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Full package of documents for divorce

Divorce is the official termination of the recorded pair relationships. The official date of marriage is considered the day of registration of an act in the registry offices. The dissolution of the relationship of spouses can occur both through the registry office (the most simple form) and through the court. It occurs at the place of registration of one of the spouses, with their immediate presence. However, in some cases, only 1 person is present during divorce. What documents are needed to file for a divorce, former spouses need to know in advance.

General provisions

The formation form determines the following factors:

  • the presence or absence of children in the former family;
  • the presence of property is based together in marriage;
  • consent (or disagreement) of both spouses for divorce.

If the husband and wife do not want to build a family further, and they did not have time to give birth to children or children were already 18 years old, then the procedure for the broken-water process can occur on a simplified form. Documents for divorce without children can be submitted to the registry office if there are no non-renewability. The simplified procedure of the official divorce usually allows her husband and wife to preserve confoffity relationships.
After agreed joint actions with his spouse or spouse, you should find out which documents need for divorce. In the registry office you will be given the following list:

  • a statement of a certain form, which must be signed and filled with both participants in the marriage process;
  • certificate of marriage;
  • passports;
  • paid receipt (duty 650r. paid by each spouse).

Sample application when divorced through the registry office

If in the family children

If there are minors in the family, the procedure is already another character. For the termination of official communication, the judge will need. Often, the spouses arise the following shortness:

  • associated claims to each other (in the proof of paternity, in the change of the surname);
  • conflict about whom a minor will live with;
  • disagreements regarding alimony;
  • property disputes.

If it is impossible to agree, then before the court procedure, the plaintiff should file all the necessary documents to solve controversial moments.

What documents do you need when implementing a divorce in the presence of minors in the family?

Documents in the event of a marriage process with the presence of minors will need a lot. Therefore, it is better to resolve in advance with the spouse property questions as far as possible and make copies of all necessary securities.

The list of documents varies depending on whether there will be a couple to divorce in the registry office or through court. In the first case, you need to collect the following papers:

  • sample statement;
  • photocopies of all pages of the passport;
  • document on registration, about the composition of the family;
  • property agreement;
  • marriage certificate;
  • marriage contract if it is;
  • paid receipt.

In the case when the divorce is carried out through the court, you will need:

  • statement of the claimant, indicating the cause of the divorce;
  • passport, a document registering marriage;
  • certificate of registration, family composition;
  • document on payment of duty.

If the child is already adult, the registry office can dilute. But only if they have no complaints about each other regarding the material values \u200b\u200bof the family, and there is mutual consent in other points.

Divorce with mutual consent

Divorce by mutual agreement can be carried out in the presence and absence of children. This type of official termination of relations is least traumatic and painful.

The simplest procedure is a divorce by mutual agreement without children. You can officially terminate relationships in the registry office. The list of documents is presented above. The term through which the procedure will be completed is 30 days. At a time when documents are sent to the registry office, it is important to attend both spouse at the same time.

Complete procedure may:

  • the presence of children (then breeding former spouses will be in court);
  • if in the family property over 50.000 r., and it is impossible to share it yourself (it is also transferred to the court).

When dividing official communication in court, the following questions are resolved:

  • who will remain a child;
  • how will the section of material values \u200b\u200bbe produced;
  • what is the amount of alimony accrued on the child.

With a consistent conversation in court without any complaints, the divorce procedure ends quickly. If the dialog is difficult, the judge often appoints an additional period of 3 months to attempt the family recovery.

List of documents that need to be collected for divorce in the registry office:

  • passport husband and wife;
  • statements (filled in sample);
  • receipt with the payment of state dresses (in 2017 it is 1250 rubles);
  • certificate of marriage.

If the situation is divided by the court, then you will need:

  • all previous paper;
  • statement of claim (3 specimen);
  • certificates of the birth of children if they have no 18;
  • certificates confirming registration;
  • if the issue of alimony will be resolved, you need to get a certificate of income.
  • if only one of the spouses is present, you will need a power of attorney confirming the interests of the spouse.

Can the documents for divorce file one of the spouses?

Usually reasons for divorce unilaterally is:

  • the reluctance of one of the spouses to participate in the marriage process or its unwillingness to stop marriage;
  • the impossibility of one of the divorce to be present in the divorce process.

Such a procedure can be performed in court and through the registry office. All citizens have the right to free choice of relationships. Therefore, circumstances, such as the presence of only one of the spouses in the process, are not an insurmountable obstacle to the divorce.

