Divorce how to properly draw up documents. How to apply for a divorce through the court and what documents are required. Divorce in the family when there are two or more children

08.07.2021

If the spouses decide to divorce, they are given a choice - to do it in the registry office or in court. But, if there is a son or daughter in the family, you don’t have to choose - according to family law, if there are minor children, divorce is possible only through the courts. Litigation is known to be more complex, lengthy and troublesome, especially with regard to the collection of documentation.

More information about the procedure for dissolution of marriage with children can be found in the articles "" or "".

In this article, we will consider what documents are needed in order to get a divorce in court if you have a child in Russia.

What is required for a divorce through the courts?

First of all, I must say that there is a standard list of documents for divorce, consisting of ...

Claim statement;
Spouses' passports;
Marriage certificates;
Receipts for payment of state duty.

However, depending on the circumstances, the list of documents is replenished - other certificates, certificates, receipts, extracts and other “papers” are required. During the trial, the court may require additional documentation in addition to the one already filed.

Below is a complete list of documents that may be required for a divorce of a married couple with a child in court.

A statement of claim for divorce, which must be drawn up in accordance with the requirements of civil procedural legislation and contain the following data:

the full name and location of the judicial authority in which the divorce suit is filed;
information about the spouses - the plaintiff and the defendant - full name, date of birth, residential address, phone number, passport details;
information about the place and time of marriage registration - indicating the details of the marriage certificate;
information about children - full name, date of birth, address of residence - indicating the details of birth certificates;
reasons for divorce;
information about whether issues of divorce, questions about children (, the procedure for upbringing and material support) have been settled between the spouses. If these issues are not settled, then should they be settled in court;
requirements for the court - to dissolve the marriage (in addition - to resolve the dispute about children, if any);
complete list of documents;
the date the claim was filed;
signature.

Passports plaintiff and defendant;
Marriage registration certificate;
(if any);
providing for the place of residence, the procedure for maintaining and raising a son or daughter after a divorce (if any);
, providing for the procedure for paying child support by one of the parents after a divorce (if any);
Children's birth certificates divorced spouses;
Extract from the apartment (house) book- confirming the fact that children live together with their parents (or with one of the parents);
income statement spouses who are divorcing (if the claim for divorce also includes a claim for alimony);
Defendant's Declaration of Consent to Divorce with a request to consider the claim in his absence, if the defendant has no objections to the claims of the plaintiff for divorce and is unable (unwilling) to attend the court session;
State duty payment receipt(more details on the size and procedure for paying the state duty can be found in the article "").

Where do you apply for divorce if you have a child?

According to the provisions of Art. 28 Code of Civil Procedure of the Russian Federation, the plaintiff files a lawsuit at the place of residence of the defendant. However, there is a clarification in the law - in the case of cohabitation with the plaintiff of a minor son or daughter (or if there are other good reasons - illness, incapacity, being in prison), you can also submit documents. To do this, you must present a supporting document (certificate from the housing authority at the place of residence, certificate medical institution, a certificate from the authorities of the colony).

A full package of documents, together with a divorce suit for spouses with minor children, is submitted ...

to the world court(if there are no disputes between the spouses regarding children or property);
to the district/city court(if the spouses could not reach agreement on the place of residence and maintenance of children after a divorce, division of property worth more than 50 thousand rubles).

You can file a claim in person, or you can -. In the second case, the list of documents is replenished with a notarized power of attorney.

A marriage is dissolved in court if you:

have minor children;
there is no mutual consent to divorce (regardless of the presence of joint minor children).

If you do not have minor children and there is a mutual agreement to divorce, or if your spouse has been convicted for more than three years, declared missing or incompetent, you need to contact the registry office directly.

2. How to file for divorce?

To dissolve a marriage through the court, you will need the following documents:

On divorce:
- in magistrate's Court,

On divorce and division of property:

"> statement of claim;

marriage registration certificate (in case of loss of the original, it is required to obtain it from the registry office that carried out the state registration of the marriage);

the defendant (if the claim is filed at the place of residence of the defendant) or an extract from the plaintiff's house register (if the claim is filed at the place of residence of the plaintiff);

birth certificates of minor children (notarized copies), if you have children;

Everything about the state duty for the services provided by the courts:

If everything is in order with the documents submitted to the court, you will be assigned a date for hearing your case within two weeks.

