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Documents for divorce through the court application. What documents are needed for divorce in Russia

They say that family is work. If the work is done poorly, it leads to divorce. Most often, the reason is banal - they don’t get along in character. Often spouses try to maintain a relationship, but if divorce cannot be avoided, families with small children will have to get a divorce in court.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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How to apply?

Applications for divorce must be submitted by both spouses. Divorce is also possible at the request of one of the spouses if the other has lost legal capacity or received a prison sentence of more than three years. In this case, the opinion of this spouse is not taken into account.

The Family Code of the Russian Federation regulates the right of every citizen who is married to file an application for its dissolution.

What documents do you need to have?

The application is submitted along with the following package of required documents:

  1. Marriage certificate;
  2. children's birth certificates;
  3. an agreement determining with whom the children will remain after the divorce (if one has been drawn up);
  4. claim for division of existing property (not mandatory);
  5. check for payment of state duty;
  6. power of attorney (provided if the spouses have used the services of a lawyer).

Arbitrage practice

The court hearing will take place one month after the application was filed., Not earlier. During the hearing, the spouses will need to answer a number of questions, the answers to which the court will take into account when making a decision.

The court may make one of the following decisions:

  1. divorce spouses;
  2. leave the claim unsatisfied;
  3. hold a rehearing.

During the trial, the court will decide who will the children stay with after the divorce?. In this matter, the court takes into account:

  • the opinion of children who have reached the age of ten (children under ten years of age most often remain with their mother);
  • parents' wishes;
  • the age of the parents, their state of health, tendency to use alcohol and drugs, addiction to gambling, mental state;
  • material security of both parents, living conditions, place of work;
  • other components.

Who the children will live with after the divorce does not have to be decided by the court. Parents have the right to make this decision themselves and confirm it with an appropriate agreement. The agreement should state:

  • with whom the children will live;
  • the time at which the other parent will see the child;
  • the amount of child support that will be paid for the child.

The agreement can be concluded orally, but it will be much better if the spouses conclude it in writing and notarize it. The main criterion of the agreement is the need to prescribe conditions for each child.

If the decision on the issue of residence is decided by the court, it will be determined how many hours per week and on whose territory the second spouse can see the children.

If one of the parents solves the problem, how to divorce your husband (or wife) and keep the child for yourself, then he must provide the court with the following information:

  1. a certificate from the guardianship authorities confirming that appropriate conditions have been created for the children’s lives;
  2. income certificate;
  3. recommendation from place of work;
  4. confirmation that the children will not be left alone during his absence (at work);
  5. evidence that it would be better for the children to stay with him.

Divorce if the wife is pregnant or raising children under one year old in the family

According to the regulations of Art. 17 of the Family Code of the Russian Federation, a husband does not have the right to file for divorce if his wife is pregnant or there are children under one year old in the family.

If in such circumstances both spouses express a desire to divorce, the divorce can be formalized with the birth of the child. A number of documents will need to be submitted to the court:

  1. decision on the child's residence;
  2. alimony agreement;
  3. agreement on the division of existing property.

During the hearing of such cases the court can make the following decisions:

  • refuse divorce if the pregnant wife does not consent; if the child was born, but he is not yet a year old, and the mother does not agree to the divorce;
  • reject the claim if it is drafted incorrectly;
  • adjourn the hearing for no more than a month.

How to get a divorce if the family has children under three years old or disabled children?

Article 89 of the Family Code of the Russian Federation regulates that in the event of a divorce in a family raising children under three years of age, the ex-spouse will be obliged to pay alimony to both the child and the ex-wife who is on maternity leave.

If a child is disabled from birth, the father will have to pay child support until he reaches adulthood.

Divorce in a family when there are two or more children

The divorce procedure for families raising two or more children is similar to the divorce procedure for a family with one child. The only difference is in the procedure for calculating alimony.

According to the regulations of Article 81 and Article 83 of the Family Code of the Russian Federation Alimony is assigned according to the following scheme:

  • for one child, the parent must pay one fourth of his income;
  • the payment amount is one third of income;
  • for three children or more - half of the total income.

Government Decree No. 841 of July 18, 1996 determines sources of income from which the parent will have to pay child support:

  • wage;
  • payments accrued for additional hours worked;
  • all additional payments and allowances provided for by law;
  • accrued vacation pay;
  • business income;
  • amounts received based on the conclusion of contracts;
  • scholarships;
  • all types of benefits;
  • bonuses;
  • pensions.

If the parent does not have a constant flow of money, the amount of alimony will be determined as permanent. If the spouses make the decision to pay alimony independently, they can agree that part will be paid in a set amount, and part as a percentage of income.

If a parent belongs to the category of low-income citizens, he has the right to reduce the amount of alimony by court.

The decision on divorce made by the court becomes effective 10 days after its adoption. If the spouse (defendant in the case) does not agree with the court's decision, he must file a claim for review within this time.

