Unfortunately, it happens that some marriages break up. In this case, the spouses have many questions related to the divorce proceedings. Most of them are about documents. If the family did not last long and children did not have time to appear in it, then the procedure will be quite simple. Otherwise, preparing for a divorce will be a little more complicated.
Instructions
Step 1
How to get a divorce if there are no children.
In this case, everything is pretty simple. You and your spouse will need the following documents: a passport, a receipt for payment of a state fee, a marriage certificate, as well as an application for divorce (it is filled out and submitted at the registry office at the place of your registration). If the desire to divorce is mutual and you have no claims to each other regarding the division of property, then in a month you can get a divorce. If one of the spouses is against the dissolution of the marriage or there are disputes regarding the division of the acquired property, then such issues will already be resolved through the courts. In this case, the process becomes more complicated and prolonged.
Step 2
How to get a divorce if you have children.
If at the time of the decision to divorce you and your spouse have minor children, then you cannot avoid a lawsuit. The initiator of the divorce must submit an application to the court at the place of residence of the second spouse, pay the state fee and collect all the necessary package of documents. And he is rather big. You will need: the original marriage certificate, certified copies of the birth certificate of a child (or several children) or originals, a receipt for payment of the fee, a copy of the passport of the initiator of the divorce and a declaration of divorce.
Step 3
Property division.
If the initiator of the divorce claims a part of the jointly acquired property, then additional documents will need to be prepared. They must confirm the presence of this very property, and also its value must be indicated in them. If the section concerns an apartment, then these are certain documents of title. And if you decide to share large household appliances, you will need receipts for their purchase and product passports. And to your application you must attach a complete list of the property for which you are applying.
Step 4
Important points.
If you decide to divide the property, then be sure to attach a copy of your statement of claim to all documents. The court will send her to the second spouse. It is worth considering that in this case the size of the state fee will be higher (it will depend on the value of the property claimed by the plaintiff).
Step 5
In which case a man cannot divorce.
The application for divorce will not be considered if it is submitted by a man whose wife is expecting a child (regardless of the gestational age), as well as if the family has one or more children under the age of one and a half years. These points are spelled out in Russian legislation. Thus, the state protects the rights of mothers and children.
