O rozwodzie orzeka sąd okręgowy po przeprowadzeniu postępowania. Sąd może rozstrzygnąć sprawę dopiero po złożeniu pozwu. Pozew o rozwód może wnieść do sądu każdy z małżonków. Opłata od pozwu jest stała i wynosi 600 złotych.
W pozwie należy określić, czego domaga się powód. Może żądać on:
orzeczenia rozwodu z orzekaniem o wyłącznej winie drugiego małżonka lub bez orzekania o winie,
orzeczenia o władzy rodzicielskiej nad wspólnymi małoletnimi dziećmi,
orzeczenia alimentów na rzecz dzieci,
orzeczenia alimentów na swoją rzecz,
orzeczenia o miejscu zamieszkania dzieci i kontaktach,
orzeczenia o sposobie korzystania ze wspólnego mieszkania,
orzeczenia o podziale mieszkania lub przyznaniu go jednemu z małżonków,
orzeczenia o podziale majątku wspólnego,
orzeczenia o eksmisji drugiego małżonka ze wspólnego mieszkania.
Dodatkowe opłaty od pozwu o rozwód pojawią się wtedy, gdy jednocześnie żądamy w nim eksmisji, podziału majątku, podziału mieszkania.
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