Divorce application form. Example of a divorce claim

the beauty
20.08.2020

A sample statement of claim for divorce, developed by professional lawyers, contains all the details. According to statistics, it is with the data indicated in this sample that it is easiest to dissolve the marriage.

Before filing a claim for divorce, correctly determine the court you need: the jurisdiction of the magistrate. Please note that, in general, such cases are within the jurisdiction of the magistrate at the place of residence of the defendant, but there are exceptions to general rule determining the jurisdiction of claims.

Please note that cases of divorce can be considered no earlier than 1 month from the date of filing a statement of claim. The court may provide a period for reconciliation of the spouses up to 3 months.

Correctly determine the amount of the state fee for this claim.

The most complete information on the procedure for divorce through the registry office and in court, download samples of applications for the registry office, see examples of drawing up applications to the court, with court decisions on divorce and the practice of higher courts in the article "Divorce or dissolution of marriage"

When drawing up an application, be guided by general rules registration of claims.

To the magistrate of the judicial section
No. _____ in the city ______________
Plaintiff: ________________________
(Full name, address)
Defendant: ______________________
(Full name, address)

STATEMENT OF CLAIM
about divorce

"___" _________ ____, I got married to _________ (full name of the defendant). Lived together until "___" _________ ____. The marriage relationship between the plaintiff and the defendant was terminated from the indicated time. The common farm has not been conducted since the indicated date.

Further life together became impossible. There is no dispute about the division of property that is jointly owned by the spouses.

There are minor children from marriage _________ (full name, date of birth of children). There is no dispute about children.

According to paragraph 1 of Article 23 of the Family Code Russian Federation if there is mutual consent to the dissolution of the marriage of the spouses with common minor children, as well as the spouses specified in paragraph 2 of Article 21 of the Family Code of the Russian Federation, the court dissolves the marriage without clarifying the reasons for the divorce.

Based on the foregoing, guided by Articles 21, 23 of the Family Code of the Russian Federation, Articles 23, 131-132 of the Civil Procedure Code of the Russian Federation,

A marriage between _________ (full name of the plaintiff) and _________ (full name of the defendant), registered "___" _________ ____ in _________ (name of the civil registry office), record number ___, terminate.

List of documents attached to the application (copies according to the number of persons participating in the case):

  1. Copy of the statement of claim
  2. Document confirming the payment of the state fee
  3. Marriage certificate (original)
  4. Copy of the birth certificate of the child (children)

Date of filing the application "___" _________ ____, Signature of the plaintiff _______

Filing a statement of claim for divorce has several nuances of its own, depending on many factors. First of all, it depends on whether both spouses agree to disperse amicably or whether the couple has a subject for dispute.

According to statistics, every second marriage concluded on the territory of the Russian Federation falls apart, despite ardent love or the most optimistic prospects for the future. The reason for this phenomenon is most often the incompatibility of characters, vices, psychological or practical unpreparedness of the couple for family life.

Sample statement of claim for divorce

The statement of claim for divorce must contain the correct data.

There is a single sample of this document, which in mandatory contains the following columns:

  1. Requisites. This section includes the correct name and address of the department of the court to which the application is sent. In addition, be sure to include the full contact details of the plaintiff and the defendant in this section. If the appeal to the court is related to the property party, the value of the property that is subject to division should be indicated immediately. In other words, the cost of the claim.
  2. Description of the situation. In this part, it is necessary to tell as fully as possible, but without unnecessary lyrics, about the family situation - when the marriage was concluded and by which registry office, how long have spouses not lived together, for what reason. Be sure to indicate in this paragraph - whether there are property disputes and minor children. Did the parties manage to agree on the amount and procedure for paying alimony? Provide links to documents that regulate in this situation your right to file a lawsuit for divorce.
  3. List of the attached documents. For example, a birth certificate of a common child or a health certificate from one of the parties, according to which the other party will have to pay alimony. Do not forget to date the document, as well as the signature and transcript.

