Statement of claim for divorce and alimony (sample) 2023

If spouses do not want to live together and have children, it is important for them to know how to file for divorce and alimony at the same time. The problem is resolved in court in one process, but if necessary, the judge can consider cases in different proceedings. The procedure consists of the steps described in the article.

Is it possible to file for divorce and alimony at the same time?

According to the RF IC, divorce, even with the mutual consent of the spouses, is carried out in court if they have children. Additionally, the party with whom the minors remain may collect alimony for their maintenance.

Drawing up a statement of claim for divorce and at the same time for the collection of alimony is allowed. The issues are considered within the framework of one case, but if necessary, the judge, by his own decision, can separate them.

The procedure is regulated by the norms of the Civil Code, Civil Procedure Code and the IC of the Russian Federation. It is possible to resolve issues through court:

Important! Collection of alimony is also possible out of court - by agreement of the parties. Spouses independently determine the procedure and terms of payment, but the amounts should not be less than the alimony that would be assigned through the court.

How to get a divorce and apply for alimony: step-by-step instructions

The divorce process and the collection of alimony through the court consist of several stages:

1. Determination of the parties. If both spouses agree, it is necessary to decide who will be the plaintiff and the defendant. Typically, the plaintiffs are wives with whom the children remain.
2. Preparation of documents.
3. Court ruling for filing a claim.
4. Filing a claim. You should contact the court clerk.
5. Attendance at court hearings. The parties are notified of the date of the first hearing in writing.
6. Obtaining a writ of execution and a court decision. An extract from it is sent to the registry office, on the basis of which divorce certificates are issued.
7. Submitting applications to the registry office.
8. Obtaining a divorce certificate in two copies. You can apply for the document at any time after the court decision enters into legal force.

As for alimony, there are two options:

When considering a divorce, the following nuances are taken into account:

• Cause. If there is mutual agreement, the court does not find out the reasons that prompted the parties to divorce. If there are objections from one of the spouses, a conciliation period may be appointed if the judge considers that the family can be saved.
• Interests of the child. In the absence of agreement on determining his place of residence, this issue will also be resolved in court. The judge may ask the opinion of a child over 10 years of age if the parents consider his presence at the hearing appropriate. When making a decision, the financial and property status of the parties is taken into account. Most often, minors are left with their mothers.
• Property. If the application indicates a requirement for division, the indivisible property (real estate, cars) remains with one party, but it pays compensation to the other.

When collecting alimony, it matters:

• Method of collection. The plaintiff determines it independently: in shares of the salary, in a fixed amount, mixed.
• Financial situation of the parties. The plaintiff’s high earnings are not grounds for releasing the defendant from alimony obligations or assigning reduced payments.
• Payer's salary. This is relevant if payments are collected in proportion.
• The cost of living for a child is taken into account when collecting alimony in a fixed amount.

The parties may come to the conclusion of an alimony agreement during the consideration of the case. In this case, the only decision left to the judge is to decide on the divorce.

How to file a claim?

The legislation does not establish a unified form of claim for divorce and alimony, but its content is important. It includes information:

• Full name, date of birth, address of registration and actual residence of the plaintiff, telephone number;
• name of the court;
• Full name, date of birth of the defendant;
• reason for divorce: incompatibility of characters, domestic disagreements, etc.;
• with whom the children stay, and in the absence of mutual agreement, a request to determine their place of residence is indicated;
• the address of the parent where the children will remain;
• series and number of the marriage certificate;
• demand for divorce and collection of alimony payments;
• a list of attached documents;
• date and signature.

The application is submitted in two copies. One remains in court, the second is given to the plaintiff with a note about registration. Notification of the hearing is received by the parties after the judge accepts the case materials for proceedings.

The statement of claim is filled out according to the following rules:

• Blue or black ink may be used. A document drawn up with a felt-tip pen, marker or pencil will not be accepted.
• Handwriting should be clear. If there are errors, corrections or omissions that distort information, registration of the claim will be refused.
• If a legal representative acts on behalf of the plaintiff, information about the power of attorney is included in the claim.

Documentation

When filing a claim, certificates of marriage and birth of children and other documents are provided at the same time:

• passport;
• certificate of family composition;
• certificate of the plaintiff's earnings.

