What documents are needed to file for divorce - what is needed to dissolve a marriage: list and list of documents

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The divorce procedure has legal status and is regulated by the Family Code of the Russian Federation. It is carried out through the district registry office or in the courts.

Those who are facing this difficult and not very pleasant process need to know what documents are needed for a divorce.

Let's look at the nuances of the package of necessary papers for specific cases, find out what the size of the state duty is, and how the divorce procedure itself goes.

How to file for divorce

Official divorce is carried out by two government authorities: the court (district, city, magistrate) and the regional registry office.

In the second institution, a divorce is filed upon mutual desire, on the initiative of one spouse, when the second is declared missing or incompetent, serving a sentence for a crime for more than three years.

Courts consider claims from spouses who have property claims against each other or minor children, when one does not share the desire of the other half to dissolve the marriage.

If there is a child

It matters how old the divorcing spouses’ children are. Minors are one thing, children over 18 years of age are another. In the first situation, only the court is authorized to divorce the spouses.

It doesn’t matter whether the parents came to an agreement on alimony, “separation” of children, etc.

Even if all aspects of life after a divorce are agreed upon, it is necessary to turn to the court of first instance or the world court, and which one specifically, we will consider in more detail.

Minor

It is better for divorcing spouses with minor children to immediately go to the magistrate, even if there are no factors complicating the procedure:

counter or accompanying claim (for divorce, establishing paternity, changing the child’s surname, etc.);
disagreements about the residence of children after divorce;
child support disputes;
property claims.

When the divorce is complicated by moments when the positions of the spouses are contradictory, a claim should be filed in the court of the city (district) in which the applicant (plaintiff) lives. To resolve all controversial issues concerning children, each spouse needs to stock up on supporting and refuting documents that will help in making the right decision.

Adult

When there are adult children in the family, the registry office is authorized to carry out the divorce procedure, but only subject to the mutual consent of the divorcing parties and the absence of property claims.

The application of only one party is accepted when the other spouse is declared missing or incompetent by the court.

In other cases, all issues of divorce in the presence of adult children are resolved only by the court.

What documents are needed

The set of documents required to register a divorce depends on the conditions and location of the procedure.

The package of papers will be minimal during the administrative procedure (through the registry office), and during the trial you will have to collect a lot of additional certificates, extracts from the archive, characteristics, etc.

To insure yourself against possible paperwork complications, make a detailed list of all documents and their copies.

Through the registry office

What is needed for an administrative divorce when both parties want it? Firstly, it is necessary to resolve material disputes by concluding a mutual agreement on the division of family property, and secondly, to collect (fill out) and submit documents and their copies:

standard application;
all copied passport pages;
document on registration, family composition;
property agreement;
marriage contract;
original plus a copy of the certificate;
duty payment receipt.

Through the court

If the husband and wife could not reach a mutual agreement on divorce, property issues, or have children under 18 years of age, an application for divorce to the court is necessary.

It is drawn up by one spouse, the second acts as a defendant. You can find out what mandatory documents are needed for a divorce at the information stands of judicial institutions or on their official websites.

A typical set of required papers includes:

A correctly drafted statement of claim.
Certificate of family composition and registration.
Duty receipts.
Original and copy of the certificate.
Passport with a copy.
Documentary evidence of the weight of the reasons for divorce.
Birth certificates of children (minors).

Unilaterally

When the presence of the second spouse is impossible for compelling reasons, the divorce in the registry office and the court is carried out on the initiative of only one. Then the initiator of the divorce needs to collect a package of documents:

three copies of the application according to the standard form;
receipt of state duty;
marriage certificate plus its copy;
certificates taken at the place of registration of both spouses;
a document confirming the incapacity (other reasons for absence) of the second person getting divorced.

How to apply

An application for divorce can be filed in person or remotely. A written or electronic application is submitted only to regional authorities that provide this service. It is possible to submit a joint or individual (from husband or wife) document in other cities. Let's take a closer look at how to file for divorce in specific cases.

