Divorce papers without children. What documents are needed for a divorce

The procedure for divorce through the registry office is the fastest and easiest way to divorce between spouses. Therefore, it is the most popular.

A month after the couple left the documents for divorce in the registry office, they will be able to free themselves from family ties. can drag on for a much longer time.

Does the registry office always breed?

According to Article 19 of the Family Code of the Russian Federation in the registry office, spouses can only divorce their marriage in two cases:

if the decision to break the yoke is mutual,
if in marriage they did not have time to get common children.

In the same article of the RF IC, the legislator provides for three more reasons when marriage can be terminated in the registry office, and at the request of only one spouse:

if the second spouse is declared dead or missing by a court decision,
if he has lost his legal capacity, and this is confirmed by a court decision,
if he is sentenced by the court to serve a real term of more than three years in a correctional institution for committing an unlawful act.

In all other cases, only a judge will be able to terminate the marriage, after filing the appropriate statement of claim.

If there are unresolved issues of a civil nature between spouses, despite mutual agreement on the termination of marriage - most often these are disputes about joint property, then they will have to be considered in court. For this, after a divorce in the registry office, you need to file a lawsuit with the justice of the peace or in a city or district court.

Which registry office to contact

Spouses will be able to submit documents for divorce at the registry office to one of the territorial departments of this body: at the place of registration of one or the other spouse or to the one where their union was previously registered. Here everything is decided by the convenience and accessibility of the institution for divorcing.

There are situations when one spouse fails to appear for divorce under any circumstances. Then the legislator gives him the opportunity to write an application for a divorce outside the registry office and transfer it through another spouse, or send it by mail. But there is an important condition: the signature of this absent spouse in the application must be endorsed by a notary. And if this spouse is in prison, then the head of the corresponding correctional institution.

Not every reason for failure to appear for a divorce will be considered by the registry office employee as valid, but only the following and the like:

in view of a serious illness,
due to being in the army,
due to departure on a long trip over a long distance,
due to living in hard-to-reach areas,
in view of serving the term of imprisonment.

How to make a divorce application through the registry office

To dissolve a marriage on the basis of Article 33 of the Federal Law "On acts of civil status", by mutual consent of the husband and wife, you need to fill out form No. 8. It should indicate:

Name of both spouses
date of birth
place of Birth,
citizenship,
nationality,
residential address
passport data
information about a previously registered marriage,
and also what surnames will remain with the spouses after the divorce.

The statement is signed by both spouses. Either everyone fills out and signs his application, but they must be identical.

Form No. 9

If you file for a divorce without the presence of your husband, as in court, he was recognized as deprived of legal capacity, missing or sentenced to a real term of imprisonment of more than three years, then you need to fill out a form in form No. 9, according to article 34 of the Federal Law "On acts of civil status".

This form contains similar information about both spouses, as well as information about the relevant court decision. A copy of the solution also needs to be attached. If the husband is serving a sentence in prison, then indicate where exactly. Then the applicant must indicate what last name she wishes to receive after the divorce, and signs the application.

The application of form No. 10 in accordance with Article 35 of the above federal law is submitted to the civil registry office when the decision on divorce has already been made by the court, it only needs to be registered and a divorce document should be received. You can find a sample of any of these applications for divorce through a registry office at the end of our article.

If the application for divorce is drawn up correctly, then the registry office specialist assigns a registration number to it and sets the date and time of registration of the divorce, as noted on the top of the form.

Divorce proceedings have legal status and are regulated by the Family Code of the Russian Federation. It is carried out through the district registry office or in the courts. Those who are faced with this difficult and not very pleasant process need to know what documents are needed for a divorce. Let's analyze the nuances of the composition of the package of necessary papers for specific cases, find out what is the size of the state duty, how the divorce procedure itself goes.

How to file for a divorce

The official divorce is carried out by two state authorities: the court (district, city, world) and the regional registry office. In the second institution, a divorce is executed upon mutual desire, at the initiative of one spouse, when the second is declared missing or incompetent, has been serving a sentence for a crime for more than three years. The courts consider claims from spouses who have property claims against each other or minor children, when one does not share the desire of the second half to terminate the marriage.

