Hurry in any life situations- rarely leads to good consequences. But the time is now and there is a habit of doing everything quickly so as not to miss the luck. Yes, only relationships need to be built like a house - thinking through the steps, and most importantly - a strong foundation. And if the foundation is weak, and does not withstand trouble, financial problems, then you have to separate.

And if the relationship was registered, then the couple is awaiting divorce proceedings. It is easier, in this case, if the family has no common minor child. Divorce is always unpleasant, although the divorce procedure through the registry office without children is the easiest and most sparing option for breaking relations between spouses. This process has two features:

1. Consistency of actions divorcing
2. Arrangement on the place where they will go to obtain a divorce.

Also, a divorce through the registry office can be obtained by a couple if their common children are already adults and are capable, and joint property they don't have. Which means they don't need it in any way. And does not matter, adopted child, adopted, or native, most importantly - common for a couple. So, both parents should take care of him.

Submitting an application to the registry office

You can contact the registry office either in the nearest, relative to the place of residence former family, or based on the registration of the husband (wife). Also, they often apply for a divorce in the same place where the marriage registration took place. But the latter, at all, is not necessary, because the city where the couple received a marriage certificate can be located hundreds of kilometers away from them.

The very first step is to submit an application. His joint submission speaks of the mutual consent of the break in relations. This application has a certain form (No. 8), where the information is prescribed:

• about those who file for divorce and also the details of the documents that serve to identify the divorcees;
• statements, about the document confirming the marriage;
• here a decision is made about the surnames of the spouses, whether the wife will remain with the same surname or change it to the previous (maiden) one;
• signatures of the divorcing persons and date.

A feature of such an application for divorce will be that it is not necessary to indicate the reasons for the breakup. The submission process has three options:

1. Personally apply to the registry office.
2. Use the Internet portal of public services.
3. The Multifunctional Center can also serve as a vehicle for applying.

But if the applications are submitted separately, but the decisions of the spouses are mutual and agreed, then the signatures on such a document must be certified by a notary. If a person is in correctional institutions, in custody, his signature is certified by the authorities of this place.

Also, at the request of one of the spouses, a divorce through the registry office is possible in such situations (even if the couple has a minor child):

• one of them is incapacitated (recognized during the judicial procedure);
• husband (or wife) disappeared without a trace (full name, as well as the address of residence of the person managing the property of the missing person);
• one of the divorcees was sentenced to more than three years (a statement of form No. 9 is used, which indicates: the reason for the divorce, the place where one of the spouses is serving a criminal sentence and the court decision).

Obtaining a divorce through the registry office, in accordance with the procedure established by the legislation of the Russian Federation (Articles 19 and 20) without children and property, is carried out in about a month or a little longer.

Required documents

Spouses who have decided to divorce, but at the same time, maintain peaceful, friendly relations, discuss future procedure divorce in advance. Coordination of actions and joint work, on the collection and preparation of the necessary, for official divorce, documents, allows you to speed up this process.

Not without reason, divorce through the registry office without children and common property, is considered the simplest, most sparing option for breaking off relations. The documents that will be required during this process are quite simple to collect. Their list includes:

1. Mutual statement, divorcing parties.
2. Marriage certificate (exclusively the original).
3. Passports of both spouses.
4. Receipt of payment of the fee in the amount established by the law of the Russian Federation: 650 rubles (directly, from both husband and wife).

To the application, form No. 9 (husband convicted, incompetent, missing), additionally, the following documents will be required:

• a court decision, which is the basis for the imprisonment of one of the divorcees;
• recognition of the incapacity of the spouse, issued by the court;
• confirmation of a missing person, which is officially proven.

The state duty, in this case, is 350 rubles. Regardless of the place of divorce: the registry office in the city, the consulate of the Russian Federation abroad or local government(villages, districts in the city) the list of required documents does not change.

It is worth remembering that the specialists of the registry office check all documents submitted by you for their authenticity. Their duties include: a conversation with each of the divorcing spouses personally, as well as checking the correctness of filling out the divorce application.

If all the documents are collected, the actions of the spouses are agreed, then a month later, the registry office issues a certificate of divorce (each of the spouses has its own copy). If, at the appointed time, none of the divorcees received this document, according to the divorce procedure, it is not registered. Divorce does not occur.

