Many dream of a loved one with whom they will subsequently create a family and have children. Dreams come true, however, unfortunately, life often gives us not only positive emotions. Divorce spouses - it's always unpleasant. Even so, you need to know some rules. Divorce in the registry office has a certain order.
To begin with, it should be noted that there are two cases.
- Termination of marriage, which occurs when one or both spouses are dead.
- Dissolution of marriage in the registry office. It is carried out after the application is filed by one or both spouses and reviewed by the relevant authorities.
In this article we will consider the questions concerning the second case.
Divorce in the registry office can be carried out for several reasons. During the Russian Empire, for example, the main one was called "proven adultery." In addition, there are some other obstacles that interfere with normal family relationships. For example, premarital illness of one of the spouses, or his incapacity. In the second case, marriage (according to the Family Code) is officially recognized as invalid. The absence for a long time (officially - missing) of one of the spouses also entitles the husband or wife to file for divorce. In the event that the cause of the desired divorce is too personal or the couple simply do not want to name it, the law does not prevent it, but only if:
- And one and the second husband agree to dissolve the marriage;
- There are no minor children in the family.
The procedure for divorce in the registry office
First of all, you need to apply. Who can do this? Both spouses. Both together and separately. In the event that the husband or wife is incompetent, the application must be submitted by the guardian. There is no such right for anyone else.
Under Russian law, a husband is not entitled to file for divorce when his wife carries a child. It is impossible to do this within a year from the date of birth. This applies even if there was a miscarriage.
After submitting the application, the spouses are given some time (one month) for possible reconciliation and finding a compromise. In the event that the couple did not change their decision, divorce occurs in the registry office.
When a question arises about the division of property (of course, acquired together), the divorce is carried out in court. In the presence of a marriage contract are based on its provisions. However, in the event that it does not exist, the Family Code provides for the division of property in half. This applies to those things and real estate that were acquired in the process of living together. Gifts made to one of the spouses, and the inheritance received in the list of such items are not included. It does not include what the man owned even before the wedding.
With whom do the children stay? As a rule, with the mother, however, very often this question becomes the main stumbling block. It may also be that the father has better living conditions, more material means, capable of ensuring the worthy existence of children. In this and similar cases, the court makes a decision in favor of the father. At the same time, of course, children's opinion is taken into account.
In principle, these are the main points that need to be known during the divorce process.