How to apply for a divorce, where to apply and how long a divorce lasts
How to apply for a divorce and where. How long is the divorce of spouses.Application for divorce in the registry office - a sample.
When the discord in the family has acquired a steady outline and does not help, and yesterday's spouses come to understand the inevitability of a divorce, the question becomes urgent-where to apply for a divorce? What to write in the application for divorce, where to see a sample application for a divorce? Consider the typical cases,where and how to apply for a divorce.
The application for a divorce is distinguished by its simplicity of form, belowsample application for divorce. It requires specifying the name of the state body to which the application is submitted for consideration, personal data, the full address and telephone number of the claimant and the respondent, information about the presence of children and their age, whether there are property or other disputes.Also in the statement of claim for the divorce of spouses indicate the formal reasons that led to the divorce. The standard wording of the reason, which is called for divorces, is considered the phrase "did not agree on the characters." An integral part of the application is a copy of all listed documents.
How to apply for a divorce.
It is possible to apply for a divorce in the registry office correctly with the voluntary consent to the divorce of both spouses and the absence of their minor children. A month later, in accordance with the Federal Law on Civil Status Acts, the management of the Civil Registry Office issued a certificate of divorce to the spouses already existing at this time. This option provides for some exceptions allowing the filing of a petition for divorce to the registry office by one spouse with minor children. Such cases include convictions of one of the spouses for the crime committed and serving a period of three years or more, recognition by a special commission of one of the spouses as incapable, recognition of one of them unaccounted for. All situations allowing one spouse, even having children, to get a divorce in the registry office are stipulated by the articles of the Family Code of Russia.
Article 19 of the Family Code of Russia contains a recommendation on how to file a divorce application, it is only possible through the courts if there is a dispute in connection with the division of property or the inability of the spouses to decide by mutual consent the question of how alimony for an underage child will be paid. Also appeals to the court require differences in opinions about the place of residence of the child and methods of education.
Article 21 of the RF Code prescribeshow to apply for divorce, this is done exclusively through the courts, in case of disagreement of one of the spouses to divorce or his refusal to appear in the registry office. Also, the dissolution of the marriage through the court is desirable in the presence of a minor child.
How to apply for a divorce of spouses correctly.
The issue of divorce may be decided by a district or magistrate, which is determined by the appearance of disputes during a divorce. In accordance with Article 23 of the Civil Code of the Russian Federation, with the mutual consent of the parents of children to determine their fate, the decision on divorce may be voluntarily taken by the magistrate. But if the spouses have disagreements regarding minor children, the application for divorce and its consideration is made only by the district court.
The decision to divide the acquired property may be different. If jointly acquired property in a marriage is valued at no more than 50 thousand rubles, the resolution of mutual claims is made by a justice of the peace. If the value of the property is greater, this issue is considered in the district court.
Where to file for a divorce. Sample application for divorce.
First you need to decide which court will consider your application for divorce. Below is a sample of the application for a divorce filed with the registry office.
Application for divorce sample. An example of filling out a divorce application in a registry office.
According to Article 28 of the Civil Code of Russia, the filing of a lawsuit for divorce must be made indistrict court office at the place of residence of the defendant. However, a claimant residing with minor children or demanding payment of alimony upon the statement of claim is given the right to file for divorce at the place of residence. The question of the division of property belonging to spouses is decided at the place of its location. Where to apply for a divorce is known, buthow long is the divorce, let's look at a possible situation.
How long is the divorce.
Article 154 of the Civil Code of Russia establishes the terms for resolving disputes that are binding on district courts. For them, this period should not exceed two months, but the world court should consider the application for divorce within one month from the date of its submission. According to the Family Code of Russia, the decision to dissolve a marriage is made no earlier than a month, as was filedpetition for divorce. In some cases, judicial authorities have the right to postpone the consideration of a divorce case for up to three months, this is how long the divorce of spouses can last.
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