Claim for divorce and division of property - statement of claim for divorce and division of property (sample) 2023

Divorce is the termination of family relations between living spouses if the continuation of their life together is impossible. To dissolve a family union through the court, one of the parties to the marriage relationship is required to file a corresponding statement of claim.

First you need to choose the right jurisdiction - i.e. make the right choice between the magistrate and district courts. After this, you will need to pay the state fee for the claim.

According to statistics, a greater number of divorces are carried out in courts , since family relationships are often associated with the presence of children in couples, as well as disputes over the ownership of property.

In what cases is a marriage dissolved in court?

The grounds for divorce in court are regulated by Art. 21 of the Family Code of the Russian Federation. These include:

• disagreement with the divorce of one of the spouses, even if the couple does not have common children and a dispute over property;
• a common minor child in the family , even in the absence of a controversial issue about his further residence, maintenance, or order of communication;
• resolving the issue of division of jointly acquired movable and immovable property, regardless of its volume and value.

The presence of the above grounds requires one of the parties to file a claim in court for divorce .

It should be noted that in the absence of the consent of a pregnant wife or a spouse raising a joint child under one year of age, the court will not accept a claim for divorce from her husband, since the legislation imposes a legal restriction on the consideration of such a case (Article 17 of the RF IC).

In such a situation, the applicant spouse must wait until the child reaches one year of age and re-file the claim in court if the desire to divorce remains valid.

How to determine the jurisdiction of a claim for divorce?

As noted above, “jurisdiction” refers to the determination of the court to which a particular case is to be considered.

Divorce cases can be heard in two courts :

1. IN global court (Article 23 of the Code of Civil Procedure of the Russian Federation), if:
   • the couple has no children and does not share joint property, but one of the spouses does not agree with the divorce;
   • the family has common children and property, but there is no controversial issue about them;
   • the controversial issue of property, the value of which does not exceed 50,000 rubles, is resolved;
   • it is necessary to establish alimony obligations (Article 80 of the RF IC).
2. The claim is submitted to district (regional, city) court when:
   • simultaneously with the divorce, the property of the spouses is divided in a value exceeding 50,000 rubles;
   • In addition to divorce, there are controversial issues regarding minor children:
     • determining the child’s place of residence after the parents’ divorce (with the father or mother, according to Article 65 of the RF IC);
     • determining a schedule of communication with a child by a parent living separately (Article 66 of the RF IC) and so on.

If the plaintiff files an application, ignoring the rules of jurisdiction of the claim, it will be returned to the applicant without consideration until the identified violation is eliminated.

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It should also be noted that a claim for divorce is endowed with the rule of alternative jurisdiction : the applicant has the right to file a claim in the magistrate or district court both at his place of residence and at the place of residence of the defendant, if the plaintiff’s health does not allow him to come to court at his place of residence the defendant, as well as if children live with him (part 4 of article 29 of the Code of Civil Procedure of the Russian Federation).

How to correctly draw up a statement of claim to the court for divorce (sample)

A statement of claim for divorce is drawn up in accordance with Art. 131 Code of Civil Procedure of the Russian Federation. The main components of the claim are:

1. Address part, containing:
   • • name of the court and its address;
     • Full name, address and contact telephone number of the plaintiff in the nominative case;
     • similar information about the defendant;

   If the plaintiff uses the services of a representative, his data, as well as details of the notarized power of attorney, are indicated in the address part.

   • • information about the participation of third parties in the case (name of the third party and location address).

   Banks, guardianship and trusteeship authorities may be involved in the case by third parties if, in addition to divorce, the court resolves issues of division of property (for example, mortgage), or disagreements regarding children.

2. Content statement of claim:
   • information about the conclusion of a family union;
   • presence or absence of children in marriage;
   • reason for divorce;
   • controversial issues with the spouse accompanying the divorce (about common children and (or) property).
3. Requirements statement of claim:
   • • divorce;
     • resolution of controversial issues (if any).

   The claims must necessarily contain references to legislation regulating the issues raised to the court.

4. Attached documentation (prepared in copies according to the number of persons declared to participate in the case):
   • statement of claim;
   • a copy of the plaintiff's passport;
   • a copy of the marriage certificate; The marriage certificate is a mandatory document attached to the claim. However, sometimes situations arise that the applicant does not have it, since when registering a marriage it is issued only in one copy. In this case, before filing a claim, you must obtain a duplicate of this document by contacting the registry office. Obtaining a duplicate will cost the applicant 350 rubles.
   • copies of children's birth certificates;
   • documents confirming the existence of joint property (agreements, certificates, acts), if the claim specifies a requirement for its division;
   • documents necessary for the assignment of alimony (salary certificates, receipts or checks for housing expenses, purchases for the child, etc.) - if the claim is burdened with the assignment of alimony support;
   • receipt of payment of state duty.
5. The statement of claim ends with the date and signature of the plaintiff.

