The legislation provides two options for termination family relations through the judicial procedure: in the magistrate's court and by applying to a court of general jurisdiction.
Divorce through the magistrate's court is carried out in the following cases:
- there is no dispute between the parents about the place of residence of the minor child after the termination of the marriage (for example, both spouses mutually agreed on all issues related to the upbringing and residence of their common children);
- V statement of claim the requirements for the division of property, which are within the jurisdiction of the magistrate's court, are indicated.
Note!If during the divorce proceedings one of the spouses has requirements that are not within the competence of the magistrate, the case will be transferred to the district court for further consideration on the merits.
What documents are required for divorce in the Magistrates' Court?
To consider a case on termination of family relations, you must provide the following package of documents to the court:
- statement of claim in two copies (one for the court, the second for the defendant);
- a receipt confirming payment of the state fee for the application;
- identification document of the plaintiff;
- marriage certificate (original);
- copies of birth certificates of minor children (if available).
This standard list of documents may additionally be accompanied by other certificates and forms, the composition of which depends on the content of the claim. For example, when simultaneously filing a claim to establish an alimony obligation, the plaintiff must attach:
- information about wages plaintiff and defendant, work;
- calculation and justification of the amount of alimony.
When resolving disputes about the place of residence and upbringing of a child, the parties will need to obtain survey reports living conditions who have the right to constitute guardianship bodies. If this document is not provided by the plaintiff, it will be issued during the process court session. Also, when considering disputes related to minor children, the following documents are required:
- characteristics from the place of work for each participant in the process;
- an extract from the house register of the defendant, the plaintiff or both spouses (this paper confirms the place of registration of the spouses - separate or joint, as well as the place of registration of the children);
- agreement on children (if it was concluded by spouses).
If these certificates were not submitted simultaneously with the statement of claim, the parties will have the opportunity to present them during the consideration of the case.
In the process of dividing property, the court needs complete and objective information about the composition of the spouses’ assets, as well as their actual value. To do this, you must attach to the statement of claim:
- list of joint property;
- title documents;
- marriage contract (if it was concluded during the period of family relations);
- agreement on the division of property (if the parties were able to reach a mutual agreement).
In addition, it is necessary to obtain a report on the market value of the property, which will be prepared by a professional appraiser at the request of citizens.
If the spouses do not plan to participate in court hearings, they can provide consent to the divorce in writing (if the defendant is unable or does not want to participate in the divorce process), as well as a power of attorney for the representative.
Submission and execution of a statement of claim (sample)
- name and address of the judicial authority;
- personal data and Contact Information about the parties to the process;
- information about the marriage;
- information about the presence of common children;
- reasons for terminating family relationships (you can indicate a formal reason, since this does not have legal significance for making a decision);
- demands submitted to the court for consideration.
Despite the relative simplicity of this type of claim, significant problems may also arise when filing and processing it. We recommend that you seek help from our specialists if you have any questions.
How to apply for divorce in the Magistrates' Court?
An application for divorce is submitted to the precinct of the magistrate corresponding to the defendant’s permanent residence address. However, in exceptional cases directly provided for by law, you can file a statement of claim at the place of registration of the plaintiff:
- if minor children actually live with the plaintiff;
- if medical certificates confirm that the plaintiff is seriously ill, preventing him from traveling to another locality or region.
You can immediately attach a petition to the claim to consider the divorce proceedings without your personal presence; the law allows this.
Note!If the divorce application is not completed correctly, or the required documents are not attached to the claim, the judge has the right to leave the application without consideration, of which the plaintiff will be notified separately.
Within the procedural period allotted by the court, errors must be corrected, after which it will be considered filed on the day of its first acceptance. If the shortcomings are not taken into account, the application will be returned to the plaintiff along with all attached documents. To consider the claim, you will need to go to court again.
You can file a claim in person with a judge or by mail.
Procedure and terms for divorce by a magistrate
After the court has accepted the statement of claim, the parties will be notified of a date and time for the court hearing. According to the law, the trial is carried out within one month from the moment the documents are received by the court.