You will need a receipt for payment of the state fee for divorce.

Where to contact?

The claim is filed in the magistrate's court at the defendant's place of residence. If it is not possible to go there, it is allowed to submit documents at the plaintiff’s registered address.

This is also important to know: Collection of alimony in a fixed amount of money

If, in addition to divorce and collection of alimony, resolution of other issues is required, you should contact the district court.

State duty

The plaintiff is not charged a state duty for the collection of alimony payments - it is collected in the amount of 150 rubles. from the defendant upon completion of the proceedings.

For a divorce, both parties will have to pay a state fee of 650 rubles. before going to court and the same amount before submitting an application to the registry office.

Deadlines for submission and review

Divorce proceedings can take up to 3 months if the judge sets a conciliation period. Cases regarding claims for alimony are resolved within one month.

Filing a claim for divorce and alimony is available at any time.

Arbitrage practice

Free legal consultation We will answer your question in 5 minutes!

After studying materials from judicial practice, we can come to the conclusion that children are usually left with their mothers if the fathers do not provide evidence of their antisocial behavior and actions that are grounds for deprivation of parental rights.

If a man wants to keep the children for himself, but the court does not accept the objection and the decision does not suit the defendant, he can appeal the document before it comes into force. Afterwards, only filing a cassation appeal is possible.

Divorce and alimony being sought at the same time a claim is filed is common. The plaintiffs' claims are satisfied in whole or in part.

Amount of alimony

The amount of alimony depends on the method of collection, the payer’s earnings and other factors. Let's look at the main methods:

As a share of salary

In a fixed size

Mixed form

For one minor, 25% is paid, for two – 33%, for three or more – 50% of official earnings

When determining the value, the cost of living is taken into account. Alimony in a fixed amount is assigned if the payer has no official income or the salary is received in foreign currency

Part of the payments is assigned in shares of confirmed earnings, part - in a fixed amount. Relevant if the person liable for alimony works and has additional unstable income

Other options

Didn't find the answer to your question? Our lawyer will answer your question for free in 5 minutes!

It is not necessary to file a claim and collect alimony at the same time - these issues can be resolved separately. According to the law, it is possible to request payments for the maintenance of minors without divorce.

Submitting applications separately

The law allows for the collection of alimony during marriage. A woman can request payments for her child and herself if she is pregnant or on maternity leave. Alimony is assigned to the spouse in a fixed amount.

This is also important to know: Application for alimony in a fixed amount

The Lavrentievs' marriage was registered in 2013. Since 2016, the couple have not lived together; the woman is on maternity leave and has a second five-year-old child. The divorce has not been officially filed.

To recover alimony for herself and her two children, the woman filed a lawsuit. Payments are assigned in a fixed amount, since the person obligated for alimony is not officially employed. He pays 10,000 rubles for children, 4,000 rubles for his wife.

When determining the amount of payments, the minimum amount for living was taken into account.

Collecting alimony after divorce

It is possible to separate the issues into two different trials. First, a claim for divorce is filed, then for alimony. The reverse sequence is also allowed, but it does not play a role when the court makes a decision on the case.

The Ignatiev couple got married in 2014 and had a son together. In 2017, they decided to divorce; the wife filed an application with the court in May. She agreed orally on the payment of alimony; the man said that he would transfer the money every month.

Divorce certificates received in July. Until June 2018, the woman did not see alimony, she made attempts to resolve the issue peacefully, but the ex-husband did not want to negotiate.

In June 2018, a lawsuit was filed in court to collect alimony in shares of a salary of 50,000 rubles.

50,000 x 25% = 12,500 rub. - amount of alimony.

The claims were satisfied.

Voluntary agreement

According to the RF IC, the parties can enter into agreements on the payment of alimony and on determining the residential address of minors without going to court. Notarization will be required.

The amount, period and procedure for transferring money are determined by the spouses or former spouses independently. Without the seal and signature of a notary, the document is considered invalid.

If the alimony payer does not comply with the terms of the agreement, the recipient has the right to present it to the bailiffs or to the accounting department at the place of his employment. The document is equal in legal significance to a writ of execution.

