Which court to file for divorce? How to apply for a divorce?
Today we have to figure out which courtto file for divorce. And in general, when exactly can this operation be required directly through the judiciary? They are not always divorced in this order. In addition, we will have to deal with the immediate terms of circulation, the list of necessary documents and all the subtleties of this process. In fact, divorce is very common. And not in all cases it is possible to solve the task positively by peaceful means. So what are the cases?
The first and simplest version of the development of events -this is the one when you do not need to think about which court to file for divorce. After all, not in all cases in the judicial order is the dissolution of marriage. Most often you can do without these instances.
That is, if you just want to dissolve the marriage,which, for example, lasted not too long, it follows the court and not to think. After all, in practice, the union is dissolved in the same place, where it is - in the bodies of the registry office. However, there are exceptional cases when you must necessarily apply to the judicial authorities.
Through the registrar usually jointtermination (by agreement of both parties), as well as taking into account the lack of common property and, of course, children. If "just a couple" comes who want to divorce, you can do this directly through the registry office at your residence / residence or your spouse, wherever it will be convenient. Otherwise, you have to think which court to file for divorce.
In principle, it has already been said that it is possibledeal with the task without any problems. And without recourse to the courts. But this is not always possible. Usually think about which court to file for divorce (in Omsk and other cities) in the presence of underage children.
Note: in a similar scenario through the registry office to carry out the process does not work. It is forbidden. Even if you basically do not have any disputes. So the question remains open. Remember, when it comes to children of minors, you will have to find the answer to our today's question without fail. There are two options for the development of events. But only about them later. To begin with, when still it makes sense to think about which court to file for divorce (in Nizhny Tagil and other cities)? After all, this is an additional paper red tape. And sometimes it can be avoided.
The next option, which takes place, isthe presence of common property of the spouses, that is, jointly acquired. Yes, usually divorce can be done without the judicial authority, but with the presence of children and property disputes, it is simply impossible.
Such rules are established in Russia. It does not matter if there is an agreement between you or not. Think about which court you can file for a divorce, still have to. In principle, as in the case of children, there are two options for treatment.
On this list of cases when it is impossibleto terminate a marriage by applying to a registry office, does not end. The most common layouts we have already learned are children and the availability of common property. But this is not all. The fact is that often one of the spouses does not agree with the divorce proceedings. Moreover, he evades the visit to the registry office and does not express any obvious disagreement.
In this situation, you can think about whichthe court must be submitted for divorce. It's not so difficult actually, because the choice is not that big. Remember: if one of the spouses shies away from the process, but at the same time shows no obvious signs of protest, you can safely dissolve the marriage in court. Just find out exactly how this is done.
What else to pay attention to? For example, there are still some layouts that require compulsory recourse to the judicial authorities of the Russian Federation for the implementation of the divorce proceedings. In fact, it is not so difficult to figure out where to "move", rather than to understand when to do it.
In addition to all the above options, foroutside the registry office will have to dissolve the union of former spouses when there are some disputes. It has already become clear that conversation can go either about property, or about children. But that's not all. To think which court to file for divorce (in Vologda, Kaliningrad, Moscow and other regions of the country), you will have to when you can not decide the issue with the amount of alimony paid to you for underage children. In this situation, you really have to try hard. So which judicial bodies can and should be addressed in this or that case? And how this process is specifically formalized? Why prepare? What can be required? It is not so difficult to understand all this if you start preparing in advance.
Have you considered which court to file for divorce? World - that's how many will answer you. The thing is that it is here that usually all the "family disassembly" takes place, which concern the divorce proceedings.
True, not in all situations is this bodywill help you in the process. After all, restrictions also take place here. In a world court you can apply when you and your spouse have underage children, but you could agree on who they will live with. Not the most frequent, but very unpleasant incident. If there are no disputes in any respect, and also you have children, it is the court of the peace that will help you in getting a divorce.
Also, they apply when there is nocompletely co-acquired property. Especially if you have children. And the magistrate will consider the application when the joint property does not exceed 50,000 rubles.
Which court to file for divorce? In the world! But this option is also relevant for cases where one of the spouses is an "evader". In the registrar, he is not for the dissolution of marriage, but does not express an obvious protest and reluctance to engage in this case. So the version with the world court quite often takes place. But not always. There is one more alternative.
Which court to file for divorce? District also takes place. And it is just assumed that this is the alignment will be accompanied by arguments, quarrels, disassembly. Why? Everything is very easy and simple.
The fact is that in all other caseswill have to seek help here. If you paint everything on points, you can identify the situation in which there are disputes regarding children. Such cases are only considered in the district court, the world will refuse you.
Among other things, property disputes alsowill be decided in this judicial body without fail. Especially if the amount of joint property exceeds 50,000 rubles. And it does not matter whether there is a dispute between you or not. The fact remains.
If there are disputes regarding alimony and theirsize, there is also a district court. In all other cases, as a rule, spouses either turn to the world or draw up a divorce process with the help of the registry office. There is nothing particularly difficult here. Only here paperwork is more than enough. So how to properly prepare? What do you need in this or that case?
