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What reasons should be included in the claim? Reasons for divorce in a statement of claim for divorce: what to indicate

Divorce is one of the most painful legal processes. If a husband and wife mutually decide on a divorce without having children, then the dissolution of the union is registered in the registry office.

If the marriage breaks up by mutual agreement of the spouses, without disputes over the place of raising children and the division of material values, then the family union is terminated by a justice of the peace.

Divorces accompanied by disputes and claims are resolved in city and district courts. In this case, the applicant must submit

Sometimes spouses, when filing for divorce, cannot clearly indicate the reason for the dissolution of the marriage, and yet it must be indicated in the statement of claim without fail. For the judge, the explanation “I don’t feel a feeling of love” will not become an argument for terminating the union. Therefore, it is worthwhile to understand what reasons for divorce in the statement of claim can take place and can be considered as legal

The main point in drawing up a claim to break the union is its reason. It is it that must be formulated in such a way that the motive is sufficient for the court to make a positive decision.

The law takes into account any arguments due to which the ex-husband and wife want to terminate family relations. It should be borne in mind that the court will carefully study them, since the dissolution of the marriage will directly affect the future life of the joint child and the rights to own property.

Often, the court, based on the requirements of the Family Code, gives the spouses the opportunity to think for 3 months. If reconciliation does not occur during this period of time, then the divorce procedure will end in the termination of family relations.

In situations where the marriage is dissolved by the consent of the two parties for a domestic reason, the reason for the divorce will not play a big role, so the reason may not be indicated. In all other cases, the grounds for divorce will be “under the gun”.

The law provides for several grounds for (i.e.). These are situations where:

  • one of the spouses is imprisoned for three or more years;
  • one of the spouses is missing;
  • one of the spouses became incapacitated.

Based on these factors, a marriage with young children can be terminated both by a court decision and

What are the most compelling arguments in divorce law practice? This is:

  1. Personal arguments.

Personal motives include both the loss of love for a partner and the appearance of a feeling of hatred. In this case, it may seem that the grounds for divorce are emotional and frivolous, but this is not so. The rules of the Family Code to a certain extent indicate that a family can only be built on love, mutual respect and mutual assistance.

  1. household arguments.

The following factors can be identified as domestic reasons indicated in the claim:

  • one of the parties is dependent on alcohol or drugs;
  • there is physical and mental violence in the relationship;
  • spouse does not take part in solving household issues;
  • one of the spouses refuses to help in domestic matters;
  • spouse does not participate in the upbringing of the child;
  • one of the parties does not show interest in family communication.

When the reason for the divorce is drug addiction or alcoholism, then the court will need a confirming certificate from the drug dispensary. If the argument for divorce is physical violence, you will need a protocol from the police station and a certificate from a medical institution confirming the fact of beating.

  1. material reasons.

Material causes include facts that have arisen due to such circumstances:

  • the family does not have its own living space;
  • against the background of living together with parents, there are constant conflicts;
  • one of the spouses does not want to work, so there are financial difficulties.
  1. Sexual reasons.
  • treason;
  • sexual incompatibility (dissatisfaction).

It is not recommended to indicate such arguments in the application, since they are not provided for by the norms of the Family Code and, accordingly, cannot be an argument for divorce. In addition, for reasons of moral ethics, matters of an intimate nature should not penetrate into the public environment.

Therefore, in the statement of claim, arguments relating to sex are written in the form of a general formulation.

Divorce procedure and the right to privacy

Legal practice knows cases when the sexual reasons for divorce are discussed in detail in court. These may be facts of sexual violence, perversions or other details of intimate relationships between spouses.

In such cases, in order to prevent information of an intimate nature from entering the discussion of the public, a petition is filed with the court with a request to hold the court session behind closed doors.

In order to have a common vision of how to correctly formulate the reasons for the dissolution of a marriage, we will give an example of frequently used formulations.

The standard reasons for divorce in a divorce petition usually look like this:

  • “the preservation of family life has become impossible due to the loss of love and mutual respect”;
  • “the mutual decision to divorce was made on the basis of the fading of feelings of respect and love”;
  • "life together has become unbearable because of different characters, different attitudes to life and unwillingness to tolerate each other."

How can a woman formulate the reasons for the breakup of family relations in a statement?

