Today we are discussing the nuances of the process of divorce.Divorce is an extreme measure. However, in the event that your decision to terminate the marriage is final, then this issue should be treated responsibly. In the framework of this article, we will consider how to solve the issues contained in your appeal as wisely as possible.
Which state body should apply
The current legislation provides for judicial and non-judicial procedures for Separation Agreement .If the spouses have reached an agreement on the need to dissolve the marriage and at the same time they do not have general minor children and the dispute over the property, then in accordance with Article 35-1 of the Code on Marriage and the Family, marriage can be terminated by the body registering acts of civil status.
- In addition, it should be noted that the dissolution of marriage by a court is made in the order of the proceedings, i.е. Apply to the court is necessary by filing a statement of claim.
- As seen from your application, from marriage with your spouse you have common underage children. For this reason, you can terminate the marriage solely in a court of law.
Article 46 of the Civil Procedure Code establishes a general rule of jurisdiction, according to which the statement of claim must be submitted to the court at the place of residence of the defendant.
However, in accordance with clause 10 of Article 47 of the Civil Procedure Code, the claim for divorce can be presented also at the place of residence of the plaintiff, when underage children are with him.
Therefore, in your case, due to the fact that underage children live with you, with a claim for divorce, you have the right to apply to the court at your place of residence, and you will not have to go to court at your spouse’s residence. The Power of Attorney Form happens to be important here.
According to the tax legislation , the amount of the state duty for filing a claim for divorce is determined by the number of previously registered marriages (for this reason, information on the number of previous marriages should be reflected in the statement of claim).
- When applying to the court with a statement of claim for the dissolution of the first marriage, it is necessary to pay a state fee of 4 basic units; on the dissolution of a repeated and each subsequent marriage in the amount of 8 basic units.
- The costs of paying the state duty for submitting a statement of claim to the court are initially borne by the party that applies to the court and thereby initiates the divorce proceedings on the Legal Forms.
At the same time, within the framework of the claim for divorce, the plaintiff can raise the issue of collecting the state duty paid for filing a statement of claim with the defendant and submit his arguments in support of this claim. Based on the results of the consideration of the case, the court will resolve this claim and, if found to be reasonable, will charge the indicated court expenses from the defendant in favor of the plaintiff in full or in part.