Too many citizens are interested in which court to file for divorce. There are several points that will have to be taken into account initially. Otherwise, it will definitely not be possible to answer this question. In addition, let's find out how a divorce between spouses generally proceeds in a particular case. It does not always go to court. Often people try to solve everything peacefully. And, if this is impossible, they think about which court to file for divorce. Let's try to figure it all out. Do not be afraid, the main thing is to wisely approach the solution of the task. Then divorce and litigation will not be a problem for you.
REGISTRY OFFICE
In which court to file for divorce if there are no children? Honestly, you should not think about it right away. As long as you do not have minor children, you can do without unnecessary trouble in the form of a trial. How? The mutual consent of the spouses to divorce is sufficient.
In this case, you can contact the registry office and submit the appropriate application there. We will talk about how this is done later. Mutual consent to divorce is not only convenient, but also practical. If someone does not want to divorce (or avoids this), you have to think in which court to file for divorce. And here there are several scenarios.
Registration
Firstly, the choice is usually made between the magistrates' court of residence and place of residence. Honestly, it's hard to decide here. If the court proceedings are serious, with the division of property, as well as children, it is better to contact the place of registration of one of the spouses. In doing so, you must be present at the trial.
Secondly, practice shows that most often the corresponding application is submitted to the authorities at the place of registration of the spouse who agrees to a divorce. This is normal. It is not worth contacting the authorities at the registration of the former. This is just a little tip. Problems may arise - why you do not apply to the court for your registration. And you have to justify such a decision. Maybe this is not entirely correct, but practice shows precisely such situations. In which court to file for divorce if there is a child, but by registration you cannot attend the proceedings?
Where we live
Regardless of whether you have children or not, every citizen has the full right to contact the appropriate authorities at his place of residence. And it is better where minor children live. This is more convenient for parents.
That is, it does not matter in which court to file for divorce, if there are children. By registration or by place of residence - it does not matter. The main thing is to contact the world division. And it doesn’t matter if you have any disputes regarding property, alimony, as well as the “division” of children. When the interests of minors are affected, the courts are almost impossible to avoid. Although there are exceptions. Which ones?
In the registry office with children
Now it’s clear which court to file for divorce in the presence of minor children. The answer here is simple - in any world. Or by registration (you or the child), or at the place of residence. Practice shows that you can not attend the meeting at all. Although this behavior is highly discouraged. After all, you have to find out and clarify many points. Therefore, it is advisable to worry about your visit to the court at the appointed time.
But there are some exceptions when it is possible to divorce children without such proceedings, but directly at the registry office at the place of registration or residence of one of the spouses (the initiator of the divorce).When is this possible? Firstly, if the dissent is declared incompetent. Secondly, with a person who is or is sentenced to imprisonment for a term of more than 3 years. Thirdly, as already mentioned, in the absence of children. So in the registry office you can divorce even without the presence of a second spouse. Not always, but still there is such an opportunity.
Alimony and children
Which court to file for divorce and alimony? It has already been said - in the world. And still, at the place of residence or registration. In the one where you will be more convenient to contact. Now this is not such a big problem. The process of divorce itself brings more trouble.
Why? All because of the eternal disputes of the spouses about children and alimony. During the judicial debate, you’ll have to find out with whom the child will be better (and with whom he wants to stay), child support amount and communication with the former family. There are a lot of points to be taken into account. And you cannot predict in whose favor the court will make a decision.
In any case, if you are no longer thinking about what court to file for divorce: at the place of residence or residence, but about how to leave the child at home, you will have to secure an iron alibi and evidence of your viability. Practice shows that the property side of the issue, both the material and health of the parents, and their moral values. In general, those who provide the best conditions will leave their children. The opinion of minors will also be taken into account. In judicial practice, children with their mother are most often left behind. To “take” them, a woman must be an immoral mother, leading a terrible lifestyle with deviant behavior. Keep this in mind.
Documents for divorce in the registry office
Now let's try to understand how you can get a divorce. Which court to file for divorce is already clear. But here with the list of documents in a particular case so far there is no clarity. In order to formalize a divorce in the registry office, you will have to present:
- passports
- application for divorce;
- paid duty (650 rubles);
- Marriage certificate.
This list is relevant for divorce without children and with mutual consent. If the spouse refuses to divorce, as well as in the cases with a minor child (or several) indicated above, you will have to bring with you:
- statement;
- passport;
- birth certificates of children;
- Marriage certificate;
- duty (350 rubles, already paid).
As you can see, there is nothing special about this. But what if you have children and need to get a divorce? Prepare for the trial must be correct. How exactly? Here are some suggestions for this. They will help you avoid many troubles.
For court
Well, now let's try to understand the process of divorce in a magistrate’s court. In order to succeed, it is necessary, as in the past case, to collect some documents. And it would be nice to have some more evidence of their situation, including witnesses. Important: they should not be interested in your divorce. So, when you have decided which court to file for divorce, stock up on the following package of documents:
- passport
- marriage certificate;
- birth certificates of children;
- certificates of ownership and material status;
- proof of income;
- court application to terminate the union;
- paid state duty (sometimes).
As you can see, there is nothing difficult about this. The entire list of documents with their copies should be filed with the court. And then it remains to wait for a direct meeting. During it, you will be asked to go to a world agreement or sign a settlement agreement on alimony, property, as well as accommodation for children. In any case, the final decision after the meeting will be given to you by the court.
What's next
Suppose the case is over. And here we have a court order - a conclusion confirming your divorce. What now? Of course, take the received paper and go to the registry office. There you will have to issue a certificate of divorce.This requires the same documents as in the usual case, if the spouse does not agree to divorce. But they will also have to attach a court order.
In principle, that’s all. As soon as you submit a request, a divorce certificate will be issued and issued to you within a month. As you can see, if you correctly approach the solution of the task, then you can avoid many problems. Even though there are minor children. The main thing is to worry in advance about the availability of all documents that have been listed.
