Divorce in court

Divorce - it's complicated  legal process that can be accompanied by emotional difficulties and legal nuances.

In cases where the spouses cannot reach an agreement on the dissolution of the marriage or when the circumstances require the protection of the rights of one of the parties, it is necessary to go to court.

In this article, we will consider the main aspects of legal divorce.

The divorce procedure consists of the following stages:

1. Preparation of the lawsuit

To begin with, you need to prepare a statement of claim for divorce.

The document must state:

• Personal data of both spouses (name, address of residence or actual residence, date of birth, etc.)
• Marriage information (date of registration, place of registration and details of the marriage certificate)
• Reasons for divorce
• If necessary, requirements for the distribution of joint property, as well as determining the place of residence of children

2. Filing a lawsuit

As a general rule, a claim is submitted to the local court at the defendant's place of residence.

However, there are cases when the plaintiff can choose an alternative jurisdiction, for example: if the plaintiff supports children under the age of eighteen, has health problems or other circumstances, due to which he is unable to appear at the hearing at his place of residence the other spouse; if the parties have agreed among themselves to consider the case at the place of residence of any of them.

The following documents must be submitted together with the claim:

• A copy of the marriage certificate
• Copies of documents confirming the grounds for divorce (if available)
• Copies of documents confirming the identity of the applicant and the other spouse

3. Litigation

After filing the application, the court opens proceedings and sets a hearing date. Both parties have the right to be present at court hearings, to represent their interests, to provide evidence and explanations.

The court has the right to consider all the circumstances of the case, including the issue of children and their future place of residence. If the spouses are in conflict, the court can appoint mediation or try to resolve the differences.

After considering the case, the court makes a decision on divorce. This decision enters into force after 30 days, provided that one of the parties does not appeal it.

Conclusion

Divorce by court order -it is not only a legal procedure, but also an emotionally complex process that requires careful preparation. It is important to understand that the correct preparation of documents and compliance with all the norms of procedural legislation can significantly affect the outcome of the case.

If you are in the process of divorce, we recommend that you consult a qualified lawyer to analyze the case in accordance with current legislation. Lawyers and attorneys of the legal company "Prikhodko and partners" have many years of positive experience in accompanying divorce cases, determining the place of residence of children and dividing property, so they will be able to provide professional assistance in filing an application, preparing the necessary documents and protecting your interests in court.