Sample application for divorce through the court with children 2023 - statement of claim for divorce through the magistrates' court with and without children - template, form, example, application form for divorce through the court

There comes a time in many families' lives when it's time to separate. In this case, the question of the divorce procedure is closely raised. It can be formalized in different ways, each of which family law has its own application.

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

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Methods of divorce

The first, easiest option to end a family relationship is to contact the registry office with a joint application of family members for divorce . It can be used by spouses who do not raise common minor children, and both of them are not against dissolving the marriage.

However, in exceptional situations, by applying to the registry office, one of the spouses can free himself from family ties unilaterally .

This is possible when the second spouse is declared incompetent or missing through the court. In addition, the initiative of one of the parties to end the marriage is facilitated by the sentencing of the second family member to imprisonment for a term of over 3 years.

It remains to add that when applying to the registry office, all necessary legal procedures take on average one month.

You have to go to court even when the second spouse verbally agrees to end the marriage, but in practice avoids visits to the registry office in every possible way.

Through what court can you get a divorce?

Both district courts and magistrates can now hear divorce cases . In the latter case, several conditions are necessary:

• there is no dispute between parents about children;
• if the claim raises the issue of division of property, its value should not exceed 50,000 rubles.

Geographically, a statement of claim is usually filed at the place of residence of the defendant (the same applies to appeals to a magistrate). However, if the mother has a small child in her arms or she, due to illness, cannot be in another court, the claim can also be addressed to her residence address.

In relation to a justice of the peace, the website sudrf.ru will help you navigate the choice.

The differences in the consideration of a case in a regular court or before a magistrate lie in the timing of the process . In a district court, a case can be resolved within two months, and in a magistrate - one.

But there is a serious exception to this rule. When the second spouse is categorically against divorce, the court may (but is not obligated) to give people time for reconciliation, which can take up to 3 months. If even after this it is not possible to save the marriage, then a decision on divorce follows.

What do you need to know when going to court?

Since the material is devoted to the registration of divorce proceedings before a justice of the peace, we will focus on this. As mentioned above, one of the prerequisites for applying to the magistrate’s court is the absence of a dispute regarding children .

Sometimes the plaintiff directly writes in the claim that there is no dispute about the children. However, the opposite side may insist on the opposite. Then this fact must be confirmed by an agreement on child support concluded by the spouses in writing .

It must contain provisions regarding the place of further residence of the child, the conditions of communication with him by the second parent, etc. In general, this document specifies all issues regarding the further joint participation of the former spouses in the fate of the child.

If the parents decide to include a section on alimony in the document, then it must be certified by a notary.

When an agreement regarding the fate of the children has been signed and there are no disagreements between the spouses, the content of the claims should be determined. The first of these is, of course, divorce . Along with it, the initiator of the divorce has the right (but not the obligation) to raise the issue of dividing joint property and collecting alimony .

These claims may be the subject of a separate claim. Moreover, if the spouses signed an agreement on the payment of alimony with a notary, there is no need to collect them in court. If the concluded agreement is not fulfilled, it is enough to simply turn to the bailiffs for help in obtaining payments for the child.

Financial considerations may also influence the choice of the scope of claims. If the issue of divorce, division of property and payment of child support is being resolved, then the state duty is paid separately for each item . Its dimensions are:

• 600 rubles – only when dissolving a marriage;
• % of the value of the property – in case of division of property;
• 150 rubles – in relation to the collection of alimony.

Form for filing a claim for divorce

Form of statement of claim to the magistrate's court: Download the form

How to write an application, what is to be filled out in it? In the case where the claim is addressed to a magistrate, the template includes the following structure.

• The beginning of the document must contain an indication of the location of the magistrate's court and full information about the parties to the process (initials, address, and contact information).
• After this, you should describe the circumstances of the marriage with reference to the relevant documents .
• The next part of the claim should be a description of the reasons that prompted you to file an application with the court . This can be a variety of circumstances (psychological incompatibility, lack of mutual understanding and even abuse)
• When children were born into a family union , they must also be indicated in the statement of claim with reference to their date of birth.

Then you need to indicate that the spouses have no disputes regarding the further maintenance of their descendants . Next, there should be a reference to the norms of family and procedural legislation that justify the procedure for divorce.

Where to submit the package of documents?

The statement of claim must be accompanied by a receipt for payment of the state duty, a copy of the passport and marriage certificate. If there is a small child in the family, then a copy of his birth certificate is also attached to the claim.

The entire package of claim materials should be made in triplicate : for yourself, the court and the defendant. The claim with all attachments is submitted to the court office or sent by mail with an inventory. If the materials are accepted by the office, you must remember to mark your copy.

In conclusion, it should be remembered that a court decision on divorce does not automatically mean that it is granted. To do this, you need to go through the appropriate procedure at the registry office.

If there are some points you don’t understand, watch this video about the divorce procedure:

Page 2

Statistics show that a fairly large percentage of marriages end in divorce. But divorce, as well as the preparation of all necessary papers in court and the registry office, is not free, and everyone who wants to get a divorce must pay a state fee.

The state fee is a strictly fixed amount established by the state, which spouses are required to pay for the preparation of documents and the settlement of legal issues. The amount varies greatly depending on the circumstances, and in this article we will talk in detail about when and how much you need to pay. Continue reading →

Dissolution of marriage or divorce is an extremely painful procedure. If the husband and wife together came to the decision to separate and they do not have children under 18 years of age, then the divorce procedure is carried out by the registry office one month after filing the application.

It is somewhat more difficult to dissolve a marriage if there are minor children. But if the spouses do not have material claims against each other and if there is agreement on issues of place of residence and upbringing of offspring, the divorce process is carried out with the help of a magistrate’s court.

How to correctly write the reason for divorce in a statement of claim?

The pace of life of a modern person is rapid, and there is no desire to travel to registry offices, standing in line. That is why modern computer technologies greatly facilitate the solution of many issues .

For example, is it possible to file a divorce online?

It's not difficult, if only you had a computer. And the sequence of actions in our article...

Marriage to a foreigner, which seems so rosy and happy, sometimes ends in divorce. Different mentality, attitude towards family, everyday life, each other, children, work, most often lies at the origins of mutual misunderstanding .

However, in practice, breaking up with a citizen of another state is not at all easy.

Read about the intricacies of divorce from a foreigner in the article...

Then, for the divorce to take place legally, the spouses need to formalize the end of the family relationship and receive the appropriate document - a certificate of divorce .

What should you do to get it?..

There comes a time in many families' lives when it's time to separate. In this case, the question of the divorce procedure is closely raised. It can be formalized in different ways, each of which family law has its own application.

Application form for divorce to the Magistrates' Court...

When life together does not work out and the decision to separate is imminent, people who are faced with this for the first time, mostly young people, do not know where to start the process and where to go so as not to waste precious time in an unpleasant stay in queues.

List of documents for divorce in the registry office and court...

Many couples believe that divorce is only possible through the court, and for this it is necessary to draw up a whole bunch of papers. In fact, a similar process can be carried out through the registry office if certain conditions are met.

Download the application form for divorce at the registry office...

Sometimes even the strongest families break up and couples have to not only go through a mental crisis, but also collect documents for divorce. Registration of a divorce is possible through two authorities: the court and the registry office. Registration through the registry office is considered as simple as possible, in contrast to multi-day litigation, which can end in a completely unpredictable result.

How can you file a divorce through the registry office?..

Statement of claim for divorce in the Magistrates' Court ([year]): sample filling

to ask a lawyer .

It's free!

The issue of ending a marriage must be resolved in court when the spouses have minor children, common property, or one of them does not want to get a divorce.

It is necessary to draw up a claim and send it to the court. You can prepare an application form for divorce to the magistrate’s court in 2023 yourself or seek help from a human rights activist.

