How to file a divorce through the registry office by mutual consent?

If it is permissible to say about a divorce that it can be “good,” then, of course, the best divorces are those that can be effected through the registry office.

A minimum package of documents, a basic application, short deadlines, minimum expenses (only payment of the state fee for filing a divorce).

In addition, the registry office, unlike the court, will not find out the reasons for the divorce and the circumstances of an unsuccessful life together. There will be no need for appearances by each party, testimony, presentation of evidence, certificates, motions, or adjourned or adjourned hearings. In a word, there will be no need for all this “judicial red tape”, which so frays the nerves of families already exhausted by the breakup.

Divorce through the registry office is fast, simple, and effective.

Conditions for divorce in the registry office

Unfortunately, not every marriage can be dissolved in this simplified and accelerated way. This is only available to couples who do not have minor children and have mutually agreed on a divorce, without mutual claims.

That is, to undergo the divorce procedure through the registry office, a combination of two conditions is necessary:

• Consent of spouses

Divorce, just like getting married in the registry office, can only be done voluntarily. Civil registry offices are opened exclusively by mutual consent. A jointly submitted application is evidence of mutual consent. If one of the spouses does not agree to a divorce or is not sure of the seriousness of their intentions, they will have to go to court.

ATTENTION! This rule is confusing to some. What is its point if the court will still dissolve the marriage if one of the spouses wants it? There may be a logical explanation, but you shouldn't look for it. The matter most likely has to do with the legal traditions of Russia.

During the Soviet era, the courts were entrusted with the ideological task of preventing the destruction of families and minimizing irresponsible conclusions and divorces. It was from there that the practice of “giving spouses time for reconciliation” came to Russian courts.

Perhaps in some cases it is useful (for example, if a husband and wife quarreled and immediately ran for a divorce, but after a couple of weeks they made up and changed their minds). But most divorcing couples consider this rule to be a pointless, unnecessary delay.

All that remains is to come to terms with the existence of legal norms accepted in the state. They are different everywhere. In some countries, for example, divorce is generally prohibited, in others it is almost impossible to divorce without the consent of the second spouse. And in the USA, for example, divorce is possible only through the court and nothing else. So the condition that mutual consent is necessary for a simplified divorce procedure is not the most ridiculous requirement.

• No common minor children

This rule exists so that the state can guarantee respect for the rights of children after a divorce. Especially material ones (the court must make a decision on the assignment of alimony payments from one of the parents, if they themselves have not entered into a notarized agreement on the joint maintenance of children).

But if the children have already reached the age of eighteen (or have completed the early emancipation procedure at the age of 16), their parents can divorce through the registry office.

Also, a simplified divorce procedure is available to couples who jointly raised a child or children of one of the spouses from their first marriage. Provided that these children were not formally adopted by the second spouse.

Drawing up an application

Federal Law No. 143-FZ of 1997 provides for two types of applications for divorce. Article 33 establishes an application for divorce by mutual consent of the spouses (Form 8).

By drawing up the document, the spouses confirm their consent to divorce, the absence of children under the age of 18 years. The text includes mandatory information about the personal data of the husband and wife, place and date of birth, details of marriage documents and spouses’ passports, citizenship. The applicant, at his own request, provides information about his level of education, nationality, and number of previous marriages.

The husband and wife choose which surname they will keep after the divorce. Each spouse can change the present to premarital. The information is included in the application. The document is signed and dated by the citizens.

A sample application to the registry office for divorce, form 8, can be downloaded here

Article 34 regulates the type of document for a simplified procedure for dissolving a union. It is filled out by a spouse who wishes to dissolve a marriage with a spouse declared incompetent, deprived of liberty and missing.

The application includes the mandatory information provided for in Article 33. Similar information for the second spouse is indicated at the request of the applicant. Additionally, it is necessary to specify the grounds for divorce, the number and age of joint children. The place of residence of an incapacitated citizen is considered to be the address of the guardian. For a person serving a sentence - the location of the GUFSIN institution, for a missing person - the address of the property manager.

Which children are considered common?

Blood or legally adopted. In the latter case, the role of genetic kinship is taken over by legal kinship.

Adopted children are fully equal in rights to their relatives: they inherit and are testators by law, have the right to a survivor's pension, alimony in the event of parental divorce, and so on.

Regardless of whether the child is adopted by both parents or one spouse adopted the second child from a previous marriage, divorce from a minor adopted child is possible only through the court.

If the premarital child of one of the spouses is not adopted by the second, you can get a divorce through the registry office, since in this case he has no right to alimony after the divorce. That is, rights that the state must protect and guarantee.

How quickly can a divorce be granted in a district court?

