Interesting Facts 

How long does it take to get a divorce in a registry office. The correct wording of the application for divorce. The practice of divorce proceedings in different regions of Russia

You can file a divorce between citizens of the Russian Federation: by contacting the registry office, or through the court.

If the marriage is between a Russian and a foreigner, there is the possibility of divorce by contacting the consulate of the country of which the foreign spouse is a citizen.

In this article, we will look at how to quickly get a divorce for spouses who are Russian citizens.

Depending on the place of applying for a divorce (registry office or court) and the specific situation, a different package of documents will be required.

A package of documents for a divorce in the registry office

  • if the spouse has been sentenced for more than 3 years;
  • is listed as missing, or the court declared him dead;
  • deprived of legal capacity by a court decision.

In this situation, the second spouse must submit an application to the registry office, attach a court decision to it, and automatically receive a divorce a month later.

The fee for divorce is 150 rubles for 2016 (per spouse).

Package of documents for the court

The size of the state duty for considering a claim for divorce is 600 rubles for 2016.

How to file a divorce as soon as possible

The easiest and fastest way to get a divorce is the registry office. But it is suitable if there are no disputes about property between the spouses and they have no minor children.

The process of collecting documents for a divorce in the registry office does not take more than 1 business day, and the application itself is considered within a month.

If you go to the registry office outside the wedding season, when its employees have free time, the date of divorce may be set earlier. If you have valid reasons why the marriage should be dissolved as soon as possible, you can notify the registry office staff about this. In most cases, practice shows that they willingly meet halfway with such requests.

For a divorce in court, you will have to be patient and the documents necessary to speed up the process. In this case, the process of considering the claim takes no more than one month. Further, the spouses are given 1 to 3 months for possible reconciliation of the parties.

There is an important nuance here - this term can be waived at the court hearing. It should be explained (or it is better to indicate in the declaration of divorce) that the marriage relationship has actually been terminated, and reconciliation of the parties is impossible. Indicate that you are asking for a divorce as soon as possible.

If you already have a new relationship and you live in a civil marriage, you should also note this in the statement of claim.

On average, it is possible to divorce through the court in 1-3 months, provided that the second spouse is duly notified of the claim and does not shy away from attending the hearing.

How quickly to divorce if you have a child?

How quickly to divorce your husband or wife if you have a child? If there are small children - it doesn't matter whether they are born or adopted, divorce is made only in court. But there are a few exceptions to this rule.

If you have children, you can apply for a divorce at the registry office if:

  • the second spouse was declared missing, sentenced for more than 3 years or declared incompetent;
  • the child was born before marriage (even if it is a minor).

In such a situation, you can file for divorce at the registry office, and get a divorce within standard terms.

If you need to dissolve the marriage through a court, then count on terms from 1 to 3 months.

Registry office or court: where to go for a divorce

They apply to the registry office if both spouses agree to divorce, they have no small children and they have no disputes about.

Which registry office should I contact? At the place of residence, or in the one where the marriage was registered.

Divorce terms: up to 1 month.

You need to go to court for a divorce if one of the spouses is against the dissolution of the marriage or evades it; in the presence of common minor children and property disputes.

Which court to apply to? If there are no disputes about children, to the magistrates' court. If you cannot resolve issues with children on your own, go to the district.

The appeal is made at the place of residence of the defendant, or at the place of residence of the plaintiff if there is a valid reason (living with a minor child, illness, inability to travel to the place of residence of the plaintiff).

The term for divorce: 1-3 months from the date of filing the claim.

If you still have questions, you can ask them in the comments to this article.

The next entry Where to apply for divorce and what documents do you need to present?

If the spouses no longer want to live as one family, they have the right to either terminate their marriage in court. Any disputes about the division of the things acquired during marriage, the payment of funds for young children, disputes about who the children will continue to live with after the end of the divorce proceedings require that they go to court for divorce.

If the spouses do not have small children and they do not have claims to each other in the section of common things, they can file for a divorce through the registry office. Applying to the civil registry offices eliminates many difficulties and allows you to divorce in the shortest possible time.