Grounds for divorce

The RF IC contains a list of grounds in connection with which a marriage union is legally terminated: the death of one of the spouses or the application of the spouse (spouses). What is the procedure for divorce in a particular case? There can be many situations:

• if the citizen dies, then there is no need to go to court: the marriage is annulled automatically;
• if a citizen has gone missing, is incompetent, or sentenced to a term of more than 3 years, the second spouse can divorce unilaterally in the registry office;
• in all other cases, divorce occurs in the registry office or court.

The judicial procedure is relevant when the husband and wife have children under 18 years of age, have managed to acquire property during the marriage, and have claims against each other. The interested spouse files a claim with the judicial authority at the place of residence of the defendant.

Divorce without children, without property and with the consent of the spouses can be carried out by the registry office.

The reasons for the termination of a marital relationship can be various disagreements between husband and wife:

• adultery;
• complexity of characters;
• loss of respect, lack of love;
• domestic violence;
• spouse's alcoholism;
• the spouse’s reluctance to provide financially for his family, etc.

What exactly was the reason for the divorce is not so important, since it will not particularly affect the court’s decision. But in the statement of claim it is necessary to describe in detail all the circumstances.

In what cases is a claim filed in the magistrate's court?

Magistrates' courts have jurisdiction only over certain categories of civil cases (Article 23 of the Code of Civil Procedure of the Russian Federation). Applications for divorce are considered:

• if there is no dispute about children;
• if property worth no more than 50 thousand rubles is divided.

If a divorce is accompanied by problems such as determining the child’s place of residence, paying alimony, or dividing property in an amount exceeding 50 thousand rubles, then such a dispute is considered by the district court.

How to prepare a statement of claim?

The claim is drawn up in any form. There is no strictly established form. But when writing an application, you must adhere to the provisions of Art. 131 Code of Civil Procedure of the Russian Federation. The claim states:

• name of the magistrate's court;
• information about the parties to the case (full name, place of residence, contact information);
• a statement of the circumstances of the case: when the marriage took place, information about minor children, joint property, reasons for divorce;
• plaintiff's demands: request to end the marriage;
• documents attached to the claim;
• date, signature of the applicant.

The claim can be filed either personally by the applicant or by his representative by proxy - another person, as well as by a lawyer.

The application form is printed in 2 copies: one for the court, the second for the defendant. A sample sample can be downloaded below.

Documentation

To file a claim you will need the following documents:

• plaintiff's passport;
• Marriage certificate;
• children's birth certificate;
• certificate of family composition;
• title documents for property, certificates of its value;
• agreement on payment of alimony;
• receipt of payment of duty.

If the requirements of Art. 131 – 132 of the Code of Civil Procedure of the Russian Federation, the claim is returned by the judge back to the applicant to eliminate the shortcomings. A ruling is issued specifying the deadline for finalizing the claim.

The husband and wife can independently decide the issue with the children: with whom they will live, how much alimony the second spouse will pay. To do this, it is enough to draw up an agreement on the procedure for communicating with the child with a notary.

Opening of proceedings in the case

After receiving the claim, the judge must open civil proceedings within 5 days. A hearing date is set for the case. The plaintiff and defendant must appear in court. Participants are notified of the date of the meeting by sending them an agenda.

If the plaintiff or defendant cannot arrive at the specified time, he may file a motion to postpone the hearing to another day or to consider the case without him. If the person has not received a corresponding request and has not arrived in court, the judge may postpone the hearing, but if the situation repeats, then most likely the case will be considered without a participant in the process.

Refusal to accept a claim

The judge may refuse to accept the application if the circumstances described in Art. 134 Code of Civil Procedure of the Russian Federation. An exhaustive list is provided:

• the application cannot be considered in civil proceedings;
• the claim challenges acts that do not violate the rights of the applicant;
• there is a valid court decision to consider a dispute between the same participants, about the same subject of the dispute, on the same grounds;
• a settlement agreement was concluded between the parties on the same issue described in the lawsuit.

