Statement of claim for dissolution of marriage, determination of the child’s place of residence and alimony (sample)
the Petersburg Legal Center offers You a full range of services on family issues and family disputes relating to the dissolution of marriage, division of property of spouses, the determination of the child’s residence, the recovery of alimony, other issues of family law (from drawing up of the claim to conduct the case in court “turnkey”, including without Your participation).
the Cost of legal services:
- Preparation of the claim in court for dissolution of marriage, the determination of the child’s place of residence and recovery of alimony – from 4500 rubles.
- Conducting a case in court on the dissolution of marriage “turnkey” – from 13000 rubles.
- Legal advice on family law – 1500 rubles. When signing a contract for the provision of services – for free.
You can get detailed information about our services and their prices by calling us at: +7(812) 982-11-11 , +7(812) 927-90-99 or by writing to e-mail: firstname.lastname@example.org.
We will be glad to help you!
With some of the court cases, won by our lawyers, You can see in section Judicial practice on family disputes, division of property of spouses.
STATEMENT for the dissolution of the marriage, the determination of the place of residence of the child and the recovery of alimony (sample, form)
(name of the court of first instance)
STATEMENT OF CLAIM
about the dissolution of the marriage, the determination of the child’s place of residence and alimony
Between me ___________________________ (full name of claimant), and ____________________ (full name of defendant) “___”_________ ____ year was registered marriage in _______________________ (specify name of registry office, which registered the marriage).
A child (children) was born from our marriage ___________________ _________ (full name of child/children/) _____________ year of birth (date, month, year of birth of child/children).
A life together with the defendant (respondent) did not work out, because _________________ (state reasons).
As of “___”_________ ____, the marital relationship between us has effectively ended and there has been no joint household.
Reconciliation between me and the defendant (respondent), our further life together and the preservation of the family is impossible.
The respondent (defendant) is in agreement with the dissolution of the marriage ________________ __________ (I agree, I do not agree).
An agreement has been reached between us on the division of property acquired during the marriage and which is the joint property of the spouses.
No agreement has been reached between me and the defendant (respondent) on issues related to the upbringing, education, maintenance and place of residence of the child(ren).
The child (children) must live with me, since __________ ___________________________________ (specify the arguments in favor of the plaintiff living with the child/children together. These may include: the attachment of the child to this parent, siblings; the age of the child; moral and other personal qualities of the parents; the relationship that exists between each parent and child; the capacity (or lack thereof) of each parent to create favorable conditions for the child’s upbringing and development (occupation, work schedule, financial and family status of parents); proximity to home of the child’s educational/preschool institution, etc.).
On the basis of the above and in accordance with Articles 21, 22, 24, 65, 80, 81 of the Family Code, I ask you to: 1:
1. To dissolve the marriage between me and the defendant (defendant) ____________________ (defendant’s full name) registered by _________________________ (name of the registry office) “___”________ ____. (date of registration of marriage), the record number ______________.
2. To determine the place of residence of the child (children) ____________________ (name of the child/children) with the plaintiff.
3. To exact from the defendant (defendant) alimony in favor of the child (children) _________________ (full name of the child/children) ____________ (date, month, year of birth of the child/children) in the amount of __________ from all types of income of the defendant.
1. Marriage certificate – at ____ page;
2. Child(ren) birth certificate – at ____ page;
3. Plaintiff’s income (salary) certificate – at ____ page;
4. Defendant’s proof of income (salary) – at ____ page;
5. Document confirming the payment of the state duty – at ______ page;
Lawsuit for dissolution of marriage through the court
For most people, divorce through the registry office is the most acceptable option from a psychological and financial point of view. However, this outcome is not always possible. In some cases, the dissolution of marriage is possible only in court and here it is important to correctly draft a statement of claim. An error in this point can lead to an unnecessary loss of time and other unpleasant consequences.
Sample. The form. Example
The easiest way to divorce through the Registry Office, then the statement of claim does not have to. However, in the case. if the spouses have children under the age of 18, as well as if the husband or wife do not intend to divorce, only a judicial option to resolve the problem is possible. This point is stipulated in Article 21 of the Family Code. There may be a long process ahead, and it begins with the filing of a lawsuit in the court of the right instance.
The principles of the statement of claim for dissolution of marriage, the rights and obligations of the parties and other related issues are regulated by the articles of the Civil Procedural code of the Russian Federation.
The statement of claim must contain the following information:
- The name of the court, the city of its location.
- Full name of the plaintiff and defendant, their addresses, if possible – contact telephone numbers.
