What do you need for divorce proceedings? Complete package of documents for divorce

The divorce process is an unpleasant procedure in all respects.

Psychological stress is diluted by the need to go through many bureaucratic procedures.

Often people who decide to get a divorce have little idea where to start and where to turn with questions about divorces.

What do you need to file for divorce from your husband (wife) and where to apply? The list of necessary documents for the implementation of a divorce, filing documents, varies according to a variety of accompanying circumstances.

The main criteria for determining further actions are as follows:

Divorce will be carried out through the registry office, or in court.
Do both spouses agree to the dissolution of the marriage?

Of the divorce procedures, this one is the simplest.

Only couples can get a divorce through the registry office:

Where both spouses agree to a divorce.
There are no joint minor children in the family.
The spouses do not have property disputes.

Registry offices are not called upon to resolve legal disputes between citizens, they exclusively record the already held regulations. Therefore, the presence of any disagreement regarding divorce immediately sends them to the court.

Incapacity of one of the spouses. But: the impossibility of appearing for this reason must be established in court.
The court decision ruled that one of the spouses was missing.
One of the spouses, by a court verdict, is deprived of liberty at the time of filing the divorce papers.

What documents are needed for a divorce through the registry office

If both spouses agree to a divorce, you will need to prepare the following:

Statement. To be completed on the same form by both spouses.
Marriage certificate. The law prohibits having both certificates of marriage and divorce at the same time. The latter cannot be issued without handing over the first to the registry office staff.
Receipt indicating payment of duty.

If the application is submitted only, then the following documents will be required for a divorce:

statement;
marriage certificate;
receipt;
a court decision allowing the absence of a second spouse.

Divorce in court

Consider what documents are needed to file for divorce through the courts.

If it is necessary to apply to the court, the spouses will need a basic set of documents, as well as additional papers, as decided by the court.

The initial set of required documents is as follows:

A copy of the passport of the applicant's spouse.
Duty check.
A copy of the statement of claim for transfer to the second spouse.
Copies of children's birth certificates and their registration.
If the claim was filed by the representative of the spouse, there must be an act confirming the right of the representative to these actions.
When a claim is filed by a spouse whose wife is pregnant or has a child under one year old, there must be confirmation of her consent to filing a claim.

Other documents are required according to the circumstances of the divorce: claims, separation of children, etc.

When filing a claim by the spouses, the court proceedings may also raise questions about the decision to divide the jointly acquired property, or the maintenance of one of the spouses on alimony basis.

Applying for alimony: how and where

Let's talk about after the divorce.

The easiest way to resolve the issue of alimony is a conclusion in writing, notarized.

The agreement stipulates all the conditions under which alimony payments will be made: the frequency and method of transmission.

When an agreement is reached, which is the most civilized method of solving this problem, an appeal to the court is not required.

If there is no way to reach an agreement, you should go to court. Such cases are handled by the world courts. The claim is filed at the place of residence of the plaintiff, or in the area where the defendant lives. The appeal itself has 2 forms:

Application for a court order.
Filing a lawsuit.

Point number 1 is the easiest. The proceedings are held without the involvement of the defendant, the court makes a decision based on the available documents. For a short meeting, you can get a court decision and guarantees for its execution from bailiffs. There are also a number of restrictions on court orders.

The method is applicable only to the payment of alimony in the calculation of the shares of the defendant's salary and applies exclusively to minor children. Also, the quick method is not suitable when the second spouse is ready to challenge the need for alimony.

Item number 2 is possible only when filing an application for a claim. Litigation will be very complex, since both parties are required to participate in them and they are held according to all the canons. But the long method has its advantages: filing a lawsuit with justices of the peace gives the right to resolve any disputes.

Before filing an application, you must file a claim for the recovery of alimony. The difference from the first paragraph is that the decision is made between the claimant and the debtor. The second method provides for the presence of the plaintiff and the defendant.

Expenses for a minor child must be supported by checks, receipts, to justify the amount of payments.

It is good to make a forecast of the costs that may fall on the shoulders of the parent in the period until the child grows up and reaches 18 years of age.

To obtain the most honest result on payments, it is necessary to indicate all sources of the defendant's income, including unofficial ones. Accruals are best requested mixed, and not just shared from the payer's salary. Thus, the child will be insured against jumps in the amount of alimony.

When recovering a debt, you should provide justices of the peace with information about real estate owned by the defendant. This property may be foreclosed and the debt repaid.

Special cases in divorce

With a joint application for residence in a separate form, and mutual consent to divorce, the inability to restore the family, the divorce can go through without collecting additional papers.

