How to correctly write a statement of claim for divorce according to the 2021 model

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A sample statement of claim for divorce through a magistrate or district court in 2021 is easy and simple to find. The Internet is replete with a variety of claims. Sometimes they are not entirely correct or outright incorrect, precluding their acceptance by the court. To draw up a claim yourself, you will need a competent sample and an understanding of the differences between a claim for divorce with or without children. Let's look at how to correctly file a claim for divorce through court with and without children.

Procedure for divorce

The easiest and fastest divorce occurs through the registry office - there is no need to go to court at all. But this procedure is not available to all couples, but only to those whose life situation meets the following conditions:

• Both spouses agree to the divorce and independently resolve all property disputes
• They have no children, or the children are already grown
• The consent of one of the spouses does not matter (he is incompetent, declared missing or serving a sentence in prison)

You can read more about the simplified divorce procedure, subject to the conditions listed above, in the article “Divorce in the Civil Registry Office” on the Prav.io portal.

If there are minor children, and the second spouse is available and capable, but does not agree to divorce through the registry office, legal proceedings, alas, are inevitable. Then you need to proceed as follows:

• Prepare mentally by studying as much information as possible about divorce through the court.
• Prepare a statement of claim. You can do this: on your own, by understanding the provisions of Article No. 131 of the Code of Civil Procedure of the Russian Federation, by downloading a sample from the Internet, by going to a legal consultation office, or by receiving legal advice.
• Determine the court to which you will appeal. Globally, if there are no particular disagreements, territorially, if there are disagreements. At the place of registration of the plaintiff or defendant. If you have small children, you can do both.
• Go there, get the details from the office and pay the state fee
• Prepare the necessary documents to attach the claim and submit them to the court office along with the claim and a receipt for payment of the fee.
• Wait for the date of the hearing appointed by the court and take part in it

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.

How to properly file an application for divorce in court?

The Family Code of the Russian Federation regulates in some detail the procedure for dissolving a marriage through the court, but it does not say anything regarding the rules for filing a claim. A claim for divorce, as such, is no different from other types of claims, therefore it is written according to the general rules provided for in the already mentioned Article No. 131 of the Code of Civil Procedure of the Russian Federation.

It is necessary to follow these rules. Otherwise, the court will not accept it for consideration, but will return it for revision. This will mean wasted time and the need to start all over again.

So, the basic rule is no corrections or erasures, no grammatical errors (at least gross ones that immediately catch the eye), a business-like and emotionally neutral style of presentation. You can write it by hand (only in legible handwriting) or type it on a computer and print it out - it doesn’t matter.

As for the design, it should be as follows:

• In the upper right corner there is a “Hat” - details of the parties. It must contain: The full and exact name of the judicial body, in some cases, the full name of the judge is written
• Full name of the plaintiff, his address, contact information
• Full name of the defendant, his address
• If the addresses of registration and actual place of residence do not match, you need to write both, with explanations: “registered at such-and-such an address,” actually lives at such-and-such an address.”
• If the claim contains a claim for division of property, you need to write the so-called “claim price” - the total value of the divided property. Based on this amount, the duty will be calculated, so the figure should be located where the office employee can easily see it - in the “Hat”

ATTENTION! The most questions from divorce claimants are raised by the so-called motivational part - the reason for the divorce.

Firstly, the real reasons for divorce are often unsightly - adultery, rudeness, assault, alcohol abuse, sexual perversion - and you don’t want to bring them up for public discussion.

Secondly, sometimes even the spouses themselves do not really understand why they want to separate - life together has simply become unbearable. And how to formulate this?

In fact, the real reasons for divorce are not important to the court. The motivational part is a pure formality. What matters to the court is only the presence/absence of the possibility of reconciling the spouses and preserving the marriage. This means that the absence of a “valid” reason for divorce may prompt the court to postpone the consideration of the case and set a “period for reconciliation”, which will be 1-3 months.

If you do not want to “make peace”, but, on the contrary, want to complete the unpleasant but necessary divorce procedure as quickly as possible, choose neutral but categorical formulations of the reasons for divorce. For example: “irreconcilable differences”, “impossibility of maintaining a family”, “opposite life values”, “incompatibility of characters”, etc. If the spouses actually already live separately or one of them is in a relationship with other partners, this is also worth mentioning.

