Application for divorce with minor children

Lawsuit for divorce with children (sample)

Divorce in the presence of common minor children, according to the provisions of family law, is carried out only through the court. the Exceptions are cases when one of the spouses is serving a prison sentence of more than 3 years, declared legally incapable, or missing, which must be confirmed by an appropriate court decision. In these circumstances, the Registry Office will make a unilateral divorce, only after notifying the second spouse of the dissolution of marriage.

Where to file a suit for divorce with children

The claim for divorce with children shall be filed:

  • to the justice of the peace – if the spouses have no disputes about who the child will live with after the termination of the marriage;
  • to the district court – if the spouses have a conflict between them about where the children will live.

A dispute about the amount of child support is not a dispute about the children and shall be considered in the magistrate’s court, but the spouses may resolve it in advance by entering into an agreement and not submit it for consideration by the court.

Contents

The form and contents of the statement of claim for divorce with children, as well as the documents attached to it, are subject to the requirements of Articles 131-132 of the Civil Procedural Code.

The statement of claim for divorce must contain the following information:

  1. Name and address of the court to which the lawsuit is addressed.
  2. Name of the parties: the full name of the plaintiff, the defendant, the address of their residence and registration. It is desirable to specify contact information in the form of a telephone or e-mail.
  3. The introductory part, which indicates the date of marriage, period of cohabitation, the presence of minor children.
  4. Reasons for divorce and the arguments about the impossibility of continuing to live together (for more information about the reasons for divorce, see the article “whether to indicate the reasons for divorce”).
  5. Reference to the position of the second spouse, information about agreements reached on property, place of residence of children and child support.
  6. The request addressed to the court.
  7. List of documents, date and signature.

Documents

To the statement of claim for dissolution of marriage in the presence of children attached:

  1. A copy of the applicant’s passport.
  2. A copy of the birth certificate of the child (children).
  3. A copy of a certificate of marriage (in the absence of a certificate from the registry office with justification of the impossibility of providing a copy).
  4. Agreement with the second spouse to reach agreement on maintenance of children, their place of residence and other issues. The document may be executed as for all issues at once or separately on each issue. In this case, the legal effect it will have only after certification by a notary.
  5. Certificate of residence of minors or extract from the house book.
  6. Help from a place of work about the income of both the plaintiff and the defendant (when there are questions about the material maintenance of the children or the need for recovery of alimony).

Sample (form) of the claim for divorce in the presence of children

We bring to your attention a sample of the sample of the claim to the court for divorce in the presence of children.

On the link below you can download a sample suit in Word format and finalize it for your situation.

Difficulties in drawing up a claim

Despite the apparent simplicity of such a claim, it is highly desirable to get the support of an experienced lawyer in advance.

Above is only a sample of a divorce petition for divorce with children in the most ideal situation: when there is agreement between the spouses on all key issues, such as child support and place of residence.

In practice, however, have to face a mass of different difficulties.

Nr. Difficulties in obtaining a divorce.
1 Strict requirements on the form and content of the claim, non-compliance with which often leads to the return of documents by the court
2 Sudden change of the defendant’s position on key issues, such as maintenance of children, place of residence
3 Lack of spousal consent to divorce or disputes about the future of minors

In all these cases, it is better to anticipate the possible problems in advance and, if necessary, legally correct and promptly respond to them. The lawyers-experts of our portal can help you in this, at which you can consult for free right now.

  • Due to constant changes in legislation, by-laws and judicial practice sometimes we do not have enough time to update the information on our website
  • Your legal problem is individual in 90% of cases, so independent protection of rights and basic options for solving the situation may often not be suitable and will only lead to more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Divorce with Children in 2022

As statistics show, relationships, marriage, and having a child do not always make a person happy. Sometimes love passes, and then the couple wonders what happens next. Experienced lawyers tell you how to properly process a divorce with children in 2022.

What documents are needed when divorcing with children

The Family Code of the Russian Federation prescribes that if you have minor children, the dissolution of the marriage is possible only in court. To Themis will have to turn and if the other spouse does not agree to the divorce, or if your companion evades it, for example, refuses to file an application.

