Statement of claim for divorce (samples): with children, without children, with mutual consent, without consent, when dividing property, collecting alimony

Form of claim for divorce

The statement of claim is drawn up according to the rules of Art. 131 Code of Civil Procedure of the Russian Federation. The provisions of the Code of Civil Procedure of the Russian Federation reflect the content and form of the claim. The document must be submitted strictly in writing, on white A4 sheets. This paper format is required for simplified systematization of documentation in court archives.

If the plaintiff does not have writing skills due to illiteracy or ignorance of the Russian language, then his representative must handle the complete paperwork. A representative has the right to sign only if he has the appropriate authority; his authority is confirmed by a power of attorney.

Attention! If a representative is involved, the party on whose side he speaks has the right to shift all obligations to appear and defend interests to the representative in full. In this case, the plaintiff or defendant does not need to attend the trial or contact the other party.

Contents of the claim for divorce

The contents of the statement of claim are specified in Part 2 of Art.
131 of the Code of Civil Procedure of the Russian Federation, this rule of law regulates all the provisions and data necessary for the consideration of claims. The rules for filing a claim are specified in the methodological recommendations and in the legislator’s commentary to the relevant article of the Code of Civil Procedure of the Russian Federation. The statement of claim states:

Full details of the court district where the claim is being filed, including address and name. And if a claim is filed in a magistrate’s court, the name of the judge is indicated.
Information about the parties - full names of the plaintiff and defendant, as well as their telephone numbers, emails if available, residential addresses.
Data of representatives with their participation.
The cost of the claim if, in addition to the demands for divorce, a demand is made for the division of common property. Property valuation is carried out before filing a claim; the price of the claim is indicated at half the value of the total property. Children's belongings and personal belongings are not considered common property; they are transferred to the parent with whom the child will remain after the divorce.
Title of the document.
A narrative section containing detailed information about the case under consideration. Moreover, it is important to keep it to three or four pages, excluding applications. Legally, the scope of the claim is not limited, but people are psychologically unable to carefully read a business text that exceeds the specified volume. The same statement applies to the court.
Next, the pleading part is written, in which all the plaintiff’s demands are stated. In a regular divorce, the desire to get a divorce is indicated without adding any additional information.
After the requirements, a list of attachments is indicated - documents, certificates, extracts, certificates and petitions.

The general requirements for writing a claim are applicable to all categories of statements; only their content changes.

Reasons for divorce

Divorce is permitted regardless of the presence or absence of compelling reasons for carrying out this procedure. Citizens can dissolve a marriage regardless of the personal relationship with their spouse and in cases where the second spouse is against dissolution of the marital relationship.

The reasons for divorce are:

Alcoholism or drug addiction, certificates from medical institutions are provided as evidence;
The use of physical, psychological, economic or sexual violence by one spouse against the other;
Tyranny in the family, as well as the manifestation of abusive behavior of the spouse towards the spouse or children;
Refusal of the spouse to engage in labor activity to meet the needs of the family;
Refusal of the spouse to raise and provide financial support for the child;
Treason;
The desire of the spouse to end the marital relationship without explanation.

Important! If a woman is pregnant or is caring for a child under one year of age, the man will not be able to apply to the court for divorce. Only women have this right.

The lack of valid grounds is not a reason to refuse divorce, but they can contribute to a faster completion of the process. In case of a divorce “without reasons,” the court may set a period for reconciliation of up to three months, and if there are serious grounds - beatings, violence, actual departure from the family, a period for reconciliation may not be set at all.

Refusal to divorce: by court or registry office

Where and how to obtain a divorce certificate?

Consideration of an application for divorce in court

During the court hearing, the court examines the filed claim and the documents attached to it, hears the parties regarding the circumstances of the case: the duration of the marriage, the reasons for the divorce, the consent or disagreement of the second spouse to the divorce, the presence of children and ways to resolve “children’s” issues: place of residence, upbringing and material content.

Contrary to popular speculation, the divorce process in court takes place quite formally.

If the decision to dissolve the marriage is conscious and agreed upon, the court makes a positive decision. But if one of the spouses is categorically against divorce, the court may, at his request and at its own discretion, postpone the decision, and thereby provide the spouses with the opportunity to think and make peace. The period for reflection can range from 1 to 3 months. After this period has expired, the court will make a positive decision if reconciliation does not take place.

If one or both spouses are unable to attend court hearings in person, they may...

send a representative using a notarized power of attorney;
warn the court about the reasons for failure to appear and ask to postpone the hearing or consider the case in their absence.

