What documents do I need to file for divorce?

Dissolution of marriage in Moscow in 2022: procedure, application, addresses

What documents are required for divorce in Moscow, addresses of 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 issuance of a 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.
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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 the 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 issues for a number of 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 consult a lawyer.

What documents are needed for divorce?

–> Кстати: Знаете о нашей услуге «Развод без стресса»? Подробнее –>

Documents for divorce are collected by the spouses depending on the method of dissolution of marriage. If you divorce through the registry office, it is enough personal documents, and if the court procedure with the division of property – you need to add documents on the property and other papers confirming your position.

We will tell in detail where to go, depending on the situation and what documents to collect for the annulment of the marriage union with a child and in the absence of children.

Where you can apply for the annulment of a marriage

Spouses who have decided to divorce have two ways of annulling the marriage: through the registry office or through the courts. In the second case, an application for the dissolution of marriage can be sent to both the justice of the peace and the district court, based on the specific situation. Consider in detail, where to go in different cases and what algorithm of actions to follow.

Divorce through the registry office

This option of annulment of the marital union is available if both parties agree to dissolve the marriage, have no claims, as well as do not raise a common minor child. Let’s clarify that both native and adopted children are considered common, as long as both spouses are parents. For example, if there is a child from a spouse’s first marriage, this does not prevent a divorce through the Registry Office.

You can also apply here if the divorce is filed by one spouse, and the second, in accordance with clause 2 of Article 19 of the Family Code :

  • Is recognized by the court as disappeared without a trace;
  • has the status of incapacitated by a court decision;
  • has been deprived of liberty for a period of more than 3 years.

List of documents

To annul a marital union without a court order, you will need:

  • A statement on Form No. 9, filled out by both parties;
  • The identity documents of each spouse;
  • marriage certificate;
  • A receipt of payment of the state duty.

If the decision on divorce is mutual, but one of the spouses may not come to the registry office (due to illness or is on a long business trip), then he/she may send their own statement, certified by a notary, and the other party – fill out a statement on form No. 10 (Part 3 of Article 33 of Federal law No. 143 “On acts of civil status” from 15.11.1997 No. 143-FZ).

If the divorce occurs unilaterally on the grounds stipulated by Art. 19 of the Family Code, the list of documents is as follows:

  • application on form No. 11;
  • Passport of the spouse-applicant;
  • marriage certificate;
  • A receipt for the payment of state duty;
  • A copy of the verdict, which came into force (the punishment must involve actual imprisonment for a period of 3 years, in other cases, the spouse must indicate that he or she has no objection to the divorce);
  • a court ruling that a citizen has been declared missing in accordance with the procedure stipulated by Article 42 of the Civil Code of the Russian Federation ;
  • A court order stating that the spouse is recognized as legally incompetent in accordance with Article 29 of the Civil Code of the Russian Federation.

Where to go

In a divorce by common consent, a list of documents along with the application can be submitted:

  1. To the Registry Office where the marriage was registered or to the department at the place of residence of one of the spouses. If we are talking about a large city, you need to find a registry office that belongs to the district of one of the parties.
  2. At any branch of the MFC. In this case you should make an appointment, specifying that you will write an application for divorce, give the documents to a specialist, get a receipt on their reception and at the appointed time come to get a certificate of divorce. Here you should take into account that the specialist only checks the relevance of the documents and their compliance with the established list, and process them will be an employee of the registry office, where they will be transferred. Therefore, you need to come with a spouse who does not object to the dissolution of the marriage.
  3. Via State Services. To do this, you need to be an authorized user and submit an electronic application for divorce through a personal account. In this case, the size of the state duty is reduced by 30%. It is necessary to take into account that to be legally effective, the application should be written by each spouse in his personal office and signed by an enhanced qualified electronic signature (p. 2 of Art. 33 № 143-FZ).

How long to wait for a decision

When divorcing through the Registry Office, the annulment of the marriage union is made within one month from the date of application (Part 3 of Article 19 of the Family Code). After this time, you must go to the Registry Office or the MFC, depending on how you submit the documents, to obtain a certificate of divorce. It is not necessary to do it together, each spouse may receive a copy at a convenient time for themselves. And if he is in prison, he may apply for a document on divorce only after release.