The divorce proceedings lasted a month from the moment the claim was received, the decision was made in one meeting. The parties had no disagreements, and the court had no grounds for setting a conciliation period.

The decision was received in early July, and the divorce certificates were received in August, since they are prepared within 30 calendar days at the registry office.

Conclusion

Simultaneous dissolution of marriage and collection of alimony for the maintenance of minor children is allowed within the framework of one legal proceeding, if the plaintiff indicated the relevant requirements in the application. The procedure lasts from one to three months. As a result, a court decision is issued, on the basis of which divorce certificates are prepared - they must be obtained from the registry office.

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!

Lawyer. 2 years of experience. I specialize in civil disputes in the field of family law.

Still have questions? Ask them to the duty lawyer!

Statement of claim for divorce and alimony (sample) 2023

35,869 views

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 place of residence;
• Collect alimony for maintenance.

Statement of claim for divorce and alimony

The will of the divorce initiator is submitted to the court in the form of a statement of claim, drawn up in accordance with the requirements of the law and with a certain list of necessary documents.

Most often, if the wife initiates the divorce, husbands are not eager to keep the children and do not object when the child is supposed to be left with the mother.

But with the maintenance of children, not everything is so smooth and the child’s mother has to forcibly collect child support through the court.

The law allows you to do this simultaneously with a divorce by filing a statement of claim for divorce and collection of alimony.

Where to file a claim?

The claim is filed at the place of residence of the defendant, but the plaintiff, if a child lives with him, has the right to take advantage of a special right and file a claim in court at the place of his residence.

Where to file a claim for divorce and alimony

Where to file a claim for divorce and alimony

To the world court	the spouses have common minor children; the parties decided with whom the child will live after the divorce; along with the divorce claim, a demand was filed for the division of property worth no more than 50 thousand rubles to each; one of the spouses objects to the divorce and does not appear at the registry office.
To the district court	the spouses have a dispute about children, their place of residence and the procedure for communicating with them; The property with a claim value of over 50 thousand rubles is divided into the share of each spouse.

Contents of the claim

The requirements for the form and content of a claim for divorce and collection of alimony are prescribed in Art. 131 Code of Civil Procedure of the Russian Federation. Failure to comply with them will entail leaving the document without further movement and subsequent return by the court if the deficiencies are not eliminated.

In particular, the claim must reflect:

1. Name of the court and its address;
2. Information about the parties to the case: full name, registration and residence addresses, contact numbers (if any);
3. Description of the current situation that ended in divorce (date of marriage, period of marriage, date of birth of the child, etc.;
4. Reasons for divorce, indication of further impossibility of residence;
5. The defendant's position about children. Link to the agreement, if one is drawn up;
6. Links to articles of the Investigative Committee and other arguments;
7. Request to the court for divorce and alimony;
8. Personal signature, date of filing the claim and attachments.

The statement of claim can be written either by hand or prepared on a computer.

Alimony is collected in the amount specified in Art. 81 RF IC.

• For one child - 1/4 of all types of income of the parent;
• For two children -1/3;
• For three or more children - half of all income.

If the income of the second spouse is irregular or unofficial, then the plaintiff has the right to insist on establishing alimony in a fixed amount. This requirement must be motivated and supported by evidence.

Documentation

The documents listed in Art. 132 Code of Civil Procedure of the Russian Federation.

In relation to the sample statement of claim for divorce and alimony, typical applications will be:

• A copy of the plaintiff's passport;
• A copy of the marriage certificate;
• A copy of the child's birth certificate;
• Information about the income of the plaintiff and defendant;
• Certificate from the Federal Migration Service about the child’s place of residence (preferably);
• Notarial agreement on children, their maintenance, etc. (if concluded);
• Receipt confirming payment of the fee.

If it is not possible to provide a certificate of income of the defendant, then the plaintiff has the right to ask the court to send a corresponding request.
A statement of claim for divorce is paid with a state fee in the amount of 600 rubles. The claim for the collection of alimony is not subject to duty.

Only the original receipt of payment of the duty must be attached to the statement of claim.

Can I file a claim through a representative?

Can.
To do this, you need to issue a power of attorney to the representative, indicating his right to file a statement of claim on your behalf. You can also send a claim by mail, and then send a representative to the court to participate in the hearing.

