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Sample application for divorce if there are children. What reasons to indicate in the application for divorce. A statement of claim for divorce in court

When a couple decides to divorce it is always unpleasant. But it is more terrible when divorces have common children who are not guilty of anything. Be that as it may, it is not rare. Many experts, including us, advise you to preliminarily draw up an agreement considering all the main issues such as raising children, dividing property or alimony.

This is a truly economical step that saves time and money. Naturally, the trial cannot be avoided, but it will still be easier. And in court it is necessary to provide a correctly completed application for, without this in any way. You can compose it yourself, since, having it, it will not be difficult. It's better than paying a specialist!

Divorce petition sample 2016 through the court

So, you gradually begin to prepare for the judgment. First of all, it is necessary to draw up a statement of claim approved by Article 131 of the Civil Code of the Russian Federation, as well as collect all the necessary documents.

The following data must be indicated in the application:

  • the full name of the court and the city where it is located;
  • Name of the plaintiff and place of registration;
  • Full name of the defendant and place of registration;
  • The reasons the spouses want;
  • list of all required documents;
  • signature.

What documents will be needed for a divorce:

  • the claim to the defendant, a photocopy of which is sent personally to him;
  • original marriage certificate;
  • birth certificate of the child (photocopy);
  • a list of property acquired over the years of marriage, if the spouses want to divide it upon divorce.

In addition to the application and the necessary list of documentation, you have to pay a state fee, since without this the claim simply will not be accepted

How to write an application for divorce if there are minor children in 2016

According to Article 131 of the Code of Civil Procedure of the Russian Federation, plus all of the above, spouses who are going to divorce and have children in common are obliged to give answers to questions such as:

  • when and where the marriage was registered;
  • whether there are children (daughter or son);
  • whether there is an agreement on children;
  • what other requirements the spouses have. We are talking about and.

What reasons need to be indicated in the statement of claim

According to the Family Code of the Russian Federation, young people getting married should love and respect each other. It turns out that if the husband and wife plan to divorce, and this is a mutual desire, then you just need to indicate in the statement that they no longer love each other and do not feel mutual respect. Even if one of the spouses does not agree with this opinion and does not want to get divorced at all, it will still be enough in the statement to indicate the reason for the second spouse that he no longer has any feelings for the second. These reasons are quite enough.

In addition to this, you can indicate other reasons, no less important. We are talking about the alcoholism of the second spouse, drug addiction, about the fact that he is not able or does not want to raise children and everything in a similar spirit. These reasons for the trial are also extremely compelling.

And, of course, the most common reason is the betrayal of one of the spouses! Only when you point out cheating in a statement, try to put it all on paper less emotionally. Do not forget that the judge will later ask questions that are likely to be uncomfortable for you to answer in front of everyone.

When you state your reasons for wanting a divorce on your application, try to make it not look like a complaint. Do not forget that a lawsuit is an official document that does not tolerate unnecessary emotions, jargon, insults, and more.

Where to apply for divorce if you have a child

In principle, you can apply to any magistrate or district court, especially if the spouses who have common children, who decide to divorce, do everything together and by mutual agreement. That is, an agreement on children was previously signed, the amount of alimony was determined, the property acquired on their own was divided, and so on. In this case, everything is really extremely simple, if no one arises.

In general, according to the rules, the application is submitted to the court that is located at the place of residence of the plaintiff, as a rule. But here, too, there is an exception to the rule, for example, if the defendant is raising a child who has not reached the age of majority, then the claim must be filed at his place of residence. But in fact, these are the little things in life, there are problems with a divorce, much more serious.

With the mutual consent of the two spouses to divorce, the most acceptable option for divorce is to write an application to the registry office. However, one of the spouses does not always agree to a divorce. In this case, the procedure begins divorce in court where they will need to collect the documents established by law for divorce through the courts.

There are a number of situations when spouses have no other choice but to get divorced in court.

Where to apply for divorce

When the decision to divorce has already been made, the question often arises, where to apply for divorce? There are two ways to dissolve a marriage - through the courts or through the registry office. The second option is much faster and easier, but it cannot be used in every situation, therefore, divorce through the courts is used most often in practice. One of the spouses will have to collect documents for divorce through court, write a statement of the appropriate sample and take all the papers to the judicial authorities.

The Family Code of the Russian Federation clearly states that if the spouses decide to terminate family relations, then divorce in court will be necessary in the following cases:

  1. Married citizens have a minor child (s).
  2. The other spouse, in fact, agrees to go through the divorce procedure through the registry office, but by any means avoids visiting him in order to legally formalize the divorce procedure.
  3. The other spouse does not give his consent to go through the divorce procedure at the registry office.

