As soon as it was decided to divorce, both spouses should find out for several points that will be decisive in the choice of a divorce instance: in court or in the registry office. Of course, the simplest and rapid option will be the registry office and consent to the divorce of both parties, however, in life it is not so simple. In this article, you will learn what to do if the spouse refuses the divorce, there is no, or simply ignores the agenda, and also familiarize yourself with the list of documents.
What documents are needed for divorce in the registry office
To begin, you need to know when the divorce is possible through the registry office:
- If you both agree on a divorce and do not have complaints about each other's property;
- You have no juvenile children;
- One of the spouses condemned for more than three years;
- One of you is recognized as incapable;
- The person is considered missing.
In other cases, you will have to resort to judicial instances. The registry office will require such a package of documents:
- Passports of both spouses and their copies;
- Certificate of marriage registration;
- Statement signed by both parties;
- Paid state duty. Its price depends on a number of factors and fluctuates from 400 to 1500 rubles.
The application for two spouses is called form number 8, download the sample you can 
here. This document indicates the names of the spouses, date of appointment of divorce, all data of passports and marriage certificates. If the spouse turns into a registry office one, then filled
What time frame is bred in the registry office
As soon as the package of documents will be accepted by the bodies, the divorce will prescribe a month ahead. This practice is applied for a long time, it is fixed by law. All divorces through the registry office are carried out a month after applying.
Thus, in 30 days you will receive a certificate of divorce.
What documents are needed for divorce in court
The marriage process in court is a much more complicated procedure. It all depends on what exactly made you go to court:
- It may be children under 18;
- Refusal to divorce a spouse;
- You cannot share the common property;
- You are applying for alimony.
You can use common form Applications for divorce, however, should indicate its cause. You can write it from hand in free form using such a plan:
- Specify your passport details and full name,
- The name of the court in which the application is submitted,
- Data on your spouse, in this case, the defendant,
- The date of marriage, confirming this with a certificate
- Information about your juvenile children
- If before that you have already been attempting to dissolve the marriage, then describe them to briefly and bring evidence.
Also, you will need a certificate of family composition, your passports, the birth certificate of children, marriage. If there was a marriage contract, then it will become one of the most important documents in the process. When one of the parties claims to alimony, or a complete careset over a child, you will need another number of documents, for example, a certificate of income, information about your real estate.
Often, a document with a complete description of the property may be needed. If in court it comes to children, then it is necessary to come to the question seriously, since the practice of "the child is always with his mother" gradually goes into the past. Now the baby remains with the parent who is really able to take care of him at the discretion of the court. The terms of consideration of the case depends on its complexity and appearance of the plaintiff and the defendant. If the defendant does not come to three meetings, then it wins the plaintiff.
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