Reasons for divorce in a statement of claim

When filing a claim to terminate a marriage, the plaintiff is required to write a reason for divorce only if the defendant does not agree to voluntarily end the marital relationship with the plaintiff.

The most typical examples of reasons for divorce that are indicated in the statement of claim are:

• Lack of respect and love for the other spouse.
• Treason.
• Reluctance of the wife or husband to work.
• Beatings.
• Sexual problems.
• Various types of addictions, for example, alcoholism, gambling addiction.
• Mismatch of characters, habits and lifestyle.

General requirements for drawing up a statement of claim for divorce

In order to correctly draw up a claim document, it is important to adhere to 2 rules:

1. Follow the structure of the application, which is described in detail in the Civil Procedure Code.
2. When writing, use clarifications and clarifications of the Supreme Court from the resolution of the Plenum of November 5, 1998.

The internal contents of the claim document are described in the table.

Upper block	In the upper right corner of the sheet you need to indicate the following information: Full name of the magistrate or the name of the district court, as well as their coordinates (zip code, city, address, contact information). Information about the plaintiff (first name, patronymic, last name, contacts, passport details). The same information must be written about the representative acting on behalf of the plaintiff. Data about the defendant (first name, patronymic, last name, contacts, passport details).
Descriptive block	Begins after the words “Statement of Claim” and ends before the word “Please.” In this block the following is written in the first person: Information about the marital union (record number, place of registration, time) from the marriage certificate. The presence of small children and information about them from certificates issued by the registry office. Children's age. Is there at least a verbal agreement on parenting and child support? Statement of the reason that prompted the plaintiff to dissolve the marriage. Are there requirements for the distribution of marital assets between spouses? If yes, then you need to attach a list of the disputed property with an approximate estimate of its value and write the price of the claims. The norms of law referred to by the applicant.
Resolution block	It starts with the word “Please.” This block states: A list of issues and requirements that need to be resolved by the court. List of papers submitted for consideration along with the claim. Day, month and year of writing the claim document. Applicant's signature.

Along with the claim, copies of the following documents are submitted to the court office:

1. Marriage certificate.
2. Certificates for small children.
3. Inventory of property.
4. Acts on the value of tangible assets from the appraiser.
5. Agreement on the amount of alimony benefits.
6. Agreement on children.
7. A marriage contract, if one has been concluded.
8. Agreement concerning the division of disputed assets.
9. Papers certifying the income level of the parties to the divorce proceedings.
10. The plaintiff’s request, for example, to reduce the time allocated for reconciliation. It is necessary if the applicant wants to resolve the case faster and not wait 3 months for a divorce.
11. Certificates issued based on information from the house register.
12. Checks from the bank for payment of court fees.

The applicant must remember that original certificates and other documents are required for court hearings. Without the original, the judge will not accept the document and will not be guided by it when making a decision.

Main reasons for justifying divorce

Thanks to clear and specific formulations of the reasons for divorce in the statement of claim, the interested spouse can achieve a significant change in the period for reconciliation towards its reduction or even the judge’s refusal to grant it.

To avoid difficulties in drawing up the correct wording, you must adhere to the following rules:

• Avoiding any emotion in her text.
• Prohibition on the use of slang and colloquial words.
• It should be concise and not overloaded with excessive details.
• You need to use words that clearly describe the situation and avoid being vague in your text.

Below are examples of the wording of the most common reasons for divorce.

Cheating on one of the spouses

According to statistical information, 19% of marriages cease to exist due to infidelity. In terms of frequency of mention, this basis for annulment of marriage is in 2nd place.

There is no need to describe in the claim document all the details that became known to the applicant about the infidelity of another participant in the marriage. It is enough to refer to the fact of the spouse’s infidelity. It will be very helpful if the plaintiff’s words at the meeting are confirmed by witnesses.

As an example, here are the 2 most typical formulations used by applicants:

1. The husband (wife) does not even think about giving up accusations of infidelity. This circumstance is an obstacle to the continuation of family life, since it has no further meaning.
2. I caught my husband (wife) cheating. He (she) does not deny this fact. I see no point in continuing the marital relationship.

Confirmed cases of physical violence

In the application you need to write the following sample wording: “My husband has repeatedly used physical violence against me. The child sees the spouse’s inappropriate behavior, and this circumstance negatively affects his psychological well-being.”

