2018-2019: How much does a divorce through court or registry office cost? Amount of state duty for divorce. Lawyer's advice.

The dissolution of a marriage, on the one hand, is a denouement in the history of spouses who do not understand each other, on the other hand, it is of a heavy emotional nature and psychological pressure when it comes to the further education of minor family members.

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The presence of young children between spouses not only pits parents against each other in court, but also exposes them to the cost of the entire divorce process.

Methods of divorce

There are three ways to dissolve a marriage between spouses:

• through the registry office;
• in the magistrate's court;
• in a district or city court.

Only spouses who have no property claims against each other, no encumbrances, or offspring will be able to obtain a certificate of divorce from the registry office.

However, there are three circumstances that allow you to get a divorce through the registry office if you have minor dependents:

• recognized incapacity of one of the parents;
• missing spouse;
• serving time in prison by husband or wife.

The law stands on the side of the interests of small family members, therefore it obliges parents to meet in court. The fastest, most painless and less bureaucratic process will be with a magistrate.

But for this, the husband and wife must agree without claims about the place of residence, the amount of maintenance, the schedule of meetings and participation in raising the offspring.

If one of the parents does not agree to give the child up to the other and disputes the amount of alimony, then the issue will take a long time to resolve in the district or city court at the defendant’s place of residence.

Application Form

In the application for the issuance of a second certificate of annulment of marriage, you must fill out the following information:

1. Passport data and information about the applicant. They will be filled in automatically, since this information is required when registering on the portal.
2. Data from the civil status act. You can ask your ex-spouse.
3. Selecting the place from which to pick up the document (at the place of registration, stay or at the discretion of the applicant) and a convenient date.

The last point is payment of the state fee; without making a mandatory fee, the application will be returned back to the applicant. The date and time of the department visit will be cancelled.

Features of divorce in the presence of children of a certain age

It happens that getting a divorce is not at all easy for a number of reasons, which are enshrined in the Family Code of the Russian Federation. In particular, a ban is introduced on the husband filing an application for dissolution of the union.

Divorce during pregnancy

Article 17 of the RF IC provides for a prohibition on the dissolution of a union by a spouse if his wife is pregnant. However, with the consent of the pregnant woman, the marriage can still be dissolved.

If the child is under 1 year old

The same article applies to a newborn baby, so the initiation of divorce proceedings is allowed only 12 months after birth. The same restrictions apply if the baby is stillborn or died before 1 year of age.

If the child is under 3 years old

Prohibitions on filing an application are lifted if the child is between 1 and 3 years old. But there is one caveat. The plaintiff spouse will be required to pay alimony not only for the baby, but also for the mother as the child’s temporarily incapacitated guardian. This provision is spelled out in Article 90 of the RF IC.

Obtaining a copy of the divorce certificate

If the certificate of termination of marriage is lost or damaged, you can obtain a duplicate of it, since the law provides for a special procedure for restoring the certificate. How to obtain divorce certificates to replace lost or damaged ones is described in detail below.

The applicant or his representative, by notarized power of attorney, may apply:

1. To the state civil registry office that issued the original divorce certificate. Production takes about 10 calendar days, and if applied in person, the document is printed on the day of the visit.
2. To any other state civil registry office located in Russia. In this case, production can take up to six months, and if you apply in person, the document is printed on the day of the visit.

The required package of documents consists of:

• statements based on the nineteenth form. Its form can be found here;
• passports with a mark on the marital status page;
• a check confirming the transfer of the required amount of money to the state as payment of the fee. Details for the state fee can be obtained from the civil registry office or on their website.

The application must include the following information:

1. The name of the civil registration agency to which the request is sent.
2. Information about the applicant, in particular, last name, patronymic, first name, telephone number and address.
3. Information about the person with whom the applicant was previously in a marital relationship, namely: full name, telephone number and address.
4. The name of the state civil registry office that carried out the marriage procedure.
5. The surname of the former spouse, which was written on the original certificate.

You can fill out the application either manually or on the computer. When writing by hand, it is advisable to use block letters, be careful and avoid spelling errors.

In some cases, applicants may encounter problems in recovering the original certificate. The order of their resolution is indicated in the table.

State duty amount

How much does divorce cost in 2021 if there is a minor child?

During the divorce process, the initiator of the dissolution of the union needs to be prepared to pay a state fee. If both spouses make such a decision mutually without mutual claims, then the fine will be withheld from both the husband and the wife.

Depending on the circumstances, including the choice of the institution dissolving the marriage and the presence of minor descendants, the amount of payment to the state will vary.

State duty amounts

The circumstances under which a married couple gets divorced determine how much a divorce costs in 2021 if there is a minor child:

In addition to the cost of divorce proceedings in court, the husband and wife will have to pay another 650 rubles for the production of divorce certificates.

If two claims are filed simultaneously: for divorce and for alimony, then the amount of the state duty is 400 rubles. In a situation where, upon official separation, the minor dependent is under 3 years old and the mother demands alimony for her maintenance, then an additional 150 rubles of duty must be paid.

See ways to obtain Russian citizenship through marriage. Where can you get second citizenship for Russians? Find it at the link.

Situations arise when, upon annulment of a family union with minors, other requirements of a non-material nature arise. For example, a father is trying through the court to determine the order of visits with his son or daughter, or a schedule of alternating residence.

In this case, the father’s desire is a requirement of an intangible nature; it requires an additional state fee of 300 rubles.

Thus, under the most favorable divorce circumstances, the total cost of all fees and divorce certificates for both participants will cost 2,600 rubles.

How and where to pay the state fee

You can pay the tax on the claim in any convenient way:

• through the bank terminal, indicating the details;
• through the cash desk operator at the bank, presenting a payment notice;
• using mobile banking.

It is important to remember that after paying state fees, you have 12 months to submit all documents to the court. After this time, the payment expires.

How to pay the fee, where to get the receipt form and find out the details

A receipt for payment of the state fee and payment details are provided by the body that is involved in the divorce process (court or registry office). To accept a divorce petition, you will need to provide a receipt for payment, but this does not mean that the other spouse will be able to avoid payment. Some, wanting to save time, first go to pay, and then go to submit an application with a receipt. This is the wrong decision, because the registry offices have different details, so it is advisable to first write an application and then go pay.

You can make payment at any bank branch. Cardholders can deposit money through their online payment system.

If the receipt is filled out manually, it indicates the personal data of the payer and the recipient’s details

Is it possible to submit an application and transfer money online through State Services?

The Gosuslugi portal is an intermediary between the population and the state. For example, if you live far from the registry office, or you have a small child, or the magistrate’s court is located far from home, then it is much more convenient to contact “government services”. From January 2021, the portal provides a 30% discount on the payment of certain state fees. You can find out what the procedure is and how to deposit money on the portal itself via the link.

Are supporting documents needed?

To pay the state fee, only a passport is required. You will be asked to present it during a personal visit to a Sberbank branch. If money is deposited electronically, only passport data will be needed.

How long is a receipt for payment of state fees for divorce valid?

The validity period of the receipt for payment of the state duty is 3 years. If the trial does not take place for any reason, it can be used in another lawsuit within three years, provided that the details match the required ones. In cases where the receipt is not useful, you can contact the tax office for a refund of the state duty.

Video: how to return overpaid duty

A fine of 30 thousand rubles: an existing bill or speculation?

The idea of ​​increasing the state duty for divorce was voiced by Prime Minister Dmitry Medvedev at a meeting of the Federation Council a long time ago. The reason for this was the statistical data on divorce proceedings in Russia recently.

Such a measure, according to Dmitry Anatolyevich, could encourage citizens to take a more responsible attitude towards the status of a family man and reduce the number of annulments of a family union. However, this initiative was only a proposal to submit a discussion both to the State Duma and to the citizens’ court, in order to determine the optimal amount of the fine.

Opponents of the bill

It should be noted that a number of deputies opposed such a radical jump in the amount of duty.

Elena Mizulina, who actively lobbies the interests of family and offspring, noted the shortcomings of the proposal:

• the amount of 30 thousand rubles for most Russians is comparable, or even more, to the average monthly income;
• such a measure will lead to an increase in civil marriages;
• the percentage of single mothers will increase;
• The total number of births will decrease.

An increase in the tariff is definitely planned, but so far there is no agreed upon amount of the duty, much less a decree.

What determines the amount of state duty for divorce?

There are several factors that influence the amount of state duty for the divorce procedure, namely:

• wish. This means who is the initiator, both spouses or one of them;
• the presence or absence of minor children born in marriage;
• method of carrying out the procedure: through the court, or through the registry office;
• basis for the procedure;
• the total value of movable and immovable property that must be divided between the spouses.

What other costs may arise if there is a minor family member?

It is unlikely that anyone, except lawyers, knows the exact algorithm of actions for the annulment of a union until they are faced with this situation. The procedure becomes even more complicated if the fate of minor heirs is being decided.

And this, in turn, means that you will have to go to legal consultations, legal authorities, and use the services of a lawyer. Therefore, you should not count on the only amount spent on the state fee and certificate being 1,300 rubles.

So, what stages of the divorce process will require investment:

• notary office services;
• the layer's services;
• services of a forensic expert;
• other procedures.

Notarial office

The role of a notary's office in the termination of a marriage is mainly limited to certifying copies of all documents and drawing up certain agreements, for example, on the division of property or a fixed amount of alimony payments.

Average prices for notary services range from 3,000 to 5,000 rubles. for drawing up and terminating contracts between applicants; confirmation of the authenticity of documents will cost 500 rubles; a certified copy of the document will cost from 50 rubles. per copy.

It is worth considering that prices vary depending on regions.

The layer's services

Attorneys' fees depend on the nature of the case, because they not only draw up claims, but can also fully represent the plaintiff or defendant in court. Services for drawing up a claim cost on average from 1000 rubles.

Divorce proceedings without mutual claims will cost approximately 5,000 rubles. Additional complications in the case, for example, establishment or deprivation of paternity, disagreement of one of the spouses with divorce, increase the lawyer’s price tag to 20,000 - 40,000 rubles. average.

Services of a forensic expert or appraiser

When it comes to dividing property during an annulment, it is very important to act in the interests of the children, especially if the subject of division is living space or other types of property.

An expert can estimate the value of acquired property so that the division of property takes place taking into account minor heirs. The minimum costs for an appraiser vary from 3,000 to 900,000 in ruble equivalent. The extreme figure concerns the valuation of large businesses.

Other procedures

Related expenses include additional certificates, DNA examination, and preparation of other claims. Indirect costs will include paid babysitting services during court hearings, transportation costs, and food.

Where can I make a payment?

From the moment of submitting such a request to the registry office and making the necessary contributions to the state until the registration of the break in relations, 30 days pass. Then the spouses are given the desired certificate and a corresponding stamp is placed in their passports.

State duty is accepted:

• bank branch cash desks;
• bank self-service terminals;
• Internet banks.

The current variety of such services allows you to use a plastic card to pay the fee. For this purpose, electronic wallet and Internet banking are also used.

But when choosing these methods, one point should be taken into account: after the transaction, you need to receive a document confirming payment (check, account statement). This document must be attached to the divorce claim, otherwise the court will ignore the application.

Is there a duty to pay?

A mandatory attribute of the divorce process is the payment of state fees. This payment is collected in favor of the state for the provision of services to formalize the divorce and resolve disputes that may accompany the separation. The amount of the payment is determined based on the provisions of Chapter 25.3 of the Tax Code of the Russian Federation and is associated with the need to register the new legal status of the former partners.

The amounts of fees are indicated for each case separately, and the latest current information is indicated in the legislative act as amended on January 1, 2015.

Since divorce, like registration, is a mandatory legal act indicating family relations, the law requires the payment of a fee.

How and when the amount of the state duty has changed or will change, the state duty from January 1, 2021

The state fee, which is paid for the divorce procedure, is usually called a fine on the territory of the Russian Federation. Its size has been relevant for the last 5 years.

The problem is that the total number of divorces in the country has already approached the rates of marriages. According to international and domestic experts, this indicator will only worsen over time. If this continues, the Russian court will not be able to deal with all the claims on this issue on its own.

According to experts, if the state fee for this procedure is increased in 2021, the number of couples who want to get married will sharply decrease.

That is why the state duty has remained unchanged for several years, and at the moment there are no plans to increase. If we talk about 2017, then so far everything has remained unchanged.

Who is the payer?

According to current legislation, both spouses bear the costs of a divorce; however, the primary costs are borne by citizens who were the first to decide to contact an official body.

The exception is cases where a unilateral procedure for simplified termination is considered in the absence of the second partner, when his consent is not required. In such a situation, the payer is the spouse who applied to the registry office.

It is easy to determine who pays the fee. When filing a claim, the applicant will be required to provide a receipt, without which his application will remain without consideration. The initiator of a divorce through the court is obliged to pay in any case, unless his social status implies exemption from registration fees at the legislative level.

The transfer of 1,300 rubles includes expenses for two spouses at once. In fact, the state requires both partners to pay for divorce services, but when filing a claim, the initiator is obliged to pay the entire amount for himself and the other half.

Subsequently, the applicant indicates in his claim a request to recover half of the costs from the defendant. If the claim is satisfied, the court will oblige the second spouse to pay half of the costs.