missing, the wife was sentenced to imprisonment for more than 3 years);
  2. to the magistrate's court(if an agreement is reached between the husband and wife about the place of residence of the children, about spending time and communicating with children, about upbringing and material support children);
  3. to the district court(if there is a disagreement between the husband and wife about children).

To go to the magistrate's court, the spouses must come to an agreement, first of all, about where and with whom their children will live after the divorce (for example, they will stay with their mother). It will not be superfluous to agree on how the father will realize his parental rights in relation to children: how often to see and communicate with them, how to participate in their upbringing, development, education, etc.

Note! The absence of a decision on the payment of alimony is not a disagreement. The issue of alimony can be resolved both in the magistrates' court and out of court - by concluding a settlement agreement between the spouses.

Features of divorce from a wife with a child

Having one or more children significantly complicates the procedure for divorcing a wife.

How to divorce your wife if you have a child under 1 year old?

If the child is under 1 year old, the husband cannot file for divorce without the consent of the wife. This rule applies during the pregnancy of the wife, as well as in case of birth. dead child or the death of a child during the first year of life. If the wife herself initiates a divorce or agrees to a divorce, the divorce procedure is carried out in the usual manner - there are no obstacles to this.

That is, in order to divorce a wife with a child under 1 year old, you need to obtain her consent to divorce: discuss the reasons for the divorce, prove the impossibility of maintaining the family, eliminate any disagreements, conclude settlement agreement about kids. Divorce from your wife is possible only if you have her written consent or verbal confirmation of consent in court.

If the wife refuses to give her consent to the divorce, the husband will have to wait until the child is 1 year old. Then it will be possible to freely file for divorce in accordance with the general procedure.

True, there is another way to divorce your wife before the end of the first year of the child's life - challenge your paternity in court. Go for this radical step the husband has the right if he has evidence that he is not the father of the child. A husband who decides to challenge paternity should undergo a DNA examination. Such a study will cost a lot, but if its result confirms the husband's doubts, its cost will be recovered from the wife.

Divorce from a wife if the child is under 3 years old

The procedure for divorce from a wife in the presence of a child under 3 years old occurs according to the general.

The only thing that the husband should take into account in this situation is that he is responsible for financially providing not only the child, but also the wife. After all, the mother has the right to be in maternity leave and not work until the child reaches the age of three.

This means that if the wife submits an application for the recovery of alimony, the court will oblige the husband to pay the set amounts for the maintenance of his wife and child until he reaches 3 years of age.

How quickly to divorce your wife if you have a child?

If there is a need to divorce as quickly and easily as possible, the husband needs to reach an agreement with his wife. The spouses must enter into a written agreement that will resolve all "childish" issues. For example, it will be indicated that the child after the divorce remains with the mother, that the father has no claims regarding the upbringing of the children by the mother, that the father undertakes to provide financial support for the children, paying the prescribed amounts on a monthly basis.

If there is such written agreement spouses, most likely there will be no delay in the divorce proceedings.

How to keep the child for yourself?

Sometimes the child's father insists that the child stay with him after the divorce. What needs to be done to convince the court that you are right?

  • It is necessary to obtain an opinion from the guardianship and guardianship authorities that the father's living conditions are suitable for a child or several children.
  • It is necessary to provide the court with certificates confirming regular income, thereby confirming their ability to cover the material needs of the child - to buy food and clothing, give toys and entertainment, pay for rest and education.
  • It is desirable to get good recommendations from the place of work, from public organization or the church community.
  • It is necessary to decide who will take care of the child's care and upbringing while the father is at work. Nanny, grandmother or grandfather, female partner or new wife- whoever it is, it is important that the child is provided with the necessary care during the absence of the father.
  • If the child is already 10 years old, the court will ask his opinion about who he wants to live with. If the child really wants to stay with his father and is ready to declare this in court, this will benefit both.
  • Finally, it is necessary to convince the court that the child will be better off with the father than with the mother. Emotional outpourings will not help the cause; more weighty arguments will be required. For example, if a mother does not work, leads an immoral lifestyle, does not have an equipped living space, suffers from diseases, is prone to alcoholism or drug addiction, the court will be inclined to support the father's position and leave the children with him.

