What do you need to do to get divorced? How is property divided? Serious property disputes

Families in which spouses do not learn to interact, understand each other and move forward together end up in divorce. A man is much more comfortable in marriage than a woman. Therefore, husbands often protest if they are offered a divorce. In a male protest, any woman can find a benefit and try to improve family relationships. If the husband behaves defiantly and rudely, then you need to get a divorce. How to divorce a husband if he is against divorce, threatens with reprisal, threatens to take away joint child and leave without anything? Where do I need to apply for a divorce in order to get rid of home tyrant? Such questions are often asked by women who did not get what they aspired to in marriage.

Betrayal of one of the spouses, cruelty, laziness, vices become frequent. Men behaving arbitrarily in the family or, on the contrary, lazily living their lives on the couch, not wanting to work, sinking, having bad habits, force women to start divorce proceedings.

How to divorce your husband when there is no desire to live nearby and take care of him, or when the relationship has become obsolete and has only legal force?

Legislation of the Russian Federation and divorce

In order for the state to agree to annul the marriage, the desire of one of the spouses is sufficient. It often happens that a married couple has not been connected for a long time, they do not live together, each has its own personal life and marital relations virtually ceased to exist. In such a situation, a woman needs to apply for a termination marital relations, and the spouse, who is not able to be physically present, but who approves the idea of divorce, will write his application in the form, certify it with a notary public and transfer the finished documents to his wife. If the spouse does not have a husband’s application, then a legal representative may be present instead of him when submitting the application. The marriage relationship is annulled if only the wife is present during the divorce proceedings.

The legislation of the Russian Federation provides that only one spouse may wish to divorce, and the second will actively protest, sabotage, and not give his consent. There is a possibility of divorce even in this case. This must be done only in judicial order. IN Russian Federation it is common practice where hearings are held if only a woman shows a desire to divorce. She has the right to get freedom from obsolete relationships, and the law does not restrict her in this decision. During a divorce, a woman can be pregnant, be on parental leave for up to 3 years. The legislation states that a woman who decides to break off marriage takes responsibility for her material well-being.

How do we start breaking up a relationship?

A woman who decides to divorce her husband should approach this issue seriously and without unnecessary emotions. Otherwise, she will be considered hysterical, and her husband can play on this by putting her in court with worst side. First, you need to understand without unnecessary emotions what pros and cons a break in relations will bring to a woman, weigh and think whether everything is so bad, is there an opportunity to change something in better side.

Sometimes a man just doesn't appreciate what he has. And left alone, he begins to understand what he is losing. Then it is useful for the couple to separate for a while to understand this.

If a man constantly insults his wife, behaves aggressively, uses drugs, alcohol, falls into hysterics, does not fulfill the function of the master of the house, does not fulfill marital debt and even his appearance causes irritation, then the decision to divorce will be the right one.

In other cases, you need to contact the psychological support service. The decision to divorce is made only when the whole marriage has been spent with the husband. educational work, all the recommendations of the psychologist were fulfilled, but the relationship between the spouses did not change for the better.

After the decision to divorce, you need to immediately start processing. It is impossible at the same time to threaten her husband, descending to insults and humiliation. If you decide to get a divorce, then your life paths diverge and part of the life lived with this person remains in the past. Move forward, keep calm and confident, do not quarrel where there are spectators. This may be of interest only to those who like to judge and gossip. By maintaining calm during the divorce process, it is possible to maintain normal relations after it. This is important when there are minor children who find it painful to watch their parents quarrel.

Where do you apply for a divorce?

This application is submitted at the place of permanent residence of the defendant. If the husband is unregistered and lives without a fixed place of residence, then the application is submitted at the last known place of his registration. The same address is indicated in the application. For divorce, write statement of claim, attach a marriage certificate, an extract from the house register at the place of residence or a certificate of temporary registration. If you have children, you need a birth certificate of the child. A notarized consent to the divorce will be required if the spouses do not want to appear at the court session, but agree to the divorce.

