Sample statement of marriage

Family legal relations include issues related to divorce between citizens of the Russian Federation. Not always, the spouses have mutual consent to the scroll process, so the situation is not limited to the campaign in the registry office and submitting the appropriate application. Although this method usually does not cause difficulties and is considered the most optimal. The picture is complicated by the reluctance of one of the family members to stop marriage. In this case, without the preparation of the statement of claim and consideration in court can not do. Let's figure out how to make such a document.

1

The main reasons for filing a claim

When the option of a "peaceful" divorce through the registry office is unacceptable, the disroxant partner will be forced to resort to the help of "Femids" ( st. 21 IC RF). By law, the need to appeal to court occurs when:

• family educated juvenile children;
• property disputes are present;
• there is no mutual consent of spouses for divorce.

2

Additional circumstances

There are more complex situations accompanying the claim:

• When the place of residence of the second spouse is unknown, the document is served at the last place of its stay.
• If the plaintiff does not want to attend the court session, it is required to prepare an appropriate application for the consideration of the case in case of its absence.
• Finding one of the partners in places of detention (period of 3 years). In this case, it is necessary to reflect information about the place of serving the sentence and terms of condemnation.
• When the documents about the conclusion of marriage are lost or absent - contact the registry authorities with a statement for the issuance of a duplicate.

If there are the circumstances described above (the recovery of the alimony, the section of the property, etc.), a request for the regulation of specific family relations is added to the statement. It should be added that such an association of requirements significantly increases the time permit. Therefore, experienced lawyers advise to apply for a divorce separately.

Download on our site:

• Application with a request to terminate the marriage and divide property;
• An example of a marriage divorce and division division;
• Application for duplicate certificate;
• Filled in duplicate certificate;
• The petition for the consideration of the case when there is no plaintiff or the defendant;
• Sample petition for the consideration of the case when there is no plaintiff;
• The petition for recognition is missing absent;
• An example of a petition for recognition missing absent.

3

Jurisdiction

Depending on the current situation, the broken-produced processes are considered:

1. A global judge in the absence of minors in the family.
2. District or urban court, when there are additional requirements and common children.

According to the territorial basis with the document it is worth contacting the place of residence of the defendant ( st. 28 Code of Civil Procedure of the Russian Federation). Of the general ruler there are exceptions: small children and health state give grounds for filing a claim at the place of residence of the plaintiff ( st. 29 Code of Civil Procedure of the Russian Federation).

4

The procedure for termination of marriage through court

Before contacting the judicial body directly, carry out preparatory work:

1. Install the appropriate instance to submit an application.
2. Pay for state duty ( section 533.19 NK).
3. Prepare the necessary documents (certificates of marriage and the birth of children, paid by the gospered receipt).
4. Make a claim.

If the claims are satisfied, it is necessary to contact the registry office with a request to cancel marriage on the basis of a court decision.

Application for the termination of a marriage by court here.

An example of an application for termination of a marriage by court we have.

5

Application form and sample

When drawing up a claim, observe the generally accepted legal formalities and requirements articles 131 Code of Civil Procedure of the Russian Federation:

• In the "header" specify the name of the court, the Personal data of the plaintiff and the defendant (FULL NAME, address, telephone).
• In the main part, describe the circumstances to which the applicant refers, and state the requirements.
• Form the list of accompanying documents.
• Put the date and signature.

Often, in the submitted statement, the divorce is specified, please divide the jointly htaled property of ex-spouses. These issues are fully covered in article of our site.

Come on the termination of the marriage at the following sample:

• Marriage Termination Claim;
• An example of a claim for divorce with children;
• Sample application for divorce (without children).

Remember, the desires of one of the spouses is enough for marriage to be discontinued. It doesn't matter what additional circumstances are accompanied by the process, with competent registration of the application, the divorce will be issued anyway.