There are two ways to dissolve a marriage - either through the registry office, or through a court. The procedure for terminating a marriage is described in detail in article 18 of the Family Code of the Russian Federation. The reason for this action may be the death of a spouse or his being declared dead, a statement by one or both spouses about the desire to dissolve the marriage registration. A marriage can also be declared terminated at the request of a person representing the interests of one of the spouses who has been declared incapacitated.
Instructions
Step 1
The simplest is the procedure for divorce by mutual consent of both spouses in the absence of common minor children. In this case, no one will ask questions about the likelihood of saving the family, about the reasons that gave rise to such a decision. No one will be able to postpone the termination procedure in order to give the spouses a time limit for reconciliation. And this method requires a minimum amount of financial costs. All you need is to write an application in the established form, seal it with the signatures of both parties and submit it either at the place of residence or at the place of marriage registration. A month after the registration of the application, the marriage will be considered terminated. During this month, the spouses can withdraw the application.
Step 2
If one of the spouses does not have the opportunity to come to the registry office to submit a joint application, then this spouse writes the application on a separate sheet and certifies his signature on it with a notary.
Step 3
If one of the spouses is recognized through the court as missing, incapacitated or convicted for a period of more than three years, the marriage will be terminated at the request of one spouse. A judicial act confirming the status of the second spouse is attached to the application.
Step 4
Through the court it is possible to dissolve the marriage registration if there is no agreement between the spouses or one of them refuses to dissolve the marriage and if they have common minor children. At the same time, an application for termination can be submitted not only by one of the spouses, but also by the guardian of the other spouse, if he is declared incapable, the prosecutor or another authorized person.
Step 5
The application is submitted to the court at the place of registration, not of the plaintiff, but of the defendant, or at the place of his last known stay. If the plaintiff is in charge of a minor child, or he cannot come to court at the place of registration of the defendant, then the statement of claim, drawn up in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, is filed at the place of registration of the plaintiff.
Step 6
Simultaneously with the consideration of the claim for divorce, the court may resolve all issues related to the property of the spouses and their minor children. When considering a case, the court may decide to suspend the process for up to 3 months to reconcile the spouses. Any meeting can take place if one of the spouses or their guardian is not present without good reason.