The maximum duration of the divorce process can be from one to four months. This is due to the right of the court to provide the parties Extra time for reconciliation and an attempt to renew marital relations(this period can be up to three months).
At the end of the process, the court makes a decision to terminate the marriage, which will come into force no earlier than one month after its adoption. If one of the spouses files an appeal, the decision will enter into force after it is considered by a higher court.
When the court decision comes into force, you must contact the territorial civil registry office at your place of residence with a certified copy of this document. After applying, the applicant will receive a certificate of divorce, which will become official confirmation of the fact of its termination. Also, the registry office will put a stamp in the passport about the dissolution of the marriage relationship.
So, if maintaining family relationships is impossible and the spouses decide to divorce through the court, the following steps must be taken:
- prepare documents according to the mandatory list specified above;
- draw up a statement of claim to the court for the termination of the marriage;
- pay the state fee;
- apply with documents to a judicial authority or send them by mail;
- wait for the time and date of the court hearing to be set;
- receive a copy of the court decision;
- contact the registry office to obtain a divorce certificate.
Our qualified family law lawyers are ready to help you prepare for trial. In this case, the divorce process will take place quickly, painlessly and in compliance with the procedural deadlines established by law.
ATTENTION! Due to latest changes due to legislation, the information in the article may be out of date! Our lawyer will advise you free of charge - write in the form below.
Questions for lawyers
How to file for divorce through a magistrate judge?
We want to divorce my husband, we have minor children and some property that we would like to divide. How can I file for divorce in the Magistrates' Court? What documents are needed for this?
Lawyers' answers
Belyaev Evgeniy
Good afternoon. A statement of claim is submitted: a copy for the defendant, a marriage certificate, a receipt for payment of state duty, birth certificates of children. The statement of claim is submitted to the magistrate at the place of residence of the defendant, however, in accordance with:
Code of Civil Procedure of the Russian Federation Article 29.
Jurisdiction at the choice of the plaintiff 4. Claims for divorce may also be brought to the court at the plaintiff’s place of residence in cases where he has a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the defendant’s place of residence.
Kuznetsov Denis
If there is no dispute about who the children will live with and the value of the property is less than 50,000 rubles, then you need to: write a claim, pay a state fee for divorce of 400 rubles. and for division depending on the value of the property, attach a marriage certificate and copies of children's birth certificates.
RF IC Article 22.
Divorce in judicial procedure in the absence of consent of one of the spouses to divorce:
1. Divorce in court is carried out if the court determines that further living together spouses and family preservation are impossible.
Today there is a high percentage of divorces. And most applicants do not know where to apply for divorce. Let's figure out in what cases you need to go to MARRIAGE REGISTRY and when to contact court. We will also consider in more detail the issue of jurisdiction of divorce proceedings. First things first.
The legislation of the Russian Federation provides for the following methods of documenting the breakdown of legal relations:
Which method is suitable in this or that case?
When to go to the registry office?
In the absence of minor children and property disputes, divorce is carried out in a simplified manner, through the registry office. In this case, the couple writes joint statement, which confirms his desire to terminate family legal relations. Applicants are given month period to think about your decision, and then separate them. The result of the process is the registration of the divorce deed and the issuance of a divorce certificate.
Note! Divorce through the registry office is carried out only with the consent of both parties.
Divorce through the registry office is possible only with the consent of both spouses. But the law also provides for a unilateral divorce procedure. The basis for it may be such things as the incapacity or disappearance of the other half, the presence of a criminal record (if the term of imprisonment is 3 or more years).
Jurisdiction of cases, or which judicial body deals with divorces?
When a marriage ends, many couples find themselves at a loss, not knowing which court to file for divorce in. After all, the law provides for such concepts as territoriality and jurisdiction of cases, a magistrate or a court of general jurisdiction. What should be understood by such terms?
General concepts
Jurisdiction is a set of criteria by which the belonging of a case to a particular judicial body is determined.
Territoriality is the principle of distributing cases between homogeneous courts, taking into account the boundaries of the judicial district.
