What documents are necessary for a divorce through court?
When preparing for divorce proceedings, first of all it is necessary to collect and systematize evidence of their claims and often this is not as easy as it seems at first glance. In our article, we will tell you what documents you need to collect for a divorce through the court and what you need to provide in addition, depending on the list of requirements, whether you need to send original documents and what are the ways of filing a lawsuit in court.
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The article will tell you:
What court to file the papers in?
The jurisdiction of a divorce case is determined depending on the circumstances and the claims being made. Divorce cases are considered by magistrate and district courts.
An application may be filed in a magistrate’s court if:
- one of the spouses does not give his consent to the dissolution of the marriage;
- the spouses have common minor children, but a written or oral agreement defined with whom they will live, as well as the order of meetings with a separately residing parent;
- the spouses do not have common property or its value does not exceed 50,000 rubles;
- spouses have conjugal property, but between them there is no dispute over its division (there is a marriage contract or agreement).
In all other cases, when the spouses have a dispute about children or property dispute, the amount of which exceeds 50,000 rubles, the documents on the divorce is filed in the District court.
The claim is filed in court at the place of residence of the defendant. However, if there are minor children or in connection with the state of health, the plaintiff may send documents to court at their place of residence.
Statement of claim
The statement of claim must meet the established requirements of civil procedure in order to be accepted for consideration. One of the requirements is to provide the court with copies of the statement of claim in accordance with the number of persons involved in the case. Thus, a copy of the claim must be prepared for:
- Guardianship and custody authority;
- the prosecutor;
Content and sample application
There are also certain requirements for the content of the statement of claim, it must contain:
- the name of the court to which the plaintiff applies;
- Personal and contact information of the parties;
- the name of the claim;
- the date and place of composition;
- the Descriptive part, which describes the situation: when the marriage was concluded, information on the birth of children in the marriage, the presence of joint property, the reasons for the dissolution of the marriage, the plaintiff’s position on the issues of residence of children and participation in the upbringing of the second parent, the order of division of joint property;
- references to norms of law;
- the list of requirements (to dissolve the marriage, to recover alimony, to divide the property, to determine the child’s place of residence, to establish the order of communication);
- a list of the documents attached to the claim;
- Date and signature of the plaintiff.
Questions of recovery of alimony, determine the place of residence of children and the order of meetings with them, as well as the division of property may be considered in a separate proceedings, which will significantly reduce the time frame of the divorce process.
What documents do I need for a divorce through the Registry Office?
What rights do parents have to their children after divorce?
Divorce Procedure for Underage Children
The main list of documents
If the spouses have decided on the need to dissolve the marriage, settled all issues concerning joint children and property, the main list of documents will be as follows:
- A copy of the plaintiff’s passport;
- A copy of the certificate of marriage;
- copy of children’s birth certificates;
- A receipt for payment of state duty (Article 333.19 of the Tax Code);
- Agreement on determination of the place of residence of the children, the order of communication (if any);
- Agreement on division of property or marriage contract (if any)
- certificate of residence;
- consent of the second spouse with the dissolution of the marriage (if it is impossible to personally participate in the process)
- Power of attorney (if on behalf of the claimant will act as a representative).
The precise list of documents the legislation does not establish, so depending on the situation may require confirmation of the stated in the statement of claim of the facts and requirements.
Additional Documents When Joining Claims
In cases where the plaintiff’s application contains other ancillary claims in addition to the claim for dissolution of marriage, the court will need to provide additional documents to support the circumstances of the case.
In the absence of such documents, the court may make a determination and give the plaintiff a deadline to provide them, which affects the length of the trial.
In the presence of children
When a married couple has common children and an agreement on issues of residence, upbringing and maintenance between the parents in the pre-trial order is not reached, the situation is resolved in court.
To submit to the court will be required:
- Certificates confirming the income of the spouses, the calculation of child support per month (in the case of alimony);
- Acts of inspection of housing and living conditions, the characteristics of the place of work, place of residence (in determining the place of residence of the child and the order of communication with him);
- Other documents related to the merits of the case (medical certificates of the child, characteristics of educational institutions, conclusions of a psychologist, etc.).
