Divorce by mutual agreement. Divorce of spouses without children without property Divorce proceedings without children

According to statistics, the number of divorces in Russia every year exceeds the number of marriage registrations by 5,000 cases. This happens for various reasons: the fading of feelings, harmful addictions, his or her infidelity, etc. But not every breakup of a family is accompanied by a mutual desire to divorce. Sometimes one of the spouses does not want a divorce, and the second puts up with such an outcome, because he does not know his rights and opportunities. However, there is a way out of any situation! You can divorce your husband or wife without their consent.

Is it possible to get a divorce if the husband or wife is against divorce

Most marriages are formal. And it just so happens that a person who does not go into the details of family law is sure that divorce is possible only with the consent of the second spouse. Because of this, many couples simply “break up”, without dissolving the marriage and waiting for the moment until the other side gives consent. But you can not force a person to be married against his will, so you can achieve a divorce! Only the method of dissolution of marriage depends on consent.

Dissolution of marriage in a judicial proceeding is carried out if the court establishes that the further joint life of the spouses and the preservation of the family are impossible.

Article 22 of the Family Code of the Russian Federation

The duration of a divorce in such cases and its complexity depend on many different nuances:

• the presence of children;
• obstruction of the process;
• the possibility of reconciliation;
• territorial location of the spouses.

Is it possible to dissolve a marriage through the registry office if the spouse does not agree

You can get a divorce through the registry office if:

• spouses do not mind;
• no common children under 18;
• Both spouses are capable.

If the spouse is alive, law-abiding and of sound mind, but does not want to get a divorce, then you cannot get a divorce through the registry office.

Alsou Urazaeva

Divorce through the court without the consent of one of the spouses

In case of divorce through the court, the consent of the second half is not necessary. This procedure is always possible, except in the following cases:

• if the plaintiff is a husband and the wife is pregnant;
• if there is a child under 1 year old;
• if the child was born dead, but a year has not yet passed since his birth.

Important: in case of pregnancy or having a child (under 1 year old), the court will not take into account the fact that the husband is not the biological father.

How to start divorce proceedings

The suit for divorce can be referred to the court at the place of residence of the second half. Only sometimes at the address of the applicant:

• if a minor child lives with the plaintiff;
• if there is a certificate of the impossibility of leaving due to health reasons.

Example: a wife filed for divorce, but her six-year-old son lives with her. In this case, she can apply to the court in her place of residence. Or the applicant is a husband, but he has a broken leg (there must be a doctor's report), then he can take the application to his place of residence.

Dmitry Melnikov

If the address of the defendant is unknown, then you can apply to the court at the last address where he lived.

Video: how a divorce works in court

When they can divorce in the magistrate's court

If there are no disputes about alimony and property, a divorce suit is filed with a justice of the peace, who can:

• satisfy the claim;
• adjourn the hearing for 1 month;
• refuse satisfaction.

The court cannot change the jurisdiction at the request of the husband (wife). An application containing alimony requirements or a division of property must be applied to the district court.

What documents are needed to file a claim

In order not to waste time, you need to prepare in advance:

• statement of claim (2 copies);
• claimant's passport;
• marriage registration certificate;
• a receipt confirming the fact of payment of the state duty (650 rubles);
• birth certificates of common minor children (copies certified by a notary may be used);
• a certificate of family composition (if the children live with you);
• marriage contract (if any);
• certificates of income of both parties (if the issue of alimony is considered);
• documents on the property of the plaintiff (if the issue of division of property is considered).

If there are no children and joint property, the judge pays special attention to the completeness and reliability of the attached documents. The court may not accept the claim for consideration if there are serious violations in it. Yes, it must contain:

• the name of the judicial body;
• information about the plaintiff and the defendant (passport data, actual address and registration, contact numbers, etc.);
• the reason for the divorce;
• list of applications;
• date and signature.

Features of divorce, when one of the spouses does not agree to it

Each divorce has its own subtleties, on which the further course of events and the duration of the procedure depend. Often everything is decided by the chosen course of action.

