When can you file for divorce? What days can you apply for a divorce at the registry office

How to get a divorce through the registry office?

To answer the question of how to get a divorce through the registry office, the spouses need to study the norms of the RF IC. This normative act contains the grounds, procedure and conditions for divorce, carried out in the registration authorities.

Grounds for Divorce

The registry office officially dissolves a marriage between citizens if:

spouses do not have children under the age of 18;
one of the spouses was declared missing;
the spouse, by decision of the judicial authorities, has been declared incompetent;
one of the spouses is convicted, and the term of imprisonment exceeds 3 years.

What are the jurisdictional issues?

At the same time, a spouse applying for the dissolution of a marriage in the presence of the above circumstances cannot avoid legal proceedings if:

there were disputes about the fate of common children;
there are unresolved issues related to the division of common property;
the amount, conditions and procedure for the payment of funds for the maintenance of a disabled spouse have not been clarified.

If the parties have not reached a general agreement, then all these issues are resolved only by the judiciary, regardless of the divorce issued by the registration authorities.

Terms of divorce through the registry office

The decision on divorce can be made by authorized persons of the registering body within 1 month from the date of filing the application of the spouse.

A 30-day period is given to the spouses to collect the missing papers and more carefully consider their decision to terminate the marriage. That is why, within 1 month from the date of application, citizens can withdraw their application.

The 30-day period begins to be calculated by the state authorities from the day following the date of registration of the application for divorce. If the 30th day falls on a holiday date or a non-working day, then the deadline for consideration of the application is the day following it.

Documents for divorce through the registry office

To start the procedure for dissolution of the marriage union, the spouse should apply to the registration authorities with a certain package of documents.

The Civil Code of the Russian Federation contains a rule according to which citizens must apply to the registry office located at their place of residence to file a divorce.

Application Form

Application for 2 spouses

If the spouses have come to a common agreement on divorce issues, then they fill out an application in the form No. 8, recorded in the Decree of the Government of the Russian Federation “On Approval ...” dated 10/31/1998 No. 1274.

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According to this regulation, the application contains:

Full name, date of birth, place of residence, citizenship and nationality of the spouses;
passport details of husband and wife;
details of the document certifying the fact of marriage;
the name of the registration authority accepting the document;
the date of the application;
information about the date on which the registration of the divorce is scheduled;
the number and date of the record of divorce;
final surnames that citizens acquire after a divorce;
signatures of former spouses.

Application for 1st spouse

If, for some reason, only one of the spouses submits the application, then he fills out the application form No. 9. According to the Government Decree mentioned above, this form includes items about:

Full name, date of birth, place of residence, citizenship and nationality of the spouse who submitted the application;
details of the applicant's passport;
details of the document certifying the fact of marriage;
the name of the registration authority accepting the document;
the date of the application;
information about the date on which the registration of the divorce is scheduled;
number and date of the record of divorce;
the final surname that a citizen acquires after a divorce;
grounds for divorce. Such a basis may be a decision of the judicial authorities or a court sentence condemning the second spouse to imprisonment; in the application, the spouse indicates the exact details of the judicial act and attaches its original copy;
applicant's signature.

Additional documents attached to the application

In addition to an application drawn up in the proper manner and certified by the personal signature of the applicant, a citizen who wishes to obtain a divorce must submit the following package of title documents to the registration authorities:

Citizen's passport.
Marriage certificate.
Receipt of payment of the fee (see: How much does a divorce cost: state duty for divorce in 2017-2018 (court, registry office)?).
Judicial acts adopted in relation to one of the spouses.

How to apply?

The legislator allows citizens to apply not only by visiting the registration authorities in person, but also through official electronic systems. So, the spouse can send a message to the electronic address of the state body through the Unified State Portal, which provides public services.

If both spouses agree to a divorce, but one of them cannot appear before the body, then his will can be drawn up in a separate document. At the same time, an application from the second spouse who did not appear at the registry office must go through the mandatory procedure of notarization.

A similar statement, but without notarization, is drawn up by a prisoner giving his official consent to a divorce. Such a document is confirmed by the signature of the head of the correctional institution.

Divorce Registration

The Law “On acts of civil status” dated 11/15/1997 No. 143-FZ regulates the procedure for registering a decision on divorce. The date of registration of the divorce is set by the civil registry office officials on the day of registration of the spouse's application.

