Divorce certificate: basic information

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Legal center PRAVO LEG, existing since 1996, offers a wide range of legal assistance in the field of family law. In particular, the lawyers of the PRAVO LEG center provide services on divorce, division of property, determining the place of residence of children, and collecting alimony in court.

Where to go: to the registry office or to the court?

Marriages on the territory of the Russian Federation are registered by civil registry offices. In the usual manner, an application for divorce is also submitted to the registry office. However, the law provides for cases when divorce in the usual manner is impossible. Such situations include:

1. There is no application for divorce from both spouses. If one of the spouses does not want to voluntarily file a divorce, or the location of the second spouse is unknown, or the spouse has been sentenced to more than three years and is serving a sentence, then it is necessary to go to court.
2. Having a joint minor child. If the parents of minors decide to file a divorce, then they will have to go to court to dissolve the marriage.

Please note: the legislation of the Russian Federation provides for cases in which only the wife can apply for divorce! Find out about the possibilities of divorce at free consultations with lawyers!

Where to pick it up?

You will have to contact the registry office, where the document is issued and get it signed by each spouse. It is best to contact the registry office where the marriage was registered. You can apply for a certificate :

• in person (or through a representative);
• by registered mail with notification;
• order through the State portal).

You can also obtain a divorce certificate from the registry office.

After the court decision

You will have to contact the registry office even if you have a court decision on divorce . At least a month must pass from the date of the court's verdict. If an appeal has been filed, you will have to wait for the results of its consideration. It will not be possible to obtain a divorce document earlier. Typically, an application to the registry office is submitted approximately 1.5-2 months after the trial.

At the registry office

When spouses apply to the registry office, an application and a passport are sufficient. The issuance of the certificate is free, but you will have to pay a state fee for the divorce itself. Upon receipt of the document, a stamp is placed in the passport confirming the freedom of the spouses.

The procedure for divorce in court

In cases where it is impossible to get a divorce through the registry office, this should be done in court. You should also go to court if there are disputes about children, to determine the future place of residence and the procedure for communicating with children, and about the division of property acquired jointly during marriage.

Please note: when filing a claim for divorce, you must pay a state fee. The amount of the duty is established by the Tax Code; currently it is 600 rubles.

The following documents must be attached to the divorce application:

• marriage certificate
• receipt for payment of state duty
• birth certificate (for minors)
• other documents specified in the application

In the absence of documents, as well as in the presence of errors, the claim for divorce will be left without progress or without consideration.

The general period for issuing a ruling on accepting applications for consideration and production is 5 days.

Divorce through the court can take from several months to six months or more, depending on the stated claims, the filing of petitions for reconciliation of the parties, the parties’ attendance at hearings and other circumstances.

How to get a?

Obtaining a certificate in Russia occurs immediately after the official divorce and is issued on the basis of an extract from a court decision or upon the application of former spouses (one of them) or the guardian of a disabled spouse. Before issuance, the document is signed by the head of the registry office and sealed.

What documents are required?

To register, you need to confirm your identity and the fact of marriage . If you make a divorce through the registry office, you will need:

• statement;
• passport;
• original marriage certificate;
• a receipt from the bank confirming payment of the state duty.

If the case was decided in court, then we add the court decision or an extract from it.

How to make an application?

The application is drawn up in the form:

• №9if the marriage is dissolved by mutual consent;
• №10if one of the spouses does not have the opportunity to personally contact the registry office;
• №11if one of the spouses is declared missing/incompetent or sentenced to imprisonment;
• №12, if the application is submitted on the basis of a court decision.

The application states:

1. information about spouses (full name, citizenship, nationality, place and date of birth, education, place of residence, passport details);
2. details of the act recording (name of the body that carried out the state registration, record number);
3. request to dissolve the marriage and assign certain surnames;
4. signatures of the parties.

If a repeated divorce certificate is issued, then form No. 26 is filled out . It indicates the dates of registration of relationships and divorce, information about former spouses and the reason for issuing the document.

How to apply?

