Divorce in the presence of minor children, when it is not possible to get a divorce, with whom will the child remain? What documents are needed for divorce? Preparing for the divorce procedure

DIVORCE PROCEDURE IN THE PRESENCE OF A CHILD

The procedure for divorce through court is required if during the time they lived together the spouses managed to have children and they have not yet reached the age of majority. The reason for going to court is also the refusal of one of the parties to participate in the processes provided for by law.

The absence of a husband or wife, as well as other obstacles, are also included in the list of legal grounds for going to court. Divorce procedure families where have a baby , differs somewhat depending on whether there is a dispute regarding children. If there are disputes regarding children, then one of the spouses has the right to file a petition to consider the case along with a divorce not in the magistrate’s court, but in the district court. In a standard situation, with presence of children

under 18 years of age, the court accepts the case for consideration only on the basis of a statement of claim from the wife or husband through the magistrate’s court.

The absence of a husband or wife, as well as other obstacles, are also included in the list of legal grounds for going to court. The judge is not directly involved in reconciliation, but begins consideration no earlier than two weeks after receiving the claim. The essence of this requirement comes down to providing a kind of respite, during which the social unit can still survive. with mutual consent, it passes quickly and painlessly due to the absence of disputes regarding children and division of property. In case of consensus, an agreement is drawn up, which states property division procedure, schedule and amount of child support and indicate the parent with whom he will live

child. The absence of disputes regarding children is the basis for the court to make a decision on divorce. Without agreement on the basis of the Family Code of the Russian Federation and some other federal laws. After the court makes a decision on divorce, the husband or wife has the right to appeal it within one month. The absence of an appeal gives the verdict legal force. Then, after the decision enters into legal force, you need to contact the registry office with an extract from the court decision so that you can be issued a certificate of divorce

Until the certificate is received, the parties lose the right to remarry and remarry. Fact decision taken After the divorce procedure has taken place, the court will not recognize it without the relevant document in hand. This wording is given in Article 25 Family Code. Therefore, obtaining a certificate is rightly considered a necessary step to enter into a new marriage.

1 . Divorce without presence.

2. Divorce procedure for children.

3. How to sue for divorce.

You must indicate your intention to divorce by submitting an application and collecting the necessary set of documents. The required documents for divorce through court if there is a child look like this:

An application that requires the name of the judicial authority, information about the plaintiff and defendant, the essence of the case, and on what grounds the marriage will be dissolved. If the process raises the issue of division of property, then it is necessary to determine the price of the claim. You should include contact information for the spouse who filed the claim and the other party. It is also important to prepare a package of documents and indicate full list in the application, specifying where the original is and where the certified copy is. It is advisable to find and download a current example for 2016.
You need to have certificates of marriage and birth of children; a document can also be submitted, according to which it will become clear with whom the children will live next.
You can file a corresponding claim for division of property.
It doesn’t matter whether the divorce occurs by mutual consent or unilaterally, the state fee must be paid, so you need to attach a check.
The law gives the right to act through trusted lawyers, but this is only possible after granting a power of attorney.

Procedure: where to start?

To begin with, it is worth trying to agree with the other party on the main issues, for example, how the separated family will continue to live, how joint upbringing will take place, when the father can come, and so on. The same goes for material assets, therefore, if both parties do not want to turn the divorce process into a long and unpleasant showdown, it makes sense to draw up appropriate agreements in advance in addition to the submitted documents.

From one spouse: is it real?

To file for divorce in a single order, it is necessary that the court recognizes the other party as incompetent, he is considered missing, or there is a case where the other party to the case is serving his sentence in a manner that involves imprisonment. Then the necessary documents are accepted at the registry office.

Documents for divorce if there are minor children, 2016

If the decision is made by the magistrate, then the documents for divorce through the court if there are children will have a significant impact, since, in addition to the opinions of parents and children, the financial security of the parties, whether the living conditions are suitable and other factors will be taken into account.

Without the consent of both parties: what to do?

