Is it possible to get a divorce in any registry office? Official divorce: legal term. Is it possible to instantly dissolve a marriage with a child?

Many Russian families find themselves in a situation where a marriage, for certain reasons, must be dissolved. The divorce procedure has a certain cost (state duty) and requires documentation, which uses certain conditions and rules (read about the state fee for registering a marriage).

For many divorce proceedings is not only a moral test, but also a problem associated with collecting necessary papers and compliance with many conditions for registration in the shortest possible time. That is why, before making a decision to divorce, it is necessary to know the procedure for registering and conducting this procedure and its basic conditions and rules.

Divorce through the registry office how to apply

The divorce procedure through the registry office is the most in a simple way, which does not require registration large quantity time. However, it is possible to dissolve a marriage in this way only by fulfilling certain rules and conditions. What you need to file for divorce:

• Consent to dissolution of marriage must be given by both spouses;
• The family should not have common minor children and common material assets of large value (or the property has already been divided in advance).

If these conditions are met, then the marriage can be dissolved through the registry office; the cost of this procedure will not hit your pocket, and its registration will be as fast as possible. Each spouse should know what is needed to file for divorce and what documents need to be collected.

Documents for divorce through the registry office

The procedure for divorce through the registry office involves the preparation of certain documents, in the absence of which the process cannot be carried out. If the couple decides to officially end the relationship, the spouses must provide the following documents:

• Original passports of both family members (you can find out what the fine is for losing a passport in 2018 in Russia);
• Original marriage certificate;
• Application completed in accordance with necessary rules;
• , which indicates that a certain amount of state duty has been paid.

If all the listed documents are submitted on time, for short term the marriage will be dissolved.

Divorce without the consent of one of the spouses through the registry office

In order for the divorce procedure to be carried out through the registry office, certain rules must be observed, one of which is the consent of both family members to divorce. However, there are some nuances in which divorce can be carried out in unilaterally, that is, the consent and presence of the second spouse is not required.

This is possible if someone married couple is in prison for a long time listed as missing or officially declared dead. The cost of divorce (state fee) under these circumstances will not differ from the standard one, as will the conditions for registration.

Divorce without children and property

The divorce process, if the couple does not have children and joint property has not yet been acquired, proceeds quickly, and to carry it out you just need to collect all the necessary documents and write an application. In this case, the application requires a certain procedure for filling out: it is necessary to indicate the passport details and place of residence of the wife and husband, as well as provide all the required information about the marriage.

Divorce by mutual consent through the registry office without children

If both spouses consent to divorce (the married couple does not have children under the age of majority), but there is jointly purchased housing or other items of high value. Jointly acquired property significantly complicates the procedure for registering a divorce.

In this situation, the divorce process can be successfully carried out if the couple decides in advance how the property will be divided and which of them will pay the loans, if any. However, if the spouse does not agree to the division of property, the rules state that the divorce process should be carried out. In this case, the procedure lasts much longer, and its cost (state fee) and the registration procedure differ significantly from the standard one.

How to get a divorce through the registry office with a minor child

General minor child significantly complicates the divorce process. If it exists, divorce is possible only with the help of the judiciary - the registry office is powerless here.

However, there are conditions under which the procedure for registering a divorce procedure can be one-sided - death, detention or disappearance of the second participant in the procedure. In this case, the standard rules do not work, and the remaining spouse, having collected the necessary documents, gets what he wants.

Cost of state duty for divorce in 2018 through the registry office

The divorce process provides for the fact that a state fee must be paid in a certain amount. The cost of this procedure is low. It has always been 650 rubles, and in 2018 this amount will not be indexed.

How long does a divorce through the registry office take?

Divorce through the registry office, due to its simplicity, takes a fairly short period of time, however, in order for this procedure to be carried out as quickly as possible, the following conditions and rules must be met:

• Both people give consent to divorce;
• The full cost of the procedure (state fee) has been paid;
• All necessary documents have been collected and provided;
• Jointly acquired property of high value is divided without court (or it simply does not exist);
• The family has no young children.

Properly fulfilled conditions and rules guarantee that the paperwork process will not take much time, and the divorce process will be completed within a month.

