What documents are needed for divorce through court?

Unfortunately, life is complicated and sometimes writes incredible twists that can lead to family strife and divorce, and then the hardest thing is where to go, what kind of paperwork is needed for divorce through court, and in general, do you always have to go to court?

General issues

So there's a rift in the family and the only solution to this situation is divorce, but divorce can be different, so divorce can be arranged through:

1. Civil Registry Office (CSO).
2. The Justice of the Peace.
3. District Court.

In the case of a family without children and they have no mutual claim (e.g. property or other dispute) such a divorce takes place in the civil registry and does not require recourse to a court (the required documents for the dissolution of the marriage in the registry - the application, the passports of both spouses, the marriage certificate and the receipt of the payment of the State Secretary). In all other cases, divorce proceedings are pending before the court.

Whatever the situation, the principal documents must be used in the judicial settlement of the dispute, the list of which includes:

• Civil Code;
• Family Code;
• Code of Civil Procedure;
• The tax code;

Sometimes it may be necessary

• The Housing Code;
• Mortgage law.

There's a little argument-- you're at the justice of the peace.

In the event that the parties have some disagreement over the so-called property dispute, which does not exceed 50,000 rubles but does not have children, such cases may be settled by a justice of the peace in order to reduce the burden on the district court.

In the case of children, the existence of a child is not always a ground for refusing to hear a case by a justice of the peace.

The list of documents for divorce through the justice of the peace is quite long, but dancing with diamonds will not be necessary to prepare the package in a timely manner.

Reference Model 2 NPFLModel of a receipt of payment by the Ministry of Foreign Affairs Model of a birth certificate Model of a marriage certificate

In the event of a divorce through a justice of the peace, it is usually sufficient to submit to the court, together with the application, a receipt of the payment of the duty, the marriage certificate and the birth of the children (if any), the remaining documents on the list are additional and are made available at the request of the court; however, in order to save time, it is recommended that all these documents be prepared in advance.

With regard to the marriage certificate and the birth of the child, the court would require not only originals but also copies.

The income documents of each family member must be made available to the court if one of the parties has a claim for maintenance, and the parties often agree in advance on the amount and frequency of the payments.

In such a situation, the agreement must be reflected on paper, the document must be certified by the notary and made available to the court for consultation.

The most responsible and often painful issue (after the child has been settled) is the question of the division of property. If the parties were able to agree peacefully before the trial on the division, similar actions are taken, as is the assignment of alimony — the contract document — the notary's assurance of it — to bring the document before the court.

However, if the spouses have not been able to resolve the issue of the amount of property transferred to a family member, a complete list of the property to be divided is drawn up.

Each item is evaluated separately, with the documentation supporting the evaluation being provided, and evidence is prepared that the item was acquired during the marriage and is jointly acquired property.

Thus, we recommend that the most complete divorce package be collected through the justice of the peace if you do not want to waste your time in litigation.

By the way, the value of the duty paid prior to filing the claim is 650 roubles.

It must be understood that for divorce to take place before a justice of the peace it is necessary to file a complaint with the court at the place of the defendant ' s registration, but in some cases it is permissible to hear the case at the place of registration of the plaintiff, namely:

• If there are minors who live permanently with the plaintiff;
• The complainant suffers from serious health problems and has documentation to support this;
• Both parties agree to have the case heard at the place of the plaintiff ' s registration.

The plaintiff can prepare his or her papers for divorce through the courts on his or her own, and he or she can be assisted by a highly qualified lawyer, and at present legal aid providers can not only assist in the preparation of the application but also take over the case in its entirety.

When it's a little more complicated

If the parties are in confrontation, they have children and the issue of their place of residence is not resolved, it is a matter of a set of documents for divorce through the children ' s court; the documents for divorce through the court with the children are similar to the previous package, but there are some additions and clarifications.

The divorce documents listed above are the minimum without which the court will not deal with the case; among other things, the judge may request some additional documents; depending on the region of application, there are specific features.

Statement of claim

Although the list of documents for filing with the court is not regulated, the application must be made directly in accordance with the civil procedure requirements.

As a rule, no special skills are required to form an ordinary claim, and any reasonable citizen can do so.

Another case, if the divorce involves the division of property, the determination of who the child will remain with, and the requirement of alimony.

In such a situation, the application would have several additional requirements, and the best option would be to have a qualified lawyer write the application.

On average, the price of the Russian claim is between 1,000 and 5,000 roubles, depending on the complexity of the case.

Thus, in order to save time and nerves, it is necessary to examine in detail the lists of documents submitted to file a divorce claim and try to prepare a full package.

It's better to have a piece of paper than it takes to order for a month.

What documents are needed for divorce through Zags or court in 2023: there are minor children

If you want to apply for a divorce in 2023, the correct documents will help to speed up this procedure.

If each of the spouses is ready to divorce, then the list of documents will be as follows:

• An application that can be obtained from the registry staff or printed on our website;
• A citizen ' s passport, a foreign passport, can be obtained from a notary ' s certified copy, and the passport will be checked by the husband and wife;
• The marriage registration certificate you received after the wedding;
• A receipt that you paid the money at the bank.

Once the application is filed, the employee of the Zaghs will post the acceptance mark and ask you to come again in 30 days. This time limit is given in case you change your mind about divorce. During these 30 days, the application can be withdrawn.

Remember that only couples who meet the conditions can apply for such an application:

• There are no common or adopted children under the age of 18; if there is a child, then only a court can divorce;
• There's no dispute about sharing common property, you have to share it peacefully on your own;
• The marriage is dissolved in Zgsa if the husband or wife is not able to do so;
• If a husband or wife sits or will serve a sentence in prison for more than three years, she will also have to go to the registry office.

You need very few documents to get divorced in the Zagsa, enough of the marriage certificates you received after your wedding, and you'll also need the application to the Zags on behalf of both spouses.

There are three kinds of it, pick one that fits your situation:

To be filled in in the following order:

• In the left and right upper corner, the Zags staff must set a date and registration number, you don't need to touch these lines.
• But the lower lines in the upper right corner are already filling in the spouses, which is where you're going to divorce, as well as the name of the husband and wife.
• In the first paragraph, you must write your last name, first name and patronymic.
• In paragraph 2, specify the date of your birth.
• In the third, fill in the place of birth that is printed in your passports.
• The fourth paragraph should indicate nationality.
• The fifth paragraph is filled out if you want, you can state your nationality here. If you don't want to, then just put a line on the whole line.
• In the sixth paragraph, write your place of residence, remember to indicate the city, the street, the house number, and the apartment.
• In paragraph 7, please specify your passport data, series, unit number and code; fill in all sections very carefully, they will be checked.
• Don't touch the eighth point, the Zags' employees will tell you what to add to it.
• There will be two lines downstairs, indicating the names that the husband and wife want to keep after the divorce.
• And in the last line, put your deciphering signatures.

You can write it in a random form or use the available examples from our specialists, and you can also ask the Zags staff for a sample of the applications.

You may have lost your marriage certificate, you may not be able to file for divorce without it, but you shouldn't be desperate, you can always ask for a duplicate in the bag, you should go to the Zags where you registered the marriage, then you can give the duplicate on the day of the appeal.

In 2023, for a divorce, you need a receipt for a government fee of 650 rubles, a divorce application, a copy of a passport.

But remember, if the divorce is in the bag, then the government has to pay for each of the spouses, you have to file an application with the two of you.

If a claim is brought before a justice of the peace (if there are minor children or disputes over the division of property and debts), only the plaintiff pays 600 rubles.

Any one of the spouses can request a duplicate. Only in this situation will there be a new problem. If one of the spouses does not want to divorce voluntarily, you will not be able to apply to the Zags. You will have to go to court, file a statement of claim, collect other documents.

Court-ordered divorce documents

If there are minor children in your couple, you have to go to court, it's not that simple, so read our recommendations very carefully.

1. The most important thing you have to do is to write a statement of claim in a correct and correct manner, and it needs to describe in detail the circumstances and causes of divorce, as well as all the children from marriage and other circumstances.
2. Since the court will have to ask questions about the children, copies of the birth certificate must be attached.
3. You're gonna need a marriage certificate. Don't forget to add a few copies.
4. If you have the opportunity, ask for documents confirming the residence of the defendant (the second spouse) and this may be a certificate from the SCW.
5. It's the easiest thing to do in the nearest branch of the bank, attach the receipt received with a paper clip or a stapler to the statement of claim, and without payment, the court won't even accept your documents.
6. If you cannot or do not want to appear in court on your own, contact a specialist, a lawyer, or a lawyer, and then you will need an attorney for that person.

If you have property, the court may ask for an agreement on the division of property, so be prepared that the court may request other documents as well.

Questions and answers

Marina.
I really want to file for a divorce with my husband, we have a son for two years, and my husband has been treating me badly lately, and the baby too, but he's threatening to keep me from getting a divorce, and he wants to take the baby away. How can I get a divorce without his husband's consent? What kind of documents do you want? Can he take the baby?

Response
You don't need your husband's consent for a divorce if you go to court, you need to prepare a statement of claim and the entire set of documents that we described in the article. The court tries to leave the child with the mother in such situations.

Vladimir
I want to get a divorce with my wife, but I'm always busy at work, so I went to a lawyer, I gave him a confidant, I brought the papers he asked for, could he write everything out of my hand, go to court, talk to my wife about divorce?

Response
The lawyer can now handle your case completely, without your involvement, and he himself will write all the documents, go to court and communicate with his wife.

Oleg
Tell me, how much is a divorce?

Response
For a divorce, the government has to pay 650 rubles.

Oksana
My husband went missing two years ago, and the police gave him a document saying he was missing, so tell me where I need to go for a divorce, and what documents do I have to prepare?

Response
First, you have to go to court to find your husband missing. Once you get a decision, you have to file an application for divorce.

