Life sometimes doesn't work out the way we planned: even strong marriage may crack. If there are no children, then an amicable outcome is possible - you need the consent of your spouse, a quick divorce procedure and division of property. But if there are minor children, it becomes necessary to draw up a claim document and go through the legal process.
Statement of claim for divorce with children sample 2018
The first thing you need to figure out is how to write and where to file an application for divorce if there are offspring. Indeed, in this case the issue of divorce is not simply resolved. In addition, a dispute may arise regarding:
- how the collection of alimony will proceed;
- with whom the children will live, that is, the question of determining their place of residence;
- will it happen now? ex-wife husband to receive money for his maintenance;
- How will the division of property proceed?
Many controversial issues could be resolved marriage contract. But newlyweds do not always decide to contact a lawyer - this is a rare case. Lack of understanding and mutual reproach are more common.
Where to submit?
Many people are interested in: where to file documents for divorce if you have a child - to the registry office, the regional registration authority, or will they be immediately considered by a justice of the peace? In most cases, it is necessary to submit a correctly completed application to the court at the defendant’s place of residence. And when filing a claim, a state fee is paid.
It is also important to know how to apply. It is necessary not only to write a standard claim, for which you can follow the template, you also need to attach these documents and their copies:
- marriage certificate;
- about the birth of children, one document or two - depending on the number of minors.
Collection of alimony
The collection of alimony does not always go smoothly. Some fathers do not agree that they must pay money until their children come of age or until they graduate from a higher educational institution if they are studying full-time.
Meanwhile, Article 106 Family Code The Russian Federation provides for the recovery of this money through the courts. As for the amount and timing of payment, this is decided individually in each specific case - this is a necessary issue, the solution of which should not be delayed.
Sample application for divorce through court with children 2018
An application for divorce in the presence of minor children will be accepted for consideration only if the document form contains all the necessary data, where it is necessary to indicate the reasons for the divorce, the inability to live together in the future, lead a joint life and raise 2 children.
A month or even later from the moment the documents were submitted, a lawsuit is scheduled. The plaintiff can appear at all meetings, and the date of their holding comes to him in a notification - in an agenda, by email or SMS notification.
Division of property: how it happens
The Family Code stipulates that jointly acquired property must be divided in half between spouses. And it does not take into account who was the main earner and earned a fortune. If the wife did not work, but was engaged in housekeeping and education, then she also has the right to property acquired in the union in any year of cohabitation - it is considered that the family earns all this. Moreover, we can talk not only about an apartment, but also about a car driven by the husband.
Determining the child’s place of residence
Compilation statement of claim implies the ability to specify additional requirements. Applications for determination of place of residence may be submitted. One of the spouses may propose that the son or daughter live with him. But if there is no proper level of comfort or necessary for normal life level of earnings, then the court may decide that the son or daughter should live with the other parent.
Application form for divorce through court with children 2018 download
Anyone who has gone through a divorce process knows how important it is to fill out all the paperwork correctly. The slightest shortcomings will lead to the fact that the papers will lie without consideration or they will be returned to the applicant for revision. Therefore, it makes sense to download the act below, based on which you can fill out all the paperwork.
Application form for divorce through court with children 2018 can be downloaded for free
To the world court
The document form “Statement of Claim for Divorce” belongs to the heading “Statement of Claim”. Save the link to the document in in social networks or download it to your computer.
To the magistrate of court district No.__
cities ___________________
Plaintiff: ______________________
Respondent: _______________________
Statement of claim
about divorce
I got married to the defendant _____________________.
The marriage was registered by the Civil Registry Office of the City Administration _____________________, about which an entry was made in the marriage registration book under No. _____.
From this marriage we have a minor daughter born in _________________.
In fact, the marital relationship between me and the defendant ended three years ago, and we have not lived together since that time.
The reason for the breakdown of the family was the incompatibility of characters and lack of mutual understanding. Further life together and I consider saving the family impossible. Reconciliation between me and the defendant is impossible.
There is no dispute about the division of property that is our joint property.
In accordance with paragraph 1 of Article 21 of the Family Code Russian Federation divorce is carried out in judicial procedure if spouses have common minor children, except for the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to divorce.
