Content

• Steps
• Method 1 of 4: Preparing for a Divorce
• Method 2 of 4: Drafting a Statement of Claim
• Method 3 of 4: Financial reporting
• Method 4 of 4: Completing the divorce proceedings
• Tips
• Warnings

Divorce is a rather complicated procedure, both from a legal and psychological point of view, as it differs in every country. It is very important to do your research and make sure everything goes smoothly and that you are happy with the result. Read this article to find out what you need to do to prepare for a divorce and how the procedure itself works.

Steps

Method 1 of 4: Preparing for a Divorce

1. 1 Find out where to file your divorce papers as each country has different resident requirements.
   • If you have lived in the same place for six months or more, you can file for divorce where you live, regardless of whether your spouse is living in that country at the time of filing for divorce.
   • If you have not lived in the same place for a long time, you may have to first establish a separation regime for spouses and only then divorce.
   • In most cases, you need to file for divorce where you live, even if the marriage was in another country. Exceptions can be made by homosexual couples, who may not marry in all countries of the world.
2. 2 Decide what kind of result you want to get. In some cases, the procedure can take place by mutual agreement and without problems, in others it will be fraught with certain difficulties. Consider:
   • Are you going to share property and savings with your spouse in the divorce process?
   • Are you going to share common children and establish custody over them?
   • If you are going to support children after your divorce, will you file for child support?
   • Sketch yourself a divorce plan in which you clearly define your goals and desires.
3. 3 Collect information. Before seeking help from lawyers, you must clearly define for yourself what exactly you will share with your spouse. Organize documentation related to property, as well as cash and financial obligations, including:
   • Real estate, bank accounts and valuable personal belongings.
   • Mortgages, loans and credit cards
4. 4 Make an appointment with a divorce lawyer. Even a fleeting divorce can result in certain difficulties, which is why you need to seek help from a qualified specialist who can answer any questions you may have regarding your situation. Even if you represent yourself in court or in government agencies, take the time and money for an hour-long consultation with a lawyer, you will learn a lot for yourself and will be able to fully control the divorce process.
   • Be prepared to talk about your goals and the desired outcome.
   • Bring all documents related to debts, deposits and other movable and immovable property.
   • Prepare a list of questions regarding your situation that you would like to ask a lawyer.
   • Ask a lawyer to draw up an action plan for you in accordance with the laws of your country.

Method 2 of 4: Drafting a Statement of Claim

1. 1 Make a statement of claim. Go to your local court or visit that court's website for samples of a complaint to initiate legal proceedings. In fact, according to the legislation of the Russian Federation, as well as a number of CIS countries, two scenarios are possible. First, if both spouses agree to divorce and they have no children under the age of 18, they can submit a general application to the registry office to obtain a divorce certificate. Second: if the spouses agree to a divorce, but they have children, they submit a general application to the court and attach a notarized agreement on the procedure for keeping children and establishing a dating regime. And the third option: one of the spouses still does not agree to divorce, then it is necessary to file a statement of claim. The information below concerns just the third case:
   • The person filing the claim is called the "Claimant" and his spouse is the "Respondent". The most common reason for divorce, in which no one is particularly to blame, is the incompatibility of characters.
   • In the statement of claim, you need to indicate information about when and under what circumstances the marriage was concluded, how the relationship in the family developed, as well as the reasons for the divorce. In addition, at the end you need to set out the motions before the court - the specific substantive requirements that, in your opinion, must be satisfied by the court's decision.
   • You should also refer to specific legal provisions governing the procedure for divorce. Often they are contained in the Family Code or similar legal act governing family and marriage relations. Along with the requirements for divorce, issues of changing the surname may be resolved.
   • If you want to divide the property, you need to indicate this in the statement of claim, as well as indicate the list of property and the legal title on which it belongs, as well as attach copies of title documents.
   • If you have children under the age of 18 in your marriage, you can ask the court to determine the place of residence of the child with the mother or father, establish a regime of visits with children and the amount of alimony.
2. 2 Ask a lawyer to check your claim. For the divorce process to go smoothly, it is very important to draw up a claim correctly and provide all the necessary data.
   • Ask a lawyer to read the statement of claim, correct the shortcomings and give the necessary recommendations.
   • If you do not want to resort to the services of a lawyer, contact university legal clinics or ask the court clerk to help you.
3. 3 File your claim with the court. After you have drawn it up, go to the court office and file your claim in an automated document management system to open a divorce proceedings.
   • Make a statement of claim in two copies, one of which must be attached to the main one - it will be sent to your spouse by mail by the court staff for review.
   • You will need to pay a court fee, which varies by country and region. If you do not have the money to pay it, you can ask the court for an installment plan to pay it in a statement of claim.
4. 4 To be on the safe side, in case the letter with the statement of claim and the subpoena with the date of the court hearing does not reach your spouse, familiarize him or her with the contents of the statement of claim and explain that the court proceedings are already open and there is no way back, and you will have to meet in a court.
   • If you are uncomfortable doing this in person, hire an intermediary who will hand over the papers to your spouse. You can even ask a relative or friend over the age of 18 to do this.
   • Have the middleman hand over the papers or mail them, if agreed in advance.
   • Record in writing that the spouse received the statement of claim. In this case, he will not be able to appeal, pointing out that he was not aware that such proceedings are generally open, since the law, at least in Russia and Ukraine, provides for the possibility of absentee proceedings and a court decision without participation the second party who did not appear in court.
   • Make a copy of the confirmation that the statement of claim has been served.

