What documents are needed for a divorce

09.04.2021

The divorce procedure has a legal status and is regulated by the Family Code of the Russian Federation. It is carried out through the regional registry office or in the courts. Those who face this difficult and not very pleasant process need to know what documents are needed for a divorce. Let's analyze the nuances of the composition of the package of necessary papers for specific cases, find out what the size of the state duty is, how the divorce procedure itself goes.

How to file for divorce

The official dissolution of marriage is carried out by two state instances: the court (district, city, world) and the regional registry office. In the second institution, a divorce is drawn up at mutual desire, at the initiative of one spouse, when the second spouse is recognized as missing or incapacitated, and has been serving a sentence for a crime for more than three years. The courts consider claims from spouses who have property claims against each other or minor children, when one does not share the desire of the other half to terminate the marriage.

If there is a child

It matters what age the children of the divorcing spouses are. Minors are one thing, children over 18 are another. In the first situation, only the court is authorized to divorce the spouses. It doesn’t matter if the parents came to an agreement on alimony, the “separation” of children, etc. Even if all the moments of life after a divorce are agreed, it is necessary to apply to the court of first instance or the world court, and which one specifically, we will consider in more detail.

Minor

It is better for divorcing spouses with minor children to immediately go to the justice of the peace, even if there are no factors complicating the procedure:

a counter or accompanying claim (for divorce, establishing paternity, changing the name of the child, etc.);
disagreements about the residence of children after a divorce;
alimony disputes;
property claims.

When the divorce is complicated by moments when the positions of the spouses are contradictory, a lawsuit should be filed with the court of the city (district) in which the applicant (plaintiff) lives. To resolve all contentious issues relating to children, each of the spouses needs to stock up on supporting and refuting documents that will help in making the right decision.

Adult

When there are adult children in the family, the registry office is authorized to carry out the divorce procedure, but only on condition of mutual consent of the divorced, that they have no property claims. The application of only one party is accepted when the other spouse is recognized by the court as missing or incompetent. In other cases, all questions about the dissolution of a marriage in the presence of adult children are resolved only by the court.

What documents are needed

The set of documents required for registration of the dissolution of a marriage depends on the conditions and place of the procedure. The package of papers will be minimal during the administrative procedure (through the registry office), and during the trial you will have to collect a lot of additional information, extracts from the archive, characteristics, etc. To insure yourself against possible paperwork complications, make a detailed list of all documents and their copies.

Through the registry office

What does it take to get an administrative divorce when both parties want it? Firstly, it is necessary to resolve material disputes by concluding a mutual agreement on, and secondly, to collect (fill out) and submit documents and their copies:

model statement;
all copied passport pages;
document on registration, family composition;
property agreement;
marriage contract;
the original plus a copy of the certificate;
fee payment receipt.

Through the court

If the husband and wife could not come to an agreement on divorce, property matters, or have children under 18 years old, an application for a divorce to the court is required. It is drawn up by one spouse, the second acts as the defendant. You can find out what required documents for a divorce are at the information stands of judicial institutions or on their official websites. A typical set of required papers includes:

Correctly drafted claim.
Information about the composition of the family, registration.
Toll receipts.
Original and copy of the certificate.
Passport with a copy.
Documentary evidence of the weight of the reason for the divorce.
Birth certificates of children (minors).

Unilaterally

When the presence of the second spouse is impossible for good reasons, the divorce in the registry office and the court is carried out at the initiative of only one. Then the initiator of the divorce needs to collect a package with documents:

three copies of the application in a standard form;
state duty receipt;
marriage certificate plus a copy;
certificates taken at the place of residence of both spouses;
a document confirming the incapacity (other reasons for the absence) of the second divorcing person.

How to apply

An application for divorce can be filed in person or remotely. A written or electronic application is submitted only to the regional authorities that provide this service. It is possible to submit a joint or individual (from husband or wife) document in other cities. Let's take a closer look at how to file for divorce in specific cases.

at the registry office

Applications will only be accepted under certain conditions:

Those who agree to a divorce do not have children (minors), contradictions in the property division. The application is drawn up on behalf of both spouses, and if they do not change their mind after a month, then they take the divorce certificate.
One spouse is missing, incompetent, or the applicant's husband (wife) has been serving a sentence for a crime for three years. The applicant will be stamped with a divorce stamp immediately.