Directly at the registry office, they will be presented with a sample application, told about what documents need to be collected, issued all the necessary forms and forms. They will also be notified of the necessary payments there. Examples of such payments are shown on the information stand. In particular, these include the state fee for divorce.

Divorce procedure in the registry office

According to the current legislation, the application for divorce in the registry office will be considered only if both spouses agree to officially terminate the relationship, they do not have young children and claims for the division of valuable property acquired during the marriage.

In some situations, an application for divorce can be submitted to the registry office, even if the second spouse does not agree to this. For example, the registry office will accept an application for divorce from one spouse if the other is officially recognized as incompetent, is listed as missing, or is serving a criminal sentence and the term of this punishment exceeds 3 years.

The application for divorce is filed and considered by the registry office in the manner approved by the current legislation. The spouse or spouse must collect the necessary documents and forms, submit an application, pay the state fee and wait for a decision.

It should also be noted that in the case of filing an application for divorce with the civil registry authorities, the spouses will need to wait 1 month. This period is given to them for reconciliation. If, within the allotted month, the man and woman do not change their minds, they will need to re-visit the registry office and confirm their application. If they do not appear at the registry office, then the application will be automatically rejected.

How is divorce carried out on a joint application?

In accordance with the norms of the current legislation, it is possible to submit documents and get divorced through the civil registration authorities at a joint request, subject to three main requirements:

In order to confirm mutual consent to conduct the divorce process at the registry office, the spouses need to submit a written application, prepare the necessary documents and forms and transfer all this to an employee of the civil registry office.

In the event that a husband or wife does not have the opportunity to visit the registry office for valid (legitimate) reasons, then he has the legal right to draw up a separate application and certify it with a notary. The reasons are completely different. The most common are long business trips, serious illness, being in an area located too far from the registry office.

Divorce without going to court will not work for those persons who have joint children under the age of eighteen.

If the children are not common, then this will not hinder the consideration of the application. For example, if a woman has a child from her previous marriage and he is a minor, it will not hurt to get a divorce. It is also important to know that if a man and a woman are raising jointly adopted minor children, they will not be able to divorce through the registry office.

In order to formalize the dissolution of the marriage union through the civil registry authorities, they need to apply either to the authority located at the place of registration, or to the authority that registered their marriage. The list of required documents may vary, please clarify this issue on an individual basis. Typically, it includes the following:

  1. Passports of a man and a woman.
  2. Marriage certificate.
  3. Document confirming the payment of the fee.

In order to dissolve the marriage union, at least one of the spouses must be present at the registry office on the day of registration. The union will not be dissolved in the presence of representatives of both spouses at once and in the absence of at least a husband or wife.

Features of a divorce on the application of one spouse

The law permits, in exceptional cases and as specified in the relevant provisions, divorce at the request of one husband or only a wife. In such conditions, the law does not take into account whether they are raising common young children and whether there are property disputes. These exceptional cases include situations in which:

To file a divorce at the registry office, the spouse who has expressed such a desire must apply at the place of registration of their marriage union or at the registry office at the place of registration. Before contacting, you need to collect the following documents (the list may change, if possible, check it in advance):

  1. The passport.
  2. Marriage certificate.
  3. Declaration of desire to divorce.
  4. A check from the bank confirming the payment of the fee.
  5. A court decision confirming that the second spouse is incompetent, missing or sentenced to imprisonment for 3 years or more.

In addition, the spouse who wanted to divorce must be provided with information about the location of the institution responsible for the execution of the punishment, or the place of registration of the guardian of a person recognized as incapable, or the manager of the personal property of a missing citizen. Information is indicated according to specific circumstances.

After accepting documents from the spouse who has expressed a desire to divorce, the civil registry office is obliged to notify the guardian of the person recognized as incapable, or the convicted spouse, or the person managing the personal property of the missing spouse, that the second spouse has filed an application and other documents for dissolution of the marriage union. The day on which the official registration of the dissolution of the marriage union will be performed is also required.

A married couple who have made a mutual decision to divorce must decide how the process will go. In Russia, there are two ways, and the most optimal one is in the registry office. However, a number of conditions must be met for this. Otherwise, the resolution of disputable issues will have to be postponed to the court session. It is about how to get a divorce through the registry office and how long it takes will be discussed in this article.

Please note that the portal provides free legal advice on family matters.

All specialists have extensive practice in this matter and have appropriate legal advice. The portal was created in order to increase the legal literacy of the population, because not knowing the law does not exempt one from responsibility. And knowledge empowers citizens!

Divorce through the registry office, the timing of which is considered the most optimal, is a simplified procedure. However, this method is not relevant for everyone. A quick divorce process is possible if both parties have agreed, do not have children under 18 in common, and there is no conflict between them regarding property.

How long does a divorce through the registry office last? The divorce period is thirty days. After the couple submits an application with the necessary documents, the registry office staff makes an entry in the act stating that the social condition of citizens has changed. After that, already ex, husband and wife can receive a document certifying the termination of the relationship.

However, there are circumstances that can increase the terms of divorce through the registry office. As a rule, this happens due to the sudden refusal of one of the parties or when a dispute arises. Read on for more details.

List of exceptional cases

On the basis of the IC of Russia and Article No. 19, people can apply for divorce through the registry office if:

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

This article also provides information on the basis of which it is allowed in three cases to dissolve the marriage union, even if one of the spouses wishes:

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

All other cases are intended for trial in a court, it can be a civil court or a magistrate.

In addition, even with mutual consent, dissolution of a marriage requires the absence of disputes over joint ownership, i.e. civil debate. In this state of affairs, the divorce proceedings are also transferred to the courtroom.

We write a statement

It is necessary to issue a divorce through the registry office in accordance with the Federal Law "On acts of civil status" (Article 33). Mutual consent of the spouses involves filling out an application in form 8, which must contain the following information:

  • these parties;
  • days and places of birth of spouses;
  • citizenship by passport;
  • nationality;
  • indicate the address of registration;
  • information from passports;
  • information on registration of marriage relations;
  • fill in the box about what surname the spouses will have after the divorce.

Signatures must be put by both parties on the same form, or each fills in and signs separate ones. However, the information should be similar.

Note that if your case belongs to the list of exceptional, i.e. the spouse is recognized as incapacitated, missing or convicted, then the application for divorce is filled out according to model No. 9.

The only difference from Form 8 is that the divorcing person must fill out an application for two and enter the details of the court decision. A copy of the court decision must also be attached. If the second party is serving time, then the data on the place is entered. Then it is also indicated how the surname will remain, date and signature.

There is another form numbered 10. It is relevant for those who already have a court order in their hands and need to obtain the appropriate certificate.

If everything is filled out correctly and without errors, then the representative of the registry office will assign a number to the application, indicate the date and time of acceptance of the request. Registration information is indicated at the top of the application.

The list of documents for divorce through the registry office

In addition to the application for the initiation of the divorce proceedings, documentation should be collected. It may be as follows:

  • a sample application that suits your case;
  • originals of identity documents;
  • certificate of entry into the union in the original;
  • check for payment of the state fee.

The amount of the state fee for divorce is 650 rubles for each of the couple, but only if the process takes place by mutual consent.

If the application is submitted on the basis of the above cases, then such documents will be required as:

  1. A court decision on the incapacity of the second party or on the fact that he is listed as missing.
  2. A judgment on the basis of which the other party to the marriage is serving a sentence.

If the court decision is already in hand and the applicant only needs to register this fact and obtain a certificate, then it is necessary to take a personal passport with him and make a copy of the court decision.

Where to apply with the application?

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

It is not uncommon for the presence of one of the parties to be impossible due to various circumstances. If this is the case, then a possible option is to write a statement at home and send it through the second party.

You can also send by mail in the Russian Federation, but it can take a long time if the letter is not certified.

Another important point for those whose situation is exceptional:

  1. the signature of the incapacitated person must be endorsed at the notary's office;
  2. the signature of the person serving time is made by the head of the institution.

