How to divorce your wife without her consent - features of the procedure and recommendations. How to get a divorce without your husband’s consent: legal advice

In the life of every person, situations are possible when cloudless happiness flies by in an instant and dissipates, like morning haze on the shore, and clouds of failures, problems and misfortunes gather. Family life is always a mystery with two unknowns, where each unknown can turn the life of its other half into a complete nightmare. And then there is a persistent desire to cut this Gordian knot and part with the disgusted spouse as soon as possible. How to quickly get a divorce, avoiding bureaucratic red tape and delays?

According to existing legal standards, a divorce can be quickly filed only if the spouses do not have common minor children and/or subject to the full and mutual consent of both parties.

In these two cases, the divorce is processed quickly and without any kind of delay. We will try to give some advice on how to quickly get a divorce while complying with the Law.

List of documents required to file a divorce

• In order for the divorce to be completed in the shortest possible time, you first need to prepare a package of the most necessary documents for this. Their list includes:
• statement of claim for divorce in two copies;
• marriage certificate - original;
• birth certificate(s) of a child or all children born in marriage;
• certificates from the place of residence of the plaintiff and defendant;
• consent to the defendant’s divorce, certified by a notary;
• an agreement on the division of property, payment of alimony in favor of minor children, signed and certified by a notary, as well as an agreement on the upbringing and maintenance of children;

receipt for payment of state duty.

If at the time of the divorce there are no young (minor) children, then the procedure for dissolving family ties is formalized in the registry office where the marriage was registered.

An attempt to file a divorce in a shorter period than dictated by the Law, as well as a change in the order of the divorce procedure (divorce instead of a registry office in court or vice versa) is a violation of the Law.

• When registering a divorce procedure in circumvention of the Legislation and with its obvious violations, inevitable legal events follow, such as:
• mutual obligations to participate in a shared life are maintained;
• the right of inheritance of real estate and property of the surviving spouse is preserved;
• impossibility of entering into a new marriage;
• illegality of newly concluded marriages.

As you can see, violations of the law in divorce proceedings lead to quite serious consequences.

How to file a divorce as quickly as possible

In order not to drive yourself into a dead end when trying to get a divorce on your own, and even as quickly as possible, legal experts recommend seeking help from experienced lawyers in the field of divorce cases.

No one promises mountains of gold, because it is sometimes very difficult to completely and completely eliminate the obstacles and obstacles of bureaucratic delays. A lawyer who specializes in family law puts everything aside when he takes on such an issue as help in such a matter as how to quickly get a divorce. It is with the help of a professional lawyer that it is possible to overcome all the obstacles raised by the civil registry office in the divorce process, which is why it sometimes drags on for a very long time.

The resolution of the divorce issue is significantly slowed down by incorrect execution of divorce documents. It is this issue that a lawyer solves most successfully, since lawyers have experience in registration in many government organizations. And this is a significant plus in the work. An experienced lawyer will always tell you how to get a divorce while observing the letter of the Law.

Civil registry office or court: where to go for a divorce

But when is it enough to apply for a divorce to the registry office, and when is it necessary to go to court to resolve the same issue?

You should contact the registry office if:

• no children were born in the marriage;
• spouses do not have common property subject to division;
• if the spouse is pregnant and, despite this, has nothing against divorce.

In the listed situations, when applying to the civil registry office within 30 days after filing an application for divorce, a certificate of divorce is issued and the corresponding stamps are placed in the passports of the former spouses. And if the wife’s pregnancy is established, the child will be registered in the husband’s surname, and payment of alimony cannot be avoided.

You can get a divorce through court if:

• one of the spouses is against divorce;
• those divorcing have children in the family, especially if the children are minors;
• the spouses intend to divide jointly acquired property;
• it is necessary to prove the impossibility of cohabitation.

It must be taken into account that, by law, the court gives a two-month period for reconciliation of the spouses. It often happens that during this time the hot heads of would-be spouses cool down, and the family remains intact.

But most often, after a second visit to court for a divorce petition, the spouses develop additional grievances and mutual reproaches, and then the issue of reconciliation is not even raised. The question of how to get a divorce becomes even more pressing.

There are cases when one of the spouses deliberately does not appear in court for the first hearing of the divorce proceedings in the hope that the court will refuse the divorce. Indeed, the court does not have the right to deprive the absent spouse of the opportunity to attempt reconciliation and gives the usual two-month delay in making a decision. But after this period has expired, the divorce will still take place at a second meeting, even if one of the parties comes to court.