For example, consider the most common causes:

  • “I consider the preservation of the family impossible because of my husband’s addiction to alcoholism, which jeopardizes the proper upbringing of children.”
  • “My husband loves to gamble and often abuses alcohol, which leads to regular conflicts and violence against children and me. In such conditions, I consider it dangerous to maintain family relationships, from which my health and children may suffer.
  • “My husband is constantly cheating and does not try to hide it, for this reason I consider our cohabitation meaningless and impossible.”
  • “The husband does not work and does not want to get a job. The unwillingness to jointly support and raise a child makes it impossible to preserve the family.

How can a husband formulate the reasons for the breakup of family relations in a statement?

Consider examples of how such statements are formulated:

  • “The wife was noticed several times in treason and constantly shows rampant behavior, comes home late, lingering in unknown places. Such circumstances do not allow the continuation of family relations”;
  • “I think it is pointless to continue living together, since the wife does not want to do housework, does not work and does not want to work. I regard this behavior as a loss of love and mutual respect, so I see no reason to keep the marriage union.
  • “I have the fact of my wife's infidelity, which she did not even try to justify. I consider it necessary to end the marriage."

Each family may have its own individual reasons for divorce, so all of them cannot be inscribed within the law. When it is impossible to improve family relations and there is no longer a path to a cloudless past, the statement of claim should reflect the reasons for the dissolution of the marriage in a balanced and deliberate manner. During divorce proceedings, it is not emotions that are important, but cold thinking. Therefore, declare your desire to divorce without emotions. Argument your decision correctly and start from the legal basis.

They are determined by incompatibility in character and views, psychological and practical unwillingness to live together, adultery, health problems, addiction, violence, domestic disorder and material difficulties. Every reason forces a married couple to file for divorce.

Taking into account the circumstances under which it occurs, the statement of claim may or may not indicate the reason for the divorce:

  1. If a married couple agrees to break up the relationship and submits an application to the registry office by common agreement, the accompanying reasons may not be indicated.
  2. If the spouse refuses to divorce, the claim must contain a reason that forces one of the partners to apply for a divorce in court. Based on these data, the judge assesses the likelihood of family reconciliation, sets a time limit for this process, preliminarily determines the place of residence of the minor child and questions regarding joint property.

The law does not list every possible reason for divorce. The plaintiff must himself correctly formulate the problem and inform the court of the impossibility of solving it in any other way than breaking up the marital relationship. Judicial practice defines several subtypes of reasons for explanation in the application.

Personal reason

The personal reasons for breaking up relationships include emotional prerequisites: feelings are cooled, affection is lost, respect and trust are lost, and hostility towards each other appears. These reasons for divorce in the statement of claim are not serious enough, but the court makes a positive decision, since chapter 1 of the Family Code reads:

"... family relations are built on feelings of respect and mutual love, responsibility and mutual assistance ..."

As the reason for starting the divorce proceedings, the lawsuit writes: “The feelings of mutual respect and love that serve as the basis for building a family were lost. Therefore, further family life is considered impossible, ”such an explanation is also possible“ There is a feeling of hostility towards each other, which can be considered an obstacle to the safety of the family.

household reasons

This subspecies includes psychological prerequisites and health status: dependence of one of the spouses, psychological and physical violence against a child or spouse, refusal to manage the household and lack of assistance in domestic problems, there is no interest in family communication and raising children.

If such circumstances take place in family life, the reason for divorce in the lawsuit is formulated as follows: “Further family life is considered impossible, since the spouse suffers from an addiction to alcohol. Alcoholism not only puts the family in a financial predicament, but also creates an extremely psychologically tense situation in the family - violence is used against the wife and children, scandals are arranged, and the upbringing of children is negatively affected.

As the main reason for the divorce, indicating the alcoholism of one of the spouses, it is necessary to attach a certificate from the psycho-neurological dispensary on the treatment of the partner, the testimony of witnesses.

If the main reason for the official breakup is beatings, a certificate of receipt of calls from the police, a protocol drawn up and the application of measures of administrative responsibility should be attached, in addition to this, supplemented by acts on the removal of beatings from a medical examination.

material reasons

Having rented accommodation rather than owning one, and living together with parents leads to many family quarrels. And if material difficulties appeared with this - unemployment or a long-term unwillingness to look for work, lack of funds, high financial costs, a full-fledged family life will be in jeopardy.

The material reason for divorce can be formulated as follows: “The spouse has lost his job and refuses to look for work. He is not only unable to provide for his family, but also put her in a difficult financial situation. Saving a marriage is considered impossible.”

Reasons for intimacy

Other reasons for divorce are also indicated in the statement of claim. This includes adultery and infidelity, intimate disharmony, dissatisfaction with intimate life. In this case, there is no need to describe in detail the problems in family life.