Division of property in the presence of children

Paragraph 4 of Article 60 of the Family Code of the Russian Federation regulates that the presence of children in the family does not affect spouses during the divorce process, because children cannot claim rights to their parents’ property, and parents do not have the right to claim property that rightfully belongs to their children.

However, paragraph 2 of Article 39 of the Family Code of the Russian Federation provides for the right of the court not to take into account the equal rights of spouses to property in order to protect the interests of minor children. The regulations of this paragraph of the Family Code are not mandatory; the court decides for itself whether to take it into account or not. If this clause is taken into account, children will not receive ownership rights to own property.

Let's look at a specific example

A married couple raising a minor child and having an apartment purchased on equal mortgage terms is divorcing. Only the husband is registered in the apartment; his wife and child have registration in another city. In this case, the divorce process will take place in court.

Property acquired jointly by spouses will be divided. A bank representative will be involved in dividing the apartment, because... The mortgage has not yet been paid and the apartment is pledged to the bank.

The court may award each spouse half an apartment, subject to the agreement of both of them to continue to repay the loan. The court has the right to award a share of the apartment exceeding 50% the spouse with whom the child will live after the divorce.

If one of the spouses wishes to renounce his share, and the other is ready to assume obligations to pay his share of the mortgage, the court may make an appropriate decision in favor of the spouses.

Child's last name after divorce

The law of the Russian Federation does not prohibit changing the surname of a child after the divorce of his parents. A parent who decides to change a child’s surname must obtain the consent of your ex-spouse.

To obtain permission to change a child’s surname, parents must sign an appropriate agreement confirming their mutual consent to this, and have it certified by a notary office. The agreement is submitted to the guardianship authorities along with the relevant application and the following documents:

  • passports or other documents allowing the identification of both parents;
  • divorce certificates;
  • child's birth certificate;
  • an extract from the house administration with information about the child’s registration.

Parents can independently change the surname of a child under ten years of age. Children who are already 10 years old at the time of changing their surname have the right to agree or disagree with the decision of their parents. In this case, the guardianship authorities must take into account the interests of the child. Parents no longer have the right to change their children's surnames at the age of 14..

If the guardianship authorities have made a positive decision, the parents will be given a document to submit to the local registry office. The document is submitted along with a corresponding application, on the basis of which the child’s last name will be changed within thirty days.

It is possible to change a child’s surname at the request of only one of the spouses due to a number of circumstances.:

  • the surname is changed to provide more comfortable living conditions for the child;
  • the second parent has lost legal capacity (must be confirmed by the necessary documents and a court decision);
  • the former spouse has been deprived of parental rights;
  • the second parent was declared missing by the court.

A parent who decides to change their child’s surname will have to contact the guardianship authorities with an application and copies of the court decision.

There are cases when the second parent, who has not lost legal capacity and has not been declared missing, does not comply with the child support agreement, does not show a desire to take part in raising the child, or behaves inappropriately with the child. If the parent behaves in this way, the guardianship authorities may give the second permission to change the child’s surname without requiring compliance with the above conditions.

Read more about changing a child's surname without the father's consent.

As a result

Divorces of families raising minor children are carried out in court. If, during a divorce, the issues of residence, further education, child support, alimony payment, division of joint property and the names of children are resolved amicably by the spouses, the court takes their decision into account.

In cases of disagreement between spouses on one or more of the above issues, a decision on them is made by the court.

Instructions

Divorce in the registry office is possible with the consent of both spouses and if they do not have common minor children. The registry office will provide an application form (form No. 8), which is submitted by both spouses.

The statement states:
1. Full name of the spouses, their passport details, citizenship, place of birth and residence, nationality;
2. Date and number of the marriage registration act and by which registry office it was registered;
3. The text of the application, which contains the spouses’ request for divorce and indicates the surnames that the spouses will keep after the divorce;
4. Date and signatures of the spouses.
The divorce application must be accompanied by the passports of the spouses, a marriage certificate and a receipt for payment of the state fee.

Divorce occurs one month after filing the application. During this time, either spouse can withdraw the application.

You can also get a divorce at the registry office at the request of one spouse, even if there are common minor children, if the other spouse is declared incompetent by the court, missing, or sentenced to imprisonment for a term of more than 3 years. In this case, the application for divorce is filled out according to Form No. 9. Attached to the application, in addition to the above documents, is an extract from the court decision declaring the spouse incompetent or missing, or from the court.

The magistrate court considers a divorce case at the request of one of the spouses if:
1. One of the spouses evades divorce from the registry office;
2. There are no disputes about the further residence and upbringing of children;
3. There are no disputes about the division of property acquired during marriage and the payment of alimony.
If the value of the disputed property does not exceed 50 thousand rubles, the case is also considered by a magistrate.