If mutual consent of the future spouses is necessary for marriage, then it is reasonable to ask the question whether this condition applies in the case. Unilateral divorce is completely available, in accordance with the current legislation of the Russian Federation. In this case, two possible situations are distinguished:

• divorce when the other party is physically ;
• divorce .

The described cases are fundamentally different. It happens that the second spouse cannot be present during the divorce procedure due to being or residing in another country or serving a sentence in prison. At the same time, he may or may not agree to divorce.

Situations are common when a husband or wife does not even want to communicate their intention to divorce. There may be a variety of reasons for this: reluctance to scandals and showdowns, the desire to avoid any contact with the ex-spouse.

How to file for divorce unilaterally?

If a divorce is made unilaterally through the court, then, as a rule, the institution proceedings in absentia.

• If the defendant, duly notified of the place and time of the court hearing, did not appear and did not report the existence of valid reasons for failure to appear, and also did not ask in his absence, then the court, after holding the hearing, can make a default judgment(definition). The law establishes special rules for appealing it: the defendant has the right to file an application with the court that made the default judgment with which he does not agree, demanding that such a decision be canceled. This right can be exercised by the defendant within 7 days from the day on which he is given a copy of this decision.
• Later, if the court establishes a valid reason for the defendant’s failure to appear in court, which he could not inform the court in a timely manner, and evidence that could influence the decision of the judicial authority is considered, a default judgment may be overturned. After this, the consideration of the case on the merits is resumed, but this time the defendant is obliged to appear in court for a hearing, since the right to cancel a default judgment can be exercised only once.

Required documents

You need to prepare the following documents:

• application to the authorized body;
• Marriage certificate;
• children's birth certificates;
• documents confirming property claims;
• a copy of the applicant's identity document.

Procedure and timing of the process

The procedure should be as follows:

• must be implemented collection of documents and prepare a statement of claim or an application to the civil registry office;
• contact the civil registry office or court at the place of residence of the defendant (at the place of residence, only those who have minor children, or those who are sick and physically cannot, for example, travel to another district or city);
• it is necessary to contact a magistrate if this is simply a demand for divorce, but if at the same time a demand is submitted to divide the property, and the value of the spouse’s share is estimated at more than 50,000 rubles, then the dispute must be considered by the district (city) court;
• submit an application in three copies (for yourself, for the court and for the defendant) and copies of all collected documents;
• wait for the case to be assigned and considered on its merits(within 1 month after filing the claim, the court will not make any decision on the case) - usually the hearing takes place 1 month after filing the documents;
• if the court makes a decision with which the plaintiff does not agree, then within another 1 month this decision can be appealed (when this period passes and the decision is not appealed, it will come into force, after which a divorce certificate is issued).

When applying to the civil registry office, the time frame for resolving the case will be 1 month. However, only those who do not have common minor children or property claims have the advantage of such a quick resolution.

Features of writing a statement of claim

When filing a unilateral divorce claim, there is no need to follow any special rules or indicate compelling reasons that prompted such a decision. Indication of any reasons is considered only formal and does not in any way affect the course of the divorce process. The main thing is to indicate that further family life is not possible.

Issuance of a default judgment on divorce

Possibility of divorce in the absence of one of the parties permitted by current family law. If one of the spouses fails to appear in court three times when a divorce case is being considered, then the family union is dissolved by a court decision in absentia. Such a failure to appear can be either intentional (an attempt to obstruct the divorce process) or unintentional.

It also happens that a person does not appear in court simply because he is unaware that a process is underway that affects his interests. The court does not take this into account: if there is no evidence of a valid reason for failure to appear, then after three hearings the marriage is considered terminated.

In 2019, the divorce procedure in Russia remains the same. A marriage can be dissolved administratively (through the registry office) or judicially. It is also possible to file for divorce through State Services or the MFC (in case of an administrative divorce). To file for divorce, you must follow all legal procedures.

Grounds and methods of divorce

Current Russian legislation provides for two options for divorce: (civil registry authorities, i.e., administratively) and (judicial procedure). Of course, from a legal point of view, the easiest way to separate is by submitting an application to the registry office, but not all divorcing couples have this opportunity - for example, you will have to go to court for a divorce, if the spouses have common minor children, if one of the parties (husband or wife) does not agree to divorce, or if they have disputes about the division of property.