The basis for registering a divorce is an application of citizens or a court decision. An application may be filed with a public authority by two or one spouse, if there are appropriate legal reasons.

The place of registration may be the registry office for:

place of residence of the spouses;
place of registration of their marriage.

Spouses, including persons serving sentences, as well as guardians of incapacitated citizens, must be notified within a month of filing an application for divorce. If the incapacitated spouse does not have a guardian, then the registration authorities are obliged to notify the guardianship and guardianship authorities of the application received. In such a notice, the registry office asks the person to indicate the surname that he wants to receive after the divorce.

Certificate

A divorce certificate is the main paper certifying the fact of dissolution of a marriage union between citizens. Each of the former spouses shall receive their original copy of the certificate from the body registering the dissolution of the marriage.

According to the norms of domestic legislation, the certificate must contain information related to:

FULL NAME. citizens before and after the divorce procedure;
details of the passports of the ex-husband and wife;
date of termination of marriage;
date of registration of the record of divorce and its number;
place of registration;
FULL NAME. persons who received the document;
date of issue of the document.

So, persons wishing to dissolve a marriage can apply to the registration authority, which, after a month, will issue a divorce procedure.

Statistics say that every fifth married couple in Russia gets divorced. Having lived a short life together, the spouses understand that the relationship has changed for the worse and further marriage does not make sense. And at this moment the question arises - how to get a divorce faster and less troublesome? The easiest and most affordable option is to contact the registry office. But in some cases, divorce proceedings can only be started in court.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What it is

Divorce is a state divorce procedure based on one or both spouses.

The Family Code of the Russian Federation provides for several grounds for terminating a registered relationship:

mutual consent to start divorce proceedings;
the desire of one of the parties and the other;
husband or wife;
determination of the spouse in places of deprivation of liberty.

Due to the above reasons, the divorce process is carried out through the registry office after submitting an application and providing a minimum package of documents (passport, marriage certificate). This is the easiest and fastest way to break off official relations and stop being a family.

Where to apply

Spouses must write joint statements at the registry office at the place of registration of marriage or the place of residence of one of the spouses.

In the event of the death of a spouse, a death certificate is attached to the application. If the spouse is in prison and is serving a sentence, then a court decision is attached to the application.

Each spouse fills out the application according to the established model.

It states:

Marriage certificate number, date of issue.
Place of registration of marriage.
Absence of children.
Nationality (optional).
Last name after divorce (for those who changed their last name after marriage).

The application does not need to indicate the reason for the divorce. This is another difference between the divorce process through the registry office. The court will ask you to indicate the reason for the divorce, make an attempt to reconcile the couple, and advise you to talk to a psychologist.

At the registry office, the divorce is quick and painless, giving the couple a little time to think about the decision.

Video: legal subtleties in divorce

What you need to know

Through the registry office, you can dissolve a marriage only if there are no joint minor children, including adopted children and foster children from an orphanage.

Exceptions are deprivation of liberty, recognition of incapacity, one of the spouses.

If one of the spouses, for a good reason (illness, long business trip, living in another city, military service), is present when applying, then it is possible to provide his written permission, certified by a notary.

In the event of disputes related to the division of property, divorce is possible not only through the court, but also through the registry office. After the end of the divorce proceedings, the spouses have the right to file for the recovery of their property share.

Civil Registry Office employees, when applying for a divorce, do not require the reason for the dissolution of the marriage and do not hold conciliatory conversations.

Divorce in the registry office is possible only when registering relations on the territory of the Russian Federation. If the marriage was registered in another state, then divorce in Russia will not be allowed.

It is impossible to cancel the decision of the registry office after the end of the divorce proceedings if the decision was mutual with the legal capacity of both parties.

Divorce procedure through the registry office

Divorce through the registry office is the easiest and fastest way to divorce, requiring only mutual consent and the presence of both spouses.

The whole process does not require time and nerves, in contrast to the trial, which can drag on for several months.

Divorce begins with the filing of an application, which can be sent in three ways:

Directly at the registry office, providing passports and a marriage certificate.
Through the Internet portal.
Through the multifunctional center.

The procedure itself depends on whether both spouses agree to divorce.

