How to divorce one spouse
04.07.2023 0 комментариев
How to divorce one spouse
In a crisis period of family life, the decision of one of the spouses to dissolve the marriage can be the most important step. To take this step and get out of the divorce process without significant losses is the main task. Moreover, losses should not be understood exclusively as a material aspect of the issue. The difficult moral state of a divorcing person is not at all a secret. Especially when the other side in every possible way prevents the successful resolution of the situation. Divorce at the initiative of one spouse means a difficult struggle, and one must carefully prepare for it.
Hire a lawyer who specializes in family and divorce cases. Discuss all your requirements with him. If there are children, the question should be raised immediately, simultaneously with the divorce, about determining their place of residence.
If you cannot afford to seek the help of lawyers, file a divorce suit in court yourself. Briefly describe the family situation as a result of which you are asking the court to dissolve your marriage. To support your statements, name third parties as witnesses. Write a statement of claim for divorce in two copies and taking into account the requirements of Articles 131, 132 of the Code of Civil Procedure of Russia.
Pay a fee of 200 r. according to your district court. Gather all the documents you need to file a lawsuit. You will need: a paid receipt for the state duty, a marriage certificate, a certificate of the place of registration, a birth certificate for children. Make copies of all documents.
Submit the statement of claim along with the collected package of documents to the office of the Magistrate’s Court in your area. Within one month, the first hearing in the divorce case will be scheduled and held. You will be notified in advance of the date of the meeting by agenda.
During the hearing, provide the judge with the reasons for your position. The court, as a rule, appoints the spouses a three-month period for reconciliation. After this period, if at least one of the spouses insists on a divorce, a decision to dissolve the marriage will be made. If the other party refuses to appear at the hearings, the court at the third meeting will make a decision without its participation.
The decision to dissolve the marriage will enter into force 10 days after its announcement in court. Take the decision from the clerk’s office. Submit it to the registry office, where you will be issued and issued a certificate of divorce. Your marriage has been terminated.