In which registry office can you get a divorce?

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It happens that a wife and husband live in different cities and subsequently decide to divorce.

Is it necessary for spouses to travel together to the locality where the marriage was registered? The law says that it is not necessary: ​​the Family Code of the Russian Federation and the Federal Law “On Civil Status Acts” establish that a divorce can be effected both at the place of marriage and at the place of residence of the wife and/or husband. After all, sometimes a trip is impossible for various reasons: illness, presence of children, financial difficulties.

Divorce of spouses who live in different cities has a number of procedural features. In this article you will find detailed instructions on how to get a divorce at a distance, saving time, effort and money.

Where can I get a divorce?

The authority authorized to terminate a divorce is determined by factors such as:

• presence of common minor children;
• the ability of the spouses to come to an agreement;
• the presence of circumstances due to which one of the spouses is unable to take part in the divorce process;
• the nature of the disputes that arose between the couple.

Each of them has a separate impact on the place and process of divorce, but the most significant is the presence/absence of children.

If there are no children

For a childless married couple (or with adult children) to get a divorce, it is enough to appear at the registry office.

According to Art. 32 of Federal Law No. 143-FZ, the authorized unit of the civil registry office is selected on a territorial basis:

• At the place of marriage registration.
• At the place where the spouse lives.

Among the indicated options for filing for divorce, the husband and wife have the right to choose what is acceptable to them. But to do this, they need to come to a common opinion regarding the choice of the registry office and, most importantly, the termination of the marital relationship.

If the desire to dissolve the marriage is mutual, but the spouses have other claims against each other (for example, of a property nature), it is better for them to postpone their resolution until the divorce process is completed. This way, registering a change in your marital status will be much faster and easier - for this you do not need to involve a judge in the case and combine the divorce procedure with other, intractable conflicts.

The participation of a judge becomes necessary for spouses who take opposing positions regarding the main issue - divorce.

If one of the spouses is against, the other can no longer file for divorce with the registry office - he will have to go to court, since only a judge has the necessary powers in this case:

• world - considers claims for divorce and division of jointly acquired property in the amount of no more than 50 thousand rubles;
• district - authorized to conduct divorce proceedings with claims of a property nature, valued above 50 thousand rubles.

The application to the court is sent in accordance with the territorial jurisdiction - at the place of residence of the defendant (the spouse who does not want to divorce). But, if the applicant’s health condition does not allow him to personally contact the authorized body, he, with a supporting medical report, has the right to choose the court assigned to his residential address.

If there are children

The presence of children makes it mandatory for spouses to contact a judicial authority. It does not matter whether the desire to terminate the relationship is mutual or comes from one person.

For them, just like for spouses without children, the divorce is carried out by a magistrate. But, if the claim includes demands to determine the child’s place of residence or the order of his communication with a parent living separately, the jurisdiction of the case changes and it moves from the magistrates to the district court.

The husband/wife of an incapacitated citizen, sentenced to imprisonment for a term of three years or more, or a missing citizen has the opportunity to avoid litigation by unilaterally filing for divorce. The initiator of divorce simply needs to contact the civil registry office for state registration. And it doesn’t matter whether the ex-couple has children or not.

Is it possible to file for divorce in another city without registration?

As noted above, a divorce in the registry office is processed only at the place of residence of one of the spouses or where they signed. And, based on this, it is possible to dissolve a marriage without registration at the primary place of residence only in the city where the marriage was registered.

If a husband and wife are in a locality where neither their residence nor their marriage is recorded, they will not be able to file for divorce directly there.

The only option not to travel to the address of registration of residence or marriage is to register at the actual place of residence or carry out the divorce procedure remotely.

How to re-register your actual place of residence

According to Art. 2 of Federal Law No. 5242-1, the place of residence of a citizen of the Russian Federation may be a house, apartment, living room or premises of a specialized housing stock in which he resides primarily or permanently by right of ownership, rental agreement, privatization or other basis provided by law.

In accordance with Art. 1 of the above-mentioned legislative act, citizens of the Russian Federation have an unhindered opportunity to move within the country, changing their place of residence or stay.

