Divorce is an unpleasant situation in the life of any person, because it indicates the disintegration of the family. But if, nevertheless, the dissolution of the marriage cannot be avoided, then you need to approach the solution of this issue as competently as possible. In accordance with Russian legislation, there are two main ways to dissolve a marriage: through the registry office and in court.
It is necessary
- - statement
- - receipt of payment of state duty
- - personal documents (passports)
- - a document confirming the presence of a registered marriage
- or
- - statement of claim
- - state duty for filing a statement of claim
- - an agreement on children (their further residence: with the mother or with the father), as well as an agreement on alimony, an agreement on the division of property (at the request of the spouses)
- - prenuptial agreement (if any)
- - birth certificate of children (if any)
Instructions
Step 1
Dissolution of marriage by contacting the registry office.
In this case, the marriage can be dissolved if only one of the spouses is present. If you mutually decide to file a divorce, you need to:
- Apply jointly.
- If one of the spouses cannot provide a personal appearance, then he can submit a statement, which is certified in advance by a notary.
Important! If there is a court decision on the termination of the marriage, you need to bring a statement from both spouses, an extract from this decision to the registry office for registration of the dissolution.
To dissolve a marriage, the following documents are required:
- Statement
- Receipt for payment of state duty.
- Personal documents (passports).
- A document confirming the presence of a registered marriage.
Upon registration of the termination of marriage, you must be issued a certificate. From now on, you will be divorced.
Step 2
Dissolution of marriage by filing a claim in court.
In this case, divorce, perhaps without personally participating in the process itself, while issuing a power of attorney for the representative.
If one of the spouses has objections to dissolving the marriage, the court has the right to appoint the spouses a month for reconciliation.
Required documents:
- Statement of claim.
- State duty for filing a statement of claim.
- An agreement on children (their further residence: with their mother or father), as well as an agreement on alimony, an agreement on the division of property (at the request of the spouses).
The above requirements can be included directly in the text of the statement of claim.
- A marriage contract (if any).
- Birth certificate of children (if any).
The marriage will be considered terminated between the spouses from the date of entry into force of the court decision.