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What do you need for a divorce if you have a child. Dissolution of marriage or divorce. Example from jurisprudence

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Divorce is the official termination of a couple's registered relationship. The official date of the beginning of marriage is the day of registration of the act in the registry office. Termination of relations between spouses can occur both through the registry office (the simplest form) and through the courts. It takes place at the place of registration of one of the spouses, with their direct presence. However, in some cases, only 1 person is present during a divorce. What documents are needed to file for divorce, former spouses need to find out in advance.

General provisions

The form of the procedure is determined by the following factors:

  • the presence or absence of children in the former family;
  • the presence of property acquired jointly in marriage;
  • consent (or disagreement) of both spouses to divorce.

If the husband and wife do not want to build a family further, and they did not have time to give birth to children, or the children are already 18 years old, then the divorce procedure can take place in a simplified form. Documents for divorce without children can be submitted to the registry office, if there are no disagreements. A simplified procedure for formal divorce usually allows the husband and wife to maintain a conflict-free relationship.
After agreed joint actions with a spouse, you should find out what documents are needed for a divorce. The registry office will give you the following list:

  • an application of a certain form, which must be signed and completed by both participants in the divorce proceedings;
  • marriage certificate;
  • passports;
  • paid receipt (a fee of 650 rubles is paid by each spouse).

Sample application for divorce through the registry office

If there are children in the family

If there are minors in the family, the procedure is of a different nature. To terminate the official relationship, you will need the help of a judge. Often, spouses have the following disagreements:

  • related claims against each other (in proof of paternity, in a change of surname);
  • conflict over who the minor will live with;
  • disagreements regarding alimony;
  • property disputes.

If an agreement cannot be reached, then before the court procedure, the plaintiff should submit all the necessary documents in order to resolve the disputed points.

What documents are needed for a divorce if there are minors in the family?

Documents in the case of divorce proceedings with the presence of minor children will require a lot. Therefore, it is better to settle property issues with your spouse in advance as much as possible and make copies of all the necessary papers.

The list of documents differs depending on whether the couple will be divorced in the registry office or through the courts. In the first case, you need to collect the following papers:

  • sample statement;
  • photocopies of all pages of the passport;
  • document on registration, on the composition of the family;
  • property agreement;
  • Marriage certificate;
  • marriage contract, if any;
  • paid receipt.

In the case when the divorce is carried out through the court, you will need:

  • a statement by the plaintiff indicating the reason for the divorce;
  • passport, document registering marriage;
  • certificate of registration, family composition;
  • fee payment document.

If the child is already an adult, the registry office can divorce the spouses. But only if they have no claims to each other regarding the material values ​​​​of the family, and there is mutual agreement in other moments.

Divorce by mutual consent

Divorce by mutual agreement can be made in the presence and absence of children. This type of official termination of relations is the least traumatic and painful.

The simplest procedure is a divorce by mutual consent without children. You can officially terminate the relationship at the registry office. The list of documents is presented above. The deadline for completion of the procedure is 30 days. At the time when documents are submitted to the registry office, it is important that both spouses be present at the same time.

Complicate the procedure can:

  • the presence of children (then the former spouses will be divorced in judicial order);
  • if the property in the family is more than 50,000 rubles, and it is impossible to divide it independently (the case is also referred to the court).

When terminating an official relationship, the following issues are resolved in a judicial proceeding:

  • with whom the child will remain;
  • how the division of material assets will be made;
  • what is the amount of child support.

With an agreed conversation in court without any claims, the divorce procedure ends quickly. If the dialogue is difficult, the judge often assigns an additional period of 3 months to the divorcees to try to restore the family.

The list of documents that must be collected for a divorce in the registry office:

  • passport of husband and wife;
  • applications (filled in according to the model);
  • a receipt with payment of the state duty (in 2017 it is 1250 rubles);
  • marriage certificate.

If the situation of the divorcees is considered by the court, then you will need:

  • all previous papers;
  • statement of claim (3 copies);
  • birth certificates of children if they are under 18;
  • certificates confirming registration;
  • if the issue of alimony is decided, you need to get a certificate of income.
  • if only one of the spouses is present, a power of attorney confirming the interests of the spouse will be required.

Can one spouse file for divorce?

Common reasons for unilateral divorce are:

  • the unwillingness of one of the spouses to participate in the divorce proceedings or his unwillingness to end the marriage;
  • the inability of one of the divorcees to be present during the divorce process.

Such a procedure can be performed in court and through the registry office. All citizens have the right to freely choose relationships. Therefore, circumstances, such as the presence of only one of the spouses at the process, are not an insurmountable obstacle to divorce.

When a spouse for some reason does not want a divorce, the plaintiff makes a single application to the court. If the former second half agrees to the official termination of relations, then divorce the couple, maybe the registry office. A notary-certified application for divorce will be required from the absent person.

There are other cases where the consent of the second person to divorce is not required. These include the recognition of a spouse:

  • the missing;
  • incompetent;
  • a criminal (with a conviction period of more than 3 years).

When you can not get divorced if you want only one side?

  • if the wife is expecting a child and does not consider breaking the relationship appropriate;
  • if the child of this married couple is not 1 year old.

The most common in the case of unilateral divorces are divorce proceedings through the courts. They resolve property issues, disputes regarding payments for a child and other disagreements of divorced people.

Sample application for divorce unilaterally

The required documents for a unilateral divorce are:

  1. Application for the registry office or the court (3 copies, one is sent to the judge, the second is filed in the case, the third is sent to the defendant).
  2. Receipt for payment of state duty.
  3. Marriage certificate.
  4. Extract from the Housing Office.
  5. Power of attorney for the representative of the absent person.
  6. When assigning alimony, the defendant's income certificate and other significant documents.
  7. Peaceful Children's Treaty, if there is one.

All documents are submitted in 2 copies.

Surname change

Usually, when marrying, the wife takes her husband's surname. But after the termination of official relations, sometimes she wants to regain her maiden name.

This procedure can be issued both during the dissolution of the marriage and after receiving the divorce document. For registration of the service, you will need to pay a state duty separately. If there are minor children in the family, then the decision is made by the guardianship authorities, taking into account the opinions of both parents.