If the spouses cannot come to a compromise on who the children will live with or intend to share acquired property worth more than 50 thousand rubles. in court, the only way out is to file a claim with the district court. In this case, there is no question of how to quickly file a divorce with a child; the matter may drag on for several months.

In severe cases, when spouses who urgently need a divorce are thinking about how to get a divorce quickly, lawyers recommend dividing child, property and divorce issues into different legal proceedings. Then the couple will be able to complete the family union in the magistrate’s court, and all other issues (place of residence of offspring under 18 years of age, assignment of alimony, division of valuable property) will be resolved in the district court.

Today we can name several factors influencing how quickly to get a divorce:

1. Rules of the Family Code defining the procedure for divorce proceedings.
2. The load on the courts, as well as the speed of the postal service, to which notifications about the date of the trial are sent.
3. Will the defendant file an appeal after the divorce within the time limits established in the Code of Civil Procedure of the Russian Federation? The same month is allotted for this from the date the decision is made from the date it enters into legal force. If the appeal is accepted, the court will convene another hearing, but in this case the decision will be final.
4. Will the defendant challenge the legality of the actions of the representative of the law? Such cases are rare and often become precedents in judicial practice. As for the timing, challenging can delay the procedure for 2 months.

Also, the duration of the process can be affected by incorrectly executed documents, as well as the deliberate desire of the other party to delay the moment of separation until the last minute. In such a situation, citizens often ignore court hearings, although they regularly receive summonses. This is not a way out of the situation - if two failures to appear at the hearing for the third time, the spouses are divorced in absentia.

At the same time, citizens have the right to request a postponement of the proceedings if the reason for the absence of one of the parties is valid. For example, the defendant is seriously ill and is in a medical facility or has gone on a long business trip abroad. To do this, you will need to submit an application with an accompanying document confirming extenuating circumstances. However, it will not be possible to endlessly postpone the date of the hearing, since this infringes on the rights of the plaintiff to dissolve the marriage union on his initiative. Sooner or later the couple gets divorced.

Which children are considered minors?

According to the standard of law, a citizen who has reached 18 years of age becomes an adult, according to Article No. 21 of the Civil Code of the Russian Federation. But there is one exception.

After reaching 16 years of age, a person has the right to undergo the emancipation procedure and receive full legal capacity early. The reason for emancipation may be marriage and the birth of a child, running a business, or employment under an employment contract.

Emancipation serves as the reason for the termination of child support obligations in relation to the child. Therefore, parents with an emancipated child under 18 years of age can divorce through the registry office. After all, there will be no need to assign alimony for him.

Briefly about the main thing

• If the husband and wife agree to divorce and they do not have children aged 0 to 17 years inclusive, then they can apply for divorce through the registry office;
• You can submit an application through the civil registry office (where the marriage took place, or at the place of registration of the husband or wife), through the MFC or State Services;
• If one of the spouses is in another city, he can send an application certified by a notary and a receipt for payment of the state fee to the second spouse to file a divorce;
• If the husband or wife is deprived of legal capacity, declared missing, or is serving a prison sentence of 3 years or more, then the second spouse can divorce through the registry office without his consent;
• The maximum waiting period for a divorce at the registry office is 30 days from the date of filing the application;
• The cost of the procedure in 2021 is 650 rubles. from each spouse.

Divorce through the registry office and controversial issues

Couples divorcing through the registry office, despite mutual consent, may have some controversial issues that cannot be resolved voluntarily. For example, about the division of joint property. Or about alimony payments in the case when one of the spouses is disabled and in need. Such issues can be resolved through court.

You can go to court separately, regardless of the method of divorce. Such issues are resolved in court under the conditions of an existing marriage, during divorce proceedings or after a divorce. That is, you can file a divorce through the registry office, and then file a claim for division of property, or to collect alimony from your ex-spouse.

Divorce by mutual consent in the presence of children

As with any case in court, it is necessary to go through several main stages:

• preparation and collection of documents, as well as drawing up a statement of claim and paying state fees. At this stage, the spouses discuss formal issues regarding the division of property, if any, and also determine with whom the child will remain and who will be responsible for paying alimony.
• filing a statement of claim in court and waiting for the opening of proceedings for divorce.
• participation in court hearings and case hearings.
• making a positive decision or refusing to satisfy claims.
• execution of a court decision.

Note!

In court proceedings regarding divorce in the presence of minor children, the court will pay special attention to the issue of child custody, the procedure for paying alimony, the schedule of meetings between parents and children, etc. In other words, the issue of divorce itself fades into the background until the main issues are resolved.

Special cases of divorce in the registry office

The law provides for several more situations when a marriage is dissolved through the registry office. Moreover, in these exceptional cases, it is not necessary to comply with the two conditions that we described above. That is, the consent of the second spouse and the presence of minor children in the family do not matter.

