Depending on the specific conditions, the law provides for divorce in the registry office and in court. Sometimes it is difficult for spouses to figure out which authority to apply with a statement, what to indicate in it and what documents are needed for a divorce.
It is necessary
Passport, marriage certificate, TIN, birth certificates of children
Instructions
Step 1
Divorce in the registry office is possible with the consent of both spouses and if they do not have common minor children. The registry office will give an application form (form No. 8), which is submitted by both spouses.
The statement indicates:
1. Name of spouses, their passport data, citizenship, place of birth and residence, nationality;
2. The date and number of the record of the marriage registration act and by which registry office it was registered;
3. The text of the statement, which contains the request of the spouses to dissolve the marriage and indicate the names that the spouses will keep for themselves after the divorce;
4. Date and signatures of the spouses.
The application for divorce is accompanied by the spouses' passports, marriage certificate and a receipt for payment of the state duty.
Divorce occurs one month after the filing of the application. During this time, either spouse can withdraw the application.
Step 2
Divorce is possible in the registry office also at the request of one spouse, even if there are common minor children, if the other spouse is recognized by the court as incompetent, missing, or sentenced to imprisonment for more than 3 years. In this case, the application for divorce is filled in according to form No. 9. In addition to the above documents, an extract from the court ruling on the recognition of the spouse as incompetent or missing, or from the court verdict is attached to the application.
Step 3
The Magistrate's Court considers a divorce case on the application of one of the spouses if:
1. One of the spouses avoids divorce in the registry office;
2. There are no disputes about the further living and upbringing of children;
3. There are no disputes about the division of property acquired in marriage and the payment of alimony.
If the value of the disputed property does not exceed 50 thousand rubles, the case is also considered by the magistrate.
The statement of claim contains:
1. The name of the court or the name of the magistrate;
2. Name and place of residence of the plaintiff and the defendant
3. Date and place of marriage;
4. Information about the defendant's consent to divorce;
5. Information about common minor children and their place of residence after divorce;
6. Request for divorce, indicating the reasons, recovery of alimony and division of property.
Attachment to the statement of claim:
1. Certificate of marriage;
2. Birth certificates of common minor children;
3. Certificate of income of the spouses;
4. Inventory of jointly acquired property;
5. A copy of the statement of claim and a receipt for payment of the state duty.
Divorce cases are considered by the magistrate within 1 month.
Step 4
The district or city court considers the application if the spouses failed to reach an agreement on the accommodation of common minor children, on the payment of alimony and the division of joint property, the cost of which exceeds 50 thousand rubles. The statement of claim is drawn up in the same way as for the magistrate court.
The term for consideration of a divorce case in a district court is no more than 2 months. from the moment of filing the statement of claim, however in some cases this period can be extended up to 3 months.