Sample claim for divorce and alimony

We present to your attention a standard sample claim for divorce and alimony. Below you can download it for your own editing.

Please note that this is only a typical sample claim, relevant in the case where the spouse does not object to the divorce and has no claims regarding the future fate of the children. Any disagreements or additional requirements - and the form of the claim, as well as the list of attachments to it, will differ significantly from the sample presented.

Difficulties in filing a claim on your own

• In order to correctly prepare a statement of claim for divorce and alimony, you must be fluent in all the procedural subtleties and have solid legal experience.
• The sample presented on our website and many other samples on the Internet are not always suitable for your situation, and only an experienced lawyer can draw up a claim correctly.
• In addition, the claim may be complicated:

• A change in the position of the second spouse on the issue of raising children;
• Additional requirements for the division of property, for determining the child’s place of residence;
• Large number of documents to be collected.

Our expert lawyers are always ready to advise you free of charge online on any issues related to filing a claim for divorce.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Save the link or share with friends

Rate this article

( 3 ratings, average: 5.00 out of 5) Loading…

Statement of claim for divorce and alimony (sample) 2023

Home » Divorce » Statement of claim for divorce and alimony (sample)

3,696 views

Conflicts during divorce are not uncommon. And, when they go beyond personal claims and lead to a conflict of legitimate interests and freedoms of spouses, the powers to resolve them are transferred to the court.

The justice body, guided by legislative acts and taking into account the arguments of the parties, forcibly brings the dispute to a fair resolution.

The interested party will only need to correctly file the claims and convincingly argue their position.

When is a claim necessary?

Divorce without children and with the full consent of the spouses is carried out through the civil registry office. The participation of a judge is also not necessary if the spouse of a missing person, incompetent person, or sentenced to imprisonment for a crime (regardless of the presence of common children) applies for divorce.

In all other cases, the divorce process is carried out in court, according to the procedure of claim proceedings. And the spouses can declare their desire to terminate the marital union by filing a lawsuit.

A claim in case of divorce is mandatory*:

1. If you have common (including adopted) minor children.
2. In case of categorical disagreement of one of the spouses with the divorce.

* - if the location of each spouse is known, none of them is deprived of freedom or legal capacity.

Also, often during a divorce, the issue of collecting alimony arises. It can be resolved peacefully through the conclusion of an agreement between the spouses, in which they jointly determine the amount of monthly maintenance, the procedure for its payment and other significant additions.

When an agreement cannot be reached, the case is referred to a judicial authority. It can be resolved:

1. Together with demands for termination (a lawsuit is required).
2. Separately, before or after a divorce, in the order of writ proceedings - for the recovery of alimony as a percentage (an application drawn up by analogy with the claim is required).
3. Separately from the case of divorce, in the order of claim proceedings - for the collection of alimony in a fixed amount (a claim is required).

In other words, a claim for divorce and collection of alimony is necessary in the case when one of the spouses or the parents of minor children files for divorce. If the separation of the marital relationship is formalized by the civil registry office, the application for the collection of alimony is drawn up separately and sent to the court as an independent demand.

Who is entitled to alimony?

Claims must be legal and reasoned. Therefore, before including a request for alimony in your application, it is important to make sure that the applicant has every right to receive it.

Children

The first responsibility of parents is to provide the child with conditions for normal development and growth. And without a sufficient material base this is impossible.

With the termination of marital relations, it is important for them not to forget about parental duty, which remains in legal force until the common children reach adulthood, and to take part in their lives, regardless of place of residence and family circumstances.

The child support obligation is usually imposed on the parent whose place of residence is determined separately from the child. If, after a divorce, the exes continue to live together, alimony can be collected from the spouse who is not involved in supporting the child.

