How to get a divorce: a comprehensive guide

All about where to apply for a divorce, what documents are needed and in which cases will have to go to court.

Where to go to divorce

The end point in any divorce proceedings will be a registry office - here will register a divorce and will be given a certificate. But in some cases it is necessary to look into the court.

When to go to the registrar

In the registry office to go ifFederal Law "On Civil Status Acts" dated 11/15/1997 number 143-FZ:

1. Both spouses agree to divorce and do not have common minor children.
2. One spouse is missing, recognized incapacitated or sentenced to imprisonment for a period exceeding 3 years, and the second wants to divorce him.
3. The couple divorced in court and the judgment became final.

In the first two cases in the registry office marriage annulled, in the third - only register that fact. Officially, the family will cease to exist as soon as the court decision will comeSC Code Section 25. The time of termination of marriage at its dissolution into force. marry again it will be possible after receipt of the evidence.

When to go to court

Dissolution of marriage through the courts is mandatory ifSC Code Section 21. Divorce in court:

• The couple has minor children.
• One of the spouses does not want to divorce.
• The couple can not reach a compromise on the division of property.

The husband has no rightSC Code Section 17. Restricting the right of a man to request divorcedivorce with his wife without her consent, when she is pregnant or has given birth less than a year ago.

How to get a divorce through the registrar

How to choose the registrar

Suitable not any registry office - will have to choose the departmentFederal Law "On Civil Status Acts" dated 11/15/1997 number 143-FZ the place of registration of a spouse, or one where you have to marry.

What documents are needed to get a divorce

If you divorce by mutual consent and you do not have minor children

1. Passports of both spouses.
2. A joint statement, Which was signed by both spouses.
3. Marriage certificate.
4. Receipt of state duty payment.

Apply necessarily need both, because one application is filled. Two applications can take, but only in exceptional cases. For example, if a spouse is imprisoned.

If you want to divorce missing, incapable or convicted spouse

1. Your passport.
2. Statement.
3. Marriage certificate.
4. A copy of the court decision on the recognition of a spouse as missing, incapable or sentenced to imprisonment (a decision should come into force).
5. Receipt of payment of state fees.

If you are divorced through court and simply register a divorce

1. The passport.
2. Statement.
3. A copy of the court decision for divorce, came into force.
4. Receipt of state duty payment.

In this case, the spouses may apply to the registrar separately, but it is advisable to choose one and the same department. Personal presence is generally not necessarily - the documents can submit a representative of power of attorney issued by a notary.

How to apply for divorce

There are three ways of application:

1. Directly into the registry office

You come to the registry office documents and are applying. Specify hours of operation in a particular institution, and remember that on Monday most of the output in the registry office.

2. Through the multi-purpose center

In some regions to apply for a divorce can be through Multifunctional Center. Check the information in a particular MFC, which are going to visit. Better also make an appointment in advance to avoid waiting in line.

3. Through the website "Public services"

The setting is located in the section "Family and Children».

Next you need to select the appropriate your case grounds for divorce.

In a divorce by mutual consent statement necessarily filled at once both. After one has finished its part of the registration document, it may invite the spouse.

The application shall contain the personal information data of the marriage certificate and / or a court decision. It is also necessary to select the registrar and the visit time for issuing a certificate of divorce. Each of the applicants will need a qualified electronic signature.

Wife must specify what name she would wear after the divorce, when she changed her. You can leave the current or return maiden. The third option can not be selectedArticle 36. Maintaining or changing the names of spouses after divorce.

How much to pay

If the spouses divorce by mutual consent, or through the courts, the state fee will be 650Tax Code Section 333.26. The dimensions of the state duty for state registration of acts of civil status and other legally significant actions performed by the civil status acts and other authorized authorities rubles for each spouse. You can save 30% if you pay for it through "Public services».

When divorce registration with missing, incapable or convicted spouse state fee is 350 rubles.

How long is the divorce

If the marriage is dissolved is the registrar, the process will takeSC Code Section 19. Dissolution of marriage in civil registry offices one month from the date of submission of the application. After this period, you will need to come to the office and pick up documents.

If you are divorced in court, divorce certificate can be obtained on the same day.

How to get a divorce through the courts

Which court to choose

The court addresses one of the spouses, it acts in this case the plaintiff. Claim thus must be supplied in place of registration transponderGIC RF Article 28. Suing the residence or location of the respondent. Exception - if the plaintiff has minor children or his state of health does not allow him to travel. In this case, you can contact the nearest court.

In some cases it will be sufficient magistrate solutions. It is your option if:

• You no children or no disagreement about with whom they will live.
• Property that you can not share, estimated at less than 50 000 rubles.

In other cases, to sue the district or city court.

Claim for division of property does not necessarily apply, together with a claim for dissolution of marriage - it can be done later.

What documents are needed to get a divorce

Among the required documents:

1. The passport.
2. claim statement.
3. Certificate of registration of marriage.

Additionally, you may need, if any:

1. Receipt of payment of registration fee - a document does not necessarily apply.
2. Birth certificates of minor children.
3. Agreement that the children will be living with someone.
4. An agreement on child support payments, or a disabled spouse in need.
5. The agreement on the division of property.
6. Marriage contract.

Agreement shall be made in free form, but the documents sectionSC Code Section 38. Division of common property of spouses property and alimonySC Code Section 100. The form of alimony paying agreement it is necessary to assure a notary.

These documents will simplify the divorce process. Otherwise, it is the court will decide who will remain children, to determine the size of maintenance and so on.

How much to pay

The state duty for the claim for divorce is 600Tax Code Section 333.19. The dimensions of the state duty for cases heard by the Supreme Court, courts of general jurisdiction, Justices of the Peace rubles.

How long is the divorce

If both spouses agree to the divorce, the process will take a monthSC Code Section 23. Dissolution of marriage through the courts by mutual agreement of the spouses on divorce. If one of them against the divorce, the court can give up to threeSC Code Section 22. Divorce in court in the absence of the consent of one of the spouses on divorce months for reconciliation, then a couple will divorce.