Documents on divorce in the registry office. Is it possible to apply for divorce and divorce at any registry office? Which court should I go to?

You will need

Instructions

The main condition for a quick divorce is mutual consent and agreement on all issues that usually arise in the process of divorce. You can get a divorce at the civil registry office (ZAGS) or in court.

If the spouses agree and they do not have common minor children, the marriage is dissolved by the civil registry office. Submit a joint application to the registry office at the place of residence or marriage registration, pay the state fee. When one of the spouses cannot appear at the registry office, two separate applications are drawn up, and the consent for the absentee must be notarized.

For divorce, the civil registry office has established a one-month period, the countdown of which begins the next day after filing the application. Upon completion, the spouses are issued divorce certificates, and it is enough for at least one of them to be present at the state registration of the divorce.

If you have minor children (your own or adopted ones), you can only through the court. In order not to delay this process for a long time, discuss in advance which of you the children will live with, determine the procedure for communicating with the other parent and relatives on both sides, and agree on the payment of child support. In addition, discuss all property issues. Formalize your agreements with one or more agreements, have them certified by a notary or submit them to the court for approval.

Prepare the necessary documents:
- statement of claim in 2 copies;
- marriage certificate;
- birth (adoption) certificates of children;
- certificates from the place of residence of the plaintiff and defendant;
- certificates of income of the plaintiff and defendant;
- notarized consent of the defendant to divorce;
- agreements on the upbringing and maintenance of children, payment of alimony, division of property;
- receipt of payment of state duty.

To speed up your divorce as quickly as possible, submit a statement of claim with all the documents at a personal meeting with a magistrate. This way, the hearing on your case will be scheduled faster and considered in one sitting. For divorce through the court, a period of one month is established from the date of filing the application, after which the judge must make a decision on divorce and send it to the civil registry office within 3 days.

At the present time, divorce through the registry office is perceived as the least expensive and easiest way to end a marriage. Agree, it would be very strange if some kind of nuances were not provided for in this process. What is worth mentioning is that domestic legislation provides for a mandatory condition for conducting divorce proceedings if the spouses have common children who are still minors. And to divorce a marriage administratively, the spouses must have compelling reasons.

Grounds for divorce and in what form are they presented?

When both spouses have weighed all the pros and cons and finally decided to submit an application to the registry office jointly. At the same time, the above-mentioned condition must be taken into account: the couple should not have children who were born during married life and have not yet reached 18 years of age;
When one person files for divorce, and the other is declared missing, incompetent, or, well, was convicted as a result of committing some kind of crime. It is noteworthy that the last of the above-mentioned aspects will only be considered valid if your former “other half” was sentenced to 3 or more years.

What documents may be required to file a divorce?

First of all, you will need a joint statement of the parties, which would express your mutual agreement regarding the upcoming process;
In the event that the marriage is intended to be dissolved unilaterally, then a statement written by the interested party is mandatory;
To add to all of the above, it would also be worthwhile to include your passports, as well as a document indicating the conclusion of the current marriage;
If you want your spouse to be recognized as missing, incompetent, or sentenced to a long term imprisonment, then you will have to provide all certificates and documents attesting to this fact;
It is mandatory to have a receipt for payment. Please note that each spouse must provide a separate certificate for their part. In addition, its cost only increases every year, so be careful.

When can you file an application for divorce at the registry office?

Statistics show that over the past few years in Russia the number of married couples wishing to divorce has been growing. This is a worldwide trend, although in the US and other countries marriages break up a little less frequently. A few decades ago the situation was different, but 100-150 years ago spouses lived in a family union until the end of their days. But over time, people began to treat the severance of marital relations much more simply, especially if there are reasons for this.

It is possible to formalize the dissolution of a marriage relationship at the state registration authority (registry office) only when these relationships were registered there in accordance with the current legislation. This means that other types of marriage - civil, church - are not dissolved in the registry office. The procedure begins with the submission of applications. To do this, the spouses need to appear together at the registry office and inform the employees of the institution about their intentions. An application for divorce is submitted to the registry office at the place of residence of one of the spouses or state registration of the marriage.

A husband whose wife gave birth to a child less than a year ago or is just carrying one, does not have the right to file for divorce without her permission. If the spouses have common children whose age does not exceed 16 years, they will have to get a divorce through the court. You will also have to go to court in cases where only one spouse wants to end the relationship, and the other objects or avoids the divorce. The court will decide on a divorce in a special manner at the request of only one party, but this will require extra time and nerves.

