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DIVORCE PROCEDURE

 The divorce procedure can take place in two ways. The first – divorce through the state registration of civil status – the simplest procedure. Occurs when two spouses agree to divorce, there are no minor children from their marriage.

 The application is submitted by both the husband and the wife to the body of state registration of civil status acts at the place of residence of the husband and wife or one of them with their consent. A joint application for registration of divorce is submitted to the registry office, the procedure of consideration of which lasts one month. If the spouses have not changed their plans and wishes to divorce within a month, the day of registration of the divorce is set, a corresponding entry is made in the register, after which a certificate is issued. After receiving it, the marriage is considered dissolved. Through the bodies of state registration of civil status acts, one of the spouses may apply for divorce in case the other spouse is declared missing or incompetent.

  The second is a divorce in court. Divorce in court is also possible in several ways. The first and easiest way is to submit an application together with a notary agreement, which determines with whom the children will live after divorce and ways to participate in the upbringing of the child of the parent who will live separately, the procedure and amount of child support and other conditions and education. In this case, the application is filed by the husband and wife, they both want to divorce and they have no dispute over the upbringing and provision of children, and therefore the case will be considered in a separate proceeding. The application in this case is submitted to the court at the place of joint residence of the spouses of one of them by agreement. Termination period – 1-3 months.

 If the spouses have not agreed on the desire to divorce and raise and provide for the children, all the conditions of the divorce will be established by the court. The process will be longer than in the previous case. A statement of claim is filed with the court at the place of residence of the defendant or at the place of residence of the plaintiff, if the children live with him. The divorce period is 2-6 months, depending on the complexity of the case and the dispute, as well as the organizational process of the judge.

What documents are required?

For divorce through the registry office:

it is necessary to submit a joint application of the spouses for divorce, the passport of each spouse and a marriage certificate. If one of the spouses applies (in case the other spouse is declared incompetent or missing), the relevant court decision.

For divorce in court:

it is necessary to file an application / claim for divorce in duplicate, passport and TIN of the plaintiff and defendant, marriage certificate, birth certificates, documents proving income, if alimony is collected, in case of consideration in a separate proceeding – agreement on the child’s place of residence and the method of participation in the upbringing and provision of the child, a receipt of payment of court fees.

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