At the registry office

Applications will be accepted here only under certain conditions:

Those who agree to divorce do not have children (minors) or conflicts in property division. The application is drawn up on behalf of both spouses and if they have not changed their minds after a month, they take away the divorce certificate.
One spouse is missing, incapacitated, or the applicant’s husband (wife) has been serving a sentence for a crime for three years. The applicant will be given a divorce stamp immediately.

The application form must be filled in:

full name of the registry office;
Full name of the applicant;
complete data about both spouses (passport, address, etc.);
number and date of marriage certificate;
reason for divorce;
surnames that spouses will receive after divorce;
date of application;
applicant's signature.

To court

Before writing an application for divorce, it is advisable to find out which judicial authority to apply to. In case of material disputes between spouses (the value of property is above 50 thousand rubles) and the need to establish paternity, go to the district (city) court. In all other cases, the application will be considered by the magistrate. This is a standard document, a sample of which is presented on the information boards of the courts. The statement of claim must indicate the following:

full name of the court;
Full name of the applicant;
complete data about both spouses (passport, address, contact, etc.);
number and date of marriage certificate;
the reason why the marriage is annulled;
information relating to children and their upbringing (maintenance);
list of witnesses in favor of the plaintiff;
evidence confirming the truth of the reasons;
list of attached documents;
date of application;
applicant's signature.

In another city

The possibility of submitting a standard application to the court or the registry office remains when one of the married couple lives in another city. But there are some nuances here:

In the absence of children under 18 years of age, property and other claims - divorce through the registry office. The application must be submitted jointly or by proxy, at the place of residence or marriage registration.
Divorce through the court at the defendant’s place of residence. If it is unknown, then at the address of its last registration or location of real estate.
Through the court at the applicant’s place of residence. This option is possible when children under 18 years of age live with the plaintiff, or he is unable to move.

Through the Internet

Previously, it was possible to submit an application remotely on the official State Services portal. Now an application via the Internet is submitted only on the websites of specialized institutions (courts, registry offices), where this function is provided. Another option is to use the services of a firm specializing in divorce proceedings and fill out an application on their website. How to do it? Need to:

Find a company in your region.
Register on its official website (write personal data, passport details, phone number and insurance certificate, email).
Fill out the online standard application form.
After checking the data, confirm your identity (electronic signature, bank card, etc.).

State duty amount

The tax is levied for the services of government agencies in divorce proceedings. At the end of 2015, its amount per filed claim was:

without mutual claims – 600 rubles;
divorce and division of property – 600 rubles plus 4% of its value.

According to the Tax Code, the fee for the application and certificate is:

with mutual consent - 650 rubles per husband and wife;
in case of divorce by court decision - 650 rubles from each;
with recognition of loss, incapacity or due to imprisonment of one spouse - 350 rubles.

Last year, the media excited the population with information about an increase in the state fee for divorce to 30 thousand rubles. This cost was provided for in the new bill, which was not adopted.

Therefore, until changes are made to the Tax Code of the Russian Federation, the amount of the divorce fee remains the same. Claimants who are disabled are exempt from paying it.

If you divorce, you will not have to pay money for applications and claims:

about alimony;
protection of children's rights;
appealing court decisions.

Divorce procedure

The fastest divorce procedure is through the registry office by mutual agreement. After the second visit, the spouses become legally free and independent of each other.

Couples are quickly divorced when one spouse has served a prison sentence for more than three years, has disappeared, or is incapacitated.

In other cases, court proceedings last longer, are regulated by Article 18 of the Family Code, and take place in several stages:

collection of documents;
filing a claim;
holding a court hearing or several;
making a court decision;
obtaining a divorce certificate.

The divorce procedure does not always end positively; often the court refuses to dissolve the marriage. For example, without the woman’s desire to divorce, the husband’s claim will not be satisfied if the wife is pregnant or the family has a child under one year old. Other points and nuances of a specific situation cannot become a reason for refusal, but can easily serve as a reason for setting a deadline for reconciliation of the spouses.

Video about filing a divorce

Would you like to learn first-hand about the criteria for delimiting the jurisdiction of divorce proceedings? Watch an interview with a lawyer specializing in these issues.

