Every couple has experienced at least once in their life difficult period, which subsequently could lead to the breakup of the family. Some spouses tried to save the marriage. But not every couple can survive a situation where everything starts to fall apart, so often a divorce is the only way out. The process of dissolution of marriage is a complex procedure, not only from a moral point of view, but also from a legal one. The main problem arises when both spouses are too categorical, share property, children and treat each other extremely aggressively. But not all young people know where to apply to legalize a divorce.

Where to get divorced?

When it comes to filing for divorce, you need to find out next questions:

1. At the address of registration of which of the spouses, an application is submitted.
2. How much time is allotted for reconciliation:

• If there are no children;
• If there are children.

If the spouses agree to break up marital relations, then the application is submitted to the registry office.

If there is a dispute, then you need to go to court. Documents are registered at the place of residence of the couple.

The authorized body dissolves the marriage if the couple has no children. Otherwise, the spouses must go to court. The claim is sent to the address of the defendant's residence. Spouses will be provided with a minimum month for reconciliation. The court may not accept the claim if the couple has a child under 1 year old. In other words, applicants will have to wait until the baby reaches established age. Based on the results of the judicial review, the parties are issued a judicial act, which is the basis for divorce through the registry office.

Divorce at the place of residence of the applicant

It happens that it is unbearable for both spouses to be together in the same apartment, so they disperse even before the start litigation. However, you can apply for a divorce at the place of residence of the applicant in special occasions:

• You can file for divorce at the address of registration of the plaintiff, if for health reasons he cannot divorce at the place of residence of the defendant;
• You can also apply at the place of residence of the plaintiff if a common child lives with him.

Otherwise, papers should be submitted at the place of registration of the second spouse.

Divorce at the place of residence of the defendant

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Usually, an application for divorce is sent to the place of residence of the defendant, who is a participant in the future litigation and is considered a violator of the rights of the plaintiff (applicant). In the absence of a dispute over children, an application for divorce can be filed with a justice of the peace. Otherwise, the claim goes to district court. If the document contains several requirements, then the plaintiff independently decides where to apply. If the applicant does not know the place of residence of the defendant, then the claim can be filed at the last address of residence. Before filing a divorce suit, you must prepare a package of documents and pay a state fee. Summons will be sent to the parties after the opening of the court proceedings. The parties to the proceedings or their representatives may take part in the hearing of the case.

What documents need to be prepared?

The list of documents depends on where exactly it is sent. If the application is submitted to the registry office at the address of registration, then the spouses must attach:

• Registration document marriage union;
• judicial act;
• Receipt of payment of state duty;
• Identification.

Spouses must indicate in the application that they do not have common young children and mutual claims. Additionally, you need to specify:

• Passport details of the spouses (full name, address of registration, place of residence, citizenship);
• Details of the marriage document;
• The reason for the divorce (you can write a few general facts, for example, quarrels, misunderstandings).

The issue of withholding alimony or division of property is decided through the court. The application can be submitted at the place of registration of the plaintiff, at the place of residence of the defendant. If he does not have Russian citizenship, then the papers are provided at the place of residence. If it is impossible to find out, then you can apply to the court at the address of the property. Attached to the claim:

1. Certificate:

• About marriage registration;
• About the birth of children.

1. Certificate from the child's place of residence.
2. A document confirming the payment of state duty.
3. Spouses' passports.
4. Power of attorney.

If the parties wish to clarify additional questions, then the claim should be accompanied by:

1. Claimant's claim document.
2. Documents supporting the stated claims:

• marriage contract;
• Agreement on the payment of alimony;
• Legal documents for real estate;
• Description from the employer;
• income statement;
• Accounts for services at the place of residence of the plaintiff;
• Judgment;
• Notarial consent to divorce;
• Other documents.

Divorce is an extremely serious process, so you should know all the nuances: what documents to provide, at the place of residence of which of the spouses.

So that there are no questions and rash actions, you can contact a specialized specialist and discuss how the divorce will proceed.

Attention! In connection with latest changes in legislation, the legal information in this article could be out of date! Our lawyer can advise you free of charge - write a question in the form below:

Divorce is an unpleasant procedure and spouses want to complete it as quickly and painlessly as possible. Therefore, they are looking for ways to terminate the relationship, even if they are not registered there.

Marriage registration not at the place of registration is general practice in RF.

A couple can choose any registry office that she likes, without reference to the territorial place of residence or registration. This greatly simplifies the very procedure for concluding marriage bonds, because you can get married at any time and in any place without waiting for the newlyweds to be able to arrive at their place of registration.

