When love and mutual understanding reign in marriage, the husband and wife do not think that the Family Code governs their relationship.
But when the divorce begins and the division of property and the recovery of alimony connected with it, the ex-spouses become keenly interested in family law, and the court and lawyers intervene in the life of the once-loving people. The conclusion of a marriage contract is contrary to our mentality because we are getting married for sincere great love and habit of thinking about the sad end of our marriage.
But, unfortunately, divorces in our country are not uncommon; therefore, in case of the absence of a contract, all the controversial issues arising during the divorce process are governed by the Family Code. With all the obviousness of the norms of family law during a divorce, circumstances occur that can leave the spouse at the back of the trough, although he was 100% sure that his position was advantageous.
By law, in order to terminate the marital relationship, both spouses must come to court. But there are exceptions when the presence of one party is sufficient: when a citizen is recognized as missing by the court, when a spouse is sentenced to imprisonment for more than three years, when a citizen, being married, has become incapable.
When spouses share property, and it is clear that the process of divorce will not be easy, it’s better to turn to a lawyer. For example, the moment of termination of family relations, which is stipulated in the statement, is very important, and the division of property depends on it. The reason for the divorce will also determine with whom the children will live with.
If the spouses have nothing to divide, there are neither children nor property, and then, of course, you can do without a lawyer.
All property acquired during the marriage is the joint property of the spouses, is divided between in half after the divorce. Wages, bonuses, additional earnings of the husband and wife, which became, for example, part of the savings, are divided in half. All things that were bought with this money, as well as the spouses donated by their parents, are also divided in half.
If the husband wants to keep a certain thing for himself, then he must pay his wife half of its value.
It often happens that spouses are married but live separately.
This is the most ridiculous thing that citizens do. And when, after long years of separate life, they begin to divorce, many controversial moments arise. The Family Code contains Article 38, Clause 4, which says that if the spouses do not live together and this is established and proved in court, then, even though the marriage is officially concluded, the court may declare the property not joint, but personal.
For example, if the spouses left in January, and in February the husband bought the car for a million dollars, the court would have questions. After all, the money had to be saved so that the vehicle could be divided in half, and if after three years the husband buys the land, the court will obviously believe that this is his personal site.
In the case of divorce is not divided and is considered your personal property everything that was acquired before the marriage. But there is one nuance that is called “property transformation”. For example, the wife had a house with an area of 100 square meters, and her husband built the second floor, the number of squares doubled, the cost of the house increased significantly. Of course, during a divorce, the spouse can claim his share.
Also, your personal property is obtained from a gratuitous transaction, that is, free privatization, donation, inheritance – this is all yours, even though it was received in marriage.
In the registry office, the termination procedure is quite simple: you need to take the passports of both spouses, marriage certificate and submit an application written in a special form. As for divorce in court, the order is somewhat more complicated.
For example, if a dispute has arisen on the topic of common children, the issue is resolved in the district court. If there is no problem in this matter, the lawsuit should be submitted to the justice of the peace, depending on the place of residence.
If the spouses have controversial issues regarding the property, you can first arrange the dissolution of the marriage, and after that consider the case concerning the property. If this is not possible for one reason or another, the magistrate accepts the claim for consideration, but only if the total value of the property of the spouses does not exceed 50,000 dollars. If the amount is higher, the magistrate will decide on transferring the case to the district court. If there are two cases at once, and one of them is possible for consideration only by the district court, then both cases are sent to this institution.
It should be noted that there are some differences in the proceedings in court, depending on the grounds for divorce.
If the reasons indicate the impossibility of living together in the future and the incompatibility of the characters of the spouses, the court may temporarily postpone consideration of the case for a period of three months in order to reconcile the spouses. In addition, the court may delay consideration if one of the spouses refuses to give consent to the divorce. If the reconciliation measures have not reached the result, the court may terminate the marriage at the insistence of one of the spouses.
If the spouses have common children who have not yet reached the age of 18, then even with consent to divorce from both spouses, the court first focuses on the interests of the children. And in this case, the reasons for the divorce do not matter, the court only has to find out whether there is a dispute between the spouses on the subject of further residence of the children, as well as on their content.