Firstly, family law does not regulate such relations between spouses, the court cannot formulate the motivational part of the decision of the divorce process.

Thirdly, for reasons of morality, the details of an intimate married life should not be disclosed. At the same time, a public claim of a sexual nature can offend and injure a spouse.

Instead of a direct indication in the statement of claim of the juicy reasons for the divorce, they are limited to a general wording.

Privacy in divorce proceedings

In some cases, it is impossible to avoid a detailed discussion of the personal life of the spouses (for example, if one of the spouses is an adherent of a different nature of perversion or has a tendency to sexual violence). Understanding the miracle may also relate to other features of the personal life of partners.

In such a case, the parties to the divorce proceedings must file a motion for a closed hearing. Such a measure avoids the presence of unauthorized persons and prevents the spread of information about the case, thereby protecting the inviolable privacy of the spouses.

The inevitability of an official break in relations is caused by a whole range of reasons related to each other. The plaintiff must unravel the tangle of emotions, grievances and claims, highlight the main reason for the divorce process, and then state it impartially and reasonably in the application so that the court has no doubts about the preservation of the family.

Divorce is a bitter word for any family that has fallen apart. According to statistics in recent years, the number of divorces has increased dramatically, due to many reasons. According to surveys, the main reasons for divorce are treason, alcoholism (drug addiction) of one of the spouses (often the husband), the housing problem, lack of normal living conditions, poverty, and infertility of one of the spouses. But the wording “they didn’t agree on the characters,” which was often used during divorces in the Soviet period, today people rarely indicate.

In our time, the very concept of the value, sacredness and inviolability of family ties has faded into the background, the new generation is frivolous about marriage and family relationships. Early marriages occupy the largest percentage in the structure of divorces. This is due to the fact that immature and infantile people enter into marriage, who have a low spiritual and social level and consider sex to be the main basis of family relations. In addition, the roles of men and women in marriage have changed significantly, today women perform most of the male duties.

Very often, divorce is the only and necessary solution when the relationship between spouses did not take place (misunderstanding between spouses, psychological characteristics of the second half). In most cases, divorce is initiated by young women, because they want to have a beloved, loving and devoted man next to them, and also to create another family. However, not every woman succeeds in achieving this goal, because, as practice shows, after a divorce, a woman most often remains alone and raises a child.

Adultery or adultery is one of the most common causes of divorce worldwide. Cheating affects the most important of marital feelings - love, which is a significant motive for marriage and creating a family. Cheating testifies to various contradictions, conflicts and disharmony between spouses. The betrayal of one of the spouses is a fairly common phenomenon, and can be observed even in families with prosperous and stable relationships, not to mention problematic ones. Very often, betrayal is a common reason for the dissolution of "early" marriages, when both spouses are very frivolous and do not fully understand the value of the concept of a family. Fidelity in marital relations largely depends on the behavior of spouses before marriage: according to statistics, men and women who have had sexual intercourse before marriage are much easier to violate the vow of marital fidelity. This is explained by the fact that early sexual intercourse is based in most cases not on love, which further reduces the sense of duty and obligation towards another partner.

Practice shows that adultery makes a person understand and realize that there was love in the family. Very often, men, not finding what they were looking for in a random partner, begin to appreciate their wives more. Unfaithful wives after casual sexual intercourse, in most cases, do not experience anything but remorse and disappointment. A spouse who has betrayed family relationships begins to understand that he has betrayed a close and beloved person, and in the future he will treat the family hearth with great trepidation, trying to save it with all his might. However, it is very difficult to forgive or forget the betrayal of a loved one, as practice shows. Despite the long years lived together, the memories of the betrayal of the spouse retain resentment and bitterness throughout life. Infidelity, betrayal destroy the family. And it doesn't matter who changed. Whether or not to forgive the offense caused by betrayal depends on the person, the strength of his feelings for his spouse.

It is impossible to say unequivocally that treason is the lot of deeply immoral people. If quarrels, scandals, jealousy, suspicions constantly arise in the family, there is no kindness, understanding and sympathy, then, in the end, this will lead to the fact that one of the spouses will subconsciously begin to look for a person who will understand and respect the personality in him .

The main reasons for adultery are new love, the desire to take revenge on the spouse for infidelity, the lack of reciprocity in marital relations, the desire for new love experiences, the unviability of the family, casual relationships, and some others. Sometimes in marriage it is better to remain silent and not tell your spouse about your fleeting infatuation or physical infidelity. This could save the family. Some spouses, ashamed of their act, in an effort to confess, can inflict severe trauma on their soulmate, from which she can lose mental balance for a very long period of time. The memory of betrayal will, like a splinter, cause unbearable pain.