The court will not help
Do not hurry. Please note that it is not always possible to think about and decide which court to file for divorce. The thing is that laws are designed to protect families and their members. Therefore, there are exceptional cases when you can not terminate a marriage at all.
It makes no sense to think which world courtapply for divorce (or district, it does not matter) when it comes to pregnant women. In this scenario, a man has no right to terminate a marriage. Of course, of course, there are also. While the woman is pregnant. And in the first year of life of the baby, too, the stronger sex lacks this opportunity.
But a woman can apply for a divorce. And in any court, depending on the situation. Although in practice, most often the process is formalized with the help of the registry office. It's not as difficult as it seems. So we learned all the options for the development of events. Now you can directly prepare for divorce. How exactly? With what to begin? What can be useful in this or that case?
Well, now you can proceed directly tocollection of all necessary documents. This process is extremely important. Especially if you had to think which court to file for divorce. After all, in court, the dissolution of marriage has many nuances, as well as subtleties. And paperwork here is quite common. So what is needed to achieve the goal?
Without fail you present a claimstatement. It indicates the data of the parties (you and your spouse), as well as the address of the court to which you are applying. I also have to report the reasons. In general, a statement of the established pattern should contain all the relevant information that can only come in handy. The list of jointly acquired property, information about minor children, as well as your contacts for communication and possible disinterested witnesses and persons able to confirm certain events - all this is prescribed in this document. Without him, there simply is no point in addressing the judiciary.
In addition, you will have to attach youridentification. More precisely, we are talking about a passport. It will need a copy of it. It is also desirable to show your husband's passport. The exception is when the second party is clearly hiding and does not want a divorce, and avoids it by all means. But here personal passport data (plaintiff) are presented to any court without fail.
Documents on the conclusion of marriage are also attached. And copies. If you have a marriage contract (contract) on hand, it will either have to be attached in the original, or a copy certified by a notary public will do. The absence of this document, if it exists, in principle, is a huge problem.
We figured out which court to file an application fordivorce. Moreover, it is now clear in what cases and where to "move". Only the above documents are not enough to make your application accepted and considered. Why?
If you do not have children, then, as a rule, costwithout trial. In this scenario, it is enough to apply to the registry office with a passport and copies (do not forget the certificate of marriage), and then wait for a while. But the court is a completely different matter.
Among other things, you must showbirth certificates of children. Without fail. Attached to the application are copies thereof. True, we are talking only about minor children. If they are already over 18, then this document is simply not needed.
This also does not end with a list of allthe most necessary. The divorce process is something that has many subtleties and nuances. Especially if you have property disputes. And, of course, when there are underage children. The second case will add a weighty paper red tape to the list of documents listed above, regardless of where you will apply - to the world or district court.
What other moments worth paying attention to? An important point is the payment of the state fee for the divorce proceedings. At the moment there are two options for the development of events. The first is the one when two spouses agree to divorce. In this situation, you have to pay 650 rubles for a divorce. But if you appeal to the courts, the payment is reduced. Slightly, but still. In this case, pay for the "statement" will only have 350 rubles. Such rules are in force in Russia for 2016, changes are frequent here. Therefore, every year you will have to check the consistency of the data. After all, if there is no duty payment, you will not be able to dissolve the marriage.
In addition, we will have to worry aboutto prove their solvency. And demonstrate a minimum solvency. Especially when it comes to children. After all, in this case, the question of who they will live with is decided by the courts. And you will have to confirm the fact that you can provide everything the child needs. Otherwise, if there is a dispute in the district court, you will be given a decision according to which the children will live with another spouse. Here is such a delicate moment. Understand which court to file documents for divorce, and it's easier. But how to prove after its viability?
What will help here? Documents on the ownership of real estate, any evidence that you have a roof over your head or you can provide her relatives, witnesses who confirm your condition, income certificates, copies of the work book - all this will only help.
Special attention is paid to witnesses. Regardless of which court to file for divorce, you should, just in case, enlist the support of the party. Looking for disinterested witnesses who will be able to confirm your lifestyle, career, health. By the way, a medical report on the state of health in court is also desirable to show. Especially if you have a dispute about the residence of underage children. After all, the judiciary will never leave a child with a mentally unbalanced, and, frankly speaking, a sick person. Even if he can provide the child with a decent standard of living.
That's all. Now it is clear in which court it is necessary to file for divorce in this or that case. Moreover, the whole process and its subtleties are no longer a mystery to us. After the dissolution of marriage is not such a simple matter, as soon as the question begins to concern the judicial debate. In practice, this process usually lasts a long time, especially if there are some serious disputes.
Please note that you may be given time toreconciliation. And on average this is allocated a month, sometimes two. Especially common practice in the world court. But if you refuse, then you can resume the debate through the appointed period. Did not want to be reconciled? Then you will be divorced taking into account all the documents that you presented.
In general, it is advisable to not bring the matter to court. Yes, and before the divorce, too. Try to look more closely at the partner before you associate your life with him. Then you do not have to think twice about which court to file a divorce application. After all, you can do without this process at all.