An application for divorce is submitted to the bodies that deal with this: the registry office, world or district court. Organ choice depends on family situation. If there are no joint children or they have grown up, the spouse managed to be persuaded to joint statement and there is nothing to share, then they turn to the district registry office at the place of permanent registration. They pay a state duty for divorce, fill out the appropriate application form and wait a month. A month later, they appear on the appointed day and are present at the registration of the dissolution of the marriage. After that, they pay the state duty for receiving, receive a document, a stamp in their passport confirming that the marriage has been terminated, and acquire complete independence from ex-husband.

In the registry office they will divorce even if the spouse is recognized as incapacitated or missing. The legislation allows divorce if the spouse is in prison and his stay there will last more than 3 years.

If a woman decides to divorce, and the family has children under the age of 18, an application for divorce is filed with the Magistrate's Court. He makes a decision if there are no property or other disputes. If the husband does not agree to a divorce, the couple has joint disputed property, then the application is submitted to the district court. During the trial, the court will take into account the interests of each of the spouses and minor children.

In order for the application for divorce to be accepted, a receipt for payment of the state fee is submitted along with it. If the divorce is due to mutual agreement parties, then the state duty is charged from both spouses in the amount of 400 rubles each, regardless of where it will take place. If the husband, by a court decision, is declared missing, incompetent, or convicted for more than 3 years, the state duty is levied only from the wife in the amount of 200 rubles.

What else needs to be done while filing a claim?

The statement of claim is submitted together with the application for determining the place of residence of the child. Claims for the division of property and the establishment of maintenance obligations must be attached to them. This is important to do right away, not hoping for later. Litigation They require time and money, they are emotionally costly, and if all issues related to divorce are resolved in one court session, then this will make life easier in the future.

If the property was not divided in time, then this may have a bad effect on the well-being of the woman, because she is physically weak. A man can easily leave his wife with nothing if everything in the marriage was recorded on him, and the division of property did not happen. There will be no unnecessary disputes with the spouse if the court decides with whom the children will live after the divorce, who and how will pay child support.

In addition to these alimony, a woman has the right to demand money from her ex-husband for her own maintenance. The law allows this if the wife was on parental leave or did not work during the marriage because she was household. In order for the court to be able to make a decision on establishing the amount of alimony, a statement of all the income of the spouse who will pay them is submitted.

During a divorce, a husband and wife can independently draw up an agreement in which they will stipulate how the division of property will take place, with whom the children will live after the divorce, and the procedure for meeting the second parent with them. This agreement is submitted to the judge during the process for approval and legal status. The court will consider it. If the drafted document does not contradict the interests of one of the parties or children, the judge approves the agreement or amends it, and warns about it.

How is the divorce process going?

After all the documents are collected and submitted, 1 month must pass from the date of submission of the application, which is given for the reconciliation of the spouses. About the beginning court session inform the agenda. It will indicate the place, date and time of the event.

During the meeting, the judge will ask questions to the plaintiff, through which he wants to understand the essence of the problem and make a decision. He will ask about what caused such a desire, who is to blame for the current situation, and whether there is a possibility of reconciliation. Based on these answers, the court will decide to dissolve the marriage immediately or give time to think.

The judge will make a decision on the case within an hour after the hearing. When a decision to dissolve a marriage is made, it must enter into force. If no one disputes it, then after 3 days the court sends a resolution to the registry office, on the basis of which a certificate of divorce will be prepared and issued.

How to divorce your husband if he is against it?

If the husband, who was notified of the time and place of the court session, did not inform the court of the valid reasons for his absence, did not ask for the case to be considered in his absence, did not appear in court for the hearing of the case, the judge has the right to issue a decision in absentia. The spouse has the opportunity to challenge the absentee decision within 7 days from the date of receipt of a copy of this document. He must file a lawsuit in court. A court decision in absentia may also be appealed on appeal. It will be canceled if the defendant who did not appear proves that his absence from the meeting was due to valid reasons, but at the time of the trial he could not report them. After the annulment of the default judgment, the court resumes consideration of the case. If the spouse did not appear for the second time, the judge makes a decision that is not absentee. The defendant will no longer have the opportunity to apply for review of this decision in absentia.

