So it happens and, what is completely unpleasant, thishappens quite often - recently swearing to each other in eternal fidelity and love, people become completely strangers and the most exciting question for them becomes - how to get a divorce? What, then, should be done and where to turn? Chapter 4 of the Federal Law and Chapter 4 of the Family Code "On Civil Status Acts" - these provisions serve as the basis for the divorce proceedings.
At the place of residence of the husband and / or wife or in the placeof the state registration of marriage, an application is submitted to the registry office (joint), which is reflected in Article 32 of the Federal Law. Spouses have the right to apply to this body, when each of them agrees to divorce and they do not have under-age joint children. A separate application of one of the spouses is allowed for a valid reason (illness, long business trip, etc.), however, in this case the signature on a separate appeal must be notarially certified.
How to get divorced if your spouse hasminor common children? An exception to the general rule is the recognition of one of the couple as missing or incapacitated, or serving a term of imprisonment (more than three years) for the commission of a crime, as indicated by the Family Code (Article 19, paragraph 2). In the case under consideration, the application to the registry office is filed by the husband / wife or a guardian appointed to one of them (in case of incapacity) (art. 16 of the ICC clause 2).
When the expiration of the period from the filing date expiresapplications for divorce (one month), there is an act of divorce, with the process necessarily presence of at least one of the spouses (FZ, art. 33 para. 4, SC Article 19, paragraph 3). The question of how to get divorced is exhausted - the ex-husband and wife receive a certificate confirming the dissolution of their union.
The state duty is charged for conductingstate registration of divorce (including the issuance of certificates of divorce) in the amount of 400 rubles. When the dissolution of marriage with the missing, convicted or incapacitated occurs, the state fee is cut by half and amounts to 200 rubles.
How to get a divorce when there is no mutualconsent to divorce or is there a minor common child? Definitely, only through the court. In addition, this issue is resolved in the presence of the judge, and when one of the spouses has previously agreed to dissolve the marriage in the registry office, later began to evade divorce (SC Article 21). A state duty in the amount of 400 rubles is paid for a statement of claim (NK Article 333.19, subparagraph 5).
How to get a divorce from a wife without her consent? Immediately you can make a reservation that the divorce is notIt is possible if the spouse is pregnant or the child is not yet one more year old. Even if the child has died, without the consent of the wife, the issue of divorce until the year is not considered by the court. In other cases - exclusively through the court. And the wife has the right to maintenance from her husband until the child reaches the age of three years, of course, if the content of the former spouse is possible (CC of the Russian Federation, art. 89, para. 2). Dissolution of marriage without the consent of one of the spouses is carried out in the event that the court establishes impossible further preservation of the family and their joint residence.
In other cases, the court has the right not to consider the case ofdivorce without the consent of one of the spouses for a period of up to three months. How to divorce correctly in this case? After the time for reconciliation expired, the court appointed and the desire to divorce from one of the married couple still did not disappear, and the measures were unsuccessful - the court considers the claim and the divorce is effected.
Usually, simultaneously with the filing of a statement of claimon the dissolution of the marriage union, the spouses submit to the court the following agreements: on the division of property, alimony, on the place of further residence of a minor common child. When these agreements are not available, the spouses have the right to raise the issue of the requirement to consider these issues in the judicial divorce proceedings (SC Article 24).