In cases where one of the parties insists on maintaining the marriage, the other party may motivate the need for dissolution using the following evidence:

the defendant changed his place of residence;
the defendant does not live with his spouse and children;
the defendant is undergoing treatment for alcoholism;
the defendant committed adultery;
defendant committed an administrative violation.

The same rights have a citizen whose wife or husband is missing, sentenced to serving in places of deprivation of liberty for more than three years and declared mentally or physically incompetent. The same article states that any financial conflicts and other types of disputes can only be resolved with the help of the court.

Articles 21, 22, 23 of the RF IC states that in the event that one of the spouses does not intend to divorce and come to the relevant state bodies, despite the desire of the other, and if their jointly earned property is within the amount of 100 (one hundred) thousand rubles, then such a union can be terminated.

If, during the period lived together, the couple has acquired children who have not yet reached the age of majority, or their property exceeds the limit of the established minimum, then such a process must be formalized in the district court.

In order to start the divorce process, both spouses, and in case of disagreement, one of them, must submit an application to one of the state bodies. Their list includes the registry office, district and world court at the place of registration.

A divorce case, not complicated by various types of disputes, takes place 30 days after the date of filing an application with the local authorities. According to Article 17 of the Family Code of Russia, the husband of a woman who is in a state of expectation of a child, or who has a child, cannot legally demand a divorce. But from a spouse, such a statement can be accepted by the registry office and the court at any time.

The divorce procedure can be extended up to 4-6 months, in the case when the issues of raising children and dividing property together have not been resolved between the spouses.

Stages of divorce

Divorce can be filed unilaterally

Divorce occurs in the following order:

Preparation of required documents;
Competent preparation and submission of the application;
The appearance of the plaintiff in court, as well as notification of the defendant about the progress and presence of court hearings;

If, after the expiration of the period of reconciliation, the spouses did not appear in court, the state has the right to recognize this claim as invalid. Collection of necessary documents for the divorce procedure

List of required documents

Form application to the Civil Registry Office or to the court. It is served in writing and in the personal presence of both or one spouse. The document must indicate the mutual desire and the presence or absence of common children. Such a claim includes the following information:

Data from the certificates proving the identity of the spouses;
Marriage certificate and its data;
Desire to have a premarital surname;
Date and signatures of the parties

In the case of a sole application, the plaintiff must provide the following information:

Full name, date and place of birth, address of registration and nationality of both spouses;
marriage certificate;
Explanation of the reasons for the divorce;
Information about the conditions of claim, which includes the availability and amount of child support and the place of their subsequent residence, the division of property

The statement of claim is submitted to the court at the place of registration of the defendant. In the case when one of the spouses is a foreign citizen or does not have Russian registration, the document is submitted at the place of residence of the plaintiff.

When spouses apply to a world or district court, the law obliges them to provide the following list of documents:

Copies of original statements;
bank receipt;
Documents attached by the plaintiff in accordance with its requirements;
Information about pre-trial settlements of the conflict;
Claimant's statement about the required sums of money;
Marriage certificate;
minor children or their notarized copies;
A document from the archive of the "house book" at the place of residence;
In the case of consideration of cases on the payment of alimony, official information on the income of the defendant;
Documents related to the further education of children;
Written consent to divorce by the defendant, if any;
Notarized marriage contract, if any, at the time of marriage

Most often, the list of documents that may be requested depends on the specific case, the requirements of the parties and the requests of officials, including the judge. The sheet of documents is not declared by law, therefore, most often it is supplemented in the course of the case.

The arguments of a spouse who insists on a divorce and categorically does not want to improve relations with the second spouse may affect the fact that the period of reconciliation will be short. The defendant, in turn, may again file a petition for a conciliatory term with the court.
For the third time after the defendant deliberately failed to appear in court due to unwillingness to divorce, the judge has the right to divorce the spouses in absentia.

Husband against divorce: what actions should a woman take?

Divorce can be carried out peacefully, or through the court

With the help of a qualified legal professional, the wife should write a legally correct and argumentative statement outlining the reasons for the divorce.

Property conflicts and disputes related to children are most effectively resolved during a single court session, when all the necessary documents are presented and the wishes of the parties are expressed.

The wife also pays the divorce fee to the state on her own. After 30 days from the date of filing the claim, legal proceedings begin. The most responsible action of a woman at a meeting is the appearance and a detailed explanation of the reasons for the judge. In the absence of aggravating circumstances, the servant of Themis has the authority to decide on the dissolution of the marriage at the first meeting.

Women are not always aware of the fullness of their rights in a divorce. If during her family life a woman did not work and kept house, she has the right to demand money for her maintenance from her ex-husband. And this type of payment is separate from those paid to minor children. In order to prove the solvency of the defendant, the plaintiff submits to the court proof of his income.