You can contact the civil registry office only if certain conditions are met:

• both spouses submit a joint application, do not object to separation, and also do not have common children who are under 18 years of age;
• Only one spouse files for divorce, while the second one was either sentenced to a long term for a crime (more than 3 years), or was declared incompetent or missing by a judge’s decision.

Writing an application

An application for divorce must be submitted to the registry office, which may be located:

• at the place of residence of both spouses (living together) or at the place of residence of either party;
• at the place of registration of the marriage.

The application must include all information about the spouses (names, surnames, addresses, passport details), as well as the grounds for divorce.

Payment of state duty

In the event of a divorce, each party to the family relationship must pay for the state service of dissolution of the family union. According to the current tax legislation, the amount of this duty is set at 650 rubles for each spouse.

If a marriage is terminated unilaterally on the grounds of incapacity, unknown absence or long-term conviction of one of the spouses, the second spouse pays only 350 rubles. In such a divorce, you need to remember that:

This period is provided so that those divorcing can rethink the decision made. Only after confirmation of readiness to complete the divorce procedure will the former spouses be issued a divorce certificate.

You can also file an application for divorce at the registry office or.

Divorce in court

Any judicial procedure always involves certain difficulties and duration of resolution of the case. This is also true for divorce proceedings. You should get a divorce through the court if:

• the husband and wife have common children who have not reached the age of majority;
• spouses cannot independently resolve property disputes;
• one of the spouses does not consent to a peaceful separation or refuses to submit a joint application to the registry office.

Applying to the court begins with filing a statement of claim for divorce, which must be drawn up in accordance with all the rules for its speedy acceptance by the court for consideration.

Which court should I go to?

There is a fee for going to court National tax:

• 600 rubles for a simple divorce;
• up to 60,000 rubles when dividing property (the amount of state duty in this case depends on the price of the claim).

Deadline for reconciliation

The judge, at his own discretion, determines whether it is possible to save the family. If there is even a minimal probability, then he can set a deadline for the husband and wife for reconciliation. Such a period cannot be more than 3 months, but cannot be less than 1 month. In order to reduce the term appointed by the court, the parties have the right to ask the court for this, providing justification for such a reduction.

Court hearing and issues resolved by the court during it

The court hearing is held on a day appointed by the judge. The parties are notified in advance of this date and time of the hearing. The following issues may be resolved by the court:

1. On the collection of child support.
2. About recovery (spouse).

The court's decision

In divorce proceedings, a court decision is one main document, because it is on its basis that the marriage will be declared dissolved. In addition, it is on the basis of the decision of the judicial authority that a certificate of divorce is issued.

A court decision on divorce entails legal consequences only after it enters into legal force. To do this, it is necessary for a month to pass after its issuance, allotted for the possibility of appealing it.

Judgment may be appealed to a higher authority. This can be done not only by the plaintiff or defendant, but also by any third party participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of divorce itself, but also how the court divided the jointly acquired property or determined the place of residence of the children.

Certificate of divorce and possibility of changing surname

Certificate divorce is issued by the registry office. To receive it, you must submit an extract from the court decision on divorce. An extract (it indicates everything that the civil registry office must take into account when taking actions to issue a certificate) must be issued within 3 days from the date the decision comes into force. If it is difficult or impossible to obtain, then a copy of the court decision is also suitable for presentation. A certificate is issued to each party; to obtain it, you need to pay a state fee in the amount of 650 rubles for each spouse. If it is subsequently lost, it can be restored by paying the state fee again.

After divorce spouses have the right to change their surname. This must be done at the time of registering the divorce with the civil registry office, that is, when submitting an application for a divorce certificate. Remember that if you change your last name, you will also have to change your passport!

Special cases

When a marriage is dissolved, there may be situations that require separate consideration.

Divorce without the presence of a spouse

Divorce without the presence of one of the parties is possible in the following cases:

• if the spouse is physically unable to be present in court or the registry office;
• if the spouse does not agree to the separation and expresses this by his absence;
• if the spouse is recognized by the court as incompetent, missing, or sentenced to a term of at least 3 years and is in prison.

If one of the spouses cannot be present during the divorce procedure, then he can authorize a proxy to represent his own interests.