During pregnancy and before the child reaches the age of 1 year, only the wife may initiate divorce proceedings. It is not possible to file for divorce during this period without her consent.
In the case of division of property
If there is a claim for the division of joint property, the plaintiff must provide
- a list of property;
- Expert opinion on the evaluation of each object;
- Technical documents on the property;
- Documents of title to the property.
The plaintiff has the right to request to divide not all of the property, but only that part of the property which interests him. the Presence of such a requirement shall be obliged to pay state duty, the amount of which will depend on the total amount of the claim.
In the absence of spousal consent
If the second spouse does not agree to dissolve the marriage, the plaintiff has only to prove the circumstances indicating that the preservation of their marriage is impossible. Evidence may include documents proving:
- The separation of the spouses;
- The unknown place of residence of the second spouse;
- The actual residence of the spouse with another person;
- The facts of marital infidelity;
- abuse of alcohol, drugs;
- cruel treatment of children or spouse.
The court evaluates the evidence presented and may impose a conciliation period of 1 to 3 months. If the parties have not reconciled within this period, the court is required to dissolve the marriage.
Do I need original documents?
When submitting a statement of claim to the court, the plaintiff may attach copies of documents to it, except for a receipt for the payment of state duty. However, during the hearing, the court will need to provide original documents or notarized copies for review.
If the defendant is not able to take part in the meeting, he must send to the court a consent to the dissolution of marriage, certified by a notary. This document shall be provided in the original.
The procedure of filing documents
The party interested in the dissolution of marriage, applying to the court must perform the following actions:
- draw up a statement of claim by their own efforts or with the assistance of a lawyer;
- collect the package of documents. confirming the circumstances of the case and substantiating the claims;
- send the application and documents to the court in the jurisdiction of the case;
- wait for confirmation of acceptance of the claim for consideration and the summons to a court hearing;
- attend all court hearings.
In order for the application and documents to be accepted by the court, it is necessary to make sure that:
- The case has jurisdiction over the court;
- the full package of documents is presented;
- the form of the claim and the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation are met;
- the required number of copies has been sent to the court;
- the application is filed by an authorized person.
If any of these conditions is not met, the court will not accept the case. However, this does not deprive the plaintiff of the right to eliminate the deficiencies within the period established by the court.
Ways to file
Send the documents for the dissolution of marriage in court you can in several ways:
- Personal filing. The plaintiff delivers all copies of the claim to the office of the court. On his copy of the application clerk puts a mark on the acceptance of documents.
- Through a representative. For this method of transfer of documents the representative must have a notarial power of attorney, which specifies the period of validity and the scope of his powers.
- Mailing. You can send the package of documents by registered mail with notification. The sender will get a postal notification stating that the documents have been received by the addressee.
All of the above methods are readily available to citizens. However, if the plaintiff wants to save time, it is better to visit the office of the court in person.
Lawyer answers to private questions
Can I submit an application for divorce in court if my husband does not give the marriage certificate? Can I attach only a photocopy?
You can use a copy of your marriage certificate when filing with the court. However, you must present all original documents at the first court hearing. You can pay the state duty and get a duplicate certificate at the registry office at any time.
I want to file for divorce, but we have common children. The issue of them is not resolved, since my husband does not come into contact. What documents must I prepare and in which court to apply?
If you have a dispute about children. then the statement of claim must be filed in the district court, having paid the state duty in advance. You need to submit to the court the claim itself, a receipt of payment, marriage certificate, passport, children’s birth certificates and other documents that confirm your claims on issues of residence and upbringing of children.
Hello! I am married to the father of my child, but my documents say I am a single mother. We are going through a divorce right now. What documents do I need to gather for a divorce and how can I get child support?
For a divorce, you only need your passport and marriage certificate. If your spouse does not object to the divorce, you can go to the registry office. In order to collect alimony, you first need the child’s biological father to establish paternity. If he does not plan to do this voluntarily, then you will have to go to court with a lawsuit to establish paternity, and only after that you can collect child support from the father.
