State registration of divorce

Which authority has the right to register a divorce?

According to Part 1 of Art. 35 of Law No. 143-FZ of November 15, 1997 “On Civil Status Acts”, state registration of divorce is carried out exclusively in the registry office. However, making a decision on divorce does not always fall within the competence of this body. Art. 19 of the Family Code (IC RF) establishes an exhaustive list of cases

when the registry office has the right to consider applications for divorce:

the couple does not have common minor children, and divorce occurs by mutual consent of the spouses;
one of the spouses was declared missing in court;
one of the spouses is incapacitated;
one of the spouses is serving a sentence of imprisonment for a term of more than 3 years for a criminal offense.

In all other cases, the divorce case must be considered by the court, and the role of the registry office is reduced to state registration of divorce.

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The procedure for state registration of divorce is determined by Articles 31-36 of the Federal Law “On Acts of Civil Status”

Grounds for ending a marriage

A marriage ends due to death or due to a court declaring one of the spouses dead. A marriage can be terminated by dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse recognized by the court as incompetent.

Note:

The husband does not have the right to initiate proceedings for divorce without the wife’s consent during the wife’s pregnancy.

Grounds for state registration of divorce

The basis for state registration of divorce is:

joint application for divorce of spouses who do not have common children who have not reached the age of majority
an application for divorce filed by one of the spouses, and a court decision (sentence) that has entered into legal force in relation to the other spouse, if he is declared missing by the court, declared incompetent by the court, or sentenced to imprisonment for a term of more than three years for committing a crime
a court decision on divorce that has entered into legal force.

Place of state registration of divorce

State registration of divorce is carried out by the civil registry office at the place of residence of the spouses (one of the spouses)

or at
the place of state registration of marriage.

The procedure for state registration of divorce by mutual consent of spouses who do not have common children who have not reached the age of majority (Article 33)

If there is mutual agreement to dissolve the marriage of spouses who do not have common children who have not reached the age of majority, the dissolution of the marriage is carried out by the civil registry office.

Spouses wishing to dissolve their marriage submit a joint application for divorce in writing to the civil registry office.

Note:

If one of the spouses is unable to appear at the civil registry office to submit an application, the will of the spouses can be formalized in
separate applications
for divorce. The signature of such an application by a spouse who is unable to appear at the civil registry office must be notarized. It is not permitted to add additional information to this application.

Divorce and state registration of its dissolution are carried out in the presence of at least one of the spouses after a month has passed from the date the spouses filed a joint application for divorce.

For state registration of divorce, including the issuance of a certificate, with the mutual consent of spouses who do not have common minor children, a state fee of 400 rubles is charged from each spouse. Payment is due before submitting the application;

Form No. 8 - Application for divorce (by mutual consent of the spouses)

The procedure for state registration of divorce at the request of one of the spouses (Article 34)

Divorce at the request of one of the spouses is carried out by the civil registry office if the other spouse is: recognized by the court as missing, recognized by the court as incompetent, or sentenced to imprisonment for a term of more than three years for committing a crime.

In these cases, state registration of divorce is carried out upon the application of one of the spouses who wishes to dissolve the marriage.

Simultaneously with the application for divorce, the following must be presented: a court decision recognizing the other spouse as missing or incompetent, or a court verdict condemning the other spouse to imprisonment for a term of more than three years, an identification document of the applicant.

State registration of divorce at the request of one of the spouses is carried out in his presence after a month from the date of filing the application for divorce.

Note:

The civil registry office, which has accepted the application for divorce, notifies within three days the spouse serving a sentence, or the guardian of the incapacitated spouse or the property manager of the missing spouse, and in their absence, the guardianship and trusteeship authority about the received application and the date assigned for the state registration of divorce.

For state registration of divorce at the request of one of the spouses in the event that the other spouse is recognized by the court as missing, incompetent or sentenced for committing a crime to imprisonment for a term of over three years, including the issuance of a certificate, a state fee of 200 rubles is charged. Payment is due before submitting the application;

Form N 9 - Application for divorce
The procedure for state registration of divorce on the basis of a court decision on divorce (Article 35)
State registration of divorce on the basis of a court decision is carried out in the civil registry office at the place of state registration of marriage on the basis of an extract from a court decision or at the place of residence of the former spouses (any of them) on the basis of an extract from the court decision and an application from the former spouses (one of them) or an application from the guardian of the incapacitated spouse.

Simultaneously with the application for state registration of divorce, a court decision

about divorce and presented identification documents of the former spouses (one of the spouses).

Note:

Former spouses (each spouse) may, in writing, authorize other persons to make an application for state registration of divorce.

For state registration of divorce in court, including the issuance of a certificate, a state fee is charged from each spouse - 400 rubles. Payment is due before submitting the application.

Form No. 10 - Application for divorce (based on a court decision on divorce)
Retention or change of surnames by spouses after divorce
A spouse who changed his surname upon marriage to another has the right to retain this surname after divorce, or at his request upon state registration of divorce, he is assigned a premarital surname.

Note:

A certificate of divorce is issued by the civil registry office to each of the persons divorcing the marriage.
Spouses do not have the right to enter into a new marriage until they receive a certificate of divorce from the civil registry office.

The procedure for dissolving a marriage through the registry office

To get a divorce through the registry office by mutual consent, it is enough to come to this organization with your spouse and fill out an application in form No. 8. You need to attach your passports, a receipt for payment of the state duty and the original certificate of your marriage to it.

Filing an application for unilateral divorce is submitted using Form No. 9. In this case, a copy of the court decision confirming the existence of grounds for a unilateral divorce through the registry office is added to the list of required documents.

The application must be submitted to the registry office at the place of registration of either spouse or to the same body that registered your marriage. It is also possible to submit such an application electronically through the State portal.

After the application is accepted, the decision on divorce will be made within one month. After it is issued, a corresponding entry is made in the civil registration book and the spouses are given a certificate of termination of their marriage.

Grounds for divorce through the registry office

Divorce is the termination of family relations on the initiative of the spouses (one of the spouses).

A marriage can be terminated by dissolution at the request of one or both spouses, as well as at the request of the guardian of the spouse recognized by the court as incompetent.
Clause 2 of Article 16 of the Family Code of the Russian Federation

Divorce is accompanied by legal dissolution of marriage

Only those couples who entered into a marriage in the registry office can get divorced. The grounds for divorce through the registry office are the following facts:

filing an application from one or both spouses;
filing an application from the guardian of the spouse who has been declared incompetent.

Many people confuse the concepts of termination of marriage and dissolution of marriage. Divorce is a divorce. For example, due to a quarrel, betrayal or termination of a de facto relationship. And the termination of a marriage is the termination of a marriage, for example, due to the death of one of the spouses.
Ekaterina Guryanova, lawyer

Video: how to get a divorce quickly, without trial

Registration of dissolution of the union through online services

Art. 35 of Law No. 143-FZ allows filing an application for registration of termination of marriage electronically. To do this, you can use the State Services portal by going to the appropriate section and selecting the option,

most suitable for your case:

divorce by court decision if there are two applicants;
judicial divorce on the initiative of one plaintiff;
simplified divorce through the registry office by mutual consent of the parties.

Next, you need to log in to the portal, fill out the proposed electronic application form, certify it with your simple electronic signature, pay the state fee, wait for the spouse to fill out and certify his copy of the application through the Personal Account (for the first and third options) and visit the registry office on the day assigned to you by the system. On average, registering a divorce through the State Services portal takes no more than 30 days.

If you do not have an electronic signature or registering a divorce through State Services does not suit you for other reasons, you can contact. Please note that the list of services provided by MFCs in different cities of Russia may vary.

In what cases is a marriage declared invalid by the court?

Due to ignorance of the norms of family law, it is possible to confuse the grounds for invalidating a marriage with the grounds for dissolving a marriage. Any marriage between a man and a woman can be dissolved, but not every marriage can be declared invalid.

The grounds for the nullity of a transaction between a man and a woman include:

deliberate concealment of information from one of the parties about the state of their health;
concealment of other essential information provided for in Articles 12-15 of the RF IC.

To avoid problems during divorce, you should seek help from a specialist.

Grounds for administrative divorce

Judicial or administrative divorce? The choice of divorce procedure depends not on the preferences of the couple, but on the circumstances.

The law establishes in which cases it is possible to resort to administrative divorce proceedings, bypassing the court:

the spouses agree to end the marriage relationship;
the spouses do not have minor children together (for divorce through the registry office, the presence of adult children or children born in other marriages is allowed) Adopted children are treated like relatives.

If the circumstances do not meet these conditions, for example, the spouses have children, or only one of them wants to dissolve the marriage, and the other does not agree, an administrative divorce is impossible. In such cases, only judicial proceedings are permitted.

It is also impossible not to mention exceptional cases when an administrative divorce is possible without meeting the specified conditions. According to clause 2 of Article 19 of the RF IC, a unilateral application to the registry office is allowed, regardless of the presence of children and/or the disagreement of the husband (or wife), if...

The husband (or wife) has been declared legally incompetent;
The husband (or wife) has gone missing and is declared dead;
The husband or wife committed a crime and was sentenced to imprisonment for 3 years or more.

In such initial circumstances, the desire of at least one spouse is sufficient for an administrative divorce to take place. In the first two cases, it is impossible to obtain consent from the second spouse. In the latter case, it is not necessary to receive it: the registry office will notify the spouse in prison that his husband or wife has filed a unilateral application for divorce, and will ask him to notify him what surname to leave after the divorce - nothing more.

Request for alimony

Requests for the collection of alimony for the maintenance of minor children and/or spouses can be submitted both in one application for divorce, and in a separate application before the dissolution of the marriage or after its dissolution.

When filing a claim for divorce in court, you should attach a receipt for payment of the state fee in the amount of 600 rubles. The parties have the right to involve professional representatives - a lawyer or lawyer - to participate in the case.

The marriage is considered dissolved from the moment the court decision enters into legal force.

You must contact the registry office with a copy of the court decision, where you will be issued a certificate of divorce - a document confirming the fact of divorce. Each spouse has the right to receive their own copy of the certificate.