Filing for divorce and dissolution of marriage in Smolensk (Leninsky district) in 2021

⭐ ⭐ ⭐ ⭐ ⭐ Good afternoon, readers of my blog, now we will comprehend the necessary topic for everyone - Where to Apply for Divorce in Smolensk. Perhaps you may still have questions after you read, so it is best to ask them in the comments below, or even better - get advice from practicing lawyers on all types of law from our partners.

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1. Name of the court to which the application is filed;
2. Details of the plaintiff (full name, place of residence, contact telephone number);
3. Defendant's details;
4. Information about the marriage (indicate when and where the marriage was registered);
5. Information about common minor children;
6. Reasons for divorce (in the absence of mutual consent to divorce);
7. Other requirements (for example, for the collection of alimony);
8. Cost of claim;
9. List of documents attached to the statement of claim.

If, during the divorce through the registry office, the spouses have disputes (for example, about children or the division of common property), then they will be considered in court regardless of the divorce in the civil registry office (Article 20 of the RF IC).

Divorce through the registry office: step-by-step instructions

Note! If you are having difficulty drawing up a divorce application, you can download our sample and use it as a basis for filing your own statement of claim.

You can submit an application for the termination of a marriage with mutual consent and the absence of common minor children at the registry office at the place of registration of the spouses (or any of them), at the place of registration of the marriage, through the MFC or the State Services portal.

Divorce through the registry office in Smolensk

Civil registry office employees will consider an application for divorce only if the following facts are present:

• both spouses agree to such a procedure;
• there are no minor children in the family.

How to obtain a child’s birth certificate in Smolensk in 2021

If these requirements are met, the applicant can submit a package of documents in person or through the State Services portal. Processing of the received data is possible only after payment of the state fee.

The application must be submitted by both spouses as a joint application. Separate applications may be filed when one spouse is unable to attend. In this case, a notarized application is drawn up or the petition is submitted to another registry office, not at the place of permanent registration.

If spouses have a dispute regarding the division of jointly acquired property, one of the partners is against divorce, or the spouse is a dependent, then the registry office will refuse to accept documents and it will be possible to dissolve the marriage only in court.

Where to apply for divorce Smolensk

When, when dissolving a marriage through the court, the specified deadlines have passed and the decision is not appealed, it will enter into legal force, after which the civil registry office issues a certificate of divorce. In order to obtain this document, you should contact the civil registry office with an application for divorce by court decision.

Where to apply for divorce in Smolensk

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1. When does the procedure for collecting alimony for minor children take place ( clause 2, clause 1, article No. 333.36 of the Tax Code of the Russian Federation ).
2. When there is a cassation and appeal appeal against a court verdict on divorce ( clause 6, clause 1, article No. 333.36 of the Tax Code of the Russian Federation ).
3. When does the process of applying to the court with a petition to protect children's rights take place ( clause 15, clause 1, article No. 333.36 of the Tax Code of the Russian Federation ).
4. When the plaintiff is a citizen with a disability of groups 1 and 2 ( Article No. 333.36, clause 2, clause 2 of the Tax Code of the Russian Federation ), provided that the amount claimed does not exceed one million rubles ( Article No. 333.36, clause 3 of the Tax Code of the Russian Federation) ). If the claim is worth more than a million, then the state duty will be charged on the entire amount, minus one million, in accordance with the requirement of Art. No. 333.19, clause 1, clause 1 of the Tax Code of the Russian Federation .

Remember! When submitting an application for divorce from an unsuccessful marriage, you must: fill out the application (alone - under certain circumstances and a court decision; together - in case of property disputes and small children), select the nearest registry office branch, pay the fee, send the application, wait for a response in the form of an invitation to the indicated registry office and receive a divorce certificate.

How soon can a marriage be dissolved?

• if there are minor children together;
• if there are property disputes;
• if there is a fact of incapacity of one of the spouses, or the fact of his official recognition as missing;
• if one of the spouses has a prison term of 3 years or more.

1. Register on the portal . The registration button is in the upper right corner.
2. After this, you will be redirected to a page where you will need to fill in your personal information. It is very important to enter them correctly, since messages from the site will be sent to the entered phone number and email address.
3. A message will be sent to your email with an activation link after filling out all fields. You need to click on it and thereby confirm that the actions were performed by the owner of the entered email.
4. When a user clicks on a link, a page initially opens where they must enter a password. If it is entered correctly, you will be taken to your personal account. In your personal account, all user data must be filled in, namely:

• FULL NAME;
• place and date of birth;
• citizenship;
• Floor;
• Pension certificate number;
• No., series, date of issue of passport;
• name and code of the unit that issued the passport.

Ordering services through the Internet portal "State Services" in Smolensk

This service is available to residents of some regions, a list of which is presented on the service center website. To send documents electronically, you need to have a verified account on the website.

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After logging into the Internet portal, the user must select the required category, fill out an application electronically and upload scanned copies of the set of documents. The applicant will be notified about the acceptance of documents for consideration and the algorithm for further actions via SMS or email.

How to get a divorce through court

• identification document;
• statement;
• a copy of the court decision on divorce (it must enter into legal force);
• receipt of payment of state duty;
• power of attorney for a representative (if you are unable to submit documents in person. The power of attorney must be notarized);
• enhanced qualified electronic signature of both spouses (if the application is submitted through the government services portal).

You can submit documents for divorce to the Moscow Civil Registry Office at your place of residence or at the place where your marriage was registered. If the application is joint and you do not have minor children together, the application can be submitted electronically on the public services portal. A divorce certificate will be issued on the day of application.

Registration of divorce through court in Smolensk

Depending on the type of claims, the amount of the claim and the circumstances of the divorce proceedings, the application, supporting documents and certificates must be filed in one of the courts.

Magistrate's Court

The Magistrate's Court accepts a claim for consideration if it meets the following parameters:

• according to the assessment of common property, its amount does not exceed 50,000 rubles;
• one of the spouses refuses to voluntarily undergo the procedure through the registry office;
• there are no disputes regarding minor children, property, etc.

The statement of claim specifies the passport details of the spouses, the grounds for divorce, as well as the requirements for the defendant. The set of documents should include: a certificate of income received from both partners, a marriage certificate, documents for minor children, an inventory of property, a copy of the claim and a paid receipt for the court fee.

Application to the registry office in Smolensk in 2021

Judicial procedure

Families with children under 18 years of age are given time to think - 3 months. This date is counted from the date the claim was filed. If the husband and wife have not changed the decision to divorce, the court is scheduled 3 months from this date.

The divorce procedure through the court proceeds quite quickly if there are no disputes. It is better to agree in advance on the issue of the children’s place of residence. I didn’t take my husband’s last name, and there were no problems here. But the law provides for the possibility of returning a premarital surname. This requirement must be indicated in the statement of claim.

In our case, the entire meeting took half an hour (including the reading of the claim and the court decision). No outside witnesses are required in this case. This is a legal proceeding solely between spouses.

After the court makes a decision, after 15 days you can receive a document - a copy of the court decision. It contains a brief extract from the minutes of the meeting. It is issued as confirmation that the marriage has been dissolved.

Such a certificate is issued after the trial (all personal data is deleted)

If the time comes to replace the passport (or the court returns the premarital surname), then the new passport will no longer contain a stamp indicating the registration of a divorced marriage.

By the way, before I forget.
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Multifunctional center - Smolensk

Where to apply

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Main Directorate of the Civil Registry Office

Our region has become one of the first in Russia where targeted work is being carried out to provide government services in electronic form. For the registry office of the Smolensk region, the developer of the automated system project and, as the first experience shows, was quite successfully the JSC Engineering and Implementation Center INSOFT (Moscow). Today, on the Internet on the official website of the Department, detailed information is posted on the activities of all civil registry offices of the Smolensk region, application forms for citizens’ appeals, and regulatory documents on state registration of civil status acts.

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Every year every fifth resident of the region applies to the civil registry office. This year alone, over 11 months, 9,468 births and 7,836 marriages were registered. During the same time, about 600 requests were fulfilled as part of the fulfillment of international obligations and over 200 documents drawn up by the civil registry office were legalized.

Multifunctional center - Smolensk

Where is it issued?

How to file for divorce

Whether you want to suffer or not depends little on you, since you ask such questions, not everything is all right in your family. When you apply for alimony while married, the court of first instance may even make a decision in your favor, but by appealing the decision, citing the fact that he pays for the apartment, kindergarten, etc., the court may cancel the decision. Usually the court gives the children to the mother and collects alimony from the BM. , but not always.

Once divorced, it is unlikely that you will remarry. A single mother and a single mother are two different things. Most likely there will be no benefits. In general, there will be more minuses in this step than pluses. Women need marriage more.

Geographically separate structural unit of the MFC - Smolensk

Organization

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Where to apply for alimony without divorce Smolensk

• a copy of the plaintiff’s passport (a copy of the marital status page is required);
• a copy of the marriage or divorce certificate;
• copies of birth certificates of common children;
• original certificate of the plaintiff’s family composition;
• original certificate of family composition of the defendant (if available);
• argumentation of the required amount of funds for child support;
• calculation of the amount required to provide for a minor dependent;
• a paid receipt of state duty for child support;

1. Mutual agreement on this form of alimony payment.
2. Availability of mutually beneficial payment conditions.
3. Joint visit to a notary with documents:
   passports of the parties;
4. child's birth certificate;
5. certificate of salary of the future payer;
6. the presence of the child himself, if he has reached the age of 14 years.

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Civil Registry Office Committee of the Smolensk Administration

Where to go