What is the reason for divorce to give in court?

All divorces in the Russian Federation occur at the request of one of the spouses. The court does not consider the guilt of one spouse before the other. Therefore, the formulation of the reasons does not affect the divorce proceedings, which cannot be terminated if one of the spouses declares that family relations are continuing against his will. For divorce, neither children who have not reached the age of majority, nor property disputes will become an obstacle. The resolution of these issues complicates the movement towards the goal, but it cannot stop the divorce process. One of the reasons for a divorce, in which the spouse will not be asked for his consent, will be the situation when he is serving a sentence in a correctional institution and will be there for more than 3 years. In such a situation, it is required to submit an application to the registry office.

Where can I get divorce papers?

The document confirming the divorce is a certificate of divorce. It is issued only at the registry office, after presenting a copy of the court decision on divorce. To obtain it, you also need to pay a state fee. It is necessary to present personal documents and a marriage certificate. Do not forget to stamp the divorce in your passport, otherwise you will have to constantly prove that the marriage is dissolved. In a stamp placed on the page " Family status”, the entire necessary information, which will help restore the certificate of divorce, if it is lost. Keep all official papers that were received during the divorce proceedings. They may be needed in various life situations. If necessary, all lost documents can be easily restored if a person lives in the locality where the divorce took place. When moving with the restoration of documents, problems may arise.

Although the law provides that mother and father have equal rights and obligations towards children, the same law protects the rights of women and the interests of children. Therefore, it is not so easy for a husband to understand the intricacies of the divorce process with his wife in the presence of children.

Where to apply for a divorce from a wife with children?

Depending on the circumstances documents for divorce from a wife with children should be submitted:

(in such cases as the recognition of the wife as incapacitated, dead or missing, condemning the wife to imprisonment for more than 3 years);
to the world court(if an agreement has been reached between the husband and wife on the place of residence of the children, on spending time and communicating with children, on the upbringing and material support of children);
to the district court(if there are disagreements between husband and wife about children).

To apply to the Magistrate's Court, the spouses must first of all agree on where and with whom their children will live after the divorce (for example, they will stay with their mother). It would be useful to agree on how the father will implement his parental rights in relation to children: how often to see and communicate with them, how to participate in their upbringing, development, education, etc.

Note! The absence of a decision on the payment of alimony is not a disagreement. The issue of alimony can be resolved both in the magistrate's court and out of court - by concluding a settlement agreement between the spouses.

Features of divorce from a wife with a child

The presence of one or more children significantly complicates the procedure for divorcing a wife.

How to divorce your wife if you have a child under 1 year old?

If the child is under 1 year old, the husband cannot file for divorce without the consent of the wife. This rule applies during the period of the wife's pregnancy, as well as in the event of the birth of a dead child or the death of a child during the first year of life. If the wife herself is the initiator of the divorce or agrees to the divorce, the divorce procedure is carried out in the usual manner - there are no obstacles to this.

That is, In order to divorce your wife with a child under 1 year old, you need to get her consent to divorce: discuss the reasons for the divorce, prove the impossibility of preserving the family, resolve any differences, conclude settlement agreement about children. Divorce from a wife is possible only with her written consent or verbal confirmation of consent in court.

If the wife refuses to give her consent to the divorce, the husband will have to wait until the child is 1 year old. Then it will be possible to freely file for divorce in the general manner.

True, there is another way to divorce your wife before the end of the first year of a child's life - challenge your paternity in court. The husband has the right to take this radical step if he has evidence that he is not the father of the child. A husband who decides to challenge paternity should conduct a DNA examination. Such a study will cost a lot, but if its result confirms the doubts of the husband, its cost will be recovered from the wife.