I mailed the lawsuit and divorce papers, but I did not include the original marriage certificate, only a copy. Will my documents be accepted or do I have to send them again? And how do I know if the documents have been accepted?
If you sent a copy of the certificate, the case will be accepted for processing. You do not have to provide the original document until the meeting. By the reference number of the letter you can trace whether it was delivered to the court and then call, and find out whether the case is accepted in production and whether a judge is appointed.
Please advise! I filed for divorce, but then I took back the application and documents. Can I re-submit them?
When preparing documents to the court, you should remember the main points:
- Depending on the presence/absence of related requirements, divorce cases are heard by magistrate and district courts.
- The statement of claim must be made with observance of the norms of the Civil Procedural code of the Russian Federation on the number of persons participating in the case.
- When combining in one statement of claim several requirements of the plaintiff will need the documents, confirming the circumstances of the case.
- The originals of the documents are provided to the court in the course of the trial.
In preparing a claim for divorce, an important role is played by its correct composition and preparation of a full package of documents, especially if in addition to the request for divorce statement contains other unresolved issues. Competently to set out the essence of the claim, to determine the list of evidence and to support them with documents to help you lawyers of our site. You need only make an application.
Statement of claim for divorce with children through the court
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Determining the order of communication with the child after a divorce
Determining the place of residence of a child after a divorce
I have been married to my husband for 2 years and our mutual child is 2 years old. We decided to dissolve the marriage. No one against it. The child stays to live with my mom. There is no joint property. I wanted to file for divorce and alimony. But the child is registered in his father’s apartment, I have a registration in another apartment. Can this affect the filing for divorce and child support? Where do I start and what documents will I need? Thank you in advance
Good afternoon, Camille. In court, you can not consider the issue of determining the place of residence of the child, only the dissolution of the marriage, given that both parties agree. In such circumstances, the place of registration of the child is not important. And you can independently agree on the order of payment of alimony, by drawing up an agreement under Article 100 of the Family Code. And I recommend that you immediately write into the agreement a condition of financial support for the father and after the child reaches 18 years in the case of a child in full-time education, as long as you and her husband are on good terms. And you can immediately prescribe the amount of alimony in the amount of minimum wage or minimum subsistence level, since these values are constantly changing and increasing with rising prices. It’s all good now, and the father loves, and in 3 years he may have his own family and other children, as well as a second wife who will try by all means to reduce the child support for your child. If you have any more questions, feel free to ask.
What documents are necessary for a divorce through court?
When preparing for divorce proceedings, it is important to create an evidentiary basis to support your claim. To do this, it is necessary to gather documents for filing for divorce through the court, which can be difficult. Let’s find out in which cases you will need to go to court. What documents will be needed in the court process in special situations, such as: unilateral divorce, divorce with children, alimony collection, division of property and other cases.
When do I need to file for divorce in court?
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Divorce can be formalized through the Registry Office or through the court. An application to the civil registry office on termination of marital relations is submitted by citizens who have no children, but there is a mutual agreement to divorce quickly and painlessly. If the spouses have children, there are contradictions about the dissolution of the marriage and the division of acquired property, then they can separate only in court.
In 2022 the Family Code specifies the following grounds for recourse to court for dissolution of marriage:
- One of the spouses does not consent to the divorce and asks for time to reconcile (the case may be postponed for a period of 1 to 3 months at the discretion of the court).
- The parties to the divorce agree to divorce, but one of the spouses does not show up to process the divorce (the court may dissolve the marriage without his participation).
- The presence in the family of minor children (the establishment of the place of residence of the child, the order of communication with his parents, the recovery of alimony).
- Disputes over the division of property acquired during the marriage (determination of shares in property).
Divorce cases are heard by a justice of the peace and a district court (Article 23 of the Russian Federation Code of Civil Procedure).
The magistrate’s court decides on the termination of marital relations in spouses who have managed to overcome contradictions and have agreed on the terms of the divorce before the court in the following circumstances
- the spouses have decided with whom the child will remain and how he or she will communicate with the other parent in a verbal agreement or a notarized agreement;
- The couple have no disputed property in the amount over 50,000 R. that is subject to division or property exists but there are no claims to its division;
- absence of doubts on the issue of recognition of the paternity of children born during the marriage.