To achieve an immediate divorce at the first meeting, words alone will not be enough. It will be necessary to collect evidence proving the inappropriate behavior of the spouse. Such evidence is considered:

• Witness's testimonies.
• A document from the medical organization where the victim was examined for beatings.
• Materials from the police, for example, from an instituted criminal case, or a statement from the injured spouse, or an extract from the duty officer’s log about calling a warrant to the house.
• Documents from a narcologist or psychiatrist, if the husband (wife) is registered with one of them.

Personal motives

Currently, according to statistics, they are the leaders among all reasons for divorce. They account for about 40% of completed marital relationships.

Personal reasons for divorce in a statement of claim are usually:

1. Dislike for the other spouse.
2. Fading feeling of love for husband (wife).
3. Loss of respect for your spouse.
4. Persistent pushing by the husband (wife) of his views on family relationships.
5. Differences in character and worldview. For example, the husband is an active person with a sought-after profession, wants to work in a foreign company and intends to submit an application for a work visa. At the same time, the wife is passive by nature and is content with little, so she does not want to change her life and go abroad with her husband.
6. Exposing deception, for example, when a woman deliberately became pregnant before marriage in order to force a man to marry her.

Standard formulations used by applicants to justify the grounds for divorce include:

• I have lost love and respect for my husband (wife), which are the basis of family relationships. I believe that further life together is impossible.
• I have a deep dislike for my spouse and believe that this circumstance is a serious obstacle to continuing the relationship.
• The unwillingness to give in and find a compromise forces me to demand a divorce.
• The fading of mutual feelings led to the fact that we decided to end the marital relationship.
• My husband and I look at the problems of raising our children differently. Continuing married life, in my opinion, will negatively affect the development of the child.

Domestic disagreements

These reasons include:

1. Addiction to alcohol or drugs.
2. Excessive waste of time on computer games.
3. Addiction to gambling and sports betting.
4. A frivolous attitude towards common property, expressed in an unwillingness to monitor its condition and repair it if necessary.
5. Behavior that is contrary to moral standards.
6. Reluctance to help your spouse at home and take on some of the household responsibilities.

The reasons for the end of the marriage relationship and the corresponding phrases that the applicants write in the claim document are reflected in the table.

Mental illness	Maintaining a marital relationship in the future is impossible, since the marriage partner is sick (write diagnosis). I think that further cohabitation makes no sense.
gambling addiction	The spouse spends all his time gambling and does not pay due attention to the family and its needs. This leads to constant conflicts and makes living together unbearable.
Excessive drinking	The family practically does not exist, since the husband (wife) is almost constantly in a state of intoxication and does not take part in family affairs. In addition, a spouse’s alcoholism causes serious damage to the family budget. I think continuing the marriage is pointless.

Material bases

Most often, the applicant indicates financial difficulties as a reason if:

• The marriage partner does not contribute to the overall budget due to lack of work or due to a simple reluctance to make money in other ways.
• The spouse does not provide even the minimum needs of family members.
• The spouse, due to personality traits or addiction, wastes the money he earns.

The problem can be formulated in the claim document in the following ways:

1. The husband does not want to work and does not make any effort to find income. Thus, he puts his wife and children in a difficult financial situation. I insist on ending the marital relationship.
2. The spouse is overly passionate about (insert the name of the hobby) and spends most of the money he earns on it. This leads to the fact that the remaining finances are not enough to cover the needs of family members. I consider such behavior irresponsible and threatening the financial well-being of the family. I insist on divorce.

Situations in which divorce will be refused

Russian family law prohibits men from asking the court to end their marriage in 3 cases:

• At the time of stillbirth + 1 year after this event.
• At the time of birth of the child + 1 year after this event.
• When a woman who is the plaintiff's wife is pregnant.

Features of maintaining privacy of personal life in divorce proceedings

If the main motive for ending a marriage is the sexual problems of the spouses, for example, sexual perversions of one of them or sexual disharmony, then often the participant in the marriage who suffers because of this is afraid to initiate a divorce. As a rule, the interested person abandons his intentions due to fear of publicity of juicy details of his personal life.

