How to file for divorce - details and nuances
If you decide to break family relationships andsubmit for divorce, discard immediately unnecessary emotions, most importantly, the decision has already been made and it's pointless to worry about it and it's not good for health. Before filing for divorce, take a sheet of paper and for yourself mark the milestones in your family life: marriage, the birth of children, the purchase of things, technology, housing and other things. Minor children in divorce - a separate conversation and we will touch it. And seeing the joint property listed on paper, it will be easier for you to begin the process of partitioning. So, let's consider several situations.
Spouses registered in different cities
Apply in this case is possible.The law permits filing divorce lawsuits at the place of residence of the plaintiff, and not the defendant. If you have underage children who live with you, and travel to the place of residence of the spouse is difficult, you can send an application to the court at the place of your registration. On the other hand, if there are no children, the divorce decision is reciprocal, the application is made only at the marriage registration point. You can send a claim with a valuable letter with a list of attachments or involve in the submission of trusted persons (friends, parents). A sample application for divorce can be obtained from the Registry Office at the place of your current registration. In the event that one of the spouses does not consent to divorce, the application is sent only to the court.
One of the spouses is hiding
Such cases can be caused by a complete anda painful break in relations, debts to creditors, a conviction, a refusal to pay alimony - which just does not happen. If you are in such a situation, contact the magistrate at the place of the last known residence permit of the spouse. A sample application for divorce to a court in such cases can be obtained from a magistrate, in a regular court or legal advice. The filled application is accompanied by a notarized your consent to divorce without your presence, rejection of "time for meditation and reconciliation". Be sure to specify the address to which you will be sent documents for divorce. Before filing for divorce and send a letter, pay the state duty (the receipt also attach to the application).
Divorce and children
By the decision of his wife, a divorce is possible practically inany time, you just need your application. On the part of her husband, this does not always happen: a divorce is impossible if the spouse is pregnant, or the baby is less than one year old. Of course, you can part with your wife, in your power to agree with the "former" on the division of property, material assistance to the child. The official paper on divorce, you can only get after the first birthday of your child. Always remember one thing: how to file for divorce - one procedure, the receipt of alimony for minors - another. And never divorce does not involve automatic assignment of alimony. This is done by an additional application.
Of course, every parent is obliged to take care ofyour child, and vice versa. Making sure to provide children with child support is possible and achievable. But it is better to do it by mutual agreement, and not forcibly. If the relationship is bad, the psychological background before applying for a divorce, the family is not the best. But there is one fact - children grow up and often have their own opinion in relation to both parents. The formation of this opinion under pressure is undesirable. Moreover, deprivation of parental rights does not occur on the basis of a decision on divorce. Nothing prevents a decrepit and aged father or mother, after some time, to sue for recovery of alimony from their own child due to their own incapacity.
For more information on how to file for divorce, you can find out in legal advice if your situation is more complicated than what we considered.