Statement of claim for divorce through court with and without children

159

A sample statement of claim for divorce through a magistrate or district court in 2021 is easy and simple to find. The Internet is replete with a variety of claims. Sometimes they are not entirely correct or outright incorrect, precluding their acceptance by the court. To draw up a claim yourself, you will need a competent sample and an understanding of the differences between a claim for divorce with or without children. Let's look at how to correctly file a claim for divorce through court with and without children.

Claim for divorce with and without children: details of where to file

If you need to draw up a statement of claim for divorce yourself, then you first need to find out a number of different nuances regarding the procedure for drawing up a claim and presenting it to the court. It is also highly advisable to consult a lawyer.

Requirements for the form and content of the application are specified in Art. 131-132 Code of Civil Procedure of the Russian Federation. Ignoring them or violating them may result in the return of the claim to the applicant or its abandonment without further progress. In the second case, you will be asked to eliminate the deficiencies indicated by the court. If this requirement is ignored, the judge will return the claim with all attachments.

Mandatory details in a standard divorce claim:

1. The name of the judicial authority to which the application is submitted.
2. Full name of the parties to the case - plaintiff and defendant.
3. Registration addresses of the parties and residence (if they differ, you must indicate).
4. Title.
5. The introductory part, which reflects general information: date of marriage, details of the registration, place of marriage.
6. Data on the impossibility of divorce through the registry office.
7. Information about the impossibility of continuing family life, reasons, possibilities for reconciliation.
8. Information about alimony obligations and child support.
9. Links to articles of the Family Code.
10. The “petition part”, which sets out the demands for divorce and (if necessary) for the collection of alimony.
11. Date, signature, list of attached documents.

The circumstances of the case must include:

• information about the presence of children, their dates of birth and details of birth certificates, as well as information about the children’s place of residence;
• whether agreement has been reached between the spouses on the residence of the children;
• the position of the second spouse in the divorce case.

This list of required information in the statement of claim is universal both for a claim for divorce if there are children, and if the claim is filed for divorce in court without children.

How to write a divorce application correctly

Order of the Ministry of Justice of Russia No. 201 of 2021 approved standard application forms for applying to the registry office for divorce.

For each case of divorce, the registry office provides special forms of documents.

These forms are strictly mandatory and cannot be changed unilaterally either by the applicant himself or by the civil registry office.

It is possible to fill out an application:

• by spouse/spouses by hand;
• through State Services;
• through MFC.

At the MFC, an application can be completed either independently by the applicant or by the operator. To do this, he enters the information from them into the program and then the application form with the entered data is printed and given to the applicant (applicants) for reading and signing.

Important! Spouses have the right to immediately arrive at the registry office with a completed form, downloading the document in advance and entering all the necessary information into it. But it is important to remember the strict rules for filling it out.

The application for divorce through the registry office should not contain:

1. Corrections and blots.
2. Unreadable words and numbers.
3. Errors crossed out or removed with correction fluids of letters and numbers.

One slight mistake - and the form can be considered spoiled, starting to fill out a new document.

Almost all civil registry offices prefer to fill out the form themselves, so you don’t have to waste time filling it out yourself. Unless you are going to file for divorce at the registry office without your presence and send the application by mail with your signature notarized.

Sample application for divorce to the registry office 2021

To familiarize yourself with the application forms for the registry office for divorce, as well as when filling them out yourself, you can view or download sample documents below.

Form 9

Form for divorce in the general manner, without minor children and with the consent of both spouses.

Form 9

Form 10

Divorce form if one of the spouses is unable to file the application in person. But in general, I agree to divorce.

Form 10

Form 11

A form for filing for divorce without the presence of the second spouse and without his consent is possible in connection with the circumstances specified in Art. 19 RF IC.

These include the following situations:

• when recognizing a spouse as missing under Art. 42 Civil Code of the Russian Federation;
• upon deprivation of the spouse's legal capacity, in accordance with Art. 29 Civil Code of the Russian Federation;
• when making a decision on imprisonment for more than 3 years.