The judge makes a decision to refuse to consider the case. Within 5 days it is sent to the plaintiff with the documents previously submitted by him.

It will be problematic for the plaintiff to file a claim for divorce again if he indicates the same grounds for divorce. For example, if the plaintiff initially withdrew his application, then the same grounds for divorce cannot be indicated in the lawsuit a second time. The wording will have to be changed and then the application will be considered.

Fee for filing a claim

State duty is a payment that is obligatory paid to the state budget for the commission of legal actions by government bodies. When applying to a magistrate or district court, the amount of the fee established by the Tax Code of the Russian Federation is paid.

According to clause 3, part 1, art. 333.19 of the Tax Code of the Russian Federation, the amount of payment for filing a claim for divorce is 300 rubles. If in the application the plaintiff also demands to divide the joint property, then the amount will increase: the application will be of a property nature, the amount will be calculated depending on the price of the claim.

Since the magistrate considers only those disputes in which the amount of property does not exceed 50 thousand rubles, then, according to clause 1 of part 1 of art. 333.19 the duty will be:

• 4%, but not less than 400 rubles. - if the property is valued at up to 20 thousand rubles;
• 800 rubles + 3% of the amount that exceeds 20 thousand rubles. – if the property is valued from 20 to 100 thousand rubles.

Payment is due before submitting the application. A receipt for payment is attached. Failure to pay the fee may result in the claim being returned to the applicant. If the fee is not paid in the future, the claim will not be accepted for consideration.

How does the court hearing work?

During the court hearing, the judge hears the opinions of the plaintiff and defendant and finds out the reasons why the marriage should be terminated. Judicial practice shows that spouses are always given additional time to consider a decision.

This is explained by the fact that many spouses make decisions based on emotions. To save the family and prevent citizens from making mistakes, they are given time to think again .

At subsequent hearings, the judge finds out whether the husband and wife want to save the marriage. It is possible that the plaintiff will want to withdraw the application. If the parties continue to insist on ending the marriage, the judge will issue a decree of divorce.

Information about the termination of marriage is transmitted to the registry office.

What demands can be made in a claim?

In addition to the petition for dissolution of the marital relationship, the plaintiff may make demands for the division of property. Joint property is considered to be the property that was acquired with common savings during the period of a registered marriage (Article 34 of the RF IC).

Many women wonder: will they be able to claim a share of the property if they did not work during maternity leave and did not earn money during this period? Part 3 art.

34 gives the answer to this question: the spouse who did not work, but ran a household, raised children, or for other valid reasons did not earn money on his own, has the right to part of the joint property.

Please note: the magistrate will consider a claim whose price does not exceed 50 thousand rubles. If we are talking about more valuable property (apartments, vehicles, land) with a higher value, you will have to go to the district court.

Civil procedural legislation provides for the possibility of divorce in a magistrate's court. However, this body does not consider all divorce disputes, but only those that do not raise the issue of children and expensive property.

Divorce cases related to children, payment of alimony for their maintenance, determination of their place of residence, division of real and movable property are within the competence of district courts.

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.  

Download sample applications, read recommendations, ask questions to a lawyer.

7 steps to draw up a statement of claim for divorce

1. Get detailed information about divorce, read examples of statements of claim, court decisions and judicial practice - Divorce or dissolution of marriage.
2. Pay the state fee when filing a claim - State fee to court.

3. Download a sample application for free from the website
4. Collect the necessary documents and make copies of them
5. Draw up an application for divorce according to our sample.

6. If you have additional questions or your situation is beyond the typical, ask questions in the online consultant.

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.

• You can download samples of applications for divorce with one child or several children to see the specifics of their execution.
• Download samples:
•   Statement of claim for divorce with one child
•   Statement of claim for divorce with 2 or more children

How to file a claim for divorce

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.  

1. note
2. Application for a court order to collect alimony
3. Statement of claim to determine the child’s place of residence
4. Statement of claim regarding the procedure for participation in raising a child

• Download a free sample application: 
•   Statement of claim for divorce
•   Statement of claim for divorce on behalf of the wife
•   Statement of claim for divorce on behalf of the husband
•   Statement of claim for divorce with one child
•   Statement of claim for divorce with 2 or more children
•   Statement of claim for divorce without children
•   Statement of claim for divorce with the consent of the spouses
•   Statement of claim for divorce when one spouse does not agree
•   Statement of claim for divorce and division of property
•   Statement of claim for divorce and alimony
•   Statement of claim for divorce and determination of the child’s place of residence

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.

What if the spouse left 8 months ago and took the marriage certificate with her?

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.

How much does a sample divorce petition cost on your website?

A sample statement of claim for divorce can be downloaded from the website for free. If you need legal assistance in filing a claim, please fill out the contact form.

Application for divorce through court with children. Sample and form 2023

The breakdown of a family is always a sad event. But in addition to emotional distress, spouses need to officially register the breakup of the relationship. However, if there are children in the family, filing a divorce becomes a rather labor-intensive procedure, which in most cases is carried out through the court.

Files for download:

Grounds for divorce in court

As a rule, when a family breaks up, controversial issues arise regarding property, children and other claims. In this case, you should use the regulations of the Family Code. It is stated here that divorce proceedings, where one of the parties has any claims, are considered through the court. You can’t do without it if:

• one of the married couple does not want to get a divorce;
• without making any demands, one of the parties avoids divorce through the registry office in every possible way;
• there are young children in the family;
• Spouses cannot independently divide their acquired property.

It should be taken into account that if the initiator of the divorce is the husband, and the spouse, who is pregnant or is raising an infant, does not consent to the divorce, the court will not even consider this case.

Divorce procedure, basic principles

Divorce is carried out in several stages, each of which spouses must treat with maximum responsibility. You should start by drawing up the application itself, which will be submitted to the court.

Then you need to collect all the necessary documents. Prepare everything that you think could influence the judge's decision. Regardless of how many children there are in a family, the divorce process follows the same principle.

Here, the amount of alimony awarded may differ.

Regardless of who paid the loan more or whose first mortgage payment was made, all investments in the property taken on credit are divided equally.

If such a conflict arises, there are several options for repaying the debt:

• The spouses officially agree that after the divorce they will continue to pay the loan until it is fully repaid. Then the former spouses will be able to sell the property, and be sure to equally divide the proceeds;
• sale of the home, which will allow partial repayment of the loan. However, after this, the remaining debt is divided equally between the spouses. In this case, you will have to obtain permission from the lender to sell the mortgaged property;
• re-registration of the debt to one of the spouses, who will continue to repay it. In this case, the second party writes a waiver of the loan property, receiving certain compensation.

The court considers two main issues: how the property will be divided, and which parent the children will remain with after the divorce. If, when dividing property, the spouses do not come to a common decision, everything will be divided strictly in half.

As for children, the judge takes into account many factors, for example, the availability of living space, living conditions, availability of work, financial security.

The judge always asks the children who they would like to live with, which is also taken into account when making a decision.

In no case should lengthy legal proceedings be viewed as a normal bureaucratic procedure. After all, situations often occur when, during a lengthy consideration of a case, spouses abandon their intentions, thereby saving the family.

If one of the spouses does not agree with the court decision, he has the opportunity to appeal it. However, he has ten working days to submit documents to appeal. If nothing has been done during this time, the court decision automatically comes into force.

Where to file for divorce with children in 2023

Two government organizations can officially dissolve family relationships:

1. Court . This may be a city, regional or global structure.
2. The registry office , where the marriage registration took place. If you live, respectively, and are getting divorced in another city, you can contact the registry office at your place of residence.

Situations when the court deals with a case were discussed above. Divorce through the registry office is carried out under certain circumstances:

• no young children;
• mutual desire of both spouses;
• one of the spouses has gone missing;
• one of the parties is declared incompetent;
• there are no property disputes or other claims.

