What documents are required for a divorce with a child? Where to file for divorce? Filing for divorce.

In what cases can you file for divorce at the registry office?

If the former spouses do not have mutual claims against each other, they are ready to peacefully divide the jointly acquired property, and there are no minor children in the family - everything is simple. Come to the registry office, write an application and wait for some time (usually a month), after which you will be issued a certificate of divorce.

If the spouses are not ready to agree on their own, there are children, you have to resolve the issue in judicial order. Then it is difficult to do without the help of an experienced lawyer. A lawyer will consider your situation individually, tell you how to file for divorce and help you understand all the intricacies divorce proceedings.

How to file for divorce: step by step instructions

First step- contact an experienced professional.
Second step- Competently prepare a statement of claim for filing it in court. It should indicate:

• the name of the body (court) to which the application was sent;
• FULL NAME. and contact details (address and telephone number) of the plaintiff and defendant;
• time of marriage and period of cohabitation;
• if there are children, indicate the date of their birth and with which of the parents they live together at the time of application;
• reasons for divorce;
• presence (absence) of property disputes. If any, provide a list (with an indication of the value and total amount) of jointly acquired property, as well as property belonging to the applicant on the basis of personal property rights (with an indication of the cost and amount);
• agreement on the place of further residence and education of children;
• list of attached documents (applications).

Step Three- collection of documents. The following documents must be submitted as an annex to the application:

• marriage certificate (original);
• a copy of the application;
• birth certificates of children;
• certificates of residence (plaintiff, defendant, children);
• document confirming the payment of state duty (receipt).
• Also, if any:
• agreement on the voluntary division of property;
• agreement on the payment of alimony;
• agreement on the future residence of children.

Step Four- Filing for divorce

Which court to apply to?

As a rule, the application to the court is filed at the place of residence of the defendant. But there is a nuance here. So, if minor children live together with the plaintiff, or, together with the application for divorce, he simultaneously requires the appointment of alimony, the application in this case should be submitted at the place of residence of the plaintiff. According to the requirements of the law, the issue of division of property must be resolved at the place of its (property) location.

You apply to the World Court if:

• the initiator of the divorce is one of the spouses, while there is no dispute about children;
• the initiator of the divorce is one of the spouses, while the value of the jointly acquired property does not exceed 50,000 rubles;
• when, with formal consent, one of the parties evades the dissolution of the marriage in the registry office.

The District Court deals with divorce cases when:

• parties failed to resolve contentious issues in relation to children;
• could not reach a consensus on the amount of alimony;
• not found common solution regarding the division of property worth more than 50,000 rubles.

It should be borne in mind that the existing legislation excludes the possibility of divorce during the wife's pregnancy and before the baby reaches one year of age.

Without the services of a qualified lawyer, it will be problematic to achieve a divorce in a number of cases, for example:

• if the second spouse does not agree to divorce;
• when no agreement has been reached on the issue of further residence of children or on the division of property;
• in the absence of information about the place of residence of the second spouse;
• when spouses live in different settlements;
• if the citizenship of the second spouse belongs to another state.

To speed up the process and make your life easier both during the divorce process itself and after it, it would be nice to enlist the help of a competent professional. This will help to avoid many mistakes, as well as keep your morale without unnecessary shocks.

A professional lawyer with extensive experience in divorce proceedings will not only help to collect required documents and competently draw up a statement, but also tell you how to behave during the process itself, including in relations with the other half, in order to receive minimal moral and material damage.

Terminationmarriage in R.F. possible only in the registry office and in court. Let's look at where to apply for a divorce in your particular case.

DIVORCE THROUGH THE REGISTRY OFFICE

LIST OF DOCUMENTS FOR DIVORCE THROUGH THE REGISTRY OFFICE BODIES

HOW TO APPLY FOR DIVORCE THROUGH THE COURT IN MOSCOW

Before as file a petition for divorce, it is necessary to determine the claims. If in the application for divorce the spouse indicates only the requirement for a divorce, then the application is submitted to the Magistrate's Court at the place of residence of the defendant. In the event that in addition to the dissolution of the marriage, in the application for divorce, you also indicate the requirement to divide property or determine the place of residence of the child, then such an application will need to be submitted to the district court, also at the place of residence of the defendant.

