How to properly apply for divorce: what you need, documents, conditions

• Just like marriage, its dissolution requires compliance with certain legal formalities.
• There are two ways to leave family relationships in the past: the registry office and the justice system.
• For the options we mentioned, read how to properly file for divorce.

Divorce without trial

This procedure is possible with the help of the registry office.

There are two mandatory conditions:

• both spouses are not against ending the family union;
• The husband and wife do not have common minor children.

A divorce can be filed both at the place of registration of the marriage and in the territory of residence of one of the spouses (when people are not together).

Even if the spouses decided to separate through the registry office, disputes regarding joint property are still resolved only in court.

There are also alternative options. Thus, the application can be submitted online on the unified government services portal. This is possible if each family member has his own electronic signature. Also, an application for divorce can be sent through the MFC.

When divorcing a marriage through the registry office, spouses, as a rule, write one application for both. If one of the family members cannot be present at this process for good reasons, then he can send his application for divorce to the registry office by mail. In this case, the signature on the document must be notarized.

The specified amount is paid by each spouse separately. Each registry office has its own bank details, so it is important to clarify them in advance.

The divorce process takes one month. Within this period of time, spouses may change their minds about ending the relationship.

Then the submitted application is allowed to be withdrawn, but the pre-paid state fee is not refundable.

After the expiration of the month, both spouses are separately issued a certificate confirming the official divorce. There is no need to pay any additional fee to receive it.

Application for divorce from one person

The legislation allows for three cases when termination of a marriage is allowed through the registry office unilaterally, even if there are common small children. All of these situations involve court decisions against the second spouse.

The corresponding decision may appear no earlier than one year after the last information about the place of residence of the second spouse was received.

Recognition of a husband (wife) by the court as completely incompetent also provides the opportunity for the opposite half to independently file for divorce through the registry office. The guardian of the incapacitated spouse also has the right to submit a corresponding application.

When a person’s legal capacity is only limited in court, this does not give the right to unilaterally terminate the existence of a marriage.

It is also possible to formalize a divorce on your own if the second spouse is sentenced to imprisonment for a crime. In this case, the term of serving the sentence under the sentence that has entered into force must exceed three years.

The whole procedure is quite simple. The initiator of the divorce goes to the registry office and writes a statement (there is a specific form for this). A copy of the relevant court decision is attached to it. You must also pay a state fee, which is equal to 350 rubles. Then you will have to wait a month to receive a certificate of termination of marriage.

Filing for divorce through court

1. In addition, the judicial procedure is mandatory if there are common minor children.
2. A statement of claim can be filed with the district court either at the place of residence of the defendant or in the territory where the plaintiff is located.
3. The latter option applies if the plaintiff has small children as dependents.

It is also possible to appeal to a justice of the peace if there is no disagreement regarding the future fate of the child. For example, parents agreed in advance among themselves with whom their children would continue to live after the divorce procedure was completed.

Statement

Sample statement of claim for divorce

There are several rules for its compilation. The beginning is standard - the name of the court and information about the spouses wishing to file for divorce.

After this information, the reasons that prompted the plaintiff to file for divorce should be conveyed to the court.

There can be many reasons: adultery, differences in character, violence, and so on.

If children were born in the marriage, then information about them (initials, date of birth) is also indicated. In addition, the plaintiff must write about who the child should live with after the dissolution of the marriage between his parents.

Along with the divorce itself, the text of the statement of claim may raise the following questions:

• on the distribution of common property;
• regarding making alimony payments;
• related to the place of further residence of the child or a change in his initials (for example, a mother may insist that children after a divorce bear her last name)

For each of the above requirements, it is worth providing separate evidence, supported by documents.

Depending on the content of the application to the court, the amount of the state duty may vary. If the case concerns only divorce, the claim will cost its author 300 rubles. When property issues are involved, you will have to pay a percentage of its value. Requirements regarding children and alimony do not require state duty.

The claim with all its attachments is prepared not only for the court, but also for the defendant. That is, two sets of claim materials for the upcoming divorce case are submitted to the office of the justice authority.

Child support agreement

A notarial form is required for such a document.

The contract should focus on the amount of alimony, as well as the procedure for paying it (in person, through a bank or by mail).

There is one rule - the amount of payments should not worsen the rights of the child as prescribed by law. For example, if the Family Code prescribes withholding a quarter of the income for one child, then payments under the alimony agreement should not be lower.

