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Rules for filing an application for divorce through the registry office. Price question: how much will all this cost? The procedure for ending a marriage in the civil registry office

Sometimes even the most strong families and couples not only have to go through a mental crisis, but also collect documents for divorce. Registration of a divorce is possible through two authorities: the court and the registry office. Registration through the registry office is considered as simple as possible, in contrast to multi-day litigation, which can end in a completely unpredictable result.

However Not all couples can get a divorce through the registry office. In what cases should you go there and what documents should you have with you?

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Divorce through the registry office is much simpler and easier than dissolving a union in court. The point is that the couple does not have to take their quarrels to the surface. public view, telling strangers about personal problems.

In addition, in the application submitted to the registry office, even no need to indicate the reason for dissolution of the union. The procedure is convenient largely due to the fact that it lasts on average a month, while litigation can take up to a year.

The union can be dissolved without litigation only if several conditions are met:

A family without children is imperfect summer age.
The decision was made by mutual consent.
There are no spouses controversial issues, with regards to financial resources.

The most important condition is mutual agreement . If the spouses have come to the conclusion that the marriage no longer brings them pleasure, they have the right to dissolve it using a simplified procedure through the registry office.

If one of the spouses does not agree with the divorce and does not want to part with family ties, the issue can only be resolved.

Also, if a couple has a common child who has not yet reached the age of 18, the process of dissolving the union becomes noticeably more complicated. In this case, the couple should immediately go to court, since they will have to resolve the difficult issue of custody of the baby.

Read about divorce through the court if you have children. Also useful information you will find in the article in this situation.

There are several situations in which it is possible to dissolve a marriage through the registry office, even if there is common child. For example, if the child is over 18 years old, his parents have the right to go to the registry office rather than to court. If the child is not common, then the procedure is also noticeably simplified.

There is another difficult case, outlined in the Civil Code, in which a marriage can be dissolved without going to court, even if there is a common child. We are talking about child emancipation.

The fact is that the Civil Code states that if a citizen who has reached the age of 16 wants to obtain full legal capacity, how adult, he has the right to appeal to the appropriate authorities.

If a child has undergone a documented emancipation procedure, it means he is considered an adult, and his parents have the right to file a divorce through the registry office.

Conditions of emancipation minor child may become entrepreneurial activity or work on a properly formalized employment contract. Since such a citizen, despite his age, has full civil rights, divorce proceedings It makes things much easier for parents.

Divorce procedure

Procedure and deadlines

After submitting and considering the application, the registry office makes a decision. How long does it take? The decision on divorce can take up to thirty days(those are the rules).

It seems that such a procedure is elementary simple, but it is not so. In fact, there are several important aspects which must be observed.

So, for example, if you don’t know which registry office to file for divorce, the answer is: dissolution of the union is possible only at the place of registration or in the registry office where the marriage was concluded.

When submitting an application Both spouses must be present. If this is not possible, then the husband and wife should submit separate applications. The signature of the spouse who is absent when submitting the document must be notarized.

If only one family member submits documents, and the application of the other is not notarized, it is not considered valid.

It is very important that at least one spouse is present during the divorce procedure itself, otherwise the union will remain in force.

While the registry office is considering the application submitted by the spouses, they can document the partition process joint property . To do this, you should contact a lawyer or make the division yourself, strictly recording all the points in.

Sometimes couples have to resort to the services of an appraiser to find out the approximate value of their property and divide it equally.

How much does a divorce without trial cost?

As in the case of replacing a passport or issuing a new document, in order to dissolve a marriage, you must pay a fee. In 2015, the fee was significantly increased to 1000 rubles. Previously, this amount was 400 rubles.

Each spouse must pay the fee by providing receipts to the registry office indicating the fulfillment of the obligation.

In the event that one of the spouses is incapacitated or is in prison, serving a sentence of more than three years, the costs fall on only one family member. He is required to pay a state fee of 200 rubles.

If one of the parties cannot be present when submitting an application to the registry office, the list of expenses increases slightly. In particular, this spouse needs to have the application itself notarized, for which he will have to pay (approximately 100-200 rubles).

If the spouses cannot agree on the division of jointly acquired property, the process of divorce will become noticeably more complicated. In this case, they need to apply to the court and pay a fee of 400 rubles for each.

The issue of increasing the amount of state fees for divorce is now widely discussed. Experts believe that this can reduce the increasing dynamics of divorces.

