Every day, people create families and destroy them. The wedding is considered a priori a joyful event. Even teenagers know about how to get married. Many marriages end in divorce. Unfortunately, more and more often this is how many family conflicts are resolved. How to divorce? The state duty for this operation will be in 2018 what amount? What difficulties do couples face when trying to end an officially registered relationship? We will try to answer all these questions further. In fact, with proper and timely preparation, you can break off marital relations with minimal problems. In some cases, the process is carried out without any difficulties at all.
Who serves
Need to divorce? The state duty for this operation may be different. But we'll talk about this later. First, consider the legislative nuances of the procedure.
Who can file for a divorce? In Russia, this is most often done by both spouses. You can ask for help unilaterally. Then the application for divorce is submitted by the husband or wife.
If, for one reason or another, one of the parties cannot attend the application, it is permitted to issue a power of attorney in the established form or to send a representative to carry out the task.
Third parties cannot initiate a divorce. Only the husband, wife or their representatives are able to start the process.
Where to go
Are you planning a divorce? The state duty for this operation is charged different. It all depends on the method of termination of official relations.
Divorce can be carried out in different bodies. For instance:
- Through the registry office.
- Through the MFC.
- Judicially.
Recently, citizens in Russia are increasingly receiving a variety of services remotely. To do this, you will have to use a service called "Government Services". Only a similar scenario is not available to everyone. It will have to be prepared in advance.
Unilateral order
How much is the state duty for divorce in Russia at the moment? If we are talking about unilateral actions, how much will you have to pay for the process? The answer to this question will be discussed in detail below. Documents to be prepared will also be listed.
When can a person apply to these bodies to dissolve a marriage? This is possible if:
- Husband or wife was sentenced to 3 years or more.
- The place where the second half lives is unknown.
- One of the spouses was recognized legally incompetent.
- The other half avoids going to court to continue the divorce operation.
Another option is a visit to the registration authority with a power of attorney for a divorce. This technique is extremely rare, so we will not focus on it.
When they go to court
Are you planning a divorce? The state duty for the procedure conducted through the court consists of several payments. Namely:
- Filing a claim - 600 rubles (charged to the plaintiff).
- Registration of a certificate of divorce - 650 rubles.
Accordingly, the spouse going to court will have to pay 1250 rubles. The defendant will need to pay only 650 rubles for a copy of the divorce certificate from the registry office.
When is it necessary to apply to the court for an appropriate operation? This must be done if:
- Spouse does not agree to break.
- The couple has common minor children.
- There are property disputes.
The registry offices are contacted in the absence of children, any conflicts and common property. This is the simplest scenario.
Which courts will help
Many are interested in not only the state duty for divorce in court. Couples often think about which judicial authorities to file for a divorce. There is no definite answer to this question.
Today there are such alignments:
- Magistrate's Court. This is where applications are filed in the absence of disputes and common children.
- District Court. Divorce in these bodies is carried out when it is necessary to carry out a division of property or determine the place of residence of children / the procedure for communication with parents / assign alimony.
There are no more options for the development of events. Increasingly, citizens go to district courts to divorce. State duties for this operation were presented to attention earlier. Payments are relevant in 2018. Payments may change over time.
The procedure for divorce through the registry office
How to apply for a divorce? The state duty for such an operation is paid in advance. Only a divorce certificate is paid shortly before its manufacture.
How to get a divorce through the registry office? This is the simplest scenario. To cope with the task, you will need:
- Prepare some certificates necessary for the successful receipt of the service.
- Pay a fee for upcoming service.
- Fill out the application for divorce and submit it to the registry office at the place of registration of one of the spouses.
- Wait 1 month. This time is given to consider the solution.
- Take your copy of the divorce certificate a month after applying to the registry office with a petition and documents.
Fast, easy and very convenient. In real life, this approach is becoming less common. Therefore, it is worth focusing on the judicial procedure for breaking the marriage union.
Appeal to the court: instruction
How much is the divorce rate? The Tax Code of the Russian Federation indicates that you will have to give 650 rubles for a divorce through the registry office. Payment for a lawsuit in the established form will cost another 600 rubles.
How to arrange a divorce through the judiciary? To do this, it is recommended:
- Write a lawsuit about the initiation of divorce proceedings.
- Prepare some help packages to bring your ideas to life.
- To apply to the court at the place of registration of the defendant with a petition.
- Wait for the hearing. Will have to participate in the judicial debate. The outcome of the operation will depend on them.
- Get a court order in your hands and hold an order for divorce in the established form at the registry office.
That sounds easy. Only in fact, during the trial, citizens are faced with various problems and troubles. For example, with difficulties in determining the place of residence of children.
Important: in Russia, courts most often leave minors with their mothers. Fathers are assigned alimony payments and establish procedures for communicating with their children.
Divorce Limitations
The state duty for divorce was presented earlier. Next, we will try to figure out how to properly prepare for this operation.
To begin with, there are some restrictions on divorce in Russia. A man cannot divorce his wife if she is pregnant or gave birth less than a year ago. This should be remembered by every modern citizen.
To conduct a divorce proceedings in these cases, the initiator must be a woman. A pregnant or newly-born girl has the right to divorce her spouse through court.
There are no more options for the development of events. The state duty to the registry office for divorce and to the court under similar circumstances will be paid by the plaintiff. In our case, a pregnant or recently become a mother.
Important: children will be left with the woman. It is not worth worrying about determining the place of residence of newborns.