It should be noted that adultery is a severe test for any marital union. Anyone who treats her easily and indifferently is hardly capable of a deep feeling. The betrayal that occurs against the backdrop of conflicts in the family is natural. In any case, before drawing final conclusions, you should carefully understand the situation. If a person admits that he made a mistake, you need to learn to forgive. Although not everyone can forgive this.

Recently, the number of divorces has increased due to the rudeness of the spouse, psychological incompatibility, alcoholism or drug addiction. Quite often, the cause of divorce is called marital boredom. The time of the first love and the time of "joint grinding" is behind, the spouses have family peace, and they begin to live according to the established algorithm. For the first five or six years of their life together, the spouses have well studied and accepted each other's advantages and disadvantages, they no longer expect any surprises from each other. They have everything scheduled by the hour: work, children, Sunday sex ... It is not surprising that over time, the spouses move away from each other. As a rule, the husband's inattention is acutely felt by the wife, especially if she sits at home and does not work. An incomplete education or a missed career opportunity causes a woman to resent her husband, because she sacrificed so much for him ... the husband is not interested in his wife's problems, because he has enough of his own. As a result, family relationships begin to burst at the seams. The husband fully devotes his time to work, even on weekends. And a woman, tired of indifference and lack of communication, gets a lover. When spouses feel good together, no one ever looks “on the side”.

In general, if your life consists of a series of the same events that repeat every day, you should be wary. How much time do you spend together? Are you aware of his or her experiences and anxieties? Are you able to help when the other half is bad? Maybe you should change something in family life, make it more pleasant and varied? However, both spouses should want this. Spouses should realize that it is necessary to dilute their gray everyday life, for example, with the help of romance. Stay alone at least once a week so that neither children, nor relatives, nor acquaintances interfere. You can repeat the honeymoon to refresh the marital relationship. In general, a woman can do a lot to restore relationships. Even just compliment a man, praise him, and not only at home, support his self-esteem and self-confidence in every possible way, admire him, arrange unexpected surprises and give a "romantic" trifle. All these tips can also be applied to men: admire your beloved, make compliments, do not hesitate to express your feelings.

So that your family relationships do not suffer banal boredom, never bring trouble home at work, do not sort things out in the bedroom, do not treat sex as an unpleasant duty. The basis of family happiness and prosperity is love, mutual understanding, trust, tenderness, passion. Equally important is the well-being and health of the spouses. It is very important to share sorrows and joys for two, to overcome life's difficulties together.

Very often, dissatisfaction with intimate life becomes the cause of divorce. When people build relationships in the absence of mutual attraction, without the joy of physical intimacy with this person, such relationships will sooner or later end in divorce. However, it also happens that problems in intimate relationships are not pronounced, and, nevertheless, even they are undesirable in family life, since a feeling of vague dissatisfaction contributes to irritation, depression, and lack of joy. Meanwhile, happiness cannot be built on sexual relationships alone. For complete satisfaction, you also need such things as understanding, affection, confidence in a partner, respect, etc. Passion in the absence of sincere feeling is just a physiological act that does not have any attraction.

Another serious test of family relationships is the period of expectation and the birth of a child, especially if he is "restless" at the same time. A fairly large percentage of divorces falls on families in the first year after the birth of a baby, and the husband is the initiator of the divorce. During this period, the man fades into the background. Very often, young dads make the same mistake, putting all the responsibility of caring for a child on their wife. The wife practically does not have enough time for the house and for himself, since she devotes all her time to the baby. As a result, discomfort inevitably appears in the family, a man feels deprived, unnecessary, unloved. In this case, a tired, sleepy spouse may not react to the husband’s claims in the way that a man would like. And all this is repeated from day to day. As a result, the man sees divorce as the only way out of this situation. After all, then complete freedom will come, there are no obligations, screams, there is only one. In this situation, you should not blame only the spouse. Both spouses must take care of the newborn.

Alcoholism and drug addiction of one of the spouses (in most cases men) very often cause family breakup. These defects must be treated. It is very important only at the initial stage, when a person is just embarking on a dangerous path, to help him solve the problem. During this period, trust and understanding from the second half are very important. At the beginning of the development of the disease, treatment gives more effective indicators.

