When happy lovers get married, what they certainly don't expect is that they may have to get a divorce. There are as many reasons for parting as there are people on the planet. But no matter how stressful it is, you need to pull yourself together and file a divorce according to all the requirements of Russian law. Depending on a number of circumstances, the procedure can be complicated and delayed.
Registration of a divorce through the registry office
Like any other legal procedure, a divorce is much faster and easier to formalize if both spouses agree to it. Especially when no children were born in the marriage and expensive property was not acquired. In order to start a divorce, you need to come to the local registry office with a statement.
Similarly, divorces are made if one of the spouses is missing, sentenced to a term of more than three years or is incapable. In this case, the registration of a divorce will take 30 days from the date of application.
Divorce when defendant v.
In those cases when only one of the spouses decided to leave, and the second ignores this decision in every way, the divorce is filed through a district or world court. In order to start the procedure, you need to write a statement and send it to the court at the place of registration of the plaintiff or defendant.
If the defendant does not share the desire of the second spouse to terminate the relationship, this does not mean that he needs to skip court hearings regarding the divorce procedure. The judge gives time for reconciliation of the parties in case one of the spouses does not agree to divorce, and at the meeting he will officially declare this. If the defendant deliberately avoids the meetings, then the decision may well be made without his participation.
Process steps
The procedure for obtaining a divorce includes the following items:
- First of all, you need to collect all the necessary paper for this.
- Applying to the registry office or court.
- Attending court hearings.
- If, after the trial period, the spouses do not appear in court, then the claim is canceled, if they do, then the marriage will be terminated or additional time will be appointed for a truce.
Documents required for the process
In order to start the process, you must first collect all the necessary documents for registering a divorce:
- An application that spouses together voluntarily submit to the registry office. It should contain information on the absence of joint property, as well as common minor children.
- An application that is filed with a magistrate or district court must contain the passport data of both spouses, information about their place of residence, signature, marriage certificate number and surname that will remain with the spouses after the divorce. The court’s statement also briefly explains the reasons for the divorce and indicates the claim (if any).
The trial will begin only when all the requirements are met and a full package of documents is provided, therefore, you should find out the list and additional requirements in the court department.
The application submitted to the court must additionally be accompanied by:
- Documents confirming the completion of the pre-trial settlement procedure.
- If a divorce is claimed by the plaintiff for special reasons and there is additional evidence, then they are also provided.
- Duplicate or original marriage certificate.
- Copies of documents notarized.
- Certificate of residence of both spouses.
- Paid receipts for state duty and others.
If in addition something is required to be provided, the plaintiff shall be notified of this.
Divorce without the presence of one or both spouses
Both participants in this process have the same right to be represented by a lawyer or other person in court. To do this, you need an appropriate power of attorney issued by a notary. When one of the parties has good reasons, the court session can be postponed if there is a written request, as well as supporting papers. In the event of a deliberate non-appearance of the defendant at a court hearing regarding a divorce, a decision will be made without him. That is, even if children were born in the marriage and one of the spouses does not attend court hearings, divorce is also possible.
Sometimes it happens that the defendant could not appear in court for good reason, but did not inform about it in a timely manner, and the court has already decided on a divorce. In this case, it is possible to cancel this decision no later than seven business days after receiving the court decision in person. To do this, you need to write a statement and provide the necessary evidence that the defendant was absent from the court for valid reasons.
A special case is the presence of a spouse of a child under the age of 1 year or the state of pregnancy of the spouse. An application for divorce from the spouse in this case will not be accepted. The woman, in turn, can file application for divorce Anytime.