A couple may have fundamental contradictions and not give consent on certain issues, for example, alimony and its amount. According to the law, one child is entitled to a quarter of the income, for two – a third, for three or more – half. You can make the alimony payment depend on your income, or it can be a fixed amount. When changing a child’s surname, nothing can be done without the consent of the other party or both parties. This can only be done until the age of 14; adult children will remain with their old surname. It does not matter whether the parties agree to divorce or not if the wife is pregnant or the child is less than one year old.

State duty

In order for a claim to be initiated, a fee must be paid, the amount and amount of which depends on how many claims are being made. To file a divorce you need to pay 600 rubles, for alimony - 150 rubles. In addition, there are other costs, for example, an assessment of the place of residence and living conditions there may be required, and a family lawyer will also be paid. The case may be considered in Ust-Kamenogorsk, and the defendant lives in conditional Tashkent, or in Kazakhstan. In this case, transport costs will increase.

What documents are needed for divorce if there are minor children?

In addition to the fact that there are basic documents for divorce in the presence of minor children 2016, the court has the right to require a number of additional certificates, for example, for the division of property, documents about the property and how much it is worth are added to the main package. An extract from the place of work is needed when the issue of the same alimony is being considered.

Where to submit?

The procedure can be carried out through three organs. You can act through the world court, district court and the registry office There is a rule according to which the consideration of the case takes place in the court where the defendant is registered, that is, if it is Kazan or Izhevsk, then everything must be done in these cities of Russia. Although an option is allowed in which the procedure will take place at the plaintiff’s place of registration, if he lives with a small child, or his health condition does not allow him to go to another city.

Previously, situations were considered when a set of documents can be provided without the husband - for termination it will be enough if the absence of the other party occurs for a good reason. Where are documents submitted if the parties do not come to an agreement? Then the district court will consider the case and make an opinion regarding alimony or with whom exactly the child will remain.

Will I have to go to the Magistrates' Court?

You can go through the procedure with a foreigner, the only condition is that the defendant must be in the country, since the statement of claim will be sent by mail to where the plaintiff indicates. For cities in other countries, for example, Odessa, Kharkov, Minsk, and, in principle, Ukraine and the Republic of Belarus have their own articles of legislation, and nothing can be issued via the Internet. The Kiev court or any other court will not decide anything online if the spouses have different citizenships.

To obtain the result, the same documents are required, the list is given above, including a document confirming the fact that there are minor children conceived in marriage, etc. The same procedure is used to replace a passport, or more precisely, if you need to return your maiden name to it. The cost of the duty also does not change. How to change a judge's decision? As before, through the district court.

Before answering, it is worth noting that divorce from a child is a very multifaceted process and may involve resolving a large number of issues. This and child or spousal support, And communication with a child, And his place of residence. In this article we will not dwell on these questions; you can find the answers to them in our other articles. Answering the question: “How to file a divorce if you have minor children?”, we will tell you:

Where to file for divorce if you have a child: in the registry office or in court?
Which court should I file for divorce with my child?
At whose place of residence should I file for divorce from my husband if I have children?
How to file for divorce if you have a child? (termination procedure)
How does the divorce procedure work if there is minor child in 2016?
Does mutual consent of the spouses matter in a divorce if there are children?

Now let's talk about everything in order.

Where to file for divorce if you have a child: in the registry office or in court?

When talking about where to file for divorce if you have children, family law makes it very clear that you need to go to court. However, there is an exception to this rule. Thus, you can file a divorce with a minor child through the registry office if the second spouse is recognized:

missing;
incompetent;
sentenced to a term exceeding 3 years.

In these cases, the divorce procedure in the presence of a minor child in 2016 provides only for the registration of divorce in the registry office, without trial. The rest will have to go to court, but this also has its own characteristics.

Which court should I file for divorce with my child?

When determining where to file for divorce if there are children: in a district court or a magistrate’s court, you should proceed from the presence or absence of a dispute about children. So, if the spouses have not agreed with whom the child will remain and how the parent living separately will communicate with him, they must contact the district court. In all other cases, the established procedure for divorce in the presence of minor children says that you need to contact a magistrate.

At whose place of residence should I file for divorce from my husband if I have children?