3. What's going on in the courtroom?

If at the court session both spouses (personally or through representatives) come to a mutual agreement on the dissolution of the marriage, the court will issue a divorce decree after the first session. If one of the spouses refuses to divorce, the court will give a period of one to three months for reconciliation.

If the opinion does not change by the second meeting, the court will decide on a divorce and issue an appropriate resolution.

If the spouse (or his representative) who does not want to dissolve the marriage does not come to court three times, the marriage will be dissolved without his participation after the third meeting.

4. Do I need to go to the registry office then?

Yes need. Once you receive a court decision and it comes into force, you will no longer be considered a husband and wife, but you will need to register the fact of divorce and obtain divorce certificates. You will need:

identity document;
a copy of the court decision on the dissolution of the marriage (it must enter into force);
If you are divorcing by mutual consent, each spouse must pay the state fee. In case of dissolution of a marriage with a spouse convicted for more than three years, recognized as missing or incapacitated spouse, only the person who files for divorce pays the state duty.
Information on payment is available on the registry office management page on the website. Some are exempt from paying state duty.
You can pay the state duty at any bank.
According to Law No. 210-FZ "On the organization of the provision of state and municipal services" dated July 27, 2010, you are required to pay a state duty, but have the right not to present a receipt.
">receipt on payment of the state fee;
power of attorney for a representative (if you are unable to submit documents in person. The power of attorney must be notarized);
enhanced qualified electronic signature of both spouses (if the application is submitted through the public services portal).

You can file documents for divorce at the registry office of Moscow at the place of residence or at the place of registration of marriage. If the application is joint and you do not have joint minor children, the application can be submitted electronically on the public services portal. A divorce certificate will be issued on the day of application.

If the termination has already been registered by one of the spouses, it is advisable (but not necessary!) for the second spouse to apply to the same registry office.

5. How to divorce a foreigner?

It is possible to dissolve a marriage with a citizen of another country or a stateless person permanently residing in the territory of another state both in Russia and abroad. But if your husband (your wife), despite his foreign citizenship, permanently resides in Russia, you need to get a divorce in the territory Russian Federation.

In Russia, the procedure for a divorce from a foreigner is no different from a divorce from a citizen of the Russian Federation. Except that all documents in a foreign language must be legalized (unless otherwise provided by international treaties of the Russian Federation) and translated into Russian. The correctness of the translation must be certified by a Russian notary.

If you decide to get a divorce on the territory of a foreign state, do not forget that the marriage will be terminated according to the laws of this state. If they do not contradict the laws of the Russian Federation, the divorce will be considered valid in Russia as well. However, the document will need to be legalized for further use on the territory of the Russian Federation (apostille or consular legalization).

the spouses are the adoptive parent and the adopted child;

one of the spouses was declared incompetent by the court at the conclusion of the marriage;

one of the spouses hid from the other the presence of a venereal disease or HIV infection.

These circumstances must be proven in court.

Content

If in family life there is no order, the world is no longer possible, that is, there are two ways: to put up or part. When people realize that they no longer have the strength to be together, they will be judged. The main dilemma is how to file for divorce productively, without a world order?

divorce proceedings

When choosing to leave a marriage, people must approach such a difficult task correctly, carefully. The divorce procedure is unpleasant, it is difficult to break off relations even with a sole desire. In order for the spouse to gain the long-awaited freedom, a trial and a fair verdict at one of the hearings will be required. If there are no property disputes and wrangling, the children are already adults or did not have time to be born at all, it is required to visit the registry office to quickly resolve this administrative issue on completely compromise world conditions.

Through the court

It is very problematic to divorce with lawsuits and petitions, it is much easier to visit the registry office twice. Dissolution of a marriage through a court is a mentally difficult, stressful and lengthy process that requires not only the mutual desire of a married couple to leave forever, but also the presentation of a number of references from family life for consideration by a fair judge.

The first step is to correctly write a written appeal to the court with a wish to terminate the bonds of marriage with your wife (husband). Here we are talking about a legal organization according to the residence permit of the defendant's spouse. The applicant must correctly fill out a standard form. On a special form, you must specify the following information in a certain sequence. This is:

place, date of the wedding day;
arguments for your desire to get a divorce;
the presence of small children, the presence of property;
basic requirements and wishes for the opposing side;
information about the upcoming provision of children.