In this situation, we can advise you to do the following:

• You do not need to write the whole truth in your application. It is enough to limit yourself to a general phrase, for example, “preserving the marital relationship is not possible, since I no longer feel a feeling of love for my husband (wife).”
• At the preliminary hearing, you must ask the judge to order a closed trial. As a rule, the court agrees with this request. This will prevent strangers from appearing in court who will not be able to find out the unpleasant details of married life. In addition, the presence of witnesses is not allowed at a closed meeting, since after questioning they will be asked to leave the room.

Arbitrage practice

The case was heard in the Leninsky District Court of Samara in May 2017.

The plaintiff in her application asked the judge hearing the case to end her marriage with her husband, determine the place of residence of their common minor daughter and divide joint property. They did not enter into an agreement on the division of assets.

As for the daughter’s place of residence, the wife asked the court to leave the child with her.

In turn, the defendant filed counterclaims in which:

1. He demanded to end the marriage with the plaintiff.
2. He wanted to leave his young daughter with him.
3. I wanted to claim alimony allowance for my daughter from my wife.

A representative from the guardianship authority petitioned the judge that the girl should be left with her mother.

Having examined the materials of the divorce case, the judge came to the following conclusions:

• Taking into account the impossibility of preserving the family, since both parties to the process insist on divorce, the court decided to end the marital relationship between the defendant and the plaintiff.
• The girl must be left to be raised by her mother, since she has a more trusting relationship with the plaintiff than with her father. In addition, based on the results of the conversation with the child, the court found out that she was comfortable being with the plaintiff and she agreed to continue living with her.
• Due to the fact that the daughter will live with the plaintiff, the defendant’s alimony demands cannot be satisfied.
• Since the deposits in the banking organization were opened during the period of cohabitation of the spouses, the money placed on them is recognized as the joint property of the parties to the process and must be divided equally between them.

Regulatory framework

Family code	Article 17 – cases where the law prohibits a man from demanding the termination of his marriage with his wife. Article 22 – the procedure for terminating marital relations in court if one of the parties opposes divorce.
Civil Procedure Code	Article 131 is a list of information that should be reflected in the application to initiate a claim. Article 132 – additional papers submitted to the court office simultaneously with the claim.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998 No. 15 “On the application of legislation by courts when considering cases of divorce”	Paragraph 7 – the court’s explanations regarding the contents of the divorce petition.

What to include in a divorce claim as a reason

Unfortunately, not every marriage is long-lasting and unique, and often couples who previously entered into a union decide to dissolve their official relationship. The simplified procedure for divorce involves the joint submission by spouses, by mutual consent, of a corresponding application to the registry office, however, there are situations in which divorce in court is simply necessary. The main reasons why divorce is carried out in court are:

• the presence of disputed, jointly acquired property;
• minor children;
• unresolved child custody issue;
• there is a dispute regarding the payment of funds for the maintenance of an incapacitated spouse.

Do I need to indicate the reason for divorce?

If the dissolution of a marital relationship occurs by mutual consent, and the spouses do not have legal restrictions prohibiting this form of divorce, the Family Code of the Russian Federation does not require the party to indicate the reason. Civil registry offices are also not empowered to require spouses to indicate the reason for divorce, but only register the fact of dissolution of official relations.

Any statement of claim must contain the plaintiff’s motivation. In other words, the applicant is obliged to clearly state his position and justify why the concluded union should be dissolved, taking into account, provided that it was not possible to agree on a voluntary arrangement with the other spouse.

• The main task of the judge is to establish an objective picture and study all the circumstances that led to the need to file such a claim.
• Based on the facts and evidence provided, the judge makes a reasoned decision, according to which the plaintiff’s claims may be denied or satisfied.
• Another question is what reasons for divorce can be indicated in a divorce claim so that the judge takes the side of the plaintiff.

Reasons for filing a claim

The plaintiff decides what reasons for divorce to indicate in the claim, and the law does not limit it in any way in its wording.

Judicial practice identifies the main causes of divorce for claims in divorce proceedings:

• personal;
• household;
• material nature (the husband is not able to provide for the family);
• treason;
• intimate.

Personal

Human relationships are so multifaceted that it is simply impossible to immediately identify any personal repulsive traits or qualities in a spouse. As a rule, personal reasons may be the fading of feelings, manifestations of a feeling of neglect or systematic disrespect for each other.

It is important to understand that streamlined and general formulations are suitable if the subject of the dispute is only the dissolution of the marriage relationship, and there are no claims of a property nature, as well as the absence of joint children, otherwise the court will require detailed specification with evidentiary justification.

