What documents are needed for a divorce without children. Divorce in the registry office. Registry office: where to apply
A difficult period in the life of every family member is the divorce process. This period in family relationships brings a lot of worries and emotional exhaustion, you want to leave it behind as soon as possible. Gap life together also includes the solution of legal issues that have arisen. Divorce without children through the civil registry is becoming a faster and easier option. Below we will consider in detail how the divorce of spouses without children takes place through the registry office and through the court.
The most simple and quick option gap family relations is considered to be an application to the registry office. This option of divorce proceedings is possible if:
- by mutual consent of spouses without children, or if there are children, but they are over eighteen years of age;
- in the family there are no mutual claims to each other regarding the division of property acquired in joint ownership.
Important. From the foregoing, it can be seen that the main condition for breaking family relations through the registry office is the absence of common children. Couples who have children together who are over the age of eighteen can also apply for a divorce process through the registry office.
Another main criterion for a quick break in relations is a compromise between spouses on issues of joint property. This is what does not allow couples to issue in a simplified form.
In the event that one of the family members is not able to personally submit an application by mutual agreement, he can submit an application that is certified by a notary through other persons or by mail.
The authorities for filing documents are chosen at the discretion of the spouses: the registry office at the place of registration or residence of one of the applicants or the place where the procedure for registering family ties took place. In this case, the termination of the relationship will be formalized one month after the documents and application are submitted.
If one of the spouses is documented as missing or incompetent, as well as imprisoned for a period of more than 3 years for a criminal offense, it is also possible to terminate the relationship through the civil registration authorities. In this case, the will of one applicant will be enough, so a simplified version of the end of family relations is possible.
The procedure for divorce through the registry office
For through the registry office without children, the following documents are required:
- original passports of each of the applicants;
- officially issued written desire to terminate the union by mutual agreement;
- original certificates;
- documents confirming payment for the state procedure.
Procedure:
- Both applicants must be present to apply for the termination of the union. The appeal must be made to the registry office at the place of registration or residence or to the authorized body where the marriage took place.
- Application for each of the spouses in person. If one of them cannot be present at the submission of documents, then a notarized application of the established form is sent by mail.
- After signing and submitting documents, employees check the papers provided and the correctness of their completion. Then a day is appointed when the marital status will be changed and the divorce proceedings will be completed. On the prescribed date, at least one member of the family must appear: husband or wife.
- On the appointed day, a document is issued, namely, a certificate of dissolution of the previously concluded marriage to the applicant who appeared.
The second spouse will receive his copy at any time convenient for him.
In situations where the property has jointly acquired property, it will not be superfluous to make a marriage contact.
Another option for ending a life together without children is to end family ties in judicial order.
The most common possibility of a unilateral divorce through a court without children is the disagreement of someone from the process. It happens that one of the spouses does not agree to break the relationship. In this case, it will be possible to get a divorce only by filing a lawsuit with a justice of the peace.
Another on the court without children is the lack of compromise on resolving issues property nature. In this case, only the judicial authorities will be able to carry out the procedure and divide the property.
Attention. The desire of a husband or wife to end a relationship without children is enough for the process to take place. But, despite this, the presence of both spouses is necessary at the meeting.
In the event that one of them does not appear at the court session more than three times in a row, the court reserves the right to make a decision on this case. As a rule, it is possible to terminate the relationship without the presence of one of the family members.
The divorce process can drag on for a long time, so you need to be prepared for such a development of events.
To file a lawsuit, you will need:
- an application for divorce;
- confirming marriage certificate;
- a document that confirms the family connection.
Together with the court, it can also order the payment of alimony to the incapacitated spouse. In addition, an application for the division of property will be considered, on which the decision will also be made by the judiciary.
When considering a case on termination of relations without children, the period of consideration cannot exceed two months through the Magistrate's Court.
A month is given for consideration of the statement of claim, and thirty days for the entry into force of the decision. In addition, the law provides time for reconciliation of the parties for a period of not more than three months.
During this time, the claim may be withdrawn if reconciliation of the parties is possible.
How much money does it take to dissolve a marriage
In order to file a divorce of spouses without children, you will need to pay a state fee. The value is:
- The state duty through the civil registry offices for termination is paid in the amount of 650 rubles.
- If the husband or wife is recognized as incompetent or missing, you can apply unilaterally, and then the payment of the state duty is 350 rubles.
- For filing a claim with the court, you must pay the appropriate fee, after which you will have to pay again the state fee of 650 rubles. for the issuance of a certificate in the bodies of registration of acts of civil status.
