the main > Divorce > Where to apply. Where and how to file for divorce, if there is a minor child? Divorce in the presence of children: the process, procedure and registration.


Where to apply. Where and how to file for divorce, if there is a minor child? Divorce in the presence of children: the process, procedure and registration.




When planning a divorce, you must first prepare: to know which authority to apply to, what documents are needed for this. You will learn about the main points of the procedure from this article.

What you need to file for a divorce

Before initiating a divorce procedure, you should decide on the following points:

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  • the presence of spouses at the expense;
  • drawing up a list of property acquired during the marriage, each spouse;
  • deciding the issue with whom children will live after a divorce, taking into account their opinions, if they are over 6 years old.

Agreements are drawn up by the spouses in writing. Notarization is desirable, but not required by law. In respect of immovable property, state registration and change of property rights is carried out from joint to separate shares.

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Where to go to file for divorce

The choice of a state institution depends on the grounds for breaking the family relationship. The registry office accepts applications for divorce in cases of:

  1. Joint decision-making by spouses, in the absence of children under 18 and controversial property rights (Article 33 of the Federal Law No. 143). Citizens can apply both at the same time together and on separate days. If the second spouse is on a long trip or on treatment in a hospital, the application is notarized. When leaving for permanent residence in another partner country, the document should be stamped by a Russian consular office abroad. The main condition is the presence of a common will to break the relationship of two people. When a couple has minor children or the issue of division of property is not resolved, the registry office sends them to the court for filing a claim.
  2. When one of the spouses applies, if the second, and also a conviction on imprisonment for a term of 3 years. The exceptional case also includes the recognition of the second spouse incompetent. All specified facts should be established by a court decision. For a divorce in these situations, only a statement from a husband or wife is sufficient. Consent to divorce the second half is not required.

Courts accept claims in the following situations:

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With my husband recently, we did not understand and planned to divorce. We have no divorce with my husband, but we have not lived together for several years. The easiest way to be disqualified is to not include your child in the form or indicate your legal family partner.

  1. When there is a dispute about property up to 50 thousand rubles. - decide their magistrates, from 50 thousand rubles. - district urban.
  2. If there are children under the age of 18, even when the parents reach an agreement on the procedure for their maintenance and place of residence. The state takes care of their fate.

For all cases, divorce is prohibited for men during the pregnancy of the wife and raising a child under one year old (Article 17 of the RF IC).

Not living with your partner does not matter, since you are not divorced, you must include it in the form. Even if you do not have a snapshot - attach the old one. The most important thing to remember: include your family partner, your children - yours, if you accepted or welded the application form.

If you have questions, feel free to ask us. Our clients are increasingly demanding the translation and legalization of a claim for divorce. Translation and legalization of power of attorney abroad or from abroad are among the most frequently ordered documents. Translation and legalization of a civil marriage certificate in English, German, French, Spanish, Russian and most European languages ​​is usually required when applying for citizenship.



What documents are needed to file for divorce

A set of papers for a divorce depends on the authority conducting the procedure.

  • one or two separate applications for divorce from each spouse;
  • passports;
  • original certificate of registration of relations;
  • property sharing agreement or marriage contract confirming the absence of disputes over acquired property.

When filing a lawsuit in court of divorce are provided (Article 132 of the Code of Civil Procedure of the Russian Federation):

Medical translation and legalization may be required if you need hospitalization in a foreign hospital, treatment by a foreign doctor, introduction of social and other services outside the country, etc. Translation and legalization of a witness of baptism is usually done with the goal of entering into a church marriage abroad and using the services of the Orthodox Church outside the country. A certificate of baptism is issued by local churches.

Translation and legalization of claims may be required when opening a case in Bulgaria or abroad. The answers below do not require comprehensive information and do not constitute legal advice. In the event of a problem, interested parties should urgently seek legal advice in order not to complicate controversial issues.

  • a statement with a copy for the defendant - the second spouse and the guardianship and custody agencies, if there are minor children;
  • state duty;
  • marriage certificate in the original;
  • evidence of the circumstances specified in the lawsuit;
  • for a legal representative - power of attorney;
  • consent to divorce in a notarial form from a woman who is in a position or is raising a child under 1 year;
  • marriage contract or property sharing agreement if available.