With mutual consent

Family law systems have retained many Soviet norms and rules. Previously, divorce was a rarity, so the state made every effort to maintain the relationship of a registered couple.

For this reason, they tried to prevent divorce by preventing one of the spouses from unilaterally divorcing.

Now the situation is a little different - statistics speak of a sad fact - 18% of couples get divorced in the first three years of family relationships.

Terminating, as well as registering a marriage, is now not difficult, so many citizens have several stamps in their passports in the “marital status” column.

But in order to increase demographics in the country and reduce the number of single mothers, the state retained Soviet rules, not allowing one spouse to divorce through the registry office.

The legal divorce process takes a long time, allowing the couple to think about their decision and, perhaps, not bring the matter to its logical conclusion. Unfortunately, statistics on this matter are not kept, but about 5% of spouses refuse to divorce.

If both spouses are determined to divorce, then they submit a joint application to the registry office, pay the state duty (650 rubles per person) and receive certificates of divorce at the appointed time.

When there is a statement from only one side

But not always a divorce is desired by both parties. Often only the husband (more often the wife) applies to the registry office to file an application.

However, unilateral divorce can only be done through the court, regardless of the presence of children and property.

Many even go to the trick, turning to the registry office as follows:

Indicators	Description
With spouse's papers	during a divorce, the presence of both parties is mandatory, one passport is not enough (the interests of the spouse can be represented by a trustee who has a notarized certificate)
Recognizing a spouse as missing	to recognize a person as such, you must contact the police and write a statement about the loss. If after a year the location of a person remains unknown, then he is recognized as missing, as indicated in the document that is issued to the spouse
Claiming assault	if there is physical violence in the relationship, then the divorce process is handled by the court

The procedure for dissolution of marriage through the registry office is the same for everyone. Divorce unilaterally is possible only through the court, or in the absence of a spouse for a good reason.

How long does the process take

It takes 30 days from the date of filing the application to the receipt of a certificate of divorce. This period is given to the couple to think about the decision.

Often, spouses go to the registry office on emotions, after a strong quarrel. The state gives a one-month period for refusing a divorce. If a couple refuses to divorce within 30 days, then it is enough for her not to come at the appointed time for a certificate.

The process is automatically canceled, the state duty is not refundable. With the consent of both spouses to divorce, on the appointed day, the appearance of one party is sufficient. This will automatically complete the divorce proceedings.

In some regions, the system is different - if the couple does not pick up the divorce application within a month, then after 30 days the procedure is considered completed. Former spouses will be able to pick up certificates and stamp their passports at any time.

The terms of the divorce proceedings cannot be changed at personal request. An increase in time is possible when applying to the court if one of the parties changes its decision. In this case, you need to write, demanding to stop the divorce proceedings.

However, the desire of one party will be enough to complete the divorce procedure, except for some factors (for example, sudden news of the spouse, severe illness of the spouse that prevents the divorce from being stopped, etc.). Each case is considered individually.

Registration procedure

The procedure for filing a divorce in each case is individual:

if one of the spouses is declared incompetent, then the other side must obtain the opinion of a psychotherapist. The application can be submitted by the patient's guardian, and it is also allowed to provide a certificate from the hospital where the spouse is on permanent treatment;
You can divorce a spouse who is serving a sentence in places of imprisonment for a serious crime. Dissolution of a marriage unilaterally is possible if a court imposes a sentence of more than three years. In this case, a court opinion will be required;
a divorce from a missing spouse is carried out after the provision of a document confirming this fact from the police;
in the event of the death of a spouse, the divorce is carried out on the day the spouse applies. A divorce will require a marriage certificate and a death certificate;
illness and a long business trip of one of the spouses require a notarized permission to conduct divorce proceedings without the presence of one party.

Other cases require going to court.

The legislative framework

The rights and obligations of spouses are spelled out in the Family Code of the Russian Federation:

Within three years after the divorce, the spouses have the right to demand their property share, if this issue was not raised in court, and the dissolution of the marriage was carried out at the registry office.

The law also provides for the responsibility of men for their children. The marriage will not be dissolved at his request if the spouse is pregnant.

Divorce is possible only when the child reaches the age of one. A woman, on the other hand, can go to court even in a “position”.

Statistics show that the number of couples wishing to dissolve their marriage has been growing in Russia over the past few years. This is a worldwide trend, although in the US and other countries, marriages break up a little less often. A few decades later, the situation was different, and 100-150 years ago, the couple lived in a family union until the end of their days. But over time, people began to relate to the breakup of marital relations much easier, especially if there are reasons for this.

It is possible to formalize the rupture of marital relations in the state registration authority (ZAGS) only when these relations were registered there in accordance with the current legislation. This means that other types of marriage - civil, church - are not terminated in the registry office. The process begins with the submission of applications. To do this, the spouses need to appear together at the registry office and inform the staff of the institution about their intentions. An application for divorce is submitted to the registry office at the place of residence of one of the spouses or the state registration of marriage.

A husband whose wife gave birth to a child less than a year ago or is only carrying him is not entitled to file for divorce without her permission. If the spouses have children in common, whose age does not exceed 16 years, they will have to divorce through the courts. Also, you will have to go to court in cases where only one spouse wants to end the relationship, and the other objects or evades the divorce. The court will decide on a divorce in a special manner at the request of only one party, but this will require extra time and nerves.

In the presence of court decisions, registry office workers will begin the divorce procedure at the request of only one spouse, moreover, one who does not belong to the categories mentioned above. If the spouse is doing military service, is seriously ill, is on a business trip (is on a long voyage on a ship), and is not able to apply in person, his absence is allowed. He fills out an application in a special form and notarizes his signature on it. In addition to the application, you need to submit several other documents.

The employees of the registry office do not find out the reason why the husband and wife decided to divorce, do not insist on maintaining relations, and do not contribute to the reconciliation of the parties. The law provides for the possibility of reconciliation: the wife and husband have exactly one month for this. Sometimes during this time the husband and wife reconcile and maintain the marital relationship. If their decision remains unchanged, there are no longer any barriers to finally divorce.

What is needed for a divorce through the registry office?

To start the procedure for breaking off marital relations through the registry office, the personal presence of the wife and husband is required. It is also possible to submit an electronic version of the application through a single portal of state and municipal services. To do this, you need to fill in all the fields and upload scanned documents. If the spouses wish to personally submit an application to the registry office, it is necessary to present the documents (their list is below), as well as a receipt for payment of the fee. If only one party wishes to terminate the marriage, before applying to the registry office, a court decision is required that the other spouse:

Incapacitated. A copy of the court decision on recognizing the second spouse as legally incompetent is attached to the application.
Serving a sentence of more than 3 years. A copy of the court verdict that has entered into force is submitted to the documents.
Disappeared without a trace. A copy of the court decision on recognizing the second spouse as missing is submitted to the documents.

List of documents for divorce

The civil passport of the husband and wife, or the passport of one of them and the application of the other with a notarized signature.
An application in form No. 8 for a divorce with the signatures of both parties or a notarized application with a signature.
A receipt from a financial institution stating that the fee has been paid in full.
A document from the court giving the right to divorce in a special (unilateral) manner.

Payment of state duty 2014 - how much does a divorce cost

If the parties plan to divorce without trial, at the registry office, they must pay a fee of four hundred rubles (for 2014). If the divorce is made unilaterally, the cost of the fee is two hundred rubles (only one party must pay this amount). If the divorce will be made through the court, each party must pay a fee of four hundred rubles (800 in total). In addition, there may be other costs associated with the judicial procedure.

Divorce Application Form

There are three types of divorce applications - forms No. 8, No. 9 and No. 10. A document in form No. 8 is drawn up if the wife and husband do not have common children under the age of sixteen. The left side of the form in form No. 8 is intended to indicate the data of the husband, and the right - the wife. When issuing form No. 8, it is indicated:

Full Name.
Date, month, year of birth.
Place of Birth.
Citizenship.
Optionally, nationality.
Information about the place of residence.
Details of the act of marriage.
Passport data.
Surnames that the ex-wife and husband want to receive.
Date and signatures of the parties.

Form No. 9 is drawn up if only one party files for divorce, and it has a court decision that the second spouse has been sentenced for more than three years, is incapacitated, and disappeared without a trace. A copy of this decision must be attached to the application, otherwise the registry office staff will not accept it for consideration. When issuing form No. 9, it is indicated:

Surname, name, patronymic of the person filing for divorce.
Surname, name, patronymic of the person with whom the relationship is terminated.
The data of the husband and wife in the columns "he" and "she".
The basis for divorce is a court decision or a sentence of imprisonment.
Information about the document that certifies the identity of the person involved in the application.
Details of the act of marriage.
The surname that the spouse wants to receive.
Name of the correctional institution/details of the person managing the property of the missing or incapacitated spouse.
Date and signature of the applicant.

Form No. 10 is drawn up if the wife and husband have children under the age of sixteen, mutual claims. Before drawing up Form No. 10, you must file a lawsuit in court. The court will decide which of the parents the children will live with, how property is divided, maintenance obligations, and the procedure for paying funds for the maintenance of a disabled spouse. A copy of this decision must be made and attached to the application. When filling out the form in form No. 10, it is indicated:

Surname, name, patronymic of the submitter / submitters.
The name of the court that heard the case.
Date of court session.
Full Name.
Date, month, year of birth.
Place of Birth.
Citizenship.
Optionally, nationality.
Information about the place of residence.
Details of the act of marriage.
Passport data.
Surnames that the ex-wife and husband want to receive after the breakup of the marriage.
Date and signatures of the parties.

Timing - How long will the procedure take?

A month must pass from the moment of filling out the application form at the registry office, this period cannot be shortened or increased. For valid reasons, the date can be postponed to a later date. If people who decide to dissolve the marriage do not have common minor children and mutual claims, the divorce procedure takes place as quickly as possible. The process takes approximately one month. The spouses will only see each other for a few minutes - at the time of filing the application and on the day the certificate of divorce is received.

If the matter needs to be resolved through the court, a court decision will be a condition for terminating the marital relationship. According to the law, the court will begin consideration of the case no earlier than a month from the date of filing the application. This period cannot be shortened. After a positive decision is made, court employees must send an extract of their decision to the registry office no later than 72 hours.

Obtaining a certificate of divorce from the registry office

A month after the application is submitted, you must come to the institution and pick up the certificate. Only the former spouses themselves can receive a certificate (certificate) on the termination of the marriage in person: this cannot be done through representatives. The spouses have been divorced since the moment an entry about it appears in the civil registration book. Further, the former spouses will only have to get their hands on the appropriate certificate of the established form.

Almost everyone knows that it is quite easy to terminate a marriage. But when it comes to, people have a lot of questions. In particular, how to file a divorce.

You can get a divorce through the registration authority or the court, depending on the current situation and legal status. The choice of instance depends not only on the mutual desire of the spouses, but also on the presence of children and disputes regarding jointly acquired property.

Sometimes people only after registering a marriage realize that they made a mistake and regret what they did. This can happen in many ways.

Quite common are:

alcoholism of a husband or wife;
lack of understanding and difference of characters;
betrayal or suspicions about it;
constant swearing;
loss of feelings;
jealousy;
physical incompatibility;
irresponsible attitude towards the family;
lack of offspring and the desire to have them;
a serious illness of a husband or wife, and sometimes a child;
lack of material prosperity.

When several of the above reasons are present, people are more likely to get divorced. It is voiced during the dissolution of a marriage, basically one reason "did not agree in character." In most cases, the reasons are hidden deep, they are personal. And many people believe that it does not concern anyone but them.

The main reason is that the required needs are not met for one reason or another.

Conditions for divorce

Divorce can be in one of two instances: either the court.

The first option implies a simplified procedure, but not every family can ask for a divorce to be filed here.

The legislation provides for the following conditions for dissolution of marriage through the registry office:

mutual decision;
absence of children under 18;
when there are no property disputes.

There are also some exceptions that allow you to file a divorce in the registry office. This can be done under the following conditions:

the spouse has been declared incompetent;
one of the parties is under arrest for more than three years;
husband or wife is missing.

In all other cases, in order to get a divorce, you will have to write. In this case, it will no longer matter whether the second spouse agrees to a divorce or not. Sooner or later, the couple will be divorced anyway.

Divorce procedure

Sometimes people decide to get a divorce. Where to start registration depends on the situation in the family. The procedure for divorce may be different depending on the authority to which the applicant applied.

collection of necessary documentation;
payment of duty;
filling out an application at the registry office;
delivery of documentation;
A month later, you can pick up a certificate of divorce.

It should be borne in mind that both spouses need to write an application for divorce through the registration authority. The absence of one party is allowed if on his behalf there is a completed application certified by a notary. Usually this happens when it is not possible to appear at the registry office.

When the spouse is incapacitated, missing or arrested, the applicant will receive a document in a single copy. But, you will have to bring papers proving the fact of the above circumstances.

The procedure for filing a divorce through the courts consists of the following steps:

Choice of court. Typically, lawsuits are filed at the defendant's place of residence. When there are no disputes about children and the division of property worth more than 50 thousand rubles, an application should be written to the world court. If there are disagreements on the order of communication with the child, the payment of maintenance to him and the need to share expensive property, it is necessary to apply to the district court.
Collection of necessary documentation. It may be necessary to consult a legally competent person if the case is rather complicated.
Payment of state duty. It should be borne in mind that the law provides for a separate fee for the division of property.
Delivery of documentation.

A court session is scheduled within a month. In complex cases, it can be transferred, and more than once. Thus, the divorce procedure can be delayed.

After the decision is made by the court, as well as the entry into force of the decision, you can go to the registry office to put a stamp in the passport on the dissolution of the marriage. In this case, you will have to pay another fee to the state.

Important! The marriage is considered dissolved from the moment the court decision comes into force.

The divorce procedure through the courts can take place in a simplified form if an agreement is reached between the spouses.

Then, at the first meeting, the judge will make a positive decision. It is better that if there is an agreement, document it. Then the judge will not have additional questions, and the divorce will happen quickly enough.

What documents are needed

The easiest option for divorce is through the registration authority. In this case, you need to know what you need to file a divorce. This requires the following documentation package:

application, the form can be taken on the spot;
identity cards of both parties;
paper certifying registration;
payment document confirming the payment of the fee;
in case of unilateral dissolution of marriage, it is required to attach documents that will serve as the basis;
if the appeal follows after the court instance, then an extract from the court decision must be attached.

To apply to the court, you need your own package of documents. In this case, the list of securities will depend on each specific situation. The main list of documentation for the court is as follows:

application of the established form;
identification;
marriage registration certificate;
documentation of children, if any;
information about the composition of the family;
certificate of income, if jointly considers the issue of the maintenance of children;
property documentation when there is a dispute regarding it.

Sometimes the second spouse cannot be present at the meeting, then it is recommended to attach a statement of consent to the divorce. The registration process in this case will take place without his participation.

In addition, during the consideration of the case, the court has the right to request additional documentation.

Drawing up an application

A divorce petition is a documentary request for the dissolution of a marriage. It is submitted to the registration authority or court. In the first case, it is imperative that the request comes from both parties. In case of divorce through the court, the application of one of the spouses is sufficient.

The legislation does not establish a specific document for this, but it must contain the following mandatory information for filing a divorce through the court:

name of the instance and full name of the judge to whom the claim is filed;
plaintiff's information;
information about the defendant;
place, date, month and year of marriage registration;
date of termination of cohabitation;
description of the situation and reasons for the impossibility of further cohabitation;
requirements;
visa and date of preparation of the document;
list of attached documents.

It is recommended to discuss all the details of the divorce before filing a lawsuit with the court. If possible, it is allowed to draw up a documentary agreement on the payment of alimony and the division of property.

In case of divorce through the registration authority, the specialist issues a special form to fill out. This application contains the following mandatory information:

full information about the spouses: F, I. O., nationality, place of residence, citizenship and passport data;
series and number of marriage registration certificate;
a written request for divorce;
the surname that the spouses will have after the dissolution of the marriage;
day, month and year of circulation;
signature of both parties.

According to the law, after writing the application, the spouses have a whole month to think. During this time, they have the right to withdraw the application. If this does not happen, the marriage is dissolved and you can pick up the appropriate divorce document.

Conclusion

Quite often, people are interested in how to get a divorce. This can be done through two instances: the registering authority and the court. This requires certain conditions and requirements.

Each of the instances requires its own documentation package. The registry office breeds in a month, through the court the divorce procedure can drag on for a long time.

It all depends on the consent between the spouses, as well as the presence of common children. The court session may be adjourned repeatedly in order to request additional documentation. If there are no disagreements and disputes between the spouses, the divorce will happen quite quickly both through the court and through the registration authority.