Sample statement of claim for divorce without children 2021

Since divorce through the registry office is not difficult for childless couples, going to court means that the defendant is deliberately “slowing down” the divorce process for some personal reason. And most likely, he will not give consent to divorce so easily.

Therefore, the plaintiff must express in the claim as categorically as possible his desire to dissolve the marriage and show the court that reconciliation is impossible.

But it still cannot be ruled out that a divorce without the consent of one of the spouses will not require an additional meeting caused by the appointment of a “deadline for reconciliation.” You'll have to come to terms with this.

During the second hearing, if the plaintiff’s position remains unchanged, the court will still dissolve the marriage, despite the defendant’s protests.

A sample statement of claim not for divorce without children can be downloaded on the Internet and adapted to your situation.

Or seek help from a lawyer on the Prav.io portal, who will suggest the necessary convincing wording or provide a secure link to download a similar document.

When to get a divorce at the registry office

A request for a divorce process may be submitted to the Civil Registry Office at the exact place of registration of the marriage or at your place of residence. You can submit an application for divorce through the Civil Registry Office only in the following cases:

1. If there are no common minor children in the marriage, and there is mutual consent to divorce.
2. When either spouse was sentenced to more than 3 years.
3. If either spouse is declared missing or incompetent.

In the first case, the divorce is processed as quickly as possible. You need to fill out an application in form No. 8, a sample is always available at the registry office (see →). It must indicate all the information about the husband and wife, the date of marriage between them and the main reason for the divorce. Spouses can certify their consent to divorce with personal signatures.

In the remaining two cases, the application must be drawn up in form number 9 (see →), its sample can also be obtained from the registry office. Such a statement contains a column where the court decision confirms various circumstances. For more information about registering a divorce through the registry office, read the article: “Divorce through the registry office: instructions.”

Sample application through court with children sample 2021

Divorce in the presence of children is more difficult, first of all, because the state positions itself as a guarantor of the interests of minor citizens. And the divorce of parents, at a minimum, can mean infringement of the material rights of children - after all, only one parent will bring “salary into the house”, instead of two.

Meanwhile, the RF IC clearly states that the responsibilities for financial support for children must be fulfilled equally by both parents. Therefore, the court will not divorce a couple unless it orders alimony or is not convinced of the existence of an alimony agreement or agreement between them. That is, that both parents will continue to participate in the maintenance of the children.

Child support is not the only type of dispute between divorcing parents about their children. Sometimes spouses cannot agree on who the child will live with or how he will communicate with the parent who left the family. If all such issues are not resolved pre-trial through negotiations, they should be included in the list of claims.

If everything is decided, convincingly state in a statement all the results of the negotiations: that an agreement on the place of residence of the children has been reached, the procedure for their communication with the “departed” parent has been determined to mutual satisfaction, the issue of child support payments has been settled. It is best to conclude a notarized alimony agreement and present it to the court.

ATTENTION! Some divorcing couples find alimony agreements to be very complicated. Indeed, if we are talking about some non-standard form of alimony (for example, about transferring an apartment to a child, future payment for a university for him, buying clothes and paying for a summer vacation instead of monthly payments), it will not be so easy to formalize everything properly.

However, you can conclude a basic agreement on a regular deduction from your salary in the proportion provided by law (25% - one child, 33% two, 50% three or more). In this way, you will simplify the legal process for yourself: the court will instantly approve this agreement, and the defendant will independently transfer it to the accounting department at the place of work.

A sample of such a statement can also be found on the Internet. Or get a download link or the form itself from a lawyer during a free consultation.

Claim for divorce with and without children: details of where to file

If you need to draw up a statement of claim for divorce yourself, then you first need to find out a number of different nuances regarding the procedure for drawing up a claim and presenting it to the court. It is also highly advisable to consult a lawyer.

Requirements for the form and content of the application are specified in Art. 131-132 Code of Civil Procedure of the Russian Federation. Ignoring them or violating them may result in the return of the claim to the applicant or its abandonment without further progress. In the second case, you will be asked to eliminate the deficiencies indicated by the court. If this requirement is ignored, the judge will return the claim with all attachments.

