Apply for divorce through State Services: how to submit an application on the portal

When is a trial needed?

Whether it is possible to file for divorce through State Services depends on the current circumstances. If the divorce is carried out in court, then filing a statement of claim is possible only through a personal visit to the Magistrates' Court. Only after receiving the court decision can you contact the registry office through State Services to obtain a divorce certificate.

According to Russian law, a divorce is formalized on the basis of a court decision if:

the spouses have minor children. At the same time, claims may be made about determining the place of residence of children and about alimony. Only the court can make decisions on these issues; the registry office does not have such powers - it is simply a registration authority;
if the second spouse has expressed disagreement with the divorce.

If spouses have jointly acquired property about which there are disputes, these disputes are also resolved only in court, but separately from the divorce. The issue is being considered in the District Court, the divorce itself is being considered in the World Court.

It turns out that if there are children in a marriage, the divorce is carried out through the World Court. But there are important exceptions. If one of the spouses is missing, if he is declared incompetent or is serving a sentence of more than 3 years in prison, in this case the second spouse can file for divorce through the registry office in any case, even if there are children and the second spouse does not consent.

Required documents

The list of documents submitted to the MFC is the same as when contacting the Civil Registry Office:

joint statement;
passports of the wife and husband;
marriage certificate;
receipt of paid state duty.

In exchange for the documents left at the MFC, applicants are given a receipt of their receipt and an invitation to the registry office.

Divorce through State Services by mutual consent

If both parties agree to divorce, then in this case you can apply for divorce through the State Services. But an important point is only provided that both spouses have an electronic signature with which they certify the application to the registry office.

If both spouses do not have an electronic signature, they will have to go to the registry office and write an application for divorce. Divorce in State Services will be impossible.

How to apply for divorce through State Services:

1. You can send an application from the account of either spouse, but it must be confirmed. Log in to the system, through the search find the section “Registration of divorce”. In our case, we need the option - by mutual agreement, click on it:

2. A page will open with a description of the service and an indication of the state duty. The standard fee is 650 rubles for each spouse, but when filing a divorce online and paying via the Internet, a 30% discount is given, that is, the issue price is 455 rubles. After reading the information, click on the “Get service” button:

3. Fill out the application. The applicant’s basic data will already be entered into the system; all that remains is to fill in the remaining fields. The system will ask you to specify:

the applicant's place of residence;
information about the marriage certificate;
what surname the applicant will have after the divorce through Gosusugi;
information about the nationality, education of the applicant, what type of marriage it is.

4. Select the civil registry office that will register the divorce. First, the citizen indicates the address of registration or residence, after which the system opens a map of the civil registry office in the region. You can choose any convenient one:

5. Choose a convenient date and time for visiting the registry office, where the divorce certificate will be issued. The divorce procedure is not urgent, so the registration opens in a month, these are the dates the system will allow you to choose:

6. Indicate the details of the second spouse. You need SNILS, date of birth and email address:

7. An invitation is sent to the spouse, which appears in his personal account on the Public Services portal. He needs to read the information and accept it. Next, both spouses pay the state fee in their offices (each for themselves) and confirm the application with an electronic signature.

The application for divorce was sent through State Services, both parties agreed to the action and signed the application with an electronic signature. Now, at the designated time, both or one can come to the selected registry office and pick up a divorce certificate. Everyone is given their own copy.

The spouses have a month to reverse the decision. According to the law, they are given 1 month to do this, so registration in the registry office opens in a month and a couple of days. The registry office waits a month, then issues divorce certificates.

You can submit an application to the registry office through the MFC

Since December 2021, we began to provide registry office services, namely:

accepting applications for marriage (in terms of accepting applications);
accepting applications for divorce by mutual consent of spouses who do not have common minor children (in terms of accepting applications);
accepting requests and issuing repeated certificates of state registration of acts of civil status.

You don’t have to stand in lines to apply for marriage or to receive a certificate; they cover about 98% of the city’s population, which means that almost every center is located near your home.

One of the family law attorneys can help you collect documents.

