Application for divorce documents – describing in detail

Statement of claim for dissolution of marriage

Marriage dissolution is one of the most common issues people go to court with. Statistically, it is women who most often file for divorce. Our lawyers have prepared and systematized all the useful information you need for divorce.

In this article, you will receive:

  • complete step-by-step instructions on how to write a divorce petition (what court to write to, how much to pay the state duty, where to get the details, how to properly fill out an application for divorce);
  • recommendations on how to prepare and send documents to the court;
  • answers to questions: How does the court process go? What to do after the court decision?
  • a free sample (form) of the claim, which you can download and fill in with your personal information
  • if you have questions – use a free legal advice on our site

How to write a claim for dissolution of marriage (step by step instructions)

In what court you need to write an application for divorce

The First thing to do is to define the jurisdiction, that is, in what exactly apply to the court, which court to specify in the “cap” of the claim. This is very important! Otherwise, if a mistake, your statement of claim will not be accepted for consideration.

  • If there are no children or disputes between spouses on the children are absent – the case shall be considered a court of peace. If there are disputes about children (about determining the order of communication or determination of the child’s place of residence) – the district court has jurisdiction.
  • The claim is sent to the magistrate’s court at the location of the defendant. That is, at the place of registration of the defendant. Exceptions: The lawsuit may be sent to the place of residence of the defendant, if he is a minor, or for health reasons it is difficult for the plaintiff to travel to the place of residence of the defendant. For example, the mother may direct the claim to the justice of the peace at the address of his registration, if the child is registered with her.

Pay the state duty

Consideration of the case in court on your statement of claim – it is not free. To the court accepted the claim, you must pay the state duty.

You can always find accurate and up-to-date bank details on the website of the court to which you send your documents. Details are always published on the websites of the courts. Just look carefully that these are official sites of judicial authorities.

You can pay the state duty in any branch of Sberbank (no fee) or any other bank. The main thing is to have the details in printed form or on your smartphone, so that the bank teller could fill in the details or you could enter them yourself into an ATM.

The amount of the state duty for filing a claim for dissolution of marriage is 600 rubles. (Article 333.19 of the Tax Code). After the court decision, the plaintiff will be refunded 300 rubles, because they will be recovered from the defendant.

Correctly we fill in the sample of the statement of claim

  1. The statement of claim can be written legibly by hand or printed on the computer. Need 3 identical copies (the first – for you, the second – for the court, the third – the defendant).
  2. Fill in the name of the court . The “header” of the statement of claim indicates the name of the court. For example: “To the justice of the peace of the court district No. 162 of the Yuzhnoe Tushino district of Moscow. Moscow “. The address of the court is indicated below.
  3. Fill in the data the Plaintiff and the Respondent. Here it is necessary to specify full name and registration address with the postal code. If the registration address does not coincide with the actual residence address – please specify both addresses with the corresponding notes. You can specify telephone numbers and e-mail. You are not required to provide passport data.
  4. The name of the written application “statement of claim” and briefly about what “about the dissolution of the marriage.
  5. Fill out the descriptive part. This is the “body” of the claim. Here we indicate: when and where the marriage was concluded, between whom, up to what time continued family relations, when they ended, the reasons for the dissolution of the marriage, whether there is a dispute about the property or children. If the marriage is a joint minor children – indicate their full name and date of birth.
  6. Formulate the petitioning part . This is the request with which you are appealing to the court. Simply put, what you want from the court. For example: “I ask the marriage between Levina Irina Vasilyevna and Levin Arkady Dmitrievich registered “on April 15″, 2019 in department of the Registry Office of the Kirovsky area of Novosibirsk, act record ¹ 1212, to dissolve”.
  7. We list the annexes to the claim .
  8. Sign the statement of claim and put the date of signature. Do not forget to put a signature! Without a signature the claim will not be considered.

Prepare attachments to the claim: gather the documents and take copies.

The following documents are attached to the claim for dissolution of marriage:

  1. Receipt or check for payment of state duty (original). Receipt of state duty is attached to the copy of the application, which is prepared for the court.
  2. Certificate of marriage (original – for the court). For yourself and the defendant take copies.
  3. Child’s birth certificate (copy). Take the original with you to the hearing.
  4. Reference from the place of residence. If you file a claim not at the location of the defendant, and at their place of residence – need a written document to prove that the child lives with you.
  5. A copy of the statement of claim for the defendant.

How to properly send a claim to court

  1. Two sets of documents (statements of claim with annexes: 1 copy for the court, the 2nd for the defendant) deliver to the office of the court. The court then independently send a statement of claim to the defendant.
  2. Make sure that your copy of the statement of claim put a mark on its acceptance: date, signature, stamp.
  3. Ask for phone numbers, which will be able to contact and find out about the date of the meeting. Write down carefully the phone numbers on your copy, so you do not forget.
  4. Ask how many days later you should call to find out about the date of the hearing. From the court, too, of course, you must be notified, but it is better to find out for yourself. This is more reliable.
  5. Call to the court in about 5 days and find out when the judge set the date and time of the hearing.