Through the registry office

If the ex-spouses have no claims and common children to raise, then the trip to the judge can be postponed indefinitely. The plaintiff and the defendant will have a divorce procedure through the registry office, after 30 days the document on the breakdown of the marriage is officially handed out and will enter the legal field. To avoid lengthy proceedings, it is advisable to comply with the following mandatory conditions:

mutual and unhindered desire, the consent of the spouses to leave;
lack of small children and claims to the property division;
appearance at the registry office with passport data and a marriage document.

What is needed for a divorce

In fact, you will need the desire and desire to start an independent life, to leave the other half only in bad memories. This is formal, but in fact you need to provide, in addition to a correctly completed sample, a number of mandatory certificates for consideration. It's about about copies that it is advisable to notarize in advance. When asked what is needed to file for divorce, they will tell everyone in the appropriate authority - it is not every day that you have to get a divorce, here you need to make a responsible decision.

If there are minor children

If a teenager under the age of 18 is brought up by ex-spouses, then parents are allowed to divorce only by court order. In the registry office, the documents will still not be accepted, even if there are no claims at all on the upbringing of the younger generation, and the paper is drawn up correctly. Before filing for divorce, if you have a child, you should consult with a family lawyer or a paid lawyer, enlist his support, competently draw up a claim. Only then can we count on a successful outcome of the ongoing production.

Unilaterally

If in a couple a husband or wife opposes the collapse of the family, then the second one has certain problems, delay is not ruled out. However, you should not worry too much about this, since the standard divorce procedure can be carried out correctly and unilaterally. Divorce at the request of one of the spouses is a normal phenomenon, only the plaintiff draws up the required documents on his own, while correctly expressing his thoughts on the form. It is very important that the problems in relation to the growing children and property are resolved in his favor.

How to file for divorce

After filling out the form, it is necessary to make a copy of the marriage certificate and other joint documents, to certify first at the notary. Then you need to correctly submit the complete set to the registry (office) of the court, where, after checking the received data, an incoming number will be issued. This means that the plaintiff managed to correctly file for divorce. It remains only to wait for the notice to appear at the preliminary and subsequent meetings. Nothing complicated, but it would be correct to first familiarize yourself with the provisions of the Family Code.

Which registry office to apply to

Drawing up a paper according to the provided sample will not be particularly difficult. The question may arise elsewhere: where to apply for a divorce through the registry office? There are two options - according to the registration of the husband or wife. The address of one of them is known, since at one time a statement was sent to this registry office about the desire to legalize their relationship. You will also have to pay the state duty for the breakup of the family.

Online

The first step is to register on the site, and then apply. To do this, you must provide the data of the passports of two participants, SNILS, a marriage document, and additionally send copies of these documents. An online divorce application is being studied in a regular manner, the main thing is to establish a notification method for the plaintiff. This can be a message to a mobile or email address.

Through the court

The law states: one spouse can send a claim to the court at the residence of the respondent spouse. It is allowed to receive the divorce application form in person at the office or fill it out correctly online. A prerequisite in both cases is to get an incoming number, after which you can control the trial process. The list of required documents is updated, so you need to carefully study the reference information.

Where to file for divorce

If the collapse of family life is inevitable, the plaintiff must apply to the registry office or the district court at the residence of the respondent spouse. If the other half has a nonresident residence permit, it is not forbidden to file a claim with the court of your district. There are other reasons why an administrative case is initiated and considered in the district of the plaintiff. With the question of where to apply for a divorce, it is better to contact a practicing lawyer, look on the Internet for yourself.

Documents for divorce in the registry office

In this case, filing an application is as easy as shelling pears, and both spouses must have an internal passport and a marriage document with them. This is the answer to the question of what documents are needed for a divorce. The originals are confiscated, and after 30 calendar days already divorced people receive a new document with seals, which is preliminarily registered in the database. Unilaterally, the required procedure is not carried out even in the absence of a common child, property. The right thing to do is to go to the judge.