For filing a claim in which the division of joint property is declared, you will have to pay a slightly different amount of state duty:
- In the event that the total value of the property does not exceed 20,000 rubles, its amount will be 400 rubles.
- The amount of property to be divided does not exceed 100,000 rubles, then the payment is 800 rubles fixed plus 3% of the amount in excess of 20,000 rubles.
- Property worth more than 100,000 rubles but less than 200,000 rubles is subject to payment of a state duty of 3,200 rubles. plus 2% of the figure over 100,000 rubles.
- The amount of property subject to division of more than 200,000 rubles, but less than 1,000,000 rubles, is paid by a duty of 5,200 rubles. plus 1% of the amount over 200,000 rubles.
- For divisible property over 1,000,000 rubles, the state duty must be paid in the amount of 13,200 rubles. and 0.5% of the amount over one million.
The maximum amount of the state fee established by law may not exceed 60,000 rubles.
Payment is made according to the details that will be provided by the body dealing with the dissolution of marriage. Everyone pays the state duty on their own.
Legal assistance may also be required, which will require additional material costs. Lawyers are usually consulted for property disputes.
Ask a lawyer for free!
Briefly describe your problem in the form, lawyer IS FREE will prepare an answer and call you back within 5 minutes! We will solve any issue!
When is a divorce carried out through the courts? These cases are indicated in Article 21 of the Family Code of the Russian Federation:
- have minor children (common, native or adopted);
- the husband or wife refuses to end the marriage;
- one of the spouses refuses to submit an application or is not in the registry office.
How does a divorce proceed through the court
Who is eligible for a divorce
- Any of the spouses.
- Spouse's guardian, if the court found the spouse incompetent.
- Prosecutor. He can file a claim when it is required based on the interests of an incapacitated or missing person.
According to the Law "On the Prosecutor's Office of the Russian Federation", the prosecutor can act as a plaintiff for civil case because it protects people's rights.
A husband cannot file a lawsuit without the consent of his wife if she is pregnant or a year has not passed after childbirth, even if the child was born dead or died before the year (Article 17 of the UK).
Such exceptions are made in order to preserve the health and nerves of the mother and child, since legal burdens negatively affect their well-being.
Which judge to contact
Judges are world and federal. Each of the categories is competent to conduct the process only under certain conditions. The difference between the categories is in form and status. With more stringent professional demands on federal judges, these servants of Themis are considered more competent in cases.
If both spouses agree to divorce, they have no disputes about children, you need to go to the justice of the peace. If the spouses are arguing about children or property, then they need to go to the district court with a lawsuit, federal judges deal with cases there (Articles 23-24 of the Code of Civil Procedure of the Russian Federation).
Reasons for divorce in court
Divorce by court is considered possible when the court establishes for sure: the family has broken up, further life together of the spouses is not possible (Article 22 of the UK).
The Family Code does not fix the motives for dissolution of marriage.
Most often among the reasons are: infidelity of spouses, gambling, alcoholism, drug addiction, sexual dissatisfaction, mismatch of vital interests, disagreements on financial issues, non-compliance with the terms of the marriage contract.
Husband / wife against divorce
If a couple agree divorce through the court, then the court dissolves such a marriage without finding out the reasons for the divorce (this is stipulated in Article 23 of the UK).
If the plaintiff does not tell the court why rupture of marital relations, the court may temporarily stop the claim. But do not refuse, but only offer reconciliation, and give three months for this (Article 22 of the UK). If the spouses have settled the conflict, the proceedings are stopped. In this case, either of the spouses can again make a claim, then the court returns to the consideration of the case and makes a decision.
If a one of the couple against, the plaintiff must describe in detail the reasons that made him go for a divorce, tell why the marriage broke up, what exactly prevents it from being restored. The court, having studied the materials, decides whether the joint life of this couple is possible in the future.
Evidence in such a case can be the committed offenses of the party (ill-treatment, violence, insults):
- witnesses (the plaintiff must request that witnesses be called);
- written evidence (certificates from the trauma center about beatings, police records) - they are attached to the case.
Divorce in any case will end in a positive decision. The only difference will be timing. If both parties agree, then the divorce will be obtained at the first hearing, if there is no agreement, several meetings will be held.
How to share children and property
Such issues are considered in parallel with the divorce process. During the process, one or both parties may demand from the court and (or) designate with which of the parents the child should remain subsequently, how and to whom the alimony will be paid.
If there is agreement on such issues or the spouses want to resolve these issues later, they can write in the lawsuit that they have no disputes or describe in detail to the court the essence of the agreements reached.