Also, the statement of claim may be sent by mail to the court:

  1. Send a registered letter with notification and list of attachments. In the inventory specify what documents are sent.
  2. Have a cheque for sending a letter with the track number and the inventory of enclosures.
  3. Trace the track number of your mail at the website of the Russian Post.
  4. Call the court about 5 days after the court receives the correspondence and find out when the judge has set a date and time for the court hearing.

How divorce proceedings go in court and what to do after the court decision

  1. It is better to come to the trial 15-20 minutes in advance.
  2. Inform the secretary or assistant judge in advance that you have come and on what case. Then wait in the hallway for an invitation.
  3. At a hearing, the judge will clarify the following issues: whether the plaintiff supports his claims for divorce, whether the defendant agrees to a divorce, whether there is a dispute over the children and the property, whether a reconciliation of the parties. If the defendant does not agree to divorce – the court may allow up to 3 months for reconciliation.
  4. On average, the entire divorce process in court will take about 2 months, if the court did not give a period of reconciliation.
  5. The court’s decision comes into effect after 1 month. That is why you should call the court in a month and ask if you can come and collect the decision with the entry into force mark.
  6. With the entry into force of the decision of the court you need to go to the registrar and get a “Certificate of dissolution of marriage”. At this all.

Download for free a sample of the claim for dissolution of marriage in MS Word (.doc)

Below, by following the links, you can download a form (template) of a divorce petition for free. We have prepared examples of documents for almost all cases in MS Word (.doc). You can conveniently save them to your computer and edit them to fit your specifics and personal data:

How to properly file for divorce

For many families, the pandemic caused by the spread of the SARS-CoV-2 coronavirus has been a serious challenge, not only in health but also in interpersonal relationships. Being physically isolated from the outside world, spending time with a limited number of people, being under a lot of stress and fear for a long time, have led to an increase in the number of divorces. How to properly file for divorce in order to protect the interests of the children, not to lose property, to preserve peace of mind and hope for a happy future. We will give legal advice, but you read to the end.

Where to go to get a divorce

Grounds for termination include:

  1. The death of one of the spouses or a declaration of death (by court order).

In this case, the marriage ends automatically. There is no need to file divorce papers.

  1. Declaration by one or both spouses of their desire to end marital relations.

The procedure is performed in the civil registry office or in court.

Let us consider in more detail, in which cases it is possible to apply to a body of civil registry, and when it is possible to dissolve the marital ties only in court.

When the marriage is dissolved in the civil registry office

The grounds for dissolution in the civil registry office are:

  1. The mutual desire and joint application of the spouses;
  2. The absence of the couple have common children under 18 years;
  3. application filed by one spouse, if the other by a court decision:
  • Is recognized as missing;
  • incapacitated;
  • convicted and sentenced to imprisonment for more than 3 years.

Article 17 of the Family Code limits the husband’s rights to file for divorce. The spouse has no right to divorce while the wife is pregnant and one year after the birth of the child.

Place of state registration of marriage dissolution

The state registration of the divorce is performed:

  • At the place of registration of the marriage;
  • At the place of residence of the parties or one of them (husband or wife).

Divorce by mutual consent of spouses

In the absence of minor children, disputes between the spouses, the presence of a mutual desire and consent to divorce, a joint application is filed.

Application for divorce (by mutual consent of spouses) Form No. 9

If one of the spouses cannot personally attend the filing of the application, the desire of the spouses to divorce is executed in separate statements.

The spouse, who does not have the opportunity to go in person to the registry office to submit a joint application for dissolution of marriage, fill out the application form № 10. To enter additional information in this application is not allowed. The signature of the absent person must be notarized.

In a month after the filing of a joint application is made dissolution of the marital union and its registration. The presence of at least one of the spouses is obligatory.

Application form No. 10

Statement of dissolution of marriage (filled by the spouse, dissolving the marriage, not being able to personally submit a joint statement of dissolution of marriage) Form № 10

The order of registration of the dissolution of the marriage at the request of one of the spouses

In the presence of the circumstances referred to in Clause 2 of Article 19 of the Family Code, regardless of the presence of minor children, the marriage is dissolved upon the application of one of the spouses.

The application is filled in form N 11. At the same time must be submitted:

  1. a document certifying the identity of the applicant;
  2. marriage certificate;
  3. Court decision on the recognition of the other:
  • missing;
  • incapacitated;
  • court verdict on conviction to imprisonment for more than 3 years;
  1. a receipt for payment of state duty.

