Recently, the number of divorces has been growing rapidly. Many spouses planning a divorce are interested in the amount of state duty. Only government agencies are involved in the divorce process; for this service you need to pay a fee and carry out the required procedures. There are some peculiarities that depend on whether there are small children in the family and conflicts between spouses. You will be able to get a divorce only if you file an appeal to the court or the registry office.
The amount of the state fee depends on which authority you contact. In 2021, money must be paid in advance. If you do not pay the state fee, the registry office has the right to refuse to register a divorce in 2021. Therefore, this point is important in the divorce process. The state fee for divorce must be paid to each spouse separately. The state duty is a federal tax that authorities cannot change at the local level.
Amount of state duty for divorce in 2021
State fee for divorce. Price table:
| Condition | Amount of payment | Who is obliged to pay |
| Divorce through the registry office if there are no disputes and no children | 650 rub. | Each spouse |
| There are circumstances for contacting the registry office if the initiative comes from one spouse | 350 rub. | Applicant |
| The case has already been considered, you just need to get a divorce certificate | 650 rub. | Both spouses |
| The couple wants to divorce through court | 600 rub. | Plaintiff |
State duty validity period
Sometimes it happens that for some reason the application to government agencies is postponed, but the state duty has already been paid. This can happen when spouses change their minds about getting a divorce or unforeseen circumstances arise.
Don't worry: this document has a certain validity period. So, if the spouses decide to end their family relationship through the registry office, the receipt will be valid for a month from the date the money is transferred to the recipient’s account.
In case of divorce proceedings through the courts, the document is valid for 3 years. But the funds will not be returned to the payer.
In 2021, it is mandatory to pay state fees for divorce, regardless of whether the divorce process is going through the court or the registry office. The amount depends on various aspects: the presence of joint real estate, common minor children, etc. In this case, both parties to the process must pay the fee.
Should both spouses pay state fees during a divorce or just one?
Remember that the state fee for divorce must be paid by both spouses. If there are grounds for a unilateral divorce, for example, the second spouse is in prison, considered missing or officially deprived of legal capacity, only the applicant must pay the state fee.
Important!
The state provides benefits that exempt from paying state duty. Veterans, disabled people, citizens applying to court as part of proceedings to receive alimony.
Where to get details and get a form to pay the divorce fee
The details for paying the state fee for divorce differ for different localities. It will not be possible to pay for a divorce, for example, at the Kostroma registry office, if you transfer money to the account of an authority located in Ivanovo.
Before you start collecting documents for divorce, you need to clarify the details directly with the authority where the application will be submitted - in a specific registry office or court. To do this, you can come or call the desired institution or use the information on the website.
The form for paying the state fee for divorce to the court or for the registry office is taken from the authorized body, exactly where the process itself will take place. The necessary data has already been entered into it. You can also download the required form from the organization’s website and print it.
Divorce through court
In the event that one spouse is against divorce, or there are children, an application for divorce must be filed in court. In this case, you will need to pay a state fee of 850 rubles. You will also have to pay for the issuance of documents. As a result, the amount will be about 1,700 rubles.
If there are children in the family and a division of property is planned, the duty will be a larger amount.
If the application contains a request for alimony for a minor child, 150 rubles are added to the amount of the state fee.
If alimony is also required in favor of the second spouse, an additional payment of about 300 rubles will be required.
To file a divorce through the court, you must provide the following documents:
- Statement of claim.
- Plaintiff's passport.
- Marriage registration document.
- Birth certificates of minor children.
- Receipt for payment of state duty.
- If the claim is filed by a lawyer instead of the plaintiff, a power of attorney must be issued.
You also need to write a statement about the division of property. It can be filed at the same time as the divorce application. You can also do this later.
As a rule, you need to file a claim for divorce at the address of the second spouse, who is the defendant. You can file at your own address if the family has small children, or the plaintiff has health problems, due to which he cannot leave the house.
To confirm payment of the state fee, you will need to provide a receipt. It must contain data (filled in by the payer on the ATM screen):
- Payer's full name and passport details.
- Name of the institution receiving the fee.
- Recipient's bank details.
- Name and amount of payment.
- Amount of state duty.
Other legal costs in the divorce process
Legal costs include the cost of paying a fee, a lawyer, and conducting a property appraisal.
They are paid by the defendant when the initiator presents the corresponding demands upon satisfaction. If the claim is partially satisfied, expenses are compensated in proportion to the satisfied part (Article 98 of the Code of Civil Procedure of the Russian Federation). When appointing examinations and other actions on the initiative of the court, payment is made from federal budget funds.
According to Art. 101 of the Code of Civil Procedure of the Russian Federation, if the claim is abandoned, the plaintiff’s costs will not be compensated. When drawing up an agreement, the costs are distributed by the parties independently.
How to pay the state fee for divorce in 2021
There are several options for paying state fees during a divorce.
- You can act through the bank.
You must contact the institution's cash desk. The disadvantage of this method is that it takes about 7 days for the payment to arrive through this organization. Additionally, you need to spend time waiting in line. - Through the Russian Post Office.