If you avoid sitting
Some believe that during the divorce proceedings through the court, you can not attend meetings. Allegedly, without a personal visit of both parties to the judicial authority, a divorce will not take place. Is this statement true?
Not. At present, the "rule of three absenteeism" is in effect in Russia. If a person has not come to court three times to terminate a marriage without good reason, the procedure will be carried out unilaterally. This is a very common occurrence.
It follows that there is no need to avoid a court hearing on the dissolution of a marriage. This action will simply slow down the procedure.
Documents for the registry office
Are you planning a divorce through a registry office? The state duty in this case is paid immediately before submitting the application of the established form to the registration authority.
What should i bring with me? Typically, a package of documents consists of:
- Statements of the established form.
- State duty receipts.
- Passports of husband and wife.
- State marriage certificates.
An application for an operation is usually filled out directly by the registering authorities based on the certificates brought. In this case, it will be enough for husband and wife to study the correctness of the information and sign on special forms.
Additional information for the registry office
Are you planning a divorce in the registry office? The state duty for such an operation is paid to the treasury of the Russian Federation in advance. Without this step, the application will not be considered. No one is exempted from payment.
The main package of extracts for the registry office we studied. In addition, the following documents may be useful to applicants:
- A power of attorney for a divorce unilaterally.
- Any evidence indicating that there is good reason for the absence of a second spouse.
- Marriage contract (if any).
- Divorce ruling.
In the latter case, the registry office simply registers a new state. This body does not make a decision on the divorce proceedings. Similar conclusions remain on the "shoulders" of the courts.
Basic papers for the court
State fees for registration of divorce were submitted earlier. A huge role in the divorce proceedings is played by the list of prepared certificates for the operation.
Usually, to terminate a marriage in a court of law, you need to bring:
- Identity of the plaintiff (passport).
- Marriage certificate.
- A statement of claim with a detailed description of what is happening in the family.
- Marriage contract (if any).
- A copy of the defendant’s passport.
- Statements of USRN.
- Title documents for common real estate.
But that is not all. When it comes to divorcing couples with children, you need to prepare additional statements.
Divorce and children
Payment of state duty for divorce in case of divorce in the presence of children is made only after the hearing. Namely, during the appeal to the registry office with a court order.
Divorce in the presence of minors involves serious paperwork. It is required so that the judge can determine with whom the children will be better in the end - with mom or dad.
In Russia, often the upcoming paperwork is a formality, because, as already mentioned, judges often leave children with their mothers. This is a normal occurrence.
To start a divorce proceedings in court, the plaintiff requires:
- Mandatory help package (from the list above).
- Statements of income.
- Characteristics from places of work / study.
- Birth certificates of children.
- Any extract confirming the relationship of children with mom / dad.
- Conclusions from psychiatrists and narcologists.
- Any material proving the deviant behavior of a husband or wife.
- Witness's testimonies.
- Materials (photos, videos, correspondence and so on) that can confirm the integrity of the parent.
- Certificates confirming that a citizen has a separate housing.
- Extracts on the composition of the families of the parties.
- A check for the payment of a fee for a claim.
In addition, the conclusions of children's psychologists can also be useful. Typically, such papers are issued for children under 10 years old. The characteristic helps to understand to whom the child is more attached.
Inquiries about the beatings and other materials confirming the commission of crimes by one or another party to the divorce will help to attract the judge. Witnesses also often play a decisive role in determining where children live.
Despite this, judges most often leave children with their mothers. If minors categorically do not want to live with one parent or another, the court must take this into account.
Important: children over 10 years old will be interviewed in court in the presence of guardianship authorities.
After the trial
Within 10 days after the filing of the divorce, the judge will schedule a meeting. It, as already mentioned, will help to make one or another decision.
Unfortunately, instantly couples do not breed, even if there are no children and mutual complaints. On average, they give 2-3 months for reconciliation. In some cases, judicial debate takes half a year or a year. Most often, in the end, a divorce will take place.
The parties will be given a court order to terminate the marriage. What's next? Now this state must be registered in the registry office. The state duty of divorce in this case will be paid in the amount of 350 rubles for 1 copy of the certificate.
By the time of the visit to the registry office, the parties need to prepare:
- Judgment of divorce.
- Application for the issuance of a certificate of termination of marriage.
- Certificate of marriage.
- Identity card of the applicant.
That should be enough. After some time (usually you have to wait 1-2 days), a person will be given a divorce certificate. The state duty for receiving this extract was presented to attention earlier. Bank details for payment can be taken directly at the registry office.
Government Services and Divorce
The state duty for divorce through the State Services is paid in a few clicks. Moreover, a person will be able to get a 30% discount on the corresponding payment.
How to file for divorce through the State Services? To do this, you need:
- Register on the portal and confirm the account.
- Log in to the site with your username and password.
- Open the "Family" category in the catalog of available options.
- Find the "Divorce" item and click on the "Receive" button.
- Fill out an application in electronic form and choose a registry office for a final visit.
- Make a fee. The option will become available after consideration of the application.
- Come to the registry office at the invitation and pick up the certificate of the established form.
It is not hard to guess that applicants usually use this technique for divorce without trial. It’s better to go to the judiciary in person. This step greatly speeds up the process.
Conclusion
It is now clear how divorce is carried out. The state duty for this operation, the procedure and a list of necessary certificates for the implementation of the task were presented to your attention.
As practice shows, the presence of children during a divorce causes a lot of problems. Keep in mind that as long as kinship with parents is not proven, you cannot sue child support.