The divorce process begins with the submission of relevant documents to the authorized body. The speed of this procedure will depend on the completeness and correctness of the submitted documents. In this regard, questions arise:
What do you need to file for divorce and what documents do you need to collect to submit to the registry office or court? How does the divorce procedure take place in 2021 through the registry office and court?
We will give a comprehensive answer to all these questions.
Divorce through the registry office
It is possible to dissolve a marriage by contacting the civil registry office (registry office) under the total combination of the following circumstances:
- Both spouses agree to divorce
- No joint minor children
This procedure presupposes a joint submission of an application to the civil registry office and the absence of any dispute in the decision for divorce.
Divorce through the civil registry office is also possible in cases where:
- The second spouse was sentenced by the court to real imprisonment for a term of 3 or more years
- He was declared missing
- Recognized as incompetent
Under such circumstances, divorce occurs through the registry office, even if there are minor children.
You can submit documents to the registry office both at the place of marriage and at your place of residence.
What documents are needed for divorce through the registry office?
To dissolve a marriage through the registry office, you must submit an application in the prescribed form. A certain package of documents must be attached to the application. We will now talk about what documents will be required for divorce in 2021 through the registry office and how this procedure occurs!
What documents are needed?
The question often arises - what documents are needed for a divorce through the registry office? The answer is simple:
- Passports of both spouses
- Marriage certificate
- If one of the spouses does not want or cannot be present at the registry office, then his application for divorce, certified by a notary, will be required. The notarized signature of the spouse on the application for divorce is also equivalent to its certification by the head of the detention center or the head of the correctional institution.
The main document, of course, is the application for divorce.
Sample applications for divorce in 2021
There are several types of divorce applications, so choose the one that suits your situation.
Divorce application forms for 2021
An application in Form No. 9 is used when the husband and wife agree to dissolve the marriage. In this case, a mandatory condition is the absence of joint minor children.
An application in form No. 9 is filled out by spouses divorcing the marriage.
Download the application form for divorce form No. 9
Form No. 10 is filled out by one of the spouses divorcing the marriage, who does not have the opportunity to personally contact the authorities carrying out state registration of civil status acts to submit a joint application for divorce
Download the application form for divorce form No. 10
Form No. 11 is filled out by one of the spouses divorcing the marriage if the other spouse is recognized by the court as missing, incompetent, or sentenced for committing a crime to imprisonment for a term of more than three years.
Download the application form for divorce form No. 11
Form No. 12 is filled out by former spouses (one of the spouses) in the event of divorce in court.
Download the application form for divorce form No. 12
Form No. 13 is filled out by the former spouse, in relation to whom and in whose absence the state registration of divorce was carried out.
Download the application form for divorce form No. 13
Where to apply for divorce through the registry office?
Spouses who wish to divorce by mutual consent and who do not have common minor children must apply to the registry office at the place of residence of the spouses (one of them), or at the place of state registration of the marriage.
When one of the spouses cannot appear at the civil registry office to submit the appropriate application, the will of the spouses can be formalized in a separate application for divorce. In this case, the signature in the application of the spouse who cannot visit the registry office building must be notarized.
How can I apply?
You can contact the Civil Registry Office:
- Personally visiting the organ
- By sending a joint application for divorce through the public services portal
- by submitting an application through the MFC
When will the marriage be dissolved?
State registration of divorce is carried out in the presence of spouses (at least one). The time limit for divorce is one month from the date of filing a joint application for divorce. In this case, the date and time of divorce will be set by the registry office.
List of required documents
Let's start with the fact that in order to file for a simplified bankruptcy procedure, only three conditions must be met.
But these conditions are mandatory. If you do not meet at least one point from them, then going to the MFC is useless. These are the requirements:
- The amount of debt, including obligatory payments on loans, tax and other debts, alimony, should be from 50,000 to 500,000 rubles for obligations to all creditors.
- The writ of execution was returned to the claimant due to the impossibility of collecting funds by the bailiff.
- The debtor does not have property that can be sold to pay off the debt, and his income does not allow him to develop a debt restructuring plan.
Consequently, the list of what documents are needed to file bankruptcy must confirm the applicant’s compliance with these conditions. These include:
- Application for out-of-court bankruptcy. It is drawn up in accordance with the form established by the Ministry of Economic Development and can be either written by hand or printed on a printer. It indicates the applicant’s details, a list of his debts and creditors, and the reason for recognizing insolvency.
- Personal documents of the applicant. The list includes a copy of a passport or other identification document, as well as a copy of a document confirming his place of residence or stay.
- List of the debtor's creditors. It is advisable to indicate the individual tax numbers (TIN) of creditors. You can take them from loan agreements. This list is an appendix to the application approved by the Ministry of Economic Development.
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Important!
If the application is submitted to the MFC not by the debtor himself, but by his representative, then a notarized power of attorney to represent interests and the representative’s passport must be added to the list.
