How to Properly Submit a Statement of Claim for Divorce in Court

The sad procedure of divorce is quite complicated, therefore it is recommended that you decide to write a divorce application to professionals. The help of experienced lawyers will help to avoid wrong actions and protect against mistakes that are unavoidable in this complex and unpleasant business.

The procedure for divorce is regulated by the Federal Law "On Civil Status Acts" and the Family Code of the Russian Federation. According to their provisions, divorce can be effected in two ways - by registering with the registry office, or by court order.

The procedure for divorce in the registry office

In the REGISTRY OFFICE, the marriage can be terminated in the following cases:

1. Spouses agree to a divorce and definitely expressed their consent in a written statement. If one of the voluntarily divorced can not come to the registry office for valid reasons, then the application for divorce is filed by the spouses separately.
2. Spouses do not have joint underage children. If one of the spouses has children born before the present marriage, and there are no joint children, the issue of divorce can be resolved in the registry office.

The application for divorce is filed by the couple in the registry office at the place of residence. State registration of the divorce is carried out within a month from the date of its submission.

The procedure for applying for a divorce from a court

Divorce in a court is made in cases where the divorcee has underage children, or one of the spouses protests against the divorce. The court also has to apply in cases where, despite this consent, one of the spouses avoids registering divorce in the registry office.

Marriage is recognized to be terminated if the court makes a decision on the impossibility of preserving the family.

The application for divorce is filed in writing. It should include the following information:

• The address and name of the court to which the plaintiff applies.
• The name, patronymic and surname of the plaintiff, his address.
• Name, patronymic and surname of the defendant. The place of his registration and the place of his actual residence.
• The claims made by the plaintiff and the necessary evidence relevant to the requirements.
• In case the claimant has property claims on jointly acquired property, the price of the claim is exposed .
• Signature of the plaintiff.

Various documents may be attached to the application. It is necessary to compile their list and to certify in the office of the court the transfer of all accompanying application papers.

The application for divorce to the court can be supplemented with the petition of the plaintiff. For example, a person applying for divorce may request the call of witnesses who can confirm the circumstances of the case, or demand the receipt of evidence from the defendant or third parties.

Requirements and petitions can be drawn up as the plaintiff deems necessary. However, the court recognizes their validity only if they are duly confirmed.

The statement of claim for divorce is made in two identical copies and sent to the expedition service of the court, or sent by mail by registered mail with a mandatory notice of delivery.

A properly formulated statement is accepted by the judge for production, and then the date of the preliminary court session is appointed. A communication about this is sent to the person initiating the divorce procedure, as well as to the respondent and, if necessary, to the involved third parties.

An incorrectly compiled statement is returned to the claimant, indicating the errors that led to the non-acceptance of the claim. Errors must be corrected immediately. In this case, the deadline for filing documents will be counted from the time of submission of the initial (requiring correction) application.

It should be borne in mind that it is only partially possible to change the statement of claim for divorce. A significant change will entail a change in the procedural deadlines.