• You can submit the application in person to the registry office at the place of dissolution of the family relationship or the place of residence of either spouse (Article 35 of the Federal Law “On Civil Status Acts”). In this case, identification documents are provided and the state fee for the divorce itself is paid. In a month, the couple will be divorced and notified how to pick up the certificate. If there is a court decision, then the document can be received faster - sometimes even on the day of application.
• When you contact the MFC (“My Documents”), you can also obtain a divorce document, but only if the marriage has already been dissolved. To do this, you need to find the branch closest to your home and submit an application, a copy of your passport, confirmation of divorce (divorce certificate, court decision).
• To obtain a divorce certificate through the State Services portal, you need to register and log into your personal account. Next you need:
  Find the section “Registration of divorce” and select your location.
• Choose one option out of three: divorce based on a court decision with two applicants, with one applicant and by mutual consent.
• Fill out the electronic application form, register with the registry office for a specific time and pay the state fee by bank card.
• We receive information about when and where you can receive the finished document. There is no fee for issuing it.

Important! If you file for divorce by mutual consent, the application will need to be filled out by both spouses (each in their own personal account) and signed with a qualified electronic signature.

Payment of state duty

There is no state fee to be paid for obtaining the document , but if the divorce is formalized through the registry office by common consent, then each spouse needs to pay 650 rubles. When going to court, the fee is the same, but if property is divided, the fee is calculated based on the price of the claim.

Dates of issue

The decision on divorce after the spouses submit an application to the registry office is made within a month. Immediately after this, you can obtain a certificate of termination of marriage. After the court makes a decision, within three days the information is sent to the registry office (according to Article 25 of the RF IC).

Based on the court decision, the document is usually issued on the day of application . To pick it up, it is not necessary to be present in person; it is possible to apply through a representative with a notarized power of attorney. To issue a power of attorney, you will need a passport and 1-1.5 thousand rubles for notary services.

The certificate is issued to each spouse personally at a time convenient for them. If you would like to receive it by mail, this must be explicitly stated in the application along with your postal address. You will have to draw up an application yourself using the sample, attach certified copies of documents, a receipt for payment of the state fee, as well as an extract from the court decision (if any). Details for paying the state fee and the address of the registry office must be found out in advance.

The return letter with the certificate is delivered by courier personally after presentation of the passport. The recipient signs for receipt of the package, and the notification must be delivered to the sender. Postal costs are paid by the recipient.

How to file for divorce?

According to general rules, applications for divorce are considered by justices of the peace. However, some claims are not within the jurisdiction of magistrates. If the claim contains demands:

• on the division of jointly acquired property exceeding 50,000 rubles
• on determining the place of residence of minors

According to general rules, claims are filed at the location of the defendant. However, a divorce can be filed in court using exclusive jurisdiction, for example, at the place of residence of the children or the plaintiff.

Issues of jurisdiction and jurisdiction for the consideration of disputes are enshrined in the Civil Procedure Code (Code of Civil Procedure). Failure to comply with the Code of Civil Procedure will result in claims being left without consideration!

Please note: it is very important to respect the jurisdiction and territoriality of the court! If the rules of the Code of Civil Procedure are violated, the statement of claim may be left without movement or without consideration!

Certificate form

The divorce certificate is signed or printed on a special form, the form of which is established by Order of the Ministry of Justice No. 202 of October 1, 2018. Throughout the entire state, the forms and rules for filling it out are the same; they cannot be changed by regional authorities. Order of the Ministry of Justice No. 202 established that the following information is indicated in the divorce certificate:

1. Full name of the spouse during the marriage, date, place of birth, sometimes nationality is indicated, this is not necessary.
2. Full name of the spouse with date and place of birth. If desired, nationality is also indicated.
3. Marriage ending day in numbers as well as words.
4. The grounds for ending a marriage are a joint statement, a court decision, a sentence.
5. Date of application or court decision.
6. The time of entry of the civil status act into the register.
7. Number of the divorce deed.
8. Spouse's surname after divorce.
9. Place of registration.
10. Full name of the citizen to whom the certificate was issued, as well as the date of issue.
11. At the end, the signature of the head of the registry office and a seal are affixed.
12. The series and number of the document are marked in red paint.

In order to see the divorce certificate clearly, you can refer to the photo below. Sample blank form:

Rules for drawing up applications for divorce

The statement of claim is drawn up on the basis of the general requirements of the Civil Procedure Code (Article 131 of the Civil Procedure Code determines the form and content of the document). A claim for divorce can be filed by one of the spouses. Statements of claim must indicate: plaintiff, defendant, justification for the impossibility of maintaining the marriage relationship, justification for considering the dispute in court, requirements.

Please note: when applying to the courts (magistrate, district or city), attach the original marriage certificate.

Key points you need to know about obtaining a certificate

Divorce is a difficult process. To terminate the relationship, the members of the couple must draw up an application and submit it to the appropriate government agency. Once the process is completed, the spouses will be able to receive a divorce certificate, which serves as confirmation that the divorce has been completed. The document is issued in 2 copies and distributed between the husband and wife who have completed the divorce procedure through the registry office or court. From this moment on, the members of the couple are considered free and can enter into a new relationship.

The form of the document is the same throughout the country. The paper is issued by the registry office. If differences are found in the form from the established sample divorce document, it is considered invalid.

You will be able to receive a document on the termination of relations after making an entry in the register of deeds at the registry office or after the court decision comes into force. The procedure cannot take less than 30 days. This period is given so that the separating spouses can once again weigh their decision.

The presence of offspring between spouses complicates the divorce procedure. Spouses will be able to see the finished document no earlier than 2 months after the start of the procedure. The term for terminating a relationship can be greatly extended due to conflicts or disagreements regarding property. Until the divorce certificate is received in hand, the spouses will not only not be able to remarry, but will also not be able to obtain a visa to travel abroad. If the operation is performed through the registry office, the marriage is considered dissolved after making a note in the register of acts.

Should the application be supplemented with other requirements?

Disputes may contain several demands at the same time: about divorce, about the division of jointly acquired property, about alimony, about determining the place of residence of minors and the procedure for communicating with them, etc.

It is possible to consider both simple demands for termination of marital relations and additional demands.

Please note: the current practice is to consider divorce proceedings separately from claims for division of property.

Obtaining a divorce certificate through the MFC

According to the general principles, contacting the MFC does not differ from a visit to the registry office, therefore the sequence of actions when obtaining a divorce certificate will in principle be identical. A citizen needs:

1. Go to the department of the multifunctional center, take a ticket and stand in line. From the employee at the window, take an application form that suits your situation, and also familiarize yourself with the sample.
2. The document must be filled out correctly so that there are no corrections or cross-outs.
3. At the MFC terminal or at a bank branch, pay the state fee and pick up the receipt.
4. Provide the application, accompanying documents and receipt. An employee of the center will check everything, determine the correctness of the completed document, and give a receipt in return.
5. At the appointed time, you should appear at the registry office and receive an official certificate of dissolution of the union.

Additional information
Contacting the MFC is relevant if the registry office is located far away and it is not possible to contact it in person to obtain a divorce certificate. You need to be prepared for the fact that processing a request through a multifunctional center will take a little longer than in the case of direct communication.

Claims center services

Lawyers at the legal center PRAVO LEG have been resolving family issues in court since 1996. This direction is one of the key ones for the center. All lawyers have specialized higher education. All specialists have more than 10 years of practical experience in resolving litigation. We employ only professionals!

The cost of drawing up a statement of claim for divorce ranges from 3,000 to 5,000 rubles.

Our prices:

Prices are average, for clarification you need to send a request:

How to obtain a divorce certificate in another city?

If you have moved to another city and there is no way to contact the civil registry office that registered the relationship, you can contact the institution at your place of residence. Art. speaks about this. 38 Federal Law No. 143. The package of documents and the procedure for providing the service will be identical to the general one, the only difference is the timing.