In fairness, it must be said that when people want to conclude them, any obstacles are not a hindrance. But when they decide to leave, they want to do it quickly and without bureaucratic delays. And here a reasonable question arises, is it possible to file for divorce not at the place of registration? And what should you pay attention to when terminating a relationship?

Sometimes it seems that the whole policy of the state is aimed at preventing people from quietly getting divorced and dragging out this procedure to the maximum. Is it so? Does the state really put spokes in the wheels of those who are getting divorced, or are these measures aimed at giving time to the spouses to think over the situation again and not make a hasty decision?

If a couple has decided to get a divorce, then she should know that it is possible to carry out such a procedure according to the law:

1. Turning.
2. By filing a claim with the court.

These methods are not interchangeable, but mutually exclusive. That is, a couple can apply either to one or another organization according to the availability of initial data.

When we are talking about divorce through the registry office, the spouses have the right to apply:

1. In the department where they registered their relationship.
2. At the place of registration of the husband.
3. At the place of residence of the wife.

As can be seen from the above, it is impossible to come to any nearby registry office and apply for a divorce.

However, this does not mean that the number of options is reduced to a minimum. If one of the spouses given period time is in another city and cannot apply for a divorce at the registration address, then he can do the following:

1. Register at your current place of residence and then apply. But it should be remembered that applications for termination of relations in the registry office are accepted simultaneously.
2. Write a consent to the divorce and notarize it by sending it to the second half at the place of residence. Then the second spouse will be able to divorce without calling the husband or wife to the city of registration. Consent can be sent directly to the second half, then it is necessary to notarize the possibility of representing their interests by this person. You can send an application directly to the desired registry office, and the second spouse will appear in person and write consent on his behalf.

So, there are quite a few options for termination, despite the fact that there is a territorial binding.

What documents will be needed?

The divorce process, like any officially conducted procedure, requires. For this reason, filing an application with the registry office for termination of relations or a claim in Judicial authority, requires preliminary collection of documents. The main criteria for divorce are the presence of previously registered official civil relations.

Packages of documents will vary depending on how people part ways. If the application is submitted to the registry office, you will need to bring with you:

1. IDs of both parties.
2. The act of registration of marriage relations.

If the claim is submitted to the justice department, then the applicant will need to collect papers according to the following list:

1. Applicant's passport.
2. The act of earlier registration of marriage or its duplicate.
3. Documents for existing minor children.
4. Certificate from the housing department about the place of residence and other family members.
5. If necessary, paper with an official indication of income.
6. Forms on the presence of property to be divided.
7. Agreements on credit or mortgage obligations, which are also divided during divorce proceedings.

The court may require other additional forms, it all depends on specific situation and purposes stated at the time of application.

Divorce procedure through the registry office

Only those couples who have a simultaneous set of the three listed prerequisites can part by means of:

Reciprocity of desire

That is, both parties are not against divorce, which they will declare during a personal and simultaneous visit to the institution.

Lack of joint minor children

They can be adopted or born both in marriage and outside it, the main thing is that the husband and wife have an official parental status in relation to them.

There are no associated claims for the division of property

Even if there is a divisible, this issue can be resolved separately in court after parting.

To contact the registry office civil status, it is necessary that the divorce affect the interests of adult members only family unit. In addition, the desire of both parties to end the marriage period is very important. If one of the couple is against parting, then this dilemma can be solved only in judicial order.

Divorce procedure through court

If the initial conditions do not allow a simplified divorce procedure, then any member married couple may go to court. Claims are always put forward by only one party, and the other party is the defendant.

Is it possible in a city where it is not registered? Let's say right away that the registration of the plaintiff does not play a decisive role, because according to the law claim filed at the place of registration of the defendant. Where exactly to file an application depends on the requirements expressed in it. If there are no problems with determining the place of further residence of minors, and the division of property is not declared or its total value does not exceed 50 thousand rubles, then it is necessary to apply to the world court. If there are disputes about children and their further custody, as well as divisible values ​​exceeding 50 thousand rubles, the district court will consider the claim.

How to get a divorce certificate while in another city?

It always turns out in the registry office, even if the divorce procedure went through the court.

When the relationship is terminated through the registry office, the document is issued on the day of the divorce, to the spouse who came to testify the inviolability of intentions and only after paying the fee, but it is paid in advance. If the other half could not appear at the registry office for a divorce, then she can receive a certificate later. To do this, you will need to come to the institution in person or issue a power of attorney to receive it to another person who can come to the desired department.