This method has the same disadvantages as when paying through a bank. - Through an ATM.
It can be found in bank or court offices. A person can immediately pay the state fee and take a check. - Through online banking.
This method greatly simplifies the payment of state fees. The person must provide an electronic receipt. It must be printed and then attached to the application. - Through the Federal Treasury
, if the divorce is filed through the court.
Is it possible to defer or install payments?
Despite the fact that the amount of state duty for a divorce is not so large, some are still interested in the question of deferring it or installing it in installments. Let us say right away that when applying to the registry office you will have to pay immediately; there are no ways to “push back” the payment during an administrative divorce.
This can only be done if the spouses are divorcing through court. The presiding judge, at the request of an interested party, may decide on:
- deferment - payment of state duty after the occurrence of an event or after a certain time has passed;
- installment plan – making payments in installments.
The judge makes a decision based on the financial situation of the party. Therefore, the application must be accompanied by documents confirming the validity of the request. This could be a dismissal order, a medical report about the presence of a serious illness that prevents employment, etc. If a citizen with a normal income asks for a deferment or installment payment, the judge will not grant his request.
The application is submitted simultaneously with the statement of claim. It will not be possible to apply for a deferment or installment plan during the process, since a claim received without payment of the state fee will not be accepted for consideration.
Payment of state duty through State Services
You can also pay the state fee by going to the government services website. This is done if the family wants to divorce through the registry office, or if they need to obtain a divorce certificate issued by the court. The deposit of funds must occur simultaneously with the submission of the application:
- You need to confirm your account in the system.
- If you have an account on the site, you need to go to the official system page in your personal account.
- Next, click on “Login”.
- If you don't have an account, you need to register and confirm your details.
- Then click on the “Service Catalog” item and enter the word “Marriage” in the search. The system will provide a list that indicates the available capabilities.
- You need to click on the inscription “Registration of divorce”. Then review the list of actions and choose the one that suits you best. The system allows you to contact the registry office to draw up divorce documents if there is a court decision, or go to the authority to dissolve the marriage.
Then you need to fill out a form with the required information. If the application is submitted for the first time, both spouses must participate in the processing of the application. Each person must complete half of the application from their account. Then you need to pay the state fee. The amount is transferred remotely. When filling out an application through government services, the applicant receives a 30% discount.
If the divorce is filed through the registry office, you will need to pay 455 rubles.
The system will send a notification that the procedure has completed successfully. Next, you need to follow the application through your personal account. The page will indicate the date, time and location of the reception. You need to go to the registry office on the required day and pick up the divorce certificate. If a couple plans to divorce through the court, the State Services website is not suitable for this purpose.
"Expiration date" of the receipt
It is important to know that the document confirming the payment of the mandatory fee is not valid for an indefinite period. You cannot pay the state fee and bring it to court after 5 years. The payment has its own validity period, which depends on the status of the recipient. Thus, the state duty to the court is valid for 12 months from the date of payment. During this time, the applicant has the right to attach it to the statement of claim for divorce.
If the state fee was paid for the registry office, its validity period will be 36 months from the date of payment. During these three years, the spouses must file for divorce, otherwise the receipt will be canceled. If you apply again, you will have to pay the fee a second time.
If applicants who applied to the registry office for some reason did not receive the public service in question, the amount is not refunded. The reason why the spouses did not divorce does not matter. This rule is established by Art. 333.40 of the Tax Code of the Russian Federation.
If you go to court, the state fee may be returned.
In order to get your money back, you must:
- Submit an application addressed to the head of the local tax authority.
- Attach to the application the original payment order or receipt, details of the bank account where the funds will be transferred, and other documents that became the reason for refusing the divorce.
- Submit an application to the tax authority. This can be done in person or by mail.
- Wait for the period established for consideration of appeals from individuals.
- Get money.
Refunds are made within 30 days from the date of application.
What categories of citizens are exempt from paying state fees for divorce?
According to the rules, a divorce cannot be filed without paying the state fee. But there are beneficiaries who do not need to pay for it. They are:
- People who have disabilities of groups 1 and 2.
- Heroes of the Soviet Union and Russia.
- People who were awarded the Order of Glory.
- People who took part in hostilities and received the status of veterans.
The exception is disagreements regarding property issues with a claim that exceeds 1 million rubles.
If a person files a divorce and writes an application to receive alimony, tax must be paid only for the divorce. If a person has not paid the state fee, then specialists will not even consider the divorce case.
How much does it cost to divorce (legal assistance)?
During a divorce in the registry office, when the collection and preparation of special documents is not required, just a consultation with a specialist costs from 500 rubles.
When everything is complicated, the couple has a conflict over property, children, or one of the spouses is against terminating the union, then you cannot do without the services of a lawyer. In this case, the cost of a divorce in court may consist of the cost of services for:
- drawing up an application to the court - approximately 5 thousand rubles.
- protection of interests in court - 12 thousand rubles.
- appealing a court decision - 5 thousand rubles.
There may also be additional notarial expenses (to certify an agreement on the division of property, alimony, who the children will stay with after the divorce, etc.).
