Divorce Procedure: How to Make All Right?
In life, sometimes situations arise whereproblems are already too late and radical measures are needed to overcome the existing circumstances that are not in our favor. It is such a difficult situation is the divorce.
When there is a need to go to the registrar for a negative reason, a number of questions appear. What is needed for this? How to do everything quickly and correctly, so as not to delay the procedure?
In principle, the answer to this question isplain. However, it is not easy to understand it yourself, even if you try to study family legislation. Therefore, it is better to get acquainted with the recommendations of specialists.
So, the procedure for divorce begins with the clarification of the consent of both members of the marriage for its dissolution.
Elimination of marriage is possible with the mutual consent of both spouses and by mutual application to the registry offices. In this case, after 30 days, the marriage will be terminated.
The exceptions are cases where one of the twothe spouse does not agree to a divorce, is recognized incompetent, is considered to be missing or is serving a sentence appointed by the court and exceeding the term of 3 years. Only in a judicial order marriages in which there are minor children are dissolved. Then one of the parties filed a lawsuit in court.
In order for the divorce procedure to be possiblebe started by the participants themselves, it is necessary to fulfill the requirements of the court, including the collection of documents necessary for this, the preparation of an application, the filing of prepared papers in court.
The procedure for divorce provides for the collection of the following documents.
- The statement of claim (2 copies);
- Marriage certificate;
- birth certificate of a child (copy);
- copy of the home book, confirming the residence permit of the defendant;
- receipt for payment of state duty;
- Other documents that a court can request for a particular process.
In this case, the participation of both parties incourt sessions. If one of the parties for any reasons (recognized by the court as valid) can not participate in the meeting, the procedure for divorce is postponed to a later date. The date and time of the next meeting are notified in advance.
Date of the court session is appointed after pre-trial preparation, not earlier than thirty days from the date of application.
During the trial you can, if necessaryto carry out the division of property, but this will delay the procedure in time. To prevent this, the division of property can be carried out by a separate process - after the marriage has already been terminated.
Because the divorce procedure is lengthy andpainful for the participants, in recent years increasingly frequent cases of involvement in the process of legal intermediaries - representatives in court. This allows you not to attend the trial personally and save your nerves and time.
Based on the results of the judicial examination of the appealrecognition of marriage invalid issued an extract from the court decision and the marriage can be considered to be terminated. This extract indicates the fait accompli of the divorce, but for the final completion of the procedure it is necessary to apply with this extract to the registrar. Only in this case the divorce procedure is legally considered complete. According to Art. 25 of the Civil Code of the Russian Federation, marriage is considered to be invalid from the date of registration of its termination in the civil status register or from the date of entry into force of the court decision. The court decision must be registered in the registry office at the place of the initial registration of the marriage.
The procedure for dissolution of marriage ends with the fact that the former spouses are issued a certificate of divorce. From that moment they have the right to enter into other marriages.