What is the place of divorce in the registry office, where to apply

There are many reasons why modern families break up. The process of divorce is exciting and unpleasant, but it happens that it becomes inevitable. A large number of people do not have the slightest idea where to apply for divorce, how the procedure goes, or how to fill out the documents. The place of divorce may also be the registry office. It all depends on the circumstances of the couple’s family life. Complicating the matter is the presence of children and the division of acquired property. In this case, you need to file for divorce in court.

Registry office services for filing a divorce

It is possible to formalize the termination of official relations in the registry office if the following circumstances exist simultaneously:

No common minor children.
The need to break off official relations is mutual.

The Family Code of the Russian Federation provides only three exceptions to this rule, when a marriage can be dissolved in the registry office without mutual consent and/or in the presence of joint children:

Availability of a document confirming the recognition of one of the family members as missing.
Recognition of a party's incapacity.
One of the spouses has been in prison for more than three years.

If there is a dispute between a divorcing couple that cannot be resolved on their own, the assistance of the court is required. In this case, the registry office employees will not be able to accept the application. Also, the authorized body will not be able to carry out the termination procedure if the family has children under eighteen years of age. The negative attitude of one of the spouses towards the breakdown of the marital relationship or the presence of discrepancies in the division of property lead to the impossibility of submitting documents to the government body.

The place of divorce in the registry office is the department where you can fill out an application at the place of residence of one of the spouses. Also, to submit documents, one of the parties can contact the department where the marriage took place.

Both husband and wife must file for divorce on the same day. Submitting an application separately is possible in the following cases:

if the spouse lives in another locality;
occurrence of illness;
while on a business trip.

You can send a petition for divorce using postal services. There are options when you can use a special government portal. After weighing all the circumstances, the spouses must decide which government service to apply to.

Procedure for submitting an application to the Civil Registry Office

A unilateral divorce in the registry office is an ideal solution for married couples who have decided to formalize the separation according to a simplified scheme, have no material claims against each other and have come to a mutual decision to separate peacefully.
This procedure is convenient in that one spouse can submit the necessary documents, but only with the consent of the other. The legislation of the Russian Federation establishes the procedure for unilateral divorce according to a simplified scheme:

The applicant collects the necessary documents, fills out an application of a certain form for divorce and submits it to the registry office at the place of residence or to the registry office where the marriage was registered.
The applicant pays the state fee and attaches the original receipt to the package of documents.
The husband and wife are waiting for the period established by law for reconciliation, which lasts one month.
After 30 days have passed, both parties appear at the registration authority, where entries about the divorce will be made in the civil status acts, after which the former spouses will receive a divorce certificate.

The legislation of the Russian Federation establishes the following forms of application for unilateral divorce:

Form No. 9 - an application from both parties, in which it is necessary to indicate the full name of the husband and wife, the date and place of their birth, place of residence, passport details, number and date of the marriage certificate, last name that will remain after separation, date and signature of the parties. Such an application can be completed by two people or by each party separately.
Form No. 11 is a submission from one side, in which, in addition to general details, it is necessary to indicate the reason for the unilateral divorce of the spouses - the second half is declared dead, missing, incompetent for medical reasons, and is serving a prison sentence. Supporting documents must be attached to such an application.
Form No. 12 is a statement on the basis of which the fact of divorce by court decision is registered. To complete the form, the applicant must provide a copy of the court decision.

What is required to complete an application?

It is necessary to bring an application for divorce to the registry office if you have a package of documents:

identification documents of both parties;
marriage certificate;
a court decision according to which the spouse is missing or declared incompetent (if any);
a photocopy of the verdict upon conviction;
When changing your last name, you must have the appropriate documents.

You must go to the registry office in person. To process the application, you will need to pay government services - a state fee. The fee for each spouse is 650 rubles. You can deposit money at the nearest bank branch or use a self-service terminal. The check, which shows the amount and the fact of transfer of funds, must be collected. It confirms payment of the state duty. It is presented along with the documents when submitted to the authorized body.