Civil registry offices dissolve marriages at the request of one of the spouses in the following cases:

• Recognition of the second spouse as incompetent through the court. Incapacity means a person’s inability to adequately perceive reality and make informed decisions. That is, the consent or disagreement of the incapacitated spouse does not matter. Also, the incapacitated spouse will still not be able to pay child support.
• Recognition of the second spouse as missing or deceased through the court. Naturally, in such situations it is impossible to obtain the consent of the second spouse for a divorce, as well as to collect child support from him. In this case, the marriage is dissolved unilaterally.

ATTENTION! Strictly speaking, a court decision on the death of a missing spouse does not require an additional divorce procedure, although this is not directly stated in the RF IC. However, it is enough for the second spouse to contact the appropriate authority, where, on the basis of a court decision, they will issue a death certificate for the citizen. Based on the death certificate of one of the spouses, according to Article No. 16 of the RF IC, the marriage will legally cease to exist. And you won’t have to pay a fee for divorce. If a decision is made about unknown absence, and the second spouse wants to end the marriage, he will have to apply to the registry office for its dissolution.

• Serving a long criminal sentence by one of the spouses. A court verdict, according to which one of the spouses is sentenced to a term of more than three years for committing a criminal offense, is a document giving the second spouse the right to dissolve the marriage unilaterally. This is done through the registry office.

In the listed cases, the state duty is significantly lower than that paid by spouses who jointly dissolve a marriage by mutual consent.

Submission of documents

When filing an application for divorce directly to the registry office, you can contact the district department at the place of permanent or temporary registration of the spouses, or the department that registered the conclusion of the union.

When contacting the registry office, you need to pay attention to the stand with the distribution of offices. Specialists accept documents on weekdays, from 9.00 to 17.00. Reception of citizens is carried out on a first-come, first-served basis. The last working day of the month is a sanitary day.

The applicant has the right to submit documents for divorce to the MFC. The branch must be located on the territory of the city or district at the place of registration of the citizen. The specialist will check the documentation and set a day to contact the regional registry office. To formalize the dissolution of the union, one of the spouses must personally visit the authorized body and submit original documents.

An application for divorce by mutual consent (sample) can be submitted electronically through the State Services service or the regional website of state and municipal services. When using Internet resources, the electronic form is signed using an individual electronic signature.

Each applicant fills out an application from his personal account. The spouses come to register the divorce in person. If the applicant fails to appear on the appointed day, the divorce will not be formalized.

A person who is in prison submits documents in writing. The citizen’s signature is certified by a notary, the head of the pre-trial detention center or the GUFSIN institution. The document is sent by mail to the registry office. The second spouse must be personally present at the registration of the divorce.

If the spouse is not able to submit an application in person or through an electronic service, then the law provides for the possibility of submitting documents through a representative. The authorized representative provides the specialist of the district registry office with a package of documents for divorce and additionally encloses a power of attorney certified by a notary and a personal passport.

How to get a divorce through the registry office

The standard divorce procedure through the registry office consists of several stages:

• Drawing up and signing a standard application requesting divorce (forms No. 8,9,10, forms will be issued directly at the registry office)
• Payment of state duty (payment details will also be provided at the registry office)
• Visiting the registry office 30 days after filing an application to register a divorce
• Obtaining divorce certificates (each of the former spouses independently receives their own copy)

Let's look at each of the stages in more detail.

Documents for filing a divorce

Filing of documents for divorce is carried out at the place of residence of one of the spouses or at the registry office where the marriage was registered. The deadlines and documents required for considering the issue of dissolution of marriage relations are determined by the RF IC.

Package of documents

• standard application (drawn up according to a template form);
• civil passports of both spouses;
• marriage certificate;
• payment document confirming the transfer of state duty.

The state fee for filing an application for divorce is set in the amount determined by the Tax Code of the Russian Federation. Its size is 650 rubles (this amount has not changed since 2015). Both parties are required to pay the fee. When filing one petition for divorce signed by husband and wife, the state fee is still paid by each party.

Submitting an application

The standard application form is established by the regulatory documents of the civil registry office. The form of such a document includes the following mandatory details and sections:

• name of the territorial civil registry office;
• personal data of the parties (full name, date and year of birth, citizenship, place of residence);
• details of the marriage registration act (series and number of certificate, date of issue);
• passport details of each spouse;
• surnames that will be left by the parties after the divorce.

After the breakup of the family, the ex-wife has the right to keep the surname assigned during marriage or take her surname before marriage. At the time of marriage, the spouse also has the right to take his wife’s surname. After a divorce, he has similar rights: to keep the surname adopted in marriage or return to the previous one. However, cases of a spouse adopting his wife’s premarital surname when registering a marriage are not widespread.