Speaking about whose place of residence to apply for, it is worth saying the following. As a rule, such claims are filed at the place of residence of the second spouse. However, this often causes difficulties. Therefore, the current procedure for divorce in the presence of minor children provides that claims for divorce can also be filed in court at the place of residence of the applicant if:

a child is registered with him;
Due to health reasons, traveling to the place of residence of the second spouse is difficult.

Each of these circumstances must be documented.

Divorce through court with children: termination procedure

Below we present to your attention step by step instructions How to file for divorce if you have a child. This instruction does not apply to exceptions in which divorce from a minor child is possible through the registry office.

Step 1: Gather the documents necessary for divorce if you have minor children. You can familiarize yourself with their detailed list.

Step 2: File a claim.

We have prepared sample claims for you, incl. in cases of divorce of spouses with minor children. Take them as a basis, a guide for your application. You can view them in the “Documents” section.

Step 3: Pay the state fee.

The procedure for divorce in the presence of minor children requires payment of a fee for filing a claim in court - 600 rubles. It is paid according to the details of the court to which you are filing the application. Please note that if there are disputes regarding children and property, the fee is paid in a different manner. larger size. You can read more about fees in our article - “How much does divorce cost in 2016.”

Step 4: Apply for divorce from your child to the court.

You can file for divorce from your husband if you have children: either in person, or through your representative, or by registered mail with notification.

All documents are submitted to the court office. There should be 3 sets in total: one for the court, the second for the spouse, the third for you. Originals, as well as copies of documents with “living” seals, are provided for the court. You simply provide photocopies to your spouse. You submit documents for the court and your spouse to the court. When submitting documents, present your copy of the statement of claim. On it you will be given a mark indicating that he has accepted the claim.

Step 5: Take part in court hearings.

As a rule, the first court hearing is scheduled 2-3 weeks after the filing of a claim for divorce by spouses with children. You and your spouse will be notified by the court by telegram by email or by telephone about the date and time of the hearings.

Step 6: Get a court decision.

Divorce from a wife if there are children ends with a court decision. If none of the spouses files a complaint against the decision, after 30 days it comes into force and you can proceed to the next step.

Step 7: Obtain a divorce certificate.

The divorce procedure in the presence of a minor child in 2016 provides for mandatory state registration of divorce in the registry office. Without this, former spouses will not be able to enter into a new union. So, to obtain a certificate, you must contact the registry office at your place of residence or the place where your marriage was registered and provide a court decision. You will also need to pay a fee - 650 rubles according to the details of the registry office.

Actually, this is the whole trick in how to file for divorce if you have minor children.

How does the divorce procedure work if there is a minor child in 2016?

Many people ask the question: “How does divorce happen if there are minor children? Are there any special features? Indeed, there is something worth paying attention to here.

Thus, the procedure for divorce in the presence of minor children involves clarification and resolution by the court of such issues as:

alimony (there may be payments for both the child and his mother);
place of residence of children;
the procedure for communication with the child of a parent living separately;
the possibility of preserving the family.

But this is how it should be, according to the law. In reality, the way divorce occurs when there are minor children looks a little different. But first things first.

First, alimony. If in the process of divorce through the court with children, you do not demand payments, the court does not assign them. Although, the procedure established by law for divorce in the presence of minor children says the opposite - the court must collect alimony, even if you do not ask for it. It is worth saying that the uncertainty this issue subsequently makes it almost impossible to receive alimony for the past period in the absence of voluntary payments.

Secondly, the place of residence of the children. According to the law, if this issue is resolved between the spouses during the divorce process in the presence of minor children, you need to contact the magistrate, if not, to the district court. If a dispute about residence arises during the course of the case, the magistrate may refer it to the district court. But more often, the magistrate simply dissolves the marriage, inducing the parties to resolve this issue in a separate case. All this also applies to the procedure for communicating with a minor when divorcing his wife, if there are children.

Finally, saving the family. The current procedure for divorce in the presence of minor children obliges the court to take measures to preserve the family. This means that if one of the spouses is against the divorce, the court will most likely postpone the consideration of the case for up to 3 months. A decision on divorce of spouses with minor children is made if such measures do not bring results.

