An application for divorce is a serious step, which must be taken after weighing and thinking it over. It should be filed in court only if you have minor children, there is an acute issue of division of custody over them, or one of the spouses avoids divorce.
Necessary
- - an experienced lawyer;
- - marriage certificate;
- - copies of birth certificates of children;
- - documents on earnings and other sources of income of the spouses;
- - other necessary documents that are relevant to the case;
- - receipt of payment of state duty.
Instructions
Step 1
An application for divorce, which is submitted not to the civil registry office, but to the court, is called a claim. Therefore, according to the law, it must meet the requirements of Art. Art. 131, 132 of the Code of Civil Procedure of the Russian Federation and the Family Code of the Russian Federation. In any case, if you decide on this serious step, then the first thing to do is seek the advice of an experienced lawyer. He will explain to you the process of filing a claim for divorce, advise you step by step on the procedure for filing documents, as well as on all the subtleties and possible problems.
Step 2
The first step is to decide which court you need to submit your documents to. If there is no dispute between the spouses on custody of children, there are no other disagreements and requirements, then such a claim should be filed with a magistrate's court. In all other cases, documents are sent to the district court, usually at the place of residence of the defendant. The exception is cases when the plaintiff for health reasons cannot appear in court at the place of residence of the defendant, or if the plaintiff is with a minor child. In this case, the claim is filed at the applicant's registration address. In the application itself, you need to take into account the place of its submission, and therefore it will be problematic to draw up it without the help or advice of a lawyer.
Step 3
The next step is to pay the state duty for filing a statement of claim for divorce. According to paragraph 5 of Art. 339 of the Tax Code of the Russian Federation, the state duty is 200 rubles.
Step 4
The statement of claim is submitted in writing. It is based on a declaration of desire to dissolve the marriage by one of the spouses. If the plaintiff has any other claims against the defendant, this should be reflected in the statement. An example of such requirements may be a requirement to collect alimony for the maintenance of a child, alimony for the spouse himself, as well as a requirement to divide jointly acquired property.
Step 5
Below are the main requirements that apply to a statement of claim in accordance with Art. 131. Code of Civil Procedure of the Russian Federation.
The statement of claim for divorce should indicate:
- place and date of marriage registration;
- the presence of common children, their age;
- whether the spouses have reached an agreement on the maintenance and upbringing of children;
- in the absence of consent to the dissolution of the marriage - the motives for the dissolution of the marriage;
- the presence of other requirements that can be considered simultaneously with the claim for divorce.
Step 6
Documents required in the attachment to the claim:
- marriage certificate;
- copies of birth certificates of children;
- receipt of payment of the state duty;
- documents confirming earnings and the amount of other sources of income.