Andrei
I wanted to file an application for a divorce with my wife, and they said I had to give you the address of my wife's residence, and I wanted to get an extract from my home book, and I said that my wife wasn't registered anywhere, living in my mom's apartment, and what am I supposed to do about it?

Response
You can also state that she is not registered anywhere and that she has an address for her actual residence, i.e. her mother's apartment.

Nikolai
Divorced my wife three months ago, she didn't pay for alimony, but I want to pay the baby for day care, for food, for toys, and give the money to the mugs different, so he can develop and not need anything.

And then she wouldn't complain about it either, but he would give her the money right into her hands first, and he would ask her to give me some receipt that she got the money, and she wouldn't sign anything.

Tell me, how can I pay the expenses so that there's some kind of confirmation?

The answer is to send a mail to her name with a note. You can also make payments through the bank on her card or account, indicating the payment. Keep all checks mandatory.

Daria
I'm 25 years old, I want to divorce my husband, I have a daughter, I'm 6 years old, I want to leave with a child to live in Spain, but my husband doesn't want us to move, he agrees to a divorce, he pays for a child, too, tell me what I can do.

Response
You can file for divorce through the court; you will have to obtain your husband ' s consent in order to move to a permanent place of residence in another country. If you do not consent voluntarily, you will also have to apply to the court.

Marina.
I have a disabled husband who hasn't lived together in years, and I'm the only one raising two children.

Response
You are also entitled to apply for alimony.

Vladimir
We haven't lived together with our wife in three years, we both live in France, and we've married in Russia, and we want to divorce in Russia, but we can't come.

Response
The simplest option would be to go to a law firm or a lawyer, make sure they're trusted and send their express mail to the lawyers, and then they'll go to the court or court on your behalf and help break up the marriage.

Response
You're gonna have to go to court yourself, because you have children under the age of 18. If your wife doesn't want to give a marriage certificate, you're gonna have to go to Zags and get a duplicate. It's only gonna take a few hours.

Tatiana.
My husband wants a divorce, we have two children from marriage, a five - year - old girl, a six - month - old boy, and we bought two cars and an apartment during marriage.

My husband says he has no time to write all these documents, he wants me to do it. Please tell me what I need to do.

Please tell me about these moments.

Response
In your situation, you only have to go to court because you have minor children, and you have a child who has not reached the age of a year. In such a situation, only the mother can file an application. Since you have two children, you can state in your application that you are asking the husband to collect 13 parts of his salary for maintenance.

You can also draw up a written agreement in which you can describe the payment of various expenses. This agreement must be certified notarized. The same applies to communication. Talk to your husband about the time, days and order of communication with children. You can even prescribe the exact hours, such as Monday, Wednesday, Friday from 6 p.m. to 10 p.m., and 3 weeks in June.

Please attach this document to your statement of claim.

Oksana
We signed with our husband eight months after the baby's birth, we don't live together for a month, the child is not interested, the child is not registered, the father is a different person in the count, I want to file for divorce, we can divorce through the registry office, and does he have any rights to the child?

Response
Article 21 of the Family Code of the Russian Federation states that the dissolution of a marriage is subject to judicial proceedings if the spouses have a minor child; if your child is registered with another man, it is not common; if your husband is opposed to divorce, then he will have to go to court.

What documents are needed for divorce?

Before submitting an application to the competent public authority responsible for the annulment of a marriage, the person who is about to divorce should collect the documentation required for the particular case. 4 cases may be distinguished from the grounds for the termination of the marriage as laid down in the family legislation, where different lists of documents are required to initiate the dissolution of the marriage:

1. In the civil registry, if the wife and husband divorce by mutual agreement.
2. In the civil registry, if the intention to divorce is expressed unilaterally by one of the spouses.
3. Through the courts, if any of the spouses protested against the break-up of the family relationship.
4. Through the court, if the spouses who dissolved the marriage had a minor in common.

List of divorce documents in the civil registry

In the event of a separation by mutual consent, the spouses must jointly prepare the necessary papers and then submit them together to the public registry office for the purpose of the dissolution of the family union.

1. Eighth form of application, you can download the form online from here.
2. A marriage certificate.
3. It's a government document that confirms her payment.
4. My wife's and my husband's passport.

Before applying to the public registry office for the termination of family relations, spouses must bear in mind that under the law they are not dissolved by the civil registry if they have minor children or if one of the spouses does not wish to divorce.

If the divorce takes place on the unilateral initiative of one of the parties to the marriage, the applicant concerned must apply to the divorce department of the civil registry office and submit documents such as:

Official document from the registry office on the registration of marital relations.

The judgement (copy) or sentence (copy) recognizing the following legal status of the second spouse:

• Absent residence.
• Deceased announcement.
• Inability.
• Criminal conviction for more than three years, accompanied by his placement in a correctional colony.

• A certificate recording the death of the other spouse is issued if the place of death and the time of his retirement are known.
• The complainant ' s passport.
• A bill of payment of the fixed amount of the duty.

