How to file for divorce through State Services if you have minor children

The emergence of the State Services website, through which you can reduce the time and improve the quality of receiving services from the state, has made life easier for many. Authorization on the all-Russian portal allows you to get acquainted with detailed information about the procedure and even leave a request for a very specific action. You can also pay the state fee via the Internet and wait for the service to be completed (for example, by letter by mail or receive a certificate electronically).

To gain full access to all services, you must go through the registration procedure, and then verify your identity.

The identity of the State Services user is confirmed:

In municipal bodies;
Employment centers;
Regional MFCs;
Divisions of Rostelecom;
Other institutions, the list of which is individual for each region.

After confirming the identity, all government services become available to the user in full. Without confirmation, the account is valid in limited mode.

Is it possible to get a divorce through the Internet portal “Gosuslugi”

When applying for government services, it is important to understand that the portal is not a substitute for certain departments. He is an intermediate link between citizens and departments.

Government procedures are being improved, simplified and, as a result, cheaper. As for divorce, this is not exactly a service, but a legal action performed with the will of the spouses.

The service in this case will be the official registration of an application by one of the spouses for the commission of an action in a specialized department.

Answer to the question: “Is it possible to get a divorce via the Internet?” unequivocally yes.

To do this, you will need the consent of both spouses, who will jointly fill out the appropriate application (each in their personal account).

IMPORTANT: To submit an application electronically, a qualified electronic signature is required!

In order to file a divorce that both spouses agree to, you must select the appropriate section on the service portal. This can be done from the account of one of the citizens who decided to change their marital status.

On the service description page you can find information about the current amount of the state fee (everyone will pay), the processing time for the application with the issuance of a certificate. For example, spouses chose an electronic format for receiving services. To perform further actions, you will need a qualified electronic signature; without it, the divorce application will not be accepted.

In the proposed form, the information of the account owner appears; all that remains is to substitute the information for the second spouse and click the “invite” button. Despite the fact that the service is provided in electronic format, you will still have to visit the registry office.

State duty amount

It varies depending on the grounds for dissolution of the marital union.

State registry office

Judicial authority

Mutual divorce costs 650 rubles, which each spouse pays separately. A unilateral divorce costs 350 rubles, which is paid by the interested spouse.

The claim will be considered by a judge after 600 rubles are transferred to the accounts of the Russian Treasury. Payment is recognized as the legal obligation of the plaintiff. Alimony disputes are duty-free for the plaintiff. If the defendant loses the case, he will be required to pay 150 rubles. Filling out and printing a divorce certificate at the state civil registry office costs 650 rubles, which is paid separately by each spouse.

When dividing property values, the cost of the duty is calculated based on the value of the plaintiff’s claims, expressed in Russian rubles.

Cost of plaintiff's claims	How to calculate the duty
No more than twenty thousand rubles.	4% of the value of the claims will be charged. The minimum duty is four hundred rubles.
From twenty thousand one ruble to one hundred thousand rubles	Eight hundred rubles are charged, to which is added 3% of the cost of claims exceeding twenty thousand rubles.
From one hundred thousand one ruble to two hundred thousand rubles	Three thousand two hundred rubles are charged, to which is added 2% of the value of claims exceeding one hundred thousand rubles.
From two hundred thousand one ruble to one million rubles	Five thousand two hundred rubles are charged, to which is added 1% of the value of claims exceeding two hundred thousand rubles.
Over one million rubles	Thirteen thousand two hundred rubles are charged, to which is added 0.5% of the value of claims exceeding one million rubles. The maximum duty is sixty thousand rubles.

Conditions for divorce via the Internet

Divorce can be:

By agreement of both parties, the decision to end the marriage must be mutual. Divorce in the registry office is possible if the spouses do not have minor children together. The exception is divorce in the registry office only if the child’s legal capacity is recognized before he reaches his 18th birthday, he works officially or is an entrepreneur. The husband and wife will be divorced 30 days after filing the application. Each party receives a divorce certificate.
If one of the spouses agrees (implies that there is no mutual consent of the couple to formalize the separation). Divorce is possible only in court.
If a married couple has small children, the presence of joint children who are not yet 18 years old makes their divorce possible only in court. The husband does not have the right to file for divorce only at his own request if:
have a common child under the age of one year.
One-sided divorce. In this case, one of the spouses may be in prison for a term of 3 years or more, disappeared or lost his legal capacity.

