How to file for divorce
How to file for divorce
Depending on the specific conditions, the lawprovides for divorce in the registry office and in court. Sometimes it can be difficult for spouses to sort out which authority to apply for, what to indicate in it, and what documents are required for a divorce.
You will need
- Passport, marriage certificate, TIN, birth certificate of children
Instructions
1
Dissolution of marriage in the registry office is possible withconsent of both spouses and if they do not have common underage children. In the registry office will give the application form (form number 8), which is filed by both spouses. In the application indicate: 1. Name of spouses, their passport data, citizenship, place of birth and residence, nationality; 2. Date and number of the record of the act of marriage registration and which registry office it was registered; 3. The text of the application, which contains the request of the spouses for the dissolution of the marriage and indicates the names that the spouses will leave to themselves after the divorce; 4. Date and signatures of spouses. A spouse's passport, a marriage certificate and a receipt for payment of state duty apply to the divorce application. Marriage annulment takes place one month after the application is filed. During this time, any spouse can pick up the application.
2
Divorce can be done in the registry office also onthe application of one spouse, even if there are general minor children, if the other spouse is declared incompetent by the court, missing, or sentenced to imprisonment for more than 3 years. In this case, the application for divorce is completed in Form No. 9. The application is attached, in addition to the above-mentioned documents, an extract from the court ruling on recognizing the spouse as legally incapacitated or missing, or from a court verdict.
3
The World Court is considering a divorce casethe application of one of the spouses if: 1. One of the spouses shies away from the divorce in the registry office; 2. There are no disputes about the further residence and upbringing of children; 3. There are no disputes about the division of property acquired in marriage and the payment of alimony. If the value of the disputed property does not exceed 50 thousand rubles, the case is also considered by a justice of the peace. The statement of claim contains: 1. The name of the court or the name of the magistrate; 2. Name and place of residence of the claimant and the respondent3. Date and place of marriage; 4. Information on the defendant's consent to divorce; 5. Information on general minor children and their place of residence after the divorce; 6. Request for divorce, specifying the reasons, recovery of alimony and division of property. Attachment to the statement of claim: 1. Certificate of marriage; 2. Certificates of birth of common minor children; 3. Information on incomes of spouses; 4. Inventory of jointly acquired property; 5. A copy of the statement of claim and a receipt for payment of the state duty. The world judge considers cases of divorce within 1 month.
4
A district or city court is consideringa statement if the spouses failed to reach an agreement on the issues of residence of general minor children, on the payment of alimony and the sharing of joint property, the value of which exceeds 50,000 rubles. The statement of claim is made in the same way as for the world court. The time for considering a divorce case in a district court is no more than 2 months. from the moment of submission of the statement of claim, however in some cases this term can be prolonged till 3 months.
