What documents are needed to file for divorce?

Divorce is a rather painful process for couples, and if minor children become hostages in it, then this complicates the procedure even more. Legally, there are a number of rules for initiating divorce proceedings if there are children under 18 years of age, and age is also taken into account in the procedure. What are the rules for divorce in 2022?

Rules and conditions for divorce in the presence of young children

The very essence of dissolving family ties implies that the couple will also consider the question of who the child will stay with, who and how will provide for his needs not only financially, but also devote time to his upbringing. Legally, in the Russian Federation, only a court can dissolve the marriage of a couple with minor children, even if the spouses do not have any claims against each other.

Expert opinion: If partners have disputes regarding the future child and his provision, then the court, in essence, protects the rights of the child on the battlefield of his parents. The court decides the issue of his residence, the collection of alimony, and the participation of parents in his upbringing. Once the parents reach consent, this process takes place as quickly as possible and with conditions beneficial to all parties.

Procedural features depend on the age of the child, so first of all, it is important to know what rights a man and woman who decide to divorce have.

Download the divorce application

General divorce procedure

As already mentioned, the Family Code of the Russian Federation states that if minor children are being raised in a family, such a case will only be considered in court on a general basis. There are no age-related features if the child is over 1 year old. However, the mother of the child has the right to demand the establishment of alimony for her own maintenance if the child is under 3 years old.

The issue of alimony for both the child and the mother is considered in a separate statement of claim; we wrote about this in detail in our article.

Child under one year old

If the spouses wish to divorce if they have an infant child, Art. 17 of the Family Code of the Russian Federation introduces a number of restrictions on the rights to initiate a procedure. However, they all refer to a man:

• the husband does not have the right to file for divorce if his wife is pregnant;
• a man has no right to divorce if he has a child under 1 year of age;
• the restriction also applies if the child is stillborn or if he subsequently dies within 1 year from the date of birth.

These restrictions were introduced to protect the rights of the spouse and child, since this process can be caused by stress and lack of sleep in the first months after the birth of the baby. In addition, the psychological state of a woman after childbirth can be complicated by physiological problems.

The restrictions come into force from the moment the fact of pregnancy or the birth of a child is established and up to 1 year, provided that the woman does not agree to divorce. A man can challenge this provision of the law only if he has doubts about his right to paternity.

However, with the woman's consent, divorce is still possible.

If the child is not alone

The procedure for dissolving marital relations between spouses does not depend on the number of children. However, this may affect the number of hearings as the amount of information examined and evidence considered will increase.

Exceptional cases

Sometimes the law allows situations in which divorce is possible through the registry office. These include situations when:

• one of the spouses is declared incompetent;
• one of the spouses is declared missing;
• one of the partners was sentenced to imprisonment for a term of more than 3 years.

In these circumstances, an application should be made to the registry office.

Divorce procedure with minor children

When making a difficult decision, spouses must collect a package of documents and go to court. The outline of this process very briefly looks like this:

1. Drawing up a statement of claim.
2. Applying to court with a package of documents.
3. Trial.
4. Decision on divorce.

Statement of claim

Drawing up a statement of claim is a rather difficult task, since it is necessary to indicate all the requirements and, based on articles of law, present the whole picture of what is happening. It is necessary to draw it up correctly and take into account all the nuances, because the future of your children will depend on the content of the agreement, both materially and psychologically.

The application must indicate the requirements regarding:

• children's places of residence;
• material support for minors;
• how exactly the second spouse will participate in the process of raising children and the mode of communication.

Also, it is important to correctly indicate the name of the court, its address, personal data of the plaintiff and defendant, information about the marriage - when it was concluded and where, as well as indicate the reasons for the divorce.

It is usually difficult for the parties to formulate all the necessary terms of the contract on their own. Trust our lawyers, who have invaluable experience in preparing these types of documents.

The statement of claim, depending on the circumstances, is filed with the Magistrates' Court or the District Court.

Sample statement of claim

We have provided a sample statement of claim relevant in 2020 for divorce with minor children. However, please note that this sample is typical and in case of a more complex situation, it is best to contact a lawyer.

Divorce documents if there are minors

The list of documents required for divorce is regulated in the Civil Procedure Code of the Russian Federation, namely in Art. 132. It is quite typical, since situations always differ, and in some cases other documents may be needed. So, the court will need to provide:

• a copy of the plaintiff's passport;
• receipt of payment of state duty;
• marriage certificate - original and copy;
• certificate of residence and family composition;
• a copy of the application for the defendant.

If the plaintiff is unable to attend the trial and his interests will be represented by a third party, a power of attorney with a full list of his powers must be issued to the representative.

If disputes arise about children, the following documents may be needed:

• conclusion of the guardianship and trusteeship authority;
• documents confirming the material and living condition of the defendant’s place of residence;
• information about the leisure time of minors, documentary evidence of the possibilities of their material support and quality time.

