Divorce through the registry office, legal services for dividing the registry offices (without the presence of the parties). Divorce through the registry office - procedure procedure and legal nuances

The rupture of marital relations in our country occurs at 1/5 of the part of the couples, who arranged this civil act. In contrast to the registration of family marriages in the registry office, their termination can be carried out both through this body and with the help of the court. Divorce through the registry office is made at the place of residence and assumes the presence of three conditions:

• Mutual consent and mutual decision of the husband and wife to terminate the marriage bonds.
• The lack of common children who have renovated spouses who have not reached the age of majority.
• Mandatory presence of a pair on a broken-separation process.

The exceptional case of divorce through the registry office, which is subject to special rules, is the fact that one of the spouses is incapacitated or convicted on the period of conclusion above 3 years.

Terms and timing divorce

Divorce is a very serious step in the life of each party. In young couples, such a decision is taken instantly under the influence of irritation or a surge of negative emotions. Therefore, the deadlines for the construction of the registry office are quite justified and reasonable. After applying for spouses will be in stock, after which the hearing is appointed. This provision is provided for by legislation for two reasons:

• give spouses the opportunity to repeal once again and reconsider their relationship (very often the result of this becomes reconciliation and review of the application);
• implement the process in compliance with all legal procedures that require time to prepare.

The minimum divorce period (30 days) is possible in the absence of spouses of controversial moments. The stumbling block is often mutual property claims. In this case, the divorce procedure through the registry office will not cost without visiting the courtroom, which will automatically postpone the termination date for a month or even longer. Sometimes to solve complex issues when it comes to property, hto-joint efforts, a three-year limitation period is established. After analyzing all your conditions and circumstances, lawyers of our consultation will be able to give you advice, how to reduce these deadlines to the lowest possible sizes.

Required documents and services

An important factor affecting the duration of the case has the efficiency with which all the required documents for divorce through the registry office are submitted. You have the right to accept them only the branch in which the marriage was recorded. In addition to the application submitted, the following documents must be attached:

• originals and photocopies of passports of both spouses;
• original marriage registration certificate;
• document on payment of state duty for termination of marriage.

How much does the registry of the register costs, is determined by the Ministry of Justice of the Russian Federation. For 2014, it remains at 400 rubles. From everyone who is divorced. However, this price suggests employees of the relevant department can significantly increase and amounted to 30 thousand rubles. But so far the rules remain the same. Therefore, after accepting the registry office of the necessary package of documents and carry out the standard procedure for termination of marriages, you will be given a certificate confirming the legality of this civil act.

11/10/2018 - Yuri Beloborodkin

The marriage was registered in Kherson and I move to Dnpep. Can I apply for a divorce

09/04/2018 - Ivan Marenko

Hello. I'm going to terminate the marriage. But husband against. I understand that in this case you need to act through the court. But the fact is that I did not change the last name. And now I don't want to change accordingly. How to be? And even if he still agrees to a divorce, and we will go to the registry office. I can not change the passport?

07/26/2018 - George East

I filed on an adjustable to a certain number, but I need to leave on the same day but early in the morning I can come to the registry office for the day to get a certificate of divorce and stamp

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06/14/2018 - Olesya Stepanova

I have a further question I want to divorce with my husband who is sitting in prison if you give it to divorce whether I will have an orgen about the conclusion of marriage while the divorce is coming to apply for divorce and then arrange children's or better to first arrange children's then submit to a divorce as being in this situation

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05/04/2018 - Denis Rogrant

i want to divorce my wife live 7 years old no children

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03/17/2018 - Andrei Helikonsky

good evening, my husband had a mistress and he submits to a divorce. I can't persist in support of health, can I get paper that helps complete the process of divorce through my daughter. She is 22: 9:00 - 11:00

01/03/2018 - Alena Gerasimova

i have a question here is such a question. My husband and I divorced testimony only with me. Want to register again, a marriage can be in one testimony or not?

12/18/2017 - Sergey Levashkevich

can they influence the section of the spouses of the Son of the disabled person of the second non-working group? Age of Son 43

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11/20/2017 - Evgenia Queen

hello, if I need to urgently leave for another country, and the date of my divorce after 3 weeks, is it possible to speed up the process somehow?

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11/10/2017 - Bogdan Point

is it possible to fall for a divorce for example, in the same city, and he is in another, so that I do not do not see him?

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10/13/2017 - Diana Ryabova

is it possible to dilute quickly and through the registry office. No estates and children? : 9:00 - 11:00

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09/10/2017 - Maria Melnikova

Theme of my question: Family Law (Section of Property, Divorce, Alimony) Today at 13:00 - 14:00

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09/10/2017 - Irina Timofeeva

Hello, my mother married 2004 and in the speeds separated but did not divorce officially. We do not know what you know. Please tell us how to make a divorce without his participation.

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08/27/2017 - Olesya Belyaeva

Hello! I have to give birth in three weeks, I want to go out with my husband when it is a lot to do it before childbirth or after?

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08/21/2017 - Grigory Shangin

Hello! Can we apply for a divorce in the separation of the registry office of another city other than the city of registration?

08/19/2017 - Denis Kokhnov

How to get a divorce of 60 years, do not accept a statement

08/05/2017 - Anton Gurnov

Tell me, I don't live with my husband for more than two years, divorced through the court for a long time, but through the registry office he is against. I have a wedding in the near future, how to speed up the divorce if you do this through the court? : 9:00 - 11:00

07/26/2017 - Alina Kuznetsova

the divorce is possible if there lived months, there are no joint children, there will be a share?

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07/21/2017 - Peter Oshmar

My husband and I are citizens of Russia, but we have permanent residence (registration) in Ukraine. Now we live in Russia in different cities, he is registered at the place of residence, I am without. In which of the registry offices, we should contact the divorce?

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07/19/2017 - Arthur Yastrebtsov

the question in the next we placed on July 6, my husband is in prison. Society. No children how to speed up the divorce process

07/14/2017 - Evdokia Golubeva

If my wife is a citizen of Ukraine and left home forever how I am divorced if there is no photocopy of a passport?

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07/14/2017 - Sergey meaning

Good day, is it possible to get a divorce and documents for divorce Saturday

06/04/2017 - Timur Perematukhin

hello as you can quickly divorce nor children not anything that is not common in the coming time I can no longer wait

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05/31/2017 - Mikhail Anchors

Good evening, it is possible to divorce urgently in one day, nor I live with my husband for 4 years

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05/16/2017 - Raisa Mironova

My relative's wife lives in Kazakhstan. Socialized life no more than 15 years. Children are 30-40 years old. Properties no. Marriage is registered in Russia. Russian citizen. How to divorce?

05/10/2017 - Elizaveta Osipova

There is no section. This is adults, but the divorce does not want to, how to avoid, have a couple of reasons for it? Or at least tighten the divorce until September? Thank you

05/10/2017 - Leonid Shatilov

Good day. Tell me, please, can I apply for a divorce without a husband?

05/09/2017 - Eduard Embankment

Hello, when divorced, copies of passports of both spouses are needed, and can I apply to the registry office unilaterally?

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05/05/2017 - Karina Vorobyva

divide yourself from the subsidy to the apartment kids adults how much wait divorce

04/27/2017 - Yuri Malyukhov

husband wants to divorce without visible reasons. I am against what is the divorce procedure

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03/22/2017 - Alexey Basistov

hello! Is it possible to make a divorce. If I did not change the passport after registration of marriage?

03/20/2017 - Anton Savinsky

How to divorce without the presence of a husband.

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03/17/2017 - Egor Dobryakov

Hello! I am Elena. I divorce through the registry office. Detty adults. Homeowner being a husband. In what cases can he cast me from home?

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03/14/2017 - Evgenia Kulikova

divide I can if one child is 19, second 17, without the property section?

03/01/2017 - Grigory Khalaleyev

Hello! May I apply for a divorce from myself without a husband, as we do not live together for a long time. I don't have it. How can I quickly use me to divorce with him?

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02/19/2017 - Lyudmila Ponomareva

Hello! My name is, . Tell me, for 18 years of life, we have been acquiring property, which partially paid his mother. What can I calculate.

01/13/2017 - Claudia Frolova

i am emacted for a divorce

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12/29/2016 - Daniel wealth

where the application is submitted for divorce, if the spouses have a single place of residence and are spelled out in different cities when call back: 17:00 - 19:00

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25.12.2016 - Arthur Malatin

i am interested in the date that will be in the marriage termination certificate. This will be the date of application of the application on December 23 or the date when you need to arrive on January 25 ??? Time when call back: 9:00 - 11:00

12/16/2016 - Raisa Kovaleva

The husband insists on a divorce, lived 35 years, I am opposed to adults, what are the chances to save the family? If not, how much time it takes for a divorce without my consent

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11/09/2016 - Irina Krylova

wife filed for a divorce and herself left with the lover not known where the phones turned off can not be contacted and we were given a term for reconciliation what should I do

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10/18/2016 - Natalia Solowieva

With my husband, they lived in marriage for 25 years, there are no joint property, there are no juvenile children, for how long can you divorce through the registry office?

09/28/2016 - Peter Novikov

Hello. After a divorce, can I get an official document earlier than in a month?

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09/05/2016 - Vyacheslav Verzhnikov

hello, tell me if I am divorced through the registry office with my wife, together do not live for more than 2 years, she is already pregnant from another I just need urgently

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07/28/2016 - Inna Morozova

Tell me what should I do? I really want a divorce .. And my husband refuse to go to the registry office If I subded to a divorce myself divorced us? Seittes not and the property of the identity

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07/14/2016 - Maria Lebedeva

how is the divorce, if the location of one of the spouses is unknown?

05/25/2016 - Viktor Lapkin

i want to divorce my husband with a three juvenile children, can I get a divorce within two weeks as I want to marry with another man ??

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05/13/2016 - Evdokia Mikhailova

Hello. I want to divorce, we have a child exactly 1 year. Land ownership of a husband, car loan. I'm still sitting on maternity leave. To which I can count on the divorce. All were taken in marriage.

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05.05.2016 - Timur Manin

Good day! My husband and I decided to give a divorce, but he is in a long business trip, can I submit documents for both of us with his consent?

04/10/2016 - Timur Dorofanin

Hello. With my husband I do not live 10. He did talk. There is a actual husband. In the registry office, they said that they could make two spouses, if not, only through the court. We have no joint property and children. Did you refuse the registry office?