It should be noted that a spouse who wishes to divorce on a sole initiative is not obliged to take into account, when submitting documents to a public official, whether or not he or she has children under the age of majority, and that under the law, the divorce procedure will take place in any event.

The termination of a marriage is deemed to have taken place since the entry into the civil register, and the civil registry has a legal time limit of 30 days after the receipt of the required papers, during which time the employees must enter the relevant entry into the book, print the divorce certificate and issue it to each of the former spouses.

A citizen of the Russian Federation and a foreigner are obliged to provide a similar package of documents on the basis of the dissolution of family relations through the Russian civil registry or the Russian consulate on the territory of a foreign State for each of the cases described above.

List of documents for judicial divorce

If either spouse does not agree to the dissolution of the marriage under a joint agreement, the judicial documents for divorce will include:

An application written in order to initiate proceedings in a divorce case can be found here. In the application, the party concerned must give a concise description of the nature of the case, namely:

1. The reasons that led to the dissolution of the family relationship with the other spouse.
2. The reasons, which, in the complainant ' s view, do not allow for the continuation of the marital relationship.
3. The circumstances in which the defendant does not wish to divorce.
4. The requirement for the annulment of marriage and the division of property acquired in the marriage if it is owned by the spouses; the property of the adult children cannot be divided in any way; the document on the registration of the family relationship with the defendant.
5. Copies of the plaintiff ' s passport.
6. Evidence of the circumstances invoked by the plaintiff, which prompted him to start divorce proceedings, such as photographs and video recordings of the other spouse during treason; documents from medical institutions confirming alcohol or drug addiction to his husband or wife; medical certificates of bodily harm; written testimony from witnesses of the defendant ' s immoral behaviour; evidence of excessive gambling; testimony from witnesses of the defendant ' s reluctance to earn and feed the family; written testimony that, for example, the husband does not want to care for the disabled spouse.
7. The payment of the State fee for judicial services, as confirmed in the relevant document.
8. A marriage contract or an agreement on the distribution of common assets will be required in the division of property assets.
9. Documents establishing the right of one or both spouses to material goods, such as privatization, sale and sale contracts, judicial acts awarding the property to one of the spouses; these official papers must be made available to the judge if a division of common assets is to be envisaged.
10. A valuer's papers.

Documents may be submitted for consideration in the following ways:

• Personal visit to the court registry.
• In the mail.
• In order to be able to work with the system, we first need to register an account on the State Services portal.

If the spouses have a minor child, the person concerned must use the following list of documents for judicial divorce to select the necessary documents for individual purposes:

1. An action document to be sent to the justice of the peace or to the district court, depending on whether the members of the family union have differences because of the upbringing measures to be applied to the children, as well as the place of their further residence.
2. A marriage certificate.
3. A copy of the complainant ' s passport data.
4. Documents for minor children containing data on the time and place of their birth.
5. A maintenance contract may also be established by a court for the former spouse if there are appropriate grounds for maintenance.
6. Official evidence of earnings from a future alimony payer, such as a 2-NDFL certificate or a tax declaration.
7. The child's agreement, which describes the terms of contact of a parent who does not live with him, the address of their future place of residence.
8. A common property agreement or a marriage contract is necessary when a dispute over joint assets is resolved together with the dissolution of the marital union.
9. Documents establishing the right of one or both spouses to material goods, e.g. privatization, sale and sale contracts, judicial acts awarding the property to one of the spouses.
10. A valuer's papers.

Documents may be submitted for consideration in the following ways:

• Personal visit to the court registry.
• In the mail.
• In order to work with the system, we need to get a registration on the State Services portal first.

Once the court act has been given legal effect, the office of the court is obliged, for a period not exceeding 3 days, to mail the ex-husbands and the civil registry office a discharge from it, and the decision is legally issued for the divorce of the couple.

Having received the above statement, the ex-husband and wife shall prepare separately:

1. Tenth application form.
2. A certificate of marriage.
3. A receipt or other document confirming the payment of the State duty to the treasury accounts.
4. Court release.
5. Passport.

These documents must be submitted to the public registry office and handed over to the divorce office, after which each spouse visits the department for the second time and takes the divorce certificate produced.

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

Special features of divorce in the case of children

Trial only	Married couples are not allowed to divorce through the civil registry if they have a minor child; this is because the judge has the necessary legal qualifications to resolve divorce disputes and can take measures to safeguard and protect the legal interests of a minor child.
The maintenance issue must be resolved.	The role of maintenance is to ensure that the child survives and serves his or her interests, such as education, treatment, sports, etc. The Court ensures that parents do not violate the child ' s maintenance rights or deliberately reduce the amount of payments due to them.
It is necessary to decide which parent will look after the children and raise them.	In this case, several parameters need to be assessed: Financial status of each parent. The child's attitude towards them. The living conditions of the spouses. Characteristics and behaviour. The evaluation of the above criteria is a function of the court, which may be assisted by experts if necessary.
Mandatory participation by a staff member representing the guardianship authority	Its participation is an additional guarantee provided by the State, which ensures that the interests of the child are respected and not prejudiced during the proceedings.
Taking into account the views of a child between 10 and 18 years of age	This right is enshrined in the Family Code and allows the child to choose the parent with whom he wishes to live.

