Divorce through the registry office has many advantages: ease of preparing an application and a minimum package of documents for a divorce, low cost and no additional costs, short processing times for an application and a quick divorce.

In addition, the divorce procedure in the registry office does not involve clarifying the circumstances of a failed family life and the reasons for the breakdown of relationships, does not require the presentation of evidence and listening to the testimony of the parties and witnesses, the collection of numerous certificates and the filing of petitions. How does a divorce happen in the registry office? Simple, fast and efficient.

Conditions for dissolution of marriage in the registry office

However, not every marriage can be dissolved in a simplified and expedited manner. Only spouses who have come to a mutual agreement on divorce and do not have common children of minor age have the right to divorce through the registry office.

Thus, in order to peacefully, simply and through the registry office, a combination of two mandatory conditions is necessary:

1) Consent of the spouses.

The first prerequisite for a divorce through the registry office is the mutual consent of the spouses. If the husband or wife does not consent to the divorce, the divorce procedure will not take place. After all, divorce, just like getting married, is possible only voluntarily. The absence of the need to resolve disputes, sort things out, make mutual claims and expose the intimate aspects of your life to outsiders is an important condition for filing a divorce in the registry office.

The consent of the spouses is expressed in a joint application, which they submit to the registry office.

Why is spousal consent required?

For many spouses, this norm of family law causes bewilderment and indignation. Why is it possible to get a divorce through the registry office only by mutual consent? Why does the other spouse have to go to court because of the disagreement of one of the spouses? After all, the court, like the registry office, does not refuse anyone and dissolves marriages at the request of the spouse, even if the second spouse does not agree. What then is the meaning of this condition?

The meaning of this condition lies somewhere in the remnants of Soviet legislation and the justice system, in particular, in family matters. Once upon a time, the great mission was assigned to the court - to contribute to the preservation of families. The extent to which the court coped with its mission is unknown, since there is no statistics on the number of families saved from divorce thanks to the trial.

Today, as before, the same mission is entrusted to the court. Therefore, the judges formally set a period for reconciliation between the spouses, and with a clear conscience divorce the spouses who failed to reconcile.

The question remains open - will the state really not find another way to save families, except for the judicial divorce process? And isn't it worth saving the spouses from the long and troublesome divorce process if it is no longer possible to save the family?

2) Absence of common minor children.

If the spouses have common minor children, a divorce can only be in court.

If the spouses have their own, not common children (for example, those born in another marriage and not adopted by the second spouse) or adult children (who have reached the age of 18 or have received full legal capacity), divorce proceedings in the registry office are also possible.

What children are considered common?

At first glance, this question seems simple and straightforward. A common child is a child who descended from both spouses by blood. If a child is descended by blood from only one spouse, he is not considered common. For example, if a wife has a minor child from a previous marriage, it is not considered common and the marriage can be dissolved through the registry office.

But it happens that one of the spouses adopts / adopts the child of the spouse. In this case, the child becomes common (not by blood, but by documents), so divorce is possible only through the courts. In the same way, through the court, a divorce will occur if both spouses have adopted / adopted a child.

Which children are considered minors?

Another simple question. Everyone knows that adulthood comes at the moment of reaching 18 years. But, it turns out, not only at this moment.

There is a concept of emancipation. This is the right of a child who is 16 years old to acquire full legal capacity - to acquire the rights and obligations of an 18-year-old citizen. Emancipation is possible under certain conditions: marriage and the birth of a child, work under an employment contract or doing business.

So, if the parents have such a minor (under 18), but an emancipated child, they can bypass the court and get a divorce through the registry office.

Divorce through the registry office and controversial issues

For divorce through the registry office, it does not matter whether or not there are disputes about jointly acquired property, about the maintenance of a disabled spouse. To resolve disputes, spouses need to go to court.

Special cases of divorce in the registry office

In addition to the considered variant of the development of events, which implies the mutual consent of the husband and wife to divorce in the absence of children, the law provides for other options. So, you can get a divorce through the registry office without the consent of one of the spouses and regardless of the presence of children in the following cases:

1. Court-established incapacity of one of the spouses. His inability to give an adequate assessment of the circumstances and make informed decisions is the basis for a unilateral divorce initiative by the second spouse;
2. Declaring a spouse dead or missing. The inability to obtain consent from the spouse for divorce due to the lack of data on the place of his stay is also the basis for unilateral dissolution of marriage;
3. Criminal liability in the form of imprisonment for a term of at least 3 years. The fact of the real term of the spouse's conviction is the basis for divorce without his consent.

How to get a divorce through the registry office?

So, your family circumstances meet the conditions required by law for filing a divorce through the registry office. Mutual consent - yes, common minor children - no. In order to carry out the plan and receive official confirmation of the actual breakup of the family, it is necessary to go through the standard divorce procedure through the registry office, which consists of several stages:

• drawing up (according to the form No. 8, 9, 10);
• payment of the state duty according to the details of the registry office;
• feed ;
• visit to the registry office to register the dissolution of marriage - 30 days after the application is submitted;
• receipt by each of the spouses of a certificate of divorce.

Let's consider each of these stages in more detail.

Application for divorce and other documents

Spouses who have reached mutual agreement on the termination of family relations must draft and file a divorce petition together. The law provides for the possibility of compiling and submitting separate applications by each of the spouses, as well as submitting an application by only one spouse, subject to the presence of a notarized signature of the second spouse.

An application for divorce is drawn up in the form prescribed by law (No. 8, 9 or 10) indicating all the necessary data. Documents established by law are attached to the application for divorce, one of which is a receipt for payment of state duty.

In which registry office can you apply for a divorce

Spouses (husbands) can apply for divorce:

• in the registry office (at the place of registration of marriage, at the place of registration of both spouses or any of them);
• through the portal of public services;
• to the multifunctional center of public services (MFC - operate under the My Documents brand).