When divorcing through a judicial authority, the former spouses will first need to pay the state duty for issuing a certificate, and only then receive it separately from each other at any convenient time. Receipt is possible in the previously described two ways, either in person or through an official representative.

You will be interested

A situation may arise in which the husband and wife in the marriage have not actually been one family for a long time and do not maintain marital relations. But if the husband decides to enter into new marriage? What should a citizen do who needs to terminate the union, but there is no way to come to his city? How to resolve the issue without violating the rights of the parties?

If registration of a marriage outside the place of registration is absolutely legal, then with a divorce, everything is somewhat different. A limited list of bodies responsible for the decision has been determined this issue. Depending on the situation that has arisen, the termination of the union is possible:

• through the registry office;
• through the court.

The first option is possible if the divorce occurs by mutual agreement, without common and adopted children. The court order is:

• for couples in which one of the spouses is against the dissolution of the union;
• for families with a child;
• for spouses wishing to share joint property.

Important! You can apply for a divorce at the registration or place of residence, or at the registry office where the union was concluded.

The place of residence of a citizen is understood as:

• address of permanent registration (registration);
• address of registration at the place of residence (actual).

Thus, it is possible to file for divorce not at the place of registration. They can breed:

1. The registry office in which the union was concluded.
2. Court or registry office, at the place of temporary registration of one of the spouses.

Decor

Divorce outside the place of registration usually differs in terms. It is difficult to say how much time the applicant will have to spend to achieve his goal. However, if the spouses are serious, a long period waiting will not deter them.

In order to speed up the process, you can register at the place of residence. This will only help if the union will be submitted to the registry office.

Is it possible to get a divorce outside the place of registration? In order to file for the termination of the union in another city through the court, you must:

• make an application;
• collect the necessary documents;
• pay the fee;
• send all the specified information by letter to the court at the place of registration of the second spouse.

For compiling statement of claim you can contact a lawyer. However, it is easy to do it yourself.

In the upper right corner we indicate:

1. Full name of the court at the place of residence of the second spouse.
2. Applicant's data (full name, address, telephone number).
3. Respondent's data (full name, address, telephone number).

Required documents

The documentation required for the dissolution of a marriage differs depending on the authority to which the applicant applies.

For the registry office

In order, the following documents are required:

1. An application filled out personally by each of the spouses.
2. Form of registration at the place of residence.
3. About payment of state duty.
4. Passport.
5. About the conclusion of the union.

The application form can be obtained from any registry office. The document must be completed by each of the spouses personally.

For court

In order to get a divorce in court, you must submit the following documents:

Depending on the individual situation, additional information may be required.

If the spouse is from another city

Separately, it is worth considering the situation when, in fact, the marriage has already broken up, the husband and wife live separately, and one of them is in another locality. There are situations in which the husband has been living for many kilometers from his wife for a long time and does not have registration at a new place of residence. Then the termination will be fraught with certain difficulties. To get a divorce without a residence permit, the husband must:

1. Apply to any registry office at the new place of residence for an application form.
2. Fill out the form on your behalf.
3. Get the document certified by a notary.
4. Send it to the registry office at the place of registration or at the place of conclusion of the union.
5. Report this to your wife.

Further actions depend on the spouse. After the delivery of correspondence to the selected registry office, the wife must personally apply to the department with a statement on her behalf. On the appointed day (after a month), the woman must appear for divorce registration.

Important! Personal presence of at least one citizen from married couple upon dissolution of marriage is a prerequisite.

Mutual consent of the parties

by the most simple option is a spouse. It does not matter how the termination will be executed: through the registry office or in court. The voluntary decision of the husband and wife to terminate the marriage greatly simplifies the process. If the spouses do not have children in common, the husband and wife must:

1. Contact the registry office at the place of registration of one of them.
2. Apply.
3. Attach necessary information and a stamp duty check.
4. A month later, re-apply to the department for registration of a divorce.

If you have children under the age of 18, you must:

If the husband and wife live separately, you need to apply to the court at the place of registration of the one who will be recognized as the defendant.

Important! If both spouses agree to the termination, but they have questions about the division of property, in the absence of children, this is decided separately.