To allocate shares may require the value of the property by a professional appraiser. The parties may apply for the provision of this service on their own or apply for an examination before a court.

How much is a divorce in the application? . In the process of divorce, there are fixed amounts for payment and those that can be paid depending on the case. The state fee for filing a claim is set at 25 leva. After the decision is made, an additional state fee of up to 50 leva is charged. A copy of the solution costs 3 leva.

The amount of attorney fees must be agreed between the party and the attorney and must not be less than the fixed minimum rates for attorney fees in accordance with the Minimum Tariff Tariff. The minimum attorney’s fee for a divorce in the claim line is 600 leva.

If an agreement has been reached on the place of residence of the children or the division of a part of the property, appropriate agreements are also attached to the suit (Clause 1, Article 24 of the RF IC).

The consideration of the case usually lasts 1-3 months in the absence of complications regarding the allocation of shares in acquired property, the abandonment of children, the procedure for their maintenance and appointment. In the case of requesting additional documents, unwillingness of the parties to actively participate in the divorce process, difficulties with payments to the disabled spouse and other significant circumstances that prevent the settlement of disputes, the case may take years.

In this case, other payments may be required. This is usually necessary in connection with the respondent’s calling and presentation. If a country cannot be found at its permanent or current address due to its call, it is called through the State Gazette, for which 20 levs are paid, and if, despite the summon called, it does not appear in the case, the lawyer will pay the applicant. Lawyer fees are determined at the discretion of the court and must not be lower than the minimum amount of attorney fees.

If the respondent lives at a foreign address, a known claimant, the claim must be filed at that address, which is also related to the payment of fees and expenses in connection with the summons, the amount of which is determined by the court. What claims are necessarily connected with the requirement of divorce.

Divorce is not always the most pleasant procedure, but, according to statistics, half of married couples have to go through it in the first 10 years  marriage

But only ¼   from this half it is possible to divorce in a civilized way - without scandals and mutual offenses.

A petition for divorce may also include a requirement to change the name of the spouse if they or one of them changed their surname upon entering into marriage; spouse service requirement. It should be borne in mind here that the maintenance is connected with the former spouse only if he / she is incapacitated and unable to resist his / her income and property. If the former spouse, depending on the new marriage, shall automatically pay for the service. If the parties do not have children under the age of majority, the requirement of divorce may also be related to the requirement of using the family home.

Definition

Divorce is the formal termination of the family relationships of two living people.

Do not confuse divorce with the termination of marriage.

These are not identical concepts! Divorce is one way to end a marriage.

Legislation

As well as marriage, its dissolution is governed by the family law of our country, namely

When the child stays with the father after the divorce. In the process of divorce, it is also possible for the parties to agree that the granting of parental rights is granted to the father. If the child is younger, it is usually assumed that he or she needs more care for the mother than care for the parents. However, if the mother leads an immoral lifestyle, which will adversely affect the upbringing of the child, the exercise of parental rights can be granted to the father. This also applies to cases where the mother cannot take care of the child due to any illness, whether physical or psychological.

Directly divorce dedicated to the above code.

Also, do not forget about court practice, which is important in divorce cases.

In which cases

Marriage can be terminated in 2 ways:

  • through the registry office. This way is regulated
  • judicially. Depending on the basis of the dissolution of the marriage in court, you need to be guided

Through court

Divorce in court is possible in cases where:

How much is a divorce by mutual consent. . The state fee for divorce by mutual consent is 25 leva. After the decision is taken, the additional state duty is set at 20 leva per country. The fee for the state fee for the alimony paid is paid. The amount of the minimum attorney’s fee is 400 leva at the moment.

In case of divorce, by mutual agreement, property may be settled in respect of common property acquired during marriage, in marriage property mode, as well as in respect of common movable property, in which case costs and expenses in the case of transfer of property in a notarial deed. Costs and expenses can be calculated based on the tax assessment of the property, but it is possible that the court may appoint an expert to determine the market value of the property and, accordingly, fees and expenses that must be paid at their market value, and not lower than the tax estimate.

  • spouses have minor children;
  • if the second spouse does not agree to divorce.

During the court hearing on the divorce, the court may also consider cases on:

  • assignment of alimony for minor children;
  • and also the section of common property of spouses, which was acquired in marriage.