Through the court

A form filled out according to the model is not at all enough to get involved in the divorce process as soon as possible. Additionally, the judge requires a full package of documents that reveal the essence of the family as a social unit of society. This is a standard list that is included in the procedure for filing a claim. If you need information about what documents are required for a divorce through the court, the list is presented below:

sample statement;
civil passports of husband, wife;
marriage document;
birth certificates of adopted or married children;
documents on the ownership of property;
other references at the will of the judge.

The procedure for dissolution of marriage

Registration of certificates and applications is only the beginning of a long journey to freedom. The plaintiff wants to do whatever is necessary to expedite the outcome, but the law can slow down the whole process. Being interested in how a divorce happens, it is important to understand that everything is much faster in the registry office than a tedious showdown in court. Although each family has its own nuances.

Terms of divorce through the registry office

Before filing a divorce, ex-spouses ask how soon they will receive the appropriate document. The answer depends on many factors. If you apply online, you can get a divorce faster, especially when litigation is not required. The terms for divorce through the registry office are 1 month from the date of registration and filing of the claim. This is useful information when solving a life problem, how to properly file for divorce without a settlement.

By court

Before you properly file for divorce, it is important to understand that you will have to go to the judge with children and property. Without a peace agreement between the spouses, the terms of divorce through the court with children are not standardized. Everything depends on the number of meetings and opportunities to reconcile the warring parties. Preliminary hearing of the case is obligatory, then several more meetings. It is important to resolve issues of alimony, to determine the comfort zone of the child and the fate of the property acquired by the couple. So when answering how a person should file for divorce correctly, there are nuances.

How much does it cost to file for divorce

Before getting a divorce, it is important to find out how much it costs to file for a divorce. Big financial difficulties are also coming, so you should think about the world warring spouses. Otherwise, you will have to draw up documents, pay off a lawyer and pay a state duty. Such a public service is limited to 650 rubles per registry office participating in the divorce proceedings. When applying statement of claim unilaterally, the cost of the state contribution is 350 rubles, the cost varies.

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Discuss

How to file for divorce: the procedure for dissolution of marriage

If the time comes when both spouses understand that ending the relationship is the right choice, the question arises - what needs to be done to file for divorce? It is known that this is not an easy process, which can be complicated by the presence of common property and children. In a single case, you need to contact different state institutions.

Let us analyze in more detail the situation on how to properly file for divorce in Russia, since more and more married couples in our country end their marriage.

Important! If you yourself analyze your case related to filing for divorce in Russia, then you should remember that:

Each case is unique and individual.
Understanding the basics of the law is useful, but does not guarantee the achievement of results.
The possibility of a positive outcome depends on many factors.

How to apply for a divorce

How is a divorce filed? The very process of terminating a marriage begins with the filing of a joint application for divorce by a married couple, or with an application by either of them. It must be submitted to the registry office, the world or district court at the residence of the defendant himself.

The couple go to the registry office together.

A married couple goes to the registry office, both spouses write an application if they are ready to end the marriage by common consent, and if they do not have children under the age of 18. The leadership of the registry office must issue a document confirming the divorce (certificate) to the former married couple within one month.

One of the spouses goes to the registry office.

How to file for divorce for one of the spouses? Exceptions are allowed when a husband or wife can apply to the local registry office to terminate the marriage, even if there are minor children. For example, this is possible, for example, when one of the spouses was for a period of three years or more. In addition, if one of them is incompetent by decision of a special commission or is considered missing. All situations where one of the spouses can file for divorce at the local registry office, even with common children, are reflected in the Family Code of the Russian Federation (hereinafter referred to as the RF IC).

Dissolution of marriage in court.

If only one of the spouses needs a divorce, and the total acquired property does not exceed the amount of 100 thousand rubles, and one of the spouses does not appear in the registry office, such a marriage is terminated through a justice of the peace (see RF IC, art. 21-23) .

If the couple already has minor children, or in cases where the total property of the married couple exceeds 100 thousand rubles in size, the dissolution of the marriage is carried out in the district court (see the RF IC, art. 21-23).

A spouse cannot file an application with a judicial authority if the wife is pregnant or has a young child under one year old. (IC RF, art. 17). However, the spouse can file her claim at any time.

State duty for divorce proceedings in 2016

If a married couple does not have common minor children, and both spouses are ready for a divorce, you need to contact the local registry office, fill out an application and pay a fee to each.