In all conflict situations, cases of divorce are heard by the District Court of General jurisdiction, which establishes in its decision:
- with whom the child or children will live, establishes the procedure for communication with the other parent;
- divides marital property and shares of the spouses in the disputed property worth more than 50,000 rubles;
- determines the amount of alimony for the maintenance of minor children, disabled spouse or other relatives.
According to the rules of territoriality statement of claim is filed in court at the place of registration of the defendant, in exceptional cases at the place of residence of the plaintiff (in case of poor health or with whom a small child lives). If the defendant twice did not come to the meeting of the court, the third time the judge will decide without his participation.
In 3 days from the date of entry into force of the court decision, the extract is sent to the Registry Office at the place of registration of the marriage and is issued a certificate of divorce.
The main list of documents for divorce through the court
When applying to the court, the applicant will be provided with a list of documents required for court proceedings. The package of documents must corroborate the information in the lawsuit and substantiate the plaintiff’s claims.
When a spouse who has agreed on everything and wants a divorce goes to court, a minimum package of documents is prepared if the lawsuit states the only requirement – the dissolution of the marriage. In this case, the lawsuit for divorce without children are attached:
- a document certifying the identity of the plaintiff;
- Certificate of marriage in the original and a copy;
- Receipt of payment of the fee.
In cases of divorce with children, a copy of the certificate of birth of a minor is added.
However, the courts usually adjudicate disputes of spouses who need to submit more documents.
Documents for divorce through the court (basic list):
- Statement of claim from one of the spouses (in 3 copies: 1 – to keep, 2 – to the defendant, 3 – filed with the case);
- The original and copy of the passport of the applicant;
- a receipt for payment of state duty;
- original document on marriage;
- Copies of documents on birth of children (if any);
- Extract from the house book about the composition of the family and the registration of children (in the case of a claim for alimony).
Documents for divorce in court in special situations
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But in most cases, going to court for a divorce involves a dispute between the spouses. Therefore, the lawsuit contains additional requirements. allocate the dissolution of marriage:
- spouses with children;
- with the division of property;
- With the recovery of alimony;
- With a foreigner.
In a unilateral divorce
There are circumstances when the plaintiff is forced to file for a unilateral divorce:
- When one of the spouses does not agree to the divorce;
- If the husband or wife has no objective possibility to participate in the process;
- In the processing of a divorce with incapacitated spouse.
Additional documentation is added to the basic documents:
- if the spouse agrees to the divorce, but for objective reasons is not present in court – consent to divorce, certified by a notary and documents confirming the validity of his absence;
- in the recovery of alimony – certificate of income of the defendant;
- in the lawsuit for the division of property – inventory and documents on disputed property;
- in determining the order of communication with the child – the proposed schedule of meetings with the child, the characteristics of the child, the plaintiff and the defendant;
- in a divorce with an incapacitated person – a court decision on incapacity;
- If the spouse is serving a prison sentence – a certificate from the Federal Penitentiary Service;
- If the spouse is missing and it is impossible to establish his or her whereabouts – documents from the police department, a court decision.
The court itself requests the documents of the second spouse, as the authorities need an official request.
Under the law there are certain restrictions: the wife has the right to file for divorce unilaterally in any situation, and the husband does not.
According to Art. 17 of the Family Code, the judge will not accept the lawsuit if the documents are presented that:
- the spouse is pregnant;
- The child born in the marriage is under the age of 1 year.
If one of the couple fails to appear in court three times without a substantiated reason, the spouses will be divorced automatically and the judge’s decision on the children and property will be in favor of the one who appeared in court.
Divorce with Children
If the couple filing for divorce has children, there will be more paperwork for the children, depending on the requirements.
When the spouses have been able to reach an agreement, a basic package of documents is prepared:
- The birth certificates of the minors;
- references from their place of residence;
- notarized spousal consent to disputes about children and property.
In a conflict situation, additional evidence will be needed:
- A report from the custody department at the children’s place of residence;
- Acts of inspection of housing and living conditions of minors;
- Characteristics from educational and care institutions;
- Certificates from medical institutions;
- Protocols from the police, if there were offenses one of the spouses.