After processing the documents and reviewing them, a stamp confirming the divorce is added to the passport. The duration of the divorce through the registry office is up to a month from the date of filing the application.

Divorce proceedings through the registry office are simpler than judicial ones. Preparing an application is not difficult, the package of documents is minimal, the state fee is not so high, there are no additional costs, there is no need to involve lawyers, the application is processed in a short time. The divorce procedure does not require indication of the reasons for the existing relationship or the presentation of evidence by the spouses.

Procedure

Divorce litigation takes place in several stages:

Submitting an application and a package of related documents.
Acceptance or rejection of the application and scheduling of the first hearing. The hearing date is set no earlier than one month after submission. The parties are notified by summons of the date of the hearing.
Conducting the first meeting. The judge examines all the materials of the case and also gives an opportunity for reconciliation.
Conducting the main meeting. The judge listens to the plaintiff's demands, the defendant's opinion, and examines the evidence provided.
Making a decision. Based on the heard demands and opinions of each party, the judge makes a decision on the divorce process. If the parties have already been given a period to resolve the conflict, but the intention to divorce has not changed, the judge satisfies the plaintiff’s request. If there are minor children, a decision is made on the place of residence, issues of education and maintenance.
Entry into force of the decision. After a decision is made on the claim, you are given a month to appeal. After 30 days the decision comes into force.
Former spouses receive copies of the court decision.
The parties receive a divorce certificate from the registry office.

Termination of acts of civil status - process

After submitting an application for divorce to the civil registry office, specialists set a date for registration. The place of divorce of spouses is the authorized body. On the day of the procedure, which is indicated by the employees, at least one of the spouses or his official representative must appear. If neither party appears for valid reasons, registration is postponed. In the absence of spouses or their representatives, the procedure is impossible, so the application is rejected. A new application can be submitted at any time.

Failure to appear in court

Everyone has their own reasons for not appearing in the courthouse: reluctance to see their spouse, disagreement with the divorce, a desire to delay the divorce.

The court is obliged to notify both parties of the date and time of the hearing, and the spouses are obliged to notify the court of the reasons for failure to appear at the hearing, providing certificates or other evidence.

Based on this, in case of failure to appear, the judge considers two questions:

Was there prior notice to the party?
Is there a valid reason for not attending a meeting?

Based on the results of consideration of these issues, a decision is made on the possibility or impossibility of holding a court hearing without the presence of the other party.

If the reason for non-appearance is valid, the meeting is postponed.
In case of failure to appear for an unexcused reason or in the absence of grounds for failure to appear, the judge grants the statement of claim.
If both parties do not attend the hearing, the case is closed.

Divorce certificate

A divorce certificate is the main document for which citizens apply to divorce authorities. It is issued after the process is completed. After completing the registration process, each spouse receives a personal version. The divorce certificate contains:

surname, name, patronymic of both parties before and after termination;
passport data;
date of divorce;
number of the entry that is entered in the official state register;
name of the body that performed the procedure;
date of issue.

Claims that may be combined with a claim for divorce

In addition to directly dissolving the marriage, the applicant has the right, simultaneously with the divorce, to request:

On the collection of child support.
On the division of joint property.
On determining the place of residence of the child (children).
On establishing the procedure for communication with the child of the second parent.

In some cases, it is simpler and more convenient to actually state the specified demands right away, but if there are conflicts or multiple disputes, lawyers do not recommend combining several complex demands into one claim unless absolutely necessary.

It is easier and more convenient to initiate the divorce procedure through the magistrates' court, but the issue of establishing a procedure for communication with the child will be decided in the district court. The procedure for ending a marriage with a magistrate will take from 2 to 5 months, but in a district court, together with other requirements, it will take up to six months, and this is if no examinations are ordered in the case.

Each of these requirements may be additionally subject to state duty. Property claims, such as division of property, are subject to assessment and calculation of state duty according to the rules of Art. 333.19 Tax Code of the Russian Federation.

When combining several claims in a divorce suit, it is better to first enlist the help of an experienced lawyer. You can consult with our specialists right now completely free of charge.

