The most difficult case of divorce is when there are minor children, when it is necessary to divide jointly acquired property, or when the husband or wife does not want to voluntarily file a divorce. In all these cases, the issue of divorce is resolved through the court, with one of the spouses filing. In this article we will look at how to file an application for divorce if there are minor children, property or other controversial issues.
Read about divorce through court. The court considers the claim and makes its decision on the possibility of divorce, on the division of property, on the fate of the children and the amount of alimony. Only if there is a court decision, you can apply to the registry office for state registration of divorce.
The application is submitted by one or both spouses; standard form 10 is used to fill it out. We suggest downloading the application form for divorce according to form 10 and a sample of its completion in this article below.
In addition to Form 10, two more application forms have been developed - Form 8 and Form 9.
Intended for filing a divorce in the absence of issues of division of property and obligations, in the absence of minor children. If both spouses are ready to amicably finalize the divorce, then it is necessary to fill out an application in Form 8.
Filled out on the basis of a court decision or sentence. This divorce application form is issued in the event that the court recognizes the husband or wife as incompetent or in the event that one of the spouses has gone missing. Also, an application in Form 9 is filled out on the basis of a court verdict depriving one of the spouses of liberty for a term of over three years.
In all other cases, the application for divorce form 10 is used.
How to make an application
Either both spouses or one of them can fill out the form. The full name of the applicant(s) is written in the upper right corner, and the name of the registry office office where the divorce will be filed (at the place of residence of one of the spouses) is also indicated.
Application for divorce form 10 is used to fill out if the spouses have joint children under 18 years of age or have any disagreements or disagreement to divorce. You can download form 10 from the link below, where you can also find a completed sample application for download.
An application for divorce in Form 10 is filled out on the basis of a court decision, which determines with whom the children will remain, how the property will be divided and how much alimony will be paid. To do this, one of the spouses initially draws up a statement of claim for divorce and submits it to the court. A sample statement of claim can be downloaded from.
The received court decision will serve as the basis for completing and submitting an application for divorce to the registry office.
If there are no disputes between the spouses and there are no joint children, then the spouses only need to fill out an application for divorce in Form 8 and submit it to the registry office for state registration of divorce. .
If spouses have children and one of the spouses is recognized by the court as missing or incompetent, then fill in. The same form is also filled out if one of the spouses is serving time in prison.
Sample of filling out an application for divorce form 10
The application form must indicate the full name of the applicant and the full name of the spouse with whom it is necessary to dissolve the marriage.
The document on the basis of which the request to dissolve the marriage is made is a court decision, and it is necessary to indicate the name of the court that heard the case. The date of the court decision is also indicated.
Next, fill in the details of the applicant: one of the spouses or both. Filling out paragraphs 1-8 is done in the same way as in other divorce application forms. Here the full name, date and place of birth, nationality and citizenship, place of residence and information from the passport are indicated, as well as the number and date of the marriage registration certificate, as well as the name of the registry office where it was registered.
Below, the applicant indicates what surname he wishes to receive after the divorce.
The completed application in Form 10 is signed by the applicant and dated.
A copy of the court decision is attached to the application form and submitted to the registry office.
What causes divorce? If there is a need for divorce through the court, then there must be good reasons for this:
- the emergence of disagreements regarding the division of property;
- presence of a young child;
- reluctance of one of the spouses to apply to the registry office.
First, a lawsuit is drawn up with a request to dissolve the marriage, which sets out reasoned claims against the spouse. This document is then filed with the district court.
What documents are needed for a divorce?
The following documents must be submitted to the judicial authorities:
- 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 were still unable to agree and come to general decision, then the court dissolves 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.
How to get a unilateral divorce?
If the defendant fails to appear in court for an unexcused reason, then the divorce process can be carried out unilaterally. The defendant is sent a summons and if he cannot appear in court for a good reason, he must notify the judicial authorities. In this case, the court hearing is postponed or, in the case of a unilateral decision, cancelled. After this, the divorce process begins again.
Also, the case can be considered unilaterally when one of the spouses is serving a sentence in prison for more than 3 years. This process is carried out by the registry office employees. If there are claims, the case is transferred to court, where a copy of the verdict that has entered into force and information about the place of detention of the spouse is presented.
In the same way, the registry office dissolves a marriage with an incompetent person. To consider the case, you need to document the spouse’s incapacity (provide a court decision).
If a spouse is considered missing, then the divorce is carried out by the registry office unilaterally. If the missing spouse suddenly appears, he is issued a certificate of divorce. In such cases, the law allows the marriage to be restored - for this, both spouses need to submit an appropriate application.
There are several established application forms:
- Form 8 - filled out with mutual consent of the spouses for divorce;
- Form 9 - filled out in case of incapacity or disappearance of one of the spouses, as well as when they are serving a prison term;
- Form 10 - if there are children, all sorts of disagreements and unwillingness to get a divorce.