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 the pregnant spouse.
2. At the time the divorce documents were sent to the judicial authority, the common child had not celebrated its first birthday.
3. It hasn't been a year since the dead baby was born.

Married women do not have such restrictions, so they can initiate the breakup of family ties whenever they wish.

The size of the majesty

It varies according to the grounds for dissolution of the marital union.

A mutual divorce is worth 650 roubles, which is paid separately by each spouse; a unilateral divorce is worth 350 roubles, which is paid by the spouse concerned.

The lawsuit will be heard by the judge after the payment of 600 roubles to the accounts of the Russian Treasury. The payment is recognized as a legal obligation of the plaintiff. Acquiescence disputes are duty-free for the plaintiff. If the defendant loses the case, he will be obliged to pay 150 roubles. The filling and printing of the divorce certificate in the civil registry office is worth 650 roubles, which is paid separately by each spouse.

When the property is divided, the value of the duty is calculated on the basis of the value of the plaintiff ' s claims expressed in Russian rubles.

The value of the plaintiff ' s claims How to count the duty

No more than 20,000 rubles.	4% of the value of the claim is charged; the minimum duty is 400 rubles.
Twenty thousand one rubles to 100,000 rubles	Eight hundred roubles are charged, plus 3 per cent of the value of claims exceeding 20,000 roubles.
From 100,000 one rubles to 200,000 rubles	Three thousand two hundred rubles are charged, plus 2 per cent of the value of claims exceeding one hundred thousand rubles.
Two hundred thousand one rubles to one million rubles	Five thousand two hundred rubles are charged, plus 1 per cent of the value of claims exceeding two hundred thousand rubles.
Over 1 million rubles	Thirteen thousand two hundred rubles are charged, plus 0.5 per cent of the value of claims exceeding one million rubles; the maximum duty is sixty thousand rubles.

Judicial practice

The case was heard in the Lefortov Judicial District of Moscow at Judicial Station No. 406 in July 2010.

The husband asked the justice of the peace to terminate the marital relationship with the wife, since the marriage with the defendant had not taken place and it was not possible to maintain the family relationship.

A child was born to the parties to the proceedings who, at the time of the proceedings, had not reached the age of majority, with respect to whom the spouses had reached an agreement on the place of residence and maintenance.

The property acquired during the marriage period was divided prior to the proceedings.

The defendant accepted the claims and did not object to the separation.

Therefore, the judge did not find out the reasons and reasons for the divorce and refused to grant a time limit for the reconciliation of the spouses, stating that it was not possible to continue the marriage between the spouses, the court decided on the divorce.

Legal framework

Instrument of the Articles

Tax Code (Part 2)

Article 333.19 - Tax charges for judicial services - Article 333.26 - tax charges for civil registry services.

Family Code

Article 17 prohibits a man from severing his family ties with his spouse on two grounds: article 19 provides legal grounds for the dissolution of marital ties in the civil registry; article 21 provides legal grounds for the dissolution of a marriage in a judicial body; article 25 provides for the time after which the family relationship has ended; article 55 grants a minor the right to communicate with his parents; article 56 allows a minor to be protected by public authorities and parents; article 57 allows a child to choose the parent with whom he wishes to remain at the age of 10; article 60 establishes the right of a minor to material security, including alimony, and the inviolability of the material assets that he possesses; article 160 defines the procedure for terminating a marriage between a foreigner and a citizen of the Russian Federation.

The divorce papers through court, or what do you need for the divorce?

The documents for divorce through the court must be collected by each of the spouses wishing to go through the divorce procedure; in some situations, the spouses simply had no choice but to apply for divorce before the court.

Where do I apply for a divorce?

What documents are needed for divorce through court, i.e. if there is a child (i.e., divorce with a child), a model for divorce application

How do you apply for a unilateral divorce?

• Where is the application for judicial divorce?
• Court hearing in the divorce case
• How do you get a divorce online?

Where do I apply for a divorce?

If a divorce is ordered, the question often follows as to where to apply for a divorce, either through the civil registry or through the courts.

The first is simpler, but it is not possible in all situations, so the second option is used more often when a marriage is dissolved.

The relevant application and documents for divorce through the court must be submitted directly to the judicial authorities.

1. The other spouse does not wish to consent to divorce proceedings in the civil registry.
2. The other spouse actually agrees to the dissolution of the marriage, but in all possible ways avoids visiting the registry authorities to legalize the divorce procedure.
3. Married citizens have a minor child.

In order to comply with all the rules laid down by the legislator, the spouse applying to the court must have all the documents necessary for the divorce.