If there is a child

It matters how old the divorcing spouses are. Minors are one thing, children after 18 are another. In the first situation, only the court is authorized to divorce the spouses. It doesn’t matter if the parents agreed on child support, “separation” of the children, etc. Even if all aspects of life after the divorce are agreed, it is necessary to contact the court of first instance or the world, and which one, we will examine in more detail.

Minor

For divorcing spouses with minor children, it is better to immediately go to the justice of the peace, even if there are no factors complicating the procedure:

counterclaim or accompanying lawsuit (on divorce, on establishing paternity, changing the name of the child, etc.);
disagreement about children after a divorce;
child support disputes;
property claims.

When the divorce is complicated by the moments when the positions of the spouses are contradictory, a lawsuit should be filed with the court of the city (district) in which the applicant (plaintiff) lives. To resolve all disputes relating to children, each spouse needs to stock up with supporting and refuting documents, which will help in making the right decision.

Adult

When there are adult children in the family, the registry office is authorized to conduct a registry office, but only subject to the mutual consent of the divorced, their lack of property claims. The application of only one party is accepted when the other spouse is declared missing or incompetent by the court. In the remaining cases, all questions of divorce in the presence of adult children are decided only by the court.

What documents are needed

The set of documents required to complete the termination of the marriage depends on the conditions and place of the procedure. The package of papers will be minimal during the administrative procedure (through the registry office), and during the trial many additional certificates, extracts from the archive, characteristics, etc. will have to be collected. To insure yourself against possible paperwork complications, make a detailed list of all documents and their copies.

Through the registry office

What is needed for an administrative divorce when both parties want it? Firstly, it is necessary to resolve material disputes by concluding a mutual agreement about, and secondly, to collect (fill out) and submit documents and their copies:

model application;
all copied passport pages;
document on registration, family composition;
property agreement;
marriage contract;
original plus copy of certificate;
duty payment receipt.

Through the court

If the husband and wife could not agree on a divorce, property issues or have children under the age of 18, an application for divorce to the court is necessary. It is drawn up by one spouse, the second acts as a defendant. To find out what the necessary documents for a divorce are needed, it is possible on the information boards of judicial institutions or on their official websites. A typical set of required papers includes:

Correctly written statement of claim.
Certificate of family composition, registration.
Duty receipts.
Original and copy of certificate.
Passport with a copy.
Documentary evidence of the weight of the reasons for the divorce.
Birth certificates of children (minors).

Unilaterally

When the presence of the second spouse is impossible for weighty reasons, a divorce in the registry office and the court is carried out on the initiative of only one. Then the divorce initiator needs to collect a package with documents:

three copies of the application in a standard form;
state duty receipt;
marriage certificate plus a copy of it;
certificates taken at the place of registration of both spouses;
document confirming the incapacity (other reasons for the absence) of the second divorcing person.

How to apply

It is possible to file for a divorce at a personal visit or remotely. A written or electronic application is submitted only to the regional authorities that provide this service. There is the possibility of filing a joint or individual (from husband or wife) document in other cities. Let's consider in more detail how to file for a divorce in specific cases.

In the registry office

Here they will accept the application only under certain conditions:

Consonants to a divorce do not have children (minors), contradictions in the property section. The application is drawn up on behalf of both spouses and if they do not change their mind after a month, then they withdraw the certificate of divorce.
One spouse was missing, incompetent, or the applicant’s husband (wife) has been serving a sentence for a crime for three years. The applicant will be given a divorce stamp immediately.

In the application form, you must complete:

full name of the registry office;
Name of applicant;
complete data on both spouses (passport, address, etc.);
reason for divorce;
surnames that the spouses will receive after the divorce;
filing date;
signature of the applicant.