If there are court decisions, the registry office employees will begin the divorce procedure at the request of only one spouse, and the one who does not belong to the categories mentioned above. If a spouse is undergoing military service, is seriously ill, is on a business trip (on a long voyage on a ship), and is unable to submit an application in person, his absence is allowed. He fills out an application in a special form and notarizes his signature on it. In addition to the application, you need to submit several more documents.

The registry office employees do not find out the reason why the husband and wife decided to divorce, do not insist on maintaining the relationship, and do not contribute to the reconciliation of the parties. The law provides for the possibility of reconciliation: the wife and husband have exactly one month to do this. Sometimes during this time the husband and wife reconcile and maintain the marital relationship. If their decision remains unchanged, there are no longer any obstacles to finally getting a divorce.

What is needed for a divorce through the registry office?

To begin the procedure for severing marital relations through the registry office, the personal presence of the wife and husband is required. It is also possible to submit an electronic version of the application through a single portal of state and municipal services. To do this, you need to fill out all the fields and upload scans of documents. If spouses wish to personally submit an application to the registry office, they must present documents (their list is below), as well as a receipt for payment of the fee. If only one party wishes to terminate the marriage relationship, before applying to the registry office, a court decision is required that the other spouse:

Incapacitated. A copy of the court decision declaring the second spouse incompetent is attached to the application.
Serving a sentence of more than 3 years. A copy of the court verdict that has entered into force is submitted with the documents.
Disappeared. A copy of the court decision declaring the second spouse missing is submitted with the documents.

List of documents for divorce

Civil passport of husband and wife or passport of one of them and application of the other with a notarized signature.
An application in form No. 8 for divorce with the signatures of both parties or an application with a signature certified by a notary.
A receipt from the financial institution indicating that the fee has been paid in full.
A document from the court giving the right to divorce in a special (unilateral) manner.

Payment of state duty 2014 - how much does divorce cost?

If the parties plan to divorce without trial, at the registry office, they must pay a fee of four hundred rubles (as of 2014). If the divorce is carried out unilaterally, the cost of the fee is two hundred rubles (only one party must pay this amount). If the divorce is carried out through the court, each party must pay a fee of four hundred rubles (eight hundred in total). In addition, there may be other costs associated with the legal procedure.

Application for divorce - form form

There are three types of divorce applications - forms No. 8, No. 9 and No. 10. A document in Form No. 8 is drawn up if the wife and husband do not have common children under the age of sixteen. The left part of the form in form No. 8 is intended to indicate the husband’s data, and the right part – the wife’s. When filling out form No. 8, indicate:

Full Name.
Date, month, year of birth.
Place of Birth.
Citizenship.
Nationality optional.
Information about place of residence.
Details of the marriage certificate.
Passport details.
Surnames that ex-wife and husband want to get.
Date and signatures of the parties.

Form No. 9 is drawn up if only one party files for divorce, and she has a court decision that the second spouse was sentenced to a term of more than three years, is incompetent, or has disappeared. A copy of this decision must be attached to the application, otherwise the registry office staff will not accept it for consideration. When filling out Form No. 9, indicate:

Last name, first name, patronymic of the person filing for divorce.
Last name, first name, patronymic of the person with whom the relationship is being terminated.
Data of the husband and wife in the columns “he” and “she”.
The basis for divorce is a court decision or a prison sentence.
Information about the document that identifies the person completing the application.
Details of the marriage certificate.
The surname that the spouse wants to receive.
Name of the correctional institution/details of the person administering the property of the missing or incapacitated spouse.
Date and signature of the applicant.

Form No. 10 is drawn up if the wife and husband have children under sixteen years of age and have mutual claims. Before drawing up Form No. 10, you must file a claim in court. The court will decide which parent the children will live with, how property is divided, alimony obligations, and the procedure for paying funds for the maintenance of a disabled spouse. You must make a copy of this decision and attach it to your application. When filling out the form according to Form No. 10, indicate:

Last name, first name, patronymic of the submitter(s).
The name of the court that heard the case.
Court hearing date.
Full Name.
Date, month, year of birth.
Place of Birth.
Citizenship.
Nationality optional.
Information about place of residence.
Details of the marriage certificate.
Passport details.
Surnames that ex-wife and husband want to get after a marriage breakup.
Date and signatures of the parties.

