Application form for divorce to the Magistrates' Court (2021): download sample

The question of whether to put a divorce stamp or a divorce stamp in a passport is optional is resolved differently depending on the circumstances in which the citizen is located and on his plans for the future.

The divorce process of the spouses itself is in no way associated with the presence of the corresponding seal in the documents of both parties. The essence of the divorce procedure completed in the registry office does not change in any way from the stamp in the passport. However, there are life situations in which the absence of a note on his matrimonial status in a document indicating the identity of a citizen is fraught with a limitation, or even infringement, of his civil rights. Such cases oblige the divorced person to immediately resort to putting a mark on the divorce in the document. This happens when:

A new marriage is being concluded. The absence of an appropriate stamp in the passport of a divorced citizen does not give him the opportunity to register official marital relations with his new spouse.
Real estate is also alienated to the interests of other persons. Any re-registration of jointly acquired property requires mandatory agreement with the second marriage partner. If there is no mark on the dissolution of the marriage in the passport, Rosreestr will definitely request permission from the ex-spouse.
There is an intention to apply for a loan. Again, if there is no stamp on the identity card indicating the termination of the marital relationship, the banking institution will certainly request the consent of the second spouse to issue a loan.
The citizen’s passport already has a marriage stamp. Its presence implies another mark in the event of dissolution of this marital union.
The divorce certificate has been lost. In such a case, the stamp on the dissolution of the marital union in the identity document significantly speeds up the procedure for obtaining a duplicate certificate of termination of the marital relationship.

Thus, in the absence of the above intentions on the part of the citizen, a divorce stamp in the passport is mandatory only if it contains a marriage stamp.

How to properly file an application for divorce in court?

The Family Code does not contain rules for preparing a claim for divorce. This process is fully regulated by the Civil Procedure Code of the Russian Federation.

In particular, in Art. 131 of the Code of Civil Procedure of the Russian Federation specifies general requirements for the form and content of statements of claim. It is mandatory to be guided by them when preparing a claim, otherwise the court will not accept the claim for consideration, but will return it to the spouses to eliminate the shortcomings.

Contents of the statement of claim for divorce: what should be written in the document

A claim for divorce must be submitted in writing - either manually or in printed format. Traditionally, the statement of claim contains mandatory information about the details; in addition, the reasons and circumstances of the separation may be indicated, which are written down in free form. There are several mandatory data that are indicated in the statement of claim for divorce according to the following example:

The name of the judicial authority to which the document is submitted. This may be a magistrates' or district court;
Information about the applicant and respondent. Full contact information, full name, addresses, as well as additional information are provided - for example, email;
Information about marriage, as well as details of its dissolution. Thus, information is indicated on how long the official relationship lasted, whether there are requirements regarding the division of property acquired jointly, the place of residence of children;
List of applications that are submitted together with the statement of claim for divorce;
Date of application, signature of the applicant.

If you want to avoid difficulties, use the sample divorce petition. Additionally, you can use the help of qualified specialists from the MIP company - our employees will competently draw up a statement of claim based on the circumstances, and will also make sure that it is immediately accepted for production.

Filing for divorce through court

Expert opinion

When the decision is made, the only choice is to either accept it or fight. The divorce process itself is not that complicated if both spouses have made the decision voluntarily. The court will help you get a divorce in a number of situations:

The couple has children whose age does not exceed eighteen;
One of the spouses is categorically against the divorce or its terms;
The decision to divorce was made by the guardian of the incapacitated spouse.

The very first step of a judicial divorce is drawing up an application, and then submitting documents. The first necessity in its preparation is to determine the connection to the territory. Initially, you need to apply to the district court, but many cases allow the defendant to submit an application to the magistrate at the place of residence.

The document requires the consent of the spouses regarding the future fate of the children. If the spouses were unable to reach agreement on this issue, this must be indicated in the text of the application. The court gives additional time for both spouses to weigh all arguments.

The period for which the hearing is postponed can be extended until the end is reached; it is not limited by law in any way.

Property relations are also regulated in the process of judicial divorce. The list of joint wealth and requirements for its division must also be indicated in the statement of claim and in court for divorce.

Divorce won't cost that much. According to Article 333.25 of the Tax Code of the Russian Federation, the state fee for a judicial divorce is 650 rubles per person (1,300 rubles in total).

Next, we will talk about how to write an application for divorce to the court.

