After the decision on divorce has been made, the question often arises of how to properly start the divorce process and where to go first. Divorce of a married couple can be judicial or administrative, depending on many factors.
Instructions
Step 1
Administrative divorce is resorted to in cases where the spouses do not have children under the age of 18, as well as claims against each other, including material ones. That is, if both spouses agree to divorce, then they need to write an application for divorce.
Step 2
The application is submitted to the registry office at the place of residence of the married couple. In about a month, both spouses will be summoned to the registry office at the appointed time, where their marriage will be administratively terminated. Both spouses will receive their hands on a certificate of divorced marriage.
Step 3
Through the registry office it is also possible to divorce if one of the spouses is recognized as incompetent, missing, convicted with a term of imprisonment for more than three years. In this case, the registry office employees will divorce the couple, even if there are children who have not reached the age of majority.
Step 4
The divorce process, which is considered in court, seems to be more complicated. The spouses apply to the magistrate's court for divorce if they have children who have not reached the age of majority, if there are disagreements in the division of property, or if one of the spouses does not want to get divorced.
Step 5
An application from one of the spouses is accepted to the court for consideration. Both spouses or their representatives will be summoned to court hearings. How quickly the divorce process will be completed in this case (in one trial or several) depends on many factors.
Step 6
Before going to the court session to consider the dissolution of the marriage, the spouses should come to general agreements in resolving various issues. For example, with whom of the parents will the children remain, how the property will be divided, from whom and to what extent the spouses will be charged alimony, and so on. Without such mutual agreements, a divorce in court can drag on for a long time.