The statement of claim contains:
1. Name of the court or full name of the magistrate;
2. Full name and place of residence of the plaintiff and defendant
3. Date and place of marriage;
4. Information about the defendant’s consent to divorce;
5. Information about common minor children and their place of residence after divorce;
6. Request for divorce, indicating the reasons, collection of alimony and division of property.

Appendix to the statement of claim:
1.Marriage certificate;
2. Birth certificates of common minor children;
3. Certificates of income of spouses;
4. Inventory of jointly acquired property;
5. A copy of the statement of claim and a receipt for payment of the state duty.

Divorce cases are considered by a magistrate within 1 month.

A district or city court will consider an application if the spouses were unable to reach an agreement on the issues of living together for their minor children, the payment of alimony and the division of joint property, the value of which exceeds 50 thousand rubles. The statement of claim is drawn up in the same way as for the magistrate's court.

The period for consideration of a divorce case in a district court is no more than 2 months. from the date of filing the statement of claim, however in some cases this period can be extended to 3 months.

Divorce is a formal interruption of the actual union between spouses. According to the laws adopted in the Family Code of the Russian Federation, divorce is carried out by the civil registry office, otherwise in court, depending on the presence of children, or on the wishes of the spouses.

The standard list of documentation required for divorce (application, passports, marriage certificate, receipt of payment of government fees) can be expanded depending on the circumstances. Documents on the birth of children, statements on family composition, documents on property are added to it (if its division is being considered at the same time as the divorce).

  • You should pay attention to which documents are submitted in originals and which in copies;
  • In some cases, in addition to the list of specified papers, judges may require official documents or other evidence not specified in the list.

Divorce registration can be speeded up and simplified by submitting an application to the registry office (civil registry office) via the Internet. After a divorce through the court, you can also obtain a divorce certificate by contacting the registry office through an online form.

Types of divorce

Depending on the relationship between the spouses, whether they have common children, agreement on the division of jointly acquired property and other factors, divorce can be carried out in one of two ways - through the registry office and through the court. The latter also involves visiting the registry office to register the court decision in the deed book and obtain a divorce certificate.

  • The Family Code of the Russian Federation provides for divorce in a simplified form. If the husband and wife do not want to live together, do not have children, or their offspring have reached their 18th birthday, applications from them will be accepted by employees of the civil registry office (clause 1 of article 19 of the RF IC).
  • One of the spouses can simplify the divorce even if the family has a common child, but the consent of the other half cannot be achieved. A marriage can be dissolved through the registry office without confirmation of a spouse declared incompetent, missing or imprisoned (clause 2 of article 19 of the RF IC).
  • In all other cases, you will have to submit a claim and the required documents to the court, using a longer and more labor-intensive procedure. Circumstances forcing such actions will be the presence of common children, disputes over their place of residence, the lack of consent of one of the couple for divorce or division of common property (Article 21, Article 22 of the RF IC).

If the spouses who want a divorce and are raising a child have no disagreements, the court will quickly divorce them without clarifying the reasons (Article 23 of the RF IC).

List of documentation for divorce through court

Divorce by court occurs when the wife or spouse is not ready to dissolve the marriage, or when the couple is raising children under 18 years of age. Then, the person who filed the application is called the plaintiff, and the other party is called the defendant. The first one presents the court with a list of documentation and evidence of the reasons for divorce, and if the married couple does not reach a consensus, the marriage union is terminated and a certificate of divorce is issued. The court, in turn, may provide a conciliation period of up to three months.

The divorce procedure has nothing to do with an invalid marriage. A marriage concluded with legislative violations is recognized as invalid.

Documents for divorce in court, in accordance with the laws of the procedural code of the Russian Federation, are submitted to the court by the plaintiff:

  • Statements by the plaintiff and a copy of the statement, which is given to the defendant.
  • Receipt for payment of state tax, state duty (The cost of the fee for divorce through the court in 2015 is 1950 rubles).
  • Original marriage certificate.
  • Documents about the place of residence of spouses and children.
  • Documents certifying birth if children are under 18 years of age.
  • A list of documents that indicate good grounds for divorce (certificates from hospitals about beatings, facts of infidelity of one of the couple), and their photocopies for the responding party.
  • In the event that an application for divorce is submitted by the plaintiff’s lawyer, a power of attorney certified by a notary for him is required.

When the initiator of divorce is a husband whose wife is pregnant or has a child under one year of age, divorce is impossible.

The Family Code of the Russian Federation, in Part I, Article 24, notifies that spouses wishing to divorce can submit to the court an agreement on the future place of residence of their minor children after the termination of the marriage.

In case of incapacity of one of the spouses, it is necessary to obtain consent to provide financial assistance from the other party. An agreement on the division of property is also submitted to the court.

The procedure for resolving disputes regarding the division of property, an agreement for a child, goes through the court and the list of documents is as follows:

  1. certificate of income;
  2. property valuation paper;
  3. expert certificate on the value of housing on the real estate market;
  4. documents on the rights of inheritance of property subject to division;
  5. act of bypassing apartment conditions;
  6. reference from the place of work.