To change a surname, a special application form is required, which indicates:

  • passport details of the applicant;
  • information about the place of registration;
  • marital status;
  • data on minor children;
  • the surname to which the applicant wishes to change the current one.

Changing the surname requires entering new data in the passport. This step must be taken responsibly. You need to think about the name of the child, acting in his interests.

A sample application for a change of name is below.


Change of passport after divorce

Many people leave their husband's last name even after a divorce, because in order to change it, you need to collect a lot of papers and pay a fee. Documents for changing a passport after a divorce are:

  • international passport;
  • insurance certificate;
  • honey policy;
  • driver's license.

If property is to be divided

As noted above, only property over 50,000 rubles is subject to division.

The division of material accumulations can occur in two ways:

Conflict-free way.

The division of material assets can be carried out on the basis of a settlement agreement on the division of property. This document specifies the property shares of each of the parties, and it is notarized. Only in this way does it get legal force.

Division of property through court.

Often spouses cannot come to a consensus about who will have this or that property. The more savings a family has, the more difficult it is to decide who will have material wealth. Especially if they are really of great value to everyone. The court will help resolve the dispute.

First, the court establishes all the property belonging to the former family. Then the share of each is allocated. The next stage of the court considers things that each of the spouses would like to have. In case of unequal distribution, the court may award compensation to one of the spouses. When an official marriage is dissolved, it does not matter to whom this or that material benefit is registered.

All property is divided in half. But there are exceptions:

  • if the spouse is in prison or is doing military service;
  • if there are minor children in the family (the parent with whom the child remains, remains with most of the property in the interests of the child).

A marriage contract concluded at the beginning of official relations will help to significantly alleviate the problem of division. But usually, when a marriage is made, people believe that love and trust in each other is indestructible. Therefore, the marriage contract is drawn up by a very small number of people.

It is not uncommon to go to court when breaking off relations that were not official, the so-called civil marriage. By law, if a man and a woman were cohabitants, then in the absence of a peace agreement, property can be divided by the court. This is called the division of property between the persons who ran the household.

What property can be divided?

According to Article 34 of the Family Code, when such relations are broken, everything that is acquired jointly is divided, namely:

  • all movable property: cars, motorcycles, bicycles;
  • real estate: apartments, houses, dachas, garages;
  • savings, fees for physical, intellectual work;
  • prizes.

Important! The debts of the spouses are also divided. For example, debt on a mortgage or loans is divided in half. It also doesn't matter who the loan is for.

Required documents for divorce and division of property:

  • statement of claim;
  • the passport;
  • a receipt of the paid state duty (for the first time the documents are submitted, it is much less);
  • a notarized power of attorney for a lawyer who is ready to represent the interests of one or another party in court.

How long does it take to file a divorce

When collecting documents for a divorce, you should not forget that all cases related to the dissolution of an official marriage are considered on an individual basis. Sometimes you may need documents that are not on the lists. Especially if the dissolution of the marriage occurs through the court.

Consideration of the case of divorcees in the registry office, with the consent of both parties, takes much less time than the procedure through the courts. Usually it is no more than 1 month. In case of a divorce in court, the process takes 2-3 months. But the duration of the divorce also depends on each specific situation.

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The dissolution of a marriage between spouses begins with the submission of an appropriate application to the body authorized to conduct the divorce procedure.

The completeness of all submitted documents directly determines how quickly the will of the spouse who wishes to officially end the marriage will be executed. What you need to file for divorce and what documents you need to collect for filing with the court and the registry office - we will consider in this publication.

Types of divorce

There are two ways to dissolve a marriage under current family law:

  • Through the registry office
  • Through the court

For each method of divorce, a list of circumstances is established under which it is possible to dissolve a marriage in this particular order.

Divorce through the registry office

Divorce through the registry office occurs in the following cases:

  • Both spouses agree to terminate the marriage;
  • The spouses do not have minor children from a common marriage.

This divorce procedure involves a joint application to the registry office and absolute unanimity in the decision to divorce.

The listed conditions can be ignored only in exceptional cases, such as:

  • Conviction of the second spouse to a prison term of 3 or more years;
  • Recognition of a spouse as missing;
  • Recognition of the spouse as incompetent.

In these cases, the presence or absence of children, as well as the consent of the second spouse, will not matter.

In addition, in any case, you will have to come to the registry office even after the judicial dissolution of the marriage: with a court decision to make appropriate changes to the civil status acts and obtain a divorce certificate. But in this case, the registry office acts only as an executor of a decision that has already been made.

Spouses can apply to the registry office at their place of residence or at the place of marriage.

Divorce through court

The judicial procedure for divorce is regulated by Art. 21-22 of the RF IC and obliges spouses to divorce exclusively through the court in the following situations:

  1. The presence of minor children from a common marriage, even with the mutual consent of the husband and wife to divorce;
  2. The disagreement of the husband or wife with the dissolution of the marriage, as well as the evasion of filing an application by one of the spouses.

Divorce cases fall within the competence of magistrates, but may also be considered by district and city courts in a number of cases. In order to determine exactly which court you have to apply to, you need to know where and in what cases a claim is filed.

To the World Court:

  • If there are children, but there are no disputes about their place of residence after the termination of the relationship;
  • In the absence of property disputes resolved along with a divorce.

Note: Filing alimony claim along with a divorce claim does not change the jurisdiction of the case unless the defendant makes a counterclaim to contest paternity. When resolving the issue of paternity, the magistrate will forward the case to the district court.

District (city) court:

  • If there are disagreements about the place of residence of children under the age of 18;
  • When combining claims for divorce and division of property, but only in cases where the value of the claim is at least 50 thousand rubles for the share of each of the spouses;
  • When challenging a marriage contract at the same time as a claim for divorce.

The correct definition of jurisdiction is the first step in preparing for the filing of documents. Otherwise, the claim will be returned along with its documents.

An application for divorce is filed in court at the place of residence of the defendant, but if minor children live with the plaintiff or if his state of health makes it difficult to travel to another city, then the plaintiff can choose jurisdiction himself: at the place of his registration or at the place of residence of the defendant.

The place of residence is considered solely the place of official registration, and not the address of residence without registration.

Divorce features you need to know

Knowing some of the intricacies of the divorce process will help spouses get a divorce quickly, saving time, money and nerves. Very often, divorce cases are overgrown with a mass of myths and misconceptions caused by the legal illiteracy of the parties, which significantly complicates their lives and delays the divorce procedure.

So, what you should know before starting a divorce:

  1. Most fast way divorce - through the registry office or the world court. But the divorce period cannot be less than 1 month in either case. It makes no sense to petition for an expedited divorce procedure. If there are no children, then it is best to try to negotiate with the spouse on the voluntary termination of the marriage at the registry office.
  2. If a husband who lives in another city cannot come for a divorce
  3. The failure of one of the spouses to appear in court does not prevent the divorce, but only delays it. If a husband or wife wants to save the marriage, then the surest decision would be to appear in court and insist on a conciliatory term. In case of non-appearance, the court will still break the marriage bond, but a little later.
  4. Avoidance of appearing at the registry office also does not prevent divorce, but only complicates it and drags out time. A spouse who is interested in a divorce will still get divorced by going to court.
  5. The law allows combining claims for the division of property, alimony, together with a divorce claim, but at the same time this increases the duration of the divorce process. If you urgently need to terminate the marriage, do not complicate matters with additional requirements, submit them separately.
  6. The date of divorce in legal proceedings will be the effective date of the decision. Neither the date of registration of the divorce in the registry office and nor the date of the pronouncement. You should not think that by not appearing at the registry office with a court decision, you are delaying the moment of termination of the marriage - you are already divorced at the moment when the judicial act has become legally binding. The term of entry into force is 30 days from the date of the judge's decision.
  7. If one of the spouses wants a divorce, the court does not have the right to refuse a divorce. Even if the other spouse objects. Even if the other spouse does not appear in court. There are no grounds for a court to refuse a divorce, except for the mutual request of the spouses who decided to maintain their relationship.

What can be done in a divorce?

The legislation does not prohibit, but directly allows (Article 24 of the RF IC), simultaneously with a divorce, to resolve a number of related issues, such as:

  • Recovery of alimony both for children and for a wife who is pregnant or on maternity leave;
  • Division of property, including recognition as jointly acquired or withdrawal of separate property objects from such;
  • Determining the place of residence of children with the mutual consent of the parents or in the event of disagreement about the future place of residence of the children.

Combining several claims in one claim inevitably leads to an increase in the period for considering a divorce case due to:

  • Change of jurisdiction from a world court to a district court and an increase in the consideration period by 1 month;
  • The need for additional retrieval of evidence, examinations and involvement of third parties.

The lawyer recommends: In each case, you need to establish the circumstances that will affect the decision. For example, it makes no sense to sue the division of property along with a divorce if a divorce is needed quickly - cases on the division of property can drag on for several months, while a justice of the peace will divorce a husband and wife in 1 month + 30 days for the entry into force of the decision. Consult with our lawyers free of charge at any time and determine if you need to combine several claims in one claim.

Nothing and no one prevents the spouses from divorcing first, and then resolving issues of collecting alimony or dividing property. What and how to do is up to you, but the advice of a lawyer should definitely be taken into account!

What do you need to divorce your wife?

The specifics of divorce from a wife is relevant for those men who live in marriage long time and have joint children and property.

It is the issue of living for children, alimony and the division of joint property that most worries men who regularly try by hook or by crook to reduce the amount of property transferred to their wife and minimize the amount of alimony.

So, what is the most burdensome divorce for men?

  • They will have to resolve the issue of the financial support of children and either provide for common children voluntarily, or pay alimony in court;
  • They have to resolve the issue with the division of property;
  • They need to give consent or justify their objections at the place of residence of the child;
  • They need to make sure that the wife is not pregnant and cannot file for divorce without her consent in this case, and also if joint child less than 1 year.

What to do

The first step is to consider options for the peaceful settlement of all possible disputes, thereby greatly simplifying the procedure for terminating a marriage and.

If there are no children:

  • Arrange with your wife about a joint visit to the registry office to apply;
  • Settle the dispute on the division of property by offering a mutually beneficial option.

Remember that any litigation will not only lead to additional costs in terms of time and nerves, but will also cost a lot of expenses for lawyers, fees, examinations and other burdensome actions for the wallet. If you resolve the issues listed above, it will be possible to divorce your wife through the registry office within 1 month.

If there are children:

  • Solve the issue with their place of residence and come to a consensus about who the child will live with after the divorce. It is logical if the baby stays with the mother, unless not;
  • Discuss financial matters by offering to enter into an agreement on the payment of alimony.
  • Decide on the procedure and method for dividing property, as well as the composition of joint property. If there is a chance for a peaceful resolution of the dispute, conclude a division agreement through a notary.

The settlement of these issues without a trial will allow a divorce through the Magistrate's Court within a maximum of 2 months, taking into account the date the decision comes into force.

When You Can't Divorce

Article 17 of the RF IC establishes an unequivocal ban on divorce for a husband, unless the wife's consent is given to him.

A man does not have the right to initiate divorce proceedings if:

  • The wife is pregnant;
  • Joint child is not 1 year old;
  • Less than a year has passed since the birth of a common baby, who was born dead or later died.

The first two points are explicitly spelled out in Art. 17 of the RF IC, the third paragraph clearly follows from its provisions, which is confirmed by judicial practice.
These restrictions are aimed at protecting the interests of a young mother, and are also designed to give spouses time to “grind” and overcome the difficulties that inevitably arise in a family with the birth of a baby.

If the wife is determined to divorce, then her consent completely removes the restriction specified in Article 17 of the RF IC and the divorce will take place.

What do you need to divorce your husband?

The divorce process with a husband is most often complicated by the procedure for collecting alimony, the division of property, as well as the spouse's avoidance of appearing in the registry office, and then in court.

The right actions in preparing for a divorce will allow you to quickly end the relationship that has become burdensome with the solution of all related problems.

What to do

As with the initiative of the husband, it is in the interests of the wife to try to resolve the dispute amicably.