If the agreements reached between the child’s parents are not respected, then there is no need to file for child support in court. The agreement automatically turns into an executive document, which will be handled by the bailiffs at the debtor’s place of residence.

Some clauses of the alimony agreement can later be changed. To do this, you will again have to contact a notary.

Waiting for a decision

Typically, a divorce case is considered for several months, especially when the second spouse is against ending the relationship. Then the court, in order to preserve the family, may give three months for a possible truce between two people.

We should also not forget that after the court’s decision, the other party to the divorce proceedings has the right to appeal.

This appeal stage may also take another 3 months.

Of course, the ideal option would be when both spouses agree to divorce, but one of them was prompted to go to court by the presence of children. Then a decision can be made within 1-2 months.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 or ask a lawyer a question using the feedback form, located below.

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What documents are needed for divorce, filing an application for divorce, how and where to apply

In the Russian Empire, in order to get a divorce, people turned to a religious institution. For example, in order to dissolve an Orthodox marriage, it was necessary to obtain permission from the Holy Synod. Possible reasons for divorce were strictly limited.

Now legislation has stepped far forward. Getting a legal divorce is not so difficult, but still many, having decided to dissolve their marriage, are faced with the question: what certificates to collect, how to write an application and where to submit all this.

Although the procedure for submitting documents is not so complicated if you know the basic rules.

The procedure and conditions for divorce in Russia, where spouses can apply

So, the decision that divorce is inevitable has been made. To get a divorce, you need to prepare documents and submit an application:

• to the registry office;
• justices of the peace;
• to the district court.

The choice of the authority to which divorce documents will be filed depends on certain conditions and circumstances.

Documents are submitted to the registry office in the following cases:

• if both spouses agree to divorce;
• if there are no minor children;
• if one of the spouses was declared incompetent, missing or dead (or he was sentenced to a term of more than 3 years).

Magistrates are contacted if:

• one of the spouses is against divorce;
• There are children from the marriage who are under 18 years of age.

If property is to be divided (at a cost of more than 50,000 rubles), you need to go to the district court.

Video: how to divorce by mutual consent of husband and wife

What documents and certificates need to be collected?

The complete set of documents depends on where and under what conditions the divorce will be formalized.

List of required documents for divorce at the registry office

To get a divorce through the registry office you need:

• application for divorce of one or both spouses;
• passport(s);
• marriage certificate;
• receipt of payment of the state duty (650 rubles - a regular divorce, 350 - one-sided).

In some cases, an additional document is a court decision that has entered into force:

• on the imposition of punishment (in a criminal case);
• on declaring a spouse incompetent;
• on declaring a spouse missing.

A spouse can be recognized as missing only on the basis of a court decision, for which a corresponding application is submitted.

A package of documents to dissolve a marriage in court

To get a divorce through the court you need:

• application for divorce (and copies);
• passport(s) and marriage certificate;
• receipt of payment of state duty (650 rubles);
• evidence confirming the validity of the claims;
• documents for children (birth certificate, school certificate, etc.);
• documents confirming the validity of the claim price (inventory of property, receipts, contracts);
• certificate of family composition (or extract from the house register);
• income certificates (if the issue of alimony is relevant).

Also, at the request of the judge, additional documents may be needed.

Is an original marriage certificate required for divorce?

Many people who want to get a divorce face the problem of not having a marriage certificate. Lost during a move, hidden by the other half, burned in a fire - it doesn’t matter. The important thing is how to get a divorce without him. Any authority, especially a court accepting an application, will require the original.

In the event of a divorce, a marriage certificate is required.

Written evidence shall be submitted in the original or in the form of a certified copy. Original documents are presented when the circumstances of the case, according to laws (or other regulatory legal acts), are subject to confirmation only by such documents, when the case cannot be resolved without original documents, or when copies of a document are presented that differ in their content.

Article 71 of the Civil Procedure Code of the Russian Federation

The fact is that the original is needed in order to attach it to the divorce case, even when contacting the registry office. After the divorce is finalized, the marriage certificate is confiscated and a divorce document is issued.

How to obtain a repeated certificate

If the copy is not suitable, the original document is lost, the only way to file a divorce is to restore the certificate. If the spouses want a divorce, and it can take place at the registry office, then you can submit all the documents to the place where this marriage was registered. To do this, you need to know the act record number and date. Marriage data will be raised and divorced without issuing a certificate.

If the number is lost (forgotten), and the date was so long ago that it was forgotten, you can write an application (form No. 19) to the registry office where you were registered and receive a duplicate.