DIVORCE THROUGH COURT WITH CHILDREN

Divorce with minor children takes place in a magistrate or district court. If there are no disputes about children, then this procedure will not differ from the usual procedure. divorce without children and in this case, as indicated above, the statement of claim is filed with the magistrate's court. If the other side insists on determining the place of residence of the child or determining the mode of communication with the child, the world court most often combines this requirement into one proceeding with a divorce and transfers it to the district court for consideration. Spouses may apply to the court for a separation of divorce claims and arguing about children, to decrease terms of divorce. If the court grants this request, then disputes about children will be considered by the district court, and the divorce will remain in the consideration of the world court.

Along with the petition to the court for divorce, you need to provide documents. List of documents for divorce will vary depending on your requirements. So, if you are only filing for divorce and you have no marriage minor children, then it will be enough for you to attach a certificate of marriage, an extract from the house book, a receipt for payment of state duty to the statement of claim for divorce. In the event that you have from marriage children under 18 years of age, you must additionally attach a birth certificate for each child, a notarized copy or original.

In the event that in the application for divorce you indicate the requirement for the division of jointly acquired property, in addition to the main documents for divorce, you will also need to attach documents confirming ownership of the property that is subject to division.

When the family breaks up, and yesterday's spouses begin to understand that divorce is completely inevitable, the question arises - how to get a divorce? Where to send applications, etc.?

In this article, we will tell you how to apply for a divorce at the registry office or the court, consider options for filing an application without a husband and wife.

The application form that is drawn up before a divorce is quite simple. The application must include the name government agency who will consider the application, provide personal data, full address and phone number of the plaintiff and defendant, indicate the presence of children and their age, the presence of property and other disputes. It is also necessary to indicate the formal reasons that led to the divorce in the statement of claim. The most common reason for divorce is to point out that the husband and wife did not get along. Copies of all of the above documents must be attached to the application.

Submission procedure

An application for divorce is submitted to the registry office only if both spouses agree voluntarily to divorce, and also if they do not have minor children. Within a month, by federal law about the act of civil status, the leadership of the registry office must issue a certificate of divorce, now to the former spouses. In this option, some exceptions are allowed, when one spouse can apply for a divorce to the registry office, even with minor children. This becomes possible when one of the spouses has committed a crime and was sentenced to a term of three years or more; if one of the spouses was recognized by a special commission as incompetent; if one of the spouses was declared missing. All cases when you can get a divorce in the registry office for one spouse, even if you have children, are reflected in the articles of the Family Code of Russia.

In the Family Code of Russia, article 19 recommends spouses to apply only through the judicial authorities, in the event of a dispute over the division of property, if both of them peacefully fail to agree on the payment of alimony for a minor child. The court also needs to be addressed in the event that there are disagreements on the issue of the place of residence of the child and the methods of his upbringing.

In accordance with the Code of the Russian Federation, Article 21, if one of the spouses does not want to give their consent to a divorce or simply does not want to come to the registry office, they will have to submit an application only to the judicial authorities. Through the court it is best to dissolve the marriage even if there is a minor child.

The issue of dissolution of a marriage may also be decided by a district or justice of the peace, depending on whether disputes arise during the divorce. According to the Civil Code of the Russian Federation, article 23, if according to mutual consent parents decide voluntarily the fate of their children, then the issue of divorce can be accepted by a justice of the peace. However, if there are disagreements between the spouses regarding minor children, then an application for divorce is filed only in the district court.

As for the division of acquired property, the issue can be resolved in different ways. If the amount of joint property acquired in marriage does not exceed 50 thousand rubles, a justice of the peace may decide on mutual claims. If the property is valued at a large amount must file for divorce in the District Court.

Where to apply

It is important at the beginning to decide in which court it will be necessary to apply for a divorce.

According to the Civil Code of Russia, article 28, a statement of claim for divorce must be filed with the district court at the place of residence of the defendant. But in some cases, the plaintiff, if he has minor children living with him, or if he also requires the appointment of alimony with the divorce petition, then the divorce application must be filed in accordance with the plaintiff's place of residence. The issue of division of property of spouses should be decided at the location of this property.

Terms of consideration of the case

Article 154 of the Civil Code of Russia regulates the time limits for resolving disputes that are set for district courts. This period is two months, and in the magistrate's court one month from the moment when the application for divorce was filed. Family code Russia allows the adoption of a decision on the dissolution of a marriage not earlier than one month after filing a claim for divorce. In some cases, the consideration of the divorce case may be postponed in the judicial authorities even for a period of three months.