- Information about the date of marriage, with whom it was concluded, to what time lived together, whether a common household.
- Whether there are any disputes over jointly acquired property.
- Information about joint children, as well as possible disputes between the parties on this issue.
- References to legislative acts, according to which the filing of a lawsuit in court is lawful p. 1 of Art. 23 of the Family Code if one of the parties does not agree to divorce, or p. 1 of Art. 1 of Art. 21 of the UK Russian Federation by consent of one of the parties, as well as Art. 23, 131-132 of the Civil Procedural Code.
- The essence of the claim: a request to dissolve the marriage between the plaintiff and the defendant, indicating the date of registration, the name of the Registry Office, where the marriage took place and the number of the act record.
- A list of the documents attached to the statement of claim with the number of copies (by the number of persons participating in the divorce proceedings).
- Date of the statement of claim and the signature of the plaintiff.
The first two items are indicated at the top right side of the document. The claim may be typed on a computer or handwritten. The main condition – it should not be crossed out, corrections and blots. To avoid them, you can download from any of the sites suitable form, print it and fill in.
Many questions from the plaintiff arises about the indication of the motives and reasons for divorce. Is it necessary to specify reasons such as adultery, domestic insolvency, insults. In fact, this point is a mere formality and the court will not particularly consider.
However, in cases where one of the parties strongly reluctant to divorce, the judge may allow 3 months for reconciliation. If such an outcome is not desirable, one may specify in the petition a reason for the divorce such as a strong reluctance to be together or a serious difference of opinion about life. These reasons are not a guarantee of immediate divorce, but they may be given. The main thing is not to write in the style of novels and not to disclose the intimate parts of the marriage is not allowed in the statement of claim.
The statement of claim must specify the requirements of the plaintiff. Such may be the following:
- A petition to dissolve the marriage;
- a request to determine with whom the children will remain and their understanding of the issue;
- request for the recovery of money for the maintenance of the child
- a petition for alimony for oneself;
- Requirement to divide jointly acquired property.
The statement of claim may include one or more of the above reasons. However, if you need a divorce as soon as possible, it is better to specify one main requirement. Otherwise, the court will consider each application separately and the process may take several months. In addition, preparing a package of documents will be more difficult, you will have to comprehensively study the procedure, collect the necessary evidence and papers. Most likely, without a lawyer in this situation will not do.
The suit must be accompanied by the necessary documents, their list is displayed in the text of the application. In the case of dissolution of marriage in court, you must provide, in addition to the original statement of claim, copies of it.
Additional documents to the statement of claim:
- certificate of marriage;
- Birth certificates of children;
- copies of passports.
Be sure to attach to the statement of claim a receipt about payment of state duty.
Depending on a particular situation, other documents may be required. For example, if the statement of claim contains a request to appoint the payment of disability, you must take a certificate of this from a medical institution.
If the plaintiff wishes to divorce and divide the jointly acquired property, it is necessary to prepare a certificate of ownership or an extract from the Uniform State Register of Rights, any documentary confirmation of the purchase of things (contract of purchase/sale, checks), if there was a marriage contract – the court will need to study it, too.
Often parents cannot agree on which of them the minor child will stay with. In such a situation, the plaintiff includes in the statement of claim a request to determine the residence of the child and must prepare the relevant documents – an act of a survey of housing, available characteristics (from work or school), certificates from medical institutions. Here it is better to consult in advance with a lawyer who will prompt a line of conduct, which may give the desired result, and prompt which specific documents must be obtained.
If the requirements of the Civil Procedural Code will be violated (incorrectly drafted statement of claim, there are mistakes, corrections, not listed or not filed the necessary documents), the court may refuse to consider the petition with an indication of the period within which to fix everything. If the petitioner takes no action in this regard, the petition will be returned. It is possible to file for divorce through the court again, but time will be lost.
State Duty for Divorce
The amount of state duty to be paid in the case of a divorce through the court is regulated by the Tax Code of the Russian Federation, more precisely – art. 333.19 ч. 5 clause 1. As of 2020 it amounts to 600 p.
However, if the statement of claim, along with the petition for dissolution of marriage will be indicated a desire to divide the jointly acquired property or other demands of a material nature, you will have to pay a completely different amount. In this case it will depend on the price of the claim, which, in turn, is identical to the value of the object of the property, in respect of which there are disputes. This point is specified in part 1 clause 1 of article 333.19 of the Tax Code of the RF
When calculating the value of the duty in this case the value of the property will be taken into consideration:
- Up to 20 000 rubles – 4% of the amount, but not less than 400 rubles;
- Up to 20 000 – 100 000 rubles – 3% of the property value, plus 800 rubles;
- 100,000 – 200,000 rubles – 2% + 3,200 rubles;
- 200,000 – 1,000,000 rubles – 1% + 5,200 rubles
- over 1,000,000 rubles – 0.5% + 3,200 rubles, but not more than 60,000 rubles.