The application form must be completed:

full name of the registry office;
Name of the applicant;
full data on both spouses (passport, address, etc.);
the reason for the dissolution of the marriage;
the surnames that the spouses will receive after the divorce;
date of application;
applicant's signature.

To court

Before you write an application for divorce, it is advisable to find out which judicial authority to apply to. In case of material disputes between the spouses (the value of property is more than 50 thousand rubles) and the need to establish paternity - to the district (city) court. In all other cases, the application will be considered by a justice of the peace. This is a standard document, a sample of which is presented on the information stands of the courts. The claim must include the following:

full name of the court;
Name of the applicant;
full data on both spouses (passport, address, contact, etc.);
number and date of the marriage certificate;
the reason for the annulment of the marriage;
information relating to children and their upbringing (maintenance);
list of witnesses in favor of the plaintiff;
evidence supporting the truth of the causes;
list of attached documents;
date of application;
applicant's signature.

In another city

The possibility of filing a standard application to the court or the registry office remains when one of the couple lives in another city. But there are some nuances here:

In the absence of children under 18 years of age, property and other claims - a divorce through the registry office. The application must be submitted jointly or by proxy, at the place of residence or marriage registration.
Divorce through the court at the place of residence of the defendant. If it is unknown, then at the address of its last registration or location of real estate.
Through the court at the place of residence of the applicant. This option is possible when children under the age of 18 live with the plaintiff, or he is not able to move.

Through the Internet

Previously, it was possible to remotely submit an application on the official portal of the State Services. Now an application is submitted via the Internet only on the websites of specialized institutions (courts, registry offices), where this function is provided. Another possibility is to use the services of a firm specializing in divorce proceedings and fill out an application on their website. How to do it? Need:

Find a company in your region.
Register on its official website (write personal data, passport details, phone number and insurance certificate, e-mail).
Complete the online application form.
After verifying the data, confirm your identity (electronic signature, bank card, etc.).

The amount of the state duty

The tax is levied for the services of state institutions in divorce proceedings. At the end of 2015, its amount for the filed claim was:

without mutual claims - 600 rubles;
divorce and division of property - 600 rubles plus 4% of its value.

According to the Tax Code, the fee for an application and a certificate is:

with mutual consent - 650 rubles each from a husband and wife;
in case of divorce by court decision - 650 rubles from each;
with the recognition of loss, incapacity or due to the deprivation of liberty of one spouse - 350 rubles.

Last year, the media excited the population with information about an increase in the state fee for divorce up to 30 thousand rubles. Such a cost was provided for in the new bill, which was not adopted. Therefore, until changes are made to the Tax Code of the Russian Federation, the amount of the divorce fee remains the same. Claimants who are disabled are exempted from its payment. When dissolving a marriage, you will not have to pay money for applications and claims:

protection of the rights of the child;
appeal against court decisions.

Divorce procedure

The fastest divorce procedure is through the registry office by mutual agreement. After the second visit, the spouses become legally free and independent from each other. Couples quickly divorce when one spouse has been serving a sentence for more than three years, disappeared or is incapacitated. Litigation in other cases lasts longer, is regulated by Article 18 of the Family Code, and takes place in several stages:

collection of documents;
filing a claim;
holding a court session or several;
issuance of a court decision;
obtaining a divorce certificate.

The divorce procedure does not always end positively, often the court refuses to dissolve the marriage. For example, without a woman's desire to divorce, the husband's claim will not be satisfied if the wife is pregnant or the family has a child under one year old. Other points and nuances of a particular situation cannot cause a refusal, but they can easily serve as a reason for setting a deadline for reconciliation of the spouses.

Divorce video

Want to learn first hand about the criteria for delimiting the jurisdiction of divorce proceedings. Watch an interview with a lawyer specializing in these matters. Find out what documents you need to provide for a divorce, what copies must be certified, what additionally the judge has the right to require. Listen to the opinion of the practitioner about the features and differences of the processes through the registry office and the court, about the necessary actions of the plaintiff and the defendant.