Find out what documents need to be provided for a divorce, what copies must be certified, and what the judge may additionally require.

Listen to the opinion of a practitioner about the features and differences of processes through the registry office and the court, about the necessary actions of the plaintiff and the defendant.

List of documents

What documents are needed for divorce

Divorce proceedings

How to get a divorce through the registry office and court? Divorce procedure.

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What documents are needed to obtain a divorce?

The divorce procedure is a difficult and unpleasant matter. The situation is complicated by the fact that most spouses have no idea how this process works and what needs to be done. If you want to get a divorce, this article will help smooth out all the rough edges of this action and explain what documents are needed for a divorce.

If you decide to prepare the documents necessary for divorce yourself

Cases often arise when spouses want to dissolve their marriage without involving outsiders. In this case, you will need to consider the following nuances:

When collecting the papers required for the divorce process, pay attention to in which cases original documents are needed, and in which cases it is possible to get by only with their copies. This will allow you to avoid delaying an already not very pleasant procedure;
During a divorce, especially if it is carried out through the court, it may be necessary to collect additional papers that are not included in the general list.

Lists of documents that are required for almost all cases will be provided below for your review.

Where to file documents for divorce?

Before collecting the package of documents necessary to initiate the divorce procedure, spouses need to decide where this process will be carried out. They have the following options at their disposal:

contact the registry office;
go to court;
file for divorce using the State Services website.

The first method is the fastest and most painless, which cannot be said about divorces that are carried out in court.

Typically, a divorce involving the court occurs when there is a serious conflict in the family and it is impossible to resolve differences in any other way.

The third of the presented options is essentially the same as divorce through the registry office. The only difference is that you will not need to be personally present to submit your application.

If the husband and wife agree to divorce

In this case, the registry office is best suited for filing a divorce. In addition to general consent, the spouses will need to meet two more conditions:

they should not have disputes related to the division of property;
the family should not have children under the age of majority.

If these conditions are met in full, your divorce will be the least painful and in the shortest possible time. All you need is to collect the necessary documents, submit an application and pay the state fee.

If there are no minor children, but one of the spouses does not want to dissolve the marriage

If such a situation arises, you will have to get a divorce in court. Spouses will have a choice of where to apply:

magistrate's Court;
district court.

You can apply to the magistrate's court in a situation where the spouses do not have minor children, and the estimated value of jointly acquired property does not exceed 50 thousand rubles. The remaining cases will be dealt with by the district or city court.

The court's decision will depend on many factors, including the reasons why one or another spouse wants a divorce.

If the judge decides that the marriage can still be saved, he has the right to allocate a certain period for the possibility of reconciliation.

Note! In such cases, if you want to finish the case faster, it is better to rely on the help of experienced lawyers who will help you draw up a list of claims competently and convincingly.

The residential address and the registered address of the defendant or plaintiff do not match

A divorce carried out not at the registration address, but taking into account the defendant’s place of residence, is possible in the following cases:

spouses live separately from each other, but in the same city or locality;
spouses are in different cities;
when a husband or wife who wants to divorce fills out all the necessary documents, notarizes them and sends them by mail to the required address.

The exception is those cases when the husband or wife cannot move due to health reasons. In this case, divorce must be done exclusively at the place of registration, in the registry office or in court.

Where to get a divorce if there is no information about the defendant’s place of residence

To solve this problem, there are two scenarios:

spouse disappeared more than 1 year ago;
The husband disappeared less than 1 year ago.

In the first case, the action algorithm should be as follows:

It is necessary to obtain a court decision that the spouse is missing.
Submit an application to the registry office.
After 1 month from the date of filing the application, pick up the divorce certificate.

In the second case, the spouse needs to do the following:

File for divorce in the magistrate's court at the last place of residence of the disappeared spouse.
Next, you need to wait for the time allotted by the state to submit a response to your application. After this period, the court must make a decision on divorce and send an extract from this decision to the registry office within three days.
Next, you need to visit the registry office and receive a document on divorce.