The housing issue is rightfully one of the most common reasons for the breakup of a family. At the stage of falling in love, it seems to everyone that with a loved one and paradise in a hut. Nevertheless, the lack of own housing, living with parents sooner or later lead to quarrels, conflicts and scandals, and as a result, divorce. Now, to solve this issue, there is mortgage lending, which in many cases is a salvation for a young family.

Poverty, the impossibility or inability of a man to provide the family with everything necessary become private reasons for the breakdown of family relations. Because of the constant need, a woman often begins to have claims against her husband, whose self-esteem begins to suffer. A woman either starts working herself and brings in more money, or finds a reliable person who can provide for her and her children. As a result, the family breaks up. The lack of money may be due to the inability of the spouses to plan the budget or their different views on the expenditure of funds for certain needs. In this case, the spouses should immediately stipulate the amount that they will spend, and how much they will save, or whether they will even try to save. Regardless of the reason for the divorce, it is important to talk with your spouse about topics that concern you, to resolve conflicts peacefully. Now there are many opportunities to earn good money and provide for the family. It is important to approach the solution of the problem together, and not to shift the blame on one of the spouses.

The rupture of family relations can arise on the basis of the loss of love for a spouse. According to psychologists, after a year or two of love relationships, passion begins to subside. In a woman, it smoothly flows into affection and respect, and a man longs for new acute experiences. That is why most often in this situation, men file for divorce. What to do in this situation? Try to refresh feelings, look for ways to renew relationships. Perhaps a change of scenery should be made.

An equally important reason for divorce is the unwillingness or inability of one of the spouses to have children. Frequent family scandals, initiated in most cases by women, force a man to look for a calmer person, as his wife's tantrums and nervousness become simply unbearable. In this case, if a woman wants to save her marriage, she should pacify her ardor, learn to control her emotions.

Selfishness, unwillingness to listen and hear a partner, inability to compromise and forgive are also a frequent motive for the breakup of a family.

Guest marriage or long-term residence of the spouses separately due to forced business trips, official duties, or at the mutual desire of the spouses to extend the love phase of the relationship. However, most often such marriages end in a rupture of family relations.

There are a lot of reasons for the breakup of a family, it all depends on the person and his psychology. The main thing is to hear the first alarm bells in time and try to eliminate them.

And finally, I would like to note that, according to psychologists, a man on a subconscious level marries a woman who looks like his mother. Therefore, just in case, it is worth adopting some positive qualities of the future mother-in-law. However, if the mother-in-law's personal life failed and she alone raised your lover, then it is better not to do this, because, according to statistics, men divorce twice as often if they were raised by single mothers.

Dissolution of marriage or divorce is an extremely painful procedure. If the husband and wife together came to the decision to leave and they do not have children under 18 years old, then the divorce procedure is carried out by the authority one month after the filing of the application.

It is somewhat more difficult to dissolve a marriage in the presence of minor children. But if the spouses do not have material claims against each other and if they agree on the place of residence and the upbringing of offspring, the divorce process is implemented with the help of a world court.

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Unfortunately, very often divorce is accompanied by various complications, when divorce is impossible without the help of the law. In this case, the procedure for dissolution of the marriage union takes place in the district or city court. In this case, the plaintiff must write statement of claim.

Reasons for divorce in a lawsuit

You can download the claim form here.

The petition for divorce reads:

  • when one of the spouses is against divorce;
  • if the spouse refuses to divorce. For example, refuses to write an application for divorce;
  • spouses cannot agree on the upbringing of children, their place of residence and material support.

In this case, the document must indicate the reason why it is necessary to terminate the marriage from the point of view of the plaintiff so that the court can objectively consider the situation for the most optimal resolution.

The petition for divorce is regulated Article 131 Code of Civil Procedure of the Russian Federation. It is submitted at the place of official registration of the defendant (not the plaintiff).

Failure to comply with the rules when filling out a statement of claim in accordance with the above article may serve as a basis for the judge to reject consideration of the issue of divorce of the matrimonial union.

The reasons for divorce are not regulated by the laws of the Russian Federation. They are next.

personal property

These reasons include the loss of love and attraction to the spouse, the appearance of hostility. According to the principles set out in Chapter 1 of the Family Code marriage should be based on mutual love, trust and respect. Therefore, the loss of these feelings can serve as a sufficient reason for dissolution of marriage for a judge.

household

These reasons include bad habits of the spouse, such as drunkenness, drug addiction, gambling addiction, etc. It also includes domestic violence and intentional abuse of the spouse.

When domestic causes are indicated in the statement of claim, they must be documented by certificates from the police about the call and medical certificates about the removal of beatings.