The practice of divorce decisions in courts shows that the law cannot always provide for all the nuances that arise during divorce cases. Therefore, at the Plenum of the Supreme Court, a resolution “On the application by the court of the current legislation when considering a case on divorce” was adopted. The tenth paragraph of this decision states that the court has the right to postpone the hearing of the case repeatedly in order to give the spouses a chance to reconcile. However, in aggregate, the period for postponing the decision cannot exceed three months from the date of filing the divorce application. In 2007, at the Plenum, an additional explanation was adopted that if the plaintiff did not appear at the court session and after the deadline set by the court, then the statement of claim cannot be satisfied.

The resolutions of the Plenum also provided for a situation where it is impossible to locate one spouse with whom the plaintiff wants to divorce. In such cases, the plaintiff is obliged to apply to the district court at the last place of residence of the defendant.

And although the procedural code of Russia regulates in detail the procedure for conducting divorce proceedings, Supreme Court supplemented the code and obliged local courts to deal with divorce cases as thoroughly as possible. If there is even a small opportunity to reconcile the spouses, the court is obliged to use it. If reconciliation is not possible, under any pretext, the spouses must in this case provide a clear evidence base.

legal assistance

An application for a divorce when dividing property must be filed with the district court. This category of family dispute is the most complex and often requires the participation of a competent and experienced lawyer specializing in civil affairs, since the consideration of the case depends entirely on the nature of the property, the participation in it of a mass of witnesses and even third parties. Not all points and nuances of disputes over the division of acquired property are taken into account. current legislation, so it is very important to take into account similar cases and judicial practice lawyer.

Consideration of an application for divorce through the court should take into account all the requirements of both spouses and may well require qualified legal assistance, as well as advice on family law. And although the current laws clearly and in detail regulate the divorce process, provide for emerging nuances, there are a lot of issues that have not been taken into account in the legislation. judicial practice. So, filing for divorce and the whole process of dissolution of a marriage leads to a number of problems that need to be resolved, preferably peacefully, these are the fate of your children, numerous property relations, and other problems.

Apply for a divorce it is possible either to the registry office or to the court - depending on many circumstances: if there are no children, there are minor children, with the division of property, etc.

After the decision of the spouses to terminate the marital relationship, as a rule, an unpleasant and sometimes lengthy procedure for dissolution of the marriage follows. If decision agreed and there are no legal disputes between the spouses, it is possible to implement the plan in as soon as possible. In the same case, if the couple has minor children, common joint property, then you should not count on a quick and painless resolution of the dispute.

The article provides information on where to apply for divorce, what documents should be prepared. In addition, you can find out how to write a divorce petition and what requirements must be met this document when resolving the issue through the registry office and in the order of judicial office work.

The concept of "divorce", grounds for divorce

According to the law, divorce is considered the official registration of the fact of termination of marital relations between a husband and wife. If they do not actually live together and do not lead common household, but their marriage is not dissolved, then legally they are spouses with all the ensuing consequences.

What does it mean:

• children born during the stay of the parties in marriage are considered their common children;
• Acquired property is common joint property and is subject to division between husband and wife in the event of a divorce. equal shares;
• sell property from the category of common joint property (real estate, vehicle) without the consent of the second of the spouses will not work.

It should be noted that being in such a marriage, it is also impossible to register a new marriage relationship. Based on the foregoing, we can conclude that if a decision has already been made to get a divorce, it is necessary to complete all legal formalities, since in the future your negligence may entail more serious problems and complexity.

On this moment There are two ways to dissolve a marriage:

1. Administratively (through registry offices);
2. In a court.

In both the first and second cases, the termination of marital relations is carried out only if there is statutory circumstances.

So, grounds for divorce may be:

• the good will of the spouses, their desire to end the marriage;
• the desire to dissolve the marriage of one of their spouses;
• death of a husband or wife;
• the presence of a court decision on the recognition of one of the parties to the marriage relationship as incompetent;
• the husband or wife is declared missing, and there is a corresponding decision;
• one of the spouses is convicted of a crime, while the type of punishment chosen by the court is imprisonment for a term exceeding three years.