Divorce in the registry office
Divorce in the registry office- a fairly simple procedure, but it is not always possible to carry out. This can be done under the following conditions:
- Mutual desire of the spouses to divorce;
- They do not have young children;
- Absence of any disagreements between spouses.
Both parties fill out a divorce application on Form 8, where they indicate basic information about themselves. After that, they submit it to the regional registry office.
The text of the application must indicate the surname that each spouse will keep after the divorce. Then they submit the document to the regional registry office.
Spouses must personally bring the application to the registry office, which within a month will make a decision on divorce and prepare the corresponding document.
Application for divorce (form 8)
The registry office has the right to dissolve a marriage if both spouses want a divorce and they have no mutual claims against each other. To do this, you must fill out an application in the established form (Form 8) and submit it to the regional registry office. It is also worth noting that at least one of the spouses must be present when submitting documents.
Filling out the application
The application form must include the following information:
- the name of the regional registry office to which the application is being submitted;
- the full initials of both spouses;
- date, place of birth and citizenship;
- nationality (can be specified upon request);
- residential address;
- details of the identity document;
- information about entries in the deed book.
In the lines “to him” or “to her” the surnames are written, which after the divorce they will keep for themselves ex-spouses. Each spouse must sign the completed application for divorce and indicate the current date.
Download application for divorce form 8 (form and sample)
Application for divorce (form 9)
In some situations, one of the spouses may divorce without the presence of the other half. This happens if the other spouse is incapacitated, serves time in prison, or goes missing. An application for divorce in Form 9 is filled out and signed by only one of the spouses, since the other cannot be present.
Before filling out the form, you must have a court order recognizing the second spouse as missing or incompetent. If the second spouse is in prison, then there must be a court verdict on detention.
How to fill out an application on Form 9?
The basis for filling out an application in Form 9 is court decision or sentence. Filling out the form is as follows:
- in the right corner the full name of the registry office office where documents for divorce are submitted is indicated. Here the applicant indicates his initials in full;
- the text of the application must contain a request for divorce from the second spouse. His initials are also indicated in full;
- Please fill in the details of the divorcing spouses below. The applicant indicates his data and information that he knows about the second spouse;
- paragraph 6 indicates the place of residence of the missing spouse. You can indicate the last one that was known;
- in paragraph 7 you need to indicate the reason for the upcoming divorce. It also provides information about the verdict or court decision and the name of the judicial authority that issued the document;
- clause 8 indicates the details of the applicant’s identity document;
- Clause 9 contains information about the registration of marriage between divorcing spouses.
At the end of the application, the surname that the applicant wishes to keep after the divorce is written. If the applicant is a spouse, then she can leave her husband's surname or return the surname that she had before marriage.
You should also include the following information at the end:
- if the spouse is missing: the initials of the person managing the spouse’s property and his postal address;
- if the spouse is incapacitated: the initials of the guardian and his mailing address;
- if the spouse is serving a sentence in prison: the name and postal address of the institution in which he is detained.
The spouse filing for divorce signs it and indicates the current date on it. Then the application is submitted to the registry office along with a copy of the court decision or sentence.
Download application for divorce form 9 (form and sample)
Application for divorce (form 10)
If divorcing spouses have young children, one of them refuses to get a divorce, or it is necessary to divide jointly acquired property, then the marriage is dissolved with the involvement of the courts. A claim for divorce is filed by one of the spouses. After considering it, the court issues a verdict on the divorce, the future fate of the children and the amount of alimony, as well as on the division of property. Only with a court decision in hand can you come to the registry office with an application for divorce, which is filled out according to Form 10.
How to fill out an application on Form 10?
This form of application can be filled out by both spouses or by one of them. The applicant's initials and the name of the registry office are indicated in the upper right corner. Before filling out the form, you must provide a decision made by a judicial authority. This information is written under the title of the application.
You should also provide information about both spouses:
- initials in full;
- date and place of birth;
- citizenship;
- residential address;
- passport details;
- information about the entry in the register book.
At the bottom of the application, the surname that the former spouses want to keep is indicated. After that, they sign the form and put the date.
Download application for divorce form 10 (form and sample)
Statement of claim for divorce
This document is necessary for spouses in cases where a judicial authority is involved in the divorce process. The plaintiff is one of the spouses who files a claim in court. In it, he asks to file a divorce, decide the future fate of the children and resolve disputes over the division of property. The second spouse is the defendant - it is at his place of residence that the application is submitted.
Having considered the case, the court makes a verdict: with whom to leave the children, what the amount of alimony will be and how the division of property will be carried out. After this, an application for divorce is submitted to the registry office.
How to fill out a claim for divorce?
At the top of the form the name of the judicial body where the document is addressed is indicated. Below is written information about the plaintiff and defendant: initials, date of birth and home address.
