How to file for divorce in 2022 - documents, procedure, cost

What documents do I need for divorce in Russia?

Divorce can not always go peacefully, so many aspects of it are regulated by law. How to dissolve a marriage through the registry office and through the court, what documents are needed, RIA Novosti, 13.01.2022

MOSCOW, February 20 – RIA Novosti. Divorce may not always go peacefully, so many aspects of it are regulated by law. RIA Novosti reports on how to dissolve a marriage through the registry office and a court, what documents are required, what the peculiarities of divorce in the presence of children are, as well as how property is divided. When can a marriage be dissolved by going to the registry office? According to Article 19 of the Family Code of the Russian Federation, you can divorce your spouse through the registry office if:In the last three cases, you can divorce without the consent of the wife or husband, regardless of whether there are common minor children.In all other cases, the application for divorce is made through the court. What documents do I need for divorce? If the spouses are divorcing by mutual consent and they have no children together, the following must be submitted to the registry office: If the documents for divorce are sent online, you will also need an enhanced qualified electronic signature of both spouses.In the case of divorce filed by one spouse, provided that the second is missing, declared incompetent or convicted for more than 3 years, the package includes: Application and documents for divorce must be brought to the registry office by the residence or place of stay of one of the spouses. It is also possible to file for divorce through ICF or electronically through State Services. According to Article 333.26 of the Tax Code of the Russian Federation, in the majority of cases it is necessary to pay 650 rubles from each spouse for state registration of the marriage dissolution, including issuance of certificates. If the divorce is filed by a person whose spouse was recognized by the court as missing, incapacitated or sentenced for more than three years, then the state duty payment at the State Service portal shall be discounted by 30%. When will the ex-spouses be considered man and wife? As stated by the Russian Federation Family Code, the divorce procedure is finalized by the registry office after one month from the application submission date. At the same time the corresponding certificate is issued. Each of the ex-spouses receives it. After that they cease to be considered husband and wife.When should I file an application for divorce in court? Dissolution of marriage is carried out in court, when the spouses have common minor children, as well as if the husband or wife do not give consent to divorce.In addition, the dissolution of marriage through the court occurs in cases where one of the spouses, despite the absence of objections from him, evades divorce in the registry office, including refusing to submit an application. How to file for divorce in court? In order to file for divorce through the court, you must prepare the following papers:If the plaintiff is not possible to submit an application for divorce in court in person, to the package of documents must be attached a notarized power of attorney on the representative.As a General rule, the claim is filed at the place of residence of the second spouse. At the place of residence of the plaintiff is allowed to submit, if the child lives with him, or the state of health does not allow him to be away from home, and also if, together with the claim for divorce is a claim for recovery of alimony. Together with the lawsuit you can also submit a claim for division of property, but it is allowed to do it later.If the spouses do not have a dispute about children and property disagreements of more than 50 000 rubles, the statement of claim must be filed in the world court.