Mandatory details in a standard divorce claim:

1. The name of the judicial authority to which the application is submitted.
2. Full name of the parties to the case - plaintiff and defendant.
3. Registration addresses of the parties and residence (if they differ, you must indicate).
4. Title.
5. The introductory part, which reflects general information: date of marriage, details of the registration, place of marriage.
6. Data on the impossibility of divorce through the registry office.
7. Information about the impossibility of continuing family life, reasons, possibilities for reconciliation.
8. Information about alimony obligations and child support.
9. Links to articles of the Family Code.
10. The “petition part”, which sets out the demands for divorce and (if necessary) for the collection of alimony.
11. Date, signature, list of attached documents.

The circumstances of the case must include:

• information about the presence of children, their dates of birth and details of birth certificates, as well as information about the children’s place of residence;
• whether agreement has been reached between the spouses on the residence of the children;
• the position of the second spouse in the divorce case.

This list of required information in the statement of claim is universal both for a claim for divorce if there are children, and if the claim is filed for divorce in court without children.

Sample statement of claim for divorce and division of joint property

Even if the division of jointly acquired property through the court is inevitable, it does not have to be done simultaneously with the divorce. You can do this later. But, nevertheless, Article No. 151 of the Code of Civil Procedure of the Russian Federation allows for the combination of homogeneous claims within the framework of one process. This means that you can “kill all birds with one stone” - get a divorce, collect alimony, and divide your belongings at the same time.

Another thing is that several claims, as a rule, mean a more complex and lengthy process, consisting of two or three or more meetings.

ATTENTION! The division of marital property is one of the most complicated, time-consuming and expensive legal proceedings. Moreover, regardless of whether the divorcing couple is “rich” or “poor”. After all, dividing equally many different types of property is as difficult as one apartment, one dacha and one car with a garage. Because it is not money that is divided, but property that people use and would like to continue to use.

Therefore, if you need to get a divorce urgently, it is better not to combine a claim for divorce with a claim for division of property, but leave the “division” for later. But if there is only one claim, it is still advisable to at least approximately agree in advance on what will go to whom. This will save you time.

A sample claim for divorce and division of joint property can be found on the Internet or contact a lawyer from the Prav.io portal who will help you draw it up.

It is important to remember that the fee for a property claim will depend on the value of the property that is being divided.

How to file a claim

Particularly strict requirements are imposed on the execution of a statement of claim, therefore it is prohibited to present it in any form. To avoid possible mistakes when writing such a statement, it is better to use a ready-made sample, which can always be found on various portals of courts or law firms.

Lawsuit cap

In the initial, very first part of such a claim for division of property, it is mandatory to indicate:

• The exact name of the selected judicial district, and, if possible, the initials of the judge.
• Personal name of the person filing the claim, his residential address, as well as a telephone number and, if desired, an email address.
• Personal full name of the second spouse, his exact residential address, contact phone number and email.
• The final amount of the claim.
• Total amount of duty if necessary.
• The exact name of the completed application.

After this, it is important to provide additional information:

1. The exact date, as well as the place where the marriage was concluded.
2. When the divorce process has already occurred, you need to indicate its date, and if not, then indicate the consent of the second spouse.
3. When there are minor children in the family, it is necessary to indicate the personal data of each of them.

To correctly fill out the first part of the claim, it is best to study the sample.

Text of the statement

The text of such a claim must contain the following information:

1. The exact reason why the lawsuit was filed.
2. Available evidence that the spouse is right.
3. An accurate description of all items or real estate that are subject to division.
4. Precisely indicate the main need for dividing the common property in your favor (when you are left with children after a divorce, the common apartment should remain with you).

Conclusion of the statement of claim

In the last part, immediately after formulating each of your demands for division of property, you must list all additional documents and put a filing date and signature.

Additional documents are:

• a copy of the completed claim for the second spouse;
• originals of marriage or divorce certificates;
• original receipt of payment of the duty;
• an official document that confirms your ownership;
• a completed final act or some other document that confirms its amount;
• evidence of possible children under 18 years of age.

As a result, I would like to note that before going to the court station, find out its reception days when you can submit your application, as well as the hours for accepting such documents, this will save time.

What documents must be attached to the statement of claim?