Divorce from wife if child is under 3 years old

The procedure for divorcing a wife in the presence of a child under 3 years old occurs according to the general ones.

The only thing that should be taken into account by the husband in this situation is that he is responsible for financially providing not only the child, but also the wife. After all, the mother has the right to be in maternity leave and not work until the child reaches the age of three.

This means that if the wife files an application for the recovery of alimony, the court will oblige the husband to pay the established amounts for the maintenance of his wife and child until the age of 3 years.

How to quickly divorce your wife if you have a child?

If there is a need to divorce as quickly and easily as possible, the husband needs to reach an agreement with his wife. Spouses must conclude a written agreement in which all "children's" issues will be settled. For example, it will be stated that the child remains with the mother after the divorce, that the father has no claims regarding the upbringing of children by the mother, that the father undertakes to financially provide for the children by paying fixed amounts monthly.

If there is such a written agreement between the spouses, there will most likely be no delay in the divorce process.

How to keep a child?

Sometimes the father of the child insists that the child stay with him after the divorce. What needs to be done to convince the court that you are right?

It is necessary to obtain a conclusion from the guardianship and guardianship authorities that the living conditions of the father are suitable for the child or several children to live.
It is necessary to provide certificates to the court confirming regular income, thereby confirming your ability to cover the material needs of the child - to buy food and clothes, give toys and entertainment, pay for rest and education.
It is desirable to receive good recommendations from a place of work, from a public organization or a church community.
It is necessary to decide who will take care of and raise the child while his father is at work. Nanny, grandparent, housemate or new wife- whoever it is, it is important that the child is provided with the necessary care during the absence of the father.
If the child is already 10 years old, the court will ask his opinion about who he wants to live with. If the child really wants to stay with the father and is ready to declare this in court, this will play to the benefit of both.
Finally, the court must be convinced that the child will be better off with the father than with the mother. Emotional outpourings will not help the cause, more weighty arguments will be required. For example, if the mother does not work, leads an immoral lifestyle, does not have a furnished living space, suffers from diseases, is prone to alcoholism or drug addiction, the court will be inclined to support the position of the father and leave the children with him.

Child support after divorce

The issue of recovery of alimony for the maintenance of children can be resolved in court simultaneously with the consideration of the divorce case. In addition, a husband and wife can independently determine the amount and procedure for paying alimony - out of court, by drawing up and notarizing a written agreement.

Fast? In general, breaking up officially registered relationships is not as easy as it seems. Especially if the marriage is complicated by something. For example, the presence of minor children. In any case, you can terminate the relationship at any time. This right is given by law to all citizens. Nobody is able to take it away. However, you need to be aware of a few nuances. Otherwise, the divorce process will not only drag on for for a long time, but will also bring a lot of problems to spouses. So what should you pay attention to? How can you get a divorce pretty quickly? Especially if there is no protest from the second half.

From the situation

A huge role is played by the situation that takes place in the family. Somewhere divorce takes place in a matter of days. In some cases, it drags on long months. And the consequences also take quite a long time to sort out.

That is why you should first pay attention to what kind of development of events takes place in a particular cell of society. How to quickly divorce your husband? Most fast way- mutual agreement. Then you don’t have to wait once again and seek the approval of your spouse. Therefore, the first advice - you need to enlist the support of the second half. It is likely that she is also not happy with the registered relationship.

Without property

To begin with, it is worth considering the simplest scenario: when the marriage is not burdened by anything and the parties do not have any jointly acquired property or disputes regarding this issue. Then an urgent divorce is issued in a month.

Citizens must apply to the registry office at the place of residence of one of the parties. Certain documents are submitted there, then you need to wait a month. During this period, the husband or wife is able to withdraw the application for divorce. 30 days according to the law is the time of reconciliation.

As soon as it expires given term, the parties must return to the registry office at the appointed time (possible at different time, not necessarily together) and get a divorce certificate there.

