How to file for divorce: the basic rules of divorce

When misunderstandings in the family become critical, quite often the spouses begin to think about where to apply for divorce relevant statements (and how to properly fill in the necessary documents).

I must say that all the documentation related to the divorce is quite simple. It is necessary to note the state body where people who do not want to live together, personal data, address and contact phone number of the defendant and the plaintiff, data on the presence of children (and their number) are turning to. It also indicates the existence of property or other disputes. In addition, before filing for divorce, you should clearly find out for yourself its cause, as it should be formally indicated when completing the application. It is worth noting that most often there is such a causal factor as the discrepancy of the characters. You should also know that when you divorce you need to have copies of all the necessary documents.

Basic rules for divorce

To file for divorce in the appropriate registry office is possible only with the voluntary consent of both husband and wife, as well as in the absence of minor children. At the same time, a certificate of divorce can be collected no earlier than a month. This corresponds to the Federal Law on the Civil Status of the Population.

It should be noted that one spouse can also file for divorce (in certain situations, which are specified in the Family Code). So, to the conditions that allow the annulment of marriage, one can include the conviction of one of the spouses (for three years or more), as well as cases where one of them is recognized as incapacitated or missing.

The Russian Family Code also contains recommendations on how to divorce spouses who can not independently share their property, determine the place of residence of children or the order of paying alimony.

You need to know that in this case you should go to court. You can also apply for divorce through this authority if one of the spouses refuses to appear in the registry office or if there is a small child who requires custody. It is worth noting that in cases where there are misunderstandings regarding a minor heir, applications for divorce are considered only by the district court.

Questions relating to the division of common property for less than 50,000 rubles are settled by a justice of the peace. If the value of the property exceeds this equivalent, then the case is also considered by the district authority.

Determine where to file for divorce, is not a problem. However, the duration of this process is clearly established by law. So, district courts should consider applications for divorce not longer than two months, and the world - in the first month (from the moment when the list of necessary documents was provided). It is worth noting that according to the Family Code, in some cases, the case can be postponed for three months.

In practice, the law governing divorce proceedings can not always take into account all the nuances. Therefore, the beginning of the trial can be repeatedly postponed, which increases the chances of reconciliation between spouses and the preservation of the family.