Divorce in court - dissolution of marriage in Lyubertsy in 2021

Briefly about the main thing

• If the husband and wife agree to divorce and they do not have children aged 0 to 17 years inclusive, then they can apply for divorce through the registry office;
• You can submit an application through the civil registry office (where the marriage took place, or at the place of registration of the husband or wife), through the MFC or State Services;
• If one of the spouses is in another city, he can send an application certified by a notary and a receipt for payment of the state fee to the second spouse to file a divorce;
• If the husband or wife is deprived of legal capacity, declared missing, or is serving a prison sentence of 3 years or more, then the second spouse can divorce through the registry office without his consent;
• The maximum waiting period for a divorce at the registry office is 30 days from the date of filing the application;
• The cost of the procedure in 2021 is 650 rubles. from each spouse.

Judicial district of the magistrate No. 114 - Lyubertsy

Organization data

On the map

Rules for divorce through the registry office

You can apply for divorce through the registry office in the following cases:

1. The husband and wife agree to divorce and they do not have children between the ages of 0 and 17 together.

Example

Anna and Valery decided to file for divorce. Their joint daughter turned 19 years old, both spouses agreed to dissolve the marriage. Therefore, they contacted the registry office. But their friends Yuri and Svetlana have a 3-year-old child. They will not be able to get a divorce through the registry office; they will need to get a divorce through the court. Read more about this here.

1. The husband or wife is deprived of legal capacity, declared missing, or is serving a sentence in prison for a term of 3 years or more.

In other cases, divorce can only be done through the court.

By common decision of the spouses

If the husband and wife agree to divorce and they do not have common minor children, then they can submit a joint application to the registry office. To do this you need:

1. Contact the civil registry office where the marriage was registered, or the place of registration of one of the spouses.

You need to have a civil passport and marriage certificate with you. If the application is submitted to the department where the marriage took place, then the certificate does not need to be presented.

1. Fill out the application form No. 9.

The application must be filled out manually. The right half of the form is for the husband, the left is for the wife. The application must indicate what surname each spouse wants to receive after the divorce. The wife can return to her maiden name or keep her husband's last name.

The application form will be given to you at the registry office, or you can download it from our website and fill it out in advance. We also attach a sample form.

1. Pay the state fee.

Each spouse must pay 650 rubles. Payment details must be obtained from the registry office where the divorce will be filed. A receipt for payment is attached to the application, so you need to make the payment through a bank branch, ATM or terminal.

1. Obtain a divorce certificate.

Either spouse must appear at the civil registry office to receive a certificate. The day of issue will be determined by a specialist from the Civil Registry Office. Typically, this is the first business day 30 days after submitting the application. The specialist will stamp “Explored” on the marriage certificate, make an entry about the divorce in the passport and issue documents.

If no one shows up on the appointed day, then the marriage remains valid. The state fee in this case is not refunded. You will have to apply again to get a divorce.

Unilaterally

In special situations, you can file a divorce through the registry office without the consent of your spouse. Art. 19 of the RF IC provides for this possibility if the second spouse:

• Declared missing in court;
• Deprived of legal capacity;
• Sentenced to serve a sentence of at least 3 years.

In such cases, you can submit an application to the registry office, even if the couple has common children under the age of 18. All controversial issues about children and property can be resolved in court after a divorce.

You cannot file a divorce through the registry office in the following cases:

• If the husband wants to file for divorce, but the wife is against it;
• If both spouses agree, but they have common minor children;
• If one of the spouses is declared missing, incompetent or convicted, but there is no court decision or sentence.

It is not necessary to file for divorce unilaterally. For example, a missing person can be declared dead 5 years from the date of disappearance. In this case, the wife becomes the primary heir. If the divorce has been finalized, she loses this right.

A similar situation exists with an incapacitated spouse. The wife retains the opportunity to receive an inheritance after his death only until divorce.

But if the decision to divorce is made, you need to act as follows:

1. Obtain a court decision recognizing the spouse as missing or missing, or a sentence.

The court decision and sentence will be sent by mail within 5 days after delivery. But they will come into force in 30 days. If spouses are registered at the same address, then there will be no problems with receipt. If the spouses are registered and lived in different apartments, then you can get a decision at the court office. After 30 days from the date of issuance, you need to contact the office and put a stamp on entry into legal force.

Judicial precinct of the magistrate No. 112 - Lyubertsy

Organization data

Road map

Cost of divorce through the registry office

When submitting an application to the registry office, by mutual agreement, the spouses must pay 650 rubles. from each (Article 333.36 of the Tax Code of the Russian Federation). These can be 2 receipts for 650 rubles. or one receipt for 1,300 rubles.

Payment must be made so that there is a receipt. That is, through a bank branch, through ATMs or terminals. As a rule, payment terminals are located in the registry office or MFC departments.

If the application is submitted through State Services, then payment can be made on the website with a 30% discount. In this case, a receipt is not required.

If the divorce is filed unilaterally, the state fee will be 300 rubles. It is paid only by the applicant.

Judicial precinct of the magistrate No. 113 - Lyubertsy

Organization data

Road map

How to apply for divorce at the registry office?

You can submit an application in the following ways:

• Through the Civil Registry Office;
• Through MFC;
• Through State Services.

Each option has its own characteristics. Let's look at what they are.

To the registry office

You can apply for divorce to one of the following departments of the registry office:

• the department where the marriage was registered;
• department, which is located at the place of registration of one of the spouses.

If the application is submitted unilaterally, then the applicant can only apply at the place of marriage or the place of his registration. You cannot contact other departments of the registry office.

Before applying, you need to check the department’s visiting days. This can be done by phone or on the organization’s website.

Through MFC

Through the MFC you can only submit an application to the registry office. To complete the divorce procedure, you will need to contact the registry office, which you can select when submitting documents.

Advantages of filing an application through the MFC:

• An appeal to the MFC has the same legal force as filing an application through the registry office.
• You can submit an application to the MFC in all cases when a divorce occurs through the registry office.
• Most civil registry offices are open Monday to Friday from 9:00 to 17:00. And some MFC branches are open from Monday to Saturday from 08.00 to 20.00.

Service at the MFC is carried out on an electronic queue basis. You can get a coupon directly at the MFC branch or on the My Documents website. The applicant can take an electronic ticket and come at the appointed time without queuing.

The MFC operator fills out the divorce application himself and allows the spouses to sign it. He will scan the documents and return the originals. After which the operator will set a day for re-appearance, offer to select a registry office department and issue a receipt for acceptance of documents. On the appointed date, the spouses must appear to complete the divorce process not at the MFC branch, but at the selected registry office department.

Judicial precinct of the magistrate No. 110 - Lyubertsy

Institution data

Map and address

Life situations

Let's look at popular life situations during divorce.

How to divide property during a divorce through the registry office

If the family law agrees to a divorce and they do not have minor children, then it is more convenient to file an application for divorce at the registry office. And property issues should be resolved separately. If you combine a claim for divorce and division of property, the divorce procedure may drag on indefinitely.

You can divide property during a divorce through the registry office in the following ways:

1. By agreement on the division of property.

A separation agreement is an agreement between spouses regarding the division of property that is already owned by the spouses. It is drawn up in writing and certified by a notary. The document can be drawn up during the marriage and within 3 years after the divorce. With the help of an agreement, it is possible to divide the personal and joint property of the spouses. It can only be drawn up with the consent of each spouse. After completing the agreement, the spouses must contact the authorized bodies to re-register the property in their name.

Example

Mikhail and Ekaterina decided to get a divorce. They submitted a joint application to the registry office. They had no disputes over joint property. So they went to a notary and entered into an agreement. Mikhail received 2 cars and a bank account, and Ekaterina received an apartment.

2. Through the court.

If the spouses cannot divide the property voluntarily, then either of them can go to court. To do this, you need to prepare documents for the property, file a claim and pay a fee, depending on the value of the disputed property. The property division process can last from 2 months to several years.

Spouses go to court if:

• They could not agree on the size of shares in joint ownership. Art. 39 of the RF IC establishes that spouses have the right to equal shares in joint property. But the spouse with whom the joint minor child remains to live can claim a larger share.
• The husband wants to receive a share of his wife's personal property. Property purchased before marriage, with personal money, received as an inheritance or as a gift, is the personal property of the spouse and is not divided upon divorce. But, if the second spouse has significantly improved this property with his money or his labor, then he can demand compensation.
• One of the spouses wants to challenge the prenuptial agreement or property division agreement. Both documents must be certified by a notary, so they can be challenged only in exceptional cases. For example, if, according to the terms, all property is transferred to one spouse, and the other is left with nothing.

3. In accordance with the marriage contract.

Without an agreement, each spouse has the right to ½ share in the jointly acquired property; the personal property of the spouses is not divided. But a prenuptial agreement can change that. Spouses can themselves determine the size of their shares in personal and common property, and the procedure for paying common debts. However, according to the agreement, one of the spouses cannot be completely deprived of property; in this case, the document can be challenged in court.

For a document to come into force, it must be certified by a notary. If the contract is concluded between the bride and groom before marriage, it will come into force only after the marriage. In a marriage contract, the parties can provide for the procedure for dividing property in the event of divorce. The agreement remains valid in the part regarding the division of property even after a divorce.

Example

Vika received a salary of 100,000 rubles per month, and Timur - 40,000 rubles. Before marriage, Timur and Vika entered into a marriage contract. According to the terms, Vika takes out a mortgage on herself and pays it off with her own money. And Timur does not have rights to the apartment, although it will be purchased during marriage. All other property acquired during marriage is divided equally between the spouses. After 5 years, the couple decided to divorce. They submitted an application to the registry office. The property was divided in accordance with the agreement.

When can you get a divorce through the registry office if you have children?

If there are joint or adopted children aged 0 to 17 years, then it is impossible to file an application for divorce through the registry office, even if both spouses agree to divorce.

But there are situations when there is a child in the family, but divorce is allowed through the registry office:

1. The child was adopted by one of the spouses.

If one of the spouses was unable to complete the adoption documents (did not pass the commission due to health reasons, did not complete training), then the second spouse who received permission can become the adoptive parent. In this case, the child is considered a relative only to the adoptive parent. Therefore, a couple can file for divorce through the registry office.

Example

Ilya and Irina wanted to adopt a child, but Ilya had a malignant tumor. Oncology is a disease with which you cannot be an adoptive parent. Therefore, Irina collected documents and formalized the adoption of a 2-year-old girl. After 3 years, the couple decided to divorce. The girl is considered Irina’s child; Ilya does not have parental rights. Therefore, they filed for divorce through the registry office.

1. The family raised a child of one of the spouses.

If before marriage the wife had a child and the husband did not adopt him, then the divorce is filed as in relation to a childless family.

Example

Valentina and Ivan got married. For Valentina this was the second marriage. From the first she had a son, Kirill, 4 years old. After 2 years, the couple decided to separate. They filed an application for divorce with the registry office, since they did not have children together.

1. Children in their care are raised in the family. When registering guardianship, one guardian is usually appointed. The spouse who is the guardian remains to live with the children. The second spouse is free from obligations to the ward.

Example

Oleg and Ulyana were married for 3 years and they did not have children of their own. Ulyana took custody of her 5-year-old niece. A year later, the couple decided to separate. The legal representative of the niece is Ulyana. Oleg cannot lay claim to the child. Therefore, they can apply through the registry office.

1. The family has adopted children.

Both spouses can be adoptive parents. The agreement on the creation of a foster family states how responsibilities regarding children and remuneration for their upbringing are distributed between the husband and wife. In the event of a divorce, the spouses must decide on the residence of the wards with specialists from the guardianship department. But this is not an obstacle to divorce through the registry office.

Example

Veronica and Victor created a foster family. They raised 2 boys, 12 years old, and a girl, 5 years old. The couple decided to divorce. They filed for divorce through the registry office. And then they turned to the guardianship department to determine with whom the children would live. The boys decided to live with Victor, and Veronica took the girl.

1. All children have reached 18 years of age. If all joint and adopted children have reached the age of 18, then the spouses can freely submit an application to the registry office.

Why do you need a divorce certificate?

A divorce certificate is a document that is needed in the following cases:

1. To confirm the divorce.

When a citizen changes his passport upon reaching the age of 20 and 45 or restores it in case of loss, the divorce stamp is not placed in the passport. The fact of divorce can only be confirmed by evidence. This may be required when applying for a civil service job or for a new marriage.

1. To confirm the last name change.

If a spouse took the surname of the second spouse during marriage, then to confirm all premarital documents you will have to present a divorce certificate.

Example

Elena received her diploma before marriage. It contained her maiden name. Upon marriage, she took her husband's surname and kept it after the divorce. To confirm your diploma for employment, you will need a divorce certificate.

At the end of 2021, a bill was being considered to abolish the paper divorce certificate. Civil registry records regarding divorce are planned to be processed electronically. How this will be implemented in practice is still unclear.

What reason should I include in my divorce application to get a divorce faster?

In the application for divorce through the registry office, the reason is not indicated. If the statement of claim for a divorce through the court indicates that the spouse is a drug addict, alcoholic, or committed a crime against the life and health of the second spouse, then the court will not give a period for reconciliation. The decision will be made at the first meeting. But the claim will need to be accompanied by evidence of alcoholism, drug addiction or the commission of a crime.

Is it possible to get a divorce in one day by mutual consent?

From the moment of filing the application through the registry office, 30 days must pass before the divorce. If you submit an application through State Services or through the MFC, you will only have to visit the civil registry office once (upon receiving the certificate).

How to obtain a divorce certificate through State Services?

To obtain a divorce certificate, you need to contact the civil registry office, which the spouses select when submitting the application. If on the appointed day neither of the spouses comes to the registry office, then the marriage will not be dissolved. Therefore, you must come for a certificate.

Is it possible to apply for divorce at any registry office?

No. An application for divorce can only be submitted at the registry office at the place of marriage or at the place of registration of one of the spouses.

Judicial precinct of the magistrate No. 115 - Lyubertsy

Organization data

On the map

Remember

1. In order to get a divorce through the registry office in the general manner, the spouses must agree to the divorce and they must not have common children under the age of 18.
2. To obtain a unilateral divorce, you must present a court decision declaring the second spouse incompetent, missing, or a sentence convicting him for a term of 3 years or more.
3. You can submit an application to the registry office at the place of registration or at the place of marriage.
4. You can only submit an application through the MFC or State Services. A divorce can be finalized only at the Civil Registry Office.
5. Divorce through the registry office is formalized within 30 days. One of the spouses must appear on the appointed day, otherwise the divorce will not take place.

Video for Dessert: 10 Incredible Houses Worth Seeing

Judicial precinct of the magistrate No. 111 - Lyubertsy

Institution data

Address on the map

Judicial precinct of the magistrate No. 119 - Lyubertsy

Institution data

Map

Judicial precinct of the magistrate No. 117 - Lyubertsy

Organization data

Map and address

Judicial district of the magistrate No. 304 - Lyubertsy

Institution data

Address on the map

Lyubertsy City Court - Lyubertsy

Organization data

Judicial district of the magistrate No. 118 - Lyubertsy

Institution data

Map

Judicial district of the magistrate No. 321 - Lyubertsy

Organization data

Address on the map

Judicial district of the magistrate No. 116 - Lyubertsy

Organization data

Map