The procedure of a divorce for the Russian legislation is rather simple if spouses have nothing to divide among themselves. Nevertheless a number of factors can complicate process, for example, presence of the general minor children.
Instruction
1. Find out opinion of the spouse on that with whom there will live your children. Whenever possible come to the agreement in this question and also in that how often the parent living separately from the child will be able to visit him and to take to itself. Also discuss the amount of alimony and a form of their payment. Consider that the sum of such alimony by agreement cannot be less put under the law: 25% of the income of one of spouses - on one child, 33% - for two, 50% - for three and more children.
2. If you successfully agreed about future residence of the child and alimony, submit the application to magistrate's court at the place of residence of the second spouse. From this rule there is an exception: for example, when it is decided that the child it is necessary to live with you, it is necessary to file a lawsuit at the place of residence. Specify the cause of a divorce and also such circumstances in the statement as the number of joint children and whether you have an arrangement on guardianship over them and alimony and in what it consists. Enclose to the application the marriage certficate, the list of jointly acquired property, a photocopy of birth certificates of the general children and also the document on payment of the state fee. Also make with the spouse the draft agreement on guardianship over children and alimony.
3. At the conflict because of providing children and guardianship over them appeal for registration of a divorce to district court. At the same time along with the divorce suit submit also the application for definition of the residence of the child. Specify your wishes about guardianship over children in this supplemental claim. If you consider that your spouse for any reasons cannot entrust guardianship, document it and attach the corresponding papers to the claim.