But in order to register at a new place of residence, you must:

1. Contact the registration authority (passport office).
2. Write an application to change your permanent address.
3. Present to the authorized employee an identity card and a document that is the basis for moving into a new address (issued by a housing maintenance organization or an individual/legal entity responsible for the control and operation of the living space).

It is not necessary to cancel your registration at your last place of residence - the authorized body will itself forward the necessary information to the appropriate structural unit.

Options for divorce remotely

If the spouses do not have the opportunity to officially change their address, they can declare their desire to divorce from a distance. The following options are available for this:

1. Send your application by mail.
2. Contact the nearest government provision center (MFC).
3. Use the State Services portal.

The methods presented above are suitable only for childless spouses whose desire to divorce is mutual, since with their help they communicate with the civil registry office.

In cases where a divorce case falls within the jurisdiction of a magistrate or district court, the plaintiff may resort to one of the following methods:

1. Authorize a trusted person to represent your interests (this can be any capable citizen, preferably a professional lawyer).
2. Use postal services.
3. File a claim through the state automated system “Justice”.

Each method has its own pros, cons and features. Some of them can be seen in the following examples.

Example 1. Divorce through court via postal service

The initiator of the divorce (plaintiff) lives with the defendant in different cities, but, in accordance with the requirements of the law, must file a claim in court at the place of residence of the defendant (who does not agree with the divorce).

The divorce process in his case goes like this:

1. Drawing up a claim for divorce.
2. Certification of a signature on a document by a notary.
3. Collecting documents, making copies.
4. Drawing up the necessary papers, including a claim, by a valuable letter with a list of the contents and a notification of delivery.
5. Sending a letter to the court.
6. Receiving notification of the acceptance of the case for proceedings and then the date of the hearing.
7. Submitting a petition to the court to consider the case in one’s absence and sending a copy of the decision to the specified address of actual residence.
8. Obtaining an extract from the issued judicial act and submitting it together with an application for registration of divorce to the registry office.
9. Receiving a postal item with a divorce certificate.

Example 2. Submitting an application to the registry office through the Unified portal of public services

Filing for divorce through the State Services website is the best option for active Internet users. It consists of the following:

1. Registration on the website (both spouses must do this), passport, contact information, SNILS must be indicated.
2. The account is confirmed at a specialized certification center, during a personal visit or by mail.
3. Both spouses, each from their personal account, fill out the online form of a two-sided application for registration of divorce, pay the state fee (with a 30% discount) and send it (it is forwarded to the authorized department automatically, after checking by a moderator).
4. On the date available for visiting (after the mandatory waiting period has expired), applicants come to the civil registry office and register a civil status act in the standard manner.

This method only allows you to file an application for divorce or register a divorce remotely, but does not relieve spouses from the need to personally visit the department. In addition, not all regions of the country are ready to provide such a service.

Features of divorce outside the place of registration

Through the registry office

The divorce process consists of a clear sequence of actions, which is enshrined in law. Every citizen who wants to end unpleasant family relationships with his wife or husband and gain freedom from fulfilling marital obligations must go through it. Knowing how to properly get a divorce at a state registry office other than your place of registration will help you save time, effort and money spent on traveling and collecting documents.

So, in brief, the divorce algorithm is as follows:

1. Cases are clarified when a marriage union concluded between spouses can be terminated through the state registry office and what documents are needed for this.
2. The registry office authorities that have the legal right to divorce spouses are determined.
3. The necessary documents are prepared and methods for submitting them are figured out.
4. The documents are submitted and the day on which the marriage will be terminated is determined.
5. The divorce is registered at the registry office, and former marriage partners receive divorce certificates.

If the marriage partners agree to amicably separate and, at the same time, they do not have at least one minor child in common, then they can submit documents for the termination of the marriage through the state registry office.

In which state registry office can the end of a marital relationship be formalized? The law distinguishes 2 categories of these bodies:

1. Located in a locality in which both or one of the marriage partners are registered.
2. Located in the locality where the official marriage took place and family relationships were registered.

This means that a divorce outside your own place of residence is allowed only when:

• The spouses are registered in different cities;
• Both spouses are registered in the same city, but the family union was not registered at the place of residence of the initiator of the divorce.

It should be noted that neither the presence of temporary registration in the city, nor, moreover, the actual residence in it, does not give the right to demand a divorce in the civil registry office of a given city.

The list of required documents in case of mutual divorce is uniform and unchanged and includes:

• A receipt proving payment of the duty.
• Both spousal passports.
• An application drawn up in the prescribed form.
• Marriage certificate.

The law allows three ways to transfer the necessary documents:

1. Using the capabilities of the State Services website. The most optimal way to send papers over long distances, which is available anywhere there is Internet access. You can also pay the state fee there on the website. One of the disadvantages of this method is the need to purchase an enhanced electronic signature for each spouse, without which it is impossible to send a package of collected digital documents.
2. MFC. Thanks to it, you can send divorce documents, for example, from Yekaterinburg to Volgograd, without coming to the Volgograd registry office. The application with attachments is submitted to the MFC employee in the presence of both marriage partners or one of them, but then the signature of the absent spouse must be notarized. In addition, it is unacceptable to involve a representative in submitting documents. In other words, divorce documents can only be submitted in person.
3. Bring the documents in person to the registry office of another city. The rules for filing are absolutely identical to the rules for filing papers using the MFC, i.e. the personal presence of the spouses or one of them is required, a ban on representatives is established, and notarization of the signature of the absent marriage partner is required.

On the day determined by the civil registry office employee or the spouses (at least one month after the divorce documents are served), the termination of the marriage is formalized.

In the personal presence of one spouse or both of them, the civil registry office employee makes sure that the decision of the husband and wife regarding the now inevitable separation is unshakable, enters the necessary information about the divorce into a special book and presents the now ex-spouses with a certificate of termination of the marriage.

The differences between a divorce initiated at the sole request of a spouse and a mutual dissolution of marriage are indicated in the table.

Otherwise the procedures are identical.

Through the court

Possible places to file a claim:

1. 
   At the permanent registration address or at the temporary registration address, or even at the actual residence address of the defendant. If the applicant does not know exactly where the defendant is located, several addresses can be indicated in the statement of claim to which subpoenas will be sent.

2. At the permanent registration address of the plaintiff, when medical documents confirm that he is seriously ill, as well as if he has a dependent minor.
3. In any Russian court by agreement between the spouses.

From this we can conclude that in the case of termination of marriage through the court, the law allows for a wider variety of possible places for divorce.

Next, the applicant must determine which court (magistrate or district) can resolve his case. To do this, it is necessary to have an idea of ​​the competence of each court.

There are two ways to submit documents for consideration by a judge:

1. Via the Internet using the State Automated System “Justice”. To access the service, you must have an account on State Services and confirm your account. Information on how to verify your account can be found here.
2. Submit in person through the civil office or through the court reception.

Judges usually send extracts from court decisions on divorce to the state registry office indicated on the marriage certificate. In other words, to the registry office that registered the family relationships of marriage partners. To avoid this, it is necessary to submit a petition at the meeting and ask the court, if a positive decision on divorce is made, to send an extract to the state civil registry office at the place of official registration of the petitioner.

The marital union will be dissolved after the relevant court decision acquires the force of law. An extract from it is sent to former marital partners by mail, if they have submitted a request for this, or is collected through the court office in person.

Next, the former spouse must pick up a certificate of termination of marriage from the state civil registry office that registered the dissolved marital union or is located at the place of residence of one of the spouses.

Documents that need to be provided for this procedure include:

• Application in the prescribed form.
• State duty check.
• Marriage certificate.
• Applicant's passport.
• Court transcript.

Documents are sent digitally through the State Services website, brought in person or by a representative holding a notarized power of attorney. It is not necessary to submit a joint application, so each former spouse has the right to prepare their own copy of the documents.

Once the documents have been verified and their validity has been established, the civil registry officer will produce a copy of the divorce certificate and give it to the applicant. All this usually happens on the day the application is submitted.

How to get/file for divorce in another city

First of all, it is necessary to correctly determine the body competent to resolve this issue, since the procedure for divorce through the court and the registry office will be different.

Through the court

The course of the divorce process through representatives, through postal correspondence and using the electronic service “Justice” has a similar structure, but some of their differences are worth considering separately.

Procedure

The plaintiff's standard course of action is as follows:

1. Drawing up a statement of claim.
2. Collection of documents.
3. Payment of state duty.
4. Submitting papers to court.
5. Participation in a court hearing.
6. Obtaining an extract from the decision on divorce.
7. Submitting an extract and application for registration of divorce to the registry office.
8. Payment of state duty for state registration.
9. Obtaining a divorce certificate.

You can complete the process by submitting procedural documents by mail. This matter must be approached responsibly: it is important to issue mailings in a valuable letter, using the “Notice of delivery”, and also do not forget to certify the personal signature on applications and petitions with a notary.

If this method is not suitable, the party to the proceedings has the right to appoint a representative. To do this, he needs to issue a power of attorney from a notary to represent his own legitimate interests, separately indicating in it the possibility of:

• signing and filing a claim in court;
• waiver of claims (full or partial);
• changes in the subject of the dispute;
• concluding a settlement agreement;
• transfer of received powers to a third party;
• appealing a judicial act;
• transferring an order to collect alimony to bailiffs;
• receiving material assets after division of property.

If the powers to carry out the listed actions are not mentioned in the power of attorney, the representative will not be able to carry them out. The remaining procedural rights and obligations are assigned to him by default.

To file for divorce through the State Automated System “Justice” portal, the initiator will need to follow the instructions below:

1. Go to the email address https://ej.sudrf.ru/.
2. Select “Submit Appeal” on the top menu bar.
3. Click “Login” if the user already has a registered account in the Unified Identification and Authentication System (USIA), or “Register in the Unified Identification and Authentication System” if a profile has not been created previously (through the State Services portal, for example).
4. Confirm the entered data during a personal visit to the certification center (addresses can be found on the website https://www.gosuslugi.ru/).
5. Using the prompts, fill out the electronic claim form, attach scanned copies of the necessary documents and submit for consideration.

Alerts about the progress of the proceedings can be viewed in the user’s personal account. An electronic version of the judicial act will also come there (if desired, you can also receive it in paper format).

You can use the service for filing a claim through the State Automated System “Justice” portal without registering with the ESIA, by introducing an enhanced qualified electronic signature.

Procedure

After receiving the statement of claim, the judge decides what to do with it next: accept it, leave it without motion, return it to the plaintiff, or reject it.

If the appeal is drawn up in accordance with all the rules, submitted by an authorized person and accompanied by a complete list of necessary papers, the court issues a ruling on the commencement of legal proceedings in the case.

Next, if necessary, preparations for the trial are carried out - the judge studies the case materials, checks the circumstances stated in the application, requests missing evidence and facilitates reconciliation of the parties. And, if the spouses’ intention to divorce is unshakable, the next stage comes - hearing the case.

Notices of the date and time of the hearing are sent to the actual place of residence of the plaintiff, defendant, witnesses and third parties involved in the divorce proceedings. And at this moment, its main defendants can send a request to consider the case in their absence or empower their representative.

The further course of the proceedings will take place without their direct participation. The main thing is that the corresponding petition be filed by the plaintiff, since its absence simultaneously with the failure of the initiator to appear at the meeting entails the termination of the case.

The absence of the defendant becomes the basis for:

• adjournment of the case if the reasons for failure to appear are valid or the court has not received notification of the delivery of the summons to the addressee;
• consideration of the case if he did not report the reasons, they turned out to be unjustified or a petition was filed to consider the case without him, as well as in the case when the notice was returned from the post office after the expiration of the storage period.

Former spouses also receive an extract from the decision on divorce (necessary for state registration with the civil registry office) in a format convenient for them - by mail, in their personal account on the portal https://ej.sudrf.ru/ or through their representative.

The extract along with the application for registration of divorce is sent to the authorized body through the State Services website, or also by mail or through an authorized representative. This concludes the divorce process.

Documentation

To get a divorce through the court, the applicant will need to prepare:

1. Marriage certificate.
2. Receipt for payment of state duty.
3. Birth certificates of common children (if available).
4. Documents confirming the acquisition of property acquired during marriage.
5. Calculation of a fixed amount of alimony (if the claim includes a request for alimony).
6. Certificate of income of the potential alimony payer.
7. Other documents establishing the circumstances indicated by the plaintiff.

If filing for divorce online, the applicant will need to convert the documents into an electronic version (notes about acceptable permission and format can be found when filling out the form on the GAS Justice portal).

Statement

The statement of claim for divorce shall include the following information:

1. Full name and place of residence (in fact) of the parties.
2. Full name of the representative and indication of the grounds for his authority.
3. Name of the court.
4. Date of marriage and details of the supporting document.
5. Number and dates of birth of common minor children.
6. Reasons for divorce (if the claim is filed against the will of the second spouse).
7. Other circumstances justifying the plaintiff’s request.
8. Claims (what the applicant wants to achieve through legal proceedings - divorce, collection of alimony, division of marital property, determination of the child’s place of residence, etc.).
9. List of documents attached to the case.

The claim must be signed by the person who filed it - the initiator of the divorce or his representative. The signature on the application, which will be sent by mail, is certified by a notary. The claim in electronic form is supported by an enhanced qualified signature (not necessary if the filing is made through authorization in the Unified Identification and Authentication System).

Sample claim:

Deadlines

It is difficult to name the exact duration of the divorce process. It depends on the severity of the conflicts existing between the spouses, the good faith of the defendant, unforeseen situations that may arise for the plaintiff or defendant in the proceedings and lead to the postponement of the hearing.

The position of the judge also plays an important role. By law, he has the right to set a reconciliation period for the parties to the dispute - up to three months. But in general, according to the Civil Procedure Code of the Russian Federation, divorce in court takes 2-3 months. These include:

• 5 days allotted for making a determination to accept or reject the claim;
• 1 or 2 months, during which the case must be resolved on the merits by a magistrate or district judge, respectively;
• 1 month established for the entry of a judicial act into legal force.

After a month has passed from the date of the decision on divorce, the spouses can immediately obtain a confirming certificate and register a new civil status act.

Price

A state fee is charged for filing a claim in court. The plaintiff pays it in the amount established by paragraphs. 5 p. 1 art. 333.19 of the Tax Code of the Russian Federation, which is 600 rubles.

After the decision on divorce is received, both spouses will have to pay another 650 rubles to register the divorce with the registry office.

Out of court

If circumstances make it possible to avoid court proceedings, they apply to the registry office for a divorce. This is not difficult for spouses located in different cities. The main thing is to follow the instructions below exactly.

Algorithm of actions and procedure

First of all, applicants need to decide on the place to file for divorce and the method of its implementation.

It is important to know that divorce is impossible without the presence of at least one of the applicants:

1. The application via the State Services website is sent remotely, but the spouses are required to come for confirmation of registration.
2. Only one of the spouses has the right to file for divorce by mail (if they live in different cities), the other must apply in person at their place of residence.

After the application is completed and filed, the husband and wife are informed of the date of state registration of the divorce. On this day, they (or at least one of them) need to appear at the civil registry office and complete the divorce procedure:

1. Pay the state fee (if it was not transferred from a bank card through the State Services portal).
2. Submit a marriage certificate and receive it back, with a note of divorce.
3. Obtain a divorce certificate.

Subtleties of divorce in another city

Despite the fact that the divorce procedure itself is quite simple (especially through the registry office), in practice various difficulties often arise. For example, the initiator of a divorce may not know the whereabouts of his spouse. Then he can recognize him as missing and get a divorce through the registry office unilaterally.

Where to submit documents

You can get a divorce either through the court or through the registry office. But you can't just choose any method. You should go to the registry office if the couple does not have young children or any conflicts, but there is a mutual desire to get a divorce.

The law also does not prohibit the use of a unilateral divorce procedure through the registry office:

• if one of the couple was declared incompetent;
• if he is in prison;
• if he is missing (this is officially recognized).

The period for dissolution of a marriage union in all cases is 1 month. But if the spouses (or one of them) fail to appear to receive the appropriate certificate, the divorce is annulled.

In all other cases, a claim should be filed. Even if the spouses peacefully divided the children and property. But usually a statement of claim is filed when a couple cannot come to an agreement and separate without conflict. For example, one of them does not want to get a divorce.

Documents that will be required

The most important thing during the divorce process is the paperwork. It does not matter how the marriage is dissolved, although the court will need more documents. The registry office should provide:

• an application completed by both or two applications from each;
• a certificate with which you can confirm payment of the duty;
• document confirming marriage registration;
• consent to divorce if one of the spouses cannot be present in person (notarized).

For the trial you should prepare:

• statement of claim;
• certificate confirming the conclusion of the marriage union;
• papers certifying the birth of a common child;
• papers with which you can confirm ownership of common property;
• passport;
• additional papers.

Photocopies of all documents must be made. The statement of claim is drawn up in three copies, so one document remains with the plaintiff, the second is provided to the court, and the third must be handed over to the defendant.

Additional documents include all certificates and agreements (for example, a marriage contract or alimony agreement) that may influence the court’s decision. Although in practice the reason for divorce is not very important, since the desire of one of the couple is enough for this. It is much more important to respect the interests of the child.

If the spouse is foreign

When the spouse is from out of town, it is not necessary to go to him for a divorce. You can use any of the above methods. For example, send a notarized consent to the procedure. But if one of the couple refuses to meet their partner halfway, divorce can be achieved through a lawsuit.

If there is consent to divorce from the second spouse

The law allows for unilateral divorce if the second spouse provides his consent in writing. But such a document must be drawn up in accordance with all the rules and notarized. The standard divorce period is 1 month.

In the absence of residence permit or registration with any of the spouses

The application (claim or ordinary) is submitted only at the place of registration of the wife or husband. Registration can be temporary or permanent, it doesn’t matter. It doesn’t matter that the second spouse may not have such registration. But if both do not have registration, then they need to get one, otherwise the divorce will not take place.

If you have children

If a couple has a small son or daughter, then the procedure is carried out through the court. Even if the issue of their place of residence and alimony has been resolved and even documented. The court will still hold a hearing with the involvement of a guardianship officer and check the living conditions of both parents. If the common children are already 18 years old, you can safely get a divorce in court.

How to divorce your wife if she lives in another city?

First, the spouses need to discuss which branch of the registry office they will contact. If at the husband’s place of residence, then he must appear at the authorized body in person with an application for divorce.

The wife must fulfill her part of the duties - write an application, have the signature certified by a notary and send it by mail to the civil registry office at the spouse’s place of residence.

Afterwards, to confirm registration, a visit from him alone is enough. While the wife has the right to receive a certificate later, when she can visit the civil registry office in the city where her ex-husband lives, or by mail by submitting a request through the nearest branch or MFC.

In a situation where an application for termination of marital relations is sent to the wife’s place of residence, everything happens the other way around.

Documentation

When divorcing in the registry office, spouses must present:

• identification;
• Marriage certificate;
• receipt of payment of state duty (optional);
• certificate of residence.

Electronic versions of the papers (in the form of high-quality images) are attached to the application in your personal account on the public services portal. The originals (except for the passport) are sent by mail, and each document must be noted in the list of attachments.

According to one spouse

If one of the spouses is declared incompetent, missing, or is serving a sentence of imprisonment for a term of three years or more, the other has the right to file for divorce unilaterally. And for this, the participation of a judge is not necessary.

To dissolve a marriage, the initiator only needs:

1. Submit an application to the civil registry office at the place of registration of your place of residence or marriage (through State Services/by mail).
2. Come to the place where the application was submitted to personally attend the registration of termination.
3. Submit your marriage certificate to mark the divorce.
4. Obtain a certificate of registration of divorce.

The existence of these circumstances must be documented by attaching to the application a conviction, a court decision declaring the spouse incompetent and missing.

Statement

The content of the application submitted by spouses to the registry office is established in Art. 33 of Federal Law No. 143-FZ. It must indicate (for each spouse):

• Passport details.
• Nationality.
• Education.
• Marriage certificate details.
• The surnames they will take after the divorce.
• The basis on which an application can be sent unilaterally.

Forms of two-sided and one-sided application for divorce

Deadlines

A remote divorce through the civil registry office can be completed no earlier than a month after filing the application. During this period, the spouses still have time to change their minds and after a month simply do not come to the registry office. But, if at least one of them confirms the registration of the divorce during a personal visit to the department, the marriage will be officially terminated.

Price

Registration of a divorce will cost spouses 1,300 rubles (for two). If the application is submitted unilaterally in the event of loss of legal capacity by the second spouse, his disappearance or imprisonment, the amount of the state fee for him will be 350 rubles.

List of documents for filing a claim

Below is a list of documents that can be filed with the court in cases where spouses not only get divorced, but also try to resolve disputes regarding alimony, marital property and the place of residence of children.

1. A statement describing the claims. Sample samples can be viewed here or here, as well as here.
2. Marriage contract.
3. Information confirming the defendant’s level of earnings (certificate from the employer, witness statements). It will be required if the plaintiff wants to receive alimony payments from the other side.
4. Property division agreement.
5. Documents for children (birth certificates).
6. Marriage certificate.
7. Inventory of property assets belonging to spouses and subject to division.
8. Documents for housing (lease agreement, certificate of ownership). They are necessary if the spouse wants to keep the child with him after the divorce.
9. Appraiser's report.
10. Evidence of the impossibility of further life together with the defendant due to his infidelity, alcoholism, beatings, etc. This may be testimony; certificates from medical organizations or police; administrative protocols; criminal record certificates; information from correspondence via email, instant messengers or social networks.
11. Characteristics of the applicant provided by relatives, colleagues, child’s teachers, employer.

If there is no marriage certificate

Loss or damage to a marriage certificate is an obstacle to its dissolution. But it is not difficult to overcome it. To do this, the interested party only needs to resort to one of the following methods:

1. Contact the civil registry office at the place of marriage.
2. Recover document.

If the divorce is carried out through the court or an application to the specified division of the registry office is not possible even for one spouse, the marriage certificate must be restored.

Either spouse has the right to do this through the nearest civil registry office or multifunctional center. In this case, he will be required to:

1. Draw up and submit an application for the issuance of a duplicate of the lost document.
2. Appear at the registry office or MFC again when the restored certificate arrives there.

With a duplicate in hand, you can proceed to file a divorce at any authorized authority.

Is it possible to get a divorce without registration?

Lack of registration in some cases can complicate the divorce procedure. But this circumstance cannot serve as an obstacle to divorce.

When spouses fill out any legally significant documents (divorce application to the registry office, statement of claim or counterclaim), you can indicate not only the registration address, but also the actual residential address. In this case, the sending of summonses, letters and other notifications related to the divorce process will be carried out to the specified address. The risk of non-receipt of correspondence and documentation is borne by those persons who indicated the postal address.

Features of remote divorce of spouses residing outside the territory of the Russian Federation

The divorce process becomes noticeably more complicated if spouses live in different countries.

In such a situation, their action plan is as follows:

1. A visit of a spouse living outside the territory of the Russian Federation to a lawyer or directly to a notary for the preparation and/or certification of a document confirming his consent to divorce. This could be a power of attorney to represent the interests of such a person in court or an application for divorce.
2. Search for an organization that carries out the translation of legally significant documents and certifies it with an Apostille stamp.
3. Forwarding the original and translation of the power of attorney/divorce application to the sender’s representative in the Russian Federation or to the civil registry office at the place where the spouse lives.
4. Drawing up and filing an application for divorce by a spouse located in Russia (at his place of residence).

The further course of the procedure will be practically no different from those described earlier.

The lawyers on our site will help you choose the best method of divorce and draw up a plan for further action. Consultation is provided free of charge, by telephone and through the electronic form of the website.

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