Hospitals 

What documents are required for a divorce. Full package of documents for divorce

If there is a minor child in the family, this does not mean that his parents cannot dissolve their marriage. But in this case, the procedure will look somewhat different than in the absence of joint children under 18 years of age. You should consider what documents for divorce from a child need to be prepared, how the process of divorce 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, with the exception of the following situations:

  1. If one of the spouses is recognized as missing, is absent 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 get a divorce through the registry office, but you should 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 a state fee.

Divorce through the court

Before wondering where to file your divorce papers, there are a few things to consider. Firstly, if the child was born before marriage, and paternity was not established, then you can divorce through the registry office. Secondly, divorce through court occurs only between spouses who have common children. In this case, both parents can apply, by mutual consent, or one of them.

It is possible to file documents for divorce with a child in the magistrate's court, but only if there is no dispute between the spouses over who the children will be left with. If there are disagreements, then you should contact the district court.

Statement of claim

The list of documents for divorce is not so long:

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

Keep in mind that all documents need photocopies, and if there are no originals, they must be notarized.

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

  1. The 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 the 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 from the child have been submitted to the court, the judge considers within 3 days and sets the date and time of the court hearing. Both spouses will be notified of her by certified mail.

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

  1. Both sides of the trial are present at each session.
  2. Their decision to dissolve the marriage is mutual.
  3. There are no disputes over the division of jointly acquired property.

Otherwise, the court sessions will last quite a long time. It is more expedient for the spouses 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 a judge's decision in his favor.

You can provide 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 is the initiator of the dissolution of the marriage, and the other does not agree with this decision. Accordingly, the situation is aggravated, and the judicial procedure is delayed.

It is worth noting that there are cases when the spouse does not have a marriage certificate, but at the same time he wants to apply to the court. The question arises as to what documents are required for 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 must be borne in mind that if the spouses have not reached a consensus, then unpleasant moments may appear for the dissolution of their marriage. First, the judge will set a time limit for reconciliation - 3 months. Secondly, you will have to spend a lot of time and effort searching and collecting evidence that will help protect your own interests.

Who will the child stay with after divorce

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

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

  • the mother has no regular income;
  • there are living conditions unfavorable 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, relying on the attachment of each young citizen to one of the parents.

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

Child support

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

There are many nuances here. First, if the wife is on parental leave and he is under three years old, then her spouse will pay child support for her and his children. Secondly, if the spouse is not employed and, accordingly, he has no 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 is living with the plaintiff;
  • a certificate of the composition of the family;
  • written justification of the costs of maintaining a minor child.

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

Property division

Where to apply for divorce (with a child), if there is a disagreement on these issues, the magistrate's court decides in the framework of the divorce proceedings.

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

All property of the spouses is divided in a similar way, that is, taking into account the interests of minor children. The property that belongs to children cannot be divided, including the money left by their parents in bank accounts. By the way, you can file a lawsuit against the section only within three years after the divorce.

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 agreement to dissolve the marriage or wait for the child's first birthday. The wife's pregnancy can also lead to a refusal in court for divorce.

Divorce documents from a child less than one year old remain the same, but only the mother can act as a plaintiff.

Conclusion

Before deciding to divorce, you should think carefully about everything. First of all, you need to take into account 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 taken into account in the first place.

Divorce is a long and difficult process. It is not easy for every member of a disintegrating family to pass. But what does it take to get divorced? The most basic indicator is mutual desire, the ability to give a good reason and collect the necessary documents.

What documents are needed for a divorce?

Below is a list of documents that you will need in order to apply for a divorce at the registry office:

  • The divorce procedure begins with a visit to a state institution at the place of registration of one of their former spouses. At the registry office, you need to write an application in a special form (there is a form and a sample on the link). It is enough for at least one of the spouses to come. It must contain the personal data of those who are divorced. These include: place of residence, registration, citizenship, when and where the citizen was born. It is also necessary to indicate information about what surname will be assigned to the spouses after the divorce, the reason for the divorce and the date of submission of documents. The last step in writing the application is the signature of both spouses;
  • A prerequisite for divorce proceedings is the presence of a passport and a marriage registration certificate. In the application itself, you must also indicate the serial number of the last document;
  • You will need to pay the proposed fee in a certain amount and present a receipt to the registry office for its payment.