Form 11

Form 12

Application form for registration of divorce on the basis of a court decision on divorce made and entered into force.

Form 12

In what cases is a claim for divorce with or without children filed in court?

In general, divorce occurs through the registry office, but in some cases a judicial divorce is required.

The law provides strict grounds for spouses to apply to the court for divorce. You can’t just get a divorce through court at your own request.

Through the world court

Appeal to the judicial district is provided in the following cases:

1. If one of the spouses objects to the dissolution of the marriage, and the couple has no disagreements regarding the upbringing of children;
2. Both spouses agree to divorce, but have a child from their common marriage. In this case, there must be no disputes about the order of raising the child and his place of residence.

Through the district court

Divorce in a district court is considered if the spouses have common minor children and could not come to an agreement on their place of residence and the procedure for their further upbringing.

Alimony for a spouse or ex-spouse

If a woman is on maternity leave for up to three years, her husband or ex-husband will have to pay alimony for her maintenance. They are installed in a fixed size.

You can also recover payments for your own maintenance in other situations:

1. If a woman is pregnant.
2. If the second spouse is caring for a common disabled child, or an adult common disabled child since childhood, group I.

In some cases, alimony is immediately collected for children and wife even after a divorce. For example, if she is pregnant, caring for a disabled child, declared incapacitated during marriage or within one year after its dissolution (Article 90 of the RF IC).

Claim for divorce with children

Unlike a standard claim for divorce, an application for termination of marriage in the presence of children has a number of features:

• name of the court, parties, their addresses, contacts;
• information about the marriage: date of conclusion, date of termination of cohabitation;
• reasons for divorce, indication of the possibility or impossibility of saving the marriage;
• information about children, their first and last names, date of birth;
• the position of the second spouse on the issue of further education of children and their place of residence;
• information about child support obligations.

The “pleading” part of the statement of claim also states:

• a requirement to leave the child with the plaintiff or a requirement to transfer the children (child) to the second parent;
• a requirement to collect alimony for the maintenance of a child if he remains with the plaintiff parent.

The claim is signed by the plaintiff, dated, and documents are attached.

Is it possible to deprive parental rights?

Often, parents with whom children remain want to deprive their former spouses of parental rights. This is done in order to receive alimony, but at the same time prohibit communication with the child. In the future, the deprived parent will not be able to collect alimony from his adult son or daughter for his own maintenance.

But you can’t just deprive your rights; you need grounds (Article 69 of the RF IC):

1. Abuse of parental rights.
2. Chronic drug addiction or alcoholism.
3. Child abuse.
4. Committing a crime against the life and health of a child, or his mother or father.
5. Malicious evasion of payment of alimony, fulfillment of parental obligations.

Not only a representative of the guardianship authority, but also the prosecutor’s office participates in the deprivation case.

Documents for a claim for divorce in the presence of children

The following documents must be attached to the statement of claim for divorce with children:

• a copy of the claim for the defendant;
• a receipt for payment of the state fee (600 rubles), more details about how much it costs to get a divorce in 2021;
• a copy of the applicant's passport;
• a copy of the marriage certificate;
• copies of documents for children (birth certificate);
• certificate of the child’s place of residence;
• agreement on alimony or children (if the spouses reach an agreement).

This list is typical and approximate. Since, depending on various circumstances (agreement on alimony; dispute about children; division of property), the composition of the documents increases significantly.

Features of alimony collection

Child support is collected for the period from the moment the application is submitted until the child reaches the age of majority. The plaintiff chooses the form of payment, but the final decision remains with the court.

Alimony is collected in several forms:

1. As a share of salary. For one child 1/4 is paid, for two children - 1/3, for three or more - 1/2. The total amount of deductions cannot exceed 50% of the payer’s earnings. 70% is withheld by court decision if additional payments are collected for the mother on maternity leave, or if there is a child support debt.
2. In a fixed amount of money (hereinafter referred to as TDS). The size is determined taking into account the financial situation of the spouses and the interests of the child. The PM in the region in which he lives is also taken into account. Collection is possible if the payer does not have a job or it is not possible to determine the exact level of his income.
3. In a mixed form. This is relevant if the payer has a main and additional income: for example, an official salary and earnings from renting out an apartment. Alimony is withheld from wages in shares, from additional income - in TDS.