Example: the initiator of the divorce and the division of property was the wife, and the husband was against it. In the application, she wrote the reason “We didn’t get along” and “forgot” to attach some documents. The defendant has read the copy of the claim and other documents. After that, he filed a counterclaim indicating the reasons “Alcoholism of the spouse and violation of the terms of the marriage contract”, and also attached the necessary medical certificates and documents on the property that belonged to him before marriage. The result was the satisfaction of the counterclaim. The division of property did not bring the plaintiff anything.

Ksenia Artyushkina, lawyer

Usually applications for divorce and division of property are filed simultaneously or both requirements are contained in one application. But if property issues concern someone else (third parties), the court may decide to consider a specific case in a separate manner. For example, the court divorces the spouses, and considers the issue of division of property at other times.

Duration of divorce

The duration of divorce proceedings depends on jurisdiction. If the claim is filed in the Magistrate's Court, then the first hearing date is set (after 30 days). Spouses receive subpoenas in the mail. If both agree, then in a month a court decision on divorce will be sent to the registry office.

If one is still against the divorce and believes that reconciliation is possible, the judge sets a time limit for reconciliation (up to 3 months). If during this time the couple does not reconcile, she will be issued a divorce. But the dissenting party can buy some more time if it has time to appeal the decision within 30 days.

In district courts, the situation is a little different, a hearing can be scheduled after 2 months from the date of filing the claim.

In cases where both did not come to the meeting, the marriage is considered saved and the case is closed. If only one does not appear, the court will consider the case without him or set a new date. But if the defendant does not come three times, then the decision on divorce will be made automatically.

Divorce procedure with children

When there are small children in the family, the divorce procedure becomes somewhat more complicated. Firstly, more documents are needed than under normal circumstances.

Package of documents for a child:

• birth certificate,
• residence confirmation,
• certificate from school, etc.

Secondly, the court will take into account the interests of the child. If the parents have not agreed on the children amicably and have not recorded the agreement with a notary, then the question of their future upbringing will be considered in court.

Most often, the court takes the side of the mother and the children stay with her after the divorce.

Alsou Urazaeva

It is important to know that the issue concerning the future of children, the court can separate into another proceeding and consider it separately from divorce. The further future of children is also determined by the court. When making a decision, many factors are taken into account:

• material security of the parties;
• personal (moral) qualities of parents;
• attachment of the child to one of the parents (relatives);
• conditions offered to the child in the future;
• the type of activity of the parents (work schedule, etc.).

Many people think that material well-being will play a decisive role, but this is not so.

Example: during a divorce, an 11-year-old child remains, the father demands that the son stay with him, as he has more money, a better apartment, an expensive car, a well-paid job, etc. The court took into account the child’s desire to stay with his mother and grandmother, the presence they have a private house (the best environment), which is located near the school. And also the mother of the child provided medical evidence that the ex-husband abuses alcohol. The child stayed with the mother.

Oleg Babkin

The court decision is made on the basis of a combination of factors that should provide the child with normal upbringing and conditions for development, since the interests of children in such cases are a priority.

Video: how to divorce spouses if he (she) does not give consent

So, it is impossible to get a divorce through the registry office without the consent of the other party. If one of you is not eager to divorce, the application must be carried to the court. He will dissolve the marriage, because one cannot force a person to be a husband or wife against their will. If there are small children in the family, then the court will also determine their future. In any case, they will try to set a deadline for reconciliation. Do not neglect it, this is additional time when you can reconsider your decisions again.

To speed up the divorce process, spouses ask themselves the question: what documents are needed for a divorce? A complete list of documents for divorce is one of the conditions dissolution of marriage as soon as possible.

Standard list of documents required for divorce (application, passports, marriage certificate, receipt of payment of state duty) may be expanded and changed depending on how the divorce occurs: or. The list of documents is also affected by the presence or absence of additional requirements related to divorce.

Types of divorce

Depending on the relationship between the spouses, whether they have consent to the division of jointly acquired property and other factors, divorce can be carried out in one of two ways - through the registry office or through the court. The latter also involves visiting the registry office to register the court decision in the act book and obtain a divorce certificate.

