Divorce is a drama in the lives of all family members. Lack of experience in litigation, emotional stress, stress and unexpected actions of the spouse and his relatives can turn this period into a real nightmare. However, if you arm yourself with knowledge, calmness and a sober look at things, you will be able to get out of this situation with honor.
The most straightforward and most peaceful procedure of divorce is the dissolution of marriage upon the mutual desire, in which there are no joint minor children. The application for divorce is written in the registry office.
In the same month, a divorce certificate is issued, and a stamp is put in the passport. If there are joint minor children in marriage, one of the spouses does not agree to divorce, or there is no consensus about the division of property, the marriage is terminated in court.
In this article, we will consider what to do if there is a need to divorce, how to organize the divorce process correctly and painlessly, where to start and how to go through this procedure as quickly as possible.
GENERAL PROCEDURE OF ACTION
Suppose you made a decision: “I want to divorce my husband.” In marriage, you have a small child. In the course of living together, a car, furniture, and appliances were purchased. What to do?
You must go to the Magistrates Court of your place of residence – they will provide you with a sample application for divorce, a sample application for alimony and a list of documents that you need to collect and attach to the claims.
You can write an application for alimony. The first alimony comes with a delay. The sooner you write an application for maintenance, the sooner you get it. The request for alimony must attach a certificate of income of your husband.
You can personally visit the company where your spouse works, go to the accounting department and order a certificate. Even if the husband serves in a closed organization, for example, in a military institute, you can tell the goal of your visit at the entrance, and they will take you to the accounting department.
Among other documents and their copies of the application for divorce, you must attach a receipt for the payment of the state fee for the divorce. In court, you will get the details for which you need to transfer money and call the exact amount. Go to the bank and ask the girl-consultant to help you pay the state duty. As soon as all necessary documents are submitted to the court, a court hearing will be scheduled.
If you want to divide the property over 100,000 dollars in court, then you need to write an application for the division of property in the district court. At this stage, it is better to hire a lawyer. Ideally, it is better to contact a specialist who combines private practice with state work in the same or world court. In this case, you get a good advantage – the lawyer personally knows the judge, his principles, and can even accurately know the expected outcome of the case.
Keep your intentions regarding the divorce in secret and quickly transfer the car number to a lawyer. As soon as all documents are submitted to the court, the spouse will receive a notice from the court by phone and letter.
It is better to safely hide the assembled package of documents so that your husband does not take them. Change the passwords on your cards. It happens that a spouse, without a word, cashes money. Also collect all the documents for furniture and household appliances: checks, warranty cards. If they are with you, you can confirm that you purchased such items.
Remember that in your absence, especially if you moved to your parents or a rented apartment, the spouse can remove the furniture and change the lock on the door.
If you did not have time to collect all the documents for the district court, ask the judge for a reprieve. Motivate it by the fact that you suddenly realized that marriage can still be saved.
A new meeting in the magistrate’s court will take place in a month. You will be divorced, and in a month you will receive a statement about the dissolution of the marriage in the registry office.
At the registry office, carefully check each letter in the record book and the certificate. The slightest unnoticed mistake will create difficulties after a second marriage.
If you share a car, you must pay a fee, which is calculated from the cost of the vehicle. If you share an apartment with the car, then spend another payment, the amount of which also depends on its value. In this case, you can agree with the judge that you first pay a symbolic amount, say 1000 dollars, because you do not have sufficient financial resources — the rest of the amount you can pay later.
You can expect a spouse to receive a counterclaim for a section of credits: during the proceedings, the judge may request from the respondent a statement of the state of all his accounts.
The outcome of the proceedings may be the decision of the judge or the signing of a settlement agreement. In the first case, you can oblige the defendant to pay your costs for the state duty and a lawyer. In the second case, you can get a fixed amount specified in the agreement. In this case, your husband may refer to the disastrous financial condition and ask for installment repayment of debt during the year.
A brief plan for the dissolution of marriage is as follows. To get a divorce through the registry office, you must follow this procedure:
1. Pay the state duty for a divorce in the bank and take a receipt.
2. Prepare documents and their xeroquipia: marriage certificate, passport.
3. Write a petition for divorce in the registry office with your husband. If he is unable to appear in the registry office, then give him a statement for signature. He must notarize his signature.
4. A month later, get a divorce certificate at the registry office.
5. The procedure for divorce in court includes the following process:
6. Pay the state duty for a divorce in the bank and get a receipt.
7. Appear in the world court and write a petition for divorce.
Some documents and their photocopies must be attached to the application:
• bank receipt of payment of state duty for divorce;
• marriage certificate;
• child’s birth certificate (a copy certified by a notary);
• an extract from the housing department at the place of residence of the husband;
• receipt of an income of the husband (if you file a claim for alimony);
• the statement of the husband to consent to the dissolution of the marriage (if he agrees).
HOW TO AVOID SCANDALS?
In such a tense situation it is essential to avoid loud clarifications of relationships, especially on the eyes of young children, since for them the breakup of the family is most painful.
Follow a few tips:
• Keep a neutral position. Do not react to provocations. Do not make excuses.
• Refrain from reproaches. Do not blame. Do not make insults and stinging remarks. Do not talk about personal things. Keep your opinion with you even in small things. Now you owe nothing, and he owes you nothing.
• Behave yourself peacefully. Do not aggravate the situation.
• If your husband proves his position and accuses you – be silent. Not finding a new reason for discussion in your words, he will not be able to continue his tirade indefinitely.
• Try to disperse to different apartments quickly. If you meet only in the courtroom, the chances of conflict situations will be minimized. The judge will not allow the defendant and his relatives to make a scandal.
You can even fully entrust the divorce process lawyer. He will represent you in court, and you will not have to listen to accusations.
• Choose the right moment and try to speak frankly with your husband. Try to agree to be friends. If you have children, then in the future you will have to build new relationships. Be prepared to compromise. Tell him how you see him talking to a child.
On the other hand, even if you are striving to remain calm with all your strength, you cannot control the behavior of your husband and his relatives.
Moreover, parents of the husband can especially arrive to arrange a grandiose scandal with the involvement of neighbors. The police, of course, will not be able to prohibit the husband’s parents from staying in the apartment where their son is registered and lives. However, another thing is essential – you should show that you are not alone, you have protection, and you are capable of decisive action. In extreme cases, in the presence of the police, you can safely pack up and leave with your child to relatives or friends.