03/28/2016 - Lyudmila Kulikova

GOOD DAY. When receiving documents on divorce in the registry office, it is necessary to attend former spouses together?

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03/20/2016 - Irina Matveeva

Good morning! Is it possible to apply without the presence of a spouse?

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03/19/2016 - Love Efimova

son with his wife filed for a divorce into the registry office there is no common property there is no dutpiece paid if he can get a divorce without it

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03/06/2016 - Victoria Sergeeva

can they dilute through the registry office without the consent of her husband, there are no common children?

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03/04/2016 - Vladimir Revokatov

where I make a divorce do not live together for more than 20 years of our daughter for 31 years old place of residence I do not know

02/23/2016 - Daniel Falekin

hello! I want to put on a divorce. I need to go to the registry office or go to court?

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02/01/2016 - Nikolai Voloshkin

I am from the Stavropol Territory, my parents want to divorce, together do not live since 2009, two adult children, how to do it

02/01/2016 - Alla Ponomareva

My husband and I are married 35 years old, children adults. How quickly can I terminate marriage by mutual agreement?

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01/21/2016 - Artem Quiet

Hello,. We don't live with my husband together for 3 years, but not yet divorced. Correct to submit to divorce. Does the divorce last 30 days or immediately divorce? And they will call or not?

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01/19/2016 - Valentin Justitsky

i want to divorce my husband as I don't want to live with him, but he does not want to make a marriage certificate as you can divorce and peristers

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01/16/2016 - Eduard Mozhevitinov

Good evening. I had such a situation: I married a girl from a disadvantaged family (for that period it is not knowing), I went on a businessman after the wedding a week, I returned to know that she was with another. I decided to divorce it. And here there were problems: she disappeared, no contact

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01/13/2016 - Elena Gromova

How much is the submission of documents for divorce through the registry office there are no general children

12/20/2015 - Bogdan Kurilev

what documents are required for divorce? And how faster it can be done?

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11/27/2015 - Anna Smirnova

Hello. From the day of registration, marriage passed 4 months. Is it possible to build a divorce? Will not be a fictitious marriage?

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11/15/2015 - Ksenia Yakovaleva

Hello, please tell me what you need to collect documents for divorce if there is one minor child

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09.11.2015 - Svetlana Konovalova

We have a 4-year-old child and mortgage in which the husband is the main borrower and I am a co-machine. Apartment in equal shares. Is it possible to translate the mortgage at me when divorced and how will we be breeding, through the court or in the registry office?

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11/08/2015 - Ksenia Belyaeva

Hello, I wrote 5 minutes ago. I have long loaded for a long time, can you advise you to advise online or take a form again? I have a child for 4 years and mortgage with my husband in which he is the main borrower. Is it possible to transfer a mortgage when you divorce? and how they are divorced in normal mode or only through

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05.11.2015 - Diana Shcherbakova

Hello what changes in 2015 when divorced? We lived 35 years. They say that this service has risen.

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05.11.2015 - Larisa Panin

hello! My name is. Tell me, please, such a moment .... If we applied for a divorce, a mutual desire, then a month is given. As far as I know, one of the spouses is issued a form, with which this one spouse should appear after this month and the divorce will be carried out, and if this

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11/04/2015 - Eduard Sydneyev

My husband three days ago filed an application to the registry office, changed his mind, could he pick him up and what is needed for this?

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11/04/2015 - Leonid Gollyollenko

If without mutual, minor children, property and other claims, age is 60 years old, is the term month through the registry office?

10/18/2015 - Vasily Slonim

submit to the dissolution of marriage, paid the state duty. The day of termination is November 12, but the husband intends to leave for another city on November 10, whether the divorce remains in force and whether the certificate of dissolution is issued if I come for a document on the appointed day one, and the husband, in a new place of residence

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10/13/2015 - Mikhail Verochin

Good day! We lived with my husband for 10 years. There are no joint children. I want to divorce without going to court.

09.10.2015 - Anatoly Oloufers

divorce through the registry office? If there are no children and property claims?

02.10.2015 - Nikolay Loupes

we do not conduct common houses., We live at different points of Russia for years, the common children are-consistent, there is no common property, a spouse against divorce. Question - Can I apply in my place of residence for divorce, without departure at the place of registration of marriage?

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09/30/2015 - Nikita Mamashev

Good day! My husband and I signed two years ago. I had to change the passport for changing the surname, but this did not. Now we want to divorce. Whether the statement will be accepted on the old passport, I want to leave the last name.

09/30/2015 - Andrey Polin

Tomorrow I am going to divorce with my husband to the registry office, whether they immediately explore us right tomorrow, if both agree, live in other families, there are no children, there are no claims, there is nothing to share !?)

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09/21/2015 - Timur Cylenenov

Date of divorce is scheduled for October 2, is it possible to divorce before the deadline since I leave and there is no guarantee that a former husband will come to the registry office?

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09/15/2015 - Vladislav Reshetnyak

marriage dissolution with elastic who lives in Russia.

09.09.2015 - Eduard Mezakov

Hello! With my husband, my marriage is registered in the other city, I live in the city where my husband is registered. Can I apply for a divorce to the local registry office?

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09/07/2015 - Gennady Shatsky

Hello, we want to divorce, the wife of Ukrainian, the marriage was concluded in Ukraine. There may be complications, now we are in Russia, it has a residence permit. Thank you.