Based on the above and in accordance with Article 21 of the Family Code of the Russian Federation,
1. The marriage between me and the defendant ________________, registered ____________________ by the Civil Registry Office of the City Administration _______________________, act record No. _____- dissolved.
application:
1. Copies of the statement of claim by number of parties;
2. Marriage certificate;
3. Copy of birth certificate;
4. Bank receipt for payment of state duty.
G. __________
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An official marriage can be dissolved through the judicial authorities or the registry office. The second option is permissible only if both spouses agree to sever the relationship, there are no common children under 18 years of age, or under circumstances where the presence of the other party is impossible. The implementation of the intention to divorce is expressed by filing an application with the registry office.
The government agency is also contacted in case of divorce through the court, since the final stage of the process is the issuance of a divorce certificate, which is issued only at the registry office. Management consultants divorce proceedings answer the questions: which registry office should I contact, what document form should I fill out, what should I do if the process is delayed?
How to fill out an application for divorce at the registry office correctly?
The application is submitted to the registry office by both spouses jointly, separately, or by only one spouse under certain circumstances that led to the absence of the other half.
In order for the divorce application to be accepted on the first attempt, it must be filled out correctly. The form can be obtained from the registry office. The applicant has the right to download a sample document on the website in advance or fill out a special form on the State Services portal after authorization. One option is to fill out the form by the registry office employee himself. Afterwards, the application is printed and given to the applicant for verification.
It is important not to miss the following points: there should be no corrections in the document (strikeouts, overwriting with an eraser, painting over with a proofreader); All words and numbers must be legible, so spouses with illegible handwriting are better off filling out documents in block letters.
IN joint statement about divorce (form No. 8) indicate:
- personal data about applicants: full name; Date and place of birth; actual place of residence; citizenship, nationality (optional);
- number and date of registration of the marriage certificate;
- the date of registration of the dissolution of the union agreed with both parties;
- number, date of recording the act of divorce;
- details of the documents provided to verify the identity of the spouses;
- full legal name of the government agency receiving the documents;
- surnames chosen by spouses after divorce;
- date and signatures of both spouses.
There are situations when a husband or wife, for objective reasons, cannot appear at the registry office or multifunctional center. Then they prepare statements independently of each other. The signature on the document of the person who failed to appear must be certified by a notary or another authorized person (the head of the correctional institution for persons in custody).
If one of the spouses is imprisoned for a period exceeding 3 years, is missing, is incompetent, and this is recognized in court, the application indicates the reasons for the absence of the opponent. For divorce, another form is filled out (No. 9), in which the spouse indicates:
- personal data: full name, place of residence, citizenship and nationality;
- passport details;
- details of the marriage certificate;
- full name of the government agency registering the divorce;
- the date on which the divorce process is scheduled;
- number and date of divorce record;
- surnames after divorce;
- the grounds for divorce are indicated.
When the second spouse is sentenced to imprisonment, the name of the court that passed the sentence, the date of the court decision, and the term of imprisonment are entered; in case of incapacity or unknown absence, the name of the court and the date of the relevant decision are also indicated.
When submitting documents unilaterally, the spouse in prison and the guardian of the incapacitated spouse must be notified of the filing of the application within at least 30 days. In the absence of a guardian, the registry office notifies the guardianship and trusteeship authorities of the divorce.
Form
There are several application forms: numbers 8, 9 and 10. Each of them is submitted according to a specific life situation.
The forms in force in 2019 were approved by Decree of the Government of the Russian Federation No. 1274 of October 31, 1998.
Form 8
The most common. It is filed if both spouses agree to a divorce, there are no property disputes between them, and they do not have common half-blooded or adopted minor children.
Sample application for divorce to the registry office 2019
If one of the spouses wishes to change their surname, they must pay a state fee of 1,600 rubles. (Article 333.26 of the Tax Code of the Russian Federation).
Step 3
Collection of documents in accordance with the form of the submitted application. In each of possible options You must attach proof of payment of the state fee (check, receipt).
Step 4
Receiving a divorce certificate completes the procedure for dissolving the union at the registry office.
You can avoid several visits to the registry office by using the State Services portal. In this case it is necessary:
- Complete registration. Of the 3 possible forms of identification (simplified, standard, confirmed), choose the last one. To register, you can receive a login and password by registered mail, go to Rostelecom in person, or use an electronic signature.
- Find applications for registering a divorce on the portal by using the “search” line.
- Fill in the lines highlighted in red.
- Upload scanned copies of documents: passport, SNILS, marriage certificate, court decision (if necessary).
- A notification about the need to visit the registry office indicating the date and time will be sent by SMS message or by mail.
Before visiting a government agency, you must pay a state fee.