Video: what documents are needed for divorce

In this case, the costs of forensic examination are paid in the case, the amount of which is determined by the court. Given the fact that property sharing in the process of divorce by mutual consent slows down and greatly increases the procedure, this is rarely done. There are other non-judicial mechanisms that adequately protect the monetary interests of the parties through which the parties share their common property. These include, for example, the conclusion of a marriage contract, the conclusion of a preliminary contract after a divorce, and others not covered by this answer to the above-mentioned question.

In the registry office

Guided by the provisions diluted in the registry office can be in the following cases:

  • if both spouses agree to a divorce and have no children up to 18 years old;
  • if the second spouse is recognized by the court as missing, then nothing has been known to his law enforcement authorities for more than six months;
  • if the second spouse is recognized by the court as completely incapable;
  • if the second spouse is serving a criminal sentence of imprisonment for a term longer than 3 years

On this basis, the marriage will be terminated, even if the second spouse does not agree, and the couple have minor children.

What is the state fee for a divorce. The initial payment of the state fee in the amount of 20 leva, and after the decision is made, an additional state fee is established. When a divorce is a matter of order - the additional state duty is up to 50 leva, and by mutual agreement - 20 leva per country.

In cases where the parties have a total of children under the age of majority, public service fees are also set in the manner described above. What are the rights of a father during a divorce? . The rights of the parties are the same and guaranteed by law.

Submission procedure with possible nuances

To dissolve a marriage, you must submit:

  • or an application to the registry office for a divorce;
  • or a claim in court.

There are some nuances of application.

With baby

If a couple has a child at the age under 18 years old  they can only divorce in court, except for the cases described in

Why so many divorces? On this issue, a more detailed answer can give a psychologist. The reasons for divorce are most often associated with financial problems, extramarital relations, the belief that each gives more than the other in a relationship; Lack of common interests.

If the parties can agree to a divorce by mutual agreement, they must agree on the following consequences of the termination of the marriage. If consent cannot be reached by only one of the above issues, divorce by mutual agreement is impossible, and then any party wishing to terminate the marriage may file a lawsuit for divorce, which addresses the above issues.

For divorce, the second spouse filed a lawsuit with the world court at the place of residence of the defendant.

If the child lives with the claimant, then the claim can be filed at the place of residence of the claimant.

If the fate of the child is decided during the divorce, that is, with which of the parents he remains to live, the claim is filed with the district court.

If there are no children

If there are no common children, then a divorce can be done through the registry office, if both spouses agree to a divorce.

In a petition for divorce in the claim, you can ask who is responsible for the deterioration of relations between the parties. On this issue, the court will rule only if there is an explicit request in this regard. What documents are filed for divorce by mutual consent.

The necessary documents on divorce by mutual agreement are the marriage certificate in the original and a copy of the birth certificate of the child, if the children have children under the age of majority. There is also a set of documents in a standard form, namely: Notice of termination of marriage and a statement.

  The application for divorce is filed:

  • at the place of residence of one of the spouses;
  • or in the registrar where the marriage was registered.

Without the consent of the spouse

If the second spouse does not agree to divorce, then a divorce can only be through the court, except in cases that are listed in. The lawsuit is filed in the world court at the place of residence of the defendant.

With the division of property

Disputes with the division of the common property of the spouses can only be resolved by the court.

  In this case, a claim on the division of property may be filed:

  • as with the claim for divorce;
  • so for 3 years  after divorce.

By mutual agreement

If both spouses agree to a divorce, then the dissolution of the marriage takes place through the registry offices.

This is possible if there are no common children. under 18 years old.

If there are children, then the divorce is only through the courts, even with the consent of both spouses. It’s just that in a lawsuit for divorce you need to indicate this fact, and then the court will not give the spouses a reconciliation period

Passport change

That spouse who changed his last name in marriage has the right to change his last name even after the divorce.

The fact of the surname change is indicated in:

  • lawsuit;
  • then the court points it out in its decision;
  • and after in the certificate of divorce.

Based on this testimony, the spouse who wishes to change his last name must, within 1 month  from the day the court decision on divorce comes into force, pass the passport for replacement.

