Reasons for divorce in the statement of claim for divorce: what to indicate. Reasons for divorce in the statement of claim

According to statistics, every second married couple gets divorced. And even if the union was based on the love and understanding of husband and wife, divorce is sometimes inevitable. Factors for this are possible completely different, in marriage there are no identical situations. However, when drawing up an application to the court, it is imperative to write about the reason.

The statement of the reason should be exhaustive and brief. Therefore, most spouses do not know how to indicate in an official document what prompted the divorce. The indication of the reason is obligatory, because Only in this case the court will satisfy the claim.

Grounds for legal divorce

Neither the Family Code nor other normative documents list the circumstances leading to the termination of marital relations. However, not every reason will be taken into account by the court. It satisfies the requirements of the spouse(s) when:

• the decision to divorce is common;
• one spouse wants to get a divorce, otherwise the marriage will fall apart;
• if the spouse is missing, incapacitated, or convicted for more than 3 years.

An indication of one of the circumstances from the last group exempts from indicating what prompted the divorce when drawing up the application. These circumstances are important for grounds for divorce, in connection with which the court will satisfy the claim without giving reasons.

The Family Code is designed to protect the interests of children and the institution of the family. With the mutual consent of the spouses, it is enough to write briefly the reason for the collapse of the union in the application. The court will not try to reconcile the couple, the meeting will focus on protecting the interests of common children.

If the situation falls under paragraph 2 of Art. 19 of the Family Code (one of the spouses does not agree to a divorce), then the claim is required to describe the reason for the dissolution of the marriage in more detail. The fact is that, as a general rule, the court in such situations satisfies the requirements on one condition: if the divorce does not take place, the marriage will inevitably break up.

There are some of the most common reasons that can be stated in a statement of claim. They must be formulated in official language. The main criterion for the "weightiness" of the cause is a violation of the interests of the family.

Personal reasons

Similar reasons apply to the relationship of spouses. It is expedient to rank among them hostility, infidelity, and so on.

Art. 1 of the Family Code says about the need for a feeling of love and mutual respect, help and mutual responsibility. The reason should be formulated on the basis of this article.

For example, "Further preservation of the family is not possible due to the lack of feelings of love and respect for each other ..". Such a brief formulation is possible if both spouses agree to divorce.

If the divorce was initiated only by the husband or wife, then you can write like this: “I don’t consider it possible to continue to preserve the family due to my lack of feelings of love and respect for my spouse ...”.

It is important! When the true factor in the collapse of the union lies in the sexual component of the relationship, you should not write about it. The Family Code protects the interests of the family, and the intimate component of the relationship of spouses is not among them. Therefore, such reasons for divorce from wife does not need to be included in the application.

Often, real hostility arises between spouses, which develops into quarrels and unwillingness to meet each other halfway. Marriage under this condition is almost impossible to save. There is no need to hide such a circumstance, you need to write directly in the lawsuit: "I do not consider it possible to continue the marriage, since I feel a personal dislike for my husband."

It is important! If the actual reason for the divorce was adultery, it is allowed to write it. However, it should be remembered that the application is an official document, so you should avoid emotional coloring in the wording.

The court session is held in a public form, so if you still decide to make such an intimate detail public, be prepared to discuss it. In principle, you can specify more general wording in the claim, which is given above.

Domestic reasons

Such reasons include:

• unwillingness to participate in the lives of children;
• alcoholism, drug addiction of the spouse;
• physical and moral violence;
• unwillingness to participate in family life, etc.

As a rule, such causes do not occur separately, but exist together. It can be formulated as follows: "Further preservation of the family is not possible due to the alcohol dependence of the spouse (s), which is accompanied by physical violence against me and the children."

If you decide to indicate such a reason, it must be confirmed. If there is an alcohol or drug addiction, then you need to present a certificate from the drug dispensary stating that the spouse (s) is registered and (or) undergoing treatment.

When there is domestic violence, you will need a certificate from the police authority about the calls received. Perhaps you have data on the application of measures in relation to the violator. If there were beatings, attach a medical certificate.

It is important! If reasons for divorce from husband consist of unbearable living together (for example, there is a mental disorder), then it is necessary to indicate such symptoms of the disease that have a negative impact on you and the children.

Reasons for a material nature

The dependent lifestyle of one of the spouses is one of the most popular reasons for divorce. When a husband or wife does not work, does not provide for children, or spends family income unwisely, life in marriage can become unbearable.

The wording of the reason may be as follows: “Further preservation of the family is impossible due to the lack of income of the spouse, the desire to financially provide for the family and participation in the upbringing of children. It makes the financial situation of the family difficult. My income to support children and husband (wife) is not enough.”

Divorce can be driven by a combination of the above reasons. The task of the claimant is to find the most important and correctly formulate it, since during the trial this reason will need to be supported by arguments and evidence.

Young people and girls remember their wedding day for the rest of their lives. This day brings a lot of joy to the bride and groom, relatives and friends. And this is not surprising, this is a very joyful event - the birth of a new family. It seems that now the young will go hand in hand all their lives, they are sure that their happiness will be eternal. But, unfortunately, many marriages soon break up. Three divorces fall on five marriages, the figure is getting higher year by year. Sociologists argue that divorce is the problem of the century. Family and marriage are influenced by numerous social and personal factors. These are politics and economics, traditions and customs, ideology, morality, peculiarities of people's upbringing, character, individual characteristics of a person. Reasons for divorce can vary.

The main reasons for divorce

So, the main reasons for divorce are:

1. everyone will agree that the main reason for the death of a family is the alcoholism of one of the spouses, most often the husband. Domestic drunkenness leads to a deep disintegration of the personality. Such a spouse cannot raise children, feed a family, be a good husband;
2. Another important reason for divorce is jealousy. The number of divorces due to jealousy is huge! Interesting is the fact that this trend is true for couples who are officially married. Couples who are connected by a civil marriage have fewer problems on this basis. Distrust on the part of spouses affects negatively emotional harmony, the intimate side of life;
3. The next reason for divorce is infidelity. The perception of infidelity is different for men and women. For a man, the physical infidelity of a partner has a lot of stress. It is difficult for a woman to realize emotional betrayal when a partner has a spiritual and physical interest in another woman;
4. forced, for example, due to pregnancy, or thoughtless marriage;
5. struggle for leadership in the family;
6. emotional immaturity of partners.

If problems do not arise due to alcoholism, infidelity and fidelity, there are other reasons for divorce. There are five factors in which the mismatch between partners causes conflicts.

These are the factors:

1. partners have the same ideas about cleanliness and order;
2. spouses have similar tastes in literature, cinema, music, television programs;
3. both partners have similar eating habits;
4. they like the same pets;
5. spouses have similar opinions about watching erotic films.

The discrepancy between desires, tastes and seemingly frivolous factors has a destructive effect on the bonds of marriage and becomes the cause of divorce. According to psychologists, if 2 out of 5 positions are different, the chances of maintaining a strong and friendly family are practically nullified. Each of the spouses will defend their position, and this will lead to conflict. If such a situation is repeated day after day, this may well be the reason for a divorce.

Reasons for divorce in Russia

Numerous sociological surveys have revealed the main causes of divorce in Russia:

1. drug addiction and alcoholism. This reason is the most common, because of it 41% of marriages break up;
2. no housing. 26% of couples divorce for this reason;
3. interference in the family life of relatives. This is the cause of divorce for 14% of couples;
4. no opportunity to have a child - causes 8% of divorces;
5. separation for a long time - about 6% of divorces;
6. imprisonment - approximately 2% of divorces;
7. long-term illness of the spouse - about 1%.

In addition, sociologists have identified a number of reasons why spouses cannot divorce. The most common: it is difficult to "divide" children; difficulties with the division of property; dependence of spouses in material terms; wife's or husband's refusal to divorce.

Reasons for divorce in the application

The divorce procedure is quite simple in Russia. The spouse or one of them files for divorce. In the registry office or the court, the marriage can be dissolved. In the registry office, you can only get a divorce if the spouses do not have minor children and their desire is mutual. Together with the application for divorce to the registry office, the spouses provide a marriage certificate, their passports, and a paid receipt of the state duty for divorce. You can pay this receipt at the registry office or through any bank. A month is given to the spouses to consider the decision. If after the end of this period, they do not change their minds, they receive a certificate of divorce, and, accordingly, they make a note in the passport - the marriage is terminated. If there are minor children, divorce is carried out through the court.

When filing an application for divorce, you must specify the reason. The following reasons are usually given:

1. family life did not work out;
2. did not get along;
3. no close relationships in the family;
4. there is a marital relationship with another person;
5. long periods of separation;
6. conflicts in the family, a ruthless attitude towards a spouse or children;
7. alcoholism, drug addiction, substance abuse of the spouse;
8. marital infidelity;
9. the place of residence of the spouse is unknown;
10. spouse in prison.

Witness testimony that will confirm your arguments - evidence in a case that concerns a divorce.

Divorce is a deep family tragedy, no matter what the reasons for divorce are. Children especially deeply experience the divorce of their parents. Before you apply for a divorce, you need to think very hard, weigh all the pros and cons, if there is even the slightest possibility, try to save the family. Divorce is always caused by two people.

In the statement of claim, it is advisable to indicate the reason for the dissolution of the marriage in order to substantiate your legal claims on this basis. The psychological and legal aspects of the problem differ significantly and are not subject to an unambiguous assessment.

What it is

The reason for the dissolution of the marriage in involves the presentation of the wording, on the basis of which the court must understand the motive of the plaintiff's actions.

The law does not prohibit indicating in the claim any circumstances that imply the impossibility of the existence of a marriage union.

Divorce can threaten the interests of the child, his material security, violate the housing rights of a minor.

Consequently, even the banal wording “they did not agree on the characters” is of interest to the court exclusively from a legal and practical point of view.

The judge is not a psychologist for a divorced couple, but at the same time, subject to the provisions, he must give the spouses time for reconciliation, which cannot be more than three months.

The reason for divorce can be different for each spouse. The wife is not satisfied with her husband's salary, while he does not like the fact that the missus does not run the household well.

The court must inquire about the reason that led to the desire to divorce. However, in the course of the proceedings, this is not of great importance - in the event that the reasons are purely domestic and do not affect the legal side of the case.

The Family Code of the Russian Federation indicates a number of mandatory reasons why a marriage is dissolved without the prior consent of the spouse. allows you to divorce if:

1. One of the spouses became by court order. The procedure for establishing incapacity is regulated in detail -.
2. Any of the married couple is recognized by the court by virtue of the provisions -,.
3. When one of the spouses is sentenced to a prison term of more than 3 years.

When establishing the above legal facts, the marriage is terminated without clarification of additional reasons. It is not an obstacle to divorce in the registry office on these grounds, even if the spouses have common small children.

Grounds for divorce

The law does not provide an exhaustive list of cases for divorce, with the exception of paragraph 2 of Art. 19 RF IC. Spouses do not see the possibility of continuing their life together for various reasons.

The grounds indicated in the statement of claim should not be confused with the right to freedom of termination of marital relations.

Divorce is registered by making an entry in the registry office book or by a court decision on the basis of Ch. 4 SK RF. The practical reasons for divorce are different - as are the characteristics of the life of each family.

Personal reasons

There can be an unlimited number of them. A wife is often not satisfied not only with her husband’s earnings, but also with the way he communicates, behaves towards her relatives, a child, etc.

The husband may also have his own reasons for going to court. There are cases when the love of life does not have the status of a legal spouse, and a man seeks to file for divorce and then register a new relationship.

Arranged marriages can also break up. A young woman marries an older man in order to “stand on her feet”, get education, material support, etc. with his help.

Later, realizing her security, the spouse tries to free herself from such a burdensome relationship. At a young age, a woman has a strong desire for selfless love, romance - even with obvious mercantilism.

While a mature man often strives for a stable, even relationship, without chivalrous deeds and singing night serenades under the window.

From a formal point of view, in order to find out what reason to indicate during a divorce, it is necessary to understand that the court, when making a decision, is guided exclusively by laws.

He will not unnecessarily delve deeply into the history of the relationship of a single married couple.

Features of the resolution of such disputes are determined by judicial practice - in the application of the Family Code.

Video: the true causes of divorce

Reason for breaking the bonds of the Church

The Orthodox Church does not provide for the rite of dethronement. It is allowed to obtain consent from the Diocesan Administration for a second wedding.

This can be done if it is established that one of the spouses:

• or is in ;
• sentenced to a prison term;
• encroached on the life and health of another spouse or common children;
• was engaged in drunkenness, drug addiction, was convicted of and other vices;
• incapable of procreation.

Re-marriage is carried out only with the consent of the bishop. The priest will demand a passport and a marriage certificate from the new couple.

The church rite has no legal consequences, since only civil marriage is protected by the state, i.e. union of husband and wife, duly registered.

FAQ

Citizens are interested in questions about the need to indicate the reasons for the dissolution of a marriage when applying - for example, on the retrieval of evidence, securing a claim. Relevant consultations on the wording that should be indicated in the claim.

So:

The reasons for the dissolution of a marriage depend on the circumstances of the life of an individual family. It is highly desirable for spouses to make efforts to preserve the hearth - to try to "hear" each other, to make acceptable concessions.

If divorce is inevitable, then you need to do without mutual hostility and try to leave peacefully. If necessary, you should seek the help of psychologists and lawyers.

The state strives to make efforts to save marriages. However, they are increasingly of a domestic nature, due to instability in the country. Often the union breaks up simply because it was concluded under the influence of a strong feeling. But the latter quickly passes, and the couple is unable to withstand family tests.

When it comes to termination in court, you will need to justify your decision. Unlike the registry office, where the reason can be indicated simply formally, in the courts the reason must be objective. - a difficult and serious process, and the parties must provide evidence to the court that there is no way to save the relationship.

Conventionally, the reasons are divided into personal and domestic. If household ones are practically easier to justify, then some difficulties arise with personal ones. The bottom line is that the court will not accept such reasons as:

• does not know how to cook;
• the husband is never at home;
• does not wash dishes;
• fighting with his/her mother.

If the reasons for divorce are based on personal relationships, you need to carefully consider how to reflect them in. It is important to know that the law is based on the fact that the family is built on the exclusive mutual respect and understanding of the spouses.

Therefore, if a personal reason is formulated, it must be presented from such a position that the court will accept the argument. For example, such a reason as the complete disappearance of respect and understanding of spouses can become significant, based on the basis for preserving the family.

Additionally, it is allowed to list other reasons as auxiliary arguments in favor of the main one. Separately, it must be said about those reasons that relate to the intimate relationship of the couple. Any argument from this area will not be accepted by the court as a reason for termination. Simply because sexual relations are not regulated by law.

The law cannot make a conclusion about the quality of intimate life or other conclusions. Therefore, the “he/she does not satisfy me” argument will result in the court allowing time for reconciliation and recovery.

But such reasons are accepted if there are no other disputes. That is, the couple simply terminates the relationship, while they agreed peacefully on the division and place of residence of the children.

household reasons

Household refers to a reason that negatively affects the whole family. One of the parties may be addicted to gambling, which bleeds the family budget. It may turn out that a person suffers from drug addiction, while the family has repeatedly tried to cope with his vice.

If a party uses violence against another or other family members, such acts must be documented. You can present copies or extracts from the protocols of detention, records of the call of squads at the place of conflict. Medical documents are also needed if there were beatings and injuries. Witnesses can contribute to the evidence base.

Maybe and often sounds in the courts such a reason as. The bottom line is that a person collects credit cards and spends money on his own needs, bypassing his family. Then the banks impose penalties, which leads to different consequences. Most often, this puts the family on the stage of poverty and constant need.

How household causes are used:

• evasion of material support;
• betrayal;
• physical/moral violence;
• does not provide assistance in raising children;
• does not help in solving family financial issues;
• spending the family budget on third-party needs.

That is, you need to indicate in the application the reason that makes further relations impossible.

Lack of housing as the main reason:

sexual abuse

This is a separate line and article of legislation, which is associated with restrictions. Such a reason for divorce may appear under different circumstances, but each of them is always painful. This is what happens in families where a husband or wife (also happens) ends up with perverted understandings about sex. In this case, you must first apply to the court with a request that the hearings be held behind closed doors.

It is also necessary to apply with such a petition if the reason is domestic sexual violence against minors. This happens if the criminal court has already determined the punishment for the guilty, but now the other party wants to divorce for this reason.

In any case, if there are difficult or piquant moments in the case or the reasons, circumstances, the initiator has the right to file a request for a closed process. This is a protective measure that will keep the family secret, since outsiders will not be allowed into the process.

Documentation for divorce

If the termination is a mutual decision, everything is simplified, even if it is necessary to go to court. With a common agreement, the statement of claim is drawn up arbitrarily and more freely. There is no urgent need to fundamentally prove the need for termination. When applying, it is indicated that the decision is mutual.

If a lawsuit is filed at the request of one party, a detailed description of the situation will be required. It is necessary to provide evidence based on or other evidence confirming the need for termination. So, if in fact the couple broke up a long time ago, the application should indicate from what time the joint residence was terminated.

It happens that other families have already been created in fact, which is important to reflect. The application contains a list of documents attached to the claim:

• original passport;
• certificate of;
• metrics of children, if they are minors;
• information about the composition of the whole family;
• receipt of payment of the required state duty.

If the court is still supposed to divide, then it may be necessary to pay an additional state fee if such a determination is made by the court. According to the circumstances, the list of documents may be supplemented by other certificates and extracts, if required for the process.

Divorce, especially in court, almost always becomes an unpleasant and poignant process. The accumulated baggage of mutual reproaches makes it impossible to complete the consideration calmly. It is important to understand that the court is not the place where you need to come in order to pour out your emotions. Here it is necessary to remain calm and constructive, proving one's case with arguments.

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