You will need
- - a copy of the complaint;
- - the original certificate of marriage;
- - copy of birth certificate of the child;
- - receipt of payment of state duty;
- - salary certificate of the couple (upon presentation of maintenance requirements).
- - inventory of the joint property acquired during the marriage (with the claim about section of property).
Find out the jurisdiction of your divorce proceedings, i.e. determine in which judicial authority is necessary to file a claim. Divorce can a district (city) court or magistrate territorial area. The competence of the justices of the peace are those processes in which the spouses have reached an agreement on the maintenance and education of children, as well as over the division of joint property.
In addition, there is a General territorial rule of jurisdiction of divorce cases: the lawsuit filed by the place of residence (registration) of the defendant. But the world court will take into consideration a petition for divorce at the place of residence of the plaintiff, if in his custody of minor children, or his state of health prevents travel to another court.
Prepare a written statement of claim. Write in legible handwriting without cuts on ordinary A4 paper. Usually ships on the Bulletin boards, you can find a sample statement of claim – take it.
The statement must indicate the following information:- full name of the court or the surname and initials of the magistrate and territorial judicial sector;- surname, name, patronymic of the claimant, address (registered and residence), phone number;- surname, name, patronymic of the defendant, his address (according to registration and residence), phone number;- reason and evidence requirements of the plaintiff;- clarification on the reasons why the marriage may not be dissolved by the registry office;- list of attached documents.
Start statement with the date of conclusion of marriage and of the period of termination of marital relations, for example: "June 14, 2002, I entered into marriage with the defendant and lived with him until June 14, 2011". Then specify where marriage is registered.
Specify the surname, names, patronymics and dates of birth joint with the Respondent minor children and if there is agreement on the issues of their further accommodation, maintenance and upbringing.
Explain why you decided to end the marriage. Most commonly used neutral wording: "Family life did not work because of incompatibility of characters". However, you can specify another reason (several reasons), for example, infidelity of a spouse (wife), alcoholism, drug abuse, gambling, financial differences, etc.
Specify the date from which the marital relations between the spouses had actually stopped. Specify whether the shared household and whether there are disputes on property issues.
After the listed information, please contact your court directly with a request for dissolution of the marriage: "On the basis of the above, asking the court in accordance with article 21 of the Family code of the Russian Federation to dissolve the marriage between me and the defendant." At the end of the statement put the personal signature and its decoding.
Prepare documents to be attached to the claim. This list may change depending on requirements by the plaintiff. A sample list includes:- a copy of the claim (for Respondent only);- the original certificate on conclusion of marriage; copy of the birth certificate of each child;- the receipt on payment of state duty;- the salary certificate of the couple (upon presentation of maintenance requirements);- inventory of property acquired during the marriage (with the claim about section of property).
Statement take it to court personally. With a sure to take the passport of the citizen of the Russian Federation or the document replacing it.
The plaintiff has the right to apply for the return of the complaint for dissolution of marriage at any time before the court's decision on the beginning of the divorce process.