Take into account: if the family has a mutual desire to divorce, then there is no need to describe the reason for the divorce. It will be enough just to indicate the discrepancy between the characters of the spouses.

Divorce lawsuit in the presence of minor children

If there are minor legitimate or adopted children in the family, the court is obliged to make sure that the interests of the children after the divorce will be respected as much as possible.

The judge will certainly want to clarify with which of the spouses the children will remain, what income and living conditions for this parent. If one of the spouses does not have their own living space and permanent place of employment, then the judge may well award the child to the other parent.

In addition, any minor is entitled to alimony in the amount of 25% of the payer's income if it is an only child, and 35% if there are two or more children.

It is possible to choose a fixed amount of alimony, but this is not always beneficial. If the defendant receives a reduction in wages, then this will not affect the child in material terms, the same will happen in the case of an increase in income.

If the spouses could not amicably agree on the division of property, alimony or the procedure for visiting the child, the court will do it itself, at its discretion.

Download the application form for divorce in the magistrates' court

If you do not know where to get a template for writing a statement or look finished project then you can use these links.

Whether a divorcing couple has children or not makes a significant difference to the divorce procedure. Depending on this moment, a claim for divorce may be filed at the registry office at the place of residence, or you will have to contact the judicial authorities.

The cases in which you can get a divorce with the help of an application to the registry office are detailed in Art. 23 of the Family Code of the Russian Federation.

Specifically:

  • absence of common minor children, including those adopted by one spouse or both at once;
  • the desire of both spouses to end the marriage;
  • the death of one of the spouses;
  • a court decision on the stay of one of the spouses in places of imprisonment for more than 3 years;
  • availability of a document confirming the incapacity or disappearance of one of the spouses.

In all other situations, the spouses will have to apply to the judicial authority at the place of registration.

Grounds for filing a claim for divorce in court:

  1. The presence of a couple of minor children, as well as if one of the spouses or both have formalized guardianship over the minor.
  2. Unwillingness of one of the parties to divorce.
  3. One of the spouses avoids meeting with the other party, his real location is unknown and it is not possible to find out his consent to a divorce.

The Civil Code of the Russian Federation, more precisely, its 22, 23 and 24 articles, regulate the procedure for submitting documents and an application form for divorce.

The following persons can submit documents and an application:

  1. One of the spouses.
  2. A guardian or a representative of one of the parties, if the citizen himself has lost his legal capacity.
  3. Prosecutor. By law, he is allowed to act in the interests of respecting the rights of an incapacitated or missing person.

Rules for writing a statement of claim for divorce

When writing an application for divorce, it is worth remembering the following unspoken rules:

  1. It is unacceptable to use abbreviations when writing the contact details of the plaintiff or defendant, as well as the name of the judicial authority.
  2. Do not get confused in basic concepts. The plaintiff is the one who makes the application. The defendant is a party, in the opinion of the plaintiff, who violated some of his rights.
  3. The legislation of the Russian Federation allows the filing of such an application at any clean slate paper - notebook, landscape or writing A4.
  4. The claim can be written in free form. Remember that if you provide incomplete or distorted data, the application will be rejected until the comments are eliminated.
  5. It is permissible to file a claim both in printed form and completed by hand. It is allowed to use a pen with paste of any color.

Many citizens seek to be plaintiffs in this situation, and it is not uncommon for two different plaintiffs to petition for dissolution of the same marriage.

Its useful to note: there is no difference whether to be a plaintiff or a defendant. Therefore, it is not worth submitting a counter-application if the spouse has already applied with this requirement to the appropriate authority, because one of the applications will in any case be rejected.

Grounds for filing a claim for divorce

The legislation of the Russian Federation takes the following factors as grounds for divorce:

  • the death of one of the spouses;
  • recognition by the court of one of the spouses as deceased;
  • filling out and filing an application by one or both spouses;
  • official paper from the guardian of one of the spouses, who has been declared legally incompetent by the court;
  • invalidation of marriage by court.