Absolutely all young couples, when starting a family, are sure that their living together It will be a long and happy life that they will be able to overcome all the difficulties together on the path to a bright future, however, anything can happen in life. According to statistics, about 18% of marriages are divorced within the first three years after the wedding. If the divorce occurs in a family in which there are no children under the age of majority, and the spouses do not have property claims against each other, the easiest way is to file a divorce through the registry office.

Conditions for registering a divorce in the registry office

Not all marriages can be dissolved in the registry office; this procedure requires certain conditions.

One of the main conditions for divorce in the registry office is the mutual decision of the spouses on this issue, expressed in their joint application submitted to the civil registry office at the place of their registration. If both spouses have expressed a desire to separate, this option will be more optimal for them, since they will be able to avoid disputes, lawsuits, litigation, mutual accusations and claims. In this case, ex-husband and the wife can save a good relationship and part in a civilized manner, without scandals and bringing personal problems to public discussion.

The condition of mutual consent for divorce has remained in family law since Soviet times, when the system was set up to preserve families. There is a clear discrepancy here: of course, divorce cannot be called a positive event, but if one of the spouses wants to dissolve family ties, then nothing can be done, no matter how much effort is made. And yet, traditionally, the registry office considers this issue only with the full consent of the spouses; any disagreements are fraught with going to court.

One more an important condition To obtain a divorce, the spouses do not have children together who have not reached the age of majority at the time of the divorce. Some clarification is required here. A child does not always come of age when he or she reaches 18 years of age. The Civil Code of the Russian Federation establishes an emancipation procedure, after going through which a child acquires full legal capacity, if there are sufficient resources for this. the necessary conditions. For example, there are cases when a 16-year-old child works in accordance with an employment contract or is engaged in entrepreneurial activity, such a teenager can be recognized as emancipated. IN similar cases spouses can file for divorce by contacting the registry office, since in this case the child is not recognized as a minor.

The issue of common children also has its own nuances. For example, if a husband and wife have one child each previous marriages, they did not have children together, and adoptions were not formalized; in case of divorce, they should also contact the registry office.

If a child is adopted by one of the spouses, divorce through the registry office becomes impossible; this issue is resolved exclusively in court, as in the case if the child is adopted by both spouses.

Registration of a divorce does not depend on how many minor children there are in the family, since even one child is a serious obstacle to divorce in the registry office.

Features of the divorce procedure

The procedure for divorce by spouses who do not have minor children by mutual consent is quite simple; you just need to know how to get a divorce through the registry office.
According to the established procedure, the divorce procedure begins with filing joint statement, which will confirm the mutual consent of the spouses, and lasts no more than 30 days. The application is filled out on a ready-made form, which is issued by the registry office employees, so there should not be any difficulties in completing it. It contains standard data:

• last names, first names and patronymics of spouses;
• when and where they were born;
• citizenship;
• the column where nationality is indicated can be filled in if desired;
• location;
• a passport is indicated as an identification document and all its details are written down from the series and number to the date and place of issue;
• Below is the date of marriage and the number of the registration certificate;
• on the application form, the spouses indicate what surname they will take after the divorce;
• The application is certified by the personal signatures of the spouses, and the date of completion must also be indicated.

Attached to the application are copies of the husband and wife’s passports, the original marriage registration certificate, as well as a receipt indicating that citizens have paid the state duty required by law. About. You can find out how much state fees you need to pay from the registry office employees or at the information stand of a bank branch.

Indication of the reasons why the spouses want to divorce is not provided, which greatly simplifies the process of writing an application.

The application can be submitted either in person or online, but the spouses must do so jointly. The ability to submit an application online greatly simplifies the process and eliminates the need to personally visit the registry office, which saves time and minimizes contact with the bureaucratic machine. However, even if the documents are sent via the Internet, this does not eliminate the need to attend the divorce procedure. The timing of the procedure does not depend on the method of submitting documents, so many people prefer to use the Internet.