Filing documents for divorce through court

  • The party wanting a divorce should file a claim at the defendant's place of residence.
  • In some cases, it is possible to appeal to the local court of the region (city, district) in which the initiator of the process is registered. Among them: living with common minor children with the plaintiff; a claim for alimony at the same time as the divorce request; poor health of the person submitting the application; incapacity of the defendant, being declared missing or being in prison (if the term is 3 years or more).
  • Magistrate's Court will consider the claim if both spouses are ready to divorce; they have an agreement about who the children will live with; the issue of dividing property is not considered, or it is assumed that property will be divided in an amount of up to 50 thousand rubles. Compliance with the totality of these conditions is mandatory.
  • In other cases, the case will be considered district court.
  • You can submit documents to the secretariat not only in person, but also send them by mail (in which case you need to have the application certified by a notary) or transfer them through a representative who has a power of attorney from the plaintiff for such actions.

Example

M. and N. got married after M. gave birth to a child from N. There was no information about the father on the baby’s birth certificate. That is, it turns out that they have a common child, but formally in their marriage they do not have joint minor children. M. wants to get a divorce and demand alimony from the child’s father. In this case, you can do this. If the spouse agrees to the divorce, you should submit documents to the registry office (joint application, present your passports, bring the original marriage certificate). If he does not agree, he will have to go to court.

Before filing a claim for child support, paternity must be established. If the spouse does not object, then the corresponding general application is again submitted to the registry office. If he resists, paternity can be established by a court based on genetic testing or other evidence. Establishment of paternity can be done before the divorce (in which case the divorce will take place through a judicial authority) or after it (in this case the divorce can be quickly obtained through the registry office).

Alimony can be demanded only after N. is recognized as the father of the child. If the establishment of parenthood is carried out before the divorce, then a combined claim can be filed with the judicial authority - for divorce and alimony.

List of documentation for divorce through the registry office

The easiest way to gain legal freedom. However, its use is limited. A divorce certificate can be obtained from the registry office if the following conditions are simultaneously met:

  • consent of both spouses;
  • absence of minor children (emancipated children under 18 years of age are treated as adults);
  • absence of a dispute regarding the division of jointly acquired property.

The legislator's logic is clear. By their purpose, the registry office bodies are called upon to formalize accomplished legal facts, and not to resolve disputes. Therefore, the reluctance of one of the spouses to break the ties of Hymen or the presence of property claims excludes a divorce through the registry office.

An insurmountable obstacle to filing a divorce administratively is the presence of children.

According to the RF IC, parents are responsible for them until they reach adulthood. Alas, they are not always responsible. Therefore, even if there is an agreement between the parents as to which of them the children will remain with, the legislator imposes the obligation on the court to ensure that their decision complies with the interests of the minors.
If there are children, the registry office has the right to divorce spouses only if one of them is missing, incapacitated, or sentenced to imprisonment for a term of at least 3 years.

The divorce process carried out by the civil registry office is a simplified event, in contrast to litigation. What documents are needed for a divorce in the registry office depends on certain circumstances, but, first of all:

  • separate or joint application from spouses - form No. 8;
  • citizenship passports;
  • marriage certificate;
  • receipt for payment of the fee (The cost of the fee for divorce through the registry office in 2015 is 600 rubles).

After the documents for divorce are submitted to the registry office, state registration of the divorce occurs no later than thirty calendar days from the date of filing the application. During this period, the spouse may withdraw his or her application, in which case the general application will be subject to cancellation. The same outcome will occur if one of the spouses fails to appear at the registry office on the appointed day of divorce.

Documents for divorce in the presence of minor children The parent wishing to divorce provides the following to the registry office at the place of registration:

  • birth certificate of children (photocopy or original);
  • petitions from the plaintiff requesting a divorce;
  • if necessary, an extract from the house register.

Divorce without judicial intervention, without the consent of the other party, is considered a unilateral divorce. Carried out by the civil registry office in the following cases:

  1. conviction of one of the spouses for a crime for more than three years. It is necessary to attach a photocopy of the court verdict;
  2. the second was declared incompetent by a court decision. A photocopy of the court decision on incapacity must be attached;
  3. the second spouse is considered missing. It is necessary to present a document that actually confirms the missing person.

Documents for divorce at the registry office are provided by one of the applicants, in accordance with the legislation of the Russian Federation.

Submission of documents

  • You must deliver the documents and sign the application in person. If, with the couple's mutual consent to divorce, one of the spouses is unable to be present when submitting documents, he writes statements with a request to accept them and has it notarized.
  • In the event of a unilateral divorce, if the second spouse is in a correctional facility, consent must be obtained from him, certified by the head of the prison.
  • The service of filing an application online will help simplify your divorce. One of the spouses registers on the State Services website, receives an activation code, fills out a form, indicates the details of all necessary documents (passports, SNILS, marriage certificate), pays the state fee (you can also do it online). Then both spouses will have to appear at the registry office on a certain day and sign the application with their own hands. Otherwise, it is considered null and void, and the divorce will not take place.

