The process of terminating family ties, depending on each individual situation, can become either a simple formality or a difficult lawsuit with a lot of negative experiences and sharing of joint property. It all depends on people, on their relationships, decency, judgment and, ultimately, humanity. So what to do if you need to launch divorce proceedings? Where to start and how to arrange everything correctly so that the case does not drag on for several months? The answers to these questions can be found below. The article will also discuss the basic rules for divorce between spouses who have children, common property and the main plots (sections) of the statement of claim.
Divorce by joint will
The easiest way to dissolve a marriage is for both spouses who no longer wish to live in the same family, go to the registry office and write statements to dissolve their marriage. Unfortunately, not everyone chooses such a peaceful path, which Articles 18, 19 of the Criminal Code provide, because, as a rule, one of the parties does not want to let go of their half and does not give a divorce, motivating such a decision either by unwillingness or by the presence of jointly acquired property. This option is not suitable for those families in which there are young children. In this case, there is only one way out - to start the divorce proceedings through the court. Where to start this action? The course of action depends on the situation and circumstances. Below will be considered the most common options for events.
Divorces without having young children
It is clear that if there are no children, then in the prescribed administrative procedure, a marriage can be dissolved in the civil registry office. But this requires mutual agreement. If he is not, then you need to file a lawsuit. It should be noted here that in the application it is important to correctly identify the reasons and grounds for the decision to terminate the marriage bond, only in this case the process will not be delayed.
Divorce when there are children
If the spouses have joint young children, then divorce, according to Article 21 of the UK, is possible only by a court decision. Usually judges do not make hasty decisions and give time for both parties to consider and weigh their decision. First of all, this is done in order to protect the rights of the child to live in a full-fledged family, with his father and mother. So that this process does not drag on, you need to thoroughly prepare for it. What does this mean, how to start preparing for a divorce and with whom will the child remain after him?
The law provides that even after the divorce, both parents have equal rights to the baby, but almost always leave the small children with their mother, and in children over 14 years old, the court is interested in who the child wants to live with.
Returning to the preparation, it must be said that it is very important to show the court that delaying the decision can negatively affect the mental or physical health of the child, if there are preconditions. These are:
- inappropriate behavior of the mother or father;
- alcohol, drug or gambling addiction, confirmed not only by the words of the plaintiff, but also by witnesses, all kinds of certificates from medical institutions, if the defendant is registered, as well as characteristics from work;
- recorded by law enforcement agencies and witnessed facts of cruel treatment of a mother or child, which will make the divorce process the fastest.
Where to start collecting facts? It is clear that anything can happen in life, and no one is safe from nervous breakdowns, but if rough treatment becomes the norm, it is logical that before going to court, you need to collect evidence so as not to look like a slanderer. However, this does not mean that you need to sit and wait for the second half to raise their hand again in order to fix this fact for the court.
Divorce proceedings with division of property
Divorcing when there is joint property becomes even more difficult. Where to start the divorce proceedings in this case? Again, from the statement of claim and the collection of documents that will confirm the presence of the property declared for the division. The law provides that all property acquired upon divorce is divided in half between spouses, regardless of who the children are with. This does not include what was acquired before marriage, which passed as an inheritance or was donated to one of the spouses.
Where to start the divorce proceedings in the presence of common property? As a rule, the court proposes to agree on the division of everything that has been acquired, converting the property into a monetary equivalent. After all, it’s clear that cutting a wardrobe or a car in half is reckless. Therefore, it is necessary to collect documents for movable and immovable property and give him an adequate rating.
Drawing up a claim
How to start a divorce proceedings should be clear to everyone. First of all, you should write a statement of claim, which can be made either independently or with the help of a lawyer. Here you need to understand that when you submit it to the court you will have to pay the state fee, so proper drafting will guarantee that they will not reject it. The rules for filing any lawsuit are regulated by article 131 of the Code of Civil Procedure, it must contain the following sections (plots):
- A cap with the name of the court, data of the plaintiff and defendant.
- The main part outlining the reasons and reasons.
- Part of the petition of the court to make a decision.
- The list of attached documents.
- The date and signature of the plaintiff.
Today, many women and men are looking for the answer to the question of how to divorce. The procedure for divorce is provided for by the Family Code in articles 18, 19, 20, 21, 22, 23, 24.
Documents for divorce in a registry office
In order to make a divorce peacefully, you need to collect the following papers:
- consent from the two parties that they wish to terminate the marriage in duplicate;
- the original and two photocopies of the marriage certificate;
- passports and their copies;
- state duty receipt.
Next, you need to register a divorce, where to start? Get divorced correctly at the registry office, only the above list of documents will be accepted here. You should know in advance the reception days and make an appointment not only for the appointment, but also for registering the termination, appear on the appointed day with documents and receive a certificate of termination of marriage.
Documents for divorce in court
With the trial, everything is somewhat more complicated. How to start a divorce proceedings through a court, where to start? Before filing a lawsuit, you must collect all the necessary documents that will confirm and justify the reasons given and the reasons for the divorce. By the way, it is necessary to collect three identical packages of documents: one to the court, the second to the plaintiff and the third to the defendant. This procedure is established by law. The original marriage certificate and the state duty receipt will need to be attached to the copy that is being submitted to the court.