There were rumors that they wanted to increase the duty to several thousand rubles, since this would help to significantly reduce the percentage of divorced marriages. However, such an increase in duties may affect civil rights spouses.

Of course, the process of divorce is stressful not only because of the collection and submission of documents, but also because of the fact that the family is breaking up. You should go to the registry office only if if the couple is completely confident in their decision.

If you're still left blank after reading this article, check this out:

The legislation provides citizens of the Russian Federation with the opportunity to officially register their relationships in a special body - the registry office. The same institution allows you to terminate marital relations between two people. To do this, you just need to collect the required package of documents and pay the state fee.

General points

Today, you can file for divorce in two ways:

Through the courts - world and district.
Through the registry office.

IN court must be contacted if there are any controversial issue between spouses. They may concern children or jointly acquired property.

If spouses wishing to divorce were able to find a compromise, then the divorce can be filed as quickly as possible. This requires a minimum number of documents.

Anyone who has decided to end their marriage should consider the following questions:

what it is;
conditions for receiving.

What it is

The concept of divorce should be understood as a change in civil status individual. Moreover, this action is legally important. Divorce should not be confused with declaring it invalid.

Since the second term denotes cancellation marital relations V unilaterally if the following reasons exist:

Spouse.
The husband is recognized.
The husband has been in prison for more than three years.

In this case, documentary evidence of the above facts is necessary to annul the marriage. It should be remembered that if one of the spouses is declared insane, then he necessarily needs a guardian.

An institution called the Civil Registry Office is a department that records civil status. At the same time, it carries out both registration and termination of the concluded agreement for a completely legally marriage.

Conditions for receiving

It’s easy enough to figure out how to quickly file a divorce through the registry office. The price of this process may vary and depends on many factors. This amount represents the state fee paid.

The marriage itself can be dissolved at any time, regardless of the wishes of the second spouse. This point is indicated in the Family Code of the Russian Federation.

But there are exceptions. Divorce cannot be carried out without the consent of the spouse in the following cases:

If common child not yet 1 year old;
if the woman is in .

In the cases indicated above, the divorce must be signed simultaneously by both the husband and wife. Otherwise, the spouse will be denied divorce.

A prerequisite for obtaining a divorce is the presence of the entire list necessary documents, as well as a correctly drawn up application.

If at least one document is missing, divorce will also be denied. A similar situation arises if there are any errors made when drawing up the application itself.

That is why you should be sure to familiarize yourself with a sample of the correct document in advance.

Video: how to file a divorce at the registry office

Quick divorce through the registry office

Divorce in the registry office can be carried out with minimal costs time.

But it is very important to remember some nuances that relate to:

Basic requirements.
Required documents.

Primary requirements

Not always can a divorce be carried out through the civil registry department.

Such an operation is possible only if the following requirements are met:

if both spouses have found a compromise and the decision to divorce was made by them mutually;
if one of the spouses submitted to the registry office along with the application following documents- on declaring a spouse missing, on convicting a spouse for a term of more than 3 years, on declaring a spouse incompetent.

An important factor is the absence of minor children. Otherwise, the divorce process can only be carried out through a magistrates or district court.

Contacting this authority is required only if the issue is being considered.

Required documents

To figure out how to quickly file a divorce through the registry office (application from one spouse or two), you need to familiarize yourself with the Family Code of the Russian Federation, as well as federal legislation.

Moreover, you should study the question regarding the documents provided as carefully as possible. Since their list differs depending on the presence or absence of the consent of the second spouse.

If both spouses submit an application at the same time, the following documents will be required:

A properly completed application for divorce.
Marriage certificate.
Identification document – passport of a citizen of the Russian Federation or another.
on payment of the corresponding state duty.

There is one important nuance– payment of the fee must be made by each spouse separately.

The application for divorce must contain the following points:

personal data of both spouses - last name, first name and patronymic;
date of birth;
place of permanent registration;
citizenship;
nationality - optional;
detailed details of the document confirming the fact of marriage;
surnames that spouses will take after marriage;
details of identification documents - passports;
signatures of both spouses;
date of application.

There is an important nuance regarding the date of preparation indicated in the application. If for some reason it does not coincide with the day of application to the registry office, then employees can simply refuse to accept documents on this basis.

Since a date discrepancy is considered a gross error. The application itself must mandatory drawn up in form No. 8 - intended for both spouses.