General procedure for submitting documentation for dissolution of a union

You can get a divorce in a courtroom or in the registry office; what is the list of documents and where to submit them depends on the agreement between the spouses on the division of property and the residence of their minor children (if any). These circumstances determine the duration and procedure of the divorce process:

  1. preparation of required documents for divorce;
  2. transfer of a correctly drawn up application and other documents to the court or registry office;
  3. the presence of the plaintiff in the courtroom at the hearing, and informing the defendant about the day of the court hearing.

Documents for individual cases

If spouses jointly declare separation and the impossibility of establishing family life, no additional documents are required to be submitted. But if one of the spouses asks to save the marriage, the plaintiff should provide evidence:

  • change of permanent residence registration by the defendant;
  • absence of the defendant for permanent residence of the plaintiff and common children (Acts of the Housing Office);
  • alcoholism treatment;
  • adultery;
  • bringing the defendant to administrative responsibility for hooliganism, drinking alcohol, etc.

A divorce can proceed without these papers, but the procedure will be delayed. The state is interested in preserving the “unit of society”. The judge not only has the right, but also the obligation to give the spouses time limits for reconciliation. And to resolve a case quickly, you need reasons.
How is the place of residence of children determined? If the spouses have agreed on everything, it is enough to attach to the claim:

  • children's birth certificates;
  • a certificate of income of the parent with whom they will remain (proof of the ability to support children).

If each spouse asks to leave the child with him, it is necessary to provide the court/guardianship authority with a maximum of documents that positively characterize the plaintiff and the conditions that he can create for the child. This:

  • certificates of income and property;
  • act of inspection of housing conditions;
  • a certificate from the school/kindergarten stating that the plaintiff brings and picks up the child, is present at morning performances and parent-teacher meetings, and is in contact with teachers;
  • any evidence of personal and professional merit - honorary donor, teacher of the year, etc.

What is the state duty for divorce in 2017?

Without knowing all the details of a specific situation, it is impossible to unambiguously estimate how much a divorce will cost. Important points when assessing the costs of divorce are:

  • Are you divorcing by mutual consent?
  • do you have minor children;
  • whether you will get a divorce in the registry office or in court;
  • whether you have to divide the property in court and its value;
  • do you plan to change your last name;
  • will it be necessary to summon witnesses, experts, etc. to court;
  • Do you need in-person paid legal assistance?

Divorce through the registry office

Registration of divorce in the registry office is possible subject to the following conditions:

  1. mutual consent of the spouses for divorce;
  2. they do not have common children under the age of 18;
  3. the absence of divorcing material claims against each other.

The amount of the state fee for divorce in the registry office is determined by Article 333.26 (clause 2) of the Tax Code of the Russian Federation and is currently 1300 rubles (650 for each of the divorcing spouses). When filing an application for divorce through the State Services portal, no additional payment is required.

Information about the increase in the state duty for divorce to 30,000 rubles from 2017 is just a bill that has not been adopted. Which is quite logical, since an increase in duties can hardly help strengthen the family, and the justification for such a legislative initiative was precisely the desire to reduce the number of divorces in our country.

Divorce through court

When conducting divorce proceedings in court, you are required to pay a state fee for filing a statement of claim for divorce - 600 rubles. (Clause 5 of Article 333.19 of the Tax Code of the Russian Federation). After the court decision on divorce is made, another 1,300 rubles must be paid. (650 from each of the former spouses, clause 2 of Article 333.26 of the Tax Code of the Russian Federation) for filing a divorce in the registry office - after this a certificate of divorce will be issued.

In case of divorce at the request of one party (husband or wife), the state duty is 350 rubles (Article 333.26, paragraph 2, paragraph 3 of the Tax Code of the Russian Federation). This divorce option is possible if the applicant’s spouse:

  • imprisoned for more than 3 years;
  • declared incompetent;
  • declared missing.

Changing your last name during divorce

If the wife filing an application for divorce (to the court or the registry office) also wants to change her last name (return to her maiden name), then the state fee for such an action will be 1,600 rubles (in addition to the fee paid for divorce).

Divorce certificate

In all of the divorce options listed above, the issuance of a divorce certificate does not require a separate fee - it is included in the amount of the state fee.

Divorce and division of property

If in court there will be not only a divorce, but also a division of property, according to paragraphs. 1 clause 1 of Article 333.19 of the Tax Code of the Russian Federation, the amount of state duty will depend on its cost.

In the table: CI - “claim price”, i.e. the volume of the plaintiff’s material claims.

