Divorce at the plaintiff’s place of residence, claim for divorce

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

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call 8 (499) 288-21-40. It's fast and free!

If you are on the verge of divorce, you are faced with many different questions. At the first stage, you need to decide whether you will submit an application to the registry office or to the court. Everything is quite simple here. You need to go to the registry office if there are no children under 18 years of age and there are no disputes about divorce. Don't forget to fill out an application first.

When all the documents have been prepared, it is time to determine which registry office the application should be submitted to.

The best option would be to contact the registry office where you registered your marriage. All the documents about your couple are already there, so no problems will arise.

Now imagine that one or both spouses moved to another city. In this case, you need to contact the registry office at your place of residence.

In 2023, an application for divorce can be submitted to the registry office if there are no children and property disputes. In all other cases, you need to write an application to the magistrate’s court at the defendant’s place of residence.

Please attach to your application: a copy of your passport, a copy of your marriage certificate and a receipt for payment of the state fee. If the divorce takes place in the registry office, then each spouse must pay 650 rubles.

If a claim is filed in the magistrate's court, then the plaintiff pays a state fee of 600 rubles.

The period for consideration of your application at the registry office will be only 30 days. During this time, you can change your mind and pick up your documents. If after 30 days you are also determined, come to the registry office and receive a divorce certificate.

If you live in Moscow, use the Moscow registry office website to find out the address of the desired registry office.

Divorcing a marriage in court

Let's look at a more difficult case, when the divorce process goes through the court. There are several cases:

1. If you have children under 18 years of age.
2. The same applies to couples in whom there are disputes about the division of property.
3. If one of the spouses does not want to get a divorce at all.

The court's main task will be to determine the rights of your children. It will be necessary to approve who the child will stay with. You will also have to decide on the visitation time for the second spouse. In court it will be possible to resolve the issue of division of property.

The court must be indicated depending on the place of registration of the defendant (second spouse). Although there is an exception here too. If you have a child or suffer from a serious illness, documents can be submitted at your place of residence.

If there are no children, you can go to the magistrate's court. You can even go to the magistrate's court with children, if there are no disagreements on issues of alimony and the place of residence of the children. In other cases, you need to go to the district court.

Then you will have to wait 3-4 weeks before the first meeting is scheduled. You and your second spouse will be notified about it by telephone and by mail.

The court will listen to evidence and arguments from both sides, and you may also be given additional time for reconciliation so that the family does not fall apart.

In our practice, divorce through court lasts about 2 months. After this, another 30 days must pass before the decision comes into force. If the other party does not challenge the decision, you can come to the registry office for a divorce certificate.

To determine the address of a district or magistrate court, use the official service to determine jurisdiction.

Questions and answers

Tatyana
My husband and I have not lived together for 3 years. I live in St. Petersburg, and he lives in Moscow. I decided to apply, but my husband says that he has no time and is not going to come. Tell me where to apply.

Answer
If you have children under 18 years of age, you can go to court at your place of residence. If there are no children and the spouse is against the divorce, you will have to go to the magistrate’s court at his place of residence, to one of the Moscow courts.

If he is not against the divorce, but simply does not want to go, submit an application to the registry office at your place of residence.

The spouse can write out a power of attorney for some relative or lawyer in St. Petersburg so that he comes to the registry office on his behalf.

Marina
We want to get a divorce, we have a 7-year-old daughter. We both live in Tyumen and are registered in Saratov. I have absolutely no desire to go to Saratov, what can you advise?

Answer
Since you have a minor child, you need to submit documents through the court. You can contact the district or magistrate court of Tyumen. The exact court address will depend on your residential address.

Svetlana
My husband and I haven’t actually lived together for 5 years. We have a daughter from our marriage, she is 3 years old. I wanted to file for divorce in court, but I don’t know where. I don’t know my husband’s residential address either. Can you please tell me what to do?

Answer
Contact the district court where you live. You can provide your spouse's last known address.

Which court should you file for divorce in: at your place of residence or registration?

• Family law > Divorce > In which registry office can you get a divorce?
• In the process of family life, it often happens when a husband and wife understand that breaking up the relationship is the most correct decision.
• In this case, the question arises of what actions need to be taken to get a divorce, what documents to prepare and in which registry office to submit an application for divorce.
• Divorce is not an easy process, which can be complicated by the division of joint property and the presence of common children.
• Such nuances will determine which authorities should be contacted in order to get a divorce.
• After drawing up an application for termination of the relationship, you need to figure out where it is best to submit it, what features and innovations have been made for 2018.

Where to apply

Before starting the divorce procedure by mutual consent of the parties, you need to decide to which authority the application will be submitted.

You can file a divorce in court or at the registry office. Everything is quite simple here.