You need to be prepared for the fact that specialists will need additional time to process the request, send data to the place of request, and wait for a response. Depending on the workload of employees, the duration of application processing may increase to 2 months, which is provided for in Article 33-35 of Federal Law No. 143.

Order services online

The preparation of any document (procedural, response, petition, objection, etc.), as well as payment and receipt of the finished document, can be done online, without coming to the office. Services are available for any region of the Russian Federation!

Send your application:

• Through the online ordering service on the website
• By email
• By phone +7 (495) 771-50-41

You will definitely be answered within 1 business day! Final payment after document preparation!

To consult with a specialist, call: 8 (495) 771-50-41. Initial consultations are free and take place in the office strictly by appointment. Other forms of consultation may be paid.

Registration of a divorce certificate through State Services

Currently, every citizen of the Russian Federation has the right to register on the State Services portal and then many services become available. In order to file a divorce and obtain a divorce certificate, you must:

1. Click on the link gosuslugi.ru, the main page of the portal will open. In order to carry out further work, you must not only register, but also confirm your account. Otherwise, it will be impossible to receive the service. On the main page, find the “Personal Account” button with a key sign, click on it.

2. A form for entering personal data will open in the window that appears. Enter your phone number or SNILS number and password. After that, click on the “Login” button. If you have previously accessed the entry through a browser, the phone number and password may be filled in automatically.

3. You will automatically be taken to the main page of the portal, where there will be a search bar. In it, enter “divorce.” You can use the manual search through the service catalog, there you will see the “family and children” block. Among the many services, you will see a link “registration of divorce”; the same link will be indicated in the search result.
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4. Next, you need to select one of the presented options that is right for you. This can be a divorce based on a court decision, when there is one applicant, or when there are two applicants, you can also choose divorce by mutual consent. After you click the desired link, a new page will open with a description of the service and a blue button to receive.

5. A message will appear stating that the submitted application must be signed with a qualified signature. Otherwise, the application will not be processed by staff. If there is a signature, you must click the “Continue” button. A form will open, you need to fill it out. Depending on the service chosen, further actions will vary. If you choose divorce by mutual consent, then you need to click “invite” to fill out information about the second spouse. If the divorce is one-sided, then you can immediately proceed to payment.

After the information is entered into the portal, you will be able to proceed to payment; a blue button will appear. By clicking on it, you will be directed to the bank page to transfer funds. This completes the procedure, and a notification about the processing of the request will appear in your personal account. After this, a message will be sent there with the time and date of reception at the registry office, during which you can pick up the document. The peculiarity and advantage of the Public Services portal is that you can choose the date and time to visit the registry office to issue a divorce certificate . However, you need to understand that without a qualified seal it will be impossible to obtain the service.

How to spot a fake

Guided by current legislation, a blank divorce certificate is filled out in accordance with the standards prescribed in it. Any differences from the established sample deprive the paper of legal force.

Correct completion and execution of a blank divorce certificate must meet the following criteria:

1. Font. All text content must be typed in bold Times New Roman font. Information about the registration authority, as well as information about the head of the department, must correspond to font No. 10. The nationality and citizenship of the spouses are printed in font No. 11. The full name of the spouses is typed in letters size 12. All of these entries use bold italic text.
2. Manual filling option. The name of the state registration authority is indicated using a stamp.
3. All dates must have a numerical value followed by a text interpretation.
4. Nationality and citizenship are indicated only in the nominative case.
5. All new lines start with a lowercase letter. This paragraph does not apply to designations that must begin with a capital letter according to the rules of grammar.
6. Correction of entered data, regardless of the method of execution, is unacceptable.
7. The wet seal imprint should be located at the bottom of the official paper, where the head of the department certifies it with his signature.

The general structure of the certificate has characteristic features according to which it is endowed with legal force. An official document must have the following signs of legal origin:

• series and number;
• full name located at the top of the form;
• presence of state symbols;
• name of the state registration authority;
• signature and wet seal imprint of the department.

