Filing an application for divorce at a location other than your place of registration

Which court to file for divorce if there are no children? To be honest, you shouldn’t think about it right away. As long as you do not have minor children, you can do without the unnecessary hassle of a trial. How? Mutual consent of the spouses for divorce is sufficient.

MARRIAGE REGISTRY

In this case, you can contact the registry office and submit a corresponding application there. We'll talk about how this is done later. Mutual consent to divorce is not only convenient, but also practical. If someone does not want to divorce (or avoids it), they have to think about which court to file for divorce. And here there are several options for the development of events.

Registration

Firstly, the choice is usually made between the magistrate’s court at the place of residence and at the place of registration. To be honest, it’s difficult to decide here. If serious legal proceedings are coming up, involving the division of property, as well as children, it is better to contact the place of registration of one of the spouses. In this case, you must be present at the trial.

Secondly, practice shows that most often the corresponding application is submitted to the authorities at the place of registration of the spouse who agrees to divorce. This is fine. There is no point in contacting the authorities regarding the registration of your exes. This is just a little advice.

Which court should you file for divorce if you have a child, but due to your registration you cannot attend the proceedings?

Where we live

That is, it makes no difference which court to file for divorce if there are children. By registration or place of residence - it doesn’t matter. The main thing is to contact the global division. And it doesn’t matter if you have any disputes regarding property, alimony, or the “division” of children. When the interests of minors are affected, it is almost impossible to avoid trial. Although there are exceptions. Which ones exactly?

At the registry office with children

Now it is clear which court to file for divorce if you have minor children. The answer here is simple - in any world. Either by registration (you or the child), or by place of residence.

Practice shows that it is possible not to attend the meeting at all. Although such behavior is highly discouraged. After all, many points will have to be clarified and clarified.

Therefore, it is advisable to take care of your visit to court at the appointed time.

Alimony and children

Which court should I file for divorce and alimony? It has already been said - in the world. And it doesn’t matter according to place of residence or registration. The one where it will be more convenient for you to contact. Now this is not such a big problem. The process of divorce itself brings more trouble.

Why? All because of the eternal disputes between spouses about children and alimony. During the legal debate, it will be necessary to find out with whom the child will be better off (and with whom he wants to stay), the amount of alimony and the procedure for communicating with his former family. There are a lot of points that will be taken into account. And it is impossible to predict in whose favor the court will rule.

In any case, if you are no longer thinking about which court to file for divorce in: at your place of residence or registration, but about how to let your child live with you, you will have to provide yourself with a cast-iron alibi and proof of your worth.

Practice shows that the property side of the issue, the material side, the health of the parents, and their moral values ​​play a role here. In general, whoever provides the best conditions will leave the children with them. The opinions of minors will also be taken into account. In judicial practice, so far most often children are left with their mother.

To “take away” them, a woman must be an immoral mother leading a terrible lifestyle with deviant behavior. Please take this into account.

Documents for divorce at the registry office

Now let's try to understand how you can get a divorce. It is already clear which court to file for divorce in. But there is no clarity yet regarding the list of documents in this or that case. In order to register a divorce at the registry office, you will have to present:

• passports;
• application for divorce;
• paid duty (650 rubles);
• Marriage certificate.

This list is relevant for divorce without children and with mutual consent. If the spouse refuses to divorce, as well as in cases with a minor child (or several) indicated above, you will have to bring with you:

• statement;
• passport;
• children's birth certificates;
• Marriage certificate;
• duty (350 rubles, already paid).

For the court

Well, now let's try to understand the process of divorce in the magistrate's court. In order to succeed, you will have to, as in the previous case, collect some documents.

And it would be nice to also have some evidence of your position, including witnesses. Important: they should not be interested in your divorce.

So, when you have decided which court to file for divorce in, stock up on the following package of documents:

• passport;
• marriage certificate;
• birth certificates of children;
• certificates of property and financial status;
• proof of income;
• an application to the court to dissolve the union;
• paid state duty (sometimes).

