How to quickly carry out divorce proceedings through the registry office in 2021

General information about divorce

Divorce is considered to be a formal divorce process initiated by both spouses or one of them. This is a terminating legal act, the result of which is the end of the marriage relationship with all the ensuing consequences:

• termination of the matrimonial property regime;
• separation of one of the spouses with children;
• termination of the need to fulfill marital duties, and so on.

Divorce should be distinguished, for example, from the invalidity of a marriage or its termination as a result of the death of a spouse.

We also remind you that the actual separation of a man and a woman does not dissolve the marriage - for this, formalities must be observed. And a formal separation does not oblige a man and a woman to separate and stop living together. No one can forbid them to live in the same rhythm, but outside the framework of marriage.

Divorce always occurs in government agencies. In Russia, you can get a divorce either through the registry office or in court.

Despite the many differences in these orders, the result is always the same. The dissolution of a marital relationship is subject to mandatory state registration, after which a divorce certificate is issued. Without this document, the former spouses will not be able to enter into a new marriage, since from the point of view of the law they will remain married.

How to file a lawsuit if the husband and wife are in different cities?

If it is necessary to divorce a marriage when one of the spouses lives in another city, the statement of claim must be filed at the place of residence of the party who will be the defendant in this process. The plaintiff will have to prepare the necessary package of documents and send them to the court, which is located at the defendant’s place of residence. An exception may be cases, for example, if the applicant has health problems or has a young child, then the claim can be filed at the plaintiff’s place of residence.

If the spouses’ disputes do not affect the interests of children who have not reached 18 years of age or the property planned to be divided is valued at up to 50,000 rubles, then the claim must be filed in the magistrate’s court, in other cases the claim is sent to a court of general jurisdiction.

Filing a claim

The legislation of the Russian Federation contains a list of actions that must be followed when filing a claim for divorce in court, and it must also comply with the requirements contained in the Civil Procedure Code. The document must indicate the following:

• The name of the institution where the claim will be addressed;
• Passport details;
• Contact information (addresses, telephone numbers, etc.);
• Circumstances that caused the divorce;
• Date and signature.

If the claim is filed at the place of residence of the defendant by the plaintiff who lives in another city, then it must necessarily contain a request for the possibility of considering the case without his personal presence and participation.

When filing a claim for divorce from a spouse living in another city, you must provide the same information as in a standard application, but the content may vary slightly, it all depends on which party lives in another city:

If the plaintiff sends a statement of claim from another city, he must be informed of his inability to come to the trial.

When the claim is filed at the place of residence of the initiator, and the second party lives in another city, then this moment must be indicated, and the defendant must independently notify of the impossibility of arrival and presence.

The plaintiff must personally sign the claim and attach to it all copies of documents that may be required.

Collection of documents

According to Article 132 of the Civil Code of the Russian Federation, a claim for divorce must contain an additional annex in the form of a set of documents. In each individual case, the list may differ. Basic required documentation:

• Statement of claim (in several copies, the number of which will be equal to the number of participants in the trial);
• Copies of passports of both spouses;
• Marriage registration certificate;
• Birth certificate of joint children;
• Information confirming the reason for initiating the divorce;
• Receipt of paid state duty;
• Documents confirming ownership of property or real estate (in cases where court proceedings involve the division of joint property);
• Medical certificates and opinions, if the child or the applicant has illnesses or other health problems (will affect the amount of alimony).

Procedure

The process of finalizing a marriage relationship consists of several stages that do not take much time unless additional problems or disagreements arise.

After submitting all documents to the court, a trial date will be set, during which the documents and circumstances that form the basis for the judge’s verdict will be considered.

Most often, the court gives the spouses one month so that they can consider their actions and make a final decision on the need for divorce; this method is considered especially effective if one of the parties wants to save the marriage.

If both parties insist on divorce, the court may decide to dissolve the marriage without extending the process.

Timing and cost

Registration of a divorce through the court may take an indefinite amount of time, everything will depend on the specific situation, for example:

• If the couple has no disputes or disagreements regarding the division of property or custody of the child, then the claim will be considered and a decision on divorce will be made within one month, otherwise the process may drag on for an indefinite period of time.
• In the case where the divorce was initiated by only one of the spouses, then, according to Article 22 of the RF IC, the couple will be given 3 months for reconciliation, after which a divorce is filed.

According to Article 333.19 of the Tax Code of the Russian Federation, there is no fixed amount of state duty that must be paid to dissolve a marriage through the court. In each case, it is calculated individually, and depends on the value of the property being divided (if it is planned to be divided), the presence of requirements for raising a child, the collection of alimony and much more.