If the spouses do not appear at the court hearing without warning, the court will consider this a sign of reconciliation and will close the case. If one of the spouses fails to appear, the court may postpone the hearing, assuming a valid reason for the absence, or make a decision in his absence.

After the completion of the trial, the spouses receive a court decision, which they must submit to the registry office within 10 days to register the divorce and obtain the appropriate certificate.

Samples and forms of claims for divorce

In order to correctly draw up a statement of claim and correctly reflect the requirements, use the samples below or contact a lawyer.

Sample statement of claim for divorce: alt: Statement of claim for divorce

Sample statement of claim for divorce on behalf of the spouse: alt: Statement of claim for divorce on behalf of the husband

Sample statement of claim for divorce on behalf of the spouse: alt: Statement of claim for divorce on behalf of the wife

Application for divorce without children

Dissolution of a marriage without children is the simplest, since the spouses are not burdened with obligations to a minor.

Sample statement of claim for divorce without children: alt: Statement of claim for divorce without children

Statement of claim for divorce with children

Divorce with children is carried out with the involvement of the guardianship and trusteeship authorities, if the statement of claim contains requirements for determining the child’s place of residence.

Attention! I recommend that this clause be written down when filing a claim for divorce, otherwise the ex-spouse may take the child and blackmail him, demanding to return.

Sample statement of claim for divorce with 1 child: alt: Statement of claim for divorce with 1 child

Sample statement of claim for divorce with 2 children: alt: Statement of claim for divorce with 2 children

Application for divorce by mutual consent

If both spouses agree to divorce, you can contact the registry office and submit an application there. The option of contacting the registry office is allowed in the absence of minor children and disputes about property.

Sample statement of claim for termination by mutual consent: alt: Statement of claim for termination by mutual consent

Statement of claim for divorce without the consent of the spouse

The second spouse's disagreement with the divorce cannot be grounds for refusing a divorce. In such circumstances of the case, an extended period of reconciliation is most often assigned - 2 months, after the expiration of which the court makes a decision on divorce.

Sample statement of claim for divorce without the consent of the spouse: alt: Statement of claim for divorce if the second spouse disagrees

Statement of claim for divorce and alimony

The law allows for simultaneous registration of divorce and collection of alimony. After a court decision is made, alimony is collected from the date of filing the application. The documents are handed over to the bailiffs until the court decision comes into force; the divorce certificate is issued after.

Sample statement of claim for dissolution and collection of alimony: alt: Statement of claim for divorce and collection of alimony

Statement of claim for divorce and division of property

The division of property can be carried out amicably and in court, regardless of the method of dissolution of the marriage relationship. In an amicable settlement, the spouses draw up an appropriate agreement and independently decide what kind of property is transferred to each of the spouses.

In the case of litigation, the plaintiff asserts his claims in relation to specific property, but the decision to satisfy or not satisfy the claims is made only by the court.

Sample statement of claim for dissolution and division of property: alt: Statement of claim for dissolution of marriage and division of joint property of spouses

Statement of claim for divorce and determination of the child’s place of residence

When establishing the place of residence of a minor, the financial situation of the parties and the availability of living quarters are taken into account. Moreover, the presence or absence of property rights does not affect the court’s decision.

Important! If the child’s father owns a good apartment or house, and the mother does not have any living space, then the court is still initially on the side of the child’s mother. The place of residence of a child with his father can be determined if the court reliably establishes the mother’s inability to raise a minor, or if the child expresses a desire to live with the father.

Sample statement of claim for divorce and determination of the child’s place of residence: alt: Statement of claim for divorce and determination of the child’s place of residence

What documents are needed for a divorce?

The following documents must be submitted to the judicial authorities: (click to expand)

application (two copies);
marriage certificate;
certificate confirming family composition;
marriage contract (if available)
receipt of payment of state duty.

The court sends a summons to the participants in the divorce proceedings with the date and time of the start of the court hearing. The summons is sent to the place of residence or work of the spouses.

The judge considers the reasons for the divorce and finds out whether the spouses will be able to live together in the future.

If the spouses have no mutual claims, the court will dissolve the marriage. 10 days after the divorce decree is issued, it comes into force. Each spouse receives a copy of the court decision.

If one of the spouses is against dissolving the marriage, then the divorce procedure occurs differently. The court temporarily stops considering the case and sets a period for reconciliation, which is usually no more than 3 months. The parties may request a change in the deadline or cancel it altogether if there is a good reason.

If the period appointed by the court has expired, and the parties have not been able to agree and come to a common decision, then the court will dissolve the marriage. At the same time, it is necessary to decide with whom the young children will live and resolve disputes between the spouses, if any.