Peaceful divorce

After the statement of claim is submitted and until the judge leaves for the deliberation room, the spouses have the right to resolve the dispute by mutual agreement. To do this, they need to enter into a settlement agreement in which the following issues can be resolved:

Conditions under which alimony money will be transferred for a child or to provide for the needs of a disabled ex-spouse.
Amount of alimony payments.
Place of residence of children.
Which parent will be responsible for raising a young child?
Conditions for the division of jointly acquired material assets.

A sample settlement agreement can be downloaded from here.

Before submitting the agreement to the judge, the defendant and plaintiff file a joint motion demanding its approval. The court evaluates the text of the agreement according to 2 criteria:

Do the provisions of the document comply with legislative acts?
Are there any violations of the interests of third parties?

If the court accepts the agreement and does not return it for revision, it issues a ruling on this. With the help of this document, the judge approves the agreement and ends the marriage relationship. A party to the divorce process who is dissatisfied with the decision has the right to appeal the decision. She is given fifteen days to do this.

After the deadline for appeal has expired, the determination is given legal force.

How to compose it correctly?

It is necessary to indicate in the application as much information as possible that legally connected the former spouses, their personal data, court data and anything else affecting family litigation. At the same time, carefully check all columns for accuracy and territorial reference, otherwise the process will drag on for an undesirable and indefinite period.

If all the conditions are met, you have correctly determined the type of court and its address, agreed on the conditions or decided that it is impossible to do this now, then all that remains is to write an application and submit it to the highest court.

Official papers required to complete this step:

Marriage certificate, copy document;
A receipt confirming payment of the state fee by both (or one) spouses;
Copied statement for the second party;
Inventory of joint property;
Document registering the birth of children, copies;
Information about income;
Various requests for deferment of monetary payments and other circumstances.

Keep copies and, if possible, originals with you; they can come in handy at any time. Study the history of processes similar to yours, this will reduce anxiety and allow you not to make mistakes.

Sample document

Any application contains the following points:

Name of the court or full name of the magistrate;
Name, surname and patronymic of the applicant, information about his place of residence;
Full name of the second party (defendant);
Date of registration of marriage and end of the couple's cohabitation;
If the defendant agrees, then a proposal confirming this;
How many children does the couple have who are under eighteen, where do they live and under whose care do they remain after the divorce?
The reason for the divorce and the request for it;
Child support instructions;
Issues of division of property;
Number and signature.

Application form

Statement of claim for divorce in court

Example of a completed document

You can also familiarize yourself with an example of an already completed application for divorce in court.

Completed sample application for divorce to court

In what cases do you go to the magistrate's court during a divorce?

A modern marriage can be dissolved in several ways depending on the circumstances

There are several options for how exactly the divorce procedure should proceed. In order for a case to be heard in a magistrate's court, there must be appropriate grounds.

The judicial review procedure occurs under the following conditions:

The couple had a child who was not yet of age at the time of the divorce. The judicial procedure gives reason to believe that the case will be resolved not only taking into account the interests of the spouses, but also the child.
During marriage, spouses have common property interests. During a divorce, financial claims are possible. The magistrate will consider the case only if one of the conditions is met: there are no material claims or their amount is up to 50 thousand rubles.
When considering a divorce, it is important to take into account the opinions of both spouses. If at least one does not express his consent, then this provides the right to appeal to the magistrate. Typically, this situation arises if one of the spouses asks for time for possible reconciliation or avoids participating in the consideration.

If one or more of the listed grounds exists, the divorce case is considered by a magistrate.

Procedure, rules and procedure for divorce in the magistrate's court

Divorce through the court occurs in the following order:

A claim is filed along with the appropriate package of documents.
After reviewing the documents, the magistrate decides whether he will accept the case or not.
A date for the hearing is set and the parties are notified of it. The trial must begin no later than within a month after the plaintiff’s application.
Review usually takes from 1 to 4 months. This may require more than one meeting.
At the final meeting, the final decision is made. After this, the parties are given a month to file an appeal. When it expires, the decision comes into force.

The parties, with a court decision, apply to the registry office to terminate the marriage. Former spouses receive a note in their passport indicating that their marriage has been dissolved.

What documents are submitted for divorce?

The main document for going to court is an application

The main document for going to court is the statement of claim.

When submitting it, you must prepare the following:

Marriage certificate;
if those divorcing have children in common, then documents confirming their birth will be required;
if, when filing a claim, the need to consider the payment of alimony is indicated, then the spouse is required to provide documents confirming the amount of his income;
if the parties previously signed a marriage agreement, it must be submitted as part of this package;
when considering property claims, an inventory of property and appraisal documents will be required to determine the value of the items;
A document confirming payment of the state duty must be attached.