When the spouse or spouse for some reason does not want a divorce, the plaintiff serves a single application to court. If the former second half agrees to the official interruption of relations, then dilute the pair, maybe the registry office. From a missing person will be required to be certified by a notary application for divorce.

There are other cases when the consent of the second person is not required for divorce. These include recognition of a spouse or spouse:

  • missing;
  • incapable;
  • a criminal (with a sentence of more than 3 years).

When can not be divorced if you wish only one side?

  • if the wife is waiting for a child and does not consider the rupture of relationships appropriate;
  • if the child of this couple is not 1 year old.

The most common in the case of divorces unilaterally are the marriage processes through court. Property issues are solved on them, disputes regarding the payments for the child and other disagreement of divergent.

Sample application when divorced unilaterally

Required documents for divorce unilaterally this is:

  1. An application for the registry office or court (3 copies, one judge is sent, the second is in the case, the third is sent by the respondent).
  2. Receipt of payment of state duty.
  3. Marriage certificate.
  4. Extract from Zhweg.
  5. Power of attorney to a representative of a missing person.
  6. When appointing alimony, the reference of the income of the defendant and other significant documents.
  7. Treaty on children prisonered peacefully if it is.

All documents are rented in 2 copies.

Changing the surname

Usually, entering into marriage, the wife takes the surname of her husband. But after the termination of official relations, sometimes she wants to return to himself the name.

You can issue this procedure both during the termination of the marriage and after receiving a divorce document. For registration of the service will need to pay state duty separately. If there are minor children in the family, then the decision is made by guardianship authorities, given the opinions of both parents.

To change the surname, a special form of the application is required, in which:

  • applicant passport details;
  • information about the place of registration;
  • status of marriage;
  • data on juvenile children;
  • the last name for which the applicant wants to change the current one.

The surname change requires new data into a passport. To this step you need to be responsible. You need to think about the last name of the child, acting in his interests.

Sample statement about changing the name below


Passport change after divorce

Many leave the surname of her husband even after the divorce, because to change it, you need to collect a lot of papers and pay for the duty. Documents for a passport change after the divorce is:

  • international passport;
  • insurance certificate;
  • honey polis;
  • driver's license.

If property is to share

As noted above, the division is subject to only over 50,000 rubles.

The partition of material savings can occur in two ways:

Conflectible path.

The division of material values \u200b\u200bcan be made on the basis of the global agreement on the division of property. In this document, property shares of each of the parties are prescribed, and it is notarized. Just so he gets legal force.

Section of property through court.

Often, the spouses cannot come to a common opinion, who will have this or that property. The more the saving family, the harder it is to decide who will remain material benefits. Especially if they represent really greater value for everyone. The court will solve the dispute.

Initially, the court establishes all the property owned by the former family. Then the share of each stands out. The next stage the court considers things that everyone from spouses would like. With an unequal distribution, the court may assign compensation to one of the spouses. When terminating, official marriage does not matter to whom this or that material benefit is issued.

It shares all the property in half. But there are exceptions:

  • if the spouse is in places of detention or military service passes;
  • if there are minor children in the family (the parent, with whom the child remains, is the most part of the property in the interests of the child).

Significantly facilitating the problem of deceing will help the marriage treaty at the beginning of official relations. But usually, when marriage is, people believe that love and trust in one friend is indisputable. Therefore, the marriage contract is made up by a very small number of people.

It is often necessary to appeal to the court with a breaking of relations that were not official, the so-called civil marriage. By law, if a man and woman were cohabitants, then in the absence of a peaceful agreement, the property can be divided by the court. This is called a section of ownership between persons who led a household.

What property can be divided?

According to Article 34 of the Family Code, with a break of such relations, everything is divided, which is promoted together, namely:

  • all movable property: auto, motor vehicles, bicycles;
  • real estate: apartments, houses, cottages, garages;
  • accumulations, fees for physical, intellectual work;
  • prizes.

Important! Spouses debts are also divided. For example, debt on mortgage or loans is divided by half. And also no matter what loan is issued.

Required documents for divorce and property section:

  • statement of claim;
  • passport;
  • receipt of paid state duty (for the first time, submitting documents is significantly less);
  • notarized power of attorney for a lawyer, ready to represent the interests of a particular side in court.

How much does the divorce occupies

Collecting documents for divorce, it is worth not to forget that all cases associated with the termination of official marriage are considered individually. Sometimes there may be necessary documents that are not in the lists. Especially if the termination of marriage occurs through the court.

Consideration of the case of binding in the registry office with the consent of both parties occupies a much less time than the procedure through the court. It is usually no more than 1 month. When divorced in court, the process takes 2-3 months. But the duration of the divorce also depends on each specific situation.