If you are going to send this application by mail, it is important to follow the filling rules. It must be filled in with blue or black ink. All words must be easy to read, legible, without corrections. You can’t shorten it; you need to write every word exactly as in the documents. In the “Document required” column you need to write the reason – “for divorce.”

To issue a duplicate marriage certificate, you need an application strictly in form No. 19

The state fee for issuing a duplicate is 350 rubles. Having a repeated certificate, you can submit documents to the court.

Application for divorce: forms and rules for filling them out

The application must be submitted by one or both spouses. If this is a lawsuit in court, then two copies are needed (the second for the defendant).

Russian legislation has approved forms of applications for divorce, which are used depending on certain circumstances and conditions when submitting an application to the registry office:

• Form No. 8 - with mutual consent of the spouses;
• Form No. 9 - if there is a court decision (on incapacity, recognition as deceased, as well as in case of imprisonment for 3 or more years);
• Form No. 10 - based on a court decision on divorce.

Forms of certificates of state registration of acts of civil status are produced according to a single model approved by the Ministry of Justice of the Russian Federation, in the state language of the Russian Federation - Russian, and if a republic - a subject of the Russian Federation establishes its state language (languages), forms of certificates of state registration of acts of civil status statements can be prepared in Russian and in the state language (languages) of the republic.

What documents are needed for divorce?

Before submitting an application to the competent government agency that resolves issues of annulment of a marriage, a person intending to get a divorce should collect the package of documents required for a particular case. Based on the grounds for termination of marriage ties prescribed in family legislative acts, we can distinguish 4 cases when different lists of documents are required to initiate the dissolution of marriage ties:

1. In the registry office, if the wife and husband divorce by mutual agreement.
2. In the registry office, if one of the spouses expresses the intention to divorce unilaterally.
3. Through the court, if one of the spouses protests against the severance of family relations.
4. Through the court, if the spouses dissolving the marriage have a minor child together.

List of documents for divorce proceedings at the registry office

If the separation occurs by mutual consent, then the spouses must jointly prepare the necessary papers and then submit them together to the state registry office in order to formalize the dissolution of the family union. The list includes:

1. Eighth application form. The form can be downloaded online from here.
2. Marriage certificate.
3. Document for state duty, which confirms its payment.
4. Passports from wife and husband.

Before contacting the state civil registry office with a request to terminate a family relationship, spouses must take into account that, according to the law, the civil registry office will not dissolve the marriage if there are minor children or if one of the spouses objects to a divorce.

If a divorce occurs on the unilateral initiative of one of the participants in the marriage relationship, then the interested applicant must contact the divorce department of the state civil registry office and submit to its employees the following documents:

• Ninth application form. An online sample of it can be found here.
• An official document from the registry office regarding the registration of marital relations.
• A court decision (copy) or sentence (copy) recognizing the following legal status of the second spouse:
  • Absence from residence.
  • Declaration of the dead.
  • Incapacity.
  • A criminal conviction for a period exceeding three years, which is accompanied by his placement in a correctional colony.
• A certificate recording the death of the other spouse. It is issued if the place of death and the time of his death are reliably known.
• Applicant's passport details.
• A document confirming payment of the established amount of duty.

It should be noted that a spouse who wishes to divorce on his own initiative is not obliged to take into account, when sending documents to government officials, whether he has offspring who have not reached the age of majority or not. According to legal norms, the divorce procedure in this situation will be carried out in any case.

The termination of a marriage is considered to have taken place from the moment an entry is made in the book registering civil status. The registry office has a statutory time period of 30 days for this after receiving the necessary papers. During this time, employees must make an appropriate entry in the book, print a divorce certificate and issue it to each of the former spouses.

A citizen of the Russian Federation and a foreigner, when dissolving a family relationship through the Russian registry office or the Russian consulate in the territory of a foreign state, for each case described above, are required to provide a similar package of documents.