How to file for divorce at the registry office

Family law provides for a number of cases when it is possible to dissolve a marriage administratively by submitting an application to the registry office. As a rule, this applies to spouses between whom there is no dispute about the right. If there is such, the dispute can only be resolved through the courts.

You can get a divorce in a simplified manner through the registry office in the following cases:

• at married couple there are no children at all or there are, but at the time of the appeal they have already reached the age of majority;
• issues regarding the maintenance of children, the payment of alimony and the use, disposal and possession of common joint property were resolved amicably. These issues can be settled by drawing up a notarized contract;
• the incapacity of one of the spouses is recognized by the court;
• there is a court verdict, according to which one of the spouses is deprived of liberty for a period of more than 3 years;
• husband or wife is declared missing.

The main condition for dissolution of marriage in a simplified procedure is the consent to divorce from both spouses.

Employees of the registration authority, which, in fact, is the registry office has the right to record the fact of divorce on the basis of the spouses joint statement. The application form can be obtained directly from the registry office or downloaded below:

Application requirements:

1. the document must contain personal information about the applicants ( full name, address, contact details, date and place of birth, citizenship, nationality);
2. the application must indicate the passport details of both spouses and information about the fact of marriage;
3. the document also indicates the names that former spouses want to wear after divorce. As a rule, this applies to women, since after the dissolution of the marriage, the spouse can keep her husband's surname or return to her maiden name;
4. The obligatory requisite is the date of submission of the document. According to the law, it is possible to obtain a Certificate of Divorce after 30 days from the date of application;
5. the application is certified by the signature of the parties;
6. the application must not contain gross errors, inaccurate information;
7. data should be entered legibly, it is better to do it in block letters.

Additional Information! One of the spouses can also apply to the registration authority, and the following conditions must be met:

• one of the spouses who is not present when the document is submitted must draw up a separate application that meets the above requirements and is notarized;
• the absent party is obliged to provide reasonable information about the reason for the absence.

The competence of the registry office is not to consider a controversial situation, but only to register a legal fact, therefore, the circumstances that caused it to occur do not matter. In other words, this means that the application submitted to the registration authority should not indicate the reason for the divorce.

How to file for divorce

If the couple has a child, a conflict arose between the spouses regarding the maintenance of children or the division of property, then the issue can only be resolved through the courts. It will not be possible to avoid litigation even if the husband (wife) is not against the termination of marital relations, but refuses to appear in the registry office.

Petition for divorce served in:

1. magistrate's Court:
2. city ​​Court.

The ability to defend their rights in court is guaranteed by the Constitution of the Russian Federation, as well as other regulatory legal acts. Both husband and wife have the right to file for divorce. The following cases are an exception:

• the husband's application is not subject to consideration if it is submitted when the wife is pregnant;
• the claim is refundable if the couple has common child less than one year old at the time of circulation.

In order for the application to be accepted for consideration, it must comply with the prescriptions and requirements of the procedural law, therefore, to draw up a claim, it is better to contact a specialist.

To optimize the speed of the procedure, lawyers recommend that you perform the following actions before going to court:

1. draw up an agreement regarding the upbringing and maintenance of common children;
2. resolve issues relating to common property.

All documents must be certified by a notary.

In order to preserve family relations the court has the right to assign a period for reconciliation to the couple, as a rule, it does not exceed 3 months. If, after this period, the spouses do not change their mind, the marriage is dissolved.

A prerequisite for accepting an application, both by the registry office and by the court, is the payment of state duty. The payment receipt is attached to the application. Payment details and its amount can be found on the official website of the state agency.

Comments:

The divorce procedure, if an official marriage was concluded, is strictly regulated by law. In case you have married couple there are no common children and property disputes, then the registry office can also dissolve the marriage. Divorce, if there is a child or there are property disputes, can only be given by the court.

Which court to apply for a divorce if there is a child

If the second spouse is declared missing, incompetent, or he is convicted by a court of a criminal offense with a sentence of more than three years, you can apply to the registry office.

The court considers a divorce case in the following cases:

• if the spouses have children under the age of 18, it does not matter if there are disputes regarding who the child will remain with after the divorce;
• if there are disagreements in the division of property;
• when the second spouse does not give voluntary consent to divorce either through the registry office or through the court.

