Divorce through registrar
Divorce can be effected by one of thetwo ways: through registrar and in court. In the first case, the obligatory condition is the consent of the two spouses (mandatory). Divorce through the registry office is also possible in cases where the spouse is deemed dead or missing, incompetent if serving a sentence of imprisonment for more than 3 years. The right to file an application for divorce has also a guardian of incompetent.
Divorce through the registry office and the court is not carried out in the absence of the consent of the spouse, in the case of her pregnancy, and also during the year after the birth of the child.
Divorce is carried out in a judicial procedure if there are underage children, because the state protects their interests, or a dispute over property, as well as other circumstances.
The procedure for applying to the registry office
To address it is necessary in the REGISTRY OFFICE on a residenceor where the marriage was registered. Mutual consent to divorce is reflected in the joint statement. It is drawn up in writing, it must indicate the date of compilation. If one of the spouses can appear for the compilation of this document can not, it is possible to write separate applications. At the same time, in order to formalize a documented divorce through a registry office, he must notarize his application.
When an application is submitted by a person, the spousewho is sentenced to deprivation of liberty, incapacitated or missing, the Civil Registry Office within 3 days must notify the second party or its guardians (trustees) about it, and also inform the time and place of state registration of divorce. An incompetent or convicted spouse is required to provide information about the surname they will choose after the divorce.
How to apply for a divorce through a registry office? Documents that will be required:
- Marriage certificate;
- a statement of its dissolution;
- receipt (state fee);
- a copy of the court's decision to recognize the deceased, missing;
- a copy of the sentence on imprisonment.
Divorce through registrar and its state registrationare carried out one month after the application is submitted. At the same time, at least one of the spouses must be present. Otherwise, the application will be canceled.
A joint statement may be withdrawn by one of the spouses in writing. The registrar must notify the other party in writing about this.
In the event that a person who is officially deceased or missing is announced, the marriage can be restored on the basis of a joint statement by the spouses.
Dissolution of marriage through registry office - more simpleprocedure than through a court. If there is a need to carry out a divorce quickly and without undue delay, it is better to file a mutual declaration. Judicial review can take a lot of time. In addition, the court can set a deadline for reconciliation.