Almost all aspects of family relations are within the scope of regulation of the RF IC. From a legislative point of view, entry into family relations, as well as their termination, acquire legal effect only from the moment of their registration with the registry office. 
Divorce proceedings
So at the household level is called the termination of official family relations. However, divorce acts only as a form of divorce. Also, family relations cease when one of the spouses dies or is declared dead. The Family Code provides two grounds on which a divorce proceedings can be initiated. These, in particular, include the initiative of one of the spouses or their mutual desire. In accordance with the general rule, the motives that prompt people to start the divorce proceedings do not have legal significance. Thus, the spouses can justify their desire with anything. Moreover, even in cases when the motives are invented, and the husband (wife) does not want a divorce, marriage can be dissolved by law. However, in such situations, the procedure does not always go without complications. Divorce proceedings can be slowed down by the need for a trial and the likelihood of a delay in making a decision up to three months.
Limitations
Formally, there are only two circumstances in the Law, according to which, in the absence of mutual consent, marriage is not subject to dissolution. In these cases, in addition, the spouse does not have the right to petition. The grounds specified in the Law, meanwhile, shall not apply to a spouse who has the corresponding powers, even if they exist. The application will not be satisfied in the following cases:
- With the wife’s pregnancy.
- Within a year from the date of birth of the child.
Ways to end a relationship
A marriage may be dissolved in a court or registry office. The Law clearly regulates cases when one or another form of termination of relations is applied. Divorce proceedings in court take place in cases where one of the spouses refuses to give consent, or there is a minor child (s) in the family. However, in these cases, the official termination of marital relations can be carried out in the registry office. This is possible if:
- Husband / wife found missing missing.
- The husband is serving a real sentence of imprisonment for a term exceeding 3 years.
- Husband or wife declared legally incompetent.
In court, all cases that cannot be resolved in the registry office are subject to consideration.
Related problems
There are a number of legal relations, which without fail covers the divorce proceedings:
- Property division.
- Establishment of the place of residence of the child (children).
- Assignment of alimony and some other obligations.
The solution of these issues does not fall within the competence of the registry office. According to the law, these problems can be regulated by agreement of the parties. If it does not work out, then a lawsuit is filed divorce statement indicating specific requirements. However, in this case, a separation can be made. For example, the application for divorce should be submitted to the registry office, and the court - a lawsuit about other requirements for the spouse.
How to start the procedure?
According to the general rule, a claim for divorce is sent to an authorized authority, which is located at the place of residence or registration of the defendant. In some cases, proceedings may be conducted on the territory of the plaintiff.This may be, for example, his illness, the presence of dependent minors and other good reasons. The request should be sent to the magistrate's court.
Required documents
The following should be attached to the request:
- A receipt of the fee paid.
- The certificate of marriage.
- The certificate of birth of the child (minor).
- Extract from the house book.
Among other things, if necessary, you can attach other papers that would confirm the plaintiff's claims. For example, these may be certificates from the place of work, other requirements referred to in the claim. In the event that the party does not want to independently participate in the proceedings, a divorce lawyer can do this for him. In this case, he must have a notarized power of attorney. All papers are provided in duplicate. One of them will be sent to the defendant. The court shall notify the parties of the time and place of the consideration of the case by subpoena.
Features of the requirements
When filing a statement of claim, it is necessary to comply with the procedure established by law. As with other claims, there are a number of mandatory requirements. In particular, the claim must indicate the authority to which it is addressed, details of the parties. The content should summarize the circumstances of the case, give reasons. It is better to start from the moment of marriage. In the text it is necessary to mention children (if any). The petitioner sets out the requirements directly. It should be remembered that the court will consider and satisfy only what the plaintiff will ask. In this regard, it is necessary to carefully consider this part of the text. The following are papers that are attached to the requirement. At the end of the statement you need to put a number and a signature. 
Important points
Before starting the divorce proceedings, a number of issues should be resolved. In particular:
- Payment of alimony. Spouses have the right to conclude an agreement on material support for minors. This contract must be certified by a notary. If the agreement could not be concluded, then the requirement of alimony should be included in the statement of claim. According to the results of the proceedings, the defendant may be charged with monthly payments in proportion to his income or a fixed amount may be assigned.
- The place where minors will live. It is important to determine the degree of parental involvement in providing conditions for the life and development of children. This can also be specified in the agreement. But if even in this case it is not possible to reach a consensus, then the court will also establish the place of residence of minors.