Child support after divorce

The issue of collecting alimony for the maintenance of children can be resolved in court simultaneously with the consideration of the divorce case. In addition, a husband and wife can independently determine the amount and procedure for paying alimony - outside the court, by drawing up and notarizing a written agreement.

Quickly? In general, breaking off officially registered relations is not as easy as it seems. Especially if the marriage is complicated by something. For example, the presence of minor children. In any case, you can terminate the relationship at any time. This right is given by law to all citizens. Nobody can take it away. Nevertheless, you need to know a few nuances. Otherwise, the divorce process will not only drag on for long time, but will also bring a lot of problems to the spouses. So what should you pay attention to? How can you get a divorce fairly quickly? Especially if there is no protest from the other half.

From the situation

The situation in the family plays a huge role. Somewhere divorce takes place in a matter of days. In some cases, it drags on for months. And the consequences also have to be disassembled for quite a long time.

That is why, at first, it is worth paying attention to which version of the development of events takes place in a particular cell of society. How quickly to divorce your husband? Most quick way- mutual agreement. Then you don't have to once again wait and seek spouse approval. Therefore, the first advice is to enlist the support of the second half. It is likely that she is also not happy with the registered relationship.

Without property

To begin with, it is worth considering the simplest scenario of events: when the marriage is not burdened by anything and the parties do not have any jointly acquired property or disputes regarding this issue... Then an urgent divorce is made out in a month.

Citizens must contact the registry office at the place of registration of one of the parties. Certain documents are submitted there, then you need to wait a month. During this period, the husband or wife is able to withdraw the divorce petition. 30 days by law is a time of reconciliation.

As soon as it expires given time, the parties must return to the registry office at the appointed time (you can different time, not necessarily together) and get a divorce certificate there.

Documents that you need to bring with you to terminate the relationship (at the first visit):

  • statement;
  • passports of the parties;
  • a receipt for payment of the state duty.

Property disputes (small)

How to get a divorce quickly? If we are talking about more serious relationship who have been saddled with the purchase of common property, you will have to try. Especially if disputes arise during the division.

Here you can break property issues and divorce into several parts: the disputes are small and large. In the first case, it is recommended to agree. If this does not work out, then the initiator of the divorce must go to court.

Do not be afraid of this. You will need to write a claim and submit it with a specific list of documents to the district court (at the place of registration of one of the spouses). Bring with them:

  • passports of the applicants (or one of them);
  • marriage certificate;
  • documents for joint property;
  • a payment that confirms the payment state duty for divorce.

The minimum period for considering a case is 3 months. So many are allotted for reconciliation of the parties. If desired, citizens can withdraw a claim and not file a divorce.

Serious property disputes

Nevertheless, it often happens that people are determined decisively. Then there is only one thing left - to get divorced. When it comes to mutual consent, but at the same time the divorce process is burdened by serious property disputes (over 50,000 rubles), you will have to go to the magistrate's court.

There is no significant difference in actions. But, as practice shows, it is best to peacefully agree on the division of everything acquired together. And this is normal. It is recommended to conclude either in advance with a notary, or already directly in court. Then it will turn out without any problems to get a divorce.

The documents that must be submitted to the magistrate's court are the same as in the case of an appeal to the regional authorities. Special attention it is worth paying After all, that is why it is necessary to formalize the process in court.

Children

How to get a divorce quickly? It will not work to bring the idea to life in as soon as possible if people have minor children. We are talking about joint kids. In this case, it takes place only in court. The difference is only in one thing - in the absence of disputes regarding the residence of children, the dissolution of the relationship ends faster.

The parents were able to agree with whom the children stay to live? Then an amicable agreement is concluded (preferably in advance, with a notary), after which the previously listed documents are submitted to the magistrate's court. If there is a conflict, then you will have to invite the guardianship authorities and additionally provide:

  • income certificates;
  • birth certificates of children / adoption (for any divorce);
  • confirmation of the availability of housing;
  • the results of the medical report on the state of health.