In case of disputes regarding the division of property, you will need to provide the court with:

• certificate of ownership of a house, apartment, car, etc.;
• purchase and sale agreement, documents confirming expenses for joint purchases;
• certificate from property appraisers.

Payment of state duty

The plaintiff is required to pay a state fee when filing an application. In some cases, the court may impose obligations on the defendant to reimburse these expenses, but without a receipt for payment, the application will not be accepted.

• In case of divorce with minor children, the state duty is 600 rubles from the plaintiff, and the same amount is collected from the defendant.
• When considering cases requiring determination of the place of residence of children, the process is not subject to state duty, and when dividing property, a state duty is charged, regulated by law in this situation.
• Also, both spouses will be required to pay another state fee when applying to the registry office to register the divorce and receive a certificate.

How does the trial work?

After the claim is filed, the judge schedules a hearing on the case. As a rule, the procedure takes place in 1-2 court sessions, but sometimes in more controversial situations more meetings in court may be necessary.

At the first hearing, the judge asks the defendant whether he agrees with the claim. If the answer is yes and the court has provided sufficient reasons for divorce, the procedure ends there.

In case of disagreement with the divorce, the spouses are given a period of up to 3 months for the possibility of reconciliation.

In the absence of a divorce agreement, regarding children and their support, the court independently makes decisions on the following issues:

• who will be the child's legal guardian;
• based on the above point, who will pay alimony and in what amount;
• other issues at the oral request of the plaintiff (alimony for spousal support, etc.).

After the process is completed, the judge makes a decision, which is given to both spouses in writing. The document indicates absolutely all the nuances of this process.

It is important to understand that a court decision is not a point in the history of a social unit. Legally, the marriage is considered completed only after the appropriate stamp is affixed to the passport.

Registration of divorce

A court decision on divorce comes into force 30 days from the date of its issuance. This period is given so that one of the spouses has the opportunity to protest it if necessary.

The court independently sends an extract of divorce to the registry office, but the spouses must contact the district office with the following documents:

1. Application on form No. 10.
2. Receipt for payment of state duty - 650 rubles. in 2022.
3. A copy of the court decision.
4. Passport for marking.

The marriage is considered dissolved after the spouses have this mark in their passports and have a divorce certificate in their hands.

Who does the child stay with after divorce?

As a rule, in the Russian Federation, minor children remain with their mother after a divorce, and the father is required to pay child support. However, the following factors are taken into account in the legal process:

• the desire and capabilities of the parents: the father does not always refuse his own obligations and wants to leave the baby to the mother;
• the child’s opinion is taken into account provided that he has already reached 10 years of age;
• the court evaluates the financial capabilities of the spouses and social and living conditions.

How is property divided in a divorce with minor children?

The principles of division of property according to the Law are the same in situations with and without children. As a rule, joint property is divided in half, in addition, debt obligations are also divided in half.

Finally

In summary, parents who decide to divorce should think carefully and weigh their claims and evaluate how these requirements will correspond to the interests of the children.

How to get a divorce: procedure, fees, documents

We talk about how to get a divorce in 2020 and what documents you need to collect, what fees to pay and where is the best place to start.

In 2020, the procedure for divorce in Russia has not changed. A marriage can be dissolved through a specialized civil registry office - administratively, as well as through a court if there are mandatory circumstances for this.

So, let's look at each method in detail and tell you how to get a divorce in 2022 and what is needed for this. If you need the most up-to-date information and prompt advice, it’s better to ask a lawyer! It's free and fast!

Administrative procedure for divorce through the registry office

An application for divorce must be submitted to the registry office at the place where one (or both spouses) is registered, or at the place where the marriage is registered.

The state duty will be 650 rubles. It is paid by each spouse separately.

Mandatory requirements for divorce in the registry office:

• consent of both one and the other spouse to terminate the marriage;
• the spouses do not have common minor children;
• both spouses are ready to appear at the registry office, or one can send a notarized statement.

IMPORTANT: Contrary to misconceptions, the presence of disputes about property does not deprive spouses of the right to divorce in the registry office. The division of property can be resolved in the future by filing a separate claim and already having a divorce certificate in hand.

• This method of termination also applies to a situation where the second spouse is sentenced to imprisonment for a long term (3 years or more), or in relation to him there is a court decision declaring him incompetent or missing.
• The state duty in this case will be 350 rubles.
• A complete summary of all the conditions for divorce in 2022 in the Russian Federation is given below.

After one month has passed from the moment the application was submitted, you can receive a document on divorce, that is, the entire divorce procedure takes just over a month.

Read also: A car for a large family from the state in 2020

Judicial procedure for divorce

If at least one of the above conditions is not met, the marriage is dissolved through the court by filing a claim for divorce in the appropriate court:

• in a global case - if there is no dispute about the place where minor children will live after the divorce and the amount of joint property to be divided will not exceed 50 thousand rubles.
• in the district - in all other cases.

