What documents are needed for divorce through court

By making a decision on the divorce of the spouse, which initiated this difficult decision, faces not only with psychological, but also with purely procedural problems. The implementation of a marriage termination process scares many spouses with its complexity and the need to collect a large number of documents. Many do not know which documents are needed for divorce in the registry office or court.

In fact, their volume scares only uninitiated people, previously never faced the state registration of relations in life. We will not divide that the divorce is a simple matter. But at the same time, we will try to step step by step about what documents for divorce will be required in one way if the family does not seem to be possible and you are firmly intend to break the marriage bonds.

Tree options

Family legislation, depending on the composition of the family and the relationship, which reigns in it on the eve of parting, admits two options for registering this sad event:

  • Divorce in the registry office;
  • Divorce at the court session.

The first option - refers to administrative production, which is characterized by a simplified procedure and, as a result, the need to provide a smaller package of documents in order to obtain a certificate of divorce.

Judicial procedure, even if it is considered by the global judge, requires the provision of more information, as it affects a greater volume of legal relations, which managed to arise during the time of marriage between spouses.

But even in this case, if none of the spouses intend to attract to participate in the work of a professionally - a lawyer for family matters, he is able to independently assemble all the documents for divorce and defend their interests in the wicked process.

Documents for divorce in the registry office


Initiate the divorce process in the registry office is entitled only to those spouses who have come to solve to stop marital relations mutually. At the time of the divorce, there are no contradictions and disputes about the division of the property, which they managed to acquire over the years of russia, there are no joint (adopted) minors.
This is what allows you to quickly and painlessly register the fact of termination of family relations.

The procedure begins with filing documents for divorce - statements to the registry office, located at the place of residence (registration) of one of the spouses. The form of such a statement is standard and does not require the indication of the reasons that caused the divorce. It has the name "Shape No. 8" (Decree of the Government of the Russian Federation of 31.10.1998 N 1274) and is provided free of charge when applying.

The divorce application may be filed as both spouses, then one joint statement is filled out, which should contain:


Either one of the spouses. In this case, the statement indicates:

At the same time with the application of the claim, the following documents should be in hand:
The receipt for payment of the state duty, which, with the mutual consent of the spouses, is 650 rubles from each of them, or, with a simplified divorce procedure - 350 rubles from a spouse that initiated the divorce.

The submitted statement, according to the RF IC, is considered within 30 days. After that, they didn't have any objections from one of the spouses or they did not recall the application as a result of reconciliation, the marriage is considered terminated. After that, each of the former spouses is given a certificate of divorce.

What documents are needed for divorce through court

The grounds for termination of marriage in court are much larger and in itself the process is much longer for a term of time and requires direct participation in court sessions of at least one of the spouses (plaintiff) - a divorce initiator. This is due to the considerable considerable time and psychological burden, which can negatively affect health.

Nevertheless, the law provides that it is mandatory only through the court marriages are terminated:

  • When spouses cannot independently come to an agreement on the division of property;
  • When they have joint juvenile children;
  • When the question of the fate of children, with whom from parents they will remain after the divorce;
  • In cases of claiming alimony for the maintenance of children or a pregnant wife (in some cases, on the maintenance of a disabled spouse that has been careful for the child (children) under the age of three years or a disabled spouse.

Due to these circumstances, documents for divorce through the court that spouses are obliged to provide, differ from those provided with the administrative manner of divorce through the registry office.
List of documents for divorce:

Statement of claim

In the form of a claim, a formalized (standard) form of which can always be found on the Court's information booth in which the statement is written.

The only difficulty for inexperienced spouses is the formulation of the cause of the divorce. They can be the most different. The first place among the causes occupies the vanity of characters. The second is drunkenness or drug addiction of one of the spouses, the third place holds married treason.
An indication of this reason in the claim for divorce does not affect the intimate parties to the life of the second spouse and can be directly spelled out in the statement of claim.

Otherwise, things are concluded with the reason when it affects the intimate sides of the marital life or the sphere of sexual preferences of the second spouse.

The law does not require formulate such a cause. It can be replaced by any other neutral. But in the course of the preliminary conversation, one of the spouses in order to prevent publicity for a divorce may require a closed consideration of a divorce case, without participation in the process of third parties or witnesses.

Not obligatory but desirable is to include in the claim for divorce the requirements of the division of property and the definition of fate of young children (with whom they will remain from parents) as well as immediately declare a petition for the recovery of alimony from a parent who will live separately from children.

Evidence of the stated material requirements

When in the divorce process, the claim is considered about the sharing section, you need to know which divorce documents should be collected and submitted to the court. It is they who will confirm the rights of ownership of both or each of the spouses to this or that property.

If the property has been purchased for a long time, certain difficulties may arise with the recovery of lost documents.
Usually the most valuable joint property are real estate facilities - apartment, residential building, land.

With the loss of documents confirming property to share, or the entire object of real estate will have to contact the BTI and the registration authority (since 2017 it is called former rewards and the Cadastral Chamber that are currently united into a single body).

Considerable difficulties represent the provision of acquisition of shares and securities, which are registered with one of the spouses. To do this, it will be necessary to take an extract from the register of shareholders of the joint-stock company, and in the case of joint funds in the authorized capital of the Limited Liability Company - an extract from the Charter of Ltd. with an indication of the shares that are coming for each of the participants.

To determine the owner of the car, it does not matter which of the spouses is registered. The main thing is that the vehicle is acquired during a marriage and have not been acquired one of the spouses for presented money, was not received as a personal gift or in the will.

Documents for divorce with the child

As a rule, the right to alimony for the content of children is not required. It is enough to provide certificates of birth and an extract from the house book confirming the fact of residence of children together with one of the parents. Otherwise, things are concluded by the right of one of the spouses for an aliminal content from another spouse.

The easiest all this is carried out by a woman in a state of pregnancy at the time of termination of a marriage by providing a document necessary for divorce - certificates from women's consultation or a child's birth certificate under three years.

But if the alimony accumulates on the second spouse, the evidence of its disability should be provided (certificates from the medical institution, VTEK), the size of its money income must be less than the subsistence minimum of its accommodation and proven period of disability ( Disability) which should come until the marriage is terminated.

After making a court decision after a ten-day period for appealing a court decision, each of the spouses receive an extract from the court decision. The decision itself for a three-day term is sent to the registry office at the place of residence (registration) of spouses. From this point on, their marriage is considered terminated.

For the documentary certificate of this fact, it is necessary to obtain a certificate of divorce (termination of a marriage) that is issued in the registry office after payment of state duty in the amount of 650 rubles.