Absolutely everyone knows that quite often the word “divorce” pronounced in a family that failed to build a happy relationship. Statistics show that there are seven divorces for ten marriages in the USA! If the spouses still decided to get a divorce, what should we do next?
And where to go with this?
The order of the divorce process usually looks like this. After deciding on divorce, you need to understand which of the institutions you should contact: the registry office or the court. Next, you need to collect all the necessary documents, which, of course, depend on the judicial or administrative procedure for resolving this dispute. And then you need to be patient and go to the beginning of another life.
Family law provides for two options for divorce: administrative and judicial.
This procedure for the dissolution of marriage in the registry office is not particularly difficult, but it contains certain limitations. Let’s consider the cases of divorce in the administrative order. If the spouses do not have ordinary children under their majority, and there is an agreement between the two parties to annul the marriage, then the spouses draw up a statement and submit it to the registry offices. After one month of the submission of all the necessary documents, the state registration of the marriage dissolution is carried out.
Administrative procedures are also applied if the other spouse:
• declared as missing;
• declared incapable by the court;
• was convicted of a crime with a term of imprisonment of more than three years.
In this case, it does not matter whether the spouse has ordinary children who have not reached the age of majority. And it is also important to note that in comparison with the judicial procedure of the divorce process, which will be discussed later, spouses must come to the registrar office on their own. Representation by proxy is not allowed here.
If the spouses have ordinary children who have not reached the age of majority, or if one of the parties does not give an agreement to annul the marriage, then, in this case, this relationship can be terminated only through court.
Everything is much easier if the spouses decided to divorce by mutual consent and the divorce process itself is only fictitious. But the number of such methods is not too high. So, in addition to everything, the judges still believe that the primary goal is inevitably to achieve reconciliation of the spouses and transfer court hearings to give them time to think about everything.
By entering into a marriage, almost no one even thinks about what may happen in the future. The divorce process itself can last quite a long time because the court in case of disagreement will have to sort out the following issues:
– children who have not reached the age of majority will live with the mother or father after the divorce;
– how much alimony will be calculated for these children;
– by the request of one or both spouses, the court must divide property, which is considered jointly acquired;
– by the application of the spouse, who has every reason to receive maintenance from the other spouse, the court must establish the amount of this security.
And only after the moment when all the above issues are resolved, the court will decide on a divorce. It is important to note that a spouse who does not approve a court decision has every reason to appeal to a higher court, and then the spouse will receive the desired document on the annulment of the marriage after six months.
Divorce with the participation of one spouse
In this case, the spouse must independently fill out his part of the application for registration of divorce. The authenticity of her signature is notarized.
Going to the registry office, the husband must present a part of the application for the dissolution of the marriage to the registry office employee, completed by the wife, and fill out his part of this application. After the husband performs these non-tricky actions, the registry office employee will inform him about the date and time at which both spouses will have to appear to register the dissolution of the marriage. The divorce process is completed by obtaining a divorce certificate.
What if the husband or wife knows in advance that he or she will not be able to appear at the registry office for a divorce? This should be reported by stating in the application for registration of separation or by sending an additional request to the registry office. Pay attention to the wording, which should be specified: “I agree to register the dissolution of marriage in my absence.” If the spouse lives in another district or city, the application should also indicate the name and address of the registry office to which the certificate of divorce should be sent so that the spouse can receive it personally.
There are cases when both spouses cannot appear at the registry office at the appointed time. In this case, the spouses must submit an application to the registry office with a request to transfer the registration of the dissolution of their marriage to another day. The law establishes that divorce must be registered no later than one year after the submission of the relevant application to the registry office. Therefore, if you decide to postpone the date of registration of the dissolution of marriage, then consider the above limitation.
If the second spouse is recognized as missing or damaged, then in the registry office one spouse may apply for divorce.
You have decided to file for divorce, but you have ordinary minor children
In cases where there are small children in the family, and the spouses have made a mutual decision to dissolve the marriage, a different divorce procedure takes place. Divorce is filed through the court. Spouses have the right to submit a joint application for divorce in court.
It is necessary to prepare such documents for divorce:
1. A copy of the passport of the spouses.
2. Copy of Marriage Certificate.
3. Copies of Birth Certificates.
A copy of the agreement “On the upbringing and maintenance of the child after the dissolution of the marriage of the parents” must be submitted to the court. The court will not accept your statement about the dissolution of the marriage unless you submit the agreement “On the upbringing and maintenance of the child after the dissolution of the marriage of the parents.” The presence of the contract is a necessary condition.
Thus, the state obliges the spouses to discuss and decide on the future fate of the children. Father and mother must decide with whom the child will live, how the parents will exercise their rights and obligations relating to the upbringing and material support of the children. The arrangements of the spouses are prescribed in the agreement “On the upbringing and maintenance of the child after the dissolution of the marriage of the parents.” A lawyer can help you to make such a contract. The contract must be notarized.
At the stage of divorce, the spouses agree on how they will raise the child in the future.
The agreement fixes agreements on the following issues:
– with whom a child will live.
– what participation in his upbringing will be taken by the parent living separately.
– how the second spouse will contribute to the provision of the child.
One of the spouses is against a divorce
If one spouse is against divorce, then one spouse can initiate a divorce through the courts. Sending a claim to the court is necessary. The statement of a petition for divorce can be filed without the agreement.
The lawsuit implies a dispute between a husband and wife. The spouse who wants to dissolve the marriage applies.
You need the same documents as in the previous case:
1. A copy of the passport of one of the spouses.
2. Copy of Marriage Certificate.
3. Copies of Birth Certificates.
To draw up a claim, you need to know the address of registration of the second spouse or the address of the company in which he works. In the lawsuit on divorce, you can specify the requirement for the division of jointly acquired property. However, this is not the best option. It is better to file a separate claim for divorce and an independent application for the division of joint property. Cases of separation are considered by the courts relatively quickly, and property division cases can drag on for months and years. This is because deciding on the division of property requires additional procedural actions, such as conducting an examination of the value of the property, summoning and questioning witnesses, etc. If you combine both requirements in one lawsuit, then the court’s decision on such a case will be one, and this means that the marriage will be terminated only when the court finally resolves both claims of the claimant.