What reason should I indicate in the application for divorce?

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Legal center PRAVO LEG, existing since 1996, offers a wide range of legal assistance in the field of family law. In particular, the lawyers of the PRAVO LEG center provide services on divorce, division of property, determining the place of residence of children, and collecting alimony in court.

Where to go: to the registry office or to the court?

Marriages on the territory of the Russian Federation are registered by civil registry offices. In the usual manner, an application for divorce is also submitted to the registry office. However, the law provides for cases when divorce in the usual manner is impossible. Such situations include:

1. There is no application for divorce from both spouses. If one of the spouses does not want to voluntarily file a divorce, or the location of the second spouse is unknown, or the spouse has been sentenced to more than three years and is serving a sentence, then it is necessary to go to court.
2. Having a joint minor child. If the parents of minors decide to file a divorce, then they will have to go to court to dissolve the marriage.

Please note: the legislation of the Russian Federation provides for cases in which only the wife can apply for divorce! Find out about the possibilities of divorce at free consultations with lawyers!

Statistics of reasons for divorces in Russia

According to a social survey, the largest number of divorces occurs due to early marriage - between the ages of 16 and 23-25. This factor takes up 40% of the total.

There are other reasons:

• cheating spouse - 25%;
• financial problems – 15%;
• alcoholism or drug addiction – 5%;
• Internet or gaming addiction – 10%;
• incompatibility of partners – 5%.

The latest data show that the number of divorces exceeds the number of registered marriages by 8%, i.e. approximately every second couple gets divorced.

The procedure for divorce in court

In cases where it is impossible to get a divorce through the registry office, this should be done in court. You should also go to court if there are disputes about children, to determine the future place of residence and the procedure for communicating with children, and about the division of property acquired jointly during marriage.

Please note: when filing a claim for divorce, you must pay a state fee. The amount of the duty is established by the Tax Code; currently it is 600 rubles.

The following documents must be attached to the divorce application:

• marriage certificate
• receipt for payment of state duty
• birth certificate (for minors)
• other documents specified in the application

In the absence of documents, as well as in the presence of errors, the claim for divorce will be left without progress or without consideration.

The general period for issuing a ruling on accepting applications for consideration and production is 5 days.

Divorce through the court can take from several months to six months or more, depending on the stated claims, the filing of petitions for reconciliation of the parties, the parties’ attendance at hearings and other circumstances.

Errors that arise when formulating the reasons for separation

But the statement of claim is not always drawn up correctly and competently; sometimes there are errors in the wording.

Below are the most common points:

• The facts in the statement are not stated accurately.
• In the complaint, the plaintiff stated incorrect or false information.
• The reason for the divorce is indicated superficially, an insufficient number of arguments are given.
• There is no specificity in the wording of the grounds for divorce.
• In the official document, the facts are presented in an abusive form, and this is prohibited by the legislation of the Russian Federation.
• The lawsuit states the reasons for the divorce with excessive detail and emotionality.

How to file for divorce?

According to general rules, applications for divorce are considered by justices of the peace. However, some claims are not within the jurisdiction of magistrates. If the claim contains demands:

• on the division of jointly acquired property exceeding 50,000 rubles
• on determining the place of residence of minors

According to general rules, claims are filed at the location of the defendant. However, a divorce can be filed in court using exclusive jurisdiction, for example, at the place of residence of the children or the plaintiff.

Issues of jurisdiction and jurisdiction for the consideration of disputes are enshrined in the Civil Procedure Code (Code of Civil Procedure). Failure to comply with the Code of Civil Procedure will result in claims being left without consideration!

Please note: it is very important to respect the jurisdiction and territoriality of the court! If the rules of the Code of Civil Procedure are violated, the statement of claim may be left without movement or without consideration!

What reason is indicated in the application if there are young children?

If there are young children in the family, the court always takes into account the interests of the children when satisfying the claim. Therefore, if the claim contains unconvincing personal reasons, the judge may consider them insufficient for divorce and postpone the hearing. In such cases, it is recommended to indicate domestic or material reasons.

For example:

• The husband has not worked for a long time and does not want to provide for his family.
• The husband gets drunk and raises his hand against his wife and children.
• The wife prefers her career to her family and does not take care of the children at all.
• The husband gambles, because of this the family constantly experiences financial difficulties.

According to the Family Code of the Russian Federation, spouses must support each other morally and financially. Therefore, these arguments will be convincing for the court.

Rules for drawing up applications for divorce

The statement of claim is drawn up on the basis of the general requirements of the Civil Procedure Code (Article 131 of the Civil Procedure Code determines the form and content of the document). A claim for divorce can be filed by one of the spouses. Statements of claim must indicate: plaintiff, defendant, justification for the impossibility of maintaining the marriage relationship, justification for considering the dispute in court, requirements.

Please note: when applying to the courts (magistrate, district or city), attach the original marriage certificate.

Divorce through State Services by mutual consent

If both parties agree to divorce, then in this case you can apply for divorce through the State Services. But an important point is only provided that both spouses have an electronic signature with which they certify the application to the registry office.

If both spouses do not have an electronic signature, they will have to go to the registry office and write an application for divorce. Divorce in State Services will be impossible.