The size of the state fee

Among the documents submitted for divorce must be a receipt, confirming the payment of the state duty, without it the service of registration of the dissolution of the marriage will not be provided.

According to part 2 of article 333.26 of the Tax Code of the Russian Federation , the amount of state duty in a divorce through the court is:

  • 650 rubles from each spouse if the procedure is carried out on a joint application and by mutual consent;
  • 350 rubles if the documents for divorce are drawn up unilaterally.

You can pay the fee in any bank branch, through terminals, ATMs or in your personal online bank account, the main thing is to get a check and attach it to the application and other documents for divorce.

Read also: the State duty in a divorce through the court or Registry Office in 2022. How much and for what will have to pay?

Divorce through the court

If the spouses who are executing the divorce have children, the application and documents must be submitted to the court. Even if the decision is mutual, the issue will not be resolved in the registry office.

But the court to which the divorce papers will be filed will depend on the spouses mutual understanding. If they have no disputes about children, and the value of the property to be divided does not exceed 50 thousand rubles, divorce documents are sent to the world court, in all other cases – to the district court.

Where to apply

Under the general provisions, divorce documents should be filed in court at the place of registration of the defendant, which is not always convenient. Especially if he is registered in another city.

According to part 4 of Article 29 of the Civil Procedural Code, the jurisdiction may be changed in certain cases. For example, documents on divorce can be filed at the place of registration of the plaintiff, if he could not attend the court at the place of residence of the defendant because of illness or the presence of minor children.

For an introductory consultation with a lawyer on divorce or to make an appointment for an in-person legal consultation in the office – call +7 (495) 722-99-33 or write on WhatsApp.

List of documents

For a divorce through the court you need to prepare the following documents:

  • statement of claim;
  • a copy of your passport;
  • Copies of birth certificates of children;
  • Documents confirming the place of residence of spouses and children (extract from the house book, certificate of registration, etc.);
  • A receipt of payment of state duty.

All documents for divorce must be submitted in the form of copies and originals.

Waiting period

If the spouses do not have mutual claims, the time to obtain a divorce on the application to the court is standard – 30 days. This fixed period is established when both parties appear at the hearing and declare their consent to the dissolution of the marriage. If one of the spouses fails to appear, the hearing is postponed up to 3 times, which increases the waiting time. Thus, when annulling a marriage through the court, there is no exact deadline for obtaining a decision, but the less the parties disagree, the sooner the application is resolved.

The amount of state fees for a court-ordered divorce

According to clause 2 part 2 of Art. According to clause 2 of article 333.26 of the Tax Code of the Russian Federation, the amount of the state duty for dissolution of marriage through the court is 650 rubles from each side. Contribute to the amount can be any convenient way, most importantly, get a check and submit it with the rest of the package of documents for divorce.

Here it is necessary to take into account that the state duty is paid by the plaintiff in the amount of 1300 rubles. In a statement of claim, you can subsequently reflect the claim for recovery of court costs, but the decision on this issue is left to the judge.

Additional documents when uniting claims

If the spouses want not only to dissolve the marriage, but also to solve other disputes during the divorce, the application and a list of documents should be submitted to the district court. Grounds for appeal to this authority:

  • Property disputes worth more than 50 thousand rubles;
  • Disagreements over the upbringing and residence of children.

Jurisdiction is determined in general order at the place of residence of the defendant. But as when applying to the world court, you can send a claim to the place of residence of the plaintiff, if there are minor children or health problems.

If there are minor children.

If there is a minor child, the list of documents to be considered by the court should add:

  • Characteristics on the parents;
  • The conclusion of the guardianship authorities on the results of the inspection of living conditions and interviews with adults;
  • references from the place of employment;
  • An opinion by a psychologist based on the results of the child’s diagnoses;
  • Documents about income.

Depending on the complexity of the situation, you can invite witnesses who will confirm that it is better for the child to stay with the plaintiff (usually with the mother, but this is not a universal rule). Also in court, there may be representatives of the guardianship authorities, teachers, psychologists and other persons who can support one of the parties and make arguments about the upbringing and living of a minor child with one of the parents.