State fee when submitting an application

The court will not take up the case until you pay the state fee. Its amount must be clarified with the body in which the case will be considered. This directly affects the cost of the duty. It also depends on the complexity of the particular case:

1. If the registry office is involved in the case, the cost of the process is usually 1,300 rubles.
2. Court services will cost 600 rubles. However, after his decision, you will need an additional 1,300 rubles for the divorce certificate.
3. When an application is submitted by a woman whose husband is declared incompetent, missing, or is in prison, the fee will cost 350 rubles.

As a rule, spouses divide the amount of state duty equally. Although the law allows one of the parties to fully assume these obligations.

Divorce terms if you have children

Several factors influence the length of the divorce process. If there are no children, it is enough to visit the registry office, which will consider the application within one month.

If there are children, the court will handle the procedure. In this case, the case may take more than one month to be considered. The long period of filing a divorce is explained by the fact that several controversial issues related to children are being resolved at once:

• who will the children live with?
• amount of alimony;
• payment methods;
• division of property.

Even “simple” divorces are not processed immediately. The judge is not obliged to take measures to reconcile the spouses, but he gives a certain period of time so that they have the opportunity to carefully think about their actions again. This so-called reconciliation time allows both parties to make a final decision without emotion.

Often the divorce process is divided into several stages. First, the court considers the divorce itself. To divide property and assign alimony, it is often necessary to submit additional applications, since these cases are considered separately. Thus, the applicant needs to write different claims separately. Naturally, this process will take quite a long time.

( Video : “How to file a claim for divorce in court? Sample, writing rules.”)

How to properly file an application for divorce in court

The statement can be divided into five parts:

1. The “header” of official documents is filled in in the upper right corner. Information about the applicant and the respondent is also entered here.
2. Below you need to indicate the name of the document.
3. Then comes the main section. A text is written here that indicates the data on the marriage certificate, the presence of small children, and the date of the actual separation of the spouses. It is desirable that at the end of the text there is a sentence that this family cannot be restored again.
4. This section begins with the word “Please...”. As a rule, the applicant asks not only for divorce, but also for alimony payments.
5. At the bottom of the application you must indicate the date it was filled out and a signature, which must be accompanied by a transcript.

How to file an application for divorce in court

There are no strict rules for drawing up an application. However, the law provides for general requirements. This document must contain the following mandatory items:

• the authority handling the case;
• passport details of the plaintiff;
• passport details of the defendant;
• place and date of conclusion of the union;
• compelling reasons for divorce, which will confirm that living together is no longer possible;
• reasons for going to court rather than to the registry office, for example, disagreement of one of the parties, the presence of young children, etc.;
• if there are children, enter full information about them;
• whether one party with whom the children will live wishes to receive alimony;
• information about who exactly the children will live with;
• information about property acquired during marriage;
• list of attached documents;
• Is this a mutual decision?
• signature and date of completion.

The court will accept your application only if you present a document confirming payment of the state fee. Without payment, your application will not even be accepted. When the application is registered, you will need to provide a marriage certificate and passport. The judge may also require you to present a package of additional documents.

What documents must be attached to the statement of claim?

There is a list of required documents that must be immediately attached to the application:

• copy of the application;
• original marriage certificate;
• if you have a child, you will need a copy of the birth certificate;
• receipt of payment of state duty.

If these documents are not attached to the application, the court accepts it, but temporarily rejects the consideration of the case. However, the applicant will be given a certain period of time to collect the necessary certificates. Otherwise, the judicial authority will return the application. If the applicant files a claim again, he will again have to pay the state fee.

Also, each of the participants in this process has the right to submit additional documents that are relevant to the case and may influence the judge’s decision. This could be an inventory of property acquired during marriage, medical reports, characteristics from the place of work, income certificates, etc.

