Divorce is a procedure families face when they are ready to break up. Husband and wife may want to break off family relationships. And according to the rules in force in Russia, there are no prohibitions on this issue. You can get a divorce by law at almost any time. The procedure can be done in different ways. The easiest way is to contact the registry office. Usually this approach is considered to be the fastest, only it is not always available. Which registry office to file for divorce? How to do it right? To understand all this and not only for us to come.
When is surgery possible?
What do you need for a divorce in the registry office? The first step is to find out under what circumstances a divorce is possible in the said body. As already mentioned, the procedure is not always carried out in the registry offices. Sometimes you need to go to magistrates or district courts.
The registry office is bred if:
- spouses have no property disputes (in the presence of a marriage contract, including);
- there are no small children in the cell of society;
- husband and wife are not against divorce.
In addition, the registry office conducts the study operation, if:
- on hand there is a judicial decision on divorce;
- one of the parties is missing or declared dead;
- the husband or wife is declared legally incompetent;
- a citizen was convicted and sent to prison for a long time (from 3 years or longer).
In other cases, you must go to the district or world court. Which registry office to file for divorce? The answer to this question will be given below.
Choose an organization
It is important to take into account the fact that today in Russia it is not at all necessary to go to the registry office and file a petition there directly. There are various options for the development of events. Which ones?
You can bring the prepared certificates and the application for the start of the divorce proceedings (with the exception of the courts):
- at the MFC;
- single window services;
- through the organization "My Documents" (including mobile points of service for the population).
How to quickly file a divorce through the registry office? The application can be submitted to the registration authority without leaving home. To do this, you will need to register at the "State Services". We will talk about this scenario later.
Which registry office
So which registry office to file for divorce? There is no definite answer to this question. It all depends on life circumstances.
If the spouses are registered at the same address, they will have to contact the registry office of the district in which they are registered. This is quite normal.
But what if the spouses are registered in different places, but in fact they live in the same apartment? Then you can contact the registry office, which is convenient. For example, by registering a husband or wife.
The algorithm of actions will not differ in any way. Next, we consider in more detail the divorce process.
Important: in some wedding palaces, too, bred. This information must be specified in each region separately.
Where was the wedding
Another important point that not everyone knows about. Thinking about which registry office to file for divorce, some people decide to send a petition to the place of registration of marriage. Can this be done?
Yes, the legislation of the Russian Federation allows you to apply to the registration authorities not only at the place of registration of one of the spouses, but also to the registry office, in which the registration of the company’s cell was carried out. This is not the most common, but possible phenomenon.
Service cost
What do you need for a divorce in the registry office? It is worth immediately paying attention to the fact that marriage registration and its dissolution require certain costs. The cost of a divorce depends on how exactly the divorce occurs.
If the process is carried out by mutual agreement, the spouses will have to pay 650 rubles for the operation. When you issue a certificate of divorce at the registry office through the courts, you must pay 350 rubles. Fees are charged to each spouse.
This state duty is paid without fail. Otherwise, the application will not be accepted at the registration authority. Failure will be completely legal.
Brief instruction
Applying for a divorce in a registry office without children and property disputes is easy. Just follow the instructions below.
The step-by-step process of termination of marriage through the registry office is presented as follows:
- To discuss with the spouse the nuances of divorce. At this stage, you can conclude a marriage contract or agreement on the division of common property.
- Form a package of documentation for the implementation of ideas. We will talk about him later.
- Choose a place where to apply. For example, in the district MFC or registry office.
- Fill out the request in the established form. Forms are taken at the registry offices, at the International Financial Center or at the State Services portal.
- Pay state duty for the operation. It is recommended to do this in advance in order to expedite the operation.
- Contact your chosen registration authority with your spouse. If the petition for divorce has not yet been completed, the staff of the MFC or the registry office will help to cope with this task. Typically, the parties can only verify the correctness of the data and sign in specially designated places.
- Pick up the divorce certificate at the appointed time. Each spouse will receive a separate copy of the document.
That's all. In fact, everything is not as difficult as it seems. Especially if both spouses agree to the procedure. The absence of common children greatly simplifies the entire operation.
The main package of documents
What documents are needed for a divorce through a registry office? The list of required papers varies. It directly depends on the circumstances in which the divorce process occurs. Let's start with the standard scenario - when the husband and wife are simply ready to separate. There are no children, no one has been convicted or recognized as legally incompetent.
In this case, the following papers will come in handy:
- identification documents of the parties;
- Marriage certificate;
- joint statement of divorce;
- check with paid duty.
That's all. Nothing more is needed. It is advisable to have a confirmation of registration with you. As a rule, such information is written in a person’s civil passport.