Time frame – how long will the procedure take?

A month must pass from the moment the application form is filled out at the registry office; this period cannot be shortened or extended. For valid reasons, it is possible to postpone the date to a later date. If people who decide to divorce do not have common minor children and mutual claims, the divorce procedure proceeds as quickly as possible. The process lasts approximately one month. The spouses will see each other only for a few minutes - at the time of filing the application and on the day of receiving the divorce certificate.

If the case needs to be resolved through the court, the condition for terminating the marital relationship will be a court decision. According to the law, the court will begin considering the case no earlier than a month from the date of filing the application. This period cannot be shortened. After making a positive decision, court employees must send an extract of their decision to the registry office no later than 72 hours.

Obtaining a divorce certificate from the registry office

A month after submitting the application, you must come to the institution and pick up a certificate. Only the former spouses themselves can receive a certificate (certificate) of termination of marriage in person: this cannot be done through representatives. Spouses are divorced from the moment a record of this appears in the civil registration book. Next, the former spouses will only have to receive the appropriate certificate of the established form.

The dissolution of a marriage does not occur only at the request of the parties or when the spouses no longer live together. Let’s try to figure out how to apply for divorce, what procedure is established for this procedure.

There are two ways in which an application can be submitted - to the registry office and to the court, we will consider them in more detail.

It is necessary if this procedure must be carried out without judicial review. Citizens can contact the registry office to file an application for divorce in the following cases:

Both spouses agree to divorce, they do not have joint children who are under minors, and there are no disputes regarding the division of joint property.
One of the spouses is declared incompetent.
One of the spouses was declared missing in court.
One of the spouses is deprived of liberty and is in prison for at least three years.

If both spouses agree, then they write the application for divorce together, they are given 30 days for possible reconciliation, after which two copies of the certificate of dissolution of the marriage union are issued. In the cases specified in paragraphs 2-4, the application is written by one of the spouses, and the document on divorce will be ready in a couple of days.

Required documentation for the registry office:

Applications completed in accordance with the established procedure.
Documents that confirm that the spouses have paid the state fee for divorce in full.
Original and a copy of all completed pages of the spouses’ passports.
Certificate of family composition, which will confirm the absence of common minor children.
Certificate of original marriage registration.
A marriage contract or an agreement on the voluntary division of jointly acquired property.

Requirements for an application for divorce in the registry office

When filling out, the applicant must indicate the following points:

The name of the civil registry office to which the application is submitted and the divorce is formalized.
Full information about the applicant – full name.
Information about both spouses - full name, passport data, registration and residence address, information about citizenship and other information.
Date, series and certificate number.

The most common options for filling out this column are “did not get along” and “insurmountable differences”; you should not describe each other’s shortcomings in full and indicate some negative actions of the other spouse. You can tell your arguments in a court hearing, and not on a paper form from the registrar.

If, after the divorce, the spouses restore their previous surnames or take others, indicate this information.
The date the application was completed and the signature of one or both applicants.

Dissolution of a marriage in court

If the situation is such that a divorce can be carried out through the court - there are common minor children or claims regarding the division of joint property, a claim for divorce is filed with the appropriate court:

If there are disagreements regarding the division of property and the value of the divided property over 50 thousand rubles, if necessary, establish or confirm paternity - in a city or district court.
In all other situations - to the department of the magistrate's court.

When submitted to the court department, the following must be indicated:

Full name of the judicial department.
Details of the plaintiff and defendant in the divorce, indicating passport details, registration and residence addresses, and other contact information.
Reasons for filing a claim for divorce.
A list of additionally provided documents also confirming the stated reason for divorce.
Date of application and signature of the applicant.

Learn more about filling out an application to file a lawsuit in the video:

The court usually considers the following reasons for divorce to be convincing:

Violence in family.
Various types of addiction of the defendant - from alcohol, drugs, gambling and others.
Misuse of the family budget by the defendant.
Refusal of a spouse to provide maintenance to a disabled spouse and minor children.
The defendant lives separately from other family members for a long time.
Adultery.
Violation of the marriage contract.

If, along with a claim for divorce, spouses need to divide property or determine the place of residence of a child, experts advise that all possible demands be indicated in the claim for divorce, except for the requirement to pay alimony.

