Samples of applications for divorce: tips for filling out
Today our attention will be presented tosamples of applications for divorce. These documents are extremely important. Especially for those who decided to divorce their spouse. Not everyone understands how to properly draft and file a request for divorce. We will address these issues further. If you prepare in advance and thoroughly study the basics of Russian legislation, then there will be no problems with the operation.
Types of divorce
The first thing you should pay attention to is the situation in the family. From it, in general, will depend on how the sample of the application for divorce looks, and where to apply for a request.
There are 2 types of divorce:
- in the presence of underage children;
- "childless" divorce.
In addition, you need to remember that you can break formal relations:
- with a section of property;
- without sharing what was acquired during the marriage.
From the above nuances will depend onthe whole process as a whole. It is worthwhile to understand that divorce is the right. And it can be realized unilaterally. In this case, you have to try, but in the end, get rid of the official relationship will still work.
Without children and property
Where to apply for a divorce? In the REGISTRY OFFICE. It is to this body that requests for dissolution of marriage are submitted. But only if the spouses do not have children, and also the common property. Or if the second is regulated by a marriage contract.
In addition, the registrar will be able to apply only whenprovided that both parties agree to dissolve the marriage. If people just decided to leave, then this option is welcomed. It takes a minimum of time. Also the application form for divorce, as a rule, is filled by the employee of the registry office. All that will remain for the parties is to check the accuracy of the information and sign on paper.
Children and divorce
Otherwise, you have to act if you want to part with a person who already has children. In particular, if they are minors (or not emancipated).
Under similar circumstances, ready samples of applications for divorce must be sent to court. Which one?
Divorce cases in the presence of children of children involved in world courts. It will also have to send paper if a division of property is required.
Where to take
Many wonder where to get the divorce application form? There is no unequivocal answer. It all depends on the situation.
Most often, the corresponding paper is printed in the registrars already in a completed form. But the application can be asked in advance. Or download it on the portal "State Service".
Claims of divorce usuallyare written independently. It is allowed to use ready-made templates, which are either downloaded to the computer in advance using the official sites of the courts, or are issued directly to the judicial authority.
Today, there are 3 typical forms of requests for divorce taken by registry offices. Next, we'll look at each of them.
Mutual agreement
Let's start with the simplest - with a divorce, not burdened by children, claims and property. In this case, you can safely go to the registry office, having previously agreed on this with your spouse.
Under similar circumstances, a divorce application is used under Form No. 8. This is the original basis for all other requests of this type.
Here indicate:
- FIO husband and wife;
- citizenship;
- date of birth;
- registration;
- passport data;
- information from the marriage certificate.
At the end of the request, the date of submission is set andsignatures of both parties. Everything is extremely simple and understandable. The data can be entered either by hand or by computer. It is this form that is often given to spouses in registry offices already in a completed form.
Without agreement
In other cases, citizens must fill out Form No. 9. Samples of applications for divorce are presented to our attention. As you can already see, these forms differ little from each other.
If one of the spouses does not agree to a divorce, thenyou will have to use a different request form. In it, in addition to the previously listed items, it is necessary to indicate the reason for applying to the registrar. More precisely, the reason for the termination of officially registered relations. In addition, there is a form number 10. It almost completely coincides with the form number 9.
Claim and divorce
And what if you need to go to court? Then, as practice shows, it is necessary to independently compose a competent sample of the claim for divorce.
In such paper, as a rule, the following data are indicated:
- Name and surname of the parties;
- description of the situation in the family;
- passport data of the parties;
- common property;
- availability of children and their living conditions;
- cause of divorce.
At the very beginning, the data on the court,which is fed paper. Nothing incomprehensible or special. Drawing up a sample application for divorce through a court or through a registry office is not the most difficult task. Direct termination of relations is much more troublesome. Especially if the parties can not agree on the division of property and the order of residence of children.
Structure
It is worth remembering that all samples of applications fordivorce have almost the same structure. With her help you will be able to create your own paper. But to do so is not recommended. In particular, if a citizen decides to apply to the registry office for the dissolution of official relations.
A sample application for divorce with children (and without them too) includes:
- "header" (upper right corner, information about the requesting authority is written);
- name;
- the main part;
- appeal (request for divorce);
- attachment;
- conclusion.
The structure is simple. As practice shows, the sample application for divorce through the court necessarily includes an application. This is the list of papers attached to the request. At divorce through the REGISTRY OFFICE this item is absent.
Terms of consideration
How quickly cancellation of officially registered relations take place? It is not difficult to guess that the answer directly depends on the situation.
For example, a divorce through a registry office means a monthexpectations. This period is given to ponder over the decision taken. Within a month, an application for divorce can be collected. And, accordingly, to abandon the rupture of relations with the spouse.
If you have to go to court, then on averagethe operation takes about 3 months. So much is allocated to the reconciliation of the parties. But there are exceptions. Sometimes judicial divorce proceedings are delayed for six months and even more. After all, the operation requires the presence of both husband and wife at the meeting.
Cost
How much does it cost to submit a completed application formon divorce in this or that instance? The amount of the fee varies from time to time. It rises. Therefore, it is recommended to clarify the information immediately before parting with the spouse.
To date, a divorce through a registry office requires 650rubles. This is the simplest option. With unilateral dissolution of marriage, they pay 350 rubles. This is the cost of evidence of the established form for each party.
In the case of the property section, name the exactthe amount of duty is difficult. This indicator depends on the value of what was acquired in the marriage. You will have to give 400 rubles, at the most - 60 thousand rubles.
If you need to apply for a divorce without the division of property, but through the court, the fee will be 1300 rubles. This is a fairly common practice.
Myths and legends
Some argue that now the fee for filingapplications for divorce (without children or with them) is 30,000 rubles. And someone assures that a similar amount will have to be paid for divorce in the coming years. But is it really so?
No. The fact is that such a measure of fighting divorce was discussed, but it was not supported. Therefore, so high fees for the ordinary dissolution of marriage do not take place.
About documents
Which papers are useful for divorce and for filling in relevant applications? As you might guess, the exact answer directly depends on the circumstances under which the operation takes place.
If you act through the registry office, you will need:
- passports of the parties;
- certificates with registration;
- completed application;
- Marriage certificate;
- check of duty payment.
In other situations, they additionally require:
- birth certificates of children;
- income statements;
- certificates of ownership;
- marriage contract (if any);
- proof of their position (for example, photos and videos, but not necessarily).
As practice shows, in real life it is difficult to get divorced. Especially in the presence of children. But if you prepare in advance, you can solve all the conflicts that arise as soon as possible.
Advice
Samples of applications for divorce were submittedour attention. It was already possible to notice that no special information was provided in the documents. Minimum information about the parties and about the names that will be assigned after the separation of each of the spouses.
What advice can be given to citizens to fill in the paper being studied? For example:
- when divorcing through a registry office it is better to entrust the creation of a document to the employees of the organization;
- data should be written only in a legible handwriting;
- if you use the "State Service", it is desirable to fill in the application for divorce on the computer and then print it;
- carefully enter information from documents - there should be no corrections or blots in the request;
- write the text in block letters (relevant for people with illegible handwriting).
Perhaps, that's all. The application for a divorce can be obtained and filled by a student. This is not the most difficult task of divorce proceedings!