IMPORTANT: It is not at all necessary to include in one of the requirements for divorce and separation. A claim for divorce can be filed in a magistrate’s court, and a separate claim for division of property can be filed in a district court.

A statement of claim can be prepared with the help of a professional lawyer (advocate), or independently based on the available standard samples posted on the official websites of the courts. The main thing is that it must comply with all the requirements of civil procedural legislation.

If you have questions regarding filing a divorce claim, ask our lawyer!

The amount of state duty when filing a claim without division of property will be 600 rubles, and with division - based on the value of the property. It is now quite easy to calculate the state fee yourself by going to any free website to calculate the state fee for the court or using the built-in calculators to calculate the fee on the court website.

IMPORTANT: For details of the calculation of the fee when combining a claim for divorce with claims for division of property, see here.

Application for divorce

An application to the court for divorce is drawn up in accordance with the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation. But it doesn’t say how to get a divorce in 2020 through the court, no - it only contains general requirements for a statement of claim.

In particular, in your claim you need to indicate:

• Name of the court and its address;
• Full name of the plaintiff, defendant, their addresses and contacts;
• Description of the situation: when the marriage was concluded, when the relationship ended;
• Additional information about children (if any), the reason for the request for divorce, information about the place of residence of the guardian (if one of the couple is incapacitated), the manager of the property of the missing person (if the court recognizes one of the couple as such), the address of the institution where one from a married couple is serving time for breaking the law, etc.
• Request to the court;
• Personal signature, date of filing the claim and attachments.

You can see a sample claim below.

The following documents must be attached to the claim:

• Copy of the passport;
• Marriage and children certificate (copy);
• Certificate of place of residence of children (if any);
• Receipt for payment of duty.

During the court hearing on divorce, the court may also resolve the following issues:

• making a decision on determining the place of residence of children under the age of majority (with mom or dad);
• assignment of alimony for the maintenance of a child and for a former spouse;
• division of property and debts that the spouses acquired together.

After the decision is made, there is a one-month period for appeal. Within 3 days from the moment the decision entered into legal force, each of the former spouses receives an extract from the decision.

After paying the state fee (650 rubles each), persons who have divorced receive a certificate of divorce from the registry office (at this moment they have the opportunity to change their last name). It should be remembered that with a change of surname it will be necessary to change the passport.

It is important that the court will make a decision regardless of:

• consent or disagreement of the other party;
• absence of the other party.

If a positive decision is made on the divorce of the spouses, the registration authorities must make changes within three days. Registration actions of these bodies in the event of divorce of parents with minor children are regulated by Federal Law No. 143 of 1993.

You can apply for alimony both during the divorce and after. Find out more about how to apply for alimony yourself or consult a lawyer.

What else you need to know about getting a divorce

If less than 1 year has passed since the birth of the child, then the wife has every right to refuse a divorce and even the court will not be able to dissolve the marriage.

This situation also applies to cases where:

• The wife is pregnant;
• The child died during childbirth or died before reaching one year of age.

Regarding the issue of divorce if there is a child or children under three years of age in the family, in addition to the provisions established by Art. 17 SK restrictions, there are no obstacles to divorce.

The only significant feature for a husband who decides to divorce if the child is under 3 years old lies in the specifics of alimony obligations: until the child turns three years old, the woman has the right to go on maternity leave and is not able to work. In this regard, the financial burden of maintaining the child and the spouse falls on the husband.

If the spouses divorce while the wife is on maternity leave, the husband will be required to pay alimony not only for the child, but also for the spouse until the child reaches 3 years of age or until the ex-wife is officially employed.

What documents are needed for divorce

Before submitting an application to the competent government agency that resolves issues of annulment of a marriage, a person intending to get a divorce should collect the package of documents required for a particular case. Based on the grounds for termination of marriage ties prescribed in family legislative acts, we can distinguish 4 cases when different lists of documents are required to initiate the dissolution of marriage ties:

1. In the registry office, if the wife and husband divorce by mutual agreement.
2. In the registry office, if one of the spouses expresses the intention to divorce unilaterally.
3. Through the court, if one of the spouses protests against the severance of family relations.
4. Through the court, if the spouses dissolving the marriage have a minor child together.

List of documents for divorce proceedings at the registry office

If the separation occurs by mutual consent, then the spouses must jointly prepare the necessary papers and then submit them together to the state registry office in order to formalize the dissolution of the family union. The list includes:

1. Eighth application form. The form can be downloaded online from here.
2. Marriage certificate.
3. Document for state duty, which confirms its payment.
4. Passports from wife and husband.

Before contacting the state civil registry office with a request to terminate a family relationship, spouses must take into account that, according to the law, the civil registry office will not dissolve the marriage if there are minor children or if one of the spouses objects to a divorce.