TDS is determined taking into account the cost of living. For example, a parent with whom a minor is staying can recover 0.5, 1, 2 or 3 monthly payments, depending on the situation.

Important! In February 2021, citizens had the opportunity to collect alimony for additional expenses for renting housing by a parent raising a child from a parent living separately. Payments are collected in a fixed monetary amount (TDS) and depend on the amount that is given as payment to the lessor.

Sample statement of claim to court 2021 for divorce with children

You can download a standard sample (form) of a claim to court using the link below. In the downloaded document, you can enter your data and use it for further adjustments.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

This is an approximate sample prepared for a situation where spouses have no disagreements regarding children, their maintenance and residence. Each situation is individual and blindly copying samples from the network without legal knowledge can lead to the court refusing to accept the claim. Request a free online consultation with our lawyers on the website and receive all the comprehensive information on the sample statement of claim.

Grounds for unilateral divorce through the registry office

Separately, it should be said about unilateral divorce, which is possible subject to compliance with the conditions provided for in Article 19 of the Civil Code of the Russian Federation. Grounds for a unilateral divorce through the registry office, in which obtaining consent from the second spouse is impossible or unnecessary, regardless of the presence or absence of common minor children:

• The court has established the complete incapacity of one of the spouses (in this case, he is not able to assess the circumstances and make an informed decision about maintaining or terminating the family relationship);
• One of the spouses is declared missing or dead (since in this case it is impossible to obtain consent due to the lack of any information about the location of the spouse, the marriage with him can be dissolved unilaterally);
• The court found one of the spouses guilty of committing a criminal offense and imprisoned him for 3 years or more, which also serves as grounds for unilateral divorce without obtaining his consent.

Claim for divorce without children

A statement of claim for divorce without children is filed in the magistrate's court. If during the meeting the second spouse gives his consent to the divorce, the statement of claim will in any case be considered by the court.

The claim states:

• address and name of the court;
• Full names of the spouses, their residential addresses;
• data on the circumstances of the dispute: date of marriage, time of termination of cohabitation, reasons for divorce;
• the position of the second spouse – disagreement with the claim and its reasons;
• request to the court for divorce;
• signature, date, list of attached documents.

The statement of claim must be drawn up in writing, preferably on a computer. The judge has the right to leave a handwritten illegible document without movement and suggest that it be redrawn.

Documents for divorce without children to court

The following must be attached to the claim for divorce without children:

1. Receipt for payment of a fee in the amount of 600 rubles.
2. A copy of the claim to the defendant.
3. A copy of the applicant's passport.
4. A copy of the marriage certificate.

Additionally, a certificate of place of residence may be required as proof that the spouses no longer live together.

All documents, except the fee payment receipt, are provided in copies. The originals must be taken to court for review if the judge needs to do so. If you intend to ask the court to consider the claim in your absence, copies of documents must be certified by a notary.

Sample statement of claim to court 2021 for divorce without children

A typical sample application for divorce of spouses through a magistrate's court in the absence of children reflects a situation where one of the spouses does not agree with the dissolution of the marriage.

In this case, in the application itself, it is necessary to refer to the fact that the spouse is categorically against the dissolution of the marriage, while there are no common children from their life together.

You can download the claim from the link below, but when drafting the document yourself, it is best to consult with an experienced lawyer.

Our lawyers are ready to advise you for free right now! Contact us via chat or hotline.

Statute of limitations

Within three years after the spouse finds out that his property rights are being violated, he can demand their restoration. For example, after a divorce and division, the husband left two apartments to his wife. Four years passed, he came to court, demanding to divide one of them. The court rejected him, citing a missed deadline.

