What are the divorce lawsuits? Everything seems to be clear, but the law affects many of the nuances of ending relations between former spouses. For example, what to do if there are common children or the question arises of sharing common property.
Why turn to a judge
In Russian law, people who do not have common children, or those who have children over the age of 18, have the right to formalize the termination of the relationship with the registry office.
If the children are less than 18 years old, or the second spouse does not agree to a divorce, then you may need a sample of the statement of divorce.
Sample value
Turning to a lawyer for an ordinary person who is also in a predicament may be problematic. This often happens with women. And for them, a divorce claim will be a good helper.
A specialist is needed in a difficult case, if there is a division of property or there is a dispute about children. Here, on our own, you can’t do without the help of a qualified lawyer.
General claim requirements
Whatever the situation, the model of the dissolution of marriage is not taken, there are points that should always be present in it:
- Name of the court (number of the world section).
- The name of the plaintiff, the address of his residence.
- F. And.O. defendant, address of his residence.
- Circumstances forcing to file a lawsuit.
- Termination Requirement
- Application (description of copies of attached documents).
- Signature and date of claim.
The number of copies is required according to the number of participants in the process. Usually two sets are applied.
World or District Court
In the heading of the model of the statement of divorce, there is a place for indicating the court to which the lawsuit is filed. Moreover, in one case the world court is mentioned, in another - the district court. Why such difference?
The first is addressed if there is no dispute about children or the price of the property that is being shared does not exceed 50 thousand rubles.
If the court first accepts the claim, and then additional requirements arise that are not considered by the justices of the peace, the case is automatically transferred to the district court. Therefore, the limitations of world justice should be taken into account in advance.
Party Information
Surname, name and patronymic are indicated in full, errors in their spelling cannot be allowed. In the document, it is desirable to mention the actual place of residence - this is where the court sends documents, in particular summons and copies of the claim for the second party.
In the samples of filling the statement of divorce, this item is given special attention, even the places of real residence and registration of citizens are noted.
What circumstances to refer to
The court is interested in the period during which the marriage was terminated and the spouses ceased to maintain a common household. This issue is important when sharing a common property, if such a question is raised.
And as the reason, the easiest way to indicate a change in outlook on life or something like that. If we refer to treason, beatings, excessive spending of total money, refusal to take care of the family, there will be a need for evidence. However, in some cases, this approach is rational.
What documents are attached
Attached to the claim:
- copies of passport;
- original marriage certificate;
- copies of birth certificates of the common child (other documents, if adopted or adopted);
- receipt of state duty payment.
If the question arises of the division of property, then copies of documents confirming the rights to it are also needed.
A sample or divorce claim form offers a standard list. In some cases, only a reference is made to the attached documents without any specifics.
Features of the divorce process in Belarus
Legislation of countries formerly part of the USSR is built on a single basis. But over time, changes were made and the differences became more apparent.
Comparing Ukraine, the Russian Federation and Belarus, one can note the similarity of regulatory regulation. However, there are quite noticeable differences everywhere.
Take a sample of a statement of dissolution of marriage in Belarus. What are its features:
- An extrajudicial divorce procedure is not provided for in principle.
- There is no world justice in the country, only district courts work.
- The claim must be accompanied by an agreement on the division of property.
- An agreement must be attached to the lawsuit, resolving the issues of who the children will live with, paying child support and the procedure for taking part in their upbringing.
The court automatically postpones the decision on the case, giving the plaintiff and defendant a 3-month period for reconciliation. Unlike the Russian and Ukrainian code, the parties do not have the opportunity to refuse a conciliation period, except as agreed:
- if the defendant is found missing;
- considered legally incompetent;
- sentenced to at least 3 years in prison.
Finally
An application for termination of marriage shall be submitted to the court if the other party refuses to visit the registry office or there are other circumstances compelling them to go to court.
Samples are selected based on the situation (are there any common children, will they share common property, etc.). The presence of all circumstances also determines whether to go to a magistrate or district court.