In what cases it is impossible to divorce

Like any other process, divorce has its limitations.

We are talking about situations in which the court will refuse to satisfy the divorce claim in any case.

Cases in which divorce is unacceptable are recorded in Art. 17 RF IC.Namely:

  1. According to the law of the Russian Federation, the husband is prohibited from filing for divorce if the spouse is expecting a common child at this time and does not agree to dissolve the marriage.
  2. The spouses have at least one child under the age of one year. That is, the woman in this moment is on parental leave, and is unable to support himself and the baby on his own.

Consider: if the plaintiff is a woman on maternity leave, the court will definitely satisfy the claim.

Which court to apply for divorce

Article 32 of the Civil Code of the Russian Federation states that a claim for divorce proceedings is filed with the judicial authorities at the place of residence of the defendant.

If the defendant is hiding from his spouse, then you can do the following:

  • write a statement to the authorities at the last known place of residence of a person;
  • go to court at the location of the defendant's property.

Note: if the plaintiff has minor children or serious illnesses, he has the right to apply to a judge at the place of his registration.

In addition, you can apply for divorce online, through the websitehttps://www.gosuslugi.ru.

The size of the state fee for divorce in 2018

Since 01.01.2018, the amount of fees for termination of marriage has increased by almost 50% compared to last year.

In 2018, one of the spouses will have to pay 350 rubles for a divorce in the registry office. This is usually the one who initiated the divorce.

If the issue must certainly be resolved in judicial procedure, then the size of the payment to the state will increase 2 times and amount to 600 rubles, also paid by the plaintiff.

For the issuance of a divorce certificate, both spouses will have to be ready to transfer 650 rubles each to the state account. The amount of the fee is spelled out in Art. 333.26 of the Tax Code of the Russian Federation.

The increase in the size of the state fee for divorce is carried out in order to force citizens to treat the issue of family life more responsibly.

If the appeal to the court is related to the resolution of a property dispute between the spouses, then you will have to pay separately:

  1. If the amount of the claim is less than 20,000 rubles. - the amount of the duty will be 4% of this amount, but not less than 400 rubles.
  2. The next threshold of the duty is 100,000 rubles. In this case, you will have to pay 800 rubles, plus 3% of the amount exceeding 20,000 rubles.
  3. Decision on a claim up to 200,000 rubles. It will cost the former spouses 3200 rubles and an additional 2% of the amount over 100 00 rubles.
  4. The property is estimated at up to 1,000,000 rubles? Be prepared to give the state 5200 rubles and, in addition, 1% of the amount, more than 200,000 rubles.
  5. If the dispute concerns property worth more than 1,000,000 rubles, then you will have to part with the amount of 13,200 rubles. +%. But no more than 60,000 rubles.

Complete list of documents for divorce

To file for divorce, you must provide the judge with the following package of documents in originals, with copies attached:

  1. Statement.
  2. The passports of the plaintiff and the defendant.
  3. Marriage certificate.
  4. Receipt for payment of the state fee.
  5. Birth certificates of children, if any.
  6. Property documents, if there are disputes regarding the division of the spouses' property.
  7. Health certificates, if it is necessary to resolve the issue of collecting alimony from one of the spouses.
  8. Certificate from the place of imprisonment; paper fixing the incapacity of the spouse; a statement to the police and other documents related to the case.

Consideration of a statement of claim for divorce

After all applications and petitions are drawn up correctly, all documents are attached, the court gives the spouses a period of one month for reconciliation.

After this period, a court session is scheduled.

