What to write in a divorce application and the reason. Examples of causes of action. What to indicate if it is inconvenient to write the real reason

Dissolution of marriage or divorce is an extremely painful procedure. If the husband and wife together came to the decision to separate and they do not have children under 18 years of age, then the divorce procedure is carried out by the authority one month after filing the application.

It is somewhat more difficult to dissolve a marriage if there are minor children. But if the spouses do not have material claims against each other and if there is agreement on issues of place of residence and upbringing of offspring, the divorce process is carried out with the help of a magistrate’s court.

Dear readers! Our articles talk about typical solutions legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Unfortunately, very often divorce is accompanied by various complications when divorce is impossible without the help of the law. In this case, the procedure for dissolution of the marriage takes place in a district or city court. In this case, the plaintiff must write statement of claim.

Reasons for divorce in the statement of claim

Here you can download the claim form.

A claim for divorce is written:

when one of the spouses is against divorce;
if the spouse refuses to divorce. For example, he refuses to write an application for divorce;
The spouses cannot come to an agreement on the issues of raising children, their place of residence and financial support.

In this case, the document must indicate the reason why it is necessary to terminate marriage from the point of view of the plaintiff so that the court can objectively consider the situation for the most optimal resolution.

A claim for divorce is governed by Article 131 of the Code of Civil Procedure of the Russian Federation. It is served locally official registration defendant (not plaintiff).

Failure to comply with the rules when filling out a statement of claim in accordance with the above article may serve as grounds for the judge to reject consideration of the issue of divorce marital union.

The reasons for divorce are not regulated by the laws of the Russian Federation. They are as follows.

Personal property

These reasons include the loss of love and attraction to the spouse, the emergence of hostility. According to the principles specified in Chapter 1 of the Family Code, marriage should be based on mutual love, trust and respect. Therefore, the loss of these feelings may be sufficient grounds for a judge to dissolve the marriage.

Household

These reasons include bad habits spouse, such as drunkenness, drug addiction, gambling addiction, etc. This also includes domestic violence and intentional spousal abuse.

When specified in statement of claim For domestic reasons, they must be documented by certificates from the police about the call and medical reports on the removal of beatings.

If you indicate alcoholism or drug addiction as the cause, you must attach to the statement of claim a certificate from a drug treatment clinic stating that the spouse is registered there.

Material nature

Reasons of this kind include the lack of own housing and, as a consequence, Cohabitation with parents, as well as insufficient earnings or parasitism of the family breadwinner, especially if you have minor children.

intimate

Sexual incompatibility is quite often the cause of divorce, but lawyers do not recommend indicating it in the statement of claim. Consideration intimate life married couple in open court may cause damage mental health and the reputation of the spouses.

If you hide similar reasons impossible (for example, in the case sexual perversions causing bodily harm), then the plaintiff should write statement of request to hold closed court hearings due to maintaining the confidentiality of personal life.

Violation of the marriage vow, or adultery

Grounds for divorce in court

According to Article 22 of the Family Code of the Russian Federation, the court dissolves the marriage union upon recognition of the impossibility of preserving the family. Therefore, in the statement of claim, it is very important to write a reason that the judge considers convincing.

Official reasons for divorce

One of the most common reasons cited in a statement of claim is psychological incompatibility or dissimilarity of characters. This also includes loss of love, respect and trust. If there are no minor children, the judge will consider this reason convincing enough for divorce, according to Art. 1 of the Family Code of the Russian Federation.
Alcoholism, drug addiction and abuse are also grounds for divorce, but in this case these facts must be must be documented with certificates from the police and drug treatment clinic. If the plaintiff does not have the opportunity to obtain documents proving the spouse’s inappropriate behavior, then it is better not to indicate these reasons.
Separate housekeeping and creation of a second family. This is a very convincing reason, but it must be confirmed by two adult witnesses at a court hearing.

If there are children in the family

If there is one in the family, under 18 years of age, then the court may consider personal reasons insufficient for divorce and postpone making a decision. Therefore, in this case, it is better to indicate reasons of a material and everyday nature.

For example: insufficient income of the breadwinner, excessive spending on personal needs, unwillingness to work, parasitism; the spouse’s lack of participation in raising children, including denial of financial support to them.

According to Art. 89 of the Family Code of the Russian Federation, husband and wife should provide each other material support, including in raising offspring. Therefore, the court may find this reason compelling enough for a divorce.

A spouse’s bad habits are also a strong argument in favor of divorce, but they must be documented.

The most common causes of divorce

Many causes of serious family disagreements that lead to family destruction are interconnected. However, sociologists, in collaboration with family psychologists highlighted the following:

Breach of fidelity, that is adultery.
Breaking the marriage vow, especially if the other spouse is in difficult situation(for example, a wife is expecting a child, is in a maternity hospital, or one of the spouses is sick, is on a long business trip) undermines trust and leads to a cooling of love between husband and wife.
Material difficulties, that is simply poverty.
Lack of own housing. In this case, the young family can live with their parents, which is not in the best possible way affects relationships, or rent an apartment, which has a detrimental effect on the budget.
Bad habits of one of the spouses. This includes not only drunkenness, alcoholism and everyday life, but also excessive spending, addiction to gambling, obsession with personal interests and hobbies.
Sexual incompatibility.
Lack of common goals in life.
Psychological illiteracy, that is, the inability to behave in conflict situations, and reluctance to understand your other half.
Infertility of one of the spouses.

Good reasons for divorcing your husband

The most compelling reason for divorcing your spouse is real threat for physical and psychological health wife and children. This can happen if the husband:

IN similar cases A woman with children needs protection from the law. If your husband threatens your health and the health of your children, you need to call the police and document this call. If violence has already taken place, then the beatings must be certified by a traumatologist at the clinic at the place of residence.

What to indicate when divorcing a marriage with the assignment of alimony to one of the spouses?

In this case, you can specify any reason, including a material one. The main thing is to attach to the statement of claim a copy of the child’s Birth Certificate, certified by a notary.

Child support for minor children is assigned to the parent with whom they remain to live.

IMPORTANT! From June 1, 2016, each decision to establish child support will be issued exclusively as an application for the issuance of court order on the assignment of alimony. Cm. the federal law dated March 2, 2016 No. 45-F3.

In case of violation of the clauses of the marriage contract

A contract concluded by spouses, according to Art. 40 of the Family Code of the Russian Federation, regulates exclusively property relations how in existing marriage, and in case of its termination.

Violation of such an agreement is considered a breach of obligation and is regulated Art. 25 of the Civil Code of the Russian Federation, as well as Art. 4 of the Family Code of the Russian Federation.

According to these laws, violation marriage contract cannot be a reason for divorce, since it does not contradict the essence of family relationships.

How to write the reason for divorce correctly?

The main thing when indicating the reason for divorce in a statement of claim is to free the main thing from grievances and claims and calmly, without emotions, formulate it in a few general phrases.

Of course, when formulating a reason, there is no need to forget about main goal: dissolve the marriage with minimal material and psychological costs, as quickly and efficiently as possible.

Reasons for divorce - examples

Personal reasons should be formulated emphasizing the loss. shared love, respect and trust. For example:“I have lost respect and love for my husband. For this reason, I consider saving the marriage impossible.”

Or another example:“I hate my wife. I don't trust her anymore. In this regard, continuation marital relations I consider it impossible.”

Everyday reasons also need to be described as concisely and dryly as possible. For example:“I consider it necessary to dissolve the marriage due to the fact that my husband is a drug addict.”

Or “The husband is an alcoholic, prone to domestic violence. Therefore, I consider maintaining the marriage impossible.”

If you need to indicate a financial reason as the reason for divorce, then in the statement of claim it is advisable to justify your decision a little: “My husband does not financially support me and our child, which makes the family poor. In this regard, I consider saving the marriage impossible.”

Or another example:“My husband refuses to work and financially support the family, which puts me in a difficult situation. In this regard, I consider the continuation of the marriage relationship impossible.”

It is worth noting that in a statement of claim for divorce you should not indicate reasons of an intimate and sexual nature without sufficient grounds. This will hamper the court's work, which will lead to difficulties in obtaining a divorce.

The popular truth is that marriages are made in heaven. But every person can make a mistake in his choice. Therefore, a timely divorce for many can be salvation and the beginning of a new life. happy life. The main thing is to do it correctly and effectively.

In recent years, Russia continues to lead the world in the number of divorces. The divorce rate in our country is as much as 57%, while in Canada this figure is 48%, the USA - 46%, France - 38%, and last place Japan is ranked, where the divorce rate is 27%. “Almost every second marriage is doomed to failure,” sociologists report. Is “every family unhappy in its own way,” as the classic said? Or is it still possible to identify common motives for divorce?

Divorce is the problem of the century

Turning to the statistics, it is not difficult to notice that 10 years ago every third marriage was dissolved, and today this figure in Russia has decreased to 2. Suffice it to give an example: in 2003, 1,225,501 unions were officially confirmed, of which 667,971 were already divorced, and this is 54.5%. Every year the difference between the number of marriages and their dissolution is decreasing, and the popularity of registered relationships is falling. There is an explanation for this statistic: this moment arrived marriageable age for those born in the 90s. As you know, during these years there was a demographic decline, the consequences of which we are still seeing, and many families at that time were considered dysfunctional. But this is far from the only reason divorces modern families.

Categories of the main causes of divorce

Family and marriage are influenced by many reasons and factors: social, personal, and political. Religion, characteristics of upbringing, characters, traditions, ideology, personal goals of each partner can serve as a reason for divorce. What can become a compelling argument and reason for divorce cannot be answered unequivocally. Every family has its own difficulties, and their consequences are always different. However, several categories of the main causes of divorce can be distinguished:

Premature, thoughtless marriage. One of common reasons The reason why people get divorced is a rash decision to get married. Many young people, having no idea about married life, rush to the registry office, and over time they see that their expectations from life together did not materialize and there is only one way out - divorce.
Cheating on one of the partners. Adultery is also one of the most popular reasons for divorce. According to statistics, the traitor is most often a man. And if your husband’s betrayal can be understood, then it’s unlikely to be forgiven, because... The weaker sex is characterized by excessive emotionality. Poverty and infidelity are the most popular reasons for divorce in Russia. But many factors can serve as a reason for a spouse’s betrayal, here are some of them:
- Search for adventure, new sensations. Over time, relationships can become boring, the usual measured married life may turn into gray colors, and the partner goes in search thrills without thinking about the consequences.
- New love of one of the partners.
- Sexual dissatisfaction. Lack of regular intimacy may push your “other half” to look for adventures on the side, and the consequence is a good reason for divorce.
- Revenge. Trying to restore the feeling self-esteem, repaying your cheating husband “in the same coin” is unlikely to contribute to strengthening your marriage. And the consequences will not keep you waiting.
The birth of a child, especially in young families. Any couple needs time to get used to each other. Why young couples with children divorce is quite obvious. After all, the appearance of a new family member in a still unformed social unit can cause additional stress and troubles, and ultimately becomes a cause of divorce. The consequences will not be the best for both the spouses and the child. By the way, availability minor child is one of the reasons for divorce through the courts.
Incompatibility of characters. Your husband wants to go to football this weekend, but you want to go to the theater? This may start to make you wonder, “Did you choose the right spouse?” Different views spouses for life, different eating habits, dissimilar tastes in literature, different social status spouses are common causes of divorce in modern families.
Everyday problems. Socks scattered on the floor, garbage not thrown out on time, dinner not prepared for the husband's return from work, an uncleaned apartment - no matter how funny it may seem, can serve as a good reason for constant quarrels, and if the partners are too emotional, then this can become a reason for divorce .
Marriage of convenience, including to resolve the housing issue. One of the reasons for divorce is the pursuit of mercantile goals by one of the spouses: for financial gain or for the sake of obtaining an apartment.
Interference of relatives in the lives of spouses. Moreover, if you live in the same apartment with relatives of your “half,” then this definitely cannot be avoided. More mature and wise parents always think they know everything better than newlyweds and are in a hurry to “get in” where they shouldn’t, to give advice, instead of allowing the young family to figure it out on their own. Therefore, the intervention of parents and other relatives becomes the reason why people get divorced.
The struggle for leadership in the family. A husband supports his wife or a spouse earns more than his husband - rest assured, your husband will not miss an opportunity to remind you of this in the midst of another quarrel.
Adverse habits of one of the spouses: alcoholism or drug addiction. They can make the family life of partners unbearable. In Russia they are one of the most common reasons for divorce. The culprit is often a man who is unable to fight the addiction.
Financial difficulties. Financial problems arise in any family, but for young couples they can become an insoluble circumstance and serve as an example of why people get divorced.
Intimacy problems. They can also serve as a reason for divorce. Consists of dissatisfaction of one or both spouses. The inability or unwillingness to discuss problems in this area with a partner can often serve as a reason for divorce, even in long-term marriages. It is worth noting that 37% of men surveyed are ready to get a divorce for this reason, while only 9% of women consider this a sufficient reason for divorce.
Too early or late age marriage. A lot of young guys, not having enough life experience, and are not able to appreciate all the advantages and disadvantages of their partner, they are in a hurry to get married. They like to spend time together, have a common social life: going to discos, parties, movies. Such couples do not think about the consequences of coexistence in Everyday life. And only after the wedding all the shortcomings of both spouses are revealed. The average age for marriage is 22 for women and 24 for men.
Infertility of a couple. Many modern families cite the inability to have children as the reason for divorce. Often, instead of turning to specialists, spouses file for divorce in court.
Emotional immaturity of one of the partners. For the most part, it occurs among young couples, and the reason for this is a banal unpreparedness for marriage. Most often it manifests itself in men, and that is why so many betrayals occur in male share population.

Surprisingly, in most highly developed countries the reasons for divorce are largely the same. However, each divorce may have its own reasons.

What other factors can cause divorce?

There are many reasons why people get divorced. But no one can say that having lived a sufficient number of years in marriage, the matter will not come to court and divorce. Another interesting statistic can be cited to support this.

By years of marriage in percentage divorces appear like this:

up to 1 year - 3.6%
from 1 to 2 years - 16%
from 3 to 4 years - 18%
from 5 to 9 years - 28%
from 10 to 19 years old - 22%
from 20 years or more - 12.4%.

Also, according to research by sociologists, a more responsible period in family life is the age of spouses from 20 to 30 years. Marriages concluded before the age of 30 are approximately 2 times longer lasting than marriages concluded for spouses already over 30 years old.

This is due to the fact that it is much more difficult for people over 30 to adapt themselves to the requirements of a new spouse, and it is more difficult to get used to living together.

The age at which most divorces occur is between 18 and 35 years old. Moreover, the majority of respondents divorced at the age of 25 and above.

It is also worth noting that in different age categories Both men and women can initiate divorce. To a greater extent, under the age of 50, divorces are initiated by women. While after 50 they become men. There is a simple explanation why this happens. Spouses over 50 years of age, as a rule, already have adult children, which means that it will be possible to divorce without the participation of the court, in the absence common property, and the spouse will not have to pay alimony.

Indication of the reason for divorce in the application

Why you filed for divorce may be indicated different reasons. In Russia, the procedure for divorce is quite simple. You can get a divorce in court or the registry office by submitting an application to the relevant authority.

In 64% of cases, the court asks those divorcing to think about their decision and gives them a month to do so. Unfortunately, only about 7% of spouses withdraw their divorce petition.

The main reasons for divorce, which are indicated in applications:

Didn't work out family life;
Did not get along;
There are marital relations with other people;
Long-term separation;
Conflicts in the family.

In any case, divorce is deep family drama, which will not be easy for either side to survive. Children have a particularly difficult time coping with their parents' divorce. The worst consequence of divorce is the fact that the child will have to grow up in a dysfunctional family. After all, a child cannot understand why his parents don’t want to be together anymore. Whatever the reasons for divorce, it is worth carefully weighing the pros and cons before making a hasty decision. And if there is even the slightest chance to try to save the marriage, you should definitely use it. Remember, no matter why you got divorced, both spouses are always to blame.

Unfortunately, not every marriage is long-lasting and unique, and often couples who previously entered into a union decide to dissolve official relations. The simplified procedure for divorce involves the joint submission by spouses, by mutual consent, of a corresponding application to the registry office, however, there are situations in which divorce in judicial procedure simply necessary. The main reasons why divorce is carried out in court are:

the presence of disputed, jointly acquired property;
minor children;
unresolved child custody issue;
there is a dispute regarding the payment of funds for the maintenance of an incapacitated spouse.

If the dissolution of marital relations occurs by mutual consent, and the spouses do not have legal restrictions prohibiting this form of divorce - Family code The Russian Federation does not impose an obligation on the party to indicate the reason. Civil registry offices are also not empowered to require spouses to indicate the reason for divorce, but only register the fact of dissolution of official relations.

Any statement of claim must contain the plaintiff’s motivation. In other words, the applicant is obliged to clearly state his position and justify why the concluded union should be dissolved, taking into account, provided that it is agreed upon voluntarily It didn’t work out with the other spouse.

The main task of the judge is to establish an objective picture and study all the circumstances that led to the need to file such a claim.

Based on the facts and evidence provided, the judge makes a reasoned decision, according to which the plaintiff’s claims may be denied or satisfied.

Another question is what reasons for divorce can be indicated in a divorce claim so that the judge takes the side of the plaintiff.

Reasons for filing a claim

The plaintiff decides what reasons for divorce to indicate in the claim, and the law does not limit it in any way in its wording.

Judicial practice identifies the main causes of divorce for claims in divorce proceedings:

personal;
household;
material nature (the husband is not able to provide for the family);
treason;
intimate.

Personal

Human relationships are so multifaceted that it is simply impossible to immediately identify any personal repulsive traits or qualities in a spouse. As a rule, personal reasons may be the fading of feelings, manifestations of a feeling of neglect or systematic disrespect for each other.

It is important to understand that streamlined and general formulations are suitable if the subject of the dispute is only the dissolution of the marriage relationship, and there are no claims of a property nature, as well as the absence of joint children, otherwise the court will require detailed specification with evidentiary justification.

The main thing is that the statement of claim contains enough facts and grounds that will be considered by the court to make an appropriate decision.

The court will evaluate all evidence according to its own conviction, taking into account the norms of the law. Each party must present evidence in its favor.

Article 22 of the Family Code provides for the possibility of divorce if the court determines that it is impossible for the spouses to continue living together.