How and where to file for divorce?

Divorce in Moscow in 2022: the order, application, addresses

What documents are required for the dissolution of marriage in Moscow, addresses Registry Offices, MFC and district courts, the application form for divorce for download, the amount of state duty in 2022, sending documents online, the terms of the certificate when submitting an application through different instances.

Dear Muscovites! Our instructions tell about the typical ways to solve this problem, but each case is unique.
If you want to know how to solve your problem – call 8 (800) 301-76-28 (Moscow) Legal advice – fast and free!

Documents

List of documents for the registry office

The dissolution of marriage is registered in the Registry Office after the submission of the following documents:

  • application for divorce;
  • passports of the spouses;
  • receipt of payment of state duty;
  • marriage certificate;
  • Extract from the decision of the court, if one of the spouses declared incapacitated, missing or convicted for more than 3 years.

List of documents for divorce in court

For a court-ordered divorce, it is necessary to prepare an expanded package of documents:

  • A petition for divorce in 3 copies;
  • The claim for alimony (if there is no agreement on them);
  • passports of the spouses (or one of them in case of unilateral application)
  • receipt of payment of state duty;
  • marriage certificate; ; all members of the family;
  • agreement on children; (if any);
  • agreement on division of property (if any);
  • written consent to divorce of one of the spouses (if necessary);
  • A list of property (if its division is done through the court);
  • Certificates of income and characteristics from work (in the case of a dispute about the place of residence of children);
  • Documents indicating that there are compelling reasons for divorce (hospital certificates of beatings, testimony of third parties, etc.).

Divorce proceedings in the presence of minor children

If spouses have underage children or property disputes, divorce must take place in court.

Official comment of the Ministry of Justice of the Russian Federation

  1. Dissolution of marriage is carried out in court if the spouses have common minor children, except in the cases stipulated by clause 2 of article 19 of the Family code of the Russian Federation, or in the absence of the consent of one of the spouses to divorce.
  2. Dissolution of marriage is carried out in court also in cases where one of the spouses, in spite of the absence of his objections, refuses to divorce at the authority of the civil status acts, including refusal to submit an application.

State fee

After reviewing the documents, an employee of the registry office gives receipts for payment of the state duty to both spouses. Payment is made in any bank or through a terminal in the building of the registering body.

If a divorce is issued at the request of one of the spouses in cases where the other spouse has been declared missing, incapacitated or imprisoned for more than 3 years, the state duty is charged only to the applicant in the amount of 350 rubles.

If divorce takes place in court, the documents must be submitted immediately to the court and the court fee must be paid in the amount of 600 rubles. Payment details may be obtained from the court or can be found on the relevant portal http://msudrf.ru.

Addresses

To submit an application for termination of marriage by mutual consent and absence of common minor children you may submit at Registry Office according to the place of registration of spouses (or any of them), at the place of registration of marriage, through MFC or Gosuslugi portal.

Addresses of Registry Offices

Addresses of MFC

If there are children under the age of 18 years, or in the case of disagreement with the divorce of one of the spouses, the dissolution of the marriage takes place through the magistrates’ court. With claims for division of property worth more than 50 thousand rubles – through the district court.

Submitting an application through the Gosuslugi portal

Muscovites may submit an application for divorce to the Civil Registry Office at their place of residence or at the place of registration of marriage through the Gosuslug portal. The spouses should fill it separately – each in his or her personal account.

In case of electronic filling in the application for divorce the state duty may be paid with 30% discount. This will cost 455 rubles per spouse.

Deadlines

If you apply for divorce through the Civil Registry Office the marriage is considered dissolved from the moment the appropriate entry is made in the Registry Book, through the court – from the date of entry into force of its decision.

Certificate of dissolution of marriage is issued to each spouse 1 month after filing an application for divorce through the Registry Office.

If the divorce is obtained through court, the former spouses will receive an extract of the decision of the court one month after the court session. With this extract you can obtain a certificate of divorce from the Registry Office on the day of application.

In the case of divorce proceedings in court, the period of divorce proceedings may be extended up to 3 months. They are granted for reconciliation, if one of the parties wishes.

Restrictions

A man may file for divorce while his wife is pregnant and for 1 year after the birth of a child only with the consent of the wife.

Husband does not give consent to divorce, took away the marriage certificate. What to do?

As in your case, one of the spouses does not give consent to the divorce, the dissolution of the marriage takes place through the courts. First, you need to get a duplicate of the certificate of marriage in the registry office.

I am pregnant out of wedlock. The father of the unborn child is officially married to a woman he does not live with (we live together), we both agree to the divorce. Is it possible in this case to speed up the divorce process so that we formalize our relationship as soon as possible?

It is possible to reduce the term of consideration of a divorce petition only in exceptional cases. Pregnancy is such an exceptional case. Before you begin the divorce process, you must obtain a certificate of pregnancy.

Can I get a divorce if I have a prenuptial agreement?

Divorce is not subject to the existence of a prenuptial agreement. A prenuptial agreement is drawn up before the marriage to protect the property of the spouses acquired before the marriage. If your spouse does not agree to the divorce, go to court to file a petition. You will be given three months to reconcile, at the end of which time the marriage will be dissolved, even if one of the spouses still refuses to divorce.

I am going to divorce my husband. I have a minor child who lives with me, but is officially registered at my husband’s apartment. Who will the baby end up staying with?

If there is a dispute between the parents about the child’s place of residence, the issue is resolved in court.

The main factors affecting the court’s decision are:

  • The child’s opinion about which parent he or she wants to stay with after the divorce
  • the desire of the parents themselves to raise the child
  • the physical and mental health of the parents
  • financial capacity of the parents

I want to teach my husband a lesson – I will file for divorce. Can I revoke it later, or is there no way to reverse it?

You can withdraw your claim for divorce. Just write a free-form statement that you have changed your mind to divorce.

I am married to a Russian citizen. There is a minor child together. I am not a citizen of the Russian Federation. If my husband and I divorce, can I apply for citizenship by the simplified procedure?

The simplified procedure for acquiring Russian citizenship is provided for people who are married to Russian citizens. Divorce automatically deprives you of this right.

After we married, we bought an apartment with my husband with a mortgage. Who is obliged to pay it off after the divorce?

The property acquired during marriage is considered joint property of spouses in equal shares (Article 34 of the Russian Federation Family Code, Article 256 of the Russian Federation Civil Code). Mortgage property is considered jointly acquired property and is subject to equal division (law “On mortgage”, chapter 7 of the Russian Federation Family Code).

How to prove in court that the marriage was fictitious?

According to Article 27 of the Family Code of the Russian Federation, a marriage can be declared invalid if you can prove that:

  • The marriage was concluded without the intention of creating a family
  • There is a mercenary motive with the purpose of reaching some benefit

What about pets. Who will the dog stay with after the divorce?

According to Article 137 of the Civil Code of the RF, pets are recognized as property. If the dog is acquired after you got married, then it is considered to be jointly acquired property. The division of such property may be done voluntarily or by court order. If your husband/wife doesn’t mind you keeping the dog after your divorce, you should pay him or her half of the value of the dog. Don’t forget to have the payment notarized.

Can’t find an answer to your question? Find out how to solve your problem – call now and get legal advice: 8 (800) 301-76-28 (Moscow) It’s fast and free!

Maxim is the first expert of our project. He has been advising our readers on family law matters for many years. Maxim is a lawyer by education – every day he helps people in matters of family law (divorce, paternity, alimony). Maksim’s main specialization is the issues of dividing inheritance and solving disputes between all the heirs.

Attention! If you still have questions on this article, you can get legal advice.

How to file for divorce in 2022

Once a divorce petition has been drafted, you need to decide where best to file it. From this article, you will learn what features and innovations have been made in 2022.

The procedure for divorce in the registry office

If you are standing on the threshold of divorce, you are visited by many different questions. At the first stage, you need to decide whether you are going to apply to the registry office or to the court.

Here everything is simple enough. You need to go to the registry office, if there are no children under 18 years and disputes about the divorce. Don’t forget to draw up a statement beforehand.

Example 1: Svetlana and Sergey have been married for only one year. They did not have any children together, nor did they have time to acquire property. The easiest and fastest option for them to divorce is to submit an application to the registry office.

When all the documents are ready, it’s time to determine which registry office to apply to.

The best option is to go to the registry office where you registered your marriage. They already have all the documents about your couple there, so there won’t be any problems.

Now let’s imagine that one or both spouses have moved to another city. In this case, you should apply to the registry office in your place of residence.

In 2022, you can apply for a divorce in the registry office, if there are no children or disputes over property. In all other cases, you must write a statement to the magistrate’s court at the place of residence of the defendant. Attach to the application: a copy of your passport, a copy of the marriage certificate and a receipt of payment of state duty. If the divorce will be in the registry office, then each spouse must pay 650 rubles. If a statement of claim is filed in a magistrate’s court, then the plaintiff pays a state duty of 600 rubles.

The period of consideration of your application at the registry office will be only 30 days. During this time, you can change your mind and take back your documents. If after 30 days you are also full of determination, come to the registry office and get a certificate of dissolution of marriage.

If you live in Moscow, use the Moscow registry office website to find out the address of the right registry office.