When indicating alcoholism or drug addiction as the cause, a certificate from the narcological clinic stating that the spouse is registered there must be attached to the statement of claim.

material nature

Reasons of this kind include the lack of own housing and, as a result, cohabitation with parents, as well as insufficient earnings or parasitism of the family breadwinner, especially when there are minor children.

Intimate

Sexual incompatibility is often the cause of divorce, but lawyers do not recommend indicating it in the statement of claim. Examining a couple's intimate life in open court can damage the couple's mental health and reputation.

If it is impossible to hide such reasons (for example, in the case of sexual perversion with bodily harm), then the plaintiff should write application for a request to hold closed court hearings in connection with the preservation of the secrecy of personal life.

Violation of the marriage vow, or treason

Grounds for divorce for the court

According to article 22 of the Family Code of the Russian Federation, the court terminates the marriage union upon recognition of the fact that it is impossible to preserve the family. Therefore, in the statement of claim it is very important to write a reason that the judge considers convincing.

Official reasons for divorce

  • One of the most common reasons indicated in the statement of claim is psychological incompatibility or dissimilarity of characters. This includes the loss of love, respect and trust. In the absence of minor children, the judge will consider this reason sufficient for divorce, according to Art. 1 of the Family Code of the Russian Federation.
  • Alcoholism, drug addiction and abuse are also grounds for divorce, but in this case, these facts must be must be documented with certificates from the police and the narcological dispensary. If the plaintiff does not have the opportunity to obtain documents proving the inappropriate behavior of the spouse, then it is better not to indicate these reasons.
  • Separate housekeeping and the creation of a second family. This is a very convincing reason, but it must be confirmed by two adult witnesses at the hearing.

If there are children in the family

If the family has under 18 years old, the court may consider the personal reasons insufficient for divorce, and delay the decision. Therefore, in this case it is better to indicate the reasons of a material and domestic nature.

For example: insufficient income of the breadwinner, his excessive spending on personal needs, unwillingness to work, parasitism; the spouse's lack of participation in the upbringing of children, including the refusal to provide them with material support.

According to Art. 89 of the Family Code of the Russian Federation, husband and wife should provide material support to each other, including in the upbringing of offspring. Therefore, the court may consider this reason sufficiently convincing for a divorce.

Bad habits of a spouse are also a strong argument in favor of divorce, but they must be documented.

The most common reasons for divorce

Many causes of serious family disagreements leading to the destruction of the family are interconnected. However, sociologists, in collaboration with family psychologists, have identified the following:

  • Infidelity, that is, adultery.
  • Violation of the marriage vow, especially if the other spouse is in a difficult situation (for example, the wife is expecting a child, is in the hospital, or one of the spouses is sick, is on a long business trip) undermines trust and leads to a cooling of love between husband and wife.
  • Financial difficulties, that is, simply poverty.
  • Lack of own housing. In this case, a young family can live with their parents, which does not have the best effect on relationships, or rent an apartment, which has a deplorable effect on the budget.
  • Bad habits of one of the spouses. This includes not only drunkenness, alcoholism and household, but also immoderate squandering, addiction to gambling, obsession with personal interests and hobbies.
  • Sexual incompatibility.
  • Lack of common goals in life.
  • Psychological illiteracy, that is, the inability to behave in conflict situations, and the unwillingness to understand one's half.
  • Infertility of one of the spouses.

Good Reasons to Divorce Your Husband

The most compelling reason for divorcing a spouse is a real threat to the physical and psychological health of the wife and children. This can happen if the husband:

In such cases, a woman with children needs protection from the law. If a husband threatens his health and the health of his children, you need to call the police and document this call. If violence has already taken place, then the beating must be witnessed by a traumatologist at a polyclinic at the place of residence.

What to specify when dissolving a marriage with the appointment of alimony to one of the spouses?

In this case, you can specify any reason, including a material one. The main thing is to attach to the statement of claim a copy of the birth certificate of the child, certified by a notary.

Alimony for minor children is assigned to the parent with whom they remain to live.

IMPORTANT! From June 1, 2016, each decision on the establishment of child support will be issued exclusively as an application for the issuance of a court order for the appointment of alimony. See Federal Law No. 45-F3 of March 2, 2016.

In case of violation of the clauses of the marriage contract

The contract concluded by the spouses, according to Art. 40 of the Family Code of the Russian Federation regulates exclusively property relations both in an existing marriage and in the event of its dissolution.