The court may also conduct a trial in absentia. In this case, the defendant is informed about the divorce proceedings, and he must inform about the impossibility of attending the meeting and ask to postpone the hearing or consider the case without him, but if he does not take advantage of this right, the court will make a decision in absentia.

If the defendant fails to appear at the hearing three times for reasons that cannot be considered valid, the court at the last hearing makes a decision on divorce.

With mutual consent, both the civil registry office employees and the judge can dissolve the marriage in the presence of only one of the parties. It must be remembered that in the absence of mutual consent, a marriage can only be dissolved in court.

Divorce from a foreigner

It is possible to dissolve a marriage with a foreign citizen in Russia both through the civil registry office and in court.

• Administrative divorce carried out according to the standard procedure for the Russian Federation. It is also possible to dissolve a marriage without the presence of a foreign spouse, but in this case, his or her statement certified by a notary will be required.
• Divorce in court may be accompanied by a number of difficulties in the absence of a foreign spouse in the territory of the Russian Federation. In such a situation, it is possible to dissolve the marriage without the presence of this spouse, but his application will be required, as well as full compliance with his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted spouse

If one of the spouses is sentenced to a term of 3 years or more and is in prison, then the second spouse can divorce him administratively. This procedure is possible even if there are common minor children.

Some husbands find it difficult to find a common language with their own spouse. Not to mention getting a divorce.

If a wife wants to save the marriage, she can find a hundred arguments to justify her reluctance to divorce. A categorical refusal can be justified by a feeling of love and respect, the need to take care of a child (who, of course, needs a dad), and finally, exclusively mercantile interests - in cases where after a divorce, material well-being will be jeopardized.

Is it possible for a man to get a divorce if a woman opposes it? If yes, where to file for divorce? What documents need to be collected? And what to do if there is no marriage certificate? We will talk about all this in our article.

How long will the divorce process last?

So, to summarize: a marriage can be dissolved, even if the wife’s consent is absent. At least 2 months will pass from the date of filing the claim until the certificate is issued. The duration of the procedure itself, as a rule, does not exceed 5 months.

If a spouse does not want to get a divorce, she can delay the process - not appear in court, ignore subpoenas, ask the court to provide time for reconciliation, or simply “go away” on sick leave. All these tricks can only delay the divorce, but will not affect the judge’s decision in any way.

The spouse can insure in advance against unwanted “delaying” of the process. For example, it is quite possible to avoid setting additional time for reconciliation. It should be clearly stated in the claim that there can be no reconciliation and the decision on divorce is final. The reason for this is, for example, the spouse’s addictions or her inappropriate behavior. It is clear that such allegations should not be unfounded - it is necessary to provide evidence of the facts stated in the claim (documents, witness statements).

The failure of the defendant to appear at the court hearing can also delay the trial. To avoid this, the divorcing spouse should ensure that his other half receives a summons, that is, is notified of the time and place of the hearing. If the spouse, who has been properly notified, misses three court hearings, the judge will make a decision in her absence.

Even if the spouse, having received a summons or notice, throws them away and categorically refuses to appear in court, the decision will be made in any case, but only in absentia. If other demands are made in court (for example, about the child’s place of residence or about the division of property), the defendant’s failure to appear may delay the final decision. But it is not a basis for termination or suspension of a divorce case.

You will read more about absentee divorce in the article ““.

Divorce in itself is already a rather complex process. Especially when the divorce is filed without the consent of the spouse or in another city. You will learn from this article how to file a divorce without the consent of the husband or without the consent of the wife, what documents are needed for this and where to apply.

Divorce without a husband, the consent of the spouse, unilaterally through the registry office

Divorce without the consent of one of the spouses is a process in which one of the parties wants to terminate the relationship, and the other opposes this action. In this case, the divorce process is delayed for a longer time than when it is done by mutual consent.

According to Article 21 Family Code Russian Federation, if a divorce is to be obtained without the consent of the husband (wife), it will be carried out in court. And if the spouse not only does not agree to divorce, but also avoids meetings in every possible way, then, most likely, you will have to start searching for him with the participation of a lawyer.

If you are absolutely sure that searching for a spouse is a useless matter and there is no need for it, then you should begin the divorce procedure without him.

Typically, one spouse is unwilling to consent to a divorce from the other spouse for one of the following reasons:

1) Has property claims.