If a divorce occurs on the unilateral initiative of one of the participants in the marriage relationship, then the interested applicant must contact the divorce department of the state civil registry office and submit to its employees the following documents:

• Ninth application form. An online sample of it can be found here.
• An official document from the registry office regarding the registration of marital relations.
• A court decision (copy) or sentence (copy) recognizing the following legal status of the second spouse:
  • Absence from residence.
  • Declaration of the dead.
  • Incapacity.
  • A criminal conviction for a period exceeding three years, which is accompanied by his placement in a correctional colony.
• A certificate recording the death of the other spouse. It is issued if the place of death and the time of his death are reliably known.
• Applicant's passport details.
• A document confirming payment of the established amount of duty.

It should be noted that a spouse who wishes to divorce on his own initiative is not obliged to take into account, when sending documents to government officials, whether he has offspring who have not reached the age of majority or not. According to legal norms, the divorce procedure in this situation will be carried out in any case.

The termination of a marriage is considered to have taken place from the moment an entry is made in the book registering civil status. The registry office has a statutory time period of 30 days for this after receiving the necessary papers. During this time, employees must make an appropriate entry in the book, print a divorce certificate and issue it to each of the former spouses.

A citizen of the Russian Federation and a foreigner, when dissolving a family relationship through the Russian registry office or the Russian consulate in the territory of a foreign state, for each case described above, are required to provide a similar package of documents.

List of documents for divorce in court

If one of the spouses does not agree to sever the marital ties by joint agreement, then the documents for divorce in court will include:

1. A statement written to initiate divorce proceedings. A sample of it can be found here. In the application, the interested party must briefly describe the essence of the matter, namely:
   1. Reasons that prompted the dissolution of family relations with the other spouse.
   2. Reasons that, in the applicant’s opinion, do not allow the marriage relationship to be maintained.
   3. Circumstances due to which the defendant does not want to get a divorce.
   4. Request for annulment of marriage and division of property acquired during the marriage, if the spouses have it. The property of adult children cannot be divided under any circumstances.
2. Document on registration of family relations with the defendant.
3. Copies of the plaintiff's passport data.
4. Evidence of the circumstances pointed out by the plaintiff and which prompted him to initiate divorce proceedings. These could be photographs and videos depicting the other spouse during infidelity; documents from medical institutions confirming alcoholism or drug addiction of the husband or wife; medical certificate of bodily injury; written testimony from witnesses about the immorality of the defendant’s behavior; evidence of excessive gambling; testimony of witnesses confirming the defendant’s reluctance to earn money and feed his family; written testimony that, for example, the husband does not want to take care of his sick wife, who has a registered disability.
5. Payment of the state fee for judicial services confirmed in the relevant document.
6. A prenuptial agreement or agreement for the distribution of common assets. They will be required when dividing property assets.
7. Documents establishing the right of one or both spouses to material assets, for example, privatization, sale and purchase agreements, judicial acts awarding an item to one of the spouses. These official papers must be presented to the judge if the division of common assets is planned.
8. Appraiser's acts.

You can submit documents for review in the following ways:

• Personal visit to the court office.
• By mail.
• Through the Internet portal of the State Automated System “Justice”. To be able to work with the system, you first need to register an account on the State Services portal.

If the spouses have a minor child, then the interested person should use the following list of documents for divorce in court to select from it the necessary documents for individual purposes:

1. A claim document sent to the magistrate or to the district court, depending on whether the participants in the family union have disagreements over the educational measures that must be applied to the children, as well as about their future place of residence. A sample application form can be downloaded here.
2. Marriage certificate.
3. A copy of the applicant's passport data.
4. Documents for minor children, which contain information about the time and place of their birth.
5. Agreement on the transfer of child support. In addition, if there are appropriate grounds, alimony provision may be established by the court for the former spouse.
6. Official papers confirming the earnings of the future payer of alimony benefits, for example, a 2-NDFL certificate or a tax return.
7. Agreement about the child. Here the conditions for communication with them by a parent who does not live with him are prescribed, the address of their future place of stay.
8. An agreement on the distribution of common property or a marriage contract. They are necessary when, along with the dissolution of the marital union, a dispute over joint assets is resolved.
9. Documents establishing the right of one or both spouses to material assets, for example, privatization agreements, purchase and sale agreements, judicial acts awarding an item to one of the spouses.
10. Appraiser's acts.

You can submit documents for review in the following ways:

• Personal visit to the court office.
• By mail.
• Through the Internet portal of the State Automated System “Justice”. To work with the system, you first need to register on the State Services portal.

After the judicial act has been given legal force, the office of the court is obliged, within a time not exceeding 3 days, to mail an extract from it to the former spouses and the state civil registry office. The decision legally formalizes the couple's divorce.

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Having received the above extract, the ex-husband and wife separately must prepare:

1. Tenth application form.
2. Certificate of marriage.
3. Transfer of state duty to treasury accounts certified by a receipt or other document.
4. Court transcript.
5. Passport.

You need to come with these papers to the state registry office and transfer them to the department dealing with divorces. Then, at the appointed time, each spouse visits this department a second time and picks up the prepared divorce certificate.

A citizen of the Russian Federation and a foreigner, when dissolving a family relationship through a Russian judicial authority, are required to provide a similar package of documents for each case described above.

Features of divorce in the presence of children

List of features Commentary Trial only Married couples are not allowed to divorce through the registry office if they have a minor child. This is due to the fact that the judge has the necessary legal qualifications to resolve divorce disputes and can take measures to ensure and protect the legal interests of a minor child. The alimony issue is resolved without fail. The role of alimony is that it ensures the existence of the child and the satisfaction of his interests, for example, in the field of education, treatment, sports, etc. The court ensures that parents do not violate the rights of children in the field of material support and do not deliberately reduce the amount of payments due to them. It is necessary to decide which parent will look after and raise the children. In this case, it is necessary to evaluate several parameters:

• Financial status of each parent.
• The child's attitude towards them.
• The living conditions of the spouses.
• Characters and behavior.

The assessment of the above criteria is the function of the court, which can, if necessary, take the help of experts.

Participation in the process of an employee representing the guardianship authority is mandatory. His participation represents an additional guarantee provided by the state. This person ensures during meetings that the interests of children are respected and are not infringed. Taking into account the opinion of a child between the ages of 10 and 18 This right is enshrined in the Family Code and allows the child to choose the parent with whom he wants to live in the future.

Situations in which divorce will be refused

Family law does not allow a husband to divorce if:

1. He is in a registered relationship with his pregnant wife.
2. At the time of sending the documents on the termination of the marriage to the judicial authority, the common child had not celebrated his first birthday.
3. One year has not passed since the stillbirth of the baby.

Married women do not have such restrictions, so they can initiate a break in family ties whenever they wish.

State duty amount

It varies depending on the grounds for dissolution of the marital union.

State body Civil Registry Office Judicial body Mutual divorce costs 650 rubles, which are paid separately by each spouse. A unilateral divorce costs 350 rubles, which is paid by the interested spouse. The claim will be considered by a judge after 600 rubles are transferred to the accounts of the Russian Treasury. Payment is recognized as the legal obligation of the plaintiff. Alimony disputes are duty-free for the plaintiff. If the defendant loses the case, he will be required to pay 150 rubles. Filling out and printing a divorce certificate at the state civil registry office costs 650 rubles, which is paid separately by each spouse.

When dividing property values, the cost of the duty is calculated based on the value of the plaintiff’s claims, expressed in Russian rubles.

Cost of the plaintiff's claims How to calculate the fee No more than twenty thousand rubles. 4% of the value of the claims will be charged. The minimum duty is four hundred rubles. From twenty thousand one ruble to one hundred thousand rubles Eight hundred rubles are charged, to which is added 3% of the cost of claims exceeding twenty thousand rubles. From one hundred thousand one ruble to two hundred thousand rubles Three thousand two hundred rubles are charged, to which is added 2% of the value of claims exceeding one hundred thousand rubles. From two hundred thousand one ruble to one million rubles Five thousand two hundred rubles are charged, to which is added 1% of the cost of claims exceeding two hundred thousand rubles. Over one million rubles Thirteen thousand two hundred rubles are charged, to which 0.5% of the value of claims exceeding one million rubles is added. The maximum duty is sixty thousand rubles.

Arbitrage practice

The case was heard in the Lefortovo judicial district of Moscow at court site No. 406 in July 2010.

The husband appealed to the magistrate with a request to dissolve the marital relationship with his wife, since the marriage with the defendant did not work out and maintaining family relations is impossible.

During the marriage, the parties to the proceedings had a child who was under the age of majority at the time the proceedings began. In relation to him, the spouses reached an agreement regarding his place of residence and alimony.

They divided the property acquired during the marriage before the trial.

The defendant agreed with the claims and did not object to the separation from her husband.

For this reason, the judge did not find out the reasons and motives for the divorce and refused to provide a period for reconciliation of the spouses. Having indicated that the continuation of the marriage between the spouses was impossible, the court decided to divorce.

Regulatory framework

Regulatory Act Articles Tax Code (Part 2) Article 333.19 – tax fees for judicial services. Article 333.26 – tax fees for registry office services. Family Code Article 17 – prohibits a man from breaking family ties with his wife on 2 grounds. Article 19 – legal reasons for severing marriage ties in the state registry office. Article 21 – legal reasons for breaking marital ties in a judicial body. Article 25 is the point in time after which family relationships are recognized as ending. Article 55 ensures that a minor has the right to communicate with his parents. Article 56 provides a minor with the opportunity to be protected by state authorities and parents. Article 57 allows a child, upon reaching the age of 10, to choose the parent with whom he wants to remain. Article 60 establishes the right of a minor to material support, including alimony, and to the inviolability of material assets that he owns. Article 160 determines the procedure for terminating a marriage between a foreigner and a citizen of the Russian Federation.

Divorce procedure

Family life does not work out well for all couples. Divorces have become not a rare occurrence. And if getting married does not present any particular difficulties, then the divorce procedure in 2020 is a longer, legally complex process. Divorce is carried out in the registry office or court, depending on the circumstances of the specific family situation.

Divorce is a procedure consisting of several stages. Its duration depends on which body will dissolve the marriage. The rules for terminating marriage relations are prescribed in the Family Code and the Federal Law “On Acts of Civil Status”.

Reference: In accordance with the legislative framework, the divorce process is carried out by two government authorities: the civil registry office and the court. There is a clear division between which divorces are carried out in the registry office and which in court.

Those spouses who have:

Those spouses who apply to the court:

Also, through the registry office, a unilateral divorce is carried out when the second spouse is missing, incapacitated, or serving a sentence in prison for more than 3 years.

Who can file for divorce

Two spouses or one of them can initiate the divorce process. If both want to end the relationship, then it will not be a problem to document this.

Married couples without children and claims against each other must come to the registry office and submit a joint application.

If spouses have children or common property, but both want to divorce, then either spouse files a lawsuit, and the other does not prevent the divorce.

If the husband or wife does not agree to divorce, the interested spouse will also be forced to go to court. In this case, the process may be delayed, since the judge will give the parties a period for reconciliation. In addition, a spouse who refuses to divorce may deliberately delay the process by failing to appear at the court hearing.

An exceptional case when only the wife can file for divorce is when she is pregnant.

The husband cannot initiate a divorce while the wife is pregnant, and also until the baby is one year old. A woman is given this right. In such cases, divorce proceedings occur especially quickly if she is pregnant by another man (not her husband) and he recognizes this fact.

Most married couples manage to give birth to a child, and maybe more than one, during their life together. The law protects the interests of minor children and therefore cases of divorce of spouses who have children are brought before the courts. Only this body can objectively assess the current situation, determine who the children will stay with and how the other parent will help them.

Spouses can independently decide on the issue of determining the place of residence of children and their maintenance.

Most often, after a divorce, children remain to live with their mother. The father must provide for them financially. Spouses can enter into an agreement with a notary, under the terms of which the amount of maintenance is determined. However, the amount of payments cannot be less than that established by law.

Child support is paid in the following proportions:

• 25% of earnings or other income per child;
• 33% - for two children;
• 50% - for three children.

If a person does not have a permanent source of income, then the amount of alimony is set in a fixed amount.

Not all spouses can peacefully resolve the issue of alimony without bringing the matter to court. Often, when filing a claim for divorce, it is also necessary to file a claim for alimony. It is recommended to do this immediately so that you do not have to go to court twice in the future.

Determining the place of residence of children

After parents divorce, all conditions must be created for a comfortable life and development of their child. First of all, this concerns housing.

The parent with whom the baby will live must have his own living space, the ability to provide financially for the child, pay for medical care, purchase clothes, pay for education, etc.

But not only the financial side of the parent is taken into account, but also the moral component: with whom is it easier and more convenient for the baby to live, to whom is he more attached.

In Russia, it has long been the practice that after a marriage is dissolved, the child remains to live with his mother. The baby's father is obliged to take part in his upbringing and help financially.

The courts in most cases support the mother’s point of view and leave the child with her. But this is not always the case. If a woman leads an immoral lifestyle (drinks, uses drugs), and does not have permanent sources of income and her own home, then the court will most likely leave the child with a more prosperous father.

Who does a child stay with after his parents divorce?

What rights does a father have to a child after a divorce?

If there is property

Property acquired during a registered marriage is joint.

This is explained by the fact that the funds used to purchase movable, immovable property and other things are considered joint, regardless of which spouse earns more.

Moreover, this rule applies to those cases if the wife was on maternity leave, was running a household, or for other objective reasons did not earn money.

In particular, property acquired under contracts of sale, exchange, or mortgage is recognized as joint property. Usually these are cars and real estate. In a divorce they are divided equally.

Property acquired under gift agreements or inheritance is not subject to division. In such transactions, the property is transferred free of charge; general savings are not spent on its acquisition. Also, property acquired in any way before marriage is not divided. Clothes, shoes and other personal items are also not shared, with the exception of jewelry.

Spouses have the right to divide property voluntarily by concluding a division agreement or submit this matter to the court. When dividing property through the court, the judge proceeds from the principle of equality of shares between spouses. But the court may deviate from this rule if one of the spouses is supported by children.

Statement of claim for divorce with division of property in 2022.

Marriage contract

The practice of concluding marriage agreements in Russia is not as popular as, for example, in the USA or Europe. Not many people know that spouses use these documents to protect their interests in case of divorce. However, the presence of a prenuptial agreement can significantly affect the situation when dividing property.

It all depends on what is written in the agreement: the parties can stipulate who will get what after the divorce, and determine the shares of each spouse. The agreement can be concluded both before and after marriage registration, but in any case during the period of legal relations.

List of documents for divorce

The documentation package for divorce is significantly different for the registry office and for the court. To terminate a marriage at the registry office, the list of papers is minimal.

How to fill out and download the divorce application form at the registry office in 2022.

What documents are needed for divorce through the registry office in 2022?

Divorce by mutual consent

The following documents are submitted:

• Passport of husband and wife;
• Joint statement (Form 8);
• Marriage certificate;
• Duty payment receipt.

Unilateral divorce

The list of documents is as follows:

• Applicant's passport;
• Application (form 9);
• Marriage certificate;
• A copy of the judicial act in connection with which the spouse has the right to unilateral divorce;
• Duty payment receipt.

Read more about drawing up a unilateral divorce application in 2020.

Divorce in court

It is necessary to collect a more expanded package of documentation on the basis of which the statement of claim is drawn up. Attached to the claim:

• Plaintiff's passport;
• Marriage certificate;
• Children's birth certificate;
• Duty payment receipt.

• The statement of claim must indicate the reasons for the divorce.
• How to fill out and download the court claim form in 2020.
• How to determine which court to file for divorce in 2020.
• What documents need to be collected for divorce in 2020.
• Depending on what requirements, in addition to divorce, the plaintiff claims, the following will be needed:

• Title documents for property (during division of property);
• Certificate of family composition (when determining the place of residence of children);
• Certificates of income (when determining the amount of alimony).

All documents must be in originals. If at least some of them are lost, you need to get a new document or a duplicate.

Ways to file for divorce

Today, citizens are given several options for filing an application for divorce at the registry office. There are four ways to do this:

An electronic application sent through the State Services website must be signed with an electronic signature.

If the marriage is dissolved in court, then the statement of claim is filed:

1. In person to the office of the judicial authority;
2. With the help of a trusted person;
3. By sending by Russian Post;
4. Through the official website of the court.

In which city can you get a divorce?

Many citizens move from place to place, so they are interested in: how to file a divorce if you have not lived in the city where the marriage took place for a long time?

Divorce in the registry office is carried out at the place where the marriage was registered, since this body stores the entire paper archive. You can also submit an application to the registry office of the locality where at least one of the spouses lives.

As for the judicial procedure for divorce, the statement of claim is filed at the place of residence of the defendant. But if children remain with the applicant or for health reasons he cannot travel to the city where the defendant lives, there is the possibility of going to court at the plaintiff’s place of residence.

How long does the divorce process take?

Divorce in the registry office does not take much time: by law it is thirty days from the date of filing the documents. After receiving the application, the civil registry office employee sets a date to arrive for state registration of termination.

The trial process takes much longer: from 1 to 3 or more months. The civil procedure legislation establishes that courts consider cases within a reasonable time. The Code of Civil Procedure of the Russian Federation does not contain more specifics.

The procedure looks something like this:

1. Within five days from the date of receipt of the claim, the judge opens proceedings on the case, sets a hearing date, and sends subpoenas to the parties;
2. The first hearing must be scheduled no later than 30 days from receipt of the claim;
3. During the meeting, the reasons for the divorce are clarified, the parties are given a period for reconciliation (usually 1 month), the hearing is postponed;
4. If one of the parties fails to appear, the hearing may also be postponed;
5. At the next meeting, the spouses’ opinions on the divorce are heard again and a decision can be made;
6. The court decision comes into force after the expiration of 30 days (this period is given for appealing it).

Thus, it is impossible to predict how long a divorce will take in court. But you need to be prepared that you will have to spend time.

Do you need a lawyer?

Citizens can deal with divorce issues on their own or entrust this matter to other persons, for example, a lawyer or lawyer. You can do without the help of a human rights activist if you plan to file a divorce at the registry office.

In the event that the termination of a marital relationship is associated with a number of related problems: alimony, division of property, it is advisable to consult with a human rights activist. After all, each side wants to protect its interests and ultimately not be left with anything.

An experienced specialist will explain how to approach the solution of a particular problem in a legally competent manner. In addition, if litigation is imminent, a lawyer will help you draw up a statement of claim taking into account the specific situation.

Whether the document is accepted for consideration in court depends on how correctly the document is drawn up.

The court may return the statement of claim back to the applicant without consideration if it is drawn up in violation of Art. 131 Code of Civil Procedure of the Russian Federation.

Expenses of the parties during divorce

The financial side of divorce is an important issue. Not long ago, information appeared in the media that legislators want to establish a state fee for divorce in the amount of 30,000 rubles.

They planned to do this in order to reduce the number of divorce proceedings in this way.

However, at the moment the previous laws are in force, and the amount of the duty has been unchanged for several years.