Sample statement of claim for divorce and division of property

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Sample statement of claim for divorce and alimony

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How much is the state fee for divorce in 2023 through the court?

Correct determination of the amount of the state fee will help the plaintiff avoid leaving the statement of claim without progress until the payment violation is eliminated.

The amount of the state duty directly depends on what claim the plaintiff makes to the court:

1. When considering a divorce that does not involve division of property, the cost of the state fee is 600 rubles. (clause 5, part 1, article 333.19 of the Tax Code of the Russian Federation).
2. If the claim raises the question of ownership of the spouses’ property, the fee is paid separately:
   • for divorce - 600 rubles;
   • for division of property - according to the value of the property being divided (clause 12, part 1, article 333.20 of the Tax Code of the Russian Federation).

At the same time, the state duty for the division of property at its minimum reaches 400 rubles, and at its maximum it will cost the plaintiff 60,000 rubles. (but not more).

When calculating the correct amount of state duty, the plaintiff should refer to clause 1, part 1, art. 333.19 of the Tax Code of the Russian Federation, which approves the payment procedure depending on the valuation of the divisible property (in other words, the “claim price”):

Cost of claim (RUB)State duty amount

up to 20,000	4% of the cost of the claim is paid, but not less than 400 rubles.
from 20,001 to 100 thousand	800 rubles + 3% if the amount is over 20,000
from 100,001 to 200 thousand	3,200 rubles + 2% of the amount exceeding 100 thousand.
from 200,001 to 1 million	5,200 rubles + 1% if the cost of the claim is over 200 thousand.
more than 1 million	13,200 rubles + 0.5% of the amount exceeding 1 million, but not more than 60,000

Naturally, the amount of the fee for property division may turn out to be a serious investment for the plaintiff, which is why tax legislation provides for the possibility of installments of the amount required to be paid in accordance with Art. 333.41 Tax Code of the Russian Federation. When granting a deferment (installment plan) of the state duty, interest on it is not accrued for the entire period.

It should be borne in mind that after the court decision enters into force, each spouse will need to obtain their own copy of the divorce certificate. Each party will be required to pay a fee to the registry office equal to 650 rubles.

Application for divorce with division of property between spouses

Application for divorce with division of property between spousesAverage rating 5 from 1 users

When writing a statement of claim for divorce and division of property in 2023, compliance with the rules and regulations set out in the Code of Civil Procedure of the Russian Federation is required.

In addition, the plaintiff needs to familiarize himself with the articles of the RF IC on the common property of spouses, and with a number of articles of the RF Tax Code to calculate the state duty. Also, during the court hearing, certain federal laws and regulations may be required.

These may be Federal Laws on military mortgages or maternity capital, as well as the charters of credit institutions.

How to draw up a claim correctly

Drawing up a statement of claim for divorce and division of joint property, like any important document, is subject to the rules of office work. This means that when writing text you must adhere to a business style and not use profanity or colloquial expressions. It is advisable to consult a lawyer to write it correctly.

First of all, spouses need to decide whether they want to combine two procedures when considering one claim. A husband and wife have the right to divorce not only by court decision, but also through the registry office. True, to implement this option, they should not have minor children together and it is necessary that both agree to the divorce.

When filing an application for divorce and division of property in 2023, you must also take into account that the process itself will take at least three months. Plus, it will take another 30 days for the court decision to enter into legal force. Those. the minimum period is four months. Therefore, if necessary, a number of couples can file separate claims for divorce and separation.

How should property be divided? If there are any controversial issues, they should be identified in advance and the evidence base prepared. For example, one of the spouses has their own real estate, but the second believes that he has the right to claim part of it.

This means that all documents that can confirm the legitimacy of the plaintiff’s claims should be established.

• Then you should decide on the court to which the claim for divorce and division of property will be filed.
• To draw up a claim, the plaintiff must thoroughly identify all the property that must be subject to division in order to indicate them in the claim.

To clearly and correctly compose the text, you need to determine the composition of the claim, its cost and your own requirements.

