Family life is not only a continuous series of positive emotions: love, passion, birth of children, relaxation and entertainment. Domestic problems that arise in the life of any, even the most loving and united family, destroy many marriages.
Two different in nature and outlook on human life, living together, at some point begin to look for shortcomings in each other, trying to understand whether they are ready to live together their whole lives. Some families cope with all problems and retain feelings for life. But many, unfortunately, diverge and start a new relationship with another person.
How can I get a divorce?
A divorce application is the first step to formally breaking up a relationship. In fact, the application is considered a legal action that is performed by one of the spouses, who decided to finally break off relations with their other half. In itself, it requires additional training.
First of all, you need to make a final decision on the break, then collect the necessary documents and draw up a statement. You can file a divorce at the registry office or through the court. The law clearly defines cases of filing an application in both cases. Where to file for divorce, the law will tell.
Divorce is also possible when it is recognized as invalid. Such marriage shall be considered in cases defined by law:
- if during the marriage there was no consent of both parties;
- if at the time of marriage the bride and groom have not reached the required age;
- if one of the spouses concealed the fact of a sexually transmitted disease or HIV;
- if one of the spouses is already married (married);
- if one of the spouses is declared legally incompetent;
- in case of marriage between close relatives.
When a marriage breaks in a registry office
You should apply for a divorce to the registry office in cases where both spouses have decided to break off relations and there can be no talk of reconciliation. Husband and wife must come to a state institution together, it is also necessary to draw up the corresponding application together.
An application for divorce, the form of which is provided at this institution, is filled out by both spouses in the event that property claims have not arisen between them. In addition, in a family that breaks up, there should not be minor children.
For questions of divorce, you should contact the registry office at the place of residence of one of the spouses. Both spouses must be present when applying. The legislation provides for cases when only one of the spouses addresses the registry office:
- if the second is declared legally incompetent by the court;
- if the second is sentenced to a term of more than 3 years;
- if the second is recognized dead or missing by the court.
The application for divorce in the registry office is considered for a month, both spouses must be present during the procedure, in case of absence of either of them, a good reason should be indicated.
Reasons for applying for divorce to court
An application for divorce is filed in court by one of the spouses, if the second refuses for any reason to break off the relationship. It is also necessary to apply to the court if minor and minor children are brought up in the family; if the couple has claims to each other: property, moral, housing.
Divorce petition procedure
Any spouse has the right to appeal to the court with a statement of divorce. In this case, it is necessary to write a statement of claim for divorce, a sample of which is presented in the photo below. A lawsuit can be made by a person on his own or with the help of a qualified lawyer who will help you not only to write it correctly, but also tell you what documents you need to collect to file an application, where to get them and when.
If one of the spouses has additional claims and questions to the other, then they (payment of alimony, division of property, determination of the place of residence of children or a child) can be combined in one lawsuit. In this case, it is necessary to take into account the fact that when combining claims processing time cases may be later, often legal proceedings do not cost one sitting, and the judge needs more time to consider the claims of both parties.
Where to file for divorce, it is necessary to decide based on the situation in the family and relations between spouses. So, in order to divorce through the court, it is necessary to file a statement of claim drawn up in accordance with the requirements of the procedural legislation. Documents are attached to the lawsuit, which are evidence of marriage and the reasons for its dissolution.
The statement of claim is filed at the place of residence of one of the spouses, preferably the defendant. If the other party cannot file a lawsuit at the place of residence of the defendant for objective reasons, you can go to court at the place of residence of the plaintiff. How to file for a divorce in court, you can consult with specialists or read the relevant information in the legislation of our country.
The main points of the statement of claim
The application for divorce for consideration by the justice of the peace must comply with the requirements of the law. First of all, there is an established form for writing a claim, the obligatory clauses of which are information about the parties to the dispute (plaintiff and defendant), the name of the document, the name of the court where the lawsuit is filed, the essence of the requirements, and the articles of legislation on which the party relies on the claim.
Clarifications to the main points of the claim
In the upper right corner of the statement of claim, it is necessary to write the name of the court to which one of the spouses applies to divorce. In the same corner, information about the spouse who initiates the divorce is indicated. In this case, this party will act as the plaintiff, and the second spouse as the defendant. The data that are relevant to the claim include the surname, name, patronymic of the parties, place of actual residence. If it differs from registration, then the place of registration of the parties.
After the specified information in the middle of the document, you must indicate its name - in our case, a statement of dissolution of marriage. If additional requirements are combined in one application, then they must also be indicated in the title of the document.
A statement of claim for a divorce, a sample of which will help to competently draw up a lawsuit, contains information about the marriage itself and about what circumstances led to its dissolution. A mandatory point of claim is an indication of the requirements. In our case, this is a divorce, in some cases, a change of surname, place of residence of children and others. All the changes that you wish to have after the breakdown must be indicated in the lawsuit; the justice of the peace will not independently change her name without the requirements of the party, will not initiate the resolution of property disputes.
The application for the break should include, as a mandatory item, the date the lawsuit is filed, the signature and the transcript of the signature of the party that submits it, as well as a list of documents that are attached as evidence of these facts.
What documents are required to file a claim
All facts that are indicated in the lawsuit must be documented.Therefore, a statement of claim must be accompanied by copies of documents that confirm the identities of the parties, the original certificate of marriage, a certificate of cohabitation. The application is also accompanied by receipts on the payment of the state fee, which is paid before the consideration of the case. A sample application for divorce contains an approximate list of documents that are necessary for filing a lawsuit.
Norms that govern divorce
Divorce, as well as family relationships themselves, are governed by the country's family law. Such legislation includes the Family Code of the Russian Federation, the Civil Code, as well as additional laws, decrees and regulatory acts of the government that regulate family relations. The Family Code is the main source of family law, all federal regulations in this area are adopted in accordance with this code.
Divorce is regulated by Articles 16-25 of the RF IC, which are located in Chapter 4 of this regulatory document. The divorce procedure in court is carried out clearly in the framework of the Civil Procedure Code of the Russian Federation, which defines the main issues for filing a lawsuit, the filing procedure, the timing of consideration, etc.
In which case the spouses are considered divorced
The Family Code clearly defines when a marriage will be considered torn. If a couple applied for a divorce to the registry office, then the couple are considered divorced from the moment of state registration of the gap in the book of the registry office. If the couple applied to the court to resolve this issue, then the divorce will become official after the court decision comes into force.
After this, it is necessary, together with the official copy of the decision, which is issued in court, to apply for state registration of this fact in the prescribed manner. An extract from the court decision is sent to the registry office within three business days after the decision on divorce enters into force. After that, former spouses can apply to this state body for a certificate of termination.
State Duty for Divorce
When applying for a divorce, a state duty is mandatory paid, the amount of which is clearly regulated by tax law. According to the Tax Code, when applying for a divorce, you must pay an amount equal to 400 rubles to the state budget. All details can be found in the court to which the application will be filed, at the stand, in the registry of the court or on the official website of the institution.
Download divorce application form 1
Download Divorce Application Form 2
Download Divorce Application Form 3