Furthermore, it should be taken into consideration that according to clause 12 part 1 of Article 333.20 of the Tax Code of the RF, two state duties shall be paid in case of specifying property and non-property claims in one statement of claim.
Let’s consider this feature by example. Maria filed a lawsuit to dissolve her marriage with her husband Victor and to divide the jointly acquired house worth 2,000,000 rubles. The claim for divorce refers to non-property, and the state duty for this part of the claim is paid in the amount of 650 rubles.
However, the claim for division of the house is property in nature and here the state duty will be calculated as follows: 10,000 rubles (0.5% of the house value) + 3,200 rubles. The total is 13,200 rubles. The total amount of state duty for the statement of claim will be 13 800 rubles.
Requisites for payment of state duty on the statement of claim can be taken in the office of the court. However, it is necessary to calculate the amount yourself. It is therefore important to know what principle is used to calculate the state duty for a statement of claim of a property nature. A receipt for payment must be attached to the statement of claim, without it the court will not consider it.
In the event that the amount of state fees is too high for the plaintiff, and the financial situation is unstable, it is possible to ask the court to delay or allow the payment in installments. To do this, you must send a corresponding petition to the court or set it out directly in the statement of claim. At the same time to submit it before the statement of claim is not necessary – it will be returned without consideration.
It is important to prove that the financial capabilities of the plaintiff does not allow to pay the state duty in full. To do this, you need to be prepared to provide the following documents:
- a compiled list of available accounts, exposed to the tax authority;
- Extracts from the banks on the status of personal accounts and the lack of the necessary amount in them;
- documents confirming the need to pay back loans or other debt obligations;
- certificate of income from the place of employment;
- certificate from the Employment Center, if the claimant is unemployed.
These documents can not provide, but then there is a high probability of the refusal of the court in satisfaction of the request and to pay the state duty on the claim for dissolution of marriage will have to pay in full.
After the dissolution of marriage through the court will need to pay money again, this time for the state duty in the registry office, where you need to make changes to the registration and get a certificate of dissolution of marriage. The amount of state duty here will be 650 rubles from each of the parties.
Filing a suit for divorce at the place of residence
The drawn statement of claim, as well as the documents attached to it can be brought in person to the court office or send by mail. Usually, the claim is sent to the place of residence of the defendant. However, the law provides for the filing of a statement of claim and at the place of residence of the plaintiff, if there are relevant conditions:
- the Respondent resides in another locality, and the plaintiff cannot go there in connection with poor health or because of small children;
- The plaintiff is living with minor children;
- The defendant is missing and there is evidence that he is missing;
- The defendant is in the penitentiary;
- The defendant has been declared legally incompetent, as evidenced by medical reports.
In such situations, the plaintiff has the right to file an application at his place of residence.
The choice of the court, in which to send a statement of claim, depends on the specific circumstances. So, if the husband and wife have no disagreements about who the children will remain with, and there is a common understanding of the issues of division of property, the claim should be sent to a world court. If the spouses were not able to agree amicably on the place of future residence of children or have claims about the division of property, the value of which more than 50 000 rubles, as well as when the claimant requires the appointment of alimony to him or a child, the statement of claim should be sent to the district court.
Divorce with and without children
The presence of a minor child deprives the parents of the possibility of divorce without a court. The exception is when one spouse is recognized as legally incompetent, officially listed as missing or is serving a sentence in prison. In this case, the second spouse may divorce through the Registry Office. You can also act if the children are not common.
If the spouses were able to agree on who the children will remain with after the divorce. on what conditions they can see them, who is responsible for the future financial support of the child, the statement of claim is filed in a magistrates’ court. At the same time need to draw up an agreement in writing, which clearly spells out the following points:
- which of the parents will stay with the children after the dissolution of the marriage;
- How the parent living without children will participate in their upbringing and financial support, how and when they will see them;
- which of the spouses will pay alimony and its amount.
In this case, none of the provisions of the agreement should not violate the rights of the child. Bear in mind that if he is 10 years old at the time of the beginning of court proceedings, the court will also take into account his opinion regarding the place of further residence. This right is stipulated in Article 57 of the Family Code.