What documents are needed for divorce through court, i.e. if there is a child (i.e., divorce with a child), a model application for divorce before a justice of the peace

A small package of documents is required to process a divorce through the civil registry, but if a marriage is dissolved through a court of law, in other words, more papers will have to be collected; the list of documents for divorce through the court is similar to the list of documents for divorce of a child:

The statement, which is prepared by the plaintiff in a free form, in accordance with the requirements of the PCA of the Russian Federation, must include the following data:

• The full name of the judicial authority which is the addressee of the document;
• Information on the plaintiff (his name is F. I. O., place and date of birth, address of residence and registration, passport details);
• Information on the defendant (of F. I. O., place and date of birth, address of residence and registration, passport details);
• The place and time of the marriage to be dissolved by a court decision (and this information must be confirmed by specifying the particulars of the marriage document between the parties);
• Information on common children and the details of their birth documents;
• Information on attempts to resolve the issue of divorce in pre-trial proceedings and other disputes arising from this procedure;
• A complete list of the documentation that was attached by the citizen who applied to the judicial authorities for the dissolution of the marriage to the application (a model of a divorce application to the court can be downloaded from our website).

The passport of a citizen acting as plaintiff.

The bill for payment of State duty (see "How much is a divorce worth: the government's fee for divorce in 2017-2018 (court, civil registry)?").

A document confirming the marriage is in the original copy.

Birth certificates for all common minor children of the spouses; these documents may be submitted in both original and notarized copies.

A certificate on the composition of the family of the managing company in the claimant ' s place of residence, which confirms the child ' s residence with his/her spouse.

Documents specifying each party ' s salary (in the event that the award of maintenance is decided at the same time as the dissolution of the marriage).

A marriage contract concluded between the spouses.

The application for the consent of the other spouse to a divorce, which has been certified by the notary, shall be submitted to the judicial authorities if the defendant has no objection to the court terminating his marriage to the plaintiff.

• Their F. I. O.;
• Date of birth;
• Place of birth;
• Place of residence;
• Consent to divorce;
• Information on the place and time of marriage;
• The details of the marriage document;
• The number of the registration of the marriage entered into in the registration documents;
• Information on the second spouse;
• Information on the existence of property claims against the spouse;
• Date of document;
• Personal signature.

The documentation of the property belonging to the plaintiff (see "How is the property divided upon divorce? How are the credits shared upon divorce?") is accepted by the court when, together with the application for divorce, the plaintiff makes an additional statement containing any property claims against the defendant, including his obligation to pay alimony.

"What happens if the husband doesn't go to court? Response..............................................................

How do you apply for a unilateral divorce?

For various reasons, there are situations in which one of the spouses decides to dissolve the marriage unilaterally? Russian legislation, in particular the Family Code (art. 18), does not deprive citizens of the possibility of doing so in accordance with the established requirements.

• Out of court;
• In court proceedings.

In the first case, divorce is possible unilaterally only in cases strictly defined by law: when the second spouse is found to be missing, deprived of his legal capacity or sentenced to a real prison term of more than three years.

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If the spouse is unable to resolve the problem peacefully, it is settled by the courts; article 17 of the Code states that a divorce will not take place only if the pregnant woman does not consent to it or if the family has a child under the age of one year.

If there is a notarized statement by the absent spouse, divorce is possible unilaterally through the civil registry; it is also possible if the second spouse is sentenced to a real term of imprisonment exceeding 3 years, is found to be missing or is incapable of being able to do so.

Once the judicial authorities had accepted the application, the plaintiff would receive a letter of appointment, and the plaintiff should bear in mind that divorce was decided by the court within one month of the filing of the application.

Where is the application for judicial divorce?

According to the Code of Criminal Procedure, a citizen acting as a complainant is entitled to apply to the court of the appropriate authority, which is located in the place of residence of the spouses or one of them, and in many cases the residence of the minor child of the spouses is a decisive factor.

Thus, if he or she lives with the plaintiff, the citizen is entitled to file a complaint with the court in his or her place of residence, and the place of residence of the common child of the spouses under the age of 18 is certified by a certificate from the home book received by the applicant.

Court hearing in the divorce case

Divorce without mutual consent

A divorce court is appointed on the basis of an application filed in accordance with the procedure established by law, and the court may decide on the dissolution of the marriage if no further marriage between the citizens is possible.

At the same time, the public authorities have the right to adopt a number of conciliation measures aimed at re-establishing the marriage so that citizens can refuse divorce, in which case the proceedings may be postponed.

If all the measures taken to reconcile the spouses have not yielded the desired results, the court shall dissolve the marriage.

Divorce by common agreement

If each of them agrees to the dissolution of the marriage, the court shall decide on the divorce of the parties, and the decision shall be taken without knowing the reasons for the divorce; and citizens may submit to the court an agreement on the children; and if no such document has been drawn up, the court shall take measures to protect the interests of the children.

The agreement on children usually contains information on:

• Who the child will live with;
• What is the procedure and amount of maintenance paid for the child ' s maintenance;
• What are the conditions for the division of property?

Registration of divorce

Once the court has made a final decision on the divorce of the parties, it must be registered in the registry; the court must send an extract from the relevant decision to the public authorities responsible for registering the marriage of the citizens not later than 3 days after its entry into force.

Once the registration authorities have recorded the divorce, a divorce certificate is issued to citizens; until it is received, persons cannot enter into a new marriage.

Thus, in order to commence the divorce proceedings, the spouse must collect a package of documents, file an application and file all the documentation with the court for consideration, and the final decision of the judicial authorities that took the documents from the plaintiff is dependent on the accuracy, completeness and reliability of the information provided.

Pick up a sample of the settlement agreement

How do you get a divorce online?

Recently, you can apply for a divorce online, a service that is already in demand.

In this case, it is sufficient to visit the public service portal: you can apply directly to the civil registry, provided that there are no joint minor children and property claims by one of the spouses; in all other cases, the online application is filed with the courts.

As far as the public service is concerned, you can both pay it in a convenient way for you (electronic currency or bank card) and print out a receipt for its payment.

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

What documents are needed for divorce through court?

The crisis in family relations is a phenomenon that at least once every couple is going through. Someone can deal with the problem and keep the marriage, but sometimes divorce becomes the only way out. A couple who have no property and financial claims against each other, a minor child, or one of the spouses who is missing or serving a sentence in a colony, can file a divorce through the civil registry. However, in most cases, divorce without trial will not be possible. This procedure is lengthy, costly, but it can be partially facilitated by knowing which divorce documents will be required by the court and by applying for divorce with a full package of papers.

When can a marriage be dissolved only through a court of law?

If both spouses agree to the dissolution of the marriage, divorce in court is still mandatory if:

• There are minors in common;
• There is no agreement on the sharing of marital property;
• The parents did not determine the child ' s maintenance and residence.

The Family Code provides for the filing of documents for the possibility of divorce unilaterally; this is done through the courts when one of the spouses opposes divorce or avoids divorce;

Once the court has accepted the application, the plaintiff is given a document of the date of the hearing; the defendant also receives the notification by post.

• A statement of claim completed on the basis of the required model;
• The original and a copy of the marriage registration certificate;
• The form of the notice of payment for the compulsory government service for the divorce;
• Passport;
• A certificate on the registration of spouses and minors of common children;
• Birth certificates for all joint minor children (in the case of adoption of an adopted child the same procedure);
• Additional documents confirming the reason for the divorce (confirmations that the spouse is in custody or is missing, medical certificates on illness or alcohol, drug addiction of the spouse, evidence of beatings, threats, insults, etc.) The video materials are also treated as documents.

The application must be submitted to the Magistrate ' s Court, which is located in the plaintiff ' s place of residence.

If the divorce is a dual decision, but the spouse is pregnant or has a child under the age of one year, the woman's written consent to the divorce must be attached. If a woman refuses to terminate the marriage, even filing a unilateral application in court is meaningless.

How is the application for divorce in court correct?

An application to a court for divorce may be written by the plaintiff in arbitrary form, by hand or on a computer, but must contain information on:

• The full name of the judicial authority hearing the divorce claim;
• Basic information on the plaintiff: FIO, place and date of birth, propiska address and address of actual stay, passport data;
• Similar information on the respondent spouse;
• Information from the marriage certificate form - the document number as well as the date of registration;
• The substance of the requirements;
• If there are children, information about them (FIO, details of birth certificates or passports of all minor children);
• In the case of tangible claims, the calculation of the amount of the claim;
• Marriage contract (if any);
• A list of the documents submitted by the plaintiff to the application for divorce.

Each divorce process is individual and the court may request the additional documents required for the judgement.

A settlement in the event of divorce

If they do not do so, they will have to sign a settlement agreement in court.

We must be aware that this document is not a response to the demands of one of the spouses, but a compromise to which both the plaintiff and the defendant must come.

The peace agreement shall be made available to the court in copies of the number of persons directly involved in the case, bearing in mind that one copy of the document remains with the judge.

Agreement on the division of property of spouses

Conduct of the hearing of the court

The examination of the documents following their submission to the Magistrate ' s Court takes place within five days (exit and holiday documents are not taken into account). If a full list of documents is not provided, the Court may refuse to consider the claim or return the documents to the applicant.

If the divorce takes place without the mutual consent of the spouses, there are certain nuances.

The court appoints the divorce proceedings on the basis of an application from the plaintiff ' s spouse, but only if the judge decides that the marriage and family relations between the plaintiff and the defendant are not possible in the future, and measures aimed at reconciliation may be ordered, usually allowing time for reflection, usually not exceeding three months.

If the plaintiff fails to appear in court for an inconvenient reason, his claim will not be heard; if the defendant does not appear in court three times, the divorce is automatic.

The procedure is considerably simplified by the mutual consent of the couple to divorce, and the court does not investigate the reasons for the dissolution of the marriage; agreements on the division of property and on children may be submitted to the divorce parties; if there is no agreement on minor children, the court shall take measures to protect the rights of the child on its own:

• which of the parents remains with the children;
• The amount of child support paid.