What can and should be done by a wife who decides to break off relations with her husband?

  1. If there are no common children, try to convince the spouse to voluntarily appear at the registry office and quickly get a divorce. The husband needs to know that failure to appear at the registry office or avoiding coming to court will not affect the outcome of the hearing in any way: the marriage will still be terminated, but with additional problems for him.
  2. If you have children, it is best to agree before the court on who the child will live with and how much the husband will pay alimony. It is worth informing the husband that the voluntary payment of alimony under the agreement will cost him cheaper and more profitable, since with ex-wife You can negotiate, but you can't with bailiffs.
  3. When dividing property, you can offer your own version of the division of property, not forgetting to take into account the interests of children. Together with your husband, you can visit a lawyer who will describe in colors all the advantages of dividing property by agreement.
  4. Any trial costs money: fees, expertise, legal services. Both husband and wife should know about this before starting litigation. Every peace will be better than a good judgment.

IMPORTANT POINT: A wife has the right to unilaterally oppose a divorce if she is pregnant at the time it began or less than a year has passed since the birth of a joint baby (including when it was stillborn). If the impulse of the spouse is caused by temporary family problems or unpreparedness for a child or pregnancy - the wife's right not to consent to a divorce will help save the family in the future.

Documents for divorce through the registry office

Subject to the requirements for the divorce procedure through the registry office, spouses can terminate their legal marriage through the Office of the Civil Registry.

To do this, you just need to submit an application in the prescribed form and attach the documents required for the divorce process.

Application forms differ depending on the reasons and grounds for divorce, as well as on the positions of each spouse.

Statement

To dissolve a marriage through the registry office, spouses must submit an appropriate application. In case of divorce in the absence of children and with the mutual consent of the spouses, the dissolution of the marriage is carried out on the basis of a jointly submitted and signed application by the spouses.

Also, one of the spouses who cannot come to the divorce office can notarize the signature on the application and send it by registered mail to the registry office.

IMPORTANT: When registering a divorce, the presence of at least one of the spouses is mandatory, otherwise, in the absence of both the husband and wife, the divorce will not take place.

Sample Application

When applying to the registry office, you need to fill out one of three application forms, depending on the circumstances of the divorce.

Form No. 8

The standard application form for divorce through the registry office, used in cases where the husband and wife have agreed on a divorce and they do not have joint children. To be completed by both spouses. If any of the divorcing partners cannot come to the registry office to submit documents, then he can send a notarized document to the registry office.

Form No. 9

Form for divorce in the registry office unilaterally.

Filed by one spouse seeking a unilateral divorce due to:

  • Conviction of the second marriage partner to a prison term of 3 or more years;
  • Recognition of the second spouse as incapacitated or missing.

A mandatory attachment to this application is a copy of the decision (verdict) of the court, confirming the exceptional circumstances for a unilateral divorce.

Form No. 10

This form for dissolution of marriage is submitted to the registry office by any of the spouses after the court decision on divorce comes into force. In fact, this is an application for the execution of a court decision on divorce by one of the spouses and it is of a formal nature and is aimed at issuing a certificate of divorce.

The marriage is considered terminated from the moment the court decision comes into force, therefore it does not matter whether both spouses apply immediately or whether one of them comes to the registry office after some time. The marriage will already be considered dissolved on the day when the judicial act entered into force.

List of documents

The following documents must be attached to the application for divorce through the registry office:

  1. Passport (to have with you when you appear at the registry office);
  2. Marriage certificate;
  3. Document-grounds for divorce without the consent of the spouse: a copy of the court decision on the incapacity of the second spouse; the decision to recognize him as missing; a copy of the court verdict of conviction and a certificate of serving the sentence (when submitting Form No. 9);
  4. A copy of the court decision, if the divorce is based on it (when submitting Form No. 10).
  5. Receipt for .

The decisions and verdict of the court must be certified with a blue seal, signed by the judge, and the document itself must bear a mark on its entry into force. If the judicial act was changed by a higher authority, then you will also have to attach a copy of the amending document, certified and executed by the court.

If there is no marriage certificate on hand due to its loss or destruction, then before applying to the registry office with an application for divorce, you must apply there to obtain a duplicate of the document. After his issuance, you can file for divorce.

Submission of documents

  • In case of a personal appearance at the registry office, an employee of the institution independently enters all the data into a computer, prints out an already completed application and gives the spouses to read and sign it.
  • When sending a notarized application by mail, it is important to fill in all fields of the application correctly and legibly. The slightest mistake will result in a refusal to dissolve the marriage.
  • In case of a unilateral divorce, sending an application by mail is not allowed, the spouse must personally arrive at the registry office to sign and submit the application.

Read more about the list of documents for divorce in the registry office.

Documents for divorce through the court without children

Dissolution of a marriage without children in court is carried out in the event that one of the spouses does not agree with the divorce. Otherwise, the dissolution of the marriage would be possible through the registry office.

To start the divorce procedure, you need to file a statement of claim with the justice of the peace at the place of residence of the defendant.

Statement of claim

The statement of claim is drawn up with the obligatory observance of the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation. In case of violation of the requirements imposed by law, the claim may be left without movement, and then completely returned to the applicant.

In the application for a divorce without children, you must specify:

  • Name of the court, its address, full name of the court and addresses of the parties;
  • Date of marriage, date of termination of relationship, reference to disagreement of the spouse;
  • Indication is not the impossibility of preserving the family;
  • Request for divorce.

The application is signed personally or by a representative by proxy, the date is put. A list of documents attached to the claim is also indicated.

Claim Form

The presented sample divorce claim in court without children is approximate, does not reflect all the key points that should be contained in the document.

IMPORTANT: When drawing up a statement of claim on your own, it is strongly recommended to consult with an experienced lawyer. This will avoid possible problems and the return of documents.

List of documents

All documents mentioned in the statement of claim must be attached to the statement of claim. It is also necessary to document all the circumstances and facts stated.