Documents that you need to bring with you to terminate the relationship (at the first visit):

statement;
parties' passports;
receipt for payment of state duty.

Property disputes (small)

How to get divorced quickly? If we are talking about more serious relationship who were saddled with the purchase common property, you will have to try. Especially if there are disputes during the separation.

Here you can break down property issues and divorce into several parts: disputes small and large. In the first case, it is recommended to agree. If this does not work out, then the initiator of the divorce must go to court.

You should not be afraid of this. You will need to write a claim and submit it with a certain list of documents to the district court (at the place of residence of one of the spouses). They bring with them:

passports of applicants (or one of them);
marriage certificate;
documents for joint property;
payment document, which confirms the payment of the state fee for divorce.

The minimum term for consideration of the case is 3 months. So much is allocated for reconciliation of the parties. If desired, citizens can withdraw the claim and not file a divorce.

Serious property disputes

Nevertheless, it often happens that people tune in decisively. Then there is only one thing left - to get divorced. If we are talking about mutual consent, but at the same time the divorce process is burdened with serious property disputes (over 50,000 rubles), then you will have to go to the world court.

There is no significant difference in performance. But, as practice shows, it is best to peacefully agree on the division of everything acquired together. And this normal phenomenon. It is recommended to conclude Or in advance at the notary, or already directly in court. Then it will be possible to get a divorce without problems.

The documents that must be submitted to the Magistrate's Court are the same as in the case of applying to the district authorities. Special attention should be paid. After all, that is why it is necessary to formalize the process in court.

Children

How to get divorced quickly? Failed to bring ideas to life as soon as possible if people have minor children. It's about O joint toddlers. In this case, the only way is through the courts. There is only one difference - in the absence of disputes regarding the residence of children, the termination of the relationship ends faster.

Parents were able to agree with whom the children will live? Then a settlement agreement is concluded (preferably in advance, with a notary), after which the previously listed documents are submitted to the Magistrate's Court. If there is a conflict, then you will have to invite the guardianship authorities and additionally provide:

income statements;
birth/adoption certificates (in case of any divorce);
confirmation of the availability of housing;
results of a medical report on the state of health.

In general, everything that will help indicate the well-being of parents. In particular, those with whom the children are supposed to live. This is a completely normal practice, you should not be afraid of it. Usually minors stay with their mother.

newborns

How to get divorced quickly? Practice shows that during the wife's pregnancy and after childbirth, a man is not able to bring the idea to life. If he intends to terminate the officially registered relationship, then he will have to persuade his wife to do so. A pregnant woman can file for divorce, her husband cannot. AND given right is retained mainly by the woman for a year from the moment the baby is born.

In general, the process is no different. If the spouses both agree, they apply to the registry office with a statement at the place of residence of the wife. In the presence of disputes - in the world or district court. The plaintiff must be a woman.

After the courts

Now it’s clear how to get a divorce quickly mutual consent. However, what if judgment already taking place? Courts do not issue divorce certificates. So, it is required to produce the corresponding document.

As already mentioned, you need to come to the registry office. There are provided:

certificates of a court decision;
application of the established form;
the identity of the parties;
certificate of marriage and birth of children (if any);
fee payment receipt.

After that, the employees will issue the appropriate document to each of the parties. can be picked up. Only then can the process be considered 100% complete.

Price

What else needs attention? That divorce is not a free process. Just like getting married. As practice shows, citizens will have to pay for these procedures.

The cost of a divorce in 2016 is 650 rubles. This amount is paid by one of the parties, it is considered for both spouses. Not too big money.

In addition, the unspoken cost of a divorce can include nerves and time (from 1 to 3 months minimum). Accordingly, if there are no encumbrances, then the process will pass quickly. But if you have children and common property, you will have to try hard. Now it’s clear how to get a divorce quickly in one case or another. It is recommended to think carefully about whether this is necessary. And just like that, do not submit an appropriate application to the registry office or the courts. Yes, within a month you can pick it up, but in this case, relations between the spouses are unlikely to improve!

