Stages of divorce proceedings
First you need to figure out where to file for divorce , if there is a child. If this is the case, then the issue is not the RAGS, but the court.
The process of divorce can be divided into such stages for clarity:
- collection of the necessary package of documents;
- filing a properly written application and materials;
- judicial sessions;
- decision-making.
A couple can file a joint application. But it can also be filed by the initiator of the divorce.
Before filing for divorce, if there are under-age children, in addition to the application, it is necessary to prepare such a package of documents:
- the passport of that spouse who acts as the initiator;
- birth certificates for common children;
- certificate of marriage;
- must attach a receipt for payment of state duty.
Also it is worth making copies of papers. You need to know some particularities of the question of where to file for divorce, if there is a child. It is important that the application should be brought to court, which relates to the place of residence of the defendant.
To consider the requirements for the defendant, the court will need other papers. To make a decision on alimony, you should remember to attach a certificate on the composition of the family and the document that confirms the financial situation. A woman who is in a decree has the right to demand alimony for the child and herself.
In case of property disputes, a number of securities will also be needed. If spouses divide real estate or transport, then documents must be attached to them. To solve the issue with the section of home appliances or furniture, you need to present checks and passports for these products. It is necessary to attach a complete list of all property that must be divided. If you need any other documents, the court will notify you.
It should be remembered that divorce cases are resolved relatively quickly, unlike property disputes. So, as in the latter case, additional expertise may be required, call witnesses. Therefore, it is better to file two different applications: one for divorce and the other for the division of property. Then the couple will be able to quickly get a decision on divorce, and it does not matter how long the property disputes will last.
Procedure for divorce
After preparing the case, the judge will appoint a date for the meeting, for which the husband and wife must appear. Each spouse must be informed officially. The meeting will be appointed in 1 month from the submission of the application, not earlier.
The court can be rescheduled if one of the couple has a valid reason for absence at the meeting. And also if the judge does not have information that each spouse received a notice when and how much the court will take.
The court can establish a time for reconciliation. In the event that, at the end of the session, the couple is not at the meeting, the judge has the right to cancel the application.
Sometimes they are interested in how to file for divorce, if there is a very small child. It should be borne in mind that a divorce is not permitted when a toddler who is under 1 year old and also if the woman is pregnant becomes a child. Exceptions are situations where one of the couple violated the law with respect to the second spouse or children. Another divorce is allowed if paternity has been recognized by another man or the record of the paternity of the husband has been withdrawn by judicial decision.