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Otherwise – to the district court.The marriage will be considered dissolved not earlier than one month from the date of filing the application. The spouses will cease to be husband and wife from the day the court’s verdict enters into legal force. After that, the court within 3 days must send an extract from the decision to the Registry Office at the place of the marriage, where the parties to the process will be able to obtain a divorce certificate.How to divorce a foreigner? According to Article 160 of the Family Code, divorce between Russian citizens and foreigners or stateless persons, as well as the marriage between foreign nationals in Russia is made according to the standard scheme – as in the divorce of Russians. At the same time it is necessary to legalize all the documents in a foreign language (unless otherwise provided for by the international treaties of the Russian Federation) and translate them into Russian. Correctness must be certified by a Russian notary.The divorce process with a foreigner or stateless person permanently residing in another country can be carried out both in Russia and abroad. But if one of the spouses is permanently residing in Russia despite his/her foreign nationality, the divorce will take place on the territory of the Russian Federation. If, according to Russian law, a divorce through the registry office is possible, then the procedure may take place at diplomatic missions or consular offices of the Russian Federation.The process of divorce, which took place abroad under the laws of another country, is recognized as valid in the Russian Federation.How to file for divorce if there are children? If the couple, who mutually wish a divorce, have minor children, then you should go to court. One of the spouses will also have to do the same, in case the other does not want a divorce.When the marriage is dissolved in court, the spouses can present an agreement on who of them will live with the children. If there is no such agreement or it violates the interests of the children or one of the spouses, the court must determine with whom the children will live, and from which of the parents and in what amount should be recovered alimony.men It is important to remember that by law divorce with his wife without her written consent is not possible if she is pregnant or gave birth less than a year ago. For a woman, a divorce with her husband has no such restrictions – she can officially leave her spouse both during pregnancy and immediately after it.Is it possible to file for divorce online? An application for divorce can be filed online only if the decision is joint and the couple have no common minor children. In this case, it is necessary to have reinforced qualified electronic signatures to sign the application and submit the documents on the portal of the State Service.Is it possible to dissolve the marriage unilaterally? Dissolution of marriage in the registry office without the consent of the wife or husband, regardless of whether there are joint minor children, can be if:In other cases, the unilateral dissolution of marriage is possible only through the court, which must establish that further life together the spouses is not possible. In this case, the court may take measures to preserve the family: postpone the proceedings of the case, assigning a period for reconciliation of husband and wife within three months.Divorce with division of propertyWhen dividing the common property of spouses, their shares are recognized as equal, according to Article 39 of the Family Code of the Russian Federation.

However, the court may waive this rule if it considers the interests of minor children, or if one of the spouses has not received any income for unreasonable reasons or has spent the spouses’ joint property to the detriment of the family’s interests. When dividing property, husband and wife will also share the common debts in proportion to their awarded shares.Spouses have the right to decide for themselves in what shares to divide the property. They must submit an agreement to this effect to the court. If such a document violates the interests of children or one of the spouses, the court must divide the property taking into account the specific situation.In case one of the spouses is transferred property whose value exceeds the share due to him, the other may be awarded appropriate monetary or other compensation.

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Divorce in Russia in 2022: marriage dissolution procedure. How to file for divorce in 2022 – documents, procedure, cost of the procedure

How to file for divorce of spouses in Russia in 2022? The main answer – according to the law. But about the nuances we will write below.

In this article, we will tell those who have thought about starting the divorce process, how to arrange a divorce, where to start, what are the nuances and pitfalls, when you need to file for divorce through the courts, and when you can get by with a simple statement at the registry office, how the court helps to resolve property disputes and disagreements about children, what documents are needed for divorce, can divorce a husband with a pregnant wife, can refuse to divorce, etc.

Reasons for divorce of spouses – termination of marriage

According to Chapter 4 of the Family Code of the Russian Federation, any marriage can be terminated at the request of one or both spouses.
There is usually a reason for the termination of a marriage. The motives that lead the spouses to such a decision are as follows:
Disagreement in character,
different household habits,

adultery,

cooling of feelings.

In fact, the executor of the procedure – the judge or the registrar – does not care what makes the two people break off their official relationship. That is why they cannot refuse to divorce you.
And there are only two grounds for ending a marriage officially:

The death of one of the spouses,

application for dissolution of marriage.

How to apply for a divorce without a court: we are making out a divorce without children
According to Article 19 of the Family Code, you can file for divorce without trial through the registry office or the site “Gosusluzhi” if there are two conditions:

the spouses do not have joint minor children,

spouses do not divide property (or have no property disputes).

Application for divorce through the registry office can be filed jointly, one for both spouses. Or each spouse writes a separate application.

The state duty would be 650 Rubles per person (Article 333.26 of the Tax Code).

According to clause 2 of article 333.40 of the Tax Code it is not possible to return the state duty even if you change your mind about the divorce.

After submitting an application to the registry office you must wait for the date when the employees will officially process the divorce of the spouses and issue a corresponding document.

To obtain a divorce certificate, you must visit the registry office in person – with electronic queues, this will take you no more than 5 minutes.