Sample statement of claim for divorce with children in 2023

Download the form and sample application for divorce

Download forms and samples of applications for divorce (forms 8,9,10)

What causes divorce? If there is a need for divorce through the court, then there must be good reasons for this:

• the emergence of disagreements regarding the division of property;
• presence of a young child;
• reluctance of one of the spouses to apply to the registry office.

First, a lawsuit is drawn up with a request to dissolve the marriage, which sets out reasoned claims against the spouse. This document is then filed with the district court.

What documents are needed for a divorce?

The following documents must be submitted to the judicial authorities: (click to expand)

• application (two copies);
• marriage certificate;
• certificate confirming family composition;
• marriage contract (if available)
• receipt of payment of state duty. 

The court sends a summons to the participants in the divorce proceedings with the date and time of the start of the court hearing. The summons is sent to the place of residence or work of the spouses.

The judge considers the reasons for the divorce and finds out whether the spouses will be able to live together in the future.

If the spouses have no mutual claims, the court will dissolve the marriage. 10 days after the divorce decree is issued, it comes into force. Each spouse receives a copy of the court decision.

If the period appointed by the court has expired, and the parties have not been able to agree and come to a common decision, then the court will dissolve the marriage. At the same time, it is necessary to decide with whom the young children will live and resolve disputes between the spouses, if any.

How to get a unilateral divorce?

If the defendant fails to appear in court for an unexcused reason, then the divorce process can be carried out unilaterally.

The defendant is sent a summons and if he cannot appear in court for a good reason, he must notify the judicial authorities.

In this case, the court hearing is postponed or, in the case of a unilateral decision, cancelled. After this, the divorce process begins again.

Also, the case can be considered unilaterally when one of the spouses is serving a sentence in prison for more than 3 years. This process is carried out by the registry office employees. If there are claims, the case is transferred to court, where a copy of the verdict that has entered into force and information about the place of detention of the spouse is presented.

In the same way, the registry office dissolves a marriage with an incompetent person. To consider the case, you need to document the spouse’s incapacity (provide a court decision).

If a spouse is considered missing, then the divorce is carried out by the registry office unilaterally. If the missing spouse suddenly appears, he is issued a certificate of divorce. In such cases, the law allows the marriage to be restored; for this, both spouses need to submit an appropriate application.

There are several established application forms: (click to expand)

• Form 8 - filled out with mutual consent of the spouses for divorce;
• Form 9 - filled out in case of incapacity or disappearance of one of the spouses, as well as when they are serving a prison term;
• Form 10 - in the presence of children, all sorts of disagreements and reluctance to get a divorce.  

Divorce in the registry office

Divorce in the registry office is a fairly simple procedure, but it is not always possible to carry out. This can be done under the following conditions:

• Mutual desire of the spouses to divorce;
• They do not have young children;
• Absence of any disagreements between spouses.

Both parties fill out a divorce application on Form 8, where they indicate basic information about themselves. After that, they submit it to the regional registry office.

The text of the application must indicate the surname that each spouse will keep after the divorce. Then they submit the document to the regional registry office.

Spouses must personally submit an application to the registry office, which within a month will make a decision on divorce and prepare the appropriate document.

Application for divorce (form 8)

The registry office has the right to dissolve a marriage if both spouses want a divorce and they have no mutual claims against each other. To do this, you must fill out an application in the established form (Form 8) and submit it to the regional registry office. It is also worth noting that at least one of the spouses must be present when submitting documents.

Filling out an application

The application form must include the following information:

• the name of the regional registry office to which the application is being submitted;
• the full initials of both spouses;
• date, place of birth and citizenship;
• nationality (can be specified upon request);
• residential address;
• details of the identity document;
• information about entries in the deed book.

In the lines “to him” or “to her” the surnames that the former spouses will keep for themselves after the divorce are written. Each spouse must sign the completed application for divorce and indicate the current date.