At the legislative level, certain rules are established for the procedure for divorce in court, therefore, the spouse who initiates the divorce and applies to the judicial authorities is obliged to collect the documents necessary for the divorce.

What documents are needed to dissolve a marriage through a court - a case with a child

When the divorce procedure is carried out in the registry office, then a small package of documents will be needed, but if the spouses dissolve the marriage through a court, including a world court, a more capacious portfolio of divorce papers should be collected.

The list of documents for divorce from a child is exactly the same as the list of documents for divorce through a court.

It includes:

  1. A corresponding statement drawn up by the initiator of the divorce in free form. This paper is subject to certain requirements of the Code of Civil Procedure of the Russian Federation. The application must contain the following information:
    • Full name of the court that is the addressee of the statement of claim.
    • Information about the plaintiff, which includes name, address of residence, date and place of birth, passport data, registration information.
    • Information about the defendant, including name, address of residence, registration information, date and place of birth, passport data.
    • Information about joint children, details of birth documents.
    • The time and place where the marriage was concluded, requiring dissolution based on the decision of the judicial authority. If necessary, you will need to indicate the details of the documents on the marriage between spouses.
    • Information related to attempts to resolve the issue of termination of marriage in a pre-trial manner. Here it is necessary to add data on a similar solution of other controversial issues related to the dissolution of the marriage union.
    • A complete list of documents for the statement of claim provided by the plaintiff, who applied to the judicial authorities to terminate the marriage. On our website you can download a sample application for divorce in court for free.
  2. Original marriage certificate.
  3. The passport of the spouse who is the plaintiff.
  4. A receipt confirming that the obligatory duty set by the state has been paid.
  5. If there is a marriage contract concluded between the spouses, then it should be attached to the case.
  6. Birth certificates of all children. You can provide both notarized copies and original documents.
  7. Documents on the amount of salary of each of the spouses.
  8. An extract from the house book of the apartment in which the plaintiff lives, confirming that the child actually lives with the spouse.
  9. A statement that the other spouse agrees to divorce. This document must be certified by a notary. The paper must be submitted to the court in the event that the other party does not object to the dissolution of the marriage through the judicial authorities. In most cases, the defendant party indicates the following information in the application:
    • Full name
    • Place of residence
    • Date and place of birth
    • Consent for the marriage union to cease to exist
    • Details of the marriage document
    • Information about the time and place where the marriage was legally sealed
    • The number of the marriage record made in the registration documents of the relevant authorities
    • Data on the second spouse
    • Information related to the presence of claims of a property nature to the second half
    • Personal signature
    • Date of compilation of paper
  10. Documents on the property belonging to the plaintiff. These papers will be considered by the court in the event that the plaintiff, in addition to the application for the termination of the marriage, puts forward an additional application, which reflects any property claims in relation to the second spouse. This applies, in particular, to claims on the obligation of the plaintiff to pay alimony.

How to file for divorce unilaterally

There are times in life when one side wants to end a marriage, and a logical question arises of how to start the process in this case? If we turn to Russian legislation, exactly to, then it is indicated there that, subject to certain requirements, a citizen is not deprived of the opportunity to unilaterally dissolve the marriage union.

This procedure can be carried out in two ways:

  1. Through power.
  2. Out of court.

When it comes to the first case, it is safe to say that the parties failed to come to an amicable agreement and were unable to resolve the problems that had arisen outside the walls of the court. Article 17 states that a judge will not satisfy a divorce claim only if the plaintiff's spouse is in a position or if the family has a baby up to one year old.

The second option is possible if the defendant does not want to dissolve the marriage or cannot personally appear at the trial. If the other half, which is absent, has a notarized statement on hand, then unilateral divorce is possible - for this you need to start the procedure through the registry office.

The situation will be similar if the second spouse:

  • Recognized as missing.
  • He was sentenced to more than 3 years.
  • Is incapacitated.

When the application is accepted by the judicial authority, the plaintiff will receive a notification of when the court hearing is scheduled for his case. You need to know that from the moment of filing the statement of claim for divorce, within one month the court will make a decision on divorce through the court.

Where can you apply for divorce through the court through the court

If we turn to the Civil Code of the Russian Federation, then it says that an individual acting as a plaintiff has the right to apply to the judicial authority of the appropriate instance located at the place of residence of one or both spouses. In most cases, the underlying factor is the place of residence of the child under the age of majority.