Additionally, in the process involves a specialist of the regional Department of guardianship.
In the case of division of property
When a divorce with a claim for division of jointly acquired property, the basic package of documents is supplemented by evidence of the existence of marital property and the need to divide it.
The applicant must provide the court with:
- An inventory of the property acquired;
- Expert confirmation of the evaluation of each object;
- technical documentation of the property;
- registration certificates for the objects of real estate;
- Statements from the bank accounts of the spouses.
Important! the Applicant may not request the division of all property, but only that part, which it is interested. In this case the size of the state duty will depend on the total value of the claim.
Simultaneously with the property can be declared a claim for division of credit obligations, which were registered in the name of one of the spouses, but the money taken on credit, went to the family needs. To prove this, provide contracts with credit institutions and documents confirming the purchase of material goods or services.
When divorcing a foreigner
Dissolution of marriage with a citizen of a foreign country is possible, both abroad and in the Russian Federation. If he or she resides permanently in Russia, the divorce must be formalized here.
The procedure of dissolution of marriage with a foreigner is the same as with a citizen of the Russian Federation. With one exception: the documents must be translated from foreign into Russian. The authenticity of the translation must be certified by a Russian notary.
In case of divorce in a foreign country the marriage will be dissolved in accordance with the law of that country, but it will be considered valid in the Russian Federation, if it does not contradict the Russian legislation. The divorce document in this case will need to be legalized for use in the Russian Federation.
In case of alimony
When it is necessary to file for divorce and alimony at the same time, the applicant supports the evidence base:
- Documentation of the defendant’s income, including unofficial income;
- Medical certificates of illness or disability of a minor requiring additional financial support.
When collecting alimony, it should be taken into account that the divorce should not affect the child’s financial security. Therefore, the amount of alimony should allow the child to lead a normal life.
When sent by mail
The collected package of documents, the law allows you to send by mail, registered letter with notification. A cover letter and list of attachments will be required.
When the letter is received in court, the applicant will receive a postal notification of delivery of the documents. The receipt must be retained as proof of delivery of the documents.
Sample divorce petitions
When applying to the court must competently write a statement of claim for the termination of marital relations, according to articles 131-132 of the Civil Procedural Code.
The statement should include the following information:
- details of the court, where the claim is filed: name, address;
- data of the parties: full name, address, contacts;
- a clear description of the circumstances of the case: when and where the union was entered into, the presence of children;
- substantiation of the reasons for divorce, indicating the time of termination of cohabitation;
- information on the consent or unwillingness of the defendant to divorce and maintenance of minors;
- requirements: divorce, alimony, division of property and others;
- a list of the attached documents;
- Date and signature.
Below, you can download a suitable sample application for divorce:
The application must be drafted without errors and printed in 3 copies.
With the package of documents the claim is submitted to the court:
- personally by the applicant to the office of the court;
- Through a representative on the power of attorney certified by a notary;
- by mail.
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Having correctly collected the documents and competently prepared a claim for dissolution of marriage, the applicant can be sure that his case will be accepted for consideration. You must check the jurisdiction of the claims, to find out whether the evidence requires additional evidence. Mistakes can lead to a loss of time, as the judge may leave the application without movement and return. Therefore, in complex disputes it is better to consult with an experienced lawyer in family law.
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Hello. Can you please tell me what documents are required to submit for the dissolution of marriage in the presence of minor children, if there are no disputes about the division of property and no disputes about children. And perhaps to submit a unilateral procedure, if for example the husband does not want to go to court. Thank you in advance.
Good evening, Marina.
Even if you do not have a dispute over the children and property, the marriage in which there are minor children, dissolved only in the district court. You need to prepare in copies: passports of you and your spouse, the birth certificates of children, marriage certificate, certificate of residence on the composition of the family, the certificate of earnings, a receipt about payment of the state duty.
And of course you can file a claim only from you wife. This is your right, even if the consent of her husband does not. If her husband fails to appear in court, the court session, will be postponed. Failure to appear again, you will be divorced without him and his consent.