Does mutual consent of the spouses matter in a divorce if there are children?

Many people ask the question: “Is it possible to apply to the registry office for a divorce by mutual consent if there are minor children?” The answer is no. Divorce from a minor child through the registry office is possible only in the exceptional cases described above at the beginning of the article.

However, this has a positive effect on the trial. Thus, a divorce in the presence of children and mutual consent presupposes the absence of disputes between the spouses, which means that the trial process will be faster and painless.

Pitfalls when divorcing your wife if you have children

Divorce if there is a minor child is a multifaceted legal process. In essence, if you are faced with such a situation, you should not limit yourself to solving just one problem - ending the marriage. The absence of specific agreements and decisions on related issues (custody of children, their place of residence, alimony, etc.) can lead to negative consequences, including the loss of normal child-parent relationships. Divorcing a husband if there are children always includes a whole set of problems:

- difficulties in drawing up documents (including claims);
- clarification of laws governing your specific situation;
- finding out what is needed for a divorce (documents, fees, details);
- determination of the jurisdiction of your case (the choice of court, depending on your circumstances, can be completely different);
- studying the divorce procedure (what to say in court and how to properly defend your rights);
- participation in court requires a large amount of free time during daytime, working hours; In addition, court hearings are often postponed.

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Last updated February 2019

Even mutual consent to divorce does not make this procedure formal. Divorce in the presence of minor children almost always occurs in court, since in addition to the opinions of the spouses, the interests of the children must be taken into account. The court decides with whom exactly the child will live in the future, and also determines child support obligations.

Divorce through the registry office

Divorce proceedings are possible in two options:

with an appeal to the registry office;
through the court.

It all depends on family circumstances.

Divorce from a husband, if there are children, is carried out in court. However, you can do without a trial, but strictly in the presence of one of the following circumstances:

the spouse is serving a sentence of more than 3 years;
the husband or wife is declared missing;
officially recognized incapacity of one of the spouses (this does not apply to spouses with limited legal capacity);
the child (children) is not common, that is, the second spouse has not established a family relationship with the minor (the child is not his own and is not adopted);
the child reaching adulthood at the time of divorce.

These circumstances are a sufficient reason for divorce in the registry office, both in the presence of children and in their absence. The listed circumstances exclude the possibility of living with an absent or incapacitated parent, and the child will not be able to receive child support from such a parent, therefore, the trial loses its meaning.

Divorce through court

Judicial divorce provides for a clear algorithm of actions:

preparation of documents for court;
filing a claim;
judicial review of the case;
registration of divorce in the registry office.

Preparing for the divorce procedure

Before going to court, you should understand the following issues:

whether there is consent of the husband/wife regarding the termination of the marriage;
who the children will live with;
how alimony will be paid;
property division.

In order for the divorce process to go smoother, it is better to resolve pressing issues with your spouse in a civilized manner, securing agreements in written agreements on:

children;
alimony (notarial form required);
division of property (subject to mandatory certification by a notary).

You should find and make copies of documents on marriage and children (certificate):

about marriage;
about the birth of a child;
about adoption (if such circumstances exist);

Copies of documents on the property of the spouses are also made if there is a dispute about things.

Filing a claim

Either spouse can file for divorce. First you need to decide which court to file your claim with. Depending on how the divorcing spouses assess the prospect of the child living with one of them, as well as the issue of his maintenance, the case will be considered:

Magistrate:

there is an agreement with whom the child will remain;
there are no disagreements regarding the common property or the total value of the divided property does not exceed 50,000 rubles;
There is a question about alimony.

In the district (city) court in all other cases, including:

in case of disagreement about the place of residence and the order of raising children;
there are claims regarding the division of property, the value of which exceeds 50,000 rubles.

An application for divorce if there are minor children is filed with the court where:

the defendant resides;
at the plaintiff’s place of residence, if health conditions or the presence of young children makes it difficult to come to court (at the defendant’s place of registration).