Since 2015, the Tax Code of the Russian Federation (Article 25.3) has been amended regarding the amount of the state duty:

Cost Conditions for those who pay 650 rubles. Through the registry office with the consent of both spouses, without the presence of children. Each of the spouses pays the state duty. 350 rubles. Through the registry office in case of a unilateral filing of a claim (when one of the spouses is recognized as incapacitated, as well as dead or missing, or while serving a sentence convicted). The applicant himself pays. 650 rubles. Through the court session. Each spouse pays. Or one of them takes the costs for himself free of charge. the amount of the state feePaid by the plaintiff for filing a property plan claim (for example, for the recovery of alimony or a share of joint property) and is determined on the basis of the value of the claim - the size of the claims.

How to file for divorce step by step

Collect all necessary documents.
Submit an application and all necessary documents to the court or the registry office.
The presence of the plaintiff at the court, as well as notification of the defendant about the meeting in the judicial body, is required.
If the court gave the couple time to reconcile the parties for a period of one month, but the spouse and spouse did not appear on the appointed date, the judge has the right to annul this claim and recognize both parties as reconciled.

Documents required for divorce

Application to the registry office or court. The claim is submitted only in writing. In it, the husband and wife confirm that both are not against the dissolution of their own marriage, and also do not have minor children.

In the application, which is drawn up in the registry office, you must specify:

passport data (full name, place and date of birth, residence permit, place of registration, citizenship);
information of the document on registration of the marriage union;
surnames that the spouses leave for themselves after the divorce proceedings;
date and signatures of the spouses.

In the application, which the plaintiff draws up in court, it is necessary to enter:

passport details of the spouses (name, place and date of birth, place of registration, citizenship, actual place of residence);
data of the certificate of registration of official marriage;
reasons for the termination of marriage;
data on claims (child support, also division of property, a controversial moment about the further residence of one or more children under 18 years of age).

An application-claim to the judicial authorities is filed at the place of registration (residence) of the defendant. In addition, if he is not a citizen of the Russian Federation, or his place of residence is not in Russia, or is not known at all, then the plaintiff files an application with the court, which is located at the place of the last registration of the defendant, or at the place where the defendant's property is located. The application-claim of the plaintiff for the termination of marriage shall be accompanied by the passport data of the spouses, copies of this information, and a marriage certificate.

If a divorce suit is filed in a district or magistrate court, the following documentation must be attached to it:

divorce application;
copies of the original claim for termination of marriage;
a receipt from a banking institution confirming the payment of the divorce fee (the details must be clarified with the judicial authority);
if a representative acts for the plaintiff at the court session, it is necessary to present a power of attorney certifying his actions;
when putting forward any requirements (conditions), all important documents, which confirm all the circumstances, copies of documents for the defendants, third parties;
documentation that confirms the pre-trial procedure for resolving this dispute;
provision by the plaintiff of the amount of money that they intend to receive from the defendant;
original or duplicate of the marriage certificate;
documentation of the birth of a child (that is, a certificate), or a copy of it with a certified signature of a notary;
certificate-extract from the "house book" at the place of residence of the defendant's spouse;
certificate of the defendant's available income (if a claim for the payment of alimony is being considered);
if the defendant is not against the termination of the marriage, a written statement about this must be submitted;
prenuptial agreement (if required).

The list of documents that must be submitted before the divorce may be different - it depends on the requirements of the judge. The list of required documentation is not approved by Russian laws, so it may change. The process of termination of the marriage union begins by the court only in the event of complete list required documents, the name of which the plaintiff can find out even before filing an application with the court. If the judge needs additional documentation about the plaintiff's details, the defendant will be notified in court.

Defendant's spouse did not attend the hearing

If the spouse did not come to the meeting on the divorce procedure, it is possible for the plaintiff to get a divorce, even if the couple has one minor child or more.

If one of the spouses cannot be in court for any reason, he is entitled to represent his representative instead of himself, having received a power of attorney from a notary. The plaintiff has similar rights to a representative in court.
If the defendant has a good reason why he cannot be at one of the meetings, he must submit a completed application to the court, the divorce process will be postponed for a certain period.
If the defendant did not come to the meeting regarding the divorce, without good reason, the termination of the marriage will take place without him.
If the defendant had good reasons did not appear at the court session, however, it passed without him, and a ruling was issued on the dissolution of the marriage, the defendant has the right to file an application for the annulment of the court decision. The spouse has the right to file an application within a week from the time from which he was provided with a copy of the court decision. Then, a cassation appeal can be written against the court decision on the completed process.
If the defendant ignored the court hearings on divorce, then the divorce procedure will be extended for another 30 days.