If it is not possible to agree between them, there are disputed understandings about the fate of the children and the order of their support, the statement of claim is filed in the district court. In this case, the fate of children will be determined by a court and the decision may not always satisfy the plaintiff, so it is better to seek compromise with her husband and strive to draw up an agreement.
In the statement of claim, in addition to the above information, it is necessary to specify the name, first name and patronymic completely all underage children, as well as the place of their residence at the time of filing the lawsuit. Specified in the application information should be provided with documentary evidence – birth certificates and certificate of residence.
In cases where there are common children, during the divorce, special attention is paid to the conditions in which they will live in the future. To do this, in accordance with Article 78 of the Family Code, representatives of the guardianship authorities are involved in the process of divorce. They assess the conditions at each parent’s place of residence and share their opinion in court about where the child will live better and more comfortably. Often, their opinion is a determining factor for the court to make a decision.
Child Support Obligation in a Divorce
Under the law, both parents are required to take care of the child until the age of 18. However, the issue of financial support is most acute after a divorce, which raises certain difficulties. To avoid them, the best option for each parent is to draw up an alimony agreement. In Russia, this document plays the same role as a court decision and is subject to compulsory execution. Therefore, it is necessary to specify in the lawsuit that the issue of material support is resolved voluntarily.
The amount of alimony is prescribed in Art. 81 of the Family Code and is:
- For one child ¼ of the income of the parent;
- For two children ⅓ of the income;
- for three or more children – half of the income.
If the parent has a non-permanent income or it is expressed in kind, a monthly payment of a certain amount can be established. In many cases, this state of affairs does not suit one of the parents, and therefore have to resolve the issue in court. court decision shall be enforceable, regardless of whether the parent agrees with it or not.
In addition to the recovery of alimony for the child, it is possible to determine the payments to the husband or wife. This can also be done in court, if it is not possible to agree otherwise.
Grounds for recovery of maintenance are:
- disability of 1, 2,3 groups;
- Retirement not later than 5 years after divorce;
- pregnancy which occurred during the marriage or within 300 days of divorce;
- care for a disabled child, if it is joint;
- care for a child within three years.
At the same time, the amount of child support must be fixed. Its amount is also determined by court order.
To solve the problem of recovery of alimony, when it is not possible to agree between them, you need to make a separate statement of claim or to include a corresponding requirement in the lawsuit concerning the dissolution of the marriage. Forward the application to the district court, as a rule, in the place of residence of the Respondent. Only in exceptional cases, the case may be considered in the district court at the place of residence of the plaintiff.
The form of the claim for the recovery of alimony – it can be arbitrary. One of the options below.
“The defendant has never given money for the maintenance of our son, is absolutely not interested in his life, ignores the needs. According to Article 80 of the Family Code, every parent must support their children. If this requirement of the law is violated, the parent has the right to collect alimony in court. Therefore, guided by the articles (list the appropriate article), I ask the court to exact from the defendant in my favor child support for (his name, surname, patronymic, year of birth) in the amount of (specify amount).
Making a statement of claim for dissolution of marriage with the payment of alimony in favor of the child or the plaintiff, you should understand that the requirements should not contradict the current legislation, violate in any way the rights and freedoms of a citizen. In this case, the document itself must be compiled in accordance with the norms of the Civil Procedural code of the Russian Federation, contain a list of enclosed documents. Proof of attempts to pre-trial settlement of the dispute is not required, but it will not be superfluous to attach them to the package of documents.
The cost of the state duty for a claim for alimony is 150 rubles. In case if one statement of claim contains a requirement to dissolve the marriage and the recovery of alimony on the child, husband, wife, you must be prepared to pay a state duty in the total amount of 750 rubles. In this case, the cost of the claim for the payment of alimony may be recovered from the defendant, which must be reported in the attached application.
The principles specified in this article of the statement of claim for divorce are common. In fact, the spouses by the time of termination of marriage accumulates a lot of mutual claims, some of which can be resolved in court. The statement of claim requires accurate wording, if necessary, reference to the relevant laws, it is important to collect the competent evidence base.
Inexperienced person to do everything correctly is difficult, so the chances of obtaining the desired result is small. Therefore, it is good if the drafting of a claim for divorce will be entrusted to an experienced lawyer or attorney. A specialist will help choose the tactics of conduct, prompt, what documents need to be collected, make a claim in compliance with all norms of the Civil Procedural Code of the Russian Federation and with the protection of the interests of the plaintiff. In this case, you can expect the court to render a result acceptable to the applicant.