A large number of marriage unions are concluded and terminated daily in Russia. In cases specified by law, divorce takes place only in court. This happens when one of the spouses does not want to divorce her husband or wife, or people have common children who are not yet 18 years old. In this case, many citizens are interested in the question of how to file a divorce lawsuit. What documents need to be attached to the application in order for the judicial authority to consider such a civil case in a short time? You will find answers to these questions in this article.
the main thing
When registering a marriage, none of the young people think that they will have to face certain life difficulties or get a divorce. Nevertheless, this happens quite often. At the same time, children may already be born in the family, but one of the spouses understands that she does not want to live with her husband or wife anymore, and wants to end the marriage. In this case, a divorce is considered inevitable.
I would like to say right away that if a family has small children, then the dissolution of the marriage takes place only in court. One of the spouses, who will live together with the kids and take care of their upbringing (most often this is the mother), must demand the payment of alimony for children from the former spouse. This should not be forgotten.
Where to go
If the couple agreed among themselves about which of them the common baby will live with, then the divorce should take place in a magistrate’s court. Otherwise, the case is referred to the district justice authority. But in practice this happens extremely rarely. After all, a man who has decided to leave his wife and children is usually not interested in having the kids live with him.
The lawsuit for divorce is sent to the magistrate's court of the area where the defendant lives. If a small child lives with the plaintiff, then he can transfer the application to the judicial section of his district.
Decor
You can ask for a divorce suit even in a magistrate’s court. As a rule, the bailiff sitting at the entrance to the court shows where you can write a statement and in which office to transfer. Below is the standard text of this claim.
Justice of the Peace ____________
address _________________________
Plaintiff __________________
address and telephone number ___________________
Defendant ______________________
residential address _________________
Divorce lawsuit
_____________ (the date of conclusion of the union is indicated) I married the defendant _____________ (full data). She lived with him until __________ (write the date). From marriage, we have __________ (daughter or son, date of birth). Since __________ (since what time) we do not live together and do not conduct a common household. In this regard, the preservation of the family is considered impossible. We have no joint property.
The issue of raising and living a child has been resolved by us. The child lives (indicate with one of the parents). Funds for the maintenance of a child _________ (recovered in court or paid voluntarily).
Based on the foregoing, by virtue of stat. 21, 23 of the IC of the Russian Federation and stat. 23, 131, CCP,
I BEG:
Marriage registered between a citizen ___________ (personal data) and a citizen ___________ (name and date of birth) in the registry office _________ (place of registration), terminate.
Applications:
1. Certificate of conclusion of a marriage union (original and its copy).
2. Birth certificate of a child or children (two copies).
3. Copy of the claim (for the court and the defendant).
4. A check confirming the payment of state duty.
The date and signature of the plaintiff ___________________________________
Interesting
A lawsuit on divorce and division of property shall be considered by a justice of the peace if the amount of the claim does not exceed fifty thousand. Otherwise, citizens will have to apply to the district court to resolve this issue.
In addition, most often lawyers advise you to first file a divorce, and then deal with the division of common property. It will be so much easier. Moreover, some of the spouses share the common property on their own, without asking for help from the judiciary.
What else do you need to know
A lawsuit for divorce is transferred not only in the situation when the husband and wife have small children, but also when one of the spouses refuses to divorce in the registry office. In practice, this is quite common. In this case, the application must also be submitted to a magistrate’s court located in the territory where the defendant resides.
A sample of a claim can be taken directly in court. You need to take the necessary papers with you (marriage certificate, pay the state fee and bring a receipt). These documents will need to be attached to the written application and transferred to the secretary.
By time
It must be said right away that claims for divorce and recovery of alimony should be considered by a justice of the peace no later than one month. This period of time is calculated from the moment the case is accepted for production, and not from the day the application is submitted to the judicial authority. This should be known to all citizens who are confident that the consideration of the divorce case is too long.
It should also be noted that the court, having carefully studied all the circumstances of the civil case on dissolution of the marriage, has the right to give the spouses a period of reconciliation. This is usually one month. This happens in a situation where the husband and wife have children or one of the citizens does not want to divorce and lose their soul mate.
By law, a period for reconciliation may be granted to the parties for a period of up to three months. But if during this time the husband and wife did not make peace and did not begin to live together again, then their union is terminated in court. An extract from the decision is sent to the registry office.
Estimated Costs
Divorce proceedings are not only a very troublesome and difficult matter, but also very costly. Indeed, in addition to paying the state fee and preparing all the documents, citizens may need the qualified help of a competent lawyer specializing in divorce proceedings. This is especially necessary in cases where the spouses cannot decide which of them the common children will live with, as well as when committing the division of property. Many lawyers make very good money on such processes.
It should also be borne in mind that after paying the state fee (600 rubles), you will also need to pay for the divorce certificate itself (it is issued at the registry office). The state duty for receiving the last document is 650 rubles.
If a woman needs a certificate of a change of last name, then it will also have to pay 200 rubles. Therefore, divorce is considered not only a troublesome affair, but also very costly.
Conclusion
Still, before entering into a marriage, people should think things over and weigh the correctness of the decision. After all, people should marry not in order to get the coveted stamp in their passports, but to create a family and have children.
Once again, I would like to say that a lawsuit on the dissolution of the marriage of the spouses is filed with the magistrate court of the area in which the defendant lives, and only when there is no dispute between the spouses about the children. This must be remembered. Otherwise, the case will be considered in the district court. It is very sad that their parents are divorced, their minor child suffers.
The lawsuit on the dissolution of the marriage one way or another will be considered in court, even if one of the spouses does not want to come to the process. It may take a little longer, but a divorce will still take place if there is no reconciliation between the husband and wife.