If the child lives with the spouse who submitted the application, then the claim is filed at that place of residence. In this case, the plaintiff must confirm the place of residence of the minor child, and for this, an extract from the house book should be taken.

Divorce proceedings

Divorce by mutual consent

In the event that both spouses have no mutual claims and agree to terminate their marriage, the court decides on the divorce. In this case, the reasons for the divorce cannot be clarified. If both parties have agreed and have already drawn up an agreement on children, then it must be submitted to the court. If such a document is not available, then in order to protect the interests of minor children, the court itself will take the necessary measures. The following information must be spelled out in the agreement for children:

  • With whom of the parents will the child live after the divorce.
  • Conditions according to which the joint property will be divided.
  • The amount of alimony for the maintenance of the child, the procedure for their payment.

Dissolution of a marriage without the consent of one of the spouses

Any case on the termination of marital relations begins with the preparation of a statement of claim, which is submitted in the manner prescribed by law. If the marriage cannot be preserved in the future, the judicial authority may decide to terminate the marriage bond.

But here the spouses should remember that the law gives them a maximum of three months, during which they have the right to refuse a divorce. If during this period the husband and wife do not reach an agreement, and conciliatory measures do not give the desired results, then the court will be obliged to dissolve the marriage.

If one of the married couple does not agree to a quick divorce, and gives good reasons for his decision, then the court is entitled to take a set of conciliatory measures, the purpose of which is to refuse the spouses to dissolve the marriage. Such cases contribute to a shift in the length of the proceedings.

Divorce registration

When the trial comes to an end and the court makes its decision, it must be registered with the registry office. According to the law, the court, no later than three days after the entry into force of the relevant decision, is obliged to send an extract to the state authorities that are engaged in registering the marriage of citizens.

The registration authorities will then take care of the registration of the divorce record, and after that the divorced spouses can take the divorce certificate from the registry office. Until this document is in hand, both parties do not have the right to remarry.

So, in order to start the divorce procedure, the spouse who is filing the claim needs to collect the package of documents established by law for the court to consider them. These papers are submitted with a corresponding application, the form of which can be downloaded from our website.


The final decision of the court to which the statement of claim was filed will depend on the reliability of the information provided, its completeness and the correctness of the statement.

Divorce statement via the Internet

In the era of information technology, such a service as filing for divorce via the Internet has become in demand, but it is not possible to resort to it in every case.

If there are no minor children in the applicant's marriage, and the spouses do not have property disputes, then an application can be submitted to the registry office through the portal of public services in the category of services "registration of divorce".

But if one of the parties has claims of a property plan or there are children in the family who have not reached the age of 18, then an application via the Internet is submitted to the judicial authorities.

On the website of state services, you can also pay the state duty, and for this the plaintiff has the right to use several methods.

Applying online has a number of advantages:

  1. The time spent on trips to the courts is significantly reduced
  2. Peace of mind with no queues

Payment can be made using a bank card or electronic money. If you want to pay the state duty through a bank, then on the site you can print a receipt for payment. So, if you decide to dissolve the spousal ties, you need to carefully consider your decision, and if reconciliation is impossible, all that remains is to choose a convenient option for filing an application with the court.

The form of the document "Statement of claim for divorce" refers to the heading "Statement of claim". Save the link to the document on social networks or download it to your computer.

To the magistrate of the judicial section No. __
cities ___________________

Plaintiff: ______________________

Defendant: _______________________

Statement of claim
about divorce

Years I married the defendant _____________________.
The marriage was registered by the Civil Registry Office of the City Administration _____________________, about which an entry No. _____ was made in the marriage registration book.
From this marriage, we have a minor daughter _________________ year of birth.
In fact, the marriage relationship between me and the defendant ended three years ago, we have not lived together since that time.
The reason for the breakup of the family was the incompatibility of characters, the lack of mutual understanding. I consider it impossible to continue living together and preserving the family. Reconciliation between me and the defendant is impossible.
There is no dispute about the division of property that is our joint property.
In accordance with paragraph 1 of Article 21 of the Family Code of the Russian Federation, dissolution of a marriage is carried out in court if the spouses have common minor children, except for the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to dissolve the marriage.

Based on the foregoing and in accordance with Article 21 of the Family Code of the Russian Federation,

1. Marriage between me and the defendant ________________, registered on ____________________ by the Civil Registry Office of the City Administration _______________________, deed entry No. _____ - to terminate.

application:

1. Copies of the statement of claim according to the number of parties;
2. Certificate of marriage;
3. Copy of birth certificate;
4. Bank receipt confirming payment of the state duty.

