Divorce in court is carried out if:
- spouses have joint minor children;
- One of the parties does not agree to divorce, divorce;
- spouse or spouse without objection,avoids the divorce process in organizations engaged in the recording of civil acts, namely, refuses to submit a statement, does not want to appear in the authorities for official registration of the cancellation of the marriage union and others.
Divorce in court begins with the filingdefendant statements at the place of residence. The lawsuit to the defendant, who is outside the country, namely the Russian Federation, or his place of residence is completely unknown, is submitted to the judicial authorities at the location of his property or at the last place of residence in the Russian Federation.
As for the claim, it is submitted to the judicial authorities.at the place of residence of the applicant, if he has children who have not reached the age of majority, or if he is ill and it is difficult for him to get to the place of residence of the defendant.
Documents for divorce through court
The first step is to collect the required documents for a divorce through the court. The most basic is a correctly drafted claim, in which all the rules of the Code of Civil Procedure of the Russian Federation will be observed.
This application provides the following information:
when and where the marriage was registered, whether the children were born to these spouses in the marriage. If yes, indicate their date of birth;
have the parents decided on the upbringing and maintenance of the child;
for what reason, the couple decided to divorce, as well as other nuances that the court will consider, along with the petition for divorce.
In addition to the claim, the original marriage certificate, birth certificate of the child and their photocopies are provided.
Divorce in court obliges both parties.pre-pay the state fee, and attach a receipt for payment to the application itself. Further, the claimant is determined with the court, which will consider his application, but at the same time based on Chapter 3 of the Code of Civil Procedure of the Russian Federation. After that, the application is sent to the office of this court. It can be sent by mail.
It is quite difficult to resolve the issue of transferring the case toconsideration of the judicial authorities, if one of the parties is absolutely against the right granted to him to legally terminate the marriage union in the registry office, avoids submitting the application, commits other illegal actions that prevent the implementation of the divorce.
Divorce cases are considered in open session, and only at the request of the parties, when their intimate life is affected, a closed meeting is held.
The decision of the court to dissolve the marriage is made if it has been established that living on the same living space and keeping the family does not make sense.
Usually application for divorceconsidered with the participation of both parties or their representatives. The judicial authorities have the full right to consider cases in the absence of the defendant, if information on the reasons for his failure to appear is missing or these reasons are disrespectful.
Divorce in court occurs throughoutone month from the day when the application for termination of the marriage was filed. Marital relations are considered canceled from the moment when the decision of the court came into force.
Как только аннулирование брачного союза в суде it was recorded that, within three days from the date of the legal action of the decision, an extract from this resolution is sent to the organization dealing with the civil status records at the place of official registration of the marriage union.
Each of the parties may not enter into new marital relations until receipt of a certificate of the annulment of marital relations in the organization of the registry office at the place of residence.