This means that if neither of the spouses received a certificate on time, the couple is considered to be married (they changed their minds about breaking off the relationship). Circumstances did not allow either the wife or the husband to come to the registry office - get ready to start the divorce process all over again. The RF IC in this matter clearly prescribes the time frame for each of the stages of the divorce procedure without children and property.

Conclusion

It is impossible to start life in a new way, if you do not put an end to the past. With a registered relationship, it becomes necessary to dissolve the marriage and resolve all issues related to this process. When the spouses have agreed, and there are no children or property in the family, they should contact the registry office.

If one of the spouses is against divorce, then it will be trial approximately within 3 months. Also, the court may give time for the family to reconcile, and this will further remove the time of your freedom.

Therefore, for quick exit from the situation if the family is not tied common child, house, car, joint business, the law of the Russian Federation provides the option of divorce through the registry office. In the IC of the Russian Federation, you can familiarize yourself with the procedure and procedure for divorce without children. The main thing is to pick up the divorce certificate on time, otherwise it will be canceled.

Dissolution of marriage, or simply divorce, is the termination official relations between husband and wife during their lifetime with the issuance of the relevant document. Article 18 family code The Russian Federation states that divorce is dealt with strictly defined by law government bodies. In Russia, divorce is possible through the registry office or through the courts. A marriage that has been officially registered is subject to dissolution, civil marriage between cohabitants is not terminated.

Application and other documents for divorce through the registry office

The implementation of a divorce through the registry office is easier and faster than through the courts. But not every marriage is subject to such termination, for this two conditions are necessary:

The registry office, located at the place of residence of the family or one spouse, considers the application for divorce. This procedure does not require additional study of the circumstances and reasons that led to the divorce, therefore, it proceeds much faster than through the courts. The employees of the registry office do not interview witnesses, do not consider evidence, do not look for causal relationships. A simple and uncomplicated process is extremely convenient for young, inexperienced couples who got married by mistake, but realized it in time.

At the moment when the divorce is registered in the registry office, the applicants must be present there in person. Divorce through intermediaries is not allowed by law. There are cases when a divorce is necessary, and the second spouse is not able to appear for the following reasons:

• Declared missing by the court.
• Declared incompetent by a court decision.
• Imprisoned for more than 3 years.

In such circumstances, one spouse has the right to apply to the registry office. In addition to the above documents, he provides a copy of the court decision on recognizing the spouse as missing or incapacitated, a copy of the sentence of imprisonment.

Divorce by mutual consent

There is an opinion that a divorce by goodwill and mutual consent of a husband and wife is faster and more painless, because there is no need to negotiate, to convince someone of the inappropriateness cohabitation. Both parties want a divorce, which makes things easier. But not always everything goes easily and simply, not every couple manages to leave, limiting themselves to the divorce process in the registry office. After receiving the long-awaited certificate, many other issues arise, which only the court has the right to decide. For example, problems arise when dividing joint property.

There are cases when married couples divorce quietly, peacefully, without division and scandals. There are no less of them than high-profile divorces, just spouses try not to advertise their relationship. Divorce by mutual consent, when the husband and wife do not make property or other claims against each other, and also do not have children under the age of 18, is carried out by the registry office.

What documents are needed for a divorce without children and property

Spouses who have applied to the registry office to dissolve the marriage, who are ready to give mutual consent, who do not have young children and property claims, must write joint statement according to Form No. 8 and attach the following documents to it:

• Passport.
• Certificate of registration of marriage.
• Receipt confirming the fact of payment of state duty.

If there are minor children

If both spouses want a divorce but they have at least one minor child, the divorce proceedings are conducted by the Magistrate's Court at the place of registration of residence. It is not an ordinary application in form No. 8, as for the registry office, but a claim is drawn up. It is served in writing from both spouses and contains the following details:

• Who is applying and to whom.
• Title of the application.
• Spouses cohabitation time.
• Personal data of children (name, place of residence, date of birth).
• Reason for divorce.
• Whether or not a place agreement has been drawn up permanent residence children after divorce, about the division of property.
• Request to formalize the dissolution of marriage.
• Date and signatures of applicants.

The application must be accompanied by the same copies of documents as for the registry office, in addition - copies of birth certificates of children, written agreements on the future residence of children and the fate of property.

If everything is filled out correctly, the agreement on raising children does not contradict the current legislation, the court will quickly consider the request and decide on a divorce. The decision of the court enters into full force after a certain period of time, which is stipulated in its text. When specified deadline will pass, and there will be no grounds for filing an appeal, you can safely go with a court decision to the registry office and draw up a certificate of divorce.