Further development of events in court can proceed as follows:

  1. Failure of both parties to appear in the courtroom for the hearing. In this case, the court decides to discontinue the case, because the spouses changed their minds to divorce.
  2. The beginning of the meeting without the presence of one of the parties. If there is a good reason for failure to appear, the court will postpone the hearing for a period of its own discretion. If there is no explanation for missing the meeting, the court has the right to make a decision in absentia.
  3. If both spouses appear at the appointed time in court and do not have property or other disputes, the judge has the right to make a decision in one session.

After the divorce decision is made, the former spouses are given a court decision, which must be transferred to the registry office within 10 days and receive a divorce certificate.

Thus, it can be seen that divorce is not only troublesome and stressful, but also quite expensive. Be responsible for choosing a mate and getting married. Learn to speak and hear the other person.

How to write a divorce petition?

A sample application for divorce is required for citizens wishing to dissolve their marriage. So, in article 16 of the RF IC, the grounds for divorce are considered to be:

  • a statement from a wife or husband;
  • statements from both spouses;
  • statement of the guardian of the incapacitated spouse.

A sample application for divorce will help a citizen who wants to start a divorce process to properly complete his application.

At the same time, the RF IC provides for a restriction on the right to submit the relevant document. Thus, a husband cannot submit an application without the consent of his wife if:

  • she is pregnant;
  • not expired 1 year after the birth of the child.

Resolution of the Plenum of the RF Armed Forces "On the application by the courts ..." dated 05.11.1998 No. 15 supports this norm, since it directly indicates the prohibition of the court authorities taking a claim for divorce from a husband who has not previously received his wife's consent to the divorce proceedings.

If such a statement of claim was accepted for any reason, then it must immediately be returned to the plaintiff.

In the family legislation of the Russian Federation, a rule is regulated according to which a divorce of spouses can occur on the basis of a decision of the registry office or the judiciary.

Divorce is filed through the registry office if:

  • both spouses have applied (jointly or separately) and they do not have common children;
  • if one spouse is recognized as incompetent or missing;
  • if one of the spouses is serving a sentence in custody.

The court hears divorce cases

  • if there are common minor children in the family;
  • if one of the spouses evades submitting an application to the registry office;
  • cases related to divorce on the division of jointly acquired property (considered together with the divorce case or separately, including when the divorce is filed through the registry office).

After receiving judgment you will still have to apply to the registry office about a divorce, tk. divorce documents are still issued by this body. Only the basis will no longer be a statement by the spouses, but a court decision.

Drawing up an application to the court: sample for divorce

A divorce form is an ideal helper in filling out the application form. With the help of the sample, the spouse will be able to save his time spent on filling out the document and avoid the most common mistakes that citizens make.

A standard lawsuit for divorce for a court contains the following points:

Don't know your rights?

  1. FULL NAME. the applicant.
  2. The name of the body to which the paper is fed.
  3. FULL NAME. spouses.
  4. Date and place of birth of the spouses.
  5. Citizenship and nationality of the spouses.
  6. Residence of wife and husband.
  7. Details of the passports of the wife and husband.
  8. A request by one or both spouses for a divorce. The surname that each spouse chooses for himself after the dissolution of the marriage should be indicated. Thus, the wife has the right to leave the surname received from her husband, or to regain her maiden name, which she had before marriage.
  9. Information about the joint children of the spouses. The applicant indicates the data from the birth certificate of children and the full name of the state body that issued this document.
  10. The side with which the spouses' joint children will live. It should be noted that there is a dispute between the husband and wife regarding the place of residence of the children.
  11. The presence of property disputes.
  12. The reason for the divorce.
  13. Signatures of the parties to the divorce proceedings.

How to apply for divorce in court?

When filing an application for divorce in court, the spouse must have the following documentation with him:

  • marriage certificate;
  • passport;
  • birth certificates of children;
  • documents confirming the existence of jointly acquired property subject to division;
  • document confirming payment of the state duty in the amount of 400 rubles.

Divorce petition at the registry office

The application form for divorce for the registry office is contained in the Order of the Ministry of Justice of Russia "On the approval of the application forms ..." dated 01.10.2018 No. 201. You can fill out this form directly in the registry office.