Within ten days from the date of issuance of the court decision, the dissenting party has the right to appeal to a higher authority, or to file a petition for consideration of the case from the beginning.

To obtain an official document on the dissolution of a marriage, former spouses must provide the administration department at the address of the divorce registration and their passport data.

How to file a claim for divorce in court? A video consultation will acquaint you with the sample and rules of writing:

In our article, we will try to explain in as much detail as possible how to properly file an application for divorce and where to file it.

Where to apply: to the registry office or to the court?

An application for divorce is submitted to any of the three indicated instances.

A statement of claim for divorce, filed in a court of general jurisdiction, is similar in form to what is written to a magistrate, but it must describe in detail the essence of the dispute that arose between the spouses. Usually, when filing such an application, plaintiffs turn to the services of lawyers who will help take into account all the subtleties of these difficult cases. You do not need to write in a statement about your feelings and all claims against your spouse who has become disgusted. The court is only interested in the facts.

A little bit of statistics

According to statistics, now every second marriage breaks up. Ten years ago, every third broke up.

After applying

If you filed an application with the registry office, then the consideration takes one month, after which at the appointed time you need to come again and receive a divorce document.

If you went to court, then if there are any violations, the court will be able to refuse to accept your application, return it or leave it without movement. Any of these decisions will be notified to the applicant in writing.

If the petition for divorce is drawn up and filed correctly, then the judge will make a ruling on accepting it for proceedings.

After that, there is a stage of preparation for the court session, during which all the circumstances of the case are studied in detail and the participants in the process are summoned to court. At the court session, the judge finds out whether there are sufficient grounds for the dissolution of the marriage and whether, in fact, the further cohabitation of the spouses is impossible. If one of the spouses continues to oppose the divorce, the judge provides up to three months for their possible reconciliation, after which he appoints a second meeting. If reconciliation does not occur, the court issues an order to dissolve the marriage.

Getting a divorce without the consent of the spouse is a little more difficult than with mutual consent, but possible.

If either spouse disagrees with the court decision, it can be appealed to a higher judicial authority.

With the court decision that has entered into force, you need to contact the registry office and obtain a document on the dissolution of the marriage.

What documents will be asked

In the event of a divorce, the registry office will require each of the spouses to:

a statement of a certain type;
passport;
marriage certificate;
metrics of children (if they are born from this marriage);
receipt for payment of state duty.

If the application is submitted by one spouse in the presence of the above circumstances, then you will need to attach additionally:

a court decision declaring a spouse incompetent or missing;
court verdict on the husband's conviction.

If an application for divorce is filed with the court, then the following are additionally required:

a statement of claim for the division of joint property and determination of the place of residence of joint children;
a power of attorney, if the interests of the divorcees in court are protected by their representatives;
a receipt for payment of an additional state duty, if issues of common property and children are resolved in parallel with the divorce.

How to withdraw an application

To withdraw an application from the registry office, it is enough for both spouses to come there and write another one, indicating the reasons for changing the decision. If only by that time a month had not passed, after which the marriage would already be read terminated.

You can withdraw an application from the divorce court at any stage, but it is advisable to do this before it is accepted by the judge in proceedings.

If you have any questions about the divorce filing procedure, you can ask them in the comments.

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In 2019, the divorce procedure in Russia remains the same. You can dissolve a marriage in an administrative (through the registry office) or in court. It is also possible to file for divorce through the State Services or the MFC (in the event of an administrative divorce). To file for divorce, you must follow all the procedures prescribed by law.

Grounds and ways of dissolution of marriage

The current Russian legislation provides for two options for divorce: (civil registry offices, i.e. in an administrative manner) and (judicial procedure). Of course, from a legal point of view, the easiest way to part is by filing an application with the registry office, but not all divorcing couples have such an opportunity - for example, divorce will have to go to court if the spouses have common minor children, if one of the parties (husband or wife) does not agree to divorce, or if they have disputes about the division of property.

You can apply to the registry office only if certain conditions are met:

both spouses apply jointly, without objecting to the separation, and also do not have common children who are under 18 years old;
only one spouse files for divorce, while the second was either sentenced to a long term for a crime (more than 3 years), or recognized by a judge as incompetent or missing.

Writing an application

An application for divorce must be submitted to the registry office, which may be located:

at the place of residence of both spouses (living together) or at the place of residence of either party;
at the place of registration of the marriage union.

The application must include all information about the spouses (names, surnames, addresses, passport details), as well as the grounds for divorce.