Non-standard situations
Sometimes in the registry office at the place of registration of the husband / wife, you have to bring additional certificates. Usually this happens if the divorce proceedings began and ended in court, and the registration authority only draws up a certificate of the established form. Or if there are additional reasons for registering a divorce through the registry office. Say, when one of the spouses is declared legally incompetent.
What documents are needed for a divorce through a registry office? Additionally, the applicant may be required to:
- court decision declaring the second party legally incompetent;
- a court order stating that the spouse was "imprisoned" for 3 years or more;
- certificates from the court of divorce (+ birth certificates of children).
But that is not all. We found out in which registry office to file a divorce. But what if the husband / wife agrees to divorce, but cannot attend the procedure?
Without the presence of a second party
In this case, you will have to prepare for the operation in advance. The procedure for divorce through the registry office by mutual agreement will be slightly different from the previously proposed instructions. What exactly?
A person who does not want / cannot go to the registry office needs to write and assure consent to a divorce. This is done by a notary public. The received document is attached to the application of the established form by the second spouse.
Important: it is recommended to additionally attach any certificates that help to prove the validity of the reason for the absence of a "second side". For example, medical reports.
The rest of the procedure is carried out according to the previously described principles. But this is not the best solution. Often, registry office employees require good reason for not having a second spouse to file for a divorce. All this has to be documented.
Terms of service
Want to get a divorce through the registry office? What is needed for this in this or that case, we found out. And how long will the application be considered?
A divorce application is considered a month. It is after this time that the couple will be able to come to the registry office and pick up their copies of the divorce certificates there. A shorter period is not provided by law.
Important: if you go to court to terminate the marriage, the procedure may be delayed. In the presence of children, the couple is not bred for about 3-6 months. It all depends on the presence of disputes between husband and wife during surgery.
We appeal through "State services"
We figured out how to get a divorce through the registry office. It is not difficult to do this. But the considered example is relevant for personal appeal to the registering authority. How to submit a request remotely?
To do this, you need to contact the help of the State Services portal. Here, one of the spouses must register and confirm their identity.
Further, the algorithm of actions is reduced to the following manipulations:
- Go to gosuslugi.ru and log in to your profile.
- Open the "Service Catalog" block.
- In the search bar, write "Filing for divorce."
- Select the desired search result.
- Click on the inscription "Get the service."
- Fill out the application in electronic form. To do this, it is enough to carefully study the form and tips near the fields.
- Choose a registry office in which you want to send a petition. This option is not available in all regions.
- Click on the "Submit Request" button.
- Pay state duty. On the State Services website, the option becomes available after the application is considered.
It is done. Now it remains only to wait for the invitation to the registration authority, come there with pre-prepared documents and pick up your copy of the divorce certificate.
Important: when contacting the registration authorities through the "State Services", the application review period does not change. The application is considered a month from the date of filing.
Divorce certificate
We found out how to get a divorce through the registry office in Russia. What data will be displayed in the certificate of divorce after the implementation of the task?
To date, the document says:
- date of divorce;
- Registry office in which the procedure was carried out;
- F. I. O. of the parties;
- surnames that are assigned to the husband and wife after the divorce;
- divorce record number;
- registration information.
There is no more information in the documentation. Here you can not see the reason for the divorce and the presence of spouses of children. The form of a divorce certificate is always issued the same, regardless of the method of registration of divorce.
What is written in the statement
A few words about what data should be written in the application for divorce. Not everyone understands this moment.
As a rule, the application is filled out by the registry office staff, and the parties are left to verify the information and sign the application. If the husband and wife decided to fill out the form themselves, they need to write in it:
- your passport data;
- information on registration (registration);
- F. I. O. of the parties;
- surnames that are assigned after the collapse of the family;
- date of appeal;
- signature and its decoding.
In reality, everything is much simpler than it seems. Now it’s clear how to behave in a particular case.
Conclusion
We found out how you can quickly get a divorce in Russia. The described instructions really help to break family relationships in the shortest possible time. These are the fastest scenarios.
Divorce, if necessary, can be done through court. They usually go there if:
- someone disagrees with the divorce;
- there are property disputes;
- in the presence of common minor children.
If the children are 18 years old, you can safely get a divorce. The same applies to cases where a family has a child from a previous marriage - until he is adopted, a divorce will be carried out in the registry office without any problems.
As practice shows, through registry offices are dispersing less and less. Spouses have property disputes and questions regarding alimony and the procedure for communication / determination of the place of residence of children.
Important: at the moment in Russia they are thinking about allowing a divorce through the registry office in the presence of young children, if mom and dad have no dispute as to who the babies will stay with. So far, these are only plans that are not implemented.
From now on, everyone will be able to arrange a divorce through the registry office and not only. If you do not take into account property disputes and the "sharing" of children, there should not be any problems with the idea.