How to apply to the plaintiff-wife to end the marriage if the husband does not want to get a divorce?

Often the divorce process is delayed due to, or ambiguities with the children that have arisen. First of all, you need to file a claim. lawsuits property nature preferably filed at the same time as the application for divorce.

The wife must pay the divorce fee herself, not wait until the husband pays. The court session takes place approximately thirty days after the plaintiff submits the relevant application. He must be present at the court without fail, answer all questions, argue the decision to divorce.
To pay alimony, the plaintiff's wife must submit to the judicial authority a certificate of her husband's income. If the plaintiff did not officially work during the years of marriage, was on maternity leave, currently has a small child, he can demand maintenance payments from the defendant husband, including for his maintenance.
If the defendant wants reconciliation, he does not have to ignore participation in the meetings, because he can also express his disagreement with the divorce there. The decision is made by the judge himself - if the defendant convinces him of the sincerity of his words, the further process may be postponed for a certain period (three months maximum).
If the defendant-spouse is against the termination of the marriage and deliberately evades the court session, the judge may make a decision on divorce at the 3rd session in absentia.
Within 10 days after the provision of a certificate of dissolution of marriage, the plaintiff's wife may file an application with the judicial authority to cancel the decision and consider the divorce process again.

There are many nuances and peculiarities in the divorce process, in order to fully understand them, it is better to contact experienced lawyers.

If there is a minor child in the family, this does not mean that his parents cannot dissolve their marriage. But in this case, the procedure will look a little different than in the absence of joint children under 18 years of age. It should be considered what documents for a divorce with a child need to be prepared, how the divorce process will take place, what rights the parents have and what responsibilities they bear.

Is it possible to get a divorce through the registry office

Traditionally, the registry office is engaged, but not in the case when there are children in the family. Accordingly, the documents required for divorce will need to be submitted to the Magistrate's Court, except for the following situations:

If one of the spouses is recognized as missing, missing for more than one year and his place of residence is unknown.
One of the parents is imprisoned for more than 3 years.
If one of the parents has lost legal capacity.

In these cases, you can also get a divorce through the registry office, but you must definitely provide a court decision, because each of the facts presented is established in court. In addition, you need a passport, marriage certificate, payment of the state fee.

Divorce through court

Before you wonder where to file for divorce, you need to consider a few nuances. Firstly, if the child was born before marriage, and paternity has not been established, then you can get a divorce through the registry office. Secondly, divorce through the court occurs only between spouses who have children in common. At the same time, both parents, by mutual agreement, and one of them can apply.

You can file documents for divorce with a child in the Magistrate's Court, but only if there is no dispute between the spouses about who the children will remain with. If there is a disagreement, then you should go to the district court.

Statement of claim

The list of documents for divorce is not so long:

passport;
birth and marriage certificates;
statement of claim;
confirmation of payment of the state fee.

Keep in mind that all documents need photocopies, and in the absence of originals, they must be notarized.

Now you need to draw up It should be written according to the following plan:

Name of the municipal institution.
Surname, name and patronymic of both spouses, their place of residence.
Description of the essence of the issue, starting from the moment of marriage, the birth of children and the desire to divorce.
It is necessary to identify controversial points, if any, regarding the division of jointly acquired property and
The last part of the statement of claim is a petition to the court to dissolve the marriage, divide the jointly acquired property, determine the place of residence of the children, and assign alimony.

By the way, if there are disputes over children or property, the plaintiff must provide the court with arguments and evidence. The application and a package of documents are transferred to the court office at the place of residence of the defendant.

How will the divorce process go?

After the documents for divorce with the child have been submitted to the court, the judge considers within 3 days and sets the date and time for the court hearing. Both spouses will be notified of her by registered letter.

The timing of a divorce case depends on many factors. Here is a list of those that will speed up the divorce process:

At each meeting are both parties to the trial.
Their decision to dissolve the marriage is mutual.
There are no disputes over the division of jointly acquired property.

