Divorce is not easy, both morally and physically. And of course, you need to approach this issue fully armed, since it has arisen, without wasting time and effort.
It is necessary
- - time
- - strength
- - patience
- - support of loving friends and loved ones
Instructions
Step 1
First of all, you need to decide in which court you will have to carry the drawn up application for divorce. If you and your spouse do not have common children and disputes about the division of property, the registry office is involved in the divorce case. This is convenient because it saves time, money and nerves - consent to divorce is not needed, meetings and hearings as such do not take place.
If there are common children, and the other side does not mind who they stay with after the divorce, you need to apply to the magistrate with a statement.
If there are common children, and the other side does not agree with whom the children remain after the divorce, you will have to go to the district court.
You need to find out in advance the hours of the judge's appointment in the area to which you are geographically attached, this will save time and certainly nerves.
Step 2
Divorce petitions are in a form clearly defined by law. A sample of it, as well as a list of documents attached to it, can be taken in court. Depending on the composition of the family, different documents will be required in different cases.
The application must indicate the reasons why you consider it impossible to remain married to the defendant, questions regarding the division of property, if provided, and with whom the common children are at the moment and remain after the divorce, if any.
If the other party does not agree with where the children will live after the divorce, you will need to indicate the arguments in favor of the children living together with you - describe the moral and other qualities of both parents, material and marital status, work schedule, opportunities (or lack thereof) of each from parents to create favorable conditions for the upbringing and development of children, proximity to the home of a school or kindergarten.
Step 3
Usually, before making a decision, judges give a period of from one to three months in order to "think". This process can be accelerated if, at the time of filing the application for divorce, the defendant writes an appropriate statement of recognition of the claim.
There are times in which the decision to divorce is postponed for a longer period. If there is a minor child under the age of 1 year, or the spouse is pregnant at the time of application, or the child was born still, or if the child died before the age of 1 year.
There may be cases when the consent of the other party to divorce is not required: recognition of the spouse as incompetent or having a criminal record for more than 3 years.