If the price range for divisible property causes a dispute between spouses, then the plaintiff will have to contact independent appraisers to determine the value, who will conduct an examination and draw up an act determining the average cost of the divisible property.

When assessing one’s own claims, indicating in the claim what the plaintiff wants to receive as property and what to leave to the spouse, one should take into account the principle of equality of shares. This is what most judges adhere to, because... according to Art. 38 of the RF IC, spouses have equal rights when dividing joint property.

It should also be understood that not all claims can be met and, perhaps, the judge will side with the defendant when making a decision. For example, if a couple shares a car and the plaintiff does not have a driver’s license, then the car will go to the defendant, etc.

If we are talking about the division of real estate in which a married couple lives, then the court will almost certainly determine the shares in the apartment and will not make a decision on eviction. Actual partition in such a situation occurs, but it is rare.

Sample statement of claim for divorce and division of marital property

If a citizen has to draw up a statement of claim on his own, he must first become familiar with the general requirements for claims. They are set out in Art. 131-132 Code of Civil Procedure of the Russian Federation.

A sample statement of claim for divorce and division of property can be viewed and downloaded if necessary on our website.

Filling rules

A claim for divorce and division of property in 2023 is drawn up according to the general rules defined for civil disputes. This means that the document must contain the following information:

• the name of the court to which the application is submitted and its address;
• Title of the document;
• basic passport data of the plaintiff and defendant (full name, addresses of residence and permanent registration, series, number and date of issue);
• basic information about all parties involved in the process. These may be the couple's minor children, as well as a judicial representative. Here you should also enter your passport details, and if you don’t have one, your birth certificate;
• the cost of the claim. It is made up of the sum of all the values ​​of the property being divided. The calculation must be made, because... the value received determines the amount of the state duty and the distribution of shares between spouses;
• the amount of the state duty paid;
• information about the marriage (date and place of registration);
• information about the defendant’s consent to divorce. In the absence of this, a general reason should be presented why the plaintiff does not want to continue the marital relationship. There is no need to give a detailed description. Only a couple of general statements are needed;
• determination of the place of future residence of minor children and an indication of the presence or absence of agreement on this issue with the defendant;
• a list of joint property that is subject to division (each object should be identified);
• an indication of what the plaintiff sees as an infringement of his property rights;
• general information about personal property that belongs to the husband, wife and their children and is not subject to division;
• data on existing general accounts payable (when the loan was taken out, the balance of the debt, the payment period) indicating the bank details and links to agreements with the financial institution;
• a desirable property division scheme with a specific indication of all property assets that should go to the plaintiff and defendant. The amount of monetary compensation, if any, with preliminary calculation;
• references to legislative and regulatory acts that can confirm the validity of the plaintiff’s claims;
• a list of all required documents attached to the application;
• the date the claim was submitted to the court and the signature of the submitter with a transcript.

If necessary, the text of the claim can be supplemented by the plaintiff’s request for alimony if it is assumed that after the divorce they will continue to live with him or he himself falls into the category of citizens who have the right to receive alimony payments.

Required documents

To file any claim, there is a basic set of documents that are required for the application to be accepted for consideration. If we are talking about divorce and division of property, then the following package will be required (we are talking about copies):

• the application itself with information about the plaintiff and defendant in the amount of 3 pieces;
• general passports. From the plaintiff it is obligatory, from the defendant it is desirable;
• a certificate confirming that the couple is married;
• civil documents of minor children (passports if they are already 14 years old, and birth certificates if they have not reached this age);
• documents confirming ownership of divisible property. These could be contracts of purchase and sale, donation, inheritance, extracts from the Unified State Register, Unified State Register of Legal Entities and other registering authorities;
• acts on assessment examinations carried out (if any);
• agreements with banks on outstanding loans along with statements of payments made.

Depending on the nature of the claims, the list of documents submitted may expand. So, you may need:

• certificates of income from the place of work and/or from the Tax Office;
• medical certificates of health;
• payment documents and bank statements that can confirm the joint nature of investments in the disputed property.

The list is allowed to be supplemented with any documents if the plaintiff believes that they can help in making a court decision on the division of the spouses’ property.

Where to apply

The place where the application is filed depends directly on the cost of the claim. If it falls within the limits of 50 thousand rubles, then you must go to the magistrate’s court. Divorce, if it is not related to disputes regarding the future residence of children, is also within his competence.

If the price of the joint property to be divided turns out to be higher than the specified value, then the claim must be filed in the district or city court.

