As a rule, a statement of claim for divorce is filed with the court if the spouses have minor children or disputes over the division of property. If both parties agree to terminate the spousal relationship, then such claims are considered by the registry office.
Instructions
Step 1
Claims for divorce are considered by justices of the peace. To file a claim for divorce, you must have at least one of the following grounds: minor children, a dispute over the division of property, or the disagreement of one of the parties with the divorce.
Step 2
Before writing a lawsuit for divorce, it is necessary to clarify the territorial jurisdiction. You can apply to the district court at your place of residence or at the address of the defendant.
Step 3
There are two exceptions in this case. If the plaintiff does not know about the location of the defendant, then the claim is filed in the area corresponding to the location of the real estate of the second party. If the defendant does not have real estate and it is not possible to establish his place of residence, then the claim is filed in the area corresponding to the last known address of the defendant.
Step 4
The following information is indicated in the statement of claim for divorce:
- FULL NAME. judges and the name of the court;
- full name, contact and passport details of the plaintiff and the defendant;
- place and date of marriage;
- claims and the reason for the decision to divorce.
Step 5
In addition, the claim will need to attach a copy and original of the marriage certificate, a copy of the birth certificate of children, documents confirming the ownership of the property to be divided, a receipt for payment of the state fee. The list of these documents can be supplemented at the request of the plaintiff.
Step 6
The claimant can file a statement of claim for divorce in person or his representative, who, in turn, will need to present the appropriate power of attorney to the judge.