Payment of state duty

In the event of a divorce, each of the parties to family relations must pay for the state service of dissolution of the family union. According to the current tax legislation, the amount of this fee is set at 650 rubles from each spouse.

If a marriage is terminated unilaterally on the basis of incapacity, unknown absence or conviction of one of the spouses for a long period, the second spouse pays only 350 rubles. With this kind of divorce, you need to remember that:

This period is provided so that the divorcees can rethink the decision. Only after confirming the readiness to complete the divorce procedure, the former spouses will be issued a certificate of divorce.

You can also apply for a divorce at the registry office or.

Divorce in court

Any judicial procedure always provides for certain difficulties and duration of the resolution of the case. This is also true for divorce proceedings. Divorce should be done through the court if:

the husband and wife have common children who have not reached the age of majority;
spouses cannot independently resolve property disputes;
one of the spouses does not agree to parting amicably or refuses to submit a joint application to the registry office.

Appeal to the court begins with filing a claim for divorce, which must be drawn up in accordance with all the rules for its speedy acceptance by the court for consideration.

Which court to apply to

Charges for filing a lawsuit National tax:

600 rubles for a simple divorce;
up to 60,000 rubles when dividing property (the amount of state duty in this case depends on the price of the claim).

Deadline for reconciliation

The judge, at his discretion, determines whether it is possible to save the family. Even if there is even a minimal probability, then he can appoint a husband and wife a period for reconciliation. Such a term cannot be more than 3 months but cannot be less than 1 month. In order to reduce the time limit set by the court, the parties have the right to ask the court to do so, providing justification for such a reduction.

Court session and issues resolved by the court in its course

The court session is held on the day appointed by the judge. The parties will be notified in advance of this date and time of the hearing. The following issues may be resolved by the court:

About collecting child support.
About recovery (spouse).

The court's decision

In the divorce process, a court decision is one main document, because it is on its basis that the marriage will be recognized as dissolved. In addition, it is on the basis of the decision of the judicial authority that a certificate of divorce is issued.

The decision of the court on divorce entails legal consequences only after it enters into force. To do this, it is necessary that a month has passed after its issuance, allotted for the possibility of appealing it.

Judgment can be appealed to a higher authority. This can be done not only by the plaintiff or defendant, but also by any third party participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of the dissolution of the marriage itself, but also how the court divided the jointly acquired property or determined the place of residence of the children.

Certificate of divorce and the possibility of changing the surname

Certificate divorce is issued by the registry office. To obtain it, you must submit an extract from the court decision on divorce. An extract (it indicates everything that the registry office should take into account when taking actions to issue a certificate) must be issued within 3 days from the date the decision comes into force. If it is difficult or impossible to obtain it, then a copy of the court decision is also suitable for presentation. The certificate is issued to each party, to obtain it you need to pay a state duty in the amount of 650 rubles from each spouse. In case of its subsequent loss, it can be restored by re-paying the state duty.

After divorce spouses have the right to change their surname. This must be done at the time of registration of a divorce in the registry office, that is, when applying for a divorce certificate. Remember that when you change your surname, you will also have to change your passport!

Special cases

When a marriage is dissolved, there may be situations that require separate consideration.

Divorce without the presence of a spouse

Divorce without the presence of one of the parties is possible in the following cases:

if the spouse is physically unable to be present in court or the registry office;
if the spouse does not agree to parting and expresses this by his absence;
if the spouse is recognized by the court as incompetent, missing, or convicted for a term of 3 years and is in prison.

If one of the spouses cannot be present during the divorce procedure, he can authorize a trusted person to represent his own interests.

The court may also conduct a trial in absentia. In this case, the defendant is informed about the divorce process, while he must report the impossibility of attending the meeting and ask to postpone the hearing or consider the case without it, but if he did not use this right, the court will make a decision in absentia.

In the event that the defendant fails to attend the hearing three times for reasons that cannot be recognized as valid, the court at the last hearing makes a decision on divorce.

With mutual consent, both the employees of the registry office and the judge can dissolve the marriage in the presence of only one of the parties. At the same time, it must be remembered that in the absence of mutual consent, a marriage can only be dissolved through a judicial procedure.

Divorce with a foreigner

It is possible to terminate a marriage union with a foreign citizen in Russia both through the registry office and in court.

Administrative divorce produced according to the standard procedure for the Russian Federation. It is also possible to dissolve a marriage without the presence of a foreign spouse, but in this case, his application, certified by a notary, will be required.
Divorce in court may be accompanied by a number of difficulties in the absence of a foreign spouse on the territory of the Russian Federation. In such a situation, divorce is possible without the presence of this spouse, but his application will be required, as well as full observance of his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted spouse

If one of the spouses has been sentenced to a term of 3 years or more and is in places of deprivation of liberty, then the second spouse may terminate the marriage with him in an administrative manner. Such a procedure is possible even if there are common minor children.