In general, everything that will help indicate the well-being of the parents. In particular, those with whom the children are expected to live. This is a completely normal practice and should not be feared. Usually minors stay with the mother.

Newborn

How to get a divorce quickly? Practice shows that during the pregnancy of the wife and after childbirth, a man is not able to bring the idea to life. If he intends to terminate the officially registered relationship, then he will have to persuade his wife to do so. A pregnant woman can file for divorce, her husband cannot. AND given right predominantly persists for a woman throughout the year from the moment the baby appears.

Overall, the process is no different. If the spouses both agree, they apply to the registry office with an application at the place of registration of the wife. If there are disputes - to the magistrate or district court. The plaintiff must be a woman.

After the courts

Now it is clear how to get a divorce quickly by mutual consent. However, what to do if judgment already taking place? Courts do not issue divorce certificates. This means that you need to make the appropriate document.

As already mentioned, you must come to the registry office. There are provided:

  • certificates of the court decision;
  • application of the established form;
  • identification of the parties;
  • certificate of marriage and birth of children (if any);
  • receipt of payment of the duty.

After that, the employees will issue an appropriate document to each of the parties. can be picked up. Only after that, the process can be considered 100% complete.

Price

What else do you need to pay attention to? That divorce is not a free process. Just like getting married. As practice shows, citizens will have to pay for these procedures.

The cost of a divorce in 2016 is 650 rubles. This amount is paid by one of the parties, it is considered for both spouses. Not too much money.

In addition, nerves and time can be included in the unspoken cost of a divorce (from 1 to 3 months minimum). Accordingly, if there are no encumbrances, then the process will take place quickly. But if you have children and common property, you will have to try pretty hard. Now it is clear how to get a divorce quickly in one case or another. It is recommended to think carefully about whether this is really necessary. And just do not submit an application to the registry office or the courts. Yes, you can pick it up within a month, but in this case, the relationship between the spouses is unlikely to improve!

Divorce issue in Family Code devoted to 5% of articles allocated in 2 chapters, in addition, there are many nuances in each a separate case, so I will not be able to fully disclose this topic. Mine is just to give a short guide, by which only the main points can be identified. For more complete information it is advisable to read the code itself or seek legal advice.
Marriage can end by various reasons, they are all listed in the Family Code. I will tell the readers of MirSovetov only about one of them: dissolution of marriage by application, which may come from one of the spouses or both at the same time. The divorce procedure can be carried out either by the registry office staff, or in court.
Let's start with a faster and simpler procedure, it is called administrative and is carried out by the registry office. This is possible for spouses who do not have joint minor children and with their mutual consent. Spouses serve joint statement(or one writes it, and the other signs it outside the registry office and notarizes his signature). When submitting an application, you will need to provide a marriage certificate, an identity document (passport), a receipt for payment of state duty. After expiration due date in one month you come to the registry office and receive a divorce certificate, after confirming your intention to divorce, and in your passport there will be a mark “the marriage has been dissolved ...”. This is the end of it, but keep in mind that if you need to divide the jointly acquired property, you should go to court if you did not have a marriage contract and it is not possible to solve this issue on your own.
The second method - divorce through court - is more complicated, if only because it applies to spouses who have joint children, and it is also applicable in case of refusal or evasion of one of the spouses from divorce. It is important to know that before the child reaches the age of one year, without the consent of the mother, the marriage cannot be dissolved, even through a court.

Things to consider when applying

It makes no sense to go into details if we are talking about disagreement or evasion of one of the spouses (if he does not appear in court, it will simply take time, and at the third court session the marriage will be dissolved without his consent). But for those who have children, it is worth thinking not only about the registration of a divorce, but also about their future life.
Together with the application for divorce, immediately prepare and submit about, if necessary, and be sure to raise questions about who the children will live with, who and in what part will pay child support. This should not be postponed until later, a second appeal to the court will lead to additional loss time, nerves and money. Collection is a separate topic, so I will not go into the details of this issue. But I would like to note that by completely abandoning his decision, you can harm the child in the future, not to mention that you will deprive him of additional opportunities, to which he has every right, receiving material support from the second parent before the onset of majority.