The main thing is that the statement of claim contains enough facts and grounds that will be considered by the court to make an appropriate decision.

Article 22 of the Family Code provides for the possibility of divorce if the court determines that it is impossible for the spouses to continue living together.

Household

Domestic reasons occupy a significant part in the statistics of divorce cases. Everyday life together often makes adjustments to relationships, in which the parties “get used to” each other. At this stage, the “negative” sides of your partner can be identified. Among the everyday reasons for divorce may be:

• alcohol abuse or drug use by one of the spouses;
• passion for gambling or lotteries;
• persistent mental disorder;
• ignoring or neglecting to participate in raising children;
• domestic rowdy.

In accordance with Art. 166 of the Civil Code of the Russian Federation, in order to recognize the invalidity of a contestable transaction, a court decision is required, and the nullity of the transaction does not depend on the presence of a court decision, since it is invalid from the moment of its conclusion.[/su_note]Regulation of legal relations between the parties to the agreement is carried out according to the general rules of civil law, provided for making transactions, taking into account the specifics of family law.[/su_box]It is important in each case to try to document the facts that led to the need to sever the relationship. For example, if the reason for the divorce is alcoholism, it would be a good idea to attach a certificate from a medical institution or collect supporting explanations from neighbors or relatives.

Material nature (husband is not able to provide for the family)

Discord in the family can also begin due to a lack of desire to work, which subsequently leads to divorce. Few people like it if the husband does not provide for the family and deliberately refuses to get a job to provide for the daily needs of life.

Often the lack of desire to work is a consequence of reasons such as alcoholism, drug addiction or release from prison. Good evidence in court would be to ask the judge to require the non-working spouse to provide documents refuting the plaintiff's claims, and as a rule, he will not have any.

Treason

Cheating is a good reason for ending a marriage. The very fact of this kind of betrayal, in most cases, makes it impossible to further develop relationships and live together. However, the delicacy of such a reason makes one wonder whether it is worth mentioning betrayal as a reason.

Court hearings in divorce proceedings, as a rule, are held openly, and it is not at all necessary for strangers to know the details of their personal lives. In such situations, it is better to avoid clear formulation and generally indicate that living together and developing family relationships is impossible.

intimate

Sexual relations are the norm in a full-fledged and healthy family. However, there may be problems in this area of ​​family life too. One of the reasons for divorce may be sexual dissatisfaction with each other, or, conversely, too high demands from a partner, which may contradict generally accepted rules of morality and ethics.

It is important to understand that the Family Code does not regulate intimate relationships and the sexual life of spouses at a normative level. Therefore, in order to avoid curious and problematic situations in the formulation of the reasoning and operative part of the judge’s decision, it is better to indicate in the application that the spouses did not agree on the characters, interests and preferences in all areas of family life and everyday life.

Official reasons for divorce

In accordance with Art. 166 of the Civil Code of the Russian Federation, in order to recognize the invalidity of a contestable transaction, a court decision is required, and the nullity of the transaction does not depend on the presence of a court decision, since it is invalid from the moment of its conclusion.[/su_note] In accordance with Art. 166 of the Civil Code of the Russian Federation, in order to recognize the invalidity of a contestable transaction, a court decision is required, and the nullity of the transaction does not depend on the existence of a court decision, since it is invalid from the moment of its conclusion.[/su_note] The court will evaluate all evidence according to its own conviction, taking into account the norms of the law. .

Each party must present evidence in its favor.[/su_note]Art. 16 of the RF IC contains 2 grounds on which a marriage union can be dissolved:

1. Death or recognition of one of the spouses as deceased.
2. Submission of a joint or one of the spouses application for divorce.

Part 2 Art. 19 of the RF IC stipulates that one of the spouses has the right to file an application for divorce if the second spouse is recognized by a court decision:

• unknown absent;
• incompetent;

In other cases, the civil registry office (if the decision to divorce is mutual and there are no other disputes) or the court consider the specified reasons in the statement of claim individually, the list of which is indicated above.

• loss of valuables enshrined in Article 1 of the RF IC;
• the presence of negative factors that make the continued existence of the family impossible (alcoholism, parasitism, drug addiction, rowdyism, etc.);
• the actual termination of family relations, and in some cases the emergence of a new common-law family among official spouses.