• SK (Family Code) of the Russian Federation provides for the dissolution of marriage simplified form. If the husband and wife do not want to live together, do not have children, or their offspring have reached the age of 18, applications from the spouses will be accepted by employees of the registry office (part 1 of article 19 of the RF IC).
• One of the spouses can simplify the divorce even if the family has a common child, and the consent of the other half cannot be achieved. It is possible to dissolve a marriage through the registry office without confirmation of a spouse recognized as incapacitated, missing or imprisoned (part 2 of article 19 of the RF IC).
• In all other cases, you will have to file a claim and the required documents to court using a more time-consuming and labor-intensive procedure. Circumstances forcing such actions will be the presence common children, disputes over their place of residence, lack of consent one of the couple for a divorce or division of common property (Article 21, Article 22 of the RF IC).

If the spouses who want to dissolve the marriage and are raising a child have no disagreements, the court will divorce them quickly without explanation(Art. 23 RF IC).

Documents for divorce through the registry office

The easiest way to get a divorce is if both parties want it and they have no children. The package of documents in this case is also minimal. After submitting the application, a month will pass before the registry office employee makes an entry in the divorce register.

List of documents

If documents are submitted to the registry office after the divorce took place by a court decision, that is, to obtain a certificate of divorce, then an extract from the court decision must be attached. In this case, an application for divorce must be filed according to the established.

Submission of documents

Spouses dissolving a marriage should take into account the following nuances:

• deliver documents and sign personally. If, with the mutual consent of the couple for a divorce, one of the spouses fails to be present at the filing of documents, he writes applications with a request to accept them and certifies him by a notary;
• An online divorce filing service can help make amicable divorce easier. Spouses must be registered on the State Services website. They need to fill out an application form (each in their personal account), indicate the details of all necessary documents (passports, SNILS, marriage certificates), pay the state duty (you can also online). The divorce will take place within a month.

Documents for divorce through court

The documents that need to be submitted to the court are divided into mandatory and additional, which may be required. under various circumstances and in different regions. Before submitting an application, it is better for the interested party to clarify their list. If the spouses do not have disagreements about children, as well as property disputes (or the value of the divisible property does not exceed 50,000 rubles), then they should contact to the world court. In this case, the dissolution of the marriage will occur at least a month after the first appeal.

If spouses have disputes about children or share property worth more than 50,000 rubles, then documents must be submitted to the district judicial authority, and the clerical process may drag on.

• Answer a few simple questions and get a selection of site materials for your occasion ↙

What's your gender

Choose your gender.

Your response progress

List of documents

1. Statement of claim asking for a divorce. It can be drawn up in a more formal way, if both spouses agree, or with a detailed indication of the reasons and circumstances, if the initiative comes from one of them. The latter is necessary in order to convince the court to dissolve the marriage, because the judges will try to save it.
2. Originals civil passports spouses (or only the plaintiff, if the desire for divorce is not mutual).
3. Copies of children's birth certificates(if there are children under the age of majority).
4. Information about the composition of the family or an extract from the house book of the plaintiff (if the documents are filed with the court at his place of residence) or the defendant (respectively). It is not required in some regions. Sometimes it is necessary to provide extracts from the places of registration of both spouses, this point must be clarified directly in court.
5. Original marriage certificates.
6. Payment receipt. Its amount will vary depending on the circumstances of the divorce.

If one of the spouses is not able to attend the court session, but is ready to divorce, you need to attach it application for divorce. This will help speed up the divorce process.

Filing for divorce through court

When applying to the court, you should pay attention to the following nuances of filing documents:

• The party seeking a divorce should file a lawsuit defendant's place of residence.
• In some cases, it is allowed to apply to the local court of the region (city, district) in which the initiator of the process is registered. Among them:
  • residence of common minor children with the plaintiff;
  • Simultaneous with the requirement for a divorce, a claim for the recovery of alimony;
  • poor health of the applicant.
• Magistrate's Court will consider the claim if the spouses have an agreement with whom the children will live; the question of the division of property is not considered, or the division of property is supposed to be in the amount of 50 thousand rubles. A combination of these conditions must be observed.
• In other cases, the case will be considered district court.
• Documents can be submitted to the secretariat not only in person, but also sent by mail or transmitted through a representative who has a power of attorney from the plaintiff for such actions.