The Supreme Court overturned this decision. The statute of limitations begins from the moment one of the spouses learns of a violation of their rights. The agreement stated that the wife was renting out the apartment, and the man thought that she was acting by agreement. When he found out about the sale, he came to court with a lawsuit. The three-year period has not expired, therefore, the ex-husband has the right to demand division.

If you find out that your spouse has hidden some part from the division, feel free to go to court. But you need to prove that you learned the news recently.

What reasons for divorce should be indicated in the claim?

In the statement of claim for divorce, it is necessary to indicate the reasons that served as the basis for such a radical solution to family problems.

The law does not oblige you to indicate all the juicy details of family life that could lead to divorce, but it is still necessary to justify the impossibility of preserving the family.

To do this, you can use universal reasons for divorce in a claim:

1. Lack of mutual respect between spouses.
2. Lack of mutual understanding.
3. The disappearance of feelings, the emergence of acute hostility towards each other.
4. Different views on life and lack of common interests.

You can also indicate more specific reasons for divorce, if they occur:

• beatings, insults, domestic tyranny.
• alcohol abuse, parasitism of the spouse.
• betrayal and immoral lifestyle, etc.

Remember that at the court hearing you will have to give explanations for the reasons specified in the claim if the defendant insists that they are false.

For more information about what reasons can be indicated in a statement of claim for divorce and how to do this, read a separate article.

Grounds for divorce through the registry office

Mandatory conditions for a divorce of a married couple through the registry office:

1. If only one spouse wants to divorce, but the other does not, divorce proceedings are possible only through the court
2. Divorce, like marriage, is possible only voluntarily, which is expressed in a joint application to the registry office
3. If a husband or wife opposes divorce and wants to save the family, the state assumes the obligation to facilitate this during the legal process
4. No common children under 18 years of age
5. If spouses have common (natural and adopted) minor children, it is impossible to divorce without court, since the state monitors the observance of the rights and interests of minors. If the children are not common (for example, children from a previous marriage of a wife or husband), if the children have already reached the age of majority (or have received recognition of full legal capacity at 16 years old), divorce is also possible through the registry office
6. No disputes requiring litigation

If the divorce is complicated by disputes that can be resolved by the court (for example, about the division of material assets acquired during marriage), the case is considered in court.

Which court is the application filed in?

Claims for divorce in the Russian Federation are authorized to be considered by courts of general jurisdiction, namely magistrates and district (city) courts.

A claim for divorce is filed in the magistrate's court in cases where:

• the second spouse objects to the divorce;
• there are common children, but there are no disagreements regarding their place of residence and the order of their upbringing;
• At the same time, a demand was made for the division of joint property in the amount of no more than 50 thousand rubles to each of the spouses.

A claim for divorce must be filed in the district court in the following cases:

• spouses cannot agree on the fate of the children and their further education;
• a demand was made for the division of property in an amount exceeding 50 thousand rubles based on the share of each spouse.

The statement of claim is submitted either in person, through the court reception, or sent by registered mail.

It is also possible to submit documents electronically (only to the district court) through the ESIA system. For this, the applicant needs an electronic digital signature. Without it, you cannot use this service.

Legal issues

How to withdraw a divorce petition from the Magistrates' Court?

The plaintiff can withdraw the divorce petition at any time before the court's decision.
To do this, he must file a motion to dismiss the claim. The document must include the following information: - name of the court; - data of the judge; — information about the applicant; - case number; - document's name; — information about filing an application for divorce; - reasons for refusing a divorce; — information about the refusal of the claim; - date and signature.

The applicant may withdraw the application without taking into account the opinion of the second spouse. Before sending the petition to the court, it is necessary to send a second copy of the petition to the defendant. This can be done by mail or using the Russian Post service. A receipt for sending the petition to the second spouse must be attached when submitting documents to the court.

You can submit a petition: - in person to the court at the place where the divorce application is being considered; - by mail; — using the GAS Justice service.

When submitting an application, you do not need to pay a state fee.