Examples of writing reasons for divorce

Personal

“I ask you to dissolve your marriage with A.A. Aleksandrov. due to the fact that for a long period of time our family has lost the feeling of mutual love and understanding. Living together and further living together is not possible, and leads to constant quarrels and scandals, which negatively affects my well-being and puts me in a depressed state.”

Household

“I have been living in an official marriage with A.A. Alexandrov for 2 years now. Over the past year, our relations have deteriorated significantly. The husband began to abuse alcohol, as a result of which he was fired from his job. I am forced to work alone in order to be able to purchase everything I need for home and food. The spouse does nothing to find a job and get rid of the habit of drinking alcohol. Being with this person, I see that he is degrading and becoming an antisocial person. I am not satisfied with such a marriage, so I ask you to dissolve my marriage with this person.”

Material nature

“My official husband is A.A. Aleksandrov. leads an antisocial lifestyle, refuses to work and earn money for our family. All the material burden is placed on my shoulders; I alone am not able to feed a healthy man who simply does not want to work.

Moreover, I support a minor child who requires material expenses. I ask you to dissolve your marriage with this man. To confirm my words, I provide a copy of the work book with a record of dismissal, as well as explanatory notes from neighbors.

Cheating and intimacy

“My husband, with whom I have been married for more than three years, all this time had an unofficial relationship with another woman, which I learned about from his correspondence on a social network.

Moreover, I have witnesses who provided information in writing that my husband was often seen leaving the entrance of the house where his close friend lived.

There can be no further preservation of the family in principle. I ask you to dissolve our marriage."

Emotions aside - reasons for divorce in the statement of claim

The wedding scenario is approximately the same for all happy couples.

The same cannot be said about divorce proceedings.

Former spouses cannot even explain to themselves the reason for the separation, but it must be indicated in the divorce application. And for the court there is no argument “love has passed.” How to file a claim without emotions according to the letter of the law?

Divorce from a legal point of view

In the application for divorce, the plaintiff must state the reason for his decision in such a wording that the court accepts and considers his motive sufficient.

Any reason is considered by the court on a legal level, because the divorce process directly affects the interests of the joint child (if any) and the property rights of all parties. Therefore, the banal “they couldn’t get along” will be carefully considered by the judge from a legal position.

The judge is not a family psychologist, but is obliged to comply with the Family Code of the Russian Federation, which prescribes giving spouses time to establish relationships - no more than three months. If reconciliation does not occur during this time, the divorce process will continue and end with the dissolution of the marriage union.

By and large, the reasons for divorce do not affect the course of the court case if they are related to everyday life. If the spouses have made a common decision to “put an end to” family life, the reason may not be indicated. Otherwise, the plaintiff is obliged to tell the court about the “painful issue.”

The law allows unilateral divorce of a marriage without the consent of the defendant in the following cases (IC Article 19):

• one of the spouses was sentenced to serve a prison sentence for more than 3 years;
• one of the spouses was declared missing in court;
• one of the spouses is declared incompetent.

The union can be dissolved at the registry office even if there are minor children together.

Reasons for divorce in statements of claim

The legal practice of divorce proceedings shows that a number of circumstances can be considered the most convincing reasons for the breakdown of family unions.

Personal motives

If only one of the spouses insists on divorce, the plaintiff changes the wording - “I believe that further preservation is not possible, since I have lost the feeling of love for my partner.” Taking into account the circumstances and norms of the UK, divorce will be recognized as the only possible solution.

The statement can indicate “saving the marriage is impossible because of my hostile attitude towards my partner.”

These are the most common formulations relating to personal reasons for divorce. The main thing is to openly express your emotions and the true reasons for the breakup of the family.

Is it worth disclosing the fact of betrayal?

Not every person is able to voice such a delicate reason for divorce because of feelings of shame and frustration. Therefore, many hide it behind the generally accepted formulation “I consider it impossible to continue living together.”

If there are no emotional obstacles to indicate the true reason, the reason sounds like this: “saving the family is impossible, since the partner has not remained faithful.

If the spouses have entered into a prenuptial agreement that includes compensation for adultery, the reason will have to be stated.

It is worth remembering that emotions have no place in the legal process; they are not reflected in official documents. Therefore, it is necessary to maintain a dry style of presentation of acts without emotional coloring. But in the courtroom, on the contrary, it would be useful to speak out about painful issues.