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09/05/2015 - Cristina Konovalova

the apartment was in Soc. Naima then privatized on the daughter and mother when divorced I have a part of the apartment?

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07/19/2015 - Evgenia Makarova

very nice my name is Anna. Please tell me to divorce the statement, can I file in any registry office or where they painted? And I will be alone to give a state duty to pay for myself?

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07/16/2015 - Gregory Granov

Good afternoon. I have a power station ... when it is omiticia, the reason for the reason for the reason for the reason for the reason for the reason for whom.

07/13/2015 - Jeanne Stepanova

Good day! I want to divorce through the registry office. How much does the registry register cost? And where to get the River?

07/11/2015 - Georgy Tikhonyuk

i want to divorce my husband! What documents do you need and cost?

06/19/2015 - Lydia Ryabova

Hello! Tell me what difference divorce through the registry office or court? Thank you

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06/14/2015 - Yakov Rosty

Hello. I want to give a divorce. The marriage was concluded in 2006, but we have a minor son 2003.r. Received a certificate of paternity. Can we breed in the registry office or should I apply to the court?

A married couple who took the mutual solution to divorce must solve how the process will pass. In Russia, there are two ways, and most optimal is in the registry office. However, a number of conditions should be performed for it. Otherwise, the decision of controversial issues will have to be postponed to a court session. It is on how to divorce through the registry office and how much time it takes, will be considered in this article.

Please note that there are free consultations of family lawyers on the portal.

All experts have extensive practice in this matter and have relevant legal advice. The portal was created in order to increase the legal literacy of the population, because not knowledge of the law does not exempt from responsibility. And knowledge - empowers citizens by force!

Divorce through the registry office, the timing of which is considered the most optimal, is a simplified procedure. However, not for all this method is relevant. The rapid-timber process is possible if both parties have agreed, do not have common children under 18, and there is no conflict between the property.

How long does the divorce break through the registry office? The divorce time is thirty days. After the pair serves the appropriate application with the necessary documents, the registry office is recorded in the act that the social condition of citizens has changed. After that, already former, husband and wife can get a document indicating the cessation of relations.

However, there are circumstances that can increase the timing of the divorce through the registry office. As a rule, this happens because of a sudden refusal to one of the parties or when the disputed moment is formed. Read more.

List of exceptional cases

Based on the SC of Russia and Articles No. 19, people can apply for a divorce statement through the registry office if:

• there is mutual agreement;
• if there are no joint children under 18.

Also in this article provides information on the basis of which permitted in three cases to terminate the marriage union even if one of the spouses is desired:

1. the second party is recognized as incapable by the court decision;
2. husband or wife was missing;
3. the spouse (a) is serving a prison sentence of three years and more.

All other cases are designed to consider the case in court, it may be a civilian judicial authority or a magistrate.

In addition, even if there is mutual consent, for termination of the marriage requires the absence of joint-owned disputes, i.e. Civil debate. With this state of the case, the marriage process is also transferred to the courtroom.

We write a statement

Make a divorce through the registry office is necessary in accordance with the Federal Law "On Acts of Civil Status" (Article No. 33). The mutual consent of the spouses implies the filling of the application in form 8, which must contain the following information:

• parties;
• days and places of birth of spouses;
• citizenship on the passport;
• national affiliation;
• specify the address of the registration;
• information from passports;
• information on registration of marriage relations;
• fill out a graph about what the surname will be from spouses after a divorce.

Signatures should put both sides on the same form or each fills and signs individual. However, the information should be similar.

Note that if your case refers to the list of exceptional, i.e. The spouse is recognized as incapable missing or convicted, the statement for termination of marriage is filled in sample No. 9.

The only difference from form 8 is that the binding should fill out a document for two and make data on the court decision. A copy of the court decision should also be attached. If the second party is serving the term, then data is made about the place. Then also indicates how the surname will remain, put the date and signature.

There is another form for the number 10. It is relevant for those who already have the rendered judgment of the court and there is a need to obtain the appropriate certificate.

If everything is true and without errors, the registry office will appropriate the statement number, will indicate the date and time of acceptance of the requirements. Registration information is indicated at the top of the application.

List of documentation for divorce through the registry office

In addition to the application for initiating a marriage process, you should collect documentation. It may be as follows:

• a sample statement corresponding to your case;
• originals certifying identity;
• certificate of Joining the Union in the original;
• check payment of state duty.

The volume of state duty for divorce is 650 rubles for each of the pair, but only if the process occurs in mutual agreement.

If the application takes place on the basis of the above cases, such documents will be required as:

1. A court decision on the incompleteness of the second party or that it is listed in the missing lists.
2. A judicial sentence, on the basis of which the second party of marriage is serving a sentence.

If the court decision is already on hand and the applicant, it is only necessary to record this fact and receive a certificate, then you need to take a personal passport with you and remove a copy from the court decision.

Where to handle a statement?

The submission of documents for the start of the scroll process occurs in the territorial body. As a rule, the choice falls on the branch where marriage was registered or at the address of one of the parties. You can send an application by coming together to the registry office or by visiting it separately. However, the employees of the body must be confident that the decision is made jointly and without pressure.

Not rare cases when the presence of one of the parties is not possible due to different circumstances. If this takes place, the possible option is to write a statement at home and transfer it through the second side.

