LawState and Law

Divorce through registrar

Divorce is possible in one of two ways: through registrar and in court. In the first case, an obligatory condition is the consent of the two spouses (mandatory). Divorce through the registrar is also possible in cases where the spouse is deemed dead or missing, incapacitated if serving a sentence of imprisonment for more than 3 years. The right to file an application for divorce is also the guardian of the incapacitated.

Divorce through the registrar and the court is not carried out in the absence of consent of the spouse, in the case of her pregnancy, and also during the year after the birth of the child.

A divorce is carried out in the courts, 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 residence or there where marriage was registered. Mutual consent to divorce is reflected in the joint statement. It is drawn up in writing, it must specify 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 .

If the application is received from a person whose spouse is convicted to deprivation of liberty, incapacitated or missing, the registrar must notify the second party or his guardians (trustees) within 3 days, and also inform the time and place of the 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:

  • Passports;
  • 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 verdict on imprisonment.

Divorce through the registrar and its state registration are carried out a month after the application. At the same time, at least one of the spouses must be present. Otherwise, the application will be canceled. Marriage is considered to be terminated upon entry of an appropriate entry into the civil status book. All spouses are given a divorce certificate after the divorce. Until then, they have no right to make a new marriage. The certificate of the spouse can be received both on the day of divorce and later.

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 officially declared dead or missing is announced, the marriage can be restored on the basis of a joint statement by the spouses.

Divorce through a registry office is a simpler procedure 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 be very long. In addition, the court can set a deadline for reconciliation.

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