Statement of claim for divorce, collection of alimony

Divorce in court is in itself an unpleasant procedure. Most often, spouses need to simultaneously get a divorce and resolve issues related to the assignment of alimony payments, division of property and determining the fate of joint children. According to the legislation of the Russian Federation, each of these issues can be submitted to separate proceedings, but in many cases it is much more convenient to resolve all conflicts within the framework of one trial. Therefore, it is worth considering in detail how to file for divorce and alimony at the same time and what papers will have to be filled out in this case.

Issues resolved by the court in a divorce case

According to Article 21 of the Family Code (FC RF), only a court can dissolve a marriage in cases where a couple has common minor children. An exception to this rule is cases

when one of the spouses:

incapacitated;
declared missing in court;
is serving a prison sentence for a criminal offense of 3 years.

Article 24 of the RF IC defines the list of disputes resolved by the court simultaneously with the divorce:

determining the place of residence of common children;
establishing a procedure for meetings with children of a parent who does not live with them;
assignment of alimony payments for the maintenance of minor children;
assignment of alimony for the maintenance of a former spouse in accordance with the articles and the RF IC;
deprivation of one of the spouses of parental rights;
division of jointly acquired property and other assets, as well as division of joint debt obligations;
forced eviction of one spouse from housing owned by the other spouse.

According to the Civil Procedure Code (Civil Procedure Code of the Russian Federation), all these disputes can be combined into a single proceeding or considered by the court separately. Part 3 of Article 24 of the RF IC obliges the court to separate into separate proceedings issues of division of property in which the interests of third parties (parents of spouses, creditors, tenants of joint property, and so on) may be affected.

In most cases, it is more profitable to resolve all the issues that have arisen, including the assignment of alimony, within the framework of one case. This will allow you to save on paying fees and paying for a lawyer, as well as speed up the resolution of all issues - all problems are resolved by one court panel and there is no need to wait several times for meetings and consideration of the case materials by the court.

Court decision on divorce and collection of alimony and division of jointly acquired property

Some comments and sample agreements on the topic of divorce, determining the place of residence of a minor child, division of jointly acquired property of spouses, collection of alimony, determination of the procedure for communicating with a child are set out in the article “Divorce, division of property of spouses, residence of children, alimony.”

The statement of claim for divorce is submitted to the magistrate, since there are no children from the marriage, and there is also no dispute about the division of property. The location of the defendant spouse is unknown, so the claim is filed at the last known place of residence of the defendant. The plaintiff asks the court to dissolve the marriage registered with the defendant.

Where and in which court to file for divorce

Before filing a statement of claim, you need to decide which authority you need to contact. If your case only provides for alimony and divorce at the same time and you do not intend to determine the place of residence of the children or divide property with a total value of more than 50,000 rubles, then according to Art. 23 of the Code of Civil Procedure of the Russian Federation, a claim can be filed in a magistrate’s court. If you are going to determine the place of residence of children or divide assets worth more than 50,000 rubles, such cases are considered by the district court and it is there that you need to submit an application. And remember that you can go to the magistrate’s court only in cases where both parties agree to divorce. In case of divorce initiated by only one of the spouses, the claim must be filed in the district court, regardless of other circumstances of the case.

Having decided on the judicial authority in which the divorce and filing a claim for alimony will take place at the same time, you need to start collecting the necessary documents. In addition to the actual statement of claim,

you will need:

Your passport;
birth certificates of common children under the age of majority;
certificate of family composition;
certificate of income of the defendant;
original marriage registration certificate;
receipt of payment of state duty;
a copy of the application to be given to the defendant;
attachments confirming the validity of the claims stated in the claim.

According to Art. 90 of the RF IC, in addition to alimony for young children, it is possible to assign alimony for the maintenance of a former spouse.

Such payments are due in the following cases:

pregnancy or child care for 3 years from the date of birth;
disability of the spouse arising during the marriage or within 1 year after the divorce;
caring for a common disabled child;
retirement within 5 years after divorce.

Who and when can file a divorce and apply for alimony?

A man and woman who have officially registered their relationship are recognized as spouses. Unfortunately, not all marriages last forever; life together can be filled with contradictions, quarrels and conflicts, which means divorce is inevitable. This is an official dissolution of the relationship, which entails some legal consequences and is part of family law. In accordance with Art. 31 of the Federal Law “On Civil Status Acts” the grounds for divorce are:

Application of the spouses for divorce by mutual consent. This is only possible when there are no minor children in the family.
Application submitted by one spouse (it does not matter who).
A court decision that has entered into legal force and contains a requirement to dissolve the union.

How to file a lawsuit correctly

The statement of claim is drawn up in free form, handwritten (or printed on a computer) and in accordance with Art. 31 Code of Civil Procedure of the Russian Federation

consists of the following sections:

contact details of the parties, which indicate the name and address of the court, the full names of both spouses and their places of registration and residence;
the motivational part containing information about the date of registration of the marriage, the number of the marriage certificate, the date of termination of family relations, information about joint children, the essence of the claims brought against the spouse in the lawsuit and the reasons why the plaintiff considers a divorce necessary;
the demanding part, where you need to explicitly write “I ask you to dissolve my marriage with the defendant,” and also list all additional requirements presented to the court (collection of alimony and other issues).

It is best if a professional lawyer helps you in filing a claim. You can also use a sample blank application or an example of filling out a claim for divorce and alimony.

Necessary documents for divorce

The packages of documents depend on how you resolve the divorce process and which authority you contact. So, if the divorce process proceeds through the registry office, you need to collect:

Marriage certificate.
Application completed in the prescribed form.
Passports of two (in exceptional cases one) spouses.
A receipt from the bank indicating payment of the state duty.
If the second spouse cannot arrive for the divorce, it is necessary to provide a statement from him, certified by a notary.
If the divorce is by court order, you must file a copy of the decision.