Important! Do not forget about paying the state fee required for the divorce procedure. Otherwise, you will not receive the document you need.

Documents required for divorce

When getting a divorce through the registry office, you need to prepare the following documents:

an application for divorce, which will be certified by both spouses;
ID card of wife and husband;
document confirming marriage registration;
a check or other document that will serve as proof of payment of the state duty required in such cases.

For those who resolve this issue in court, you will need the following package of documents:

fill out an application containing a request for dissolution of marriage;
original documents confirming the identity of the spouses;
if the family has children who have not reached the age of majority, you must present copies of their birth certificates;
document confirming family composition;
certificate of registration of your marriage. Original document required;
a receipt indicating payment of the required government fee.

Get detailed advice on the documents required for divorce

Advice on the list of documents required to file an application for divorce can be obtained from lawyers who deal with issues related to family disputes. In addition, you can seek such information on the Government Services website, in the appropriate tab, or read an article on our website.

Note! No one forbids dealing with these issues on their own, but those citizens who have used the services of qualified specialists from the very beginning have the opportunity to obtain a divorce certificate quickly and without headaches.

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Documents for divorce through court

The divorce process begins with collecting the necessary documents, preparing copies and organizing important evidence. Some documents are submitted only in originals, others require notarized approval, and others can be used as copies. What documents are needed for a divorce through the court depends on the number of related issues being resolved.

List of necessary documents for divorce in court

Conditionally provided documents can be divided into 2 groups:

mandatory, necessary when filing a claim for divorce in any case;
special, required only in exceptional circumstances.

The first category (mandatory) will include:

statement of claim;
receipt of payment of state duty;
applicant's passport;
defendant's passport;
marriage registration certificate.

Statement of claim

The rules for filing a petition are provided for in the articles of the Civil Procedure Code, which establishes that the plaintiff must prepare as many originals of the petition as the number of main participants will be present during the court hearing. These include:

judge;
spouses;
lawyers;
guardianship and trusteeship authorities;
prosecutor.

The content of the statement of claim must include the following blocks of information:

name of the court to which the appeals are submitted;
personal information of the plaintiff and defendant;
name of the document (statement of claim for termination of marriage);
date and city of drawing up the appeal;
introductory part, which outlines the conditions for registration and termination of marriage;
the birth of children in marriage, the acquisition of joint property;
displaying the desire to end the union, indicating the reasons for the divorce (there is no need to describe the reasons in detail, but the period allotted for reconciliation of the participants will depend on the indication of the circumstances);
a detailed description of the issues of further education of each child;
clarification of the procedure for dividing property;
indication of information about the preparation of a settlement agreement or its absence;
link to the articles on the basis of which participants act;
legal requirements (end the marriage, assign alimony, divide property, approve a schedule of communication with children);
inventory of attached materials (evidence is stapled and numbered);
date of signing the claim, signature and full name of the participant.

Sample statement of claim:
What documents are needed to file for divorce - What is needed for divorce: list and list of documents

Statement of claim for divorce – download

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Amount of state duty before submitting documents

Payment of state duty (in rubles):

650 – from the plaintiff for accepting the claim;
150 – consideration of issues regarding alimony;
fixed percentage of the property claim.

The state fee for a divorce is paid by both spouses. Depending on the additional requirements in the claim (alimony, division of property, etc.), the state fee is paid by the plaintiff, but subsequently the amount can be recovered from the defendant.

Form for payment of state fees for divorce in court – download

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Documents for divorce in court when consolidating claims

You have familiarized yourself with the main list of documents, but during the consideration of the case, the court, depending on the situation, may require an additional list of documents, which you will learn about below.

Documents if the spouse does not agree to divorce

Regardless of the spouse’s consent to divorce, the list of documents will be the same. The only difference is that the defendant has the right to file counterclaims.

In a counter-petition, a person indicates the grounds for challenging the divorce.

Depending on the stated reason, the court will decide on the duration of the conciliation period, which can range from 1 to 3 months.

