Bred all unhappy families in different ways. For example, if a couple has a mutual consent to divorce, there are no children and no mutual property claims, then the marriage is dissolved through the RAGS department.
But lawyers are advised even in cases of consent of the parties to file a divorce through the court, so that the other half could not change their claims over time.
How to part? Conventionally, divorce can be divided into a peaceful and disputed one.
In fact, in this case, the court only ascertains and formalizes the fact of the dissolution of marriage. This version of the divorce is the fastest and "bloodless".
In the overwhelming majority, one of the spouses appeals to the court, and the other is opposed to the divorce. In this case, the divorce proceedings are delayed by at least three months, since the court provides a "period for reconciliation". To begin with, we advise you to seek the help of a lawyer or at least get legal advice. It is better if the statement of claim is compiled by a specialist. And the initiator of the divorce should file it. The lawsuit must specify: the place and time of registration of the marriage, the existence and number of common children with the indication of age and, in fact, the reason for the divorce (separation, absence of marital relations, etc.).
Compiled and signed a claim for divorce is attributed to the court at the place of residence of one of the spouses. We attach to him a marriage certificate, a birth certificate of the child and a certificate from the place of residence, as well as a copy of the passport. Applying for divorce, you can simultaneously apply for alimony - in this case you will also need a certificate of the child's residence. Then you need to pay the state fee and the costs of information and technical support of the case and attach to the claim a receipt for payment.
Now that all the documents for divorce have been collected, they can be submitted to the court chancery and then wait for a month and a half of the agenda, which will summon both of you to the court. It is important that the agenda fell into the hands of the spouse. If you live separately, find out the address where your husband now lives. If the whereabouts of the spouse is unknown, the claim is filed at the address of his last domicile or at the location of his property.
Your behavior in court will depend a lot. Do not think that the more you cry in the court or show offense, the more successfully you will be divorced and divided property. The judge works with bare facts, and your excessive emotions can only do much harm. He even has the right to regard them as an attempt to "press" on the court. Of course, a rare woman can keep calm when the fate of her children or an apartment is being decided. And yet, if the divorce is intricate, and you are afraid not to cope with emotions, then without the help of a lawyer you can not do.
How to act if the husband did not appear at the hearing? The court can defer consideration of your case if the husband did not receive a summons or told the court a valid reason for his failure to appear. If he received a notice, but did not appear and did not disclose the reasons for his absence, then the court is entitled to consider the case without him.
Marriage contract
Hollywood wisdom says: "You have to be crazy to marry without a marriage contract." We, of course, are not in Hollywood, but in our country experienced lawyers advise before marriage to conclude a marriage contract. The probability of divorce fighting will then be reduced to a minimum. This is a kind of agreement on the division of property. Lawyers recommend the form of the document, in which you can separately establish the regime of ownership and for the duration of the marriage, and in the event of a divorce. If, for example, the wife did not work during the marriage, but was engaged in housekeeping, then after the divorce she may find herself in a quandary. To avoid this, you can include in the contract such an item: "In the event of divorce, the following property passes into the ownership of the wife: apartment, appliances, jewelry."