A magistrate's court is a body that, in one person (a magistrate), considers minor civil and criminal cases.
A court of general jurisdiction is a court that administers justice in all cases, including divorce cases, in a designated area (district, region).
Attention! An alimony agreement is a voluntary agreement between parents, drawn up in writing and notarized. The document can resolve all issues regarding the upbringing and maintenance of minor offspring. If this paper is available and there are no other disputes, the couple can go to the Magistrates' Court.
Those couples who have no disagreements regarding the upbringing, support, and residence of children can file an application for divorce in the magistrate’s court.
A divorcing citizen can file an application with the Magistrates' Court if:
- claims in property matters do not exceed the amount of 50,000 rubles;
- it is required to recognize the marriage as invalid, but only if there are grounds;
- there is an agreement between the spouses regarding residence and provision of joint minor offspring;
- mutual consent of the applicants for divorce.
Note! The amount of the claim, over 50,000 rubles in divorce proceedings, when dividing joint property, is the basis for applying to a court of general jurisdiction.
In the magistrate's court it is a somewhat simplified procedure, where the judge makes a decision unanimously. And many applicants for divorce try to cheat in order to speed up the divorce. Some citizens deliberately underestimate the cost of the claim. But you need to remember one thing important point: an application submitted to the court is subject to preliminary examination.
Jurisdiction of divorces by the district judicial body
All cases are decided in courts of general jurisdiction, including those that do not fall within the competence of a magistrate judge. So, a claim must be filed in the district court if:
- the parties have property disputes in an amount exceeding 50,000 rubles;
- the parties cannot agree on with whom the children will live, who will support and raise them;
- It is required to establish a schedule for communication between children and the parent who will live separately.
Note! Courts of general jurisdiction consider issues of communication between children not only with parents, but also with other close relatives.
Jurisdiction and territoriality of divorce cases
In most cases, the claim is filed in the district or magistrates' court at the defendant's place of residence. But the law provides for situations in which the plaintiff (divorce initiator) can go to court at his place of residence. These are the following cases:
- a common minor child of the divorcing couple lives with the plaintiff;
- the applicant has serious health problems that prevent him from contacting the authority at the place of residence of his other half;
- a citizen who is a defendant in a case is unable to fulfill his civil obligations because he is listed as missing or is in prison;
- The plaintiff files a claim for alimony.
When discussing divorce cases, it is impossible not to touch upon the topic of contractual jurisdiction. It implies the opportunity given to citizens to agree on a change in the court where they plan to file an application for divorce.
In a situation where the process in court is a formality that must be observed, the divorce process will not take much time. The couple will have to wait one month after filing the claim, this is the period given to consider the action and reconcile the family. It will take another month for the court decision to enter into legal force and for the divorce to be recorded at the registry office.
Attention! But such deadlines are met only on the condition that the couple has no disagreements or disputes. The presence of any disputes, especially regarding children and property, can significantly prolong the legal process. The situation becomes even more complicated when the divorce is initiated by only one party, and the second spouse is against the divorce.
In case of unilateral appeal, the court may choose maximum term for reconciliation of the parties – 4 months. In a situation where the defendant does not appear at the hearings, the process may drag on for half a year. Do not forget also about the month provided for the decision to enter into legal force.
What issues should be resolved before trial in order to speed up the divorce?
The couple needs to make every effort to resolve the following issues before the trial:
- Division of common property.
- All questions regarding the upbringing, accommodation, and financial support of children.
- Supporting a spouse who needs help from their ex-other half.
Note! The spouse who leaves the family is obliged to pay alimony to the joint children until they reach adulthood. In addition, he is obliged to provide financial support to his other half if she needs such help.
All of the above situations can be resolved by drawing up a settlement agreement. All settled issues must be included in the document. But there is one important point that cannot be neglected. This paper requires a notarial agreement. Only in such a situation will it receive the force of a writ of execution and will be binding on both parties.
