How to apply for a divorce - where to apply for a divorce

When the family disintegrates, and yesterday's spouses begin to understand that divorce is absolutely inevitable, the question arises - how to apply for a divorce? Where to apply for divorce? We will analyze typical situations, where and how to apply for divorce application.

The application form, which is made before the divorce, is simple enough. The application should include the name of the state body that will examine the application, provide personal information, full address and telephone number of the plaintiff and defendant, indicate the presence of children and their age, the existence of property and other disputes. It is also necessary to indicate the formal reasons that led to the divorce in the statement of claim. The most common reason for a divorce is to indicate that the husband and wife did not agree with the characters. It is necessary to attach copies of all the above documents to the application.

Procedure for applying for divorce

An application is submitted for divorce to the registry office only if the spouses both agree voluntarily for divorce, and also if they do not have underage children. Within a month, according to the Federal Law on Civil Status Act, the Civil Registry Office should issue a certificate of divorce, now to ex-spouses. In this option, some exceptions are permissible, when one spouse can file a divorce application with the Registry Office, even with underage children. It becomes possible when someone from a spouse has committed a crime and was sentenced for three years or more;if a special commission has recognized a spouse as incompetent;if one of the spouses was declared missing. All cases where you can get a divorce in the registry office of one spouse, even with the presence of children are reflected in the articles of the Family Code of Russia.

In the Family Code of Russia, article 19 recommends the spouses to file an application only through the judiciary, in the event of a dispute over the division of property, if they both fail to agree on payment of alimony for a minor child. The court also needs to be contacted in case there are disagreements about the child's place of residence and the methods of his upbringing.

In accordance with the Code of the Russian Federation, Article 21, if someone does not want to give their consent to divorce or simply does not want to come to the registry office, they will have to file an application only with the judiciary. It is best to dissolve a marriage through a court in the event that there is a minor child.

The issue of divorce can also be decided by a district or world judge, depending on the origin of disputes during the divorce. According to the Civil Code of the Russian Federation, Article 23, if by mutual consent parents decide voluntarily the fate of children, the issue of divorce can be accepted by a justice of the peace. However, if there are disagreements between the spouses about minor children, the application for divorce is submitted only to the district court.

As for the division of the acquired property, the issue can be solved in different ways. If the amount of joint property acquired in marriage does not exceed 50 thousand rubles, the decision of mutual claims can be made by a justice of the peace. If the property is valued in a large amount, it is necessary to file a divorce application with the district court.

Where to apply for divorce

It is important at the outset to determine which court of instance it will be necessary to file a divorce application.

According to the Civil Code of Russia, article 28, the claim for divorce must be submitted to the district court by the defendant's residence. But in some cases, the plaintiff, if minor children live with him, or if he also requires the appointment of a child support payment for divorce, then the application for divorce must be filed in accordance with the plaintiff's residence. The question on the division of property of spouses should be decided in the place of finding this property.

Timing for the consideration of the divorce case of

Article 154 of the Civil Code of Russia regulates the time limits for resolving disputes that are established for district courts. This period is two months, and in the world court one month from the moment when the application for dissolution of marriage was filed. The Family Code of Russia permits the adoption of a decision on divorce not earlier than one month after the filing of the claim for divorce. In some cases, a divorce case can be postponed even within a three-month period.

The practice of decisions on divorce in courts shows that the law can not always provide for all the nuances arising during divorce cases. Therefore, at the Plenum of the Supreme Court, a resolution was adopted "On the application by the court of the current legislation in the consideration of the case on divorce".In the tenth paragraph of this resolution it is stated that the court has the right to postpone the hearing of the case repeatedly in order to give the spouses a chance to reconcile. However, in the aggregate, the period for transferring the decision can not exceed three months from the date of submission of the application for divorce. In 2007, the Plenum adopted an additional explanation that if the plaintiff did not appear at the court session and after the deadline appointed by the court, the statement of claim can not be satisfied.

The decisions of the Plenum also provided for a situation where it is not possible to locate one spouse with whom the plaintiff wants to divorce. In such cases, the plaintiff must apply to the district court at the last residence of the defendant.

And although the procedural code of Russia regulates the procedure for the divorce proceedings in detail, the Supreme Court supplemented the code and ordered the courts on the ground to treat divorce cases as closely as possible. If there is at least a small opportunity to reconcile the couple, the court must use it. If reconciliation is not possible, under no pretext, the spouses should in this case provide a clear evidence base.

Legal assistance in the division of property in the process of divorce

The filing of a divorce petition when dividing the property must be made to the district court. This category of family dispute is the most difficult and often requires the participation of a competent and experienced lawyer specializing in civil matters, since the consideration of the case depends entirely on the nature of the property, the participation of a mass of witnesses and even third parties. Not all the points and nuances of disputes over sharing of acquired property are taken into account by the current legislation, therefore it is very important to take into account similar cases and the jurisprudence of a lawyer.

Consideration of the application for divorce through the courts must take into account all the requirements of both spouses and may well require qualified legal assistance, as well as advice on family law. And although the laws in force clearly and in detail regulate the divorce process, provide for the emergent nuances, there are a lot of issues not considered in the legislation formed by judicial practice. So, filing a divorce petition and the whole process of divorce leads to a number of problems that need to be solved preferably peacefully, these are the destinies of your children, numerous property relationships, and other problems.

We recommend that you read:

• How to survive a divorce from your husband
• How to get out of depression after a divorce
• Causes of family conflicts