Alimony can be assigned from the date of filing the application or within 1-2 weeks, despite the fact that the marriage has not actually been dissolved yet, and the divorce process may drag on for several months.

Determination of children's residence

If the spouses in the claim want to determine the parent with whom the children will remain, and there are no disagreements on this issue between the spouses, the application will be considered a little faster.

If the defendant refuses to allow the children to live with the plaintiff, he files a counterclaim, and the judge decides who the children will stay with, based on the following factors:

The parent has a permanent job and income sufficient to live with the children.
Availability of living space sufficient for living with children.
The parent’s employment at the place of work and his ability to pay the necessary attention to the children.
The wishes of the child and his emotional attachment to the parent, the child’s opinion is taken into account in court if he is already 14 years old.

The time period for considering a claim for divorce depends on the existence of disagreements between the spouses regarding the residence of children or the size of divisible property. Typically, after filing a claim, a trial is scheduled within one month.

If one of the parties does not appear in court, the consideration of the case may be postponed no more than three times. If the parties voluntarily resolve all disagreements and enter into an agreement, then the divorce process will not be delayed.

A marriage is dissolved by the registry office departments if:

you do not have minor children together and you both agree to divorce;
your spouse has gone missing*;
your spouse has been declared legally incompetent*;
your spouse has been sentenced to more than 3 years*.

In all other cases, you will have to get a divorce through the court. And after you receive a court decision on divorce, you will need to register it in the registry office.

You can dissolve your marriage without your spouse's consent, regardless of whether you have minor children together.

2. What documents are needed for divorce?

If you are divorcing by mutual consent and you do not have children:

identification documents of the spouses;
a joint ;
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If the application is submitted by one of the spouses, provided that the second is missing, declared incompetent or sentenced to more than three years:

identification document;
marriage certificate (the document is returned to the applicant with a note about state registration of divorce. If you do not have the original certificate, you need to obtain);
a copy of the court decision declaring a spouse missing, incompetent, or sentenced to more than three years (the decision must enter into legal force);
If you are divorcing by mutual consent, each spouse must pay the state fee. When divorcing a marriage with a spouse who has been sentenced for more than three years, who has been declared missing or incapacitated, the state fee is paid only by the one who files for divorce.
According to Law No. 210-FZ “On the organization of the provision of state and municipal services” of July 27, 2010, you are required to pay the state duty, but you have the right not to present a receipt.
">receipt on payment of state duty.

Please note that according to the law, a woman who is pregnant or gave birth less than a year ago can only be divorced with her written consent.

You must submit an application and documents for divorce at the place of residence of one of the spouses or at the place where the marriage was registered, or at any public service center.

In return, you will receive a notification about the acceptance of documents and information about when (and to which registry office - if you submit an application to the “My Documents” center) to come for a divorce certificate. The document will be issued no earlier than in a month.

3. When will we stop being considered husband and wife?

4. How to divorce a foreigner?

It is possible to dissolve a marriage with a citizen of another country or a stateless person permanently residing in the territory of another state both in Russia and abroad. But if your husband (your wife), despite foreign citizenship, permanently resides in Russia, you need to get a divorce on the territory of the Russian Federation.

In Russia, the procedure for divorcing a foreigner is no different from divorcing a citizen of the Russian Federation. Except that all documents in a foreign language must be legalized (unless otherwise provided by international treaties of the Russian Federation) and translated into Russian. The accuracy of the translation must be certified by a Russian notary.

If you decide to get a divorce on the territory of a foreign state, do not forget that the marriage will be dissolved according to the laws of that state. If they do not contradict the laws of the Russian Federation, the divorce will be considered valid in Russia. However, the document will need to be legalized for further use on the territory of the Russian Federation (affix an apostille or undergo consular legalization).

5. Can a marriage be declared invalid?

Yes, a marriage can be declared invalid (this is not the same as a divorce. In this case, you are freed from all legal obligations of the former spouses. For example, you do not have to divide property equally) if:

one of the spouses concealed the fact that he had previously been married and did not dissolve it;
the marriage was fictitious;
one of the spouses entered into a forced marriage;
one of the spouses at the time of marriage was a minor and did not have permission to marry;
spouses are immediate family members;
the spouses are the adoptive parent and the adopted child;
one of the spouses was declared incompetent by the court at the time of marriage;
one of the spouses hid the presence of a sexually transmitted disease or HIV infection from the other.

These circumstances must be proven in court.