The amount from which the specified percentage is allocated includes:

• wages (fees, salary, official salary, allowances, bonuses, rewards, etc.);
• pensions (except survivor's pension);
• scholarships;
• unemployment or temporary disability benefits;
• monetary compensation in connection with dismissal;
• income from business activities;
• income from property rental;
• dividends, income from ownership of shares in the authorized capital of a business company;
• material aid;
• amounts received under contracts;
• compensation for harm caused to the health of the payer;

• Of all the amounts listed, alimony is withheld after taxes.
• Based on the family, financial situation of the parties and other significant circumstances, the share of contributions can be reduced or increased, or assigned to be paid in a fixed amount.
• The amount of a fixed sum of money is determined by way of claim proceedings when the payer’s income is unstable, indicated unreliably, or the percentage of it does not allow covering the needs of the recipient.
• The parent will have to transfer the specified payment for the maintenance of the child every month until he reaches the age of majority, or until it is revised due to a change in the cost of living or the financial situation of the parties.

Former spouse

According to Art. 90 of the Family Code of the Russian Federation, former spouses also have the right to receive alimony after a divorce. A demand for forced collection of alimony may be sent by:

1. A wife during pregnancy or until the common child reaches three years of age.
2. A spouse caring for a common disabled minor child or a group I disabled child since childhood.
3. A disabled person of groups I–III, if the disability occurred before the divorce or within a year after.
4. A former spouse who has reached retirement age no later than 5 years after the divorce (if it lasts).

There is no set interest rate on income. The amount of alimony is determined in a fixed amount, taking into account the need of the recipient and the income of the payer.

However, the court may refuse to award monthly maintenance. This happens if:

• the disability of the person in need arose as a result of alcohol abuse, drug use, or the commission of an intentional criminal act;
• the marriage was short-lived (as practice shows, from 1 to 3 years, but if the disability resulted from the birth of a common child, the period does not matter);
• the applicant for alimony in the family behaved unworthily (the determination of this factor falls within the competence of the judge; this could be failure to respect the legitimate interests of family members, indifference in raising children and incurring expenses for general needs, immoral behavior, etc.).

The collection of alimony in a fixed amount is always a dispute, since there is no unambiguous provision regarding their amount in the law. And, if the parties do not reach agreement on this issue, they can ask for a resolution of the dispute in the divorce petition.

How to file a claim correctly

What plaintiffs should pay attention to when filing a claim:

• Structure.
• Required items.
• The need for identification.
• Writing method

The structure of the application includes four blocks:

1. Introductory. It must indicate the full name of the spouses, their residential address and the name of the judicial authority.
2. Descriptive. Contains all the basic information about the purpose, reasons for the appeal, the facts on which the plaintiff bases his position, and evidence for them.
3. Pleading. Displays the claims, that is, what the applicant would like to achieve by going to court.
4. Applications. Reveals a list of documents and other materials attached to the case.

In this case, the content of the statement of claim is regulated by Art. 131 of the Civil Procedure Code of the Russian Federation. In addition to the information already listed above, it is important to indicate in the claim:

• the essence of the violation or threat of violation of the applicant’s rights (the spouse’s refusal to file a joint statement of claim for divorce and confirm his alimony obligations in the amount specified by the plaintiff);
• reasons for divorce (if the decision was not made mutually);
• age and number of common (including adopted) children;
• additional circumstances that may affect the amount of alimony collected (health status of the potential recipient, disability group, income level, the need for the former spouse to participate in additional expenses for the child, etc.);
• Full name, place of residence and powers of the representative (if he acts on behalf of the plaintiff).

Below everything stated by the plaintiff in the application, his signature must appear. Without it, the claim will not be accepted.

The claim can be written in three ways:

1. By hand.
2. Via PC (in printed form).
3. In the form of an electronic document certified by an enhanced qualified signature.

In the first two cases, the document is submitted in person to the court, by mail or through a representative. In the third - through the Internet.

Sample statement of claim for divorce and alimony collection 2023

As a clear example of a statement of claim for divorce and alimony, you can consider a standard sample.

Download download sample

Download sample

Upload sample image

Where to carry

Cases of divorce and collection of alimony are assigned by the Civil Procedure Code of the Russian Federation to the jurisdiction of magistrates. They pass to the competence of the district court only if demands are simultaneously submitted to determine the child’s place of residence or the procedure for communicating with him and disputes about the division of jointly acquired property.

The authorized magistrate must be assigned to the area where the place of residence of the respondent (the applicant's spouse) is registered. But the applicant has the right to change the territorial jurisdiction at his own discretion if he has a minor child with him or his state of health does not allow him to go to the judge at the place of registration of his spouse.