Intimate question

Family lawyers advise in such cases not to indicate the true motive, since the Family Code of the Russian Federation does not consider the sex life of spouses. It speaks only of mutual love, loyalty and respect. And such an intimate issue should not be brought up for public discussion.

It turns out that the sexual side of marital relations has no legal basis. Therefore, it will not be possible to objectively formulate a claim in a claim. There will be no compelling reason for the trial.

Iceberg of everyday life

Life includes many aspects:

• gambling addiction;
• alcoholism;
• addiction;
• psychological diseases;
• rowdy in the family;
• avoidance of raising and maintaining children.

On the legal plane, they are reflected in the specific wording of the plaintiff, for example, “preserving the family is impossible due to the partner’s alcoholism, which leads to conflicts and financial problems.”

If the claim cites the fact of beatings, it is necessary to attach a certificate from the police and a medical examination . A document stating that the partner is registered as a narcologist would be useful.

In any case, it is necessary to indicate the true reason and provide evidence of the condition of the other half.

Financial difficulties

The reason for divorce may be the inability of one of the spouses to provide for the family. If one family member lives at the expense of another and there are no objective reasons for this, this is called social “parasitism.”

This may also be associated with various types of addiction, when a person “takes everything out” of the house. It must also be indicated that minor children do not receive the necessary maintenance.

How to correctly formulate the reason?

A well-formulated motive should convey the full meaning of the problem that has developed in the family, which can only be resolved by divorce. Let us give an example of some of the reasons and how they are reflected in the plaintiff’s statement of claim.

Causes	Wording in the application
PERSONAL
Treason	“I consider my partner’s behavior immoral and detrimental to family relationships. I consider further cohabitation impossible.” or “Saving the family is impossible because the partner has violated the oath of fidelity. This contradicts the SC’s belief that marriage is based on mutual respect.”
Fading feelings	“I think that further preservation is not possible, since I have lost the feeling of love for my partner.”
Different views on raising children	“My partner and I have different approaches to raising children. I believe that further cohabitation will have a negative impact on the development of children.”
HOUSEHOLD
Alcoholism	“Saving a family is impossible due to the partner’s alcoholism, which leads to conflicts and financial problems.”
Addiction	“Saving a family is impossible due to my partner’s constant drug use, which leads to outbursts of aggression towards me and the children.”
gambling addiction	“Saving a family is impossible due to a partner’s gambling addiction. This leads to conflicts and financial problems in the family.”
Family rowdy	“My husband constantly uses physical violence against me and the children. The psychological situation in the family harms the full development of children.”
Psychological illness	“Saving the family is not possible, since my partner suffers from mental illness (specify diagnosis). This makes living together impossible.”
INTIMATE
Sexual dissatisfaction	The real reason is not indicated, as it lies outside the legal framework. The general formulation is used: “I believe that further preservation is not possible, since I have lost the feeling of love for my partner.”
MATERIAL
Parasitism	“I think that saving the family is impossible, since my husband does not work anywhere and does not receive any income. He does not do housework or raise children. It puts the family in a difficult financial situation, the children are not sufficiently provided for, since my earnings are not enough for everything.”

Each couple has their own reasons for divorce, and it is impossible to describe them all within the framework of the law. If reconciliation is not possible and there is no way back to a happy family life, indicate in the claim the true reason for your informed decision, if it is permissible to voice it. There is no place for emotions in court documents; every word must have a legal basis.

Reasons for divorce in a statement of claim: what to indicate, examples

Last modified: September 2023

Conducting a divorce in court indicates the absence of mutual desire or the presence of minor children. The standard requires the reasons for divorce to be indicated in the statement of claim, describing the untenable nature of the union and the impossibility of preserving the family. Divorce is an unpleasant procedure, which is desirable for a speedy completion with minimal visits to authorities.

Grounds for divorce in court

Divorce in court in accordance with Article 21 of the RF IC, which contains the grounds for divorce through consideration of materials in court:

• the presence of common children who have not reached adulthood;
• lack of consent of any of the parties or implicit evasion of applying to the registry office.

The court may, if there is insufficient motivation, provide time for reconciliation, the maximum period of which is three months (Article 22 of the RF IC). If there is mutual consent, the court does not find out the reasons for divorce on the basis of Article 23 of the RF IC. What reason to indicate in the divorce application depends on the individual circumstances of the divorce process, including:

• the presence or absence of material claims;
• determining the place of residence of children after divorce;
• desire to deviate from the principle of equality when dividing jointly acquired property;
• resolving the issue of child support.