Payment of state duty – required condition when filing for divorce. If the divorce process goes through the court, the fee will be 600 rubles. This circumstance is mentioned in paragraph 5 of Art. 333.19 Tax Code of the Russian Federation. Upon receipt of the court decision, you will have to pay another 1,300 rubles, 650 for each of the divorcing citizens. This is stated in paragraph 2 of Art. 333.26 Tax Code of the Russian Federation. The second amount is required to register the divorce deed with the registry office. Only upon presentation of a receipt for payment of the state duty is a divorce certificate issued.
In case of a unilateral divorce, the state fee is paid only by the applicant who initiates the process. In 2017, this amount is 350 rubles; in this case, you should refer to Art. 333.26 clause 2 para. 3 Tax Code of the Russian Federation. This procedure for termination is possible when the second spouse:
- was sentenced to more than 3 years;
- declared incompetent;
- considered missing.
Note! Conviction of the second spouse for a period of three or more years is grounds for unilateral divorce. It does not matter whether the applicant is still in prison or has already been released.
If you want to file for divorce in 2019, having the right documents will help speed up the process.
A situation may arise when both spouses cannot come to the registry office at the same time. In this case, you can draw up two separate statements and have them certified by a notary.
If each spouse is ready to divorce, then the list of documents will be as follows:
- An application, which can be obtained from the registry office employees, or can be printed on our website;
- Citizen's passport, international passport, you can bring a copy certified by a notary. Moreover, the passports of the husband and wife will be checked;
- Marriage registration certificate that you received after the wedding;
- A receipt stating that you paid the state duty at the savings bank.
After the application is submitted, the registry office employee will mark it as accepted and ask you to come again in 30 days. This period is given in case you change your mind about getting a divorce. During these 30 days, the application can be withdrawn.
Remember that only couples who fulfill the following conditions can submit such an application:
- The spouses do not have common or adopted children under 18 years of age. If there is a child, then only the court can divorce;
- There is no dispute about the division of common property, you must divide everything peacefully yourself;
- The marriage is dissolved in the registry office if the husband or wife is incapacitated;
- If the husband or wife is or will serve a sentence in prison for more than 3 years, they will also have to go to the registry office.
To get a divorce in a registry office, it takes a lot a small amount of documents. The marriage certificate you received after your wedding will be sufficient. You will also need an application to the registry office on behalf of both spouses.
There are three types, choose the one that suits your situation:
You need to fill out in the following order:
- In the upper left and right corners, the registry office employees must put down the date and registration number; you do not need to touch these lines.
- But the lower lines in the upper right corner are already filled in by the spouses; the registry office department where you will go for a divorce is entered here, as well as the name of the husband and wife.
- In the first paragraph you need to write your last name, first name and patronymic.
- In paragraph 2, indicate your date of birth.
- In the third, fill in the place of birth that is printed in your passports.
- In the fourth paragraph you need to indicate your citizenship.
- The fifth paragraph can be filled out as desired; here you can indicate your nationality. If you don't want to, then just put a dash on the entire line.
- In the sixth paragraph, write your place of residence, do not forget to indicate the city, street, house number and apartment.
- In paragraph 7, indicate the details of your passports, series, number and department code. Please fill out all sections very carefully; they will be checked.
- Don’t touch the eighth point, the registry office workers will tell you
what data to enter into it. - There will be two lines at the bottom, you need to indicate last names in them,
which husband and wife want to keep for themselves after a divorce. - And in the very last line, put your signatures with the transcript.
You can draw it up in any form or use it. You can also ask the registry office employees for sample applications.
A situation may arise that you have lost your marriage certificate. Without it, you will not be able to file for divorce. But don’t despair, you can always request a duplicate from the registry office. It is better to contact the registry office where you registered the marriage, then they will be able to issue you a duplicate on the day of your application.
In 2019, for a divorce you need: receipts for payment of state duty for 650 rubles, an application for divorce, a copy of your passport. You need to contact the registry office. But remember, if the divorce is in the registry office, then each spouse must pay the state fee; the two of you need to submit the application. And if a claim is filed in the magistrate’s court (if there are minor children or disputes over the division of property and debts), then only the plaintiff pays 600 rubles.
