Couples are interested in: which registry office can you divorce if their relationship has reached a point of no return? When you can’t glue anything, establish old relationships, love is gone, there are only scandals and misunderstandings, the decision comes to fill the gap in the legal order. You can go to the institution and conclude another act of civil status if the conditions correspond to such actions. It is necessary to find out who can safely leave the law without litigation.
Legislative regulation of the RF IC
Law and law are at the forefront of any relationship between citizens. Marriage, as well as file a divorce through the registry office, can only be in accordance with legal regulations. The conduct of such processes is regulated by 2 codes of the Russian Federation - Family and Civil.
In the RF IC, chapter 4 governs:
- article 16 - termination of marriage for justifiable reasons;
- the determination of the authority for the application is approved in Article 18;
- Articles 19, 21, 22, 23 discuss cases of divorce and the procedure for conducting them in accordance with the subjective features of the procedure;
- legal termination of marriage is provided for in article 25;
- restoration of marriage ties is discussed in article 26.
There are special circumstances in family law legislation, no matter how serious the allegations are, they are closely related to the Civil Code.
What is the Civil Code of the Russian Federation considering?
The norms of the Civil Code act in conjunction with the IC of the Russian Federation:
- Articles 17, 18, 21, 29 of the Civil Code of the Russian Federation clearly describe civil rights and cases of recognition of legal capacity.
- Articles 42, 43, 45 indicate the reasons for declaring a death or missing.
- Civil acts are listed in article 47.
- When property is considered common, article 256 regulates.
If you carefully read the legislative provisions, it becomes clear that for each procedure specific to a particular person, divorce, or divorce, there is a rule of law.
Why choose a registry office for a divorce?
Without a court and a lengthy process, termination of marriage is allowed to citizens who are not bound by anything other than a stamp in their passports.
Employees of the institution where they register any change or formation of a person’s civil status will accept the statement without objection, but will give time for reflection if:
- the family does not have joint property;
- not increased by the birth of children;
- the husband fully agrees with his wife that they can no longer continue the formal relationship.
It follows that in the beginning the couple does not need to think about which registry office they can divorce, but to find out if the reason for the collapse of their cell is suitable for a civilized and peaceful settlement of the issue.
Basic requirements for parting without a trial
The simplest option in the design of relations is a preliminary agreement between previously close people. Mutual consent is one of the conditions that the institution puts forward. You do not need to choose through which registry office you can divorce, submit an application to the nearest authority at the place of registration of one of the spouses, if by this time they had time to leave, live in different apartments.
Such a procedure is possible provided that:
- The family does not argue about the joint property acquired in marriage and valued above 50,000 rubles.
- No children or they are 18 years old. It should be noted that emancipated citizens can be recognized as adults of this age if they earn their own money and start their own family.
An obstacle to divorce can only be a joint native or adopted child. If the family was formed when one of the spouses had children born in other marriages, they remain with their parents without trial in court.
Divorce through a registry office - procedure and conditions for divorce
Even if the spouses voluntarily came to the institution, previously agreed that they would not make claims to each other - they would not be divorced on the same day. Before registration, they give thought to the decision that has been made, while divorcing, you also need to wait a month with the paperwork: suddenly things change, the couple reconcile, and divorce is just an impulsive reaction to a quarrel?
When the spouses have decided which registry office to divorce, they will find out his work schedule and agree on a time for a meeting.
For the procedure you will need the following:
- write a general statement, the form will be issued by employees of the institution;
- identity cards;
- certificate of marriage.
The application contains columns for mandatory completion:
- passport details of both spouses;
- names, dates of birth and place of registration;
- marriage certificate data;
- indicate that there are no children born and adopted in marriage, nor are there any disputed property;
- choose a surname;
- sign the document and set the date of its preparation.
The application is accompanied by:
- receipt of payment of state duty;
- copies of documents on which information was filled.
After checking, accepting an application, the question of which registry office you can get a divorce from is left, you just have to visit it again after a month to get documentary evidence of complete freedom from burdensome family ties. A divorce certificate is received at any time convenient for the ex-spouses, from that moment they can act separately.
When is a second-party opinion required?
Life circumstances sometimes develop in such a way that the law gives citizens the right to terminate their marriage without the obligatory presence of both parties.
A divorce through the registry office with the procedure of registration by one of the spouses occurs in the following cases:
- there is a court ruling on the conviction and imprisonment of a husband or wife for criminal acts of 3 years or more;
- a death certificate is attached to the application;
- the court recognized the incapacity of one of the divorced;
- the court determined the reason for the absence of the participant in the divorce proceedings as missing;
- the case has been examined in court and a decision has been made, the verdict will be an annex to the application.
Not everyone needs to come to the institution to submit an application when there is no such possibility, but it is necessary to transfer the consent certified by a notary so that the other spouse does not have problems with a divorce. Documents are also accepted from convicts; their certification takes place in the prison administration.
What to do if family members live in different regions?
What should a husband or wife do if they have not lived together for a long time, the time has come for another design of marriage ties, but the old relationship is in the way? The question arises as to which registry office to file for divorce if the person is at work and the company is located far from the place of permanent residence. There is a solution, you can agree by phone to file an application on the other hand, send your written consent, and to guarantee, attach a receipt to pay the amount to the state treasury.
The catch is that that person may not be interested in breaking up relationships and hope for family reunion. When there are no legal obstacles, you will need to come to the locality where the registration of the place of residence is registered and submit an application there.
What is the way out if one of the spouses refuses to divorce?
If the other half does not send consent, they will have to terminate in court. The registry office is not entitled to coercion to action. A judge may divorce in absentia if one of the members is absent from the divorce proceedings without explanation.
The procedure is lengthy, time is given for reconciliation, but the result will be in favor of the plaintiff if there are such explanations:
- no common economy;
- separate accommodation;
- lack of written complaints against the applicant.
The party that needs a divorce file a lawsuit with the legal authority, it is possible that the meeting will be postponed up to 3 times due to failure to appear.
As a result, after all circumstances are clarified, the judge makes:
- satisfaction of requirements to interested parties;
- denies a lawsuit;
- postpones the resolution of the issue, giving time for reconciliation.
The court always tries to reach a peace agreement on controversial issues, and if children are present, the decision will be subject to the interests of minor citizens.
Who is waiting for the refusal?
Details of the cases in which it is possible to divorce through the registry office are considered, but they do not always reach the divorce of a man, if such a will comes only from them.
Husbands are denied divorce proceedings even through a court if there are such reasons:
- joint children under the age of one year;
- wife is pregnant.
The judge, first of all, takes the side of still unborn or young citizens, while providing the right to choose the mother. No explanations are required from the fathers, the solution is unequivocal - refusal of divorce.
The registry office allows you to legally carry out a divorce:
- without scandals and disputes;
- employees do not need reasons, motives and evidence;
- the terms provided for by the law on divorce are retained.
When the spouses reconcile during the time allotted for reflection, they are allowed to withdraw the application without consequences, they will only lose the money contributed to the state treasury. During this time, a spouse may appear who is found missing or to whom a sentence has been erroneously passed, the person has been rehabilitated, then it is necessary to obtain consent for a divorce from him.