The divorce procedure has a legal status and is regulated by the Family Code of the Russian Federation. It is carried out through the regional registry office or in the courts. Those who are facing this difficult and not very pleasant process need to know what documents are needed for a divorce. Let's take a look at the nuances of the composition of the package of necessary papers for specific cases, find out what the size of the state duty is, how the divorce procedure itself goes.
How to file for divorce
The official divorce is carried out by two state instances: the court (district, city, world) and the regional registry office. In the second institution, a divorce is formalized upon mutual desire, on the initiative of one spouse, when the second is recognized as missing or incapacitated, he is serving a sentence for a crime for more than three years. The courts consider claims from spouses who have property claims against each other or minor children, when one does not share the desire of the other half to dissolve the marriage.
If there is a child
It matters how old the children of the divorcing spouses are. Minors are one thing, children over 18 are another. In the first situation, only the court is authorized to divorce the spouses. It does not matter whether the parents came to an agreement on alimony, the "separation" of children, etc. Even if all the moments of life after the divorce are agreed, it is necessary to apply to the court of first instance or the magistrate, and which one, we will consider in more detail.
Minor
It is better for divorcing spouses with minor children to go directly to the magistrate, even if there are no factors that complicate the procedure:
- a counter or concomitant claim (for divorce, for establishing paternity, changing the child's surname, etc.);
- disagreements about the residence of children after a divorce;
- disputes over alimony;
- property claims.
When the divorce is complicated by the moments when the positions of the spouses are contradictory, a claim should be filed with the court of the city (district) in which the applicant (plaintiff) lives. To resolve all controversial issues concerning children, each of the spouses needs to stock up on supporting and refuting documents that will help in making the right decision.
Adult
When there are adult children in the family, the registry office is authorized to carry out the divorce procedure, but only subject to the mutual consent of the divorced, and they have no property claims. The application of only one party is accepted when the other spouse is recognized by the court as missing or incompetent. In other cases, all questions about divorce in the presence of adult children are decided only by the court.
What documents are needed
The set of documents required for registration of a divorce depends on the conditions and place of the procedure. The package of papers will be minimal during the administrative procedure (through the registry office), and during the trial you will have to collect a lot of additional certificates, extracts from the archive, characteristics, etc. To insure yourself against possible paperwork complications, make a detailed list of all documents and their copies.
Through the registry office
What is needed for an administrative divorce when both parties want it? Firstly, it is necessary to resolve material disputes by concluding an agreement on the division of family property, and secondly, to collect (fill in) and submit documents and their copies:
- standard statement;
- all copied passport pages;
- registration document, family composition;
- property agreement;
- marriage contract;
- original plus a copy of the certificate;
- receipt of payment of duty.
Through the court
If the husband and wife could not come to an agreement on divorce, property issues or have children under 18 years of age, a divorce petition is required in court. It is drawn up by one spouse, the second acts as a respondent. Find out what mandatory documents are needed for a divorce, perhaps on the information boards of judicial institutions or on their official websites. A typical set of required papers includes:
- Correctly drawn up statement of claim.
- Certificate of family composition, registration.
- Duty Receipts.
- Original and copy of the certificate.
- Passport with a copy.
- Documentary evidence of the weight of the reason for the divorce.
- Birth certificates of children (minors).
Unilaterally
When the presence of the second spouse is impossible for good reasons, the divorce in the registry office and the court is carried out on the initiative of only one. Then the initiator of the divorce needs to collect a package of documents:
- three copies of the application in the standard form;
- state duty receipt;
- marriage certificate plus its copy;
- certificates taken at the place of registration of both spouses;
- a document confirming the incapacity (other reasons for absence) of the second divorced.
How to apply
Divorce can be filed with a personal visit or remotely. A written or electronic application is submitted only to the regional authorities that provide this service. There is a possibility of filing a joint or individual (from a husband or wife) document in other cities. Let's take a closer look at how to file for divorce in specific cases.
IN THE REGISTRY OFFICE
Here, the application will be accepted only under certain conditions:
- Those willing to divorce do not have children (minors), contradictions in the property section. The application is drawn up on behalf of both spouses and if they have not changed their minds after a month, then they take the divorce certificate.
- One spouse is missing, incapacitated, or the applicant's husband (wife) has been serving a sentence for a crime for three years. The applicant will be stamped with a divorce right away.
In the application form, you must fill out:
- full name of the registry office;
- Name of the applicant;
- complete data on both spouses (passport, address, etc.);
- the reason for the dissolution of the marriage;
- surnames that spouses will receive after divorce;
- date of application submission;
- applicant's signature.
To court
Before you write your application for divorce, it is advisable to find out which court to apply to. In case of material disputes between the spouses (the value of the property is more than 50 thousand rubles) and the need to establish paternity - to the district (city) court. In all other cases, the application will be considered by the magistrate. This is a typical document, a sample of which is presented on the information boards of the courts. The statement of claim must include the following:
- full name of the court;
- Name of the applicant;
- complete data on both spouses (passport, address, contact, etc.);
- number and date of marriage certificate;
- the reason for the annulment of the marriage;
- information concerning children and their upbringing (content);
- list of witnesses in favor of the plaintiff;
- evidence confirming the truth of the reasons;
- list of attached documents;
- date of application submission;
- applicant's signature.
In another city
The possibility of filing a standard application to the court or the registry office remains when one of the married couple lives in another city. But there are some nuances here:
- In the absence of children under 18 years of age, property and other claims - divorce through the registry office. The application must be submitted jointly or by power of attorney, at the place of your residence or marriage registration.
- Divorce through the court at the place of residence of the defendant. If it is unknown, then at the address of its last registration or location of real estate.
- Through the court at the place of residence of the applicant. This option is possible when children under the age of 18 live with the plaintiff, or he is unable to move.
Through the Internet
Previously, there was a possibility of remote submission of an application on the official portal of State Services. Now an application via the Internet is submitted only on the websites of specialized institutions (courts, registry offices), where this function is provided. Another option is to use the services of a divorce firm and fill out an application on their website. How to do it? Necessary:
- Find a company in your region.
- Register on its official website (write personal data, passport details, phone number and insurance certificate, email).
- Complete the online sample application form.
- After checking the data, confirm your identity (electronic signature, bank card, etc.).
State duty
The tax is levied for the services of state institutions in the divorce proceedings. At the end of 2015, its size for the filed claim was:
- no mutual claims - 600 rubles;
- divorce and division of property - 600 rubles plus 4% of its value.
According to the Tax Code, the duty for an application and a certificate is:
- with mutual consent - 650 rubles from husband and wife;
- in case of divorce by court order - 650 rubles from each;
- with recognition of loss, incapacity or due to imprisonment of one spouse - 350 rubles.
Last year, the media excited the population with information about an increase in the state fee for divorce to 30 thousand rubles. This cost was envisaged in a new bill that was not passed. Therefore, until changes are made to the Tax Code of the Russian Federation, the amount of the divorce fee remains the same. Disabled plaintiffs are exempted from its payment. Upon divorce, you will not have to pay money for applications and claims:
- about alimony;
- protecting the rights of the child;
- challenging court decisions.
Divorce procedure
The fastest divorce procedure is through the registry office by mutual agreement. After a second visit, the spouses become legally free and independent from each other. Couples quickly divorce when one spouse has been serving a sentence for more than three years, has disappeared or is incapacitated. In other cases, legal proceedings last longer, are regulated by article 18 of the Family Code, and take place in several stages:
- collection of documents;
- filing a statement of claim;
- holding a court session or several;
- delivery of a court decision;
- obtaining a divorce certificate.
The divorce procedure does not always end in a positive way; often the court refuses to dissolve the marriage. For example, without a woman's desire to get divorced, the husband's claim will not be satisfied if the wife is pregnant or the family has a child under one year old. Other moments and nuances of a particular situation cannot become a reason for refusal, but they will easily serve as an excuse for setting a term for reconciliation of spouses.
Divorce video
Do you want to learn firsthand about the criteria for delineating the jurisdiction of divorce proceedings. Watch an interview with a lawyer who specializes in these matters. Find out what documents you need to provide for a divorce, which copies must be certified, and what the judge has the right to additionally request. Listen to the opinion of the practitioner about the features and differences of the processes through the registry office and the court, about the necessary actions of the plaintiff and the defendant.