To court

Before writing a divorce application, it is advisable to find out which judicial authority to apply to. In case of material disputes between spouses (property value is above 50 thousand rubles) and the need to establish paternity - to the district (city) court. In all other cases, the application will be considered by the justice of the peace. This is a standard document, a sample of which is presented on the information boards of the courts. The following must be indicated in the statement of claim:

full name of the court;
Name of applicant;
complete data on both spouses (passport, address, contact, etc.);
number and date of marriage certificate;
the reason the marriage is annulled
information regarding children and their upbringing (content);
list of witnesses in favor of the plaintiff;
evidence confirming the truth of the reasons;
list of attached documents;
filing date;
signature of the applicant.

In another city

The possibility of submitting a standard application to a court or registry office remains when one of the couple lives in another city. But there are some nuances here:

In the absence of children under 18 years of age, property and other claims - a divorce through the registry office. The application must be submitted jointly or by proxy, at the place of residence or marriage registration.
Divorce through the court at the place of residence of the defendant. If it is unknown, then at the address of its last registration or location of real estate.
Through the court at the place of residence of the applicant. This option is possible when children under the age of 18 live with the plaintiff, or he is not able to move.

Through the Internet

Previously, it was possible to remotely submit an application on the official portal of the State Services. Now, an application via the Internet is submitted only on the websites of specialized institutions (courts, registry offices), where this function is provided. Another opportunity is to use the services of a company specializing in divorce proceedings and fill out an application on their website. How to do it? Necessary:

Find a company in your area.
Register on its official website (write personal data, passport details, phone number and insurance certificate, e-mail).
Fill out the online application form.
After checking the data, confirm your identity (electronic signature, bank card, etc.).

State Duty Size

The tax is levied for the services of state institutions in the divorce proceedings. At the end of 2015, her amount for the lawsuit filed was:

without mutual claims - 600 rubles;
divorce and division of property - 600 rubles plus 4% of its value.

According to the Tax Code, the application and certificate fees are:

by mutual agreement - 650 rubles each from husband and wife;
in case of divorce by a court decision - 650 rubles each;
with the recognition of loss, incapacity or because of the imprisonment of one spouse - 350 rubles.

Last year, the media excited the population with information about the increase in state fees for divorce up to 30 thousand rubles. Such cost was provided for in the new bill, which was not adopted. Therefore, before amending the Tax Code of the Russian Federation, the amount of the fee for a divorce remains the same. Disabled plaintiffs are exempted from its payment. If you divorce you will not have to pay money for statements and claims:

collection of documents;

filing a statement of claim;

holding a court session or several;

court decision;

obtaining a divorce certificate.

Not always the divorce procedure ends positively, often the court refuses to divorce. For example, without a woman’s desire to get divorced, her husband’s lawsuit will not be satisfied if the wife is pregnant or the family has a child up to one year old. Other points and nuances of a particular situation cannot be a reason for refusal, but they will easily serve as an excuse for setting a date for reconciliation of spouses.

Video about the registration of a divorce

You want to learn firsthand about the criteria for delimiting the jurisdiction of divorce proceedings. Watch an interview with a lawyer specializing in these matters. Find out what documents you need to provide for a divorce, what copies must be certified, what is additionally entitled to require a judge. Listen to the opinion of the practitioner about the features and differences of the processes through the registry office and the court, about the necessary actions of the plaintiff and defendant.

List of documents

Divorce proceedings

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Divorce is not always the most pleasant procedure, but, according to statistics, half of couples have to go through it in the first 10 years marriage.

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Definition

Divorce is the formal termination of the family relationship of two living people.

Do not confuse divorce with the termination of marriage.

These are not identical concepts! Divorce is one way to end a marriage.

Legislation

As well as marriage, its dissolution is governed by the family law of our country, namely

Directly divorce dedicated to the above code.

Also, do not forget about judicial practice, which is important in cases of divorce.

In which cases

Marriage can be dissolved in 2 ways:

through the registry office. This method is regulated
judicially. Depending on the grounds for divorce through the court, one must be guided

Through the court

Judicial divorce is possible if:

spouses have minor children;
if the second spouse does not agree to a divorce.

During a divorce hearing, the court may also consider cases of:

the appointment of alimony for minor children;
and also a section of the common property of the spouses that was acquired in the marriage.