Documents for divorce in the presence of minors are submitted to the court

Statement of claim. Presented in two copies	This document must contain information: about marriage (when with whom and where registered); about children (full name, date of birth); about the agreement between the plaintiff and the defendant about the fate of the children; is there agreement between the spouses on voluntary divorce; if the defendant is against the claim, then what are the reasons for the divorce; is it possible to preserve the family and under what circumstances; other circumstances that matter. In the petition part of the application, the husband or wife indicates: dissolve the marriage; determine a place of residence with one of the parents. Simultaneously with the divorce, other claims of the plaintiff may be considered in one process: about alimony; on the division of property and debts; on invalidation of a marriage contract; There are such disputes that under no circumstances can be considered in the same case as a divorce: on the recognition of marriage as invalid; on deprivation/limitation of parental rights.
Marriage certificate	A copy is attached to the claim, and the originals are presented to the judge during the process
Children's birth certificates	-
Children Agreement	-
Documents (certificates, statements, payslips, statements, etc.) on wages and other income of the defendant	If a request for alimony is made
Alimony agreement	-
Property documents, appraisers' opinions	If a claim is made for division of property
Debt documents	-
Other documents as needed	-
Receipt for payment of state duty	600 rub. for divorce; 150 rub. to collect alimony; The estimated amount for division of property depending on the value of the property.

The court accepts the statement of claim and attachments without any cavils (if there are no gross violations of the law (Articles 131, 132 of the Civil Procedure Code)). Documents can be submitted in person to the office or by mail.

However, if the claim is filed by the husband, then his application will be returned (rejected without consideration) when:

wife is pregnant;
the family has a child under one year of age;
the child was stillborn or died, and less than a year has passed since birth.

There are no such restrictions for women; she can freely file a claim for divorce.

Trial

The divorce procedure (the judge's procedure) is different in cases where:

One of the spouses does not agree with the claim

Mutual divorce

At the first meeting, the judge finds out whether the defendant agrees with the claim.

If not, the court usually sets a deadline for the plaintiff and defendant to reconcile. This period cannot be more than 3 months. This greatly delays the divorce process. Therefore, the only way to reduce it is for both spouses to apply for a reduction in the reconciliation period. There are no other options.
Afterwards, a hearing on the merits is scheduled and if at least one of the spouses speaks out for dissolution (it does not matter the defendant or the plaintiff), and the court also considers that the further life of the spouses is impossible, then the marriage is terminated.

First, the court makes sure that both spouses intend to divorce, and is also interested in whether there are agreements on children and alimony (either oral (declared by the plaintiff and the defendant in court) or written (presented in the form of documents)).
At the second and subsequent hearings, the judge checks the legality of the agreements from the point of view of the interests of the child. If the agreements were not declared (not presented), then the court must independently resolve the following issues:
- who will the child stay with?
- who will pay child support and in what amount;
- Other requests of the plaintiff (division of property, alimony for a spouse, etc.) are also considered if they were mentioned in the claim.
- When making a decision on divorce, the court is not interested in the motives for ending the marriage relationship and this does not affect the result.
The deadline for adoption of a judicial act cannot be earlier than one month from the date of receipt of the claim.

The number of court hearings depends on the complexity of the case and the behavior of the participants in the process.

The main difficulties in court are related demands (division of property, alimony, dispute over children). Sometimes issues of alimony and distribution of property are separated from the general case and considered separately. This may be due to:

affecting the interests of third parties;

For example, during the division of property as part of the divorce process, it turned out that the house and land that should have been divided between the spouses were donated to the husband's brother under a fictitious transaction. Therefore, before dividing property, it is necessary to challenge the gift agreement, thereby encroaching on the economic interests of a third party. The judge has the right to separate the division case.

the need to carry out activities that do not affect the overall outcome of the case (but only an individual requirement), but will lead to delays in making a decision on all other issues.

For example, in order to correctly determine fair compensation for an unequal division of property, a judicial assessment of part of the property is required, which, due to its remoteness and its large quantity, will take a long time.