For online divorce, only cases 1 and 4 are allowed, where there are no problems. entailing divorce through the courts.

Features of divorce in the presence of children

List of features	A comment
Trial only	Married couples are not allowed to divorce through the registry office if they have a minor child. This is due to the fact that the judge has the necessary legal qualifications to resolve divorce disputes and can take measures to ensure and protect the legal interests of a minor child.
The alimony issue must be resolved	The role of alimony is that it ensures the existence of the child and the satisfaction of his interests, for example, in the field of education, treatment, sports, etc. The court ensures that parents do not violate the rights of children in the field of material support and do not deliberately reduce the amount of payments due to them.
It is necessary to decide which parent will look after and raise the children.	In this case, it is necessary to evaluate several parameters: Financial status of each parent. The child's attitude towards them. The living conditions of the spouses. Characters and behavior. The assessment of the above criteria is the function of the court, which can, if necessary, take the help of experts.
Participation in the process of an employee representing the guardianship authority is mandatory	His participation represents an additional guarantee provided by the state. This person ensures during meetings that the interests of children are respected and are not infringed.
Taking into account the opinion of a child aged 10 to 18 years	This right is enshrined in the Family Code and allows the child to choose the parent with whom he wants to live in the future.

When you can’t get a divorce over the Internet

There are situations in which divorce is impossible without a court decision. Divorce online is not always possible

So, in what cases can you not do without going to court:

those divorcing have a child who has not reached the age of majority;
one of the spouses does not want to get a divorce;
existence of a property dispute.

Divorce in the registry office is not possible in every case, since the application may be refused. Then the option of filing a complaint with the court is possible. It must be submitted at your place of residence.

IMPORTANT! Before registering on the site, it would be better to clarify whether filing for divorce is possible for you in this way. This is not difficult to do - call the support service or check the terms of the divorce at the registry office. You can also ask clarifying questions to our lawyers directly on the website, by calling the hotline or by asking a question through the quick contact form.

Regulatory framework

Normative act	Articles
Tax Code (Part 2)	Article 333.19 – tax fees for judicial services. Article 333.26 – tax fees for registry office services.
Family code	Article 17 prohibits a man from breaking family ties with his wife on 2 grounds. Article 19 – legal reasons for severing marriage ties in the state registry office. Article 21 – legal reasons for breaking marital ties in a judicial body. Article 25 is the point in time after which family relationships are recognized as ending. Article 55 ensures that a minor has the right to communicate with his parents. Article 56 provides a minor with the opportunity to be protected by state authorities and parents. Article 57 allows a child, upon reaching the age of 10, to choose the parent with whom he wants to remain. Article 60 establishes the right of a minor to material support, including alimony, and to the inviolability of material assets that he owns. Article 160 determines the procedure for terminating a marriage between a foreigner and a citizen of the Russian Federation.

How to file a divorce via the Internet, Public services by consent - step-by-step instructions

Step 1: Get a verified account.

Step 2: Log in to the State portal class=”aligncenter” width=”849″ height=”530″[/img]

Step 3: Enter into search

Step 4: Select

Step 5: Check the “Electronic service” box and then click the “Get service” button

Step 6: Fill out the application by each spouse (carried out by both husband and wife in their own personal accounts), enter all the required information and sign with a qualified electronic signature.

Step 7: Payment of state duty. Each spouse pays a state fee for themselves in the amount of 455 rubles (including discounts for payment through State Services).

Step 8: Contact the civil registry office to obtain a divorce certificate.

Is it possible to file a lawsuit for divorce via the Internet, public services, if there are minor children?

According to general provisions, divorce without a court decision is impossible in the following situations:

If there are children in the family who are under 18 years of age;
In case of disputes regarding children.