Either spouse can request a duplicate. Only in this situation does it arise new problem. If one of the spouses does not want to voluntarily divorce, you will not be able to contact the registry office. You will have to go to court, write a statement of claim, and collect other documents.
Documents for divorce through court
If your couple has minor children, you need to go to court. Everything is not so simple here, so read our recommendations very carefully.
- The most important thing you must do is to correctly and competently draw up a statement of claim. It needs to describe in detail the circumstances and reasons for the divorce. You must also indicate all children from the marriage and other circumstances.
- Since the court will definitely ask questions about the children, it is necessary to attach copies of the child’s birth certificate.
- You will definitely need a marriage certificate. Be sure to include multiple copies.
- If you have the opportunity, request documents confirming the place of residence of the defendant (second spouse). This could be a certificate from the HOA.
- Be sure to pay the state fee, now it is 650 rubles. The easiest way to do this is at the nearest Sberbank branch. Attach the received check with a paper clip or stapler to the statement of claim. Without paying the state fee, the court will not even accept your documents.
- If you cannot or do not want to participate in court on your own, seek help from a specialist, lawyer or attorney. Then you will also need a power of attorney for this person. A power of attorney can be made by any notary.
But this is not all the documents. If you have property, the court may ask you to submit a property division agreement. Therefore, be prepared that the court may request other documents.
Questions and answers
Marina
I really want to file for divorce from my husband, we have a 2-year-old son. My husband has been treating me poorly lately, and the child too. Only now he threatens that he won’t give me any divorce, and he also wants to take away the child. Tell me, how can I get a divorce without my husband’s consent? What documents are needed? Can he take the child?
Answer
You do not need your husband's consent for a divorce if you go to court. You will need to prepare a statement of claim and the entire set of documents that we described in the article. The court tries to leave the child with the mother in such situations.
Vladimir
I want to divorce my wife, but I am constantly busy at work. I contacted a lawyer, made a power of attorney in his name, and brought the documents he asked for. With my participation, can he now write everything, go to court, communicate with his wife on the issue of divorce? Will my presence be needed somewhere, since I often travel on business?
Answer
The lawyer can now handle your case completely, without your participation. He will draw up all the documents himself, go to court himself and communicate with his wife.
Oleg
Tell me, how much does a divorce cost?
Answer
To obtain a divorce, you need to pay a state fee of 650 rubles.
Oksana
My husband disappeared 2 years ago. The police provided a document stating that he was considered missing. Tell me, where should I go for a divorce and what documents should I prepare?
Answer
First you need to go to court to recognize your husband as missing. After you receive the decision, you will need to write an application to the registry office for divorce.
Andrey
I wanted to file an application to the court for divorce from my wife. They said that it is necessary to indicate the spouse’s residential address, and it is advisable to bring an extract from the house register. I said that my wife is not registered anywhere and lives in her mother’s apartment. What should I do in this situation?
Answer
In the statement of claim, indicate your last known place of residence. You can also indicate that she is not registered anywhere and indicate the address of her actual residence, that is, her mother’s apartment.
Nikolai
Divorced my wife 3 months ago, she did not file for alimony. But I myself want to pay my child for kindergarten, food, toys. Give money for various mugs so that he develops and does not need anything. Well, so that later there would be no complaints from the wife either. At first I gave her money directly into her hands, asking her to give me some kind of receipt that she had received the money. She refuses to sign anything. Tell me, how can I pay the expenses, so that there would be some kind of confirmation?
Answer
You can make a postal order in her name with a note. You can also make payments through a bank to her card or current account, indicating the purpose of the payment. Be sure to keep all receipts.
Daria
I am 25 years old and want to divorce my husband. There is a daughter, age 6 years. After the divorce, I want to go with my child to live in Spain, but my husband is against us moving. He agrees to the divorce. He also pays for the child’s expenses, tell me what I can do?
