Divorce in the registry office: procedure, procedure, step-by-step instructions

In what cases does the registry office terminate a marriage relationship?

The law provides that marriages that are registered by a government agency are subject to official dissolution proceedings. Civil and religious marriages do not require official dissolution.

The Family Code of the Russian Federation, Articles 19-20, establishes an exhaustive list of cases when spouses have the right to apply to the registry office to terminate a marriage relationship.

1. When the spouses unanimously desire a divorce if:

• They have no disputes regarding their acquired property.
• There are no joint minor children - there may be children from other marriages or adult children over 18 years of age.

The most important factor is the unanimous desire of the spouses to end their marriage. If one of the parties is against divorce, only the court can dissolve the marriage.

2. The procedure for dissolution of marriage relations can be initiated by one of the parties.

A unilateral desire to end a marriage can only be satisfied under certain circumstances:

• The spouse is absent from his place of residence unknown, as established by a court decision. The registry office will need to provide information about the guardian whom the court has authorized to protect the property of the missing spouse.
• The spouse became incapacitated due to severe mental illness. The fact must be established by the court, by an appropriate decision. The civil registry office will require information about the guardian of the incapacitated spouse.
• In those situations where the spouse is partially capable, unilateral dissolution of the marital relationship does not apply. These are those cases when the court limits the spouse’s legal capacity due to the fact that he (s) abuses alcohol or narcotic (psychotropic) drugs and thereby puts his family in a difficult situation. Family relations with the above-mentioned persons are terminated by a judicial divorce procedure.
• The husband committed a crime, and the court issued a guilty verdict, which sentenced him to imprisonment for more than three years.

In all of the above situations, the consent/disagreement of the other party, the presence of children and joint property does not matter. Subsequently, disputes related to children or property may arise. The registry office will dissolve the marriage relationship based on the presence of circumstances specified in the law, and all disputes are transferred to the court.

Exceptions

There are special cases when divorce is permissible through the registry office. Regardless of the will of the second spouse and in the presence of young children, the procedure is carried out in the registry office under the following circumstances:

1. One of the spouses was deprived of legal capacity. If the husband or wife is not aware of the actions being committed and is unable to objectively evaluate them, this gives the right to divorce at the will of the legally capable party.
2. The spouse was declared dead or missing. Since in such circumstances it is impossible to obtain consent, the divorce is carried out at the will of the man or woman.
3. Criminal prosecution accompanied by arrest for more than three years.

When is the registry office not authorized to divorce a marriage?

The civil registry office will refuse to initiate a legal procedure in the following cases:

• Children in the family are under 18 years of age.
• The spouses did not reach a compromise on how to divide the common property acquired during the marriage. Any unresolvable dispute must be resolved by the court.

The law may also prohibit a husband from initiating legal divorce proceedings during the period when the wife is pregnant and for a year after the birth of his child - only if there is no written consent from the wife for the divorce .

In this case, paternity does not matter - the Constitution protects motherhood, thus the law protects a woman from stressful situations of divorce. In cases where the baby died during childbirth or did not live to be a year old, the veto continues to operate, and the husband is deprived of the opportunity to end his marriage.

Family relations can be terminated during the wife's pregnancy if the woman voluntarily consents to the termination of the marital relationship. The registry office retains the authority to divorce spouses until the birth of a child - after which the procedure is carried out in court.

How does the procedure work?

The divorce is registered by a civil registry office employee during a visit to the institution of one or two spouses. If there is a court decision, the following actions will be required to obtain a marriage certificate from the spouses:

• go to the required department;
• draw up an application to register a divorce;
• hand it over along with the necessary documentation to the registry office employee;
• pay the state fee;
• pick up the divorce certificate.

The applicant will be able to receive a certificate on the same day when the necessary documentation and a check for payment of the state fee are handed over to the employee of the institution.

Legal procedure for divorce in the registry office

Spouses apply to one of the civil registry offices according to territoriality:

• at the place of common residence;
• at the address where one of the parties to the marriage lives;
• to the body that carried out the registration of marriage relations.

Identification documents of the spouses will be required.

The result of the legal procedure for the dissolution of a marriage by the Civil Registry Office will be an entry in the acts of the Civil Code on the dissolution of the marriage relationship. The parties will receive a certificate certifying the fact of termination of the marriage.

Termination of marital relations by mutual consent

Both parties must personally come to the registry office and jointly fill out the application form for divorce No. 8. The form indicates personal data (full name, address, place, date of birth, citizenship, nationality - if desired), details ID or passport and marriage certificate.

If one of the spouses is unable to come in person to submit documents due to illness, departure or residence in a locality remote from the registry office, he has the right to draw up a statement that he expresses his consent to terminate the marital family relationship. The consent (signature on the document) is certified by a notary - in this form it is accepted by the civil registry office to initiate a legal divorce procedure.

Divorce is one of those procedures where the participation of a representative is prohibited. The party must appear in person or convey through the spouse consent to the divorce, the signature of which is certified by a notary.

The previously issued certificate of official marriage remains in the registry office. If the parties reconcile and refuse the divorce, the certificate will be returned to them.

After the period for reflection (a month) has passed, the parties go to the registry office to receive an official document on the legal termination of the marriage.

In order to receive their own copy of the divorce document, each party provides the registry office employees with a receipt for payment of fees to the state for completing the legal procedure. The Tax Code will tell us the amount:

Article 333.26 of the Tax Code of the Russian Federation. Clause 1 subclause 2: for state registration of divorce, including the issuance of certificates:

• with the mutual consent of spouses who do not have common minor children - 650 rubles from each spouse;
• in case of divorce in court - 650 rubles from each spouse.

The certificate is issued upon the appearance of the parties. If both parties do not appear (reconciliation has been completed), the registry office will not make a decision on divorce and the marriage will continue its official legal existence. The appearance of one party is the basis for termination of the marriage.

The parties provide the civil registry office with a passport to mark that the marriage relationship has been terminated.

Termination of marital relations by one party

In cases where it is possible to terminate a marriage unilaterally, the party fills out application form No. 9 and provides a receipt for payment of the state fee for completing the legal procedure. The amount of the state duty follows from the Tax Code of the Russian Federation: collection of the state duty for state registration of divorce, including the issuance of certificates: upon divorce at the request of one of the spouses in the event that the other spouse is recognized by the court as missing, incompetent or sentenced for committing a crime to imprisonment for a term exceeding three years - 350 rubles.

You will need to provide a package of documents confirming the right to individually terminate the marriage:

• a certified copy of a court decision establishing the fact of unknown absence or incapacity;
• a certified copy of the verdict, which condemns the spouse to serve a sentence in prison for a period of at least 3 years;
• information about the location of the guardian of a mentally ill spouse or the guardian of the property of a missing person;
• address information about the institution where the spouse is serving his sentence.

The spouse in prison or the guardian will be sent a copy of the certificate of termination of the marriage relationship. The mark in the passport will be made at the request of the spouse (guardian) after contacting the registry office.

Content

The act of divorce must reflect:

• name of the civil registry office that compiled this act, the date of its preparation and number;
• information about divorced persons (last names before and after the divorce, first names, patronymics, date and place of birth, citizenship and place of residence, details of passports or other identification documents);
• information on state registration of marriage (date, registration number of the act and name of the registering authority);
• an indication of the document that is the basis for the legal procedure;
• the date on which the marriage is considered to have ended;
• issuance of divorce certificates (dates, series and numbers).

Applicants may also require information about their nationality, education, indication of first or second marriage, and the number of common children under the age of 18.

The act is signed by the former spouses and an authorized employee of the civil registry office, the latter’s signature being certified by a seal.

We bring to your attention other articles about divorce documents, which talk about certificates of marriage and divorce.

When will the registry office dissolve a marriage?

The parties will be given a month to verify their desire to separate and end their family relationship. The period is exactly one month for all couples and all situations.

The deadline will run from the day after the application is submitted. The cooling-off period will end when the corresponding day of the next month ends. If the day is a non-working day (weekend, holiday), the last day will be the next working day.

After the expiration of the period for reconciliation of the spouses, upon the appearance of the parties, the registry office issues separate documents on divorce (certificate), and the marriage is terminated.

Brief abstract of the article:

1. The registry office can terminate a marriage relationship if there are no disputes and issues that are resolved by the judiciary. These are cases when spouses do not have joint children under 18 years of age, have no disputes about acquired property, and express mutual consent to terminate the marriage relationship.
2. The spouse has the right to unilaterally terminate family relations with a person who is recognized as mentally ill or is missing from his place of residence. The fact must be confirmed - a court decision. You can also terminate a marriage relationship with a person who has committed a crime and is serving a sentence of more than 3 years in prison.
3. Spouses contact the local registry office or the body that formalized the marriage, fill out application forms, provide a marriage certificate and other documents and pay a fee.
4. The marriage is dissolved after a month and the parties receive a copy of the certificate.

Sample statement of claim for divorce Form 8 Sample application for divorce to the registry office

Necessity of the act

Article 3 of Federal Law No. 143-FZ of November 15, 1997 determines the need to confirm the emergence, change or termination of the rights and obligations of citizens; for this purpose, civil status acts corresponding to the event are drawn up.

In case of divorce, the deeds are the basis for the issuance of divorce certificates . In turn, without the latter, citizens will not be able to create new unions or exercise other rights that have arisen for them, for example, to acquire ownership of real estate without the consent of their ex-spouse. If they are lost, they have the right to apply for the issuance of duplicates; the source of information for them will be the previously drawn up act.

The act of divorce is formed only upon the application of the first applicant. When a second person applies, there is no need to re-draw up the act. He must submit an application with a request to make additions to the previously drawn up document and obtain an initial certificate of divorce.

Divorce through court

However, in most cases, in order to end a marital relationship, you still have to go to court.

In particular, the judicial procedure for divorce applies to cases where there is a dispute between people regarding divorce.

With the exception of the situations described above, divorce occurs through the court when common minor children grow up in the family.

It also happens that the second spouse, although he agrees to the divorce, avoids in every possible way a visit to the registry office. In this case, there is also nothing left to do but go to court.

Which court to choose? Today, according to the law, divorce cases can be heard by both district courts and magistrates. It makes sense to turn to the latter when there are no disagreements between the spouses regarding the future fate of the children. In addition, if the claim plans to raise the issue of property, then the magistrate has the right to consider the case when the value of the disputed property does not exceed 50 thousand rubles.

Now it’s time to decide where to go to court based on the territory. According to the current Code of Civil Procedure of the Russian Federation, the plaintiff has the opportunity to file a claim for divorce in the court at his place of residence if he supports a minor child or if it is difficult for him to travel to another court due to illness.

It is worth noting that, along with divorce, the claim may also include other demands against the opposite party. These include:

• division of joint property;
• collection of alimony for both children and spouses;
• determining the future place of residence of common children;
• returning the plaintiff's maiden name.

There are also situations when, along with a divorce, the plaintiff insists on depriving the second spouse of parental rights. In this case, employees of the prosecutor's office and the guardianship and trusteeship authority are also necessarily involved in the case.

However, a separate claim for property or alimony can be filed after the divorce. Moreover, if it concerns the fate of common property, then you need to remember about the statute of limitations. It is 3 years from the moment the court decision on divorce entered into legal force.

List of documentation

When preparing documents, it is necessary to take into account the requirements of Art. 35 Federal Law of the Russian Federation No. 143. To the registry office it is enough to provide:

• passport;
• extract (copy) of the court decision;
• check for payment of state duty.

If the former spouse cannot personally apply to a government agency for a divorce certificate, then you can use the services of an official representative. But you will need to issue a power of attorney from a notary.

The guardian of an incapacitated citizen does not have to draw up a power of attorney, since his powers are confirmed by the decision of the guardianship authorities on the appointment.