Dissolution of marriage through the registry office and the court has features.
The same applies to the timing of the divorce.
In the registry office and the world court they differ significantly from each other.
Under Russian law, the application forDivorce can be filed in the registry office or in court. The procedures differ slightly from each other. In the registrar are those who have no children in their marriage or the children have already grown up, i.e. They are 18 years old. In addition, through the registrar can be divorced, if:
•; On the verdict of the court convicted of a crime and sent to the colony for a period of more than 3 years,
•; Was declared missing or missing.
Through a world court, you need to divorce those who have underage children or if one of the spouses does not want to divorce.
Divorce in registry offices
In accordance with the requirements of the law, the applicationTo dissolve the marriage is filed by both spouses. If one of them is absent (for example, he is serving in the army), he can send the document by mail, but the applicant's signature on it must be notarized.
The commanders of military units, heads of correctional facilities, captains of courts, chief doctors of hospitals, etc., have the right to certify the signature.
The application shall include passport dataSpouses, place of residence and a request for divorce. A document on the conclusion of marriage is attached to it. If necessary, the spouse provides a court judgment or a decision on recognizing the second half missing or missing. It is necessary to pay the state duty in the amount of 400 rubles.
Marriage ceases not earlier than a month. This term is given to the husband and wife for thought, because they can change their minds, wait and save the family, especially if the wedding was held recently. After 30 days, the spouses may appear and receive a certificate of divorce or withdraw the application. Thus, if a divorce occurs through a registry office, the waiting period is 1 month. Marriage terminates at the time of making a record of its dissolution.
Divorce in court
A slightly different procedure for divorce in court. The application is filed by a husband or wife. As a rule, in every world court there are samples of such statements. To him you need to attach a marriage certificate, documents on the birth of children, other evidence proving the reasons for the breakdown of the family and a receipt for the paid state fee of 400 rubles.
In the world court all cases are considered within 1 month. But divorce cases have exceptions.
About a week later, the husband and wife are summoned to a conversation, during which the court tries to reconcile the parties. This period is not always included in the hearing.
At the end of the meeting, a court session is appointed. The cases of reconciliation of spouses in court are not uncommon. If the husband and wife wish to consider preserving the family, the court, at the request of one of them, has the right to grant them time for reconciliation from 1 to 3 months.
After it ends, the case ends eitherDivorce or reconciliation. As practice shows, divorce in court is more protracted. And from submitting an application to a divorce, it can take from 1 to 4 months.
If, simultaneously with the divorce, a claim is made for the division of property, the time frame may be more extended. After all, you will have to provide additional evidence and call witnesses.
It is also necessary to take into account the period during which theWhose judicial verdict becomes valid. It is 30 days. Thus, in total, the expectation of a divorce can take from 2 to 5 months, and the marriage ends with the day of entry into force of the court decision.