The claim can also be filed remotely: by mail, through the court’s online portal, or through a representative.

In the first case, the plaintiff must notarize his signature and send the claim and all documents attached to it by a certified letter. In the future, he may submit a request to consider the dispute in his absence and ask to send copies of the court decision by mail or to appear at the hearing in person.

Filing a statement of claim through the official website of the court is possible only after certification by the personal strengthened qualified signature of the plaintiff.

Alternatively, you can use the corresponding virtual service on the portal https://ej.sudrf.ru. But for this, the applicant must have a confirmed account on the Unified Portal of State Services (confirmation in this case is carried out in specialized certification centers, during a personal visit of the user).

The applicant also has the right to authorize his representative to perform part or all of the tasks within the framework of the divorce process. They can be any legally competent adult citizen (preferably a lawyer), for whom a notarized power of attorney will be issued.

State duty

For filing a claim for divorce, in accordance with Art. 333.19 of the Tax Code of the Russian Federation, the plaintiff is obliged to pay a state duty in the amount of 600 rubles.

The dispute regarding the collection of alimony is considered free of charge.

Attached documents

The list of papers attached to the claim is regulated by Art. 132 Code of Civil Procedure of the Russian Federation. It should include:

1. A copy of the application.
2. Receipt for payment of state duty.
3. Power of attorney of the plaintiff (if a representative acts on his behalf).*
4. Evidence of the legality of the requirements + copies.
5. Calculation of the amount recovered from the defendant (and copy).

* - a power of attorney is not required for the legal representative of an incapacitated applicant.

In relation to divorce proceedings with the collection of alimony, the following documents must be presented as evidence:

• identification;
• Marriage certificate;
• birth or adoption certificate of officially recognized children;
• health certificate;
• income statement;
• certificate of the child’s place of residence, etc.

What's next

After the claim is received, the judge decides whether to accept it. Problems may arise in the following cases:

1. Incorrectly determined jurisdiction.
2. Submission of an application by an incapacitated person.
3. Lack of signature of the plaintiff or his authorized representative.
4. A similar claim from the same applicant has already been accepted for proceedings.
5. The rules established by law regarding the form and content of the application were not followed.
6. Not a complete package of required documents has been submitted.

On the last two points, the application will be left without movement. The plaintiff will receive a reasoned ruling regarding this, indicating the errors and asking them to correct them within a specified period, after which the case will be accepted for proceedings from the moment the claim was initially filed.

In other cases, the application is returned to the person who sent it with comments on the reasons and recommendations on how to comply with the established procedure.

All decisions and determinations regarding the acceptance or non-acceptance of the claim are made by the judge within five days.

Upon completion of the preparatory stage, a meeting date is set. The parties are present in the courtroom at will. If he is not present or it is difficult for the plaintiff or defendant to appear in person at the hearing, they send a corresponding petition with a request to consider the case in their absence.

In total, no more than one month should pass from the moment the claim is accepted for proceedings until the final decision on the case is made. This period is established for justices of the peace and cases of alimony collection under Art. 154 Code of Civil Procedure of the Russian Federation.

If the proceedings are delayed, the interested party may file a private complaint for violation of the legal procedure. But at the same time, it is important to remember the judge’s right to postpone the divorce hearing for up to three months.

The parties need to take an extract from the decision and go with it to the registry office at the place of their residence or registration of the divorced marriage. There the divorce is finalized and a divorce certificate is issued.

Litigation related to divorce proceedings can be quite acute. It can be difficult for the recipient of alimony to obtain from the payer reliable information about the amount of income and to collect from him exactly as much as required by law.

You can contact the lawyers of the website ros-nasledstvo.ru regarding these and other potentially complex issues. They will answer your questions free of charge and in the shortest possible time, and, if necessary, provide assistance in conducting the divorce process in a format convenient for the client.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Statement of claim for divorce and collection of alimony: sample 2023 - All about finance

( 11 ratings, average: 5.00 out of 5) Loading…

Where to apply?

The plaintiff must file an application with the court at the place where the defendant is registered. But there are exceptional situations. For example, a woman with two children lives far from her husband, but she needs to submit an application to the magistrate’s court.

In this case, she will be allowed to file a claim at her place of registration, but with the condition that convincing evidence will be provided indicating that the plaintiff may not adhere to the general rules.

Perhaps she has a baby in her arms or there is a disabled child in the house.

State duty amount

It all depends on what exact demands the plaintiff puts forward. If he files an application only for divorce, then a state fee of 600 rubles (for 2023) is paid.

If the plaintiff additionally demands payment of alimony for the maintenance of a child who has not reached the age of majority, then an additional 150 rubles must be paid. The amount can be increased to 300 rubles if the plaintiff still demands alimony for himself.

The fee is paid according to the specified bank details. They must be found out in advance and everything must be paid before submitting the application. The fact is that the law requires that a receipt for payment of the state fee be attached to the application.

How to fill out a claim?

The application is filled out with all the rules and regulations. They are strict. If you forget to attach some important document or fill out something incorrectly, the court has every right not to satisfy the application. Additional difficulties may arise. For example, the trial will be significantly delayed.

The plaintiff is recommended to either download the sample and fill out all the data as clearly as possible and collect a package of documentation, or contact a lawyer. The second option will cost more. After all, in addition to the state fee, you will also have to pay a specialist in judicial matters.

But you are guaranteed to avoid troubles in the form of an incorrectly completed application.

You can request a free legal consultation here

The application for divorce and recovery of money for child support consists of five parts:

1. "A cap". Information about the court, plaintiff, and defendant is indicated here. The most detailed information is important, including without spelling errors. Information about the court can be obtained directly from the court office.
2. Main block. In another way it is called the descriptive-motivational part. It is here that it is necessary to indicate all the circumstances that are of paramount importance for the court case. For example, information about the birth of children, the date of marriage between the parties, the presence of disputes regarding children or division of property, and so on.
3. Requirements. What exactly does the plaintiff want to achieve? Divorce, for example, or he wants to collect alimony from the defendant for the maintenance of children under the age of majority.
4. List of documents attached to the application. It is important that the list corresponds to reality. Problems may arise if the list contains paper that is not included in the application.
5. Date and signature of the citizen who is the plaintiff.

The documentation package is standard (passports, marriage and birth certificates, family composition documents), plus you need to attach official income certificates, including those of the defendant.

They are of particular importance, since the court will rely on them when making decisions regarding alimony. The judge needs to know that the amount of the penalty is current. If, for example, the spouse indicates the amount of alimony per month that exceeds the husband’s income, of course, she will be refused.

We must not forget that a receipt for payment of the fee is attached to the application.

The application is submitted to the magistrates or district court, depending on the specific content. In the second case, we are talking about dividing property worth over 50 thousand rubles and resolving a dispute regarding children. You must pay a fee before submitting your application. It is advisable that a qualified lawyer handle the filling out. This will help avoid unexpected difficulties.

Read also: Divorce with two small children: legal advice

© 2018, All about finance. All rights reserved. Copying materials only with the permission of the author.

( 11 ratings, average: 5.00 out of 5) Loading…

Statement of claim for divorce and alimony: sample 2023

If a married couple has children who have not reached the age of majority, then divorce occurs exclusively in court.

It does not matter whether the parties have reached an agreement regarding their residence and maintenance.

To apply to the court, the initiator of the divorce must write a statement of claim for divorce and collection of alimony if the children remain with him.

Which court should I go to?

If the spouse initiates a break in the marital relationship, then if there are children, husbands do not object to the fact that minors remain with the mother. But many people have difficulties with financial support for their offspring after a divorce. Fathers do not really want to give away part of their earnings, so women have to resort to the forced procedure of withholding alimony payments.

The legislation allows for the recovery of financial resources for children simultaneously with the divorce procedure. To do this, the corresponding requirement must be indicated in the claim.

Documentation for divorce and alimony payments is submitted to the district or magistrate court. You should contact the Magistrates' Court if:

• the divorcing couple has children who have not reached adulthood;
• the spouses came to an agreement regarding the place of residence of the children;
• the claim contains a requirement for the division of jointly acquired property in an amount not exceeding 50 thousand rubles. for every divorcing person;
• one of the family partners is against the dissolution of the marriage relationship and does not want to go to the registry office.