2) Wants to cause the second spouse more difficulties and problems associated with filing a divorce without his consent and presence.

3) Wants to prevent the second spouse from entering into a new marriage.

In fact, there are a huge number of reasons for this behavior. Agree, each person has his own motives and reasons for such actions. Therefore, it makes no sense to disassemble each separately. In this case, it is important to decide what actions should be taken in this situation.

In case of divorce without the consent of the spouse, the court sets a conciliation period of three months. And this fact creates additional difficulties and risks for the party wishing to divorce. For example, during this period, a spouse can significantly reduce the value of common property or take out a loan supposedly for family needs.

Of course, with the desire and competent assistance of a lawyer, it is possible to prove that the borrowed funds were used for the personal needs of a spouse who does not want to agree to a divorce. But still, this will create additional difficulties and costs (both time and financial).

When the three-month reconciliation period comes to an end, the trial will resume.

Article 22 of the Family Code of Russia establishes a provision according to which divorce can be carried out in the event that the court establishes the impossibility of preserving the family. In other words, if the court concludes that it is possible to preserve the family due to a temporary discord between the spouses, then it may refuse the claim.

In a situation where the defendant agrees to divorce, but the plaintiff, on the contrary, wants to refuse it, the claim will be rejected. But the defendant in this case has the right to file an independent claim, in which he will be the plaintiff.

If the spouse has given formal consent to the divorce, but in fact does not want to get a divorce, then, according to Article 21 of the Family Code of the Russian Federation, the marriage will be dissolved in court. In this case, the trial takes place in a simplified manner and the court will not apply measures to reconcile the parties. The reasons for the divorce will not matter, and the presence of the spouse who has been properly notified is not necessary.

Each spouse has the right to divorce. However, this rule limits the rights of a man in the case where his wife does not agree to a divorce and is registered as pregnant or their child is less than 1 year old.

Divorce without husband's consent via the Internet

A wife can divorce her husband at any time, regardless of whether she is pregnant or not. But in the case where the spouses have a child who has not reached the age of majority, the court may impose a three-month conciliation period. In this case, the court must be provided with evidence of with whom the child actually lives and with which parent he will remain after the marriage is dissolved.

To dissolve a marriage without the consent of the spouse, you must provide the court with evidence that he refuses to formalize the divorce voluntarily. If this evidence is not provided, then the application may be left without movement, despite the accuracy and literacy of its preparation.

If the divorcing spouses have any property claims, this fact can further complicate the divorce procedure.

Divorce without wife's consent

In general, divorce without the wife’s consent is similar to the procedure for divorce without the husband’s consent. And if, as a result of negotiations between them, a common decision is not reached, then the divorce will be carried out in the manner described above, with the exception of the case when the wife is pregnant or raising a child under the age of 1 year.

Divorce from a husband without the presence of a spouse

But filing a divorce without the consent of the spouse does not always mean the same thing as a divorce without his presence. For numerous reasons, one of the parties simply cannot be present at the time of divorce. For example, this situation may arise if one of the spouses is serving a sentence in prison or lives in another state, but does not prevent the divorce.

If the above situation occurs, unilateral divorce is permitted.

If both spouses agree to divorce, but one of them is physically unable to attend this procedure, then the divorce can be carried out with the participation of his representative.

If the spouses do not have children under 18 years of age and they are not against divorce by mutual consent, then this process can be carried out at the civil registry office in the presence of only one of the parties.

Divorce with division of property in another city through the court

In the event of divorce, provided that one or both spouses live outside the place of registration and divorce (in another city), the divorce process has certain nuances.

The most easily resolved situation would be the following: The spouses wish to obtain a divorce by mutual consent and they do not have minor children. In this case, the application for divorce should be submitted to the civil registry authorities either at the place of state registration of the marriage or at the place of residence of one of the spouses.

Simply put, if you live in another city, then you should take a divorce application form from any registry office. Then you need to fill it out and submit it at your place of residence.

If the second spouse is unable to appear at the registry office to submit a joint application for divorce, then his desire can be formalized in a separate application. But in this case, the signature of this spouse must be notarized. Along with the application, you must submit a marriage certificate and a receipt for payment of the state fee.

Usually, taking into account all the above conditions, the marriage is dissolved no later than a month later. After this procedure is completed, you will have to go to the registry office and receive a divorce certificate. A representative can also receive this document if you issue him a power of attorney.