In a word, the court considers the vast majority. More often, another question arises: which court to apply to if a child appears in a divorce case. According to the law, the plaintiff has the right to file a divorce suit in the court of first instance: world or city (district). It makes sense to apply to the world court if:

• there is no disagreement about where the child will live after the divorce;
• there are no disputes about how to divide the property, or the value of the property to be divided does not exceed 100 thousand rubles;
• if the divorce is not complicated by additional claims and statements: for example, on establishing paternity, deprivation of parental rights, changing the name of the child, adoption or adoption, and so on;
• no disputes over alimony;
• no counterclaim for divorce filed.

In other cases, the city (district) court will deal with the divorce.

The lawsuit is filed at the place of residence of the defendant, but in practice, divorce cases are most often heard at the place of residence of the plaintiff. The law allows this in two cases:

• if minor children live with the plaintiff (confirmed by a certificate from the housing department);
• if the plaintiff suffers from an illness that makes it difficult for him to move, or is disabled (confirmed by a certificate from a medical institution).

What to include in a divorce suit

The content of the statement of claim must contain a number of required elements provided by law. The secretariat must provide the plaintiff with a sample of writing a claim. It must indicate:

• the name of the body that will consider the divorce case;
• information about the plaintiff, including information about the address of residence and registration, or information about his representative;
• information about the defendant;
• information about where and when the marriage took place, conditions marriage contract(if it was concluded);
• reasons that make further cohabitation impossible (the law does not fix which reasons should be considered “good”, this is left to the discretion of the judge; reasons such as adultery, alcoholism, drug addiction, psychological illness, mismatch of vital interests, abuse, sexual dissatisfaction, a separate item should be indicated if the conditions of the marriage contract were violated);
• evidence that confirms the truth of the reasons (for example, a certificate of alcohol dependence from a medical institution or a district police officer's decision on injuries inflicted by a spouse);
• a list of people who can act as eyewitnesses and testify in favor of the plaintiff;
• list of submitted documents.

Since in a divorce with children there is an acute question with whom the minors will remain after the divorce, the application must indicate:

• full details of the child or children;
• Is there an agreement between husband and wife about their future fate if not, then it is necessary to indicate what disagreements exist;
• desired amount of alimony (sometimes you need to file a separate claim for alimony);
• other information that the plaintiff considers necessary to provide (for example, you can indicate the fact that the father avoids raising children).

The last point is important if other applications are filed along with the divorce suit.

What documents are needed for divorce when there is a child

The basis of the list of documents when applying for a divorce is the same. Before you file for divorce, you must prepare a complete package of documents. The plaintiff will be asked:

• the statement of claim itself, filled in in accordance with the requirements of the law;
• a copy of the passport;
• copy of marriage and birth certificates;
• a receipt for payment of the state duty (the state duty for divorce in 2017 was 650 rubles).

Depending on the content of the claim and the specifics of the divorce proceedings, the court office may additionally request:

• information about the income of the spouses (to determine the amount of alimony);
• an inventory and assessment of the property belonging to the spouses (in the event of property disputes);
• information about the physical and mental condition of the participants in the process;
• certificate from the place of residence on the composition of the family;
• other certificates and petitions, for example, in case of deprivation of parental rights or adoption, they will definitely ask for the conclusion of the guardianship and guardianship authorities.

Also, the plaintiff must be ready to provide additional documents that may affect the outcome of the trial and confirm his statements.

How does a divorce happen if there is a child - features

First of all, the court will be guided by the interests not of the plaintiff or the defendant, but of the child.

Therefore, the party wishing to keep the child must prove to the court that it will be better for him with him.

It is with this circumstance that all the drama of divorce proceedings in court is connected.

It is one thing when one of the spouses leads an immoral lifestyle and does not devote enough time to raising a child. But if both parents have an equal “price”, then it can be quite difficult for the court to decide with whom the child will be better off. It is difficult for the baby himself to watch how two people he loves often try to denigrate each other and prove that they love the child more than the other side.

By law, if a minor is 10 years old, he can independently decide with whom he will live, and the court is obliged to take into account his opinion.

If the baby is still young, the judge makes the decision for him entirely. If the spouses, in the course of preparing for the divorce proceedings, have agreed on the issues of raising and maintaining the child, they must file an appropriate agreement with the court. The same applies to alimony issues.

