Divorce is an unpleasant procedure, through which many people still have to go through. How to protect your rights during the proceedings? It is advisable to prepare in advance to understand what you are dealing with. In this article, we will cover issues related to divorce proceedings. From it you will learn the relevant information for you, which will help to outline further plans.
How does the divorce proceed? This procedure can be initiated by applying to:.
REGISTRY OFFICE;.
court.
In the first case, you simply file an application, pay a state fee and wait for a positive decision of the authorities. This scenario is possible if both spouses agree on divorce, and also if they do not have common children. If there are any disputable issues, it is necessary to apply to the court.
If the wife is pregnant, then divorce is impossible, until the child is born one year old.
In court, the case is considered if one of the spouses does not want to divorce. Also, in this mode, the problem is solved if there are children under 18. Property disputes almost always take place with the involvement of the court.
If one of the spouses is against divorce, then in this case the time is most often given for reflection. This is done for the reason that 20 percent of applications for divorce are given rashly, due to an emotional reaction to an event. 10% of families reconcile, refusing to divorce. But sometimes even after the period given by the court for reflection, the decision does not change. In this case, it is concluded that the spouses can no longer live together and divorce is expedient.
"Children's" question It is best to solve the problem amicably. Parents can conclude an agreement that the children will remain with one of the spouses. This document is certified by a notary. Nothing more is required.
If parents can not decide for themselves who the children are staying with when they divorce, they go to court. There, the place of residence of minors will be decided, as well as the size of the payment of alimony. The judge will determine the time of communication with the child of the second parent.
Usually it takes about a month to resolve these issues. But if the parents have any conflicts, the process can be delayed.
Property disputes Most often the couple decides between themselves how to share the acquired by joint work. But sometimes there is no agreement in this matter. How does the division of property occur in case of divorce? You will have a long litigation.
According to the law, the parties can use various arguments and arguments that prove the truth. Here the tactics of conducting business plays an important role. In order to persuade a judge to his side, it is necessary to explain clearly why this should be divided property. It is better for this to attract a professional lawyer who can profitably represent your interests.
The process of dividing up property may take a long time - from months to several years.