Divorce documents if there are children

Table No. 2 “List of documents for divorce through court with children”

Issues covered
List of required documents

Establishing child custody	characteristics for each parent from the place of work, from neighbors, relatives/friends; medical certificate of each parent, excluding diseases that interfere with raising the child
Determining children's residential address	certificate from the guardianship and trusteeship authorities from the place of residence of the mother and father; written permission from the property owner to register a child in the apartment
Adopting a parent-child communication schedule	a certificate from the child’s place of study, as well as from each extracurricular activity to confirm the children’s employment; a certificate from the place of work of the parent living separately, confirming free time for mutual meetings; a written settlement agreement, if the parents managed to agree on the time of communication and places of joint recreation
Assignment of alimony obligations	certificate from the place of work of the father and mother; income certificate for each parent; financial documents confirming the costs of the child; documents indicating additional income of a separate parent (commercial lease agreement, profit received under an intellectual property agreement); medical certificate (if the child is disabled); on the part of the defendant - papers confirming the grounds for reducing the amount of alimony obligations
Appointment of alimony for ex-spouse	gynecologist's certificate about the woman's pregnancy; document confirming the birth of a child under 1 year of age; court decision on the adoption of an infant under 12 months
Age of children 16-18 years old, cancellation of adoption in relation to one of the spouses, cancellation of paternity	Spouses will be treated as having no common minor children if the child received full legal capacity at the age of 16 in the process of emancipation (marriage registration, full-time employment, registration of individual entrepreneurs). Supporting documents: child's marriage certificate; certificate from the Unified State Register of Legal Entities on individual entrepreneur registration; certificate from the children’s place of work; employment history; child's income certificate. If paternity has been annulled or the court decision on adoption has been canceled, then the parent completely loses mutual rights and obligations with the child, therefore issues of custody/upbringing/monetary support will not be considered during the divorce. Confirmation: a court decision on the abolition of paternity that has entered into legal force; court verdict to annul adoption

Documents for divorce and division of property

Not all property is recognized as community property and is subject to division during divorce. The following features of the consideration of a property dispute must be taken into account:

Property acquired before marriage, personal belongings of the spouses and the property of the child will not be divided. Items received after the wedding by one of the partners in non-cash transactions (donation, inheritance) cannot be divided. Such values are not included in the statement of claim and are not assessed.
The plaintiff is required to draw up a list of material assets that need to be divided during the divorce. Not all objects may be indicated, but only those that are of interest to the applicant.
The amount of the state duty depends on the price of the property claim. Each spouse will have to pay money depending on the share received.

This is also important to know: Restoring a marriage in the event of a spouse’s appearance

Along with the statement of claim, the plaintiff must submit:

list of material goods;
separate conclusions of the appraisal examination in relation to each object, establishing the value of the property;
technical documents on valuables;
title documents for property.

Unilateral divorce documents

The list of documents will not differ from the main one. The interested spouse must file a claim in court if the other partner is against the divorce. In this situation, it is imperative to send a copy of the claim to the defendant who does not want a divorce. The right to initiate divorce unilaterally is guaranteed by the Constitution of Russia.

The procedure for filing divorce documents in court

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An interested party wishing to end a marriage goes through the following stages of the process:

preparation of necessary documents;
drawing up a claim (on your own, with the help of a specialized lawyer);
sending a copy of the petition and attached documents to the defendant (by registered mail, confirming the fact of delivery of a copy of the statement of claim);
receiving a receipt confirming the filing of the claim;
transfer of materials to the court (in a convenient way);
receiving confirmation that the application has been accepted for consideration (in case of personal transfer, an employee of the court office gives the applicant a receipt of the claim);
waiting to be called to the first meeting.

At this stage, the applicant may face a refusal to accept the application. The law defines the following legal reasons for refusal to consider an application:

violation of rules of jurisdiction;
submission of an incomplete package of documents;
violation of the claim form;
preparation of an application by an unauthorized person.

Which court should I file my documents in?