Property division

If in addition to the dissolution of the marriage through the court you need to address the division of property, you must add to the list of documents

  • documents of title to the property (contract of sale, gift, certificate of inheritance, etc.);
  • The assessment of the expert on the value of the property.

Depending on the specific situation, the court will need documents confirming the existence of the property and the right of the second spouse to them. These may include:

  • receipts for the purchase of goods or services;
  • Bills of lading, receipts, etc.;
  • Instructions and warranty coupons proving the purchase of goods;
  • bank account contracts;
  • savings books;
  • extracts from the register of shareholders, certified by the holder of the register;
  • accounting statements of income and other documents that are necessary for division.

The division of property through the court involves a separate state duty. In addition to 650 rubles it is necessary to make a percentage of the value of the property.

The table shows the amount of the state duty according to Article 333.19 of the RF Tax Code .

Amount of contribution Property value (Rubles)
4%, but not less than 400 rubles up to 20 thousand
800 rubles plus 3% of the appraisal, above 20 thousand 20-100 thousand
3200 plus 2% of the property appraisal over 100 thousand 100-200 thousand
5,200 plus 1% from the amount exceeding 200 thousand 200 thousand – 1 million
13200 plus 0.5% of the amount exceeding 1 million over 1 million.

If there is no possibility to make the specified amount, you can submit an application for the recovery of state duty from the defendant or indicate in the statement of claim that there is no information about the value of the property.

In the absence of spousal consent

Article 17 of the Family Code does not allow divorce on the husband’s initiative if the wife is pregnant or if less than a year has passed since the birth of the child. This prohibition extends to situations where the child is stillborn or dies within the first year of life. That means that in the situations listed above it is not possible to divorce without the wife’s consent, which means that there is no point in filing an application and gathering documents to go to court.

But if we are talking about the other spouse’s non-consent in the absence of the factors listed above, the divorce is carried out according to the standard scenario. You need to provide the court with all the personal documents and papers on property that you have, together with the claim for dissolution of marriage.

Peculiarities of divorce with a foreigner

Annulment of marriage with a citizen of another country is possible both on the territory of the Russian Federation and in the country of residence. If the procedure is to be carried out in Russia, there are no special features, except that all documents of the foreign spouse must be translated into Russian and notarized. The rest of the procedure is standard, the divorce is carried out through the Registry Office in case of mutual consent and absence of a child and in court, if there is a child and disagreements about division of property.

And if the dissolution of marriage is planned in another country, the procedure will proceed under the laws of that state. Before you file for divorce, it is worth clarifying how it will affect your financial situation and with whom the child will stay.

Lawyer answers to private questions

My husband and I will go to the district court for the dissolution of marriage and division of property. Where will we get a certificate of divorce?

Regardless of the method of divorce, the document certifying the annulment of the marriage is issued at the Registry Office. This means that after receiving the court order, you need to go to the Registry Office within the time frame specified in the order and pick up the document.

We are planning a divorce with my husband, but I have a small child who has no one to leave with. My husband can file for divorce himself?

In your case, the dissolution of marriage is only possible in court, so the spouse can file the claim himself. And if you can not appear at the meeting because the child is not with anyone to leave, on your behalf may act for any adult

We divorced and got a divorce certificate, but we reconciled after six months and we are living together now. We are expecting a child. Can I get a divorce annulled?

A divorce cannot be annulled, if you want to be husband and wife again officially, you have to re-register the marriage. The process can be accelerated, since you are pregnant, you do not have to wait a month after filing, the procedure can take place immediately for the child to be born.

You can specify in the statement of claim for dissolution of marriage, that you do not have information about the value of the property, add the claim for recovery of state fees from the defendant or apply for deferment or installment payment of state fees. In each case, decide.

Go to court for an annulment. If there are no children and disputes over property or the value of the property does not exceed 50 thousand rubles, go to the justice of the peace. If you plan to divide property worth more than 50 thousand, file a statement of claim

Divorce does not always go smoothly. Therefore, “Planet of Law” has developed a special program “Divorce without stress”. Our lawyers will help to assert your rights and act as representatives in court, so the whole procedure will go as comfortably as possible for you, call +7 (495) 722-99-33 or write on WhatsApp.

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