Divorce fees

Regardless of whether a divorce is made through the registry office or through the courts, the amount of the state duty will be the same - 400 rubles per applicant, it is regulated by Article 333.26 of the Tax Code of the Russian Federation. The amount of the state duty is reduced by half and amounts to 200 rubles, when one spouse applies for divorce, and the second is incapacitated, missing or convicted and imprisoned for a period of more than three years.

How to file a divorce through the registry office: procedure and procedure

After the only true and irrevocable decision to divorce is made, the spouses must come to the registry office at the place of registration, or to the body where the marriage was registered. You should write an application in the prescribed form and provide all the documents specified by law. Don't forget to pay the state fee and attach a copy of the receipt. It is best to apply in person, passing the documents from hand to hand to the registry office employee. He will set the date and registration number on your copy of the document.

If the spouses cannot personally arrive at the registry office, you can download the application form on the Internet, fill it out correctly, send it along with necessary documents by mail or by scanning, send by e-mail. It doesn't matter which method of submitting documents you choose, the consideration period will remain stable - the decision will be made no later than 1 month from the date of registration of the application.

While the application is being considered, the spouses are encouraged to negotiate, resolve some important questions and conclude an agreement in which they indicate how they intend to divide the jointly acquired property. The contract is concluded exclusively in writing, so that subsequently none of the former spouses will not retract their words, and for reliability it is certified by a notary. After a month, the former spouses personally come to the registry office to obtain a certificate of divorce.

The main points of the divorce process in the registry office are discussed in the video.

How long can a divorce last: terms

The term for divorce through the registry office is clearly specified by law - a month from the date of application. So much time is given not at all for registration necessary documentation. The month is intended for the spouses to think about their decision. They are given the opportunity to reconcile and withdraw the application. After all, having made a spontaneous decision, spouses can then regret it all their lives. The month is counted from the date of application to the registry office. If the term ends on a weekend, then a certificate of divorce will be issued to you on the working day following the weekend.

Divorce application sample

The text of the application in form No. 8 (divorce by mutual consent of the spouses) indicates:

• The registry office where the application is submitted, and from whom.
• Application type.
• The request for a divorce by mutual consent of the spouses is confirmed.
• Personal data of husband and wife (passport data, address of residence registration, citizenship, date of birth, signature).
• Surnames, which spouses wish to bear after a divorce.
• Reasons for divorce.
• Details of the marriage registration certificate.
• The presence or absence of minor children.
• The date the application was written.

A sample of the application form is provided in the photo.

Divorce, even if it happens peacefully, without trial, by the mutual will of the spouses, is still a very unpleasant event. Unfortunately, sad statistics say that after 7 years life together every second married couple begins to think about divorce. Every young couple should clearly understand that making a decision on creating a family is balanced, deliberate, because the family is sacred. Just making sure you're ripe for family relations with this person, having tested your love and mutual respect with time, decide to enter into an official marriage.

It just so happens that in our country, almost a fifth of all marriages break up in the first three years of marriage. As a rule, during this period, spouses do not always have time to have children. Therefore, in most cases, an application is submitted to the registry office for divorce without children. But even in this case, when the spouses do not have any claims against each other, certain nuances are possible, which you need to know in order to divorce your wife competently.

It is necessary to gain courage and in a tactful manner, to calmly discuss everything that does not suit you, how long it has been happening, the prospects for further life together, as well as the opportunity to have time to start life from scratch.

You need to try to make the person agree with you. Then the divorce will take place by mutual agreement, without excess stress. It will also be possible to maintain good relations and seek help from each other in difficult moments of separation.

How to divorce a spouse when there are no children, there is consent

It is easiest to divorce your wife when the divorce occurs without children and without a property dispute. In this case, you will need the following:

1. Personal presence of the spouses (or a notarized statement of one of them);
2. Statement of the established form in the registry office;
3. Payment of state duty (one payment).

A sample application (on the form - form 8) for divorce in the absence of children can be taken directly from the registry office.

IN this statement should contain the following information:

• the name of the registry office office where the application for divorce is filed;
• the address where the applicant lives;
• surname, name, patronymic of the spouses;
• date, month, year of birth;
• which country the applicant is a citizen of;
• passport data;
• Marriage certificate details:
• it is also necessary to enter the names that the spouses leave for themselves after the divorce.