Video: what documents are needed for a divorce

In the registry office

Guided by the provisions to divorce in the registry office in the following cases:

if both spouses agree to divorce and they have no children up to 18 years old;
if the second spouse is declared missing by the court, then law enforcement bodies have not known anything about his whereabouts for more than six months;
if the second spouse is recognized by the court as completely incompetent;
if the second spouse is serving a criminal sentence of imprisonment for a term exceeding 3 years old.

On this basis, the marriage will be dissolved, even if the second spouse does not agree, and the couple has minor children.

The order of filing with possible nuances

To divorce, you must file:

or an application to the registry office for divorce;
or a lawsuit in court.

There are some nuances of filing documents.

With baby

If the couple has a child aged under 18 years old they can only be divorced in court, with the exception of the cases described in

For divorce, the second spouse files a lawsuit in the magistrate's court at the defendant's place of residence.

If the child lives with the plaintiff, then the claim can also be filed at the plaintiff's place of residence.

If the fate of the child is decided during the divorce, that is, which parent will remain with him, then the lawsuit is filed with the district court.

If no children

If there are no common children, then you can divorce through the registry office, if both spouses agree to a divorce.

A divorce application is filed:

at the place of residence of one of the spouses;
or to the registry office where the marriage was registered.

Without the consent of the spouse

If the second spouse does not agree to a divorce, then you can divorce only through court, with the exception of the cases listed in. The lawsuit is filed with the magistrate court at the place of residence of the defendant.

With the division of property

Disputes with the division of the common property of the spouses can only be decided by the court.

In this case, a claim for the division of property may be filed:

as with a divorce suit;
so for 3 years after divorce.

By mutual agreement

If both spouses agree to divorce, then the divorce occurs through the registry office.

This is possible if there are no common children under 18 years old.

If there are children, then divorce is only through court, even with the consent of both spouses. Just in a lawsuit for divorce, you need to indicate this fact, and then the court will not give the spouses a conciliation period, according to

Change of passport

The spouse who changed his last name in marriage has the right to change his last name after the divorce.

The fact of the change of surname is indicated in:

lawsuit;
then the court indicates it in its decision;
and already after in the certificate of divorce.

Based on this certificate, the spouse who wishes to change his last name must, within 1 month from the day the court ruling on divorce comes into force, hand in the passport for replacement.

Other

As already mentioned, during the divorce proceedings, the court has the right to consider the appointment of alimony to one of the spouses.

A claim for alimony may be indicated:

in a lawsuit for divorce;
and may be filed in a separate lawsuit within 3 years after divorce.

Statement of claim

The court divorces the spouses on the basis of the statement of claim.

It can be drawn up in any written form, but subject to certain formalities specified in

Sample

A sample claim for divorce can always be found in the registry of the court where the lawsuit is filed. A claim form will be issued there.

What you must specify

The lawsuit must contain information that must be indicated.

name of the court in which the lawsuit is filed;
data of the plaintiff and defendant - full name, address of residence and registration (if they do not match), passport details and contact numbers.

This is the formal part of the lawsuit. Then comes the narrative.

Here you need to specify:

date of registration of marriage;
marriage certificate details;
as well as the date of termination of cohabitation, and the reason for this.

In the “body” of the lawsuit for divorce, it is necessary to explain to the court in a “dry” legal language why further cohabitation of spouses is not possible.

Also here you need to specify:

number of minor children;
dates of their birth;
and details of a birth certificate.

If there are children older 14 years, you must specify their passport data.

Also in the lawsuit should reflect the following points:

if the spouses have reached an agreement on the place of residence of the children after the divorce;
if the second spouse does not agree to a divorce;
if the spouse with whom the children remain to reside requires the recovery of alimony;
if the spouses do not agree on the division of property;
if both spouses agree to divorce;
if the second spouse changes his name after the divorce.

At the end of the claim, you must declare your claims.

For example, “dissolve the marriage between ... .., and recover from the defendant child support in the amount of .....”.

Requirements must flow from the grounds for divorce.

Then the plaintiff:

lists the necessary documents that he attaches to the lawsuit;
puts the date of filing and his signature with the decryption.

List of additional documents for divorce

A package of documents must be attached to the claim.