If the termination proceeds through the court, it is necessary to submit documents such as:

Application for divorce.
A receipt from the bank proving payment of the state fee.
A copy of the plaintiff's passport.
Copies of marriage and birth certificates.
Data on the actual place of residence of the citizen, this can be a certificate of residence. Copies of the house register.
A list and documentary evidence of all property that was acquired - an apartment, a car, land plots, furniture, household items and much more.
Certificates of income for each spouse.

Please note:
Lists of documents are submitted to the court in duplicate, that is, two copies must be made. One remains in court, the second is handed over to the defendant.

Basic principles for assigning alimony by the court

When making a court decision on child support, the court will be guided primarily by the interests of the child, based on the fact that both parents must jointly make an equal contribution to his upbringing and support.

The minimum amount of alimony will depend on the number of common children:

1 child – 25% of the payer’s income;
2 joint children – 33% of the second spouse’s earnings;
3 or more children – 50% of income.

When determining the amount, the circumstances of the case, the level of income of both spouses and the needs of the child are taken into account, so in practice a payment greater than the minimum may be prescribed. The maximum amount of child support allowed by law is 70% of the parent's income.

The laws of the Russian Federation provide for the following formats for payment of alimony:

monthly payment as a share of income;
monthly payment in the form of a fixed amount;
a one-time payment of no less than the entire expected minimum amount of alimony for the time that will pass before the child comes of age;
one-time transfer of valuable property.

A fixed payment is assigned in cases where the alimony payer works at a job with irregular or seasonal income. In order to implement the last two options, you must first divide the common assets of the spouses.

If the parties manage to agree on the amount and procedure for payments during the consideration of the case, they have the right to enter into a settlement agreement. In this case, the court attaches this document to the case and stops considering the issue of payments.

Amount of alimony

There are two forms of alimony amounts: shares (percentage) or a fixed amount. In most cases, a nominal share of alimony is calculated. In accordance with Art. 81 IC RF dimensions are as follows:

For one child – 25% of income.
On two – 33.3% of income.
For three or more children – 50%.

IMPORTANT
If the payer does not have official income, or receives funds in the form of foreign currency or in kind, or has irregular income, a fixed sum of money is assigned. It is calculated depending on the cost of living of the region in which the child lives.

Court decision on divorce and collection of alimony and division of jointly acquired property

On the grounds specified in Art. 89 of the RF IC, the defendant is obliged to support his wife for 3 years from the date of birth of their common child. The amount of alimony for the maintenance of the wife is determined by the court in the absence of an agreement between the parties in a fixed monetary amount, based on the financial and marital status of the spouses and other relevant interests of the parties.

The preliminary purchase and sale agreement for the disputed apartment confirms the cost of rubles, of which the seller DD.MM.YYYY was transferred to E.A. Volkova. 200,000 rub. as an advance, DD.MM.YYYY the final payment was made, borrowed funds of 1,575,000 rubles and own funds of 1,725,000 rubles were transferred, which is confirmed by the seller’s receipts on case sheet 42-43.

Divorce, division of property and alimony

6.2. Everything can be combined into one statement. File a lawsuit for divorce. The claim is filed with the magistrate at the place of registration of the defendant. State duty 600 rub. Regarding the place of residence of the child and the payment of alimony, an agreement must be concluded, which is subject to mandatory notarization. To draw up documents, you can contact the site’s lawyers in private messages.

5.2. Alexander, these issues can be combined in one claim also after divorce. The second question is the advisability of such an extensive claim. There, when so much is “wrapped up”, some negative aspects may arise. At a minimum, what will be considered for a very long time is disputes about the child - the involvement of guardianship - waiting for their conclusion on the case. But in general, it can be. Contact a lawyer to file a claim.

Statement of claim for divorce, collection of alimony and division of property

If one of the spouses categorically refuses to dissolve the marriage, the only option is to file a claim in court. Since this still cannot be avoided, it is better to immediately demand the maximum from the second spouse: payment of alimony and division of jointly acquired property. This will not reduce the amount of the state duty, but will significantly reduce the time spent and facilitate the consideration of the case.

When drawing up an application, you need to carefully check the text for typos and errors. In most cases, the court does not pay much attention to them, but only if they do not cause double interpretation of what is written. It is better to compose a document manually or print it, but neither at the same time.

Court decision on divorce, division of jointly acquired property and collection of alimony

During the court hearing, he did not object to the satisfaction of the claims for divorce, confirming that in fact the marital relationship between the plaintiff and the defendant had been terminated since May 2013, as well as in the case of division according to the option proposed by the defendant and in terms of the recovery of alimony, while not challenging their amount.

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The Lyubertsy City Court of the Moscow Region, consisting of the presiding judge Trofimova E.A., with the secretary Ezhova E.M., having considered in open court a civil case on the claim of Full Name to Full Name 1 for divorce and division of jointly acquired property, established:

Divorce

We also draw your attention to the fact that division of jointly acquired property in court, as a general rule, is possible within 3 years from the date of divorce in court or out of court. However, there are exceptions to this rule, which our family law specialists can tell you about.

If, simultaneously with an application for dissolution of marriage (divorce through the court), a demand is made for the division of jointly acquired property of the spouses, it is necessary to attach, if available, a marriage contract or title documents for the property, documents confirming the value of this property and the acquisition of this property during the period of marriage ( If it is impossible to attach these documents, in certain cases they can be requested in court).