Example. M. and N. got married after M. gave birth to a child from N. There was no information about the father in the birth certificate of the baby. That is, it turns out that they have a common child, but formally they do not have joint minor children in marriage. M. wants to get a divorce and demand alimony from the child's father. In this case, you can do this. If the spouse agrees to a divorce, you should submit documents to the registry office (joint application, present passports, bring the original marriage certificate). If he does not agree, he will have to go to court.

Before filing a claim for alimony, it is necessary. If the spouse does not recognize that he is the father of the child, then the court can establish paternity on the basis of a genetic examination or other evidence. Establishing paternity can be done before the divorce (then the dissolution of the marriage will take place through the judicial authority) or after it (in this case, you can quickly divorce through the registry office).

Alimony can only be claimed after the recognition of a man as a father child. If paternity is established before the divorce, then a combined claim can be filed with the judicial authority - for divorce and alimony.

Conclusion

• Two instances can divorce spouses: a civil registry office or a court (global or district).
• To dissolve a marriage through the registry office by mutual agreement, a minimum of documents is required:

Usually, a divorce goes through the registry office, where, by mutual agreement of the spouses, the process goes quite quickly. But there are several cases when the divorce procedure can only be carried out through the Magistrate's Court, even if the couple is without children. Situations when, in the absence of children, you will have to turn to a judge to obtain a divorce:

• when someone alone (husband or wife) does not want a divorce, and judicial representatives do not have the right to dissolve the marriage at the first meeting unilaterally, even if the couple is without children;
• if one of the divorcees does not go for a divorce or his location could not be determined;
• if there are property disputes between spouses, even if there are no children.

If there are no children, which court to go to?

Unilaterally, the procedure for filing a claim takes place in the Magistrate's Court, which is located at the address of the defendant's registration. If it is not possible to find out his place of residence, then the application should be submitted to the court, which is located at the last address of the defendant's registration.

There are several reasons why a plaintiff may be eligible to file an application for a Magistrate's Court at their own registered address:

1. due to health reasons, he cannot attend the court, which is located at the address of the defendant's registration and submit documents;
2. the defendant was declared legally incompetent by the court, disappeared somewhere unknown, he was sentenced to imprisonment for more than 3 years.

Any divorce procedure can take place in the magistrate's court.

But if a married couple cannot disperse by agreement and agree on a peaceful division of property received in a marriage without children, the amount of which is more than 100 thousand rubles, then the divorce procedure will be launched for consideration in one of the judicial bodies of general jurisdiction: city judicial or district body of the subject of the Russian Federation.

How is an application made and submitted to the court?

Before filing a claim for divorce, you need to fill out a form in which you should explain all the reasons for the divorce and attach mandatory documents to it, which also indicate that the couple is without children. When filling out the form of a claim to the Magistrate's Court, you should indicate in the header of the form:

• judicial district - its number;
• f. and. o, place of residence and telephone number of the applicant;
• f. and. o., address of registration and telephone number of the defendant.

On the form itself, indicate:

• The date the marriage was registered;
• Name of the defendant;
• date until which they lived together;
• information about past marriages, if any;
• reason for divorce. There is no need for emotional stories here, it is enough to briefly indicate: they did not agree on the characters, cheated, there was assault, etc .;
• if the property was divided by mutual agreement, then write this.

At the end of the form, you must indicate the list of documents that is attached to it and sign it, indicating the date of submission. When submitting applications to a judicial body of general jurisdiction, it is necessary to describe in detail the essence of the disagreements that arose between the spouses, as well as provide evidence why you should get this property in the absence of children. Rice. An example of a divorce petition

What documents are attached to the application for a divorce without children?

The law does not provide for documents that must be attached to the application. Usually in the office, after reviewing the case, they inform you what documents you need to attach to start the divorce procedure.