Who pays the state fee for divorce

In order for your application to be accepted for consideration, you must pay the state duty, in what amount to pay it, the registry office staff will tell you. According to the law, if the dissolution of a marriage occurs by mutual agreement of the parties, as well as when, the state duty is levied from both spouses in the amount of 400 rubles from each. In the event that one of the spouses, by a court decision, is recognized as missing, incapacitated or sentenced to more than three years, the state duty is collected only from the spouse who applied for divorce, in the amount of 200 rubles.

We go to court

After all the documents have been collected and 1 month has passed from the date of submission of the application, a court session will take place about the place, date and time of which you will be informed by a summons. During court session You will be asked questions of such a nature as: what caused the discord, who is to blame for it, and is there a way of reconciliation. Based on the answers to them, the court will decide to dissolve the marriage immediately or give time to think. Also, if you have made claims for the division of property and the establishment of alimony obligations, these issues will also be resolved.
I want to note for the readers of MirSovetov that you can independently draw up agreements on the division of property, about who the children will live with after the divorce, and, if necessary, the procedure for meeting the second parent with them, and submit to the judge during the process for approval and giving them legal status ... The court will review your agreements and, if they do not contradict the interests of one of the parties or the children, it will approve them or make its own amendments, which you will be warned about.
To resolve the issue of establishing the amount of alimony, it will be necessary to submit a certificate of income to the court of the spouse who will be responsible for. In addition to alimony for the maintenance of children, the question of the maintenance of an adult may also be raised, for example, if a woman is on parental leave or did not work during marriage in order to manage the household.
After considering the case, the court makes a decision, which can be one of the following:
- dissolve the marriage;
- refuse to satisfy the claim;
- to postpone the proceedings and set a time limit for reconciliation of the spouses (and if the spouses reconcile after this period, close the case).
The court introduces the decision in the case to the interested parties approximately one hour after the hearing. If a decision is made to dissolve the marriage, then after its entry into legal force, and this happens after 10 days, the court sends a decree to the registry office, on the basis of which a certificate of divorce will be prepared and issued. Accordingly, if you do not agree with the decision, then within 10 days you have the right to file a claim for its cancellation and a new consideration of the case.

We receive divorce documents

To obtain a divorce document from the registry office, you will need to provide a court decision and your passport, each of the spouses receives his divorce certificate at the place of residence or at the place of marriage registration. V this document it will be written: between whom the marriage was dissolved, what surname was you, the recipient of the document, during the marriage and after its dissolution, the grounds for the termination of the marriage, the date of dissolution, the date of issue of the certificate, the number of the record of the dissolution.
I would like to draw your attention to the marriage certificate, which was issued in only one copy at one time. It is not withdrawn, but simply repaid, and a woman may need it in the future, this is due to the registration or divorce, and there may well be situations when you need confirmation that “you are in the past” is the same person as “you are in the present ". For example, I ran into this when it seemed very simple question- registration of the child at the place of residence. This process, in the absence of a marriage certificate, which had long been dissolved, dragged on for us for 3 months instead of the prescribed 10 days. Also save for your case, if necessary, they can be restored by submitting a request to the archive of the court in which the case was considered, but this will take some time.

Life goes on

The divorce is over, you have all the documents confirming the new one social status"Divorced (a)", but life does not stand still, it is still moving forward, sometimes too rapidly dragging us into the whirlpool of all new events. I advise you not to plunge into the abyss of thoughts for a long time about why everything turned out this way and not otherwise. Maybe this is fate, maybe you met the wrong person, or maybe you were simply not ready for family life, all this is already "past", and you have a long and happy future ahead of you, which is worth thinking about, dreaming about and setting appropriate goals.