List of documents for divorce in court

If one of the spouses does not agree to sever the marital ties by joint agreement, then the documents for divorce in court will include:

1. A statement written to initiate divorce proceedings. A sample of it can be found here. In the application, the interested party must briefly describe the essence of the matter, namely:
   1. Reasons that prompted the dissolution of family relations with the other spouse.
   2. Reasons that, in the applicant’s opinion, do not allow the marriage relationship to be maintained.
   3. Circumstances due to which the defendant does not want to get a divorce.
   4. Request for annulment of marriage and division of property acquired during the marriage, if the spouses have it. The property of adult children cannot be divided under any circumstances.
2. Document on registration of family relations with the defendant.
3. Copies of the plaintiff's passport data.
4. Evidence of the circumstances pointed out by the plaintiff and which prompted him to initiate divorce proceedings. These could be photographs and videos depicting the other spouse during infidelity; documents from medical institutions confirming alcoholism or drug addiction of the husband or wife; medical certificate of bodily injury; written testimony from witnesses about the immorality of the defendant’s behavior; evidence of excessive gambling; testimony of witnesses confirming the defendant’s reluctance to earn money and feed his family; written testimony that, for example, the husband does not want to take care of his sick wife, who has a registered disability.
5. Payment of the state fee for judicial services confirmed in the relevant document.
6. A prenuptial agreement or agreement for the distribution of common assets. They will be required when dividing property assets.
7. Documents establishing the right of one or both spouses to material assets, for example, privatization, sale and purchase agreements, judicial acts awarding an item to one of the spouses. These official papers must be presented to the judge if the division of common assets is planned.
8. Appraiser's acts.

You can submit documents for review in the following ways:

• Personal visit to the court office.
• By mail.
• Through the Internet portal of the State Automated System “Justice”. To be able to work with the system, you first need to register an account on the State Services portal.

If the spouses have a minor child, then the interested person should use the following list of documents for divorce in court to select from it the necessary documents for individual purposes:

1. A claim document sent to the magistrate or to the district court, depending on whether the participants in the family union have disagreements over the educational measures that must be applied to the children, as well as about their future place of residence. A sample application form can be downloaded here.
2. Marriage certificate.
3. A copy of the applicant's passport data.
4. Documents for minor children, which contain information about the time and place of their birth.
5. Agreement on the transfer of child support. In addition, if there are appropriate grounds, alimony provision may be established by the court for the former spouse.
6. Official papers confirming the earnings of the future payer of alimony benefits, for example, a 2-NDFL certificate or a tax return.
7. Agreement about the child. Here the conditions for communication with them by a parent who does not live with him are prescribed, the address of their future place of stay.
8. An agreement on the distribution of common property or a marriage contract. They are necessary when, along with the dissolution of the marital union, a dispute over joint assets is resolved.
9. Documents establishing the right of one or both spouses to material assets, for example, privatization agreements, purchase and sale agreements, judicial acts awarding an item to one of the spouses.
10. Appraiser's acts.

You can submit documents for review in the following ways:

• Personal visit to the court office.
• By mail.
• Through the Internet portal of the State Automated System “Justice”. To work with the system, you first need to register on the State Services portal.

After the judicial act has been given legal force, the office of the court is obliged, within a time not exceeding 3 days, to mail an extract from it to the former spouses and the state civil registry office. The decision legally formalizes the couple's divorce.

Having received the above extract, the ex-husband and wife separately must prepare:

1. Tenth application form.
2. Certificate of marriage.
3. Transfer of state duty to treasury accounts certified by a receipt or other document.
4. Court transcript.
5. Passport.

You need to come with these papers to the state registry office and transfer them to the department dealing with divorces. Then, at the appointed time, each spouse visits this department a second time and picks up the prepared divorce certificate.

A citizen of the Russian Federation and a foreigner, when dissolving a family relationship through a Russian judicial authority, are required to provide a similar package of documents for each case described above.

Features of divorce in the presence of children

List of features Comment

Trial only	Married couples are not allowed to divorce through the registry office if they have a minor child. This is due to the fact that the judge has the necessary legal qualifications to resolve divorce disputes and can take measures to ensure and protect the legal interests of a minor child.
The alimony issue must be resolved	The role of alimony is that it ensures the existence of the child and the satisfaction of his interests, for example, in the field of education, treatment, sports, etc. The court ensures that parents do not violate the rights of children in the field of material support and do not deliberately reduce the amount of payments due to them.
It is necessary to decide which parent will look after and raise the children.	In this case, it is necessary to evaluate several parameters: Financial status of each parent. The child's attitude towards them. The living conditions of the spouses. Characters and behavior. The assessment of the above criteria is the function of the court, which can, if necessary, take the help of experts.
Participation in the process of an employee representing the guardianship authority is mandatory	His participation represents an additional guarantee provided by the state. This person ensures during meetings that the interests of children are respected and are not infringed.
Taking into account the opinion of a child aged 10 to 18 years	This right is enshrined in the Family Code and allows the child to choose the parent with whom he wants to live in the future.