Procedure for filing a claim for divorce

Divorce is a legal process in which both spouses are parties.
There are no difficulties in this process, except in cases where there is a real war between spouses over property or children. In such circumstances, I recommend contacting a family lawyer or lawyer. General procedure for divorce through court:

Preparation and collection of necessary documents.
Drawing up a claim and substantiating claims.
Payment of state duty.
Printout of the claim with attachments according to the number of participants in the process.
Submitting documents to the court.
Participation in legal proceedings.
Receiving a court decision.
Payment of state duty at the registry office.
Obtaining a divorce certificate.

The duration of the divorce process varies from several months, if the spouses have no disagreements regarding common property and children, to six months. In case of applying to the registry office, the period is the same - 1 month from the date of application.

Where should the application be submitted?

The application is submitted to the magistrate and district court at the place of registration or residence of the defendant. The exception is the presence of a minor child and the filing of demands to determine his place of residence; in these circumstances, the claim is filed at the place of registration or residence of the plaintiff.

A claim is filed in the magistrate's court when:

Absence of minor dependents - natural and (or) adopted children;
The presence of minor children, but with the consent of the spouses to divorce and there is no dispute about the fate of the common property;
Division of property of spouses, if its total value does not exceed 50,000 rubles;
Expressed disagreement of the second spouse to divorce, but in the absence of minor children.

In all other cases, the application is considered by the district court.

Documents attached to the claim

The list of documents required to file a claim varies depending on the exceptional circumstances of the case. In some cases, it is enough to present 2-3 documents, in others the plaintiff will have to provide dozens.

Required documents include:

The claim itself.
Passport (and copies) of the plaintiff.
Marriage certificate (and copies thereof).
Receipt for payment of state duty.

All other documents are additional and are provided by the plaintiff only if necessary and as confirmation of the essence of the claim.

Additionally you may need:

If you have children:
Certificate of family composition.
To collect alimony:
Certificates about the child’s special needs (diseases, developmental activities, etc.);
Checks and receipts for child expenses.
To legally establish the child’s residential address:
Certificate of ownership of residential premises or rental agreement;
The child’s consent or disagreement to live with the plaintiff (required from 10 years of age).
To confirm domestic violence:
Certificates from medical institutions confirming beatings;
A certificate from a psychologist about the psychological state of the plaintiff and if there is a child.
For the division of common property:
List of property recognized as common;
Checks and receipts for the value of all property;
Property rights documents, etc.
For a divorce when the defendant is in prison:
The defendant's consent/non-consent to divorce.

In addition to the above documents, others may be required, for example, a petition to obtain evidence - to obtain a certificate of the defendant’s income or an extract from bank accounts.

State duty (+ amount, who to pay and where to get details)

The amount of the state duty is established by Art. 333.19 of the Tax Code of the Russian Federation and amounts to 600 rubles. It is necessary to take into account that for issuing a certificate of divorce you will need to pay an additional fee at the registry office.

When filing a claim for divorce with division of property, the fee is calculated according to the rules of clause 1, part 1, art. 333.19 of the Tax Code of the Russian Federation, it varies from 400 rubles to 1 million.

The fee is paid by the plaintiff. Both spouses pay for the issuance of the certificate.

Details for paying the fee can be obtained from the court district or on the State Services portal, where the general database of judicial districts is located.

Divorce by mutual consent if spouses are in different cities

A husband and wife can file for divorce even if one of them is in another city or another country. Let's consider the procedure for such a divorce in a situation where the husband is in another city.

The procedure takes place in 3 stages:

The husband draws up an application, has it certified by a notary and sends it to his wife.
The wife fills out her application, receives her husband's application and submits them to the registry office.
The wife comes in 30 days to file the divorce.

Deadlines and documents

After receiving the documents, the civil registry office specialist will set a date for divorce. But it will not be earlier than in 30 days.

The applicant must appear on this day, otherwise the marriage will not be dissolved.

Sample application

When an application for divorce is submitted to the registry office by one spouse, and the second is not able to be present, it is necessary to fill out form No. 10.

No.	What to indicate on the application form
1	information about spouse
2	information about yourself, including citizenship and nationality
3	what kind of marriage were you in?
4	passport details
5	Marriage certificate details

Each spouse completes their marriage independently.

Divorce procedure

When the second spouse receives the application, he must contact the registry office. You need to have with you:

passport;
a receipt for payment of state duty in the amount of 1300 rubles;
Marriage certificate;
application from the second spouse and a copy of the passport.

On the appointed day, the applicant must appear at the civil registry office to confirm the divorce decision and receive a divorce certificate. From this day on, the marriage is considered dissolved.