G. __________



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You can dissolve an official marriage through the courts or the registry office. The second option is permissible only with the consent of both spouses to break the relationship, the absence of common children under the age of 18, or in circumstances where the presence of the other party is impossible. The implementation of the intention to divorce is expressed by filing an application with the registry office.

They also apply to the state agency in case of divorce through the court, since the final stage of the process is the issuance of a divorce certificate, which is drawn up only at the registry office. Divorce process consultants answer the questions: which registry office to apply to, which document form must be filled out, what to do if the process is delayed?

How to fill out an application for divorce at the registry office correctly?

The application is submitted to the registry office by both spouses jointly, separately, or only by one spouse under certain circumstances that led to the absence of the other half.

In order for the divorce application to be accepted on the first try, you must fill it out correctly. The form can be obtained from the registry office. The applicant has the right to download a sample document on the website in advance or fill out a special form on the State Service portal after authorization. One of the options is the filling out of the form by the registry office employee himself. After that, the application is printed out and given for verification to those who applied.

It is important not to miss the following points: there should be no corrections in the document (strikethrough, rubbing with an eraser, painting over with a corrector); all words and numbers must be readable, so spouses with illegible handwriting are better off filling out the documents in block letters.

The joint application for divorce (form No. 8) indicates:

  • personal data about the applicants: full name; Date and place of birth; actual place of residence; citizenship, nationality (optional);
  • number and date of registration of the marriage certificate;
  • the date of registration of the dissolution of the union agreed with both parties;
  • number, date of entry of the act of divorce;
  • details of the documents provided for the identity of the spouses;
  • full legal name of the state body that accepts the documents;
  • surnames chosen by spouses after divorce;
  • date and signatures of both spouses.

Situations are envisaged when a husband or wife, for objective reasons, cannot appear at the registry office or the multifunctional center. Then they prepare statements independently of each other. The signature on the document of the absent person must be certified by a notary or other authorized person (the head of the correctional institution for persons in custody).

If one of the spouses is in prison for more than 3 years, is missing, is legally incompetent, and this is recognized in court, the application shall indicate the reasons for the absence of the opponent. For a divorce, another form is filled out (No. 9), in which the spouse indicates:

  • personal data: name, place of residence, citizenship and nationality;
  • passport details;
  • details of the marriage certificate;
  • the full name of the state agency registering the divorce;
  • the date on which the divorce process is scheduled;
  • number and date of the divorce record;
  • surnames after divorce;
  • the grounds for divorce are indicated.

When the second spouse is convicted to imprisonment, the name of the court that passed the sentence, the date of the court decision, the term of imprisonment are entered; in case of incapacity or unknown absence, the name of the court and the date of the relevant decision are also indicated.

In case of unilateral submission of documents, the spouse who is in prison, the guardian of the incapacitated spouse must be notified of the application within a period of at least 30 days. In the absence of a guardian, the registry office notifies the guardianship and guardianship authorities of the divorce.

The form

There are several forms of statements: number 8, 9 and 10. Each of them is submitted according to a certain life situation.

The forms in force in 2019 were approved by the Decree of the Government of the Russian Federation No. 1274 of October 31, 1998.

Form 8

The most common. It is served if both spouses agree to a divorce, there are no property disputes between them, they do not have common half-blood or adopted minor children.

Sample application for divorce in the registry office 2019

If one of the spouses wishes to change the surname, it is necessary to pay a state fee in the amount of 1600 rubles. (Article 333.26 of the Tax Code of the Russian Federation).

Step 3

Collection of documents according to the form of the submitted application. In each of the possible options, you must attach proof of payment of the state duty (check, receipt).

Step 4

Obtaining a divorce certificate completes the dissolution of the union at the registry office.

You can avoid several visits to the registry office by using the State Service portal. In this case, it is necessary:

  • Register now. Choose the last of the 3 possible forms of identification (simplified, standard, confirmed). For registration, you can receive a login and password by registered mail, personally drive up to Rostelecom or use an electronic signature.
  • Find on the portal applications for registering a divorce by using the "search" line.
  • Fill in the lines highlighted in red.
  • Upload scanned copies of documents: passports, SNILS, marriage certificate, court decision (if necessary).
  • Notification of the need to visit the registry office with the date and time will come by SMS or by mail.

Before visiting a government agency, you must pay a state fee.