As you can see, there is nothing difficult about this. The entire list of documents with their copies should be submitted to court. And then all that remains is to wait for the actual meeting. During it, you will be offered to go to a settlement or sign a settlement agreement on alimony, property, and the residence of children. In any case, the court will give you the final decision after the hearing.

What's next

Basically, that's all. As soon as you submit the appropriate request, a divorce certificate will be prepared and issued to you within a month. As you can see, if you approach the task correctly, you can avoid many problems. Even despite the presence of minor children. The main thing is to make sure in advance that you have all the documents that were listed.

Is it possible to file for divorce not at the place of registration: is it possible to file for divorce not at the place of registration of the marriage and residence of the plaintiff

In all married couples, misunderstandings , quarrels and even infidelity occur, but at the same time, some strive to preserve their marriage ties, while others are ready to resolve all these legal issues as quickly as possible and part with their chosen one. According to statistical data from sociologists, the peak of decisions to dissolve family ties in couples comes at 5-9 years of marriage , and every second family breaks off their relationship.

One of the main questions for couples who have decided to divorce is the following - to which authority to submit documents and whether it is necessary at the place of registration. At the same time, spouses should be prepared for the moral difficulties that are inevitably associated with the divorce process.

Which authorities deal with divorce proceedings?

The current legislation (RF IC) approves only two authorities that can carry out the divorce procedure: the civil registry office and the judicial authority.

Contact the Civil Registry Office, in accordance with Art. 19 of the RF IC, a married couple can if:

1. Their desire is mutual.
2. There are no joint children under the age of majority.
3. One of the spouses is in MLS for a period of more than 3 years.
4. No one knows about the whereabouts of one of the spouses, and he is also officially declared missing.
5. One of the members of the couple is declared officially incompetent.

Reference! The time from filing an application for divorce to receiving a certificate in these authorities varies. In the registry office the couple will be divorced in a month, but in court - this procedure is individual in each case and can last from one month to a year and a half.

Direct appeal to the court is regulated by Art. 21-24 RF IC and is necessary in such cases as:

1. The initiative comes from only one family member.
2. There are joint children who have not reached the age of majority and the issue of their further residence with one of the spouses will be decided.
3. One of the spouses did not appear for the divorce procedure at the registry office.
4. During a divorce, the couple's joint property will need to be divided.

Depending on the case, each married couple determines which authority to submit documents to, but another question arises - where: any or at the place of residence?

Is it possible?

Many married couples, after registering a marriage, move to another area where they do not have permanent or temporary registration, and then in the event of a divorce, the question arises whether it is necessary to submit documents for this procedure at the place of registration of at least one of the spouses.

Application to the registry office

A married couple who decides to divorce through the registry office and meets the necessary conditions can contact this authority by:

• Place of marriage registration.
• Place of registration of one of the spouses.

Important! It is impossible to submit an application for divorce to any nearby registry office - employees of the organization may refuse to accept documents even if the married couple has temporary registration.

Divorce suit

If, nevertheless, the divorce procedure has to be carried out through legal proceedings, then the question arises - to file a statement of claim at the place of registration of the plaintiff or defendant.

The initiator can file a claim for divorce:

• At the place of permanent or temporary registration or at the place of actual residence of the defendant.
• At the place of permanent registration of the plaintiff in such cases as health problems he has confirmed by medical documents or a minor child living with him.

Attention! Spouses also have the right to agree on the court in which it will be convenient for both to attend the court hearing.

At the same time, they also need to know which judicial body to file a claim for dissolution of family ties:

• Settlement - if the claim does not concern minor children and the division of property up to 50,000 rubles.
• District - if the fate of a joint child is being decided and there is a division of property exceeding 50,000 rubles.

In any case, a married couple will have to go through certain stages of the divorce process.

How to submit?

When a married couple decides to divorce in a place other than their place of registration, they will have to take several actions in any divorce authority.

At the registry office

If the desire of the spouses is mutual, and they can both be present when submitting the application, then their actions will be as follows:

Preparation of necessary documents (passports and marriage certificate).

Payment of the duty established by the state.

Joint submission of an application at the selected registry office.

The presence of both at the appointed (not earlier than 1 month) registration procedure.

Obtaining a divorce certificate for everyone.

• Also, since the registry office accepts the application in the presence of only both members of the married couple, the question arises - what to do if one of them cannot, due to certain circumstances (health status, imprisonment in the MLS, missing person, etc.) be present when submitting the application.
• In this case, the law allows the absent spouse to formalize his consent to divorce and have it certified by a notary, and then send this document to the second spouse, who will then submit an application for divorce directly at the place of registration, also having the notarized authority to represent the interests of another family member.
• It is also possible to send such consent directly to the registry office , and the second spouse will come to the department and fill out the document in person.

Important! The absent spouse can receive a divorce certificate by mail or after a personal visit.

To court

The procedure for filing a claim for divorce is carried out in the general manner and does not depend on the place of registration of the plaintiff or defendant. The applicant must:

1. Collect and prepare the necessary documents (statement of claim, passports, marriage certificates, child’s birth certificate, certificates of income from the place of work).
2. Pay the state fee.
3. File a claim with the judicial authority in person at the office or by registered mail.
4. Attend all scheduled court hearings.
5. Receive the necessary decision, which will take effect in 30 days.
6. On its basis, obtain a divorce certificate from the registry office.

Conclusion

The legislation of the Russian Federation does not prohibit married couples wishing to dissolve their family ties from submitting the necessary application to the relevant divorce authorities, but they should be prepared for some difficulties. In any case, it is recommended to contact at least the place of registration of one of the spouses.

Which registry office to apply for divorce: is it possible to get a divorce at the place of registration

The divorce process has ceased to be something special, because according to statistics, in our country today more than 50% of married couples are getting divorced and most families are doing it for the first time. Young families have questions about divorce, and the most popular one is “in which registry office can you get a divorce?”

Unfortunately, it is not the difficulties that you can solve on your own. Therefore, information is in great demand: is it possible to file a divorce through the registry office, in which registry office you can get a divorce and whether you can get a divorce at a location other than your place of registration, as well as what papers need to be collected for a divorce? These points will be discussed further.

If you have any questions, please contact the duty legal expert of our portal. Consultations are provided free of charge.

Divorce options

Don't know how to get a divorce? The legislation of the Russian Federation proposes two ways to solve this situation:

• in the registry office;
• through the court.

The first method is simple and fast, but the second option is not excluded. A trial requires more time and the provision of arguments that would answer the question: “Why did you decide to terminate the official relationship?”

Next we will talk about the first method of divorce. So, in what situations does the law allow filing for divorce through the registry office?

This option is possible if:

• there are no children in the family under the age of 18;
• divorce occurs by mutual consent of the parties;
• absence of property claims between the parties.

If the listed conditions are met, then 30 days after submitting the papers to the government agency, the marriage will be dissolved.

But in each case there are peculiarities. So, even in cases where a couple has a small child under the age of 18, divorce is allowed in the registry office, but only for a number of exceptional reasons:

• the second party to the process is officially incompetent;
• the spouse has been declared missing by the court;
• the husband or wife is temporarily deprived of liberty, and the term in this situation must be more than three years.

Divorce proceedings through the registry office: what is its difference in comparison with the court:

• To file a claim for divorce, you do not need to justify the decision and collect evidence, because this is only required when going to court.
• The time required to dissolve a previously concluded marriage does not change.

In cases where the missing husband or wife is found or in a situation where the verdict is made erroneously and is ultimately overturned, the applicant has the right to take him back and the marriage will be considered valid.

Which office of the registry office should I file a request for divorce?

To simplify the divorce procedure, you need to submit the collected papers (which ones will be discussed below):

• at the place of registration of the husband or wife;
• at the location of the registry office.

In addition, you can get a divorce at any registry office, but it is recommended to submit the papers to the department where the marriage was registered.

What to do if the second party to the divorce lives or is registered in another city and cannot physically submit the papers?

It is important to remember that in these two cases, the submitted document must be certified by a notary.

Is it possible to get a divorce at a location other than your place of registration?

What to do if the family has long left the city where the marriage took place, and there is no registration at the new place of residence. Is it possible to resolve the issue on the spot or do you need to go to your hometown?

If you cannot get a divorce based on registration, you can submit an application at the place of temporary registration of your husband or wife.

In order to answer the question of how to get a divorce through the Civil Registry Office, you need to consider the paperwork process.

In this case, everything depends on whether an agreement is reached between the parties regarding the divorce. If the spouses agree to dissolve the marriage, the application must include the following information:

• information about the applicant and respondent;
• information about documents confirming this information;
• information about the concluded alliance;
• signatures of the parties;
• date of writing the application.

In addition, the application must indicate the names that will be assigned to the parties after completion of the process. And to draw it up correctly, you need to find a sample on the Internet.

In the cases listed above, when the application is submitted by one party, it must be drawn up as follows:

• The same information as in the first case, but only personal data - of one applicant spouse.
• The surname that is assigned to the applicant spouse after the process.
• Information about the guardian of the other spouse, information about the citizen who manages the property, or information that the husband or wife is in prison.
• Sign and date it.

There is another case when you need to submit an application to the registry office - if the marriage was dissolved through the court and this process must be documented. In such a paper, in addition to the information indicated above, it is important to write information about the decision of the court.

What documents, in addition to the application, are important to provide to the registry office?

The divorce process also involves filing the following package of papers:

• Confirmation of the fact of marriage.
• Passport or passports. Depending on whether the application is submitted jointly or by one party.
• The court's decision. In the cases listed above, as an exception. For example, the incapacity of a husband or wife.

Prerequisite for submitting an application

In order to send documents, you need to pay a state fee. If the application is written jointly, the state fee is paid by each party, and in other situations - by the applicant.

When will a marriage be considered dissolved?

After 30 days, the parties will be able to obtain a divorce, but provided that the entire package of documents has been collected, the fee has been paid, and the application has been completed correctly.

When can you get married again?

Only with a divorce certificate can a new relationship be legalized.

Is it possible to obtain a divorce certificate while being in another city?

This question worries many. Yes, this is provided for by the legislation of the Russian Federation. To do this, you need to send a request on the government services website or by registered mail.

Our articles are written to solve most problems that arise during divorce. On our website you can find out:

• how to file a divorce process;
• which registry office to apply for divorce;
• when the necessary condition is the consent of the spouse, and in which cases you can submit the papers yourself;
• when filing for divorce at the place of marriage registration (not a mandatory criterion).

If you need advice from a lawyer in family matters, feel free to fill out an online application and receive information in a short time that will not cost anything

Is it possible to get a divorce at a location other than your place of registration and where to file for divorce?

Each family, in the process of living together, faces crises and problems, some competently resolve the situation without conflicts, and some, unable to withstand the pressure and unable to overcome anger at their cohabitant, leave to live separately.

When spouses separate, they do not solve the common problem at all, but only worsen it even more, because the question arises: is it possible to get a divorce outside of the place of registration? Even if both spouses consider the decision to divorce the only correct one, they will not be able to avoid paperwork and hassle.

In the registry office, it is not uncommon to encounter incompetent employees who, in order to avoid problems with an incomprehensible situation, simply refuse to divorce a couple who does not have registration.

Is it possible to get a divorce at a location other than your place of registration?

Many people who live separately from their spouses are interested in whether it is possible to file for divorce at a location other than their place of registration. The answer will be yes. An application for divorce is submitted by one of the spouses to any registry office, if there are no controversial issues with the second spouse. To obtain a divorce, if a couple cannot divide property, an application to the court is necessary.

The law allows spouses to divorce if they do not live at the place of registration, in another place without leaving their current place of residence. An option to solve the problem would be to hire a lawyer who, on your behalf, will go to another city to represent your interests.

A couple in which:

• one of the spouses is in prison in another city for more than three years;
• one of the spouses lives in another city and is declared incompetent by the court;
• one of the spouses disappeared and for a year, his place of death is unknown.

In this situation, all that is needed is to pay the state fee, fill out an application form at the local registry office and provide confirmation of the person’s disappearance, incapacity, or detention.

For a clear example, we can describe a situation in which a wife and child went to visit relatives in another city, while the husband stayed at home. During the trip, the wife found out the circumstances that served as the reason for the divorce, and decided not to return to her husband.

She can apply to the registry office at the place of residence of her parents with a written statement or to the court if her husband is against the divorce. If the registry office requires registration, then she can indicate the address of the actual residence of her parents, who can also provide her with temporary registration.

When considering a case in court, the defendant is obliged to appear in the region where his wife and child live, since there are circumstances that ensure that the application is considered at the place of the plaintiff, and not the defendant (minor child).

No court can force a woman with a child to travel across the country to dissolve a marriage.

The reason for divorce in another city is the incapacity of one of the spouses. The couple, having registered their marriage, moved to live in another place without registering there; over time, the husband had an accident, and the couple remained to live in a new place.

If the spouses decide to divorce, they do not have to go to the city where they are registered, both can divorce by mutual consent in the registry office at the new place of residence or in court in the same city.

There will also be aggravating circumstances (disability of the spouse) and the presence of a second spouse in the same city.

What to do if an application without registration is not accepted?

Registration of marriage and its dissolution becomes significantly more complicated if a person does not have a residence permit at all. If it is not possible to register somewhere, the person must indicate the address of actual residence in the claim. At the same time, he will bear full responsibility for receiving notifications from the court or the registry office at the specified address.

Even without registration from a person who wishes to change his social status, employees of the registry office or court must accept the application. If you are refused, be sure to file a complaint with the court or prosecutor's office.

Refusal to accept an application at the registry office can only be for reasons such as:

• close relationship with the bride or groom;
• the presence of an already registered marriage with one of the newlyweds;
• marriage is prohibited between an adopted person and an adoptive parent;
• mental incapacity of one of the spouses.

In all other cases, the Family Code does not provide reasons for refusing to accept a claim. In the application, a person must indicate data that confirms his identity, and not his location. It is indicated only so that the court can send notifications of upcoming hearings.

How to get a divorce if spouses are in different cities?

Spouses who decide to divorce face not only controversial issues regarding property and children. Sometimes troubles begin from the moment the application is submitted, especially if they live in different cities. You can apply for divorce at the registry office in the city where one of the spouses lives.

In order to file a divorce, the written consent of the second spouse and his notarized agreement are required. This agreement gives the right to one of the spouses to act on behalf of the other, and to fill out any regulatory documents for both in the matter of divorce proceedings.

If the couple has no disputes regarding property, and there are no minor children, there should be no problems with divorce, even if they are 100 kilometers away from each other. If there are still minor children, the application is submitted to the district court.

As a rule, in case of separation, the plaintiff must file an application at the place of residence or registration of the defendant, as indicated in the Family Code.

If the plaintiff lives with minor children and is physically unable to travel to another city, then he can seek consideration of the case in court at the place of his registration.

Now you know where to file for divorce at your place of residence and outside your place of registration. Every adult is simply obliged to know the basic norms of the Family Code in order, if necessary, to defend their legal rights in the government, without the help of lawyers and attorneys who sometimes demand exorbitant sums for their services.

Is it possible to file for divorce at a location other than your place of registration?

Life circumstances sometimes develop in such a way that spouses have to live in different cities. And if they decide to end the marriage relationship, are they obliged to return to the place where they were registered? If so, why? And when there is no such need, how is this done? You will find answers to all these questions in our article.

Is it possible to file for divorce at a location other than your place of registration?

The RF IC regulates divorce proceedings. So it says nothing about restrictions regarding the place where the procedure for dissolution of marriage will take place. Therefore, we can say with complete confidence that it is possible to file a divorce while in another country. True, this is fraught with some difficulties.

To file a divorce, you can contact the following registry offices:

• At the applicant's place of residence.
• In the institution where the marriage was registered.

If one of the people getting divorced does not live in the locality indicated in his registration, then to dissolve the marriage he is allowed to apply to the registry office of the place where he is registered.

Registration of divorce through the registry office of another city

Sometimes the registry office employees cannot provide assistance for reasons unrelated to the fact that the person filing for divorce has moved to another city. Simply, in accordance with the nineteenth article of the RF IC, a marriage can be dissolved through the registry office only if the following conditions are met:

• Divorcing people do not have children together.
• Neither party has any objections to the dissolution of family ties.
• There are no mutual property claims.
• If there are special reasons. These include serving a long term of a criminal sentence, going missing, or recognizing the incapacity of one of the ex-spouses.

If there are no circumstances listed in the list, then the divorce can be processed through the registry office without any problems. The only problem that may arise will be caused by the fact that in this institution there will be no data on the marriage, because the entry is made only in the book of the registry office conducting the registration. This means you will have to send a request and wait for a response.

Is it possible to get a divorce at a location other than your place of registration?

Statistics indicate the presence of such cases, but it would be more correct to classify them as exceptions. The initiator of the divorce can contact the registry office of the district where he actually lives, explaining the current situation and asking for the procedure to be carried out. However, one should not place high hopes on a favorable outcome of such an attempt.

This is explained by the fact that civil status acts are recorded on the basis of existing registration. Registered citizens are included in the circle of people whom the registry office has no right to refuse. A citizen who is not registered in a given area has no reason to make claims against the actions of an institution designed to serve people living in a particular area.

Procedure for filing for divorce

Submitting documents to terminate a marital relationship in another city must be preceded by collecting all the necessary documents. Only after this you need to perform the following steps:

• Fill out all fields of the application form.
• Pay the state fee.
• Submit an application with a full set of required documents.
• Receive a document documenting the official divorce.

What documents must be submitted

The list of required documents is as follows:

• A statement written by each of the ex-spouses.
• A document confirming the fact of marriage registration.
• A check confirming payment of the state duty.

If one of the former spouses cannot personally take part in the process, then he is allowed to send his written consent to divorce.

Just don’t forget to have it certified by a notary before sending it. In this case, the case will involve two separate statements.

In the same way, two financial documents confirming payment of the state fee must be present.

Divorce through court in another city

A citizen who does not live in the city where he is registered must obtain temporary or permanent registration. In this case, he has the right to appeal to the court with a request to resolve this or that issue.

Divorce cases are usually heard in the court of the district in which the defendant lives. Therefore, the plaintiff must send all the necessary documents to the same institution. However, in a number of cases it is possible to go to court at the plaintiff’s place of residence. After receiving the document, the judge sets a date for the hearing of the case.

On this day, at a court hearing, all the circumstances of the case are considered in order to decide whether there are still real chances to achieve family reunification. Only after making sure that there is no chance of reconciliation between the parties, a decision is made to dissolve the marriage.

When cases are dealt with exclusively in court

Termination of family relations only through the court is carried out in the following cases:

• There are children in the family who have not reached the age of majority.
• The divorcees were unable to find a solution that satisfied both of them regarding the division of property, deciding to shift this function to the court.
• One of the partners categorically objects to ending the family relationship.

To avoid the need to go to court again, which is associated with certain costs, you should immediately decide on all controversial issues. This refers to everything related to the division of movable and immovable property, as well as the place of residence of children. This also includes financial support for minors.

Which court hears such cases?

As stated in the twenty-eighth article of the Civil Procedure Code of Russia, the claim must be sent to the court located in the area where the defendant lives. But there are exceptions to this rule.

Article 29 of the Code of Civil Procedure of the Russian Federation allows for filing a lawsuit in the court of the plaintiff’s district of residence, provided that a minor child lives with him or he has health problems. In addition, this can be done in cases where it is not possible to establish the address where the defendant lives.

The issue of jurisdiction is resolved as follows:

• The case falls under the jurisdiction of the magistrate when no controversial issues arise regarding children, and also if the total value of undivided property does not exceed fifty thousand rubles (this is stated in the first paragraph of Article 23 of the Code of Civil Procedure of the Russian Federation).
• The case is dealt with by a court of general jurisdiction if, during the course of the proceedings, it is necessary to resolve the issue of the children’s place of residence, or the amount of the property claim exceeds 50 thousand rubles.

A notice advising of the decision must reach the plaintiff no later than five days later. That is, he will be notified whether the case has been accepted for proceedings or not, and if the answer is negative, then for what reason.

Contents of the application and list of accompanying documents

What should be reflected in the application is stated in Article 131 of the Code of Civil Procedure of the Russian Federation. There should be no errors in the document; the essence of the problem is clearly stated without what is called “water”. The essence of the matter and requirements should be as specific as possible.

The statement of claim must contain the following information:

• Full official name of the body to which the document is sent. And also his address.
• Fully deciphered last name, first name and patronymic of the applicant, indicating his exact place of residence.
• The same set of information on the defendant.
• The text part must contain a statement of the circumstances that prevent the continuation of life together.
• List of all accompanying documents.
• Date of compilation and signature.

The following documents must be attached to the claim:

• Copies of the statement of claim and all accompanying documents are made for the defendant.
• Plaintiff's passport.
• A document certifying the official registration of marriage.
• Certificates of registration of birth of children.
• A financial document certifying payment of state duty.

In the event that it is intended to resolve issues regarding real estate, or any other property, it is necessary to prepare documents certifying the right of ownership, as well as confirming the plaintiff’s investment in the improvement of the apartment or the purchase of expensive items.

When the integrity of the family could not be preserved, and one of the ex-spouses left for another place for permanent residence, there should not be any problems with filing a divorce. The application must be accepted by the registry office or the court in order to carry out the procedure in accordance with the requirements of Russian legislation.

How to file for divorce at a location other than your place of registration: application 2023

You can file for a divorce in another place; it is not necessary to contact the very department of the registry office where the official marriage procedure was carried out. According to the general rule established by family law and the norms of the Federal Law regulating the procedure for maintaining acts recording civil status, you can get a divorce:

• by contacting the registry office located geographically at the place of residence of one of the spouses;
• by visiting the registry office where the marriage was registered.

However, there are cases when the location of one of the spouses is not known, or he has been living in another locality for a long time, located at a considerable distance, or for health reasons, the spouse, having decided to divorce, cannot leave his place of residence. The law allows in such cases to formalize the termination at the actual location of the spouse who initiates the process.

Divorce law

The law provides two possible ways to dissolve a marriage. The first is administrative. This is the easiest and fastest way to officially end a marriage. To do this, spouses should apply to the registry office. The second is that one of the spouses, who initiates the divorce, files a claim in court.

Article 19 of the RF IC provides for cases when a divorce of a married couple is possible by applying to the registry office:

1. no common children under eighteen years of age;
2. the spouses have mutually agreed to dissolve the marriage relationship;
3. one of the couple was sentenced to imprisonment for more than three years;
4. there is a court decision declaring one of the spouses incompetent or missing.

Usually, dissolving a marriage at the place of permanent registration is not difficult. On the contrary, problems arise for spouses who are not permanently registered in a particular locality.

At the same time, filling out the established application form, and this is a legally significant document, allows you to indicate both the permanent residence address and the place of actual residence. Civil registry office employees do not have the right to interfere with the exercise by spouses or one of them of the legal right to dissolve the marriage union.

Provided that the spouses live in different cities and there are no legal grounds to dissolve the marriage in court, the general application 2023 can be completed by following the following step-by-step steps:

• one of the spouses receives an application form of the established form from the registry office;
• fills out his part of the document;
• turns to a notary, who certifies his signature on the document;
• sends the form to the second spouse.

In the future, the standard procedure occurs - having received the application, the second spouse fills out his part and hands it to the civil registry office employee at the place of residence to enter the necessary information into the civil registration book.

Judicial procedure

Spouses are forced to resort to the judicial method of terminating a marital relationship in cases where:

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• couples have children under eighteen years of age;
• one of the spouses does not want to sign the application or refuses to dissolve the marriage;
• there are property disputes;
• The amount of obligations to a non-working ex-spouse has not been determined.

These grounds for issuing a judicial verdict are provided for in Articles 21-24 of the Family Code. The claim must be filed in court at the place of residence of one or the other party involved in the case.

State registration of the place of residence of any of the spouses acting as parties to the case has no significance. Therefore, it is not necessary to file +for divorce +at your place of registration. The main basis is the place where the person actually lives. The court has no legal grounds to refuse to accept or consider a claim if it is filed without observing the registration principle.

List of documents

Having decided to divorce, the spouse or the initiator of the dissolution of the marriage must prepare a certain package of official papers, the list of which will depend on which body will consider this issue. So, to carry out the procedure in the registry office, you should have on hand:

1. an application in the prescribed form completed by both spouses;
2. documents that prove the identity of each spouse. These are usually national civil passports;
3. marriage certificate issued at the place of marriage;
4. a bank receipt confirming payment of the state duty by each spouse.

In cases where the law provides for special conditions for divorce on the initiative of one spouse, you should submit:

• a duly certified copy of the sentence that has entered into legal force, stating that the second spouse has been sentenced to a term of three or more years and is serving a sentence in prison;
• a copy of the court verdict that has entered into legal force recognizing the second spouse as incompetent or missing.

When filing a statement of claim in court, you must attach photocopies of the following official documents:

1. national civil passport of the plaintiff;
2. marriage certificate;
3. birth documents of children;
4. a bank receipt confirming payment of the state duty.

If the issue of division of property is being considered during the trial, you will need to provide:

• an extract from the Unified State Register of Real Estate on the availability of real estate;
• a copy of the vehicle registration certificate;
• a certificate from the bank confirming the availability of bank deposits;
• the act of appraising jewelry and luxury items;
• income tax documents;

When attaching copies of documents, you should know that you must have the originals with you, since during the trial the court must make sure that they correspond to the originals.

Divorce certificate - procedure for obtaining

A certificate confirming the fact of divorce is issued by the responsible employee of the civil registry office after making entries in the relevant civil status act. When filing a divorce at the registry office, it can be received within a month.

The document is issued to each spouse personally. At the same time, their simultaneous appearance to receive it is not required. As a rule, the initiator of the divorce receives the document first. The second spouse may not receive it at all, but this will not mean that the divorce did not take place.

The date of divorce is the day on which the entry was made in the deed.

When dissolving a marriage in court, the following procedure must be followed:

1. after the court decision on divorce comes into force, it should be obtained from the office and taken to the registry office;
2. fill out the application form, indicating the basis for divorce - court verdict;
3. attach the necessary documents;
4. pay the state fee;
5. receive a Certificate.

If the basis for divorce is a foreign court decision, you must provide a notarized translation of it.

How to file a lawsuit for divorce not at the place of registration (registration)

Divorce statistics in Russia are disappointing - every second family breaks up. If both spouses wish to divorce and they do not have minor children, the divorce procedure is carried out at the address of residence.

You can get a divorce not at the registered address, but at the place of residence of one of the spouses in certain cases:

• if spouses have places of residence in the same locality, but in different areas, districts, etc. and at the same time live separately;
• if spouses live in different localities or in different constituent entities of the Russian Federation.

In addition to submitting applications, you must pay a state fee and bring marriage certificates. If the spouse cannot personally visit the registry office, the application from him must be notarized.

The divorce stamp is placed by the civil registry office at the place of residence on the basis of the received certificate.

There is another option on how to file for divorce at a location other than your place of registration: take the necessary forms from the local registry office, fill them out together with your spouse, have them notarized, mail them to the address of one of the spouses or register the marriage itself. One of the spouses should visit the registry office of registration (or the registry office that registered the union). If both parties are absent, divorce is impossible.

How to file for divorce at your place of registration

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.

What documents are needed for divorce at the place of registration?

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.

Features of divorce through court

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.