What documents are needed for a divorce

The content of the article

• How to file for divorce
• If there is a child
• What documents are needed
• Through the registry office
• Through the court
• Unilaterally
• How to apply
• In the registry office
• To court
• In another city
• Through the Internet
• State Duty Size
• Divorce procedure
• Video about the registration of a divorce
• List of documents
• Divorce proceedings

Divorce proceedings have legal status and are regulated by the Family Code of the Russian Federation. It is carried out through the district registry office or in the courts. Those who are faced with this difficult and not very pleasant process need to know what documents are needed for a divorce. Let’s look at the nuances of the composition of the package of necessary securities for specific cases, find out what is the size of the state duty, how the divorce procedure itself goes.

How to file for divorce

The official divorce is carried out by two state authorities: the court (district, city, world) and the regional registry office. In the second institution, a divorce is executed upon mutual desire, at the initiative of one spouse, when the second is declared missing or incompetent, has been serving a sentence for a crime for more than three years. The courts consider claims from spouses who have property claims against each other or minor children, when one does not share the desire of the second half to terminate the marriage.

If there is a child

It matters what age the divorcing spouses have children. Minors are one thing, children after 18 are another. In the first situation, only the court is authorized to divorce the spouses. It doesn’t matter if the parents agreed on child support, “separation” of the children, etc. Even if all aspects of life after the divorce are agreed, it is necessary to contact the court of first instance or the world, and which one, we will examine in more detail.

Minor

For divorcing spouses with minor children, it is better to immediately go to the justice of the peace, even if there are no factors complicating the procedure:

• counterclaim or accompanying lawsuit (on divorce, on establishing paternity, changing the name of the child, etc.);
• disagreements about children after a divorce;
• child support disputes;
• property claims.

When the divorce is complicated by the moments when the positions of the spouses are contradictory, a lawsuit should be filed with the court of the city (district) in which the applicant (plaintiff) lives. To resolve all disputes relating to children, each spouse needs to stock up with confirming and refuting documents, which will help in making the right decision..

Adult

When there are adult children in the family, the registry office is authorized to conduct a registry office, but only subject to the mutual consent of the divorced, their lack of property claims. The application of only one party is accepted when the other spouse is declared missing or incompetent by the court. In other cases, all questions of divorce in the presence of adult children are decided only by the court.

What documents are needed

The set of documents required to complete the termination of the marriage depends on the conditions and place of the procedure. The package of papers will be minimal during the administrative procedure (through the registry office), and during the trial it will be necessary to collect a lot of additional certificates, extracts from the archive, characteristics, etc. To insure yourself against possible paperwork complications, make a detailed list of all documents and their copies.

Through the registry office

What is needed for an administrative divorce when both parties want it? Firstly, it is necessary to resolve material disputes by concluding an agreement on the division of family property, and secondly, to collect (fill out) and submit documents and their copies:

• model application;
• all copied passport pages;
• document on registration, family composition;
• property agreement;
• marriage contract;
• original plus copy of certificate;
• duty payment receipt.

Through the court

If the husband and wife could not agree on a divorce, property issues or have children under the age of 18, an application for divorce to the court is necessary. It is drawn up by one spouse, the second acts as a defendant. To find out what the necessary documents for a divorce are needed, it is possible on information boards of judicial institutions or on their official websites. A typical set of required papers includes:

1. Correctly written statement of claim.
2. Certificate of family composition, registration.
3. Duty Receipts.
4. Original and copy of certificate.
5. Passport with a copy.
6. Documentary evidence of the weight of the reasons for the divorce.
7. Birth certificates of children (minors).

Unilaterally

When the presence of the second spouse is impossible for weighty reasons, a divorce in the registry office and the court is carried out on the initiative of only one. Then the divorce initiator needs to collect a package with documents:

• three copies of the application in a standard form;
• state duty receipt;
• marriage certificate plus a copy of it;
• certificates taken at the place of registration of both spouses;
• document confirming incapacity (other reasons for the absence) of the second divorcing.

How to apply

It is possible to file for a divorce at a personal visit or remotely. A written or electronic application is submitted only to the regional authorities that provide this service. There is the possibility of filing a joint or individual (from husband or wife) document in other cities. Let’s consider in more detail how to file for a divorce in specific cases..