The divorce application is signed by the husband and wife, and the date the document was drawn up must be indicated. After 30 days from this date, the divorce procedure must be completed. After a divorce, each party is issued a divorce certificate, certified by the seal of the registry office.

Application form for divorce

Application for divorce and other documents

Different forms of a standardized application for divorce allow divorcing spouses to choose the most convenient filing mode for themselves:

• Come to the registry office together and submit applications
• Do this at a different time convenient for everyone
• Create a document with a notarized signature and give it to the second spouse so that he can file the application alone on behalf of the two

When visiting the registry office, you must have your passports, marriage certificate, and fee receipt with you.

You can find out the details and make the payment in advance or directly on the day of submitting the application (at the nearest bank or post office, where you can go, pay and bring the receipt to the registry office employee while he is processing your documents).

List of documents for filing a claim

Documents are prepared in 2 copies: for the defendant and for the court. They include:

1. Marriage certificate.
2. Certificates from the registry office for children.
3. Statement of claim.
4. Agreements, if they were concluded between wife and husband (alimony, distribution of property, place of residence of a minor child).
5. Proof of payment of the fee (checks from the bank; printout of the receipt paid in Internet banking or electronic money).
6. Inventory of the disputed property.
7. Documents received from the appraiser, for example, an appraisal report for the disputed property.
8. Prenuptial agreement, if available.
9. Information about the defendant’s earnings and his sources (when making alimony claims).
10. Certificate for a house/apartment or rental agreement. This will serve as proof of the availability of housing if a dispute arises over which parent will take the child.

The collected documents can be submitted to the court for consideration in 3 ways:

1. Personally handing them over to the receptionist of the judicial authority.
2. By sending electronic copies using the State Automated System “Justice” (you need a confirmed account on the State Services website or an enhanced qualified electronic signature).
3. Make a judicial power of attorney for a third party and ask him to hand over documents.

Divorce terms through the registry office

Unlike the judicial procedure, which can drag on for many months, the period for divorce through the registry office is exactly 30 days. No less, but no more (unless the spouses are unable to appear on the appointed day and postpone the date a day or two later).

The month period during which the application for divorce lies in the registry office virtually without movement is analogous to the “period for reconciliation of spouses” appointed by the court.

If the decision to divorce is made under the influence of strong emotions, within a month the “passions” may fade, and the divorce will not take place. In practice, this happens quite rarely, but it still happens to young spouses who have not yet had time to have children.

It is possible that a “month to think” is useful for them, and helps to save a family that is in danger of being destroyed due to a trifling quarrel.

ATTENTION! Divorce through the registry office is regulated by Article No. 19 of the RF IC and the Federal Law “On Acts of Civil Status” (Chapter IV). By studying these documents, you can learn all the rules and subtleties of the process.

Property division

In order to quickly, without litigation, dissolve a marriage in the absence of minor children, the application submitted to the registry office must indicate the absence of property claims of the spouses against each other.

During the month allotted for drawing up the divorce deed, if necessary, the issue of dividing the property base can be resolved by agreement. To do this, it is advisable to draw up a voluntary agreement to regulate in detail the issues of distribution of movable and immovable property and funds. For the agreement to become a legal document, it must be certified by a notary. This method of resolving disagreements can be used if you are confident in the prospects for a pre-trial settlement of the issue of division of property.

If it is not possible to peacefully resolve all the material and financial problems that arise after the breakup of a family, the divorce procedure becomes more complicated. The divorce process proceeds to the court, where, after a lengthy trial, a decision is made to dissolve family relations and distribute property between the parties. The timing and scheme of such a judicial procedure are determined by the norms of the civil legislation of the Russian Federation. In addition, the amount of state duty that the parties are required to pay to the state budget increases.

Registration of divorce

The divorce procedure in the registry office is absolutely formal and does not imply finding out its reasons, searching for those who are right and wrong, attempts by third parties to reconcile spouses, etc. After the expiration of the month, the registry office employee performs the following actions:

• Makes an appropriate entry in the civil registration book
• Issues a divorce certificate to each spouse
• Makes marks and marks in passports

If a divorce occurs unilaterally with an incapacitated spouse or a prisoner, within a month the registry office notifies the spouse serving the sentence and the guardian of the incapacitated spouse (in his absence, the guardianship and trusteeship authority) of the divorce.

On the day appointed for divorce, at least one of the spouses must appear at the registry office. Otherwise, the divorce application will be annulled. You will have to submit it again and wait a month again. If both spouses cannot come to the registry office on the appointed date for a valid reason, they must notify the registry office employee and ask to reschedule the date.

Lawyer's answers to frequently asked questions

If both spouses agree to a divorce, can they divorce on the same day?