Features of divorce

Each divorce process is unique and the procedure for proceeding depends on the circumstances in a particular family. In order to quickly and peacefully get a divorce in the registry office, two mandatory conditions must be combined.

The first condition is mutual consent to divorce. Divorce can only be achieved with the mutual consent of both spouses. It is possible to resolve a dispute, clarify relationships, or make claims only with the help of a judicial authority. The consent of one and the second spouse is confirmed by a jointly drawn up statement.

Many spouses are outraged by this provision of the family code. The meaning of this condition is hidden in the remnants of the past. The Soviet justice system assumed the fulfillment of a great mission - ensuring the safety of family ties. Now the court is also setting a deadline for the couple to restore their relationship.

The second mandatory condition is that the couple does not have children together under the age of eighteen. If there are children under 18 years of age in the family, you can only apply for divorce to the court. If one of the spouses has children from a previous marriage or joint children are already adults, you can get a divorce at the registry office. If one of the parents has a child from their first marriage, and the second spouse has adopted the child, registration of a divorce is possible only through the court.

It is important to note that there is a term - emancipation. This entitles a child who has reached the age of sixteen to have the full rights and responsibilities of an adult. If there is such a child in a married couple, you can file a claim with the registry office.

How to file for divorce through the district court

The district court hears divorce cases complicated by disputes about children or demands for division of property.

The requirements for the form and content of the statement of claim in all these cases are prescribed in Art. 131-132 of the Code of Civil Procedure of the Russian Federation and are subject to strict compliance, since otherwise the document will either be left without further progress, with a period provided for correcting deficiencies, or will be returned without consideration.

A typical mistake made by many plaintiffs is to independently fill out a claim form found on the Internet without taking into account the specifics of their situation. For example, drawing up an application without a dispute about children, when in fact such a dispute takes place or may arise during the consideration of the application.

If you have any doubts or questions about the correctness of drawing up a claim, please contact the lawyers of our portal for a free online consultation.

If there are disputes regarding children

Disputes about children during divorce will be considered:

lack of agreement on the child’s place of residence after divorce;
the desire of one of the parents with whom the child remains to limit the other parent’s right to communicate with the child;
lack of agreement on the procedure for communicating with the child (children).

All these issues are subject to clarification in a court hearing and are resolved by a court decision based on the results of the consideration of the case.

You can find out more about who a child stays with after a divorce in this article.

Statement of claim

In addition to the standard set of parties (spouse), if there are disagreements about children, it may be necessary to involve the guardianship and trusteeship authorities.

If you think that their opinion can influence the court’s adoption of the correct decision, indicate the guardianship and trusteeship authority as an interested party in the case.

For more information on the specifics of preparing a claim for divorce with children, see this material.

Content

The claim must indicate:

name of the vessel and its coordinates;
Full names of the parties;
addresses of registration and actual place of residence, telephone numbers of the parties;
description of the circumstances of the dispute: date of marriage registration, period of cohabitation, date of birth and full names of children;
the merits of the dispute about children;
reasons for spouses' divorce;
justification for resolving a dispute about children;
a demand addressed to the court for a divorce and leaving the child with the plaintiff or transferring him to the defendant;
signature, date and list of documents.

If there are disputes about the order of raising a child, it is necessary to justify why the second parent can communicate with the child only within the limits proposed by the plaintiff. If necessary, the guardianship authority must be involved in resolving the dispute.

Sample

You can download the claim for divorce if there are disagreements about children using the link below.

The document is presented for review, since when drafting it, it is extremely important to first consult with a lawyer.

Documentation

The set of documents for a divorce in the presence of children will be similar to the documents presented for a divorce without such a dispute in the magistrate's court.

However, you may additionally need to provide:

evidence of the non-participation of the second spouse in raising the child;
evidence of immoral behavior and antisocial lifestyle of the spouse (prosecution, right from a narcologist, etc.);
information about the children’s place of residence;
information on the costs of raising and maintaining children incurred by the parent with whom the children live;

To accurately determine the package of documents, it is recommended to consult with a lawyer.

If there are disputes about the division of property

If there are disputes about the division of property, they can be resolved simultaneously with the divorce case by applying to the district court.

