Application for divorce from the magistrate of precinct No. 5 of the Zheleznodorozhny district of Penza

Divorce procedure at the registry office

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Our articles talk about typical ways to solve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free! After the application for divorce has been drawn up, you need to decide where it is best to file it. From this article you will learn what features and innovations were made in 2021.

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If you are on the verge of divorce, you are faced with many different questions. At the first stage, you need to decide whether you will submit an application to the registry office or to the court. Everything is quite simple here. You need to go to the registry office if there are no children under 18 years of age and there are no disputes about divorce. Don't forget to fill out an application first.

When all the documents have been prepared, it is time to determine which registry office the application should be submitted to.

The best option would be to contact the registry office where you registered your marriage. All the documents about your couple are already there, so no problems will arise.

Now imagine that one or both spouses moved to another city. In this case, you need to contact the registry office at your place of residence.

In 2021, an application for divorce can be submitted to the registry office if there are no children and property disputes. In all other cases, you need to write an application to the magistrate’s court at the defendant’s place of residence. Please attach to your application: a copy of your passport, a copy of your marriage certificate and a receipt for payment of the state fee. If the divorce takes place in the registry office, then each spouse must pay 650 rubles. If a claim is filed in the magistrate's court, then the plaintiff pays a state fee of 600 rubles.

The period for consideration of your application at the registry office will be only 30 days. During this time, you can change your mind and pick up your documents. If after 30 days you are also determined, come to the registry office and receive a divorce certificate.

If you live in Moscow, use the Moscow registry office website to find out the address of the desired registry office.

How to draw up and submit an application for divorce

To apply for divorce online you need:

• mutual agreement
• or a court decision that has entered into force.
• absence of minor children in the family
• property disputes.

Work actions are performed jointly or separately. Divorce certificates are obtained from the registry office. Transfer of these documents in electronic form is not provided.

For your information! It is impossible to submit applications through the State Services system using a power of attorney.

To complete the procedure, you need to prepare a passport of a citizen of the Russian Federation. The foreigner submits the following identification documents:

• national passport with certified translation;
• residence permit (for permanent residence in Russia).
• you will need a marriage certificate
• confirmation of payment of state duty.

At the final stage, the registry office certifies the fact of dissolution of the marriage. The applicants are given divorce certificates. Passports are stamped with special stamps.

Official authorization is required to use this remote technology. To send copies of documents as files, an electronic signature must first be issued. You can file for divorce through State Services using the step-by-step instructions below.

In the “For Citizens” section, follow the link to your personal account to start working in private mode with automatic encryption of the transmitted information.

One of the advantages of electronic registration through State Services is a significant discount, which is provided in the amount of 30% of the base tariff from 01/01/2017.

The next advantage is the ability to choose a convenient calculation method:

• through the electronic payment system - Yandex.Money, QIWI, Webmoney;
• by bank card - MIR, Visa, MasterCard;
• from a personal account with a mobile operator.

According to the example under consideration, each applicant must pay a state fee of 455 rubles. (650 (standard) - 30%).

What to do if you don’t have a residence permit

To the courts according to the rules of Art. 24 Code of Civil Procedure of the Russian Federation, claims can be filed:

• at the defendant’s place of residence in accordance with the general procedure;
• at the place of registration of the plaintiff - if the latter lives with a minor child or has health problems.

File a lawsuit not at the place of registration and bypassing the conditions described in Art. 24 of the Code of Civil Procedure of the Russian Federation, it is impossible - the court will simply return the documents due to lack of jurisdiction. There are no ways to circumvent this circumstance - even temporary registration is not a basis for changing the rules of jurisdiction.

Divorce through the registry office can be carried out both at the place of residence of either spouse and at the place of registration of the marriage. This procedure is not tied to registration.

To the civil registry office - yes, to the courts - no. When filing with the courts at the place of residence of the plaintiff or defendant, such place is understood only and exclusively as official registration - that is, registration.

All other cases do not fall under the jurisdiction of the court.

When submitting to the registry office, the spouses themselves have the right to choose the place where the application for divorce is filed:

• At the place of residence of one of the spouses;
• At the place of marriage registration.

However, the law does not establish strict rules for linking divorce to the territorial registry office. Spouses are free to submit an application even through State Services and appear at the registry office closest to their place of residence.

IMPORTANT: When applying at a location other than your place of registration, only the place of official or temporary registration of one of the spouses is considered the place of residence!

Thus, you can submit an application to the registry office not at the place of registration, if only you submit the application at the place of registration of the second spouse or at the place of registration of the marriage relationship!

Example: The Ivanovs did not live together for a long time. The wife went to Tomsk to visit her mother, although she was registered in Volgograd, and the husband moved to Moscow, where he received permanent registration. At the same time, the marriage was registered in St. Petersburg, where the couple previously lived. When the wife wanted to get a divorce, the question arose about how she could file an application outside her place of registration.

It was decided that the husband would submit an application at his place of registration - in Moscow, and the wife would send a notarized application by mail. As a result, the marriage was successfully dissolved by the wife not at her place of registration.