Divorce in the registry office: what the law says

To find out in what cases divorce is carried out administratively, you need to contact. It is he:

• establishes the rules (Chapter 4 of the Family Code) and grounds for termination of a marriage union (Article 16 of the Family Code);
• determines the general procedure for separation (Article 18 of the Family Code);
• stipulates the conditions for separation through the registration authorities (Article 19 of the Insurance Code);
• discusses the procedure for considering disputes related to divorce (Article 20 of the Family Code) and so on.

For example, according to paragraph 1 of Art. 19 of the Family Code, divorce in the civil registry office is possible only subject to the mutual desire of the husband and wife, and only if they did not have time to have common children in the marriage.

Moreover, the article defines cases when one of the spouses has the right to ignore the specified conditions, as well as the timing of the final separation, which we will discuss later.

It is interesting that the IC also contains clarifying references to other regulations, for example, to November 15, 1997, which:

• determines how to divorce in the registry office by mutual consent (Article 33 of the law);
• establishes a list of grounds for state registration of divorce (Article 31 of the law);
• specifies the location of the divorce proceedings (Article 32 of the law);
• regulates unilateral divorce and other separation-related issues.

Where can you get a divorce if you got married in another city?

After marriage, the couple is endowed with certain responsibilities, thanks to which the divorce has several features that respect the interests of the former spouses and their children who have not yet reached the age of majority. Depending on the kind of relationship the spouses have and the nature of the entire process of divorce, divorce can be accomplished in 2 ways.

Make a request to the registry office for divorce

It is possible to terminate official relations through the registry office only if this case relates to the list specified in Article 31 of Federal Law No. 143, or more precisely:

• The decision to divorce is mutual, and there are no joint children under 18 years of age;
• One of the parties is incompetent, missing, criminally charged, or is in custody for a period of more than 3 years.

If the listed cases are accompanied by any additional difficulties, for example, disputes about the division of property, then divorce will only be possible in court.

Through the court at the place of registration

When divorcing through court, it is necessary to take into account several provisions of the law that determine territorial jurisdiction. The case is considered in the magistrate's court when:

• One of the spouses is against filing a divorce;
• The spouses have children together who are under 18 years of age and their further upbringing and place of residence do not cause disagreements;
• The process of dividing property does not cause disputes or disagreements.

In the event that a couple cannot mutually and without disputes divide common property and real estate, as well as resolve the issue of further residence of minor children, the divorce process will take place in the district court at the place of registration of one of the parties (Articles 28-29 of the Code of Civil Procedure of the Russian Federation ).

Legal relations of former spouses

The dissolution of a marriage, regardless of the order in which it occurs, is a terminating event. From the moment of state registration in the registry office, there are no longer any rights and obligations of a man and a woman caused by marriage.

According to the provisions of Section III of the Insurance Code, in this context we are talking about the termination of:

• mutual obligation for mutual assistance and mutual respect, care for family wealth and well-being, other personal rights and obligations;
• matrimonial property regime regarding newly acquired property. With regard to property acquired during marriage, this regime will remain until the division of property;
• mutual obligation for material spousal support, and so on.

At the same time, family law allows you to preserve some legal relationships after separation, in particular, maintenance obligations.

Yes, Art. 90 of the IC defines cases when even ex-husband and wife can demand alimony if they are unable to work or are raising a disabled child.

Find out what rights of spouses during divorce are provided for by law.

What official documents are required for divorce?

Here is an exact list of all required documents:

1. a completed application to the registry office (mandatory in triplicate);
2. original receipt from the bank confirming full payment of the established state duty;
3. a certified power of attorney for the spouse’s representative if he is not able to be present;
4. agreement between spouses about children, if necessary;
5. original extract from the housing office at the defendant’s place of residence;
6. original birth certificates of children, if necessary;
7. original of your marriage certificate.

How quickly you will become completely free depends solely on the correctness of the paperwork. If you take care in advance, the divorce procedure will be completed quickly.

Having children and divorce issues

The presence of children is one of the main aspects influencing the formalization and procedure of separation. Since the protection of their interests is a priority for the legislator, the fact of the existence of minor children is, according to Art. 19 of the IC, an obstacle to divorce in the registration authorities.

Even if a husband and wife have decided that their family life has failed and both want to divorce, having a common child will not allow them to do this through the registry office.

The process of dissolving such a union will take place in court. We will talk about exceptions later.

In addition, the court is forced to simultaneously resolve issues related to the future fate of the child:

• place of residence;
• the order of upbringing;
• determining the procedure for collecting alimony from one of the parents.

The situation changes when the child reaches 18 years of age: the current rules do not prohibit parents of adult children from divorcing through the registry office.

Find out more about divorce with minor children.

Duration of the divorce process in the presence of children

A divorce complicated by disputes about children can drag on for quite a long time if the spouses are unable to reach an agreement. Therefore, the parties will be able to reduce the duration of the divorce process taking place in court to the minimum possible period in the presence of children only if they resolve among themselves in advance all issues related to their further residence, maintenance, communication with the other parent, and others.

