Is it possible to apply for divorce at the MFC and get a divorce by mutual consent?

Is it possible and how to file an application for divorce at the “My Documents” MFC? How to obtain a divorce certificate? Step-by-step instruction.

According to the latest data from Rosstat, more than 50% of marriages break up, so it is not surprising that our fellow citizens are increasingly interested in the question of whether it is possible to file an application for divorce at the “My Documents” MFC. No less often, people wonder whether it is possible to obtain a divorce certificate from the MFC. Answers to questions about whether it is possible to submit documents for divorce through the MFC, how to obtain a divorce certificate from the MFC and what the procedure should be - read below.

In what cases can I file a divorce through the MFC (my documents)?

Content

MFC does not provide services independently. This organization is an intermediary - it accepts documents from citizens, transfers them to the authorized body and produces the finished result.

To dissolve a marriage through the registry office, an application can only be submitted to the department at the place of registration or at the place of registration of the marriage. And you can file for divorce through the MFC in any branch of the city of the spouses’ choice.

It is not possible to contact the MFC in all cases. The law provides for the possibility of administrative divorce in the following situations:

By mutual agreement. But spouses should not have common blood or adopted children.
If one of the spouses is in another city. But the husband and wife must agree to the divorce.
Unilaterally. In this case, the second spouse must be deprived of legal capacity, sentenced to imprisonment for a term of more than 3 years, or declared missing.

Thus, you can submit an application for divorce through the MFC only if the application is transferred to the registry office. If the spouses need to file a divorce through the court (one of the spouses is against the divorce, there are minor children in the family), then the MFC operator will not accept the application.

Let's consider the situations in more detail.

By mutual agreement

It is possible to file a divorce through the MFC by mutual consent if each spouse has full legal capacity. In such a situation, both spouses must visit the MFC branch. However, a guardian of an incapacitated citizen can also submit an application. To do this, he must present an order from the local government authority appointing guardianship.

Sample application

Spouses fill out a general application according to Form No. 9, approved by Order of the Ministry of Justice of the Russian Federation dated October 1, 2018 No. 201.

The state fee for divorce through the MFC in 2020 is 650 rubles. from each applicant.

Reason: Art. 333.26 Tax Code of the Russian Federation

If one of the spouses is in another city

You can submit an application through the MFC if one of the spouses lives or is temporarily located in another city. If the husband and wife agree to divorce, then:

One of the spouses draws up an application in Form 10.
It is certified by a notary.
Directs to second spouse.
The second spouse also draws up an application in Form 10, collects documents for divorce and submits them to the MFC.

Sample application

Before contacting the center, you must pay a state fee of 650 rubles. from each applicant. The receipt is attached to the documents.

An alternative option is to send an application by the absent spouse through the State Services website. In this case, there is no need to have the document certified by a notary.

Important! If the second spouse is in prison or a pre-trial detention center, then the application does not need to be certified by a notary. It is enough to certify the applicant’s signature with the signature of the head of the correctional institution or pre-trial detention center.

Unilaterally

Filing a unilateral application means that only one spouse initiates the divorce. In this case, the opinion of the second spouse is not taken into account. Most often, such marriages are dissolved through the courts, but Art. 19 of the RF IC establishes a number of exceptional situations in which the application will be accepted by the civil registry office:

The second spouse is deprived of legal capacity. A court decision that has entered into legal force must be attached as evidence.
The second spouse is deprived of his freedom. It is necessary to attach to the documents a court verdict that has entered into legal force. The minimum term of imprisonment is 3 years. Moreover, we are talking only about real deprivation of liberty. Probation is not appropriate.
The second spouse was declared missing. To do this, the applicant must first go to court and prove that the spouse has been absent for more than 1 year and his whereabouts are unknown. The application for divorce through the MFC must be accompanied by a court decision that has entered into legal force.

Sample application

The application must be accompanied by a receipt for payment of the state fee in the amount of 350 rubles.

Reasons for refusing divorce

First you need to find out whether there is an MFC in the city or region through which you can dissolve a marriage, as well as the feasibility of this decision (since divorce is possible in the registry office by mutual consent, there will not be much difference in this). To clarify these details, you need to call a specialist on the hotline.

It will be necessary to file a claim for divorce. You can print the form from the Internet, from the Government Services website, or compile it manually. When choosing the second method, you need to know some writing scheme. Let's look at it:

Divorce procedure through MFC

When submitting an application through the multifunctional center, it is necessary to take into account that admission is carried out both on a live (electronic) basis and by appointment. You can receive an electronic queue coupon directly at the center. You can sign up in advance through the state or regional My Documents website.

Algorithm of actions:

Preparation of documents.
Receiving a coupon.
Payment of state duty.
Drawing up an application to the MFC.
Submission of documents and receipt of receipt.
Contacting the registry office to file a divorce.

A mandatory step when filing a divorce is to appear again at the registry office to obtain a certificate (step 6). If at least one of the spouses does not come to the registry office on the appointed day, the application for divorce will be cancelled. Moreover, the state fee paid when submitting the application will not be refunded.

Applicants should contact the multifunctional center office convenient for them:

with mutual consent, the spouses apply jointly;
the spouse who has the right to initiate a divorce must come unilaterally;
when the second spouse is in another city, the applicant can come alone, but it is necessary to have with him a statement from the second spouse, certified by a notary.

To do this, you need to prepare a form in the appropriate form. A blank form is issued by the MFC operator. He will also provide assistance in filling out the document.

What is MFC?

The Multifunctional Center is an institution that provides assistance to the population in the provision of government services. The main goal of the Center is to organize quick and effective interaction between citizens and various authorities.

By contacting the MFC, a citizen receives the same service as directly from a government agency, but in a shorter time frame and at a time convenient for him, and most importantly, without unnecessary queues.

The main principles of the MFC:

transparency in the provision of a particular service;
the ability of citizens to seek help without queuing;
provision of high-quality advisory assistance from Center specialists.

What services does the MFC not provide today? Their range is wide: from submitting papers to place a child on a waiting list for kindergarten and ending with sending documents to the registry office for divorce cases.

So, the answer to the question of whether it is possible to file for divorce through the MFC is affirmative. But you can ask for help not at any branch of the MFC, but only within the limits of the person’s registration at the place of residence.

The MFC has recently gained the greatest popularity among the population, along with appeals to authorities through the public services portal.

What documents are needed for divorce?

Before applying to the MFC for divorce, you must prepare documents.

By mutual consent	If the spouse is in another city	Unilaterally
Civil passports of husband and wife	Applicant's civil passport	Applicant's civil passport
Application on form No. 9	Application on form No. 10	Application on form No. 11
Receipt for payment of state duty
Marriage certificate

If the application is submitted to the registry office in which the marriage took place, then a marriage certificate is not required.

Advice! If the document is lost, do not rush to get a duplicate for divorce. This can be avoided by contacting the registry office at the place where the marriage was registered.

But when applying to the MFC, the document will be required.

In case of unilateral divorce, you must additionally attach a document giving the right to divorce through the registry office:

a court decision declaring the second spouse incompetent;
sentence imposing a sentence of imprisonment for a term of 3 years;
court decision to declare him missing.

The document must be provided in the form of an original or a copy issued by the court office. A prerequisite is the presence of a mark on entry into legal force.

State duty for divorce through the MFC

The state fee for divorce by mutual consent and in a situation where the husband is in another city is 650 rubles. from each spouse. That is, you must submit a receipt for the amount of 1300 rubles to the MFC.

For a unilateral divorce, the fee is 350 rubles.

Art. 333.26 Tax Code of the Russian Federation

When applying to the MFC in person, you must have a receipt for payment of the state fee with you. Therefore, payment must be made in advance using one of the following methods:

via terminal;
through an ATM;
through a bank cash desk.

That is, the applicant needs to choose a method that allows them to receive a paper receipt. Otherwise, the application will not be accepted.

Important! If the application is submitted electronically, then the state fee can be paid through State Services with a 30% discount. That is, each spouse will have to pay 455 rubles.

Screenshot from the State Services website

How to obtain a divorce certificate?

To obtain a divorce certificate, you must visit the registry office 30 days from the date of acceptance of the application. The document will be issued if at least one of the spouses appears on the specified day, otherwise the marriage will not be dissolved.

The cost of the form is included in the state fee for divorce. Therefore, you won't have to pay extra.

The specialist will stamp “Cancelled” on the marriage certificate and give it to the applicant. Each spouse receives a divorce certificate.

Timing and decision making

The classic period for divorce is one month from the date of sending the application. After 30 days, the spouses receive certificates that they are no longer officially married.

Thus, the answer to the question of whether it is possible to file for divorce at the MFC is affirmative. This can be done when the husband and wife agree to divorce and do not raise children together under the age of 18. In the MFC, divorce - the deadline for making a decision, the list of documents - is the same as when applying to the registry office.

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Advantages of filing an application for divorce through the MFC

Advantages of applying through the MFC:

Schedule. The departments of the centers operate in a more convenient mode than the registry office departments. Traditionally, MFC branches are open from 8.00 to 19.00, and often on Saturdays. And the registry office departments are from 9.00 to 17.00.
Possibility to sign up for a specific time. Civil registry offices accept citizens on a first-come, first-served basis. This may result in a long waiting period. And at the MFC you can sign up online and come at the specified time.
Possibility to submit an application at a convenient branch. Often a situation arises when citizens actually live in one area of the city, but are registered in another. You can submit an application to the registry office only if you have a residence permit in the given area. There are no such requirements in the MFC.

There are no significant disadvantages when applying through the MFC. Therefore, the choice remains with the applicant.