Divorce proceedings and its consequences. How long does the divorce proceed?

The process of divorce is the procedure for the dissolution of the official union of a married couple. Produce it both in the bodies of the registry office, and in court. Where a divorce will occur depends on many factors (for example, on the availability of common children).

Dissolution of marriage in the Registry Office

To divorce couples in the Civil Registry offices, several conditions are necessary:

• Mutual consent - it is expressed in the filing of a joint written statement of the spouses, which indicates the desire to dissolve the marriage;
• There are no common children under the age of majority;
• There are no claims about the division of property.

In some situations, the divorce process can be executed in the registry office even on the application of one spouse, regardless of whether they have common children or not. Such cases include:

• Conviction of the spouse for a period of more than three years;
• The recognition of one parent as missing;
• Recognition of one of the spouses as legally incompetent.

Dissolution of marriage in court. First steps

If any disputes arise during the divorce, then this procedure is no longer the registrar. The division of property, the resolution of questions about whom the children will live with and the recovery of alimony are all within the competence of the court.

To begin the divorce proceedings, the spouse who wishes to dissolve the marriage must file an application with the court at the place of residence or residence of the defendant. In exceptional cases (for example, poor health), this procedure can be performed at the place of residence of the plaintiff.

The data that must be indicated in the application, when the divorce proceedings are carried out through the court:

• Place and time of registration of the family union;
• Reasons for divorce ;
• Whether the couple have common children, and if so, their age;
• The claims made by the plaintiff to the defendant;
• Information on whether the spouses have agreed on the further upbringing and maintenance of children (with whom they will live, etc.).

Documents required for divorce

In addition to the application, the court must submit a package of the following securities:

• Certificate of marriage of spouses;
• Certificate of birth of minor children;
• Documents or other papers in which the demands of the plaintiff are announced, for example, on the sharing of jointly acquired property;
• If you do not want or can not personally participate in the divorce proceedings, you need a power of attorney for the person concerned;
• An extract from the personal account or the house book;
• Receipt of payment of state duty.

All documents and a statement of desire to terminate the marriage must be presented in duplicate or copies thereof. The first copy remains in court, the second is sent to the address of the propiska to the respondent. On the date when the divorce proceedings will be conducted, both spouses are notified by a summons.

In some cases, for example, during the pregnancy of the wife and another year after the appearance of the baby, the filing of the suit with the husband is prohibited and the court does not consider it.

Divorce Order

Divorce proceedings through a court, more precisely, its sequence, is determined by the Family Code of the Russian Federation. The case is usually reviewed through open meetings. But in some cases they can be held in closed form.

Consideration of the application can be postponed for a certain period, which many call the time of reconciliation of the spouses. Its duration is determined in each individual case individually, but basically it does not exceed 3 months. Spouses can apply, in which they will notify the court of their desire to shorten the period of reconciliation. It is necessary to indicate a good reason.

Divorce proceedings in court are terminated if, at the end of the set time, the spouses did not appear at the regular meeting. Also, the official rupture is canceled when they reconciled and submitted a relevant statement.

Divorce proceedings: division of property

In the event that when the family union is dissolved, the spouses are unable to agree on who owns the property, the court is dealing with this issue. But it should be taken into account that not all acquired in marriage will be joint. For example, property is considered personal when:

• It was acquired by one of the spouses before the official registration of the relationship;
• It is a personal thing (exception - luxury goods and jewelry);
• He was given or left as a legacy.

The property will be considered personal even if it was acquired during an official marriage, the last few years of which the husband and wife lived separately. In this case, it remains for the spouse who acquired it.

But to jointly acquired property, which under the laws of the Russian Federation during divorce is subject to division between spouses in equal shares, are:

• Any income of husband and wife;
• Property that was purchased for total cash: here you can include housing, cars, securities, etc .;
• Payments of the state that do not have a special purpose (compensation for damage to health, material assistance);
• Any other property acquired during the marriage.

If it is necessary to resolve this issue by court, a list of all that the spouses can not divide by peaceful means should be attached to the application for divorce. Together with these papers it is necessary to prepare documents confirming the value of these things, which an independent expert must determine in advance.

As already mentioned above, the legislation of the Russian Federation provides for an equal division of property between spouses. But under certain circumstances (for example, deprivation of liberty) the share of one of the spouses may increase or decrease.

If it is impossible to divide the property without violating its integrity (car, refrigerator, etc.), it is decided to transfer it to one of the spouses entirely. In this case, the other half will be given a so-called compensation, either in the form of cash, or in the form of another thing to be divided.

If the spouses have various debts (for example, a loan for a car or other household items) and there is no independent decision to pay them, the court assigns the amounts of payments to each of them.

Divorce in the presence of children

If a couple who wishes to terminate a marriage has a minor child (or several), and there is no agreement as to who he will reside with, then the court will have to deal with this issue. This happens, for example, in cases when both parents express a desire to raise children. If the spouses independently agree on the order of communication with the child and his place of residence, the court does not intervene in these matters.

It should be noted that such claims can be filed not only at the time that the divorce proceedings (in Russia), but also after it.

A parent who, after divorce, will not live with the child, if desired, the second spouse must pay alimony. If a corresponding agreement was not concluded between the mother and the baby's daddy on their payment, the amount is determined by the court. As a rule, it is calculated from the amount of the alimber's wages. For example, with one child, a quarter of the official income is collected, two - a third, three or more - 50%.

How long does the divorce proceed?

The procedure for the dissolution of official relations is a rather fast process, but only if the spouses have no claims to each other. With mutual consent on the divorce, the court fulfills its obligations within 1-2 months. If the spouses have property or other disagreements, or one party does not wish to terminate, the divorce process may last more than 3 months.

Date of divorce

Officially, spouses are considered to be free from each other from the moment of the record of divorce in the registry office (if it was carried out there) or the adoption of a positive court decision. Although in the latter case, however, the moment of official severance of relations should be registered in the bodies of the Civil Status Record. Formally, while there is a divorce, and there was no official issuance of a certificate of termination of the union, neither party can register new relationships.

Who can help with the design of the divorce?

Divorce proceedings are a very complicated and painstaking process. Especially if it is a question of non-consensual relations between spouses. It is necessary to be guided not only by your emotions, but also by a whole body of laws designed to regulate marriage relations. It is very difficult for ignorant people to understand this. Therefore, any of the spouses can apply for advice to specialists. For example, these cases are handled by a divorce lawyer or a family lawyer.