Sample application for divorce in Kazakhstan

Filing a claim for divorce at your place of residence

The completed statement of claim, as well as the documents attached to it, can be brought in person to the court office or sent by mail. Usually the claim is sent to the place of residence of the defendant. However, the law provides for the filing of a statement of claim at the plaintiff’s place of residence, if there are appropriate conditions:

• the defendant lives in another locality, and the plaintiff cannot go there due to poor health or because of small children;
• the plaintiff lives with minor children;
• the defendant has gone missing, of which there is appropriate confirmation;
• the defendant is in the MLS;
• the defendant was declared incompetent, as evidenced by medical reports.

In such situations, the plaintiff has the right to file an application at his place of residence.

The choice of the court to which the statement of claim should be filed depends on the specific circumstances. So, if there is no disagreement between the husband and wife about who the children will stay with and there is a common understanding of the issue of division of property, then the claim should be sent to the magistrates’ court. If the spouses were unable to agree peacefully on the place of subsequent residence of the children or have claims regarding the division of property, the value of which is more than 50,000 rubles, and also when the plaintiff demands alimony for him or the child, then the statement of claim should be sent to the district court.

How to write an application to the court for divorce

Most citizens rarely face the need to prepare procedural documents. To simplify the process, applicants decide to file a claim for divorce. However, experts do not recommend using ready-made documents. The fact is that there is no universal application template. In each situation, it is necessary to reflect a list of significant circumstances and supplement the paper with a package of documentation. If the required information is missing, the judge will refuse to consider the claim or leave it without proceeding.

Therefore, it is better not to use an example of a statement of claim for divorce, but to involve a professional lawyer in preparing the documents. Despite the significant differences between statements of claim, each of them must contain mandatory information. You must reflect:

• Information about the court that will handle the claim;
• Information about the plaintiff and defendant, indicating data for operational communication;
• Information about the human rights defender, if he will represent your interests during the claim proceedings;
• Requirements that you want to achieve during the claim proceedings;
• Information about marriage;
• Details of children, if present;
• The presence or absence of disputes about property or a child;
• List of applications;
• Date and signature with transcript.

Claim for divorce without children

A statement of claim for divorce without children is filed in the magistrate's court. If during the meeting the second spouse gives his consent to the divorce, the statement of claim will in any case be considered by the court.

The claim states:

• address and name of the court;
• Full names of the spouses, their residential addresses;
• data on the circumstances of the dispute: date of marriage, time of termination of cohabitation, reasons for divorce;
• the position of the second spouse – disagreement with the claim and its reasons;
• request to the court for divorce;
• signature, date, list of attached documents.

The statement of claim must be drawn up in writing, preferably on a computer. The judge has the right to leave a handwritten illegible document without movement and suggest that it be redrawn.

Documents for divorce without children to court

The following must be attached to the claim for divorce without children:

1. Receipt for payment of a fee in the amount of 600 rubles.
2. A copy of the claim to the defendant.
3. A copy of the applicant's passport.
4. A copy of the marriage certificate.

Additionally, a certificate of place of residence may be required as proof that the spouses no longer live together.

All documents, except the fee payment receipt, are provided in copies. The originals must be taken to court for review if the judge needs to do so. If you intend to ask the court to consider the claim in your absence, copies of documents must be certified by a notary.

Sample statement of claim to court 2021 for divorce without children

A typical sample application for divorce of spouses through a magistrate's court in the absence of children reflects a situation where one of the spouses does not agree with the dissolution of the marriage.

In this case, in the application itself, it is necessary to refer to the fact that the spouse is categorically against the dissolution of the marriage, while there are no common children from their life together.

You can download the claim from the link below, but when drafting the document yourself, it is best to consult with an experienced lawyer.

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State duty for divorce

The amount of state duty that must be paid in the event of a divorce through the court is regulated by the Tax Code of the Russian Federation, more precisely - Art. 333.19 part 5 clause 1. As of 2021, it is 600 rubles.

However, if the statement of claim, along with the petition for divorce, indicates a desire to divide jointly acquired property or other requirements of a material nature, then you will have to pay a completely different amount. In this case, it will depend on the value of the claim, which, in turn, is identical to the value of the property in respect of which the disputes have arisen. This point is spelled out in Part 1, Clause 1, Art. 333.19 Tax Code of the Russian Federation

When calculating the cost of the duty in this case, the value of the property will be taken into account:

• up to 20,000 rubles - 4% of the amount, but not less than 400 rubles;
• 20,000 - 100,000 rubles - 3% of the value of the property, plus 800 rubles;
• 100,000 - 200,000 rubles - 2% + 3,200 rubles;
• 200,000 - 1,000,000 rubles - 1% + 5,200 rubles;
• over 1,000,000 rubles - 0.5% + 3,200 rubles, but not more than 60,000 rubles.

It should be taken into account that in accordance with Part 1, Clause 12, Article 333.20 of the Tax Code of the Russian Federation, if claims of a property and non-property nature are indicated in one statement of claim, two state fees must be paid.

