Dissolution of marriage, divorce

Dissolution of marriage, divorce and divorce proceedings, regardless of the reasons for their occurrence, are not pleasant procedures and require patience from their participants. In order to minimize the moral and mental suffering that arose in connection with the divorce process, as well as material losses, qualified legal support is needed.

If you are just considering a divorce or are already in the process of divorce, we will advise you on all issues arising in connection with the dissolution of marriage, namely:

• the procedure for terminating a marriage due to its dissolution
• dissolution of marriage by the body of state registration of acts of civil status at the request of spouses who do not have children
• divorce by the body of state registration of acts of civil status at the request of one of the spouses
• procedure for recognizing the dissolution of marriage as fictitious
• dissolution of marriage by court decision on the joint application of spouses who have children
• the right to file a claim for divorce, as well as the grounds for divorce at the claim of one and the spouses
• the procedure for reconciliation of spouses
• the right to choose a surname after the dissolution of marriage
• the moment of termination of marriage in the event of its dissolution
• state registration of divorce
• right to remarry after divorce
• restoration of marriage in the event of the appearance of a person who was declared dead or recognized as missing
• establishing the regime of separate residence of spouses and the legal consequences of establishing the regime of separate residence of spouses

Conditions for ending a marriage

As a general rule, a marriage ends due to:

• death of one of the spouses
• declaring one of the spouses dead
• termination on application

The dissolution of a marriage occurs upon the joint application of the spouses or one of them:

• based on a court decision
• body of state registration of acts of civil status at the request of spouses who do not have children

In practice, there are also frequent cases when your spouse is declared missing or incompetent, in which case we will prepare and help file an application for divorce by the state registration authority for such a marriage.

If necessary, we will also help you in legal proceedings. recognize divorce as fictitious, namely, to establish that the woman and the man continued to live as one family and were not going to end the marriage.

Divorce is more difficult if you have children

This is primarily due to the prevention of violations of the personal and property rights of children. In this case, divorce is possible only through a court. In this case, the list of documents required to be submitted to the court is also increasing, so that the latter has reason to divorce you.

Agreement on the amount of alimony

We will prepare an agreement between the spouses on the amount of child support, an agreement on which parent the children will live with, what participation in ensuring the conditions of their life will be taken by the parent who will live separately, as well as on the conditions for exercising his right to personal parenting.

Since the right to remarry arises after the state registration of the dissolution of the marriage, we note that the dissolution of the marriage must be registered with the state registration authority for civil status acts. The court decision on the dissolution of a marriage after it enters into legal force is sent by the court to the state registration authority for civil status acts at the place where the decision was made to enter information into the State Register of Civil Status Acts and put a mark in the marriage record. The dissolution of a marriage carried out by the bodies of state registration of acts of civil status is certified by the Certificate of divorce. And only after the dissolution of the marriage and receipt of the Certificate of Divorce or a court decision that has entered into force, you have the right to remarry.

We will provide legal services for the restoration of a marriage in the event of the appearance of a person who has been declared dead or missing.

The regime of separate residence of spouses

If you have not yet finally decided that you want to get a divorce, but you do not want and cannot live together with your spouse, then we will help you establish a mode of separate residence of the spouses in court.

A feature of this regime, in contrast to divorce, is that the regime of separate residence is terminated in the event of the resumption of family relations or by a court decision on the basis of an application from one of the spouses. At the same time, the establishment of a regime of separate residence does not terminate the rights and obligations of the spouses.

As far as property is concerned, if a regime of separate residence is established, property acquired in the future by the wife and husband is not considered to be acquired in marriage, and a child born to the wife after the expiration of ten months is not considered to be descended from her husband.