If both spouses agree to divorce, they do not have common children under 18 years of age and there are no disputes regarding jointly acquired property, the value of which exceeds 50,000 rubles, then you should contact the registry office.

Divorce through the registry office is a relatively simple procedure; it only requires a certain amount of time from both spouses.

Only in the case where the minor child is not a common one, but a son or daughter from a previous marriage, the registry office will accept an application for divorce, provided that the state fee is paid.

Is it possible to dissolve a marriage in any registry office?

The question of which registry office you can apply for divorce in is quite popular. You should also know what documents you need to collect for the procedure and how long to wait for the official dissolution of the marriage.

The best option would be to submit an application to the registry office where the marriage was registered . Since all the documents about this married couple are already there and no problems will arise.

Russian couples can also get divorced in the registry office, the branch of which is located at the place of residence, that is, where the spouses are registered.

If the husband and wife have prepared all the documents for divorce and they, while married, lived in a particular area, then their application must be accepted by the registry office located in this territory.

When preparing documents, you should keep in mind that a certificate of residence is not required, since spouses submit originals and copies of their passports to the registry office.

The authorities check the page of the passport where the registration is indicated. If it turns out that both spouses live in the area, then there will be nothing to prevent a divorce.

You can get a divorce at any registry office, not necessarily where the marriage was registered. But there is one important nuance: the registry office must be located at the place of residence of one or another spouse.

Procedure for filing an application for divorce

The process of ending a marriage begins with filing an application . Divorce requires an application from both parties, but in certain cases it is possible to dissolve a marriage on the application of only one party.

A married couple goes to the registry office, the husband and wife write a statement, if they both wish this, they do not have common children who are not yet 18 years old. It should be borne in mind that it will not be possible to get a divorce in one day.

The registry office management should issue a divorce certificate in a month . This is much less than if the spouses divorced through the court.

A month’s period gives people the opportunity to weigh everything again and think about their decision. Perhaps, over a certain period of time, the spouses will be able to change it.

If after a month the mutual decision to sever relations remains in force, then government authorities will not interfere with them.

You can also apply for divorce unilaterally without asking the opinion of the second spouse.

Such cases are provided for in the Family Code of the Russian Federation. The main ones:

1. If one of the spouses is convicted and imprisoned for a crime for 3 years or more. At the same time, a copy of the court verdict that has entered into legal force is attached to the application to the registry office, which is located at the place of residence.
2. If the second spouse is considered incompetent by a court decision. A copy of the court decision declaring the citizen incompetent is attached to the application.
3. If the second spouse is declared missing. A copy of the court decision declaring the spouse missing is attached to the application.
4. When one of the spouses, with mutual consent to divorce, is not able to appear at the registry office, he must issue a notarized consent to the divorce.
5. If the husband or wife is in prison, his statement can be certified by the head of the institution.
6. Recently, an application for divorce can be submitted through a multifunctional center or using the State Services portal.

• If there is at least one of the cases listed above, the husband or wife can submit an application to the registry office to terminate the marital relationship, even if there are common minor children.

Step-by-step instructions for filing an application for divorce

In order to get a divorce correctly and the expenditure of personal time is minimal, you should follow these instructions:

1. Collect all necessary papers.
2. Submit an application to the registry office along with documents.

A month after filing the application, state registration of divorce will take place.

Documents needed for divorce

An application to the registry office must be submitted only in writing. It must indicate the following:

1. Passport data.
2. Data from the marriage certificate.
3. Surnames that spouses keep for themselves after divorce proceedings.
4. Dates and signatures of the spouses.

An application for divorce through the court is submitted at the place of registration of the defendant . In addition, in the case when he is not a citizen of the Russian Federation and his place of residence is not in Russia or is generally unknown, then the plaintiff submits an application to the court that he is located at the place of last registration of the defendant or at the place where his property is located.

How to determine at which address of the registry office you need to submit an application

Civil registry offices carry out state registration of civil status acts. The registry office, which has a separate room for the ceremonial registration of marriage, may be called the Wedding Palace.

In Russia, civil registration authorities are established by the governments of the constituent entities of the Russian Federation in the form of independent executive authorities or in the form of departments, directorates of other executive authorities or local governments.

There is no body to which civil registry offices would be subordinated at the federal level, but their activities are regulated by federal laws, legal acts of the Government of the Russian Federation, the Federal Migration Service and other executive authorities.

Addresses of civil registry offices, contact information and work schedule can be found on the Internet. For example, the registry offices of the city of Moscow and all information about them are on the website - https://www.mos.ru/zags/.

How to get a divorce through the registry office not in your city

1. The procedure for dissolution of marriage by mutual consent through the registry office is the simplest and involves filing an application at the registry office at the place of residence of either spouse or at the place of registration of the marriage.
2. But it is not always possible to foresee everything in advance; sometimes it becomes necessary to file a divorce in a city other than your own.

