Divorce is a serious and fateful step.
It, like its conclusion, requires state registration and is entered into the state register of acts of civil status.
There are several options for performing the divorce proceedings. The presence of children under the age of 18 and common property decides which of them to resort to.
You can make a divorce through the registry office
This method is suitable for families without children. Divorce documents are submitted by the spouses personally.
If there is a valid reason for the absence of one of the spouses, and a notarized application for divorce on his behalf, the second spouse may submit.
Divorce through the court with the filing of an application
If there are children in the family, but there is no dispute about their further residence and upbringing, the husband and wife have the right to apply for divorce.
The court is considering the case. After the decision of the court, the husband and wife will receive a decision on divorce. The court will send a copy of it to the Civil Registry Office for marking in the act record.
Divorce through court with filing a claim
In this case, a statement of claim by one of the couple is sufficient to start the divorce proceedings.
This cannot be done during pregnancy and in the first year after the birth of the child.
An exception may be the fact of a criminal offense against the other spouse, or when the paternity of the child is recognized by another person.
In addition to the childish question, the moment of the division of property is also becoming acute.
Jointly acquired property is considered to be property acquired during marriage, even if one of the spouses did not have their own income for obvious reasons – health problems, raising children, household and others.
Common property does not include only what one of the spouses received as an inheritance or a gift.
How does the division of property take place in the case of a dispute?
Spouses can continue to share the property, or they can share it. The shares of each of them are equal by default, if they are not regulated by the marriage contract.
If the dispute is about indivisible property – an apartment, a car, a land plot, and so on – it goes to one of the parties, which compensates the other party for half of the value in monetary terms, if he agrees to this.
What documents are needed for a divorce through a court?
- Copies of passports of husband and wife;
- Copies of the identification numbers of the husband and wife;
- Correctly executed statement of claim;
- Original marriage certificate or its duplicate;
- In the presence of minor children, copies of the birth certificate;
- A receipt confirming the payment of the state duty.
Why is legal support recommended?
Possession of professional knowledge of the law is necessary at many stages of the procedure: selection of a court by territoriality, collection and execution of documents.
In addition, husband and wife who want to get a divorce sooner may have negative attitudes towards each other, which undermines emotional stability and the issue of self-control during the trial.
The support of a lawyer is extremely necessary to resolve procedural issues, and to save time, as well as to prevent stressful situations.
Such support will be provided by ONESTEP Consulting specialists.
Even a simple legal consultation will help answer many of your questions and determine the next course of action.