Terms of divorce through the registry office

Compared to the duration of the trial, burdened by clarifying the circumstances and reasons, filing applications and petitions, resolving disputes, considering appeals, the divorce procedure through the registry office is carried out in record time.

So how long does the divorce procedure through the registry office take? Exactly 30 days. This period cannot be shortened or extended. The beginning of its calculation is the day after the filing of a joint or unilateral application for divorce, the end is the day the act of divorce is registered.

This month period is given to the spouses to think about the possibility of reconciliation and the preservation of the family. Indeed, in marital relations, situations often arise when, under the influence of negative emotions (resentment, irritation, anger), a spontaneous and not always justified decision is made to leave. Within a month, the spouses can change their mind about divorcing and withdraw their application. Unfortunately, this rarely happens in practice.

Note! The procedure for divorce through the registry office is regulated by Article 19 of the Family Code and Chapter IV of the Law "On acts of civil status".

In these legislative acts you will find the rules for divorce through the registry office, including the requirements for the form and content of an application for divorce, the procedure for submitting it to the registry office, and, directly, the divorce procedure.

Unlike the judiciary, the registry office does not clarify the motives and reasons for divorce, and no measures are taken to reconcile the spouses.

The procedure for dissolution of marriage is quite formal and includes the following steps:

• making an appropriate entry in the register of acts of civil status;
• issuance of a certificate of divorce to each of the spouses;
• a mark on the dissolution of marriage in the passports of the spouses.

Divorce Registration

On the day the application for divorce is filed, the registry office staff sets the date for the registration of the divorce. The place of registration of the divorce will be the registry office ...

• at the place of registration of marriage;
• at the place of residence of both spouses or one of them.

If an application for divorce is filed unilaterally with an incompetent or imprisoned spouse, the registry office must notify the imprisoned spouse or guardian of the incapacitated spouse within 1 month. If the incapacitated spouse does not have a guardian, the registry office must notify the guardianship and guardianship authority. In addition to notification of the received application for divorce, the registry office asks for a response indicating the surname that the spouse will bear after the divorce.

On the specified day of registration of a divorce, at least one of the spouses (or a representative of the spouse by proxy) must appear at the registry office to participate in the divorce registration procedure.

If both spouses cannot appear on the appointed day for valid reasons, the procedure may be rescheduled. The absence of both spouses makes the dissolution of the marriage impossible, and the filed divorce application is rejected. After that, you can file a new divorce application - at least the next day.

Certificate

A divorce certificate is the main document certifying the fact of the dissolution of a marriage between spouses. After the divorce is registered, each of the spouses receives their own copy of the certificate.

The divorce certificate must contain the following information:

• FULL NAME. spouses before and after divorce;
• Passport data of the former spouses;
• Date of termination of marriage;
• Divorce entry date, entry number;
• Place of registration of divorce;
• Date of issue of the certificate of divorce;
• FULL NAME. persons who received a divorce certificate.

How much does a divorce through the registry office cost?

If we talk about the financial side of the divorce process through the registry office, then, most likely, the total amount of expenses of the spouses for filing a divorce will not exceed the amount of the state fee.

So how much will a divorce in the registry office cost the spouses?

The amount and features of payment of the state fee are provided for in the Tax Code of the Russian Federation (Chapter 25.3). From January 1, 2015, changes regarding the amount of the state fee came into force, according to which the following amounts are payable:

1. When spouses jointly file an application for divorce at the registry office, each of them pays 650 rubles of state duty;
2. The same amount - 650 rubles of state duty - is paid by each spouse for making changes to the civil status register on the basis of a court decision on the dissolution of their marriage;
3. In case of unilateral filing of an application for divorce (in cases where the spouse is declared incompetent, dead or missing, convicted to serve a prison sentence), the initiator of the divorce pays a state fee in the amount of 350 rubles.

Payment of the state fee is carried out at the bank, strictly according to the details of the registry office. The original receipt of payment of the state fee must be attached to the divorce application when submitting documents.

Results: how the divorce process works through the registry office

So, the right to divorce through the registry office is granted ...

1. Married couples who have agreed to end family life if they do not have minor children.
2. Spouses unilaterally, regardless of the consent of the second spouse, if he is recognized by the court ...

• incompetent;
• missing or dead;
• sentenced to serving a sentence of imprisonment for 3 years or more for committing a crime.

Since marriages are dissolved through the registry office only in indisputable cases (either by the consent of the married couple, or on the grounds provided for in Article 19 of the Civil Code of the Russian Federation), state intervention in family relations is minimal, the divorce process is a formal procedure.

• First stage - application by a married couple or by one of the spouses on whose initiative the dissolution of the marriage takes place. The application can be prepared in advance, or you can fill out the forms on the spot. All necessary documents (passport, marriage certificate, in some cases - a court decision or sentence on the basis of which the divorce takes place) must be carried with you.
• The second stage is directly divorce proceedings which occurs 30 days after the application is submitted. At the appointed time, a married couple (or one spouse) must appear at the registry office. An employee of the registry office enters information about the dissolution of marriage in the civil registration books, makes notes on the dissolution of the marriage in passports, and issues a certificate of divorce to the spouses. There is no need to prepare a "solemn speech" - you do not have to testify, argue, explain the reasons and motives for divorce, invite witnesses. You do not have to provide additional documents (in addition to those listed above). These are the advantages of dissolution of marriage in the registry office.

If, for a good reason, the appearance of a married couple (or at least one spouse) on the appointed day is impossible, the procedure may be postponed. If the spouses did not appear without a valid reason, the submitted application is canceled, the divorce procedure is not carried out (the paid state fee is not returned), which, however, does not prevent the re-submission of the application.