If the decision to divorce is ripe, the first step towards it will be preparing and filing an application for divorce. With mutual consent, it is served both spouses, and in the absence of consent, the claiming party will be considered the plaintiff. In general, the application can be one of two types:
Sample applications for judicial divorce are often posted in courts. Based on them, it is recommended to prepare your individual application describing the reasons and other individual information. At the same time, documents are submitted to the Civil Registry Office using a single form approved by Decree of the Government of the Russian Federation dated October 31, 1998 No. 1274 “On approval of application forms for state registration acts of civil status...”
How to file for divorce?
Two bodies are authorized to carry out a divorce in the Russian Federation: the civil registry office (an abbreviation for “civil status record”) and the court. In the first case, the divorce will take place with less time and nerves. The second option is implied if the couple has minor children or the spouses cannot agree on the terms of the division of common property and on other issues (in other words, if they are not allowed to divorce in the registry office by law).
- If the parties have maintained a relationship that allows them to reach an agreement, no irreconcilable disputes arise, the couple does not have minor offspring, she can divorce in a simple and civilized way by submitting an application to the registry office (clause 1 of article 19 of the Family Code (FC) of the Russian Federation). It is signed by husband and wife and is confirmation mutual consent to divorce.
- It will be necessary to dissolve the marriage through the court if the couple has children who have not reached the age of majority, one of the spouses opposes the divorce or avoids filing an application with the registry office (Article 21 of the RF IC). As part of a divorce claim, judges may consider the issue of paying alimony to the person in need and the place of residence of the common children.
- Even if a couple has a child or several, and only one spouse wants to divorce, in some cases he can do this through the registry office. According to paragraph 2 of Art. 19 of the RF IC, we will implement a divorce in this way if the second partner incapacitated, in prison or missing.
For citizens living abroad, the powers of an employee of the civil registry office in accepting an application and registering a divorce can be performed by consular officer. However, it is not vested with the functions of the judiciary.
Example. The spouse will not be considered missing until the court recognizes this. If he disappeared in an unknown direction, does not live with his family, and does not give any news about himself, before filing an application it is worth making inquiries about him according to his last famous place residence, interview relatives and friends. Then there is an alternative: either submit an application to the judicial authority to declare him missing, and then go to the registry office to get a divorce with this decision. Or immediately apply to the court for divorce at the last known place of registration of the spouse. The claim should indicate that the whereabouts of the husband are unknown. The court will contact the passport office at the known address of the spouse to verify the information.
Application for divorce at the registry office
You can declare your desire to get a divorce by submitting an application to the nearest registry office. The document is prepared in two copies. It does not require reasons why people get divorced. Must participate in its submission both spouses those who agree to divorce, or one, if a unilateral divorce through the registry office is permissible.
- Preparing an application implies writing it according to an established pattern. Copies of passports, marriage certificates, as well as the original payment receipt are attached to this document. The latter is paid by both spouses in case of divorce by mutual agreement and by one if the dissolution of the marriage occurs by a court decision that has entered into force, regardless of the consent of the other.
- Submitting an application to the Civil Registry Office carried out at the place of residence by the spouses jointly or by one of them, if it is. The document from citizens is registered by a department employee, and the date for the next visit to the organization is set. Usually spouses are invited to come in a month, but not earlier (clause 3 of article 19 of the RF IC).
Sample application for divorce by mutual consent
In case the termination marital relations is happening by mutual consent of the spouses, then they fill out and submit to the registry office an application according to the sample below. It is signed by both parties.
You can view and download an application form for divorce by mutual consent of the spouses
Sample application for divorce through the registry office unilaterally
If one of the spouses is recognized by the court as missing, incompetent, or sentenced to imprisonment for a term of more than three years, then an application is submitted in Form 9, allowing divorce unilaterally through the registry office. The completed form is signed and submitted to the civil registry department solely by the second spouse (for example, without a husband).
Read the contents and download a sample application for unilateral divorce
Statement of claim for divorce in court
Before submitting an application, you need to determine (worldwide or regional, at the place of residence of the applicant or defendant?), formulate the requirements and collect necessary documents, copies of which must be attached to the claim. In this case, all documentation is prepared in duplicate(separately for the plaintiff and for the defendant).
- Preparation of a statement of claim involves the collection of documentary evidence (copies of passports, marriage and birth certificates, documents for jointly acquired property, if the latter is necessary). The claim must indicate: the full names of the plaintiff and the defendant (one of them is usually the husband, the second - the wife), their dates of birth, the name of the court, information about the place and time of registration of the marriage, what kind of marriage each has, whether there are children and information about them. The reasons and circumstances of the divorce and requirements are stated.
