Divorce Through the Court: What Documents Are You Looking For?

Unfortunately, sometimes in the family there is a situation where the husband and wife no longer wish or can not be together for a variety of reasons. Sometimes it takes a long time before the spouses come to a disappointing conclusion and take a painful decision, but a decision is needed - the decision to dissolve the marriage.

What do you need for a divorce?

The first thing that is required in the court session in the first place, this is the reason for the divorce. It is not necessary to dwell on this formal detail too much - for the usual divorce process it is enough to indicate as a reason a few words, for example "they did not agree with the characters".

In the future, the process can develop in several ways, depending on whether there are children in the divorced marriage and what their age is. General minor children force the court to make a special decision based on the protection of the rights of the child. Anyway, but in order to start a divorce through the court, the couple will need to collect certain documents. It is best if they are trained by a professional lawyer - he will be able to make sure that all the nuances are taken into account and not a single detail - especially if the property is to be divided in court - is not lost.

So, what documents are needed for divorce:

- First of all, it is necessary to present the original document proving the identity of the person submitting the divorce application, as well as his copy;

- also for the court will need two copies of the statement of claim for divorce in court;

- certificates of marriage and the birth of a child (children), if he (they) are underage;

- a receipt for payment of the state fee and a copy thereof;

- application for divorce, completed in duplicate

- extract of the family from the home book;

- agreements (on the division of property, on the place of residence and on the maintenance of children, on the payment of maintenance), if the divorce is through a court of law by mutual consent of the spouses;

- You can provide a marriage contract (if it was).

In principle, each case of divorce is individual, so the list of documents required for the process may change.

Sometimes divorce proceedings are unilaterally carried out if one of the spouses can not attend the meeting. This happens in the event that one of the participants in the dissolution of marriage is recognized as missing, sentenced to a prolonged deprivation of liberty or incapacitated. For such a process, it is necessary to attach to the application for divorce an appropriate decision made by the court must be attached.

When will the divorce through the court

In the event that the decision to divorce was taken by both of the spouses, if they do not have claims against each other and have joint underage children, divorce can be made at the local registry office. In other cases, a divorce is carried out through the court.

All that concerns divorce issues is regulated by the Family Code of the Russian Federation, and the judicial divorce proceedings can be carried out only in cases that the Code provides. There are several rules in accordance with which the dissolution of the existing marriage is carried out:

- The trial of the case of divorce between Russian citizens can be made after a month after the submission of the relevant application;

- Divorce through the court is made only if one of the spouses does not consent to this, or if the spouse does not have the opportunity to apply to the registry office;

- judicial divorce proceedings are conducted when divorcing spouses have common children who have not reached the minority;

- a divorce in a court is mandatory, if the spouses have a common property.