In this case, the spouses will have to fill out the appropriate application forms and submit them to the registry office at their place of residence. The law allows you to file a divorce at the place of residence of one of the couple.

Divorce in the absence of one of the couple is possible by drawing up a notarized power of attorney on his behalf.

Thus, an application for divorce can be submitted to the registry office at the place of residence of both spouses or to the registry office branch where the marriage was registered.

It happens that the location of the husband or wife is unknown to the applicant for divorce . In this case, the law allows a divorce at the place of residence of one of the spouses.

For a divorce in another city with mutual consent, divorce documents must be submitted at the place of registration of one of the spouses.

Registration of divorce through the registry office with the consent of both husband and wife is the easiest way.

The only nuance is the waiting period, which is established by Russian law and is 1 month.

Source: http://semeinoe-pravo.net/v-kakoj-zags-podavat-zayavlenie-o-razvode/

The claim for divorce is filed at the place of residence of the plaintiff or defendant

Divorce is rarely peaceful, being burdened by various disputes and disagreements. The easiest and most peaceful way of divorce occurs through the registry office, when both spouses agree to end the relationship and they do not have common children who have not reached the age of majority.

Most marriages are dissolved in court, both due to the disagreement of one of the spouses to the divorce, and due to the mandatory conditions for a judicial divorce.

The pressing question that concerns the spouse initiating divorce proceedings is where to file the claim? Does it need to be filed at the place of residence of the defendant, or is it possible to file it at the place of residence of the plaintiff?

When does divorce go through court?

Divorce in court is mandatory in the following situations:

• when spouses are parents of common children under 18 years of age;
• if one of the spouses refuses to divorce;
• if one of the spouses does not come to the registry office for state registration of the divorce;

The statement of claim is filed by the husband or wife - the initiator of the termination of the family union, who insists on divorce. If spouses have a dispute about the place of residence of children, then the claim must be filed in the district court at the place of registration of the defendant or at the place of residence of the plaintiff in cases specified by law.

Disputes about alimony do not entail a change in jurisdiction and are considered by the magistrate court.

However, there are exceptions to this rule, due to which the divorce case will be heard by district court judges:

• The listed grounds for jurisdiction of district courts are unconditional and when filing a claim with them in the magistrate’s court, the application and documents will be sent back to the plaintiff.
• In addition to the demand for divorce, a number of other issues that arise during the termination of the relationship can be resolved simultaneously with such a claim.
• In the magistrate's court:
• In the district court:

Divorce: file at the place of residence of the defendant or plaintiff

Filing a statement of claim at the defendant’s place of residence is a general rule established by the Code of Civil Procedure of the Russian Federation.

An ordinary claim for divorce is filed with the magistrates' court at the place of residence of the defendant, unless there are special circumstances specified in Art. 29 Code of Civil Procedure of the Russian Federation.

In particular, the plaintiff in a divorce claim will have the right to file a claim at his place of residence in cases where:

1. Minor children live with him;
2. The plaintiff's health does not allow him to go to court at the defendant's place of residence.

These facts can be separately substantiated in the claim, since if they are not specified, the magistrate will return the application with all the documents back for lack of jurisdiction.

IMPORTANT: If during the hearing it becomes known that the grounds for choosing jurisdiction have not been confirmed, the judge will be obliged to transfer the case to jurisdiction. For example, when, at the request of the court to the hospital, it is established that the plaintiff did not undergo treatment, was not registered and does not have obvious and recorded health problems.

A similar rule applies to minor children - if the plaintiff declared that a minor child lives with him, but this fact was not confirmed in court, the judge will be forced to send the case to the court at the place of registration of the defendant, since the right to choose jurisdiction for the plaintiff will not apply.

Right to choose jurisdiction

Article 29 of the Code of Civil Procedure of the Russian Federation establishes the right to choose jurisdiction, and does not establish a strict framework.

That is, following the norms of paragraph 4 of this article, the applicant with a claim for divorce is free to choose where and how to file a claim for termination of the relationship. The presence of children does not automatically entail the obligation to file a claim at your place of residence, no. The plaintiff himself decides where and how it is convenient for him to file a claim.

But the absence of children and health problems obliges him to file a claim only at the place of registration of the opponent-spouse.

What is considered a place of residence?

Question: My husband lives in Volgograd under temporary registration, but is registered in the city of Volzhsky. I live in the Tambov region with a minor child (no registration), but I am permanently registered at the same address as my husband. in the city of Volzhsky. Can I file a claim for divorce at my place of residence or will I have to file a claim in Volgograd?

