Sometimes a misfortune such as divorce happens in a family. People now decide to go through life each their own way and plan to end their family relationships. And here the question arises: where to file for divorce? In our article, we will consider how to go through such an emotionally complex procedure, what documents are needed for this, and where to draw up a divorce in the presence of a child.
Where to file for divorce
No matter where you live. In order to answer the question of where to file for a divorce in Moscow or any other city, you must first establish the reasons why you decided to dissolve the marriage, and the accompanying conditions. The marriage will be dissolved on the conditions established by family law.
Relations related to the divorce proceedings are clearly regulated by the Family Code of the Russian Federation, in accordance with the terms of which divorce is allowed by the will of one of the spouses, as well as by mutual agreement. The guardian of a spouse who is declared legally incompetent is also entitled to demand the dissolution of the marriage. As for the divorce, there are also a number of restrictions under which the husband does not have the right to insist on him:
1. During pregnancy, the spouse.
2. Within 1 year of the birth of the child.
Where to file for divorce? Current legislation establishes only two possible places:
1. Registration of divorce is possible in the registry office.
2. You can file a divorce in court.
There are a number of limitations to this and that account, which we will discuss in more detail below.
Divorce proceedings in the registry office
The question of where to file for divorce is decided depending on the situation. Perhaps the dissolution of the marriage in the registry office, this process is much simpler and faster than in court.
Registration of termination of family relations in the registry office is possible in several cases:
1. If the desire to divorce the parties is mutual and there are no any claims to each other.
2. If the parties do not have children under the age of 18 years.
There are situations when you can get a divorce in the registry office, if there are common young children. This is possible in the following cases:
1. One of their spouses was declared legally incompetent.
2. One of the parties to the marriage relationship is declared missing.
3. One of the couple is convicted, and the punishment is imprisonment for a term of more than three years.
According to the provisions of the current legislation, a marriage subject to dissolution from the registry office is terminated within a month from the date of receipt of such a request.
Divorce in the registry office. List of documents
In order to get a divorce in the registry office, you need to submit the following documents:
1. Passports of both spouses. Originals are submitted.
2. Application for termination of marriage. Submitted in the form provided by the registry office.
3. Pay the state fee. It should be noted that in 2016 it increased significantly compared to 2014 and now amounts to 650 rubles. It should be noted the fact that with mutual divorce application Both spouses are required to pay it.
4. When divorce through the registrar at the request of one of the spouses the state duty is set at 350 rubles.
It should be noted that in this case not only the divorce proceedings are paid, but also the issuance of a new certificate. That is, in this case there is no need to pay any more fees. Until 2015, the application was paid separately, and then the extradition divorce certificates.
Each registry office has its own details for payment, so you must first apply for a receipt.
Where to file for divorce if there is a child
The procedure for divorce, if the couple has a child or even several children, is somewhat different. This rule applies if they are under 18 years old. Termination of family relations will only be possible in a judicial proceeding.
Divorce through court is possible in the following cases:
1. If there is a child. Divorce is made upon establishing facts, as well as according to the applicants that joint life is impossible, no common household is being maintained. In this case, the court has the right to establish a period for reconciliation of the spouses, equal to three months, and postpone the hearing.
2. If one of the spouses does not give his consent to the divorce. In this case, the court must establish the facts that the further life of the spouses is impossible, joint farming is not conducted.
3. One of the spouses evades the divorce proceedings, which could be formalized in the registry office.
In all cases, the marriage is terminated after it is established that reconciliation is impossible.
List of documents for divorce in court
In order to dissolve a marriage in court, it is necessary to prepare the following papers:
1. The applicant’s passport. Original and copy submitted.
2. Original certificate of marriage. Collected by the court in the event of a divorce.
3. If there are young children, copies of their birth certificates.
4. State duty. Today its size is 650 rubles. It is possible to pay for it at any branch of the bank. Moreover, if the check is in black ink, it must be certified with the blue seal of the bank that made the payment, and if the check is printed in blue or lilac ink, there is no need for certification in this case.
These documents in the amount of two copies for each of the parties to the case (as required by the Code of Civil Procedure of the Russian Federation) are submitted to the court. In this case, the court independently sends a package of documents to the defendant with the application of the subpoena on the appointment of the hearing.
As a rule, the consideration of the case is carried out in two stages - preparation for the trial and the trial itself.
Where to file documents
When registering a divorce through the registry office, you can contact the body at the place of residence of the spouses, and if their registration addresses differ, then at the place of residence of one of them to choose from.
Divorce lawsuits are considered by justices of the peace without the presence of property claims by spouses:
1. At the place of residence of the party who will be the defendant in the case.
2. At the place of residence of the plaintiff, if he lives together with a small child.
If between spouses there is a property or other dispute, such cases should be considered in the courts of district significance. A dispute on the division of property will be resolved in court at the location of such property. When deciding where to file for divorce, you first need to decide what requirements you have for your ex-spouse, how and with whom your children will live, what is the procedure for paying child support, and only on this basis decide what jurisdiction your court will relate to a business.
If the marriage was terminated by the registry office, further disputes between the parties shall be considered in court.
In case of divorce through the registry office, the marriage ceases immediately after making an entry about its completion, as well as affixing a seal to the passports of the spouses.
If there is a court decision on hand, then it is necessary to wait until it enters into legal force, and this is a month after its delivery, and only then contact the registry office to issue a certificate of termination of marriage and affixing a seal.
In this article, we tried to answer in detail the question of where to file for divorce. By examining this information, you can significantly reduce the time that will be spent on such an unpleasant procedure as divorce.And also to understand where to file for divorce, if there is a child, and in which case this procedure is greatly simplified.