Arbitrage practice

Judicial practice in divorce cases is extensive, it is replenished every day with more and more new cases. In the database of court decisions "Rospravosudie" you can find a similar case to your own situation and file a claim in a similar way.

Example from judicial practice No. 1:

Kharitonova V.A. filed a claim for divorce. In the lawsuit, she indicated not only her desire to divorce her husband, but also the fact of physical violence against her. She confirmed this statement with a copy of the statement to law enforcement agencies, as well as a certificate from the medical center where the woman was treated. Her husband did not agree to the divorce and directly stated that “the wife is exaggerating.” The court did not take into account the defendant’s arguments and divorced the spouses without setting a deadline for reconciliation, since the plaintiff really feared for her health.

Example from judicial practice No. 2:

Ivanova V.I. filed a petition for divorce and determination of the child’s place of residence. The woman's husband insisted that it was better for the child to live with him. The court considered all the arguments of the spouses, but the opinion of the minor son of the parties became decisive. The son stated that his father is indifferent to him and does not take any part in his life, while his mother, on the contrary, tries to do the maximum for him. Based on the child’s words, the court ruled in favor of the plaintiff. After the divorce was filed, the woman went to court again, but this time with an application for alimony.

There are many examples of divorce; hundreds of thousands of divorces are registered in Russia every year. Cases do not always proceed peacefully; in some cases, spouses are brought to administrative and criminal liability for threats of harm or for directly causing harm to the plaintiffs. Such cases cannot be called an exception to the rule, therefore, before filing for divorce, it is recommended to protect yourself and your children, find housing, move out, and only then go to court.

Video on divorce through the registry office

We have recorded a detailed video for you on how to register a divorce at the registry office. Be sure to check it out:

Sample application for divorce to the registry office

For your convenience, we have already created documents that you can download and fill out in a few minutes:

Be sure to download:

You can also look at the sample form to avoid mistakes.

Lawyer's answers to questions about drawing up a statement of claim for divorce

In which court should I file a claim for divorce, world or district?

Depends on the circumstances of the case. In the absence of disputes regarding children, or in the absence of children, or in the division of property with a value of up to 50,000 rubles, the claim is filed in the magistrate’s court. In other situations, to the district.

My wife filed for divorce, I don’t agree. Can I file a counter-application to object to the divorce?

You can appear in court and ask the court to reschedule the hearing by setting a deadline for reconciliation. It can reach three months. You cannot force your spouse to drop the claim; your disagreement is not grounds for refusing a divorce.

How to write a statement of claim for divorce if there is a mortgage?

The claim is drawn up according to the general rules. The mortgage is the common property of the spouses and is taken into account when filing claims for division of property. In this case, you can indicate in the statement of claim a requirement for early repayment of the mortgage by selling real estate (the bank's permission will be required), or declare your desire to buy out the defendant's share or sell your share to him.

Why do you need a copy of the statement of claim when filing for divorce?

A copy is required to serve documents on the defendant. He needs to familiarize himself with the plaintiff’s requirements and prepare objections, if any.

Is it necessary to indicate the existence of a marriage contract in the statement of claim?

It may not be indicated if the claims do not contain data on the division of property. The presence of a prenuptial agreement facilitates a quick division of property, and therefore has virtually nothing to do with divorce.

How to fill out a statement of claim if the defendant’s place of residence is unknown?

The claim indicates the last known place of residence, or the place of his permanent registration. If this information is not available, the intended place of residence is indicated. In some cases, plaintiffs indicate the residential addresses of the defendant’s parents, as they assume that the person lives with them.

Will the fact that the husband is in prison be a valid reason for divorce?

The plaintiff has the right not to indicate grounds for divorce at all, but imprisonment can be a serious basis for divorce. The legislation also establishes the right of the spouse to apply for divorce to the registry office if the term of imprisonment exceeds three years, regardless of whether the second spouse agrees or not to terminate the relationship.

Procedure for divorce

If you do not have children (or children are already adults) and your spouse agrees to divorce, contact the registry office. Administrative (out-of-court) divorce is much simpler and faster.

But if your circumstances correspond to those listed below, divorce is possible only in court:

if there are minor children,
if one of the spouses does not agree to divorce,
when one of the spouses evades the registration of a divorce in the registry office.

Your procedure will be like this:

Study all available information about the judicial procedure for divorce;
Read the rules for drawing up and filing a claim;
Download the finished sample and use it as an example to prepare your own claim;
Collect the documents that need to be attached to the claim;
Determine the court in which the claim will need to be filed;
Pay the state fee;
File a claim and wait for the court to notify you that the claim has been accepted and a court hearing has been scheduled.
If you encounter any difficulties or have additional questions, write to our lawyer via chat and get a free consultation.