The number of documents differs when divorcing through the court and the registry office.

In a court

The plaintiff must collect the following documents for the divorce suit:

copy of your passport;
copy of marriage certificate;
copies of birth certificates of children, or copies of passport, if children over 14, but under 18;
certificate of income of the defendant, if the plaintiff requires the collection of alimony as a percentage of the income of the defendant;
calculation of the amount of alimony if the plaintiff requires payment of alimony in a fixed amount;
an extract from the home of a book about who the child lives with;
list of jointly acquired property;
receipt of payment of state duty;
copy of the statement of claim.

Through the registry office

Through the registry office, the list of documents is much smaller:

application for divorce;
passports of both spouses;
receipt of payment of state duty;
if the second spouse is recognized missing or incompetent by the court, then a copy of the court decision;
if the second spouse is serving a sentence of more than 3 years, a copy of the sentence that sentenced is required.

Where to pack

The package of documents is submitted:

together with a lawsuit in court;
or together with the application for divorce in the registry office.

How to submit

You can file a claim in several ways:

send it by mail;

This is done by registered mail with notification.

When filing a lawsuit in this way, it is worth considering the time of writing "on the road." Claim time may be increased days for 10 - 14.

personally bring a statement of claim to court.

The standard list of documents required for divorce (application, passports, marriage certificate, receipt of payment of state duty) may be expanded and changed depending on how the divorce occurs: or. The list of documents is also affected by the presence or absence of additional requirements related to divorce.
Registration of a divorce can be accelerated in time and simplified by submitting an application to the registry office (civil registry office) via the Internet using the State Services website.
Types of Divorce
Depending on the relationship between the spouses, their consent, regarding the division of jointly acquired property and other factors, a divorce can be carried out in one of two ways - through a registry office or through a court. The latter also involves visiting the registry office to register a court decision in the assembly book and obtain a certificate of divorce.
SK (Family Code) of the Russian Federation provides for divorce in simplified form. If the husband and wife do not want to live together, have no children, or their offspring have reached the age of 18, applications from the spouses will be accepted by civil registry offices (part 1 of article 19 of the RF IC).
One of the spouses can simplify the divorce, even if the family has a common child, and the consent of the second half cannot be obtained. It is possible to dissolve a marriage through a registry office without the confirmation of a spouse who has been declared legally incompetent, missing or imprisoned (part 2 of article 19 of the RF IC).
In all other cases, you will have to file a claim and the required documents to courtusing a longer and more laborious procedure. The circumstances that force such actions will be common childrendisputes about their place of residence, lack of consent one of the couple for a divorce or division of common property (Article 21, Article 22 of the RF IC).

If the spouses who want to divorce and raise a child have no disagreements, the court will divorce them quickly without finding out the reasons (Article 23 of the RF IC).
Documents for divorce through the registry office
The easiest way to formalize a divorce is if both parties want it and they have no children. The package of documents in this case is also minimal. After submitting the application, a month will pass in the registration book about the divorce before the registry office employee makes a record.
List of documents
Joint statement of spouses on divorce. If one of the spouses cannot personally visit the registry office on the day of application, he needs to fill out an application and notarize signature on it. The signature of one of the spouses is enough if the version of unilateral divorce prescribed by law is used through the registry office (). Forms for filling can be obtained at the place of circulation.
Passports of husband and wife or one of the spouses in case of divorce at the initiative of one of the parties.
Marriage certificate in the original.
Payment receipt.
If necessary, a document that is the basis for a unilateral divorce: a court decision that a citizen went missing, is incompetent, or is in prison.

If documents are submitted to the registry office after a divorce has been decided by a court, that is, to obtain a certificate of divorce, then an extract from the court decision must be attached. In this case, the application for divorce must be filed according to the established.
Submission of documents
Documents must be delivered and signed personally. If, with the mutual consent of the couple for a divorce, one of the spouses is unable to attend when submitting documents, he writes applications with a request to accept them and notarizes him.
To simplify the divorce by mutual consent, the service of filing an application through the Internet will help. Spouses need to be registered on the State Services website. They need to fill out an application form (each in their personal account), indicate the details of all necessary documents (passports, SNILS, marriage certificates), pay the state fee (also available online). Divorce will occur in a month.

