A wedding is a wonderful stage in life. Joy and dreams of a joint future.
Over time, in many families, laughter and joy are replaced by sadness and longing. Time passes, and the spouses already want to terminate this marriage.
The marriage is dissolved by the civil registry office or by the court.
A relatively simple way to dissolve a marriage is through the registry office. That is, the same authority that registered your marriage.
To do this, one of the conditions must be met for filing documents for divorce:
- Absence of common children
- One of the spouses is declared missing
- One of the spouses was declared legally incompetent
Absence of common children
Spouses must both agree to divorce in order to file divorce papers at the registry office.
If there is no mutual agreement, such a marriage can only be dissolved in court.
One of the spouses is declared incompetent or missing
In cases where a marriage is dissolved with a person who is missing or incapacitated, the application is submitted by the second spouse.
At the same time, an appropriate court decision on recognizing a person as incapacitated or missing is necessarily added to the application for divorce.
Steps for divorce through the registry office:
Step 1
Spouses who do not have common children have the right to file for divorce. Mutual consent is required.
Step 2
After submitting the application, the registry office gives 30 calendar days for the reconciliation of the spouses.
Step 3
After 30 calendar days, if the application has not been withdrawn, the authority of state registration of acts of civil status draws up an act record on the dissolution of marriage.
Submission of an application
To submit application for a divorce, you must be present together at the registry office.
It is not allowed to submit at a separate time, to different registry offices. Only together.
A marriage cannot be dissolved through the registry office if:
- the presence of common children
- wife’s pregnancy
- the objection of one of the spouses to the divorce
Property disputes
It often happens that spouses have common property.
In this case, when filing divorce documents through the registry office, the marriage will be dissolved. Regardless of the property dispute.
A dispute over common property can be settled in court.
Application for divorce without a second spouse
If there is a good reason for a spouse who cannot personally apply to the registry office for divorce, such an application on his behalf can be submitted by the second spouse.
This application must be notarized.
In the case of remote consent to divorce, it is impossible to dissolve the marriage by power of attorney. The notary must certify the signature of one spouse, and the right to submit documents lies with the second spouse, along with filing an application on his own behalf.
In which registry office to file for divorce?
Documents for divorce through the registry office are submitted at the place of registration of one of the spouses to the district office.
Also, the family law allows divorce by filing an application with the addition of documents. That is, documents for divorce can be filed at the address of the actual residence of one of the spouses.
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