If for some reason the application is submitted by only one of the spouses, then this document must display the following data:

Last name, first name and patronymic of the individual submitting the application.
Citizenship.
Nationality is optional.
Legal basis for the process of divorce (missing person, imprisonment, incapacity).
Details of the marriage registration certificate.
Last name of the person filing the application after the divorce.
Passport details.
Signature and date.

If the divorce is carried out on the basis of the incapacity of the second spouse, then in the application to the registry office it is necessary to indicate the place of residence of the guardian or property manager - if there is confirmation of untimely absence.

When the application is accepted, the registry office is obliged to notify the second spouse about the divorce process within 3 days - this also applies to prison inmates.

If there is a certificate of incapacity, then the guardian must be notified of this legally important action.

In this case, either the second spouse himself or his guardian is required to indicate in the registry office the surname that will be assigned after the divorce.

The termination process itself can only be carried out in the presence of one of the spouses. It is important to remember that, regardless of the circumstances, both spouses or one of them must wait 30 days from the date of filing the application.

This period is indicated in the current edition of the Seed Code of the Russian Federation. The reason for this is that divorce is unprofitable for the state itself.

After the expiration of the 30-day period, the marriage can be dissolved at any time in the presence of at least one of the spouses.

FAQ

Despite the fact that the divorce process is carried out quite quickly and simply, sometimes various kinds of questions arise.

The most important ones include the following:

How much is the state fee?

Is it possible to instantly dissolve a marriage with a child?

One of the most frequently troubling issues for spouses is divorce when they have children together. This is only possible when they have reached adulthood.

In all other cases, the divorce process will be protracted, especially if there is common expensive property.

It is also permissible to unilaterally dissolve a marriage, even if there are children, if the spouse:

Incapacitated.
Missing.
He is in prison.

This moment is regulated. In this case, it is allowed to resolve the issue of divorce directly in the registry office.

In the presence of minor children and the absence of the above precedents quick divorce is simply impossible. Moreover, it can only be carried out in judicial procedure.

The situation is special when the young mother is under 18 years of age. In this case, unilateral divorce is impossible.

To implement this process, it is necessary to find guardians who agree to take patronage over the mother and child. Most often they are parents. In their absence, divorce is simply impossible.

How much is the state fee?

Duty means payment of any legal important actions committed due to citizens’ appeals to government bodies.

Divorce or invalidation of a marriage also requires payment of a state fee.

The value depends on various important factors:

These prices are valid for 2019. State fees are indexed annually.

The legislative framework

Basic legislative framework is Chapter No. 4 Family Code Russian Federation.

It includes:

Article	Description
	list of grounds for divorce
	exceptions (when the husband does not have the right to dissolve the marriage unilaterally)
	indicates the procedure for divorce
Article No. 19 of the RF IC	procedure for contacting the authorities that carry out registration in acts of civil status
	moment of termination of marriage

You should also pay maximum attention to federal legislation.

Instant divorce through the registry office is simply impossible, which is why you should be patient. You should be especially careful in collecting all the necessary documents.

This will avoid wasting time - if there are errors, the registry office employees refuse to accept the application.

The sinking of a family ship is accompanied not only by severe psychological trauma for both parties, but also with the difficulties of documentation. Although the procedure for terminating a relationship is quite simple in some cases, it is complicated precisely by the fact that it is not very pleasant to do it. Knowing the rules of divorce can simplify this unpleasant procedure and reduce the number of trips to government agencies.

In case of divorce, you can submit an application to the court or to the registry office. Divorce in the registry office, although it requires compliance with official deadlines, is simplified by a lightweight package of documents. However, divorce in the registry office is not suitable for everyone. About how to file a divorce at the registry office and how divorcing people should prepare for this process Let's talk in more detail.

The divorce procedure through the registry office is not available to all divorcees. To apply, a number of conditions must be met.

Divorce in the registry office is possible provided that there are no children. This refers to children born together, or those who were adopted or adopted by one or both parties. An important factor is the fact that only minor children are taken into account. If they have reached the age of eighteen, then their presence does not in any way affect the subsequent divorce process. The divorce procedure through the registry office without children cannot take place if the wife is pregnant. The fact of pregnancy generally does not allow a husband and wife to divorce, even through court. Although the woman herself, if she wishes, can file a claim to terminate the relationship, but only in court.

The presence of joint property and its division can complicate the divorce process. But the spouses file a divorce through the registry office and only then submit a petition to the court for the division of property.

An essential condition for divorce is the presence of a mutual desire to end further relations. If there is no mutual desire to divorce, then you will have to submit documents for consideration by a judge.

Which registry office should I contact?

It is not possible to file an application for divorce at any registry office. It is legally certain that applications for divorce are submitted to the department where the marriage was registered. This step is very logical, since this is where records of the registration of the relationship are stored, and notes on its termination will also be made there. Therefore, when deciding in which department you can get a divorce, you need to contact the address where the relationship is registered.

The question arises, to which registry office to file an application for divorce if the family has moved and lives in this moment in another city, or even country. If family relationships were registered not on the territory of the Russian Federation, then the couple will not be able to get a divorce without a trial. The situation is completely different for those who submitted applications for marriage to the Civil Registry Office of the Russian Federation. With a new official place of registration in another city or even federal district, those divorcing must contact the department of the registry office to which they currently belong.

If a couple lives in another place without registration, then they can apply to the nearest MFC with the same package of documents. Multifunctional centers simplify the procedure. You can submit documents to them on the same basis, although for the last stage of obtaining divorce certificates you will still have to go to the necessary department. But MFCs allow you to reduce the number of trips to submit documents.

Divorce procedure

The procedure for divorce in the registry office is quite simple and does not require special preparation.

To comply with the procedure for divorce, you must follow the step-by-step instructions below:

Determine that all conditions for divorce have been met.
Collect the necessary package of documents.
File an application for divorce.
Submit a set of papers to the required department.
Get information from a specialist about exact date when it will be necessary to appear at the registry office again for the final termination of the relationship.
On the appointed date, come to the same department, testifying to the fact that the decision has remained unchanged.
Receive documents about the accomplished fact of divorce in your hands.

Registration of a divorce through the registry office can be carried out with bilateral cooperation. In order to register a divorce at the registry office, the presence of both spouses will be required.

Legislative acts of the Russian Federation provide for a number of cases when the procedure for divorce through the registry office presupposes the presence of only one party.

Submitting an application

To begin the divorce procedure through the registry office, it is necessary to prepare documentary support this procedure.

To apply you need:

Identity cards of each spouse.
Act of registration of civil status of family relations of spouses.
Receipt of paid state duty.

The registry office employee will certainly request that the couple have joint child or children.

Having everything in stock specified documents You can file an application for divorce through the registry office. Submitting an application does not take much time, so it is better to fill it out directly to the department, having a sample in front of you.

An application for divorce must contain:

Information about both spouses.
A note about the absence of children.
Indication of the reasons for family breakdown.
Information about what surnames the parties will have after the divorce.

At the end of the application, signatures of both parties are required. This completes the most difficult part of the procedure. After filing an application, the main thing that interests those who are getting divorced is the question of how quickly the marriage is dissolved.

We will talk about the time frame for divorce through the registry office in the next paragraph.

Registration of divorce

We examined in detail the question of what is needed for a divorce in the registry office. Now let's move on to the main procedure, how a divorce occurs in the registry office.

After accepting the application from the divorcees, the accuracy of the data provided is checked. The period for divorce through the registry office is established by law and is a mandatory period of thirty days. This time is allotted both for preparing the documentary part and for giving the couple a chance for reconciliation. The established deadlines for divorce through the registry office in some cases make it possible to preserve family relationships.

These deadlines are relevant if a family relationship is dissolved in the presence of both partners. Below we will cover the question of how you can get a divorce from the registry office in one day. This procedure is only available separate categories getting divorced.

The divorce process through the registry office is quite quick and boils down only to waiting the allotted time and appearing for the issued certificate. This document will certify that all submitted papers have been confirmed and the divorce has taken place.

Obtaining a divorce certificate

In the question of how to get a divorce through the registry office, the main thing is the fact of receiving the final document, symbolizing liberation from marriage.

Only this document is proof that from this day a person is considered officially free, having terminated his family obligations.

When a couple is divorced through the registry office, then on the day the application is submitted, they are given a date of termination. On the appointed day, the spouses not only officially dissolve their relationship, but also receive ready-made certificates stating that they are no longer married. It takes some time to prepare the certificates because they are not printed in advance. If the spouses do not appear at the department on the appointed day, their marriage will continue to exist and the application will be cancelled. The appearance of at least one spouse will allow the relationship to be terminated, since the application was submitted by both and additional consent is not necessary on the day of termination.

The second spouse may not withdraw his certificate at all; this does not cancel the fact of the divorce. After all, notes about the breakdown of the family are entered into all books automatically.

Unilateral divorce in the registry office

In some cases, situations arise when the presence of the second spouse in the registry office is impossible. At the same time, the law defines how to divorce through the registry office unilaterally.

The main thing in deciding how to file for divorce in the absence of one of the parties is to determine the conditions under which this procedure permissible.

TO possible reasons unilateral feeding include:

Conviction of one of the spouses and his placement in prison. It is important that the term of imprisonment must exceed a three-year period.
An official court decision that a person is considered missing or has been declared dead for many years.
Medical certificate confirming the loss of legal capacity of the husband or wife.
Death of a spouse.

It is also possible to file one-sidedly with the consent of the other half to the divorce previously certified by a notary. But such a procedure is subject to general rules and does not in any way accelerate the termination of the relationship.

The main question is how long does a divorce through the registry office take under the above conditions. You can get a divorce in the absence of the other half of the relationship in an accelerated manner. The law allows you to skip the procedure for possible reconciliation, since it is in in this case not relevant. Therefore, most often it will be possible to submit an application and receive a divorce certificate in one day. Sometimes specialists may ask the divorcing person to come the next day, or within a few days, if it is necessary to verify the accuracy of the data provided.

Government duty

Is it possible to get a divorce at the registry office for free? Like any procedure related to the preparation of official papers and registration of documents, the divorce process must be paid.

The state fee includes the costs of making changes to the civil registration books and preparing divorce certificates. A joint application will require spouses to pay 650 rubles each. It is not prohibited to issue a payment using one receipt if one of the parties agrees to bear the costs. When filing an application unilaterally, the applicant must pay 350 rubles on his own behalf.

It is important to remember that paid state duty cannot be returned. It does not matter for what reason the citizen did not use the generated receipt. If a couple changes their mind about getting a divorce, but decides to re-apply again after some time, they will have to pay the state fee again.

How to divorce your spouse when there are no children and there is consent

It is easiest to divorce your wife when the divorce occurs without children and without a property dispute. In this case, you will need the following:

Personal presence of the spouses (or a notarized statement of one of them);
Statement of the established form in the registry office;
Payment of state duty (in one payment).

A sample application (on Form 8) for divorce in the absence of children can be taken directly from the registry office.

This application must contain the following information:

the name of the civil registry office to which the application for divorce is submitted;
the address where the applicant lives;
surname, name, patronymic of the spouses;
date, month, year of birth;
Which country is the applicant a citizen of?
passport data;
Marriage certificate details:
It is also necessary to enter the surnames that the spouses keep after the divorce.

Here you will need passports (basic data is taken from them during the process of filling out the application). The procedure for severing relations in this case will be completed a month after the spouses have written and registered the corresponding application.

The legislator set this deadline in case the couple suddenly changes their mind and decides to withdraw their application. It should be remembered that during this entire period, the written document for divorce without children and property disputes should not change. Otherwise you will simply be sent to court.

No consent and no children

In practice, cases are not uncommon when only one of the spouses needs a divorce, and the other in every possible way prevents the divorce from being processed through the registry office without children. Here you will definitely have to go to court. Regarding the documents that will be required to begin the procedure for filing a divorce without children and without consent, duplicates of them can always be obtained from the authorities where the originals were issued. To initiate divorce proceedings in court you will need:

statement of claim - ;
receipts for payment of state fees.

The law provides for the possibility of considering a case without the presence of the plaintiff; for this, the corresponding desire must be reflected in the application. With this option, the court decision will be sent to the plaintiff by registered mail.

It is worth noting that the division of property can be the subject of dispute, both during the divorce process and after its completion for three years.

Usually, a divorce through court without children, if there is no property dispute, does not take much time - from a month to three. It all depends on the position of the second spouse. It is important to understand here that the divorce of spouses without children can be extended over time due to a court decision to give the spouses time for reconciliation. The law allows up to three months for this.

If the second spouse completely ignores court hearings, while being properly informed about them, a unilateral divorce without children is possible after the third failure to appear at the scheduled meeting.

Features of unilateral divorce

The law provides for cases when only one person can write an application for divorce without children. The sample application in this case must contain the reason indicating the legally provided right, namely:

second of married couple incapacitated;
the spouse is in prison with a sentence of more than three years in prison;
the absent spouse has gone missing.

To file a divorce at the registry office without children, you must provide a copy of the court decision with a note that itcame into force, and was not appealed. Then the state duty will have to be paid in smaller size. The specific amount for a specific date can be found out by reading the relevant norm of the Tax Code.

When unilateral divorce the application form is filled out (form 9), we will explain how to fill it out below:

The full name of the civil registry office department to which the package of documents for divorce is sent is indicated;
The content of the application must include information about the intention to divorce the spouse, and his (her) full last name, first name, patronymic;
Information about spouses, as well as information about the last place of residence of a spouse whose whereabouts are currently unknown (in case he is missing);
The reasons for the divorce on the basis of which the applicant applied, as well as information about court decision on declaring a person missing;
Applicant's passport details;
Details of the registration certificate of a previously concluded marriage.

If the application is written by the wife, then she must also fill out the column indicating the last name that will remain with her after the divorce.

In case of incapacity of the spouse, it is necessary to indicate the address and full name. guardian.

If the spouse is serving a sentence of imprisonment, the details of the institution are indicated. in which he is located.

There is a property dispute, but no children

If there are no children in the family, and the spouses decide to separate, but they have a dispute property nature, this can be done in two main ways. The first is to submit documents for divorce through the registry office, end the marriage, and then file a lawsuit for division of property. In this case, the legal dispute will be considered between two free citizens who are free to develop their new family life in parallel.

But in most cases, when there is a dispute over property, a claim for divorce through the court without children is filed together with a demand for division of property. Then the procedure for divorce without children can be significantly delayed, and the spouses will formally be married all this time and bear mutual obligations. Therefore, it is more advisable to initially file an application for divorce in court, break off the relationship, and only then begin dividing up the property acquired together.

Is it possible to simplify divorce and make it quick?

Of course, the procedure for divorce proceedings without children with mutual consent significantly simplifies the task of registration and arrangement later life. After all, you don’t need to think about how to pay alimony or help your child with Hard time, or just be with your child.

You should strive to terminate the relationship through the registry office, and not through the court, since the latter option takes longer and is accompanied by negative emotions and stress. Moreover, the court usually withstands certain time for the spouses to be able to make a final decision; explains all the details family life to confirm the impossibility of further existence of the family.

To reduce the time of divorce proceedings in court, it is necessary to strive to come to a compromise by formalizing it in the form of an agreement with a notary, which will not allow one of the parties to abandon previously accepted agreements in court. On average, a divorce through the court takes at least 3-4 months.

It should be noted that the registry office can file a divorce without minor children, if there are still children in the family. In other words, if your children are over 18 years old, you also have the right to go to the registry office, submit an application and after a month receive a document confirming the breakup.

For those who are afraid of getting a divorce because of child support, you should know another rule of law, according to which you can arrange child support without a divorce. So, you will not be able to get away from supporting your child, if the second spouse wishes.

In what cases will a divorce be carried out as quickly and smoothly as possible?

1. The presence of mutual consent of the spouses to file for divorce;

2. If the spouses live separately for a long time and there is evidence of this;

3. absence of children, or the age of the children exceeded 18 years;

4. The husband or wife is serving a sentence of imprisonment;

5. The court has declared one of the spouses incompetent.

How much does divorce cost in 2018?

The price varies depending on the city. in which the statement of claim is prepared and the status of the legal office. We suggest focusing on the following numbers:

Preparation statement of claim with a package of documents - 5 - 7 thousand rubles;

Representation of interests and their defense at court hearings - 10 - 15 thousand rubles;

Appeal accepted by the court solutions - 5 - 7 thousand rubles.

Considering the negative aftertaste that remains after making a decision to break off relations, it is advisable to initially find for yourself best option legal registration of this process, so as not to injure yourself and your ex-spouse(spouse). Everything happens in life, it’s better to stay far away, but good relations, because it’s not enough how fate will turn in the future.

And it’s even better to hear each other’s complaints, try to both change and save the family!