Method 3 of 4: Financial reporting

1. 1 Make a financial statement. To facilitate the divorce proceedings, you and your spouse will need to provide the court with some kind of financial statements on the amount of income and property, if you have requirements in the lawsuit regarding the maintenance of children or the division of property.
   • Depending on the circumstances, this can be an income statement, a certificate from the place of work about the amount of wages or bank statements. Check with a lawyer on what exactly you will need to provide.
   • Also, in some countries, they may require a certificate of payment of taxes for the past two years.
2. 2 Share your spouse's financial statement. Your spouse must also familiarize you with his own, if the court decides on the procedure for paying off joint debts or dividing property.
   • Make several copies of your financial statements. This information will not necessarily appear in court, but it will be useful for you to substantiate your claims.
   • If, at the time of the court hearing, your financial situation has changed, amend your financial statements.

Method 4 of 4: Completing the divorce proceedings

1. 1 Make a settlement with your spouse. If your spouse has agreed to a divorce, you can conclude an amicable agreement with him, in which you can describe the procedure for the division of property, repayment of common debts and issues related to raising children.
   • Ask a lawyer to write the text of the agreement so that it is correctly drafted. You can sketch it before the court hearing, in case you do come to a consensus before the court's decision.
   • The court has the right to accept your settlement agreement or reject it if its terms conflict with your interests or the interests of the child.
2. 2 Make a contract with your spouse. We have already mentioned the second possible scenario for the development of events above. Or rather, a notarized agreement on the maintenance of children and property management. In it, you can prescribe the procedure for raising children, the amount of benefits for their maintenance, the procedure for using property after a divorce, as well as resolve material issues.
   • Show the contract to a lawyer and ask him to check and correct, and then notarize it.
   • Attach a copy of the contract to your divorce petition.
3. 3 Wait for the verdict of Themis. Having considered the materials of the case, and after hearing the parties, the court will make a decision on your case and explain the possible consequences of a divorce, as well as the actions to be taken.
   • If your spouse refuses to divorce you, you will have to attend a court hearing. The court will consider your claim and make a decision that will satisfy, refuse or partially satisfy your claims. The court can change the amount of alimony, child support, establish the place of residence of the child, as well as the amount of property that you can claim after a divorce.

Tips

• Review the information on the website of your local court regarding divorce proceedings to determine your course of action.
• Keep copies of your court fee receipt.

Warnings

• The divorce procedure in each country is different.