No. When submitting an application to the registry office, the review period is 1 month. In case of termination in court, a certificate based on the decision can be issued on the day of application, but preliminary legal proceedings lasting at least 30 days are carried out.

My husband and I both agree to separate, but we have a dispute about property. Where should we go?

A divorce can be filed at the registry office if there are no children, then the property can be divided in court. If the claim price is over 50,000 rubles. You should contact the district court at the defendant’s place of residence.

We decided to separate from my husband, but he is in prison. Where should I go and what documents do I need?

Art. 19 of the RF IC allows in such a situation to disperse unilaterally. What it looks like:

1. The initiator collects documents, which include a certified copy of the verdict that has entered into force, a passport, and an application in Form No. 11.
2. After submitting the documentation, the registry office sends a notice to the EC to the second spouse about the received application.
3. The completed certificate is issued within a month. The second is sent to the detainee by mail.

The simplified procedure applies regardless of whether those divorcing have children or not.

Certificate

Similar to a marriage certificate, a divorce certificate is the main document confirming its fact. The marriage certificate will be confiscated.

Spouses receive two identical (except for the number and series) documents. They indicate:

• Names of former spouses (if one of them changes his last name after a divorce, this is also indicated)
• Place of registration and divorce
• Date of divorce, date of amendments to civil registries, date of issue of certificate

Procedure and process of divorce with consent and children

The dissolution of a marriage with children and with the consent of the husband and wife proceeds in the same way as any other divorce proceeding.

Conventionally, it can be divided into the following stages:

1. Negotiations between spouses and reaching an agreement on divorce, as well as on the future fate of the children.
2. Preparation of claims and documents.
3. Their filing with the court followed by the submission of additional papers as part of the preparation of the case.
4. A court hearing in which spouses can either be present or ask the court to consider the case in the absence of one or both parties.
5. Making a decision and its entry into force (within 30 days).
6. Execution of a court decision: applying to the registry office to register a divorce by court.

There are no unique features to be found here, except that the procedure for divorce from spouses who have given each other the go-ahead will take place quickly and without unnecessary delays. As happens when a husband or wife evades a visit to court.

The “children’s” issue can complicate the consideration of the case if suddenly one of the parents begins to create obstacles for their recent marriage partner and tries to insist on keeping the child for themselves.

In this case, the case will be sent to the district court, because only it is authorized to resolve such disputes.

Important! When drawing up a claim, it is better to take care of consulting a competent lawyer, because violation of the requirements of Art. 131-132 of the Code of Civil Procedure of the Russian Federation to the claim and documents will first entail a delay in the acceptance of the claim by the court, and then - if the plaintiff does not correct the mistakes made - the return of the claim. No one is stopping you from correcting all the shortcomings and submitting the documents again, but valuable time will already be lost on unnecessary correspondence.

Sample application for divorce by mutual consent of spouses and children

A statement of claim for divorce under such conditions must be drawn up according to the rules of Art. 131-132 Code of Civil Procedure of the Russian Federation. The law in these norms contains general requirements for a claim, but not a single law contains any conditions for divorce by consent and in the presence of children.

The claim will need to indicate

To draw up a claim, it is better to enlist the help of a lawyer, but you can try your hand at it yourself. Use the example below, but remember - it reflects only one of hundreds of possible combinations and only a lawyer will draw up a 100% correct claim.

Documentation

Along with the statement of claim, you must submit a mandatory package of documents. Their composition may vary depending on the individual characteristics of the divorce and the relationship of the spouses.

The package listed below will have to be collected in any case:

1. Statement of claim: original 1 copy for the defendant.
2. A copy of the plaintiff's passport.
3. Copies of certificates: marriage; about the birth of children.
4. Certificates about the place of residence of children.
5. Characteristics, other certificates and other evidence related to the reasons for divorce (optional).
6. Receipt for payment of duty.

All documents are submitted in copies, and the originals must be taken to court and shown to the judge at his request.

Where to apply? Jurisdiction of the claim

Claims for divorce in the presence of children are considered by magistrates' courts. Since there are several court districts in one city, you need to choose the one that is located at the defendant’s place of residence.

But the Code of Civil Procedure of the Russian Federation also provides for the right to choose jurisdiction for a plaintiff with whom a minor child lives or who has health problems. Preventing people from going to the place of hearing the case.

In this case, the plaintiff has the right to choose whether to file at the defendant’s place of residence or to bring the claim “at home.” The choice is given only of one of these two options; you cannot choose a third-party court for filing.

If there are circumstances for choosing jurisdiction, they must be confirmed to the court with the following documents:

• certificate of children's place of residence;
• medical report or discharge summary confirming health problems.

