What documents are needed for a divorce

divorce procedure has legal status and is regulated by the Family Code of the Russian Federation.Calibration is done by the district registrar or in the courts.Those who will have the difficult and not very pleasant process, need to know what documents are needed for a divorce.Let's look at the nuances of the composition of relevant securities of the package for specific cases, to know what the amount of duty, how the divorce procedure itself.

How to file for divorce

official dissolution of marriage by two state institutions: the courts (district, city, world) and the regional registry office.The second institution is issued a divorce with mutual desire, at the initiative of one of the spouses, when the second declared missing or incompetent, more than three years serving a sentence for a crime.The courts consider claims of spouses of each other property claims or minor children, when one does not share the desire of the second half to cancel the marriage.

If you have a child

Does it matter what age children from divorced spouses.It is one thing - minor, the other - the children after 18 years.In the first situation of spouses to dissolve only the court is authorized.It does not matter, the parents have come to an agreement on child support, "separation" of children and so on. Even if all the moments of life after the divorce agreed, you must apply to the court of first instance or the world, but what exactly, take a closer look.

minor

divorcing spouses with minor children, it is better to go to the magistrate, even if there are factors complicating the procedure:

  • counter or accompanying action (divorce, paternity, change of surname of the child and so on.);
  • disagreements about living children after the divorce;
  • disputes over alimony;
  • property claims.

When divorce is complicated moments when the couple contradictory position should submit a claim in the court of the city (district), in which the applicant lives (the plaintiff).In order to solve all outstanding issues relating to children, each of the spouses must be reserved by confirming and denying the documents, which will help in making the right decision.

Adult

When a family has older children, divorce is competent to carry out the registrar, but only if the mutual consent of divorcing, their lack of property claims.The application of only one side is taken when the other spouse recognized by the court as missing or incompetent.In other cases, all questions about the dissolution of marriage in the presence of adult children are solved only by the court.

What documents are needed

set of documents required for registration of dissolution of marriage depends on the conditions and place of the procedure.The package of securities will be minimal during the administrative procedure (in the registry office), and when the trial will have to collect a lot of additional certificates, extracts from the archive, characteristics and so on. To protect yourself from possible complications bumagotvorcheskih, make a detailed list of all documents and their copies.

A registrar

What you need for a divorce in the administrative procedure, when both sides want it?Firstly, you need to solve financial disputes concluded vzaimosoglashenie sharing of family property, and second, to collect (to fill), and to submit the documents and their copies:

  • typical application;
  • all the copied passport pages;
  • document on registration, family composition;
  • property agreement;
  • prenuptial agreement;
  • + copy of the certificate;
  • fee payment receipt.

A court

If a husband and wife could not come to of mutually divorce, property matters or have children under the age of 18, you must apply for a divorce in court.It amounts to one spouse, the other acts as a defendant.Find out what needs binding instruments for divorce, perhaps at the information stands of judicial institutions or to their official websites.A typical set of necessary papers include:

  1. well-formed claim.
  2. certificate of family composition, residence permit.
  3. Receipt of duty.
  4. original and copy of the certificate.
  5. passport with a copy.
  6. Documentary confirmation weightiness of the reasons for the divorce.
  7. Birth certificates of children (minors).

unilaterally

When the presence of the other spouse is not possible for weighty reasons, divorce in the registry office, and the court is carried out on the initiative of only one.Then, the initiator of the divorce is necessary to put together a package of documents:

  • three copies of the application on the standard form;
  • receipt of state duty;
  • marriage certificate plus a copy thereof;
  • reference taken at the place of residence of both spouses;
  • document certifying incapacity (Other reasons for the absence) of a second distributing.

How to apply

application for divorce may apply in person visit or remotely.The written or electronic application shall be submitted only to the regional authorities, which provide this service.There is the possibility of filing joint or individual (by the husband or wife) of the document and in other cities.Let us consider how to file for divorce in specific cases.

The registrar

There will be an application only under certain conditions:

  1. u agree to a divorce there is no children (minors), contradictions in the property section.The statement is made in the name of both spouses, and if they do not change their minds through the month, then pick up a certificate of divorce.
  2. One husband went missing, incapacitated or husband (wife) of the applicant for three years as a serving a sentence for a crime.The applicant put the stamp of divorce immediately.