A typical list of documents for filing with the court looks like this:

  1. The statement of claim and its copy for the defendant;
  2. Receipt of payment of the state fee for applying to the court (original);
  3. Copy of passport and copy of marriage certificate;
  4. Documents confirming the reasons for the divorce:
    • Documents on attracting her husband to adm. responsibility for beatings, debauchery, etc.;
    • Information about his illness, alcoholism, drug addiction, etc.
  5. Certificate of residence (as indirect evidence of the termination of the relationship).

IMPORTANT: If the marriage certificate is lost or is with the other spouse, you can request a duplicate from the registry office or take a marriage certificate there.

The provision of documents confirming the reason for the divorce is not at all mandatory, but it is desirable to exclude the court from granting a period for reconciliation. If the plaintiff spouse in any case insists on divorce, even without proving the reasons, the court will not have the right to oppose his will. Even with the disagreement of the second spouse.

An accurate package of documents and an unambiguous answer about what documents are needed for a divorce can only be given by an experienced lawyer.

Submission of documents

The claim can be filed in person in court or sent by registered mail. In addition, you can issue a power of attorney and hire in court, which will sign the claim and hand it over.

To file a claim, this authority must be specifically specified in the power of attorney.

The lawsuit is filed with the magistrate's court at the place of residence of the defendant's spouse. In this case, only the address of official registration or temporary registration is taken into account as a place of residence. The actual place of residence will not matter.

Applications are provided in copies, with the exception of the receipt of payment of the fee and various certificates.

If the plaintiff does not plan to appear in court, it is advisable to certify the copies with a notary in order to avoid postponing the case to demand the original documents in the future.

For information: If you have an electronic digital signature, you can send a claim through the ESIA system, to in electronic format. However, in 2017, this system is still not functioning stably enough, and there are problems with its work in the local courts.

Documents for divorce through court with children

The division through the court with the child is carried out in two ways:

  • Through the Magistrate's Court, if the spouses have reached an agreement on the further procedure for raising children and their place of residence;
  • Through the district court, if there are disagreements between the spouses-parents about the fate of the children after the divorce.

In both cases, it is necessary to file a claim drawn up in accordance with the rules of Art. 131-132 Code of Civil Procedure of the Russian Federation.

Statement of claim

The claim must indicate:

  1. Full name and address of the court where the claim is filed.
  2. Name of the spouses, their addresses;
  3. Information about the dispute: date of marriage, reasons for divorce, the possibility of preserving the family, the position of the second spouse in the lawsuit;
  4. Information about children, including their full name, date of birth, indication of the address of residence and which parent they are with;
  5. Description of their future fate, whether or not an agreement was reached on education;
  6. References to the norms of the law, evidence that clearly indicates the need to leave the child with the plaintiff (if no agreement is reached on the children);
  7. The demand for a divorce, as well as for the abandonment of the child or for the transfer of his second spouse.
  8. Signature, date of signing and list of attached documents.

The claim is prepared in writing, it is highly desirable in printed form. The law does not prevent the submission of a handwritten document, but if the handwriting is illegible, the judge will have the right to return it for compilation in a readable form.

Claim Form

This sample application reflects a simple situation related to the divorce of spouses when reaching agreement on children. If there are "complications" in the form of an acute conflict around the upbringing of a child, it is highly advisable to consult with an experienced lawyer on the preparation and execution of a claim.

List of documents

What do you need to file for divorce with children? Prepared claim and all attached and listed documents.

The following documents are attached to the statement of claim in case of divorce with children:

  1. A copy of the statement of claim for the second spouse - the defendant;
  2. Marriage certificate (copy);
  3. Copy of the applicant's spouse's passport;
  4. Copies of documents about children: birth certificates, agreement on children (if any);
  5. Information about the place of residence of children;
  6. The consent of the spouse to terminate the marriage, if he does not plan to come to court, and also if there is no dispute between the spouses about the fate of the children;
  7. Receipt of payment of the fee;

This list of documents is not exhaustive, since in the event of disputes about children, the following may additionally be required:

  • Information about the income of the spouses, in confirmation of the ability to provide for the child financially or if the claim claims the recovery of alimony;
  • Documents on living conditions;
  • Conclusions of guardianship authorities;
  • Information from school and preschool institutions on attendance by parents of events, meetings (to confirm participation in the lives of children);
  • Other documents.

Only an experienced lawyer can compile and prepare a list of documents that is accurate and relevant specifically for your situation. Try to get advice on filing a claim as soon as possible, without waiting for wrong actions on your part.

Submission of documents

The claim for divorce, if there is a child, is filed with the world or district court, as already mentioned above.
Submission of documents is carried out:

  • In person - through the reception of the court;
  • Representative - if an appropriate power of attorney has been drawn up for him through a notary or an official equivalent to him;
  • By registered mail - if it is not possible to arrive at the court;
  • In electronic form through the ESIA - if there is a digital signature.

Lawyers recommend filing a claim by mail, since in this case you will receive an official document either about its acceptance or about the shortcomings of the claim, and not simple words reception staff about non-compliance with the requirements.

If during the consideration of the claim in the Magistrate's Court a dispute arose between the spouses about children, the judge will be required to refer the case to the district court in connection with the change of jurisdiction.

Duty

Almost any legally significant action is subject to payment of state duty. Divorce is no exception - you will have to pay for a divorce in the registry office, and for a divorce through the courts.

When applying to the registry office, you must pay a fee in the following amount:

The amount of the fee for dissolution of marriage through the court is fixed - 600 rubles, payable before filing a lawsuit.

If the divorce claim is combined with other claims, an additional fee will be paid on them by the plaintiff or the defendant. In some cases, the plaintiff is exempted from paying the fee.

If the fee was transferred using online banking, then you need to contact the bank branch to obtain documentary evidence of the transfer of funds. The amount of the fee paid must be confirmed by the original receipt, which is handed over to the body that carries out the divorce procedure.

Terms of divorce

Divorce through the registry office occurs no later than, but not earlier than 1 month from the date of application by the spouses. This applies to both divorce by consent and unilateral termination of marriage.

In case of a divorce in court, the time limits will be as follows:

  • Magistrate's Court: 1 month for consideration of the application + 1 month for the entry into force of the decision
  • District Court: 2 months for the hearing + 1 month for the entry into force of the decision.