Divorce decision

Resolving the issue on the merits of a divorce is not particularly difficult for a judge. As a result of the consideration of the case, three options are possible:

satisfaction of the claim – divorce. If both spouses agree to the divorce or the plaintiff firmly insists on his application, then the husband and wife will be divorced.
denial of the claim. This happens provided that one of the spouses is against it and the judge sees that the family can be preserved and the future life of the husband and wife is possible. The proof of this will be:
Cohabitation;
general housekeeping;
availability of a single budget;
motives for filing a claim - to teach a lesson, to scare the other spouse, etc.;
temporary influence on the spouse of other persons who are against the marriage.

Eg, the wife has a conflict with her husband’s mother. And the plaintiff’s mother, exerting pressure, practically forced him to file a claim.

termination of proceedings. The judge makes such a decision when the parties have reached reconciliation during the consideration of the case. To do this, the plaintiff sends an application to the court to abandon the claim.

Who will the child stay with after divorce?

Traditionally, the court leaves minor children after a divorce to live with their mother, and the father pays alimony. However, to make a decision it is necessary to take into account various circumstances:

the opinion of the parents (not all fathers are eager to leave the child);
if the child is already 10 years old or more, his opinion is taken into account;
relationships between children and parents;
the financial status of each of the divorcing spouses;
the ability of each parent to exercise educational process(operating mode, etc.).

There is no single rule about who the children stay with during a divorce, in every specific case the situation is considered individually. The court decision, as well as the agreement between the divorcing spouses, may stipulate the procedure for meetings with the child of the second parent, as well as grandparents and other relatives.

Division of property during divorce if there are children

By general rule In the event of a divorce, property acquired jointly in a marital relationship is divided between the spouses. The division of property is always the longest stage in a divorce. Traditionally, acquired property is divided in half, but there are often situations when everything goes to one spouse, if the second does not object.

Please note: not only property is divided, but also debt obligations, that is, all loans and other debts will be paid by both spouses after the divorce.

Filing for divorce and division of property when there are children is complicated by the fact that children’s property is not divided. Of course, the property of children must be documented. The court also takes into account the need for common family property for normal life child. For example, a car specially equipped for a disabled child will go to the person with whom the child stays.

An agreement on the division of family property can be voluntary - in this case, it must be drawn up and certified by a notary before the trial, and then attached to the divorce application.

Registration of divorce

The divorce decision comes into force within 1 month after it is made. During this period, one of the spouses can protest it. If this happens, the decision comes into force from the moment it is approved in the second (appeal) instance.

From the moment the decision comes into force, the marriage is considered dissolved.

The court sends the extract to the registry office within 3 days. But this does not mean that the matter is over. To obtain a divorce certificate, you need to contact the registry office for state registration of the divorce. Wherein ex-husband/ wife can apply separately. The following are submitted to the registry office:

Application form No. 10 (although the law allows you to simply verbally declare your intention);
A receipt for the state duty in the amount of 650 rubles.
Extract from the court decision;
Applicant's passport. It marks the divorce.

After going through this procedure, you can say for sure that the divorce is completed.

Application for divorce if there are children

If you do not know how to write an application for divorce with children, samples valid in 2019 are presented below.

Sample No. 1 No agreement reached on child and alimony

Justice of the peace
judicial district No. 1 in Moscow
Plaintiff: Anna Sergeevna Solovyova
address: Moscow, st. Mira, 1, apt. 1
phone: +79151111111
Defendant: Soloviev Ivan Petrovich
address: Moscow, st. Mira, 1, apt. 1
phone: +79152222222

STATEMENT OF CLAIM
about divorce

I got married to Ivan Petrovich Solovyov on 02/14/2008. We lived together until February 14, 2018, from that day we live separately and do not maintain a common household. Reconciliation with the defendant is impossible.

From marriage we have joint child Solovyov Sergey Ivanovich, born on May 05, 2010, who lives with me.

The defendant does not object to the divorce. We have reached an agreement on the division of jointly acquired property. No agreement was reached between me and the defendant on the issue of the child’s place of residence and maintenance.

