Russians can dissolve a marriage in a civil registry office (registry office) or in court. The first option is considered "peaceful", because spouses get divorced by mutual agreement, without making mutual claims. An application for divorce is filed in court when a married couple is raising minor children or does not have a consensus on the division of joint property, or one of the spouses does not at all agree to a divorce. Drawing up a statement of claim requires compliance with certain legal formalities.
Necessary
- - copy of the statement of claim;
- - original marriage certificate;
- - a copy of the child's birth certificate;
- - receipt of payment of the state duty;
- - certificate of wages of the spouses (upon presentation of alimony claims);
- - an inventory of joint property acquired in marriage (upon presentation of requirements for the division of property).
Instructions
Step 1
Find out the jurisdiction of your divorce proceedings, i.e. Determine which court you need to file a claim with. A district (city) court or a magistrate of a territorial division can dissolve a marriage. The competence of justices of the peace includes those processes in which the spouses have reached an agreement on the maintenance and upbringing of children, as well as on the division of joint property.
Step 2
In addition, there is a general territorial rule of jurisdiction for divorce cases: a claim is filed at the place of residence (registration) of the defendant. But the magistrate's court will take into consideration the application for divorce at the place of residence of the plaintiff if he has minor children in his care, or his state of health interferes with a trip to another court.
Step 3
Prepare a written statement of claim. Write in legible, unabridged handwriting on plain A4 paper. Usually in courts on information stands you can find a sample of a statement of claim - use it.
Step 4
In the application, be sure to indicate the following information: - the full name of the court or the surname and initials of the magistrate and the territorial judicial section; - the surname, name, patronymic of the plaintiff, his address (by registration and actual residence), telephone; - surname, name, patronymic of the defendant, his address (by registration and actual residence), telephone; - grounds and evidence of the plaintiff's claims; - clarification of the reasons why the marriage cannot be dissolved by the registry office; - a list of attached documents.
Step 5
Begin your application by specifying the date of your marriage and the end of your marriage relationship, for example, “On June 14, 2002, I married and lived with the defendant until June 14, 2011.” Then indicate where the marriage was registered.
Step 6
Indicate the last name, first names, patronymics and dates of birth of minor children joint with the defendant, as well as whether agreement has been reached on the issues of their further residence, material support and upbringing.
Step 7
Explain the reason why you decided to end the marriage. Most often, a neutral wording is used: "Family life did not work out due to the incompatibility of characters." However, you can indicate another reason (several reasons), for example, infidelity of a spouse, alcoholism, drug addiction, gambling addiction, financial disagreements, etc.
Step 8
Indicate the date on which the marriage relationship between the spouses actually ended. Check if there is a common household and if there are disputes over property issues.
Step 9
After the above information, contact the court directly with a request for divorce: "Based on the above, I ask the court, in accordance with Article 21 of the Family Code of the Russian Federation, to dissolve the marriage between me and the defendant." At the end of the application, put a personal signature and its transcript.
Step 10
Prepare the documents to be attached to the statement of claim. The list of them may vary depending on the requirements of the plaintiff. The approximate list includes: - a copy of the statement of claim (for the defendant); - the original of the marriage certificate; - a copy of the birth certificate of each common child; - a receipt for payment of the state fee; - a certificate of salary of the spouses (upon presentation of alimony claims); - an inventory of property acquired in marriage (upon presentation of claims for the division of property).
Step 11
Take the application to the court in person. Be sure to take with you a passport of a citizen of the Russian Federation or a document replacing it.