The legislation also provides for situations in which spouses are in different cities or do not live at the place of registration. If it is impossible to submit an application at the place of registration or one of the spouses is in another city, two options are available:

• Obtain temporary registration at your place of real residence, and then submit an application;
• Obtain a certificate of registration at the place of residence, and then send the certified document by registered mail to the Civil Registry Office at the specified location.

It follows that the first option will cost more, since two documents need to be certified by a notary at once, and the second option may create some delay due to possible delays in delivery of a registered letter.

Divorce through court proceedings is considered a complicated procedure. It is mandatory to get a divorce through the court only if circumstances do not allow you to go through a simplified procedure. Such circumstances include:

• Presence of minor children;
• The issue of the place of residence of a minor child after a divorce has not been resolved;
• The division of property is declared along with the divorce, if the requirements for the division of property can be considered simultaneously with the divorce.

If the spouses have reached an agreement on who the child will remain with after the divorce, it is necessary to apply to the magistrates’ court; if there is no such agreement, to the district court.

Only one party files a claim for divorce, the other acts as a defendant.

The place of registration of the plaintiff does not play a significant role in this case, but it is important to file the claim in the court that is geographically tied to the defendant’s place of residence.

For example, a husband lives in Tambov and wants to divorce his wife, whose registered place of residence is in Lipetsk. It is necessary to file a claim in the Lipetsk court that serves the area where the spouse is registered. In the example given, the court hearing will take place in Lipetsk, which means that the spouse or his authorized representative will need to appear at it.

Note: The law also provides for the possibility of divorce at the plaintiff’s place of residence, if only minor children live with the plaintiff and there is appropriate registration. If the plaintiff is registered in Moscow, the defendant in St. Petersburg, and in fact the plaintiff and defendant live in Volgograd, then the claim can only be filed at the place of official registration of the defendant - in St. Petersburg.

Divorce through the registry office

The divorce procedure through the registry office is simplified, but requires compliance with the following conditions:

• Mutual desire of both spouses to end the marriage;
• No minor children.

If one of the spouses has a child from their first marriage, a divorce procedure is still possible through the registry office. It is necessary that the divorce process affects only adult family members, does not violate anyone’s interests and is carried out by mutual consent.

The place of registration in this case is not particularly important - the application can be submitted both at the place of registration of the marriage and at the place of registration of the husband or wife. An important nuance: the application is submitted both ways.

The package of documents depends on the method of divorce. When submitting an application to the registry office, a passport of the husband and wife, a marriage certificate and a receipt for payment of the fee are sufficient.

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Note: When applying to the registry office that registered the marriage, a marriage certificate is not required. In other cases, divorce without a marriage certificate will be impossible.

If a statement of claim is filed, the applicant collects the following papers:

• Passport and its photocopy;
• Marriage registration act (copy of the certificate or on the right from the registry office);
• Birth certificate of a currently minor child;
• Certificate of place of residence and family composition;
• A document from the place of work about the amount of income - upon a request for alimony, if one is filed along with the divorce;
• Receipt for payment of state duty.

Depending on the nuances of the divorce, additional documents may be needed in each specific case; an experienced lawyer will help you establish an exact list of them. You can contact our specialists for a free consultation at any time and receive it as soon as possible on the most complex issues related to divorce.

You can file for divorce only at the place of registration of the applicant if he is unable to move due to health reasons. If spouses have no claims against each other and no children together, they do not need to go to court. In this case, the divorce is formalized through the registry office.

To find out how to file for divorce at your place of registration, you need to familiarize yourself with the norms of the RF IC. By law, the union is dissolved within a month from the date of filing the application. A 30-day period is given to the couple to prepare the missing papers and reconsider the decision. After the divorce process, the former spouses need to contact the registry office to pick up a divorce certificate.

The divorce procedure begins with the spouses submitting an application to the registry office. The document is drawn up according to form No. 8 or No. 9. Form No. 8 is used if the husband and wife agree to divorce and do not have any claims against each other. The document must contain the following information:

• passport details of the spouses;
• details of the marriage certificate;
• date of compilation;
• final names of citizens after divorce;
• signatures of the parties.

If the divorce process is initiated by one of the spouses, he needs to fill out Form No. 9. It has a similar structure and contains an additional clause about the reasons for divorce. You must submit your application to the Civil Registry Office in person. If this is not possible, the document must be certified by a notary.

Important: you can get a divorce through the registry office if one of the spouses is declared missing or is imprisoned for a term of more than 3 years.

Divorce online? How to get a divorce on the Internet and what you need for this

If a citizen is looking for a way to quickly get a divorce, then it is recommended to pay attention to the government services portal. To submit an application on the government services website, you need to fill out a special electronic form.

Step-by-step application submission through government services:

1. Log in to your personal account. Then, in the services section, select the “Family and Children” category.
2. Next, click on the “Change family composition” action. Then you just have to click on the divorce option.
3. Next, from the list of situations, you need to choose the option that suits you - the presence of a court order and the consent of one or both spouses, filling out an application by both partners.
4. After choosing the appropriate option, the user is recommended to familiarize himself with the features of the divorce process - the duration of the procedure, the amount of the fee, etc.
5. The applicant is also asked to fill out a special form. Some data is entered automatically, since the citizen indicated this information when registering his personal account. The fields marked with red asterisks are required to be filled out.
6. At the final stage, you must pay the tax. The action is performed in a non-cash manner.

If there is a child, divorce through the registry office is generally impossible; the law excludes this possibility. It is permissible only if the husband is declared missing by a court decision or sentenced to imprisonment under articles of a certain gravity. If the spouse is alive, lives either in the family or alone, and does not object to the divorce, the very fact of having a child automatically transfers the dispute to court.

Accordingly, you will need:

• a statement of claim for divorce outlining the reasons for the unilateral refusal to continue the marriage relationship and the requirement to establish alimony;
• receipt of payment of state duty;
• marriage certificate;
• birth certificates of children, adoption data;
• documents for property, if we are talking about division;
• evidence, witness statements, other documents confirming the stated requirements.

An additional document may be a draft settlement agreement, which sets out the principles of division of property, for example, with the allocation of a larger share to the spouse in connection with raising a child.

So, how to apply for divorce through the public service portal? Below are instructions for using the site.

In order to order any service, you must have an authorized account. If you are not registered on the site, you will need to register (fill in all specified fields and follow all instructions offered by the system).

If the account has our step-by-step algorithm for you:

Log into your account and hover over the “Services” button in the upper right corner of the site.

There are several options to file for divorce online:

1. State Services website.
2. Contacting companies that provide divorce services as intermediaries.

Just choose any convenient method. The cost of services in the second case will be much higher than when applying independently. Divorce when contacting mediators will take less time, since lawyers specializing in registration of divorce are experienced and familiar with all the nuances that occur when registering an application.

Registration has been completed, then select the required service: filing an application for divorce. By clicking on the “Get” button you will open a form for completing an online application for divorce. Please fill out all fields carefully. Some of the data is filled in automatically, the same as what was specified when registering on the site. You will need a scanned copy of your passport to upload to the portal. You also upload copies of the marriage certificate and a copy of the second spouse’s passport.

The issuance of a certificate requires payment of a state fee. It can also be paid online. In the service description there is a documents tab, where you will find payment details. Select the required type of payment, amount, fill in your personal data, address and open the receipt form. Then you can visit the bank yourself to pay, or use Internet banking and make a payment using the specified details. Download confirmation of payment and attach it to the appropriate box on the application form.

You can track the status of your application here on the portal in your personal account. After processing by a specialist, you will receive a notification either by email or by phone number specified during registration. The document is received in person at the registry office. The notification contains the address, date and time of receipt of the documents. If you filed for divorce through public services without your husband, then both of you must appear for the certificate to confirm his consent to the divorce.

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Divorce through public services does not mean exemption from paying state fees. The plaintiff (the one who will submit the application) or both parties will have to pay the state fee if the filing involves the presence of two spouses.

The type of payment of the state duty does not matter, the main thing is to document the fact of payment. So, the state fee can be paid in the traditional way, through a bank or online, or you can do it on the government services website. You will be offered to process the payment when filling out the application, and most importantly, when paying through government services, there is a 30% discount. That is, instead of 650 rubles, the state duty will be 455 rubles. It's a small thing, but nice.

If the marriage is dissolved in the registry office, the state fee will be:

• At the registry office - 650 rubles for each spouse
• In court - 600 rubles from the plaintiff, then upon receipt of a certificate from the registry office - 650 rubles from each spouse
• At the registry office - 350 rubles if the spouse is incapacitated, missing or is in prison

We will help you assess possible risks and prospects.

Divorce in the registry office on the grounds provided by law

If a husband and wife have any property claims against each other, this does not interfere with them and does not change the procedure for divorce through the registry office. Later, after a divorce, it is allowed to submit the corresponding claim to the court for the division of property.

In cases where married couples have registered their relationship in the territory of other states in compliance with all formalities, they will not be able to go through a divorce case through the registry office in Russia. They will have two options - appeal to the judicial authorities or divorce in the country of its registration.

Of course, everyone divorcing a marriage is interested in the question of when they will be divorced. The law establishes that no more than thirty days should pass from the moment the application for divorce is filed until the moment when the registry office employees must provide a certificate of divorce. It would have been possible to shorten this period, but the legislator decided to make it longer in order to give at least some time to the man and woman to think about their action.

The duration of the divorce process is established by law; it cannot be changed by anyone. If the spouse wishes to increase this period, he will need to go to court. There, the case can take up to several months to be considered. For a divorce through the court, the desire of one spouse is sufficient. If the other does not agree to this procedure, then the court will still be forced to dissolve the marriage. Although in the judicial divorce process there are also some exceptions and nuances.

If the spouses decide not to get a divorce during the specified period, then they simply need to no longer come to the registry office for divorce certificates.

The union will be preserved, but the state duty paid by the spouses will not be returned to them. If the couple does not change their decision during this time, then only one spouse can appear to receive a divorce certificate.

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But it is advisable to pay special attention to the fact that this practice does not exist in all constituent entities of the Russian Federation. In some, in order for the marriage to be saved, after submitting the application, the spouses need to contact the registry office again and withdraw their application. If the spouses do not do this, then after 30 days the marriage is dissolved automatically.

Divorce in the registry office on any of the previously listed grounds requires the provision of additional documents and the completion of certain actions.

When a family union is dissolved with an incompetent person, the second spouse needs to obtain a conclusion from a psychotherapist. Instead of an incompetent person, an application for divorce can be filed by his guardian, who is the legal representative, or a certificate from the medical institution where the sick spouse is located can be submitted to the registry office.

When divorcing a marriage with a person sentenced to imprisonment, it should be taken into account that such a divorce is possible if the term of imprisonment is more than 3 years. This must be certified by a court verdict.

Termination of a marriage due to death will require the presentation of a death certificate of the spouse, and a divorce from a missing spouse will require a certificate from the internal affairs bodies or a corresponding court decision.

Marriage relations, including divorce, in Russia are regulated by the Family Code, as well as other legislative acts.

Let's look at a more difficult case, when the divorce process goes through the court. There are several cases:

1. If you have children under 18 years of age.
2. The same applies to couples in whom there are disputes about the division of property.
3. If one of the spouses does not want to get a divorce at all.

The court's main task will be to determine the rights of your children. It will be necessary to approve who the child will stay with. You will also have to decide on the visitation time for the second spouse. In court it will be possible to resolve the issue of division of property.

The court must be indicated depending on the place of registration of the defendant (second spouse). Although there is an exception here too. If you have a child or suffer from a serious illness, documents can be submitted at your place of residence.

At this point, you have decided what needs to be done, but the question remains as to which court the statement of claim should be submitted to.

If there are no children, you can go to the magistrate's court. You can even go to the magistrate's court with children, if there are no disagreements on issues of alimony and the place of residence of the children. In other cases, you need to go to the district court.

Before carrying documents, be sure to pay the state fee. In 2021, it is 600 rubles, which the plaintiff must pay, otherwise the application will not be accepted at the court office. After this, you can personally bring the application and the entire package of documents. If it is not possible to come in person, send documents by registered mail.

Then you will have to wait 3-4 weeks before the first meeting is scheduled. You and your second spouse will be notified about it by telephone and by mail.

The court will listen to evidence and arguments from both sides, and you may also be given additional time for reconciliation so that the family does not fall apart.

In our practice, divorce through court lasts about 2 months. After this, another 30 days must pass before the decision comes into force. If the other party does not challenge the decision, you can come to the registry office for a divorce certificate.

To determine the address of a district or magistrate court, use the official service to determine jurisdiction.

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The question of how the divorce procedure occurs in practice, and what actions must be performed by the husband and wife in order to receive the final certificate, concerns all spouses without exception. The divorce procedure through the registry office is also strictly regulated, as is the judicial process. However, one should start not with regulatory procedures, but with making a mutual decision on divorce.

The entire procedure can be represented as the following step-by-step instructions:

1. The adoption by husband and wife of a unanimous decision to terminate the family relationship;
2. Establishing compliance with the conditions of this procedure: no common children under the age of 18;
3. Payment of the state fee in the established amount (for more details, see the article “How much does it cost to get a divorce in 2021”);
4. Submitting a joint application to the registry office or separate documents in cases provided for by law;
5. Contacting the local civil registry office to register the fact of divorce and obtain a certificate;
6. Making a corresponding entry in the vital records by the civil registry office employees;
7. Obtaining a certificate of termination of marital relations, as well as putting a corresponding mark in the passports of former spouses.

After passing all these stages, the marriage will be officially terminated and the divorce procedure will be completed.

Divorce rules

The standard procedure for filing an application requires the husband and wife to personally appear before an employee of the territorial civil registry office or MFC, and to fill out a joint document form in their own hand.

In many MFCs and registry offices, a specialist from the institution will enter the data into the computer, print out the application form and invite the spouses to check it and, if everything is correct, sign it.

An exception to this rule is allowed only if a notarized document is sent. In such a situation, applications from each spouse will submit separate independent forms. At the stage of accepting documents, it will be necessary to indicate the fact that the applicants do not have common minor children, otherwise a divorce through the registry office will be impossible.

After receiving the documents, civil registry office employees must set a time when state registration of the termination of family relations will be carried out. In the presence of one or both spouses, this entry will be entered into the civil registry, and a divorce mark will be placed on the original certificate.

Each spouse will be issued a divorce certificate, which will indicate the personal data of the former spouses, as well as the surnames assigned to them after the divorce.

Leninsky Civil Registry Office department

Where is it issued?

Questions and answers

Tatyana My husband and I have not lived together for 3 years. I live in St. Petersburg, and he lives in Moscow. I decided to apply, but my husband says that he has no time and is not going to come. Tell me where to apply.

AnswerIf you have children under 18 years of age, you can go to court at your place of residence. If there are no children and the spouse is against the divorce, you will have to go to the magistrate’s court at his place of residence, to one of the Moscow courts. If he is not against the divorce, but simply does not want to go, submit an application to the registry office at your place of residence. The spouse can write out a power of attorney for some relative or lawyer in St. Petersburg so that he comes to the registry office on his behalf.

Marina We want to get a divorce, we have a 7-year-old daughter. We both live in Tyumen and are registered in Saratov. I have absolutely no desire to go to Saratov, what can you advise?

Answer: Since you have a minor child, you need to submit documents through the court. You can contact the district or magistrate court of Tyumen. The exact court address will depend on your residential address.

Svetlana My husband and I haven’t actually lived together for 5 years. We have a daughter from our marriage, she is 3 years old. I wanted to file for divorce in court, but I don’t know where. I don’t know my husband’s residential address either. Can you please tell me what to do?

Answer Contact the district court where you live. You can provide your spouse's last known address.

Multifunctional center “My Documents” - Izhevsk

Where to go

How to establish paternity in Izhevsk in 2021

How to file a divorce through the registry office by mutual consent without children and property

In case of any disagreement between the spouses, the divorce is formalized through the court at the place of registration. A lawsuit is filed in court stating that further joint relationships are impossible and must be terminated.

Consideration of a divorce case in court at the registered address of one of the spouses is carried out for two reasons: the plaintiff lives with a child who has not yet turned 18 years old, or is unable to move for health reasons.

When filing applications for divorce at the place of registration, the court gives a delay of 3 months so that the spouses can reconsider their decisions: resolve disputes peacefully or remain married. For example, spouses can enter into an amicable agreement on the payment of alimony. If within a three-month period the decisions of the parties remain unchanged, the court will dissolve the marriage. The property will be divided in accordance with the RF IC.

It is necessary to terminate a relationship in court if the initiative comes from only one of the spouses or the parties have disagreements regarding the division of property. A claim for divorce can be filed at the place of residence (registration) of one of the parties.

If one of the spouses does not agree to a divorce, he can file a response to the statement of claim for divorce.

The application is submitted to the registry office at the defendant’s place of residence. If this address is unknown to the plaintiff, then you should contact the registry office at the defendant’s place of residence, known to the other party, or at the location of the spouse’s real estate.

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The court makes a decision within five days: accept the claim or reject it. If the verdict is positive, the divorce document will be prepared within 30 days. You can receive it at the registry office - in person or through a proxy.

Yes, if the following conditions are met for conducting divorce proceedings through a civil registry office:

1. Mutual agreement has been reached on divorce from the second spouse;
2. There are no joint minor children from a common marriage.

If, after submitting an application to the registry office, the second spouse suddenly decides that he does not agree with the termination of the relationship, which he declares at the institution or simply does not appear for a divorce, the registry office will refuse to dissolve the marriage and this issue will have to be resolved through the court.

Also, in exceptional cases, a marriage can be dissolved at the registry office without meeting the above conditions:

• If the spouse is in prison with a sentence of 3 years or more;
• The husband went missing, which was confirmed by a court decision;
• The spouse was declared incompetent by the court.

In these cases, the registry office will dissolve the marriage without clarifying the position of the spouse and regardless of the presence or absence of children. These facts must be confirmed by documents - relevant court decisions.

Each of us knows that a divorce can be filed in two ways: through the registry office and by going to court. Filing a divorce without a trial is much simpler and, as a rule, even faster.

It is possible to avoid legal proceedings in the following circumstances:

• there is not a single common child in the family under the age of 18;
• the husband and wife not only came to a common agreement regarding divorce, but are also ready to come to the registry office and fill out an application there.
• no property disputes

The existence of disputes between spouses regarding joint property assets has no legal significance for the possibility of dissolving a marriage by mutual consent in the registry office.

Even if a husband and wife have had and continue to have a long-term conflict over the division of property, this does not prevent them from resolving the issue of filing a divorce by going to the registry office to sign the necessary documents. They will have the right to divide property after a divorce at any time through the court, as well as by concluding an out-of-court divorce agreement with a notary.

To quickly obtain a divorce without children and property, the husband and wife must appear in person and write an application to the registry office. General consent and the absence of children in this case will not have legal significance if at least one of the spouses evades the voluntary termination of the marriage without trial.

Important! The legislation does not allow the possibility of forcing an evading party to submit an application to the registry office. Going through the divorce procedure in this instance is a purely voluntary matter, therefore consent must be supported by a specific action - going to the local registry office and signing an application or sending a notarized document to the civil registry office.

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Formally, the Family Code of the Russian Federation allows for the option that one or even both spouses may not be personally present at the registry office. This action can be performed by having a notary certify your signature on the application and sending it by mail. This procedure is not common in practice, since the cost and relative inconvenience of notary services make this process much more difficult than an absentee divorce through the court.

If you encounter any problems related to filing for divorce, you can contact our lawyers for a free online consultation. Write to them right now!

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Divorce with children

As mentioned above, the presence of a minor child in the family automatically excludes the possibility of ending the marriage in the registry office. This is due to the need to protect the rights of children and both parents, since only in court can all the nuances of a child’s future upbringing be established and his place of residence and the procedure for communication with family members determined.

If a husband or wife has minor children from previous marriages, then they will not affect the divorce procedure. The legislator clarifies in the Family Code that we are talking only about the presence of common children.

If a family has no children, divorce by mutual consent through the registry office is not only possible, but will also be much simpler than a judicial procedure. When submitting an application, there is no need to address other aspects of the termination of the relationship between husband and wife (possible alimony obligations, conflict situation with property, etc.).

The Family Code contains three important exceptions regarding the possibility of divorce through the registry office not only without the participation of the second spouse, but also without his consent and even in the presence of common children.

These exceptional circumstances are:

• establishing the fact of incapacity of the husband or wife;
• official recognition of one of them as missing;
• imprisonment for more than three years.

To confirm each of these circumstances, it will be necessary to provide written evidence - a duly certified decision or verdict of the judicial authorities.

In all other cases, divorce without a second spouse is possible only by filing an application with the court.

How long does it take to file a divorce? In paragraph 3 of Art. 19 of the RF IC regulates that registration procedures at the civil registry office cannot last more than one month from the date of filing an application by both spouses (or one of them in the exceptional circumstances mentioned above). This is the fastest way.

This time frame includes not only the actual entry of the divorce into the state register, but also the theoretically possible time limit for reconciliation.

After submitting the documents, the spouses are given a month to possibly cancel the divorce procedure. If the application is not withdrawn, then in exactly one month the marriage will be terminated.

To officially complete the procedure, at least one of the spouses must appear at the registry office on the appointed date. In his presence, the marital relationship will be dissolved and the state registration procedure will be carried out. The civil registry office employee must present the original marriage certificate, which will be marked with a divorce mark. A divorce certificate will be issued in person.

How to properly divorce through court in 2021 - step-by-step instructions

First of all, the desire of both citizens or one of them is required. Then it remains to follow the simple path:

• collect a package of all necessary copies and originals;
• to write an application;
• contact the registry office or the court;

Fill out by hand on a blank sheet of paper or according to a sample. It can be obtained from the registration authority, in court, or downloaded from the website.

The main lines include the information:

• Full name, date and place of birth;
• citizenship;
• nationality (optional);
• education;
• identification document;
• place of residence;
• details from the marriage certificate - number and date, as well as the name of the issuing authority.

There are 3 authorities that will help solve the problem. Which one to go to depends on several parameters:

• Civil registry office - if there are no mutual claims regarding part of the property, both parties agree to divorce, there are no minor children;
• Magistrates' Court - as a general rule, when there is at least one child under 18 years of age, but there are no other disputes;
• district court - people come here if there are difficulties, according to Art. 2 Code of Civil Procedure of the Russian Federation.

If you have to contact the registry office, it is better to go to the one where the registration took place. In case of a judicial outcome, it should be filed at the place of residence of the defendant or plaintiff, if it is not known where the second spouse lives. You can also create an application through the State Services portal.

The entire divorce process goes through 4 stages:

• information and confirmation are collected and copies are made;
• the fact of filing with the registry office or the court along with the necessary papers and a receipt for payment of the fee;
• both parties are notified about when and what time the next meeting will take place, but the personal presence of the initiator of termination is required;
• 30 days are given for reconciliation, then a decision is made on divorce.

If a month is set for a truce, and the citizens do not appear at the next scheduled hearing, then the people will be considered to have changed their minds, and their original demand will be canceled.

In the case of the administrative process through the registry office, it will take exactly a month. It begins the day after submitting the application and lasts 30 days. It ends with the issuance of passports, which already have new stamps.

If only one representative of a couple wants to divorce, then the trial can drag on for up to 4 months. A month is added to this time, and those who do not agree have the right to spend time drawing up a claim and complaint, and try to return the marriage. After this period the decision will become legal. This is the maximum duration under such conditions.

When only one half wants to get a divorce, and the other does not show up for the hearing at all, then everything will drag on for six months, as well as a month for entry.

If property has to be divided and the partners cannot come to an agreement, then the period can increase to one and a half years or until they decide.

You are allowed to contact this authority when:

• partners have a child, but the place of his further residence, communication with the second parent and financial support are determined independently by citizens, that is, there are no questions regarding children;
• in controversial cases - if a couple has no children, but one of the parties does not want to get a divorce, the same is done in situations where there are difficulties in determining the owner of property with a value of no more than 50,000 rubles.

On the State Services portal it is possible to obtain three types of divorce registration services:

1. Registration of divorce by mutual consent means that you are dissolving your marriage through the civil registry office in the Russian Federation.
2. Registration of divorce based on a court decision with one applicant - to receive this service, you must already have in your hands a court decision to dissolve your marriage unilaterally.
3. Registration of divorce based on a court decision with two applicants - to receive this service, you must already have a court decision on the divorce of your marriage.

The service of registering divorce is not the process of divorce itself, but a record in the registry office that your marriage has been dissolved. That is, if you have family or property disputes that require third-party intervention, you will have to first file a lawsuit in court. This service helps to save time when filing applications, avoid unnecessary trips to government agencies and reduce the cost of the divorce fee (payment of the fee through the government services portal is at a 30% discount).

The concept of “divorce on the Internet” is suitable for the first service – registration of divorce by mutual consent. By using this electronic service, you do not have to meet with your spouse during the divorce process. You will only need to visit the registry office to obtain a divorce certificate.

Registration of divorce by mutual consent through the State Services portal is only possible if you plan to get a divorce through the civil registry office in the Russian Federation.

That is, citizens of the Russian Federation can submit an application for divorce online if:

• you have no minor children;
• both spouses agree to divorce;
• there are no disputes regarding the division of property;
• your spouse has gone missing*;
• your spouse has been declared legally incompetent*;
• your spouse has been sentenced to more than 3 years*.

* If your case fits one of the last three points, then you can divorce without the consent of your spouse, regardless of whether you have joint minor children.

! IMPORTANT Even if during the divorce the spouses agreed on all controversial issues, the presence of children under 18 years of age is a condition under which a divorce through the registry office is not possible, and you will have to file a claim in court. That is, if you have children, you cannot apply for divorce through State Services!

If you have minor children, there are property disputes, one of the spouses does not agree to a divorce, or a division of common business and debts is required, a divorce through the registry office is not possible. Refusal by one of the spouses or failure to comply with the established procedure for termination is equivalent to the presence of disputes. In this case, the initiator of the divorce must go to court to make a decision.

If a divorce through the registry office was not possible for you, and you had to go to court for divorce proceedings, you can still use the electronic service on the portal to save time when obtaining a divorce certificate. This is possible if you already have a court decision on divorce. In this case, when choosing a service, you need to select “Registration of divorce based on a court decision by two applicants.”

If you have a court decision that your spouse is missing, incompetent, or serving a sentence of more than 3 years, and it has already entered into legal force, you can use it.

The procedure for completing the application is similar to filing an application for divorce by mutual consent, except that you will need to provide details of the divorce decree document and you will not need an electronic signature to confirm the divorce application.

The term for providing the service is 1 business day from the date of registration of the request. Please note that the court decision on divorce must enter into legal force.

Despite the fact that not all processes for obtaining services remotely have been perfected, using the state portal undoubtedly saves applicants time and money. By using electronic services, you can avoid waiting in lines or unwanted meetings with your ex-spouse. If you find it difficult to navigate the divorce process, and you cannot do without a court decision, we recommend that you contact experienced divorce specialists. Lawyers will help save your time, nerves and property that will have to be divided upon divorce.

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How much does divorce cost?

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Obtaining a divorce certificate is possible only after paying the state fee. Its size is affected by:

• Ways of termination - through the court or the registry office;
• The value of jointly acquired property or savings;
• Is property divided between spouses?
• What other requirements are stated in the divorce suit?

The state fee for divorce through the registry office is 650 rubles and is paid by each spouse.

If a claim is filed in court that is not related to the division of property, the plaintiff pays 600 rubles for filing a claim. Then the ex-husband and wife pay 650 rubles each when they receive certificates from the registry office.

IMPORTANT: If, in addition to divorce, spouses decide to divide property, then the amount of the fee will directly depend on the value of the property being divided. For more details, see the article “Statement of Claim for Divorce and Dissolution of Marriage.”

How to file for divorce through court

The period for consideration of a claim for divorce can be reduced only in exceptional cases. Pregnancy is such an exceptional case. Before starting the divorce process, you need to obtain a pregnancy certificate.

Divorce does not depend in any way on the existence of a marriage contract. Such an agreement is drawn up before marriage in order to protect the property of the spouses acquired before marriage. If your spouse does not consent to the divorce, file a claim with the court. You will be given 3 months for reconciliation; after this period, the marriage is subject to dissolution, even if one of the spouses still refuses to divorce.

If there is a dispute between parents about the place of residence of the child, then this issue is resolved in court.

The main factors influencing the court decision:

• the child’s opinion about which parent he wants to stay with after the divorce
• the desire of the parents themselves to raise the child
• physical and mental health of parents
• parents' financial capabilities

Representatives of the registry office 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.

If these conditions are met, an individual can submit documents in person or through the State Services portal. Processing of the received data will begin only after payment of the state fee.

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

Such processes are initiated in cases where the spouses have not agreed on any significant aspects of the divorce (residence of joint children, division of jointly acquired property, if its estimated value is over 50 thousand rubles). The duration of the divorce process usually does not exceed 2-3 months, depending on the workload of the judicial authority and the circumstances of the case.

As a result of the dissolution of the marital relationship, the spouses receive a document indicating the fact of divorce. Often, when figuring out how to quickly divorce a husband, women are interested in obtaining a divorce certificate, because only with this document can they enter into a new marital relationship, take out a loan, and make real estate transactions.

The document is printed on a standard form. When getting a divorce at the registry office, spouses do not pay for the certificate separately - this price is included in the cost of the service. If the divorce is carried out in court, each of them pays 650 rubles for the issuance of a certificate.

Do I need to go to another city for a divorce?

A divorce certificate is issued by the registry office, regardless of how the divorce procedure was carried out. You can pick up the certificate while in another city at any convenient time after paying the state fee.

To pick up the certificate, you need to appear at the registry office in person or provide a certified power of attorney to the person who will represent you.

The same scheme with presence in the process of divorce. If one of the representatives of the couple is unable to come to court in person, he must choose an official representative on his behalf and issue him a power of attorney certified by a notary.

Divorce in the registry office by power of attorney is not allowed.

Multifunctional center “My Documents” - Izhevsk

Where is it issued?

The procedure for registering the birth of a child at the registry office in Izhevsk in 2021

Is it possible to file for divorce at any registry office?

Alas, current legislation does not allow the possibility of applying to any chosen civil registry office.

You can only submit your application through:

• institution at the place of residence of both spouses or one of them;
• through the registry office where the marriage relationship was registered;
• through multifunctional centers (MFCs) at the place of residence of either spouse.

Also in a number of regions, it is possible to submit an application electronically through the government services portal, but then you will still have to go to the registry office at the appointed time and put your personal signature on the documents and receive the corresponding document on divorce.

Divorce in Izhevsk in 2021: procedure, application, addresses

To file a divorce in court, you must prepare an extended package of documents:

• statement of claim for divorce in 3 copies;
• a statement of claim for the collection of alimony (if there is no agreement on it);
• passports of spouses (or one of them in case of unilateral application);
• state duty payment receipt;
• marriage certificate;
• children's birth certificates;
• extracts from house books of all family members;
• children's agreement;
• marriage contract (if any);
• agreement on division of property (if any);
• written consent to divorce of one of the spouses (if necessary);
• a list of property (if its division is carried out through the court);
• certificates of income and characteristics from work (in case of a dispute about the place of residence of children);
• documents indicating good grounds for divorce (certificates from the hospital about beatings, evidence from third parties, etc.).

Izhevsk residents can send an application for divorce to the civil registry office at their place of residence or marriage registration through the State Services portal. Spouses fill it out separately - each in their own personal account.

The application must be signed with an enhanced qualified electronic signature by both spouses

If you file an application for divorce electronically, the state fee can be paid with a 30% discount. Its cost will be 455 rubles for each spouse

.

A man can file for divorce during his wife’s pregnancy and within 1 year after the birth of the child only with the consent of his wife.

FAQ

Since in your case one of the spouses does not consent to divorce, the dissolution of the marriage occurs through the court. First, you need to obtain a duplicate marriage certificate from the registry office.

Documentation

The composition of documents for divorce in the civil registry office can vary significantly depending on each specific situation.

But in any case, you will need to submit:

• originals of spouses' passports;
• original marriage certificate;
• receipt for payment of state duty.

Read more in the publication “Documents for divorce in the registry office.”

Cost of divorce (state fee)

For carrying out procedural measures to register the fact of divorce, it is necessary to pay a state fee.

Its size is determined by Art. 333.26 of the Tax Code of the Russian Federation and amounts to:

• 650 rub. from each of the applicants through registration of divorce through the registry office, including on the basis of a court decision;
• 350 rub. from the applicant upon divorce in exceptional circumstances at the request of one party.

When both apply to the registry office, payment of the state fee is provided for each of their spouses, i.e. the total cost of divorce in this case will be 1300 rubles.

When submitting an application, the specified amount must be paid according to the details of the local civil registry office, and a supporting document must be attached to the divorce application. Payment is made at a branch of any bank (however, the amount of commissions may differ), as well as through the State Services portal.

Multifunctional center “My Documents” - Izhevsk

Where to get it

Adopting a child in Izhevsk in 2021

Difficulties

In an ideal situation, when both spouses unanimously decided to get a divorce and are ready to come to the registry office together and do not have children together, the divorce procedure will most likely take place without any problems.

However, no one is immune from the following problems that spouses can expect during a divorce through civil registry offices:

• Refusal of either spouse to appear at the registry office to sign the application;
• Disagreement with the divorce and avoidance of appearing at the institution;
• The presence of controversial issues related to the legitimacy of the marriage and the intention to invalidate the marriage;
• Complicating the divorce process with a prenuptial agreement.

If any difficulties arise, it is advisable to enlist the support of an experienced lawyer who will not only provide advice, but also assist in drawing up the necessary documents. Consult the legal experts of our portal for free right now!