In the registry office

Here they will accept the application only under certain conditions:

1. Those who agree to divorce do not have children (minors), contradictions in the property section. The application is drawn up on behalf of both spouses and if they do not change their mind after a month, then they withdraw the certificate of divorce.
2. One spouse was missing, incompetent, or the applicant’s husband (wife) has been serving a sentence for a crime for three years. The applicant will immediately get a divorce stamp.

In the application form, you must complete:

• full name of the registry office;
• Name of applicant;
• complete data on both spouses (passport, address, etc.);
• number and date of marriage certificate;
• reason for divorce;
• surnames that the spouses will receive after the divorce;
• filing date;
• applicant’s signature.

To court

Before writing a divorce application, it is advisable to find out which judicial authority to apply to. In case of material disputes between spouses (property value is above 50 thousand rubles) and the need to establish paternity – to the district (city) court. In all other cases, the application will be considered by the justice of the peace. This is a standard document, a sample of which is presented on the information boards of the courts. The following must be indicated in the statement of claim:

• full name of the court;
• Name of applicant;
• complete data on both spouses (passport, address, contact, etc.);
• number and date of marriage certificate;
• The reason the marriage is annulled
• information regarding children and their upbringing (content);
• list of witnesses in favor of the plaintiff;
• evidence confirming the truth of the reasons;
• list of attached documents;
• filing date;
• applicant’s signature.

In another city

The possibility of submitting a standard application to a court or registry office remains when one of the couple lives in another city. But there are some nuances:

1. In the absence of children under 18 years of age, property and other claims – a divorce through the registry office. The application must be submitted jointly or by proxy, at the place of residence or marriage registration.
2. Divorce through the court at the place of residence of the defendant. If it is unknown, then at the address of its last registration or location of real estate.
3. Through the court at the place of residence of the applicant. This option is possible when children under the age of 18 live with the plaintiff, or he is not able to move.

Through the Internet

Previously, it was possible to remotely submit an application on the official portal of the State Services. Now, an application via the Internet is submitted only on the websites of specialized institutions (courts, registry offices), where this function is provided. Another opportunity is to use the services of a company specializing in divorce proceedings and fill out an application on their website. How to do it? Necessary:

1. Find a company in your area.
2. Register on its official website (write personal data, passport details, phone number and insurance certificate, e-mail).
3. Fill in the online application form.
4. After checking the data, confirm your identity (electronic signature, bank card, etc.).

State Duty Size

The tax is levied for the services of state institutions in the divorce proceedings. At the end of 2015, her amount for the lawsuit filed was:

• without mutual claims – 600 rubles;
• divorce and division of property – 600 rubles plus 4% of its value.

According to the Tax Code, the application and certificate fees are:

• by mutual agreement – 650 rubles each from husband and wife;
• in case of a divorce by a court decision – 650 rubles each;
• with the recognition of loss, incapacity or because of imprisonment of one spouse – 350 rubles.

Last year, the media excited the population with information about the increase in state fees for divorce up to 30 thousand rubles. Such cost was provided for in the new bill, which was not adopted. Therefore, before amending the Tax Code of the Russian Federation, the amount of the divorce fee remains the same. Disabled plaintiffs are exempt from it. If you divorce you will not have to pay money for statements and claims:

• about alimony;
• protecting the rights of the child;
• appeal against court decisions.

Divorce procedure

The fastest divorce procedure is through the registry office by mutual agreement. After the second visit, the spouses become legally free and independent from each other. Couples are quickly bred when one spouse is serving a sentence of more than three years, missing or incapacitated. In other cases, court proceedings last longer, are regulated by Article 18 of the Family Code, and take place in several stages:

• collection of documents;
• filing a statement of claim;
• holding a court session or several;
• court decision;
• obtaining a divorce certificate.

Not always the divorce procedure ends positively, often the court refuses to divorce. For example, without a woman’s desire to get divorced, her husband’s lawsuit will not be satisfied if the wife is pregnant or the family has a child under one year old. Other aspects and nuances of a particular situation cannot be a reason for refusal, but they will easily serve as an excuse for setting a date for reconciliation of spouses.

Video about the registration of a divorce

You want to learn first hand about the criteria for delimiting the jurisdiction of divorce proceedings. Watch an interview with a lawyer specializing in these matters. Find out what documents you need to provide for a divorce, what copies must be certified, what is additionally entitled to require a judge. Listen to the opinion of the practitioner about the features and differences of the processes through the registry office and the court, about the necessary actions of the plaintiff and defendant.

List of documents

Divorce proceedings