Other

As already mentioned, during the meeting on divorce, the court has the right to consider and assignment of alimony to one of the spouses.

The claim for the recovery of alimony can be specified:

  • in the statement of claim for divorce;
  • and may be filed in a separate lawsuit within 3 years  after the dissolution of the marriage.

Statement of claim

The court divorces spouses on the basis of the statement of claim.

It can be compiled in any written form, but with observance of some formalities that are specified in

Sample

A sample claim for divorce can always be found in the secretariat of the court where the claim is filed. The form for the claim will be given in the same place.

What you need to specify

The lawsuit must contain information that must be indicated.

  • the name of the court in which the claim is filed;
  • the data of the plaintiff and the defendant - full name, address and registration (if they do not match), passport data and contact numbers.

This is the formal part of the suit. Then comes the narrative.

Here you need to specify:

  • date of marriage registration;
  • details of the marriage certificate;
  • as well as the date of termination of cohabitation, and the reason for this.

In the “body” of a lawsuit for divorce, it is necessary to explain to the court in a “dry” legal language why further cohabitation of the spouses is not possible.

Also here you need to specify:

  • number of minor children;
  • their dates of birth;
  • and details of the birth certificate.

If there are children older 14 years old,  you must specify their passport data.

Also in the lawsuit you need to reflect the following points:

  • if the couple reached an agreement on the place of residence of the children after the divorce;
  • if the second spouse does not agree to divorce;
  • if the spouse with whom the children remain to live requires the recovery of alimony;
  • if the spouses have not agreed on the division of property;
  • if both spouses agree to a divorce;
  • if the second spouse changes the name after the divorce.

At the end of the claim you need to declare your requirements.

For example, “to dissolve the marriage between ... .., and to recover from the defendant alimony in the amount of ....”.

Requirements should flow from the grounds for divorce.

Then plaintiff:

  • lists the necessary documents that he attaches to the claim;
  • puts his filing date and his signature with the decoding.

List of additional documents for divorce

The claim must be accompanied by a package of documents.

The number of documents differs during the divorce through the court and the registry office.

In a court

To the statement of claim for divorce the claimant should collect the following documents for divorce:

  • a copy of your passport;
  • copy of marriage certificate;
  • copies of birth certificates of children, or passport copies if children over 14 but under 18;
  • certificate of the defendant’s income, if the claimant requires the recovery of alimony as a percentage of the respondent’s income;
  • calculation of the amount of alimony, if the claimant demands payment of alimony in a fixed amount;
  • an extract from home of a book about who the child lives with;
  • list of jointly acquired property;
  • receipt of payment of state duty;
  • copy of the claim.

Through the registry office

Through the registry office the list of documents is significantly less:

  • application for divorce;
  • passports of both spouses;
  • receipt of payment of state duty;
  • if the second spouse is recognized by the court as missing or incapable, then a copy of the court decision;
  • if the second spouse is serving a sentence of more than 3 years, then a copy of the sentence is required.

Where to pack

The package of documents is served:

  • together with the statement of claim to the court;
  • or with a petition for divorce in the registry office.

How to file

There are several ways to file a claim:

  • send it by mail;

This is done by registered letter with notification.

When filing a lawsuit in such a way, it is necessary to take into account the time of the letter “on the way”.  Time to consider a claim may be increased. days for 10 - 14.

  • personally bring a claim to the court.

Best of all, to file a lawsuit personally in the hands of the judge, then you will not have to wait for a response on the admissibility of the claim.

You can submit an application in person, or through a representative, who must have a notarized power of attorney from the plaintiff.

  1. If we are talking about a divorce through the registry office, the spouses write a joint application for divorce.
  2. If the divorce in the registry office occurs on the grounds that the application is accepted from one spouse.

How much is it

To file a divorce through the registry office or through the court, you must pay a state fee.  Its size is determined by tax laws.

  Do you want to divorce your husband, who is serving a sentence in places not so remote? See our article:

Information about the jurisdiction of divorce cases is written

What can be grounds for divorce? Do not know? Then read

Conclusion

Divorce is a form of marriage termination. There is a lot of important role played by judicial practice in such cases.

Each divorce case is individual, and sometimes the court itself cannot decide, guided only by the provisions of the family code.