Yes, once you exchanged wedding rings and promised each other to be together in sorrow and in joy, "until death do us part." But time has shown that you are still not made for each other and your life together should end. The decision was made to leave - and it was time to file an application for divorce. How to do it?
Instructions
Step 1
If you divorce, as they say, "peacefully", having agreed among yourself on how to divide the jointly acquired property, and you do not have children (or they have already reached the age of majority), you can dissolve the marriage through the registry office. To do this, you need to come to the registry office together, submit a joint application and pay the state fee (everything is almost the same as when registering a marriage), and a month later appear for a divorce certificate. In this case, it is not necessary to indicate the reason for the divorce in the application.
Step 2
In a number of cases, the registry office can file a divorce at the request of only one of the spouses. This happens in three cases: if one of the spouses is declared incompetent, missing or is sentenced to imprisonment for a term of more than three years. In this case, you will have to add documents confirming these "special circumstances" to the application: a copy of the verdict, a court decision on recognizing the husband or wife as missing, and so on.
Step 3
If you have minor children, property will be divided, or just one of the spouses refuses to divorce (or agrees, but “is dragging on time” and cannot reach the registry office in any way) - you can apply for a divorce to the magistrate at your place of residence (to submit an application, you will also need to pay a state fee). The court session will again take place not earlier than in a month.
Step 4
If the appeal to the court occurs only because of the presence of a child, and you have agreed among yourself on how the division of property takes place and with whom the children remain, it is worth mentioning in the statement that you have claims to each other and disagreements about the distribution of children. do not have. In this case, the judge is essentially just legalizing the divorce.
Step 5
If you have grievances against your spouse, and you fear that the divorce will not go "smoothly", indicate in the application the reasons for your decision and be ready to provide evidence that your husband is beating you (certificates from the trauma center, testimony), or that the wife wastes all the money on nonsense (checks, account statements).
Step 6
If your husband or wife does not want to divorce and therefore ignores invitations to court hearings, the judge may decide to divorce in the presence of only one of the spouses. Please note that a divorce initiated by the husband is not possible if the wife is expecting a child, or if less than a year has passed since the birth.