The following legal acts deal with the legal regulation of issues of termination of marriage in court:

Family Code (rights and obligations of participants in a divorce);
Tax Code (amount of state duty);
Civil Code (resolution of property issues);
Civil Procedure Code (procedure for filing a claim, requirements for a petition, jurisdiction);
Federal Law “On Civil Registry Office” (further transfer of the claim to the civil registry office for the production of a divorce certificate);
Government Decree No. 15 (peculiarities of termination of a marriage with children and in the presence of a property dispute);
Federal Law of 2011 “On courts of general jurisdiction” (jurisdiction, procedure for consideration of issues, reasons for refusal to accept a statement of claim).

The task of legislation is to establish universal and fair rules for the protection of violated interests in court for the entire population.

Table No. 1 “Jurisdiction of divorce cases”

Conditions
District Court
Magistrate's Court

Consent of spouses	Unilaterally or by mutual consent	When the partners mutually decide to divorce
Joint property	Resolution of material disputes if the value of the claim is above 50 thousand rubles	Division of property with a total value of up to 50 thousand rubles
Minor children	There are and are emerging disputes regarding the upbringing and maintenance of a common child	Disputes about children are settled by drawing up a settlement agreement with a notary

This is also important to know: How to divorce a citizen of Ukraine?
If the magistrate’s court began considering the claim, but a conflict arose between the participants in the process, then the case is transferred for jurisdiction to the nearest district court of general jurisdiction.

The Code of Civil Procedure stipulates that all petitions must be sent for consideration to the court located at the defendant’s residence address. Consideration of the dispute at the plaintiff’s place of residence is possible under the following circumstances:

the applicant has a young child or is in the care of an incapacitated relative;
the plaintiff has a disease that prevents him from traveling between cities to resolve the dispute;
The defendant's residential address is unknown.

You can read more about the jurisdiction of cases upon divorce here.

Methods for submitting documents

Available methods for submitting an application:

The most convenient way is for the interested party to personally apply to the court. The citizen brings to the office of the institution the original of the claim and its copy, on which the employee signs and the date of receipt of the statement of claim.
Involvement in the procedure of a representative acting under a notarized power of attorney. The power of attorney contains the scope of powers of the person involved and the validity period of the permitting documents.
Russian Post offers clients the opportunity to send valuable letters with a list of attachments. This way you can submit a statement of claim to the court demanding an end to the marriage. Be sure to include a contact phone number in the application to facilitate communication between participants.
The Internet will not help initiate a legal divorce. Some federal courts have already activated the ability to accept applications by mail. For this purpose, you need to go to the website with a list of existing authorities, select the desired court and familiarize yourself with the email address.

Remote access allows users to submit an application for divorce to the registry office directly or after the relevant court verdict has entered into legal force.

Application processing time

Deadlines established by the Code of Civil Procedure:

3 days – from the receipt of the claim until the appointment of the responsible judge;
30 days – from the date of appointment of the judge to the first meeting;
1-3 months – reconciliation period;
1 month – entry into legal force of the final decision;
10 days – obtaining a divorce certificate from the civil registry office after the court verdict is passed.

Learn more about the timing of divorce in court.

Obtaining a divorce certificate

The marriage is considered terminated from the day the judge’s decision enters into legal force. But former spouses need to confirm the divorce with a certificate. According to the Federal Law “On Civil Registry Offices”, only civil registry authorities are authorized to issue such certificates. The court transmits the verdict to the territorial registry office for entering the data into the registration book.

Lawyer's answers to questions about divorce documents

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How to get a divorce if your spouse does not give you a marriage registration certificate?

Instead of a certificate, you can use a duplicate document or a registry office certificate of marriage. A husband, wife, guardian, legal representative, or authorized representative may receive such a document upon their own request. To do this, you need to contact the registry office and pay the state fee (650 rubles, the same as the cost of the original).

Conclusion

Divorce through the court takes up to six months, depending on the conflict between the parties and the number of issues being resolved. The decision can be appealed within 30 days (before it enters into legal force). You won't be able to change the verdict afterwards.

It is important to know!

Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
We carefully monitor changes in legislation and try to make changes in a timely manner, but this does not always happen quickly.

Therefore, 24-hour legal assistance on any issues is available to you FREE OF CHARGE! Ask your question right now!