Sometimes it happens that one of the spouses cannot be present when submitting the application, then he should submit it separately, having first certified his signature by a notary. If one of the spouses is in prison, the head of the correctional institution has the right to certify his signature.
How long should I wait for a divorce? The period for registering a divorce is 30 days from the moment the husband and wife filed the application. A prerequisite for a divorce to take place is the presence of at least one of the spouses.

The procedure for divorce in the registry office is more simplified compared to divorce in court and takes much less time.

After the expiration of the period prescribed for the procedure, ex-spouses A corresponding document is issued, and a note is placed in the passport stating that the marriage is dissolved. If a change of surname occurs upon divorce, the passport must be exchanged within one month; violation of this period entails a fine.

Despite the fact that most marriages are concluded mutual love, the figures from statistical reports on divorces do not inspire much optimism. This happens as a result of many reasons. In addition, more and more young people prefer this form cohabitation like a civil marriage.

The legislation provides citizens of the Russian Federation with the opportunity to officially register their relationships in a special body - the registry office. The same institution allows you to terminate marital relations between two people. To do this, you just need to collect the required package of documents and pay the state fee.

General points

Today, you can file for divorce in two ways:

1. Through the courts - world and district.
2. Through the registry office.

You must contact the court if there are any controversial issue between spouses. They may concern children or jointly acquired property.

If spouses wishing to divorce were able to find a compromise, then the divorce can be filed as quickly as possible. This requires minimal amount documents.

Anyone who has decided to end their marriage should consider the following questions:

• what it is;
• conditions for receiving.

What it is

The concept of divorce should be understood as a change in civil status individual. Moreover, this action is legally important. Divorce should not be confused with declaring it invalid.

Since the second term denotes cancellation marital relations unilaterally if the following reasons exist:

1. Spouse.
2. The husband is recognized.
3. The husband has been in prison for more than three years.

In this case, documentary evidence of the above facts is necessary to annul the marriage. It should be remembered that if one of the spouses is declared insane, then he necessarily needs a guardian.

An institution called the Civil Registry Office is a department that records civil status. At the same time, it carries out both registration and dissolution of a marriage concluded on a completely legal basis.

Conditions for receiving

It’s easy enough to figure out how to quickly file a divorce through the registry office. The price of this process may vary and depends on many factors. This amount represents the state fee paid.

The marriage itself can be dissolved at any time, regardless of the wishes of the second spouse. This point is indicated in the Family Code Russian Federation.

But there are exceptions. Divorce cannot be carried out without the consent of the spouse in the following cases:

• If common child not yet 1 year old;
• if the woman is in .

In the cases indicated above, the divorce must be signed simultaneously by both the husband and wife. Otherwise, the spouse will be denied divorce.

A prerequisite for obtaining a divorce is the presence of the entire list necessary documents, as well as a correctly drawn up application.

If at least one document is missing, divorce will also be denied. A similar situation arises if there are any errors made when drawing up the application itself.

That is why you should be sure to familiarize yourself with a sample of the correct document in advance.

Video: how to file a divorce at the registry office

Quick divorce through the registry office

Divorce in the registry office can be carried out with minimal time.

But it is very important to remember some nuances that relate to:

1. Basic requirements.
2. Required documents.

Primary requirements

Not always can a divorce be carried out through the civil registry department.

Such an operation is possible only if the following requirements are met:

• if both spouses have found a compromise and the decision to divorce was made by them mutually;
• if one of the spouses submitted to the registry office along with the application the following documents - on declaring the spouse missing, on convicting the spouse for a term of more than 3 years, on declaring the spouse incompetent.

Wherein important factor is the absence of minor children. Otherwise, the divorce process can only be carried out through a magistrates or district court.

Contacting this authority is required only if the issue is being considered.

Required documents

To figure out how to quickly file a divorce through the registry office (application from one spouse or two), you need to familiarize yourself with the Family Code of the Russian Federation, as well as federal legislation.

Moreover, you should study the question regarding the documents provided as carefully as possible. Since their list differs depending on the presence or absence of the consent of the second spouse.

If both spouses submit an application at the same time, the following documents will be required:

1. A properly completed application for divorce.
2. Marriage certificate.
3. Identification document – ​​passport of a citizen of the Russian Federation or another.
4. on payment of the corresponding state duty.