The form of the application text is free, but it is necessary to reflect such information as:
- reason for divorce;
- information about the child (if any);
- date and place of marriage;
- information about the entry in the register book;
- since when the spouses do not live together (date);
- with whom is it preferable to leave the children?
- wishes regarding the division of property;
- request to collect child support payments.
An appendix is attached to the application, which lists all the documents submitted along with the claim. The applicant signs the claim and submits it to the court along with the attached documents.
7 steps to draw up a statement of claim for divorce
- Download a sample application for free from the website
Get detailed information about divorce, read examples of statements of claim, court decisions and judicial practice — .
Collect necessary documents, make copies of them
Draw up an application for divorce according to our sample.
If you have additional questions or your situation is beyond the typical, ask questions in the online consultant.
Contents of the statement of claim for divorce
Statement of claim the divorce notice is drawn up in writing, by hand or printed. Such a document may contain only mandatory details, but can also be supplemented with a statement of circumstances family life in free form. Let's look at the mandatory information that is indicated in all applications for divorce:
- name of the court (magistrate). For a magistrate judge, the number of the magistrate's court precinct is usually indicated. For example, the magistrate judge of court district No. 1 of the Matushkino district of Moscow. Or to the magistrate of judicial district No. 242 of the Serpukhov judicial district of the Moscow region.
- details of the plaintiff and defendant: full name, residential address. It is advisable to indicate telephone numbers and e-mail.
- document name: Statement of claim for divorce
- the text indicates the following information: when the marriage was concluded, until what time the family relationship continued, whether there is a dispute about the division of property and children, the reasons for the divorce. Next is a request for divorce. The attachments to the claim are indicated.
- the application must be signed. The date can be set when you filed the claim or when you will file.
Features of drawing up an application for divorce with children
The question often arises about the peculiarities of drawing up an application for divorce in the presence of common children. In this case, follow general rules. Additionally, indicate in the text whether you have children in common with the defendant. You only need to indicate joint children whose both parents are listed on the birth certificate. Only minor children under 18 years of age are indicated.
You need to write down the child’s full last name, first name and patronymic, and his date of birth. If there are several children together, then we indicate the details of each of them (again, only minors). Copies of birth certificates will need to be attached to your application.
You can download samples of applications for divorce with one child or several children to see the specifics of their execution.
How to file a claim for divorce
In general, a petition for divorce must be filed with the magistrate at the defendant’s place of residence.
When filing a claim, a state fee of 600 rubles is paid. The statement of claim is accompanied by an original marriage certificate, a document confirming payment of the state fee, copies of birth certificates for minor children and a copy of the statement of claim for divorce for the defendant.
For general rules for filing documents in court, see the article -.
Acceptance of an application for divorce
After receiving the statement of claim, the magistrate decides on its acceptance within 5 days. If the plaintiff correctly understood and followed all the recommendations, the application is accepted and a court hearing is scheduled for the case. Otherwise, the application will be left without progress or returned to the applicant.
If the statement of claim is returned, use the recommendations >.
Consideration of an application for divorce in court
The hearing of the case on the application for divorce is appointed by the magistrate no earlier than one month from the date of its submission. It is impossible to go faster - this time is strictly established by law. If you file a claim for divorce today, the case will be scheduled only in one month.
The plaintiff will receive a summons (notice) by mail, by telephone (e-mail) or in person about the time and place of consideration of the case.
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At the court hearing, the court finds out the reasons for the divorce, whether the plaintiff supports his demands, whether the defendant agrees to the divorce, and whether reconciliation of the parties is possible. If the plaintiff supports his demands, and the defendant is not against the divorce, then the court will make a decision on that day to satisfy the claim. If the husband or wife express disagreement or doubt about the possibility of dissolving the marriage, the court will most likely give time for reconciliation. The reconciliation period is up to 3 months. Therefore, if you want the case not to drag on, you need to clearly and without a shadow of a doubt support the claims and ask the court to dissolve the marriage, indicating that saving the family is not possible.
Sample statement of claim for divorce in 2019
The presented sample application for divorce was compiled taking into account the latest changes in family law for 2019.
When filling out the sample, please note that abbreviations are not allowed; write all words in full. It is better to indicate the address with a postcode. It would not be bad if you indicate the telephone numbers of the plaintiff and defendant.