How to file for divorce?

In the registry office, a similar procedure is performed only if if the spouse and spouse agree to carry out this action, they have all the documents drawn up, there are no future heirs and legal issues to each other.

In this case, they need to pay at any bank duty , the amount of which for 2016 will be 600 rubles per person.

In order to start the divorce process, as mentioned above, you will need to write an application and provide photocopies of all required documents.

For reflection, the spouses are given one month, if during this time they do not change their minds to destroy their family, then they will be divorced. The registry office employees must issue them a certificate confirming the divorce. There is also a stamp in the passport, which will confirm that the marriage has been dissolved.

If you need to change your surname, you must write a statement about this in the residential complex at the place of registration. To do this, you also need to provide a certificate confirming that the marriage was dissolved, and a receipt for payment of the state duty.

If the perpetrators of the divorce have children who are not yet 18 years old, one of them does not want to get divorced or has any claims, then such a divorce is made only by court order.

How is property divided?

For a long time lived together, the spouses make purchases, take out loans for real estate, pay for them together, buy personal vehicles and other expensive things.

What becomes of all this after the divorce decision is made? The very first thing to do is to find documents for a certain property, which indicate date of this transaction... This is one of the most important points as needed. prove that it was actually purchased in or out of wedlock... If this was done earlier, then it is not subject to division after divorce.

Jointly acquired property is:

  • General financial savings;
  • Securities or deposits;
  • Real estate;
  • Transport;
  • Other expensive purchases.

The division of property consists of several stages:

  1. To avoid additional spending of funds on filing a statement of claim in court, you must independently find a compromise;
  2. If this did not work out, then it is required to file a claim with the husband or wife in court at the place of his registration. In the application, you must indicate information about what property is required to be divided and attach the necessary documents to it;
  3. Next, you need to wait for the court's decision.

Usually, property is divided between two people, who were once a unit of society, in equal shares. An exception is the case when it is issued for a child who at the time of the divorce is under 18 years of age.

In this case, it is wholly owned by that spouse, with who will the child live.

Unilateral divorce

It also happens that one of the spouses wants to divorce, but the second of them categorically refuses this procedure. This does not mean at all that now the husband and wife should be married. Divorce can be carried out unilaterally, but this procedure is also carried out through legal organizations.

One of the members of the disintegrating family must file a claim with the authority at the place of registration that he wants to end the existence of the marriage, without fail a reason is required, according to which he wants to do it.

According to the standard scheme, they are given a certain time for reconciliation, after which only the first trial takes place. In total, the second spouse must receive three summons to the court session, if he did not appear at them, then divorce proceedings are carried out without his consent.

However, representatives of the judicial authorities are also considering the issue and why he did not do this, if it turns out that he did not receive a notification, then the case can be reviewed.

If a spouse wants to divorce, but for some of them cannot come to the meeting, then it is enough for him to write that he agrees to the divorce or to ask in writing to postpone the date of consideration.

Dissolution of family relations unilaterally is one of the longest processes, which can last more than one year.

What if the spouse is incapacitated?

A spouse who has been declared legally incompetent cannot participate in the divorce proceedings. His interests in court will be represented by a third person, which can be a relative, close acquaintance or a legal entity. First of all, it is necessary to prove that the person is really incapacitated. To do this, you must submit to the court a certificate from the attending psychiatrist.

Who do the children stay with?

Usually, after a divorce, common kids remain with their mother, according to the documents, but there are exceptions. What is needed for a divorce in such a situation? Spouses must provide information about their residence and basic earnings. In some cases, a representative of a government organization determines with whom the child will live better.

Video: documents for divorce

In this video, lawyer Yulia Anakova will tell you what documents you need to apply for a divorce, give recommendations, describe the basic rules, and also tell you how this process can be accelerated and facilitated:

What conditions must be met and what documents to provide for divorce in the registry office? What are the restrictions when applying for the termination of family relations in the registry office? Is it possible to divorce unilaterally? Do I need to go to the state department after receiving a divorce decision? You will learn about all the important points of registering a divorce in the registry office from this article.

Divorce in the registry office: grounds

The legislation provides for two procedures for the termination of family relations:

  • in the organs - registry office;
  • in court.