Situations in which divorce will be refused

Family law does not allow a husband to divorce if:

1. He is in a registered relationship with his pregnant wife.
2. At the time of sending the documents on the termination of the marriage to the judicial authority, the common child had not celebrated his first birthday.
3. One year has not passed since the stillbirth of the baby.

Married women do not have such restrictions, so they can initiate a break in family ties whenever they wish.

State duty amount

It varies depending on the grounds for dissolution of the marital union.

State body Civil Registry Office Judicial body

Mutual divorce costs 650 rubles, which each spouse pays separately. A unilateral divorce costs 350 rubles, which is paid by the interested spouse.

The claim will be considered by a judge after 600 rubles are transferred to the accounts of the Russian Treasury. Payment is recognized as the legal obligation of the plaintiff. Alimony disputes are duty-free for the plaintiff. If the defendant loses the case, he will be required to pay 150 rubles. Filling out and printing a divorce certificate at the state civil registry office costs 650 rubles, which is paid separately by each spouse.

When dividing property values, the cost of the duty is calculated based on the value of the plaintiff’s claims, expressed in Russian rubles.

Cost of the plaintiff's claims How to calculate the fee

No more than twenty thousand rubles.	4% of the value of the claims will be charged. The minimum duty is four hundred rubles.
From twenty thousand one ruble to one hundred thousand rubles	Eight hundred rubles are charged, to which is added 3% of the cost of claims exceeding twenty thousand rubles.
From one hundred thousand one ruble to two hundred thousand rubles	Three thousand two hundred rubles are charged, to which is added 2% of the value of claims exceeding one hundred thousand rubles.
From two hundred thousand one ruble to one million rubles	Five thousand two hundred rubles are charged, to which is added 1% of the value of claims exceeding two hundred thousand rubles.
Over one million rubles	Thirteen thousand two hundred rubles are charged, to which is added 0.5% of the value of claims exceeding one million rubles. The maximum duty is sixty thousand rubles.

Arbitrage practice

The case was heard in the Lefortovo judicial district of Moscow at court site No. 406 in July 2010.

The husband appealed to the magistrate with a request to dissolve the marital relationship with his wife, since the marriage with the defendant did not work out and maintaining family relations is impossible.

During the marriage, the parties to the proceedings had a child who was under the age of majority at the time the proceedings began. In relation to him, the spouses reached an agreement regarding his place of residence and alimony.

They divided the property acquired during the marriage before the trial.

The defendant agreed with the claims and did not object to the separation from her husband.

For this reason, the judge did not find out the reasons and motives for the divorce and refused to provide a period for reconciliation of the spouses. Having indicated that the continuation of the marriage between the spouses was impossible, the court decided to divorce.

Regulatory framework

Normative act Articles

Tax Code (Part 2)	Article 333.19 – tax fees for judicial services. Article 333.26 – tax fees for registry office services.
Family code	Article 17 prohibits a man from breaking family ties with his wife on 2 grounds. Article 19 – legal reasons for severing marriage ties in the state registry office. Article 21 – legal reasons for breaking marital ties in a judicial body. Article 25 is the point in time after which family relationships are recognized as ending. Article 55 ensures that a minor has the right to communicate with his parents. Article 56 provides a minor with the opportunity to be protected by state authorities and parents. Article 57 allows a child, upon reaching the age of 10, to choose the parent with whom he wants to remain. Article 60 establishes the right of a minor to material support, including alimony, and to the inviolability of material assets that he owns. Article 160 determines the procedure for terminating a marriage between a foreigner and a citizen of the Russian Federation.

Divorce documents

To speed up the divorce process, spouses ask themselves: what documents are needed for a divorce? A complete list of documents for divorce is one of the conditions for the fastest possible dissolution of marriage .

The standard list of documents required for divorce (application, passports, marriage certificate, receipt for payment of state duty) can expand and change depending on how the divorce occurs: through the registry office or through the court . The list of documents is also affected by the presence or absence of additional requirements related to divorce.

The process of filing for divorce also depends on whether the spouses applied to a judicial authority or to the registry office.

Types of divorce

Depending on the relationship between the spouses, whether they have common children, agreement on the division of jointly acquired property and other factors, divorce can be carried out in one of two ways - through the registry office or through the court. The latter also involves visiting the registry office to register the court decision in the deed book and obtain a divorce certificate.