Download application for divorce form 8 (form and sample)

Application for divorce (form 9)

In some situations, one of the spouses may divorce without the presence of the other half. This happens if the other spouse is incapacitated, serves time in prison, or goes missing. An application for divorce in Form 9 is filled out and signed by only one of the spouses, since the other cannot be present.

Before filling out the form, you must have a court order recognizing the second spouse as missing or incompetent. If the second spouse is in prison, then there must be a court verdict on detention.

How to fill out an application on Form 9?

The basis for filling out an application in Form 9 is a court decision or sentence . Filling out the form is as follows:

• in the right corner the full name of the registry office office where documents for divorce are submitted is indicated. Here the applicant indicates his initials in full;
• the text of the application must contain a request for divorce from the second spouse. His initials are also indicated in full;
• Please fill in the details of the divorcing spouses below. The applicant indicates his data and information that he knows about the second spouse;
• paragraph 6 indicates the place of residence of the missing spouse. You can indicate the last one that was known;
• in paragraph 7 you need to indicate the reason for the upcoming divorce. It also provides information about the verdict or court decision and the name of the judicial authority that issued the document;
• clause 8 indicates the details of the applicant’s identity document;
• Clause 9 contains information about the registration of marriage between divorcing spouses.

At the end of the application, the surname that the applicant wishes to keep after the divorce is written. If the applicant is a spouse, then she can leave her husband's surname or return the surname that she had before marriage.

You should also include the following information at the end:

• if the spouse is missing: the initials of the person managing the spouse’s property and his postal address;
• if the spouse is incapacitated: the initials of the guardian and his mailing address;
• if the spouse is serving a sentence in prison: the name and postal address of the institution in which he is detained.

The spouse filing for divorce signs it and indicates the current date on it. Then the application is submitted to the registry office along with a copy of the court decision or sentence.

Download application for divorce form 9 (form and sample)

Application for divorce (form 10)

If divorcing spouses have young children, one of them refuses to get a divorce, or it is necessary to divide jointly acquired property, then the marriage is dissolved with the involvement of the courts.

A claim for divorce is filed by one of the spouses. After considering it, the court issues a verdict on the divorce, the future fate of the children and the amount of alimony, as well as on the division of property.

Only with a court decision in hand can you come to the registry office with an application for divorce, which is filled out in Form 10.

How to fill out an application on Form 10?

This form of application can be filled out by both spouses or by one of them. The applicant's initials and the name of the registry office are indicated in the upper right corner. Before filling out the form, you must provide a decision made by a judicial authority. This information is written under the title of the application.

You should also provide information about both spouses:

• initials in full;
• Date and place of birth;
• citizenship;
• residential address;
• passport details;
• information about the entry in the register book.

At the bottom of the application, the surname that the former spouses want to keep is indicated. After that, they sign the form and put the date.

Download application for divorce form 10 (form and sample)

Statement of claim for divorce

This document is necessary for spouses in cases where a judicial authority is involved in the divorce process. The plaintiff is one of the spouses who files a claim in court. In it, he asks to file a divorce, decide the future fate of the children and resolve disputes over the division of property. The second spouse is the defendant - it is at his place of residence that the application is submitted.

Having considered the case, the court makes a verdict: with whom to leave the children, what the amount of alimony will be and how the division of property will be carried out. After this, an application for divorce is submitted to the registry office.

How to fill out a claim for divorce?

At the top of the form the name of the judicial body where the document is addressed is indicated. Below is written information about the plaintiff and defendant: initials, date of birth and home address.

The form of the application text is free, but it is necessary to reflect such information as:

• reason for divorce;
• information about the child (if any);
• date and place of marriage;
• information about the entry in the register book;
• since when the spouses do not live together (date);
• with whom is it preferable to leave the children?
• wishes regarding the division of property;
• request to collect child support payments.

An appendix is ​​attached to the application, which lists all the documents submitted along with the claim. The applicant signs the claim and submits it to the court along with the attached documents.

Download the statement of claim for divorce

Statement of claim for divorce – download