The concept of "divorce" in modern legislation has been replaced by the term "divorce". With the consent of the spouses to dissolve the marriage, the absence of common minor children, as well as if one of the spouses is recognized by the court as missing or incompetent or was sentenced to deprivation for more than 3 years, the marriage is dissolved in the registry office, in all other cases - only through the court.
Necessary
- - paper;
- - a pen;
- - Marriage certificate;
- - a copy of the birth certificate of a common child;
- - money to pay the duty;
- - other documents required by the court.
Instructions
Step 1
Divorce proceedings begin with the filing of an application for divorce in court. When drawing up an application, it is necessary to be guided by the judicial practice of the Supreme Court of the Russian Federation and the norms of the Civil Procedure Code of the Russian Federation. You can only submit an application in writing.
Step 2
One of the mandatory requisites of the application is the name of the court to which the application is submitted. As a general rule, divorce cases are considered by the justices of the peace, but this is possible only if there is no dispute about children. If there is a disagreement, the application is submitted to the district court. As a general rule, the application must be made at the place of residence of the defendant. However, in accordance with Art. 29 of the Family Code of the Russian Federation, there are a number of exceptions. Applications for divorce are filed with the court at the place of residence of the plaintiff if he is with a minor or, for health reasons, the plaintiff cannot travel to the place of residence of the defendant.
Step 3
Further, in the application, it is necessary to indicate the surname, name and patronymic of the applicant, as well as the address of his residence and the surname, name and patronymic of the defendant (second spouse) and the address of his place of residence. If the application is submitted by representatives of the plaintiff, then you must indicate his address and name. Then the date of registration of the marriage is indicated and in case of property disputes, the date of the end of the actual cohabitation of the spouses is necessary.
Step 4
If the spouse (respondent) does not object to the dissolution of the marriage, this must also be indicated in the application. Information about the presence of common minor children must be indicated: their number, age, place of residence and with whom they will remain after the dissolution of the marriage. If there is no disagreement between the spouses on this issue, then these paragraphs can be skipped.
Step 5
Next, there should be a request for a divorce. The reasons need to be stated briefly, clearly, correctly and accurately. Blatant accusations against the defendant are inadmissible. At the end, the requirements for the recovery of alimony for the maintenance of minor children or the plaintiff himself, as well as the requirements for the division of property, are indicated.
Step 6
A number of documents must be attached to the application for divorce:
- original marriage certificate;
- copies of birth certificates of common children;
- documents confirming the payment of state. duties (in the amount of 400 rubles);
- when filing claims for the recovery of alimony, documents confirming earnings and the amount of other income are also attached;
- other documents that may be required by the court in accordance with the Code of Civil Procedure of the Russian Federation.
Step 7
The statement of claim is signed by the plaintiff or his representative if the latter has the authority to do so.
Step 8
Filing an application for divorce in contradiction to the procedure established by law, as well as violation of the requirements for it, may result in the abandonment of the claim without movement or even refusal to accept this application for production.