By carefully studying the structure of the original confirmation of divorce, you can identify a fake. It must be remembered that such actions in relation to documentation are illegal and criminally punishable.

After the official separation of the marital relationship, each of the former couple will need a divorce certificate. When intending to obtain such a paper, it is important to know what documents are needed to obtain a divorce certificate, how the procedure goes, and how long you will have to wait.

• 1 Necessary grounds for issuance 1.1 Application to the registry office
• 1.2 Court decision

Content

Each official document must contain a certain amount of information that provides grounds for settling relations, as well as confirming specific rights. A blank divorce certificate is filled out based on the following data:

• number of the entry in the Civil Registration Book;
• date of divorce and making the corresponding entry;
• last name, first name and patronymic for both spouses who took part in filling out the blank application form for divorce;
• information about the nationality and place of birth of the spouses;
• information on the grounds for issuing the certificate;
• surnames of both spouses after divorce;
• information about the identity of the recipient of the official paper;
• date of issue.

This official certificate has legal force only when issued on special paper with watermarks and an increased degree of protection. The head of the department of the state registration authority certifies the document with his signature and seal.

In the future, its owner can carry out a number of financial transactions, enter into official relations, and also participate in transactions with various types of property.

What is official paper

A divorce certificate is an official document endowed with legal force, which confirms the fact of dissolution of the marriage union within the framework of current legislation. This certificate cancels family obligations to each spouse.

It must be remembered that such a document can only be obtained from the civil registration authority. The divorce certificate is initially blank; a specialist fills it out by hand or on a PC, and then gives one copy to each spouse.

This document is drawn up on stamped paper equipped with watermarks. It is filled out according to the model determined by current legislation, and all the necessary information is entered. A wet stamp and signature of the head of the department is required.

A blank divorce certificate form is filled out at the civil registry office at the place where the marriage was registered or where the spouses reside. If the process took place at the civil registration authorities, you can receive the document in your hands within a month. And in the event of a trial, the document is drawn up within a day.

Receiving such official paper in hand is considered a mandatory stage of the procedure. A correctly completed divorce procedure provides grounds for filling out a blank divorce form according to the sample.

You need to understand that receiving a properly executed confirmation of the termination of a family relationship is considered a formality. However, without it it is impossible to perform a number of legal operations.

The role of spousal consent in divorce proceedings

If an inevitable termination of the relationship looms on the horizon, it is important to discuss everything with your spouse, deciding whether it is necessary for both and, if there is a common opinion, begin filing for a divorce.

First of all, you need to properly formalize your consent to end the marriage, speeding up getting rid of the outdated relationship.

The consent of the second spouse is of great importance in any of the methods of divorce.

It depends on the position of the second spouse:

• through which body the divorce will be carried out;
• how quickly the divorce procedure will occur;
• Will the spouses be given a time limit for reconciliation in court?

Important! Yes, the period for reconciliation is given by the judge, taking into account the disagreement of one of the spouses. After all, if a couple has come to a mutual decision to divorce, no reconciliation will save them, but if one of the spouses clearly wants to save the family, delaying the collapse of the relationship is still possible.

Another meaning of clearly expressing your desire to end the marriage is a significant reduction in the time frame for hearing the case:

• If the spouse does not agree or refuses to explicitly convey his consent to the court, the divorce procedure is delayed for a full month without taking into account reconciliation, or even longer if the case is heard in a district court for a number of reasons.
• if the filed claim is approved, the case is considered in one court session and after another month the spouses can already go to register the dissolved relationship with the registry office.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If a husband or wife agrees to end the relationship, but avoids appearing in court or at the registry office, then this cannot in any way be accepted by the registry office or the court as consent, even if in fact they have no objection to ending the relationship. Consent must be explicit and obvious to the competent authority.

Consent for divorce through a registry office is not required if one of the spouses:

• is an incompetent person, as established by a court decision;
• sentenced to imprisonment for a term of 3 years or more;
• went missing, which is confirmed by a court decision.