As you can see, divorce without a court is the fastest and easiest way to dissolve a marriage. But remember, this only applies to divorce without children and division of property. Read about the more complicated cases below.

How to file for divorce without the consent of the second spouse through the registry office
According to Article 19 (2) of the Family Code, it is possible to file for divorce without a court and without the consent of the second spouse, but in strictly defined cases. Namely, if the second spouse:
Is recognized as incapacitated;

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Sentenced to 3 years in prison or more;

is missing.

Note that according to Article 333.26 of the Tax Code, the state duty in such a case will be only 350 rubles.

How long does one have to wait for a divorce certificate after filing an application?

According to Article 34 No. 143-FZ, a divorce certificate may be obtained one month after the date of filing of the application with the competent authority.

It is believed that this time is given to the spouses to think over the decision taken, possibly in the heat of the moment, and to reconcile.

How to file for divorce through the court. When to file for divorce in court

All other cases, except those listed above, are considered by the judge. But before filing a petition for divorce, specify, in which court to apply: district or world court (Art. 21 of the Family Code).

In the world court citizens apply if:

In all other cases, the spouses will have to go to the district court – to the nearest branch.

If citizens are registered at different addresses, the lawsuit for divorce of spouses is filed at the defendant’s residence address.

But there is an exception to this rule: if the plaintiff is seriously ill and it is difficult for him to get to the distant court, he may file a statement at his address.

In the case, if the spouses divide property, the application is filed in the district court at the location of the property.

How to choose a court where to file for divorce – step-by-step instructions

Step-by-step instruction

Step 1. Go to the website of the courts of the desired city – enter the address you are interested in. Step 2. Go to the “Territorial jurisdiction” section – here you will find the addresses of the courts for the whole district. Step 3. Select the court you are interested in.

What documents do you need for divorce: dissolution of marriage in court

In order for the application for dissolution of marriage to be accepted, be sure to attach a package of certain documents.
Documents for divorce:
A copy of the marriage certificate;
proof of payment of state duty;
Power of attorney on the representative (if necessary);
Copies of certificates of birth of children (children) – if there are disputes about the custody of them and the appointment of the alimony;

documents confirming the property rights of the spouses (if there are property disputes);

Copy of the application for divorce (to be sent to the defendant).

Attention: a copy of the application for divorce through the court must be sent by the plaintiff with the list of attachments and notification of receipt. These documents are attached to the claim in court.

How to correctly write a claim for a divorce through court
It is important that the lawsuit contains all the important information, in particular:
The name of the judicial body,
Full name of the parties to the dispute,

phone, address of the applicant,

personal signature.
If you file a statement of claim for the division of property, in the demanding part we write:
dissolve the marriage,
justify the division of property,

calculate how the property should be divided.

Justify where and with whom the minors will live.

How to apply for divorce online through “Justice” – step-by-step instructions

Since 2017, the application for divorce can be filed online on the platform GAS “Justice”.

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Important! To be able to process a divorce online, you must have an electronic signature and an account on “Gosuslugi”.

Step 1. Once logged in, you will be able to attach all copies of documents to the application. Step 2. Submit the application through the district court’s website under “Submit Procedural Documents Electronically” – “Submit Application” for dissolution of marriage union. Step 3. Indicate that a civil type of proceeding is being used. Step 4. In the drop-down list, select “Statement of Claim”.

Procedure and timeline for a court-ordered divorce

Unlike a simple divorce at the registry office, the court process will take about three months or more. The more disputes the parties have, the longer the divorce process will take.

After the decision is made, you will have to wait another month for it to take legal effect.
Only after that can a citizen go to the registry office to make a record of the divorce. It is necessary to do this if you plan to:
create a family with another person,

sell or exchange an apartment,

You must do this if you plan to: start a family with another person, sell or exchange your apartment, apply for a subsidy or benefits, etc.

If you don’t need a certificate of family composition, you don’t need to go to the registry office.