• The Family Code of the Russian Federation provides for divorce in a simplified form . If the husband and wife do not want to live together, do not have children, or their offspring have reached their 18th birthday, applications from the spouses will be accepted by employees of the civil registry office (part 1 of article 19 of the RF IC).
• One of the spouses can simplify the divorce even if the family has a common child, but the consent of the other half cannot be achieved. It is possible to dissolve a marriage through the registry office without confirmation of a spouse who has been declared incompetent, missing, or imprisoned (Part 2 of Article 19 of the RF IC).
• In all other cases, you will have to file a claim and the required documents in court , using a longer and more labor-intensive procedure. Circumstances forcing such actions will be the presence of common children , disputes over their place of residence, lack of consent of one of the couple for divorce or division of common property (Article 21, Article 22 of the RF IC).

If the spouses who want a divorce and are raising a child have no disagreements, the court will quickly divorce them without clarifying the reasons (Article 23 of the RF IC).

Documents for divorce through the registry office

The easiest way to file a divorce is if both parties want it and they have no children. The package of documents in this case is also minimal. After submitting the application, a month will pass before the registry office employee makes an entry in the deed book about the divorce.

List of documents

1. Joint application of the spouses for divorce according to Form No. 9.

If one of the spouses cannot personally visit the civil registry office on the day of filing the application, he must fill out an application in Form No. 10 and the signature on it notarized

2. The signature of one of the spouses is sufficient if the option of unilateral divorce provided by law through the civil registry office is used (Form No. 11). Forms to fill out can be obtained at the place of application.
3. Passports of husband and wife or one of the spouses in case of divorce on the initiative of one of the parties.
4. Original marriage certificate.
5. A receipt indicating payment of the state duty.
6. If necessary, a document that is the basis for a unilateral divorce: a court decision that the citizen is missing, incapacitated, or in prison.

If documents are submitted to the registry office after the divorce took place by court decision, that is, to obtain a divorce certificate, then an extract from the court decision must be attached. In this case, the application for divorce must be submitted in the prescribed form No. 12.

Submission of documents

Spouses divorcing a marriage should take into account the following nuances:

• You must deliver the documents and sign the application in person . If, with the couple’s mutual consent to divorce, one of the spouses is unable to be present when submitting documents, he writes statements with a request to accept them and has it notarized;
• The online application service will help make divorce by mutual consent easier. Spouses must be registered on the State Services website. They need to fill out an application form (each in their own personal account), indicate the details of all necessary documents (passports, SNILS, marriage certificate), pay the state fee (can also be done online). The divorce will happen within a month.

Documents for divorce through court

The documents that need to be provided to the court are divided into mandatory and additional, which may be required under different circumstances of the case and in different regions. Before submitting an application, it is better for the interested party to clarify their list.

If the spouses have no disagreements regarding children, as well as property disputes (or the value of the divided property does not exceed 50,000 rubles), then they should contact the magistrates' court .

If spouses have disputes about children or share property worth more than 50,000 rubles, then documents must be submitted to the district court, and the paperwork process may be delayed .

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

1. Statement of claim requesting divorce. It can be drawn up in a more formal form if both spouses agree, or with a detailed indication of the reasons and circumstances if the initiative comes from one of them. The latter is necessary in order to convince the court to dissolve the marriage, because the judges will try to save it.
2. Original civil passports of the spouses (or only the plaintiff, if the desire for divorce is not mutual).
3. Copies of children's birth certificates (if there are children under age).
4. A certificate of family composition or an extract from the house register of the plaintiff (if the documents are filed with the court at his place of residence) or the defendant (respectively). In some regions it is not required. Sometimes it is necessary to provide extracts from the places of registration of both spouses; this point must be clarified directly in court.
5. Original marriage certificate .
6. Receipt for payment of state duty. Its amount will vary depending on the circumstances of the divorce.

If one of the spouses cannot attend the court hearing, but is ready to get a divorce, you must attach his statement of consent to the divorce . This will help speed up the divorce process.

You can find out more about the details of filing an application for divorce in court in our article

→ Statement of claim for divorce ←

When going to court, you should pay attention to the following nuances of filing documents:

• The party wanting a divorce should file a claim at the defendant’s place of residence .
• In some cases, it is possible to appeal to the local court of the region (city, district) in which the initiator of the process is registered. Among them:
  • residence of common minor children with the plaintiff;
  • a claim for alimony at the same time as the divorce request;
  • poor health of the person submitting the application.
• The magistrate's court will consider the claim if the spouses have an agreement with whom the children will live; the issue of dividing property is not considered, or it is assumed that property will be divided in an amount of up to 50 thousand rubles. Compliance with the totality of these conditions is mandatory.
• In other cases, the case will be considered by the district court .

