How to obtain a divorce certificate through State Services: submitting an application online

The specialized portal www.gosuslugi.ru is intended for the full or partial provision of government services to the population via the Internet. An electronic resource saves a person’s time and allows you to do without unnecessary bureaucratic red tape. Following the step-by-step algorithm on how to file for divorce through Gosuslugi, you can send the application in absentia and subsequently pick up the already prepared confirmation from the registry office. However, in some cases, a court decision is necessary to carry out the procedure. Read more about this in our article.

How to file for divorce through State Services?

Is it possible for one spouse to dissolve the union?

The Russian Family Code states that every person has the right to decide for himself when to marry and when to dissolve it, and also has the right to choose a spouse.
In a situation where one spouse seeks to save the family and refuses to file for divorce, the second family member can obtain a divorce by turning to the court for help. Based on their practice, lawyers note that women more often refuse to divorce their spouse. The main reasons for a woman to refuse to file divorce documents are: caring for joint children, especially if they are under 18, deep affection or financial difficulties (inability to provide for themselves and the children).

Therefore, many men turn to lawyers with the question: is it possible to file for divorce without a wife? Can. In such a situation, the spouse should take the following steps to dissolve the marriage:

prepare the documents necessary to begin the divorce process;
come to the registry office and fill out a special application (this can also be done online through State Services);
pay tax - state duty;
wait 30 days, which the state allocates in case of reconciliation of spouses;
be present at the registry office at the specified time;
Having gone through all the stages, obtain a certificate of divorce from your ex-spouse.

How to confirm your account on government services

After registration, you can confirm your identity (create a verified account) in one of three ways (selected on the website).

Visit the Service Center (SC) in person, you need to have your passport and SNILS with you, you can find the addresses of the nearest service centers using the link, this can be done on the day of registration on the portal.
Order receiving a confirmation code through Russian Post. In this case, you will have to wait, because the letter with the code is delivered on average in two weeks.
Using a previously received electronic signature or a universal electronic card.

If difficulties or questions arise while working with the government services website, you can contact the 24-hour support service for help via the Telegram messenger. Support is provided in real time.

When you can't get a divorce

The Family Code provides for emergency circumstances when breaking ties is not prohibited at the legislative level. Divorce without a wife is impossible only in two situations.

If the wife is expecting a child, even if the husband proves using a DNA test that the baby is not his, he will be able to get a divorce only 12 months after his birth. This condition is explained by the fact that in this situation, stressful situations are extremely harmful for the expectant mother, which can negatively affect her health and the course of pregnancy.
Joint upbringing by spouses of a common or adopted child who is not yet one year old.

How to apply

So, the court decision is in the hands of the spouses. The next step they must take is to fill out a double application form, select a date for divorce and pay the state fee . That is, you need to go to the State Services portal and find a service called: “Registration of divorce based on a court decision for two applicants”

Submitting an application consists of three steps:

Filling out information by husband;
Filling out information by the wife;
Checking applications and sending a joint application to the selected registry office.

Each spouse fills out a joint application in their Personal Account of the Unified Portal. Each applicant pays the state fee for himself.

To pay the state fee, just go to the “Documents” section , where its amount will be automatically calculated. The applicant will only have to fill out the required fields, print a receipt and pay.

There is also the possibility of cashless payment. This feature is convenient to use if you are using a mobile application. Then the whole procedure will take two clicks. After the state fee has been paid, all that remains is to come to the registry office on the chosen day and pick up the certificates.

Divorce through the registry office without a wife

In a state registry office, a marriage is dissolved if both spouses have agreed to end the relationship when the couple does not have minor children and mutual property claims. To do this, they just need to come together with certain documents, fill out an application form and complete the divorce process.

A divorce through the registry office without a wife can be obtained in the following cases:

recognition by a court decision of her incapacity, with the help of the presented evidence - medical records, certificates, doctor’s conclusions;
the unknown location of the woman also requires evidence of missing persons;
if a woman is serving a sentence for a crime by a court decision for a period of three years.

If a temporary loss of legal capacity of one of the spouses is indicated, which may be caused by the harmful effects of drugs, alcohol or other drugs, then this is not considered a significant reason for breaking the legal union.

The spouse can count on the dissolution of the marriage from the moment when the decree on deprivation of liberty comes into force, that is, from the first day of its conclusion.

It happens that widowers, not knowing the nuances of the law, turn to the registry office for a divorce from the deceased, because they want to register a new marriage. In the event of the death of the wife, the marriage is dissolved automatically and there is no need for an application.

Step-by-step instructions on how to file for divorce through State Services

The procedure contains several sequential steps. Initially, you need to log into the user account. Usually the region is determined automatically based on the person's data, but you can select it manually.

Location determination

Next, they move directly to registering the termination of the marriage.

Service search

In the appropriate block, click “Family and Children”. Then, in the side menu, go to “Categories” and select the desired item.

Selecting an option

Next, you need to determine the appropriate application form.

Select an option

At the discretion of the recipient of the service, the service offers 3 options for dissolving marriage ties.

Table. Forms to fill out

Options	Description
By court decision from both spouses	Both recipients of the service fill out a joint application and enter their data (each in their personal account). One spouse chooses the place of registration of the termination, the other confirms it. A valid judgment is provided. State duty is charged from each applicant
By court decision from one applicant	The recipient unilaterally enters the data. The fee is paid by the applicant. Court decision provided
By consent of both spouses	The form is filled out jointly, the data of each party is entered. One of the service recipients selects a specific registry office, the other confirms. The application is certified by an electronic signature

Forms to fill out

The application options are similar and require entering personal information of the parties. The first two additionally indicate the data of the court decision. Having selected the required condition, click on “Get a service”.

Selecting a fill option

List of documents

Documentation is prepared for registration:

passport and SNILS;
on the conclusion of a marriage union;
the court's decision;
about birth (if you want to return your previous surname).

Documentary proof of payment of the state fee and the originals of the above papers are presented upon receipt of the divorce paper. In addition to the original extract from the court, you need a copy of it, which is attached to the record of the act.

ATTENTION! Return to the premarital surname is carried out on the day the application is written. Civil registry office employees issue a certificate of change of surname, on the basis of which the passport should be replaced.

Application Form

When filling out the form for both parties, the initiator of the divorce enters the data first; in the case of one applicant, the only party enters all information about both spouses. Both the husband and wife must have their own accounts on the portal, from each of which registration is made. Initially, all personal data is reflected in the form. Since the system already contains citizen information, many details (passports, SNILS) are entered into the fields automatically.

Citizen's personal data

Next, enter information taken from the marriage certificate. A person has the right to keep his current surname or change it to the previous one (Article 36 of the Federal Law No. 143 of November 15, 1997).

Articles 36, 37 of Federal Law No. 143 “On Acts of Civil Status”

If the form is sent after receiving a court decision, the date and name of the authority that issued it are entered. In option 3 of filling out the document by mutual consent of the spouses, this item is not included in the form.

Information about the court decision

Next, search for the registry office by selecting the condition. Then, from the list of proposed options displayed on the map, select the appropriate one.

Choosing a registry office

The next step is to enter information about the second spouse, send an invitation to fill out his part of the application, and confirm the specified data with the first party. The message is displayed in your personal account.

Entering data about the second spouse

ATTENTION! When a form is drawn up by both parties without a court decision, each certifies it with an electronic signature. Otherwise, the spouses will be denied the procedure. If both or one of the parties does not have such a signature, a personal visit to the registry office is recommended.

Before sending the completed form, service recipients are required to pay a state fee. If payment is not made, the application will be returned and the date of receipt of the divorce paper will be canceled.

Paying a fee

To transfer the payment and save the receipt, click on “Proceed to payment”.

State duty

According to the Tax Code of the Russian Federation, for registration of the process of termination of a union, a fee in the amount established by law is withheld from each participant. In 2020 it amounts to 650 rubles. When sending a document by one spouse, only he makes a one-time payment. The duty form is generated on the State Services resource. You can print it out and pay the deposit at the bank. But it is more profitable to make a non-cash payment (from a card, electronic media, phone balance), since then the portal provides a 30% discount.

ATTENTION! When sending the form through “State Services” and when paying the state fee non-cash, its value is 455 rubles (30% discount from 650 rubles).

The contribution receipt must be kept for presentation at the registry office. After paying the fee and checking the submitted data, citizens will receive a notification when to come for a document confirming the end of the process. The message arrives via SMS, email or to the user’s account, based on the wishes of the service recipient.

Documents for application to the registry office

In order to submit an application for divorce without a wife to the registry office unilaterally, the following documents are required: a completed application by one spouse, an original identity card, a receipt for payment of the state fee, a marriage document.

It is worth attaching to the general list the conclusion adopted by the court on the incompetence of the ex-wife, on the verdict rendered and the term of her imprisonment, on the recognition of the missing person. There is no need for a written agreement, but it is necessary to communicate your intention to file for divorce, at least verbally.

Termination of marriage after sending an application: deadline for receiving a divorce certificate

The period for checking and reviewing the form depends on its version:

registration is completed 5 minutes after sending the application;
with a valid court decision, the result is expected within 1 working day from the date of transfer of information;
If the form is sent by spouses by mutual agreement, review takes 30 days. During this period, the husband and wife have the right to withdraw the application. It is also canceled if you fail to appear at the registry office on the specified day.

Upon completion of consideration of the application, the user receives a notification about acceptance or refusal of divorce services. Cancellation is carried out if a citizen violates the registration procedure, the provisions of the Family Code and other legislative norms, or incorrect or unreliable provision of data. The notification indicates the reason for the refusal; if the decision is positive, it describes further actions and indicates the documentation that must be presented.

On the date chosen by the spouses, they pick up a prepared divorce confirmation from the registry office. In place of the expired certificate of conclusion of the union, a document confirming its termination will be issued. When changing the surname to a premarital name, employees will issue a certificate.

The advantage of completing the procedure through Gosuslugi is the accessibility and convenience of the portal. However, online divorce requires certain conditions to be met. It is beneficial to use the services of the resource for citizens who have a valid court decision on divorce, since they can pick up the certificate in the coming days without involving the other party. There will be no difficulties for a couple without a minor child and mutual claims. But in case of disputes, raising children under 18 years of age and other circumstances requiring litigation, using the Internet portal is inappropriate.

Application through State Services

To file for divorce through State Services without your wife, you must:

go to the state portal - register. Registration for State Services takes place within 5 minutes: you must select a confirmed form - enter your personal data, which will be verified by a special service;
after that, you choose from all available services the service that suits your case (divorce by court decision with one applicant). Some fields will be automatically filled in, information will be duplicated from your personal account. It is necessary to check the correctness and reliability of the specified data;
the next step is to pay the tax; the state duty can be paid in a way convenient for you;
choose a registry office to conduct a divorce at your place of residence;
before confirming the application, you should once again glance at the specified data;
Wait for confirmation that your application has been accepted.

How to restore a certificate?

If the certificate of termination of the marriage union has been lost or damaged, it can be restored using the capabilities of the State Services website. To obtain a copy, you need to go to the website, go to your personal account and select from the list.

The nuances of divorce through court without a spouse

They go to court to dissolve family ties if there are disputes between spouses. Most often they arise when there are common small children (under 18 years old) and property division. If a wife does not want to give her husband a divorce, he should file a claim. In such a situation, it is important to formalize it correctly and submit it to the appropriate branch of the court.

If the couple no longer lives together, the man must file a court application at the place of residence of the ex-wife, that is, the defendant. If he does not know her actual address, he needs to find out and submit a statement to the geographically nearest branch of the district court. If you live together, such a problem will not arise - bring the claim to the court of your area.

Half the success of a divorce through court without the wife’s consent lies in a well-formed claim. It is better to contact a divorce specialist for a paid or free consultation, clarify some controversial issues, and only then proceed with filling out the application.

The application for a lawsuit has the following structure:

In the first part, you must indicate information such as the address of the court where this claim will be sent, the full names of the two divorcing spouses, their residential addresses, birthdays, ID cards of the joint children;
The main part is the reason for the divorce. It is necessary to describe in detail the history of family relationships, the reasons for the breakdown of the family. Write that your ex-wife does not want to give a divorce. In this part, the man is also recommended to write about how he wants to divide joint property and custody of children.
In the final part, you must ask to satisfy your request to break family ties.

Principles for ending a marriage over the Internet

In this way, applications are sent to the registry office for the preparation of divorce documentation. If there is no child under 18 in the family, no disputes or claims, the couple will be divorced by mutual consent without litigation. To do this, it is enough to send an application through Gosuslugi and subsequently pick up the prepared confirmation of the termination of the marriage from the registry office. The following are not sent through the portal:

complaints to court authorities;
claims against one of the spouses.

In case of controversial issues and other circumstances specified by law, they are resolved directly in court. Moreover, even a completed marriage contract is not the basis for the final approval of the termination of the union. In this case, a court decision is required.

Video - Filing an application to court

When is a court decision required?

A citizen’s use of an Internet resource allows him to avoid paperwork and additional visits to government organizations. The registration procedure is carried out completely remotely and automatically. In many cases, submitting a form through Gosuslugi is only possible upon presentation of a valid court decision to terminate the union. Such circumstances include:

raising a child up to 18 years of age. The issue of alimony must be resolved in advance;
one of the parties is missing or incapacitated;
the emergence of disputes regarding the division of property;
a person's stay in prison (from 3 years).

ATTENTION! A man does not have the right to initiate divorce proceedings without the approval of his wife during her pregnancy and for 1 year after the birth of the child. Even if a woman is not against the procedure, the court gives time to think it over. Her financial situation is also taken into account.

In the above cases, the application is sent to the court. After the proceedings, a decision is made to end the marriage. A citizen has the right to send it to the registry office through the “State Services” to prepare the appropriate certificate and affix a stamp to the passport.

Can one spouse file for divorce?

With a current court decision, one of the parties can send an online application for termination of marriage without involving the other. In other situations, mutual submission of the document is required. When submitting the form one-way, it is important to include the divorce court transcript information requested when completing the form. False information should not be provided, since all information provided is verified. Upon receipt of the certificate, you must additionally present the specified documents. In the absence of a court decision, an application from one spouse will not be accepted.

Duration of divorce proceedings without a wife

In case of dissolution of family relations through the registry office, the state provides 30 conciliation days. After a month, the case is considered and a decision is made on it. The same amount of time will be required to file a divorce through State Services without a wife.

When a marriage is dissolved through court, it takes from one to five months, in each case the period is individual. But delays can also occur for many reasons: the wife refused to come to court for a hearing, inappropriate behavior in court, a request for another conciliatory period of time. Therefore, it is worth considering such options in advance and indicating in the statement of claim that reconciliation is impossible. To do this, you will need to carefully consider the evidence, eyewitness testimony is best.

What to do if you have a minor child

The fact is that according to Russian legislation , divorce of parents who have minor children is possible only by court decision. This rule is provided to protect teenagers and cannot be challenged. Even if mom and dad have already decided among themselves who their children will live with next and have decided on the frequency of their meetings.

Therefore, before performing the following actions on the State Services portal, you must go through the courts. To do this, you will need to file a claim. Then wait for the time allotted for reconciliation to expire. In court, you will have to confirm your desire to get a divorce and present your arguments.

The court primarily takes the position of protecting children, so if, before going there , the parents have not decided on the main points of the future of their child, the court will take on this function. If there are no obstacles to divorce, the parents receive an appropriate decision.

It should also be borne in mind that in some cases the court gives the spouses a month to try to find the basis for further life together, and only then return to the consideration of the claim.

Important: Only with a court decision in hand can you go to the State Services portal to submit an application for a divorce certificate.

Filing for divorce at the MFC without a spouse

Multifunctional centers facilitate the passage of many government processes.
In the event of divorce, the MFC acts as an assistant for filing an application and as an intermediary between the applicant and the registry office. This office does not have the authority to perform a divorce, only the processing and filing of documents to begin the process. To file for divorce through the MFC without a wife, you need all the same documents as when filing at the registry office. They accept divorce papers from both two applicants and single applicants. After checking the availability of the entire list of documents and the compliance of filling out the application, your case will be sent for consideration to the service of registered acts of civil status.

Reasons for obtaining a certificate

To obtain a certificate, an application must be drawn up, and in case of direct application, it is formed in writing in any form. When contacting a government agency via the Internet, a special online form is filled out.

During a divorce at the registry office

Divorce in the registry office is possible only by mutual consent without claims against each other and without the presence of young children. If all conditions are met, the spouses draw up a common application in Form 9 and attach the necessary documents to it. The authorized body will allocate a month for reflection, after which an entry is made in the civil status act, and citizens receive certificates.

You can also get a unilateral divorce through the registry office if there are circumstances provided for by law. These include the incapacity of one spouse, the presence of a sentence, or the disappearance of a spouse, confirmed by the court.

In this case, you don’t have to go to the registry office yourself; it’s enough to get a divorce certificate through the State Services portal.

In case of divorce through court

If the divorce took place through the court, because citizens had claims regarding property and upbringing of young children or simply have children, the basis for applying to the registry office is a court decision that has entered into force. That is, only after about a month, when the court issues a reasoned part of the verdict and submits an extract to the registry office about the divorce proceedings, it will be possible to apply for a certificate.

conclusions

A man can independently decide to divorce without the consent of his wife. This means that filing an application for divorce without a wife is quite possible. There are four options for a husband to file for divorce without his wife: through the State Services online portal, through the registry office or court, using multifunctional centers. Each service has its own requirements for submitting an application and a list of required documents.

By following all the requirements, a spouse can obtain a divorce without the participation of his wife within 1-5 months, depending on the individual situation.

Divorce

The main advantage of using the State Services Internet portal is that you will protect yourself as much as possible from “going through the pain” in the form of visiting certain departments and institutions.

And if it so happens that you decide to divorce your marriage, then the most convenient and fastest way will be to use this service.

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To begin with, you should register on the portal . The entire registration does not take much time, and if you take into account the effect, it will allow you to save time in the future. All that is required of you is to go to the site, find the registration column, and follow all the steps that it provides. There are three such steps :

Initial registration (your first name, last name, phone number and email are required), during which you gain access to the site/application, but in a limited way;
Full registration ,
which will require you to provide information on several documents, including your passport and SNILS.
Account confirmation : after the data you entered has been processed, you will need to take your passport and confirm your identity at a Pension Fund branch, at Post Bank or through online banking. This procedure needs to be completed once and you will not need to return to it again.

Once you have an account, you can use the service to file for divorce electronically. But first we need to clarify one nuance.

List of required documents upon divorce

Applying for a divorce certificate with qualified support always guarantees results. Often such situations are complicated by the need for additional measures or judicial protection of rights, which requires the participation of an experienced lawyer.

And for those who have an EDS (electronic digital signature), you don’t have to go anywhere at all: in this case, original documents are not required.

Next, you need to enter information about your marital status. Indicate whether you are married now, whether you were in the past, and for what reason the marriage ended (death of a spouse or divorce). Then you enter information about whether you have children and their personal data (full name, date of birth). Later, data on the previously issued passport, which is subject to replacement, is entered.

The process is as simplified as possible: after registration, you need to send scanned copies of documents, fill out the required form and wait for confirmation.

How to file a divorce if you have minor children

This rule is provided to protect teenagers and cannot be challenged. Even if mom and dad have already decided among themselves who their children will live with next and have decided on the frequency of their meetings. And for each situation there is a specific template for writing a statement. Let's look at how to correctly draw up and submit a document to officially dissolve a marriage.

This is important to know: Can a guardian work officially?

In all other cases except those listed above, or in the absence of a court decision, both spouses are required to file an application for divorce personally, by mutual consent, so to speak!

Friends, the State Services Portal often works, to put it mildly, poorly. Technical support gives fantastic answers and really can’t help. Join the community, let’s help each other on your own!

Before the advent of a specialized portal providing partial or full provision of public services via the Internet, divorce was carried out exclusively with personal participation (except for cases provided for by law). This was associated with some difficulties - queues, loss of time.

The above conditions are specified in Article 19 of the RF IC. It is necessary to provide a court decision of incapacity or conviction of the spouse.

In all other cases, you can carry out the required actions through the site without any problems. Only those users who have registered can submit an application for the dissolution of the union through a special resource. Through a guest visit, you are only allowed to view the main sections of the resource. It will not be possible to place an order for them, nor will it be possible to submit an application online.

Required documents

At the same time as following a certain sequence of actions, it is important to issue and prepare certain certificates. They are not brought in person, but are brought in by following the following step-by-step instructions:

Go to the government services portal.
A phrase is selected from the menu that allows you to register the separation of spouses. The department where the marriage was recorded some time ago is registered here.
A table will be automatically displayed where information is entered in all empty fields. Then the passport photo is uploaded.
You enter the section with the attached papers, where you need to fill out the required fields.
Personal papers and certificates such as proof of family creation, a passport of a citizen of the country and SNILS are uploaded. There is a section with a list of papers on a special page. Comments are written next to them - some papers are presented in the original, copies are made of others.
After sending documents unilaterally, it is enough to select the most convenient option for receiving information - an email or work phone.

A petition for divorce proceedings is considered strictly for a month. Upon completion, the applicant will be sent a corresponding notification. Here is the date when you can send a request to the registry office. In a month, both spouses will receive a certificate confirming the divorce transaction. It can also be issued to one spouse.

Rules for divorce in the presence of minor children

And in order to do this easily, quickly and without leaving home, the Gosuslugi portal provides a corresponding option, which is the focus of this article.

All this is reflected in the statement of claim, which serves as the starting point for proceedings in court. If it was not possible to find a common language when dividing property, the court has the right to award division of its monetary equivalent. That is, those getting divorced will be forced to sell their property and divide the proceeds.

The amount of state duty for divorce on the State Services website

An employee of the Federal Migration Service will assign you a new time to appear with the originals of the necessary documents.

During the hearing, the court finds out the following information:

current family relationships of the plaintiff and defendant;
reasons for divorce;
questions about the subsequent residence of common children and division of property;
the possibility of reconciling the couple and saving the marriage.

Here he will be able to choose his individual user password to log into his personal account. To select a password, it is recommended to use a complex combination of numbers and letters.

Therefore, moving from emotions to dry calculation, the question inevitably arises: how to do this with minimal losses and, preferably, without piles in the form of paperwork, nerves and knocking on the thresholds of offices of various authorities.

Payment of state fees for divorce

The operation is mandatory when separating spouses by mutual consent. If an application for termination was received from two parties at the same time, the fee will be 650 rubles. If you receive a positive decision from only one party, you will have to pay a state fee equal to 300 rubles.

To make a payment, you will need to print the appropriate form. The amount is written down in it and paid at any bank branch. Banking is allowed. To pay the state fee, it is advisable to find the section with papers on the State Services.

Everything here is simple, designed so that the user spends a minimum amount of time. The Internet facility for servicing clients who want to get a divorce is constantly being modernized, and much has been created for the convenience of users. If there is a need, those wishing to receive qualified advice by calling the support numbers. After reviewing the application, you will need to contact the registry office. It will be important to take with you a certificate of payment of the fee.