Documents for divorce through the court
The documents that need to be submitted to the court are divided into mandatory and additional, which may be required in various circumstances of the case and in different regions. Before submitting an application to an interested party, it is better to clarify their list. If the spouses have no disagreements about the children, as well as property disputes (or the value of the divisible property does not exceed 50,000 rubles), then they should contact the magistrate's court. In this case, the divorce will occur at least a month after the first treatment.
If spouses have disputes about children or share property worth more than 50,000 rubles, then documents must be submitted to the district judicial authority, and the process of office work may be delayed.
List of documents
Statement of claim asking to terminate the marriage. It can be drawn up in a more formal form, if both spouses agree, or with a detailed indication of the reasons and circumstances, if the initiative comes from one of them. The latter is necessary in order to convince the court to divorce, because the judges will try to preserve it.
Originals of the civil passports of the spouses (or only the plaintiff, if the desire for divorce is not mutual).
Copies of children's birth certificates (if there are children under the age of majority).
Certificate of family composition or extract from the home book of the plaintiff (if the documents were filed with the court at his place of residence) or the defendant (respectively). In some regions, it is not required. Sometimes it is necessary to provide extracts from the places of registration of both spouses, this point must be clarified directly in court.
Original marriage certificate.
State duty receipt. Its size will vary depending on the circumstances of the divorce.

If one of the spouses is unable to attend the hearing, but is ready to divorce, you need to attach his statement of consent to the divorce. This will help speed up the divorce process.
Submission of documents for divorce through the court
A party seeking a divorce should file a lawsuit at the place of residence of the defendant.
In some cases, it is allowed to appeal to the local court of the region (city, district) in which the initiator of the process is registered. Among them: accommodation of common minor children with the plaintiff; simultaneous with the demand for divorce, a claim for the recovery of alimony; poor health of the applicant.
Magistrate's Court consider the lawsuit if the spouses have an agreement with whom the children will live; the question of the division of property is not considered, or it is assumed that the property will be divided into the amount of 50 thousand rubles. Be sure to comply with the totality of these conditions.
In other cases, the case will be considered district court.
Documents can be submitted to the secretariat not only in person, but also sent by mail or transmitted through a representative who has a power of attorney from the plaintiff for such actions.

Example. M. and N. got married after M. gave birth to a child from N. There was no information about the father in the birth certificate of the baby. That is, it turns out that they have a common child, but formally married they do not have joint minor children. M. wants to get a divorce and demand child support from the child's father. In this case, you can do so. If the spouse agrees to a divorce, documents should be submitted to the registry office (joint application, present passports, bring the original marriage certificate). If he does not agree, he will have to go to court.
Before filing a claim for alimony is necessary. If the spouse does not recognize that he is the father of the child, paternity may be determined by a court on the basis of genetic examination or other evidence. The establishment of paternity can be performed before the divorce (then the divorce will occur through the judicial authority) or after it (in this case, you can divorce quickly through the registry office).
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Alimony can be claimed only after the recognition of the man as the father of the child. If the establishment of paternity will be carried out before the divorce, then you can apply to the judicial authority with a combined claim - on divorce and alimony.
Conclusion
Two instances can divorce: the civil registry office or the court (world or district).
To dissolve a marriage through the registry office by mutual agreement, a minimum of documents is needed:

Divorce is a lengthy and difficult process. It is not easy passage for each member of a decaying family. But what is needed for a divorce? The most basic indicator is mutual desire, an opportunity to name a good reason and collect the necessary documents.

What documents are needed for a divorce?

Below is a list of documents that you will need in order to file a divorce application with the registry office:

The procedure for divorce begins with a visit to a state institution at the place of registration of one of their former spouses. The registry office is required to write a statement in a special form (the link has a form and a sample). For this, it is enough that at least one of the spouses arrives. It should contain the personal data of those who are getting divorced. These include: place of residence, registration, citizenship, when and where a citizen was born. It is also necessary to indicate information about which surname will be assigned to the spouses after the divorce, the reason for the divorce and the date of submission of documents. The final step in writing a statement is the signature of both spouses;

A prerequisite for divorce proceedings is the presence of a passport and certificate of registration of marriage. The statement itself must also indicate the serial number of the last document;

You will need to pay the proposed fee in a certain amount and present to the registry office a receipt on its payment.

How to file for a divorce?

In the registry office, such a procedure is performed only if if the spouse agrees to take this action, they have all the documents executed, there are no future heirs and legal issues to each other.

In this case, they need to pay at any bank toll , the size of which for 2016 will be 600 rubles per person.

In order to start the process of divorce, as mentioned above, it will take to write an application and provide photocopies of all necessary documents.

For consideration, the spouses are given one month, if during this time they do not change their minds to destroy their family, they will be divorced. Civil registry office employees must issue them a certificate confirming the divorce. A passport stamp is also placed there, which confirms that the marriage is dissolved.

If you want to change the name, you must write a statement about this in the housing complex at the place of registration. For this, it is also necessary to provide a certificate confirming that the marriage has been dissolved, and a receipt for the payment of state duty.

If the perpetrators of the divorce have children who are not yet 18 years old, one of them does not want to get a divorce or has any complaints, then such a divorce is made only by court order.

How is property divided?

For a long time spent together, the spouses make purchases, take loans for real estate, pay them together, buy personal transport and other expensive things.

What becomes of all this after the decision on divorce is made? The very first thing that needs to be done is to find documents for certain property in which it is indicated date of transaction. This is one of the most important points as necessary. prove that it was actually bought in or out of wedlock. If this was done earlier, then it is not subject to division after the divorce.

Jointly acquired property is:

General financial savings;

Securities or deposits;

Real estate;

Transport;

Other expensive purchases.

The implementation of the division of property consists of several stages:

In order to avoid additional spending on filing a lawsuit, it is necessary to find a compromise on your own;

If this did not work out, then it is required to file a suit with the husband or wife in court at the place of his residence. The application must include information on what property is required to be divided and the necessary documents attached to it;

Next, you need to wait for a court decision.

Usually, property is shared between two people who were once a unit of society, in equal shares. The exception is the case when it is issued for a child who at the time of divorce was under 18 years old.

In this case, it is wholly owned by that spouse, with who will the child live.

Unilaterally divorced

It also happens that one of the spouses wants to divorce, but the second of them categorically refuses this procedure. This does not mean that now husband and wife should be married. Divorce can be carried out unilaterally, but this procedure is also carried out through legal organizations.

One of the members of a decaying family must file a claim with the authority at the place of residence that he wants to end the marriage, be sure reason requiredby which he wants to do it.

According to the standard scheme, they are given a certain time for reconciliation, after which only the first trial passes. In total, the second spouse must receive three subpoenas for the hearing, if he did not appear at them, then divorce proceedings are carried out without his consent.

However, representatives of the judiciary are also considering the reason why he did not do this, if it turns out that he did not receive a notice, then the case may be reviewed.

If the spouse wishes to get a divorce, but one of them cannot come to the meeting, then it is enough for him to write that he agrees to a divorce or to ask in writing to postpone the date of the consideration.

The unilateral termination of family relations is one of the longest processes that can last more than one year.

What if the spouse is legally incompetent?

A spouse recognized as legally incompetent cannot participate in a divorce proceedings. His interests in court will be represented by a third party, which may be a relative, close acquaintance or legal entity. First of all, it is necessary to prove that a person is really incompetent. To do this, you must bring to court certificate from the attending psychiatrist.

Who are the children with?

Usually, after the divorce, the common babies remain with their mother, according to the documents, but there are exceptions. What is needed for a divorce in such a situation? Spouses must provide information about their residence and basic earnings. In some cases, a representative of a government organization determines with whom the child will be better off.

Video: documents for divorce

In this video, lawyer Yulia Anakova will tell you what documents you will need to apply for a divorce, give recommendations, describe the basic rules, and also tell you how this process can be accelerated and facilitated: