Nuances of divorce at the place of temporary registration

Is it possible to file a claim in court at a location other than your place of registration?

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.

Find out more about filing a divorce petition in court.

Decor

Divorce outside the place of registration usually differs in terms. It is difficult to say how much time the applicant will have to spend to achieve their goal

. However, if the spouses are serious, a long waiting period will not deter them.

In order to speed up the process, you can register at your place of residence. This will only help if an application for dissolution of the union is submitted to the registry office.

Is it possible to get a divorce at a location other than your place of registration? In order to apply for dissolution of a union in another city through the court, you must:

• make an application;
• collect the necessary documents;
• pay the fee;
• send all the specified information by letter to the court at the place of registration of the second spouse.

To draw up a statement of claim, you can contact a lawyer. However, it is not difficult to do it yourself.

In the upper right corner we indicate:

1. Full name of the court at the place of registration of the second spouse.
2. Applicant details (full name, address, telephone number).
3. Details of the defendant (full name, address, telephone number).

Text:

1. Information about marriage (details of the document on the conclusion of the union).
2. Children’s details (full name, age, current place of residence, with whom they live).
3. Reasons for dissolution of the union.
4. Reference to legal provisions to support the requirements.
5. Please dissolve the marriage.
6. List of documents and the number of their copies.
7. Date, signature.

Is it possible to file for divorce at a location other than your place of 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 recognized as 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.

Normative base

There are several legal acts regulating the process during which divorce occurs. One of them is the Family Code of the Russian Federation.

The fourth chapter of the document reflects:

A marriage can be dissolved if the spouse dies or is declared dead, as well as if the parties apply in a certain manner. A husband and wife can submit an application by mutual consent or at the request of one of the parties. Therefore, the termination of the union occurs in the registry office or court. In the first situation, you need to focus on Article 19 of the Family Code of the Russian Federation.

An appeal to the judicial authorities is required if the spouses want:

• divide property;
• determine the place where the minor child will live and the procedure for meetings with him by the other parent;
• collect alimony.

Article 4 of the Family Code of the Russian Federation notes situations when it is necessary to refer to the Civil Code of the Russian Federation. This is provided when personal and property issues are involved. Among the articles of this law, there are those that affect the divorce process.

These include:

When carrying out a divorce, you need to focus on Federal Law No. 143, issued on November 15, 1997. It reflects acts of civil status. The document was created and adopted on the basis of civil and family legislation.

It notes that:

• a marriage can be dissolved only by a joint or unilateral application of the spouses or a court decision;
• register this fact at the place of residence of the person or at the place of marriage;
• registration is made on the basis of detailed regulations.

During the termination procedure you must:

• submit an application to the relevant authorities;
• present a passport for identification and a marriage certificate;
• wait a month allotted to think about the decision.

If termination is carried out through the court, and the defendant is absent or incapacitated, a decision of the authority is made. The guardian is notified about it.

An important point reflected in the law is the strict unification of all certificates, documents and papers related to the procedure. This is noted in paragraph 4 of Article 6.

Where to apply

The divorce procedure is carried out by two authorities:

• MARRIAGE REGISTRY;
• Judicial authority.

This does not mean that you need to contact both authorities at once.

To submit an application, one of them is selected, depending on the circumstances of the divorce:

• if there are no children and there are disagreements regarding the termination of the marriage, you should contact the registry office;
• if there are children, one of the spouses objects to the divorce, division of property or a decision on child custody after divorce is necessary - to the court.

When submitting an application, you can choose not every registry office. Spouses have the right to apply:

• to the department where the marriage was registered
• Civil registry office at the place of registration of the wife;
• Civil registry office at the husband's place of registration.

Note! Applications from both parties are accepted only simultaneously, excluding the circumstances listed in Part 2 of Art. 19 RF IC.

Thus, having collected the necessary documents, you can contact the registry office where the marriage was registered, or the nearest one to the place of registration of one of the members of the couple.

The divorce procedure comes down to a general algorithm:

• payment of state duty;
• filing an application;
• waiting for a decision;
• obtaining a certificate.

Thus, an application to the registry office can be submitted both at the place of registration of the applicant, and at the place of registration of the second spouse or at the place of registration.

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

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.

Submitting documents to court

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;
• division of property is declared along with the divorce, if the requirements for 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;
• absence of 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.

Required documents

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.

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 of payment of state duty.

Expert opinion

Stanislav Evseev

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

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.

Divorce with or without a child through the registry office

The legislation of the Russian Federation in the matter of termination of marriage relations gives the prerogative to the territorial divisions of the Civil Registry, as well as magistrates and district judges. If a couple who does not have common property and does not raise children under 18 years of age is getting divorced, then citizens can safely go to the registry office. The application will be accepted by the department to which the official residence address of the husband or wife belongs. The family can also contact the department where the fact of the marriage was recorded.

For such a divorce, the registry office requires a minimum package of documents:

1. Passports of men and women.
2. Marriage document.
3. Payment indicating payment of state duty. In this case, its size is 650 rubles on each side.

A husband and wife can file divorce documents in several ways:

1. Contact the government agency in person with a handwritten application. If a citizen does not have the opportunity to be present in person (the person is on a long business trip abroad, undergoing long-term treatment in a medical institution, etc.), he can transfer his right to a representative by issuing a notarized power of attorney for him.
2. Use the government online service State Services. But before submitting their demand for divorce, the husband and wife need to register on the portal. This will take time (about two weeks), after which the user gets a chance not only to file for divorce, but also to apply for a certificate of termination of the family union, change a passport, pay fines and receive other services, regardless of where he is located.
3. Complete the document through the MFC. This is especially convenient if a couple files for divorce in a city other than where they are officially registered or formalized the relationship. By contacting the Multifunctional Center, spouses have the right to write an application in the presence of an authorized employee, who submits the documents to the territorial registry office related to the citizens’ residence address, or to the one where the spouses had their wedding. But the spouses will still have to receive a document releasing them from family ties in person at the registry office.

How much does divorce cost?

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;
• whether property is divided between spouses;
• What other demands are made 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.”

List of documents for filing a claim

Below is a list of documents that can be filed with the court in cases where spouses not only get divorced, but also try to resolve disputes regarding alimony, marital property and the place of residence of children.

1. A statement describing the claims.
2. Marriage contract.
3. Information confirming the defendant’s level of earnings (certificate from the employer, witness statements). It will be required if the plaintiff wants to receive alimony payments from the other side.
4. Property division agreement.
5. Documents for children (birth certificates).
6. Marriage certificate.
7. Inventory of property assets belonging to spouses and subject to division.
8. Documents for housing (lease agreement, certificate of ownership). They are necessary if the spouse wants to keep the child with him after the divorce.
9. Appraiser's report.
10. Evidence of the impossibility of further life together with the defendant due to his infidelity, alcoholism, beatings, etc. This may be testimony; certificates from medical organizations or police; administrative protocols; criminal record certificates; information from correspondence via email, instant messengers or social networks.
11. Characteristics of the applicant provided by relatives, colleagues, child’s teachers, employer.