There is one important nuance– payment of the fee must be made by each spouse separately.

The application for divorce must contain the following points:

• personal data of both spouses - last name, first name and patronymic;
• date of birth;
• place of permanent registration;
• citizenship;
• nationality - optional;
• detailed details of the document confirming the fact of marriage;
• surnames that spouses will take after marriage;
• details of identification documents - passports;
• signatures of both spouses;
• date of application.

There is an important nuance regarding the date of preparation indicated in the application. If for some reason it does not coincide with the day of application to the registry office, then employees can simply refuse to accept documents on this basis.

Since a date discrepancy is considered a gross error. The application itself must mandatory drawn up in form No. 8 - intended for both spouses.

If for some reason the application is submitted by only one of the spouses, then this document must display the following data:

1. Last name, first name and patronymic of the individual submitting the application.
2. Citizenship.
3. Nationality is optional.
4. Legal basis for the process of divorce (missing person, imprisonment, incapacity).
5. Details of the marriage registration certificate.
6. Last name of the person filing the application after the divorce.
7. Passport details.
8. Signature and date.

If the divorce is carried out on the basis of the incapacity of the second spouse, then in the application to the registry office it is necessary to indicate the place of residence of the guardian or property manager - if there is confirmation of untimely absence.

When the application is accepted, the registry office is obliged to notify the second spouse about the divorce process within 3 days - this also applies to prison inmates.

If there is a certificate of incapacity, then the guardian must be notified of this legally important action.

In this case, either the second spouse himself or his guardian is required to indicate in the registry office the surname that will be assigned after the divorce.

The termination process itself can only be carried out in the presence of one of the spouses. It is important to remember that, regardless of the circumstances, both spouses or one of them must wait 30 days from the date of filing the application.

This period is indicated in the current edition of the Seed Code of the Russian Federation. The reason for this is that divorce is unprofitable for the state itself.

After the expiration of the 30-day period, the marriage can be dissolved at any time in the presence of at least one of the spouses.

FAQ

Despite the fact that the divorce process is carried out quite quickly and simply, sometimes various kinds of questions arise.

The most important ones include the following:

1. How much is the state fee?

Is it possible to instantly dissolve a marriage with a child?

One of the most frequently troubling issues for spouses is divorce when they have children together. This is only possible when they have reached adulthood.

In all other cases, the divorce process will be protracted, especially if there is common expensive property.

It is also permissible to unilaterally dissolve a marriage, even if there are children, if the spouse:

1. Incapacitated.
2. Missing.
3. He is in prison.

This moment is regulated. In this case, it is allowed to resolve the issue of divorce directly in the registry office.

In the presence of minor children and the absence of the precedents outlined above, a quick divorce is simply impossible. Moreover, it can only be carried out in court.

The situation is special when the young mother is under 18 years of age. In this case, unilateral divorce is impossible.

To implement this process, it is necessary to find guardians who agree to take charge of the mother and child. Most often they are parents. In their absence, divorce is simply impossible.

How much is the state fee?

Duty means payment of any legal important actions committed due to citizens’ appeals to government agencies.

Divorce or invalidation of a marriage also requires payment of a state fee.

The value depends on various important factors:

These prices are valid for 2019. State duties are indexed annually.

The legislative framework

The main legislative framework is Chapter No. 4 Family Code Russian Federation.

It includes:

You should also pay maximum attention to federal legislation.

Instant divorce through the registry office is simply impossible, which is why you should be patient. You should be especially careful in collecting all the necessary documents.

This will avoid wasting time - if there are errors, the registry office employees refuse to accept the application.

Sometimes even the most strong families and couples not only have to go through a mental crisis, but also collect documents for divorce. Registration of a divorce is possible through two authorities: the court and the registry office. Registration through the registry office is considered as simple as possible, in contrast to multi-day litigation, which can end in a completely unpredictable result.

However Not all couples can get a divorce through the registry office. In what cases should you go there and what documents should you have with you?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Divorce through the registry office is much simpler and easier than dissolving a union in court. The fact is that the couple does not have to make their quarrels public by telling strangers about personal problems.