If the divorce is filed through the court

Divorce through State Services with children or in the absence of the consent of the second spouse is impossible; the applicant must apply to the Magistrates' Court. There are some disagreements, for example, there are disputes over alimony, over the place of residence of children, over the division of property - these issues will be resolved in the District Court.

The claim is filed in court at the place of residence of the defendant. If both parties agree with the divorce, at the first meeting a decision is made to divorce the spouses. If one of them does not appear or expresses disagreement, the next court hearing is announced. Usually, in any case, a divorce is filed within 3 months based on the plaintiff’s arguments.

After receiving a court decision that has entered into force, you can complete the divorce through State Services. In this case, there are two scenarios for the provision of the service: if we are talking about only one applicant, or both spouses agree to complete the procedure for filing a divorce through the state portal:

Most often, we are talking about one applicant who received a court decision. Therefore, we will consider this option. Divorce in public services with children is possible by court decision or in the circumstances established by law. The system allows you to choose:

The system will allow you to familiarize yourself with the information, indicate the package of necessary documents, and the amount of the state duty. You do not need to pay for your second spouse, only for yourself:

Next, you need to enter information about the marriage certificate and the court decision on the basis of which the marriage is dissolved through State Services:

Afterwards, the system will ask you to provide your spouse’s details and some personal details of the applicant. At the end of the procedure, the applicant selects a convenient civil registry office, opens the registration mode for it and records the date and time of the visit. After this, the system will indicate the need to pay the state fee. When paying online through State Services, there is a 30% discount.

At the time of your visit, you must have all the necessary documents with you; they will be checked by a registry office employee. If everything is in order, the applicant receives a divorce certificate and a corresponding stamp is affixed to his passport. The second spouse can apply to the registry office for documents and a seal at any time, there are no restrictions.

Normative base

Issues of divorce through the MFC are regulated by the following legal acts of the Russian Federation:

Federal Law No. 143 of November 15, 1997;
Federal Law No. dated May 2, 2006;
Federal Law No. 210 of July 27, 2010;
Order of the Russian Ministry of Justice No. 412 of November 29, 2011;
Order of the Ministry of Justice of Russia No. 307 of December 28, 2018;
Order of the Russian Ministry of Justice No. 201 of October 1, 2021;
Code of Civil Procedure of the Russian Federation;
RF;
RF.

Attention
Also, issues of carrying out divorce proceedings through the MFC are also regulated by regional legal acts (for example, in the Oryol region - clause 4 of the Appendix to the Resolution of the Regional Government No. 476 of October 21, 2015).

FAQ

How to file for divorce through State Services?

The application is submitted from an account with a verified identity. You need to fill out all the fields of the online application, indicate a convenient registry office and select a convenient time to visit it.

In what case can you get a divorce through State Services online?

Only when the situation does not involve a lawsuit, if both parties agree to divorce and have an electronic digital signature with which they sign the divorce application for the registry office.

Is it possible to file a divorce through State Services with children?

You can submit an application only if there is a court decision on divorce, which has entered into force if the second spouse is declared missing, declared incompetent, or serving a sentence of more than 3 years.

What if the second spouse does not want to get a divorce?

In this case, divorce is possible only through the court. If the second party does not agree, but the first has convincing arguments, they will still be divorced within 3 months. After receiving the court decision, it will be possible to complete the divorce through State Services.

How to get a divorce online if I don’t have a digital electronic signature?

No way. Divorce will be carried out in the standard manner. But through State Services it will be possible to complete the divorce process if you have a court decision that has entered into force.

Sources:

Public services: State registration of divorce.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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Service delivery period

State registration of divorce is carried out after a month from the date of filing the relevant application with the body providing the public service.
Public service: Issuance of repeated certificates of state registration of acts of civil status and other documents confirming the presence or absence of facts of state registration of acts of civil status (birth, marriage, divorce, adoption, establishment of paternity, change of name, death

3 working days from the date of receipt of the application and necessary documents at the MFC;
30 calendar days from the date of receipt of documents by the civil registry office, in the absence of a record in the civil registry office to which the application was submitted.
Why is it convenient to obtain government services at the MFC?

The MFC's opening hours are ideal for those who work shifts.

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