Marriage is a difficult test for both partners. To date, according to disappointing statistics, 829 out of 1000 couples get divorced. And the banal phrase “didn’t get along” is not always the reason. Often it is more serious reasons, including domestic violence, and alcoholism or drug addiction of the spouse. It is difficult for any woman to decide on a divorce for many reasons, for example, because of children or material and moral dependence on a companion. In such difficult situation it is difficult to do without the support and advice of psychologists.

Serious signs that indicate the need to end a relationship

"All happy families similar to each other unhappy family unhappy in its own way,” wrote the great classic. After honeymoon the process of grinding partners to each other begins. During this period, it seems close person not at all as perfect as before the stamp in the passport. His flaws come up bad habits which are sometimes very difficult to deal with. It was then that the first doubts arise about the prospects for further relations.

Banal domestic quarrels, even if they occur periodically, are not yet a reason for divorce. In any union there are both crisis and temporary difficulties. There are more serious reasons, which should be regarded as a signal to break off relations. Among them are:

Treason. Statistically one of the most common causes for divorce - adultery. It should be regarded as disrespect not only for your partner, but also for your choice. And if there is no respect in the family, then there is no question of love. The injured party begins to doubt himself, closes, loses confidence in the second half, and this is an important component harmonious relations. When this phenomenon becomes systematic, it is worth thinking about parting.
Problems in intimate sphere. This side of family relations is not the most important. But the constant dissatisfaction of one of the spouses or both turns into resentment and irritation, which sooner or later leads to relationships on the side.
Assault. If the husband allows himself to raise his hand to his wife, then there is no need to talk about any feelings. Staying with such a man is dangerous, because one random blow can be followed by a series of everyday beatings. If you believe the criminal reports, most of the murders occur precisely on the basis of domestic conflicts. If the husband beats, there is only one conclusion - it's time to get a divorce.
moral violence. In addition to physical violence, there is also moral violence in the family. If a spouse constantly humiliates, insults, bullies, then over time the woman turns into a hunted victim, full of complexes. All this leads to severe nervous disorders and mental disorders. A divorce from a tyrant husband should not be postponed until constant pressure did not develop into severe physical illness.
Alcoholism or drug addiction are serious illnesses that even a very good wife cannot solve on her own. If the husband is an alcoholic or drug addict, you should not blame yourself for his choice and take responsibility for the actions of a stranger. If everything possible was done to save the relationship, but there was no result, then there is only one way out - divorce.
Life for children. Children need to grow up in a complete family, where both parents are actively involved in their lives. If in family relationships often there are conflicts, quarrels and all this happens in front of the baby, it is quite possible that he will be much more comfortable after the separation of mom and dad. In an effort to glue together a broken relationship in which there is no longer love and mutual understanding, the spouses, unknowingly, lay in the mind of the child the wrong model of behavior in his future family.
mutual dissatisfaction. Perhaps both spouses have a rejection of certain habits of the second half. In this case, over time, irritation will only increase, and sooner or later this will lead to the collapse of the union.
Termination of communication between spouses and lack of common interests. For harmonious relationships, it is important to have not only mutual feelings, but also common interests and topics for conversation. Otherwise, the marriage will become insipid and quickly bored by both partners. If a man does not pay enough attention to his companion, a woman withdraws into herself, plunges into personal experiences and stops discussing urgent problems with her partner. As a result, the accumulated grievances lead to the decision to divorce.
Uneven distribution of responsibilities and unwillingness of a man to provide for his family. If caring for children financial difficulties, the household lies only on the woman, then such relationships will not last long. Marriage is, in a certain sense, a collaboration, and all the duties and responsibilities that arise in the process life together, should be evenly distributed.

No matter how serious the reasons that made a woman think about ending her relationship with her husband, the decision to divorce should not be taken in haste. It is necessary to assess the situation from all sides and only then act.

Husband is a tyrant

In most cases, ladies try to glue the broken cup of relationships together, delaying the inevitable end of the marriage until the last moment. The advice of psychologists will help to overcome fears and doubts. First you need to decide why you don’t want to end the relationship, then and only after that make the final decision. Specialists highlight the following reasons why women are afraid of divorce:

Belief that the partner will change. The infantile views of some women that any person can be changed over time sometimes lead to the continuation of a marriage that actually ended, which does not break up, despite all the logical arguments in favor of its dissolution. People don't change and don't have to be what they want to be. Vain attempts to adjust the soulmate for themselves usually lead to mutual irritation, resentment and, in the end, to divorce. It is necessary either to accept the companion as he is, or, if coexistence makes a woman unhappy, to leave.
Fear of being alone. Fear of loneliness is experienced by women with low self-esteem, who have not taken place in life and are not self-sufficient. They are willing to endure long years an unsuccessful union with a complete stranger just because, in their opinion, no one needs them anymore. In this situation, psychologists advise to love yourself, gain independence and independence. After a divorce, you will have some time to be alone with yourself. This period should be considered a kind of pause, when you can calmly think about yourself, your later life to organize thoughts and appearance. Imperceptibly, the situation will begin to change for the better, loneliness will no longer be a burden as before, confidence and determination will appear in the eyes, which will attract a large number of new fans.
Financial insolvency or unstable life situation. It is difficult to decide on parting in a situation where a woman does not have a job and material means for an independent existence. In this case, it is worth thinking about your desires, understanding what you really want to get from life, and acting in accordance with a clearly constructed action plan. For example, get an education, find promising work enlist the support of loved ones for the first time. It is important to remember that there are no hopeless situations.
Unwillingness to leave children without a father and take full responsibility for their upbringing and maintenance. If the family has a child or two or more children, think about how to divorce even the most bad husband, It's hard enough. On the one hand, the entire burden of obligations to offspring and all the difficulties associated with their development and material support will fall on the shoulders of a woman, on the other hand, it is very difficult to deprive a child of paternal participation. The divorce of parents is a severe psychological trauma for any child. But life in a family where there is a difficult moral situation with an alcoholic or a tyrant father is even worse. In such a situation, it is necessary to think about the interests of children, this will help about breaking off relations with a spouse.
Force of habit. The difficulty lies in the fact that it is difficult to part with a person with whom he has lived for more than one year, shared joys, hardships and a bed. Sometimes addiction takes on such a character that a woman is ready to forgive absolutely everything and make concessions where it is worth saying a firm “no”. Experts advise in this case not to be afraid to make a radical decision about parting, not to consider the spouse as property and let him go, keeping him a good relationship. This will make it less painful.
Fear of condemnation from relatives, mutual acquaintances. Any couple who has lived together for quite a long time develops a certain social circle. Fear of someone else's opinion often leads people who have cooled off to a friend to continue to be married because of fear of condemnation. Here it is worth considering that you need to live for yourself, and not for others, and build a life at your own discretion.

Divorce should not be feared. The end of an old relationship is always the beginning of a new stage, a step towards emotional liberation, a full, calm and healthy life.

Legal Consequences

If the decision to divorce is nevertheless made and is not subject to discussion, then it is necessary to prepare for it not only psychologically, but also with legal point vision. It is important to know:

1. Property acquired during marriage is divided in half. Property that was acquired or inherited by a spouse before marriage is not subject to division. In order to avoid conflicts, all property disputes should be resolved in court.
2. Property acquired on credit, which has not been repaid at the time of the divorce proceedings, is divided equally or into shares, like the loan itself.
3. If the children stay with their mother, the father is obliged to pay them alimony until they come of age or until the end of their studies in higher education. educational institution in the amount of a quarter of the total income for one child, a third - for two, half - for three and subsequent children.

