LawState and Law

The order of dissolution of marriage in court

Unfortunately, not all married couples live peacefully and cohesively. In recent years, there have been frequent cases where young people who have just got married do not pass the test of cohabitation and decide on a very important step - the dissolution of marriage. Divorce is a process after which marital relations are terminated. The reasons leading people to this act are many. It can be both adultery, and alcohol intake, and indifference to the children of one of the parents, etc.

Procedure for divorce

Before starting the process of divorce, the judge finds out whether there is an opportunity to save the family and cohabitation of the spouses. If the husband or wife declares their desire to reconcile with their second half, the court can give extra time and postpone the divorce process for a certain period (about three months). At the end of this time, the procedure for the dissolution of marriage provides for a new court hearing at which the results of the truce are known (or vice versa). If the measures taken have not exerted the necessary influence, and the spouse (or one of them) still wants a divorce, then the court officially annul their marriage.

Grounds for divorce (judicial order):

  • If there are joint children who have not yet reached adulthood;
  • If one of the spouses has a desire to stop the development of family relations;
  • If one of the spouses does not want to be present at the divorce proceedings in the registry office.

In the event that the desire of the spouses to divorce coincides (in the absence of children), the divorce procedure provides for their divorce without clarifying the reason that prompted them to do so.

What documents are needed to dissolve the marriage

At the termination of marital relations by means of a judicial order, the spouses must provide a written consent to the one with whom they will live (under the age of 18) children. Also for the divorce proceedings , the following documents are required:

  • A claim in two copies and a copy thereof;
  • Certificate of marriage and a copy of it;
  • If there are children, evidence of their birth and copy;
  • Certificate (receipt), which will confirm that payment of the state duty is completed;
  • At a time when one of the spouses can not attend the court session, his claimant must provide a power of attorney in his name;
  • Documents confirming the execution of pre-trial settlement;
  • Claim of property division;
  • Other documents that the court will require.

To the note: forget that each court has the right to provide you with a list of documents required for the divorce procedure.

After the collection of all necessary certificates, a court session (not earlier than a month) will take place, which takes all necessary decisions to terminate or maintain the marriage.

What issues does the dissolution procedure solve?

  • With whom minor children will live;
  • The order at which the payment of alimony and the amount of alimony will be made.

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