You should choose the institution that is located at the defendant’s place of residence. Sometimes this option is not acceptable. This means that you need to contact the court in the area where the main part of the property is located (most often, this is an apartment).

The law provides for the following methods of filing a claim:

1. When directly contacting the court office or personally to the judge.
2. By mail. You need to issue a registered letter with notification and, in addition to the claim, enclose in it the entire set of required documentation.

State duty

Filing a claim is half the battle. It cannot be submitted without calculating and paying the state fee. The amount of the state duty is not a constant amount in this case. The plaintiff himself will have to calculate it.

To do this correctly, you need to read Art. 333.19 Tax Code of the Russian Federation. It states that the amount will depend on the value of the claim if we are talking about establishing a share in jointly acquired property.

But no matter how it turns out, its size should not be less than 400 rubles. and more than 60 thousand rubles.

Amount of state duty when dividing property between spouses.

The claim for divorce is estimated at 600 rubles. To get the final cost you will need to add both amounts. It is not necessary to underestimate the cost of the claim to reduce the final figure. In any case, the judge will recalculate and if inaccuracies are discovered, the consideration of the case will be suspended.

Judicial practice and court decision on the claim

The practice of making court decisions on issues related to partition and divorce is extensive. But it rarely deviates from the principle of equality of shares.

Example: citizen R.M. Cherkasova filed a claim with the Zamoskvoretsky Court of Moscow.

In it, the woman insisted on dissolving the marriage with her husband and dividing the jointly acquired property.

A two-room apartment and a Peugeot car, issued on credit, for which the spouses had to pay another 250 thousand rubles, were designated as common property. debt.

The judge reviewed the terms of the case and made a decision, having previously agreed upon it with representatives of the bank where the loan was issued. In accordance with it, both spouses received equal shares in the apartment.

The remaining debt on the loan was transferred to the husband, with the subsequent registration of the car as his personal property. The man was ordered to pay his ex-wife monetary compensation in the amount of 320 thousand rubles.

(half the amount paid on the loan).

Divorce and division of jointly acquired property in 2023 must be taken very seriously. It is advisable to obtain preliminary legal advice on drawing up a statement of claim.

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.

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.

Based on the above, guided by Articles 21, 23 of the Family Code of the Russian Federation, Articles 23, 131-132 of the Civil Procedure Code of the Russian Federation,

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.

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.

For example, on the collection of alimony for the maintenance of children, on the collection of alimony for the maintenance of a spouse, on determining the place of residence of children, on participation in raising children, on the division of jointly acquired property.

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.

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.

The statement of claim and its copy are certified by the signature of the plaintiff, the receipt of the state duty is attached in the original.

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?

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.

Sample claim for divorce, division of property and collection of alimony

Sample statements of claim: Claim for recovery of child support: Download a sample claim for recovery of child support Claim for recovery of funds for the maintenance of a spouse: This provision is enshrined in Part.

Amount of alimony collected from parents for minor children Alimony for minor children from their parents in the absence of an Agreement on Children, an Agreement on the Payment of Alimony, and also if the amount of alimony is not determined by the Marriage Agreement, is collected in the following amounts:

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

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Content:

• Form of claim for divorce
• How to file a claim for divorce?
• Application for divorce and alimony: how to file a claim for divorce
• Step-by-step instructions for divorce through a district court in 2023 + sample application
• Statement of claim for divorce and alimony (sample) 2023
• Statement of claim for divorce
• Claim for divorce and alimony

Form of claim for divorce

Your progress of answers Contents of the statement of claim for division of property Samples of statements of claim can be obtained from the court. They must contain information according to the list specified in Art.

Before filing a lawsuit, the plaintiff orders an assessment of the joint property or part of it, which, in his opinion, is subject to division. Based on the price of the claim, the state duty will be calculated; list of attached documents; signature of the plaintiff and date of signing of the statement of claim.

The template below will help you simplify the process of preparing a claim. You can use it as a template to draw up your own statement of claim. The form posted here is available for viewing and downloading DOWNLOAD State duty for filing an application for division of property in court You must obtain a receipt from the selected judicial organization with details for paying the state duty.

Her body consists of a fixed portion and a percentage of the assessed value of the property. When dividing property worth thousands. In the case where the property is not subject to assessment, it will be necessary to pay the fee specified in paragraph.

Without a receipt for payment of the fee, the court secretariat will not accept the statement of claim. Filing a claim in court Most often, a property dispute between divorcing spouses is resolved in a district court.

