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How to write a petition for divorce. Petition to the Justice of the Peace for Divorce

The form of the document "Claim for divorce" refers to the heading "Claim". Save a link to the document in in social networks or download it to your computer.

To the justice of the peace of the court district No. __
cities ___________________

Plaintiff: ______________________

Respondent: _______________________

Statement of claim
on divorce

Years I entered into marriage with the defendant _____________________.
The marriage was registered by the Civil Registry Office of the City Administration of _____________________, which was recorded in the marriage registration book under No. _____.
From this marriage, we have a minor daughter _________________ year of birth.
In fact, the marital relationship between me and the defendant ceased three years ago, we have not lived together since that time.
The reason for the breakup of the family was the incompatibility of characters, the lack of mutual understanding. I consider it impossible to continue living together and preserving the family. Reconciliation between me and the defendant is impossible.
There is no dispute about the division of property that is our joint property.
In accordance with paragraph 1 of article 21 family code Russian Federation divorce takes place in judicial order if the spouses have common minor children, except for the cases provided for in paragraph 2 of Article 19 of this Code, or in the absence of the consent of one of the spouses to divorce.

Based on the foregoing and in accordance with Article 21 of the Family Code of the Russian Federation,

1. The marriage between me and the defendant ________________, registered on ____________________ by the registry office of the Administration of the city _______________________, act record No. _____- terminate.

application:

1. Copies of the statement of claim according to the number of parties;
2. Certificate of marriage;
3. Copy of birth certificate;
4. Bank receipt for payment of state duty.

G. __________

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They regulate the procedure for conducting divorce proceedings, the methods of filing applications and the court in which spouses file for divorce. The easiest and most cost-effective way to get a divorce is through the registry office, but it is only suitable for a small percentage of couples who have neither common children nor joint property. Most families go through divorce proceedings in court.

Grounds for termination of family relations

It is necessary to file an application for divorce through the court in accordance with Art. 16 of the RF IC, according to which the termination of family relations is possible under the following conditions:

One of the spouses is dead;
Incapacitated or has a mental illness;
Both spouses want a divorce;
One of the spouses leads an inappropriate lifestyle (will use physical and mental violence; depends on prohibited substances; cheats);
The plaintiff has confirmation of the disappearance of the second spouse.

What are the conditions for divorce?

Here are the circumstances under which the law obliges to file for divorce through the courts, bypassing the registry office:

The spouses have common children who have not reached the age of majority (Article 23 of the UK). In this case, you will certainly have to apply for a divorce through the court according to the model of 2017. After the first consideration of the case, the judge will oblige the spouses to wait 1 month and try to reconcile, only then the marriage is dissolved.
After jointly filing an application for divorce at the registry office, one of the spouses did not appear for the procedure without good reason(Art. 21 RF IC).
One of the spouses refuses to dissolve the marriage peacefully (Article 22 of the RF IC). The categorical disagreement of one of the participants in family relations obliges both spouses to divorce in court, proving the need to terminate the family union.

Divorce in court takes place at least twice, the spouses are always given time for reconciliation. In case of serious disagreement between the parties, it is possible to appoint additional consideration of the case.

Which judicial body should I contact?

Filing a claim for divorce through a court with children, or under other circumstances, according to the Civil Law Code, can be filed with the Magistrate's Court (Article 23 of the Code of Civil Procedure).

If the spouses did not find a compromise at the court session, the case is transferred to the district court - an instance at a higher level (Article 24 of the Code of Civil Procedure).

Even knowing how to apply for a divorce through the courts, you should prepare for the length of this procedure.

First of all, you need to find detailed information about the rules for filing a claim. Perhaps it is enough to contact the nearest registry office for both spouses.

If it is impossible to dissolve the marriage peacefully in any way, it is necessary to determine the territorial position of the court where the claim is sent. According to the law, the claim is filed at the place of registration (or actual residence) of the defendant. How to file for divorce if the location of the defendant is unknown? The claim is sent to the court geographically located closest to the last place of residence of the opponent.

The application form for divorce will not be accepted without a receipt with payment of the state fee for applying to a justice of the peace. The fee must be paid before going to court.

The list of documents required for filing a claim has not changed in 2017.

Documents for applying for a divorce

In order for the submitted application to be accepted the first time, you should not only fill out the form correctly, but also take care of preparing a package of papers in advance. The documents required to apply to the court are regulated by Art. 132 Code of Civil Procedure of the Russian Federation:

Marriage certificate;
Birth certificates of all common minor children;
If a divorce is organized without children, but with a division of property - papers confirming the time of purchase and the property rights of the spouses;
If during the meeting it is planned to consider the payment of alimony - certificates of income from both parties and a statement in what amount and form the recipient requires to impose a maintenance obligation on the payer;
Written consent from the defendant to the divorce proceedings.

After all the preparations, you can apply to the correctly selected branch of the magistrate's court. In the event of atypical situations, the impossibility of reaching a compromise on the division of property and the procedure for communicating with children, the session goes to the district courts.

Download Sample Petition for Divorce

Below you can download a sample of the 2017 claim form and familiarize yourself with it.

You will only have to fill in the fields with relevant information about yourself and the current situation.