Otherwise, court hearings will last quite a long time. Spouses are more expedient to agree among themselves before the hearing in court.

How to prepare for a court hearing

You do not need to worry only about what documents to file for divorce, because, in addition, you need to carefully prepare for the meeting. In court, everyone defends their interests, especially when any disputes and disagreements arise. Accordingly, it is necessary to prepare various kinds of evidence in order to increase the chances of the judge making a decision in his favor.

You can present to the court as evidence:

documents or notarized copies;
video or audio recordings;
testimony of witnesses;
expert opinions.

What to do if one of the spouses does not agree to a divorce

Oddly enough, but in most cases, only one of the spouses initiates the dissolution of the marriage, and the second does not agree with this decision. Accordingly, the situation is aggravated, and the judicial procedure is delayed.

It is worth noting that there are also cases when the spouse does not have a marriage certificate, but at the same time he wants to file an application with the court. The question arises as to what documents are needed for a divorce in this situation. To solve the problem, you need to contact the registry office and take a duplicate or certificate of state registration of marriage.

Further, it must be borne in mind that if the spouses have not reached a consensus, then unpleasant moments may appear for the dissolution of their marriage. Firstly, the judge will set a time limit for reconciliation - 3 months. Secondly, you will have to spend a lot of time and effort searching for and collecting evidence that will help protect your own interests.

With whom will the child remain after the dissolution of the marriage

In any case, if there are minor children, and at the same time both spouses agree to a divorce, only a court can terminate their union. The only advantage in this situation is that the process will not drag on for a long time.

In this case, the father has a chance to determine the place of residence of the child with him. Check out what divorce documents you need to provide in this case, or rather, what evidence to present during the court session:

the mother does not have a regular income;
there are unfavorable housing conditions for the child;
mother has negative qualities which may adversely affect the psychological health of the child.

It is worth noting that if children are over 10 years old, then their opinion is taken into account by the court, and the latter makes a decision based on the attachment of each young citizen to one of the parents.

But in most cases, the parents agree among themselves and indicate the conditions and frequency of his stay with the second parent.

Child support

The parent with whom the child will remain needs to take care of which after the divorce must be submitted to the court. You can file for alimony before or after the process, or along with a divorce claim.

There are many nuances here. First, if the wife is on parental leave and the child is under three years of age, then her husband will pay maintenance for her and their children. Secondly, if the spouse is not employed and, accordingly, he does not have a permanent income, this circumstance is not grounds for refusing to collect alimony.

So, in order for the court to order alimony for the maintenance of a minor child, the following documents must be submitted:

statement of claim;
passport and copy;
birth certificate;
marriage certificate or its dissolution;
proof that the child lives with the plaintiff;
information about the composition of the family;
written substantiation of expenses for the maintenance of a minor child.

The package of documents should be submitted to the court office at the place of registration of the defendant.

Property division

Where to apply for divorce (with a child), if there are disagreements on the division of jointly acquired property? These issues are resolved by the Magistrate's Court in the framework of the proceedings for the dissolution of the marriage.

Today, the question that is relevant for many is: "How is the housing that is bought at the expense of a mortgage divided, but the housing loan is not repaid?" The fact is that if there is a child in the family, the court takes into account his interests in the first place. For example, if housing remains for the mother and child, then the father is paid monetary compensation equal to his share in the housing. But at the same time, both spouses are obliged to make mortgage payments.

Similarly, all the property of the spouses is divided, that is, taking into account the interests of minor children. Property belonging to children cannot be subject to division, including money left by their parents in bank accounts. By the way, you can only file a lawsuit against the partition within three years after the dissolution of the marriage.

Divorce process if the child is less than one year old

If the baby is under one year old, then only the spouse can apply to the court for divorce. The father cannot leave the family, especially if his other half is against it. In this case, you can agree peacefully and by mutual consent to dissolve the marriage or wait for the first birthday of the child. The wife's pregnancy can also be a reason for the refusal of a divorce court.

Documents for divorce with a child who is less than one year old remain the same, but only the mother can act as a plaintiff.

Conclusion

Before deciding on a divorce, it is worth considering everything in detail. First of all, you need to consider the interests of your children. Even if reconciliation between spouses is impossible, this is not a reason to forget about them. In any case, the interests of children will be necessarily taken into account in the first place.