Passports are required here (basic data are taken from them during the application process). The procedure for breaking off relations in this case will be completed in a month, after the spouses have written and registered the corresponding application.

The legislator has set such a period in case the couple suddenly changes their mind and decides to withdraw their application. It should be remembered that throughout this period the written document for divorce without children and property disputes should not change. Otherwise, you will simply be sent to court.

Consent and no children

In practice, cases are not uncommon when only one of the spouses needs a divorce, and the other in every possible way prevents the divorce through the registry office without children. This will definitely have to go to court. Regarding the documents that will be required to start the divorce procedure without children and without consent, their duplicates can always be obtained from the authorities where the originals were issued. To initiate a divorce proceedings in court, you will need:

• statement of claim - ;
• receipts for payment of state duties.

The law provides for the possibility of considering the case without the presence of the plaintiff, for this the corresponding desire must be reflected in the application. Under this option, the judgment will be sent to the plaintiff by registered mail.

It is worth noting that the division of property can be a subject of dispute, both during the divorce process and after its completion for three years.

Usually a divorce through a court without children, if there is no property dispute, does not take much time - from a month to three. It all depends on the position of the second spouse. It is important to understand here that the divorce of spouses without children can be extended in time due to a court decision to give the spouses time for reconciliation. The law allows up to three months for this.

If the second of the spouses completely ignores the court hearings, while being properly informed about them, the divorce unilaterally without children is possible after the third failure to appear at the scheduled meeting.

Features of a unilateral divorce

The legislation provides for cases when only one person can write an application for divorce without children. The sample application in this case must contain a reason indicating the legally provided right, namely:

• second of married couple incompetent;
• spouse (wife) are in prison with a sentence of more than three years in prison;
• the absent spouse has gone missing.

To file a divorce in the registry office without children, you need to provide a copy of the court decision with a note that itentered into legal effect and has not been appealed. Then the state duty will have to be paid in smaller size. You can find out the specific amount for a certain date by reading the relevant norm of the Tax Code.

When unilateral divorce an application form is filled out (form 9), how to fill it out, we will explain below:

1. The full name of the division of the registry office is indicated, to which the package of documents for divorce is sent;
2. The content of the application must include information about the intention to dissolve the marriage with the spouse, and his (her) full surname, name, patronymic;
3. Spouse information and information about last place residence of the spouse, whose whereabouts are currently unknown (in case he went missing);
4. The reasons for the divorce, on the basis of which the applicant applied, as well as information about the court decision on recognizing the person as missing are indicated;
5. Passport details of the applicant;
6. Details of the certificate of registration of a previously concluded marriage.

If the application is written by the wife, then she must also fill in the column indicating the surname, which will remain with her after the dissolution of the marriage.

In case of incapacity of the spouse, it is necessary to indicate the address and full name. guardian.

If the spouse is serving a sentence of imprisonment, the details of the institution are indicated. in which it is located.

There is a property dispute, but no children

If there are no children in the family, and the spouses decide to leave, but they have a property dispute, this can be done in two main ways. The first is to file documents for divorce through the registry office, terminate the marriage, and then sue for the division of property. In this case, the litigation will be considered between two free citizens who are free to simultaneously equip their new family life.

But in most cases, when there is a dispute over property, the claim for divorce through the court without children is filed together with the requirement for the division of property. Then the divorce procedure without children can be significantly delayed, and the spouses will formally be married all this time and bear mutual obligations. Therefore, it is more expedient to initially file an application for divorce to the court, break off relations, and only then proceed to the division of the acquired property together.

Is it possible to simplify the divorce, make it quick?

Of course, the order of the divorce process without children with mutual consent greatly simplifies the task of formalizing and arranging later life. After all, you do not need to think about how to pay alimony, help the child in Hard time or just be with your child.

You should strive to terminate the relationship through the registry office, and not through the court, since the latter option is longer in time and is accompanied by negative emotions and stress. Moreover, usually the court maintains a certain time for the spouses to make a final decision; clarifies all the details family life to confirm the impossibility of further existence of the family.

In order to reduce the duration of the divorce process in judicial order it is necessary to strive to reach a compromise, drawing it up in the form of an agreement with a notary, which will not allow one of the parties to refuse previously accepted agreements in court. On average, a divorce through the court takes at least 3-4 months.