How to file a divorce petition

Samples of the statement of claim are of two types, according to Art. 131 Code of Civil Procedure: with the mutual consent of the spouses and unilaterally.

The first type of claim template is used by spouses who agree to a divorce but have minor children in common. The form should indicate:

The name of the institution where the claim is sent;
Details of both parties (full name, address of residence and registration, telephone numbers);
Data from the marriage certificate (number, series, date of issue and name of the authority that issued the certificate);
List of other documents attached to the claim;
Date and signature of the complainant.

The sample statement of claim for divorce through the court in case of unilateral termination of marital relations contains an identical set of data.

The filing of a unilateral claim is regulated by Article 19 of the Code of Civil Procedure of the Russian Federation and is applied in specific cases:

Incapacity of one of the spouses;
The disappearance of one of the spouses with the issuance of a relevant certificate from the police;
One of the spouses was convicted and imprisoned for more than 3 years.

Helpful information

There are several important nuances that can make it easier to file a claim with a world court to terminate family relations:

The application form is different - when visiting the court building in person, by registered mail, or online, through the state portal of the State Service.
A husband cannot be the initiator of a divorce if the spouse is pregnant or 1 year has not passed since the birth (Article 17 of the UK).
In some cases, a motion for seizure of property must be filed with the claim (a typical example is if the defendant is trying to sell common property in order to avoid division).
If the spouses came to reconciliation during the proposed period (30 days), then the second meeting should simply be abandoned.
The cost of filing a claim is 400 rubles. and charged on each side of the process.

After the end of the proceedings, the spouses are issued a copy of the certificate of divorce, and divorced spouses are considered 10 days after the verdict is passed by the judge.

In the case when it is necessary to get a divorce, and the spouse voluntarily does not want to give his consent, you will need to write an application for divorce through the court. In this article you will find a sample and rules for applying.

Unfortunately, not all marriages can be called successful. Often, the test of everyday life leads to the fact that people disperse. In order to dissolve a marriage between a married couple, a special application is made to the judicial authority. Especially if the couple has minor children and there is no mutual consent to divorce.

Very often, at the same time, people cannot draw up a document correctly and make certain mistakes. In this case, the sample posted on our website will help you, with the help of which it is much easier to write an application.

Rules for applying to the court and writing a statement

An application for divorce through the court to families with children is drawn up according to the example (sample) attached below. In addition to the application, the following documents must be attached:

a photocopy of the application;
notarized photocopies of the birth certificate(s) of your child(ren);
a document certifying marriage;
a receipt certifying the payment of the state fee;
an inventory of jointly acquired property, certificates of income of each of the spouses.

In cases where the wife and husband do not have disputes about the further upbringing of children and / or the division of jointly acquired property, the application can be submitted to the justice of the peace. Otherwise, your claim must be filed in a civil court in your area.

Court decision on divorce

The court considers the claim, in the absence of mutual claims, for about 1 month. In the event of disputes, the final verdict can be issued no later than 3 months, after which you can appeal to change it (if you are not satisfied with the result).

A sample statement of claim for divorce, developed by professional lawyers, contains all the details. According to statistics, it is with the data indicated in this sample that it is easiest to dissolve a marriage.

Before filing a divorce suit, correctly determine the court you need: the jurisdiction of the justice of the peace. Keep in mind that, in general, such cases are within the jurisdiction of the magistrate at the place of residence of the defendant, however, there are exceptions to general rule determining the jurisdiction of claims.

Please note that cases of divorce can be considered no earlier than 1 month from the date of filing the claim. The court may grant a period for reconciliation of spouses up to 3 months.

Correctly determine the amount of the state fee for this claim.

The most complete information on the procedure for dissolution of marriage through the registry office and in court, download sample applications for the registry office, read examples of drawing up applications to the court, court decisions on divorce and the practice of higher courts in the article "Divorce or divorce"

When drawing up an application, be guided by the general rules for filing claims.

Justice of the Peace Court District
No. ____ by city ______________
Claimant: ________________________
(full name, address)
Respondent: ______________________
(full name, address)

STATEMENT OF CLAIM
on divorce

"___" _________ ____ I married _________ (respondent's full name). Lived together until "___" _________ ____. The marriage relationship between the plaintiff and the defendant has been terminated since the specified time. The general economy has not been conducted since the indicated date.

Further living together became impossible. There is no dispute about the division of property that is the joint property of the spouses.

There are minor children from marriage _________ (full name, date of birth of children). There is no dispute about children.

According to paragraph 1 of Article 23 of the Family Code of the Russian Federation, if there is mutual consent to the dissolution of the marriage of spouses with common minor children, as well as of the spouses specified in paragraph 2 of Article 21 of the Family Code of the Russian Federation, the court dissolves the marriage without clarifying the motives for divorce.

Based on the foregoing, guided by articles 21, 23 of the Family Code of the Russian Federation, articles 23, 131-132 of the Civil Procedure Code of the Russian Federation,

Marriage between _________ (full name of the plaintiff) and _________ (full name of the defendant), registered "___" _________ ____ in _________ (name of the civil registry office), record No. ___, terminate.

List of documents attached to the application (copies according to the number of persons participating in the case):