You can find out which court it will be necessary to file an application in a particular case in the following article

→ Divorce through court ←

• You can submit documents to the secretariat not only in person, but also send them by mail or transfer them through a representative who has a power of attorney from the plaintiff for such actions.

Example. M. and N. got married after M. gave birth to a child from N. There was no information about the father on the baby’s birth certificate.

That is, it turns out that they have a common child, but formally in their marriage they do not have joint minor children. M. wants to get a divorce and demand alimony from the child’s father. In this case, you can do this. If the spouse agrees to the divorce, you should submit documents to the registry office (joint application, present your passports, bring the original marriage certificate).

If he does not agree, he will have to go to court.

Before filing a claim for child support, paternity must be established.

If the spouse does not admit that he is the child’s father, then paternity can be established by the court on the basis of genetic testing or other evidence.

Establishment of paternity can be done before the divorce (in which case the divorce will take place through a judicial authority) or after it (in this case the divorce can be quickly obtained through the registry office).

Alimony can be demanded only after the man is recognized as the father of the child. If paternity is established before the divorce, then a combined claim can be filed with the judicial authority - for divorce and alimony.

Conclusion

• Two authorities can divorce spouses: the civil registry office or the court (magistrate or district).
• To dissolve a marriage through the civil registry office by mutual agreement, you need a minimum of documents: an application, passports, a marriage certificate and a receipt for paid state duty.
• When filing a claim in court, the list of documents expands.
• You can also get a quick divorce through the court if the spouses have no mutual claims regarding the property and place of residence of the child. The judicial authority may request a written agreement governing the relationship between it and the parents.

Question answer

Question

I want to get a divorce. The wife has a marriage certificate, but she does not give it away. What should I do to receive a duplicate? Where can I get the details to pay the fee? Where should I submit documents if the child is not mine? I don’t live with my wife, she wants alimony for herself and her son.

Answer

Article 19 of the RF IC provides for divorce through an application to the registry office if the couple does not have children together and both agree to a divorce. Apparently, you will not be able to use this option if your spouse does not make contact.

You will still have to contact the registry office for a duplicate marriage certificate - it will not take much time and will not require large financial costs. Find out the details in court. Child support is not due if, according to the documents, the child is not yours.

Question

My husband took my documents (passport, wedding and birth certificates for my daughter). How to file for divorce if he doesn’t want to return them?

Answer

Judging by the fact that you have a conflict situation and have a child, you will have to go to court to get a divorce. But he will not accept the application without the documents you listed. Talk to your spouse, ask him to meet you halfway. Otherwise, you can write a statement to the police or district police officer, but this may have a detrimental effect on your husband.

You can do it differently: get a duplicate of the marriage certificate (you should contact the registry office), write a statement about the loss of your passport and get a new one. The main thing is not to point out the fact that the husband took the documents as the reason for the loss. To file a claim in court, you need a copy of the child's birth certificate. If you have it, you can do without the original.

What is needed for a divorce in the registry office and how to write an application for divorce

The divorce procedure through the registry office is the fastest and easiest way to dissolve a marriage between spouses. That's why it's the most popular.

Within a month after the spouses left the divorce papers at the registry office, they will be able to free themselves from family ties. The time frame for a divorce through the court can take a much longer time.

Does the registry office always cheat?

According to Article 19 of the Family Code of the Russian Federation, in the registry office, spouses can only dissolve their marriage in two cases:

• if the decision to break the bonds of marriage is mutual,
• if during marriage they did not have time to have common children.

In the same article of the RF IC, the legislator provides three more reasons when a marriage can be terminated in the registry office, and at the request of only one spouse:

• if the second spouse is declared dead or missing by a court decision,
• if he has lost his legal capacity, and this is confirmed by a court decision,
• if he is sentenced by a court to serve a real term of more than three years in a correctional institution for committing an unlawful act.

In all other cases, only a judge can dissolve the marriage after filing the appropriate statement of claim.

If between the spouses, despite mutual agreement to end the marriage, there are unresolved issues of a civil nature - most often these are disputes about joint property, then they will still have to be considered in court. To do this, after the divorce, you need to file a claim in the registry office with a magistrate or in a city or district court.

Which civil registry office should I contact?