- Filing an application to court implies an appeal to a magistrate if there is no dispute between the spouses about children or it is necessary to divide property worth no more than 50 thousand rubles. If it is necessary to divide property more expensive than this amount, you should determine the place of residence of the offspring, you must contact district court .
Please note that when applying for a divorce in court, you will also have to pay for filing a statement of claim.
Example. When going to court, a spouse seeking a divorce, in addition to the basic requirements for divorce, can indicate in the application the accompanying ones, if they relate to the scope family law. Among them may be questions about the payment of alimony for children or a spouse deprived of the ability to earn money (disabled), about the place of residence of the children after the parents leave, about participation in the upbringing and maintenance of children. Also, at the same time, the court can resolve a dispute over the division of property. However, if the list of requirements increases, the period for consideration of the claim may increase significantly, as well as the amount of the state duty. The size of the latter depends on whether the division of property will be considered during the divorce, and on the price of this property.
Legal and arbitrage practice shows that the claim for divorce should be considered separately from other claims. This will prevent you from delaying the matter and missing out on important details of each issue.
Example. If the defendant’s place of residence is in another city, divorce applications and documents are allowed to be submitted to the court not in person, but sent by mail. Then each copy must be certified by a notary, and a letter must be sent with a detailed description and notification of receipt. The original receipt for payment of the state duty must be attached to the letter. To pay the latter, you must find out in advance the details of the court to which the claim is being filed.
The moment of termination of marriage upon its dissolution
When applying to the registry office, the moment of divorce is considered to be the day the divorce is registered in the register book. Judicial proceedings assume that the family union will be considered dissolved from the date the court decision enters into force. In the latter case, divorce is also necessary register at the registry office in order to receive .
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- After submitting the application and until the moment of divorce, the civil registry office takes place at least a month. This period is set so that the spouses can think about the decision made. A couple who has filed for divorce is given a date to appear and confirm their intentions. If they do not change their mind and come to confirm the divorce will be entered into the register, and each spouse will receive a copy of the divorce certificate.
- From the date of application to the court until the moment of divorce at least two months. The first meeting cannot be scheduled earlier than a month after filing the application (Clause 2 of Article 23 of the RF IC). If a couple mutual consent it will be divorced, another 30 days pass before the court decision comes into force (in case someone decides to challenge it).
When considering a case in a judicial body, if there are irreconcilable disputes, the period may be significantly delayed.
Conclusion
- For a divorce, you must apply to the registry office if both spouses agree for divorce, and the couple does not have joint minor children.
- One of the spouses can dissolve a marriage in the same way, even if there are children, if the other is serving a sentence in prison, is unable to answer for his actions, or is missing.
- You will have to get a divorce through the court if there is a family offspring who have not reached adulthood, one spouse doesn't want to end the marriage or actually avoids filing for divorce.
- The application for divorce must be accompanied by supporting documents (copies of passports, marriage and birth certificates, etc.).
- When going to court, it is recommended differentiate requirements, if there is more than one, and file a separate claim for each (for example, for divorce and for alimony).
- The moment of divorce is considered the day this was recorded in the register(when contacting the registry office).
- In case of divorce through the court, the marriage will be considered dissolved from the date it enters into legal force. court decision.
Question answer
I am going to file for divorce in court in St. Petersburg. I am a citizen of Kazakhstan (but in Russia I have property and a residence permit), and my husband is Russian. Tell me, will this be a divorce from a foreigner or not?
If the husband is Russian, then this is the most common divorce.
Yesterday there was a trial for divorce from my wife, I was the plaintiff. We got divorced, but I changed my mind! Is it possible to withdraw the divorce petition now or come up with something else?
The only thing you can try is to file an appeal. But if the court upheld the claim, it is unlikely that anything will change. Get it. After that, try to persuade ex-wife marry you again.
My husband and I live in an apartment we bought together, we have a 1.5-year-old daughter. For the last few months, the husband has been drinking, returning in the morning and making a row in front of the child. No amount of persuasion helps, he doesn’t give money for the child. Can I file for divorce if only I want it and he is against it?
Divorce is your right. You write a statement in which you address the magistrate, after a month he will schedule the first meeting. Most likely, you will be given time to think and change your decision. But the next meeting will be scheduled no later than three months later (clause 2 of article 22 of the RF IC). If you insist and your spouse continues to object, you should still be divorced. If you want to divide the apartment in one fell swoop, you should file a claim for divorce and at the same time for division of property in the district court. But it is better to get a divorce first, and only then divide the property.