How to divorce in court a couple with children (a child)

When the issue concerns the future of children and there are no property disputes, the couple will divorce as quickly as possible. The most expeditious divorce of spouses will be in a family where the parents have already decided the issue of residence of minors and sealed their decision notarially. In this case, the court will be enough of two sessions.

Remember that usually, for the decision of the court to leave the child (children) with one of the parents requires the intervention of specialists from the guardianship authorities, which can come to the home of the citizens and assess how they live. In this case, the opinion of the minor, who is already 10 years old, the judge will take into account. But this opinion, of course, will not be decisive.

In addition, the guardianship authorities are necessarily declared in court as a third party, if there is a question about minors in the process.

In all other cases, the more points of contention between the spouses, the longer the case in court will last.

Do I need to get a divorce in order to receive alimony?

And here we will dispel the myth that only divorced spouses are entitled to alimony. No, in order to receive child support, it is not necessary to get a divorce.
You can apply for child support in any situation:
While you are married;

During the divorce process,

after the dissolution of the marriage.

At the same time to divide jointly acquired property is allowed only within three years after the divorce.

If a divorce needs to be finalized quickly (e.g., the spouses or spouse wants to remarry, especially if there is a pregnancy on the side), the first thing to do is to divorce without dividing the property. Divide the property later.

Property issues can be dealt with in the next three years. After a divorce, you can raise the issue of alimony for the children.

The downside of this approach: you will have to pay legal fees more than once.

How to divorce, if there is a prenuptial agreement

If, when getting married, the spouses signed a prenuptial agreement, the divorce will be quick and painless from a legal point of view. But it is still necessary to go to court.
What happens if one of the parties ignores the court hearing:
If, for whatever reason, the plaintiff does not come to court, he or she is presumed to have no interest in the divorce.

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If for some reason the defendant does not come to court, the judge will not consider his or her interest.

If both spouses do not come to court, that the case will not be heard at all.

It is not necessary for the spouses to come in person – you can specify the position in writing and bring this document to court in advance or use the services of a representative (a lawyer, an attorney).

According to Article 25 of the Family Code, the prenuptial agreement terminates upon dissolution of marriage, except for those clauses of the contract that provide for its validity after divorce or death of one of the spouses.

How to divorce a foreigner

Divorce with a citizen of any foreign country on the territory of the Russian Federation can be carried out only according to the norms of domestic legislation – according to Article 160 of the Family Code.

Remember, if you are getting a divorce abroad, the court will be guided by the norms of the country where the divorce process takes place.

Can the marriage be declared null and void

Many people think that this wording is synonymous with divorce proceedings. In fact, it is not. Annulment of the marriage is the recognition of the marriage is invalid, according to Chapter 5 of the Family Code.
Annulment of a marriage means to declare it null and void (non-existent) given one of the proven circumstances
one of the spouses entered into the marriage against their will;
one of the spouses was underage at the time of marriage;
there was no consent of the parents and the administration to lower the marriage age to 16 years in the case where one or both spouses were married as minors;
If one of the spouses was legally married at the time of the second marriage;
If one of the spouses was legally incompetent at the time of the marriage;

If the spouse concealed from the other spouse the presence of a venereal disease or HIV;

If the spouses are close relatives.

What difficulties may arise in the dissolution of marriage

The divorce process has its pitfalls.
The most common ones are:
The defendant ignores notices of divorce and does not come to court;
The plaintiff does not come to court and does not send a representative;
Requests by the parties to postpone the hearing for some good reason;
One of the spouses has disappeared without a trace;
refusal to accept the claim;

failure to pay the state duty;

the application is sent to the wrong address (the wrong judicial authority has been selected).

Returning the claim, the court attaches to it a definition, which indicated the existing shortcomings. They must be corrected and the claim should be sent again.

When can refuse to consider the dissolution of marriage

The court may refuse to consider a case for dissolution of marriage if the claims in it have no basis or violate the rights of one of the spouses or their children.

Marriage is an a priori voluntary union between a man and a woman, so if one spouse no longer wants to be in such a union, neither the other spouse nor the government has the right to enforce it.