Answer: The claim will be filed in the city of Volzhsky, since both the plaintiff and the defendant are registered there. There are no other options, since judicial practice and explanations of higher courts clearly state that the place of residence of a citizen is considered to be the place of residence confirmed by permanent registration.

The following cannot be considered a place of residence when determining jurisdiction:

• Place of temporary stay;
• Place of temporary registration;
• Place of actual residence without registration.

This rule is relevant both for different regions of residence and for determining jurisdiction within the region.

Note: The fact of residence without registration has no meaning for the court, except as an address for correspondence.

If there are doubts, the court has the right to send requests to the Department of Internal Affairs of the Internal Affairs Directorate or the information bureau to provide information about the last place of registration.

If it is established that the plaintiff or defendant (depending on whose place of residence the claim is filed) is registered at an address other than that within the jurisdiction of the court, the case is transferred to the competent court.

The lawyer will tell you

If you have questions about the divorce procedure, our specialists are ready to advise you absolutely free of charge at any time. Experienced lawyers will help determine the grounds for filing a claim for divorce at the place of residence of the plaintiff or defendant and give recommendations for a quick divorce from a husband or wife.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site

In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Which court should I file for divorce in? order of procedure

Our article is addressed, first of all, to those who had to face the problem of divorce, and not just a divorce formalized in the registry office, but a divorce procedure that involves applying to the judiciary.

That is, a divorce process that requires the preparation of a full package of documents for filing with the court, in fact, the divorce process itself, as well as the execution of a court decision.

In a nutshell, married couples need to go to court in several cases (we will discuss each of them in detail below):

Unfortunately, in all of the above cases, the divorce procedure will be a divorce process, which will need to be carried out in court, and then we will explain to you which court to file for divorce in each of them.

When getting a divorce through the court, it is better to turn to an experienced specialist! Introductory consultation by phone: + 7 (495) 722-99-33

Having children together who are under 18 years of age

In the first case, everything is relatively clear. The current legislation of the Russian Federation establishes clear norms and rules for divorce of married couples with children whose age has not reached 18 years. No matter how well the ex-spouses treat each other, in this case it will no longer be possible to get a divorce through the registry office.

Moreover, there is a legal norm according to which, if the issue of the future place of residence of a joint child is being decided, then an application for divorce will no longer have to be submitted to the magistrate’s court, but to the district court.

In general, you will have to go to court at the place of residence of the defendant, that is, your spouse.

It is also worth separately noting that the husband does not have the right to file an application for divorce (more precisely, he can file an application, but it will be denied) if his wife is pregnant, as well as if their common child is not yet one year old . In this case, only the spouse can begin the divorce process.

Presence of property disputes or disagreements regarding the payment of alimony

In the second case, not only will the divorce process be considered in court, but it may drag on in such authorities for six months or more.

What is this connected with? First of all, with the spouses themselves - if the former married couple does not have any claims or disagreements with each other regarding the division of property, everything is resolved on a general basis, but in the event of a dispute about the division, as they say, “acquired jointly through backbreaking labor,” possible nuances.

Mainly related to how to divide real estate, vehicles, etc. acquired while living together in a registered marriage.

Do not forget that, according to current legislation, not only the various assets themselves, but also all associated obligations will be divided between the former spouses.

Imagine, for example, how difficult it will be to divide an apartment taken on a mortgage between former spouses, especially if, in the event of a divorce, the income of one of them, the one who plans to stay in this apartment, will not be enough to make monthly loan payments.

If you are not sure about your ex-spouse (or, on the contrary, you know him too well), then it is recommended to seize the property. You fully have the right to this and can be sure that the property will not be sold before the trial, and the proceeds for them will not “dissolve” somewhere with the ex-spouse.

Divorce in court under the “Divorce without Stress” program is a guaranteed saving of nerves and time! For more details call: + 7 (495) 722-99-33

Reluctance to divorce on the part of one of the spouses

Reluctance to divorce on the part of one of the spouses is also a fairly common occurrence in the practice of divorce proceedings, and the question of which court to file for divorce is resolved here unambiguously. The registry office will not help here; you will have to go to the magistrate’s court.

As a rule, this is done at the defendant’s place of residence. However, if your spouse has moved, is hiding, or their location is unknown, then it is possible to file divorce papers with the court at the plaintiff’s location.

Which court should you file for divorce in if your ex-spouse does not appear in court and is unlikely to come, even if you persistently invite them there? All the same - to the magistrate's court, only at your place of residence (of course, if there are no minor children or a dispute about children, then the court will simply order you to go to the district court in order to respect the rights of the child). Let's say you did everything correctly, the court date was set, but the defendant (your ex-other half) did not appear. Let us pay attention to a very important nuance. The court will consider that the defendant ignored your request only if:

• he or she did not have a valid reason at the time;
• he or she has been given proper notice of the court date.