Let's look at this feature with an example. Maria filed a statement of claim for divorce from her husband Victor and for the division of their jointly owned house, worth 2,000,000 rubles. The claim for divorce is a non-property claim, and the state duty for this part of the claim is paid in the amount of 650 rubles.

However, the requirement to divide the house is of a property nature, and here the state duty will be calculated as follows: 10,000 rubles (0.5% of the cost of the house) + 3,200 rubles. Total 13,200 rubles. The total state fee for the statement of claim will be 13,800 rubles.

Details for paying the state fee for the statement of claim can be obtained from the court office. However, you need to calculate the amount yourself. Therefore, it is important to know on what basis the state duty is calculated for claims of a property nature. The receipt of payment must be attached to the statement of claim; without it, it will not be considered by the court.

If the amount of the state duty turns out to be excessively high for the plaintiff, and the financial situation is unstable, you can ask the court to grant a deferment or allow payment in installments. To do this, you need to send a corresponding petition to the court or state it directly in the statement of claim. However, there is no need to submit it before the statement of claim - it will be returned without consideration.

It is important to prove that the plaintiff’s financial capabilities do not allow him to pay the state fee in full. To do this, you need to be prepared to provide the following documents:

• a compiled list of available accounts subject to tax authority;
• bank statements about the status of personal accounts and the lack of the required amount on them;
• documents confirming the need to repay loans or other debt obligations;
• certificate of income from the place of work;
• a certificate from the Employment Center if the plaintiff is unemployed.

These documents may not be provided, but then there is a high probability that the court will refuse to satisfy the petition and the state fee for the claim for divorce will have to be paid in full.

After the divorce through the court, you will need to pay money again, this time for the state fee at the registry office, where you need to make changes to the registration and obtain a certificate of divorce. The amount of state duty here will be 650 rubles on each side.

Time limits for divorce through court

The duration of the procedure is affected by the presence of conflicts and disputes. If you managed to come to an agreement with the other spouse, document the agreements reached and go to the magistrate’s court - the divorce will take 2 months.

If one of the spouses does not want to divorce, the district court will hear the case. The court acts in the interests of all participants in the proceedings and strives to save the marriage. The parties will be given time for reconciliation. As a result, the period for divorce will increase to 3 months. A retrial will then be held. If the parties fail to reconcile, the marriage is dissolved. The most difficult thing to do is when it is not possible to reach a compromise. The proceedings can drag on for up to six months.

If you change your mind and no longer want to end your marriage, you can withdraw your claim at any time. To do this, it is enough to go to court again, declaring your desire in writing.

Rules for filing an application for divorce

Additionally, you are required to comply with general office rules. There is a special application template:

• In the upper right corner of the sheet, fill out the header of the document, which includes information about the participants in the proceedings and the court;
• Below is the name of the paper;
• The main part is filled in, which sets out the essence of the appeal;
• A list of documents attached to the application is recorded;
• Signature and date are placed at the bottom.

The statement of claim must be prepared according to the number of participants in the proceedings. If we are talking about divorce, you will need to draw up a paper in at least 3 copies. 1 of them is handed over to the court - 1 copy will be sent to the defendant. The copy that remains with the applicant will be marked as having been accepted for consideration.

Example of a statement of claim

Collection of alimony during divorce

By law, both parents are required to care for the child until the age of 18. However, the issue of financial support is most acute after a divorce, and therefore certain difficulties arise. To avoid them, the best option for each parent is to draw up a child support agreement. In Russia, this document plays the same role as a court decision and is subject to mandatory execution. Therefore, the claim must indicate that the issue of financial support was resolved voluntarily.

The amount of alimony is prescribed in Article 81 of the RF IC and is:

• for one child ¼ of the parent’s income;
• for two children ⅓ income;
• for three or more children, half the income.

If the parent has an unstable income or it is expressed in kind, a monthly payment of a certain amount can be established. In many cases, this state of affairs does not suit one of the parents, and therefore the issue has to be resolved in court. The court decision is subject to mandatory execution, regardless of whether the parent agrees with it or not.

In addition to collecting child support, it is also possible to determine payments to a husband or wife. This can also be done in court if it is impossible to reach an agreement otherwise.

The grounds for collecting maintenance funds are:

• disability of 1, 2,3 groups;
• retirement no later than 5 years after divorce;
• pregnancy occurring during marriage or within 300 days after divorce;
• caring for a disabled child, if shared;
• child care for three years.

In this case, the amount of alimony must be fixed. Its size is also determined in court.

To solve the problem of collecting alimony when it is not possible to reach an agreement between each other, you need to draw up a separate statement of claim or include a corresponding demand in the claim regarding divorce. The application is sent to the district court, usually at the defendant’s place of residence. Only in exceptional cases can a case be heard in the district court at the plaintiff’s place of residence.

Sample statement of claim to court 2021 for divorce with children

You can download a standard sample (form) of a claim to court using the link below. In the downloaded document, you can enter your data and use it for further adjustments.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

This is an approximate sample prepared for a situation where spouses have no disagreements regarding children, their maintenance and residence. Each situation is individual and blindly copying samples from the network without legal knowledge can lead to the court refusing to accept the claim. Request a free online consultation with our lawyers on the website and receive all the comprehensive information on the sample statement of claim.