The choice of the registry office

If the husband and wife live in different parts of the city or even settlements, by registration or place of residence? The solution to this issue is based on the agreement of the spouses. You can contact:

1. If the husband has temporary registration, an application for divorce can be submitted to the authority at the place of residence. The wife needs to come to apply or send the application by mail.
2. If the husband does not have registration, the divorce will be registered at the wife's place of residence. The spouse will be required to submit a properly completed application.

Filing for divorce at the last known place of residence of the husband without registration

If the wife does not know the whereabouts of the husband, it is not possible to apply for a dissolution, as the other spouse must be notified of the divorce. However, in a situation where the whereabouts of the husband is unknown, the spouse must file a claim for recognition of him as missing. Upon receipt of a court decision establishing this fact, the wife can file for the dissolution of the union through the registry office in a simplified manner.

Obtaining a divorce certificate in another city

Obtaining a document certifying the fact of termination of the marriage union is possible with the help of the State Services service. The location of the applicant does not matter. For this you need:

1. Register on the portal.
2. Confirm the profile, for example, by mail.
3. Activate Personal Area using e-mail.
4. In the section "Public Services", subsection "Family", you must apply for a document.
5. The fee is paid on the portal.

The document will be issued by the selected registry office. To do this, you must submit a passport with a mark on the termination of the marriage.

Therefore, a divorce outside the place of registration is a possible procedure, but it will take more time and effort. So that the second spouse does not have to travel to another city, you can use postal forwarding, but the goal will be achieved.

1 question:

Is it possible to apply for divorce in Moscow if both spouses are registered at the place of residence in Voronezh, and the marriage was registered in Novosibirsk? There are no children, both agree to a divorce.
Answer:
An application for divorce by mutual consent of spouses who do not have common children who have not reached the age of majority can be submitted to the registry office at the place of residence of the spouses (one of them) or to the registry office at the place state registration marriage. Thus, you have the right to apply with a joint application to the registry office of Voronezh or Novosibirsk.

2. Question:
I want to file for divorce, but my husband lives in another city, he cannot come, I agree to a divorce. What are my actions?
Answer:
In the presence of mutual consent for divorce and in the absence of common minor children, you can file joint statement on divorce to the registry office at the place of residence or at the place of registration of the marriage.
Since your spouse does not have the opportunity to appear at the registry office to submit an application, his will can be formalized as a separate application for divorce, his signature on this statement must be notarized.
If you have common minor children, registration of divorce is possible only on the basis of a court decision.

3. Question:
I would like to know what documents need to be submitted for divorce. There is a minor child. Which registry office to contact (where the marriage was registered or is it possible in any?)
Answer:
If there are common minor children, the issue of divorce is resolved in court.
Registration of divorce is carried out in the registry office at the place of residence former spouses(one of them) or at the place of registration of marriage on the basis of a court decision that has entered into legal force.
It is also necessary to present an identity document and pay state duty for registration of divorce.

4. Question:
My ex-husband got a divorce certificate, but I didn't. Now we are going to sign again. Do I need to get my certificate or will my spouse's document suffice?
Answer:
A certificate of dissolution of marriage is issued to each of the persons who have dissolved the marriage. Thus, when applying for a next marriage You must submit your named instance.

5. Q: The marriage was contracted and annulled in Switzerland by the competent Swiss authorities. They withdraw the marriage certificate when filing for divorce. After the trial, each of the spouses is given a copy of the process itself and the words of the judge, where he announces the divorce. Thus, there is no document belonging to a certain person.
Do I need to get some other document or certify the papers that I have at the Russian consulate in Geneva? Answer:

In accordance with Article 13 of the Federal Law of November 15, 1997 No. 143-FZ "On acts of civil status", documents issued by the competent authorities foreign countries as a certificate of acts of civil status committed outside the territory Russian Federation under the laws of the relevant foreign states in relation to citizens of the Russian Federation, foreign citizens and stateless persons are recognized as valid in the Russian Federation in the presence of their legalization, unless otherwise established by an international treaty of the Russian Federation.
The Russian Federation and Switzerland are parties to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (The Hague, 05.10.1961).
In this regard, for the recognition of documents on the conclusion and dissolution of your marriage in the territory of the Russian Federation, an apostille must be affixed to them by the competent authority of Switzerland. Translation of documents into Russian is recommended to be certified by a Russian notary. Otherwise, the apostille is also affixed to the notary's signature.
To request personal documents drawn up by the competent authorities of foreign states from the territory of these states, you must contact the Consular Department of the Russian Ministry of Foreign Affairs at the address: 119121, Moscow, 1st Neopalimovsky lane, 12.