The application form must be filled:

  • full name of the registrar;
  • applicant's name;
  • complete data about both spouses (passport, address, etc.);
  • number and date of the marriage certificate;
  • reason for the termination of marriage;
  • names that will get spouses after a divorce;
  • date of application;
  • signature of the applicant.

The court

Before you apply for a divorce, it is advisable to find out what the judicial authority to handle.When the material disputes of spouses (value of the property above 50 thousand rubles.) And the need to establish paternity - in district (city) court.In all other cases, the application will consider the magistrate.This standard document, a sample of which is represented by filling in the information stands of the courts.The petition must specify the following:

  • full name of the court;
  • applicant's name;
  • complete data about both spouses (passport, address, contact, etc.);
  • number and date of the marriage certificate;
  • reason the marriage is annulled;
  • information on children and their education (content);
  • list of witnesses for the plaintiff;
  • evidence supporting the validity of the reasons;
  • list of attached documents;
  • date of application;
  • signature of the applicant.

In another city

Possibility of supplying a standard application to the court or the registrar is saved when one of a married couple lives in another city.But there are some nuances:

  1. In the absence of children under 18 years of age, property and other claims - a divorce through the registrar.The statement must be given together or by proxy, at their place of residence or registration of marriage.
  2. divorce through the court at the defendant's residence.If it is unknown, at his last registration or location of real estate.
  3. A court in the place of residence of the applicant.This option is able to finish, when a claimant accommodate children under 18 years, or he is not able to move.

Through the Internet

Previously, it was possible to remote application on the official portal of the state services.Now the application is served over the Internet is only available from specialized institutions (courts, registry offices), which provides for this function.Another option - use the services of the firm specializing in divorce cases, and fill out an application on their website.How to do it?It should be:

  1. Find a company in the region.
  2. up on her official website (to write personal information, passport details, telephone number and an insurance certificate, e-mail).
  3. Fill in the online form on the model statement.
  4. After checking the data to verify your identity (electronic signature, bank card, etc.).

The fee

tax charged for services of state institutions in the divorce proceedings.At the end of 2015 the size of the suit was filed:

  • without mutual claims - 600 rubles;
  • divorce and division of property - 600 rubles plus 4% of its value.

According to the Tax Code duty statement and testimony is:

  • by mutual consent - on 650 rubles a husband and wife;
  • a divorce by court decision - to each according to 650 rubles;
  • the recognition of loss, disability or because of imprisonment of one spouse - 350 rubles.

In the past year, the media excited the population information to increase public collection in a divorce before the 30 th. Rubles.Such cost provided for in the new bill, which has not been adopted.Therefore, before making any changes to the Tax Code, the amount of the fee for divorce remains the same.From its payment exempt claimants who are disabled.When divorce does not have to pay for applications and claims:

  • alimony;
  • protection of the rights of the child;
  • contesting judgments.

divorce procedure

Fastest divorce procedure - through the registry office by mutual agreement.After re-visit the couple are legally free and independent from each other.Quickly diluted couples when one spouse is serving more than three years of detention, missing or incapacitated.Legal proceedings in other cases last longer, are regulated by Article 18 of the Family Code, take place in several stages:

  • collection of documents;
  • filing a claim;
  • holding a court session or several;
  • imposition of court decisions;
  • obtain divorce certificates.

not always divorce procedure ends positively, often the court refuses to divorce.For example, without the desire of women to divorce her husband does not satisfy the claim, if the wife is pregnant or a family has a child up to a year.Other aspects and nuances of a particular situation may not be the cause of failure, but simply serve as a pretext for the purpose of reconciliation of the spouses life.

video about the divorce

Want to learn firsthand about the criteria of differentiation of jurisdiction of divorce proceedings.See interview with specializing in these matters as a lawyer.Find out what you need to provide the documents for divorce, which copies must be certified, which further has the right to require the judge.Listen to the opinion of the practice on the characteristics and differences between processes through a registry office and the court, on the necessary actions the plaintiff and defendant.

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Divorce