The list of required documents is determined by the content of the claims. The list of documents that may be needed for a judicial divorce is contained in Article No. 132 of the Code of Civil Procedure of the Russian Federation. Conventionally, all documents can be divided into basic and additional. The basic ones include:

• Copies of passports of divorcing spouses
• Copy of marriage certificate
• Copies of children's birth certificates
• Receipt for payment of the fee (the original is submitted to the office; it is recommended to make a copy and keep it with you)

You can attach to the claim simple copies made on a photocopier yourself. You also need to remember that the statement of claim and all attached documents are submitted not in one copy, but in three: one copy of the package will be left in the court office for work, one will be returned to the plaintiff, and one will be sent to the defendant.

The need for additional documents depends on what claims are being made. If all controversial issues are settled by the spouses pre-trial, then you will only need a copy of the agreement on “children’s” topics - with whom the child will live, how much alimony the ex-spouse is going to pay, and how communication with the children will take place.

If additional claims are present, you may need:

• Certificates of income (if child support is awarded at the same time as the divorce)
• Medical certificates confirming incapacity for work, evidence of expenses for children (if we are talking about collecting alimony for a disabled child, a pregnant wife or a mother on maternity leave)
• Title documents for objects of jointly acquired property, checks and receipts for the purchase of property, a marriage contract, if concluded (when property is divided along with a divorce)
• Characteristics from the place of work, reports of inspection of living conditions, conclusions of guardianship and trusteeship authorities (if the issue of with whom the child will live or the procedure for his communication with the parent leaving the family is being decided)

ATTENTION! If the court office finds the list of documents that does not meet the requirements of Article No. 132 of the Code of Civil Procedure of the Russian Federation, the claim will be returned for revision. But it's not only that. The documents presented influence the outcome of the verdict. In particular, on the amount of alimony that the plaintiff can receive, on the decision about who the child will stay with, on what property the plaintiff will receive upon division. Therefore, their collection and preparation should be approached very carefully.

What jointly acquired property is subject to division after divorce?

According to current Russian legislation, the division of property concerns only those things that were previously purchased by spouses during the marriage relationship. Almost always, all acquired property is divided equally among the spouses, in other words, it is simply divided equally.

In addition, things, things acquired before marriage, as well as deeds of gift, inheritance, donation or privatization cannot be included in the statement of claim, because this is the property of only one party. Various personal items, such as clothes, shoes and others, are also not subject to division. Despite this, precious things, as well as luxury items, can be included in the statement of claim.

When drawing up such an application, the plaintiff is obliged to indicate in it the total cost of all goods subject to division in accordance with the current market value, taking into account their wear and tear. The provided sample will help you enter the amount into the application.

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Also, all property can be recognized as common property when, before marriage, its owner was one spouse, but during the marriage, when common money was contributed, its value was significantly increased. It is also possible to file a claim in cases where we are talking about the division of business or other joint activities of an ex-husband and wife.

Read in more detail: → division of a mortgage after a divorce, → division of an apartment after a divorce, → division of loans after a divorce, → division of a car after a divorce, → division of property acquired in a civil marriage.

State fee for filing a divorce claim

For a divorce in court, you will have to pay the fee twice. First, 600 rubles when filing a claim, according to Article No. 333.19 (Part 5, Clause 1) of the Tax Code of the Russian Federation). And when the court makes a decision on divorce and it will need to be submitted to the registry office to make changes to the registration books and obtain a divorce certificate, each spouse will have to pay another 650 rubles for paperwork (according to Article No. 333.26 of the Tax Code of the Russian Federation).

For an additional claim for alimony, no fee is charged to the plaintiff. But with the division of property, everything is somewhat more complicated. Such a claim falls into the category of property disputes.

The law does not provide for a fixed fee for property claims. It is calculated individually each time, depending on the “claim price” - the value of the disputed property - according to the regulations of Article No. 333.19 (Part 1, Clause 1) of the Tax Code of the Russian Federation.

You can read more about the procedure for calculating it in the article “State duty for the division of property during a divorce in 2021”, posted on our portal.

The plaintiff calculates how much to pay independently and pays the required amount according to the details of a specific judicial authority before filing a claim there. If the amount is too large for him, the plaintiff can submit a petition to the court to reduce the amount of the fee (if there are valid reasons specified in Article No. 333.20 (clause 2) of the Tax Code of the Russian Federation), for an installment plan or deferment of payment.

