What is the amount of the state fee for divorce in 2021 through the registry office and court

The procedure for registering a marriage relationship, as well as its termination, is a legal process that requires payment of a state fee. In 2021, the state fee for divorce will depend on the method in which the marriage is terminated. The cost of divorce proceedings in court is higher and is compensated equally by both spouses. When terminating a marriage by submitting an appropriate application to the registry office, the amount of the fee for registering the divorce will be paid only by the initiator of the procedure.

According to statistics, more than 30% of all marriages end in divorce. Most of these families end their marriage after the birth of children. And in order to improve these statistics and help preserve families, it was proposed to increase the amount of state duty for divorce to 30 thousand rubles.

The intended purpose of such funds is the formation of a financial fund from which money will be transferred for child support if the negligent parent evades his monetary obligations. But so far this proposal has not been fixed by law, so the amounts and rules of deductions will remain the same.

Where to file for divorce?

The application form is filled out by one of the parties, even if the divorce is fully agreed upon. If a claim is filed in court, the other party acts as a defendant.

An application for divorce is submitted to the following authorities:

• in the registry office , if the spouses have reached a mutual agreement, have no claims against each other and they do not have minor children (read the article about the state fee for divorce through the registry office:);
• in the magistrate’s court in a situation where the spouses have no disputes, but have minor children;
• to the district court in the absence of the consent of the second spouse, if there are disputes regarding the further residence of children, alimony payments and the division of jointly acquired property.

The statement of claim is filed with the court at the place of residence. If it is separate, it is allowed to file it in the region where one of the parties lives. If you have minor children, it is recommended to file a claim at their place of residence.

Cost of state duty

The amount of the state duty has a clear meaning, which does not change depending on the wishes of the spouses. So, for example, if one of the members of the former cell of society does not want to pay this tax, then representatives of the authorities will not accept his application for divorce.

At the same time , neither a poor financial situation nor other difficulties will affect the reduction of the state duty prescribed in Article 333.26 of the Tax Code of the Russian Federation. It states that the cost of divorce through the registry office in 2021 is either 1300 rubles , which are divided into 2, or 350 rubles.

By the way, from the day when the application for divorce was submitted to the relevant authority until the issuance of the certificate, not much time passes (1 month). Simply put, the faster the divorce is needed, the faster the spouses must pay the specified fee.

Attention! Carefully check the divorce certificate and immediately point out errors, if any, to the registry office staff. After all, document correction sometimes takes a lot of time.

Divorce procedure

The stages of the divorce process are determined based on its conditions. If the statement of claim is filed with the registry office, the parties have no claims and there are no minor children, the divorce procedure is simplified. The parties are given the minimum month required by law for reconciliation. If this does not follow, a divorce certificate is issued.

The procedure for divorce through the court is determined by the following stages:

• the necessary documents are prepared, the statement of claim to the court indicates the grounds for divorce, supported by evidence;
• the court accepts the claim and sets a date for the first hearing no less than a month after filing the application;
• the hearing examines the grounds for divorce, claims and options for preserving the marriage;
• if the parties have no disputes and all issues have already been resolved, based on the results of the meeting, a decision on divorce is made within a month and sent to the registry office;
• if one of the spouses does not agree to divorce, the court determines an additional period for reconciliation, this can be appointed several times, but in total no more than six months;
• if one of the spouses fails to appear, the court postpones the hearing to another date or holds it in the absence of one of the parties by its decision; it is allowed to reschedule the hearing twice;
• Based on the court order, the parties are issued a divorce certificate.

Spouses can initiate a staged divorce procedure. If both agree to divorce, a claim is filed in the magistrate's court. After receiving the divorce certificate within the second month, a separate application is submitted to the court for the division of property if there are disputes regarding it.

Amount of duty for division of property in court

If the spouses decide to divorce and additionally have to divide joint property, then the payment of state duty will be based on the following indicators:

• compensation for the cost of legal services;
• payment of a percentage of the total value of the claim (that is, the total value of the property in respect of which the dispute is ongoing).

Establishing the price of a dispute can occur through several mechanisms. The first is to carry out an up-to-date assessment of the property. This is the most convenient way, since neither party will be able to receive more property than is required by law.

The second option is to independently declare the price, but the judge may take into account documentary evidence presented by the second party (the defendant). The third method is to calculate the price based on the title documents for each property.

List of documents attached to the statement of claim

Along with the claim for divorce, the following list of documents :

• plaintiff's identity card;
• receipt of payment of the state duty (read about the amount of the state duty for registering a marriage here:);
• original marriage certificate;
• originals or notarized copies of birth certificates of all minor children;
• certificate of family composition - issued by the management company at the applicant’s place of residence;
• if there are disputes regarding alimony, documents confirming the earnings of each party are provided;
• if a marriage contract was concluded, then in case of property disputes its original is provided;
• if the second spouse has no complaints and agrees with the divorce, his notarized statement of consent is attached to the documents;
• In case of property disputes, documents for the disputed property are submitted.

If there are no separate papers and the second party does not agree to provide them, the statement of claim for divorce indicates the need for the defendant to provide the necessary documentation.

Grounds for termination of marriage

The grounds for divorce are regulated by Article 16 of the Family Code of the Russian Federation. She points out the following options for dissolving family relationships:

• death of one of the spouses;
• the court recognizes one of the spouses as deceased if he is missing and has been absent for more than five years;
• divorce by mutual consent;
• termination on the initiative of one of the spouses;
• divorce based on the application of the guardian of the spouse declared incompetent.

Separately, we should consider the grounds for divorce that are indicated in the statement of claim. These include the following reasons :

• personal - lack of previous feelings, affection, loss of trust, hostility;
• domestic - alcohol, drug or other addiction in one of the spouses, psychological pressure, violence, indifference to solving everyday problems in housekeeping and raising children;
• material - the lack of desire of one of the parties to ensure the material well-being of the family, leading a wasteful lifestyle, lack of funds for a normal level of well-being.

Individual intimate reasons may also serve as grounds, but their detailed indication is not encouraged. They are limited to general formulations about the incompatibility of characters. The main aspect that you should pay attention to is the impossibility of further life together .

Divorce is also carried out unilaterally under the following conditions:

• the other party is declared incompetent;
• the spouse has gone missing and been absent for five years;
• there is a court sentence that has entered into force depriving the spouse of liberty for a term of more than three years.

The last paragraph allows for a simplified divorce procedure through the registry office, even if the spouse disagrees. However, the presence of property disputes requires resolution of the conflict through the courts.

Fee at the registry office for a divorce certificate

Regardless of the method in which the divorce is filed, a receipt for payment of the state fee must be drawn up on the day of divorce. The receipt must be personal and must be submitted to the registry office (to the court) along with other mandatory documents.

According to the general rule, obtaining a certificate of divorce from the registry office is possible only with the mutual consent of both spouses. The following conditions must also be met:

• the legal capacity of the husband and wife, allowing independent participation in the process;
• the absence of common children for whom custody issues have to be resolved;
• there is no need to divide jointly acquired property;
• The application is submitted simultaneously by both spouses.

There are exceptions to this rule that allow unilateral initiation of the procedure. These include:

• recognition of the second spouse as missing;
• the husband or wife has been deprived of liberty for a period of more than three years as part of criminal proceedings (after the court verdict has entered into legal force);
• recognition of one of the partners as incompetent (it is necessary to obtain an expert opinion and a corresponding court decision).

Sample application for divorce in court

The sample statement of claim for divorce does not have a standard form and is drawn up in any form. When writing, they are guided by the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation. The document specifies the following aspects:

• full name of the court to which the claim is filed;
• information on the plaintiff - name, residence and registration address, identity card details, contact details;
• similar information about the defendant;
• information about the marriage - when and where it was concluded, details of the certificate;
• information about common minor children - names, ages, details of birth certificates;
• reasons why further life together is impossible;
• information about pre-trial settlement of disputes, the presence or absence of claims;
• list of documents that are attached to the claim.

The statement of claim for divorce is sealed with the date and signature of the plaintiff. It is compiled in triplicate.

Where can I pay the state fee for divorce?

In order for the court (registry office employee) to accept the receipt and attach it to the case materials, it is necessary to check that the following information appears on the payment documents:

• legal address and name of the body into whose account the money is deposited;
• the name of the financial institution performing the transaction;
• Full name of the payer;
• purpose of the transfer;
• amount of deductions;
• Date of operation.

As noted above, the following options are available for paying bills using the following details:

• bank branch;
• terminal;
• Internet banking;
• State Services website;
• online wallet.

Regardless of the method chosen, you need to be sure that you will be able to produce a payment receipt. Without it, it will not be possible to confirm the payment.

Court hearing on divorce of spouses

Based on the filed claim, the court sets the time and place for the hearing. It can be announced immediately or through notification within two weeks from filing the application with the court.

You must come to the hearing in person; one of the parties is allowed to file a motion to resolve the case in its absence. The defendant may also send a statement to the court agreeing with the claim or objecting to it. The procedure for considering a case at a court session is determined by the following stages:

• the court ascertains the consent of the other party to the divorce; if it exists, the divorce is carried out without further proceedings;
• in the absence of agreement, the meeting considers the reasons for the divorce and the possibility of preserving the family, an additional period of three months is assigned for reconciliation;
• a second meeting is scheduled and if the claims are not waived, the marriage is dissolved;
• The divorce decision comes into force within a month; the defendant’s appeal postpones this period until it is considered by the court.

If one of the parties fails to appear at the court hearing and there is no corresponding petition, the hearing may be postponed to another date. Two such transfers are allowed; for the third time, the court considers the case in the absence of one of the spouses.

How to pay the state fee for divorce?

The algorithm for depositing funds to pay the state duty is as follows:

• choosing the method in which the divorce will be initiated;
• calculation of the cost of the mandatory payment (you can do this yourself or by requesting the help of a civil registry office or court employee);
• obtaining from the competent authority details for payment of contributions;
• depositing funds.

To transfer money, you can contact a branch of any national bank or use a payment terminal. But you can also pay the state fee online using the State Services service. The main thing is to pre-register in the system.

How long does a divorce last?

The duration of the divorce process depends on the requirements of the statement of claim and the consent of the parties. The consideration of the case is based on certain deadlines:

• the first meeting is scheduled no earlier than a month after the filing of the statement of claim in court; until its expiration, the divorce is not carried out;
• the defendant’s disagreement with termination leads to the appointment of an additional three months for reconciliation of the parties;
• Failure to appear by one of the parties entails the postponement of the meeting; an extension of the term is also allowed up to three months ;
• property disputes and other disagreements extend the consideration period to six months .

If a divorce needs to be obtained in a short time, it is recommended to divide the divorce into two stages. In the first, a claim for divorce is filed, in the second, a separate claim for division of property is filed. This option is relevant if the defendant agrees to divorce, but if there are disputes over jointly acquired property.

Lack of consent to divorce of one of the spouses

Failure to consent to the divorce of one of the spouses entails consideration of the case in a district court. The hearing focuses on the reasons for the dissolution of the marriage. If it becomes clear that it is impossible to maintain family relationships, a decision is made to divorce.

The deliberate failure of the defendant to appear delays the consideration of the case. However, the court has the right to hold a hearing in the absence of the other party without postponing the hearing.

A number of situations allow you to divorce without the consent of the defendant unilaterally :

• husband in prison, sentenced to imprisonment for a term of more than three years;
• the other party is declared incompetent;
• one of the spouses is considered dead if nothing is known about him for 5 years.

It should be emphasized that in these situations, only unilateral divorce is allowed. Property disputes are resolved according to standard procedures.

Avoidance of divorce proceedings

Article 21 of the RF IC provides for a situation where one of the parties evades the divorce procedure. In this case, family relationships are dissolved only through the court.

If the defendant fails to appear, the court checks whether he has received a summons about the place and time of the hearing. If the notification procedure was carried out properly, and there were no valid reasons for absence or petitions, the court has the right to consider the failure to appear as deliberate evasion and delay of the process. Accordingly, a decision is made on office work in the absence of one of the parties.

Additional expenses upon divorce

It is important to understand in advance that in the event of a divorce through the court, especially with additional requirements being put forward, the matter is unlikely to be limited to state fees alone. For example:

• with a high probability, an expert assessment of the value of property, the psychological state of children, etc. may be required;
• competent preparation or certification of certain documents by a notary is also a separate and significant expense item;
• in case of difficult and ambiguous situations, you may need to consult a lawyer, etc.

The more issues regarding divorce the spouses can resolve on their own , without involving additional authorities, the cheaper the divorce procedure will cost them in the end.

Divorce through court with children in 2018

When dissolving a marriage, common minor children are taken into account. If there are any, divorce is carried out only through the court.

If there is an agreement between the parties on the residence of the children and their maintenance, the divorce process is conducted by a magistrate court. The presence of claims requires consideration of the case in the district court.

Divorce procedure

The procedure for divorce in the presence of children is determined by two conditions - the agreement of the spouses and the age of the child:

• with the consent of the parties and there are no claims to the residence, registration and provision of the child, the marriage is dissolved without obstacles;
• if the wife is pregnant or the child is under one year old, the husband cannot divorce her without her consent;
• until the baby is three years old, the spouse undertakes to support not only him, but his mother;
• The court asks a child over 10 years old who he would like to live with.

Adult children are considered old enough and their presence is not taken into account in a divorce.

Sample application for divorce with children 2021

When drawing up a statement of claim to the court, you should indicate certain information about children:

• the name of each of the children under age;
• full age including date of birth;
• existence of an agreement - where and with whom they will live, how to provide for themselves;
• in the absence of agreement - an indication of the claims and the grounds for them.

Children from other marriages remain with their parent, however, in a number of situations, the other party can challenge this option through the court and obtain guardianship.

Alimony

The parties can independently agree on the payment of alimony and child support. In court, the payment of alimony is assigned under the following conditions :

• the child is provided for by the second parent until he reaches adulthood or gets married; when entering a university for full-time study, the period increases until he reaches 24 years of age;
• Child support is collected from the mother subject to her ability to work;
• if each parent has a child, no alimony is assigned; in case of unequal distribution, the court considers the situation on an individual basis.

In certain situations, payment of alimony for the maintenance of the mother :

• during pregnancy;
• during maternity leave until the baby reaches three years of age;
• when supporting a disabled child;
• if the spouse is disabled, has reached retirement age or has a disability status.

When assigning alimony, the court considers the financial status of the spouses and earnings. If there is no need for additional maintenance, then payments are not assigned.

State fee for divorce, cost of lawyer services

The question of how much a divorce costs is regulated by Article 333.26 of the Tax Code of the Russian Federation. According to it, the state duty for registering a divorce is 650 rubles for each spouse . If the marriage is dissolved unilaterally, a state fee of 350 rubles .

For 2021, the following costs are included in the divorce process:

• of 600 rubles is paid for consideration of the case by the court ;
• under the same article, a claim of a property nature is calculated when dividing property, the cost of the issue is taken into account, the amount of state duty charged can reach up to 60 thousand rubles ;
• notary services for the preparation and certification of documents - their cost is determined individually;
• legal support and services of a lawyer - their cost is also determined by the volume of services and the qualifications of the lawyer; in Moscow, consultation with a lawyer requires up to a thousand rubles , his representation and management of the case - from 10 thousand .

You can request the services of a lawyer on our website. Individual consultation on a specific issue will help solve the problem in a short time and without extra costs.

State duty for divorce in 2021 through the court

If the situation does not fall under any of those described above, the marriage can only be dissolved through the court. This is where you will need to file a claim for divorce. The state fee for this judicial procedure is in accordance with clause 5, part 1, art. 333.19 of the Tax Code of the Russian Federation is 600 rubles only the plaintiff pays it .

In cases where, in addition to divorce, additional requirements , an additional fee is provided for each of them:

1. Issues regarding the future of minor children are often resolved in court. Such requirements are non-proprietary character, and for any of them in accordance with clause 3, part 1, art. 333.19 of the Tax Code, the state duty will be 300 rubles. This, for example, concerns disputes between spouses on the following issues:
   which parent the children will live with after the divorce;
2. determining the order of communication between children and the parent who does not live with them.
3. In cases where a request for collection of alimony a duty of 150 rubles (Clause 14 Part 1 of the same article), while in accordance with Clause 2 Part 1 Art. 333.36 Tax Code of the Russian Federation plaintiff is released from paying it.

   If, according to a court decision, alimony is relied upon not only to support the children, but also the plaintiff, then the state duty is doubled , and the defendant also pays it. In this case, for example, an ex-wife can apply for alimony during pregnancy and until their common child turns 3 years old. This and a number of other situations are described in detail in Art. 90 RF IC.

4. In addition, perhaps the most common problem is the division of property , and this is the most expensive part of the divorce process. The amount of state duty depends on the total value of the property and is calculated according to the table.

Table - State duty for the division of property of spouses in 2021

Important! All state fees provided for a divorce through the court are summed up if there are various requirements.

After a positive court decision, you will need to contact the registry office to obtain a divorce certificate. There is also a fee for this procedure, which, as noted earlier, is 650 rubles for each spouse .