The value of the property (the price of the claim) does not matter at all, since the competence of the district court includes property disputes from 50 thousand rubles to infinity.

Important! Also, other persons may participate in a dispute over the division of property, for example, co-owners of common shared property, if such property has been declared for division, as well as banks and credit organizations when dividing debts. These persons can be either independently indicated in the claim, or this prerogative can be left to the discretion of the court.

Statement of claim

In addition to general information about the reasons for the divorce and the agreements reached, in the claim for divorce and division of property in the district court, it is necessary to substantiate the reasons why the property will be considered jointly acquired and motivate the proposed division mechanism.

The claim is filed by sending it by mail or at a personal reception in court.

Read more about the specifics of drawing up and submitting an application in the article “Statement of Claim for Divorce and Division of Property,” which is relevant specifically for the district court.

Content

A claim for divorce combined with division of property must contain the following information:

Name of the district court and its address.
Last name, first name and patronymic of the parties to the case, their addresses (both registration and residence).
Cost of claim.
Circumstances of the dispute and information about the marriage: date of conclusion, period of marriage, grounds for the conflict.
Reasons for divorce of spouses.
List of property acquired during marriage.
Evidence of recognition of property as joint property.
Justification of the proposed version of the section.
A request for divorce and division of property indicating the value of the property awarded to each spouse.
Date of compilation, personal signature.
Attached documents.

Sample

The content of the statement of claim will be individual depending on the composition of the divisible property and the circumstances of its acquisition.

A typical sample claim for divorce and partition is posted below, and you can also download it for editing yourself.

Documentation

The following documents must be attached to the claim:

A copy of the claim to the defendant and other persons involved in the case.
Copies of the plaintiff's passport, marriage certificate and child's birth certificate (if there is a child).
Documents for property: copies of certificates of registration of rights; purchase and sale agreements; checks, etc.
Certificates of value or appraiser's conclusions.
Certificate of residence of the spouses.
Associated evidence, the composition of which is determined individually.
Receipt for payment of state duty.

Calculation of the state duty is carried out in accordance with the norms of Art. 333.19 of the Tax Code of the Russian Federation on the rules for assessing and determining the amount of state duty payable.

Arbitrage practice

The claim was considered by the magistrate of the Perovsky judicial district of Moscow at court site No. 293 in November 2010.

The wife submitted a claim document to the judge for consideration, in which she asked to end the marital relationship with the defendant due to the breakdown of the family, lack of a common household and separation. They have no disputes about child support and the place of residence of their three common children. There are also no disagreements regarding the division of joint property, about which the defendant provided a corresponding written statement.

The court, guided by the norms of family law, allocated a three-month period for restoring marital relations.

However, at the second meeting, the plaintiff did not renounce her demands, and the defendant did not object to separating from his wife. Due to the fact that the attempt at reconciliation failed and it was not possible to save the family, the judge decided to terminate the marital relationship of the spouses.

What documents will be needed

The greatest amount of time during the divorce process is spent preparing documents. Therefore, you should carefully read the following list so as not to miss anything.

Required documents:

Application for divorce.
Receipt for payment of state duty.
A copy of the applicant's passport.
A copy of the marriage certificate.
If available: a copy of the children's birth certificate.
Documents indicating the actual place of residence of the second spouse and children (if any).
Certificate of earnings, list of jointly acquired property and certificate of ownership - in the event of property disputes.

All documents must be submitted to the court in duplicate to notify the second spouse of the divorce. If issues of property and child custody are being considered in court, it is worth collecting as many documents as possible to win.

How long does the process take?

The procedure at the registry office lasts at least a month. This period is explained by the fact that most applications are filed by spouses after a quarrel or various misunderstandings. The state hopes that within a month the spouses will reconcile and there will be no need for divorce.

If both parties are confident in their decision, they can go to the registry office immediately after the deadline.

The trial takes longer, from two months. Another month is allocated for the court decision to come into force. However, if the parties are unhappy with the decision, they can file counterclaims. In this case, the process may drag on for years.