The following are attached to the application for divorce in the registry office:

  • spouses' passports;
  • receipts for payment of the state duty (650 rubles from each spouse or 350 rubles from one of the spouses, if the other is unknown, disabled or imprisoned);
  • if necessary - a court decision on the recognition of the second spouse as missing or incompetent, a sentence on his imprisonment;
  • if necessary - a court decision on divorce.

The Federal Law "On Acts of Civil ..." dated 15.11.1997 No. 143-FZ allows citizens to submit an application to the state authorities at their place of residence.

Also, the applicant can contact the registry office at the place of marriage. The procedure for dissolving the marriage union lasts for 1 month.

Thus, in order to dissolve a marriage, you will need to draw up an appropriate application, which must be filled out by a citizen in accordance with the norms fixed in domestic legislation.

The form of the document "Claim to a magistrate for divorce" refers to the heading "Statement of claim". Save the link to the document on social networks or download it to your computer.

To the magistrate of the judicial section No. __
_____________ district ____________ region
_____________________________

Plaintiff: _____________________________

Defendant: _____________________________
Address: _____________________________
Fact. living: _____________________________

Statement of claim
about divorce

The Plaintiff and the Defendant are married, registered on _________ of the year __________ by the registry office, deed entry No. _______ from ________, but in fact family relationships discontinued in _____ year.
Cohabitation is also terminated, the common household is not maintained. There are no minor children and property disputes, however, ___________ evades divorce.
According to Part 2 of Art. 21 RF IC
divorce is carried out in court in the absence of the consent of one of the spouses to dissolve the marriage, as well as in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage in the civil registry office (refuses to submit an application, does not wish to appear for state registration of divorce, and more).
Based on the above, guided by art. Art. 3, 131-132 Code of Civil Procedure of the Russian Federation,

To dissolve the marriage between me and _____________________, registered on ______________ of the year _________ by the registry office, act entry No. _____ of ________.

Applications:
1. copy of the statement of claim;
2. receipt of payment of state duty;
3. a copy of the marriage certificate.

D. Signature____________



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V _________________________________
(name of the court)
Plaintiff: _____________________________
(Full name, address)
Defendant: ___________________________
(Name of the entrepreneur or
full name of the company, address)
Claim price ___________________________
(the entire amount of the requirements)

STATEMENT OF CLAIM

about divorce

Years I got married with _________________________________, after marriage my wife was given the surname ____________________. Lived together until ___________________ year. After that date, my wife left me, moving to live with her parents, since that time we have not been running a common household.

We have no joint children from this marriage. There is no dispute between us about the division of property that is joint property of the spouses.

Further life together is impossible, the defendant does not object to the dissolution of the marriage, although he avoids appearing at the registry office for the voluntary dissolution of the marriage, without motivating his actions in any way.

According to article 21 of the Family Code of the Russian Federation, the dissolution of a marriage is carried out in court also in cases where one of the spouses, despite having no objections, evades the dissolution of the marriage in the civil registry office (refuses to submit an application, does not want to appear for state registration dissolution of marriage and more).

Based on the foregoing, in accordance with Article 21 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation

I beg:

    A marriage between ______________________________ and ____________________________, registered on ______________ in the registry office of the _____________ district of _______________, act entry No. __________, terminate.

List of attached a statement documents :

    Copy of the statement of claim

    Document confirming payment of state duty

Date of filing the application "___" _________ ____, Signature of the plaintiff _______

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Sample document

Important: when contacting the appropriate authority with this document, do not neglect the help of professional lawyers.

This exemplary sample was prepared for you by the specialists of Pravo Lex, who are ready not only to draw up a statement of claim, complaint and other document taking into account your specific situation, but also to give you legal advice on the procedure for filing a document and the line of conduct in court, as well as to provide protection of your legitimate interests when considering a statement of claim, complaint.