How to apply for divorce at the registry office. What documents are needed for divorce.

Divorce means the termination of family legal relations between spouses in the manner prescribed by law. The need to dissolve a marriage arises when it is impossible to save the family. At the same time, spouses often do not know where to apply for a divorce, what list of documents is required for this, and how long the process is.

In order to decide where to apply, you need to understand that there are two ways to get a divorce:

• through the registry office;
• V judicial procedure.

When to contact the registry office

It is possible to file an application for divorce by contacting the authority that registered the marriage in cases where the parties do not have minor children, and there is no unresolved conflict related to the division of property acquired during the marriage.

You should also file for divorce with the registry office if there are circumstances specified by law. If they occur, then one of the spouses can demand termination of the marriage relationship; an application from the other is not required. But before you file for divorce unilaterally, it is necessary to make sure that the situations enshrined in the law are documented. Their list is as follows:

• deprivation of legal capacity of one of the parties;
• declaring a husband or wife missing;
• finding the spouse guilty of committing a crime and imposing a term of imprisonment of more than three years.

The easiest way is to send documents requesting a divorce to the registry office where the relationship was originally registered. Since this department has the necessary information, there is no need to collect additional papers.

When spouses change their city (other locality) of residence, they should contact territorial body, located at your current place of residence.

What documents will be needed when applying to the registry office?

If a husband and wife came to general decision about divorce, then, according to the norms current legislation, the application is submitted using a separately developed form, which must contain the following information:

• personal data of the parties;
• information about marriage registration;
• surnames that those divorcing want to keep after the divorce;
• signatures of both spouses.

Also, in order to get a divorce, you will need to present:

• passports of spouses;
• marriage certificates;
• birth certificates of common children;
• document confirming payment of state duty.

At the moment when the parties contact the registry office, a specialist should carefully check the completed application. If no errors or inaccuracies are found, the document is accepted by the employee. It is assigned a number, and citizens are given a date and time at which they must appear and receive a document stating that the marriage has been terminated.

The application is considered within thirty days. Such a period is provided to the parties so that they can think about the situation and, having changed their mind, save the marriage by taking back the previously submitted documents. If the opinions of the spouses have remained unchanged, then after the deadline they need to visit the registry office to obtain a certificate of divorce.

Divorce in court

Divorce through the court is carried out if the spouses have common children who have not reached the age of majority, or if property disputes arise. An application for divorce will have to be submitted to the court in cases where an agreement has not been reached regarding:

• determining the place of residence of common children after separation;
• division of property purchased during the marriage, when the value of the claim exceeds the amount of 50,000 rubles.

In these cases, the case is subject to consideration by the district or city court. Other applications are submitted to magistrates at the place of residence.

Divorce in the presence of minor children is carried out only through judicial trial. If you need to determine the place of residence of a joint child under the age of 18, you will have to go to court. In addition, in the event of a dispute, the process may consider issues related to the time the second parent visits the child, as well as the division of the common property of the spouses.

To determine where to apply for a divorce, you should know the rules of jurisdiction. The resolution of the case in such circumstances will be entrusted to the judicial authority, determined by the place of residence of the spouse acting as the defendant. That's how it is general rule: the claim is sent to the judicial authority territorially corresponding to the place of registration of the defendant. But there are exceptions in which this prescription is not required. If the person filing the claim has children under 18 years of age or if the plaintiff is seriously ill, it is possible to send documents to the district court at his or her place of residence.

How to competently draw up a statement of claim for divorce

If there are minor children and the spouses have reached mutual agreement on all issues related to the upcoming divorce, the following information must be reflected in the statement of claim:

• the exact name of the judicial authority where the claim is being sent;
• information about the parties divorce proceedings(F.I.O., details of identity documents, information about registration and actual place of residence of both participants, their telephone numbers);
• link to marriage certificate;
• where and when the marriage relationship was registered;
• the reasons that led to the breakup of the family (often the parties refer to the fact that they did not get along);
• a note that the respondent spouse does not object to the divorce;
• what surnames those divorcing will have at the end of the procedure;
• an indication that there are no disputes regarding the division of joint property and the establishment of the place of residence of common children;
• list of applications;
• date of filing the claim and signature of the person presenting it.

If there is a situation between husband and wife conflict situation on issues of division of property acquired during marriage, alimony payments, or the second spouse does not agree to divorce, then the claim is filed unilaterally. It is drawn up according to the same principle as with mutual consent divorcing, but does not contain a note indicating that the defendant has no objections. In addition, the text must detail the essence of material claims, if any.

What documents are needed for a divorce through court?

When a marriage is dissolved by trial, in addition to the claim, the following documentation is presented:

The application is submitted directly by the plaintiff or his representative when applying to the appropriate court. If this is not possible, then the claim should be sent by mail, attaching the necessary package of documents. It is recommended to arrange this by registered mail with acknowledgment of receipt.

Time limits for consideration of the case by the court

If the participants in the divorce proceedings jointly went to court, making a decision by mutual agreement, then the maximum duration for resolving the issue will be three months.

At the discretion of the court, spouses may be given time for reconciliation of one to three months. This period is determined based on the plaintiff’s requirements. When in a statement of claim in detail If the reasons for divorce are not stated, then the time period for reconciliation may be maximum. In order to speed up the procedure, the parties are recommended to include in the text of the claim an indication that there is no need to provide such a period due to certain reasons, the presence of which must be justified in detail.

When the spouses were unable to resolve property or alimony issues, litigation may last several months. For this reason, the following sequence of actions seems reasonable: first, the party makes only demands for divorce, and at the end of the case, it again goes to court with a claim for the recovery of alimony payments or division of marital property.

To summarize, we note that each citizen is able to independently determine where to file an application for divorce, depending on the specific circumstances. Everyone can prepare a package of documents, draw up a claim and send them to the registry office or court. However, more often spouses turn to lawyers when they need to file for divorce, if there is a child or a complex division of property is ahead. By entrusting the process to a professional, people feel confident that their legitimate interests will be respected throughout the divorce procedure.

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When planning a divorce, you need to prepare in advance: find out which authority to contact, what documents are needed for this. You will learn about the main points of the procedure from this article.

What do you need to file for divorce?

Before initiating a divorce procedure, you should decide on the following points:

• availability of spouses for expenses;
• compiling a list of property acquired during marriage for each spouse;
• resolving the issue of who the children will live with after a divorce, taking into account their opinion, if they are over 6 years old.

Agreements are drawn up by spouses in writing. Notarization is desirable, but not required by law. In relation to real estate it is carried out state registration and a change in ownership rights - from joint to separate shares.

Where to go to file for divorce

The choice of government agency depends on the reasons for the gap family relations. The registry office accepts applications for divorce in the following cases:

1. Joint decision-making by spouses, in the absence of children under 18 years of age and disputed property rights (Article 33 of Federal Law No. 143). Citizens can apply either at the same time together or on separate days. If the second spouse is on a long business trip or undergoing treatment in a hospital facility, the application must be notarized. When leaving for permanent residence to another partner country, the document must bear the seal of the Russian consular office abroad. The main condition is the presence general will to break the relationship between two people. When a couple has minor children or the issue of division of property has not been resolved, the registry office sends them to court to file a claim.
2. If one of the spouses applies, if the second one, as well as sentencing him to imprisonment for a term of 3 years. Exceptional cases also include declaring the second spouse incompetent. All these facts must be established by a court decision. For divorce in these situations, only a statement from the husband or wife is sufficient. Consent to the divorce of the second half is not required.

Courts accept claims in the following situations:

1. When there is a dispute about property up to 50 thousand rubles. - decide their world courts, from 50 thousand rubles. - regional city.
2. If there are children under 18 years of age, even if the parents reach agreement on the procedure for their maintenance and place of residence. The state takes care of their fate.

In all cases, divorce is prohibited for men during their wife’s pregnancy and raising a child up to one year old (Article 17 of the RF IC).

What documents are needed to file for divorce?

A set of papers for divorce depends on the authority that carries out the procedure.

• one or two separate divorce applications from each spouse;
• passports;
• original certificate of registration of relations;
• agreement on the division of property or marriage contract, confirming the absence of disputes about acquired property.

When filing a claim for divorce in court, the following are provided (Article 132 of the Code of Civil Procedure of the Russian Federation):

• an application with a copy for the defendant - the second spouse and the guardianship and trusteeship authorities, if there are minor children;
• state duty;
• original marriage certificate;
• evidence of the circumstances specified in the claim;
• for a judicial representative - a power of attorney;
• consent to divorce in a notarial form from a woman who is pregnant or raising a child under 1 year of age;
• prenuptial agreement or property division agreement, if any.

To allocate shares, the value of the property may need to be assessed by a professional appraiser. The parties may apply for this service independently or request the appointment of an examination before the court.

If an agreement is reached on the place of residence of the children or the division of part of the property, the corresponding agreements are also attached to the claim (clause 1 of Article 24 of the RF IC).

The consideration of the case usually lasts 1-3 months in the absence of complications regarding the allocation of shares in acquired property, leaving children with, the procedure for their maintenance and appointment of visits. In the event of a request for additional documents, the reluctance of the parties to actively participate in the divorce process, difficulties with payments for a disabled spouse and other significant circumstances that prevent the resolution of disputes, the case may drag on for years.

Comments:

In order for the divorce to be legal, you need to write, collect the required documents and submit it all to the registry office or to court. Simply going to different places, stopping communication and all interaction is not enough. Therefore, when intending to dissolve a legal relationship with your wife or husband, you must know how to correctly draw up a divorce application, where it can be submitted to specific situation, where to get samples of the necessary applications, how to submit for division of property, who will have to raise children, etc.

What is the procedure for divorce?

For a divorce case to be opened, the desire of the spouse is sufficient. In a situation where one spouse makes a firm decision that he no longer wants to be married to the other, a divorce will be carried out. In practice, only the duration of the consideration of the case and the procedure for conducting the process depend on the consent of the second party.

However, the law provides for a number of situations in which it is prohibited. These include, for example, the pregnancy of the spouse. IN in this case the law will not allow a man to file for divorce. An application for divorce will be considered only if the wife also wants it. In addition, the court will not accept a man’s application for divorce during the first year after the birth of the child.

First of all, spouses need to find out where they can get a divorce. Thus, writing an application for divorce and carrying out the procedure is allowed in the registry office and in court. Where exactly you can get a divorce in a particular situation depends on a number of conditions, in particular, on the presence of minor children and the desires of the other party. In addition, you need to know when you can expect a decision to officially dissolve the marriage. The law establishes that, regardless of whether the spouses apply to the registry office or they divorce through the court, the process will be completed no less than 1 month after they submit the appropriate application for divorce. There are no exceptions to this rule provided by law.

It is also important to know when you can contact the registry office, and when you will have to resolve the problem through the court. So, if the spouses do not have property claims against each other, they do not have minor or minor children, and they both want to divorce in as soon as possible, they need to write .

If the spouses have minor children, they cannot independently resolve issues with the division of common property, or only one spouse agrees to file for divorce, and the other refuses to do so, then you will have to file for divorce in court.

If possible, spouses should try to draw up and notarize an agreement on:

1. Division of property acquired during marriage.
2. The person with whom the children will live after the dissolution of the marriage.
3. The amount and procedure for making alimony payments.

However, in most situations, the spouses cannot resolve all these issues by mutual agreement, and therefore the court will deal with all the issues mentioned. Practice shows that resolving everything through the court is much longer and more problematic than through the registry office and a notary.

Divorce through the registry office in case of mutual consent of the parties

Divorcing a marriage through the registry office is much faster and easier than doing it through the court. Both spouses need to visit the registry office and file a divorce application there. If the spouses do not have minors or minor children, after 1 month they will only need to visit the registry office again and finally confirm their decision to divorce.

If one spouse who does not object to the divorce does not have the opportunity to appear in person at the registry office, he can issue a notarized consent to the divorce process. Heads of correctional institutions, commanders of military units, ship captains, etc. have the right to certify such statements.

In some cases, the law provides for the possibility of dissolving marriage bonds without involving a second spouse. The list of such cases may change, so if necessary, it is recommended to further clarify them before filing a claim. Exceptional situations include those in which:

1. One of the parties is serving a sentence while in prison, and the term of such imprisonment exceeds 3 years. In this case, it will be enough for the wife or husband to attach a copy of the court verdict to the application.
2. The second party is officially declared incompetent. The claim must be accompanied by a copy of the decision that the spouse is incompetent.
3. The second spouse is officially considered missing or absent. In this case, a copy of the relevant decision must also be attached to the divorce application.

In what cases is it necessary to get a divorce through the court?

Divorce in court is carried out in situations where there are no grounds for divorce through the registry office. The divorce itself will require much more time. You will have to collect a number of documents, file a claim, the judge usually uses his right to extend the proceedings so that the wife and husband have the opportunity to change their minds, etc.

As a rule, people go to court if they have common minor children, if they cannot divide joint property by mutual agreement and if one of the parties objects to the divorce, does not appear at the registry office, etc.

During the trial it will be established who will deal with it and in what order. further education children, how the division of property acquired during marriage will be carried out, in accordance with what conditions the second parent will pay alimony, etc.

It is important to choose the right court in which to file a claim. First of all, you should know that the application can be submitted to the district or magistrate court. Spouses who have minor children and property that requires division must apply to the district court if the amount of this property exceeds 50 thousand rubles. The magistrate deals with cases in which minor children are not involved, and the amount of the claim does not exceed 50 thousand rubles.

The application is submitted to the court at the defendant’s place of residence; if the plaintiff is sick or has a minor child, he can file a claim at his place of residence.

The procedure for divorce through court

After the spouses file their case in the district court or magistrate judge, they will need to wait until they are notified of the place and time of the hearing. In most cases, spouses receive such notices 1.5-2 weeks after filing a claim. If there is no notice for more than two weeks, you can call the court and find out what the reason is. If there are no factors that would impede the movement of the statement of claim, the hearing is conducted on average 1 month after the receipt of the statement of claim.

If you do not want to attend the meeting, you can send a corresponding request that the case be considered without you. The defendant in the case has the right to file an objection to the claim or send an application for its recognition.

First, the court will find out the defendant’s opinion and inquire about his desire to divorce.

If the defendant gives his consent, the marriage will be officially dissolved without additional clarification of the grounds and motives for dissolution.

If the defendant does not give his consent to the divorce, the judge will have to find out what prompted the plaintiff to file such a claim, inquire about the possibility of resolving the conflict and, in general, preserving the marriage. In this case it will be given additional term for reconciliation, and the court hearing was postponed. The judge can give up to 3 months time. If before the next meeting the plaintiff does not submit an application to renounce his original demands, the marriage will be dissolved.

After this, another 1 month will have to pass, and only after its expiration will the court decision on divorce gain legal force. If a decision is made against the decision appeal, the divorce judgment will enter into legal force only after consideration of the appeal. The marriage is considered officially dissolved on the day of entry court decision into legal force.

Thus, you can get a divorce through the registry office and through the court. In the absence of mutual claims and other provided by law At this point, it is better to contact the registry office. If you cannot reach a solution that suits both parties, you will have to get a divorce in court.

Comments:

Divorce is always a painful process, even if ex-husband My wife and I decided to separate by mutual consent. More often, another situation is observed when a divorce is complicated, for example, by the reluctance of one of the parties to share property or the question of who the child should stay with. Depending on the current situation, there are different places where to file for divorce. There are two possibilities: the registry office and the court.

If you decide to get an amicable divorce

If the parties do not have mutual claims regarding property and there are no minor children in the family, then you need to go to the registry office to file for divorce. The plaintiff will need to write an application and provide a minimum package of documents. Usually this is a passport and marriage certificate. The application form is provided by the registry office employee; filling it out should not be difficult.

The application shall indicate:

• personal data (date and place of birth, passport number, etc.);
• contact details of the plaintiff and defendant;
• indication of the absence of property disputes and claims;
• reason for divorce (usually they write that the husband and wife did not get along in character).

The plaintiff must attach photocopies of all specified documents to the application. The registry office resolves the issue of divorce usually within 30 days and issues documents ex-spouses. If they have disputes or have children, then divorce should be sought through the court.

There are acceptable cases when it is possible to submit to the registry office even though the plaintiff has minor children. But this is only possible in some cases if the spouse:

• convicted of a criminal offense for more than 3 years;
• declared incompetent by decision of the commission;
• missing.

Other cases when one spouse can submit an application to the registry office are discussed in the Family Code.

Issues regarding the assignment of alimony and other disputes are resolved only by the court. The registry office does not consider such issues.

If a conflict rages

If any conflicts or disputes arise, lawyers recommend going to court and not to the registry office, since this body only registers.

Both parties do not have to go to court. It is enough to file a claim with the spouse who decided to initiate the divorce.

If there are minor children, then divorce through court is the most practical solution. Upon presentation of a court decision, any registry office will be required to register a divorce. You will also have to apply to the city or world court if the second spouse does not want to go to the registry office in principle or lives in another locality and shows no desire to come.

Documents for divorce by court decision, in addition to the application, marriage certificate and birth certificate of children, must be submitted as follows:

• notarized consent, if the second spouse is not against divorce (may be absent);
• statement of claim in a strict form indicating the reason for the divorce and listing all conflict issues;
• receipt for payment of state duty.

The rules for compiling documents are different in each court. If the claim states that the case will be examined at the plaintiff’s place of residence, the court may request an extract from the house register from the applicant. If the plaintiff is preparing a list of claims, he must be prepared to document his claims.

Alimony and other requirements

Simultaneously with filing a claim, you can write an application for the collection of alimony in court. It is written in a certain form, which can be obtained from the secretariat. It should indicate what share of alimony payments the plaintiff is claiming and why, or leave the amount of payments at the discretion of the court.

If a voluntary agreement on the payment of alimony has been concluded between a husband and wife, then a copy of this agreement certified by a notary must be attached to the application.

Usually both applications are considered in one court hearing. For a claim to be considered, at least one party must be present during the process. The absence of both sides without good reason will be grounds for rejecting the application.

The divorce application can be resubmitted, but you will have to collect the package again necessary documents and wait for the court hearing to be scheduled. The application form does not change.

With a writ of execution to collect alimony, the plaintiff will need to contact the bailiff service, where a corresponding application is submitted and a package of necessary documents is attached.

If the registry office refuses to accept the application (which happens very rarely), you should find out the reason for the refusal and, if it is illegal, contact the prosecutor's office.