You can also send by mail of the Russian Federation, but this may take a lot of time if the letter is not customized.

Another important point for those whose situation refers to exceptional:

1. the signature of the incapacitated person must be signed in a notarial office;
2. the signature of the person serving the term is made by the head of this institution.

Regarding the valid reason for the failure to appear on the marriage process, it will be considered such if:

• the party has a serious illness;
• be in military service for urgent call;
• long business trip for a large distance;
• accommodation in a hard-to-reach place;
• serving the prison sentence.

In all other cases, the failure will be regarded as a disrespectful and divorce decision will be made in the applicant's presence.

About the broken-separated procedure

Upon completion of all legal formalities - submission of an application, adoption and registration, as well as making an appropriate record in the book of accounting - the registry office records are recorded by citizens on a particular day and time to issue a certificate that their marriage is terminated.

We emphasize once again - the official procedure for registering the marriage process is carried out within one month after the date of submission of the requirement.

By the way, there are no rare cases when for the allotted month, the couple comes to solving to preserve the family hearth. If this happened, you should notify the registry office, where the application was filed. At the same time wait the month is not necessary. Otherwise, a pair will have to re-conclude a marriage union.

Employees of the registry offices always notify the second side of the process if the statement was filed alone. Also concerns the guardian who carries for an incompetent person. The notification is sent within three days from the receipt of the application by employees. If the second party does not give consent, the marriage process will be carried out in the judicial authority.

Divorce can be carried out through the registry office or through court. The place where the dissolution will be terminated is not chosen by the spouses themselves.

There are relevant norms of the law that determine the conditions and procedure for termination of marriage (divorce) through the registry office or court.

That is why wishing to divorce, it is necessary to initially find out under what circumstances should be applied to the registry office, and under which marriage will be possible exclusively through court instances. This will help avoid documentary wires and significantly speeds up the whole process.

The causes of the termination of the marriage can act any personal motives of one or both spouses.

In all the variety of such reasons to figure out very difficult.

From a legal point of view, regardless of the reason and reasons, if there is a desire, at least one of the spouses, the divorce will take place.

Legally, employees of the registry office have no reason to refuse to accept applications for divorce or in the implementation of the process itself only because they consider the reason for the dissolution of marriage.

Terms and timing divorce

In order for you to divorce through the registry office, it is necessary to comply with certain conditions. The main ones are considered:

• The lack of joint minor children at the divergent spouses.
• Lack of property dispute. Moreover, it is important that there is no conflict about the division of joint property at all. The presence of an unresolved question even for a slight amount means that the divorce through the registry office is not possible.
• The presence of at least one condition is the exceptions to the rules that allows you to divorce unilaterally. Some circumstances are provided for legislative circumstances that allow us to pass a simplified procedure and make it unilaterally.
• The presence of the consent of both parties. If at least one of the spouses do not agree to the divorce, you will have to seek it through the court.

The divorce time through the registry office in the standard case by mutual agreement is one month. This time is given to spouses in order to once again think and, perhaps, change its solution.

Since such a procedure is considered as simplified as simplified and the Parties do not have serious complaints about each other, then the period of expectation is minimal. In practice, it can stretch to 1.5-2 months, but no more.

Is it possible to divorce through the registry office without the consent of the spouse?

How to divorce through the registry office unilaterally?

When at least one of the spouses wishes to voluntarily agree with the divorce, the specified process is possible exclusively through the court.

However, there are some deviations from this rule, in the presence of which it is impossible to obtain the consent of the husband or wife.

These include:

• Recognition of the spouse is incapable. In this case, it is necessary to provide the appropriate court decision.
• Recognition of one of the spouses by a court decision is missing untimely.
• Finding it in places of imprisonment by a period of more than 3 years.

If one of the conditions is performed, then the spouse, interested in divorce, can claim him unilaterally. This means that he is entitled to submit documents and a statement on divorce to the registry office. In this case, the Union will be terminated on the initiative of only one hand. However, there must be documents unambiguously confirming the impossibility of obtaining consent from the second.

In the case of a person's lies, this process can stretch for a period of more than a year, as it will first need to get a court decision on the recognition of a person missing. For this it is necessary that no information about the person has received during the year and more.

In other cases, without the presence of mutual consent of both spouses, the divorce through the registry office is not possible.

Documents for divorce through the registry office

In addition to the application for the termination of the marriage, a certain set of documents will be submitted to the registry office.

In various situations, he may differ slightly.

However, the main composition is always the same:

• a receipt confirming that the state duty in the established amount was paid;
• certificate of marriage as paper confirming the official registration of a couple;
• a document confirming the absence of the possibility of obtaining the consent of the second spouse if the divorce is supposed to be unilaterally;
• passports of laying faces.

If one of the parties cannot independently come to dissolve the marriage, it is necessary to make a notarial power of attorney to carry out this action without a personal appearance.

Additional documents when contacting the registry office for the design of a marriage process is usually not required. When submitting such a statement through the Public Services portal, it will still have to visit the registry office and provide the originals of these documents.

No children

The lack of joint minors in marriage is one of the conditions for termination through it through the registry office.

However, this condition is far from the only one.

This means that the very fact of the lack of joint children does not automatically guarantee the opportunity to divorce without judicial consideration of the case.

If at least one of the spouses do not agree to the divorce, there is a dispute about the property, then even the presence or absence of children will not be a decisive factor. However, in such a situation, even divorce through the court will pass faster. In disagreement of one of the spouses, the judge will give a meditation from 1 to 3 months, after which the marriage will be terminated in the absence of reconciliation of the parties.

Disputes about children usually complicate the procedure and drag it for a long time.

Divorce through the registry office with minor children

In the standard case, the division of family relationships through the registry office, if in marriage there are joint minor children, it is impossible.

He will only work through the court, except for the cases established by law.

These include such situations in which one of the spouses is absent, due to the recognition of missing, serving prison sentences from three years or declared incapable.

In this case, even the presence of children under the age of 18 will not prevent the marriage to terminate the second spouse through the registry office unilaterally.

Is it possible that the divorce does not take place?

The right to freedom of choice is guaranteed by the Constitution of the Russian Federation. This means that when solving one of the spouses to break the family alliance, the divorce will take place.

Even if the second does not agree to such an outcome of family life, the initiative of the interested party will be satisfied.

The only way to avoid divorce is reconciliation and solve all conflicts. If consent does not succeed, then the divorce will take place in any case.

The only exception may be pregnancy from a spouse or child up to 1 year in the family. The divorce in this case will not take place if the husband is his initiator. However, if the wife submits a statement about the dissolution of marriage, it will take place, but not through the registry office, through the court. In the case of her husband, he will have to wait for a child to return one year, and only then apply.

Is it possible to recognize the divorce through the registry office invalid?

Regardless of the decision of the decision, it is not possible to recognize the dissolution of marriage.

However, for this there must be good reasons that will have to prove. The main factor here is the presence of all the circumstances and conditions that apply for a specific situation.

If at least one of them was broken, then one of the parties has the right to submit a lawsuit on recognizing the dissolution of marriage invalid.

Regardless of the place of consideration of the marriage, challenging occurs through the judicial authorities. This can happen if one of the participants was recognized as missing, but then appeared. If he serves the appropriate claim to dispute the dissolution of marriage, then with the substantiation of the causes of its absence, it may well achieve the desired.

As a result, a court decision will be made in which the procedure is recognized as fulfilled with violations with all possible legal consequences.

Cost of services in 2016

The final cost of registration of the marriage process through the registry office is usually developing only from the state duty. This payment is mandatory, and without receipt of payment, the application will not be considered. However, the amount of state duty directly depends on the place of consideration of the case.

If the process occurs through the registry office, there are two amounts, one of which is submitted by a person submitting a statement:

• 650 rub. We will have to pay if the procedure takes place by mutual agreement of the parties.
• If it happens unilaterally, all expenses lie on the shoulders of the interested person. In this case, the size of the state fee will be 350 rubles.

At the legislative level, proposals were repeatedly introduced to an increase in state duty to 30,000 rubles. It was planned that it would reduce the number of families of families and makes think about the preservation of the Union.

Divorce is always a difficult period in the life of both spouses who want to go through as quickly as possible. It is associated with solving a large number of legal issues and best if the spouses are selected for the divorce procedure through the registry office. Without children, it becomes the most simplified and fast. However, it has many pitfalls, to avoid which the material of our article will help. From it, you will learn how the divorce procedure is carried out through the registry office without children in Russia, as well as all legal and practical subtleties of the process.

Official divorce: Legal term

Often, realizing that the joint accommodation is simply impossible, the spouses simply travel around various apartments or even cities. For them, the question of the future is already resolved, but this is not a termination of marriage at the legislative level.

Interestingly, the term "divorce" is not legal, in family legislation we are talking about the dissolution of marriage. However, the spouses almost always use the Cleaning word "divorce", denoting the cessation of joint residence and maintenance of the general farm. The marriage finishes its action only after receiving the appropriate papers or as a result of the death of one of the spouses. But even in the latter case, it is necessary to obtain a number of documents confirming the fact that marriage is more invalid.

In the case when a family without children, the divorce procedure through the registry office is the best way out of the current situation. But far from the only one. We will tell you about the order now.

Registry office or court: we decide how best

Situations resulting in divorce are different. Therefore, herself is carried out in different government agencies.

Let us assume that one of the spouses decided to finish the relationship, and the second cannot accept it in any way, therefore it does not want a divorce. Only the court will help in this situation, he will discern all the nuances of the case and will decide with whom they will have to accept her husband and wife. Also, the termination of the marriage passes in court in the presence of property disputes, debt obligations and young children. Keep in mind that even when the spouses agree to a divorce and have no complaints about each other, the presence of minor children will force them to file a statement of statement by the magistrate. Otherwise, to terminate the marriage will not succeed.

Through the registry office, the divorce design procedure (without children) passes in a simplified version. But in this case, the spouses should not have any and both sign agreement on the cessation of marriage.

Reasons to make a divorce through the registry office

Almost everyone knows that if a family without children, the divorce procedure through the registry office is possible. However, there are few more reasons, allowing to officially terminate married bonds in this institution:

Mutual consent to divorce;

Lack of questions in the division of property;

One of the spouses is recognized as missing or died;

Finding a spouse in imprisonment for more than three years;

The incapacity of one of the partners established in the formal order.

All these reasons greatly facilitate the dissolution of marriage, but we are worried about the design of the divorce procedure through the registry office without children. On this topic we will talk more thoroughly.

Procedure divorce through the registry office without children without the consent of one of the spouses: is it possible

We no longer mention that one of the indispensable conditions for termination of married mesons without the attraction of judicial authorities is the consent of both partners. It is confirmed by the arrival in the registry office and the joint filling of documents. Also at the appointed time, both spouses should come to get documents in which their marriage officially terminated. If someone does not appear in the registry office without a valid reason, then the consideration of the case is postponed indefinitely.

Many women are interested, whether it is possible to make all the paper without the knowledge of your second half. In this case, the law provided for several options that we have already voiced in the past section of Articles:

Incapacity;

Imprisonment for more than three years;

Recognition of the spouse without missing.

In any of these cases, a partner who has expressed a desire to terminate marriage may contact the registry office in the prescribed manner with all the necessary confirmation documents.

How the divorce procedure is carried out through the registry office without children: stages

Even the most experienced people are lost when it comes to a divorce, and make a lot of unnecessary deeds. Emotions do not give spouses to focus and calmly begin to collect documents required for termination of marriage bonds. We decided to consider this process in stages:

Selection of the registry office;

Filling out the application;

Collecting and submitting the necessary documents;

Drawing up a marriage contract (if necessary);

Registration of divorce.

So, let's pay attention to each of the listed steps.

CISS: Where to submit documents

It is best to apply from both spouses to that registry office, where the marriage was registered. This greatly simplifies the process for employees who will consider the collected package of documents.

Sometimes ex-husband and wife travel around different cities, so you can apply to any registry office at the location of one of the spouses. In such cases, the package of documents can be collected separately with her husband and wife and is filed simultaneously to the relevant authorities in different locations.

Keep in mind that currently there are as many three ways to transfer an application to the registry office. Most people go and decide all paper questions personally, it is, according to social stamps, is more familiar to Russians.

Some prefer to submit a divorce statement through the State Service portal. But this is possible only when someone from the spouses on it is already registered.

In open multifunctional centers, you can also solve all the problems with the statement. The center staff will help you fill it and pass to the corresponding registry office.

Application: together or one

Since the divorce through the registry office implies the mutual solution of both spouses, then they must fill out the statement. But in the case of a sudden business trip or a serious illness of one of the partners, the registration of officially certified notarial power of attorney for business is allowed. It is with this document that you need to come to the registry office.

In a statement, pay attention to the correct filling of all the graph: personal and passport data, address of the registration and accommodation, the number of the document on the conclusion of marriage. Be sure to enter the name you want to leave after the divorce. At the end of the application is affixed by the date and painting of the applicants.

Keep in mind that state institutions are never interested in the cause of the dissolution of marriage. This is important only in litigation.

Documents: Collection

So, the divorce procedure is awaiting you through the registry office without children. What is required in this situation, except for the application?

I would like to note that in order to terminate the marriage ties, you will need a minimum package of documents:

Originals of Russian passports of both spouses;

Certificate of marriage (it will be seized after registration of the divorce);

Extract from the house book (this will make sure that the spouses have no common children);

Check about payment of state duty.

Do not forget and notarial power of attorney if your half can not come to the registry office personally. Without it, even the correctly collected package of documents will not be adopted by state institutions.

Marriage contract

This phenomena has not become familiar in Russian reality. However, in case of termination of marriage through the registry office, which involves the absence of material claims, former spouses may later have different troubles.

There are cases when, before the direct registration of the termination of marriages, the husband and wife came to some oral agreements regarding the feasibility and debts. But after receiving the cherished stamp, someone from the spouses refused his words, and to prove the agreement in the future there was no possibility.

Therefore, try to protect yourself and enter into a contract in which list all property issues. It will be a guarantor of peaceful parting and good relationships.

National tax

Surprisingly, the question of payment of duty is always the most painful of our citizens. They are often confused in sums and their appointment. In fact, in the case of a divorce, everything is quite simple:

Six hundred fifty rubles pays each of the partners before applying;

The same amount should be paid by each for the evaluation certificate and the stamp in the passport;

Three hundred fifty rubles pays one of the spouses, which gives the statement unilaterally in cases established by law.

Do not forget that the duty can only be paid in the departments of Sberbank.

The final stage

In the divorce procedure through the registry office (without children), the waiting time is limited to one month. By accepting documents, state institutions are prescribed a date when the process of registration of the termination of marriages is carried out.

At this time, both spouses must come and confirm their consent to the divorce. The registry offices will record this consent and will issue official forms confirming the cessation of marriage. From this moment, former husband and wife are considered free and have the right to build new relations.

Interestingly, in many former allied republics, a similar divorce procedure through the registry office without children. In Belarus, for example, family legislation also provides for the possibility of termination of marriage without lawsuits.

Any divorce is a very difficult moment, but in many cases it is the door to the new and, perhaps a happy life. Be focused and accept only those who were deliberate solutions so that in the future I cannot regret your actions.

In 2019, the divorce procedure in Russia remains the same. It is possible to terminate the marriage in the administrative (via the registry office) or judicial order. It is also maintained to submit divorce through state services or MFC (in the case of a divorce in administrative order). To submit to divorce, you must comply with all the procedures provided for by the law.

The foundations and methods of termination of marriage

The current Russian legislation provides for two divorce options: (civil records of civil status acts, i.e. administratively) and (judicial order). Of course, from a legal point of view, it is easier to part by submitting an application to the registry office, but such an opportunity is far from all distant steam - for example, divorce will have to go to courtIf the spouses have common juvenile children, if one of the parties (husband or wife) disagrees to divorce or if they have disputes about the division of property.

Contact the registry office can only be compliance with certain conditions:

• both spouses file a joint statement, not objection against parting, and also do not have common children who have not been 18 years old;
• only one spouse servesWhile the second or sentenced for a long term for a crime (more than 3 years), or recognized by decision of the judge incapable or missing.

Writing a statement

A marriage division application must be submitted to the registry office, which may be:

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

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

Payment of state duty

During the divorce, each of the parties of family relations must pay the state service of termination of the family union. According to the current tax legislation, the size of this duty is set in size 650 rubles from each spouse.

If the marriage ceases unilaterally on the basis of incapacity, the missing lack of either condemn one of the spouses for a long time, the second spouse pays only 350 rubles. With such a divorce you need to remember that:

This period is provided for the decisions can rethink the decision. Only after the readiness is confirmed, to complete the procedure for termination of marriage former spouses will be issued certificate of divorce.

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

Divorce

Any judicial procedure always provides for certain difficulties and the duration of the permission of the case. This is true for licracure process. Through the court should be divorced if:

• husband and wife have common children who have not achieved an adult age;
• spouses cannot independently resolve property disputes;
• some of the spouses do not agree to partition in a peaceful order or refuses to file a joint statement to the registry office.

The appeal to the court begins with the filing of a claim for the termination of a marriage, which must be drawn up by all the rules for its earlier adoption by the court to consideration.

What court to contact

For appeal to court charged national tax:

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

Term for reconciliation

The judge at its discretion determines whether it is possible to save the family. If even the minimum probability is, it can assign a husband and wife for reconciliation. Such a deadline can not be more than 3 monthsbut can not be less than 1 month. To reduce the term appointed by the court, have the right to ask for the court, providing justifying such a reduction.

Court hearing and issues permitted by the court in his course

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

1. On the recovery of alimony to the child.
2. About recovery (spouse).

The court's decision

In the marriage process, a court decision is one major document, because it is on its basis that marriage will be declared dissolved. In addition, it is on the basis of the decision of the judicial authority a certificate of dissolution of marriage is issued.

The court decision on divorce entails legal consequences only after it comes into force. For this you need to go through a month after it is made, allotted for the possibility of its appeal.

Judicial decision may be appealed to the superior instance. Make it can not only the plaintiff or the defendant, but also any third person participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of the dissolution of marriage itself, but also how the court was divided together by the progressive property or the place of residence of children was determined.

Certificate of Marriage Termination and the possibility of changing the name

Certificate The divorce is issued by the registry offices. To get it, you must submit an extract from the decision of the court on divorce. Extract (it indicates everything that should take note of the registry offices when making actions to issue a certificate) should be issued within 3 days from the date of entry into force of the decision. If it is difficult to get difficult or impossible, a copy of the court decision is also suitable for presentation. The evidence is issued to each side, to obtain it, you need to pay the state duty in the amount of 650 rubles from each spouse. With his subsequent loss, it can be restored, re-paying the state duty.

After termination of marriage spouses have the right to change the surname. It is necessary to do this at the time of registration of the divorce in the registry offices, that is, when applying for the issuance of a marriage certificate. Remember that when changing the surname will also have to change the passport!

Special cases

When dissolved, there are situations that require separate consideration.

Divorce without the presence of a spouse

The dissolution of marriage without the presence of one of the parties is possible in the following cases:

• if the spouse does not physically be present in the court or registry office;
• if the spouse does not agree to parting and its absence expresses it;
• if the spouse is recognized by the court incapable, missingly missing, or convicted for a period of 3 years and is in places of imprisonment.

If one of the spouses can not be present in the marriage termination procedure, then it can authorize a trustee to represent his own interests.

The court may also conduct a correspondence procedure. In this case, the defendant is informed about the broken-separated process, while he must inform the impossibility at the meeting and ask to postpone the hearing or to consider the case without him, but if he did not use this right, the court will decide in absentia.

In the case, if the defendant is not three times a meeting for reasons that cannot be recognized as respectful, the court on the last hearing makes a decision on divorce.

When mutual consent and employees of the registry office, the registry office, and the judge may terminate the marriage in the presence of only one of the parties. It should be remembered that in the absence of mutual consent, the marriage can be terminated exclusively in court.

Divorce with a foreigner

Distribute the marriage union with a foreign citizen in Russia, both through the registry office and in court.

• Divorce administrative It is made according to the standard procedure for the Russian Federation. It is also possible to terminate the marriage without the presence of a foreigner's spouse, but in this case its statement will be required, certified notarized.
• Divorce May be accompanied by a number of difficulties in the absence of a foreign spouse in the territory of the Russian Federation. In such a situation, it is possible to terminate a marriage without the presence of this spouse, but his statement will be required, as well as the complete adherence to his rights in accordance with the laws of the country, whose citizen he is.

Divorce with a convicted spouse

If one of the spouses were convicted for a period of 3 years and more and is in places of imprisonment, the second spouse may terminate the marriage with him administratively. Such a procedure is possible even in the presence of common minor children.