IMPORTANT: If property is divided along with the divorce, then various forensic examinations may be appointed. This may delay the process for up to six months, depending on the complexity of the examinations.

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If you want a divorce, but your partner does not want it, then you can unilaterally file for divorce through the courts.

If your partner gives you consent to divorce, then you can quickly.

Divorce through the registry office is quick and easy, but we will consider the option of divorce in court.

Grounds for termination of marriage.
When is it filed for divorce? Terms.
- In which court to file for divorce?
- Documents for filing for divorce through the court.
How is the trial going?
- Terms of divorce.
- The nuances of a divorce through the courts.
- Grounds for termination of marriage.
- State duty, and the cost of a lawyer in a divorce through a court.
- Video.
- An example from judicial practice.


Grounds for termination of marriage

From the position of the legislation (Article 16 of the RF IC), grounds for termination family relations 4:

  • Death of one of the spouses;
  • Recognition of a spouse as deceased (by court);
  • Submission of an application by one of the spouses for divorce (guardian of the spouse in case of his incapacity);
  • Both spouses file for divorce.

In the first two cases, the marriage is terminated at the moment of the occurrence of an event or the entry into force of a court decision.

When is it filed for divorce? Terms.

As already noted, is it possible to get a divorce both in the registry office and in court? But when exactly will you have to go to court?

There are three cases:

  • The presence of joint children under 18 years of age (clause 1 of article 23 of the RF IC);
  • The unwillingness of one of the spouses to part with their other half (Article 22 of the RF IC);
  • Evasion of one of the spouses from appearing in the registry office, with theoretical consent to divorce (clause 2, article 21 of the RF IC).

In the first case, everything is clear: even if the husband and wife vied with each other about the impossibility of living together in the future, but at the same time they have at least one common child(minor) they still have to get divorced in court.

In the second, everything is also clear: the husband or wife wants freedom, and, accordingly, his wife or husband expects an early reconciliation and the preservation of the family. In the registry office, such a couple will not be divorced. The case will be decided in court.

The third case is the most interesting: both spouses agree and, but one person sabotages the event in every possible way, and simply does not show up at the registry office on the day appointed for divorce. In this case, the person wishing to break off the family relationship will have to file a lawsuit in court for the dissolution of the marriage.

In which court to file for divorce?

As a general rule, divorce cases are handled by world judge- Clause 2, Part 1, Art. 23 Code of Civil Procedure of the Russian Federation. If, during the divorce proceedings, the husband and wife decide on the issue of determining the place of residence of their joint child, then such a case will be considered district court- Art. 24 Code of Civil Procedure of the Russian Federation.

The lawsuit is filed with the court at the place of residence of the defendant, or the plaintiff, if the place of residence of the first is unknown. It is also allowed to file a lawsuit in the court at the place of residence of the plaintiff, if a minor child permanently lives with him, the place of residence of which after the termination of the marriage will have to be determined by the court.

Documents for filing for divorce through the court.

Submitted according to the general rules for filing an application. The initiator of the divorce will be called the plaintiff, the other side - the defendant.

The claim contains the full details of both parties, including the place of residence, the grounds for divorce (a formal condition), and the following documents (copies) are attached to it:

  • Marriage certificate;
  • Children's birth certificates;
  • Income certificates, if it is also about the recovery of alimony;
  • Document confirming the payment of state duty;
  • The consent of the spouse to the divorce is notarized, if any.

How is the trial going?

After accepting the claim, the court sets a date for the first hearing. It cannot be appointed earlier than one month after the filing of the claim by the applicant. Both the plaintiff and the defendant receive a divorce subpoena in the mail before the hearing. At the first meeting, the court finds out the attitude of the parties to the dissolution of the marriage, the reasons for the divorce, the possibility of preserving the family.

If both spouses have a strong desire to part, and there are no disputes on other issues, then the divorce process in court ends here. The court issues a decree on divorce and after 30 days sends a copy of it to the registry office. If, however, everything is not clear in the case: the husband / wife does not want to disperse, then the court sets a period for reconciliation of the parties, as a rule, 3 months. If, after the expiration of the term, the parties have not found common language, the judge decides to end the marriage.

In case of non-attendance..

If both spouses do not appear in court, then the case is dismissed and the family is preserved, but if there is only one, then for a start the judge finds out:

  • Whether the absentee was duly notified, and if so, then;
  • Was there a valid reason for his absence?

If the party was duly notified, and no petition was filed to consider the case in its absence, then the judge can either postpone the meeting to another date, or hold the meeting in the absence of the absentee.

Two non-appearances are allowed (two postponements of the hearing), with the third non-appearance the court will be forced to make a decision.

Divorce terms

Unencumbered by other requirements and with the consent of both spouses, a divorce in court will not take more than 1 month(plus 1 month for the entry into force of the court decision) from the moment the plaintiff filed an application.

If only one spouse has a requirement to break family ties, then the court may be delayed for 4 months(plus 1 month for the entry into force of the court decision). The term includes the maximum allowable time for reconciliation of the parties.

If the desire to divorce is strong only on one side, and the second, after the allotted time for reconciliation, did not appear at the hearing, and then again and again did not appear, then you will have to divorce the whole 6 months from the date of filing the claim (plus 1 month for the entry into force of the court decision).

If the divorce process is associated with, then the terms, in general, can vary from six months to one and a half years.

Nuances in a divorce through the courts

The family legislation of the Russian Federation provides the right to initiate a divorce for both the husband and the wife, but there are some nuances.

So, the husband does not have the right to file for his wife and a year after the birth of the child. The court will divorce the couple only if the spouse expresses the desire (Article 17 of the RF IC).

If the divorce claim provides for a request for the division of property, then such a claim can be filed with the court at the location of this very property (when it comes to real estate) - Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation.

In the case of a simultaneous division of property, it is advisable to file a petition for attachment of property along with the claim so that the defendant cannot realize it.

It happens that spouses reconcile after the court has issued a decision on divorce. In this case, the law gives the right to appeal against the decision of the court within 30 days, and to refuse the claim in the court of second instance.

State duty, and the cost of a lawyer in a divorce through a court.

Freedom has always been highly valued in the literal and figurative sense, so a person who decides to get out of married life will have to spend money.

