Today, samples of divorce applications will be presented to our attention. These documents are extremely important. Especially for those who decided to divorce their spouse. Not everyone understands how to properly compose and file a request for divorce. An explanation of these issues will be dealt with later. If you prepare in advance and thoroughly study the basics of the legislation of the Russian Federation, then there will be no problems with the operation.
Types of Divorce
The first thing you should pay attention to is the situation in the family. On the whole, it will depend on how the sample application for a divorce looks, and where to go with the request.
There are 2 types of divorce :
- in the presence of minor children;
- "childless" divorce.
In addition, you need to remember that you can break off official relations:
- with the division of property;
- without sharing what was acquired during the marriage.
The whole process as a whole will depend on the nuances listed above. It should be understood that divorce is a right. And it can be implemented unilaterally. In this case, you will have to try, but in the end, get rid of official relations will still work.
Without children and property
Where to file for divorce? In the registry office. It is in this body that requests for divorce are submitted. But only if the spouses do not have children, as well as common property. Or if the second is regulated by a marriage contract.
In addition, the registry office will be able to apply only on the condition that both parties agree to divorce. If people just decided to leave, then this is the option that is welcome. It takes a minimum of time. Also, an application form for a divorce, as a rule, is filled out by an employee of the registry office. All that remains for the parties is to check the correctness of the information and sign on paper.
Children and divorce
Otherwise, you have to act if you want to part with a person who already has children. In particular, if they are minors (or not emancipated).
In such circumstances, finished samples of divorce applications must be sent to court. Which one?
Divorces in the presence of citizens of children involved in magistrates' courts. Paper will have to be sent here, if a division of property is required.
Where to get
Many people wonder where to get a divorce application form. There is no definite answer. It all depends on the situation.
Most often, the corresponding paper is printed in the registry offices already filled out. But a statement can be requested in advance. Or download it on the public services portal.
Divorce lawsuits are usually written on their own. It is allowed to use ready-made templates, which are either downloaded to the computer in advance using the official websites of the courts, or issued directly to the judicial authority.
Today there are 3 typical forms of requests for divorce accepted by registry offices. Next, we will consider each of them.
Mutual agreement
Let's start with the simplest - with a divorce, not burdened by children, claims and property. In this case, you can safely go to the registry office, agreeing in advance with your spouse.
In such circumstances, a divorce application is used in form No. 8. This is a kind of basis for all other requests of this type.
Here indicate:
- F. I. O. husband and wife;
- citizenship;
- date of birth;
- registration;
- passport data;
- information from the marriage certificate.
At the end of the request are the date of its submission and the signature of both parties. Everything is extremely simple and clear. Data can be entered both by hand or using a computer. It is this form that is often issued to spouses in the registry offices already completed.
Without agreement
In other cases, citizens must fill out form No. 9. Samples of applications for divorce are presented to our attention. As you can already see, these forms are not much different from each other.
If one of the spouses does not agree to a divorce, you will have to use a different request form. In it, in addition to the previously listed items, it is necessary to indicate the reason for contacting the registry office. More precisely, a reason for terminating officially registered relations. In addition, there is form number 10. It almost completely coincides with the form number 9.
Lawsuit and divorce
But what if there is a need to go to court? Then, as practice shows, it is necessary to independently draw up a competent sample of the statement of claim for divorce.
Such paper, as a rule, indicates the following data:
- F. I. O. of the parties;
- a description of the situation in the family;
- passport details of the parties;
- common property;
- the presence of children and their living conditions;
- reason for divorce.
At the very beginning, data on the court to which the paper is submitted are indicated. Nothing incomprehensible or special. Drawing up a sample application for divorce through the court or through the registry office is not the most difficult task. Direct termination is a lot more trouble. Especially if the parties cannot agree among themselves on the division of property and on the procedure for children to live.
Structure
It is worth remembering that all samples of applications for divorce have almost the same structure. With its help, you can create paper yourself. But doing so is not recommended. In particular, if a citizen decides to apply to the registry office to terminate official relations.
A sample application for divorce from children (and without them, too) includes:
- "cap" (upper right corner, information about the body receiving the request is written);
- name;
- the main part;
- appeal (request for divorce);
- Appendix;
- conclusion.
The structure is simple. As practice shows, a sample application for divorce through a court without fail includes an application. This is a list of papers attached to the request. When divorcing through the registry office, this item is missing.
Terms of consideration
How quickly does termination of officially registered relations take place? It is easy to guess that the answer depends on the situation.
For example, a divorce through a registry office implies a month of waiting. This period is given to reflect on the decision. Within a month, a divorce application can be withdrawn. And, accordingly, refuse to break off relations with a spouse.
If you have to go to court, then on average about 3 months are spent on the operation. So much is allocated for the reconciliation of the parties. But there are exceptions. Sometimes a divorce proceedings is delayed for six months or more. Indeed, the operation requires both the presence of the husband and wife at the meeting.
Cost
How much does it cost to submit a finished sample of an application for divorce to a particular authority? The amount of the duty varies from time to time. She's rising. Therefore, it is recommended to clarify the information immediately before the separation from the spouse.
Today, a divorce through a registry office requires 650 rubles. This is the easiest option. In case of unilateral divorce, they pay 350 rubles. This is the cost of an established form certificate for each party.
In the case of the division of property, it is difficult to name the exact amount of the fee. This indicator depends on the value of what was acquired in the marriage. Minimum have to pay 400 rubles, a maximum of 60 thousand rubles.
If it is necessary to apply for a divorce without dividing the property, but through a court, the fee will be 1300 rubles. This is a fairly common practice.
Myths and legends
Some claim that now the fee for filing an application for divorce (without or with children) is 30,000 rubles. And someone assures that a similar amount will have to be paid for divorce in the coming years. But is it really so?
No. The fact is that a similar measure to combat divorce was discussed, but it was not supported. Therefore, such high fees for the usual dissolution of marriage do not take place.
About Documents
What papers are useful for divorce and for filling out relevant applications? As you might guess, the exact answer directly depends on the circumstances of the operation.
If you act through the registry office, you will need:
- passports of the parties;
- certificate of registration;
- completed application;
- Marriage certificate;
- check on payment of duty.
In other situations, additionally require:
- birth certificates of children;
- income statements;
- certificates of ownership;
- prenuptial agreement (if any);
- evidence of your position (for example, photos and videos, but not necessarily).
As practice shows, in real life it can be difficult to get a divorce. Especially in the presence of children. But if you prepare in advance, then you can solve all the conflicts that arise in the shortest possible time.
Advice
Samples of applications for divorce were presented to our attention. One could already notice that no special information was indicated in the documents. Minimum information about the parties and about the names that will be assigned after the separation to each of the spouses.
What advice can be given to citizens on completing the study paper? For example:
- when divorcing through the registry office, it is better to entrust the creation of the document to the organization’s employees;
- write data only in legible handwriting;
- if State Services are used, it is advisable to fill out a divorce application on a computer and then print it;
- carefully enter information from documents - the request should not contain corrections or blots;
- write text in block letters (relevant for people with illegible handwriting).
Perhaps this is all. Even a schoolboy can get and fill out a divorce application form. This is not the most difficult task of the divorce process!