It should be noted that the registry office can file a divorce without minor children, if there are still children in the family. In other words, if your children are over 18 years old, you also have the right to go to the registry office, apply and in a month receive a document confirming the break in relations.

For those who are afraid to get divorced because of child support, you should know another rule of law, according to which you can issue child support without a divorce. So you won’t be able to get away from the maintenance of your child, if you wish the second of the spouses.

In what cases will a divorce be made as quickly and freely as possible?

1. Availability mutual consent spouses file for divorce;

2. If the spouses live separately for a long time and there is evidence of this;

3. absence of children, or the age of children exceeded 18 years;

4. Husband or wife is serving a sentence of imprisonment;

5. One of the spouses has been declared legally incompetent by the court.

How much does a divorce cost in 2018?

The price varies depending on the city. in which a statement of claim is being prepared and the status of a law office. We suggest focusing on the following numbers:

Preparation statement of claim with a package of documents - 5 - 7 thousand rubles;

Representation of interests and their protection at a court hearing - 10 - 15 thousand rubles;

Appeal of a decision made by the court - 5 - 7 thousand rubles.

Given the negative residue that remains after the decision to break off relations, it is advisable to initially find for yourself best option legal registration this process so as not to injure yourself and your former spouse (spouse). Everything happens in life, it's better to stay in the distant, but good relations, after all, little will turn fate in the future.

It's even better to hear each other's complaints, try to change both of them and save the family!

The Family Code of the Russian Federation secures for our citizens the right to terminate a marriage and provides for the procedure for divorce proceedings through the registry office. There are two ways to end a marriage:

• in the registry office;
• judicially.

Termination of marriage through the registry office

Divorce through the registry office is the most popular and easiest option for dissolution of a marriage between a married couple. Already 30 days after both spouses left documents for divorce through the registry office, they become free.

Note! The divorce procedure in the registry office, of course, is simpler than in court. However, this can only be done if the husband and wife, who do not have common minor children (child), decide to divorce by mutual consent.

Divorce in the registry office is significantly different from the same procedure that is carried out through the judicial authority. What are the features of the procedure for terminating a marriage through the registry office?

• First of all, state institutions are not interested in the reasons, as well as the motives of the spouses, do not require any evidence or facts, except in cases where the marriage is dissolved on the basis of a court decision.
• The deadlines for the termination of the marriage cannot be changed. Therefore, divorce lasts as long as provided by law. If within the specified period of time, the parties withdraw the application and the need for divorce disappears, the termination of the marriage will not occur. These circumstances include: the return of a spouse who was declared dead or missing, the occurrence of a judicial error during the sentencing of conviction.

You can obtain a divorce certificate through the registry office at the same time under the following conditions:

• mutual consent of the couple;
• absence of minor children;
• no property disputes.

According to its purpose, the registry office is obliged to draw up accomplished facts of a legal nature, and not to resolve disputes that have arisen. Thus, the desire of one of the spouses to terminate the marriage or the presence of property claims exclude the possibility of divorce through the registry office.

Note! An insurmountable obstacle to the termination of marriage in the registry office is the presence of children.

If there are children, the registry office has the right to divorce married couple, only if one of the spouses is missing, and also recognized as incapacitated, or is for a period of 3 years.

In which registry office can you get a divorce?

Spouses can file documents for divorce at one of the local registry offices: at the place of registration of one of the spouses, or at the one where their marriage was registered.

In which registry office to get a divorce? Here everything is decided by the comfort and accessibility of the institution for those who are getting divorced. The spouses can go and file for divorce together, or they can go separately, but the decision to end the marriage must be made by them in concert.

There are situations when one spouse fails to appear at the registry office to get a divorce. Here, the legislation makes it possible to fill out an application outside the registry office and transfer it with the help of another spouse, or. However, there is an important condition: the signature of the spouse who is missing must be confirmed by a notary. If the spouse is a convict, then it is approved by the head of the correctional institution.

How to get a divorce through the registry office

Submission of an application by mutual consent

1. At mutual consent A married couple fills out a divorce application that states:

   • place of birth of the spouses;
   • Date of Birth;
   • citizenship;
   • nationality (as the applicants wish);
   • details of the document confirming the marriage;
   • surnames assigned by spouses upon termination of marriage;
   • details of documents that confirm the identity of both spouses;
   • applicants' signatures;
   • date of the application.

   The application is signed by both spouses. Or everyone draws up and signs their own application, but they must be identical.

   According to Art. 33, clause 3 of the Federal Law on Acts civil status provides for the submission of separate applications for the termination of marriage in the event that one of the spouses cannot appear in the registry office.

   When one of the spouses does not agree to a divorce

2. In the event that one of the spouses is missing or is incapacitated, which is confirmed by a court decision, as well as if one of the spouses was given a period of more than 3 years, the applicant fills in the registry office.

   The statement states:

   • Full name, date of birth of the applicant;
   • Place of Birth;
   • Citizenship;
   • Nationality of the applicant (optional);
   • grounds for divorce;
   • Marriage record data;
   • Passport data that certifies the identity of the applicant;
   • Surname chosen by the spouse upon divorce;
   • The place of registration of the spouse's guardian or the managing property of the missing spouse or the location of the correctional institution where the spouse is serving his sentence;
   • Applicant's signature;
   • The date the application was made.
   • Contents of a divorce petition judgment about divorce.

Divorce certificate

Application Form No. 10 according to Art. 35 of the above federal law submitted to the registry office in the case when the decision to terminate the marriage has already been made on court session, it is only necessary to register it, and then receive a court decision to terminate the marriage. With this document, you need to apply to the registry office in order to obtain a certificate of divorce. The application is submitted by one or both spouses.

The full name of the spouses (or one of them) is written in the upper right corner, the name is also indicated here public institution where the divorce will be formalized (at the place of residence, registration of one of the spouses).

To complete the form, you must specify without fail:

• existence of a court decision
• Name judicial authority,
• the date of the decision.

Then fill in the information of the spouses:

1. Place of Birth;
2. Date of Birth;
3. Citizenship;
4. Place of registration or residence;
5. Passport data;
6. Details of the act of marriage.

After the divorce process, any of the spouses can take his or her ex before the marriage is registered. The spouses sign the form number 10, also puts the date. In addition, a copy of the court decision must be attached to the application. If the form is submitted by one of the spouses, the signature of the 2nd is notarized.

Terms of divorce

What are the terms for divorce through the registry office? The divorce proceedings are carried out within one month after the receipt of the application. Regardless of other property disputes, the term for divorce in the registry office is exactly thirty days. This period is not subject to change.

Note! It should be noted that marriage through the registry office is terminated separately from the property disputes of the married couple and the division of common property, the specialists of the state institution do not consider such problems. These issues are resolved in a judicial proceeding or when considering marriage contract, which the spouses prepared before the wedding or during the marriage.

In 2019, the divorce procedure in Russia remains the same. You can dissolve a marriage in an administrative (through the registry office) or in court. It is also possible to file for divorce through the State Services or the MFC (in case of a divorce in administrative order). Everything you need to do to file for divorce statutory procedures.

Grounds and ways of dissolution of marriage

current Russian legislation there are two options for divorce: (civil registry offices, i.e. in an administrative manner) and (judicial procedure). Of course with legal point of view, the easiest way to part is by submitting an application to the registry office, but not all divorcing couples have such an opportunity - for example, divorce will have to go to court if the spouses have common minor children, if one of the parties (husband or wife) does not agree to divorce, or if they have disputes about the division of property.

You can apply to the registry office only if certain conditions are met:

• both spouses apply jointly, without objecting to the separation, and also do not have common children who are under 18 years old;
• only one spouse files for divorce, while the second was either sentenced to a long term for a crime (more than 3 years), or recognized by a judge as incompetent or missing.

Writing an application

An application for divorce must be submitted to the registry office, which may be located:

• at the place of residence of both spouses (living together) or at the place of residence of either party;
• at the place of registration of the marriage union.

The application must include all information about the spouses (names, surnames, addresses, passport details), as well as the grounds for divorce.

Payment of state duty

In the event of a divorce, each of the parties to family relations must pay for the state service of termination family union. According to the current tax legislation, the amount of this fee is set at 650 rubles from each spouse.

If a marriage is terminated unilaterally on the basis of incapacity, unknown absence or conviction of one of the spouses for a long period, the second spouse pays only 350 rubles. With this kind of divorce, you need to remember that:

This period is provided so that divorcees can reconsider decision. Only after confirmation of readiness to complete the divorce procedure former spouses divorce certificate will be issued.

You can also apply for a divorce at the registry office or.

Divorce in court

Any judicial procedure always provides for certain complexity and duration of the resolution of the case. This is also true for divorce proceedings. Divorce should be done through the court if:

• the husband and wife have common children who have not reached the age of majority;
• spouses cannot independently resolve property disputes;
• one of the spouses does not agree to parting amicably or refuses to submit a joint application to the registry office.

Appeal to the court begins with filing a claim for divorce, which must be drawn up in accordance with all the rules for its speedy acceptance by the court for consideration.

Which court to apply to

Charges for filing a lawsuit National tax:

• 600 rubles for a simple divorce;
• up to 60,000 rubles when dividing property (the amount of state duty in this case depends on the price of the claim).

Deadline for reconciliation

The judge, at his discretion, determines whether it is possible to save the family. Even if there is even a minimal probability, then he can appoint a husband and wife a period for reconciliation. Such a term cannot be more than 3 months but cannot be less than 1 month. In order to reduce the time limit set by the court, the parties have the right to ask the court to do so, providing justification for such a reduction.

Court session and issues resolved by the court in its course

The court session is held on the day appointed by the judge. The parties will be notified in advance of this date and time of the hearing. The following issues may be resolved by the court:

1. About collecting child support.
2. About recovery (spouse).

The court's decision

IN divorce proceedings a court decision is one main document, because it is on its basis that the marriage will be recognized as dissolved. In addition, it is on the basis of the decision of the judicial authority that a certificate of divorce is issued.

The decision of the court on divorce entails legal consequences only after it enters into force. To do this, it is necessary that a month has passed after its issuance, allotted for the possibility of appealing it.

Judgment can be appealed to a higher authority. This can be done not only by the plaintiff or defendant, but also by any third party participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of the dissolution of the marriage itself, but also how the court divided the jointly acquired property or determined the place of residence of the children.

Certificate of divorce and the possibility of changing the surname

Certificate divorce is issued by the registry office. To get it, you must submit an extract from the court decision on divorce. An extract (it indicates everything that the registry office should take into account when taking actions to issue a certificate) must be issued within 3 days from the date the decision comes into force. If it is difficult or impossible to obtain it, then a copy of the court decision is also suitable for presentation. The certificate is issued to each party, to obtain it you need to pay a state duty in the amount of 650 rubles from each spouse. In case of its subsequent loss, it can be restored by re-paying the state duty.

After divorce spouses have the right to change their surname. This must be done at the time of registration of a divorce in the registry office, that is, when applying for a divorce certificate. Remember that when you change your surname, you will also have to change your passport!

Special cases

When a marriage is dissolved, there may be situations that require separate consideration.

Divorce without the presence of a spouse

Divorce without the presence of one of the parties is possible in the following cases:

• if the spouse is physically unable to be present in court or the registry office;
• if the spouse does not agree to parting and expresses this by his absence;
• if the spouse is recognized by the court as incompetent, missing, or convicted for a term of 3 years and is in prison.

If one of the spouses cannot be present during the divorce procedure, he can authorize a trusted person to represent his own interests.

The court may also conduct a trial in absentia. In this case, the defendant is informed about the divorce process, while he must report the impossibility of attending the meeting and ask to postpone the hearing or consider the case without it, but if he did not use this right, the court will make a decision in absentia.

In the event that the defendant fails to attend the hearing three times for reasons that cannot be recognized as valid, the court at the last hearing makes a decision on divorce.

With mutual consent, both the employees of the registry office and the judge can dissolve the marriage in the presence of only one of the parties. At the same time, it must be remembered that in the absence of mutual consent, a marriage can only be dissolved through a judicial procedure.

Divorce with a foreigner

It is possible to terminate a marriage union with a foreign citizen in Russia both through the registry office and in court.

• Administrative divorce produced according to the standard procedure for the Russian Federation. It is also possible to dissolve a marriage without the presence of a foreign spouse, but in this case, his application, certified by a notary, will be required.
• Divorce in court may be accompanied by a number of difficulties in the absence of a foreign spouse on the territory of the Russian Federation. In such a situation, divorce is possible without the presence of this spouse, but his application will be required, as well as full observance of his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted spouse

If one of the spouses has been sentenced to a term of 3 years or more and is in places of deprivation of liberty, then the second spouse may terminate the marriage with him in an administrative manner. Such a procedure is possible even if there are common minor children.