It is within its jurisdiction that claims worth more than 50 thousand are located. The application is submitted to the court secretariat, registered and accepted for processing, rejected or returned with comments for revision. If the value of the claim is less than the agreed amount, you can go to the magistrates' court.

The statement of claim is filed with the judicial authority at the place of residence of the defendant. According to Art. The claim is submitted along with a receipt for paid state duty and a package of documents collected for the property.

The judicial authority operates according to the following algorithm. The court determines the proportions of divisible property for each party; by default they are equal, unless otherwise specified in the marriage contract. Next, he divides the property into personal and joint property, after which he makes the actual division in kind, in financial terms, or a combination of both.

Time limit for consideration of a claim for division of property The law establishes a two-month period for consideration of cases for division of property. Ideally, this amount of time should pass from the date of acceptance of the application to the date of decision p.

When cases are considered by magistrates, the period is reduced to a month. Within the agreed time, the claim is registered and the case is considered at a preliminary hearing. Practice shows that the latter is appointed months after the plaintiff applies to the court. After it, the date of the main meeting is called, days after the preliminary one.

The division of property in court may take longer than the time provided by law due to repeated adjournments and other delays. Issuance of a court decision on the division of property of spouses and its entry into force According to paragraph.

A court decision on the property claim of one of the spouses implies that the specified property will be divided between the spouses in a certain way. The division according to the court does not necessarily coincide with the plaintiff’s demands.

You can file an appeal within a month after the decision is made. If this does not happen, it will take effect. Conclusion Community marital property can be divided by agreement. However, if there is no agreement regarding the division of property, one of the spouses may file a claim in court.

You can go to court for the division of property before, during or after a divorce. In the latter case, a maximum of three years after one spouse noted a violation of his interests.

In this case, jointly acquired property, unless otherwise established by agreement, is divided between husband and wife in equal shares, regardless of the personal contribution of each. However, this does not apply to the personal property of the husband and wife, which is undivided upon divorce. Ten years before that, we bought a house, the contract was drawn up for it.

The marriage left behind joint children aged 9 and 11 years. Do my children and I have the right to claim part of the house now? However, the statute of limitations for the division of property has already passed, which the defendant can point out during the trial.

Can you prove that you learned about the violation of your rights no more than 3 years ago? If you manage to win a share of the joint property, it is unlikely that the interests of the children will be taken into account when dividing the house.

We're going to get a divorce. How can I get the court to award the loan property to me? The wife does not go to peace and wants to be divided in half. At the same time, she does not have money to pay off loans, since she does not officially work.

The bank is also unlikely to agree to split the debt. This applies to both property and debts. Try writing a petition stating that your wife is not able to repay the loan, but you are ready to assume obligations to the bank.

And receive property in proportion to the debts paid, of course.

How to file a claim for divorce?

Such a civilized way of dividing material values ​​acquired during marriage often results in morally complex and financially costly lawsuits. Especially if there is a mortgage, minor children and unresolved personal conflicts. But there is no need to be afraid of going to court.

You will need a receipt for payment of the state fee for divorce. Where to apply The claim is filed in the magistrate's court at the place of residence of the defendant. If it is not possible to go there, it is allowed to submit documents at the plaintiff’s registered address.

Your progress of answers Contents of the statement of claim for division of property Samples of statements of claim can be obtained from the court. They must contain information according to the list specified in Art.

Before filing a lawsuit, the plaintiff orders an assessment of the joint property or part of it, which, in his opinion, is subject to division.

Based on the price of the claim, the state duty will be calculated; list of attached documents; signature of the plaintiff and date of signing of the statement of claim.

Application for divorce and alimony: how to file a claim for divorce

Statements of claim for divorce, division of property, collection of alimony, determination of the child's place of residence Statements of claim for divorce, division of property, collection of alimony, determination of the child's place of residence The demand for divorce is quite often associated with other claims: Parents have the right to present as one of specified requirements, and declare all the above requirements at once. At the same time, it must be taken into account that in the case of considering a case of divorce if the parents have a common minor child, the court, regardless of the stated requirements, is itself obliged to resolve, that is, to reflect in its decision the following issues: This is expressly stated in paragraph 2 of Article 24 Family Code of the Russian Federation. So, here are several options for statements of claim for divorce, in which, in addition to the main requirement, other requirements are also stated: Samples of claims for divorce . The location of the defendant spouse is unknown, so the claim is filed at the last known place of residence of the defendant. The plaintiff asks the court:

Step-by-step instructions for divorce through a district court in 2023 + sample application

All data will be transmitted via a secure channel. Promptly Fill out the form, and within 5 minutes a lawyer will contact you. Divorce in the presence of minor children is a very nervous and rather lengthy procedure.