To confirm the spouse’s income, you may need: income certificates, a notarial agreement on the payment of alimony payments.

How and when to file an application for divorce

Expert opinion

You must contact the territorial magistrate court that is located where the defendant lives. However, in some cases it is permissible to do this at the plaintiff’s place of residence.

The following reasons are provided for this:

In the case where the plaintiff has minor children living with him.
When the initiator of the appeal to the magistrate has poor health, which makes it impossible to consider the defendant at the location.
Sometimes the defendant agrees to try cases in the court that is located where the plaintiff lives.

When applying, it is important to correctly determine where to submit documents. This can be conveniently done by visiting the magistrate’s court website and finding which branch corresponds to the desired residential address.

The time for submitting a set of documents is determined at the request of the plaintiff in accordance with the work schedule of the judicial institution.

Contents of the statement of claim for divorce

The application is written according to the form with a free description of family life

The document in question may be written in your own hand or printed. Although there are requirements for filling out the claim, it is nevertheless permitted to supplement the contents of the document with a free-form description of the circumstances of family life.

The document must indicate the following:

Where the appeal is made - full name of the judge, name of the territorial magistrate court.
Personal information about the parties, including contact details.
The name of the document is indicated.
The text talks about the state of marital relations and the reasons for divorce.
Please terminate the relationship.
List of additional documents.
At the end of the text, the plaintiff puts a date and signs.

These data must be present in the document, but they can be supplemented at the discretion of the applicant.

Samples of a claim for divorce with examples of filling

For termination without children

In the application, the plaintiff must provide the following information:

At the top is the name and location of the judicial authority, as well as personal information about the participants in the trial.
The descriptive and motivational part contains information such as: Reasons for separation.
The date on which the cohabitation ended.
Date of marriage.
A description of the reasons why the other spouse does not want to separate voluntarily. This is a key point that must be present in the claim document.
The fact of the absence of a common child.
Evidence of the applicant's position, i.e. why, in his opinion, divorce is necessary.
Regulatory acts with the help of which the plaintiff substantiates his claims.

The operative part contains a list of demands presented by the applicant, the signature of the plaintiff with a transcript, a list of attached documents and the date of writing the claim document.

Statements of claim for divorce, a sample of which you can download here and here, will help you write an error-free statement in preparation for trial.

To resolve unforeseen difficulties that arise when trying to fill out a document yourself, contact a qualified lawyer for legal support.

Divorce with children

The paper submitted to the court as a statement of claim contains the following information:

At the top is the name and location of the judicial authority, as well as personal information about the participants in the trial.
The descriptive and motivational part contains information such as: Reasons for separation.
The date on which the cohabitation ended.
Date of marriage.
Data about young children noted in their birth documents.
The terms of the agreement concluded between spouses on child support payments.
A certificate provided by the parent living with the children about their place of stay.
Evidence of the applicant's position, i.e. why, in his opinion, divorce is necessary.
Regulatory acts with the help of which the plaintiff substantiates his claims.

The operative part contains a list of demands presented by the applicant, the signature of the plaintiff with a transcript, a list of attached documents and the date of writing the claim document.

An approximate sample of statements of claim to the court for divorce with children, which can be printed using Microsoft Word software, can be downloaded from this link from the Internet.

For divorce and alimony collection

In order to quickly dissolve the marriage relationship and achieve satisfaction of your own claims, it is necessary to take measures to prevent the return of the claim document. To do this, you need to carefully fill out the claim form for divorce and indicate the following information:

At the top is the name and location of the judicial authority, as well as personal information about the participants in the trial.
The descriptive and motivational part contains information such as: Reasons for separation.
The date on which the cohabitation ended.
Date of marriage.
Information about young children indicated in their birth documents.
Are there any disagreements between the participants in the marital union regarding property?
Is there a dispute about where young children should live and who should raise them?
The amount and frequency of alimony payments that the other spouse must transfer to provide for the needs of the child. This information is indicated if the participants in the family union were unable to agree on the amount of alimony on their own and consolidate the agreement in the agreement on the payment of alimony payments.
Evidence of the applicant's position. This may be a certificate establishing the amount of earnings of the parties to the trial, a document allowing the applicant to demand alimony maintenance for himself (certificate of disability, certificate of pregnancy).
Regulatory acts with the help of which the plaintiff substantiates his claims.

The operative part contains a list of demands presented by the applicant, the signature of the plaintiff with a transcript, a list of attached documents and the date the paper was written.