The cost of a divorce, excluding compensation (if any is provided for in the marriage contract), property consists of a state fee and the cost of services of a trustee (lawyer).

There are three fee options depending on the conditions:

1) For state registration of divorce, including the issuance of certificates:
with the mutual consent of the spouses who do not have common minor children - 650 rubles from each of the spouses.
2) Upon divorce judicially- 650 rubles from each of the spouses.
3) Upon divorce at the request of one of the spouses in the event that the other spouse is recognized by the court as missing, incompetent or sentenced for committing a crime to imprisonment for a term of more than three years - 350 rubles.

The cost of representative services varies by region. So, in the capital, a family lawyer will cost 900 rubles, and representation in court in the amount of 10 thousand rubles. In the provinces, the amounts may be less.

Example from jurisprudence

Inna B. filed a divorce suit with her husband Stanislav B. At the time of filing the application, Stanislav B. was registered with his friends, but Inna B. did not know the address. The couple had a 5-year-old daughter. The wife filed a lawsuit in the district court at her place of residence, indicating that she did not know where her husband now lives. The wife also filed for the division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously filed a demand for and determination of her permanent place of residence with her mother.

Stanislav did not appear at the court session. The court decided to postpone the consideration of the case for a month. Stanislav again did not appear at the second meeting, the court again postponed the consideration of the case for a month. The husband came to the third court session and stated that he did not intend to part with his wife, but wanted to maintain relations for the sake of his daughter. The court set a time limit for reconciliation - 2 months.

Two months later, at the next meeting, the court decided to divorce the couple, leave the daughter to live permanently with her mother and assigned her alimony, property to be divided in equal shares, but it turned out that by the time the decision was made, the car had been sold and the property of the spouses was one garage. In the future, Inna could not prove that she did not know about the sale of the car and could not cancel the transaction.

If the family has minor child, this does not mean that his parents cannot dissolve their marriage. But in this case, the procedure will look a little different than in the absence of joint children under 18 years of age. It should be considered what documents for a divorce with a child need to be prepared, how the divorce process will take place, what rights the parents have and what responsibilities they bear.

Is it possible to get a divorce through the registry office

Traditionally, the registry office is engaged, but not in the case when there are children in the family. Accordingly, the documents required for divorce will need to be submitted to the Magistrate's Court, except for the following situations:

  1. If one of the spouses is recognized as missing, missing for more than one year and his place of residence is unknown.
  2. One of the parents is imprisoned for more than 3 years.
  3. If one of the parents has lost legal capacity.

In these cases, you can also get a divorce through the registry office, but you must definitely provide a court decision, because each of the facts presented is established in court. In addition, you need a passport, marriage certificate, payment of the state fee.

Divorce through court

Before you wonder where to file for divorce, you need to consider a few nuances. Firstly, if the child was born before marriage, and paternity has not been established, then you can get a divorce through the registry office. Secondly, divorce through the court occurs only between spouses who have children in common. At the same time, both parents, by mutual agreement, and one of them can apply.

You can file documents for divorce with a child in the Magistrate's Court, but only if there is no dispute between the spouses about who the children will remain with. If there is a disagreement, then you should go to the district court.

Statement of claim

The list of documents for divorce is not so long:

  • the passport;
  • birth and marriage certificates;
  • statement of claim;
  • confirmation of payment of the state fee.

Keep in mind that all documents need photocopies, and in the absence of originals, they must be notarized.

Now you need to draw up It should be written according to the following plan:

  1. Name of the municipal institution.
  2. Surname, name and patronymic of both spouses, their place of residence.
  3. Description of the essence of the issue, starting from the moment of marriage, the birth of children and the desire to divorce.
  4. It is necessary to identify controversial points, if any, regarding the division of jointly acquired property and
  5. The last part of the statement of claim is a petition to the court to dissolve the marriage, divide the jointly acquired property, determine the place of residence of the children, and assign alimony.

By the way, if there are disputes over children or property, the plaintiff must provide the court with arguments and evidence. The application and a package of documents are transferred to the court office at the place of residence of the defendant.

How will the divorce process go?

After the documents for divorce with the child have been submitted to the court, the judge considers within 3 days and sets the date and time for the court hearing. Both spouses will be notified of her by registered letter.

The timing of a divorce case depends on many factors. Here is a list of those that will speed up the divorce process:

  1. At each meeting are both parties to the trial.
  2. Their decision to dissolve the marriage is mutual.
  3. There are no disputes over the division of jointly acquired property.

Otherwise, court hearings will last quite a long time. Spouses are more expedient to agree among themselves before the hearing in court.

How to prepare for a court hearing

You do not need to worry only about what documents to file for divorce, because, in addition, you need to carefully prepare for the meeting. In court, everyone defends their interests, especially when any disputes and disagreements arise. Accordingly, it is necessary to prepare various kinds of evidence in order to increase the chances of the judge making a decision in his favor.

You can present to the court as evidence:

  • documents or notarized copies;
  • video or audio recordings;
  • testimony of witnesses;
  • expert opinions.

What to do if one of the spouses does not agree to a divorce

Oddly enough, but in most cases, only one of the spouses initiates the dissolution of the marriage, and the second does not agree with this decision. Accordingly, the situation is aggravated, and the judicial procedure is delayed.

It is worth noting that there are also cases when the spouse does not have a marriage certificate, but at the same time he wants to file an application with the court. The question arises as to what documents are needed for a divorce in this situation. To solve the problem, you need to contact the registry office and take a duplicate or certificate of state registration of marriage.

Further, it should be borne in mind that if the spouses have not reached a consensus, then for the dissolution of their marriage, unpleasant moments. Firstly, the judge will set a time limit for reconciliation - 3 months. Secondly, you will have to spend a lot of time and effort searching for and collecting evidence that will help protect your own interests.

With whom will the child remain after the dissolution of the marriage

In any case, if there are minor children, and at the same time both spouses agree to a divorce, only a court can terminate their union. The only advantage in this situation is that the process will not drag on for a long time.