Mandatory papers for divorce through a lawsuit:

• application according to the model required by the Magistrate's Court;
• the plaintiff's passport, if it is not possible to submit the passports of both divorcees;
• marriage certificate;
• a check certifying the payment of duty to the state.

Additional documents, taking into account the circumstances in which the couple wants to file a divorce through the courts:

• a power of attorney, if other people are present in court instead of those who are divorcing;
• application for the division of common property, and payment of the state fee on this issue;
• documents on the peaceful division of joint property;
• a court decision that the defendant disappeared without a trace or that he was declared incompetent;
• a court judgment that the defendant is serving a prison term of more than three years.

What are the stages of a divorce through the courts?

1. A lawsuit is filed unilaterally with the Magistrate's Court. Documents are attached to this claim. Consider such an application no more than 1 month. However, there are reasons why the judge may not accept it in proceedings (more on them below).
2. If the claim is accepted, then the next step will be to set the date and place where the divorce procedure will take place. Both divorcing spouses will be notified of this in writing.
3. Subject to the presence of both divorcing parties and by their mutual consent, a divorce can take place at 1 hearing if they do not have children. If the defendant does not come to the hearing for an unexcused reason, then the divorce procedure is postponed indefinitely.
   

   Or if the judge sees at least a small chance of preserving the family, then the divorcees will receive a trial period of up to 3 months.

   If at the end of this period the divorcees do not come to the divorce proceedings, then this will be unilaterally regarded by the judge as a sign of reconciliation and the divorce procedure in their case will be terminated. Spouses themselves can write a statement, notifying through it of their reconciliation.

4. If the reconciliation did not take place, then the date of the next trial is set. In the absence of one of the divorced persons at the meeting, the judge postpones the court procedure to another date. This is possible within two to three months, after which a decision is made to approve the divorce unilaterally, provided that the plaintiff has not changed his demand and there are no common children. When dividing property through a court, the procedure can take up to 4-9 months. Since an important step is the valuation of property, which requires a long time.
5. After the decision is made by the judicial authority, it enters into force;
6. Both parties are given copies of the court decision, even if the decision to divorce is made unilaterally;
7. After the end of the court procedure with a copy of the decision, you should contact the registry office to register the divorce.

Can a divorce suit without children not be accepted?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to know how to solve your particular problem, please use the online consultant form on the right or call the free hotline:

The application may be returned to the plaintiff if:

• the established pre-trial procedure, which is reserved for the settlement of disputes amicably, was not observed by the plaintiff;
• an application has been filed with a judicial authority that has no jurisdiction;
• the plaintiff is deprived of legal capacity or the claim was filed by such a person;
• the application was submitted by a person who was not authorized to do so;
• the same case is currently in the proceedings of the arbitration court;
• the plaintiff wrote another application for the written claim to be returned to him. This is possible only on the condition that it has not yet been accepted into production.

The plaintiff's application will remain without "movement" if:

• there are shortcomings in content and form;
• there is no complete information on the case;
• there are no documents required for consideration of this claim.

The court must notify the plaintiff of any of its decisions. If the application hangs without movement, it will be proposed to correct it or supplement the documents in accordance with the requirements of the judicial procedure.

Will they divorce without a defendant?

If the defendant was notified in writing about future meetings, but intentionally ignored the court procedure three times, then a positive decision will be made on the plaintiff's claim for a divorce without children unilaterally.

Many defendants believe that if they ignore the sessions of the world court, then no one can divorce them. But this opinion is wrong.

In the magistrate's court, a divorce case without children is given two months, and in courts of general jurisdiction - three. After the expiration of these terms, the judge makes a decision - to satisfy the plaintiff's claim or fixes the reconciliation and dismisses the case. But reconciliation is possible only with the consent of both parties. In other situations, the couple divorces unilaterally.

What is the cost of a divorce without children?

It is known that a divorce without children through a judicial procedure is quite an expensive pleasure. Therefore, you should find out in advance the cost of state fees and additional services of notaries and lawyers, who will undoubtedly play an important role in your divorce process.