A sample claim document, based on which you can make your own copy, is here.

Sample letter of claim for divorce

It is filled out in accordance with the sample. It includes:

It is necessary to write at the beginning of the document to which judge the appeal is being made and to which magistrate court.
The personal details of the spouses must be indicated. These include: full name, permanent and temporary addresses of their registration, contact information.
Information is given about the time of marriage, the period of cohabitation and the time when it was terminated.
If those divorcing have children born during the existence of the marriage relationship, then it is necessary to provide information about them, provided that at the time of dissolution they have not reached the age of majority. It is necessary to mention whether there are disputes related to their place of residence.
It is necessary to mention how the second spouse feels about divorce - whether he agrees or has objections to this issue.
It is necessary to indicate what circumstances influenced the need to officially divorce.
In the statement of claim, you must clearly formulate your demand against the defendant.
If there is a property dispute, then in this document you need to indicate your material requirements for the other party.
If necessary, you can include demands for alimony payments in the document.
The final part of the claim contains a list of papers that must be submitted additionally.
After the document is completed, the plaintiff puts the date, signature and its transcript.

A situation may arise when, when applying to the court, petitions are filed to defer the payment of the fee or to consider the case in the absence of the applicant.

Features of drawing up documentation for divorce with children

The question often arises about how to draw up a statement of claim for divorce if there are children. In this case, it is recommended to follow the general rules. Additionally, consider the following points:

It is necessary to indicate only the common children of the couple - that is, those children for whom both the plaintiff and the defendant are recorded in the certificate;
Information is indicated only about those children who have not reached the age of majority;
Information about children is provided - their date of birth, full name. Data is indicated for each child.

Additionally, it is recommended to study an example of a statement of claim for divorce. When drawing up your own claim, you can use the guidance from the example, or, as mentioned above, use the help of qualified specialists. Additionally, it is recommended to get advice if the spouses cannot come to an agreement regarding the place of residence of the children.

Application for divorce to the magistrates' court: writing according to the sample

There comes a time in many families' lives when it's time to separate. In this case, the question of the divorce procedure is closely raised. It can be formalized in different ways, each of which family law has its own application.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!

Methods of divorce

The first, easiest option to end a family relationship is to contact the registry office with a joint application of family members for divorce . It can be used by spouses who do not raise common minor children, and both of them are not against dissolving the marriage.

However, in exceptional situations, by applying to the registry office, one of the spouses can free himself from family ties unilaterally .

This is possible when the second spouse is declared incompetent or missing through the court. In addition, the initiative of one of the parties to end the marriage is facilitated by the sentencing of the second family member to imprisonment for a term of over 3 years.

It remains to add that when applying to the registry office, all necessary legal procedures take on average one month.

But another option often occurs when spouses are forced to dissolve their marriage in the courtroom. The reason for this is the lack of consent of the husband (wife) for divorce, as well as the presence of small children.

You have to go to court even when the second spouse verbally agrees to end the marriage, but in practice avoids visits to the registry office in every possible way.

Grounds for filing a claim

Dissolution of marital ties must occur through legal proceedings if:

One of the members of the couple verbally agrees to dissolve the family union, but, at the same time, avoids a joint visit to the registry office, which is necessary to complete the paperwork and register the divorce.
The wife or husband declares their categorical disagreement with ending the marriage relationship. The refusal of one of the spouses to divorce can be overcome by the other spouse unilaterally if: The second member of the family union is considered missing and there has been no news about him for more than one year.
The second member of the family union was sentenced to prison for a term exceeding three years.
The judicial authority decided that the second participant in the family union should be deprived of legal capacity.

The married couple has a common minor child.

Through what court can you get a divorce?

Both district courts and magistrates can now hear divorce cases . In the latter case, several conditions are necessary:

there is no dispute between parents about children;

Geographically, a statement of claim is usually filed at the place of residence of the defendant (the same applies to appeals to a magistrate). However, if the mother has a small child in her arms or she, due to illness, cannot be in another court, the claim can also be addressed to her residence address.

In relation to a justice of the peace, the website sudrf.ru will help you navigate the choice.

The differences in the consideration of a case in a regular court or before a magistrate lie in the timing of the process . In a district court, a case can be resolved within two months, and in a magistrate - one.

But there is a serious exception to this rule. When the second spouse is categorically against divorce, the court may (but is not obligated) to give people time for reconciliation, which can take up to 3 months. If even after this it is not possible to save the marriage, then a decision on divorce follows.