In addition, in the application submitted to the registry office, even no need to indicate the reason for dissolution of the union. The procedure is convenient largely due to the fact that it lasts on average a month, while litigation can last for a year.

The union can be dissolved without litigation only if several conditions are met:

1. Family without minor children.
2. The decision was made by mutual consent.
3. There are no spouses controversial issues, with regards to financial resources.

The most important condition is mutual agreement . If the spouses have come to the conclusion that the marriage no longer brings them pleasure, they have the right to dissolve it using a simplified procedure through the registry office.

If one of the spouses does not agree with the dissolution of the marriage and does not want to part with family ties, the issue can only be resolved.

Also, if a couple has a common child who has not yet reached the age of 18, the process of dissolving the union becomes noticeably more complicated. In this case, the couple should immediately go to court, since they will have to resolve the difficult issue of custody of the baby.

Read about divorce through the court if you have children. Also useful information you will find in the article in this situation.

There are several situations in which it is possible to terminate marriage ties through the registry office even if there is common child. For example, if the child is over 18 years old, his parents have the right to go to the registry office rather than to court. If the child is not common, then the procedure is also noticeably simplified.

There is another difficult case, indicated in Civil Code, in which a marriage can be dissolved without going to court even if there is common baby. It's about about child emancipation.

The fact is that the Civil Code states that if a citizen who has reached the age of 16 wants to obtain full legal capacity as an adult, he has the right to apply to the appropriate authorities.

If a child has undergone a documented emancipation procedure, it means he is considered an adult, and his parents have the right to file a divorce through the registry office.

Conditions of emancipation minor child may become entrepreneurial activity or work on a properly formalized employment contract. Since such a citizen, despite his age, has full civil rights, the divorce process for parents is noticeably easier.

Divorce procedure

Procedure and deadlines

After submitting and considering the application, the registry office makes a decision. How long does it take? The decision on divorce can take up to thirty days(those are the rules).

It seems that such a procedure is elementary simple, but it is not so. In fact, there are several important aspects which must be observed.

So, for example, if you don’t know which registry office to file for divorce, the answer is: dissolution of the union is possible only at the place of registration or in the registry office where the marriage was concluded.

When submitting an application Both spouses must be present. If this is not possible, then the husband and wife should submit separate applications. The signature of the spouse who is absent when submitting the document must be notarized.

If only one family member submits documents, and the application of the other is not notarized, it is not considered valid.

It is very important that at least one spouse is present during the divorce procedure itself, otherwise the union will remain in force.

While the registry office is considering the application submitted by the spouses, they can document the partition process joint property . To do this, you should contact a lawyer or make the division yourself, strictly recording all the points in.

Sometimes couples have to resort to the services of an appraiser to find out the approximate value of their property and divide it equally.

How much does a divorce without trial cost?

As in the case of replacing a passport or issuing a new document, in order to dissolve a marriage, you must pay a fee. In 2015, the fee was significantly increased to 1000 rubles. Previously, this amount was 400 rubles.

Each spouse must pay the fee by providing receipts to the registry office indicating the fulfillment of the obligation.

In the event that one of the spouses is incapacitated or is in prison, serving a sentence of more than three years, the costs fall on only one family member. He is required to pay a state fee of 200 rubles.

If one of the parties cannot be present when submitting an application to the registry office, the list of expenses increases slightly. In particular, this spouse needs to have the application itself notarized, for which he will have to pay (approximately 100-200 rubles).

If the spouses cannot agree on the division of jointly acquired property, the process of divorce will become noticeably more complicated. In this case, they need to apply to the court and pay a fee of 400 rubles for each.

The issue of increasing the amount of state fees for divorce is now widely discussed. Experts believe that this can reduce the increasing dynamics of divorces.

There were rumors that they wanted to increase the duty to several thousand rubles, since this would help to significantly reduce the percentage of divorced marriages. However, such an increase in duties may affect civil rights spouses.

Of course, the process of divorce is stressful not only because of the collection and submission of documents, but also because of the fact that the family is breaking up. You should go to the registry office only if if the couple is completely confident in their decision.

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