In this case, the father has a chance to determine the place of residence of the child with him. Check out what divorce documents you need to provide in this case, or rather, what evidence to present during the court session:

  • the mother does not have a regular income;
  • there are unfavorable housing conditions for the child;
  • the mother has negative qualities that can adversely affect the psychological health of the child.

It is worth noting that if children are over 10 years old, then their opinion is taken into account by the court, and the latter makes a decision based on the affection of each young citizen to one of the parents.

But in most cases, the parents agree among themselves and indicate the conditions and frequency of his stay with the second parent.

Child support

The parent with whom the child will remain needs to take care of which after the divorce must be submitted to the court. You can file for alimony before or after the process, or along with a divorce claim.

There are many nuances here. First, if the wife is on parental leave and the child is under three years of age, then her husband will pay maintenance for her and their children. Secondly, if the spouse is not employed and, accordingly, he does not have a permanent income, this circumstance is not grounds for refusing to collect alimony.

So, in order for the court to order alimony for the maintenance of a minor child, the following documents must be submitted:

  • statement of claim;
  • passport and copy;
  • birth certificate;
  • marriage certificate or its dissolution;
  • proof that the child lives with the plaintiff;
  • information about the composition of the family;
  • written substantiation of expenses for the maintenance of a minor child.

The package of documents should be submitted to the court office at the place of registration of the defendant.

Property division

Where to apply for divorce (with a child), if there are disagreements on the division of jointly acquired property? These issues are resolved by the Magistrate's Court in the framework of the proceedings for the dissolution of the marriage.

Today, the question that is relevant for many is: "How is the housing that is bought at the expense of a mortgage divided, but the housing loan is not repaid?" The fact is that if there is a child in the family, the court takes into account his interests in the first place. For example, if housing remains for the mother and child, then the father is paid monetary compensation equal to his share in the housing. But at the same time, both spouses are obliged to make mortgage payments.

Similarly, all the property of the spouses is divided, that is, taking into account the interests of minor children. Property belonging to children cannot be subject to division, including money left by their parents in bank accounts. By the way, you can only file a lawsuit against the partition within three years after the dissolution of the marriage.

Divorce process if the child is less than one year old

If the baby is under one year old, then only the spouse can apply to the court for divorce. The father cannot leave the family, especially if his other half is against it. In this case, you can agree peacefully and by mutual consent to dissolve the marriage or wait for the first birthday of the child. The wife's pregnancy can also be a reason for the refusal of a divorce court.

Documents for divorce with a child who is less than one year old remain the same, but only the mother can act as a plaintiff.

Conclusion

Before deciding on a divorce, it is worth considering everything in detail. First of all, you need to consider the interests of your children. Even if reconciliation between spouses is impossible, this is not a reason to forget about them. In any case, the interests of children will be necessarily taken into account in the first place.

Divorce is almost always carried out through the courts, since it is then that the interests of the child are taken into account in full. In addition, one of the parties may object to breaking the marriage bond and begin to shy away from applying to a state institution. This article will discuss the application procedure, as well as the necessary documents for divorce in the presence of minor children.

Where to apply for divorce

In order to start the divorce proceedings, the necessary package of documents is submitted to the court. Only personal presence is required, the participation of any representatives is prohibited. Mutual consent of the spouses to divorce requires a number of necessary procedures. If the couple has children, then you need to establish the specific location of the court where the claim will be filed.

As a rule, such a claim is accepted by the world court. If disagreements arise between the parties regarding the place of residence and upbringing of children after the completion of the divorce proceedings, such a case is handled by the district court.

Required list of documents

The following list of documents directly related to the divorce is submitted to the court:

  • statement of claim;
  • documents confirming the presence of common children;
  • Marriage certificate;
  • receipt for payment of state duty.

If the spouse acts as a defendant in the case, he has the right to protest the claims. All arguments must be made in writing. Before making a final decision, the court must carefully read the defendant's written document.

The cost of a divorce

The amount of the state fee for filing a claim for termination of the divorce proceedings is 600 rubles from each side. It must be paid before filing documents with the court, because the original check is attached to the statement of claim. In his absence, the claim will not be considered.

Further expenses are not limited to this: after the court decision is made, this document must be transferred to the registry office. The amount of the state duty for registering a divorce is 650 rubles. You can pay the state fee through the cash desk of any bank or at payment terminals.

Divorce process through court

The dissolution of a marriage consists of several mandatory steps, where the spouses must make a number of important decisions:

  1. Claim preparation. The Family Code of the Russian Federation defines cases when a husband does not have the right to file for divorce without the consent of the second half: if there is a child under 1 year old or if his wife is pregnant. In other situations, there are no restrictions on going to court for both parties. When filing a claim, it shall indicate such important points, as information about the parties, the reasons for the termination of family relations, data on marriage, etc. Together with the claim, it is desirable to show the agreement of the parties on maintenance payments, the division of property, or the determination of the place of residence of a minor child.
  2. Consideration of the case in court. At this stage, the court tries to identify best conditions for the upbringing and living of children. To this end, a number of procedures are carried out to study the living conditions of both parties. Usually the court gives time for reconciliation: 1-3 months. Otherwise, the case is considered in the general order. The court analyzes the submitted documentation, listens to the opinions and objections of the spouses. If there are disputes about children, the guardianship and guardianship authorities are involved in the case. A divorce is possible in the absence of the husband only if he has notified the court of his agreement with the statement of claim or the reason for his absence is unfounded. The spouse must be notified of the time of the court session.
  3. The judgment shall be pronounced in the presence of all parties. Within 5 days, the relevant document will be prepared in writing. If the parties to the case do not agree with the decision, they have the right to appeal it.
  4. The beginning of the validity of the judgment is 1 month after the end of the appeal period. There is no state duty upon receipt of the document. The decision is also sent to the place of registration of the husband, who was absent from the meeting.
  5. Registration of a divorce at the registry office. This stage requires the submission of documents such as an application, a marriage certificate, a receipt for payment of state duty, an extract from a court decision. The term for issuing a certificate of divorce: 1 month.

On the video about the dissolution of marriage in the presence of minor children

The duration of the divorce process can last more than 3 months in the presence of young children. At the birth of a child, the period increases to 1 year. Much depends on current family circumstances.

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