The price of the claim is determined by the plaintiff in the appropriate column of the statement of claim. If there is a clear discrepancy between the specified amount and the real value of the property, the judge has the right to change it (clause 2 of Article 91 of the Civil Code of the Russian Federation). In this case, additional payment of state duty may be required (Article 92 of the Civil Code of the Russian Federation).

How to pay the state fee?

Note! Each court and registry office has its own bank details, therefore, in order for the payment of the state fee to go as intended, you should find out the payment details in advance at the registry office or court (magistrate or district) in which you are going to get a divorce.
You can find them:

  • in person by visiting the court office or registry office and asking for a receipt form;
  • on the official websites of courts or registry offices - in the “contacts” section, payment details are always indicated: current account number, KBK, OKPO, INN, BIC, KPP.

You can pay the fee at any branch of Sberbank, terminals of some banks, or at Russian Post. You should not use Internet banking, since in the future you will need to provide a payment document - a receipt with a “live stamp”.

Who has the right not to pay state fees for divorce?

The Tax Code (as amended in force in 2017) allows you not to pay state duty in the following cases:

  1. when collecting child support (clause 2, clause 1, article 333.36 of the Tax Code of the Russian Federation);
  2. in cassation and appeal appeals against court decisions on divorce (clause 6, clause 1, article 333.36 of the Tax Code of the Russian Federation);
  3. when filing a claim in court to protect the rights of a child (clause 15, clause 1, article 333.36 of the Tax Code of the Russian Federation);
  4. when the plaintiff is a disabled person of group I or II; (Article 333.36, paragraph 2, paragraph 2 of the Tax Code of the Russian Federation) and the cost of the claim does not exceed 1,000,000 rubles (Article 333.36, paragraph 3 of the Tax Code of the Russian Federation). If it exceeds 1 million rubles, the state duty is calculated in accordance with paragraphs. 1 clause 1 of Article 333.19 of the Tax Code of the Russian Federation from the entire amount minus 1 million.

Conclusion

  1. Two authorities can divorce spouses: the civil registry office or the court (magistrate or district).
  2. To dissolve a marriage through the civil registry office, you need a minimum of documents: an application, passports, a marriage certificate and a receipt for paid state duty.
  3. When filing a claim in court, the list of documents expands.
  4. You can also get a quick divorce through the court if the spouses have no mutual claims regarding the property and place of residence of the child. The judicial authority may request a written agreement governing the relationship between it and the parents.

Question answer

- I want to get a divorce. The wife has a marriage certificate, but she does not give it away. What should I do to receive a duplicate? Where can I get the details to pay the fee? Where should I submit documents if the child is not mine? I don’t live with my wife, she wants alimony for herself and her son.
– Article 19 of the RF IC provides for divorce through an application to the registry office if the couple does not have children together and both agree to a divorce. Apparently, you will not be able to use this option if your spouse does not make contact. You will still have to contact the registry office for a duplicate of the marriage certificate; it will not take much time and will not require large financial costs. Find out the details in court. Child support is not due if, according to the documents, the child is not yours. If he is not yet three years old, then you may still have to pay benefits to your wife (until her son turns 3 years old).

– My husband took my documents (passport, wedding certificate and birth certificate of my daughter). How to file for divorce if he doesn’t want to return them?
– Judging by the fact that you have a conflict situation and have a child, you will have to go to court to get a divorce. But he will not accept the application without the documents you listed. Talk to your spouse, ask him to meet you halfway. Otherwise, you can write a statement to the police or district police officer, but this may have a detrimental effect on your husband. You can do it differently: get a duplicate of the marriage certificate (you should contact the registry office), write a statement about the loss of your passport and get a new one. The main thing is not to point out the fact that the husband took the documents as the reason for the loss. To file a claim in court, you need a copy of the child's birth certificate. If you have it, you can do without the original.

Where to file for divorce?

If a decision is made to divorce, the question often arises of where to file for divorce. This can be done either through the registry office or through the court. The first method is simpler, but it is not possible in all situations, which is why the second option is used more often when divorcing a marriage. The corresponding application and documents for divorce through the court must be submitted directly to the judicial authorities.

As stated in the RF IC, divorce by going to court becomes a necessity for citizens in cases where:

  1. The other spouse does not want to give his consent to the divorce procedure at the registry office.
  2. The other spouse actually agrees to dissolve the marriage, but in every possible way avoids visiting the registry office to legally formalize the divorce procedure.
  3. Married citizens have a minor child.
    1. The application, which is drawn up by the plaintiff in free form, in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, must include the following data:
    • full name of the judicial authority that is the addressee of the document;
    • information about the plaintiff (his full name, place and date of birth, residential and registration address, passport details);
    • information about the defendant (his full name, place and date of birth, residential and registration address, passport details);
    • the place and time of the marriage, which should be dissolved on the basis of a court decision (in this case, it is necessary to confirm the specified information by indicating the details of the document on the marriage between the parties);
    • information about common children, details of their birth documents;
    • information about attempts to pre-trial resolve the issue of divorce and other disputes related to this procedure;
    • a complete list of documentation that was attached by the citizen who applied to the judicial authorities for divorce to the statement of claim (you can download a sample application for divorce to the court on our website).
  2. Passport of the citizen acting as the plaintiff.
  3. Receipt for payment of the state duty (see “How much does a divorce cost: state duty for divorce in 2017-2018 (court, registry office)?”).
  4. A document confirming the fact of marriage, in the original copy.
  5. Birth certificates of all common minor children of the spouses. These documents can be presented both in the form of originals and in the form of notarized copies.
  6. A certificate of family composition from the management company at the plaintiff’s place of residence, which confirms the fact that the child lives together with the spouse.
  7. Documents clarifying the amount of wages of each party (if the issue of alimony is being decided simultaneously with the divorce).
  8. A marriage contract concluded between spouses.
  9. A statement of the consent of the other spouse to divorce, which was certified by a notary. Such a paper is submitted to the judicial authorities if the defendant does not have any objections to the court dissolving his marriage with the plaintiff. As a rule, in the application the spouse acting as the defendant indicates:
  • your full name;
  • date of birth;
  • Place of Birth;
  • location;
  • consent to divorce;
  • information about the place and time of marriage;
  • details of the marriage document;
  • number of the entry on the marriage union made in the registration documents;
  • information about the second spouse;
  • information about the existence of property claims against the spouse;
  • date of document preparation;
  • personal signature.
  • Documentation of property owned by the plaintiff (see “How is property divided during a divorce? How are loans divided during a divorce?”). It is accepted by the court in cases where, along with the application for divorce, the plaintiff puts forward an additional application containing any property claims in relation to the defendant, including a requirement for his obligation to pay alimony.

    • How to file for divorce unilaterally? What do you need to file for divorce in this case?

    For one reason or another, situations arise when one of the spouses decides to dissolve the marriage unilaterally? The legislation of the Russian Federation, in particular the Family Code (Article 18), does not deprive citizens of this opportunity, provided they comply with the established requirements. You can do this in two ways:

    • out of court;
    • judicially.

    In the first case, a unilateral divorce is possible only in strictly defined cases by law: when the second spouse is recognized as missing, deprived of his legal capacity, or sentenced to actual imprisonment for longer than 3 years.

    If the spouses are unable to resolve the problem peacefully, it is resolved in court. In Art. 17 of the Family Code states that divorce will not take place only if the pregnant woman does not consent to it or if the family has a child under one year of age.

    If there is a notarized application from the absent spouse, a unilateral divorce is also possible through the registry office. It is also possible if the second spouse is sentenced to real imprisonment for a term exceeding 3 years, is declared missing or is incompetent.

    After the judicial authorities accept the application, the plaintiff will receive a document scheduling a court hearing. At the same time, the plaintiff should remember that the decision on divorce is made by the court within 1 month from the date of filing the relevant application.

    Court hearing on divorce case

    Divorce without mutual consent

    A trial in a divorce case is scheduled on the basis of a statement of claim filed in accordance with the procedure established by law. The court may make a decision to dissolve a marriage if further marriage relations between citizens are impossible.

    At the same time, government bodies have the right to take a number of conciliatory measures aimed at restoring the marriage so that citizens refuse divorce. In such cases, the proceedings may be postponed. The maximum period during which spouses can refuse to divorce should not exceed 3 months. If all the measures taken to reconcile the spouses do not bring the desired results, the court will dissolve the marriage.

    Divorce by common consent

    If each of them agrees to dissolve the marriage relationship, the court decides to divorce the parties. In this case, the decision is made without clarifying the reasons for the divorce. Citizens can submit an agreement regarding children to the court; if such a document has not been drawn up, then the court independently takes measures to protect the interests of the children.

    The children's agreement usually contains information about:

    • with whom the child will live;
    • what is the procedure and amount of alimony paid for child support;
    • what are the conditions for dividing property?

    Registration of divorce

    After the court makes a final decision on the parties' divorce, it must be registered in the registry office. The court sends an extract from the relevant decision to the state bodies that register the marriage of citizens no later than 3 days from the date of its entry into force.

    After the registration authorities register the divorce, citizens are issued a certificate of divorce. Until it is received, persons cannot enter into a new marriage relationship.

    Thus, to begin the divorce procedure, the initiating spouse needs to collect a package of documents, draw up an application and submit all documentation to the court for consideration. The final decision of the judicial authorities that accepted the documents from the plaintiff depends on the correctness of filling out the application, the completeness and reliability of the information provided.

    How to file for divorce online?

    Recently, you can file for divorce via the Internet, and this service is already quite in demand. In this case, it is enough to visit the government services portal: here you can submit an application directly to the registry office, provided that there are no joint minor children and property claims on the part of one of the spouses. In all other cases, an online application is submitted to the courts.