If the parties continue to persist and no one is willing to compromise, litigation in practice can drag on for several months, and sometimes more than a year. Therefore, it is quite difficult to answer with certainty the question of how long a divorce lasts if there is a child; it all depends on many subjective factors that influence its duration. We can confidently name only the minimum period of the divorce process in this case – up to two months.

From the article you can learn more about how to file for divorce if you have a child.

When and who will be denied a divorce?

The dissolution of a marriage is an act of civil status and is subject to state registration, but Art. 11 Federal Law No. 143 allows refusal to carry out this procedure if there are certain grounds.

The law allows this to be done in the following cases:

• When registering a divorce is contrary to the requirements of the law, in particular if: spouses with small children apply to the registry office, or the application is submitted without the consent of the husband/wife, which violates the requirements of Art. 19 SK;
• a unilateral application is submitted, but the court decision giving the right to do so has not entered into legal force. The condition contradicts paragraph 2 of Art. 19 SK;
• none of the spouses showed up for registration, which contradicts the requirements of paragraph 4 of Art. 33 laws.

Due to a number of circumstances, some categories of spouses are generally limited in their right to divorce. For example, according to Art. 17 of the IC, the husband cannot initiate divorce proceedings without the approval of his wife if she is pregnant or their common child is less than a year old.

How long does a divorce last?

The timing of the trial depends on a large number of nuances and various circumstances. Moreover, all such factors can be divided into subjective and objective aspects. Let's consider all the nuances in more detail.

After accepting the application for divorce, no later than 7-14 days, and also if the required documents are available, the court must set a date for its consideration. The current law obliges the judge directly to order the process of dissolution of the marriage within 30 days. In this case, the case must be considered no later than 3 months. These are precisely objective deadlines and it is absolutely impossible to influence them. They depend solely on the judge. Therefore, in order to answer the question as accurately as possible - how long a divorce through the court can last, we can safely call the longest period 3 months.

Possible subjective circumstances may include the following nuances. When the defendant fully agrees to all the established conditions of the plaintiff, and also accepts them without objection, the court divorces the husband and wife at the first meeting.

When the defendant has some objections, the court is obliged to postpone the divorce process to allow the spouses to reconcile. This period can last no more than three months. It can only be reduced on the initiative of either party, but there must be a fairly compelling reason for this.

In some cases, the opposite situation may arise when one of the participants in the divorce is against it going through the court. In this case, the trial will also be postponed, however, if the evaded person fails to appear at the hearing three times, the marriage will be dissolved. Also, an equally important reason that can affect the duration of the divorce process is the submission by the husband or wife of a request to postpone the consideration of the court case.

The procedure for separation through the registry office

Despite the administrative simplicity of the divorce process, not everyone knows how to file a divorce through the registry office. Therefore, it is worth discussing this procedure in detail: its procedure, package of documents and steps that should be taken by spouses terminating their marital relationship.

Briefly, the algorithm of their actions will look like this:

1. Spouses determine whether they can divorce administratively: whether their situation satisfies the requirements of Art. 19 SK.
2. The husband and wife collect documents, pay the state fee, and fill out an application.
3. The next stage is submitting an application to the registry office for divorce by any means provided by law.
4. One of the spouses visits the registration office on the day of registration of the divorce and execution of divorce documents.

This is a very general list of steps. We propose to dwell in more detail on the main procedural points and discuss their features.

Drawing up a statement of separation

The spouses’ statement is the main thing needed for a divorce at the registry office in 2021. Since, according to the requirements of Art. 33 Federal Law No. 143, administrative procedure is permissible only if there is a mutual desire to separate; to initiate divorce proceedings, an application must be submitted together.

Exceptions are cases of unilateral application to the registry office, the conditions of which we will discuss below.

It is worthwhile to dwell separately on how to write an application for divorce to the registry office. Its form has been approved, so there is no need to write the application completely by hand. It is enough to print the form and fill out the fields manually or enter the data on the computer, and then print it out in finished form.

Such a statement consists of:

• a header containing the details, addressees, a mark on acceptance of the application, as well as information on what days the state registration of divorce is scheduled;
• the main part, which confirms the mutual will of the spouses and the absence of children;
• tables with personal data of spouses, including passport data, birth information and marriage certificate details;
• requests for state registration of post-marital surnames that spouses want to acquire after registration;
• dates and signatures.

The content of a unilateral application to the registration authorities is somewhat different. You can detect these differences by downloading the sample statements presented below.

Zayava_na_razvod

Zayava _na_razvod_odnostoronnyaya

Please note that the law allows for filing an application not only by contacting the registry office. Clause 2 art. 33 Federal Law No. 143 allows you to send an appeal through the MFC or. This, however, will not affect the content of the statement in any way.