Everyone knows that divorce is a psychologically stressful and morally exhausting business. Everyone also knows that the process takes place in court. But not everyone is aware that in some cases it is not necessary to go to court to get a divorce, it is enough to visit a special body that registers birth, death, marriage and divorce. So in what cases do you need to go to court, and in which to the registry office? And what documents for divorce through the registry office need to be collected? And if there are disputes regarding minor offspring and property acquired by both spouses jointly? And are there any differences in the list of documents that are sent to the registry office in the capital and in other regions of the subjects of the federation? We'll figure out.

What does the letter of the law say?

So, they go to court in cases where someone's right protected by law is violated or infringed. The court, by its final decision, restores this violated right. Or there is a dispute between citizens, which cannot be resolved without the intervention of third parties, especially state bodies. There are other cases when it is necessary to go to court, but they are very distantly related to the topic of the article telling about what documents for divorce through the registry office, so we will not touch on them here.

When to court, and when to the registry office?

Which body to apply to depends on the will of the spouses themselves. And the key point here will be the desire to dissolve the marriage, the ability to negotiate among themselves, as well as the presence of joint children and property. If a man and a woman are quite capable of independently agreeing among themselves and resolving issues related to the division of property, then documents for divorce are collected through the registry office. If there is a child, then in order to protect his property and non-property rights and interests, it is necessary to prepare a package of documents for the court. In the registry office, divorce is easier than in court. To obtain freedom from a spouse, it is enough to collect all the documents provided for by the instructions of the body for divorce through the registry office. If the property cannot be divided independently, and, moreover, it is impossible to agree on the residence of the children, then the existing dispute will be resolved for the spouses by a state official dressed in a mantle.

What documents are submitted to the registry office to obtain a divorce?

We found out in which cases you need to go for a divorce to the registry office. Now about what documents for divorce through the registry office you need to provide. The list is as follows:

application in the prescribed form;
the original document on the conclusion of the marriage union;
a document that confirms the payment of the state duty (at the time of writing, it is 650 rubles, and the specified amount is collected from each of the divorced spouses);
passports.

The legislation determines that spouses with minor children terminate the marriage bond in a judicial proceeding. The rule applies to those couples who have common minor offspring or adopted children. Children who have reached the age of majority or from previous marriages will not be an obstacle to the dissolution of the marriage union. If there is a child, then documents for divorce through the registry office are sent to the court at the place of residence of one of the divorcing spouses.

Divorce in the registry office without the second half - is it possible?

It should be noted that there are cases when it is possible to get a divorce in the registry office even in the absence of a second spouse. The legislator defined the following situations:

One of the spouses was declared missing by the court. This means that before the decision was made, he was absent from his place of permanent residence for more than six months in a row, and there is no information about his stay with relatives.
One spouse is incompetent. Again, the confirmation of incapacity must be an appropriate court decision.
One of the spouses was sentenced to more than three years in prison.

If one of the listed situations exists, documents for divorce are provided through the registry office. In the presence of minor children, copies of certificates certifying their birth are additionally provided.

The list looks like this:

passport;
a document confirming the payment of the state duty;
court decision on recognition as missing or incapacitated, or a court verdict;
statement.

How does the termination mechanism work in the registry office?

The dissolution of the marriage union both in the registry office and in court does not occur immediately. In order to verify the decision taken, the court is given a period for reconciliation of the parties, which cannot be less than one month. And in the registry office, a divorce document is issued after a month period, counted from the date when the application was submitted. Moreover, in the registry office, an application with documents is accepted provided that there is a general consent of the spouses at the time of application. To obtain a document certifying the divorce, the spouses must appear at the registration authority together.

Are there differences in the list for different regions? What documents are needed for a divorce through the registry office in Moscow?

The list of documents for divorce, submitted to the court or to the registry office, depends on the specific situation (presence of children, individual reasons for breaking up relations) and does not depend on the territory of residence of the spouses. In Moscow, the list of documents for divorce in the registry office and in court will not differ in any way from the list of documents provided, for example, to the courts of the city of Sevastopol.

Documents for divorce through the registry office in Voronezh are also no different from the list of papers provided to other cities in the country.

In order to competently file a divorce, as well as get qualified answers to numerous questions about the divorce procedure, it will not be superfluous to contact a lawyer or a lawyer. Specialists will answer not only all questions related to divorce, but also provide legal assistance in preparing documents and represent interests in court if necessary.