The law establishes a mandatory judicial procedure for terminating a marriage in the presence of common children under 18 years of age, regardless of the position of each spouse. Whether the second spouse agrees to divorce, or categorically objects to the termination of the union, the marriage will have to be dissolved exclusively in court.

If there are children together, the court must decide their future fate, namely: Determine their place of residence; Collect alimony for maintenance.

We will send the material to you by email: By clicking on the button, you consent to the processing of your personal data and sending letters.

More details There is no universal template for an application for divorce; in each specific situation, you should indicate a certain list of circumstances significant to the case and attach the relevant documents.

If they are absent, the judge has the right to return the claim or leave it without progress, which will significantly delay the divorce procedure.

Statement of claim for divorce and alimony (sample) 2023

Most divorces in our country occur in court, and not in the registry office. The sample application for divorce and alimony is almost identical to the sample application for alimony without divorce. At the discretion of the court, these issues may be considered in one procedural case.

Download How to divorce a foreign spouse? Spouses do not always live in the same region.

So what to do in a situation where, for example, the spouse is registered in Moscow, and the husband is registered in St. Petersburg? Where to file an application or claim? In this case, the same rule applies as for cases of registration in one region - if there are minor children and divisible property - you need to go to court, and if there are no children and there is no need to divide property, then to the registry office. There are several features of divorce from a spouse living in another region:

Statement of claim for divorce

Statement of claim for determination of spouses' shares in an apartment Statement of claim for division of property in a civil marriage, between cohabitants If the marriage is not officially registered, the man and woman are not officially considered spouses. Such relationships do not in themselves create any rights and obligations.

The state does not recognize such relationships as marriage, no matter how many years they have lived together and whether they have children together. In legal language, such relationships are called cohabitation. Sometimes, in everyday life, such relationships are called civil marriage.

The problem with such relationships is that at first you don’t want to go to the registry office, register the relationship, and then, when a man and a woman fully consider themselves one family and treat each other as husband and wife, it is difficult for them to understand why they cannot divide property , receive an inheritance or claim housing rights.

In terms of division of property, the main difference is that, according to the articles of the Family Code of the Russian Federation, the legal regime for the property of spouses is joint property.

Statement-claim for divorce and alimony, property division, etc. on the collection of alimony (by the recipient. Your daughter does not participate in the division of property.

When going to court with such demands, 2 issues will be resolved. This is a divorce if the spouses have at least one common child under 18 years of age, or if they refuse to file a divorce through the registry office, as well as the division of property acquired during marriage. In general, filing a claim for divorce and division of property does not provide obvious financial advantages compared to filing 2 separate claims.

Claim for divorce and alimony

There are a number of situations when a husband is prohibited from starting divorce proceedings without the consent of his wife. These include situations in which: If such circumstances exist and there is no consent from the wife, the judge will not accept the statement of claim and will not allow the divorce to begin.

Maksimov, I. Malykh, E. The marriage is registered in the name of the registry office.

From 20 to thousand

How to file a claim for divorce? The reasons for divorce, the lawful actions of each party, the consequences and disputes resolved amicably or in court are established in Chapter.

There are two ways to get a divorce this year - submit an application to the registry office for a mutual decision of the spouses in the absence of minor children, or a claim to the magistrate's district court.

From the article you will learn how to correctly write a statement of claim for divorce, and you will be able to download ready-made samples for divorce. Collect your complete set of all the necessary documents to formalize the divorce and divorce.

In a word, everything about how to get a divorce in front of children, instructions step by step and on your own. And remember, you always have the opportunity to seek professional help from a divorce lawyer.

Registration of a divorce with children The presence of common minor children is not an obstacle to a divorce or dissolution of the spouses’ marriage.

Nikita Aleksandrovich You need to look at what kind of apartment this is and what options for dividing it are acceptable to you. Describe the situation in more detail, then we can recommend something more specific. Elena My husband filed for divorce and indicated in the application that we have no property disputes, no disagreements regarding the upbringing, place of residence and maintenance of our joint 7-year-old child. However, he does not want to discuss these issues.

VIDEO ON THE TOPIC: [ CHILD ALIMONY ] 2023 - Collection of alimony 2023, Application for alimony, sample for alimony.