You can read more about the features of divorce with children in.
Reconciliation and rejection of divorce
The defendant has the right to apply for a temporary adjournment of the case in order to enable the husband and wife to save the family. The court meets halfway and usually gives a period to resolve the conflict (up to three months).
When the judge himself decides to resort to this procedure (the plaintiff, for example, does not speak very confidently at the hearing), then this period can be reduced only if both the plaintiff and the defendant apply to the court with this request.
Naturally, the conciliation period delays the case. Even if the plaintiff considers such a procedure unnecessary, there is a positive moment for him: it will be more difficult to challenge the decision in the case in a higher court.
The plaintiff has the right to refuse the dissolution of the marriage. It is valid until the court has retired to the deliberation room. The case ends with a settlement agreement, in which property can also be included.
Refusal of the claim does not mean that subsequently it will not be possible to dissolve the marriage. If the relationship between the spouses deteriorates, you can sue again. The divorce case is terminated (and the marriage, accordingly, is preserved) if, after the expiration of the period that the judge allocated for reconciliation, the plaintiff did not come to the meeting.
Deadlines for divorce
On average, the divorce process will require two to four court sessions (if either party is against termination). If the parties agree, the decision is usually taken at the first meeting.
The minimum period for filing a divorce is a month and 11 days. If the decision entered into force earlier than this period, it will be illegal.
The average processing time when the spouses agree to divorce is one and a half months and 1.5-3 months if someone does not agree, sometimes more than 3 months.
Circumstances that affect the processing time:
- norms of the Family Law (divorce is carried out not earlier than a month from filing a claim);
- norms of the Code of Civil Procedure of the Russian Federation (provide a period for appealing a court decision before it comes into force);
- the workload of the court and the degree of efficiency of the mail that notifies the parties;
- complaints about the illegality of judicial actions (they can increase the processing time by another 2 months);
- correction of errors and typos (increase the processing time by 1-3 weeks);
- failure of any party.
Cost of divorce through court
It is stipulated in the Tax Code of the Russian Federation (Article 333.19, clause 5). At the beginning of 2018, it is 650 rubles.
Both spouses pay this amount if:
- there is their consent to divorce, no children (minors), no property disputes;
- divorce is carried out in court.
It just so happens that in our country, almost a fifth of all marriages break up in the first three years of marriage. As a rule, during this period, spouses do not always have time to have children. Therefore, in most cases, an application is submitted to the registry office for divorce without children. But even in this case, when the spouses do not have any claims against each other, certain nuances are possible, which you need to know in order to divorce your wife competently.
It is necessary to gain courage and in a tactful manner, to calmly discuss everything that does not suit you, how long it has been happening, the prospects for further life together, as well as the opportunity to have time to start life from scratch.
You need to try to make the person agree with you. Then the divorce will happen by mutual agreement, without unnecessary stress. It will also be possible to maintain good relations and seek help from each other in difficult moments of separation.
How to divorce a spouse when there are no children, there is consent
It is easiest to divorce your wife when the divorce occurs without children and without a property dispute. In this case, you will need the following:
- Personal presence of the spouses (or a notarized statement of one of them);
- Statement of the established form in the registry office;
- Payment of state duty (one payment).
A sample application (on the form - form 8) for divorce in the absence of children can be taken directly from the registry office.
This application must contain the following information:
- the name of the registry office office where the application for divorce is filed;
- the address where the applicant lives;
- surname, name, patronymic of the spouses;
- date, month, year of birth;
- which country the applicant is a citizen of;
- passport data;
- Marriage certificate details:
- it is also necessary to enter the names that the spouses leave for themselves after the divorce.
Passports are required here (basic data are taken from them during the application process). The procedure for breaking off relations in this case will be completed in a month, after the spouses have written and registered the corresponding application.
The legislator has set such a period in case the couple suddenly changes their mind and decides to withdraw their application. It should be remembered that throughout this period the written document for divorce without children and property disputes should not change. Otherwise, you will simply be sent to court.
Consent and no children
In practice, cases are not uncommon when only one of the spouses needs a divorce, and the other in every possible way prevents the divorce through the registry office without children. This will definitely have to go to court. Regarding the documents that will be required to start the divorce procedure without children and without consent, their duplicates can always be obtained from the authorities where the originals were issued. To initiate a divorce proceedings in court, you will need:
- statement of claim - ;
- receipts for payment of state duties.
The law provides for the possibility of considering the case without the presence of the plaintiff, for this the corresponding desire must be reflected in the application. Under this option, the judgment will be sent to the plaintiff by registered mail.
