Divorce through court or registry office. Methods of divorce Where to apply for divorce - to the registry office or court Divorce without trial in the registry office Divorce through the registry office unilaterally Which registry office to file for divorce Application for divorce through the registry office. Submission methods. Time frame for divorce through the registry office State duty for divorce at the registry office What documents are needed for divorce through the registry office It would seem that the procedure for divorce between spouses is quite simple, but judging by the large number of questions received by our lawyers, not everyone is familiar with the procedure for divorce as in The registry office, and through the court.
Divorce in the registry office in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation
Lawyers and attorneys at Yuridicheskoe will provide full support for the divorce procedure both in the registry office and in court.
Divorce through court or registry office. Methods of divorce
The law provides for two methods of divorce, depending on the presence of certain circumstances:
- Administrative method - by contacting the registry office
- Judicial method - divorce proceedings in court initiated by one of the spouses
The most attractive way is divorce through the registry office.
The process of divorce through the registry office is simplified and cannot exceed a month, while in court the divorce process, taking into account the entry into force of the court decision, can last up to 3-4 months. The duration of divorce proceedings in court can be affected by a number of procedural circumstances: failure to notify or appear on the part of the defendant, giving the parties a period for reconciliation, the need to send court notices or orders to another region, etc.
How long does a divorce through court take?
The duration of the process of dissolution of the union is fully determined by the Civil Procedure Code. Procedural legislation establishes that the body is given one month to work with the claim submitted by the party.
According to Art. 133 of the Code of Civil Procedure The decision to accept the application for proceedings is made by the judge within 5 days, of which the parties are notified in the manner established by this article.
After this period, the first meeting must take place. If a decision is made earlier than the time established for this, it leads to its cancellation.
After the court makes a decision, the parties are given another 30 days to appeal (Article 321 of the Code of Civil Procedure).
Further, in the absence of a reaction from the man and woman, the marriage is considered dissolved, and the documents are transferred to the registry office (within 3 days).
The last step is to issue a divorce certificate at the registration authority. The document production period is 1 day.
Each of the former spouses receives their own copy upon personal contact with the structure.
Duration of hearings.
The simplest cases require the parties to attend only one hearing. Accordingly, the decision will be made as soon as possible.
The latter is 2 months from the date the claim was accepted by the court (Article 154 of the Code of Civil Procedure). At the same time, there are a number of circumstances that objectively slow down the process.
These include:
- failure of the defendant to appear at the hearing. Objective reasons are considered illness, business trip and other circumstances that do not depend on the will of the citizen. Unexcusable reasons, in turn, mean failure to appear at the trial in the absence of these factors, with proper notification of the event by the court.
- If a party misses three meetings, the marriage is dissolved without a defendant;
- the lawsuit contains several petitions.
- For example, a citizen has the right to submit a claim to the court for divorce and division of jointly acquired property. By the way, the last disputes often take the most time;
- the defendant asks the authority to provide time for reconciliation, or the court independently initiates an appropriate break (if there are circumstances that allow one to conclude that it is possible to maintain the relationship).
Several petitions in one statement of claim clearly define the jurisdiction of the district (city) court.
The case is being considered within a single legal procedure.
If the claim was initially sent to the magistrate’s court, and citizens identified new disputes within the framework of the divorce process (division of property), then the materials are subject to transfer to another authority under jurisdiction.
Review of multiple applications increases the overall decision period by at least 60 days.
Divorce through court: state duty, documents, deadlines 2019-2020
Where to apply for divorce - to the registry office or court
Despite the great preference for divorce through the registry office, the choice of method of divorce does not depend on the will of the spouses, but on a number of factors, the presence or absence of which determines the method of divorce - through the registry office or the court. There is no alternative for spouses here.
The law defines criteria, only the combined presence of which will provide spouses with the opportunity to divorce in the registry office, otherwise they will have to initiate divorce proceedings in court in compliance with the rules of jurisdiction and other procedural subtleties.
The procedure for divorce through the registry office without children - stages
Haste has never led people to good circumstances. And divorce is considered just such a consequence. It is easiest to get a divorce if there are no minor children.
The procedure is quite unpleasant. Although it is completed quite quickly and all in one institution, it cannot be done without financial investments.
A special feature of divorce through the registry office is the coordination of the couple’s actions, as well as the agreement on the place for the divorce process. You can also get a divorce here if the couple already has children together and they do not have property rights.
If there are adopted children of minor age, then divorce occurs only through the courts.
You can contact the registry office at the nearest branch or where the marriage was registered. The most basic action here is to submit an application. This must be a joint submission with mutual consent of the parties.
Each spouse signs Form No. 8, which contains the following information:
- passport details of both spouses;
- information about the document that confirms their marriage;
- a description of the surnames with which spouses remain after divorce;
- signatures of each party.
There is no need to indicate the reasons for the dissolution of the marriage. Submission of documents can be through the registry office or a multifunctional center, as well as through the State Services portal.
Even experienced professionals do not know how to properly formalize the divorce process in a given situation. And many commit a large number of unnecessary actions.
Often, emotions prevent spouses from coping and starting collecting the necessary documentation.
The stages are as follows:
- collection of necessary documentation;
- choosing a registry office for submitting documents;
- filling out an application in the prescribed form;
- drawing up a marriage contract if necessary;
- registration of divorce.
It is best to apply to the place where the marriage was registered. This somewhat simplifies paperwork for employees who are considering this process.
If the spouses have moved to different cities, then an application is submitted at the place of residence of one of the spouses. It is possible to collect documentation and submit it in different localities.
There are currently three different ways to submit documents. This simplifies and saves time for each citizen. Divorce through the registry office involves filing a joint application.
But a single filing is also allowed if one of the spouses is seriously ill or is on a business trip. But this fact needs to be documented.
The application contains all the information from the supporting documents, including passport details, registration details, and contact details. Upon completion, a date and signature are affixed.
Divorce without trial in the registry office
There are two conditions under which you can get a divorce through the registry office:
- The spouses do not have common minor children (under 18 years of age)
- Both spouses agree to divorce
Moreover, the simultaneous presence of both criteria is necessary. If there are no common children, but if one of the spouses evades divorce, or vice versa, if spouses who have a common child mutually agree to divorce, it will no longer be possible to file a divorce through the registry office, except in cases provided for by law (more on this below).
The childlessness of the spouses (the absence of common children) and their mutual consent to divorce are the only criteria necessary for divorce through the registry office.
An adopted child is equal in legal relations with parents to their natural children (Article 137 of the Family Code of the Russian Federation), and therefore, if the spouses have an adopted child who has not reached the age of majority, their divorce is possible only in court.
On various Internet resources you can come across private opinions about the impossibility of divorce through the registry office in the event of a dispute over property between spouses.
Such statements are completely false and are not based on the law.
The division of marital property is not an obstacle to divorce through the registry office. The current family legislation of the Russian Federation does not contain such reservations and restrictions. The dissolution of a marriage between spouses cannot be made dependent on the division of property acquired by the spouses. Spouses can divide property by agreement between themselves or in court, both during the marriage and after its dissolution.
Family divorce lawyer in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation
Unilateral divorce through the registry office
Divorce in the presence of minor children through the registry office is possible only if it is expressly provided for by law.
There are exceptional cases of unilateral divorce through the registry office - and these are precisely those exceptional circumstances when a divorce of spouses is possible through the registry office at the request of one of the spouses , regardless of whether the spouses have common minor children.
According to paragraph 2 of Art. 19 of the Family Code of the Russian Federation , an exception is made when the second spouse:
- Committed a crime and was sentenced by the court to serve a sentence of more than three years in prison
- Is incapacitated on the basis of a relevant court decision
- Declared missing by court decision
If at least one of the above circumstances is present, the marriage is dissolved by the civil registry office at the request of one of the spouses in the manner prescribed by Article 34 of the Federal Law “On Civil Status Acts”.
Of course, copies of the relevant judicial acts that have entered into legal force must be attached to the application for divorce:
- Court verdict against spouse
- Court decision declaring a spouse incompetent
- Court decision declaring a spouse missing
Copies of these judicial acts must be certified by the court that adopted them, that is, they must bear the blue seal of the court and the live signature of the judge.
The second spouse will be able to receive a copy of the relevant judicial act from the court only if he was a direct participant in this legal process.
Considering that a citizen is recognized as dead or incompetent by the court at the request of close relatives, and in relation to a married person, this usually happens at the request of the second spouse, there should be no problems with obtaining a copy of the decision. As a last resort, you can seek help from those involved in the case. As for the court's conviction against a spouse, you can request a copy of the said judicial act from the lawyer of the convicted person, or, if possible, from the victim or his lawyer.
Divorce through the registry office by mutual consent with children
There are often cases in life when a family has actually broken up a long time ago, but the spouse cannot obtain written consent to divorce from the other for completely valid reasons.
For example, one of them was declared incompetent by the court, sentenced to imprisonment for a term of over three years, or there was no information about the second spouse during the last year and he was declared missing.
Only in these cases can a divorce be filed even if there are children in the family who are over 18 years old (including children adopted by both spouses in the prescribed manner). Moreover, during a divorce, the registry office will not even require the consent of the spouse in prison.
Civil registry office employees simply inform him that divorce proceedings have begun. If a divorce is being decided on from an incompetent spouse, the civil registry office notifies the guardian of the spouse recognized as incompetent about the divorce.
The law establishes that in these cases a simplified divorce procedure is permissible, since this category of citizens is not capable of raising and financially supporting their minor children.
For such cases, a special application form is provided, which is filled out by only one spouse. The application is accompanied by a receipt for payment of the state duty, the amount of which is 350 rubles, as well as a conviction or court decision on the incapacity or unknown absence of the second spouse. These court orders must contain a note indicating that they have already entered into force.
The period for divorce by civil registry office employees is 30 days. During this period of time, the spouse who submitted the application to the registry office may change his decision and refuse the divorce.
If his intention remains the same, then, when he comes to the registry office one month later, he will necessarily receive a certificate of divorce.
Application for divorce through the registry office. Submission methods
If the spouses mutually agree to divorce, a joint application of the spouses in writing is submitted to the Civil Registry Office. The form for divorce through the registry office can be taken directly from the registry office and filled in all the necessary columns.
You can file a joint petition for divorce in the following ways:
- Personally by spouses when visiting the registry office
- Through a single portal of State Services in the corresponding region in the form of an electronic document
- Through MFC
If the spouses' application is submitted in the form of an electronic document, it must be signed by an enhanced qualified electronic signature of each spouse.
In a situation where one of the spouses cannot appear in person at the registry office or at the MFC to submit a joint application for divorce, two separate applications can be submitted. At the same time, the signature of the spouse, who is not able to be present when submitting the application, must be certified by a notary, and in the case when he is serving a sentence, by the head of the relevant correctional institution.
Legal advice on divorce cases in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation
Obtaining a certificate of termination of marital relations
Within the time period specified by the specialists of the authorized body, applicants must appear at the registry office and receive a certificate. The certificate of divorce is filled out on a special form, which refers to documents of strict reporting. The following information is included in the certificate:
- FULL NAME. spouses.
- Citizenship data (both husband and wife).
- Dates and places of birth of the parties.
- Date of termination of the marriage relationship.
- Grounds for termination of a marriage relationship (when dissolving a marriage through the registry office, the “joint application of the spouses” is indicated as the basis; through the court, “a decision of the judicial authority”).
- Entry no.
- Surnames that are assigned to the parties after a divorce.
- FULL NAME. the person to whom the certificate was issued (each spouse is given their own copy of the document, in contrast to the certificate of marriage).
- Name of the civil registry office that issued the document.
- Date of issue of the certificate.
- FULL NAME. authorized employee of the Civil Registry Office and his signature.
At the end of the document the stamp of the authorized body that issued the document is affixed.
In this case, the marriage certificate will not be returned to the applicants - the document will remain with the authorized body. If citizens decide to register their marriage again, they will be issued a new one.
Terms of divorce through the registry office
Divorce and the corresponding state registration are carried out by the civil registry office after one month from the date of filing an application for divorce by the spouses (one of the spouses).
The specified 1-month period for divorce in the registry office is mandatory. If in court the divorce process can drag on and exceed a month, then in the registry office this period cannot be arbitrarily increased or reduced. The registry office does not find out the reasons for the divorce, and is not obliged to take measures to reconcile the spouses, but formally, this one-month period is maintained in case of reconciliation of the spouses, which happens quite often.
If the spouses do not change their minds about getting a divorce, after exactly one month their marriage will be dissolved.
But you should pay attention to one factor - the presence of at least one of the spouses upon divorce is mandatory.
Divorce and state registration of its dissolution are carried out in the presence of spouses or at least one of the spouses (Clause 4, Article 33 of Federal Law No. 143-FZ “On Civil Status Acts”).
Based on the meaning of the above norm of the law, if after a month at the appointed time neither of the spouses appears at the registry office, the marriage between the spouses will not be dissolved.
If the spouses have reconciled before the expiration of a month from the date of filing the application for divorce, it is not necessary to withdraw the application from the registry office; it is simply enough for both of them not to appear at the registry office at the appointed time, and the divorce certificate will be annulled.
The law also requires that a marriage certificate be presented upon divorce. But what to do if the marriage certificate is lost (lost, destroyed, etc.).
In this case, you need to proceed from the following:
- If the divorce is not carried out in the same registry office where the marriage was registered, you will first have to obtain a duplicate of the marriage certificate
- If the divorce is filed in the same registry office where the marriage took place, a duplicate of the marriage certificate will not be required
State fee for divorce at the registry office
For state registration of divorce and issuance of the corresponding certificate, spouses pay a single state fee in the amount determined by the Tax Code of the Russian Federation (Article 333.26).
- If an application for divorce is submitted to the registry office with the mutual consent of the spouses, the state fee is paid in the amount of 650 rubles for each spouse
- When a marriage is dissolved in the registry office at the request of one of the spouses on one of the grounds listed in Article 19 of the Family Code of the Russian Federation (the second spouse is convicted, incapacitated or declared missing), the state fee is paid in the amount of 350 rubles.
What documents are needed for divorce through the registry office
The following documents should be attached to the application for divorce submitted to the registry office:
- Copies of passports of both spouses (one of the spouses in case of unilateral divorce)
- Marriage certificate
- Receipts for payment of the state fee (exact details for its payment should be found out at the registry office)
- Duly certified copies of judicial acts in case of unilateral divorce on the grounds of Article 19 of the Family Code of the Russian Federation
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