Optimally, the reasons for divorce should be indicated in the application that are easily provable, supported by documents or testimony, do not mutually humiliate the spouses and do not require the court to “dig into dirty laundry.” After all, it is difficult to prove the lack of financial support if the other party has a high level of official income or chronic alcoholism if they are not registered on this issue.

Reasons for divorce

The breakdown of marriages is increasing annually and is approaching half the mark of registered unions. The termination of family relationships is facilitated by a whole “bouquet of accompanying circumstances,” however, psychologists identify the main reasons for divorce:

Personal reasons. These include the loss of respect, love, harmony - at first glance, having an emotional connotation to a greater extent than a legal one for the court. However, the Family Code opens with the first article, which talks about building family relationships on feelings of mutual love and respect, mutual assistance and responsibility of all members.

Household issues. Lack of help in housekeeping, immoral lifestyle leading to conflicts, including physical and psychological violence affecting children. When indicating domestic problems as the main reason for divorcing your husband, you should provide evidence:

• a conclusion on registration and completion of a course of treatment for alcoholism and drug addiction, including compulsory treatment, issued by a psychoneurological dispensary;
• a certificate from the internal affairs bodies about the invitation of the police to resolve conflicts and the presence of beatings;
• testimony of neighbors about the provision of minor household repairs by third parties in the presence of a spouse.

Material problems. In accordance with Article 89 of the RF IC, spouses are obliged to support each other financially. Refusal of support may result in being forced to pay alimony in court. A compelling reason for divorce in court, proving reluctance to provide financial support:

• lack of a place of official employment, confirmed by a copy of the work book;
• reluctance to look for work, confirmed by failure to visit the labor exchange;
• absence of an individual entrepreneurship registered in one’s own name.

Reasons of a sexual nature. If the reason for divorce lies in sexual dissatisfaction, then it is worth weighing the arguments and counterarguments before indicating in the application, because:

• intimate life is not regulated by family law;
• the court may consider the reasons not strong enough in the absence of signs of violence;
• details are preferred not to be disclosed for moral reasons.

What to indicate in the reason for divorce is determined by the presence of specific facts confirmed by certificates, extracts, and testimony. The more accurate and specific the information is confirmed, the less reason the court proceedings will have to provide time for reconciliation and repeated visits to the authorities by the spouses who decided the outcome of the marriage.

Divorce is not caused by one specific reason, but by a whole complex that is not interesting to the court, but is obliged to conduct proceedings when a specific reason is indicated. The plaintiff’s task is to highlight what reason for divorce to indicate in the statement of claim, reasoned and impartially referring to the facts, leaving behind emotions.

In addition to general details, the claim states:

• a descriptive part of family ties, including the period of marriage, time and place of entry, information about common children;
• moments of actual termination of family relationships (termination of joint household management, possible option of separation while formally married);
• the presence or absence of controversial issues regarding the determination of the place of residence of children, the division of jointly acquired property, filing for alimony in favor of minor children or a frail other half;
• if mutual consensus is not reached, reasons for divorce that prompted the plaintiff to take radical measures and make it impossible to preserve the family;
• a request for divorce with reference to legal acts;
• list of attached additional documents - grounds for divorce.

According to the norms of family law, there is no direct obligation imposed on the plaintiff to substantiate in detail the reasons for the divorce to the court.

However, according to the general approach, the mandatory aspects must include requirements that make the request for divorce justified.

According to lawyers, if there is mutual consent, with the exception of the pregnancy of the wife and one-year-old children, the court will dissolve the marriage, but in the absence of mutual consent, the initiator is required to indicate in detail the circumstances, especially if there are claims of a material nature and the problematic issue of finding the children.

Formulation of the claim

The reasons for divorce in the statement of claim must be indicated as correctly as possible, sufficient to indicate the position and respectful of the other half. Otherwise, the plaintiff may set the court negatively towards himself, trying to humiliate the second spouse and not being thorough enough to make a decision about the futility of reconciliation.