Divorce is possible administratively under the combination of the following circumstances (Article 18 of the RF IC):

  • mutual consent of both spouses;
  • absence of children under 18 years of age, including those who are emancipated (recognized as adults);
  • agreement on the conditions for the division of joint property (clause 1 of article 19 of the RF IC).

The registry office dissolves the family union in the absence of a dispute on these issues. If the persons did not come to at least one of the reasons, then the situation is considered in the action in court.

In exceptional cases, state bodies can make a divorce at the request of one of the parties.

These include situations when the second spouse (clause 2 of article 19 of the RF IC):

  • recognized by the court as missing;
  • convicted of a grave crime and imprisoned for more than 3 years;
  • incapacitated by a court decision.

If a dispute arises with a spouse with a status belonging to one of the categories about children or property, then the situation is considered in court. The case is referred to action, regardless of the fact of termination of family relations, registered by the registry office (Article 20 of the RF IC).

It takes no more than 30 days for a divorce application to be processed. During this period, the former spouses are issued a divorce certificate at the registry office or in court (clause 3 of article 19 of the RF IC).

In families where the birth of a child is expected or there are children under the age of 1 year, there is a restriction on divorce. The husband does not have the right to apply for the termination of the marriage while the spouse is in the position and upon reaching the child 1 year old (Article 17 of the RF IC).


What documents are needed for a divorce in a registry office

Two spouses can jointly declare their desire to dissolve the family union. In the absence of disputes about the place of residence and the procedure for raising children, claims regarding joint property, the institution is provided with a package of documents:


Which registry office to contact for divorce

To break off family relations, the parties contact the registry office:

  • where the relationship was registered, or
  • at the place of registration of one of the spouses.

Individuals wishing to get a divorce can apply to a government agency both at the same time and on different days. In exceptional cases, it is allowed to send an application by registered mail or through another spouse. Documents are accepted by the registry office if they are certified:

  • in a notary office - if you have been in another relationship for a long time in another region of the Russian Federation;
  • in consular missions of the Russian Federation - when the second spouse is in permanent residence in another state;
  • by the head of the prison - if the person is in a correctional institution.

Personal failure to appear for filing an application for divorce is taken into account by the registry office only in valid cases:

  • Military service;
  • serious disease;
  • long business trip in remote areas;
  • being in hard-to-reach places, lack of transport links;
  • serving time in prison.

What documents for divorce in the registry office: the procedure for registration

In the application for divorce filed with the registry office, the following fields are filled in by hand by the applicant:

  • FULL NAME ;
  • date and place of their birth according to passport data;
  • citizenship and nationality;
  • series and number of the identity card;
  • data on registered early and divorced marriages;
  • place of registration (registration);
  • surnames left after divorce.

The marriage is officially terminated after the registration of the divorce at the registry office with the consent of the spouses. When a court decision is made - from the moment the act enters into force. On the fact of issuing a determination by the courts, data is transferred to the registry office. The creation of a new family union without obtaining a divorce certificate is prohibited (Article 25 of the RF IC).

In addition to the above documents, for filing for divorce, the original of the decision that has entered into legal force is transferred to the registry office. The courts are obliged to transfer information about the termination of marriage to state institutions on their own within 3 days after the expiration of the period for appeal (clause 2 of article 25 of the RF IC). If, due to bureaucratic delays, this did not happen, the interested party requests a third copy of the decision from the court registry to be sent to the registry office to register the termination of the marriage.

In case of divorce from a foreigner, you will need to go through the procedure for legalizing documents - affixing an apostille at a diplomatic mission abroad.

When deciding to break off the marriage relationship, the spouses are interested in how to make a divorce through the registry office.

The norms of family law enshrined a simplified procedure for passing this procedure, divorces only need to prepare the appropriate papers and file an application with the registration authority.

To implement the simplified procedure, certain grounds are needed, which are described in the UK. These include:

  • Divorce is carried out if the spouses do not have children under the age of 18.
  • If a court order has entered into force on recognizing one of the spouses as missing.
  • There is a court decision on the recognition of incapacity.
  • If a court sentence of imprisonment has entered into force (the term of imprisonment must exceed three years).

In the event of a controversial legal relationship during a divorce (about the future fate of joint children, payment of alimony funds), the spouses cannot avoid a lawsuit.

What documents are needed for a divorce through the registry office

The forms of the forms are approved by the Decree of the Government of the Russian Federation. Upon reaching a mutual agreement for a divorce, both spouses fill out Form No. 8. This application consists of the following information:

  • personal data of both spouses;
  • passport data of husband and wife;
  • details of the marriage certificate and the department that issued it;
  • date of filling out the application;
  • date and time of registration of divorce;
  • divorce marks (number and date);
  • an indication of the surnames that the ex-husband and wife retain after the dissolution of the marriage.

When contacting only a husband or wife, a form is filled in according to form No. 9. The application, in addition to the above data, contains an item on the grounds for terminating the marriage, which are court orders. The exact details of judicial acts are also indicated, which must be attached in the original.

In the first and second case, the application must be signed by the applicants or the applicant.

In addition to the completed application forms, the following papers must be submitted to the registration authority:

  • passport;
  • marriage certificate;
  • receipt of payment of state duty;
  • court orders.

Rules for submission of documents and terms of consideration

There is a rule in the legislation according to which, in order to carry out a divorce, it is necessary to apply to the registration authority located at their place of residence.

The application can be submitted both in person and through official electronic systems.

There is a Unified State Portal that provides such an opportunity. The application can be sent to the email address of this service, which provides public services to the population.

In the event of a mutual declaration of will for divorce, one of the spouses is not able to be directly present when the application is submitted, his consent is recorded in a separate document. The completed form from such a person must be certified by an employee of the notary office.

If a spouse is serving a sentence in a penal colony, he draws up such a statement, which does not require notarization. The consent to the termination of the marriage of such a spouse must be signed by the head of the IR ().

From the moment the application is received at the registry office, the authorized person must decide to terminate the marriage within a month. This period is necessary to collect and submit the missing documentation. Also, this period is needed for the spouses themselves, during which they can once again weigh their decision and make the final one. Therefore, the law gives spouses the right to withdraw the application.

Also, the authorized person of the registering authority must notify the acceptance of the application of the spouse who is in the IC, the guardians of the incapacitated spouse or the guardianship and trusteeship body.

In response to the notification, the spouse must inform about the surname that will remain with him after the divorce proceedings.

The timing is calculated according to the rules established by the norms of the Civil Code.

After accepting the application, the authorized person sets the date for registering the divorce. The basis for the termination of the marriage relationship is a statement by the spouses or a judicial act. Divorce registration can be carried out by the registry office at the place of residence or place of registration of marriage. Divorce through a proxy is not allowed.

The simplified divorce procedure does not provide for consideration of the circumstances that served as the basis for the divorce. An authorized employee of the registry office does not find out the reasons for divorce, does not question witnesses and does not require evidence.

After registering a divorce, an official document is drawn up - a certificate that is handed over to each of the spouses.

Divorce at the request of one of the spouses

You can also divorce your spouse without mutual consent.

It does not matter whether there are joint minor children or not.

However, for, you need the following reasons:

  1. A judicial act has been issued against the other spouse, according to which he was recognized as missing. Recognition of a citizen as such is carried out only during the trial and only on the grounds provided for by the Civil Code. To recognize a spouse as such, the other spouse can apply to the court at his place of residence. Cases of this category are considered with the participation of a prosecutor. As a result of the consideration, a court order is issued, which can be canceled only if the spouse appears or his location is found. And the marriage can be restored by the registration authority at the will of both spouses, if the other has not entered into a new marriage.
  2. The other spouse has been declared legally incompetent by a judicial act... The grounds for recognizing a spouse as incapable are also provided for by the norms of the Civil Code, and cases of this category are also considered by the court. Any adult family members, spouse, as well as a government agency or specialized organization can go to court. The result of the judicial process is a decision, which is the basis for establishing guardianship in relation to such a person and the appointment of a guardian, who is responsible for representing interests to third parties.
  3. Another spouse was convicted of a crime and the application of punishment to him in the form of serving a term in a penal colony for more than three years. If the spouse is sentenced to imprisonment for a long term (more than 3 years), this negatively affects the marriage and family relations, which are difficult to maintain in this situation. Therefore, the other spouse has the legal right to divorce unilaterally.

If, within the period established for the registration of a divorce, circumstances are established that do not give the right to terminate the marriage unilaterally, the divorce proceedings shall be carried out in accordance with the general procedure.

Any controversial issues arising from family relations (division of property, children), regardless of the existence of grounds (incapacity, unknown absence, conviction) are subject to consideration in court.

When is the best time to contact a lawyer?

The help of a lawyer in the divorce proceedings is not needed in all cases, since a divorce is not only a legal relationship between spouses, but also a psychological one.

If the parties come to a mutual agreement about the impossibility of keeping the family, and then together applied to the registration authority, in this situation the intervention of a qualified lawyer is not required.

The divorce process takes place without much legal red tape and moral worries.

According to the current legislation of 2018, divorce through the magistrates' court is carried out if the spouses have minor children and there are no property or other disputes.

Divorce through the magistrates' court is the most simplified procedure for spouses with children. A statement of claim for divorce is submitted to the court at the place of residence. The document indicates the reasons for going to court.

The following factors, specified in article 16 of the Family Code of the Russian Federation, can serve as grounds for divorce:

  • mutual consent of both spouses to terminate family relations;
  • the desire of one of the spouses to dissolve the official marriage;
  • a statement from the person who is the guardian of one of the spouses in the status of incapacity;
  • recognition by the judicial authorities of one of the missing spouses as deceased (in his absence for more than 5 years);
  • actual death of a wife or husband.

What is the procedure for divorce through court with children?

Divorce through the magistrates' court with children is carried out in stages. The sequence of actions in this process is as follows:

  • (statement of claim indicating the grounds for divorce and evidence, annexes to the statement, the list of which depends on the specific circumstances);
  • acceptance by the court of the claim for consideration, appointment of the date of the hearing of the case (no earlier than 30 calendar days after the filing of the claim);
  • holding a court session, at which the possibility of preserving the marriage is ascertained, the grounds for its dissolution are considered);
  • when all the issues of the parties are completely settled and there are no disputed claims between them, a court decision on divorce is issued;
  • in the absence of the consent of one of the parties to divorce, determination of an additional period for possible reconciliation of the spouses;
  • postponement of the meeting, if the defendant did not appear in court for the hearing of the case (two times postponement of the deadline is possible);
  • issuance of certificates of divorce.

After receiving the divorce document, the spouses have the right, if they wish, to file a claim for the division of property and the place of residence of the children, if there is no prior voluntary agreement on these issues. If the divorcing parties have agreed among themselves, an agreement is drawn up, which the court approves during the main hearing. Several points can be reflected in a court decision at once: the fact of divorce, payment of alimony for a minor child or an incapacitated former spouse, the place of residence of children after a divorce, the procedure for communicating with the child of a parent living separately, the division of common property and other issues.

The decision of the court is announced in the courtroom, where all the participants in the process are present. Within five days, the performers are obliged to prepare written forms of the decision for handing over to the interested parties.

Submission and execution of an application

Actions of the parties after the trial

After the divorce judgment has been read out, printed and handed over to the plaintiff and the defendant, the legal deadline for appeal comes into force. This period lasts for 30 days, during which the dissatisfied party can file an appeal with a higher court. In the event of such a complaint, the decision of the court comes into force after the issuance of a ruling on appeal. If no complaints have been received, after 30 days the decision on divorce becomes legally valid, and the spouses can apply to the registry office regarding registration of the fact of divorce. The state duty for obtaining a court decision is not paid.

To obtain a divorce certificate from the registry office, you must pay the state fee and submit a package of documents. It includes a marriage certificate, a payment receipt, a statement from one of the spouses or a general one, a copy of a court decision. After 30 days, the official divorce documents will be ready, and each party will be able to receive their own copy.

How long does it take to divorce children?

The duration of the process depends on what requirements are set out in the text of the statement of claim, whether there is consent of both parties to dissolve the marriage. The legislation of 2018 defines clear periods for the holding of court sessions, but the exact timing may vary depending on various factors related to questions about the place of residence of children after a divorce and property disputes. One month - the period between the filing of the application until the first hearing, 3 months - postponement of the hearing due to the defendant's failure to appear or disagreement with the divorce, 6 months - extension of the term due to disagreements on property or other disputes.

To speed up the completion of the case, it is advisable to entrust the support of the procedure to an experienced lawyer. An appeal to a magistrate's court assumes that there are no obstacles to making a decision after the first hearing.