After you receive a divorce certificate, you will need to go to the territorial office of the Federal Migration Service at your place of residence and present it. After that, your passport will be stamped with a divorce stamp.

If one spouse does not consent to divorce or there are children under the age of 18 in this family, then the divorce will be carried out in court. In this situation, the claim for divorce must be filed with the court at the place of registration of the defendant. If the defendant’s place of residence is currently unknown, then the plaintiff has the right to file an application at the location of the defendant’s property, or at his last known place of residence.

In the case where children under the age of 18 live with the plaintiff or when, for health reasons, he is unable to come to the defendant’s place of residence, then the case for divorce can be considered in court at the place of his residence.

Also, the plaintiff has the right to file an application for divorce at his place of residence in the case where the place of residence of his spouse is unknown and it is impossible to establish it. After 5 days after filing such a claim, the court will have to consider it and make one of the following decisions:

1) Accept it for production.

2) Refuse to accept it.

3) Leave it motionless.

Place of divorce without the consent of the spouse

Regardless of whether the spouses have minor children, divorce without the consent of the other party will be carried out by the civil registry office in the following cases:

1) The spouse was declared incompetent by a court decision.

2) The spouse was convicted and imprisoned for a term of more than 3 years.

3) The spouse was declared missing.

In all other cases, divorce without the consent of the spouse can only be obtained in court. In this case, the necessary package of documents must be submitted to the court. A more detailed list will be posted below.

Documents required for divorce in case of disagreement of the other party

Article 132 of the Code of Civil Procedure of the Russian Federation defines the main package of documents required for a divorce in court. It includes:

1) The original statement of claim, written in the established format, indicating the data of both parties (Last name, first name, patronymic, residential address), name of the court, reasons for divorce, claims of a material nature, as well as wishes regarding the spouse with whom the children under age will remain . The claim specifies the actual circumstances of the divorce, as well as the legal grounds for this action.

2) A copy of the statement of claim, which must be served on the defendant.

3) A document that will certify the circumstances set out in the claim. This may include certificates of battery issued by a medical institution or evidence of a spouse’s infidelity.

4) Receipt for payment of state duty.

If the claim is filed by a representative, then it is necessary to submit documents that will confirm his authority.

The following must also be attached to the statement of claim:

1) A copy of the birth certificate of the child (children).

2) Original marriage registration certificate.

3) An extract from the house register as confirmation of the defendant’s registration.

If during the divorce process the issue of alimony payment is decided, then the plaintiff will also need to submit a certificate of the defendant’s salary, as well as other documents about the latter’s income.

To divide joint property, the following documents will be required:

1) Inventory of property.

2) Documents of ownership.

3) Documents on the value of the property that is subject to division. For example, a purchase and sale agreement, checks, a vehicle valuation report.

To resolve the issue regarding the place of residence of minor children, a reference from the spouse’s place of work or a report on the inspection of housing conditions should be submitted to the court.

Duration of divorce proceedings without the consent of the second spouse

According to Article 154 of the Code of Civil Procedure of the Russian Federation, all issues related to divorce are considered within 2 months from the date of filing the statement of claim. But at the same time, the court may take measures to reconcile the spouses, namely, postpone the consideration period for a period of up to 3 months. Usually this action is carried out at the request of the plaintiff.

After the time period determined by the court is completed, and saving the family is not possible, according to Article 25 of the Family Code of the Russian Federation, the marriage will be dissolved. Then, within 3 days from the moment this decision enters into legal force, the court will send an extract to the registry office where the marriage took place.

It is worth noting that until the receipt of a divorce certificate, neither spouse has the right to enter into a new marriage.

1. 
   Divorce is the dissolution of a marriage between spouses. Although there is no official term “Divorce”, concepts such as “Dissolution of Marriage” and “Termination of Marriage” are used.
2. 
   When it is not possible to conclude an agreement on the division of debts of the spouses, one has to resort to filing a claim for division. When dividing property, the debts of the spouses are divided in proportion to the property being divided.
3. 
   Divorce in the presence of minor children is a more complex procedure than when it occurs in the usual manner through the registry office. During the process, a lot of issues regarding children after divorce must be resolved.
4. 
   The moment of marriage is the starting point for the emergence of the rights and responsibilities of the newly minted spouses. More detailed information on this issue can be obtained by reading the article.