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What documents are needed for divorce

What documents are needed to file for divorce - What is needed for divorce: list and list of documents By the way: Do you know about our “Stress-Free Divorce” service? More details

original marriage certificate;
passport;
a receipt confirming that you paid the state fee in the amount of 650 rubles for each spouse.
An application for divorce from the second spouse, including one certified by a notary: if he is unable to come to the registry office.
A copy of the court decision or court sentence: if the divorce through the registry office is carried out unilaterally and without taking into account the opinion of the spouse who is declared incompetent by the court, missing or serving a sentence in prison for more than 3 years.

The collected documents are submitted to the civil registry office at the place where the marriage was concluded or at the place of residence of one of the spouses. To submit documents, the personal appearance of at least one of the spouses is required, while the other has the right not to be present during the divorce procedure, but only if he has no objections.

In a number of regions, filing documents for divorce through Gosuslugi.ru is allowed, which will save the applicant from the need to once again visit the civil registry office.

List of documents required to file an application for divorce in court

Application for divorce;
Original receipt with state duty;
A copy of the applicant's passport;
A copy of marriage certificates, birth certificates of children;
Information about the actual place of residence of spouses and children (copies of the house register, certificate of residence, etc.);

Important: all documents, except the receipt for the state fee, must be attached in two copies - to be sent to the defendant.

But this list is supplemented by other documents if, for example, there is a dispute about property:

a list of everything acquired jointly;
certificates of spouses' earnings;
documents on ownership of each item - registration certificates, receipts for the purchase of items, etc.

If there are disputes about the division of property, the applicant has two ways to initiate a resolution of the property issue:

a single claim, which will include demands for both termination and division of property;
two separate sequential claims, the second after the first was decided.

When the issue of children is additionally decided, it is necessary to supplement the set of documents with copies of their birth certificates, various certificates, characteristics and other documents justifying the need to leave the child with you and not with the second spouse. Also added to the claims is another one regarding the assignment of alimony, which, as in the case of property, can be included in the general claim or separated from it.

Where to file documents for divorce through court?

The package of documents is submitted to the judicial authority at the place of residence of the defendant spouse, however, it can be submitted to the judicial authority at the place of residence of the plaintiff if common children from the marriage live with him.

Documents are submitted to the magistrate's court in the following cases:

If one of the spouses objects to the divorce or does not appear at the registry office for an administrative divorce.
If there are minor children from the marriage and there is no dispute about the children;
With a simultaneous requirement for the division of property in the amount of less than 50,000 rubles for each of the spouses.

Documents are submitted to the district court in all other cases, including:

Documents can be submitted either in person, through the court reception, or sent by registered mail. The court, having checked the compliance of the documents with the requirements of Art. 131-132 of the Code of Civil Procedure of the Russian Federation either accepts them for production or leaves them without movement, sending an appropriate determination and proposing to eliminate the identified deficiencies in the design or content of the documents.

Documents for divorce through court

It should be noted that spouses can also register a divorce through the registry office. Two conditions must be met simultaneously. The spouses do not have common minor children and both expressed their consent to divorce. Only in this case, a divorce is formalized in the registry office, by jointly filing an application.

After one month has passed, from the date of filing a joint application, the marriage is dissolved and the former spouses receive a certificate of divorce.

The divorce procedure is more difficult if the spouses have common minor children, or the other spouse objects to the dissolution of the marriage, or avoids voluntarily visiting the registry office.

In this case, it is necessary to apply to the court with a statement of claim.

Here is a list of divorce documents that you will need when going to court:

— First of all, you will need a marriage certificate. If you do not have the original of the specified document, then you need to obtain a duplicate from the civil registry office.
— If you have common minor children, then the original or duplicate of the children’s birth certificate, or a copy certified by a notary, is attached to the statement of claim.
— Pay a state fee of 600 rubles. The receipt of payment must be attached to the statement of claim.
— If you and your spouse are registered at the same address, then an extract from the house register or a copy of the financial personal account is attached to the claim. This confirms the place of registration of the defendant and determines the jurisdiction of the case.

