The divorce procedure under Russian law is quite simple if the spouses have nothing to share with each other. Nevertheless, a number of factors can complicate the process, for example, having common minor children.
Instructions
Step 1
Find out your spouse's opinion of who your children will be living with. If possible, come to an agreement on this issue, as well as on how often the parent living separately from the child will be able to visit and take him in. Also discuss the amount of child support and how it will be paid. Please note that the amount of such alimony by agreement cannot be less than the statutory amount: 25% of the income of one of the spouses - for one child, 33% - for two, 50% - for three or more children.
Step 2
If you have successfully agreed on the child's future place of residence and alimony, file an application with the magistrate's court at the place of residence of the second spouse. There is an exception to this rule: for example, when it is decided that the child stays with you, then the court should be filed at your place of residence. In the application, indicate the reason for the divorce, as well as circumstances such as the number of children together and whether you have an agreement on custody of them and alimony, and what it consists of. Attach to the application a marriage certificate, a list of joint property, photocopies of birth certificates of common children, as well as a document confirming the payment of the state fee. Also, draft a child custody and alimony agreement with your spouse.
Step 3
In case of a conflict over the provision of children and custody of them, contact the district court for a divorce. At the same time, simultaneously with the claim for divorce, submit an application for determining the child's place of residence. In this additional claim, include your child custody wishes. If you believe that for any reason your spouse cannot be entrusted with custody, document this and attach the appropriate papers to the claim.
