The termination of marital relations due to separation occurs today in almost every fifth couple. As you know, a divorce today can be filed in two instances: in court and registry office. If the wife and husband want to conduct a divorce procedure and at the same time have no complaints against each other, they have no property disputes and disagreements about children, then you can divorce as soon as possible and with minimal red tape through the registry office. In this article we will consider the grounds that give the right to file for divorce, documents for divorce through the registry office, as well as other nuances and features.
Grounds for divorce through registry office
It should be noted that one desire to terminate your marriage through the registry office is not enough. To apply to this institution, you must have three reasons:
- spouses' general decision to terminate the marriage. That is, if one of them is against divorce, then submitting to the registry office will not work. You will have to get divorced only through the court, which will, of course, be a little more complicated.
- If the divorced have children under 14 years of age, then a divorce can only be obtained through the court. Therefore, a divorce in the registry office is possible only if the couple has no children.
- Each of the five minutes to the former spouses must be present in person at the divorce proceedings. Therefore, if a person cannot personally participate in a divorce, you will again have to go to court, since a representative may well participate in the lawsuits, and the spouse may never even appear there.
Exceptional Cases
If one of the spouses was sentenced to more than three years for any crime, he was recognized as legally incompetent or is missing, then, as an exception, the other spouse may submit documents for divorce through the registry office on his own initiative.
Divorce Procedure
A statement of intent to divorce is submitted to the registry office where the spouses live (or one of them). Both spouses together or one of them can submit such a document. There are certain conditions for a simplified divorce procedure. If the husband and wife made a general decision to divorce, then they file an application together. In this case, the procedure is quite simple. If one of the spouses lives in another region and cannot for objective reasons appear in this registry office (illness, business trip), then he has the authority to contact the registry office where he is located. There, he applies for a divorce, which must first be notarized. After filing such a document, he is sent to the registry office, where the divorce proceedings are considered.
Required Documentation
If the spouses made a mutual decision to leave and filed a joint application for divorce, then what documents for a divorce are still presented? It:
- passport of each spouse (you can copy);
- Marriage certificate;
- state duty receipt.
When it is impossible to apply to the registry office?
To be able to divorce according to a simplified scheme, the couple should not have joint children. If there are adopted children, then the procedure of divorce through the registry office will also be impossible. If there are no children, then the employees of this institution register the divorce and issue a certificate of this to the former spouses. When issuing this document, one of the former spouses must be present.
Divorce Application: Sample
In different registry offices, some of its rules may apply to the application for divorce, but in general, the application indicates the following data of both superugues:
- FULL NAME;
- Date of Birth;
- the place where both the wife and the husband were born;
- their citizenship;
- place of residence;
- nationality (you can fill out this column if desired);
- passport information.
Other data
In addition to these data, the details from the record of the marriage act are indicated. After that, a request to start a divorce proceedings should be stated. In addition, spouses must indicate what surname each of them will have (you can stay on the one that was after the marriage or return those that they had before the wedding). It is advisable that the text of the application be placed on one page (A4 format), and also the spouses must necessarily put their autographs on it. Usually, a divorce form through the registry office can be obtained at each branch of this instance. The reason why you decided to get a divorce is not necessary to indicate in the application.
Nuances in exceptional cases
If you are divorcing a legally incompetent person, then you should also indicate the place of residence of his guardian. If the husband (wife) is in prison, then the registry office must be informed about the place of the institution where he is serving his sentence. In this case, the registry office will notify the other spouse of the divorce at this address.
State duty payment
When applying, spouses will have to pay a state fee. If you agree to get a divorce, then with a joint application for a divorce through a registry office, a state fee is withdrawn in the amount of 400 rubles (moreover, each spouse pays the same amount). If one of the spouses intends to divorce (which is possible only in some cases, we mentioned them above), then the state duty will be 200 rubles.
Divorce Dates
Divorce is a serious step. Often in young couples such a decision is made on a hot head, under the influence of a surge of negative emotions. In this regard, the legislation established the terms for divorce through the registry office. After the documents for divorce through the registry office are submitted, the spouses are given a month to consider such an important decision. As practice shows, some still withdraw the application for divorce within a month. If it is not possible to reconcile, then in the absence of any contentious issues between the spouses they will be bred and issue the appropriate certificate. At the same time, it should be remembered that if you file a divorce through the registry office, the state fee will be paid in any case. It also happens that during this period some disagreements will be clarified, which will have to be resolved only in court. In this case, the date of divorce will move before the court makes a decision. At the same time, the Family Code fully admits that at first the spouses can divorce, and then share the property through the court. Moreover, ex-husband and wife can sue for the division of all “acquired good” for three years after the divorce proceedings.
Divorce certificate
Naturally, after all the necessary documents for a divorce through the registry office have been filed and a month has passed, the spouses must be divorced. As a result, they receive a divorce certificate. It should be noted that this is a very important document that will be needed when performing certain legal procedures. It, for example, is required for:
- making a new marriage;
- change of surname;
- drawing up child benefits;
- real estate registration, etc.
Summarize
As we found out, divorce through the registry office is a simpler procedure than divorcing through a court. However, some rules will still have to be followed. Having familiarized yourself with how to write a divorce application , the sample of which must meet strictly stipulated rules of the law (with the exception of nuances), you can easily cope with such a procedure. But it’s better, of course, that you never have to write such a statement. Therefore, we wish you only love, peace and harmony with your soulmate!