How sad, although natural, that after just a few years of living together in marriage, people begin to realize that they are not suitable for each other, and, consequently, all the obligations they gave to the civil registry office (ZAGS) are a farce. More than 18% young married couples after two or three years of marriage they want to get a divorce, without thinking about the consequences of divorce not only for them, but also for their joint children, if any. Divorce proceedings are a simple matter, but questions such as: “in which registry office can you get a divorce?”, “how is divorce done in the registry office and in court?”, “how to quickly and competently get a divorce, without causing pain and taking into account the conditions of the second half ? and many others will definitely make you think.

Where to apply?

Before the divorce procedure is launched, and both of them have a desire to divorce, the spouses must sit down and talk. The procedure for divorce will depend only on you, and mutual agreement to dissolve the marriage and the ability to compromise is the key to your joint success. You can file a divorce and, accordingly, submit an application:

to court;
at the registry office

If the marriage was civil, then there will be no divorce in the registry office or court, but with the division of property the situation will be different - you will have to prove your rights through the court.

Apply through the registry office

Divorce through the registry office - quite simple procedure, which will only require your time. You need to file a divorce at the registry office when:

you do not have minor children (find out);
there is property not exceeding the value of 50,000 rubles.

Let us recall that, according to the law of the Russian Federation, a minor child is considered to be both a person who has reached the age of 18 and an emancipated person, that is, who has confirmed his solvency and independence before the age specified by law.

If, during a divorce, the registry office turns out that there are adopted children in the family, then the case will automatically be considered through litigation. Only when the minor child is not a common one, but a son or daughter from a previous union, the civil registry office will definitely not refuse you and will accept an application for divorce (if the state fee has been paid).

You can get a divorce:

when there is a statement from both parties;
when there is a statement from one party.

When there is a statement from both spouses

So, the most comfortable procedure is divorce through the registry office, as well as mutual consent and writing statements, if available:

passports;
paid state duty.

If one of the family members cannot appear, then you need to submit a notarized statement. The marriage is dissolved at the location of any of the spouses (at your discretion), and the presence of one of the family members during the divorce process is mandatory.

When there is a statement from only one party

Divorce in the registry office takes place even when one of the spouses wishes it, and the second is considered:

incompetent;
is sentenced to three (or more years) and is serving his sentence;
missing, meaning his whereabouts are unknown.

Only one of the family members to whom the above conditions do not apply can file for divorce. In this case, even with a minor child in your arms, you will be divorced by the registry office within three weeks, having previously notified either the guardian of the incapacitated half, or the spouse in prison. Here are the documents required in this case, in addition to the application you wrote:

passport;
marriage certificate;
state duty (payment receipt);
a court decision declaring one of the spouses incompetent, missing, or a sentence of imprisonment for a term of three years or more.

Registration of the guardian’s place of residence or the address of the institution where the convicted person is serving his sentence must be indicated when applying to the registry office.

Apply through court

The Family Code of the Russian Federation (Article 21) also provides for divorce through the court, which is a more troublesome task than a divorce in the registry office, since you not only have to get a divorce, but also take into account all the rules regarding the division of property, payment of alimony, etc. Here are the rules for divorce in the judicial authorities:

writing a statement of claim;
there are minor children;
consent to divorce unilaterally;
when someone avoids divorce through the registry office.

Within a three-day period, after the application, the materials are transferred to the registry office, and a month later there is a meeting in the judicial authorities. Most often, the process of dissolution of family ties occurs both in connection with the inability to have children, and with alcoholism, and with physical violence, and when living separately, etc. The specific reasons for the divorce that led to the divorce proceedings are not clarified in court.

Procedure for termination by mutual consent

You can get a quick divorce in the courts only if mutual agreement sides, or when someone avoids of this event in civil registration authorities. A marriage is also quickly dissolved if the spouses entered into an agreement between themselves in which they stipulated the procedure for dividing property, settled the issue with the child (with whom he will remain) and alimony, and determined the amount of payments for the maintenance of the other spouse.

Termination in case of disagreement with divorce

The judicial authorities also consider divorce proceedings if there is no agreement between the parties or one of the couple does not want a divorce. In this case, the reasons and all materials regarding the divorce will be considered in order to satisfy, if necessary, divorce suit, or give time (until three months) to resolve the conflict. If, even after deliberation, discord in the family continues, and the plaintiff insists, the marriage is annulled. The final registration of the divorce takes place at the registry office.

Which option you choose depends only on you, but remember that if you want to do everything quickly, compromise, otherwise the divorce process will drag on for years.

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