Package of documents

Let's devote a little time to what documents are needed for divorce at the registry office. By and large, applicants will not need a large package of documents. The main one, as already indicated, is a statement in the established form.

The application must be accompanied by:

• identification documents of the spouses, and in case of unilateral submission - of one of them;
• marriage certificate;
• document confirming payment of the duty.

In general cases, when a childless couple has mutually agreed to separate, this is sufficient.

Sometimes other papers may be required, for example, when a unilateral application is submitted. Let us remind you that this is permissible even if there are children and without general consent.

In this case, documents for divorce through the registry office with children must contain:

• confirmation of the right to unilateral submission in accordance with clause 2 of Art. 34 Federal Law No. 143 - as a rule, this is a court decision;
• confirmation of the authority of the guardian of the incapacitated spouse.

Termination procedure

The procedure for divorce through the registry office without children and property is simple, which is due to the absence of claims and unresolved controversial issues from the spouses.

Such a divorce should not cause any problems; it will only take two visits to the institution to submit an application and actually register the divorce.

We immediately focus on which registry office to file an application for divorce. According to Art. 32 Federal Law No. 143, the place of state registration of a divorce is the body located:

• at the place of residence of the married couple (or one of them);
• at the place of registration of marital relations.

The couple who submits the application will be informed of the date of registration.

In accordance with paragraph 4 of Art. 33 of the law, on this day both of you don’t even have to come - the presence of one of the divorcees is enough.

By presenting the marriage certificate to the employees, the applicant will confirm his intention to separate, after which state registration of this fact will be carried out. Based on its results, a divorce certificate is issued. From this moment on, the couple is considered divorced.

Decor

The simplest form of dissolution of a marriage is through the registry office. The process of registering marriage relations through the registry office is possible in cases where:

• there are no joint minor children in the family (if there are children, then you need to find out the rules for divorce if there are joint minor children);
• when there is common property, the size of which does not exceed 50,000 rubles.

Children who have reached the age of 18 are considered adults; it is also not possible to divorce a marriage through the registry office if there are emancipated children aged 16 to 18 years. An application to the registry office can be accepted if there is a child from a previous marriage. If during a divorce it becomes known at the registry office that the spouses have adopted children, the case will go to trial.

You can file a divorce through the registry office:

• if there is an application from both spouses;
• if an application was submitted by one party.

The divorce application form also indicates what surname each spouse will keep after the divorce. It should be noted that if a wife has her husband’s surname, then after a divorce she has the right to keep her husband’s surname or take her own.

The divorce procedure through the registry office is much simpler and takes much less time than court proceedings. For spouses, this procedure is much more comfortable - there is no need to indicate the reason for the divorce, explain it and prove the need for divorce.

The completed application is submitted by both spouses to the civil registry office at the place of residence of both or one of the spouses; you can also submit documents to the civil registry office where the marriage was registered.

Registration of divorce when filing an application from both spouses

Registration of a divorce through the registry office with the mutual consent of the spouses is optimal: the fastest and least expensive procedure for registering a divorce. To do this, the application must be accompanied by:

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How long does a divorce through the registry office and court take in Russia in 2021?

1. personal passport;
2. original marriage registration certificate;
3. receipt of payment of state duty.

In cases where one of the spouses cannot be present, it is necessary to have the statement of claim certified by a notary. A marriage is dissolved strictly according to the location of one of the spouses, with the obligatory presence of a second family member.

According to one party

Divorce through the registry office also takes place upon application from only one party; this case occurs when the second spouse:

• declared officially incompetent;
• when he is considered to have been sentenced to more than 3 years and is serving his sentence;
• if the spouse is declared missing and his exact location has not been established.

A spouse who does not meet the above conditions can file for divorce. In this case, even if you have minor children, you can be divorced through the registry office in 3 weeks. In this case, it is necessary to notify the guardian of the incapacitated party or the husband who is in prison in advance. Below is a list of documents required to be presented with the written application:

1. personal passport;
2. receipt of payment of state duty;
3. original marriage certificate;
4. a court decision declaring one of the spouses incompetent, a sentence of imprisonment or a missing person document.

It is imperative to attach a document from the guardian’s place of residence or the exact address of the institution where the convicted person is serving his prison sentence.

The duration of the process of divorce through the registry office is 30 days, the result will be the issuance of a certificate of divorce.

Unilateral divorce

As mentioned above, the law does not exclude the possibility of severing relations unilaterally. This exception allows the fact that there is no mutual consent or the presence of small children to be ignored.

In accordance with paragraph 2 of Art. 19 IC, the law allows this in cases where the second spouse:

• missing (Article 42 allows citizens to be declared missing in court if, within 12 months, family members who lived with them do not have information about their whereabouts);
• incompetent (Article 29 of the Civil Code allows judicial recognition of the incompetence of persons suffering from mental disorders that prevent them from understanding the essence of their actions);
• sentenced to a prison term exceeding 3 years (Article 15 allows such punishment to be imposed for criminal offenses of moderate gravity or even more serious).

The procedure for such separation is regulated by Art. 34 Federal Law No. 143 and is practically no different from mutual divorce.

Find out more about unilateral divorce.

How long does it take for termination to take place?

If spouses have a more constructive dialogue, then the divorce process will go much faster. In the best case scenario, when the spouses do not have any claims or disputes against each other, and they agree to divorce, the judge can even sign the papers within half an hour immediately after the resolution of the case begins (see → how long does a divorce last).

When one of the spouses is fighting to save the family, the judge may give them an additional three months to try to reconcile. If during this time the situation does not change at all, then the marriage between the spouses will be finally dissolved.

State duty amount

When applying for divorce, spouses must present a receipt for payment of the service fee.

To determine how much the state fee for divorce costs in 2021 at the registry office, let us turn to paragraphs. 2 p. 1 art. 333.26, according to which its amount, including payment for the production of certificates, is:

• 650 rubles – for mutual dissolution of marriage;
• 350 rubles – for a one-way order.

The state fee must be paid in advance, since you must have the receipt with you when submitting documents.

Please note that, according to paragraph 4 of Art. 333.35 Tax Code, the amount of the duty can be reduced to 70%. The fee is paid taking into account a reducing factor of 0.7 if documents are submitted and payment is made through the State Services portal.

Thus, the size of the state duty can be reduced to 455 and 245 rubles, respectively.

Filing a claim

In order to dissolve a marriage, you need to calm down and peacefully agree on the divorce process. There are two ways to complete a divorce and file a claim for divorce:

• to the civil registry office (→ according to form 8);
• through the court department.

It should be noted that filing an application for divorce is possible only if the spouses enter into an officially registered marriage. If the marriage between the spouses was civil, then there is no need to formalize the divorce process. Difficulties in a civil marriage arise when dividing property. If in a marriage jointly acquired property is divided in a 50/50 ratio, then in a civil marriage it is necessary to provide evidence of ownership and material participation in the acquisition of property to the court. (see → division of property in a civil marriage).

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How to file for divorce unilaterally and where to go: through the registry office, court

An application for divorce in Form 8 is filled out by both spouses and submitted to the territorial office of the registry office at the place of residence.

Terms of termination

Divorcing people are also interested in when they can consider themselves free from family obligations. The timing of divorce through the registry office is stipulated in:

• clause 3 art. 19 SK;
• clause 4 art. 33 and paragraph 3 of Art. 34 Federal Law No. 143.

Both unilaterally and mutually, this period is 1 month from the date of registration of the application. The countdown begins the next day after applying to the registry office. After 30 days, state registration will be carried out, which will formally terminate the marriage relationship.

The allotted time allows the spouses to reconsider their decision. If they suddenly change their mind about separating, they can withdraw the application before the end of the 30-day period.

If the date of registration of the divorce falls on a holiday or weekend, this event is postponed to the next calendar date after the non-working day.

Find out in more detail how long a divorce can last.

How to reduce divorce time

In order for the court to make a decision to dissolve a marriage in a short time, it is necessary:

• draw up a notarized agreement on the issue of residence of a minor child and on the procedure for his communication with the second parent;
• convince your spouse of the need to officially end the relationship (so that there is no reason to get a reconciliation period of up to 3 months and wonder when to expect a summons next time);
• preliminarily resolve the issue of division of property.

However, there are cases when it is impossible to shorten the divorce timeline under any circumstances. This applies to situations where a divorce application is filed by a husband during his wife’s pregnancy without her consent. Read more about whether divorce is possible during pregnancy.

Divorce with a foreigner

Due to the fact that Russians are increasingly beginning to marry foreigners, the issue of dissolving such relationships is becoming relevant.

Despite the different civil and legal status of the spouses, problems should not arise during the divorce of citizens of the Russian Federation and foreign nationals.

According to Art. 160 of the IC, if a divorce between Russian citizens and foreigners/stateless persons occurs on the territory of the Russian Federation, a general procedure and the same rules are provided as for Russians.

How to implement such a scam in practice is another matter. Often, due to the foreign status of the spouse, the divorce from him seems problematic, mainly due to the lack of information about his whereabouts.

Lack of communication with a foreign spouse excludes the possibility of submitting a mutual application to the registry office, and therefore the only possibility of divorce is through the court.

But here another problem arises - the spouse needs to be notified of the upcoming process, which cannot be done without knowing his address.

Divorce term if one party does not agree

If there are no common children or disputes about property, but one of the parties is against it, divorce is possible only in court. If at a court hearing one of the spouses expresses reluctance to end the marriage, the judge usually gives a period for reconciliation.

When going to court for a divorce and hoping for a quick resolution of the issue, you need to keep in mind how much time is given to think about possible reconciliation. According to Art. 22 of the RF IC, the period is three months, but in practice the time periods vary from one and a half to four months.

Divorce with a spouse in prison

The fact that a marriage partner has been sentenced to imprisonment for more than 3 years is a valid basis for a unilateral administrative divorce, regardless of the presence of children and the consent of the convicted spouse to the divorce.

To do this, in addition to the application and passport, it is enough to submit to the registry office a copy of the verdict by which the spouse was convicted of committing a crime of at least moderate gravity.

The appointed period must be realistic, since a suspended sentence does not provide for a simplified procedure for terminating a marital relationship.

After the husband/wife sends an application to the registry office, the registration authority, guided by clause 4 of Art. 33 Federal Law No. 143, within 3 days he is obliged to notify the second spouse held in prison about this and inform the date of state registration of the divorce.

As in the general procedure, termination of the relationship is carried out after 30 days from the date of filing the application.

On the appointed day, the initiator of the divorce will receive a certificate confirming the termination of the marriage.

Division of property and terms of divorce

Existing disputes about the division of common property acquired during marriage can significantly delay the divorce process: just drawing up a report on an independent assessment of property can take up to 2 months. From the article you can learn more about how long the division of property during a divorce can delay the divorce procedure.

In the case where part of the property that was acquired during marriage was hidden from the other party and was not legally divided during the court hearing in the divorce case, within 3 years you can go to court to restore your violated rights.

The article introduces in detail how and from what point the statute of limitations for the division of property during a divorce is calculated.

The moment of termination of the marriage relationship

Due to the fact that divorce is a legal termination event, the moment of severance of the marital relationship is of great importance. According to the provisions of Art. 25 of the Family Code, the family is considered broken up from the date of state registration of the divorce.

Until this moment, all rights and obligations continue to apply, and the spouses themselves do not have the right to enter into a new relationship.

When separating through court, different rules apply.

Find out in more detail from what moment a marriage is considered dissolved.

Document submission process

A statement of claim for dissolution of a marital union between spouses is submitted only to a magistrate and at the place of permanent residence of either spouse. For example, when you live with your spouse in Moscow, but he is officially registered in Novosibirsk, then you will need to file a claim in Novosibirsk. This can really be avoided when you have minor children together or you are unable to leave the city due to a serious illness. Then you are allowed to submit your application at your permanent residence address.

When, during a divorce, you also need to carry out the procedure for dividing property, and the amount of your share is more than 50 thousand rubles, then this dispute should be considered by a district or city court.

Divorce in court

Judicial procedure is a fundamentally different procedure, implying other stages, activities and deadlines.

According to Art. 21 SK, this procedure applies in cases where:

• during the marriage, the spouses had children together who did not reach adulthood;
• husband or wife does not consent to divorce;
• one of the spouses does not object to the separation, but avoids visiting the registry office and dissolving the marriage administratively.

The judicial procedure involves filing a claim with the magistrate at the place of residence of the second spouse.

If the initiator of the divorce is dependent on small children, guided by clause 4 of Art. 29 SK, he can file a claim at his place of residence.

As part of the divorce process, the court may:

• determine the future place of residence of common children;
• establish a procedure for paying alimony for them;
• make a division of marital property;
• consider other issues that the divorcing spouses could not resolve.

Find out more about the conditions and procedure for divorce through the court.

Can I apply without registration?

According to the law, it is impossible to file for divorce while in another city without registration. Registration of this case is possible only through the registry office or other institution where the marriage was registered, as well as at the place where one of the former spouses is registered.

In cases where the divorce process is brought to court, its registration will be possible only in the judicial authority that is located in the same district/city where the plaintiff lives (at the place of residence, in accordance with Article 28 of the Code of Civil Procedure of the Russian Federation), or at the place of registration of the plaintiff, if this incident is included in the list of Article 29 of the Code of Civil Procedure of the Russian Federation.

What documents are needed to get a divorce without children?

The civilized process of separation of spouses occurs as follows:

• negotiations are held with the ex-husband (wife);
• a joint application to the registry office or court to file an application is agreed upon;
• a package of documents is being collected.
• a package of documents is submitted to the competent authority authorized to carry out the divorce.

Documents in the registry office

The list of documents for divorce in the registry office is established by the legislation on civil registration and the administrative regulations for the provision of the relevant public service.

The list of documents for the registry office is exhaustive and is not subject to broad interpretation. All claims of civil registry office employees that go beyond the requirements of the law are illegal.

To dissolve a marriage in the registry office you will need:

• a completed application (Form 9) with signatures of both spouses;
• marriage certificate (original);
• passport of husband and wife;
• payment slip or receipt (payment of state duty).

Statement

An application for divorce for the registry office is filled out using Form 8. This form can be obtained directly from the registry office or downloaded on the Internet. Both spouses sign the form by appearing in person at the registry office.

In practice, the employees of the institution fill out the document themselves and only hand it over to the spouses for signing.

If the husband or wife cannot come to the registry office in person, the law allows you to sign the application in the presence of a notary who certifies it. In this case, you need to pay special attention to the accuracy and reliability of the information, avoiding the slightest error or typo.

The following fields must be completed in the application:

• personal data of the spouses (last name, first name, date and year of birth, citizenship, registration or residence address);
• passport details of each spouse (number, when and by whom the document was issued);
• information about the marriage registration certificate (number, when and by whom the document was issued);
• desired surnames after divorce;
• personal signatures of the applicant.

A sample application for submission to the registry office is presented below.

Application without a second spouse

If an application for divorce is filed administratively (without the consent of the second spouse), then Form 11 is used, which, in addition to the information listed in Form 9, contains additional information.

When submitting an application in Form 11, the following documents are attached to it:

• a copy of the court verdict convicting the spouse to imprisonment;
• a court decision declaring a person incompetent;
• a court decision declaring a husband (wife) missing;
• payment slip (receipt) confirming payment of the state duty, which is 350 rubles.

Marriage certificate

An original marriage certificate must be provided when applying for divorce at a location other than the place where it was concluded.

If the application is submitted to the same registry office that registered the family union, then the document may not be provided if it is missing. If the application is submitted to the registry office not at the place where the marriage was registered and the certificate is lost, then before the divorce you need to obtain a duplicate of the document on the marriage relationship.

Contrary to common misconceptions, the marriage certificate is not taken by the registry office, but a mark indicating the divorce is placed on it.

Passports

Original passports must be presented to the registry office specialist. After entering all the information into the program, the passports are returned to the spouses.

There is no need to provide copies of your passport.

Duty payment receipt

Only the original receipt for payment of the state fee in the amount of 650 rubles is submitted to the registry office.

If the payment was made through Internet banking (excluding the State Services service), then in any case you need to contact the bank for the appropriate check. When submitting an application through Gosuslugi, nothing is required to be confirmed.

Documents for divorce without consent

If the divorce takes place in accordance with Art. 19 of the RF IC, the grounds listed in this article (unknown absence, prison term, incapacity) must be confirmed by a copy of the court document - a decision or sentence.

Both an extract regarding the circumstances relevant to the registry office and a full copy of the decision can be submitted.

Required:

• Blue court seal on a document;
• A note about the entry into force of the decision (Sentence);
• Signature of the judge (chairman of the court) and the employee who made a note about the entry into force of the decision.

What documents are needed for a divorce through the registry office without the knowledge of the husband or wife?

Divorce without the knowledge of the wife or husband through the registry office is generally impossible.

This form of divorce is permitted only if any of the following conditions are present:

• Conviction of a husband or wife to a prison term of 3 or more years;
• Recognition of a husband or wife as legally incompetent;
• Declaration of a spouse as missing based on a court decision.

In any of these cases, divorce will be possible through the registry office without the knowledge of the wife or husband.

For this you will need the following documents:

1. Application on form No. 9;
2. Passport of the applicant spouse;
3. Marriage certificate;
4. A document confirming the presence of any of the grounds listed above: a copy of the verdict, a copy of the court decision;
5. Receipt of payment of duty in the amount of 350 rubles.

All specified documents are transferred to the registry office and after a month the institution dissolves the marriage without the knowledge of the wife or husband. To obtain a divorce, the applicant must arrive at the institution by the specified date.

What else will you have to pay for?

For notary services

There are many unexpected costs associated with a divorce in court, even if the divorce is initiated by both parties.

The fact is that if there are minor children, only the court is authorized to grant a divorce, since many issues need to be resolved:

• where and with whom the children will live;
• how they will communicate with the estranged parent;
• how much alimony will be;
• how they will be paid and so on.

Even if the spouses agreed amicably, they will have to seal their agreement on paper.

Theoretically, this can be avoided, leaving the entire agreement in words.

But what to do then if the ex-husband refuses to pay alimony or if he pays regularly, but the ex-wife finds this not enough and she files a lawsuit to collect the debt?

Therefore, in order to insure yourself against unpleasant surprises in the future, it is recommended to draw up agreements on all points that do not cause disputes.

This will also help the case be processed more quickly: the judge will have to process less data.

For the agreement to be valid, it must be notarized.

The cost of his services consists of two components: the tariff and the actual service of a legal or technical nature (in fact, this is the notary’s fee).

The tariff size is fixed, but the second part of the cost may vary.

The minimum prices for document certification are as follows:

• agreement on division of property - tariff from 0.5 to 1.5% depending on the amount of property, payment for services from 3,000 to 5,000 rubles;
• agreement on the payment of alimony – from 2500 rubles;
• marriage contract – from 3500 rubles;
• agreement on the procedure for using premises or land (if the spouses are divorced but continue to live in the same premises) – from 1,500 to 5,500 rubles;
• agreement to amend or terminate a previously certified document – ​​from 1200 to 5200 rubles.

Certifying the authenticity of a signature on any documents will cost 500 rubles, and certifying the accuracy of a copy of documents (including passports, certificates, certificates, etc.) will cost 50 rubles per 1 page of a copy or extract.

For the services of a divorce lawyer

Lawyers can not only draw up claims and agreements, select documents, but also represent the interests of the parties in court.

If the case is so complicated, and its successful resolution is a matter of life or death, you need to seek help from a professional lawyer.

Lawyers' services are not cheap, but sometimes you cannot do without them.

Average prices are:

• consultation and drawing up a claim – from 1000 rubles;
• conducting a divorce case with mutual consent of the spouses - from 5,000 rubles;
• conducting a divorce case without the consent of the second spouse - from 20,000 rubles;
• conducting a divorce case with a representative of a foreign state – from 40,000 rubles;
• conducting a case involving property disputes – from 40,000 rubles;
• conducting a divorce case involving children – from 20,000 rubles;
• collection of alimony – from 15,000 rubles;
• deprivation of parental rights – from 20,000 rubles;
• establishing paternity – from 40,000 rubles.

Average cost of preparing important documents:

• agreement on payment of alimony – 5–10 thousand rubles;
• agreement on the procedure for communicating with children – 5–10 thousand rubles;
• agreement on division of property – from 10 thousand rubles, depending on the size of the property;
• drawing up a marriage contract – from 15 thousand rubles.

Divorce methods and their costs

There are only two ways to dissolve a marriage:

• Directly through the registry office.
• Through the court.

Divorce directly through the registry office is possible only in some cases provided for by the Family Code.

And although getting a divorce by mutual consent or in the absence of the other party is faster and cheaper, you will still have to pay a mandatory state fee - a fee.

Its amount in each case is regulated by Article 333.19 of the Tax Code.

Specifically, for a divorce through the registry office, this tax amount ranges from 200 to 400 rubles.

So it will not be possible to break Hymen’s hateful bonds completely free of charge.

In fact, this is payment for the work of the registrar and the costs of obtaining a divorce certificate.

In addition, sometimes you have to bear additional costs for a notary to certify the agreement and an appraiser to document the value of the divided property.

Approximate sample application for divorce

Lawyers conditionally divide such a claim into three parts. The first part is formal, it most often indicates the name of the court, which judge is being addressed, and you must also indicate your data and details.

The second part of the application is detailed information about when the marriage took place, when the marital relationship ended and for what reason you want to dissolve the marriage.

The third part of the application is the final part; it will contain legal norms that fully substantiate your wishes and requirements. There is also a list of all documents that are attached to your application.

Next, you will need to date the application and sign it.

An example of filling out an application for divorce through the court can be found here.

You can also be provided with an example of how to file a unilateral divorce at the registry office or in court, depending on where you will be dissolving the marriage without the presence of one of the spouses. Employees of these institutions are obliged to explain to you all the intricacies and features of this process. But it’s easier to seek free legal advice online.

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How to pay the state fee?

The amount of the state fee for divorce is set by the payer independently.

Article 333.19 of the Tax Code, where all amounts are given, comes in handy here.

You will also have to set up the details for paying the fee yourself.

But they are very easy to recognize:

• at the court office or at the registrar of the registry office;
• at the information stand in the lobby of the establishment (usually application samples are also located there);
• on the official website of the authority - the court or the registry office.

The only thing you need to pay attention to is that the details match exactly the institution through which the divorce is being processed.

You can pay the state fee in any way:

1. Through the bank's cash desk: here you need to fill out a receipt and give it to the cashier along with the money.
   The receipt must contain the following information:
   • name of the payment recipient, his TIN and BIC;

   OKTMO code;

2. full name of the receiving bank;
3. recipient's current account number;
4. last name, first name, patronymic (in full) and address of the payer;
5. purpose of payment (divorce);
6. amount of state duty.

The cashier will give the client the top part of the receipt with the bank's seal and notes on the payment made. It is this that must be submitted with documents to the court or the registry office.

7. Through ATMs or self-service terminals. Such machines are available in banks, some stores, and sometimes in the courthouse or registry office itself. Here you do not need to fill out a receipt, you just need to correctly enter the same data into the system. The check issued by the machine will serve as a receipt. The convenience of this method is that you can pay the state duty non-cash.
8. Through an Internet banking system, for example Sberbank online. Here the payment is similar to that described above. An undoubted advantage of this method: payment can be made even from home. The main thing is not to forget to print the receipt.

Payment of the state fee is a prerequisite when filing a claim in court or an application to the registry office for divorce, so these expenses are inevitable.