Reluctance or inability to appear at the civil registry office of one of the spouses

Although, in general, there may be several valid reasons, generally the judicial authorities recognize such reasons as either an illness associated with loss of the ability to move, including in the case of hospital stay (in this case, a doctor’s certificate must be provided), or infectious.

The option of a long business trip is also taken into account. In the latter case, the defendant will need to provide a certificate of employment. In addition to these circumstances, the court may also take into account others, for example, vacation in remote, hard-to-reach areas where there is no mobile communication, etc.

However, it will be more difficult to prove this.

The proper notice is usually certified mail, return receipt requested, sent to and received by the defendant PRIOR to the trial date.

Other options are also possible, for example, you will inform your spouse about the future trial in front of witnesses.

However, in this case, you will have to provide the court with evidence that the defendant was notified.

The minimum period for consideration of a case in court is one month, the maximum is three months.

But let's continue. So, your ex-husband didn't show up. The court can either postpone the hearing of the case or consider it without the defendant. However, it is not possible to reschedule a case more than twice, so we can get a maximum period for consideration of your case - three months.

In addition to the question of which court to file for divorce in, the issue of correctly drawing up the statement of claim and other documents necessary for filing with the court will also be relevant. As a rule, the court office has samples of filling out and a list of all necessary documents.

Since this is an important issue, we recommend consulting with our specialists, who will consider your situation in detail, tell you exactly which court to file for divorce in and help you fill out all the necessary documents.

In addition, later you will always have the opportunity to use their qualified support at the court hearing itself or later, when the court decision comes into force, if any obstacles arise.

Divorce not at the place of registration - in 2023, application and list of other documents that are submitted to the court or the registry office, divorce at the place of residence

Divorce proceedings are not something unique in our time and it is difficult to surprise anyone with something like this.

Statistics show that about half of married couples decide to divorce, and most of them are married for the first time.

Every couple goes through a difficult period in their life together, but some manage to cope with it, maintaining their marriage, while others prefer to destroy everything in order to build something completely new.

The divorce process involves many difficult issues. Not everyone manages to resolve the issue peacefully and agree on who will get what property after separation, with whom minor children will live and other nuances. Dissolution of a marriage is a complex procedure from both a moral and legal point of view.

Most spouses do not know where to go to file for divorce or what documents should be submitted for this. It happens that you need to file a divorce not at your place of registration.

As a result, the couple, who are already in a stressful situation, is forced to understand the intricacies of the process so that it ends as quickly as possible.

The most questions arise when the parties live in different cities.

How to divorce

A marriage can be dissolved in two ways: through the civil registry office administratively or through the court.

Article 19 of the Russian Family Code defines cases when marriages are dissolved through the registry office:

• spouses do not have common children under 18 years of age;
• the parties have reached mutual agreement;
• if there are certain special cases: one of the spouses is sentenced to a period that exceeds 3 years, is deprived of legal capacity or is listed as missing.

Article 19. Divorce in the civil registry office

You will have to get a divorce through the court if:

• if the children are minors;
• one of the spouses does not come to the registry office to sign the application for divorce;
• the spouse refuses to dissolve the marriage.

During a divorce, if a corresponding request is received from the parties, the judicial authority has the right to resolve the following issues:

• with whom the children will live;
• in what amount should maintenance be paid to them by the spouse who will live separately after the divorce;
• the amount of maintenance that a non-working ex-spouse should receive;
• division of property acquired during marriage.

This procedure is established by Articles 21-24 of the RF IC. It does not change even if a divorce occurs outside the place of registration.

• Article 21. Divorce in court
• Article 22. Divorce of marriage in court in the absence of consent of one of the spouses to divorce
• Article 23. Divorce of marriage in court with mutual consent of the spouses to dissolve the marriage
• Article 24. Issues resolved by the court when making a decision on divorce

Which registry office or court should I apply to?

To simplify the divorce procedure, documents must be submitted at the place of registration of one of the spouses or at a place geographically located near the place where the marriage was registered. You can get a divorce at any branch of the registry office, however, it is better to submit a package of documents to the place where the marriage was directly concluded.

There are situations when one of the parties lives and is registered in another city, which prevents her from submitting documents on her own. In this case, it is allowed to transfer the papers through a proxy or send them by mail. But it is important to know that the documents of a spouse who cannot personally apply for divorce must be notarized.

If the spouses do not have children, the question of which court to appeal to will be untimely. In such a situation, it is possible to do without a trial if the husband and wife have reached mutual agreement regarding divorce and division of property. If you can’t reach an agreement, it’s time to think about where to go to get a divorce. There are several options for this.