In accordance with Article 21 of the Family Code, I ask:

To dissolve the marriage between Solovyov Ivan Petrovich and Solovyova Anna Sergeevna, registered on 02/14/2008 in the Civil Registry Office of the Northern District of Moscow, act record No. 13.
Determine the place of residence of the minor Sergei Ivanovich Solovyov with the plaintiff Anna Sergeevna Solovyova.
To collect from the defendant Solovyov Ivan Petrovich alimony for the maintenance of the minor son of Solovyov Sergei Ivanovich in the amount of ¼ of the defendant’s total income.

List of attached documents:

Copy of the statement of claim
Document confirming payment of state duty
Marriage certificate
Copy of the child's birth certificate

Date ______________ Signature __________________

Sample No. 2 Agreement on child and alimony reached

Samara

Plaintiff: Full name Date of Birth

tel.____________

Place of residence: ____________
tel.____________

STATEMENT OF CLAIM
about divorce

On October 10, 2010, I married my full name, which was registered by the Civil Registry Office No. 2 of the Samara city administration. After marriage, the wife left her last name as a money changer. They lived together until October 10, 2018. After this date, I left the defendant's place of residence and currently live separately (at a different address) from the defendant.

From the indicated time, I am with my full name. I don’t have a single budget, I don’t run a common household, and I don’t care for or help her as a member of my family.

Further life together, I consider the preservation of the family and the continuation (restoration) of marital relations impossible due to the discord family relations, incompatibility of life positions, views and values, critical disagreements in matters of social, economic and other spheres of life, as well as the presence of personal hostility in relations with the defendant and lack of mutual respect. Constant quarrels and conflicts arise between me and the defendant that cannot be settled or compromised. We lack methods of reconciliation and compatibility of interests. This kind of life causes me mental discomfort and harms my mental health.

We have a joint child from this marriage, full name, born June 10, 2011. The child's age at the time of filing the claim is 6 years. The child lives with his mother, full name. at her place of residence:______________________________________________________________

There is no dispute about the child. The agreement that the child will continue to live with his mother was reached between us orally; there is no dispute about the upbringing and payment of funds for the maintenance of the child.

The defendant is not a needy disabled spouse, in accordance with Art. 90 of the Family Code of the Russian Federation. There are no counterclaims from the defendant and no disputes about the procedure and amount of receiving maintenance from the other spouse.

Also, there is no dispute or other claims between me and the defendant regarding the division of property, which is joint property spouses.

The factual circumstances of the case do not provide for restrictions on the plaintiff’s demands for divorce under Art. 17 of the Family Code of the Russian Federation, namely, in view of the absence of pregnancy of the defendant and the presence of a child under the age of one year, obtaining the wife’s consent to initiate proceedings for divorce is not required.

Claims for divorce in the absence of a dispute about children in accordance with clause 2, part 1, art. 23 of the Code of Civil Procedure of the Russian Federation are subject to consideration at first instance by a magistrate.

According to Article 21 of the Family Code of the Russian Federation, divorce is carried out in court if the spouses have common minor children.

Based on the above and in accordance with Article 21 of the RF IC, Articles 23, 28, 131-132 of the Code of Civil Procedure of the Russian Federation.

Ask:

Marriage between full name and full name registered on 10.10.2010 in the Civil Registry Office No. 2 of the Samara city administration, registration No. 232, terminated.

List of documents attached to the application:

A copy of the statement of claim;
A document confirming payment of the state duty;
Copy of marriage certificate I-PC No. 611111
A copy of the child's birth certificate.

Date 03/20/2019 Signature __________(___________________)

Sample No. 3 Statement of waiver of claim

To the magistrate of judicial district No. ____
Samara
Samara region, Samara, st. Puteyskaya, 29
Plaintiff: Full name Date of Birth
Place of residence: ____________
tel.____________
Defendant: Full name Date of Birth
Place of residence: ____________
tel.____________
case No. 13-1111/2019

Statements
about the refusal of the claim

On March 28, 2019, the magistrate of court district No. ____ of Samara received my statement of claim dated March 20, 2019 against my full name. about divorce.

On March 31, 2019, by a court ruling, the case was scheduled for trial in court hearing. The meeting is scheduled for April 30, 2019 at 10:00 am.