It is necessary to demand divorce and alimony payments in a district (city) court if:

• the divorcing couple was unable to reach an agreement regarding the child’s residence and visits with him;
• it is necessary to divide property whose value exceeds 50 thousand rubles. for each participant.

Recommendations for writing a claim

When filing a claim for divorce and collection of alimony payments, you must follow the provisions of Art. 131 Code of Civil Procedure of the Russian Federation. If the conditions are not met, then the documentation will not be accepted for consideration by the court and if the plaintiff does not correct the errors, then all papers will be returned. The text of the claim can be typed on a computer or written by hand.

A correctly completed claim form contains the following information:

1. the “header” of the document must contain data on the name of the court, full names (without abbreviations) of the participants, their registration and residence addresses, mobile numbers;
2. the “body” of the claim will require a brief description of the life situation that led to the breakdown of the family (date of marriage registration, cohabitation, dates of birth of children, etc.);
3. factors that caused the breakdown of the family, lack of opportunity for further cohabitation;
4. the defendant's opinion regarding the children;
5. if there is an agreement, a link to it should be indicated;
6. references to legislative acts confirming the legality of the plaintiff’s claims;
7. demand for divorce and withholding of alimony payments (their amount, frequency, method of collection);
8. a list of documentation attached to the claim;
9. The document ends with the date of writing and the signature of the applicant.

Download a sample statement of claim for divorce and alimony collection

According to Art. 81 of family legislation, the amount of alimony payments cannot exceed:

• 25% of earnings if there is 1st child;
• 33% of salary for 2 children;
• 50% of income for 3 or more offspring.

Alimony payments for the maintenance of minors can be collected in a fixed amount. This deduction method is used if the alimony payer:

1. there is no permanent place of work;
2. his earnings are constantly changing (piecework form of remuneration);
3. wages are paid in the currency of a foreign country;
4. The defendant does not have an official job.

A fixed amount of alimony is assigned if it is necessary to collect financial support for children and wife. At the same time, for minors, a share collection method is used, and a fixed amount is withheld for the maintenance of the mother.

A woman may request withholding of alimony for herself in the following cases:

• if you have a joint child under 3 years of age;
• a disabled child remains to live with the mother;
• if the offspring is assigned disability group 1, then lifelong maintenance is assigned to the mother and child;
• if, by a court decision, the wife is declared disabled during the existence of the family or 12 months after its breakup.

If there is a child with a disability, a woman will be able to claim alimony payments in her favor if she proves her need to the court. She should not be employed and receive an old-age pension.

Documentation attached to the claim

The list of documentation attached to the claim is determined by Art. 132 Code of Civil Procedure of the Russian Federation. A claim for divorce and alimony payments must be supported by the following documents:

• a copy of the applicant's civil passport;
• a copy of the marriage certificate;
• copies of children's birth certificates;
• certificates about the amount of income of the participants in the process;
• a certificate of family composition indicating the place of residence of minors;
• if available, attach a notarized agreement regarding the child and its maintenance;
• an original check for payment of the state fee in the amount of 600 rubles.

The plaintiff may not be able to provide proof of the defendant's income. In this case, the plaintiff may request that the court independently request the necessary information.

Ways to file a claim

The claim may be submitted personally by the applicant to the court office. The plaintiff can also send his official representative. But for this he will need to present a civil passport and a notarized power of attorney. In the future, he will be able to represent the interests of the plaintiff at court hearings.

A claim with documentation can be sent to the court by mail with notification of receipt.

When does alimony begin to be withheld?

Alimony payments begin to be calculated and withheld from the day when the corresponding claim is received by the court. In this case, the applicant can recover arrears of alimony for the previous 3 years.

But such a possibility exists if, during court proceedings, the applicant proves that he previously made attempts to receive alimony payments, but the payer did not fulfill his obligations.

Duration of trials

In accordance with the provisions of the Code of Civil Procedure of the Russian Federation, the duration of consideration of civil cases is:

• when applying to a magistrate’s court – up to 30 days from the date of filing the claim;
• when applying to a district court – up to 60 days;
• on withholding alimony payments – up to 30 days.

A citizen can draw up a claim on his own or use the services of lawyers.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :