Sample divorce certificate, where to get it and how to get a divorce certificate after a court decision: state fee, issuance deadlines

The final stage in a divorce in court is the registration of the divorce in the municipal registry office. It is the specialist of the authorized body who puts a stamp in the passport and issues a certificate. This is the main document confirming the fact of divorce.

To obtain it, a court decision on divorce is required. Let's look at how to complete the divorce process and how to obtain a certificate of divorce after a court decision, as well as where to obtain a certificate of divorce by court decision.

Dissolution of marriage

The procedure for dissolving a marriage depends on a number of reasons. The bodies authorized to file a divorce are:

• municipal civil registry office;
• magistrate, district or city court.

To dissolve a marriage administratively (through the municipal registry office), mutual consent of the parties and the absence of joint minor children are required. The parties draw up a general application and after 30 days apply to register the divorce.

A married couple raising children together needs to contact a judicial authority. The parties can independently resolve the following issues:

• about the place of residence of minor children;
• on the division of joint property;
• on the payment of financial support for a minor child and a disabled spouse.

The agreements reached are drawn up in writing and attached to the application to the magistrate's court.

Important! In the absence of an agreement, controversial issues can be resolved in court. In this case, the claim for divorce is sent to the district or city court.

Divorce judgment

The result of going to court is the issuance of a court decision. The law establishes the following methods for obtaining a document:

• if the applicant or defendant was present in the process in person, then the decision is issued in person on the day it is issued;
• If one of the parties is absent when considering the application, the decision is sent by mail within 3 days.

Let's consider when a court decision on divorce comes into force. It becomes legally binding 30 days from the date of issuance. If the court made a decision in the absence of the defendant (absentee decision), then the document comes into force after 60 days.

The applicant must submit the original court decision or a copy made in the court office. The law does not provide for the issuance of a certificate based on a household photocopy. An alternative option is to provide an extract from the court decision.

Once the court's divorce decision has entered into force, the parties are considered divorced. The date on which the document becomes legally binding is the date on which the union is dissolved. However, the main document that confirms the fact of divorce will be a certificate.

Copy of the decision

If a court decision is lost, you must obtain a duplicate. To obtain a copy, you must contact the court that issued the divorce decree. The document is prepared individually.

The copy is a complete duplicate of the court decision. The sheets must be stitched, numbered and sealed. The only difference from the original is the presence of the inscription: “Copy”. The issuance period is 5 working days. A copy is provided free of charge.

A sample application for a copy of a court decision can be downloaded here

Receiving an extract

An extract from a court decision on divorce is an official document containing basic information about the court decision, but is not a complete duplicate of it. Usually the extract contains the effective part of the solution.

Since when receiving a certificate from the civil registry office, the specialist takes the court decision, it does not matter whether an extract or the original decision is provided.

The extract is provided free of charge. To obtain it, you need to contact the court office. The parties or their representatives have the right to receive the document. To receive an extract, you will need to provide a notarized power of attorney to confirm your authority.

Important! An application for an extract must be drawn up in the name of the chairman of the court. The application review period is 5 working days.

How to get a certificate?

To register a divorce, the parties must submit a court decision to the municipal registry office. The result of the application will be the issuance of a certificate confirming the dissolution of the union.

Let's look at where to get a divorce certificate after a court decision. The rules for registering a divorce are established by Law No. 143 of 1997. To obtain the document you must:

• obtain a divorce decree;
• contact the municipal registry office;
• pay the fee;
• apply;
• attach the court decision.

The result of the application will be the issuance of a certificate and the affixing of a divorce stamp in the applicant’s civil passport. Upon appeal, the court decision is confiscated by a specialist from the Civil Registry Office.

The application can be submitted:

• personally;
• through a representative;
• through the MFC;
• through the electronic service of State Services.

Authorized body

Let's consider where to obtain a certificate of divorce by court decision. To do this, you need to contact the municipal registry office.

In case of administrative divorce, the list of civil registry offices to which spouses can apply is strictly limited. Applications can only be submitted to the following departments:

• at the place of registration of the parties;
• at the place of marriage registration.

When receiving a certificate by court decision, the situation is much simpler. The location of the department does not matter. The document can be issued even in another city.

Although the application can be submitted in various ways, the result can only be obtained in person or through a legal representative.

The law provides for the possibility of personal choice of branch. When submitting an application through the State Services electronic service, you can select a department on the map.

Deadlines for receiving the document

Let’s take a closer look at how to obtain a divorce certificate by court decision. The deadline for applying for a document is established by administrative regulations:

• if the parties contacted the civil registry office directly, the certificate will be issued within 25 minutes, provided a complete package of documents is available;
• if the applicant submitted documents through the MFC, then processing of the documentation will take 2-3 days;
• if the documentation was sent through the State Services electronic portal, then the issuance of a certificate is possible only after 1 month.

Application for issue

Let's look at how to obtain a divorce certificate after a court decision. To do this, you must submit an application to the authorized body.

The application form is provided for by Government Decree No. 1274 of 1998. To apply for a divorce certificate, you must fill out Form No. 10. It contains the following information:

• name of the authorized body;
• data of the parties (one applicant);
• Title of the document;
• request to register a divorce;
• data of former spouses;
• dates of birth;
• Place of Birth;
• citizenship;
• registration address;
• details of civil passports;
• details of the marriage document;
• surnames that remain with the parties after divorce;
• signature, date.

Attention! The application must be filled out manually. Corrections and errors are not allowed. The form is issued upon application to the authorized body.

The following documents must be attached to the application:

• civil passports of the parties;
• original marriage certificate;
• original court decision (extract from the court decision);
• receipt of payment of duty.

When applying through the State Services service, the application is filled out electronically. Documents are attached as scanned copies. When applying for a certificate in person, you must submit original documents.

A sample application for divorce form 10 can be downloaded here

State duty

Obtaining a divorce certificate by court decision is a paid procedure. The applicant must pay the fee in advance. In 2018, the payment is 650 rubles. from each spouse.

The law provides for the possibility of one spouse applying. However, the duty will have to be paid in double amount.

You can pay the fee as follows:

• through a bank branch;
• through a payment terminal at the registry office;
• through the electronic service of the State Service;
• through an ATM;
• through the terminal at the MFC;
• through the bank's online service.

For self-payment through a bank cash desk, online banking or ATM, you will need a receipt or bank details. There is a danger of depositing funds for other purposes. In this case, there will be problems with getting your money back. The authorized body will refuse to issue a document without payment.

The payment terminal at the registry office is an alternative payment option. The only drawback is the need to deposit cash. The device does not accept bank cards. A similar difficulty arises when paying at the MFC terminal.

When submitting an electronic application, you can pay the fee directly through the State Services portal. Until 2023, a 30% discount is provided when paying any state duty through an electronic service.

Funds are transferred via online banking.

How to obtain a divorce certificate based on a court decision? To do this, you must contact the authorized body. The law provides the opportunity to obtain a certificate at any civil registry office throughout the country.

The parties should not apply jointly. Each of the former spouses can receive a personal document. To obtain a certificate, you need to pay a fee. Its value will be 650 rubles.

The fee is paid by each of the former spouses.

Where and how to obtain a divorce certificate at the registry office and after the trial, state fees, deadlines. How to restore a divorce certificate

By the way: Do you know about our “Stress-Free Divorce” service? More details

A divorce certificate is an official document issued by civil registry offices (registry office) confirming the fact of divorce between spouses. Legal relations related to the registration, issuance and restoration of a divorce certificate are regulated by the provisions of the Law “On Acts of Civil Status”.

Often, many consider the moment of receiving a divorce certificate to be the moment of final termination of family relations, but this is fundamentally incorrect - even if it was not received by either spouse for some reason, the marriage will still be considered dissolved by the date of the changes made by the registry office in the relevant acts of civil status.

Don't have the time or desire to deal with this issue yourself? Then urgently dial our number + 7 (495) 722-99-33! Let us take your worries upon ourselves.

Why do you need a certificate?

It may be required in a variety of cases, especially if there is no divorce stamp in the passport. Here are just some of the situations when you will need to confirm the fact of termination of the marriage relationship:

• Entering into a new marriage;
• Contacting the Federal Migration Service to replace your passport;
• Conducting transactions with real estate;
• Applying for a loan;
• Collection of alimony or going to court with demands regarding the upbringing of joint children;
• Other situations.

The absence of a divorce certificate in hand does not mean that you are legally married.

If the fact of divorce has taken place and the marriage union is terminated in accordance with the procedure established by law, you can request a duplicate certificate from the civil registry office or obtain an extract from the civil status act on divorce.

A passport (or a copy of it) with the appropriate note about divorce is formally confirmation of the termination of the marriage, but in the listed cases, most often you cannot do without a certificate.

Where and how to get a divorce certificate

A divorce certificate is issued only at the registry office against the signature of each spouse. In this case, each spouse receives it for himself and the simultaneous appearance of both spouses, as, for example, to file an application for divorce, is not required.

As a general rule, the registry office makes a decision on divorce after a month, after which it issues a certificate of termination of marriage to each of the spouses.

Since the step-by-step procedure for issuing a certificate is not regulated, civil registry offices often carry out the divorce procedure, but the date for issuing the certificate may be set later, based on the workload and peculiarities of the organization of work in each of the registry office departments.

Where and how can I obtain and obtain a divorce certificate after the trial?

If the marriage was dissolved through the court, a certificate of this is also obtained through the registry office, but with some features:

• Firstly, when applying to the registry office, you must submit a corresponding application, attach copies of identification documents and attach a decision of the magistrate or district court, which terminated official family relations.
• Secondly, the attached court decision must enter into legal force – i.e. a month must pass from the date of the decision, the decision must bear a court mark on the date of entry into force. The mark and the decision itself are certified by the round seals of the court.
• Thirdly, if the court decision on divorce was appealed before the expiration of the month, it will not be possible to apply to the registry office to obtain a divorce certificate before the end of the litigation - you must wait for the results of the consideration of the case in the court of the second (appeal) instance and only then apply to the registry office. A judicial act issued as a result of an appeal by the court of appeal comes into force immediately on the day of adoption. If the decision has been appealed, then in addition to it it is necessary to attach a judicial act of a higher authority, by which it was changed or upheld.

If a decision of a foreign court is submitted to the registry office or the marriage of foreign citizens or a foreign citizen and a citizen of the Russian Federation is dissolved by a decision of a Russian court, but one or both spouses have passports from another country, a notarized translation of these documents is required for their submission to the registry office. Likewise, if the ex-spouse needs to present a divorce certificate in another country, it must be translated into the language of that country by a notary.

State duty

How much does it cost to issue? The certificate is issued free of charge, since all technical costs for its production are assumed to be included in the state fee, paid when applying to the registry office for divorce. The divorce fee is 650 rubles for each spouse.

How to restore a divorce certificate?

If the certificate needs to be restored, the applicant submits a written application to the registry office with a copy of his passport attached and pays a state fee of 350 rubles for re-issuing the document. The deadline for issuing a duplicate divorce certificate has not been established, however, the registry office tries not to delay this procedure and it rarely exceeds 1 month in duration.

On the newly issued document, “REPEATED” is indicated in large letters.

Sample divorce certificate

Divorce certificate

After a divorce, former spouses wonder how to obtain a divorce certificate. It is issued to each of the spouses and has a special legal meaning: only after receiving it will any of the former spouses be able to enter into a new marital relationship.

You can obtain a divorce certificate only at the registry office. If the marriage was dissolved in court, then you will still need to pick up the certificate at the registry office.

Regardless of the method of divorce, former spouses must:

If the certificate is lost, you can obtain a duplicate. You will also have to pay a state fee for this. A copy of the divorce certificate may be needed when applying for visas, to confirm the surname when receiving an inheritance, and in other situations.

Procedure for divorce

Marriage is a social phenomenon that is regulated by the traditions of society and is subject to state registration. Its termination is regulated by law. According to Art.

16 of the Family Code of the Russian Federation, a marriage between citizens can be dissolved by filing an application by one of the spouses (or both together).

You can declare your desire to get a divorce in court or in the registry office , depending on the situation (Article 18 of the RF IC).

• If one of the spouses is incapacitated , based on his interests, a guardian is allowed to submit an application for him (Article 16 of the RF IC).
• The simplest option for divorce is when both spouses agree to it and they do not have common minor children . Then you can submit a joint application for divorce to the nearest registry office (part 1 of article 19 of the RF IC).
• In some cases, it is possible to contact the above-mentioned body if the spouses have children and only one of them wants a divorce. The Civil Registry Office will accept an application if there has been no news of the second spouse for a long time (that is, he has gone missing ), is declared incompetent, or is in prison .
• In other cases, you will have to get a divorce through the court . The procedure for judicial review is provided if the family has children who have not reached adulthood, one of the spouses does not want a divorce or avoids filing an application with the civil registry office (Article 21 of the RF IC).

You can get acquainted with the features of divorce in court in our article

→ Divorce through court ←

The required package of documents is related to the chosen divorce procedure:

1. If the family union was annulled in court — when applying to the registry office, the ex-husband and wife must provide:
   • passport;
   • the original of the court decision that has entered into force;
   • a receipt for payment of the state fee (issued by the Civil Registry Office employees and paid at the nearest bank branch on the day of application).

   You can apply for a divorce document in court at any time (immediately, in a month, even after several years). The court's decision confirms the annulment of family ties.

2. If spouses divorce through the civil registry office by mutual agreement, they need:
   • passports;
   • marriage certificate;
   • application for divorce;
   • payment of state duty.
3. At unilaterally treatment one of the spouses in the registry office, the package of documents will be as follows:
   • passport;
   • document on the conclusion of a marriage union;
   • a court decision regarding a husband or wife (recognition as incompetent, missing, sentence of imprisonment);
   • state duty.

State fee for a divorce certificate in 2023

The price of a divorce document directly depends on how and who receives it (according to clause 2, part 1, article 333.26 of the Tax Code of the Russian Federation).

Method of receipt Amount of state duty, including issuance of a certificate

Upon dissolution of a family union in the civil registry office by mutual consent of both spouses if the couple does not have common minor children	650 rub. from each spouse
If the application to the registry office is submitted unilaterally (in cases provided for by law)	350 rub.
If a husband and wife are divorced by court	first, the person who is the plaintiff pays a fee when filing a claim in the amount of 600 rubles; then obtaining a divorce certificate is paid at the registry office by each spouse in the amount of 650 rubles.

In the table presented, the indicated amount of the state fee at the stage of applying to the registry office includes the cost of obtaining a divorce certificate .

Contents of the divorce certificate

The document is written out or printed on a form, the form of which is clearly established and is the same throughout the country and in any case of divorce. The most important information contained in the certificate: information about divorced spouses, a statement of the fact of divorce, entry number in the register book, date of issue, name of the issuing authority.

1. The full name of each of the couple must be indicated in the version that was valid before the divorce and after it .
2. Provides information about the document that served as the basis for the divorce.
3. The dates of the termination of the marriage and the entry into the register are indicated

The certificate does not specify the reasons for the divorce. The document only confirms the fact of registration of a civil act.

• Answer a few simple questions and get a selection of site materials for your case ↙

Divorce certificate form (download)

Spouses communicate their desire to divorce in a joint statement. An authorized person in the civil registry office reviews it. If there are no contradictions, the employee issues a document stating that the marriage has been dissolved.

Divorce, registration of divorce and issuance of a certificate are provided for at least a month after filing the application. To do this, at least one of the spouses must appear at the registry office.

1. An act entry is made in the registration book . It will be the basis for issuing two equal copies of the certificate to each of the spouses.
2. After registering the divorce, a civil registry office employee stamps the divorce in each passport.
3. The certificate can be obtained by a representative of the former spouse who has a power of attorney to represent his interests.

It is important to attach the necessary documents to the divorce application.

How to obtain a divorce certificate through court

If the court decision on divorce was not appealed accordingly within a month , within three days after the expiration of this period of time, an extract on divorce is transferred to the registry office. The latter registers the document, after which the spouses can receive a certificate.

1. The extract is sent by the court to the civil registry office, which at one time registered the marriage . He enters information about the divorce into the deed book.
2. Registration of divorce by court decision takes place in the registry office without the presence of the former spouses.
3. You can pick up the certificate at any time that is convenient and suitable for each of the former spouses individually.
4. Each of the former spouses will be able to receive a copy of the document after presenting a passport, an extract of the court decision and paying the state fee. A receipt with details is issued by employees of the Civil Registry Office after contacting them.

An extract from the court decision will also serve as a document confirming the divorce. However, entering into a new marriage is possible only after receiving a certificate.

It happens that one of the spouses lives in another city and cannot apply for a certificate from the registry office that once registered the marriage. To obtain a document, you can visit the nearest branch of the authority, present your passport, an extract from the court decision, a receipt for payment of the state duty and an application.

If a citizen or former citizen of the Russian Federation lives abroad , in accordance with Art. 185 of the Civil Code of the Russian Federation, he can entrust another person with the right to represent himself.

A power of attorney will make it possible to act in the interests of the principal, including obtaining a divorce certificate from the registry office, an extract from the court decision, and documents from other organizations.

Is it possible to obtain a divorce certificate at the MFC or through State Services?

The answer to both of these questions is unequivocal - it is impossible , under no circumstances. Only the civil registry office, i.e. the registry office, is authorized to issue divorce certificates or a duplicate of this document and put a confirmation stamp in the passport of divorced spouses.

Multifunctional centers (MFCs) have the authority only to accept documents for divorce, and the final procedure - issuing the final form of the document is not part of their authority.

Also, with all the variety of services provided by the single portal of the State Services, it is not possible to obtain a divorce certificate via the Internet.

Thus, when paying electronically, each party to the divorce process will need to pay 455 rubles.

Spouses can initiate divorce through the State Services portal and the MFC only if the divorce occurs out of court.

On the appointed date (about a month after filing the application), the spouses (or at least one of them) will need to visit the registry office to obtain a certificate.

In addition, spouses can use the State Services website to register for a convenient date and time at the civil registry office after the court decision enters into legal force. You can also pay the state fee for obtaining a divorce document online, with a 30% discount.

Read our article on how to apply for divorce using government services or MFC.

→ Divorce through State Services and MFC ←

The day from which the joint marriage will be considered terminated is different for the divorce procedure through the registry office and through the court.

In the first case, the moment of termination of the marriage will be considered the day of state registration of its dissolution in the register book. In the second - the date when the court decision will acquire legal force (Part 1 of Article 25 of the RF IC). According to Part 2 of Art.

321 of the Code of Civil Procedure of the Russian Federation, a court decision becomes legal a month after its adoption.

1. It is important not only the day from which the marriage will be considered dissolved, but also the moment of receiving the divorce certificate. Any of the spouses is allowed to enter into a new marriage only after receiving the document (Part 2 of Article 25 of the RF IC).
2. From the moment of divorce, certain personal and property relations between the ex-husband and wife cease . Legal relations can and should be preserved in the presence of small children or the incapacity of one of the spouses (alimony is provided).

Marital property ceases to be marital property after the agreed upon date of dissolution of the marriage, but only if it has been divided. If no division occurs, the property continues to be considered common. After the moment of divorce, either of the former spouses can make transactions without the consent of the other .

How to restore a divorce certificate?

A duplicate of the divorce certificate is usually obtained in the event of its loss (lost) or damage. To restore this document, you must contact the civil registry office at the place where the marriage was concluded on the reception day, providing the employees with:

1. Passport with a note about registration of divorce.
2. Receipt for payment of state duty in the amount of 350 rubles.

Let's consider the possibility of restoring a lost certificate in unusual situations:

1. When the certificate is lost and the stamp is missing in the passport about registering a divorce (for example, when replacing a passport). In such a situation it is necessary:
   • contact the civil registry office that previously issued the certificate on the reception day;
   • have a passport and 350 rubles with you. to pay the duty;
   • tell employees the year of dissolution of the family union for ease of searching in the database.

2. If the divorce took place in another city . It happens that people dissolved their family union and received the relevant documents in one city, and then moved to another city. Nowadays it is possible to communicate between different registry offices on the territory of the Russian Federation, so to obtain a copy of the divorce certificate you need:

   • apply with your passport to the civil registry office at your location (residence);
   • send a request to the civil registry office at the place of divorce;
   • after the certificate is sent, the civil registry office notifies the applicant about this;
   • upon receipt of the certificate, the applicant pays a state fee in the amount of 350 rubles.

Employees of the civil registry office must assist the applicant in drawing up a free reasoned request to the civil registry office at the place of actual dissolution of the union, from which a duplicate (copy) of the required document must be sent.

Conclusion

• After divorce, you must take care of obtaining a divorce certificate.
• It is issued by the civil registry office in two equal copies; they will go to each of the now free spouses.
• Regardless of the reasons for divorce, the certificate has one established type and form.
• When divorcing through the registry office, a month after filing the application, the spouses must visit the department on the appointed day and confirm their intention to divorce . After this, based on the entry in the deed book, receive a divorce document.
• During court proceedings, an extract from the decision is transferred by court employees to the registry office. This occurs three days after the court decision comes into force. The divorce is registered. Each of the former spouses can obtain a certificate of divorce at any time thereafter.
• Without a document, you won’t be able to get married again, make a deal, or get a visa abroad.
• The moment of divorce is the date of registration of the divorce (if the spouses divorced through the civil registry office) or the day the court decision entered into force (if the divorce took place through the court).

If during the divorce no agreement was reached on the maintenance of common minor children, alimony can be recovered from the ex-spouse through the court. This procedure is discussed in detail

→ in the next article ←

Question

My ex-wife is demanding a divorce certificate from me, but she is not satisfied with a copy. Why does she need it?

Answer

If your former spouse has lost or has not received her personal copy of the certificate, let her contact the nearest civil registry office (at her place of residence) and receive a duplicate or original. It is stipulated that after a divorce, a document is issued to each of the former spouses. Whether or not to give away your copy is up to you. Keep in mind that you may need it.

Question

My husband and I divorced eleven years ago. They put a stamp in my passport, but I never received a divorce certificate. Then I changed my passport and decided not to mention my ex-marriage. The new document does not have a stamp. Now I'm getting married again and can't figure out whether I'm considered a divorced woman or not?

Answer

If the two of you filed an application for divorce with the registry office, but no one came on time (a month later), you are still married! Your failure to appear was interpreted as if you and your husband had changed your mind about getting a divorce. But if you are talking about a stamp placed in the passport after a divorce, then it is placed only in the registry office.

This means that the divorce did take place. You can get a certificate, just go to the nearest department and explain how it all happened. The staff should advise you on what to do next.

Certificate of divorce by court decision

A divorce certificate is issued by the civil registry office on the basis of Federal Law No. 143-FZ “On Acts of Civil Status” dated November 15, 1997. This document officially confirms that citizens are no longer spouses, and also terminates civil obligations between them.

But in such an unpleasant issue for the family, there are situations when obtaining a certificate is only possible through the court :

The married couple will have to go through divorce proceedings and only a court decision that has entered into legal force will be the basis for registering a divorce. In this case, after receiving the decision in hand, you will need to contact the registry office.

The moment of divorce by court decision

Until 1996, the moment of divorce was considered to be the receipt of a certificate from the civil registry office. After the court decision, the spouses independently applied to register the termination at any time. This introduced a lot of inconvenience and controversy into the regulation of this issue.

If the spouses divorced before May 1, 1996, but have not yet issued a divorce certificate, then legally their marriage is still valid, and joint rights to property and inheritance also apply.

On May 1, 1996, amendments were made to the current Family Code and from that date Art. 25 of the RF IC directly states that the moment of divorce is the day the court decision enters into legal force.

Moreover, with the introduction of amendments, the court does not leave the issue of notifying the registry office to the former spouses, but does it independently. The certificate began to have a certifying character, i.e. is not a legal fact for terminating obligations.

The procedure for obtaining a divorce certificate by court decision

After the divorce decision is made, the spouses have another month before it comes into force. This period provides for an appeal by one of the parties to the process.

Within 3 days from the date the decision enters into legal force, the court must send an extract from it to the civil registry office at the place of registration of the marriage. Spouses also receive an extract and must contact the civil registry office to register the divorce and obtain a certificate of dissolution of this marriage.

If you receive a court decision and not an extract, you need to make sure that it has the “entered into legal force” stamp . Only on the basis of one of these documents will registration be carried out with the civil registry office.

In this case, the marriage is considered dissolved from the moment the court decision comes into force, but until a certificate is received from the registry office, neither spouse has the right to create a new family.

Application for registration of divorce by court decision

Art. 35 of the Federal Law “On Acts of Civil Status” establishes that a statement can be made :

• Orally . If registration is carried out at the civil registry office where the marriage was previously registered, then the basis for issuing the certificate will be a decision sent by the court on divorce. In this case, a written application is not required.
• In writing . If citizens apply to the civil registry office at the place of residence registration or through a representative. Then the basis will be an extract from the court decision, or the decision itself, attached to the application.
• In electronic form using the State Services portal (Unified portal of state and municipal services). In this case, the application is confirmed by an electronic signature. The service is convenient for receiving documents remotely, upon request by registered mail.
• With the help of other authorized persons on the basis of a power of attorney, if in person, due to circumstances, it is impossible to obtain the document.

to apply for a certificate jointly ; spouses can do this separately. Then a change is made to the existing entry to issue a certificate to the citizen who applied later.

Example

The court's decision on divorce came into force after one of the spouses left for another city for permanent residence. The ex-wife received an extract directly from the magistrate's court, and the document was sent to her husband by mail to a new address.  

After receiving an extract from the court decision, the spouse applied to the civil registry office at the place of his registration of residence. Based on the application, a request was made to the registry office at the place where the marriage was registered. After this, the citizen was issued a duplicate divorce certificate.

Documents for registering a divorce by court decision

To obtain a divorce certificate from the civil registry office, you must submit the following package of documents :

• the court's decision;
• extract from the court decision;
• statement;
• passport;
• check for payment of state duty.

The first two documents can be obtained in court , where the case was heard in person, or remotely, using a written request, the documents can be sent to the specified residence address.

The state duty is paid on the basis and in the amount specified in Art. 333.26 of the Tax Code of the Russian Federation by transfer to the recipient’s current account or through Sberbank upon presentation of details.

State fee for obtaining a certificate of divorce by court decision

There is often confusion and misunderstanding with state taxes. The fact is that the state duty is paid when the plaintiff files a claim in court and citizens mistakenly believe that it also applies to registration with the civil registry office.

To obtain a divorce certificate, you will have to pay the state fee again, for each of the spouses , since the document is personal.

Questions from our readers and answers from a consultant

I want to change my last name again after a divorce. Who decides this issue, the court or the registry office? What documents are needed at the passport office to change a passport?

To obtain a passport with a new surname, you will need a standard set of documents:

• passport;
• birth certificate;
• certificate of divorce (as a basis for changing the document).

Birth certificates of children (if there are minor children and are included in a valid passport).

I'm going to get married again, the divorce trial took place, the claim was granted. How to speed up obtaining a divorce certificate?

According to paragraph 1 of Art. 209 of the Code of Civil Procedure of the Russian Federation, the court decision will enter into legal force after the expiration of the period for filing an appeal. Art. 321 of the Code of Civil Procedure establishes a period of one month for filing an appeal in civil cases.

So it will not be possible to shorten the period before stamping a court decision that it has legal force.

But if you immediately contact the registry office, you can receive the certificate in one day and apply to register a new marriage.

I am a convicted person and am serving a sentence. My wife divorced me, which was simply reported to me by a document from the registry office. Do I need a divorce certificate? And how can I get it from prison?

It is worth obtaining the document in case you are planning to start a new family in the future. To do this, you need to issue a power of attorney for another person to obtain a certificate from the civil registry office. This could be a relative or friend; proof of family ties is not necessary. The power of attorney can be certified by the head of the colony or an invited notary. You must also pay a state fee.

Based on Art. 25 of the Family Code of the Russian Federation, the moment of divorce, and accordingly the termination of mutual obligations and rights, occurs on the day the court decision enters into legal force. That is, the legal process itself is not enough to terminate property relations.

During the period for appealing the court decision, the spouse may file a claim for the division of joint property and, if the apartment purchase and sale agreement contains a date preceding the date the court decision enters into force, then this property is subject to division.

It is more advisable to wait a month after the trial, get a stamp on the court decision about its entry into legal force, and after that formalize the purchase of real estate. In this case, the presence of a divorce certificate does not matter.

Divorce certificate

A family union entered into officially can be dissolved. As a result of this, the former spouses receive a document in their hands, which is called a certificate of divorce .

It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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Divorce certificate form

The certificate is a document and is printed (or filled out by hand) on a special form. This is stamp paper, just under A4 size, with watermarks and a unique serial number. The number consists of a series in a letter designation and a digital six-digit number.

Forms for issuing a certificate are accountable, which once again confirms the importance of the document.

The content of the document is standard and includes:

• Full name, date and place of birth of both spouses;
• information about their citizenship (not a mandatory column);
• data on the grounds for divorce (application, court decision) and the date of its receipt;
• date of divorce and information about the entry made in the deed book;
• surname assigned to the spouse after the procedure (if it changes).

The document also contains:

• information about the civil registry office that issued the certificate;
• date of issue;
• Full name of the citizen to whom this copy is addressed;
• seal of the institution, full name and signature of the head.

Why do you need a divorce certificate? It will be useful in a number of cases:

The marriage union is considered dissolved by law at the moment of delivery of this document. To confirm the issuance of the certificate in hand, the registry office employee makes an appropriate note in the deed book, which, in the event of loss of the document, will serve as the basis for issuing a duplicate.

Where and how to obtain a divorce certificate?

A married couple can be divorced:

1. The registry office. Eligible if:
   • the couple has no minor children, no property disputes and both agree to divorce;
   • one of the spouses is serving a sentence of at least three years and has been declared incompetent or missing by a court decision. In this situation, the divorce is filed by the second spouse alone.
2. In a court. You must apply to the court for permission to divorce if:
   • there are children whose age has not reached adulthood;
   • there are disagreements regarding the division of property;
   • one of the spouses opposes the divorce.

Where can I get a divorce certificate ? the registry office is responsible for issuing the certificate . Only he is authorized to make changes to the civil status, which is confirmed by entries in the book of deeds and the issuance of relevant documents.

In case of divorce by court decision, the court only makes a decision that the couple can divorce, since all legal grounds are met:

• children's rights are protected;
• property is divided;
• the interests of all parties are respected.

The divorce will be processed by the registry office, which is the next step after the trial. If the divorce goes through the court, then the registry office will need to present a court decision.

State duty

Registration of the document is associated with the mandatory payment of a state fee. Its size in 2017 is:

• 650 rubles from each spouse for drawing up a document for divorce by consent or by court decision;
• 350 rubles per applicant for a process initiated unilaterally.

Payment of the fee is mandatory and must be made before filing for divorce. It is payment for the services of the registry office and the cost of the certificate form. Agency employees have the right not to accept applications from citizens if a receipt for payment of the state duty is not provided along with the required documents.

The duty is paid in banking organizations by money transfer to the details of the government agency. Information about the payment regalia of a specific registry office can be found:

1. In the information materials of the institution itself.
2. On websites and portals of government agencies.

Documents from citizens are accepted before paying the state fee only when submitting applications online on the State Services portal. But upon personal confirmation of the application following the submission of an electronic application, payment of the fee will be required.

How to restore a divorce certificate?

The divorce certificate, like any other documents, is subject to restoration in the event of loss or damage. The applicant will be given a duplicate, which has the force of the original.

How to get a duplicate of a divorce certificate:

Contact the registry office with an application to restore the lost document. You can download the application form on the websites of government agencies or on our website: [sample application]. It states:

• Full name, passport details;
• place of residence;
• initials of former spouses;
• the place where the divorce took place and the time;
• the purpose of obtaining a duplicate.

You will need to provide:

• passport with divorce stamp (if available),
• court decision (if the divorce was in court),
• information about your full name at the time of divorce (if there was a remarriage or change of surname).

It is recommended to contact the branch where the original document was issued. In this case, the waiting period will be up to 10 days.

An appeal can be registered from:

1. certificate holders;
2. their relatives (confirmation of relationship and indication of the reason for receiving a duplicate will be required);
3. by power of attorney by an authorized person.

How to get a second certificate if your place of residence has changed? Contact the registry office at your new place of residence with the same set of documents. The authority will make a request to another territorial unit. The waiting period for a duplicate can last up to six months.

The procedure requires payment of a fee. Its size is 350 rubles .

Conclusion

1. Confirmation of a completed divorce is a state-issued divorce certificate. It is issued to both former spouses.
2. The registration and issuance of the document is carried out by the registry office, regardless of the circumstances of the divorce process.

3. The state fee for a divorce certificate in 2017 ranges from 350 to 650 rubles .
4. If lost or damaged, a document can be restored upon personal request or by other persons, including relatives and trusted citizens.

The most popular question and answer regarding the divorce certificate

Question: I have a good relationship with my ex-husband, he has now moved to another city and is going to get married again. I lost my divorce certificate.

The request to our city will take a long time and he asked me to get a duplicate for it at the registry office where we got divorced. They refused me there because I do not have the right to receive this document for him.

Is this correct and is there any possibility for me to make a duplicate?

Answer: You were entitled to refuse. You can get a duplicate certificate for yourself, but not for your ex-spouse, since you are not his relative.

In your situation, we can recommend the option of a power of attorney, which your ex-husband writes to you and notarizes. This will help you make the request as his proxy. This option for obtaining a new certificate is provided for by law.

Samples of applications and forms

• Application for renewal of certificate

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