The cost of the divorce process consists of the following amounts for services:

1. State fee, which must be paid when applying for a divorce. In 2015, its size is 600 rubles.
2. The state fee that must be paid when filing a claim for the division of common property. This amount is calculated through a special formula, based on the value of the claim, that is, the amount that the plaintiff wants to receive from the defendant.
3. Notary services are required for certification of documents. For example, agreements between spouses or when issuing a power of attorney to another person who will represent the plaintiff or defendant in court.
4. The services of a lawyer are necessary when drawing up a claim, preparing documents for meetings, participating in court hearings, writing and filing an appeal, petitions, etc. There is no single cost for legal services. The higher the qualification of a lawyer, the more his services cost. You can pay for individual legal services, while doing something yourself. And you can use the turnkey divorce service, which is provided by some law firms. This service represents the management of the entire divorce process.

If the divorce of spouses without children by mutual agreement and there is no dispute about the division of property, then the cost of the divorce process will cost them only 600 rubles. Under other circumstances, the cost of the divorce procedure can be very high.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write a question in the form below:

Sometimes, a few years after the marriage, it becomes clear that the family did not work out. Divorce is often associated with various difficulties: it is necessary to determine the future fate of the children, to divide the acquired property. However, it also happens that there are no such circumstances in a divorce. To act in strict accordance with the law, you need to learn more about how to act correctly in such a situation.

If the marriage has exhausted itself and the spouses seek a divorce, they have two options:

1. To issue a break in relations by conducting a procedure in the registry office.
2. To carry out the termination of marriage, having passed the judicial procedure.

What exactly to do - depends on compliance with certain requirements. Having ensured the fulfillment of the following conditions, it is enough for divorcees to apply to the registry office:

1. During the years spent in marriage, the husband and wife did not give birth to children.
2. Both parties have a common desire to end this marital relationship.
3. Arriving at the institution, both parties must express their desire to get a divorce. The situation when only one of them thinks about it, but the consent of the other is not received, excludes this method of registration.
4. After applying to this institution, a period of time is given, allowing for some more time to think about the advisability of ending the marriage. After the expiration of the period, both former spouses or one of them must come for the completed documents.

It is allowed that the situation is not considered with the participation of the husband and wife, but through the actions of representatives. They require the appropriate authorization.

If these rules are not followed, the case is subject to consideration in the magistrate's court. When the husband demands a divorce, but this does not suit the wife, or vice versa - the wife insists on ending the marriage, and the husband does not want this, then you will have to file an application with the court.

Where exactly to apply depends on where the defendant lives. The claim is filed at his place of residence. As such, the place where he has a permanent registration is considered, and not where he currently lives. In some cases, a different order of jurisdiction may apply. This may be due to the state of health of the plaintiff. If it is necessary to go to another city to resolve the issue of divorce, but the spouse initiating the divorce case is unable to travel there due to illness or injury, then the jurisdiction can be changed accordingly.

Order, procedure and nuances

If the husband and wife are not ready to appear together at the registry office for the registration procedure, then the only remaining option is to go to court. For the situation when the court is considering a divorce, there are no separate rules for considering the case.

Before resorting to legal action, it will be useful to try to resolve the case by mutual agreement. If you manage to achieve an agreement, then this will reduce the time and effort that will be spent on a divorce.

Read also:

The procedure must be carried out in accordance with the following scheme:

1. Before starting the proceedings, it is important to determine which judicial institution you will need to apply to. They file a lawsuit in the world court there, a permanent registration of the spouse with whom they plan to divorce is issued.
2. Gather all the necessary documents to apply to the court and fill out a statement of claim. It is permitted to apply for permission to consider this issue by the court without the presence of the plaintiff.
3. It is permissible to file a claim not only on your own, but also by sending materials by mail. If it is decided to use the latter option, then it is important to accurately indicate the address where the package of documents is sent and the one that is intended for the plaintiff to receive letters and documents from the court.
4. When applying, it is possible that the court will point out shortcomings in the filed claim that need to be corrected. In this case, the corresponding documents will be sent to the specified address for correspondence.
5. The Magistrate's Court will determine the date when the hearing will be carried out and will send a summons to the plaintiff.
6. Attendance at the meeting is mandatory. After a repeated absence, it is possible that the court will consider it possible to leave the issue of divorce without consideration. An exception is possible only for the situation when a request was made to consider the case in the absence of the plaintiff.
7. If the meeting was held in accordance with the consideration procedure and the decision on divorce was made by the court, then you need to wait 30 days after its adoption until the moment when it comes into force. After that, the relevant document must be picked up.

