Family relations are regulated by the Family Code of the Russian Federation. It states that every person who has reached marriageable age can marry. In addition, you can get a divorce at any time. This action will lead to the termination of the existence of family ties and the kinship between a man and a woman. But how to file for a divorce? Where is this operation performed? What should everyone know about ending a marriage? It is recommended that everyone know the answers to these questions. Otherwise, serious problems cannot be ruled out during the divorce proceedings.
Where to serve
It is not enough to compile and write a petition for divorce; it must also be submitted correctly. But what bodies in the Russian Federation are engaged in the termination of marriage unions?
You can get a divorce through:
- Registry offices;
- judicial authorities.
In addition, the appeal of the established form is allowed to be submitted electronically. For this purpose, the ESIA "State Services" service is used. Only in such circumstances should the user have an account activated on the portal.
When and where do they go
Applications to divorce courts are filed quite often. Unfortunately, it is precisely this scenario that occurs in most cases. And there are reasons for that.
The thing is that the termination of the marriage in the presence of disputes, as well as minor children, is carried out through the court. And no other way. The application is filed with the magistrates court if there is a common child, but there are no other conflicts. Otherwise, you will have to go to the district judge at the place of registration of the defendant.
The registry offices are divorced if:
- the couple do not have common children and both agree on the process;
- one of the spouses was imprisoned for 3 years or more;
- one of the parties is not against divorce, but cannot be present at the authorized body at the procedure.
Now it’s clear where to turn in this or that case. Through "State services", you can send an application for divorce to the judiciary and the registry office.
Sample for the registry office
And what does the application of the established sample look like? The application for divorce is submitted either electronically or in paper form. No more applications will be accepted by authorized bodies.
The application submitted to the registry office must indicate:
- data of the parties;
- date and place of marriage;
- passport details of husband and wife;
- registration of spouses;
- surnames to be assigned after divorce.
As a rule, forms of established samples can be requested from authorized bodies. All that remains for the citizens is to fill them out or simply check. In the second case, all the actions for entering information are carried out by the registry office employee. Very comfortably!
Important: it is not recommended to write an application for divorce in the registry office. It may not be accepted.
For trial without children
Suppose that peacefully ending the marriage did not work. In this case, you have to go to court. But how to write a divorce application? Terminating a relationship through the court is not so easy.
The first scenario is the absence of children. In this case, it is enough to ask for a divorce in the application, and then describe what is happening in the family picture. For example, the presence of property disputes, as well as their claims.
It is not necessary to indicate the reason for the termination of the marriage. Nevertheless, the judge can clarify why the couple decided on such a step.
Divorce in court if there are children
A sample divorce statement is presented below. This document, as you can see, is not much different from the lawsuit to terminate the marriage union in the absence of children.
It is also customary to indicate your requirements and describe the situation in the family. An important point is to provide information on the appointment of alimony and determine the place of residence of minor children.
Application to the registry office after the trial
Another option for applying for a divorce is a petition for a divorce certificate. This document is compiled manually and submitted to the registry office after the trial.
Such paper serves as the basis for the issuance of a state certificate. REGISTRY OFFICES at its submission only fix the decision made by court. And on the basis of this draw up a certificate of the established form. Each spouse will be able to receive after a certain time.
Electronic form
A petition for divorce can be filed remotely. And in the registry office too. We are talking about using the portal "State Services" for the implementation of the task.
All that needs to be done is to find the service “Filing an application to the court” or use the option “Filing an application to a registry office for divorce.” As soon as the user clicks on the "Receive" button, an electronic form will appear in front of him. This is the statement.
It is based on two principles - the choice of an answer from the proposed ones and the entry of information about a citizen in specially designated fields. Part of the data will be automatically copied from the "My Account" to ESIA. The relevant information can be edited at any time if desired.
Application Structure
We have already reviewed a sample application for divorce through a court. If desired, this document can be written manually from scratch. But how?
It is necessary to observe a certain structure of the document. Without it, the application may not be accepted by authorized bodies. The lawsuit must contain:
- a hat;
- name;
- the main part;
- conclusion;
- list of securities attached to the application.
All this will help to write a competent and correct lawsuit. If problems arise during the implementation of an idea, a citizen can turn to a notary or a lawyer.
Documents for the registry office
Suppose the application for termination of the marriage is ready. But it needs to be filed correctly. Without a specific package of papers to cope with the task is not possible.
Need to get a divorce through the registry office? Then the application will have to be supplemented:
- passports of the parties;
- by check on payment of the transaction fee;
- certificate of marriage.
In some cases, the following papers may come in handy:
- the court's decision;
- death certificates;
- power of attorney from the absent spouse with consent to divorce;
- death certificate of a spouse;
- certificate of the stay of the husband / wife in prison.
In reality, everything is simpler than it seems. Divorcing with the right approach to solving the problem will not be difficult. In any case, if the parties have neither children, nor property conflicts.
Help for the court, if there are children
The most problematic is divorce in the presence of common or adopted minors. Often it is this scenario that takes a lot of time and effort. Especially if spouses cannot "divide" the children.
At the moment, to file an application for divorce in court, you need to prepare:
- set claim;
- claimant's passport;
- marriage certificate;
- certificates of birth or adoption of common children;
- income statements;
- extracts from the place of residence;
- characteristics from the place of work and / or study;
- certificates indicating the deviant behavior of the defendant;
- extracts about the state of health of the parties;
- documents of ownership or use of housing;
- any materials that can indicate the danger of children staying with one or another spouse;
- witness's testimonies.
All this will definitely come in handy in court. Practice shows that children usually stay with their mothers. And men will have to pay child support. To request them along with a divorce, it is recommended that you attach a calculation of the cost of the child.
Important: if the husband and wife do not have conflicts, it is enough for them to apply to the court with a lawsuit, marriage / birth certificate, as well as peace agreements. This technique will significantly speed up the entire operation.
Documents in resolving property disputes
An application for divorce may also be filed in court in the absence of minor children. For example, if one of the parties does not agree to terminate the relationship or if there are property disputes.
By law, all jointly acquired property is divided between spouses 50/50. Unfortunately, this is not always possible to achieve. In such cases, you need to go to court.
It is recommended to have:
- application for termination of marriage;
- passports of the parties;
- marriage statements;
- checks and receipts confirming the acquisition of property in a marriage;
- any documents indicating that the property can be recognized as general / personal;
- title documents for objects purchased during officially registered family relationships.
Based on the submitted materials, a decision will be made on the divorce and division of property. If a marriage contract was concluded between the parties, it will also have to be attached to the application. Otherwise, serious difficulties may arise during the consideration of the case, and the decision made by the court will be unlawful.
Conclusion
We figured out how to file and write a divorce application. It is not as hard to do as it seems. Especially if you hire an experienced family lawyer.
You have to think about filling out a divorce application through a court, but you can take the divorce form at the registry office ready. All that remains for a citizen is to enter his data into it.
Divorce in the Russian Federation is not free. In court, 350 rubles are paid for termination of the marriage, and only 650 rubles for the application filed jointly with the registry office. The first payment must be made by each spouse when drawing up their copy of the divorce certificate.