Violation of such an agreement is considered a breach of obligation and is governed by Art. 25 of the Civil Code of the Russian Federation, as well as Art. 4 of the Family Code of the Russian Federation.

According to these laws, the violation of the marriage contract cannot be the reason for the dissolution of the marriage, since it does not contradict the essence of relations in the family.

How to write a reason for divorce?

The main thing when indicating the reason for the divorce in the statement of claim is to release the main thing from grievances and claims and calmly, without emotions, formulate it in a few general phrases.

Of course, when formulating the reason, it is not necessary to forget about the main goal: to dissolve the marriage with minimal material and psychological costs, as quickly and efficiently as possible.

Reasons for divorce - examples

Personal reasons should be formulated emphasizing the loss of shared love, respect and trust. For example:“I lost respect and love for my husband. For this reason, I consider it impossible to save the marriage.”

Or another example:“I dislike my wife. I don't trust her anymore. In this regard, the continuation of marital relations is considered impossible.

Domestic reasons also need to be described as concisely and dryly as possible. For example:“I consider it necessary to dissolve the marriage due to the fact that my husband is a drug addict.”

Or “Husband is an alcoholic, prone to domestic violence. Therefore, I consider the preservation of the marriage union impossible.

If you need to indicate a material reason as the reason for the divorce, then in the statement of claim it is advisable to justify your decision a little: “My husband does not financially support me and our child, which makes the family poor. In this regard, I consider the preservation of marriage impossible.

Or another example:“My husband refuses to work and financially support the family, which puts me in a plight. In this regard, I consider the continuation of marital relations impossible.

It is worth noting that in a statement of claim for divorce, you should not indicate the reasons for an intimate and sexual nature without sufficient grounds. This will complicate the work of the court, which will lead to difficulties in obtaining a divorce.

Popular truth says that marriages are made in heaven. But each person can make a mistake in his choice. Therefore, a timely divorce for many can be a salvation and the beginning of a new happy life. The main thing is to do it correctly and effectively.

The wedding script is about the same for all happy couples.

You can't say the same about divorce proceedings.

Former spouses cannot even explain the separation to themselves, but it must be indicated in. And for the court there is no argument "passed love." How to file a lawsuit without emotions according to the letter of the law?

In the application for divorce, the plaintiff must state the reason for his decision in such a wording that the court accepts and considers his motive sufficient.

The law allows you to specify any circumstances in which the marriage union can no longer continue.

Any reason is considered by the court in a legal plane, because the process divorce directly affects the interests of the joint (if any) and the property rights of all parties. Therefore, the banal "could not get along" will be carefully considered by the judge from a legal position.

The judge is not a family psychologist, but is obliged to comply with the Family Code of the Russian Federation, which prescribes to give the spouses time to build relationships - no more than three months. If during this time reconciliation does not happen, the divorce process will continue and end with the dissolution of the marriage.

By and large, the reasons for divorce do not affect the course of the court case if they are related to everyday life. If the spouses have made a common decision to “put an end to” family life, the reason may not be indicated. Otherwise, the plaintiff is obliged to tell the court about the “pain”.

The law allows without the consent of the defendant in the following cases (SC Art. 19):

  • one of the spouses was sentenced to serving a prison sentence for more than 3 years;
  • one of the spouses was declared missing in a court of law;
  • one of the spouses is declared incompetent.

Each of the above facts can serve as a basis for divorce without clarifying other reasons.

The union can be terminated even if there are joint young children.

Regardless of the reasons, a divorce is formalized by making an appropriate entry in the book by the registry office specialists or by a court decision.

Reasons for divorce in lawsuits

The legal practice of divorce proceedings shows that a number of circumstances can be considered the most convincing reasons for the breakup of family unions.

Personal motives

Under the "personal" reasons, many things can be hidden - from the fading of feelings to the appearance of hatred. The Family Code of the Russian Federation (Article 1) clearly states that the family is built on mutual feelings and love. In case of loss of such an attitude towards each other, the claim can refer to this wording and indicate "the spouses have lost mutual love, which was the reason for the family union."

If only one of the spouses insists on a divorce, the plaintiff changes the wording - “I believe that further preservation is not possible, since I have lost the feeling of love for my partner.” Given the circumstances and norms of the UK, divorce will be recognized as the only possible way out.

If a real war broke out between the spouses in the literal sense, there is no need to hide your emotions.

The statement can indicate "the preservation of the marriage is impossible because of my hostile attitude towards the partner."

These are the most common formulations related to personal reasons. The main thing is to openly declare your emotions and the true reasons for the breakup of the family.

Is it worth it to disclose the fact of treason

The most common true cause of divorce is marital infidelity. In this case, the divorce process becomes painful and emotionally difficult. It is difficult to admit that your significant other has gone on deceit. Some lovers turn a blind eye to this, others break off relations.

Not every person is able to voice such a delicate reason for divorce because of a sense of shame and annoyance. Therefore, many hide it behind the generally accepted wording “I consider it impossible to continue living together.”

If there are no emotional obstacles to indicating the true reason, the reason sounds like this - “preservation of the family is impossible, since the partner has not remained faithful.

If the spouses have concluded, which considers compensation for adultery, the reason will have to be voiced.

It is worth remembering that emotions have no place in the legal process, they are not reflected in official documents. Therefore, it is necessary to observe a dry style of presentation of acts without an emotional color. But in the courtroom, on the contrary, it would be useful to speak out about the sore.

intimate question

Sexual dissatisfaction is a problem for many couples, and some of them even get divorced for this reason.

Family lawyers advise in such cases not to indicate the true motive, since the Family Code of the Russian Federation does not consider the sexual life of spouses. It speaks only of mutual love, loyalty and respect. Yes, and to make such an intimate issue for general discussion is not worth it.

It turns out that the sexual side of marital relations has no legal background. Therefore, it will not be possible to formulate a claim objectively in a lawsuit. There will be no compelling motive for the trial.

Iceberg life

Life includes many aspects:

  • gambling addiction;
  • addiction;
  • psychological illnesses;
  • debauchery in;
  • evasion from the upbringing and maintenance of children.

Domestic violence and alcoholism are linked. In such cases, divorce is the only way out.

In the legal plane, they are reflected in the plaintiff's specific wording, for example, "preservation of the family is impossible because of the partner's alcoholism, which leads to conflicts and material problems."

If the claim cites the fact of beatings, you must attach a certificate from the police and. It would be useful to have a document stating that the partner is registered with a narcologist.

In any case, it is necessary to indicate the true reason and provide evidence of the state of the second half.

Financial difficulties

The reason for divorce may be the inability of one of the spouses to provide for the family. If one family member lives at the expense of another and there are no objective reasons for this, this is called social “parasitism”.

In this case, the reason in the claim is indicated without concealment - "preservation of the family is not possible, because the spouse puts the family in a difficult financial situation."

It can also be associated with various types of addiction, when a person “takes out” everything from home. It must also be pointed out that minor children do not receive the necessary maintenance.

How to correctly formulate the reason?

A well-formulated motive should convey the whole meaning of the problem that has developed in the family, which can only be resolved by divorce. Let us give an example of some reasons and their reflection in the plaintiff's statement of claim.

Causes Formulation in the application
PERSONAL
Treason “I consider the behavior of a partner to be immoral and detrimental to family relationships. I consider further cohabitation impossible.

“The preservation of the family is impossible, since the partner has violated the oath of allegiance. This is contrary to the UK that marriage is built on mutual respect.”
Fading feelings “I believe that further preservation is not possible, since I have lost the feeling of love for my partner.”
Different views on parenting “Me and my partner have different approaches to parenting. I think that further cohabitation will negatively affect the development of children.
HOUSEHOLD
Alcoholism "The preservation of the family is impossible because of the partner's alcoholism, which leads to conflicts and material problems."
Addiction “Saving the family is impossible because of the constant drug use by the partner, which leads to outbreaks of aggression towards me and the children.”
gambling addiction “Saving the family is impossible because of the gambling addiction of the partner. This leads to conflicts and financial problems in the family.”
family brawl “My husband constantly uses physical violence against me and the children. The psychological situation in the family harms the full development of children.
Psychological illness “Saving the family is not possible because my partner suffers from a mental illness (specify diagnosis). This makes cohabitation impossible.”
INTIMATE
Sexual dissatisfaction The true reason is not indicated, since it lies outside the legal plane. The general wording is used: “I believe that further preservation is not possible, since I have lost the feeling of love for my partner.”
MATERIAL
parasitism “I think that the preservation of the family is impossible, since my husband does not work anywhere, does not receive any income. He is not engaged in housework and raising children. He puts the family in a difficult financial situation, the children are not sufficiently provided for, since my earnings are not enough for everything.

Each couple has their own reasons for divorce, and you can’t describe them all within the framework of the law. If reconciliation is not possible and there is no way back to a happy family life, indicate in the claim the true reason for your balanced decision, if it is permissible to voice it. Emotions have no place in judicial documents; every word must have a legal basis.