Expenses

The fixed cost of filing a claim consists only of the state fee, the amount of which is 600 rubles.

Additionally you will have to pay 650 rubles. for obtaining a divorce certificate. This does not have to be done immediately after the decision enters into legal force. But to prove the fact of divorce to social authorities or during employment, this information will be needed.

In addition, a specialist from the Civil Registry Office will put a divorce stamp in your passport.

This amount is paid before filing a claim, the original check or receipt is attached to the statement of claim.

Additionally, you may need to pay for a lawyer’s services for drawing up a statement of claim and for appearing in court if you entrust him with the conduct of the case.

A lawyer’s services are paid exclusively according to his tariffs, so it is not possible to even roughly predict the amount of expenses.

Deadlines

The period for consideration of a divorce claim is 1 month.

After the decision is made, you will need to wait another 30 days for the decision to come into force and only then will it be possible to complete the divorce by receiving a divorce certificate from the registry office.

The period may be delayed if:

1. If there is a dispute about children, the case will go to the district court, where the review period will be 2 months.
2. The defendant or plaintiff will appeal the court decision. It is hardly possible to find sound reasons for appealing a divorce decision, but this is quite possible and will delay the end of the case for another 2-3 months.

To avoid delays, you should voluntarily appear in court and not interfere with the consideration of the case. The spouses will be divorced in any case if one of them does not agree to continue the relationship, so any obstacles to a speedy divorce are pointless.

How much does a divorce through the registry office cost?

The amount of state fees for divorce through the registry office is determined by Chapter No. 25.3 of the Tax Code of the Russian Federation. They are:

• 350 rubles for a unilateral divorce from a spouse serving a prison sentence, incompetent, or missing.
• 650 rubles when filing a joint application for divorce (paid by each spouse)
• 650 rubles for issuing a divorce certificate (paid by each spouse)

The fee is paid strictly according to the details of the specific registry office department conducting the divorce procedure.

No other costs will be required for a divorce through the registry office.

Payment of state duty

Let's look at how to file a divorce through the registry office by mutual consent. The district registry office accepts documents for divorce by mutual consent if there is information about payment of the state fee. The payment amount depends on the type of application submitted.

When paying the fee in the general manner, the amount is charged to each of the applicants. The documents are accompanied by 2 receipts for 650 rubles or one for 1300 rubles. Spouses of citizens who file for unilateral dissolution of the union are exempt from paying state fees for divorce.

When paying the fee through a bank branch, the amount of the fee will increase due to the commission. You can pay without additional costs through online banking (Sberbank online, Faktura).

Important! A common mistake when paying state fees is using incorrect details. To avoid erroneous payment, you must take the data from the MFC or the regional registry office.

When submitting an application through State Services, payment of the state fee is carried out using the portal. To use the portal, the applicant must register and confirm his identity. Confirmation is carried out in person (through the MFC, post office), using Internet banking (Pochta Bank, Sberbank), by entering a code from a letter from the portal or by electronic signature.

Electronic service State Services provide a 30% discount when paying state fees using the portal. The initiator submits an application on the website. Within 5 – 10 minutes the portal will issue an invoice for payment. You can pay using a bank card, mobile phone account (federal operators) and electronic wallet. The discount is valid until 01/01/2019.

Conditions for dissolving family ties

This method of ending family relationships is the simplest and least painful.
You don’t have to tell others about your problems and what is happening between citizens. The legislation does not even provide for stating the reason in a written appeal. The temporary period takes about one month. However, to use this method, the following conditions must be met:

• making a decision by mutual consent;
• there are no children under 18 years of age in the family;
• There are no disagreements on property and financial issues.

Important! The main condition is the full consent of both parties.

Divorce with children

If both spouses decide to end their cohabitation and they have minor sons or daughters together, then the question of who they will stay with will be decided in court.
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The exception is those offspring who were born in another marriage. In this case, the children remain with their natural parents.

If the children are over eighteen years old, then the divorce is carried out at the registry office by mutual consent.

The law provides for the case when sixteen-year-old children are given the status of emancipated citizens. Then they are considered an adult, and the procedure for dissolving marriage ties is simplified.

If there are no children, the issue is resolved exclusively through the state registration authorities.

There are no mutual claims

Provided that the former spouses have resolved financial and property issues peacefully, then in this case only the divorce process is documented.

There will be no division of real estate or solution to the problem of who the children stay with. To clarify such claims, it is worth contacting the courts.

Unilaterally

Legislative acts permit the absence of one of the participants in the process. This can happen in cases where the husband or wife:

• recognized by the court as missing or passed away - if you have available documents confirming this, one of the spouses can go to court;
• incompetent - the conclusion is made by medical professionals, and the final decision is established by the judicial authorities;
• is in prison - there must be a court order stating that the citizen has been sentenced to more than three years.

