What documents are needed for a divorce?
Any couple concluding their marriage union expects to live happily ever after. And die in one day. But, unfortunately, in some couples the marriage dies before the spouses, and the need for divorce is brewing. What documents are needed for a divorce?
Divorce by mutual consent of the spouses
In the enlightened XXI century, the majority of married couples divorced the divorce process “decent”, that is, deprived of burdensome litigation and completely unnecessary dramatic “fights”. Thanks to the new Family Code of the Russian Federation, spouses whose “family boat has broken about life” have the opportunity to divorce in the registry offices, subject to the mutual consent of the husband and wife. In this case, they need to appear together in the registry office and write a joint statement about the dissolution of the marriage, presenting their passports and marriage certificate. If one of the spouses physically cannot appear in the registry office in view of a long trip or service in the army, his signature must be certified by a notary or an authorized person.In the case of military service, serving in the Armed Forces of the Russian Federation, for example, it will be the regiment commander or outpost.
Divorce through court
If one of the spouses does not give his consent to the dissolution of the marriage, and this may be not only “out of harm” or “so as not to let go”, but on completely legitimate grounds, then the spouse “striving for freedom” must go to court for this very freedom at the place of residence. In this case, he is obliged to provide the judge with the documents necessary for the divorce, otherwise his application will not be accepted for consideration.
What documents are needed for a divorce if the other spouse does not agree?
- The statement of claim on divorce and its copy for delivery to the plaintiff, that is, the spouse disagreeing with the divorce.
- The original certificate of marriage issued by the registry office.
- Copies of birth certificates of minor children, if they were born during the marriage or were adopted by the second spouse.
- Documents that confirm the circumstances relied on by the claimant in his statement of claim for divorce. It can be any documents drawn up in accordance with the requirements of current legislation from the relevant executive authorities - from a certificate from a doctor to a certificate from the Migration Service.
- If there is a marriage contract between the spouses, it is also presented as one of the documents necessary for the divorce.
- If the claim is signed by the representative of the claimant, it is necessary to provide the court with a power of attorney certifying the authority of the representative.
Copies of documents on the right of common or joint property of spouses are also attached to the statement of claim for dissolution of marriage, if the claim for divorce includes a requirement to divide up joint property. As well as certificates from the place of work of the defendant, if the claimant wishes to exercise the right to alimony for minor children remaining in the care of the claimant.
In general, a divorce is a serious matter and a responsible step.
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