The statistics on the number of divorces, unfortunately, are disappointing. Either young people thoughtlessly decide to start a family, or they break a fever, rushing to file a divorce at the first serious quarrel, but the fact remains - the couples diverge, and quite often with a scandal. No one is safe from such a life situation. And if earlier divorce was considered a great shame, today it has become commonplace. Therefore, it will be useful to find out how to properly file a divorce application and where to turn with it.
The rules by which the process of legal separation of relations with the subsequent legal registration of a divorce takes place are clearly spelled out in article 18 of the current Family Code of the Russian Federation.
Divorce in registry office
If both spouses understood that further married life is meaningless and impossible, and there are no children in such a family, and all questions regarding the division of property acquired by the spouses were settled peacefully, then in order to break off relations, it is enough to go to the registry office registration department and legally file a breakup .
In this case, the presence of the husband and wife is mandatory, since it will be necessary to jointly fill out the application for divorce, the form of which will be issued by the employees of the organization. Here you can omit the reason that became decisive for the divorce.
Judicial divorce
If one of the spouses does not agree with the decision of the other to get a divorce, or there are children in the family, or there is a need for the division of property, then legal separation of relations can only be made through a court. In each district court there are samples according to which the application for divorce can be written independently. If the separation is complicated and there are disputes regarding movable and immovable property that was acquired during the marriage, then it is better to hire a lawyer to help resolve the matter with the maximum benefit.
Documents for the court
The statement of divorce is filed in court at the place where the plaintiff resides. The name of the court and the plot, the details of the plaintiff and defendant, including the name, patronymic and last name, as well as the address and telephone number, are indicated in the header of the document. Next, in the middle of the line, write the name "Statement of Claim" and its subject.
Next, you need to draw up the substantive part, where it is necessary to indicate the date when the marriage became legal, and the place. After you should write, from what time the marriage was terminated. If children were born in a decaying family, this must be indicated in the statement. Namely, you must specify the full name and date of birth. After you can describe the reasons why further life by one family is impossible. In order for the judge to have no doubts regarding the decision to divorce the spouses, either separate accommodation or the absence of a joint household is necessary.
In the final part of the document, referring to the 21st article of the Family Code, you can ask the court to terminate the marriage between citizens (here you must specify the full name, date of registration and certificate number). At the very bottom of the document should be signed and the date, which should coincide with the filing of a claim in the office.
If you know how to write a divorce claim, a sample is not needed. A correctly drawn up document is the key to a quick decision by the judge in favor of the plaintiff.
Attachment to the claim
When submitting a divorce application to a court, the following documents must be attached:
- copy of passport, taxpayer ID number;
- copy of legal marriage certificate;
- copy of birth certificates of children, if any;
- receipt of payment of state duty.
All these papers together with the claim, with the exception of the receipt, must be made in triplicate for each side of the litigation and the case, which will remain in the office.
The difficulties of divorce
Actually make up divorce statement it’s easy, and it’s quite possible to cope without the help of lawyers. However, if the difficulties of divorce lie in the division of property or the contentious question becomes about who the child will be in his guardianship of, then a qualified representative of interests will not be superfluous. Each such case has its own nuances, and in order to understand which articles of the law to use to uphold civil rights, a specialist is needed.
Divorce proceedings
Usually, divorce cases are considered within a two-month period, which for spouses who have decided to leave, is the time to weigh their decision and think it over again. This is followed by a preliminary meeting, to which both parties are invited to be notified, and then a day will be set when the judge will announce her decision regarding the divorce.
If one of the spouses is not ready to break off the relationship, he may declare his disagreement with the lawsuit and ask the court to give additional time to establish relations.
The minimum period in which they can be bred is one month, otherwise the decision will be illegal.
