Divorce is always a difficult period in the life of both spouses, which you want to survive as quickly as possible. It involves solving a large number of legal issues, and it is best if the spouses choose a divorce procedure through the registry office. Without children, it becomes as simplified and fast as possible. However, it also has many pitfalls, the material of our article will help to avoid them. From it you will learn how the divorce procedure is carried out through the registry office without children in Russia, as well as all the legal and practical subtleties of the process.
Official Divorce: Legal Term
Often, realizing that cohabitation is simply not possible, spouses simply travel to different apartments or even cities. For them, the issue of the future has already been resolved, but this is not a divorce at the legislative level.
Interestingly, the term “divorce” is not legal; family law refers to divorce. However, spouses almost always use the capacious word "divorce", which means the termination of cohabitation and conducting a common household. The marriage ends only after receiving the relevant papers or as a result of the death of one of the spouses. But even in the latter case, it is necessary to obtain a number of documents confirming the fact that the marriage is no longer valid.
In the case when the family is without children, the divorce procedure through the registry office is the best way out of this situation. But far from the only one. We will tell you about the procedure for divorce .
Registry office or court: decide how best
Situations leading to divorce are various. Therefore, the divorce procedure itself is carried out in various government institutions.
Let's assume that one of the spouses decided to end the relationship, and the second can not come to terms with this, therefore, does not want a divorce. In this situation, only the court will help, he will analyze all the nuances of the case and make a decision that both husband and wife will have to put up with. Also, divorce is held in court in the presence of property disputes, debt obligations and young children. Keep in mind that even when spouses agree to divorce and have no complaints against each other, the presence of minor children will force them to file a lawsuit with the justice of the peace. Otherwise, the marriage will not succeed.
Through the registry office, the procedure for registering a divorce (without children) takes place in a simplified form. But in this case, the spouses should not have any property disputes and both sign an agreement to end the marriage.
Reasons to file a divorce through the registry office
Almost everyone knows that if a family is without children, a divorce procedure through a registry office is possible. However, there are several other reasons that allow you to officially terminate marital ties in this institution:
• mutual consent to divorce;
• lack of questions on the division of property;
• one of the spouses was found missing or died;
• Spouse is in custody for more than three years;
• the failure of one of the partners, established in an official manner.
All these reasons greatly facilitate the dissolution of the marriage, but we are concerned precisely with the design of the divorce procedure through the registry office without children. We will now discuss this subject in more detail.
Divorce procedure through the registry office without children without the consent of one of the spouses: is this possible
We have already mentioned more than once that one of the indispensable conditions for dissolution of marital ties without the involvement of the judiciary is the consent of both partners. It is confirmed by the arrival in the registry office and the joint filling of documents. Also, at the appointed time, both spouses must come in order to receive documents that indicate that their marriage is officially divorced. If someone does not appear in the registry office without a good reason, then the consideration of the case is postponed indefinitely.
Many women are interested in whether it is possible to draw up all the papers without the knowledge of their second half. In this case, the law provided for several options that we have already voiced in the last section of the article:
• incapacity;
• imprisonment for a term of more than three years;
• recognition of the spouse as missing.
In any of these cases, a partner who has expressed a desire to divorce may apply to the registry office in the prescribed manner with all the necessary supporting documents.
How is a divorce procedure conducted through a registry office without children: stages
Even the most experienced people get lost when it comes to divorce, and commit a lot of unnecessary actions. Emotions do not allow spouses to concentrate and calmly proceed with the collection of documents necessary for the dissolution of marriage ties. We decided to consider this process in stages:
• selection of a registry office;
• filling out an application;
• collection and submission of necessary documents;
• drawing up a marriage contract (if necessary);
• registration of a divorce.
So, let's pay attention to each of these steps.
REGISTRY OFFICE: where to file documents
It is best to apply from both spouses to the registry office where the marriage was registered. This greatly simplifies the process for employees who will consider the collected package of documents.
Sometimes the ex-husband and wife travel to different cities, so you can apply at any registry office at the location of one of the spouses. In such cases, a package of documents can be collected separately by husband and wife and submitted simultaneously to the relevant authorities in different localities.
Keep in mind that there are currently three ways to submit an application to the registry office. Most people go and solve all paper issues personally, this, according to opinion polls, is more common for Russians.
Some people prefer to file for divorce through a public services portal. But this is only possible if one of the spouses is already registered on it.
In open multifunctional centers, you can also solve all problems with the application. The center staff will help you fill it out and pass it on to the relevant registry office.
Statement: jointly or singly
Since a divorce through a registry office implies a mutual decision of both spouses, then they must fill out an application together. But in the event of a sudden business trip or a serious illness of one of the partners, the execution of an officially certified notarized power of attorney is allowed. It is with this document that you must come to the registry office.
In the application, pay attention to the correct filling of all columns: personal and passport details, address of registration and residence, number of the document on marriage. Be sure to include the last name you want to leave after the divorce. At the end of the application is the date and signature of the applicants.
Keep in mind that government employees are never interested in a reason for divorce. This is important only in litigation.
Documents: collection
So, you are waiting for a divorce procedure through a registry office without children. What is required in this situation, besides the statement?
I would like to note that in order to break the marriage bond, you will need a minimum package of documents:
• Originals of Russian passports of both spouses;
• marriage certificate (it will be withdrawn after the registration of a divorce);
• extract from the home book (this will make sure that the spouses do not have common children);
• check on payment of state duty.
Do not forget the notarized power of attorney if your half can not come to the registry office in person. Without it, even a correctly compiled package of documents will not be accepted by employees of a state institution.
Marriage contract
This phenomenon has not become familiar in Russian reality. However, in the event of termination of the marriage through the registry office, which involves the absence of material claims, the former spouses in the future may experience various troubles.
There are cases when, before the direct registration of the termination of marriage, the husband and wife came to some verbal agreements regarding the acquired property and debts. But after receiving the coveted stamp, one of the spouses refused his words, and there was no way to prove the agreement in the future.
Therefore, try to protect yourself and conclude a contract in which list all property issues. This will guarantee a peaceful separation and good relations.
National tax
Surprisingly, the issue of paying the duty is always the most painful among our citizens. They are often confused in the amounts and their purpose. In fact, in the case of divorce, everything is quite simple:
• six hundred and fifty rubles each partner pays before submitting an application;
• the same amount must be paid by everyone for a divorce certificate and stamped passport;
• one of the spouses pays three hundred and fifty rubles, submitting the application unilaterally in cases established by law.
Do not forget that the fee can only be paid at Sberbank branches.
The final stage
In the divorce procedure through the registry office (without children), the waiting time is limited to one month. Accepting documents, employees of state institutions set a date when the process of registration of termination of marriage ties is completed.
At this time, both spouses must come and once again confirm their consent to divorce. The registry office will record this consent and issue official forms confirming the termination of marriage. From this moment on, ex-husband and wife are considered free and have the right to build new relationships.
Interestingly, in many former Soviet republics, a similar procedure for divorce through a registry office without children. In Belarus, for example, family law also provides for the possibility of termination of a marriage without legal action.
Any divorce is a very difficult moment, but in many cases it is he who is the door to a new and, possibly, happy life. Be focused and only make informed decisions so that you do not regret your actions in the future.