Publication date: 22.03.2024
Лоер
Family. Preparation of a lawsuit for divorce: legal aspect
In the modern world, divorce has become an integral part of family life. When considering issues related to divorce through the court, there is a need to competently prepare a divorce lawsuit. Contacting a divorce attorney or divorce lawyer is an important step in this process.
Preparation of a lawsuit for divorce: procedure and important aspects
Preparation of a lawsuit for divorce is a complex and responsible process that requires careful analysis of all legal aspects of the case. The main purpose of the lawsuit is to obtain a court decision on divorce, which requires clarification of all the circumstances relevant to this process.
The preparation of the divorce action involves studying the grounds for divorce through the court, in particular, the submission of relevant evidence regarding the existence of such grounds as the violation of marital obligations, the impossibility of further joint life, etc. In addition, an important stage is the formulation of demands to the court and their justification in accordance with the current legislation.
Dissolution of marriage with the help of RATS:
In the event that the spouses come to a mutual agreement about the impossibility of further preserving the marriage and the absence of joint children, there are two possible ways to dissolve the marriage:
Dissolution of marriage through the bodies of the Russian Civil Service, which includes the following sequence of actions:
Submission of a joint application for divorce by the wife and husband.
Registration of the act of dissolution of marriage by the state body of the RACS.
The specified application must be submitted to the appropriate body of the Russian Social Security Administration according to the place of registration of the spouses or one of them. If, for some reason, one of the spouses cannot personally submit an application for divorce, the other can do so with a notarized power of attorney.
Documents required for dissolution of marriage through RATS:
Passport.
Original marriage certificate.
A completed application for divorce, which is prepared by an employee of the RACS body.
The original receipt for the payment of the state fee for submitting an application.
Divorce through court:
In the event that one of the spouses does not agree to the dissolution of the marriage and refuses to submit a joint application to the RACS authorities, the initiator of the dissolution has the right to file a lawsuit in court. The court's decision will be the basis for the termination of the marriage.
The statement of claim should be submitted to the local general court at the place of residence of the defendant or at the place of his stay.
Documents required for filing a lawsuit:
Marriage certificate (required).
Copies of the passport and identification code of the plaintiff and the defendant (if available).
The original receipt for the payment of the court fee (required).
A copy of the statement of claim and all documents attached to it for the defendant (required).
If one of the spouses refuses to dissolve the marriage, the court can set a time limit for the reconciliation of the parties, which should not exceed six months.
The role of a divorce lawyer and a divorce lawyer in preparing a lawsuit
You should know that a divorce lawyer or divorce lawyer acts as a professional consultant and representative of the client in the divorce proceedings. They provide competent legal assistance during the preparation of a lawsuit, help to collect the necessary evidence, correctly formulate requirements to the court and represent the interests of the client during the consideration of the case before the court.
Divorce through court. Conclusion
Thus, the preparation of the divorce action is an important stage in the legal process for divorce through the court. Contacting a divorce attorney or divorce lawyer allows you to provide competent legal assistance and effectively protect the client's interests in this complex legal process.
This article is intended to provide general information and is not intended to serve as legal advice. It is recommended to contact a qualified lawyer for individual advice on social law issues.
