What documents are needed for divorce?

Divorce proceedings have legal status and are regulated by the Family Code of the Russian Federation. It is carried out through the district registry office or in the courts.

Those who are faced with this difficult and not very pleasant process need to know what documents are needed for a divorce.

Let’s look at the nuances of the composition of the package of necessary securities for specific cases, find out what is the size of the state duty, how the divorce procedure itself goes.

The official divorce is carried out by two state authorities: the court (district, city, world) and the regional registry office.

In the second institution, a divorce is executed upon mutual desire, at the initiative of one spouse, when the second is declared missing or incompetent, has been serving a sentence for a crime for more than three years.

The courts consider claims from spouses who have property claims against each other or minor children, when one does not share the desire of the second half to terminate the marriage.

If there is a child

It matters what age the divorcing spouses have children. Minors are one thing, children after 18 are another. In the first situation, only the court is authorized to divorce the spouses.

It doesn’t matter if the parents agreed on child support, “separation” of the children, etc.

Even if all aspects of life after the divorce are agreed, it is necessary to contact the court of first instance or the world, and which one, we will examine in more detail.

Minor

what documents are needed for divorce?

For divorcing spouses with minor children, it is better to immediately go to the justice of the peace, even if there are no factors complicating the procedure:

  • counterclaim or accompanying lawsuit (on divorce, on establishing paternity, changing the name of the child, etc.);
  • disagreements about children after a divorce;
  • child support disputes;
  • property claims.

When the divorce is complicated by the moments when the positions of the spouses are contradictory, a lawsuit should be filed with the court of the city (district) in which the applicant (plaintiff) lives. To resolve all disputes relating to children, each spouse needs to stock up with confirming and refuting documents, which will help in making the right decision..

Adult

When there are adult children in the family, the registry office is authorized to conduct a registry office, but only subject to the mutual consent of the divorced, their lack of property claims.

The application of only one party is accepted when the other spouse is declared missing or incompetent by the court.

In other cases, all questions of divorce in the presence of adult children are decided only by the court.

What documents are needed

The set of documents required to complete the termination of the marriage depends on the conditions and place of the procedure.

The package of papers will be minimal during the administrative procedure (through the registry office), and during the trial it will be necessary to collect a lot of additional certificates, extracts from the archive, characteristics, etc.

To insure yourself against possible paperwork complications, make a detailed list of all documents and their copies.

Through the registry office

what documents are needed for divorce?

What is needed for an administrative divorce when both parties want it? Firstly, it is necessary to resolve material disputes by concluding an agreement on the division of family property, and secondly, to collect (fill out) and submit documents and their copies:

  • model application;
  • all copied passport pages;
  • document on registration, family composition;
  • property agreement;
  • marriage contract;
  • original plus copy of certificate;
  • duty payment receipt.

Through the court

If the husband and wife could not agree on a divorce, property issues or have children under the age of 18, an application for divorce to the court is necessary.

It is drawn up by one spouse, the second acts as a defendant.

To find out what the necessary documents for a divorce are needed, it is possible on information boards of judicial institutions or on their official websites. A typical set of required papers includes:

  1. Correctly written statement of claim.
  2. Certificate of family composition, registration.
  3. Duty Receipts.
  4. Original and copy of certificate.
  5. Passport with a copy.
  6. Documentary evidence of the weight of the reasons for the divorce.
  7. Birth certificates of children (minors).

Unilaterally

When the presence of the second spouse is impossible for weighty reasons, a divorce in the registry office and the court is carried out on the initiative of only one. Then the divorce initiator needs to collect a package with documents:

  • three copies of the application in a standard form;
  • state duty receipt;
  • marriage certificate plus a copy of it;
  • certificates taken at the place of registration of both spouses;
  • document confirming incapacity (other reasons for the absence) of the second divorcing.

How to apply

It is possible to file for a divorce at a personal visit or remotely. A written or electronic application is submitted only to the regional authorities that provide this service. There is the possibility of filing a joint or individual (from husband or wife) document in other cities. Let’s consider in more detail how to file for a divorce in specific cases..

In the registry office

what documents are needed for divorce?