For the current year the duty is:

• Each spouse pays 650 rubles during a divorce at the registry office;
• 350 rubles for unilateral divorce in the registry office;
• The plaintiff pays 650 rubles for filing a claim for divorce in court;
• The spouse pays 1,600 rubles if the surname is returned to the premarital name.

Current data on the amount of duty is contained in Art. 333.26 Tax Code of the Russian Federation.

Also, if a spouse turns to a lawyer for help, then there will be expenses to pay for his services. It is impossible to say the exact amount, since it is negotiable.

When can you get married again?

The conclusion of a new marriage is possible only after the dissolution of the previous marriage is registered in the civil registry book. A divorce certificate is issued as confirmation of the termination of a previously registered relationship.

This document is presented upon subsequent marriage registration. Many are in no hurry to obtain a divorce certificate, but in any case this will have to be done, since a number of legal problems may arise in the future.

The marriage itself ends:

• From the moment of registration of termination in the registry office;
• Entry of the court decision into force.

Within three days after the decision enters into force, the court notifies the registry office of the divorce.

Surname after divorce

After a divorce, the spouse who changed his last name when registering the marriage retains the right to bear his marriage last name or change it to his former one.

Most citizens prefer not to change it, since changing personal data will entail changing many documents. This is an internal passport, international passport, driver's license, pension certificate. If a person wants to change his last name, then when submitting an application he must immediately indicate this nuance.

Nullity of marriage

The process of annulment of a marriage has nothing to do with the dissolution of a marital relationship. Often these concepts are confused. Let's try to figure out what is their difference.

A marriage that was concluded in accordance with all the requirements of the law, without violations, can be dissolved: if there was a mutual desire of the citizens, they have reached marriageable age, are not relatives to each other, etc.

A marriage that was initially concluded with violations is considered invalid: there was no free will of the person, the marriageable age was not reached, there were circumstances that prevented the marriage (marriage between relatives, an adoptive parent and an adopted child, with a person recognized as incompetent, already married, concealment of the presence HIV or other sexually transmitted disease).

A marriage is declared invalid by a court. The court makes a decision on the invalidity of the marriage union from the moment of its conclusion, and it does not bear legal consequences. Such situations happen if citizens or one of them does not provide truthful information about themselves.

Conclusion

Legal registration of divorce is a difficult and sometimes lengthy process. The end of a relationship between a man and a woman is stressful for both, and it is difficult to think sensibly in such a situation. Many points for citizens who do not have special knowledge can raise a lot of questions.

In this article, we tried to highlight the most common problems faced by divorcing spouses. But it is still recommended to seek advice from a lawyer, since the circumstances of the case can be very different.

Source: https://razvodguru.ru/razvod/procedura-razvoda/

What documents are needed for divorce

In fact, in most cases, the dissolution of a marriage through the registry office is a fairly quick and not troublesome process. However, this is true when submitting a full package of documentation.

Contents of the application for divorce

So, for a divorce in the registry office, the main document is the so-called application in form No. 8, confirming the mutual intention of the spouses to sever the family relationship. This form is enshrined in government decree No. 1274.

The paper must contain the following information:

• detailed information about spouses (full name, place of residence, birth data, citizenship);
• details of the marriage certificate or other document replacing it;
• passport details of the spouses;
• name of the authority to which the paper is submitted;
• registration data from the record of the upcoming divorce: date, number;
• surnames of spouses after divorce;
• signatures and date of application;

If the situation is such that only one of the spouses submits an application, then Form No. 9 is provided for him. It contains data similar to the previous form, and information can be provided on the reasons for divorce without the consent of the other spouse (criminal record, recognition as missing, etc.)

How to submit documents

What else needs to be included in the appropriate package to begin the review procedure? The remaining documents are quite ordinary for this type of consideration: this is the original marriage certificate, the applicants’ passport details and a receipt for payment of the state duty provided for in such cases.

The topic of divorce costs is covered in detail in this article.

If court decisions (acts, sentences) were made against the other spouse, then they must also be attached to the package.

If one of the divorcees does not have the opportunity to personally appear to submit documents, then he can prepare the documentation ahead of time and have the form certified by the notary authorities.

The same statement is made by a prisoner serving a prison term and consenting to a divorce. In this case, his signature will be confirmed by the head of the correctional institution.

What confirms divorce

The main document proving the fact of divorce is the divorce certificate. At the same time, each of the ex-spouses is provided with their own separate original document.

The civil and family legislation of the Russian Federation stipulates that this document must contain the following information:

• surnames of citizens after divorce,
• date of termination of marriage,
• passport details of the wife and husband,
• place and date of registration of the divorce, with the number of the corresponding entry,
• who received the certificate and the date it was issued.

Read more about the divorce certificate here.

The divorce process begins the countdown with the submission of a complete package of documentation and counts a month until the dissolution of the marriage, unless the application is withdrawn. If the 30th day falls on a holiday or non-working day, the date of divorce will be considered the next working day.