Features of the divorce process in the presence of children

Divorce is a serious step. In such a situation, the issue of state duty is secondary. Married couples face a lot of problems: mutual claims, property disputes, disagreements regarding the maintenance and upbringing of a child, and much more.

At the same time, last year information appeared in the press that the divorce fee would once again increase. The rumor was not unfounded, since in September 2021 the Congress of the Federation Council confirmed this statement.

Perhaps such a decision by the authorities would force married couples to take a more responsible approach to marriage.

The information was not confirmed, and in 2021 the fee for divorce remained at the level of last year. We will talk about the mechanisms for calculating state fees, as well as how much spouses who decide to divorce will have to pay.

Increasing the state duty: pros and cons

Back in 2014, the State Duma proposed increasing the amount of official payment for divorce to 30 thousand rubles. The motive for such a tough legislative reform is well known: to reduce the number of divorces.

Indeed, in Russia the number of divorcing couples is huge; more than half of families break up. But is increasing the divorce fee a salvation in this situation?

Supporters of increasing the state duty assured that in such a situation, a man and a woman would weigh the pros and cons before legalizing the relationship. This will reduce the number of hasty marriages, and the fee charged for divorce will become a kind of fine. The money can be sent to an alimony fund or used to finance social programs.

Opponents of raising the state duty argued that the number of divorcing couples would not change. And the duty is 30 thousand rubles. will cause the spread of civil marriages. After all, an official marriage will be a trap from which you cannot escape without money. Russian men and women will not rush to legalize relationships, depriving their own children of protection and risking personal property. Official marriages and normal marriages will most likely become the exception.

There is another significant disadvantage that hinders the implementation of such reforms. The principles of the Family Code are as follows: marriages between men and women must be created and dissolved on a voluntary basis. No one, including the government, has the right to restrict the freedoms of citizens or interfere in family matters. And the increase in state duty to 30 thousand rubles, taking into account the minimum wage of 6 thousand rubles. It cannot be called anything other than interference in family relationships and a violation of the rights of men and women.

For this reason, the deputies’ decision to increase the amount of state duty did not receive support from the Ministry of Finance of the Russian Federation. In addition, the public actively opposed it, and the amount of the duty in 2015 increased slightly.

However, the costs associated with divorce include more than just state fees. It all depends on individual circumstances. It also depends on whether those getting divorced simply want to replenish the state budget in the form of a mandatory payment, or whether they need comprehensive legal support for the divorce process. In the latter case, the cost of divorce will increase significantly.

State duty of 30 thousand - why the initiative did not find support

Surely many Internet users found information that stated that starting in 2021, the state divorce fee will be increased to 30,000 rubles.

No one would have accepted this as truth if it had not been for the speech of our Prime Minister, who confirmed this fact.

Last year, the Russian Government talked about a possible increase in the state duty to this level, but this never happened. In their opinion, this could improve the situation and significantly reduce the number of divorces, but then it turned out that it would be ineffective and, moreover, many couples would completely refuse to legalize their relationship, afraid of paying such huge money if something happened.

For most Russian families, the state duty of 30 thousand will be unaffordable, but this will only become an impetus for the family to live separately, and be considered married and nothing more.

If we talk about young couples, then in this situation it would be better for them to live in a civil marriage, as they say “in a modern way,” rather than then, with every conflict, worry about a divorce that could take place.

That is why the Russian Government listened to the opinions of many experts and decided to stop this idea.

But you shouldn’t relax too much, because in 2021, according to Dmitry Medvedev, they will reconsider this issue again.

It is also worth emphasizing that almost half of the State Duma deputies opposed the bill to increase the state duty, considering it a pointless undertaking, therefore no increase in price is currently envisaged.

The amount of state duty for divorce in 2017

The state fee is charged regardless of whether the divorce takes place in the registry office or in court. A receipt for payment is a mandatory document attached to the application for divorce.

There are several factors that influence the final amount of state duty. Eg:

• whether the divorce will take place in court or through the registry office;
• the initiator of the divorce is one of the spouses, or it is a mutual desire;
• whether the couple has a minor child;
• whether the division of jointly acquired property will be carried out;
• what is the reason for divorce?

Article 25.3 of the Tax Code establishes the following amounts of state duty:

• 650 rub. – in case of divorce through the registry office, by mutual consent of both parties, without minor children. The state fee is paid by everyone.
• 650 rub. – in case of divorce through the court, each spouse pays or, by agreement, one of the parties.
• 350 rub. – in case of divorce through the registry office unilaterally. The state fee is charged to the applicant.

State duty for divorce through the registry office

The amount is 650 rubles. is charged to both husband and wife. Unilateral divorce in the presence of minor children is permitted if the second spouse:

• died or went missing;
• declared incompetent;
• sentenced to serve a prison sentence of more than 3 years.

In 2014, the state fee when filing an application for divorce was 450 rubles. This slight increase is due to increased inflation over the years.

State duty for divorce in court

A receipt for payment of state duty in the amount of 650 rubles is attached to the statement of claim for divorce. This is the case if the divorcees do not have property disputes.

Next, after receiving a court decision, the spouses must contact the registry office, register changes in marital status in the deed book, obtain a divorce certificate and put a mark in the passport. Each copy of the certificate will cost the divorcing person another 650 rubles.

Thus, both spouses will incur expenses in the amount of 1,950 rubles during a divorce through the court.

The calculation of the state duty is completely different if the statement of claim contains property claims. In this case, a fixed amount and a percentage of the appraised value of the property are charged. Thus, when filing a claim, a state fee is withheld in the amount of:

• 400 rubles – if the plaintiff claims a share in property not exceeding 20 thousand rubles;
• 800 rubles, if property claims do not exceed 100 thousand rubles. and 3% of the value of property valued at more than 20 thousand rubles;
• 3,200 rubles, if the plaintiff claims a share estimated from 100 to 200 thousand rubles. and 2% of the amount exceeding 100 thousand rubles;
• 5,200 rubles, if the plaintiff filed claims in the amount of 200 thousand rubles. up to 1 million rubles and 1% of the value of property valued at more than 200 thousand rubles;
• 13,500 rubles, if the applicant’s share exceeds 1 million rubles, 0.5% of the price of the property exceeding one million rubles.

The law establishes the maximum amount of state duty - 60 thousand rubles.

If you are wondering how long the divorce process will take in court, read this article.

Factors influencing the amount of state duty

The final amount of state duty for divorcing spouses will be calculated based on a number of factors:

• the presence of consent of both divorcing persons, that is, whether both spouses want to dissolve the marriage relationship, or whether one spouse initiates the divorce;
• the presence of common small children among divorcing citizens (mature common children are not taken into account here);
• method of dissolution of marriage relations (in court or in the registry office);
• reason for dissolving the marriage;
• the need for judicial division of marital property.

How to pay the state fee for divorce?

Thus, the price of divorce depends on many factors, but the payment process is unchanged. To pay the state fee, you need:

• contact the registry office or court and file for divorce;
• determine the amount of duty;
• receive a payment receipt from the registry office or court and fill it out;
• pay the state fee.

The application is submitted to the registry office at the place of residence of one of the spouses or at the place of marriage registration. Claims for divorce are considered by magistrates, district or city courts at the location of the plaintiff or defendant.

You will learn how to write a divorce application by reading our article.

Receipt of payment

Payment of the state duty occurs according to a receipt, which includes the following information:

• FULL NAME. payer;
• passport details, TIN;
• sum;
• basis of payment;
• name, details of the institution - recipient of the payment;
• bank details (bank name, account number);
• date of;
• signature.

Payment method

There are several payment methods:

• through a bank branch;
• via electronic wallet;
• through a self-service banking terminal;
• by bank card, via Internet banking.

Note! You should choose a payment method that will allow you to receive a receipt, check, statement or other document indicating the transfer of funds. A document confirming payment of the state fee must be attached to the application for divorce and to the claim. In its absence, neither the registry office nor the court will accept the claim for consideration.

Divorce document

The requirements for this type of document, which is a divorce certificate, are established by the norms of Art. 38 Federal Law dated November 15, 1997 N 143-FZ. Based on the provisions of this regulatory act, the certificate must contain the following information:

• Names, surnames and patronymics of the spouses who divorced. Full names are indicated in two versions: in the form in which they existed during the marriage and in the version that citizens wished to keep after its dissolution;
• places of birth of former spouses;
• nationality and citizenship of both persons divorcing;
• the date on which the marriage was dissolved;
• the date when the divorce record was drawn up;
• the number assigned to the divorce record;
• name of the body that made the recording and place of registration;
• data of the persons who received the document;
• the date on which the certificate was issued.

This document is provided to the parties by the civil registry office to which they submitted the application. A document is provided to each of the former spouses. The moment from which the marriage will be considered dissolved is the date when the corresponding entry was made in the registration book. If the divorce process took place in the courts, then the date on which the marriage will be considered dissolved will be the date on which the divorce decision made by the court came into force. These standards are established by the Family Code.

Refund of state duty. Payment validity period

• When dissolving a marriage through the registry office, the parties receive a divorce certificate 30 days after filing the application and paying the state fee. If the parties change their minds or for some other reason do not appear to register the divorce, the application is canceled. Funds paid are not refundable. Re-submitting an application also requires re-payment of the state fee.
• When filing a claim in court, the validity period of the fee is slightly different. After paying the funds, you can file a claim with the court within a year. If the applicant does not go to court, the previously transferred funds will not be returned.

However, some sources contain information about the 3-year validity period of the paid duty. We are talking about general statutes of limitations. However, it is possible that the details of the recipient or bank will change over such a long period of time.

• If there are shortcomings (the claim is incorrectly drawn up, the documents referred to by the applicant are missing), the judge may not accept the claim for consideration. In this case, the plaintiff should eliminate the existing problems, after which the application will be accepted. The filing fee paid will remain in effect.
• If a claim is denied, you cannot submit the same application again. The state fee paid when filing a claim is not refundable.

Divorce with three or more children

Divorce with three or more children is no different from the procedure for divorce with one minor child. Only if there is no child under 1 year among the children. Here Article 17 of the RF IC comes into force.

When divorcing with three or more children, you should be guided by Article 18 of the RF IC and Articles 21–23 of the RF IC.

The main difference between this divorce process and others is the amount of alimony awarded after the divorce. Their amount cannot be less than half the salary of the party paying alimony.

To assign a payment, you should be guided by the fifth section of the RF IC, which clearly indicates the following procedure for collecting alimony:

1. By mutual agreement.
2. By the tribunal's decision.

It is worth noting that the amount of alimony paid by mutual consent in a divorce with 3 children cannot be lower than what the plaintiff could claim through the court, that is, not lower than 50% of wages.

By the way, the court has the right to either reduce or increase the amount, depending on the financial situation of the parties and taking into account other circumstances.

Additional expenses

In the process of considering divorce cases, additional expenses may be required, the reimbursement of which is assigned to the parties.

Legal costs

This applies to statements of claim that contain a requirement for division of property or “children’s” issues. Such expenses include:

• payment for the examination performed;
• payment for the assessment of property or object;
• obtaining a specialist’s opinion (for example, establishing a procedure for dividing real estate) and so on.

Notary Services

Also, parties often apply for notarial acts. Expenses will be incurred for the preparation or notarization of the following documents:

• agreement between husband and wife on the child’s place of residence;
• property division agreements
• applications for divorce from one of the spouses who was unable to personally visit the registry office;
• power of attorney in the name of the representative participating in the divorce process, and so on.

We described in this article how to draw up an agreement on children upon divorce.

How much does it cost to get a divorce through court?

Divorce in the registry office is attractive in its simplicity, but this method is not available to everyone. The process of gaining freedom from family ties should not be burdened with additional disputes. In addition, the consent of both parties to this step is required.

If one spouse insists on preserving the marriage or makes related claims, the matter is resolved in court.

Filing a claim that does not contain a clause on the division of property will result in the payment of a state fee of 600 rubles. But that's not all the costs. After the authority makes a decision, the plaintiff will have to visit the registry office again to obtain the desired certificate. Such documentation of the divorce process will entail the payment of another 650 rubles. (this amount is the sum of the cost of each copy).

In total, the divorce will write off 1,250 rubles from your account, not counting the costs of lawyers.