Within three days after receipt of the documents, staff of the institution notify the spouse, serving a sentence, or the guardian of the incapacitated spouse or guardianship authority about the received application and the date set for the registration of the dissolution of marriage.

On the expiry of one month from the day of submission of the documents shall be registered dissolution of marriage in the presence of the applicant.

Application form N 11

Statement of dissolution of marriage (filled by the spouse dissolving the marriage, if the other spouse is recognized by a court as missing, incompetent or convicted for committing a crime to imprisonment for a term exceeding three years) Form № 11

State duty for dissolution of marriage in the registry office

For the registration of the dissolution of marriage is charged a state duty. The amount of the state duty including the issuance of the certificate is:

  • by mutual consent of the spouses who have no common minor children – 650 rubles from each of the spouses;
  • Upon application of one of the spouses in case the other spouse is recognized by a court as missing, legally incapable or sentenced for over three years – 350 rubles.

It is necessary to pay the state duty prior to filing an application.

Marriage dissolved in the civil registry office, is terminated from the date of its state registration in the book of registration of acts of civil status.

We recommend that you read

Divorce during pregnancy Time limits for reconciliation in case of divorce Divorce through the State Service – step by step instructions

Divorce according to the court procedure

Cases of judicial divorce:

  • presence of minor children;
  • Lack of mutual consent to divorce;
  • Evasion or non-appearance at the meetings.

If the court finds that further life together and the preservation of the family is impossible, the marriage is dissolved.

Choice of court

It is important to understand which body to go to in order to apply for a divorce. Matters resolved in the magistrate’s court:

  • Disagreement or evasion of the procedure by one of the spouses;
  • division of joint property, with the price of the claim up to 50 thousand rubles;
  • Presence of children and absence of disputable moments on them.

Sample application for dissolution of marriage in the magistrates’ court

A claim for dissolution of marriage in a magistrate’s court

When to apply to the district court:

  • division of marital property worth more than 50 thousand rubles;
  • establishment of paternity (maternity);
  • deprivation of parental rights;
  • the determination of the order of communication with the child, his place of residence, the amount of the maintenance of the child and the disabled spouse.

Claim for dissolution of marriage in the district court (sample)

The claim for dissolution of marriage in the district court

The documents must be submitted to the court at the place of residence of the defendant. If the plaintiff lives with minor children and for health reasons it is difficult to get to the place of residence of the defendant, you can go to court at their place of residence.

What happens in the courtroom

If during the trial the spouses mutually agree to end the family relationship, an order for divorce is issued after the first hearing.

If the husband or wife wants to keep the family together, a reconciliation period of one to three months will be granted. If the situation has not changed by the second hearing, the court will decide on the divorce and issue an appropriate decree.

If one of the parties avoids the court proceedings and fails to attend the sessions three times, the marriage will be dissolved without his/her participation after the third session.

The time for consideration of the case depends on the claims filed, the documents submitted, and the willingness and attendance of the parties.

State duty in a judicial divorce

In a court divorce, the state duty is paid for each claim:

  • dissolution of marriage in court – 650 rubles from each;
  • for establishment of paternity and issuance of a certificate – 350 rubles;
  • in case of division of property, the amount depends on the claim price.
The price of the claim Calculation of the state duty
up to 20,000 rubles 4 percent of the claim price, but not less than 400 roubles
from 20,001 rubles to 100,000 rubles 800 roubles plus 3% of the amount exceeding 20,000 roubles
from 100,001 rubles to 200,000 rubles 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles
From 200,001 roubles up to 1,000,000 roubles 5,200 rubles plus 1% of the amount exceeding 200,000 rubles
over 1,000,000 roubles 13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles

Do I have to go to the registry office after the court

A marriage dissolved in court is terminated as of the date the court decision enters into legal force. This fact must be registered in the Registry Office at the place of registration of its conclusion or at the place of residence of the former husband (wife).

To do this it is necessary to submit to the Registry Office an application for registration of the dissolution of marriage, court decision, which came into legal force, a receipt on payment of state duty.

A document on the termination of relations shall be issued to each of the participants of the divorce process.

Spouses do not have the right to enter into a new marriage before receiving a certificate of divorce.

Independent expert opinion

The divorce process does not always go smoothly and understandably. Resentments, emotional tension, property disputes, and the distribution of obligations to children lead to a lengthy dispute resolution process.

Each situation is different. If you want to do everything right, get help and support of professionals. Consultation of our lawyers will help to avoid mistakes.

Fill out now the application form below or write to a duty consultant on the site and get a full consultation on your question for free.

Higher legal education. Graduated from Orenburg State University. Specializes in family and inheritance law.

Dissolution of marriage on the initiative of one of the parties is often delayed due to the unwillingness of the second spouse

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