If you want to know a person, divorce him! Divorce and division of property upon divorce

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If you want to know a person, divorce him! Divorce and division of property upon divorce

Divorce (dissolution of marriage)

We live in a society where divorce has long ceased to be something out of the ordinary. People get married, get separated later, create new families. All these processes are accompanied by a number of actions that must be properly formalized legally.

 Usually, after the decision to divorce is made, the question arises: "what kind of documents are needed for divorce, how to properly register them and where to send them?" However, there is no single, "universal" list of documents that would be suitable for every divorce proceedings. Depending on the circumstances, in each specific case the list of necessary documents, as well as the procedure for their processing and filing, may vary.

 When determining the list of required documents and order of their submission takes into account such things:

- whether both spouses agree to a divorce, or it is the initiative of one of them;
- whether the married couple has common minor children;
- whether wife is pregnant;
- whether there is a dispute between spouses about the place of residence of general minor children after the divorce (to live with father or mother);
- if there is a need to collect child support;
- whether there is a joint property and a dispute about its division;
- whether the other spouse is incapacitated
and others.

So, if the couple do not have children together and both spouses agree to a divorce - a joint declaration may be submitted to the authority of state registration of acts of civil status (with the paid state duty for registration of dissolution of marriage). This is a simple process, so spouses can draw up all the necessary documents on their own, without a lawyer.

When applying to the court, depending on the specific circumstances, you can ask to raise the issue only about divorce, or ask in a single case to solve several issues: for example - to terminate the marriage, collect alimony and determine the place of residence of the kids.

Therefore in cases like that, before going to the court it's better to consult with a lawyer who will help to develop the most correct algorithm of actions in a particular situation, including determining the list of documents required for the trial.

The division of property upon divorce

If during the marriage spouses have acquired joint property - sooner or later there will be a question about its division. At the same time, one must understand that in marriage, not only joint property can be acquired, but also debt obligations (credits, loans), which are also subject to division between spouses.

Marital assets and liabilities of the spouses may be divided by one of the following ways:

- in accordance with the terms of the marriage contract (if any);
- by agreement among themselves (by concluding an appropriate contract);
- in court (by court decision).

 Unfortunately, as practice shows, in most cases, the couple may not agreed after court on the division of joint property, including in cases where the marriage contract was signed. Therefore, the process of divorce is usually followed by a process of division of property.

 Since the process of dividing property in court is quite costly both in terms of time and in finance, it is advisable to prepare for it beforehand and, before going to court, decide on the answers to a number of questions (preferably, after consultation with a lawyer who specializes in these matters).

The first step is to make a list of the property, which was acquired during the marriage, as well as debt (credits, loans) that have arisen during the marriage. The next step is to determine the status of the property (joint property of spouses or private property of one of them). For example - property received as a gift or inherited by one of the spouses during the marriage, is his personal property.

 Next, you need to determine how joint property should be divided between the spouses in order to propose an appropriate version of the section for consideration by the court. It should be borne in mind that, in practice, courts usually proceed from the fact that property acquired during marriage is divided between the spouses in equal parts (50/50). For derogation from the principle of equality of parts, there must be grounds foreseen by law, the existence of which must be confirmed by evidence.

 If there is a real estate object in joint ownership, it may be necessary to conduct an examination in order to determine whether this property can be physically divided (for example - whether it is possible to divide the house into two isolated halves with separate entrances).

 It should also be taken into account that it is advisable to divide the property among themselves physically (for example: husband - flat, wife - cottage and land), because this will give each of the spouses a real opportunity to freely dispose of their property.

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