After filing a statement of claim and the court accepting the case, my life circumstances changed. In this regard, the grounds set out in the claim against the defendant F.I.O. disappeared. Namely, a respectful and warm relationship has been established between me and the defendant, conducive to the preservation of family and marriage. Such changes are permanent and affect the rights and legitimate interests of the person participating in the case in such a way that I (the plaintiff) have no further intention to insist on previously stated claims in this civil case.

By virtue of the principle of discretion in civil proceedings, I am a plaintiff, fully aware of the legal consequences of terminating the proceedings under Art. 221 of the Code of Civil Procedure of the Russian Federation, I voluntarily renounce the claims stated in my statement of claim for divorce from my full name, and insist on terminating the proceedings in case No. 13-11111/2019.

Considering the above, guided by Art. Art. 35, 39, 173, 220, 221 Code of Civil Procedure of the Russian Federation.

Accept the refusal of the plaintiff Full name from the claim to full name about divorce.
Terminate the proceedings in civil case No. 13-111111/2019, initiated according to my claim against full name. about divorce.

Date 04/10/2019 Signature ________ (______________)

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As you know, if there are minor children, the divorce process must be carried out. Initiation of such a process is carried out by submitting to the judicial authority the appropriate statement of claim. In addition, the legislation requires the provision and a number of other documents- receipts for payment of state fees, passports, marriage certificates, birth certificates, documents common property etc.

Only if all such necessary documents are available, the court can make a decision on divorce. And this, in turn, can be the basis for state registration of a divorce, after which each spouse receives a certificate of divorce.

Statement of claim for divorce if there are minor children

Family law provides for two ways of officially dissolving a marriage - administrative and. As a general rule, the administrative procedure is implemented in the registry office, if there is mutual consent to divorce on the part of both spouses and they do not have common minor children (clause 1 of article 19 of the Family Code). If there are common children, and the legal status of the spouse is not included in those specified in paragraph 2 of Art. 19 SK circumstances, then the divorce is carried out exclusively through the court.

To initiate divorce proceedings in court, the interested spouse must file a lawsuit at the place of residence of the second spouse, and if the plaintiff is with common child, then at his place of residence (clause 4 of article 29 of the Civil Procedure Code), statement of claim.

The need to confirm payment of the state fee when filing a claim for divorce is due to the fact that if this rule is ignored, according to Art. 136 Code of Civil Procedure, the court may leave such a statement of claim motionless.

At the same time, the plaintiff is given the opportunity to correct the specified deficiency - otherwise the claim is considered not filed and is returned to the plaintiff with all submitted materials. Let's note others important aspects payment of state duty:

The state fee for filing a claim for divorce is fixed size. According to paragraphs. 2 p. 1 art. 333.26 Tax Code, it amounts to 650 rubles and is charged from each spouse.
Based on the fact that the receipt for payment of the state duty is submitted along with the statement of claim, the payment itself must be made before submitting such an application to any of the commercial or state banking organizations or branches of the Russian Post.
Receipt for payment of state duty must meet the requirements, established by the provisions of Order of the Ministry of Finance No. 107n, dated November 12, 2013, in particular, identify the payment itself and its payer, as well as contain other information - SNILS and TIN of the payer, passport details, details and name of the payee, amount and date of payment, its purpose etc.

Citizen D decided to divorce her husband M, however, due to the fact that they have a common Small child, divorce procedure, according to Art. 21 IC, must be carried out in court. Having collected all the necessary documents, she submitted them to the district court at her place of residence. The court office accepted the documents, but drew D's attention to the fact that among them there was no receipt for payment of the state duty, which is mandatory, to which D replied that she was poor and did not have the money to pay it.

After some time, D received a court ruling by mail, which, according to Art. 136 of the Code of Civil Procedure, due to the absence of the above receipt, left her statements without progress. In addition, the ruling established a two-week period for D to pay the specified state fee, and in case of non-payment, it established the possibility of the court to return D’s application as one that had not been filed.

Fearing these consequences, D paid the state fee on the same day and submitted it to the court office.