To the claim for dissolution of marriage must be attached:

  • A document confirming the payment of the state duty, which is currently 600 rubles;
  • a certificate of marriage;
  • a copy of the child’s birth certificate;
  • a notice of service or other documents confirming that the other spouse was sent a copy of the claim and the documents attached thereto, which the other spouse does not have.

– A curious point, – says lawyer George Kachmazov . – Many judges require that the original certificate of marriage be attached. However, the Russian Supreme Court points out that the civil procedure law does not require the plaintiff to provide original documents when filing a statement of claim. Accordingly, the judge had no grounds for determining to leave the claim without motion, and then to return it.

The statement to the court can be sent by registered mail, so you will be able to track its delivery to the address through the site of the Russian post office.

The court will dissolve the marriage not earlier than one month from the date of filing an application for dissolution of marriage. The marriage is dissolved from the day the court decision enters into force. After that, the court within three days to send an extract of it to the registry office at the place of registration of the marriage, where you can get a certificate of dissolution of marriage.

How to file an application for divorce in the presence of children

Through the court

– If there are underage children, the dissolution of the marriage is done in court. Simultaneously with the divorce, the court decides with which of the parents the child or children will live, – explains lawyer Olga Belova.

Georgy Kachmazov adds that it is necessary to apply to a justice of the peace with a claim for dissolution of marriage. If there is a dispute about children, such as their place of residence, or the claim for division of jointly acquired property, which exceeds 50,000 rubles, then it is necessary to apply to the district court.

As a General rule, the statement of claim is filed at the place of residence of the second spouse. Submit a claim at the place of his registration can be, if the child lives with you, or for health reasons you can not go to the address of your almost ex-beloved, as well as if, together with the claim for dissolution of marriage claimed for recovery of alimony.

Through the Registry Office.

If you have underage children, it is not possible to dissolve your marriage in the registry office. The only exceptions are those cases where the issue is resolved unilaterally – one of the spouses was declared incapacitated, missing or convicted for more than three years.

Via the State Service

You can submit an application in the “Marriage dissolution registration” section. Divorce is possible by court order or by mutual consent. If one of the spouses dies, the marriage ends automatically.

If you have children, it is not possible to file for divorce through state services. The certificate of dissolution of marriage can be obtained only through the court and only then send it to the registry office through the public services website. You will need to attach to the application the decision of the court.

By the way, if the divorce is agreed to by both husband and wife, even with children, the court divorces without clarification of motives. Unless, when considering the case, the judge can give up to three months for the couple to reconcile.

Popular Questions and Answers

How much does the divorce procedure cost?

As Kachmazov notes, it is possible to draw up a simple divorce petition using standard forms yourself. Then all costs will amount to 600 rubles – the state duty for filing a statement of claim:

– If there is a case with the division of property, the determination of the child’s place of residence, in order to obtain qualified legal assistance will be necessary to contact a lawyer. The cost of the divorce procedure in this case will depend on the complexity and duration of the case.

What name will the child retain in the divorce?

– If the spouse objects to a change of surname, it is practically impossible to do this before the child reaches a certain age,” says Belova.

After the parents divorce, the child will have the surname as it appears on the birth certificate. Only at the joint request of the parents before reaching the age of 14 the body of guardianship and trusteeship has the right to allow him to change his identity.

– It must be borne in mind that a change in the name or surname of a child who has reached the age of ten years may only be made with his or her consent. If the parents live separately and the parent with whom the child lives wishes to assign his or her surname, the guardianship authority resolves this issue depending on the interests of the child and taking into account the opinion of the other parent,” Georgy Kachmazov stresses.

Consideration of the parent’s opinion is not obligatory if it is impossible to establish his location, if he is deprived of parental rights, if he is recognized as incapable, and also in cases of evasion of the parent from raising and supporting the child without a valid reason.

How to arrange for child support?