Spouses will be able to submit documents for divorce at the registry office to one of the territorial departments of this body: at the place of registration of one or the other spouse or to the one where their union was previously registered. It’s all about the convenience and accessibility of the institution for those getting divorced.

Spouses can go and submit an application to the registry office for divorce as a couple, or separately. But it should become obvious to the specialists of this institution that the decision was made by them in concert. How to correctly draw up an application for divorce is described in detail in our article - https://divorceinfo.ru/2144-kak-pravilno-podat-zayavlenie-na-razvod

There are situations when one spouse is unable to appear for a divorce under any circumstances.

Then the legislator gives him the opportunity to write an application for divorce outside the registry office and submit it through the other spouse, or send it by mail.

But there is an important condition here: the signature of this absent spouse on the application must be endorsed by a notary. And if this spouse is in prison, then by the head of the corresponding correctional institution.

Not every reason for failure to appear for a divorce will be considered by the registry office employee as valid, but only the following and similar ones:

• due to a serious illness,
• due to being in military service,
• due to leaving on a long, long-distance business trip,
• due to living in inaccessible areas,
• due to serving a prison term.

How to file an application for divorce through the registry office

To divorce a marriage on the basis of Article 33 of the Federal Law “On Civil Status Acts”, by mutual consent of husband and wife, you need to fill out Form No. 8. It should indicate:

• Full name of both spouses,
• date of birth,
• Place of Birth,
• citizenship,
• nationality,
• residential address,
• passport details,
• information about a previously registered marriage,
• and also, what surnames will remain with the spouses after the divorce.

The application is signed by both spouses. Either everyone fills out and signs their own application, but they must be identical.

Form form No. 9

If you file an application for divorce without the presence of your husband, because... by court he was declared deprived of legal capacity, missing or sentenced to an actual term of imprisonment of more than three years, then you need to fill out form No. 9, in accordance with Article 34 of the Federal Law “On Acts of Civil Status”.

This form contains similar information about both spouses, as well as information about the relevant court decision. A copy of the decision must also be attached. If the husband is serving his duty in prison, then he should indicate where exactly. Then the applicant must indicate what surname she wishes to receive after the divorce and signs the application.

An application of form No. 10 in accordance with Article 35 of the above federal law is submitted to the registry office when the decision on divorce has already been made by the court; it only needs to be registered and a document on divorce is received. You can find a sample of any of these applications for divorce through the registry office at the end of our article.

If the application for divorce is drawn up correctly, the registry office specialist assigns it a registration number and sets the date and time of registration of the divorce, which is noted at the top of the form.

What documents are needed for divorce through the registry office?

To file for divorce, you must attach a certain package of documents.

During a divorce, the civil registry office will require each spouse to:

• an application of a certain sample (filled out jointly or separately);
• spouses' identity passport;
• original divorce certificate;
• receipt for payment of state duty.

State fee for divorce through the registry office for 2023 The state fee for state registration for divorce with mutual consent of the spouses is 650 rubles for each spouse.

If the application is submitted by one spouse in the presence of the above circumstances, then you will need to additionally attach:

• a court decision declaring a spouse to have lost legal capacity or missing;
• a court verdict according to which the second spouse is sentenced to serve a sentence in a prison camp.

When there is already a court decision on divorce, and you just need to register this fact, you need to bring to the registry office:

• passport;
• court decision on divorce.

Divorce procedure through the registry office

After the spouses have written a standard application form and brought documents for divorce to the registry office, they will be registered, assigned a serial number, and recorded in the book of deeds. They will also set a specific time when you can come for a ready-made decision and a document confirming the divorce - a certificate.

State registration of divorce occurs one month after filing an application for divorce.

The legislator established a one-month period between these two appearances at the registry office. It is given to spouses in order to once again think about their decision to divorce, to weigh the pros and cons.

If an application for divorce has been filed by one of the spouses, the civil registry office must notify the second spouse or his legal representative about this within a three-day period.

He has the right not to agree to a divorce, then this problem will have to be resolved through the court.

On the same day after submitting an application to the registry office, you can register a divorce and receive a certificate in your hands when the marriage has already been dissolved by the court, and there is a decision about this.

• We invite you to download and familiarize yourself with:
  Download the application form for divorce (form No. 8)
  Download the sample application for divorce (form No. 8)
• Download the application form for divorce (form No. 9)
  Download the sample application for divorce (form No. 9)
• Download the application form for divorce (form No. 10)
  Download the sample application for divorce (form No. 10)