If there is a minor child in the family, it is better to go to court at his place of residence. However, there is no legal requirement in this regard.

The only thing you need to remember is to submit an application to the magistrate’s court, which must make a decision. In this case, it does not matter what issues will be resolved: children living with one of their parents, division of property, alimony, or any others.

The parent has the right not to take part in the meetings, but such behavior is extremely undesirable, since during the proceedings various points are clarified and clarified. That is why it is better to show interest in the case and participate in the trial; this is the only way to protect your rights and the rights of your own children.

When the interests of minors are affected, it is almost impossible to avoid trial.

But there are exceptions to this rule when you don’t have to go to court:

• if the dissenting party is declared legally incompetent;
• when one of the parents is imprisoned for a period exceeding 3 years;
• if we are not talking about joint children, but about children, for example, from a first marriage.

In each of the listed cases, it is possible to obtain a divorce without the presence of the second spouse.

Divorce procedure not at the place of registration

The city in which the spouses are registered may differ from where they actually live.

If there is a mutual desire to break the marriage and provided that there are no minor children, a divorce can be carried out taking into account the place of residence of the husband and wife.

What features need to be taken into account if the residence of the spouses differs from their registered address, and they plan to dissolve the marriage precisely at their place of residence.

Thus, you can only get a divorce if:

• children under 18 years of age live with the plaintiff;
• the plaintiff does not have the opportunity to visit the defendant’s registry office because his health condition does not allow him to do so;
• the spouse’s place of residence is unknown and it is not possible to find out.

In this case, in addition to submitting an application, you must pay a state fee and submit a marriage certificate. When the defendant is unable to visit the registry office in person, he must provide a notarized statement on his own behalf.

Another option to file for divorce at a location other than your place of registration is as follows:

• obtain forms in the required form at the local registry office;
• the forms must be filled out by both parties to the divorce process, that is, both the husband and wife;
• documents must be notarized;
• send certified papers by mail to the place of residence of one of the spouses or to the place where the marriage was registered.

In this case, it is mandatory for one party to visit the registry office to which the documents were submitted. The union cannot be dissolved in the absence of both parties.

At the applicant's place of residence

Often married couples stop living together even before the trial begins, because they cannot live together in the same apartment. As a result, it may be necessary to file an application for divorce at the applicant’s place of residence.

Is it possible to do compulsory motor insurance without registration - the answer is in the article.

In this case, you need to take into account the following features:

• the application may be filed at the place of residence of the plaintiff if his health condition does not allow him to participate in the process at the place where the defendant lives;
• You can also submit an application at your place of residence if the plaintiff’s child lives with him;
• otherwise, documents should be submitted to the registered address of the second spouse.

Defendant

In ordinary cases, when there are no special circumstances, an application for divorce is filed at the place of residence of the defendant.

Not only will he be a party to the litigation, but he will also be considered to be the party who is violating the rights of the applicant. If there is no dispute about children, the application can be submitted to the magistrate.

Otherwise, we are talking about going to the district court.

In the event that the document contains not one, but several demands at once, the plaintiff has the right to independently make a decision as to where it is best for him to apply. When the plaintiff does not know at which address the defendant currently resides, the claim may be filed at the spouse's last place of residence.

Before submitting an application, you need to collect a whole list of documents, as well as pay a state fee. When the trial begins, the parties will receive subpoenas. Both spouses themselves and their legal representatives, who have documents certifying their right to do so, can participate in the hearing.

Required documents

Depending on the situation, not only the authority to which you can contact to obtain a divorce changes, but also the package of documents that must be provided for this.

In order for a marriage to be dissolved at the registry office, you need to submit:

• documents of both spouses that prove their identities, and more specifically, this is the passport of the husband and wife;
• application requesting a divorce;
• marriage certificate;
• receipt for payment of state duty.

Such a list of papers is relevant only if a married couple does not have children under 18 years of age, moreover, people divorce by mutual consent.

Otherwise, that is, when one party is categorically against divorce or there are common minor children, the package of documents includes:

• application for divorce;
• passports of both spouses;
• children's birth certificates;
• marriage certificate;
• receipt for payment of state duty.

When applying to the magistrate's court, it will also not be possible to do without collecting documents. It is also important to have evidence of the defendant’s guilt, including witnesses who will be willing to testify in court. The main thing is that these are people who have no personal interest in the divorce.

When the plaintiff has decided which court he will go to in order to get a divorce, he must collect the following package of papers:

• marriage certificate;
• passport;
• children's birth certificates;
• documents that confirm income level;
• certificates of the availability of property in the possession of the plaintiff and defendant;
• application requesting divorce;
• receipt for payment of state duty.

You need to stock up on original documents and their copies, which should be provided to the court. After this, all that remains is to wait for what day the meeting will be scheduled. During the process, the parties will be asked to enter into a settlement agreement on the payment of child support, as well as resolve issues about their further residence and division of jointly acquired property.

How to get a certificate

If the divorce case, which was decided in court, is closed and there is a corresponding ruling from the judicial authority, which confirms that the issue has been resolved in favor of the plaintiff, all that remains is to go with the received paper to the registry office to obtain a divorce certificate.

In this situation, if there is a court decision, in addition to this document, you need to take the same papers as in the case when one of the spouses does not agree to dissolve the union.

After receiving a corresponding request from a person, he is required to produce and issue a divorce certificate within a month. The main thing is to collect all the necessary documents in advance, this way you can avoid various problems, including long waits.

Statement of claim for divorce

We offer a statement of claim for dissolution of marriage (application for divorce) 2023. Complete information on the preparation, drafting, filing and consideration of claims in court. All sample forms are developed by professional lawyers.

Contents of the statement of claim for divorce

The statement of claim for divorce is drawn up in writing, by hand or printed. Such a document may contain only mandatory details, but can also be supplemented by a statement of the circumstances of family life in free form. Let's look at the required information that is indicated in all applications for divorce:

• name of the court (magistrate). For a magistrate judge, the number of the magistrate's court precinct is usually indicated. For example, the magistrate judge of court district No. 1 of the Matushkino district of Moscow. Or to the magistrate of judicial district No. 242 of the Serpukhov judicial district of the Moscow region.
• details of the plaintiff and defendant: full name, residential address. It is advisable to indicate telephone numbers and e-mail.
• document name: Statement of claim for divorce
• the text indicates the following information: when the marriage was concluded, until what time the family relationship continued, whether there is a dispute about the division of property and children, the reasons for the divorce. Next is a request for divorce. The attachments to the claim are indicated.
• the application must be signed. The date can be set when you filed the claim or when you will file.

Features of drawing up an application for divorce with children

The question often arises about the specifics of drawing up an application for divorce in the presence of common children. In this case, follow the general rules. Additionally, indicate in the text whether you have children in common with the defendant. You only need to indicate joint children whose both parents are listed on the birth certificate. Only minor children under 18 years of age are indicated.

You need to write down the child’s full last name, first name and patronymic, and his date of birth. If there are several children together, then we indicate the details of each of them (again, only minors). Copies of birth certificates will need to be attached to your application.

In general, a petition for divorce must be filed with the magistrate at the defendant’s place of residence.

When filing a claim, a state fee of 600 rubles is paid. The statement of claim is accompanied by an original marriage certificate, a document confirming payment of the state fee, copies of birth certificates for minor children and a copy of the statement of claim for divorce for the defendant.

For general rules for filing documents in court, see the article – Filing a statement of claim.

Acceptance of an application for divorce

After receiving the statement of claim, the magistrate decides on its acceptance within 5 days. If the plaintiff correctly understood and followed all the recommendations, the application is accepted and a court hearing is scheduled for the case. Otherwise, the application will be left without progress or returned to the applicant.

What to do if the statement of claim is left without progress, read > Statement of Claim without progress.

If the statement of claim is returned, use the recommendations > Returning the statement of claim.

Consideration of an application for divorce in court

The consideration of the case on the application for divorce is appointed by the magistrate no earlier than a month from the date of its filing . It is impossible to go faster - this time is strictly established by law. If you file a claim for divorce today, the case will be scheduled only in one month.

The period for consideration of a claim for divorce in 2023 will be at least a month from the date of filing

The plaintiff will receive a summons (notice) by mail, by telephone (e-mail) or in person about the time and place of consideration of the case.

To receive notification via SMS or email, please register

Request for notice

At the court hearing, the court finds out the reasons for the divorce, whether the plaintiff supports his demands, whether the defendant agrees to the divorce, and whether reconciliation of the parties is possible. If the plaintiff supports his demands, and the defendant is not against the divorce, then the court will make a decision on that day to satisfy the claim.

 If the husband or wife express disagreement or doubt about the possibility of dissolving the marriage, the court will most likely give time for reconciliation. The reconciliation period is up to 3 months.

Therefore, if you want the case not to drag on, you need to clearly and without a shadow of a doubt support the claims and ask the court to dissolve the marriage, indicating that saving the family is not possible.

Sample statement of claim for divorce in 2023

The presented sample application for divorce has been compiled taking into account the latest changes in family law for 2023.

When filling out the sample, please note that abbreviations are not allowed; write all words in full. It is better to indicate the address with a postcode. It would not be bad if you indicate the telephone numbers of the plaintiff and the defendant.