Here they will accept the application only under certain conditions:

  1. Those who agree to divorce do not have children (minors), contradictions in the property section. The application is drawn up on behalf of both spouses and if they do not change their mind after a month, then they withdraw the certificate of divorce.
  2. One spouse was missing, incompetent, or the applicant’s husband (wife) has been serving a sentence for a crime for three years. The applicant will immediately get a divorce stamp.

In the application form, you must complete:

  • full name of the registry office;
  • Name of applicant;
  • complete data on both spouses (passport, address, etc.);
  • number and date of marriage certificate;
  • reason for divorce;
  • surnames that the spouses will receive after the divorce;
  • filing date;
  • applicant’s signature.

To court

what documents are needed for divorce?

Before writing a divorce application, it is advisable to find out which judicial authority to apply to. In case of material disputes between spouses (property value is above 50 thousand rubles) and the need to establish paternity – to the district (city) court. In all other cases, the application will be considered by the justice of the peace. This is a standard document, a sample of which is presented on the information boards of the courts. The following must be indicated in the statement of claim:

  • full name of the court;
  • Name of applicant;
  • complete data on both spouses (passport, address, contact, etc.);
  • number and date of marriage certificate;
  • The reason the marriage is annulled
  • information regarding children and their upbringing (content);
  • list of witnesses in favor of the plaintiff;
  • evidence confirming the truth of the reasons;
  • list of attached documents;
  • filing date;
  • applicant’s signature.

In another city

The possibility of submitting a standard application to a court or registry office remains when one of the couple lives in another city. But there are some nuances:

  1. In the absence of children under 18 years of age, property and other claims – a divorce through the registry office. The application must be submitted jointly or by proxy, at the place of residence or marriage registration.
  2. Divorce through the court at the place of residence of the defendant. If it is unknown, then at the address of its last registration or location of real estate.
  3. Through the court at the place of residence of the applicant. This option is possible when children under the age of 18 live with the plaintiff, or he is not able to move.

Through the Internet

what documents are needed for divorce?

Previously, it was possible to remotely submit an application on the official portal of the State Services. Now, an application via the Internet is submitted only on the websites of specialized institutions (courts, registry offices), where this function is provided. Another opportunity is to use the services of a company specializing in divorce proceedings and fill out an application on their website. How to do it? Necessary:

  1. Find a company in your area.
  2. Register on its official website (write personal data, passport details, phone number and insurance certificate, e-mail).
  3. Fill in the online application form.
  4. After checking the data, confirm your identity (electronic signature, bank card, etc.).

State Duty Size

The tax is levied for the services of state institutions in the divorce proceedings. At the end of 2015, her amount for the lawsuit filed was:

  • without mutual claims – 600 rubles;
  • divorce and division of property – 600 rubles plus 4% of its value.

According to the Tax Code, the application and certificate fees are:

  • by mutual agreement – 650 rubles each from husband and wife;
  • in case of a divorce by a court decision – 650 rubles each;
  • with the recognition of loss, incapacity or because of imprisonment of one spouse – 350 rubles.
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Last year, the media excited the population with information about the increase in state fees for divorce up to 30 thousand rubles. Such cost was provided for in the new bill, which was not adopted.

Therefore, before amending the Tax Code of the Russian Federation, the amount of the divorce fee remains the same. Disabled plaintiffs are exempt from it.

If you divorce you will not have to pay money for statements and claims:

  • about alimony;
  • protecting the rights of the child;
  • appeal against court decisions.

Divorce procedure

The fastest divorce procedure is through the registry office by mutual agreement. After the second visit, the spouses become legally free and independent from each other.

Couples are quickly bred when one spouse is serving a sentence of more than three years, missing or incapacitated.

In other cases, court proceedings last longer, are regulated by Article 18 of the Family Code, and take place in several stages:

what documents are needed for divorce?

  • collection of documents;
  • filing a statement of claim;
  • holding a court session or several;
  • court decision;
  • obtaining a divorce certificate.

Not always the divorce procedure ends positively, often the court refuses to divorce.

For example, without a woman’s desire to get divorced, her husband’s lawsuit will not be satisfied if the wife is pregnant or the family has a child under one year old.

Other aspects and nuances of a particular situation cannot be a reason for refusal, but they will easily serve as an excuse for setting a date for reconciliation of spouses.

Video about the registration of a divorce

You want to learn first hand about the criteria for delimiting the jurisdiction of divorce proceedings. Watch an interview with a lawyer specializing in these matters.

Find out what documents you need to provide for a divorce, what copies must be certified, what is additionally entitled to require a judge.

Listen to the opinion of the practitioner about the features and differences of the processes through the registry office and the court, about the necessary actions of the plaintiff and defendant.

List of documents

Divorce proceedings

Documents and documents required for negotiated and contentious divorce — 2020

what documents are needed for divorce?

Adana İncekaş Law Office as divorce attorney One of the most frequently asked questions within the framework of our service, «contracted divorce In this article, we have discussed in detail the questions «required documents for divorce» and «which documents are required for divorce». We hope you will not have any question marks in your mind.

                                                                Documents and documents required for negotiated and contentious divorce — 2020

Where to Apply for Divorce?

Divorce petition and documents are only in the family law court, in places where there is no family law court. first instance given to the court. The divorce case cannot be made to any state institution other than the courts in question and this situation is not valid.

What are the necessary documents and documents for a contractual divorce?

First of all, we should state that you do not prepare the documents required for the contracted divorce case with the information you obtained from unreliable sources as a result of your internet searches.

It is important that you prepare some documents and papers during the divorce case process, but it will speed up this process. In this process, there is definitely a attorney It is recommended that you manage the process with.

In case of any missing issue, the process may be prolonged, the case may turn into a contested divorce case, and more importantly, you will lose your right to open an agreed divorce case again for a certain period of time.

If you are in financial difficulties, you can manage the process through a lawyer from the city you are in. legal aid you have the right to request.

Documents Required for Contracted Divorce: 

The most important one among the documents listed below is the «agreed divorce protocol». Regarding the liquidation of the property to be included in the protocol, it is necessary to point out and clearly indicate the movables or real estates.

  1. The protocol prepared for the contracted divorce case: In the protocol, all matters such as the liquidation of property, the rights of receivables due to divorce, custody, alimony, subsidiary alimony must be specified and carefully prepared.
  2. Petition of lawsuit: If one of the parties is a defendant in an agreed divorce case to be filed with a petition, it must be shown as the plaintiff.
  3. IDs of parties and common children.
  4. Illustrated power of attorney given to a lawyer.
  5. The necessary advance payment for the fees and expenses.
  6. Certification of transactions such as transfer and payment by parties due to contractual divorce.

Characteristics of Documents Required for Contracted Divorce 

All documents you submit in the contracted divorce case must be legally obtained and reflect the truth. It is important that you continue this process with a lawyer. A problem that may arise in the documents can cause your case to last for years, and if your case is rejected, you will be unable to reopen the «contracted divorce» case for 1 year.

Necessary Documents for contentious divorce

In the contentious divorce case, you need some additional documents different from what we mentioned above.

It should be noted that the follow-up of the «contentious divorce case» should be done meticulously, including a longer process than the agreed divorce.

in the instant case It is recommended that you work with a qualified lawyer. The documents you need to submit in addition to the above documents are as follows:

  1.  Witness List
  2. Evidence List
  3. Credit card statement
  4. Detailed castings from GSM operators
  5. Impact Report
  6. Phone Message and Call Records
  7. Karakol Registration
  8. Social Media Sharing and Correspondence
  9. Material and moral indemnity, alimony and all kinds of claims

Features and Considerations of Documents Required for Contested Divorce

All kinds of evidence, documents and documents that you will present in the contentious divorce case must have been obtained in accordance with the law. Otherwise against side you can file a criminal complaint with the prosecutor's office and the process becomes protracted for you.

Quick Answer: What forms are needed to file for divorce in Los Angeles County?

To start a divorce proceeding, you’ll need to complete a petition, Form FL-100, and a summons, Form FL-110. 2. File the necessary forms with the clerk of court. If you live in Los Angeles County, you can use the Los Angeles Superior Court’s website to find out where you need to file your divorce papers.

What forms do I need to file for uncontested divorce in California?

Fill out these forms:

  • Appearance, Stipulations, and Waivers (Form FL-130 ). …
  • Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170 );
  • Judgment (Form FL-180 );
  • Notice of Entry of Judgment (Form FL-190 );

How do I file for divorce in California without going to court?

Hire a Paralegal to Help with an Uncontested Divorce

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If you feel, you and your spouse can settle things in advance hire a paralegal. They will help you file for an uncontested Divorce without a lawyer in California. Contact Divorce Preparation Services at (714) 935-2989.

What documents do I need to get a divorce?

Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. These will include income tax returns and proof of other forms of income related to any marital debt, assets, property valuations, and so forth.

What is the process for filing for divorce in California?

  1. Step 1: Filing the Paperwork. The divorce process begins when one spouse files a petition for divorce with their local court. …
  2. Step 2: Serving the Non-Filing Spouse.

  3. Step 3: Non-Filing Spouse Response. …
  4. Step 4: Negotiating the Terms of the Divorce. …
  5. Step 5: Litigation. …
  6. Step 6: Final Judgment. …
  7. Step 7: Modifications.

25 сент. 2018 г.

How many years do you have to be separated to be legally divorced in California?

Although California does not have a required separation period or trial separation period, it does have a waiting period for a divorce. While you may file for divorce as soon as you want, you must still wait 6 months before your divorce is final.

How much does a uncontested divorce cost in California?

You will have to pay a filing fee, currently $435 when you file your petition for summary dissolution and other documents with the court clerk. If you can’t afford to pay the filing fee, you can request a “fee waiver” from the court.

Can a divorce be finalized without going to court?

Do I need to go to court to be separated? There are no official Court proceedings needed to make the separation legal. Marriage, however, is a legal relationship and can only end by a Court Order granting a divorce. To get a divorce in Alberta, you must have lived in the province for at least 1 year.

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How much does it cost to file for divorce in CA?

The filing fee for a divorce in California is $435. If your spouse decides to respond to your complaint, then they must also pay $435. You should also note that there may be additional costs as the case progresses. If you can’t afford to pay these costs, you have the option to ask for a fee waiver.

What should you not do during separation?

Documents for divorce: what you need to know

In accordance with the articles of the Family Code,divorce can be effected through a registry office or a court, which means that the package of documents will be different.

Documents for divorce for the registry office and the court are slightly different.

What exactly you need to provide — you can check with lawyers or look at special stands in the registry office or in the courthouse.

To terminate a marriage through a registry office it is possible in those cases if:

  • there are no common minor children;
  • the spouses voluntarily agree to terminate the marriage.

The procedure is quite simple: the couple go together to the registry office and file documents for divorce:

  • joint application of the established pattern;
  • the original of the certificate of marriage registration;
  • a certified extract from the house book issued to the spouse submitting the statement of claim;
  • original receipt of duty payment.

A written joint statement «On divorce» of the established sample is filed at the place of residence of the spouses (both or one of them) or at the place of marriage registration.

If, when writing a joint statement, one of thespouses can not be present for good reasons (business trip, illness, living in a remote location), then it is possible to file separate applications, provided the notary certifies his signature.

As a rule, the registry office does not ask aboutthe reasons for divorce, the problem of preserving the family, do not give time to think about the act and possible reconciliation.

But the indirect influence of the registry office on the decision made by the spouses is undoubtedly: the formal dissolution of marriage and the issue of certificates will take place only after 30 days, so the reconciled spouses can withdraw the application within this period.

Such a divorce does not require an additional visit to the registry office, it takes a little time and money.

If within 30 days the application for divorcethe spouses are not withdrawn, they after the specified period come to the registry office for a certificate of divorce. In the passport a seal about divorce is put, and in the registry book of the REGISTRY OFFICE a record is made. In the event of a divorce in a registry office, the actions of spouses through a representative are not allowed.

Divorce through the court. What documents are needed for divorce

Divorce in a judicial procedure is carried out in cases when:

  • spouses have underage children;
  • one of them does not agree to a divorce;
  • one of the spouses avoids divorce through a registry office.

One of the spouses can apply for divorce:

  • the statement of claim of the established sample, in which the reason for the divorce is indicated;
  • a copy of the application for the defendant;
  • copies of the birth certificate of the child or children;
  • the original of the certificate of marriage registration;
  • a certified extract from the house book issued to the spouse submitting the statement of claim;
  • the original receipt of payment of the fee;
  • if the application is submitted by the spouse, but in the family there is a kid up to 1.5 years, then you need a written consent to divorce from the spouse;
  • petitions (for example, on payment by installments of state duty, etc.).

There are special cases when the question of how to file documents for divorce, it is better to first decide with a lawyer.

The judge accepts the statement of claim for production,after which the stage of preparation for the trial begins: the parties are explained the rights, the defendant's opinion on the divorce is clarified, the parties' evidence is examined.

At all stages of the judicial proceedings in the casethe judge seeks to reconcile the spouses and keep the disintegrating family, especially if the couple has underage children.

The judge may postpone the proceedings in order to reconcile the spouses on his own initiative or at the request of one of the parties. The law provides a period of up to three months. If the spouses are reconciled, the proceedings are terminated.

Otherwise, spouses are bred in 30 days. When the decision comes into legal force, the spouses can receive an extract from the decision.

Who can travel to Russia in 2021?

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In accordance with Annex №1 of the Decree of the Government of the Russian Federation №635-R of March 16, tourists from the following countries may come to Russia:

  1. Abkhazia

  2. Austria

  3. Azerbaijan

  4. Albania

  5. Andorra

  6. Armenia

  7. Bahrain

  8. Belarus

  9. Belgium

  10.  Bulgaria

  11.  Great Britain

  12.  Hungary

  13.  Venezuela

  14.  Vietnam

  15.  Germany

  16.  Greece

  17.  Denmark

  18.  Djibouti

  19.  Dominican Republic

  20.  Egypt

  21.  India

  22.  Jordan

  23.  Iraq

  24.  Ireland

  25.  Spain

  26.  Italy

  27.  Kazakhstan

  28.  Qatar

  29.  Kenya

  30.  Cyprus

  31.  Kyrgyzstan

  32. Colombia

  33.  Korea

  34.  Cuba

  35.  Kuwait

  36.  Lebanon

  37.  Liechtenstein

  38.  Luxembourg

  39.  Mauritius

  40.  Morocco

  41.  Maldives

  42.  Malta

  43.  Mexico

  44.  Moldova

  45.  New Zealand

  46.  UAE

  47.  Peru

  48.  Portugal

  49.  Saudi Arabia

  50.  Northern Macedonia

  51.  Seychelles

  52.  Serbia

  53.  Singapore

  54.  Syria

  55.  Slovakia

  56.  USA

  57.  Tajikistan

  58. Turkey

  59.  Uzbekistan

  60.  Finland

  61.  France

  62.  Croatia

  63.  Switzerland

  64.  Sri Lanka

  65.  Czech Republic

  66.  Ethiopia

  67. Japan

Citizens of Abkhazia, South Ossetia and Ukraine residing in the Donetsk and Luhansk regions are also allowed to visit Russia.

There are 2 main rules for travellers who are going to visit Russia:

— You must be a citizen of these countries or have a residence permit (or any other document proving the right of permanent residence).

— You have to enter Russia by plane and only from the territory of your country.

As for other countries, there are certain categories of citizens that can enter Russia. See the full list on the Federal Security Service website (available in Russian).

  • These categories are:
  • — diplomats and their family members;
  • — drivers, captains and pilots of international flights;
  • — foreign nationals who are family members of Russian citizens

— citizens who need to take care for their closest relatives (e.g. husbands, wives, children, mothers and fathers);

  1. — citizens who have a residence permit for Russia;
  2. — migrants who participate in the governmental programme;
  3. — citizens who come for medical treatment (the documents should be issued by the Ministry of Health);
  4. — citizens entering due to death of a close relative (death certificate and a document confirming the degree of kinship are required);
  5. — highly qualified specialists. See the instructions for such specialists on the Federal Agency for Tourism website (available in Russian);
  6. — residents of Baikonur and employees of companies working in the space industry.

What documents are needed for entry to Russia?

  1. Negative COVID-19 PCR test — provide it at the customs. You must make it no earlier than 72 hours before departure. You do not need to stay in quarantine if you have a negative test result.

  2. A passport valid for 6 months from the date of travel. 

  3. Application form for those who are on flights to the Russian Federation for border crossing. It is to be completed prior to arrival in Russia. 

  4. Visa (citizens of 58 states are eligible for visa-free travel. See the list of these countries at the Federal Agency for Tourism website). You must apply for it at the nearest visa application centre of your country: electronic visas to Russia are temporarily suspended.

  5. Visa application form. Sample for British nationals. Sample for citizens of other countries.

  6. Medical Insurance (Russian abbreviation: DMS). It must be valid across the whole territory of Russia and cover possible COVID-19 infection. 

  7. Proof of accommodation. Required for citizens who are nor eligible for visa-free travel to Russia.

  8. Tickets. 

Things you need to foresee before travelling to Russia

You need to be tested for COVID-19 in 72 hours before your arrival. The fastest way to get a test result is to do express tests. Keep in mind that they might be more expensive. The certificate must be in English or Russian. You may request a Russian translation at the clinic.

If you will show signs of fever or any other symptoms of an illness, you may be asked to re-do the test upon arrival. Set aside some cash on that — on average, the test costs 3,000 rubles (approximately 34 EUR). If the result is positive, you will have to stay for treatment. 

Rules and recommendations you should follow while travelling in Russia

  • — be sure to wear gloves and a medical mask in public places: shops, transport, public institutions and museums;
  • — maintain at least 1,5 meters between yourself and people around;
  • — avoid crowded places; 
  • — take a taxi instead of public transport. 

How not to get COVID-19 — basic rules

  1. Precautions The World Health Organization advises to follow:
  2. — wash your hands thoroughly with soap, use alcohol-based hand rubs;
  3. — wear a mask and gloves in public places. The mask must cover your nose and mouth;

What documents do you need for a divorce?

  • Proposal of Child Custody Agreement
  • Divorce Settlement Agreement

If you are applying for a divorce without without specific cause (an uncontested divorce), you will need a Property Settlement Agreement for establishing the division of the spousal property, housing and alimony.

Proposal of Child Custody Agreement

If you and your husband have minor children, the court will not finalize the divorce until there has been a decision regarding both child custody and child support for all minor children.

Thus, agreeing on how minor children will be provided for is the first thing you will have to solve. The most effective and best way in this case is parental agreement.

If the child is mature enough, do not forget to ask for his opinion about what he or she wants.

If you respect their wishes, the child will know that you still care about them, and one day they will appreciate that as parents you were able to agree. By agreement, you will make it easier for your children and also yourself to start new life.

You will also save many years of trials, stress, payments for expert opinions, etc. The court always assesses whether the agreement is in the best interests of the children.

If so, in most cases the court will approve the Child Custody Agreement and the whole process will be significantly sped up – on one court date, if both parties appear, the case can be resolved.

The key points you both should agree on:

  • in the care of which of the parents will be the child
  • how often and for how long the other parent will be with the child
  • the amount of child support

In cases where you are able to agree on the contact of the other parent with the child, you do not need to specify in the judgment how often and for how long the other parent will be with the child.

All court decisions are always guided by the best interests of the child. If your agreed terms do not comply with the best interests of the child, the court may decide differently from your agreement. Trial proceedings before the court are initiated by filing a petition with the court.

If you both agree, you will file with the court a “Proposal for the approval of the parents’ Agreement of Child Custody and the Child support of minor children“. In order to complete the divorce, it is always necessary to make all necessary adjustments for this relationship with minor children during the divorce process.

In practice, we make these adjustments even before the divorce proceedings begin.

In the case of disagreement, one of the parents submits a “Proposal to adjust the Custody and Child support of minors”. A sample of this proposal can be found on the website of the Ministry of Justice.

Keep in mind that this sample proposal is only a generic model, and in the case that you forget some details, or do not provide all the essential information and documents required, the whole process can take a much longer time.

Therefore, it is always better to have the proposal checked by a divorce attorney before submission, of course.

Important information regarding the Proposal of Child Custody Agreement:

  • Documents required for divorce need to be sumbited to the municipal court in whose district the child is domiciled. If you are unsure of the jurisdiction of the court, (thus where to file a petition), it is advisable to find out with the socio-legal protection of children and social care (called Child Protection Services in US English), or use the advice of a divorce attorney.
  • A handwritten signature on the documents is sufficient. It does not have to be officially verified.
  • Deliver everything to the court in three copies.
  • In practice, you can file for divorce and for adjusting the child’s custody at the same time. However, the court must always decide first about any minor children.
  • A proposal to adjust the custody of minors is exempt from any court fees.

The attorney advises: If you are unable to agree in any way, and there is a need to temporarily adjust the situation with minor children, you can apply for an interim measure.

This is an extraordinary measure, (and parents sometimes overuse it, and thus complicate and prolong the possibility of a final decision in the case).

Interim measures can be submited, for example, if the other parent does not contribute to the minor’s support, and the length of the court proceedings could put you in financial difficulties; or, if the care of the minor children needs to be adjusted temporarily.

The interim measure has certain specifics, in the case of minors, and the court must decide within a maximum of 7 days. Therefore, interrogations are not normally held, because of the short deadline for a decision. Everything necessary needs to be explained and documented to the court. The basis for a successful interim measure is to assess whether the conditions for both filing an interim measure, and that the intermim measure proposal is well-written, are met. An experienced divorce attorney will always give you the best advice in these matters.

Divorce Settlement Agreement

The proposal itself may be filed by one of the spouses; or if both spouses have agreed, they may file it together. In the case of agreement, and thus an uncontested divorce, (a divorce without finding of any one person’s fault for the break-up), it is necessary to meet several conditions as stated by law:

  • the marriage lasted at least one year at the time the proceedings started
  • the spouses have not lived together for more than 6 months
  • if they have a minor child together, they have agreed on a Child Custody and Support Agreement for the time beginning after the divorce, and the court has approved this agreement
  • an agreement has also been reached on the Property Settlement Agreement

If there is a situation where one of the spouses does not agree to the divorce, or the spouses are unable to agree on the care of a minor child or the property settlement, then one of the spouses will file for divorce. In that case, the divorce will be contested, (a divorce with cause).

To the Divorce Settlement add a copy of the marriage certificate, and in case of a minor child, add the birth certificate of this child. Also, attach the submission of a final judgment on the adjustment of the conditions of post-divorce child custody, housing, child support and a Property Settlement Agreement as well.

Important information about filing for divorce:

  • Submit the application to the district court (in Prague, the Municipal Court) in whose district you have or had your last common residence together, if at least one of you still live in this district. If you have both moved away from it, send a proposal to the court in whose district your spouse currently resides.
  • For filling a petition, you will pay a court fee of 2.000 CZK.
  • The court fee is possible to pay either to the court’s account, or with the help of payment coupons (stamps), which you can buy in all branches of the Czech Post Office.

Proposal of Property Settlement Agreement

The marital joint property of the spouses ends with the divorce and must be settled. The most optimal solution for property settlement is an agreement.

The agreement is effective on the day when the marital property ceases to exist.

It does not matter if you conclude it before or after the divorce of the marriage; (for an uncontested divorce, it is necessary to have it concluded).

If you are not able to agree, there are 3 options:

  1. You can conclude the agreement later.
  2. If you do not agree, then within 3 years of the divorce it is possible to file a petition with the court to settle the marital property. In that case, the court will decide to whom the specific property and debts which arose during the marriage will fall. The court either orders common properties to one of the ex-spouses, with condition to pay partial (usually half) of the value of those properties to the other spouse, or divides the properties equally in some way, or may decide to sell some or all of these properties and distribute the money between the spouses.
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