Documents submitted for free bankruptcy through the MFC look simple
But filling them out correctly is not as easy as it seems. MFC employees are not required to check your documents. And the slightest mistake in them leads to refusal of the procedure.
The Ministry of Economic Development provides clear recommendations on how to fill out an application and a list of creditors.
What documents are needed for a divorce through court without children?
Divorce through the court in the absence of children is carried out when one of the spouses does not agree with the divorce or the common property is divided. To initiate a divorce case, it is necessary to draw up and submit a statement of claim for divorce to the magistrates' court. As a general rule, a claim for divorce is filed at the place of residence of the defendant. The place of residence of a citizen is recognized as his address of permanent or temporary registration; accordingly, the claim is filed at the address of the court, the territorial jurisdiction of which this address relates to.
Application for divorce without children
The document on the basis of which divorce proceedings are initiated in court is a statement of claim. How to file a claim for divorce through court without children and where is this claim?
The claim for divorce is drawn up according to the rules of Art. 131-132 Code of Civil Procedure of the Russian Federation. These rules are set by law for all claims, not just divorce claims. If a claim for divorce is not drawn up in accordance with the rules of the above articles, then such a claim will first be left without progress and then returned to the applicant without consideration. To draw up a statement of claim, it is best to contact a lawyer or lawyer. An experienced lawyer will easily draw up the right claim for you.
The statement of claim states:
- Name of the judicial authority where the claim is filed
- Full name of the parties to the case, their contact details
- Date of marriage, circumstances of the impossibility of further preservation of the family, date of actual termination of the relationship
- Reasons for divorce
- The presence of property subject to division and a dispute about it
- Requirements addressed to the court
The claim must be signed by the applicant and dated, and a certain package of documents must be attached to it (Article 132 of the Code of Civil Procedure of the Russian Federation).
Sample statement of claim for divorce
Check out the standard sample statement of claim for divorce without children. This sample is for demonstration purposes and does not reflect everything that a lawsuit should contain.
Download the statement of claim for divorce without children
Attention! Drawing up a claim on your own can lead to serious problems. We strongly recommend that you consult with a lawyer before filing a claim. Telephone legal assistance in family disputes in Novosibirsk
The following package of documents must be attached to the statement of claim for divorce without children:
- Postal receipt confirming the sending of a copy of the claim to the defendant (original)
- Receipt for payment of state duty (original)
- Copy of the applicant's passport
- Original marriage certificate
- Other documents on which the plaintiff bases his claims
Only an experienced lawyer can determine the exact list of documents that will be necessary to file a lawsuit in your situation.
A claim for divorce can be filed either personally, through a representative, or sent by mail. As a general rule, a claim is filed in the magistrate’s court at the defendant’s place of residence. The completed statement of claim with attached documents is submitted to the court office. The court employee must put an acceptance stamp on your copy of the claim and sign it. If the statement of claim is sent by mail, it must be a registered letter with return receipt requested.
Tips to help you apply for a credit card correctly
Above we looked at what documents are needed to open a Sberbank card. All that remains is to figure out the possible ways to submit an application.
There are two ways to submit an application:
- online;
- by directly contacting the nearest bank branch.
The first method is the easiest and fastest, since the entire procedure can be done without leaving your home. Having visited the official portal, you should indicate the region, familiarize yourself with the requirements for issuance and tariffs, and then choose the most suitable banking product for yourself. After filling out all the fields of the form, you should also indicate the department from which you can pick up the card.
If you decide to contact the bank in person, you will need to take with you a full package of documents and a certain amount of money. This is required for activation. After completing the contract, you will be given a PIN code in a closed envelope. All that remains is to connect the card to online banking and the SMS notification system.
The period for issuing a bank card varies depending on its type - instantly or within a period of up to 10 days.
When applying for a credit card, it is important to pay attention to the grace period provided. Depending on the loan terms, it can range from 55 to 100 calendar days. During this period, you have the opportunity to repay the borrowed funds without overpayments. What documents are needed for a Sberbank credit card
, depends on a number of factors and conditions of the lending program itself.
What documents are needed for a divorce through court with children?
What documents are needed for a divorce with children in 2021?
Divorce through court with a child can occur through one of the following courts:
- Divorce through a magistrates' court, in the case where there is no disagreement between the spouses about the place of further residence of the child
- Through the district court, when the spouses were unable to agree on the place of residence of the children
Both options involve drawing up and submitting a statement of claim to the court.
Claim for divorce through court with children
The procedure for drawing up a claim with children is no different from the procedure described by you for drawing up a claim for divorce without children. We will not consider this process again; if you are interested, scroll above and read.
Download and see a sample claim for divorce with children. If you have any difficulties in filing a claim, or if you have any questions, call and sign up for a legal consultation. Our family lawyer will be happy to help you!
Download the claim for divorce with children