If, in addition to disagreements about the future of a minor child, property disputes arise, the consideration of the case may become even more complicated. Therefore, in order to save time and in order to preserve the psyche of the child, who will have to be present at most court hearings, it is better to agree in advance as many as possible problematic issues and submit relevant documents to the court.

How to decide with whom the child will live

This is a sore point for many divorcees and a stumbling block in litigation. The law determines that parents can voluntarily determine with whom they will live, and with whom and under what conditions the child will see. If this does not happen, then it is necessary to submit an application from the parent to determine the place of residence of his child. The court will be obliged to determine with whom it would be better for the child to live, while the opinion of the minor must be taken into account if he has reached the age of 10 years.

In addition to the opinion of the child, the court takes into account the following circumstances:

• his attachment to certain family members, such as grandparents;
• his attitude towards each of the parents;
• his age and psychological state;
• relationships between parents and relatives;
• the opportunity on the part of each parent to provide the child with conditions for his full development;
• financial security of the parent;
• parent's employment at work;
• the conditions of the future residence of the child, including the sanitary and hygienic conditions of the home, the availability of health care and education services in the area of ​​residence.

It is important to understand that high salaries and good conditions of residence are not a guarantee that the judge will give preference to the most financially well-off parent. First of all, the court will have in mind the opinion of the child, as well as the employment of the parent. If a parent spends the whole day at work or goes on frequent business trips, this means that he is unlikely to be able to fully engage in raising his offspring.

In addition, the opinion of the representative of the guardianship body, who is necessarily present at the court session, is taken into account.

A statement of claim for determining the place of residence of a child is usually filed together with a claim for divorce. It must include:

• the name of the court where it is filed;
• information about the plaintiff and the defendant;
• data about a third party (usually a representative of the guardianship authority, who acts as an independent expert);
• information about the child;
• a statement of information and facts that, in the opinion of the plaintiff, will help the court determine the place of residence of the child with the plaintiff;
• evidence and evidence confirming the facts presented;
• list of documents to be attached to the application.

Preparing for trial

In the proceedings on a divorce with the participation of a minor, a representative of the guardianship and guardianship authorities must join the process. His role is very important. As an educator, he gives an independent judgment, which is necessarily taken into account by the court. In addition, he often acts as a third party in numerous disputes between spouses before a divorce and is able to resolve a significant number of disagreements even before the start of the trial.

In preparation for the hearing, the judge may call the defendant or the plaintiff to talk with them on the fact of the claim. Regardless of whether there were preliminary conversations or not, the parties should carefully prepare for the court session.

According to the law, the circumstances that the parties must prove include:

• how attached the child is to parents and other family members;
• personal qualities of parents who will present them from the best side;
• the relationship that existed between the parent and the child in the past and what exists now;
• the circumstances that led to the divorce;
• the opportunity on the part of each parent to provide children with full physical and psychological development.

After the court has ruled that the child lives with one of the parents, the other parent is not deprived of the right to see him and take part in his upbringing. His rights include:

• the opportunity to receive reliable information about his health, education, and so on;
• the possibility of systematic communication with the child;
• the opportunity to resolve issues related to the unborn child, for example, getting an education or going abroad.

If the influence of the second parent causes some damage to the physical or psychological health of the child, the parent with whom the minor lives permanently has the right to file a lawsuit in court so that the defendant is limited in contact with the child.

Divorce process if you have a child

As a general rule, civil cases are considered in a magistrate's court within up to 1 month, in a city or district court - up to 2 months. At the same time, the courts are recommended to consider divorce cases in the first place.

If the claim is “simple,” that is, it contains a minimum number of claims and there is no opposition from the second spouse, the consideration may be completed in a week. Spouses are invited to the court session, where their testimony is heard, witnesses are interrogated. The referee makes one of the following decisions:

• dismisses the claim;
• satisfies the claim;
• adjourn the meeting to another date for a legitimate reason.

A meeting may be adjourned an indefinite number of times, but total time consideration of the claim should not exceed 3 months.

At its discretion, the judge may consider all claims (for example, for divorce and the appointment of alimony) within the same process, or may issue orders in different days. It depends on the workload of the court and the content of the statements of claim. How to file for divorce - all claims at once or separately, the plaintiff decides, but in order to save time, it is better to file all applications at once.