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Most often, divorces are initiated by wives - there are much fewer men who want to divorce their wives. People decide to divorce, as a rule, when they understand that the marriage is doomed, and the couple can no longer live together. The most difficult thing is to get a divorce if there is a child: sometimes it is very difficult for children to understand the reasons for the separation of their parents. In this case, the procedure becomes much more lengthy and troublesome, and even with psychological point of view, divorce is perceived much harder. In this case, you should not be led by emotions and involve in the divorce process, as this can lead to the development of neurosis in the child. And in no case do not forbid the child to see his father or mother after a divorce, this will cause irreparable damage to his psyche. To get a divorce right, you should listen to some practical advice.

If you are going to divorce, calmly analyze the current situation. Decide on a divorce only if there is no other acceptable solution. If you still decide on a divorce process, try to translate it into a business and legal plane from the very beginning. Do not stoop to mutual accusations and humiliation.

Even if your relatives, friends or colleagues assure that your half is completely to blame for your divorce, do not follow their lead and do not try to take revenge on your spouse. The more calmly you approach the divorce procedure, the more likely you will be to keep normal relationship and after termination.

It is possible to dissolve a marriage in the registry office only if the divorce is a mutual decision of the spouses, and they do not have common minor children. In this case, they need to contact the registry office and write a marriage application. Usually, spouses are given a month to reconcile, and if during this time they do not change their mind, the marriage will be dissolved, in confirmation of which they will be issued a divorce certificate.

It is also possible to get a divorce without the consent of one in the registry office, but only if one of the spouses has been declared incompetent or missing, or, according to a court verdict, is serving a prison term (at least three years imprisonment).

If you have common children who have not reached the age of majority, or if one of the spouses does not agree to a divorce, the marriage will have to be dissolved in court. You also have to go to court in the event that there is a property dispute between them (the issue of the division of property will be decided exclusively in court). During the divorce proceedings, the court takes into account the interests of each of the spouses and their minor children. In no case should the divorce of parents negatively affect the lives of children.

If one of the spouses changed his surname during the registration of the marriage, after receiving a divorce, he has the right to both restore his premarital surname and leave the surname received.

Remember that the divorce process is always easier and faster if you turn to a qualified lawyer for help in time - in this case, many problems and misunderstandings can be avoided.
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- how to get a divorce
As statistics show, the number of divorces is growing noticeably every year. That is why people try to make every effort to save the family.

When should you divorce your wife?
Men decide to divorce their wife different situations.
The reason for the divorce may be a new hobby of a man. If you have started an intrigue on the side and understand that your feelings for your mistress are much stronger and deeper than your feelings for your wife, you should not waste time and delay the decision to divorce. The fact is that in this way you will torment not only yourself, your new lover, but also your legal spouse. Of course, she will take your decision painfully, but it will be much more honest with her.
The second reason for divorce is your wife's new hobby. If you understand that your spouse periodically cheats on you or plunges headlong into a new relationship, you better think about the fact that, most likely, it's time to put an end to it. Understand that keeping a person who does not need you around you will be a rather stupid act. Surely you will not be able to achieve her reciprocal feelings. If a girl once decided to start an intrigue on the side, she destroys your trust, and there can be no love without trust. Your relationship will simply be doomed.
Marriages do not always break up due to the appearance of third parties in them. The decision to divorce can be made even when your significant other has become cold towards you or stopped doing their household chores.
When should you divorce your husband?
The reasons for divorce from a spouse may be similar, but some others can be added to them. For example, sometimes families break up due to bad habits husband. If your lover abuses alcohol, he is unlikely to be able to become an exemplary family man and good father. Even if you already have children, they should by no means look at how an intoxicated father is constantly with his mother.
In addition, women often suffer from male assault. This kind of behavior should not be tolerated. It's better to file for divorce and start life with clean slate than to constantly endure humiliation from a beloved man.
Remember, whatever the reason for your obsessive thoughts about divorce, before making such a difficult and responsible decision, you need to make sure that your relationship can no longer be saved. Talk to your significant other, find out if she sees any ways to restore peace in the family. Most likely, by joint efforts, you will still be able to improve your relationship and return your love.