How to apply for divorce through State Services:

1. You can send an application from the account of either spouse, but it must be confirmed. Log in to the system, through the search find the section “Registration of divorce”. In our case, we need the option - by mutual agreement, click on it:

2. A page will open with a description of the service and an indication of the state duty. The standard fee is 650 rubles for each spouse, but when filing a divorce online and paying via the Internet, a 30% discount is given, that is, the issue price is 455 rubles. After reading the information, click on the “Get service” button:

3. Fill out the application. The applicant’s basic data will already be entered into the system; all that remains is to fill in the remaining fields. The system will ask you to specify:

• the applicant's place of residence;
• information about the marriage certificate;
• what surname the applicant will have after the divorce through Gosusugi;
• information about the nationality, education of the applicant, what type of marriage it is.

4. Select the civil registry office that will register the divorce. First, the citizen indicates the address of registration or residence, after which the system opens a map of the civil registry office in the region. You can choose any convenient one:

5. Choose a convenient date and time for visiting the registry office, where the divorce certificate will be issued. The divorce procedure is not urgent, so the registration opens in a month, these are the dates the system will allow you to choose:

6. Indicate the details of the second spouse. You need SNILS, date of birth and email address:

7. An invitation is sent to the spouse, which appears in his personal account on the Public Services portal. He needs to read the information and accept it. Next, both spouses pay the state fee in their offices (each for themselves) and confirm the application with an electronic signature.

The application for divorce was sent through State Services, both parties agreed to the action and signed the application with an electronic signature. Now, at the designated time, both or one can come to the selected registry office and pick up a divorce certificate. Everyone is given their own copy.

The spouses have a month to reverse the decision. According to the law, they are given 1 month to do this, so registration in the registry office opens in a month and a couple of days. The registry office waits a month, then issues divorce certificates.

Should the application be supplemented with other requirements?

Disputes may contain several demands at the same time: about divorce, about the division of jointly acquired property, about alimony, about determining the place of residence of minors and the procedure for communicating with them, etc.

It is possible to consider both simple demands for termination of marital relations and additional demands.

Please note: the current practice is to consider divorce proceedings separately from claims for division of property.

Lawyer's answers to frequently asked questions

What should the plaintiff say in court?

The plaintiff must argue the stated reasons, provide other arguments and provide evidence. Nothing more is required from him. If a closed meeting is being held and the issue of intimate life is being considered, it is recommended to express thoughts as correctly as possible. Insults, humiliations, shouting and scandals are not allowed in court.

Is it possible to give a fictitious reason? What are the consequences of this?

No you can not. The plaintiff bears civil liability for the information presented in the claim. If the defendant's honor and dignity are violated as a result, the plaintiff may be prosecuted for libel. All reasons must be supported by documents, video and audio recordings, or testimony. Without this, they are not taken into account by the court.

Art. 128.1 of the Criminal Code of the Russian Federation “Slander”

Is violation of a prenuptial agreement considered valid grounds for divorce?

A marriage contract regulates property issues, while a family involves interpersonal relationships. Breach of contract can cause discord, but this factor is not taken into account in divorce.

Claims center services

Lawyers at the legal center PRAVO LEG have been resolving family issues in court since 1996. This direction is one of the key ones for the center. All lawyers have specialized higher education. All specialists have more than 10 years of practical experience in resolving litigation. We employ only professionals!

The cost of drawing up a statement of claim for divorce ranges from 3,000 to 5,000 rubles.

Our prices:

Prices are average, for clarification you need to send a request:

Grounds for holding closed court hearings

The plaintiff or defendant has the right to submit a request to hold a closed meeting if issues of a personal nature will be considered, the secrecy of the adoption of a child or the private life of the parties to the proceeding is required.

Sample request for consideration of a case in a closed court session:

Sample petition Application form for a request to hold a closed court hearing

For example, the petition is relevant when considering intimate reasons for termination.

Order services online

The preparation of any document (procedural, response, petition, objection, etc.), as well as payment and receipt of the finished document, can be done online, without coming to the office. Services are available for any region of the Russian Federation!

Send your application:

• Through the online ordering service on the website
• By email
• By phone +7 (495) 771-50-41

You will definitely be answered within 1 business day! Final payment after document preparation!

To consult with a specialist, call: 8 (495) 771-50-41. Initial consultations are free and take place in the office strictly by appointment. Other forms of consultation may be paid.

Arbitrage practice

The case was heard in the Leninsky District Court of Samara in May 2017.

The plaintiff in her application asked the judge hearing the case to end her marriage with her husband, determine the place of residence of their common minor daughter and divide joint property. They did not enter into an agreement on the division of assets.

The disputed property turned out to be funds that were on deposit in banking institutions. These deposits were opened in the name of the defendant. The plaintiff intended to sue half of the money placed on these deposits.

As for the daughter’s place of residence, the wife asked the court to leave the child with her.

In turn, the defendant filed counterclaims in which:

1. He demanded to end the marriage with the plaintiff.
2. He wanted to leave his young daughter with him.
3. I wanted to claim alimony allowance for my daughter from my wife.

A representative from the guardianship authority petitioned the judge that the girl should be left with her mother.

Having examined the materials of the divorce case, the judge came to the following conclusions:

• Taking into account the impossibility of preserving the family, since both parties to the process insist on divorce, the court decided to end the marital relationship between the defendant and the plaintiff.
• The girl must be left to be raised by her mother, since she has a more trusting relationship with the plaintiff than with her father. In addition, based on the results of the conversation with the child, the court found out that she was comfortable being with the plaintiff and she agreed to continue living with her.
• Due to the fact that the daughter will live with the plaintiff, the defendant’s alimony demands cannot be satisfied.
• Since the deposits in the banking organization were opened during the period of cohabitation of the spouses, the money placed on them is recognized as the joint property of the parties to the process and must be divided equally between them.