Answer
You can file divorce papers through the court. To move to a permanent place of residence in another country, you will definitely need to obtain your husband’s consent. If he does not give consent voluntarily, he will also have to go to court on this issue.
Marina
My husband is disabled, we haven’t lived together for several years. I am raising two children alone. Tell me what documents need to be submitted for divorce? Can I demand payment of child support?
Answer
Go to court with a statement of claim. You also have the right to file for alimony.
Vladimir
My wife and I have not lived together for 3 years. We both now live in France, and got married in Russia. We also want to get a divorce in Russia, but there is no way to come. Tell me, is there anything that can be done in our situation?
Answer
The most simple option will contact a law firm or lawyer. Make powers of attorney and send them by express mail to lawyers. Then they will go to the registry office or court on your behalf and help you dissolve the marriage.
Svetlana
I want to file for divorce, my wife says she’s not against it either. We have a 4-year-old daughter. All wedding documents, including the marriage certificate, are in the apartment where the wife lives. She doesn’t want to give this certificate to me, she says that I will steal it. But I need it to go to court. The wife herself is not going to file a claim either. Tell me, is there anything that can be done?
Answer
You will need to go to court yourself, since you have children under 18 years of age. If the wife does not want to give up the marriage certificate, contact the registry office and get a duplicate there. It will only take a few hours.
Tatiana
My husband wants to get a divorce, we have two children from our marriage. The girl is 5 years old, the boy is 6 months old. Also during our marriage we purchased 2 cars and an apartment. The husband pays for the children, in the kindergarten, pays for the nanny, and does not refuse to continue to reimburse these expenses. My husband says that he has absolutely no time to prepare all these documents; he wants me to do everything. Tell me what I need to compile? I would also like there to be a defined procedure for communicating with children. I want him to take the children with him for 3 weeks, and I can go on vacation. Please tell us about these moments.
Answer
In your situation, you only need to go to court, since you have minor children. In addition, you have a child under one year old. In such a situation, only the mother can submit an application. Since you have two children, you can indicate in the statement of claim that you are asking to recover 1/3 of his salary from your husband to pay alimony. You can also prepare a written agreement outlining the payment procedures for various expenses. This agreement must be notarized. The same applies to the order of communication. Discuss with your husband the times, days and routines for communicating with your children. You can even specify exact hours, for example, Monday, Wednesday, Friday from 18 to 22 pm, as well as 3 weeks in June. Please attach this document to your claim.
Oksana
My husband and I married eight months after the birth of our child. We haven't lived together for a month. Not interested in the child. The child is not registered with him. In the father column there is another person. I want to file for divorce. Can we get a divorce through the registry office and does he have any rights to the child?
Answer
You can get a divorce through the registry office. Article 21 of the Family Code of the Russian Federation states that divorce is carried out in court if the spouses have common minor children. If your child is registered with another man, then it is not shared. If your husband is completely against the divorce, then you will have to go to court.
It does not matter what reasons prompted the spouses to divorce. Proceeding to divorce is difficult both from the moral and legal sides. Family code(Articles 18 – 25) provides several options for filing an application for divorce: in the registry office, in court, in the presence of both spouses, or only one.
Choosing an institution for divorce
“Where do you file for divorce?” - a frequently asked question. Spouses who decide to divorce can apply to one of three authorities.
Through the registry office
By general rules, the spouses jointly submit an application at the nearest registry office. After the first application, the registry office staff will ask those divorcing to return again after 1 month for a divorce certificate. The waiting period is issued with the expectation of family reconciliation. Divorce in the registry office is considered the most civilized and easiest. This method is provided for families not burdened by division:
- Property acquired during marriage. A situation common for young families who did not have time to purchase anything expensive (real estate, land, cars) after marriage. It is possible that the spouses independently agreed on the distribution of property benefits and do not need the help of the court regarding the division of property.
- Joint minor children. Even if the spouses know in advance with whom the children will live, divorce is possible only through a judicial procedure. If there are no common children, the divorce can be carried out at the registry office.
In addition, both parties must agree with the idea of getting a divorce. There is a list of situations in which only one of the spouses can dissolve a marriage at the registry office. In this case, the second participant in the family relationship:
- Incapacitated;
- Missing;
- Serving a sentence in prison (and imprisoned for 3 or more years).
Through the world court
The Magistrate's Court is an institution designed specifically to resolve civil disputes and cases; divorce falls within its jurisdiction. Spouses whose situation does not allow them to separate further turn to justices of the peace. in a simple way- through the registry office.
Magistrates can resolve simple divorce proceedings, help with the division of property, determining the procedure for using real estate, distributing place of residence and assigning alimony obligations. The vast majority of divorce cases can be resolved with the help of a magistrates' court.
Through the district court
In cases where the parties were unable to reach decisions regarding property and children that satisfy both spouses in the magistrate's court, the case goes to the jurisdiction of district court. The judges of this institution determine:
- Which parent will the common minor children live with, what is the procedure for meetings with the second parent. Amount of alimony, form, frequency of payments.
- Division of valuable property acquired by spouses during the existence of the family.
Regardless of the method of conducting the divorce procedure, the spouses are given a month to reconcile. It cannot be canceled, except in cases where one spouse files for divorce.
How to write an application for divorce
The form of the application directly depends on the method of divorce.
Application to the registry office
Submitting an application is very simple. Spouses will need:
- Passports;
- Marriage certificate;
- Receipt of payment of state duty.
The form is provided at the registry office and is a sheet divided into 2 parts - each spouse fills out his half, as when submitting an application for marriage.
In the case of a unilateral divorce, the initiating spouse will need a document confirming the rationale for filing the application without the other party. The form will also be issued by the Civil Registry Office staff. Both versions of the forms have fields requesting information about applicants, which can be filled out correctly and accurately by hand.
It is filed by one of the spouses and represents a full-fledged lawsuit. The applicant is the plaintiff, and the second spouse is the defendant, respectively.
To file a claim, a package of documents is required:
- Passports;
- Marriage certificate;
- Copies of birth certificates of each common minor child;
- A list of joint property with documents confirming the spouses’ ownership rights to it (if division of property is required during the court hearing);
- Receipt of payment of state duty.
The application form is on our website; in this document you need to indicate:
- Name of the institution where the application is sent;
- Passport details of the applicant;
- Passport details of the defendant;
- Information from the marriage certificate (number, series, date of issue, etc.);
- How long did the spouses stop living together?
- Details from the birth certificates of common minor children;
- Information about previous marriages (if available).
If the spouses have decided in advance how they will divide property, common children and alimony payments, it is best to register this decision notarized and indicate this fact in the statement of claim. A civilized method of resolving such issues will help simplify the legal process as a whole.
How much does it cost to file for divorce?
Payment of the state fee is a mandatory condition when submitting an application both to the registry office and to the court:
- Divorce in the registry office costs 1,300 rubles. (650 rubles for each spouse);
- Unilateral termination is estimated at 350 rubles;
- An application to the court costs 600 rubles. (only the plaintiff pays);
- Obtaining a certificate of divorce after divorce proceedings will cost 1,300 rubles. (650 rubles for each spouse).
After the application is submitted
MARRIAGE REGISTRY
Civil registry office employees check the application immediately after filling out the form, after which they set a one-month waiting period. Spouses are informed in advance of the date on which they can come and pick up the divorce certificate. Until then, applicants can only wait for the end of the reconciliation period, or try to find mutual language and preserve the unit of society.
Court
If the application is drawn up incorrectly, or the filing was made with violations, the court office may refuse to accept the claim. If the application is accepted, the court will set a date for consideration of the case. During the first meeting, the court will assess the validity of the divorce and related circumstances, after which it will determine the timing of reconciliation. The duration of the period is 1 month (if the spouses agree to terminate), but can reach 3 months (if one of the parties does not agree to terminate the family relationship).
In cases where spouses decide to cancel the divorce process, they need to file an application canceling the previous one. This must be done before the expiration of the reconciliation period, in otherwise the marriage will have to be concluded again.