How to behave correctly during a divorce

1. You should not make the final decision about divorce based on emotions. It’s better to try to calm down and weigh all the pros and cons of divorce.
2. Try to save your family better. Try to talk frankly with your spouse, discuss all the complaints and find a way to resolve them.
3. Try to look at family relationships objectively. Don't blame your partner for everything. It’s better to think about what exactly you are doing wrong.

In many cases, when a husband and wife want to save their family, the above advice often helps them avoid family breakdown. When you have finally decided to end your marriage, it is important to try to maintain at least good relations with each other. This will significantly help to survive the breakup of the family without traumatizing each other’s psyches.

Where to file for divorce?

There are two types of courts that handle divorces:

• Worldwide. They file “purely formal claims” that do not require trial as such. Spouses come to the magistrates' court without any disagreements, declare their absence, testify that they have no mutual claims and receive a divorce.
• Territorial. Claims are filed in a city or district court by spouses who could not peacefully agree on alimony, the place of residence of children and the division of property. The court decides all this for them.

ATTENTION! According to the rules, a claim should be filed in the court located at the place of registration of the defendant. There are a number of exceptions to the rules. Living with minor children is one of these exceptions, allowing the plaintiff to file a claim at the place of his own registration. Since this article deals specifically with divorce in the presence of minor children, the plaintiff, by definition, can file an application where it is more convenient for him.

Acceptance of an application for divorce

After filing a claim with the court office, the question of whether it will be accepted for consideration is decided within 5 days. If the claim is drawn up in accordance with all the rules, the fee is paid and there are no complaints about the attached documents, the application is accepted for processing, which the court informs the plaintiff about. The first meeting is usually scheduled after a month. Both parties are notified of the exact date, time, and location.

Many people ask the question: “Why do you have to wait so long?” This is due to the peculiarities of legal proceedings, regulated by a whole set of procedural norms and rules. In addition, judicial practice traditionally adheres to the rule “to give the plaintiff time to think.” During this month, the claim can be withdrawn if the plaintiff changes his mind.

Rules for drawing up an application

The statement of claim for divorce through the registry office contains the following information:

• exact full name, as well as place and date of birth, nationality, citizenship, permanent place of residence and personal passport details of both spouses;
• exact details of the marriage certificate;
• a detailed text requesting a divorce, where the woman must indicate whether she wants to keep her husband’s last name or return it to her maiden name;
• the exact date of registration of the application, as well as the signature of the husband and wife.

Form number 9 must indicate the established incapacity of either spouse, and form number 10 must include a copy of the final court order. When filing a claim for divorce through the Civil Registry Office, you must have the following documents:

• original marriage certificate;
• official receipt of payment of the fee;
• personal passport of each spouse.

After filing the application, the spouses are given one month to think about the divorce, during which time each of them has the right to refuse the submitted application. If there is no refusal of the application during this month, then the divorce occurs with one or both spouses.

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Consideration of an application for divorce in court

Contrary to popular belief, getting a divorce in court is not very difficult if the decision of the spouses is conscious and mutual. The judicial divorce process is quite formal. The court examines the documents, and if everything is clear (alimony has been calculated, with whom the children remain, it has been decided, the division of property does not cause judicial disagreements), it divorces the spouses during the first meeting.

If one of the spouses is categorically against divorce, a “delay for reconciliation” cannot be avoided. It can range from 1 to 3 months. But after this period, if one of the spouses continues to insist on divorce, the court will make a positive decision.

Another reason for scheduling new hearings may be disputes between spouses right in the courtroom. For example, they may insist that they be given the opportunity to present new documents to support their position, invite witnesses, etc. The court agrees and schedules a new hearing. As a rule, again in a month.

The process is also delayed by the absence of spouses from meetings. If both do not appear, the court will consider that they have reconciled and close the case. If there is one, the meeting will either be postponed or a decision will be made in his absence.

If the reason for failure to appear is valid (illness, urgent departure), you need to notify the court in advance and ask for a postponement or to make a decision in your absence, or send a representative in your place with a notarized power of attorney. This could be a professional lawyer (which is reasonable when there is a disagreement between the parties), or a private person (a friend or relative who will simply be present in your place).

When the decision on divorce is made by the court, the spouses receive this document in their hands (each a copy). They have 10 days to present the decision to the registry office, complete all formalities and receive a divorce certificate and a corresponding stamp in their passport.