According to George, the claim for the recovery of alimony can be stated together with the claim for divorce. In practice, a frequent case is the recovery of alimony after the marriage has been dissolved:

– In this case, the easiest way – filing an application for a court order. Samples of applications are on the portal of magistrates in the section “standard forms” and on information boards in the courts.

Do I need the help of a psychologist during the divorce?

Olga believes that when deciding on the place of residence of the child, help may be needed. Especially if each parent desperately insists on their place of residence:

– In this case, the court will be forced to appoint and conduct an examination to determine which parent the child is more attached to. I always encourage parents to be very deliberate about this issue. You shouldn’t pull the blanket over yourself if you’re not ready to fully commit to raising a child. Living with a child, as cynical as it may sound, imposes certain restrictions on all areas of life, and you have to be prepared for that. If the reason is alimony in any degree or form, then, believe me, the cost of the child these amounts will never fully cover. Increase the amount of property at the expense of cohabitation with the child also will not work. There is a perception that the parent with whom the child stays will get more. This is a misconception. The child does not participate in the division of marital property in any form.

As for the compulsory involvement of a psychologist to a child in the case of divorce of the parents, the law does not provide for it.

How to get a unilateral divorce?

If you plan to divorce unilaterally, then, again, in the first place you will need to submit to the court a statement of claim. It must contain information about where the marriage was concluded, the presence of common children and their age, the motives for dissolution of marriage. You can download a sample application on the site of the court, where you plan to apply.

There are also exceptions – the spouse is legally incompetent, missing, received a long sentence for a crime.

As the property is divided in a divorce, if there are children?

According to the information of experts, in the division of the property of the spouses and the determination of the shares of the property of the spouses are recognized as equal, unless otherwise provided for by the agreement between the spouses.

– The court has the right to deviate from the principle of equality of shares of the spouses in their common property based on the interests of minor children or based on the meritorious interest of one of the spouses, in particular in cases where the other spouse has not received income for irreverent reasons or has spent the common property of the spouses to the detriment of the family, – says Georgy.

At the same time the law does not contain any specific list of deserving interests of minor children, taking into account which the court has the right to depart from the principle of equal shares of the spouses in the common property. All reasons are determined on a case by case basis taking into account evidence provided by the parties.

The lawyer gives a concrete example:

– In one of the cases that reached the Supreme Court of the Russian Federation, the plaintiff, the mother of the child, indicated that her minor daughter was mentally disabled and needed a separate room to live and study, that she and her daughter had no other living space, and that she needed to maintain her material standard of living after the property was divided and the marriage between the parents was dissolved, taking into account the interests of the child. The child’s mother drew the courts’ attention to the fact that her former spouse insists on selling the disputed residential premises and that in the event of the division of property without a deviation from equal shares she would not be able to purchase residential premises with a separate room for the child, which would prevent the girl from being able to fully engage in her studies and have personal space.

The Supreme Court of the Russian Federation considered these circumstances to be legally significant and overturned previously issued judicial acts, which had denied the division of property taking into account the interests of a disabled minor child and a deviation from the principle of equal shares of spouses.

Who decides who the children will stay with after the divorce?

According to Olga Belova, this issue is solved separately in court. And with whom the children will stay, and how much they will pay for their support:

– If the parents cannot agree themselves, or their contract violates the interests of children, then the court has the right to decide these issues independently. Get ready for an examination of the living conditions in which it is planned to raise a baby. Will find out the income of the spouses. I advise you to gather information about income in advance, so that it is easier to submit all the necessary evidence.

Figures

According to court statistics released by the Judicial Department of the Supreme Court of the Russian Federation for 2019, courts received 397,280 cases of divorce for spouses with minor children and 92,043 cases of divorce for childless spouses or those with adult children. The number of cases decreased slightly from 2018, when the courts received 403,493 and 93,188 cases, respectively. Also in 2019, courts received 306,488 cases for child support for minor children, also slightly fewer than in 2018, when 314,692 cases were received. At the same time, the number of cases involving divorce and recovery of child support for minor children remains very high.

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