Application for divorce to the registry office sample 2021, application form for divorce through the registry office

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An official marriage can be dissolved through the judicial authorities or the registry office. The second option is permissible only if both spouses agree to sever the relationship, there are no common children under 18 years of age, or under circumstances where the presence of the other party is impossible. The implementation of the intention to divorce is expressed by filing an application with the registry office.

The government agency is also contacted in case of divorce through the court, since the final stage of the process is the issuance of a divorce certificate, which is issued only at the registry office. Divorce process consultants answer questions: which registry office should I contact, what document form should I fill out, what should I do if the process is delayed?

How to get

The mechanism for obtaining a certificate of termination of marriage registration directly depends on the body that will conduct the divorce procedure.
If the process is carried out in the registry office, the parties must perform the following actions:

Correctly fill out and submit an application for divorce.
Pay the mandatory state fee.
Wait for the process to complete, which takes 30 calendar days.
Contact the registry office and get the paper in hand.
Put the appropriate mark in your passport.

If both spouses agree to separate, but for some reason only one of them can physically file an application, instead of a standard application, you need to fill out Form 10, designed specifically for such cases.

The presence of any controversial issues between spouses (for example, regarding custody and alimony for the maintenance of common children) makes it possible to officially break the relationship only through the court. In this case, in order to dissolve the marriage and then obtain a certificate of this, you should do the following:

Personally contact the state civil registry office.
Write a statement and attach the court decision to it.
Complete and attach all required documents.
Make payment of the mandatory state contribution.
Receive the document and put the appropriate mark in your passport.

Briefly about ways to dissolve a marriage

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Divorce through the civil registry office is permissible in cases where the couple does not have joint minor children from the marriage, and also if the husband and wife have reached absolute agreement regarding the termination of the relationship. Otherwise, the spouses will have to go to court for a divorce.

However, a unilateral divorce is also possible in the presence of the above circumstances.

This is permissible in cases where:

The spouse is declared missing or declared dead in court.
The spouse was declared legally incompetent by the court.
The husband was sentenced to a real prison sentence of more than 3 years.

In this case, the presence of children or the lack of consent of the second spouse does not matter. Divorce occurs in the registry office by submitting an appropriate application.

Upon completion of the divorce process through the court, you will also have to contact the civil registry office. Together with a copy of the court decision, a corresponding application in the established form is submitted and the divorce is registered.

In each of the listed cases, you must submit an appropriate application, the form of which is standard and must be carefully filled out without errors.

What is official paper

A divorce certificate is an official document endowed with legal force, which confirms the fact of dissolution of the marriage union within the framework of current legislation. This certificate cancels family obligations to each spouse. It must be remembered that such a document can only be obtained from the civil registration authority. The divorce certificate is initially blank; a specialist fills it out by hand or on a PC, and then gives one copy to each spouse.

This document is drawn up on stamped paper equipped with watermarks. It is filled out according to the model determined by current legislation, and all the necessary information is entered. A wet stamp and signature of the head of the department is required.

A blank divorce certificate form is filled out at the civil registry office at the place where the marriage was registered or where the spouses reside. If the process took place at the civil registration authorities, you can receive the document in your hands within a month. And in the event of a trial, the document is drawn up within a day.

Receiving such official paper in hand is considered a mandatory stage of the procedure. A correctly completed divorce procedure provides grounds for filling out a blank divorce form according to the sample. You need to understand that receiving a properly executed confirmation of the termination of a family relationship is considered a formality. However, without it it is impossible to perform a number of legal operations.

Arbitrage practice

The case was considered by the Borzinsky City Court of the Trans-Baikal Territory in June 2021.

The statement of claim, written on behalf of the husband, formulated the following claims:

End the marriage relationship with your wife.
Divide debts and jointly acquired assets (apartment), since the spouses did not draw up a property agreement.
Divide residential property in half.
Distribute the remaining debt on the loan obligation equally.
Since the defendant did not participate in repaying the debt, then collect from him a compensation payment in favor of the husband equal to 50% of the debt already paid.

During the first court hearing, the parties came to a compromise regarding the debt to the bank. The defendant did not object to the husband’s demands and agreed to a settlement agreement. The court recognized the legality of this document. With regard to other claims, the plaintiff's position has not changed. Additionally, he pointed out that it is impossible to reconcile with his wife, since there is no mutual understanding between them. He concluded an alimony agreement with his wife regarding the maintenance of their common young child, because he did not consider it right to abandon the child and wanted to take part in his life. In turn, the wife had nothing against separating from her husband, since the family, in her opinion, had already broken up. She motivated her refusal to continue the relationship by her husband’s neglect of providing for the family, since he worked irregularly. Therefore, the money he earned was not enough to live on. However, with regard to the apartment, she asked to reject her husband’s demands and take into account legal norms requiring that the interests of young children be taken into account. The defendant believed that fulfilling the conditions put forward by the plaintiff in the application would violate the rights of their common child.

Additionally, the wife noted that refusal to satisfy her demands would not allow the child to develop properly, because next to the disputed apartment there is a kindergarten that their baby attends.

Having studied the materials of the divorce case together, the judge decided:

No legal grounds for continuing the marriage were found, so divorce is recognized as the only correct option.
The wife's arguments, with which she substantiated her claims to a share of housing exceeding 50%, were found unfounded. Therefore, the court divides the apartment equally.

When needed

A note in the passport of each spouse about the termination of the relationship is not vested with legal authority and cannot confirm the legality of this fact. A correctly completed blank divorce certificate issued to former spouses is considered a guarantor of the legality of the procedure. It allows you to do the following in the future:

remarry;
change your surname;
register pension calculations;
carry out a change of citizenship;
apply for a loan from financial institutions;
conduct real estate transactions;
pay child support.

Is it possible to re-file a claim for division of jointly acquired property?

The exception is cases when not all marital property was divided in the first trial. In this case, it is allowed to file a new claim for the division of that joint property that was not the subject of the initial dispute between the spouses.

If a court decision has already been made regarding joint property, the court will not accept a repeated statement of claim or will terminate the legal proceedings in the case. This is stated in Article 220 of the Civil Procedure Code of the Russian Federation.

Content

Each official document must contain a certain amount of information that provides grounds for settling relations, as well as confirming specific rights. A blank divorce certificate is filled out based on the following data:

number of the entry in the Civil Registration Book;
date of divorce and making the corresponding entry;
last name, first name and patronymic for both spouses who took part in filling out the blank application form for divorce;
information about the nationality and place of birth of the spouses;
information on the grounds for issuing the certificate;
surnames of both spouses after divorce;
information about the identity of the recipient of the official paper;
date of issue.

This official certificate has legal force only when issued on special paper with watermarks and an increased degree of protection. The head of the department of the state registration authority certifies the document with his signature and seal. In the future, its owner can carry out a number of financial transactions, enter into official relations, and also participate in transactions with various types of property.

Deadlines

After submitting the application, the spouses are given 30 days to finally weigh the pros and cons, collect the missing documents, and withdraw the application.

The period begins on the day following the day the application is submitted. If the last day of the deadline is a weekend or holiday, the deadline is moved to the next day.

At the end of the period, one of the spouses must necessarily appear at the registry office.

The divorce procedure is subject to a certain algorithm of actions, and at first glance does not cause any difficulties. In practice, there are often cases when a couple has to apply again, which brings additional negative emotions and experiences. The main reasons are late payment of the state duty, unresolved disputes, incorrect choice of document form, incorrect filling.

It is important to understand that if the divorce is accomplished by mutual consent without mutual claims, then you should contact the registry office, but even if the relationship remains friendly, the presence of common children requires going to court. Exceptions are situations where the second spouse, due to circumstances, cannot file for divorce. Lawyers from the ros-nasledstvo.ru portal will help you understand the nuances of the process. Consulting a specialist will help you gain confidence in your own actions and avoid mistakes.

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How to spot a fake

Guided by current legislation, a blank divorce certificate is filled out in accordance with the standards prescribed in it.
Any differences from the established sample deprive the paper of legal force. Correct completion and execution of a blank divorce certificate must meet the following criteria:

Font. All text content must be typed in bold Times New Roman font. Information about the registration authority, as well as information about the head of the department, must correspond to font No. 10. The nationality and citizenship of the spouses are printed in font No. 11. The full name of the spouses is typed in letters size 12. All of these entries use bold italic text.
Manual filling option. The name of the state registration authority is indicated using a stamp.
All dates must have a numerical value followed by a text interpretation.
Nationality and citizenship are indicated only in the nominative case.
All new lines start with a lowercase letter. This paragraph does not apply to designations that must begin with a capital letter according to the rules of grammar.
Correction of entered data, regardless of the method of execution, is unacceptable.
The wet seal imprint should be located at the bottom of the official paper, where the head of the department certifies it with his signature.

Is it possible to re-file for divorce after refusing the claim?

The question may also arise when family life has fallen apart after reconciliation has taken place during the consideration of a court case. That is, a claim was filed and the stated claims were abandoned, and the case was closed.

The subject of the claim is the plaintiff's claims stated in a procedural document called a statement of claim. That is, what the plaintiff asks the court to do. The subject of the claim is formed in the so-called pleading part of the claim and follows after the words “in connection with the above, I ask the court.” A divorce claim is usually accompanied by a demand such as “to dissolve the marriage concluded between me and the defendant on [date] in the registry office [name of the registry office and registration number].” The basis for the claim is the circumstances that served as the basis for filing the claim. These are, in fact, the breakdown of family life due to betrayal, different views on life, family violence, etc.

Refusal of the claim by the plaintiff and its consequences

If we assume a situation in which the plaintiff (his representative) discovered significant shortcomings in his position and they can be corrected, it is advisable to take care of correcting them before the court makes a ruling on accepting the statement of claim for court proceedings, and here’s why.

If the plaintiff abandons the claim completely and the court accepts it, the proceedings in the case are terminated, however, such a procedural action, if accepted by the court, always entails a number of unfavorable consequences for the plaintiff: