How to Get a Divorce: A Comprehensive Guide

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Everything about where to file an application for divorce, what documents are needed and in what cases you have to go to court.

Where to go to get a divorce

The end point in any divorce proceedings will be the registry office - it is here that the divorce will be registered and the corresponding certificates will be issued. But in some cases, you will have to look into the court before that.

When to go to the registry office

You need to go to the registry office if:

1. Both spouses agree to divorce and do not have common minor children.
2. One of the spouses is missing, declared incompetent or sentenced to imprisonment for a term exceeding 3 years, and the other wants to divorce him.
3. The couple divorced the marriage through a court and the judgment came into force.

In the first two cases, the marriage was dissolved in the registry office, in the third, this fact will only be registered. The family will officially cease to exist as soon as the court decision comes into force. It will be possible to marry again after receiving the certificates.

When to go to court

Divorce through a court is mandatory if:

• The spouses have minor children.
• One of the spouses does not want to get divorced.
• The spouses cannot reach a compromise on the issue of the division of property.

A husband has no right to divorce his wife without her consent if she is pregnant or gave birth less than a year ago.

How to get a divorce through the registry office

How to choose a registry office

Not any registry office is suitable - you will have to choose the department at the place of registration of one of the spouses or the one where you got married.

What documents are needed to get a divorce

If you are divorcing by mutual consent and you have no minor children

1. Passports of both spouses.
2. Joint, in which the signatures of both spouses are.
3. Marriage certificate.
4. Receipt for payment of state duty.

Both must submit documents, since one application is filled out. Two applications can be accepted, but only in exceptional cases. For example, if one of the spouses is imprisoned.

If you want to divorce your missing, disabled or convicted spouse

1. Your passport.
2. .
3. Marriage certificate.
4. A copy of the court decision on recognizing the spouse as missing, incapacitated or sentenced to imprisonment (the decision must enter into legal force).
5. Receipt for payment of the state fee.

If you get divorced through a court and are simply filing a divorce

1. Passport.
2. .
3. A copy of the court decision on divorce, which entered into legal force.
4. Receipt for payment of state duty.

In this case, the spouses can apply to the registry office separately, but it is advisable to choose the same department. Personal presence here as a whole is not necessary - the documents can be submitted by a representative under a power of attorney drawn up by a notary.

How to apply for divorce

There are three ways to apply:

1. Directly at the registry office

You come to the registry office with the documents and submit an application. Check the opening hours in a particular institution and remember that Monday is most often a day off at the registry office.

2. Through the multifunctional center

In some regions, you can apply for divorce through. Check the information in the specific MFC where you are going to visit. It is also better to make an appointment in advance so as not to wait in line.

3. Through the website of "Gosuslugi"

The corresponding option is in the "" section.

Next, you need to choose the basis for the dissolution of the marriage that suits your case.

In case of divorce by mutual consent, the application must be filled out by both at once. After one finishes drawing up his part of the document, he can invite a spouse.

The application contains personal information, data of a marriage certificate and / or a court decision. It is also necessary to choose the registry office and the time of the visit for the issuance of a divorce certificate. Each of the applicants will need a Qualified Electronic Signature.

The wife needs to indicate what surname she will wear after the divorce, if she changed it. You can leave the current one or return the girl's. The third option cannot be selected.

How much to pay

If the spouses divorce by mutual consent or through a court, then the state duty will be 650 rubles for each of the spouses. You can save 30% if you pay for it through "Gosuslugi".

When registering a divorce with a missing, incapacitated or convicted spouse, the state duty is 350 rubles.

How long will it take to get a divorce

If the marriage is dissolved by the registry office, then the process will take one month from the date of submission of the application. After this period, you will need to come to the department and pick up the documents.

If you are divorced in court, then a divorce certificate can be obtained on the day of application.

How to get divorced through court

Which court to choose

One of the spouses applies to the court; in this case, he acts as a plaintiff. In this case, the claim must be filed at the place of registration of the defendant. An exception is if the plaintiff has minor children or his health condition does not allow him to travel. In this case, you can go to the nearest court.

In some cases, the decision of the magistrate will suffice. This is your option if:

• You have no children or disagreements about who they will live with.
• The property that you cannot divide is estimated at less than 50,000 rubles.

Otherwise, file a claim with a district or city court.

The claim for the division of property does not have to be submitted together with the claim for divorce - this can be done after.

What documents are needed to get a divorce

Among the required documents:

1. Passport.
2. Claim.
3. Marriage registration certificate.

Additionally, you may need it if you have:

1. Receipt for payment of state duty - it is not necessary to attach a document.
2. Birth certificates of minor children.
3. Agreement on who the children will live with.
4. Agreement on child support or payments to a disabled needy spouse.
5. Property division agreement.
6. Marriage contract.

Agreements are drawn up in free form, but at the same time, documents on the division of property and on alimony must be certified by a notary.

These documents will make the divorce process easier. Otherwise, it is the court that will decide who the children will stay with, determine the amount of alimony, and so on.

How much to pay

The state duty for a claim for divorce is 600 rubles.

How long will it take to get a divorce

If both spouses agree to a divorce, then the process will take a month. If one of them is against the dissolution of the marriage, the court may give up to three months for reconciliation, after which the couple will divorce.