It is also not possible to get a divorce through State Services in cases where:

The husband or wife has been officially declared incompetent or one of them has gone missing;
One of the spouses was under criminal prosecution and was sentenced to imprisonment for a term of more than 3 years.

Learn more about unilateral divorce with and without children.

The list of State Services does not contain options for divorce through the court, however, from January 1, 2021, documents can be sent to district and city courts of general jurisdiction in electronic form using the Unified Identification of Authorities (through the State Services portal) and with a qualified electronic signature.

The jurisdiction of district courts includes cases of divorce if there are disputes about children and if you have an electronic digital signature, you can file a statement of claim in court, but in any case you will have to appear at the court hearing to present documents.

If you need to go to court through the public services portal, you need to select the appropriate form

Is it possible to apply without a husband, without a wife?

You can submit an application to make changes to the official information of civil status acts only if there are previous decisions.

For this, a joint application is not necessary; each spouse can independently submit an application through the State Services.

Otherwise, it is possible to register a divorce only in the personal presence of the parties. To submit an application, one applicant must select the appropriate service online and submit the application electronically.

How to file a divorce via the Internet, State services in the presence of a court decision: step-by-step instructions

By following the prompts on the screen, you can fill out the appropriate application within a few minutes. In order to get to the corresponding section of the portal, you must be authorized. If the site user does not have login information, they can be obtained from a multifunctional center in their city or from a Rostelecom division.

After the user gets to the page for submitting an application for a government service, a tour of the application appears in front of him:

Information about the current fee (including discount);
Selecting the type of service (in person or electronically via the Internet);
The procedure for practicing the basic form;
Sending an application, waiting for results;
Receiving services only in person.

The main differences between the two types of services are the amount of fees and the composition of documents.

After selecting the type of receiving the result of a public service via telecommunication channels, you must click the appropriate option. After moving to the next stage, 10 sections will appear in front of the portal user:

Personal data of the applicant (automatically inserted from account data);
Information about the identity document (will be entered automatically);
Place of residence (will be filled in by the system);
Marriage certificate information;
Last name after the court recognized the divorce;
Additional information;
Details of the court decision.

Also, the initiator of the request will need to indicate which state civil registration authorities will be used to search for information and in which authority the certificate should be issued. The next step is to pay the state fee. You can transfer money from a bank card or from an electronic wallet, as you prefer.

After this, the submit “application” button will become active.

Completion of these actions will mean registration of the request and countdown of time for the execution of the public service. Choosing the option of visiting the registry office in person will increase the amount of the state fee and the loss of time to obtain the certificate.

Convenience of electronic divorce

This method of filing a divorce is very convenient and will save your time. You must go to the registry office in any case, but problematic situations will be resolved online.

For example, if any of the documents are missing, the employees will notify you about this in writing by e-mail or by phone. You don’t have to go to the branch, because it will be much more convenient to send all the documents that are missing without leaving home.

Divorce via the Internet is extremely convenient when:

There is no time to come to the registry office once again to submit an application;
One of the spouses lives in another city or is constantly traveling for work.

Why is it better to contact a lawyer?

Attracting professional help when defending an active life position always guarantees results. At the same time, an increasing number of citizens prefer to use maximum opportunities to speed up and reduce the cost of processes that are provided for by current legislation.

Such measures are not always justified, since citizens cannot control the situation, especially if business is conducted according to a standard pattern without their participation.

IMPORTANT: An experienced lawyer who is not yet at the stage of studying your situation will give clear recommendations on further actions and will be able to identify possible obstacles to divorce. The help of a specialist is extremely important in cases where the divorce process is complicated by disagreements about children or disputes about the division of jointly acquired property.

Cons of State Services

The disadvantages that characterize government services in electronic form include the following:

Most of the sections are pilot, working in test mode with all the ensuing consequences;
The portal can often experience freezes caused by a large number of simultaneous user requests;
Low level of control on the part of individual (conservative) departments that do not have young specialists who understand modern technologies on their staff;
The need to obtain an electronic signature, which involves additional costs.