The decision taken by the court must be transferred to the registry office to obtain a certificate of divorce. The other party can receive a document confirming the termination of the marriage at any time when he comes to the registry office.

The result of the process can be several options for the decision made:

• implementation of the termination of marital relations;
• if one of the spouses decides to change their mind, this will lead to the termination of the judicial procedure:
• the judge may, on his own initiative, decide that the spouses may not yet be ready to end the marriage and give them additional time to think.

In the latter situation, the period of time should be no more than three months. It is possible that the husband and wife will decide that they were in a hurry with the divorce and change their minds. In such a situation, the case is terminated. If they are firm in the decision to terminate the marriage, then after the end of the allotted period, they again come to court and an appropriate decision is drawn up.

In case of incapacity for work of the wife or husband, the issue of alimony for them can be resolved simultaneously with the divorce. This is possible, for example, when one of the parties to the divorce proceedings is a disabled or very sick person.

How is a claim filed and filed?

If a lawsuit is filed with the court, then this document must meet the requirements for this type of document. The rules are set out in articles 131 and 132 of the Civil Procedure Code of the Russian Federation.

Read also:

Divorce, carried out in court in the presence of children in the family

If this is not the case, the court will not accept the claim for consideration.

It is important to note that when dissolving a marriage, no special form is used for this document - it must be written in accordance with the rules common to these documents. They are as follows:

1. At the top of the document being drawn up, the exact name of the judicial institution where the statement of claim will be filed must be written.
2. You must provide the personal information of both divorcing spouses. Their surnames, names and patronymics will be required. Information about the place where each of them lives is also needed. You need to add an address to which the court can send correspondence when necessary.
3. The following is a detailed account of the actual state of affairs in the life of the spouses. It is necessary to reflect: do they live together, what are the reasons for the termination of relations, data on marriage, confirmed by indicating the details of the relevant documents.
4. This part of the claim requires substantiation of the decision to terminate the marriage. Here the reasons for the decision are stated, arguments are given confirming the impossibility of preserving the marriage.
5. The plaintiff's claim must be stated.
6. The list of documents that are submitted in one package with the application is indicated.
7. The date of writing the claim and the signature of the author of this document are put.

Writing paper is possible by hand, but this is not a requirement. It is allowed to fill out the document using a computer. After it is printed, the plaintiff will have to put a signature on it.

Although such a document can be issued independently. You need to know that if it is illegible or there are errors in its design, the most likely outcome of its submission may be that it is left without consideration by the court. If there is such an opportunity, then it is better to entrust the preparation of the document to an experienced lawyer.

Divorce is a difficult and painful procedure. In such a judicial review, personal data may be released, causing pain to the parties to the divorce. In this regard, it should be borne in mind that the lawsuit may not indicate the reasons of a very personal kind, it is enough just to write that the spouses did not agree on the characters or something similar.

List of documents

If the parties resort to litigation for divorce, then a package of documents must be submitted. It should include:

1. The statement of claim must be submitted in two copies. The second of them is needed for transfer to another spouse.
2. It is necessary not only to have a passport with you in order to prove your identity, but to prepare a copy of it, which is necessary for the court.
3. You will need a document that confirms the existence of marital relations between the spouses. In most cases, we are talking about a marriage certificate. Sometimes it may be missing. In such a situation, it is enough to bring a certificate of marriage from the registry office.
4. When filing a claim, a state fee must be paid. The package of documents must include the original receipt confirming the fact of payment.
5. The list should also include some additional documents, if they are necessary to substantiate the claim.

When paying the state duty, you need to correctly specify the payment details. It is advisable to clarify them in court before making a payment.