Divorce in registry office

Contents

• How is a divorce through the registry office
• What you need for a divorce through a registry office?
• Dates - how long will the procedure take?
• Getting a divorce certificate from the registry office

Statistics show: over the past few years, the number of couples wishing to divorce has been growing in Russia. This is a global trend, although marriages break up a little less in the United States and other countries. 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.

How is a divorce through the registry office

It is possible to make a break in marriage relations in the state registration authority (registry office) only when these relations were registered there in accordance with the current legislation. This means that other types of marriage - civil, church - are not dissolved in the registry office. The procedure begins with the submission of applications. For this, the spouses need to come together to the registry office and inform the staff of the institution about their intentions. The application for divorce in the registry office is filed at the place of residence of one of the spouses or state registration of marriage.

A husband whose wife gave birth to a child less than a year ago or is only bearing it is not entitled to file for divorce without her permission. If the spouses have common children, whose age does not exceed 16 years - will have to get divorced through the courts. Also, the court will have to apply in cases if only one spouse wishes to terminate the relationship, and the other objects or refuses to divorce. The court will decide on a divorce in a special order on the application of only one party, but this will require extra time and nerves.

If there are court decisions, registry office workers will begin the process of divorce at the request of only one spouse, and those who do not belong to the above categories. If the spouse is doing military service, is seriously ill, is seconded (is on a long voyage on a ship), and is not able to submit an application in person, his absence is allowed. He fills out the application in a special form and notarizes his signature on it. In addition to the application, you need to submit a few more documents.

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, do not contribute to the reconciliation of the parties. The law provides for the possibility of reconciliation: for this, the wife and husband have exactly one month. Sometimes during this time, the husband and wife reconcile and maintain a marriage relationship. If their decision remains unchanged, there are no more barriers to finally getting a divorce.

What you need for a divorce through a registry office?

To begin the process of breaking the marital relationship through the registry office, the personal presence of the wife and husband is necessary. It is also possible to submit an electronic version of the application through a single portal of state and municipal services. To do this, fill in all the fields and load scans of documents. If the spouses wish to personally submit an application to the registry office, it is necessary to present the documents (their list below), as well as a receipt on the payment of the fee. If only one party wants to break up the marriage, before applying to the registry office, a court decision is required that the other spouse:

1. Incapable. A copy of the court decision on the recognition of the second spouse as legally incompetent is attached to the application.
2. Serves a sentence of more than 3 years. A copy of the court verdict that has entered into force is submitted to the documents.
3. Missing unknown. A copy of the court decision on recognition of the second spouse as missing is submitted to the documents.

List of documents for divorce

1. 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.
2. A statement in form No. 8 on a divorce with signatures of both parties or a statement with a signature notarized.
3. A receipt from a financial institution stating that the fee has been paid in full.
4. A document from the court giving the right to divorce in a special (unilateral) order.

Payment of state duty 2014 - how much is a divorce

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

Divorce Application - Form Form

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

1. Full Name.
2. Date, month, year of birth.
3. Place of Birth.
4. Citizenship.
5. Nationality upon request.
6. Information about the place of residence.
7. Details of the marriage act.
8. Passport data.
9. Surnames that ex-wife and husband want to receive.
10. Date and Signatures of the Parties.

Form No. 9 is drawn up if only one party files for a divorce, and she has a court decision that the second spouse was sentenced to a term of more than three years, incompetent, and disappeared. A copy of this decision must be attached to the application, otherwise the registry office staff will not accept it for consideration. When filling out the form form No. 9 is indicated:

1. Surname, name, patronymic of the person who filed for divorce.
2. Surname, name, patronymic of the person with whom the relationship is terminated.
3. Data husband and wife in graphs «he» and «it».
4. Ground for divorce - court decision or sentence of imprisonment.
5. Information about the document that certifies the identity of the person involved in the application.
6. Details of the marriage act.
7. Last name the spouse wants to receive.
8. Name of the correctional institution / details of the person managing the property of the missing or legally incompetent spouse.
9. Applicant Date and Signature.

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

1. Surname, name, patronymic of the submitter / applicants.
2. Name of the trial court.
3. Date of the hearing.
4. Full Name.
5. Date, month, year of birth.
6. Place of Birth.
7. Citizenship.
8. Nationality upon request.
9. Information about the place of residence.
10. Details of the marriage act.
11. Passport data.
12. Surnames that ex-wife and husband want to get after marriage break.
13. Date and Signatures of the Parties.

Dates - how long will the procedure take?

A month should pass from the moment of filling out the application form in the registry office, this term cannot be reduced or increased. For valid reasons, postponement of the date to late dates is allowed. If people who decide to divorce do not have common minor children and mutual claims, the divorce proceeds as quickly as possible. The process lasts about one month. Spouses will see each other only for a few minutes - at the time of filing the application and on the day of receipt of the divorce certificate.

If the case will need to be decided through the court, a condition for termination of marital relations will be a court decision. According to the legislation, the court will not begin consideration of the case before a month from the date of filing the application. This term cannot be shortened. After a positive decision is made, court employees must send a statement of their decision to the registry office no later than 72 hours.

Getting a divorce certificate from the registry office

A month after the application is submitted, you must come to the institution and pick up the certificate. Only the ex-spouses can personally receive a certificate (certificate) on the termination of marriage: they cannot be done through representatives. Spouses are divorced from the moment a record of this 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.