Application for divorce through court. Divorce through the courts: documents
Divorce is a difficult episode in family life. But if the spouses approached this question with full confidence, this morally complicated procedure will be necessary to pass. And very often most people do not know how to start the process, what documents are needed for this, where to file them, for how long the divorce procedure will last. Do not forget about the fact that according to the Family Code, Article 17, if your spouse is in a position or your child is still very young, that is, his age has not reached 1 year, your application for divorce through a court will be rejected, and the termination marriage will be impossible. Such restrictions do not exist if the claim is filed by a woman.
Where to go
It depends on some factors:
- absence of children under the age of majority;
- absence of claims to joint property;
- Both sides agree to divorce.
If your case includes all three conditions, thentime and nerves on the procedure you will spend a lot less. The application applies either to the registry office at your place of residence or to the authority where your marriage was registered. A month is allocated for making the decision, after you have handed over all the necessary documents.
Conditions for applying to the court
The conditions for applying to a court for divorce are:
- presence of underage children in the family;
- disputes on joint property;
- your half does not agree with the divorce;
- if no agreement is reached with whom the children will remain.
In order to file for divorce through court,The statement of claim must be sent to the court to which the place of residence of your spouse belongs, if he lives separately. Another option is possible, if the claimant has a dependent child who has not reached adulthood, the application for divorce through the court can be submitted by the applicant at his place of registration. The first meeting on your application will take place in a month, which will be notified to you by a summons to the judicial institution.
Documents for submission to court
Of course, it's impossible to divorce at will, there are certain rules to divorce. Documents, application - all this must be submitted without fail.
Divorce is a procedure for which the following documents should be provided:
- Application to the registry office or judicial institution. A lawsuit is being filed for divorce through a court. A sample application is written only in writing.
- Passports of the plaintiff.
- If you have children, you need to provide copies of birth certificates.
- Payment of state duty (must be confirmed by a bank receipt).
- A copy of the marriage certificate.
- Information from the place of residence.
Required documents, including applications for divorce through the courts, are submitted personally or by registered mail.
Expenses for divorce
Divorce absolutely free of charge will not work. If there are no additional claims for division of common property, maintenance by alimony, then the only expense will be payment of a state fee from each spouse, regardless of whether you filed an application for dissolution in a judicial institution or registry office. Its size is 400 rubles.
If you can not file your application yourselffill in the standard form of divorce through the court and formulate all the necessary conditions and requirements, then you will need professional help from a lawyer. The services provided by a lawyer for processing documents, you have to pay. In the application there must be many factors: to indicate passport data, data on the registration of marriage, the causes of divorce. If there are additional claims, information about them is also included in your application.
You need to be patient, because the procedurenot fast, and at the first meeting the decision will not be rendered. The length of the trial depends on your personal circumstances. The judge, by all rules, will have to appoint a second hearing on your case.
On the first examination will be read by your judgerights and obligations. Having considered all your arguments and claims to each other, the judge will appoint a time for possible reconciliation, from one to three months. Most likely, this term will be limited to one month, and a second hearing will be scheduled. It should be noted that the appearance of at least one of the parties is mandatory, if there is a failure of both parties to attend the second hearing in a month, your application for divorce through the court will be automatically canceled.
At the end of the allotted time, the secondprocess, you will be asked if you have changed your decision in a month. If this does not happen, the judge issues a verdict on divorce. Now you need to get an extract with the decision of the court and go to the registry office, where you will receive a certificate of divorce. Only from the day when the entry into the list of registrations of acts in the registry office is made, your marriage will cease to exist. Your second half can always refute the dissolution of marriage, for this purpose a petition for cancellation of the court decision is filed. This can be done after receiving a copy of the documents on the conclusion of the court in his hands.
Failure to Appear
You can get a divorce through the court, even if your half does not agree with your decision and rejects the statement of claim.
In the event that the defendant is categorically notagrees to divorce, therefore ignores attendance, the hearing will be postponed 3 times, each time for a month. If the defendant does not show up, then you will be automatically divorced and you will be completely free.
The defendant is not against the divorce, but the circumstancesare formed so that it is not possible to be present at the examination? In this case, the court may postpone the date of the hearing. Another defendant can instruct his representative to attend the trial instead of him, having previously issued a power of attorney from a notary.
Situations in family life are different, reachessometimes to the point that cohabitation becomes simply unbearable. Many divorces are committed in a fit of hatred. Always it is necessary to approach soberly to this decision, with a cold mind, and not in emotional heat. On emotions very often people make mistakes, which they later regret. That's why a divorce is worth thinking only with a cold head. After all, family happiness, home coziness and warmth are values worth fighting for. Take care of each other and your family.