In accordance with the articles of the Family Code,divorce can be effected through a registry office or a court, which means that the package of documents will be different. Documents for divorce for the registry office and the court are slightly different. What exactly you need to provide - you can check with lawyers or look at special stands in the registry office or in the courthouse.
To terminate a marriage through a registry office it is possible in those cases if:
- there are no common minor children;
- the spouses voluntarily agree to terminate the marriage.
The procedure is quite simple: the couple go together to the registry office and file documents for divorce:
- joint application of the established pattern;
- the original of the certificate of marriage registration;
- a certified extract from the house book issued to the spouse submitting the statement of claim;
- original receipt of duty payment.
A written joint statement "On divorce" of the established sample is filed at the place of residence of the spouses (both or one of them) or at the place of marriage registration.
If, when writing a joint statement, one of thespouses can not be present for good reasons (business trip, illness, living in a remote area), it is possible to file separate applications, provided the notary certifies his signature.
As a rule, the registry office does not ask aboutthe reasons for divorce, the problem of preserving the family, do not give time to think about the act and possible reconciliation. But the indirect influence of the registry office on the decision made by the spouses is undoubtedly: the formal dissolution of marriage and the issue of certificates will take place only after 30 days, so the reconciled spouses can withdraw the application within this period.
Such a divorce does not require an additional visit to the registry office, it takes a little time and money.
If within 30 days the application for divorcethe spouses are not withdrawn, they after the specified period come to the registry office for a certificate of divorce. In the passport a seal is placed on the dissolution of the marriage, and a record is made in the registry book of the registry office. In the event of a divorce in a registry office, the actions of spouses through a representative are not allowed.
Divorce through the court. What documents are needed for divorce
Divorce in a judicial procedure is carried out in cases when:
- spouses have underage children;
- one of them does not agree to a divorce;
- one of the spouses avoids divorce through a registry office.
One of the spouses can apply for divorce:
- the statement of claim of the established sample, in which the reason for the divorce is indicated;
- a copy of the application for the defendant;
- copies of the birth certificate of the child or children;
- the original of the certificate of marriage registration;
- a certified extract from the house book issued to the spouse submitting the statement of claim;
- the original receipt of payment of the fee;
- if the application is submitted by the spouse, but in the family there is a kid up to 1.5 years, then you need a written consent to divorce from the spouse;
- petitions (for example, on payment by installments of state duty, etc.).
There are special cases when the question of how to file documents for divorce, it is better to first decide with a lawyer.
The judge accepts the statement of claim for production,after which the stage of preparation for the trial begins: the parties are explained the rights, the defendant's opinion on the divorce is clarified, the parties' evidence is examined.
At all stages of the judicial proceedings in the casethe judge seeks to reconcile the spouses and keep the disintegrating family, especially if the couple has underage children. The judge may postpone the proceedings in order to reconcile the spouses on his own initiative or at the request of one of the parties. The law provides a period of up to three months. If the spouses are reconciled, the proceedings are terminated. Otherwise, spouses are bred in 30 days. When the decision comes into legal force, the spouses can receive an extract from the decision.