With regard to a good reason for failure to appear in the divorce proceedings, it will be considered as such if:

  • the party has a serious illness;
  • be in military service on an urgent draft;
  • long business trip over a long distance;
  • residence of a person in a hard-to-reach place;
  • serving a prison term.

In all other cases, failure to appear will be considered disrespectful and the decision to divorce will be made in the presence of the applicant.

About divorce procedure

Upon completion of all legal formalities - filing an application, accepting and registering it, as well as making an appropriate entry in the accounting book - the registry office employees record citizens for a specific day and time to issue them a certificate that their marriage is dissolved.

Let's emphasize again - the formal procedure for registering the divorce proceedings is carried out within one month after the date of filing the claim.

By the way, it is not uncommon for a couple to come to a decision to keep the family hearth in the allotted month. If this happens, you should notify the registry office where the application was submitted. At the same time, you do not need to wait a month. Otherwise, the couple will have to re-enter into a marriage union.

Employees of the registry office always notify the other side of the process if the application was submitted alone. The same applies to the guardian who cares for the disabled person. The notification is sent within three days from the date of receipt of the application by the employees. If the other party does not agree, then the divorce proceedings will be carried out in the judicial authority.

If you want a divorce, but your partner does not want it, then you can unilaterally file for divorce through the court.

If your partner gives you consent to the divorce, then you can quickly.

Divorce through the registry office is quick and easy, but we will consider the option of divorce in court.

Grounds for termination of marriage.
- When is it filed for divorce in court? Conditions.
- In which court to file for divorce?
- Documents for filing for divorce through the court.
- How is the trial going?
- Terms of divorce.
- Nuances in divorce through the courts.
- Grounds for termination of marriage.
- State duty, and the cost of a lawyer in case of divorce through a court.
- Video.
- An example from judicial practice.


Grounds for termination of marriage

From the standpoint of legislation (Article 16 of the RF IC) the grounds for terminating family relations 4:

  • Death of one of the spouses;
  • Recognition of a spouse or spouse as deceased (by the court);
  • Submission of an application by one of the spouses for divorce (by the spouse's guardian in case of his incapacity);
  • Divorce filing by both spouses.

In the first two cases, the marriage ends at the time of the occurrence of the event or the entry into force of the court decision.

When is it filed for divorce in court? Conditions.

As already noted, you can get a divorce both in the registry office and in court? But when exactly do you have to go to court?

There are three cases:

  • The presence of joint children under 18 years of age (clause 1 of article 23 of the RF IC);
  • Unwillingness of one of the spouses to part with their other half (Article 22 of the RF IC);
  • Evasion of one of the spouses from appearing at the registry office, with theoretical consent to divorce (clause 2, article 21 of the RF IC).

In the first case, everything is clear: even if the husband and wife vied with each other about the impossibility of living together in the future, but at the same time they have at least one common child (minor), they will still have to divorce in court.

In the second, everything is also clear: the husband or wife wants freedom, and, accordingly, his wife or husband counts on the earliest possible reconciliation and preservation of the family. In the registry office, such a couple will not be divorced. The case will be decided in court.

The third case is the most interesting: both spouses agree and, but someone alone sabotages the event in every possible way, and simply does not appear on the day appointed for divorce to the registry office. In this case, anyone who wants to break off family relations will have to file a lawsuit to dissolve the marriage.

Which court to file for divorce?

As a general rule, divorce cases are considered world judge - Clause 2, Part 1, Art. 23 Code of Civil Procedure of the Russian Federation. If, during the divorce proceedings, the husband and wife decide the issue of determining the place of residence of their joint child, then such a case will be considered district court - Art. 24 Code of Civil Procedure of the Russian Federation.

The claim is filed with the court at the place of residence of the defendant, or the plaintiff, if the place of residence of the first is unknown. It is also allowed to file a claim in court at the place of residence of the plaintiff if a minor child permanently lives with him, whose place of residence after the termination of the marriage will have to be determined by the court.

Documents for filing for divorce in court.

Submitted according to the general rules for filing an application. The initiator of the divorce will be called the plaintiff, the other party - the respondent.

The claim indicates the complete data of both parties, including the place of residence, the basis for divorce (formal condition), and documents (copies) are attached to it:

  • Marriage certificate;
  • Children's birth certificates;
  • Income certificates, if we are also talking about the collection of alimony;
  • State fee payment document;
  • The spouse's consent to divorce is notarized, if any.

How is the trial going?

After accepting the claim, the court fixes the date of the first hearing. It cannot be appointed earlier than one month after the filing of the claim by the applicant. The Claimant and Respondent will receive a divorce summons in the mail prior to the hearing. At the first session, the court finds out the attitude of the parties to divorce, the reasons for the divorce, the possibility of keeping the family.

If both spouses have a strong desire to part ways, and there are no disputes on other issues, then the divorce process in court ends there. The court issues a divorce order and, after 30 days, sends a copy of it to the registry office. If everything is not clear in the case: the husband / wife does not want to disperse, then the court appoints a time limit for reconciliation of the parties, usually 3 months. If, after the expiration of the term, the parties still have not found a common language, then the judge makes a decision to terminate the marriage.

In case of no-show ..

If both spouses did not come to court, then the case is closed and the family is preserved, but if only one, then for a start the judge finds out:

  • Whether the absentee was duly notified and if so, then;
  • Was his reason for failure to appear valid.

If the party was duly notified and no petition was filed to consider the case in her absence, the judge can either postpone the meeting to another date, or hold the meeting in the absence of the absent one.

Two failures to appear (two postponements of the hearing) are allowed, with the third failure to appear, the court will be forced to make a decision.

Divorce terms

Unencumbered by other requirements and with the consent of both spouses, a divorce in court will not take more 1 month (plus 1 month for the entry into force of the court decision) from the moment the plaintiff submits the application.

If only one spouse has a demand to break family ties, then the court may drag on for 4 months (plus 1 month for the entry into force of the court decision). The deadline includes the maximum allowable time for reconciliation of the parties.

If the desire to divorce is strong only on one side, and the second, after the allotted period for reconciliation, did not appear at the hearing, and then again and again did not appear, then the whole will have to be divorced. 6 months from the moment of filing the claim (plus 1 month for the entry into force of the court decision).

If the divorce process is associated with, then the terms, in general, can vary from six months to one and a half years.

Nuances in divorce through court

The family legislation of the Russian Federation provides the right to initiate a divorce for both the husband and the wife, but there are some nuances.

So, the husband has no right to apply for the spouse and a year after the birth of the child. The court will divorce the couple only if the spouse expresses the desire (Article 17 of the RF IC).

If the claim for divorce provides for a request for the division of property, then such a claim can be filed in court at the location of this property itself (when it comes to real estate) - Part 1 of Art. 29 Code of Civil Procedure of the Russian Federation.

In the event of a simultaneous division of property, together with a claim, it is advisable to file a petition for the seizure of the property so that the defendant cannot implement it.

It happens that the spouse is reconciled after the court has made a decision on divorce. In this case, the law gives the right to appeal the decision of the court within 30 days, and in the court of second instance to drop the claim.

State duty, and the cost of a lawyer in case of divorce through a court.

Freedom has always been highly valued in the literal and figurative sense, so a person who decides to get rid of married life will have to spend money.

The cost of divorce, excluding compensation (if any are provided for by the marriage contract), property consists of a state fee and the cost of the services of a trustee (lawyer).

There are three options for the fee, depending on the conditions:

1) For state registration of divorce, including the issuance of certificates:
by mutual consent of the spouseswho do not have common minor children - 650 rubles from each of the spouses.
2) Upon divorce judicially - 650 rubles from each of the spouses.
3) Upon divorce at the request of one of the spouses if the other spouse is recognized by the court as missing, incapacitated or convicted for committing a crime to imprisonment for a term exceeding three years - 350 rubles.

The cost of a representative's services varies from region to region. So, in the capital a family lawyer will cost 900 rubles, and representation in court in the amount of 10 thousand rubles. In the provinces, the amounts may be lower.

An example from judicial practice

Inna B. filed a lawsuit for divorce from her husband Stanislav B. At the time of filing the application, Stanislav B. was registered with his friends, but Inna B. did not know the address. The couple had a 5-year-old daughter. The wife filed a lawsuit with the district court at her place of residence, indicating that she did not know where her husband now lives. The wife also filed for the division of jointly acquired property (car and garage). On the advice of a lawyer, Inna simultaneously declared a demand for and determination of her permanent place of residence with her mother.

Stanislav did not appear at the hearing. The court decided to postpone the consideration of the case for a month. Stanislav again did not appear at the re-hearing, the court again postponed the consideration of the case for a month. At the third court hearing, the husband came and said that he did not intend to part with his wife, but wanted to keep the relationship for the sake of his daughter. The court set a time limit for reconciliation - 2 months.

Two months later, at a regular meeting, the court ruled to divorce the couple, leave the daughter to live with her mother permanently and assigned her alimony, property to be divided in equal shares, but it turned out that by the time the decision was made, the car had been sold and the property of the spouses was one garage. In the future, Inna could not prove that she did not know about the sale of the car and could not cancel the deal.

To dissolve a marriage means to officially end the relationship between two people. Today, it is not enough to live separately and stop communicating, it is necessary to carry out a legal divorce procedure through the registry office or in court. At the same time, there is a certain order of divorce through the registry office at the end of the process, which citizens receive the corresponding document.

In view of the relevance of the topic raised in this review, comprehensive information will be provided on such questions as: how to divorce through the registry office, what is needed for a divorce in the registry office, is it possible to divorce if there are children, what are the divorce rules and how to write a divorce statement.

Also, all readers have access to sample documents and standard forms, which can be downloaded in a free format.

The portal visitors are offered free legal advice on family matters.

A popular question that many couples ask when deciding to terminate a relationship is "How to file a divorce through the registry office." Note that even if only one side wishes, this will happen. The only thing is that such a process will be considered already in the judicial authority. Therefore, from unwillingness and all kinds of evasion, this will not affect the legal side in any way. For the main postulate of the Constitution of the Russian Federation is "Where the freedom of one person begins, the freedom of another ends."

Nevertheless, the Russian Legislation provides for exceptional cases in which the opinion of a party will always be taken into account. When is it possible:

  1. if the spouse is carrying a joint child;
  2. if the spouse is raising a common child or children in the period from 1 to 3 years.

However, at the same time, the spouse has the right to file an application for divorce in court, if the wife gives such consent. In practice, such situations are extremely rare. It should be noted that even with a stillborn fetus or death after birth, the spouse will have to wait 12 months in order to file a claim for divorce without trial.

A divorced person has the right to go to the registry office or send a claim to the court (civil or peace). It depends on the fact that there are joint minor children and whether it is necessary to divide the property. An important point - even with such a question, the spouses can reach an international agreement, fix it on paper with a notary and thereby initiate the divorce proceedings through the registry office. To find out how to do it correctly - contact the portal specialists, who will answer your questions free of charge.

How is the termination of marriage through the registry office?

This section lists the two most common cases when filing a divorce at the registry office in 2019.

There is a consent of the second party

The divorce procedure through the registry office is carried out in a simple and least painless way, not only for spouses, but also for loved ones. To do this, you should visit the registry office, as a rule, this is the branch where the marriage was registered. Take a sample there that suits your case and fill it in correctly. In the absence of such factors as joint children and conflict over the division of property, divorce will be carried out at the branch of the registry office.

Similar actions will be taken if one party is unable to appear at the trial. Here it is necessary, before visiting the registry office, to come to a notary and draw up a legally correct consent to divorce.

If the spouse or wife is in prison, the application must be certified by the head of the institution.

In the past few years, the country has developed a state portal of services for the population. Also, multifunctional centers are opening everywhere, where you can file a divorce at the registry office in 2019 in Russia.

Application to the registry office from one side

You can also file a divorce at the registry office without asking the faithful. However, such cases are clearly spelled out in the IC of Russia, namely:

  • If the court finds the spouse guilty and imprisonment for a prison term of 3 years or more. When submitting an application, you must attach a copy of the court decision on the matter.
  • The second half of the couple was declared incompetent by the judicial authority. The corresponding decision should be attached to the divorce documents through the registry office.
  • A situation in which one of the parties went missing. The proof is a copy of the decision.

If your situation fits these conditions, then after reading this article you will no longer ask the question "How to get a divorce without a court." Next, you will learn how to file an application for divorce and how to make it legally correct.

The correct wording of the divorce petition

Divorce in the registry office upon reaching a mutual decision between the parties involves filing an application for divorce in the registry office. At the same time, as noted above, when submitting an application, it is allowed to provide a second consent in the form of a notarized document.

Divorce in 2019 through the registry office should take place on the basis of an application in a form that suits the situation:

Samples of each form can be downloaded from the portal free of charge.

The application must include a mandatory clause about:

  • contact details of the parties;
  • the number of the registration certificate of the marriage union;
  • where did the registration take place;
  • the fact of the absence of a joint child;
  • nationality is indicated at will;
  • in case of divorce, you must fill in the "Last name after" column.

After the application is written, you need to take the details of the selected body and pay a state fee in the amount of 650 rubles. for each or 350 rubles. in cases provided as exceptional. The submitted document is certified by a receipt of the payment made without fail. Otherwise, it may be denied acceptance.

In case of divorce through the registry office, in which the spouse died, this certificate must be attached. The application for divorce in the registry office does not indicate the reason, which is a significant psychological advantage, in contrast to the courtroom.

Additional Information

For an out-of-court divorce, you should take into account such nuances as:

  1. Failure to appear at the department for no valid reason entails the applicant's right to receive a positive decision at the first meeting with the department staff. Good reasons include if the terminator cannot be present for the reason: severe course of the disease, stay on a long business trip at a remote distance, call for army service. A possible way out of this situation is to provide written permission.
  2. If a conflict situation arises regarding the division of jointly acquired property, then a divorce can also be filed at the registry office. It goes as follows: first, the marriage is dissolved in the registry office, and then a claim proceeding for the division of property is initiated. For more information, ask the lawyers of the portal.
  3. Divorce in the registry office is allowed only if its registration took place on the territory of Russia. In all other cases, the application will be rejected.

It is noteworthy that backing down after the completion of the process is not allowed by law, i.e. if the decision was mutual and both parties are competent.

Duration of the divorce proceedings

How a divorce occurs and how to file an application for divorce with the registry office - the reader already knows. Now it is necessary to touch upon the moment of the period at which the correct divorce proceedings are carried out.

So, starting from the date of filing the application, the parties are given one calendar month in order to weigh everything. Indeed, quite often the husband and wives go to the registry office being in a stressful state after a discord. That is why such a period is given to withdraw the application. If this happens, then the procedure for divorce states that the entire process will be canceled, but the state duty will not be refunded. Therefore, if you do not pick up applications within this period, then upon its expiration, the procedure will automatically end.

On the appointed date, the spouses come to the registry office to dissolve the marriage. This is done in order to obtain a divorce document. Employees of the body make an entry into the act, put stamps in passports and from that moment on, the social state of people changes. It is noteworthy that it is enough for one of the spouses to appear for a certificate to be obtained, and the marriage was officially recognized as dissolved. The second spouse, who divorced the marriage, can visit the department at a convenient time for him. This will not affect the situation in any way.

The period of the divorce case can be changed if both spouses so wish. Increase the time for consideration is required in cases where the appeal goes to court due to a change in the decision of one of the parties. A statement of claim is filed, the main requirement of which is the termination of the marriage relationship. In this case, the process will be delayed in time, because each situation is considered individually.

Important information: The divorce process takes place according to the rules from the IC of Russia, namely Art. No. 19 and Chapter No. 4 of the Federal Law “On acts of civil status. They contain complete information about the conditions for divorce in the registry office, incl. requirements for applications, the procedure for its submission and, accordingly, the procedure itself.