Attention! If such reasons exist, the presence of children is not taken into account. The marriage is dissolved through the registry office by mutual consent without the presence of the second spouse.

Divorce through city or district court

If the spouses were unable to reach an agreement on the issues of living together for minor children, on the payment of alimony and the division of joint property, the value of which exceeds 50,000 rubles.

On this resource you can fill out an application electronically and receive a 30% discount on the amount of state duty. The site makes it possible to prepare documents for submission to the registry office, both by mutual agreement and on the basis of a court decision. Below is all the data describing the entire procedure. There, on the Internet portal you will be able to find out what day and time you can come to receive your certificate.

This procedure significantly saves time and money.

When you quickly divorce your husband, your wife will not succeed

Alas, most married couples can only dream of a quick divorce. Most often, this is caused either by the abundance of disagreements about children and property accompanying the dissolution of the marriage, or because of deliberate obstacles on the part of the other spouse.

Problems with a quick divorce will arise in court if:

• One of the spouses protests against the termination of the relationship and insists on reconciliation, which will entail the court setting a conciliation period of 1 to 3 months;
• One of the spouses avoids appearing in court, which may lead to repeated postponement of the case;
• Along with the divorce claim, a division of property is filed, or the spouses argue about the place of residence of the children, which is subject to consideration in the district court with at least a 2-month hearing period.

IMPORTANT: In practice, disputes about the division of property or the upbringing or residence of children combined with a divorce claim can be considered for up to six months. This is due to the appointment of various examinations, during which the proceedings in the case are suspended.

How long does the divorce process last?

In order for a family relationship to be officially considered dissolved, a certain period of time is required. When applying to the registry office, this period is 1 month from the date of submission of the application.

The law does not allow a divorce to be filed earlier, even for good reasons.

In court, divorce proceedings can last six months or more. This is due, firstly, to the fact that the court, at its own discretion, has the right to give the spouses a three-month period for reconciliation or reduce it to one. Practice shows that many couples reunite during this time, and the divorce procedure is no longer required. Secondly, meetings can be postponed and rescheduled many times for various reasons. Therefore, it is very important to quickly come to compromises on issues of raising a child, alimony, and other things, so that the divorce does not become protracted.

The marriage is dissolved from the moment the decision takes legal force, and the court itself sends an extract from the decision to the registry office.

Divorce methods

Family law provides for two key ways to end a marriage:

• Judicial procedure - through the magistrate's court;
• Administrative procedure - through the registry office.

The grounds and conditions for termination of marriage, in one order or another, are set out in the table below.

Divorce in court will take place:

• In the magistrate's court - if the spouses have decided with whom the child will remain, and also if they have no disagreements on this matter;
• In the district court - if, along with the termination of the relationship, the court has to decide with whom to leave the child and the spouses have not reached a consensus on this matter.

Resolving all possible conflicts is the fastest way to a quick divorce.

How to fill out an application

For an urgent divorce, you will need to write a corresponding application. The procedure is quite simple and lasts a few minutes. When a divorce is filed by mutual consent, both the woman and the man need to confirm their voluntary intention by filling out a form.

In the application, everyone must indicate their full name, place of birth and date. Citizenship is also indicated. Spouses must write the registration address and information from the passport. Information about the act record is also indicated.

Sometimes a party plans to change their last name. In this case, the new one must be indicated in the appropriate column. At the very end they write the date and put signatures.

If the husband and wife have no complaints

The time frame for a divorce by mutual consent with or without a child will be significantly shorter if the couple has no claims against each other. In this case, there are fewer stages of the divorce process. The simplified version assumes that the husband and wife have agreed on the division of valuable property.

If all the issues are resolved, the task of the body that registers the divorce is only to register a new status. If the husband and wife still have some unresolved issues, the registry office will not help them. The couple will need to go to court.

Registration procedure

The procedure for divorce by mutual consent lasts about a month.
You need to start by submitting an application. To do this, it is advisable to clarify in advance the days and times of reception at the registry office and agree on the possibility of visiting the organization together with your partner. After this, you will only need to wait for the final decision.

The whole event takes place in the following sequence:

1. Filling out a written request to break family ties. Application No. 8 for divorce by mutual consent or No. 9, if drawn up unilaterally;
2. Payment of appropriate fees for services to the state budget;
3. After thirty days, go to the civil registration authorities to obtain certificates.

The last visit can be done one at a time. After all, everyone will be given their own documents.

Where to contact

The law of the Russian Federation provides for different ways to coordinate the place and time of filing papers. After the final decision is made, citizens can use the following options:

• register on the state service portal;
• through the multifunctional center.