Magistrate of the court district Statement of claim for divorce“___”_________ ____ I entered into marriage with _________ (full name of the defendant). They lived together until “___”_________ ____. The marital relationship between the plaintiff and the defendant has been terminated since that time. General management has not been carried out since this date. Further life together became impossible. There is no dispute about the division of property that is the joint property of spouses. There are minor children from the marriage _________ (full name, date of birth of children). There is no dispute about children. According to paragraph 1 of Article 23 of the Family Code Russian Federation if there is mutual consent to dissolve the marriage of spouses who have common minor children, as well as spouses specified in paragraph 2 of Article 21 of the Family Code of the Russian Federation, the court dissolves the marriage without clarifying the reasons for the divorce. Based on the above, guided by articles 21, 23 of the Family Code of the Russian Federation, articles - of the Civil Procedure Code of the Russian Federation,
List of documents attached to the application (copies according to the number of persons participating in the case):
Date of application “___”_________ 2019 Signature of the plaintiff _______ |
Is it worth combining a claim for divorce with other claims?
In a civil case, it is possible to combine homogeneous claims against one defendant in one statement of claim (). In relation to divorce, this means that in one statement of claim you can ask the court to dissolve the marriage and collect alimony, divide the property of the spouses, or determine the place of residence of the child.
However, we do not recommend combining divorce claims with others, since this will lead to delays in the consideration of any of the issues. For example, it is easier to file a separate statement of claim for divorce and an application for a court order for alimony. While the divorce case is still being prepared, alimony will already be collected.
Download a free sample application:
Questions when filing a claim for divorce
What to do if there are no marriage documents?
My husband and I separated a long time ago, we haven’t lived together for many years, I don’t know where he is. How to get a divorce in this case?
If the place of residence of the second spouse is unknown, divorce is carried out through the court. First, try to search for your spouse, visit his last place of residence, talk with neighbors, mutual acquaintances, and his relatives to find some information. If the search does not bring results, file a claim for divorce at the last known place of registration of the defendant at the place of residence. Please note that the court will request information about the defendant’s registration from the passport office.
The husband is against divorce, is it possible to divorce in this case without his consent?
In the absence of the consent of the second spouse, divorce is carried out through the court. Submit a statement of claim to the magistrate, at the court hearing the court will listen to the positions of the plaintiff and defendant, if the husband insists on preserving the family, you will be given a period of up to 3 months for reconciliation. After this, if reconciliation does not take place, the court will dissolve the marriage.
I don’t want to go to court, I don’t want to see my wife anymore, how can I get a divorce without my presence?
Presence at a court hearing is a right, not a duty, of a citizen. When filing a claim, you can formalize. After this, all that remains is to receive summons in a timely manner and wait for the result.
Is it possible to make additional demands when filing a claim for divorce?
When filing a claim for divorce in court, the plaintiff may make other claims related to family relations. For example, on the collection of alimony for the maintenance of children, on the collection of alimony for the maintenance of a spouse, on determining the place of residence of children, on participation in raising children, on the division of jointly acquired property. It should be taken into account that the combination of several claims may lead to a change in the jurisdiction of the dispute and will increase the time frame for resolving the case.
Based on our experience, it is better to file a claim for divorce separately. This will reduce the time it takes to resolve a case and will allow you to concentrate on a specific problem in each case without missing important circumstances.
How to correctly draw up a statement of claim for divorce if the husband is in prison, which court should he go to?
If one of the spouses is sentenced to a term of imprisonment of more than 3 years, the second spouse can file a divorce through the registry office at his place of residence. The application will also need to be accompanied by a certified copy of the court verdict. If the term of imprisonment does not exceed 3 years, the statement of claim is filed in the general manner, the place of residence of the convicted person is his last place of registration before imprisonment. In this case, the statement of claim must additionally indicate that the defendant is serving his sentence, when he was convicted and where he is being held.
How are documents certified if a claim for divorce is filed in another city, and the plaintiff’s personal participation in the court hearing is impossible?
In general, photocopies of all documents can be attached to the statement of claim. The court will verify their authenticity at the hearing when the plaintiff brings the originals. If the plaintiff does not participate in the consideration of the case, the attached copies of documents must be notarized. When filing for divorce, certify your marriage certificate and children's birth certificates. The statement of claim and its copy are certified by the signature of the plaintiff, the receipt of the state duty is attached in the original.
What if the spouse left 8 months ago and took the marriage certificate with her?
Obtain a duplicate marriage certificate from the registry office. Fill out the application according to the provided sample. As the defendant's address, indicate the last known address of the spouse's place of residence; you will go to court at this address.
Do I need to have copies of the statement of claim and the child’s birth certificate certified by a notary when sending divorce documents to the city where the defendant lives?
A statement of claim is a document that is written and signed by the plaintiff, so a copy of the statement of claim for the defendant is certified by the signature of the plaintiff, this will be sufficient. If the plaintiff does not plan to appear in court, it is better to have the remaining documents (copy of marriage certificate, copies of children’s birth certificates) certified by a notary. The receipt of the state duty is attached in the original.
How much does a sample divorce petition cost on your website?
A sample statement of claim for divorce can be downloaded from the website for free. If you need legal assistance in filing a claim, please fill out the contact form.