Practice shows that most decisions on children are in the mother ' s favour, but there are exceptions; the court may take into account the opinion given by the guardianship and guardianship authorities and the opinion of the children themselves if they have reached the age of 10; the views of the child must be taken into account, except in certain cases which are contrary to the child ' s interests.

Both the plaintiff and the defendant may, if necessary, bring witnesses before the court, with the assistance of counsel.

Registration of divorce

Within three working days after the divorce is decided, the court sends a certificate to the registry office; upon the issuance of all the documents, the registry office issues the divorce certificates; in order to obtain this certificate, it is necessary to pay the Minister of State and to fill out and file with the registry a package of documents for the dissolution of the marriage; the date of the divorce is deemed to be the date on which the court issued the decision.

Application for online divorce

Unfortunately, you can't apply for a divorce online – you can only apply to the civil registry through the State Services website, but for those who can't personally go to court to file documents, there's another possibility – to send documents by mail, by registered mail.

Divorce papers through the courts

It should be noted that the dissolution of a marriage by the spouses can also be done through the civil registry; two conditions must be met simultaneously; the spouses do not have children in common and both have given their consent to the dissolution of the marriage; only in this case will divorce be filed with the civil registry authorities through joint application.

At the end of one month, from the date of the joint application, the marriage is dissolved and the former spouses are given a certificate of dissolution of the marriage.

Divorce is more difficult if the spouses have common minor children or the other spouse objects to the dissolution of the marriage or avoids voluntary visits to the civil registry.

In this case, a claim must be filed with the court.

The list of divorce documents that you will need to apply to the courts is as follows:

• If you do not have the original document, you must obtain a duplicate from the civil registry office.
• If you have minor children in common, the application is accompanied by an original or duplicate birth certificate or a copy of the notary ' s certificate.
• Paying the State for 600 roubles, the payment bill must be attached to the claim.
• If you and the spouse are registered at the same address, the claim is accompanied by an extract from the home book or a copy of the financial face account, thus confirming the place of registration of the defendant and determining the jurisdiction of the case.

We have mentioned above a list of documents only for divorce proceedings through the courts, but if you wish to collect alimony at the same time as the divorce, divide property or determine the child ' s place of residence, the required length of documents is significantly increased, all individually, the list of documents on a case-by-case basis depends on the nature of the process, the objections and the demands of the parties.

The procedure for the division of property between spouses was lengthy and difficult, and such cases were tried in district courts rather than in the justices of the peace.

It is necessary to collect legal documents for real property, confirm the monetary investment (if any) on the part of the spouses, if there is no equality of shares.

What kind of documents you need for a divorce through court are all news.

In the absence of the possibility of a loyal dissolution of an existing marriage in a married couple's registry, the only way left for them is to go to the judicial authorities.

This procedure takes place in frequent cases where minor children are present in a particular family, or the spouses have failed to reach an agreement on divorce themselves.

In a situation where there is no dispute between them over the division of property and children, a claim may be submitted to a justice of the peace, otherwise to a regional territorial court.

The Statement of Claim — What to Consider

The fundamental document for divorce by judges is a legally sound suit.

The quality of the process depends on the speed with which the divorce takes place, as well as the degree to which the interests of both sides of the process are taken into account.

Such a statement (the model can be downloaded in this section) must necessarily contain a number of information without which it will not be accepted:

• The name of the judicial authority or the OSI of the justice of the peace against whom the action is brought;
• The FIO of both spouses and their place of residence (the plaintiff and the defendant);
• Data on the date and authority of the marriage;
• Consent to divorce from the defendant (or lack thereof);
• The presence of children, including minors: their age, number, place of present and future residence;
• Arguments for the dissolution of a family with reasons;
• Requirements relating to the procedure for the recovery of maintenance and its amount;
• A date with a signature.

List of other necessary documents

In addition to the claim, it will be necessary to attach a large package of documentation, which is much larger than in the case of divorce in the civil service offices, which will include:

• State marriage registration certificate;
• A copy of the statement of claim;
• Notarized copies of children ' s birth documents (verifications);
• If the property is divided and maintenance paid, an inventory of the property acquired during the marriage and income information will be required (reports, declarations);
• A document confirming the payment of the public service for the service;
• Other possible documents at the request of the judge.

Some nuances of document management

If there is no confrontation between the spouses regarding the continued maintenance of the common children, and there are no financial claims, then the divorce will be the best option.

In some courts (e.g. the city of Moscow), it has become a practice that both the defendant and the plaintiff are further required to be discharged from the home book.

1. The final document that is received in court is a judicial decision that marriage cannot be maintained and dissolved.
2. Divorce (divorce) will be processed by the civil registry at the place of marriage, on the basis of an extract from the court ' s decision.
3. The civil registry will eventually record the divorce and each of the spouses will receive a copy of the divorce certificate.