This will help you choose:

• the required registry office department - depending on the registration of citizens or the place of the previous marriage;
• date - the schedule in each branch is individual.

When formalizing the breakup of a family unilaterally, it is necessary to notify the other half in writing. One month is allotted for this. If a citizen is declared incompetent, his guardian or guardianship authorities are notified.

Note! If both spouses are absent from the registry office at the appointed time, the meeting will be postponed.

Required documents

Since divorce through state registration authorities involves a simplified system, you will need to provide very few papers:

• a written request (form No. 8) reflecting the wishes of the partners;
• identification documents;
• Marriage certificate;
• receipt of payment of contributions.

Read also: What does civil marriage mean?

We submit an application to the registry office

Both parties are required to complete the documents themselves.
The right side is designed by the wife, and the left by the husband. The following data is indicated:

• Date and place of birth;
• place of residence;
• passport details;
• last name, first name and patronymic of the applicant;
• citizenship or nationality;
• number of the marriage registration certificate.

If, after a divorce, citizens wish to change their surname, this must be indicated. At the end a signature is affixed.

Sample applications

The text of the application is placed on one side of the sheet.

How to quickly divorce your wife

The procedure for divorcing a wife is no different from the process of divorcing a husband, but still has several features that should be taken into account in order to end the marriage as quickly as possible.

IMPORTANT: The main difference between the process of divorcing a wife on the initiative of the husband is the prohibition on unilateral termination of marriage in cases where the wife is pregnant or when less than a year has passed since the birth of a joint child. This must be taken into account when planning a quick divorce from a wife who is pregnant or caring for a child under 1 year old.

With her consent

The easiest and fastest way to end a marriage with the consent of the wife is in the civil registry office, and for this you must appear with your wife at the civil registry office and together submit a request for termination of the marriage.

Wherein:

• Both spouses must agree to the divorce;
• They must not have children under 18 years of age;
• The application must be submitted and signed by both spouses.

If the wife cannot come, she can send a notarized application and the divorce will take place without her participation, but subject to the mandatory presence of the husband at the registry office.

Note: If, despite the possibility of getting a divorce in the registry office, the spouses have disagreements regarding the division of property, it is not at all necessary to resolve them along with the divorce. Property can be divided both during a divorce and after it, so it is best to formalize the termination of the relationship in the registry office, and only then deal with the property in court. In any case, it is better to consult with an experienced lawyer who will tell you what to do in a given situation. Our lawyers are ready to give you a free consultation.

Without a wife

As with a divorce in the absence of the husband in the registry office, you can divorce without a wife in the registry office only with the full consent of both spouses and the wife submitting a notarized application.

Another option for divorce without a wife is possible only in the following cases:

• Deprivation of her legal capacity based on a court decision;
• Establishing the fact of her unknown absence;
• Conviction of a prison sentence of three years or more upon conviction.

In this case, the husband will file a divorce without his wife and within 1 month, even despite the existing difficulties with children or property. The wife will be notified about the divorce procedure only when she is serving her sentence.

It is also possible to get a divorce without a wife without any problems, unless the spouses have small children under one year old or the court becomes aware of information about the wife’s pregnancy. In this case, divorce will be possible only with the express consent of the spouse to terminate the marriage.

In all other cases, to quickly end a marriage without a wife in court, you need to:

• Indicate in the claim all known addresses of residence and registration of the wife;
• Take measures to assist the court in notifying it;
• Justify the need for a divorce without her participation.

The court, having notified the wife two or three times, will in any case make a decision on divorce, even if she does not appear at the hearing. However, remember that subsequently the wife has the right to cancel the default judgment and demand a review of the case if she proves that her presence could have influenced the course of the consideration of the case.

You can find out more about the divorce procedure without a wife here.

Note: If the wife wants to delay the divorce process, she can first cancel the default judgment, and then, if the decision does take place or the cancellation of the decision is denied, she can appeal the judicial act to the appeal. All this will delay the divorce for several months. That is why it is better to resolve the issue peacefully by agreeing to end the marriage by mutual consent.

Procedure

Many people are interested in the question of how long the process of divorce by mutual consent takes. The duration of the urgent procedure is a month. However, it only takes a few minutes to submit the necessary documents. The same amount of time is needed to pick up the papers after the procedure is completed.

To avoid delays, spouses must first agree on the time and other details. In this case, the divorce by mutual consent of the ex-wife and her husband will end on the scheduled date. It is necessary to find out from the authority that will deal with the divorce process what days are allocated for such cases. Nobody registers marriage and divorce at the same time.

Those who do not know how to file for divorce at the registry office by mutual consent should take into account all the conditions for the implementation of their plans. Otherwise, the civil registry office may refuse the procedure.