To the magistrate of court district No. _____ in the city______________ Plaintiff: ________________________ (full name, address) Defendant: ______________________ (full name, address)

Statement of claim for divorce

“___”_________ ____ I entered into marriage with _________ (full name of the defendant). They lived together until “___”_________ ____. The marital relationship between the plaintiff and the defendant has been terminated since that time. General management has not been carried out since this date.

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

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

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

Ask:

1. The marriage between _________ (full full name of the plaintiff) and _________ (full full name of the defendant), registered “___”_________ ____ in _________ (name of the civil registry office), act record No.___, dissolved.

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

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Marriage certificate (original)
4. Copy of the child(ren)'s birth certificate

Date of application “___”_________ 2023 Signature of the plaintiff _______

Is it worth combining a claim for divorce with other claims?

In a civil case, it is possible to combine homogeneous claims against one defendant in one statement of claim (Article 151 of the Code of Civil Procedure of the Russian Federation). In relation to divorce, this means that in one statement of claim you can ask the court to dissolve the marriage and collect alimony, divide the property of the spouses, or determine the place of residence of the child.

However, we do not recommend combining divorce claims with others, as this will delay the consideration of any of the issues. For example, it is easier to file a separate statement of claim for divorce and an application for a court order for alimony. While the divorce case is still being prepared, alimony will already be collected.

Questions when filing a claim for divorce

What to do if there are no marriage documents?

If you do not have a marriage certificate, you must contact the registry office that registered your marriage to issue a duplicate certificate. It is better to apply in person, but you can also send an application by mail. You can view a sample application for a duplicate certificate here > Applications to the Civil Registry Office.

My husband and I separated a long time ago, we haven’t lived together for many years, I don’t know where he is. How to get a divorce in this case?

If the place of residence of the second spouse is unknown, divorce is carried out through the court.

First, try to search for your spouse, visit his last place of residence, talk with neighbors, mutual acquaintances, and his relatives to find some information.

If the search does not bring results, file a claim for divorce at the last known place of registration of the defendant at the place of residence. Please note that the court will request information about the defendant’s registration from the passport office.

The husband is against divorce, is it possible to divorce in this case without his consent?

In the absence of the consent of the second spouse, divorce is carried out through the court. Submit a statement of claim to the magistrate, at the court hearing the court will listen to the positions of the plaintiff and defendant, if the husband insists on preserving the family, you will be given a period of up to 3 months for reconciliation. After this, if reconciliation does not take place, the court will dissolve the marriage.

I don’t want to go to court, I don’t want to see my wife anymore, how can I get a divorce without my presence?

Presence at a court hearing is a right, not a duty, of a citizen. When filing a statement of claim, you can file an application to consider the case in the absence of the plaintiff. After this, all that remains is to receive the summons in a timely manner and wait for the result.

Is it possible to make additional demands when filing a claim for divorce?

When filing a claim for divorce in court, the plaintiff may make other claims related to family relations.

It should be taken into account that the combination of several claims may lead to a change in the jurisdiction of the dispute and will increase the time frame for resolving the case.

Based on our experience, it is better to file a claim for divorce separately. This will reduce the time it takes to resolve a case and will allow you to concentrate on a specific problem in each case without missing important circumstances.

How to correctly draw up a statement of claim for divorce if the husband is in prison, which court should he go to?

If one of the spouses is sentenced to a term of imprisonment of more than 3 years, the second spouse can file a divorce through the registry office at his place of residence. The application will also need to be accompanied by a certified copy of the court verdict.

If the term of imprisonment does not exceed 3 years, the statement of claim is filed in the general manner, the place of residence of the convicted person is his last place of registration before imprisonment.

In this case, the statement of claim must additionally indicate that the defendant is serving his sentence, when he was convicted and where he is being held.

How are documents certified if a claim for divorce is filed in another city and the plaintiff’s personal participation in the court hearing is impossible?

In general, photocopies of all documents can be attached to the statement of claim. The court will certify their authenticity at a court hearing when the plaintiff brings the originals.

If the plaintiff does not participate in the consideration of the case, the attached copies of documents must be notarized. When filing for divorce, certify your marriage certificate and children's birth certificates.

Obtain a duplicate marriage certificate from the registry office. Fill out the application according to the provided sample. As the defendant's address, indicate the last known address of the spouse's place of residence; you will go to court at this address.

Do I need to have copies of the statement of claim and the child’s birth certificate certified by a notary when sending divorce documents to the city where the defendant lives?

A statement of claim is a document that is written and signed by the plaintiff, so a copy of the statement of claim for the defendant is certified by the signature of the plaintiff, this will be sufficient. If the plaintiff does not plan to appear in court, it is better to have the remaining documents (copy of marriage certificate, copies of children’s birth certificates) certified by a notary. The receipt of the state duty is attached in the original.