Calculator of state fee for dissolution of marriage:
Do you have common children under 18 years old? Yes, there are children No children
There are disputes on division of property? Yes No
Both spouses agree to divorce? Yes, both No
Is the other spouse legally incompetent or missing? Yes No
Where will you pay the fee? In a bank. Through the State Service

Dissolution of marriage in court without a husband or wife

Let’s look at the more severe case where the divorce process will go through the courts. There are several cases:

  1. If you have children under the age of 18.
  2. The same applies to couples where there are disputes about the division of property.
  3. If one of the spouses does not want a divorce at all.

Example 2: Oleg and Anna have been married for 14 years, during this time they have bought an apartment that needs to be divided. They also have a daughter who is now 8 years old. In this situation, the spouses can divorce only through the court. To do this, you need to draw up a statement of claim and send it to the district court.

The main task of the court will be to determine the rights of your children. You will need to confirm who the child will stay with. You will also have to decide the issue of visitation time for the second spouse. The court will have to decide on the division of property.

The court will have to specify depending on where the defendant (the second spouse) is registered. Although there is an exception here, too. If you have a child or suffer from a serious illness, the documents can be filed at your place of residence.

At this point, you have decided what to do, but the question remains, in what exactly the court to take the claim.

A sample of the application for dissolution of marriage, which is filed through the court, you can see below.

If there are no children, you can go to the magistrate’s court. In the magistrate’s court you can apply even with the children, if there are no disagreements on the issues of alimony and a place of residence of children. In other cases, you have to go to the district court.

Make sure you pay the state duty before you bring the documents. In 2022, it is 600 rubles, which must be paid by the plaintiff, otherwise the application will not be accepted in the office of the court. After that you can personally bring the application and the entire package of documents. If you can not come in person, send the documents by registered mail.

Then you will need to wait 3-4 weeks, before they appoint the first meeting. You and the second spouse will be notified by phone and with the help of postal notices.

The court will listen to the evidence and arguments of both parties, and you may be given additional time to reconcile, so that the family is not broken up.

In our practice, a court-ordered divorce lasts about 2 months. After that, another 30 days must elapse before the decision takes effect. If the other side does not challenge the decision, you can come to the registry office for a certificate of dissolution of marriage.

To determine the address of the district or justice of the peace court, use the official service to determine jurisdiction.

Article 19 of the Family Code

State duty for a marriage dissolution certificate at the Registry Office: 650 rubles from each spouse

п. Article 333.26 clause 2 of the Tax Code of the Russian Federation

If there are common children under 18 years old or one of the spouses does not agree to the divorce, the marriage is dissolved in court

Article 21 of the Russian Federation Family Code

State duty to the court for dissolution of marriage: 600 rubles from the plaintiff

п. 5 of article 333.19 of the Tax code of the Russian Federation

Remember the main thing:

  1. Apply to the Registry Office, if there are no common children under 18 years, disputes over the division of property or common debts.
  2. Divorce through the Registry Office is much faster, but costs more. Both spouses must agree to dissolve the marriage and each pay a state duty of 650 rubles.
  3. If there are common children under 18 years or disputes about how to divide property / debts – then apply to the world court. One of the spouses without a husband or wife must apply.
  4. The state duty for divorce in court is 600 rubles and is paid only by the one who files the application.
  5. You can download the sample of the application above or take in the office of the court.
  6. Divorce through the court will take at least one month, and often 2-3 months. This is because the judge gives the parties time to reconcile.
  7. It is more advantageous to pay the state duty through the state services, so you get a 30% discount.

Questions and answers

Tatiana I and my husband do not live together for 3 years. I live in Saint-Petersburg, and he lives in Moscow. I decided to apply, but my husband says he has no time and is not going to come. Can you tell me where to apply?

Answer If you have children up to 18 years, you can apply to the court at the place of your residence. If you have no children and your spouse is against the divorce, you should apply to a justice of the peace court at his/her place of residence, in one of the Moscow courts. If he is not against the divorce, but simply does not want to go, apply to the registry office at your place of residence. The spouse can write out a power of attorney for some relative or lawyer in St. Petersburg, so that he came to the registry on his behalf.

Marina We want a divorce, have a daughter of 7 years. We both live in Tyumen, and registered in Saratov. There is no desire to go to Saratov, what can you advise?

Answer Since you have a minor child, you need to file documents through the court. You can go to a district or justice of the peace court in Tyumen. The exact address of the court will depend on the address of your residence.

Svetlana With my husband, we do not actually live together for 5 years. We have a daughter by marriage, she is 3 years old. I wanted to file for divorce in court, but do not know where. The address of her husband also do not know. Can you tell me what I should do?

Answer You should apply to the district court in the place of your residence. You can specify the last known address of your husband.

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