How to apply for a divorce? Detailed algorithm

We all know that marriage can be terminated at any time, and at first it seems that it is quite easy to do. But when it really comes to this, immediately a lot of different questions appear: "How to apply for a divorce?" And "What should I do if the interests of the child are suddenly affected?"

We will answer all these questions in order.

Where to apply for a divorce?

Here everything will depend on the situation.

Registry offices

In the registrar, it makes sense to file your application, if:

• Marriage is terminated by consent of two spouses who do not have minor children;
• The union is dissolved as a result of the recognition of one spouse as legally incompetent;
• The union between spouses is dissolved as a result of the recognition of one of them as missing;
• Spouse or spouse is sentenced to (a) imprisonment for more than 3 years.

In other cases, you just need to go to court.

Magistrate's Court

This body will accept your application if:

• One of the spouses wants to dissolve the marriage, but there is no dispute about the children between them;
• The marriage wishes to dissolve one of the spouses, and at the same time the dispute about jointly acquired property is not more than 50 thousand rubles;
• Spouse or spouse evades the divorce proceedings in the registry office, despite the fact that the reasons for the protest are absent.

District court

In this body the claim is filed if:

• People married are not able to independently agree on the place of residence of underage common children;
• It was not possible to come to a decision on the issue of the amount of alimony for children;
• Was not resolved the issue of jointly acquired property, the amount of which is more than 50 thousand rubles.

How to apply for a divorce?

According to the existing legislation, the claim is sent to the place of permanent residence of the defendant. But there are exceptions, when the application can be filed at the place of residence of the plaintiff.

A husband is not allowed to file a divorce claim unilaterally during the wife's pregnancy, and after the birth of the child for 1 year.

How to apply for a divorce: form of action document

The application must contain:

• The name of the judge or the name of the court;

• Place of residence of the claimant and his / her full name;

• Place of residence of the defendant and his full name;

• Reasons for divorce, which are indicated in the absence of mutual consent for divorce;

• Circumstances and facts on which the claims of the plaintiff are based, and evidence supporting them;

• Are there other requirements that the judicial authority may consider together with the divorce suit;

• When and by whom marriage was registered;

• Data on the impossibility of divorce through the registry office;

• Whether there are underage children and their age;

• Whether an agreement has been reached between the spouses in terms of the upbringing and maintenance of children;

• Other information relevant to the divorce process;

• A list of various documents attached to the claim.

How to apply for a divorce: list of enclosed documents

The list of documents includes:

• Certificate of union - original;

• A copy of the divorce application that is sent to the respondent;

• The birth certificate of the child;

• Receipt of payment of state duty;

• Information on the sources of income of the two spouses;

• If there is a statement on the division of property, then its inventory is required;

• Statements, petitions and references.

In this case, the petitions, for example, will include: an application for a deferment of payment of the state duty or an application for taking the necessary measures to secure the claim.

Under family law, during the dissolution of the union, the spouses can submit to the judge for consideration an agreement on underage children, which specifies with whom of the parents they will reside in the future. If there is no agreement or the court as a result determines that it contradicts the interests of the child, then the judge must determine with whom the child will be after the divorce.

In this article, we attempted to answer all questions concerning the divorce process. Now you know where to apply for a divorce and what is needed for this.