Above we have provided a list of documents only for the divorce process through the court. If, at the same time as the divorce, you want to collect alimony, divide property or determine the child’s place of residence, then the required volume of documents increases significantly. Everything is individual; the list of documents in each individual case depends on the essence of the process, objections and requirements of the parties.

The procedure for dividing property between spouses is a rather lengthy and troublesome process. Cases of this kind are heard not in magistrates' courts, but in district courts.

It is necessary to collect title documents for real estate objects, confirm monetary investments (if any) on the part of the spouses, in case of departure from equality of shares.

At this stage, it is highly advisable to involve experienced lawyers who thoroughly know the sequence and order of actions.

Legal assistance

for divorce: +7(495)789-60-22

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Divorce documents

Divorce documents are information about facts, recorded in paper form, that are important in the case of divorce. Such information includes: information about the moment, place, authority registering the marriage; data of spouses; information about common children; information about property acquired during the marriage.

What documents are needed for divorce?

The list of documents for divorce depends on the method of divorce. There are two options for divorce:

divorce through the registry office . This method is possible if the spouses do not have common minor children and they both agree to end the marriage relationship;
divorce through court . Divorce through the court is carried out if there are common children, one of the spouses does not agree to divorce, avoids appearing at the registry office and in other cases.

Documents for divorce through the registry office

To divorce a marriage through the registry office, you must have the following documents:

passport;
marriage certificate;
application for divorce through the registry office in form No. 8;
receipt of payment of state duty.

An application form for divorce can be obtained from the registry office.

Submitting documents for divorce through the registry office

Submission of documents on divorce to the registry office is carried out personally by the applicants. If one of the spouses cannot be present when submitting documents, he can have his application certified by a notary and give it to the other spouse. If one of the spouses is in prison, the application must be certified by the head of the institution.

The State Services portal significantly simplifies the divorce process. On it you can fill out the necessary form, enter the required details of the above documents, sign up for the queue, and then come to the registry office and register the termination of the marriage. When registering via the Internet, you must also bring documents from the above list to the registry office.

Documents for divorce through court

The list of documents for divorce in court depends on the requirements of the plaintiff.

If the plaintiff only asks for a divorce, then the list of such documents is not very large; if the issue of division of property is raised, then the package of documents increases; if an application is submitted to determine the order of communication with the child and his place of residence, then the list of documents increases multiple times. The more requirements, the more documents you need to attach.

List of documents for divorce:

If there are demands for alimony, you must additionally attach:

birth certificate of the child(ren);
an extract from the house register about the place of residence of the children;
parents' income certificate;
receipt of payment of the state duty for the collection of alimony.

In case of filing claims for the division of common property, the following shall be attached to the claim, in addition to the above documents:

title documents for common property;
documents confirming that the disputed property is the personal property of one of the spouses due to: donation, receipt by inheritance, etc.
a document confirming payment of the state duty for the division of the common property of the spouses.
The list of documents is open and depends on the specific situation.

If, in parallel with the demand for divorce, the plaintiff wants to divide common property worth more than 50,000 rubles, then the statement of claim must be filed in the district court. This rule also applies if spouses have a dispute about children, as well as if paternity is disputed. In other cases, the statement of claim is filed in the magistrate's court.

As a general rule, a claim for divorce is filed with the court at the place of residence of the defendant, but there are exceptions when the claim can be filed with the court at the place of residence of the plaintiff:

common minor children live with the plaintiff;
For health reasons, the plaintiff cannot go to court at the defendant’s place of residence.

Filing documents for divorce through court

Divorce documents are submitted to the court in two copies: one for the court, the second for the defendant.

There are several ways to file divorce documents in court:

by personal submission. In this case, we recommend that the plaintiff find out the court’s opening hours in advance, make a statement of claim in three copies, and mark the third one as “incoming” of the court.
sending documents to court via mail. When sending documents to the court via mail, it is necessary to make an inventory of the attachment indicating all the attached documents, as well as fill out a notification of delivery. These documents will serve as evidence that a specific list of documents was sent to the court.