    As for the state duty, here you can either pay it in a way convenient for you (electronic currency or bank card) or print a receipt for its payment.

    The main advantage of this application option is that you will be able to significantly reduce time costs and save your nerves, since you will not have to stand in huge queues.

    The dissolution of a marriage does not occur only at the request of the parties or when the spouses no longer live together. Let’s try to figure out how to apply for divorce, what procedure is established for this procedure.

    There are two ways in which an application can be submitted - to the registry office and to the court, we will consider them in more detail.

    It is necessary if this procedure must be carried out without judicial review. Citizens can contact the registry office to file an application for divorce in the following cases:

    1. Both spouses agree to divorce, they do not have joint children who are under minors, and there are no disputes regarding the division of joint property.
    2. One of the spouses is declared incompetent.
    3. One of the spouses was declared missing in court.
    4. One of the spouses is deprived of liberty and is in prison for at least three years.
    If both spouses agree, then they write the application for divorce together, they are given 30 days for possible reconciliation, after which two copies of the certificate of dissolution of the marriage union are issued. In the cases specified in paragraphs 2-4, the application is written by one of the spouses, and the document on divorce will be ready in a couple of days.

    Required documentation for the registry office:

    • Applications completed in accordance with the established procedure.
    • Documents that confirm that the spouses have paid the state fee for divorce in full.
    • Original and a copy of all completed pages of the spouses’ passports.
    • Certificate of family composition, which will confirm the absence of common minor children.
    • Certificate of original marriage registration.
    • A marriage contract or an agreement on the voluntary division of jointly acquired property.

    Requirements for an application for divorce in the registry office

    When filling out, the applicant must indicate the following points:

    • The name of the civil registry office to which the application is submitted and the divorce is formalized.
    • Full information about the applicant – full name.
    • Information about both spouses - full name, passport data, registration and residence address, information about citizenship and other information.
    • Date, series and certificate number.
    The most common options for filling out this column are “did not get along” and “insurmountable differences”; you should not describe each other’s shortcomings in full and indicate some negative actions of the other spouse. You can tell your arguments in a court hearing, and not on a paper form from the registrar.
    • If, after the divorce, the spouses restore their previous surnames or take others, indicate this information.
    • The date the application was completed and the signature of one or both applicants.

    Dissolution of a marriage in court

    If the situation is such that a divorce can be carried out through the court - there are common minor children or claims regarding the division of joint property, a claim for divorce is filed with the appropriate court:

    • If there are disagreements regarding the division of property and the value of the divided property over 50 thousand rubles, if necessary, establish or confirm paternity - in a city or district court.
    • In all other situations - to the department of the magistrate's court.

    When submitted to the court department, the following must be indicated:

    1. Full name of the judicial department.
    2. Details of the plaintiff and defendant in the divorce, indicating passport details, registration and residence addresses, and other contact information.
    3. Reasons for filing a claim for divorce.
    4. A list of additionally provided documents also confirming the stated reason for divorce.
    5. Date of application and signature of the applicant.

    Learn more about filling out an application to file a lawsuit in the video:

    The court usually considers the following reasons for divorce to be convincing:

    • Violence in family.
    • Various types of addiction of the defendant - from alcohol, drugs, gambling and others.
    • Misuse of the family budget by the defendant.
    • Refusal of a spouse to provide maintenance to a disabled spouse and minor children.
    • The defendant lives separately from other family members for a long time.
    • Adultery.
    • Violation of the marriage contract.
    If, along with a claim for divorce, spouses need to divide property or determine the place of residence of a child, experts advise that all possible demands be indicated in the claim for divorce, except for the requirement to pay alimony.

    Alimony can be assigned from the date of filing the application or within 1-2 weeks, despite the fact that the marriage has not actually been dissolved yet, and the divorce process may drag on for several months.

    Determination of children's residence

    If the spouses in the claim want to determine the parent with whom the children will remain, and there are no disagreements on this issue between the spouses, the application will be considered a little faster.

    If the defendant refuses to allow the children to live with the plaintiff, he files a counterclaim, and the judge decides who the children will stay with, based on the following factors:

    • The parent has a permanent job and income sufficient to live with the children.
    • Availability of living space sufficient for living with children.
    • The parent’s employment at the place of work and his ability to pay the necessary attention to the children.
    • The wishes of the child and his emotional attachment to the parent, the child’s opinion is taken into account in court if he is already 14 years old.
    The time period for considering a claim for divorce depends on the existence of disagreements between the spouses regarding the residence of children or the size of divisible property. Typically, after filing a claim, a court date is scheduled within one month.

    If one of the parties does not appear in court, the consideration of the case may be postponed no more than three times. If the parties voluntarily resolve all differences and enter into an agreement, then the divorce process will not be delayed.