There are standard cliches that are successfully used when formulating claims:

1. In the absence of specifics: “In fact, the marital relationship has ceased (approximately indicate the period), joint housekeeping and a common family budget are absent, which is contrary to the norms of family law. I consider further preservation of the marriage union inappropriate, since instead of spouses we represent neighbors in a communal apartment.”
2. In the absence of material support: “Life together did not work out due to the unwillingness of the spouse to work and provide for the family. His labor activity has been permanently terminated (indicate the period and provide a work book or a copy thereof, if possible, indicating the absence of employer marks and registration at the employment center). I am unable to support my husband financially, since I am the sole breadwinner of a family with a low income (confirm with salary certificates).”
3. In the presence of a harmful addiction: “My husband’s alcohol addiction has made living together impossible, jeopardizing not only my health, but also the health of the children. Physical assault and scandals have repeatedly served as a reason for neighbors to contact law enforcement agencies, which I confirm with the attached reports. The promised treatment process was not crowned with the achievement of results, as evidenced by the refusals of treatment issued by the psychoneurological dispensary and confirmation of a medical examination at the initiative of the employer.”
4. In case of adultery: “The reason for divorce is the humiliating fact of adultery and the actual absence of a family, since the husband lives with another woman at (insert address), where his personal belongings are located. I provide confirmation with a certificate of passport verification and his actual absence at the place of registration. I ask you to dissolve the marriage, since it has actually broken up.”

The true reasons for divorce may not be indicated in the statement of claim. However, if the arguments are insufficient, they will have to be voiced during the proceedings, especially if the other party does not want to divorce and if there are minor children.

Reasons for divorce in a statement of claim for divorce: examples of explanations

The reasons for divorce can be very different, but in the statement of claim they must be described correctly and competently. We will tell you in this article how to draw up an official document and convince the court of the need for a divorce.

When drawing up a statement of claim, many spouses wonder what reasons for divorce to indicate. After all, it is obvious that emotional language in this case is unacceptable, and excessive frankness can harm the reputation of the couple.

Common causes of divorce include alcoholism, drug addiction, financial difficulties, violence, infidelity, and lack of preparation for family life.

If these circumstances are described correctly in the application, the court will make a positive decision for the plaintiff without additional proceedings.

Personal reasons for divorce: what to write in the statement of claim

Marriages often break up due to cooling of feelings, betrayal, or personal hostility. In this case, it is worth referring to Article 1 of the RF IC, which states that the basis for creating a family should be mutual love and respect.

If only one spouse insists on divorce, the reason for divorce in the statement of claim can be formulated as follows: “Saving the family is not possible, since I have lost the feeling of love for my spouse.” If a husband and wife dislike each other, this can also be indicated in the claim. The main thing is that the reasons described are truthful and do not discredit the honor and dignity of the defendant.

Domestic reasons for divorce

Divorce can be caused by a spouse's alcoholism or drug addiction, domestic violence, lack of help, and neglect of raising children.

In such a situation, the statement of claim should contain the following: “I believe that it is impossible to save the family, since the spouse suffers from alcohol addiction.

If you indicated alcoholism, drug addiction, or inappropriate behavior of your spouse as the reason for the divorce, be sure to attach supporting documents to the statement of claim. For example, medical reports and witness statements.

Reasons of a material nature

Many families break up due to financial difficulties - lack of separate housing, unwillingness of one of the spouses to work, excessive spending that puts the family in a difficult situation.

The material reasons for divorce in the statement of claim should be described as follows: “I believe that it is impossible to save the marriage, since the spouse is not only unemployed, but also refuses to look for work. He does not provide for his family and puts them in a difficult financial situation.”

Reasons of a sexual nature

Circumstances such as infidelity, disharmony in the sexual relations of spouses, dissatisfaction, and infidelity also lead to divorce. But is it worth indicating such reasons for divorce in a divorce application? Of course not.

To begin with, it is worth remembering that the law does not regulate the intimate relationships of spouses in any way, which only means that the court will not have any motivation or basis for dissolving your marriage.

The court often considers reasons of this nature to be insufficiently compelling and the claim may be rejected. Do not forget that disclosing details of your intimate life can cause inconvenience to both parties.

And this kind of public scandal can hurt and offend the spouse.

In such cases, instead of disclosing intimate details of your married life, it is best to indicate the general reasons for divorce in the statement of claim. It is quite enough to use standard formulations about the loss of love or unsettled life.

In addition to the divorce application itself, you may need a statement of claim for the division of property and for the collection of alimony.