It is worth noting that the division of property can be a subject of dispute, both during the divorce process and after its completion for three years.
Usually a divorce through a court without children, if there is no property dispute, does not take much time - from a month to three. It all depends on the position of the second spouse. It is important to understand here that the divorce of spouses without children can be extended in time due to a court decision to give the spouses time for reconciliation. The law allows up to three months for this.
If the second of the spouses completely ignores the court hearings, while being properly informed about them, a unilateral divorce without children is possible after the third failure to appear at the scheduled meeting.
Features of a unilateral divorce
The legislation provides for cases when only one person can write an application for divorce without children. The sample application in this case must contain a reason indicating the legally provided right, namely:
- the second of the couple is incapacitated;
- spouse (wife) are in prison with a sentence of more than three years in prison;
- the absent spouse has gone missing.
To file a divorce in the registry office without children, you need to provide a copy of the court decision with a note that itentered into forceand has not been appealed. Then the state duty will have to be paid in a smaller amount. You can find out the specific amount for a certain date by reading the relevant norm of the Tax Code.
In the case of a unilateral divorce, an application form (form 9) is filled in, how to fill it out, we will explain below:
- The full name of the division of the registry office is indicated, to which the package of documents for divorce is sent;
- The content of the application must include information about the intention to dissolve the marriage with the spouse, and his (her) full surname, name, patronymic;
- Data on spouses, as well as information on the last place of residence of the spouse, whose whereabouts are currently unknown (in case he went missing);
- The reasons for the divorce on the basis of which the applicant applied, as well as information about judgment on the recognition of a person as missing;
- Passport details of the applicant;
- Details of the certificate of registration of a previously concluded marriage.
If the application is written by the wife, then she must also fill in the column indicating the surname, which will remain with her after the dissolution of the marriage.
In case of incapacity of the spouse, it is necessary to indicate the address and full name. guardian.
If the spouse is serving a sentence of imprisonment, the details of the institution are indicated. in which it is located.
There is a property dispute, but no children
If there are no children in the family, and the spouses decide to leave, but they have a property dispute, this can be done in two main ways. The first is to file documents for divorce through the registry office, terminate the marriage, and then sue for the division of property. In this case, the litigation will be considered between two free citizens who are free to simultaneously equip their new family life.
But in most cases, when there is a dispute over property, the claim for divorce through the court without children is filed together with the requirement for the division of property. Then the divorce procedure without children can be significantly delayed, and the spouses will formally be married all this time and bear mutual obligations. Therefore, it is more expedient to initially file an application for divorce to the court, break off relations, and only then proceed to the division of the acquired property together.
Is it possible to simplify the divorce, make it quick?
Of course, the order of the divorce process without children with mutual consent greatly simplifies the task of formalizing and arranging later life. After all, you do not need to think about how to pay alimony, help a child in difficult times, or just be with your child.
You should strive to terminate the relationship through the registry office, and not through the court, since the latter option is longer in time and is accompanied by negative emotions and stress. Moreover, usually the court maintains a certain time for the spouses to make a final decision; clarifies all the details family life to confirm the impossibility of further existence of the family.
In order to reduce the terms of the divorce process in court, it is necessary to strive to reach a compromise, drawing it up in the form of an agreement with a notary, which will not allow one of the parties to refuse previously accepted agreements in court. On average, a divorce through the court takes at least 3-4 months.
It should be noted that the registry office can file a divorce without minor children, if there are still children in the family. In other words, if your children are over 18 years old, you also have the right to go to the registry office, apply and in a month receive a document confirming the break in relations.
For those who are afraid to get divorced because of child support, you should know another rule of law, according to which you can issue child support without a divorce. So you won’t be able to get away from the maintenance of your child, if you wish the second of the spouses.
In what cases will a divorce be made as quickly and freely as possible?
1. The presence of mutual consent of the spouses to file for divorce;
2. If the spouses live separately for a long time and there is evidence of this;
3. absence of children, or the age of children exceeded 18 years;
4. Husband or wife is serving a sentence of imprisonment;
5. One of the spouses has been declared legally incompetent by the court.
How much does a divorce cost in 2020?
The price varies depending on the city. in which a statement of claim is being prepared and the status of a law office. We suggest focusing on the following numbers:
Preparation of a statement of claim with a package of documents - 5 - 7 thousand rubles;
Representation of interests and their protection at a court hearing - 10 - 15 thousand rubles;
Appeal of a decision made by the court - 5 - 7 thousand rubles.
Given the negative aftertaste that remains after the decision to break off relations, it is advisable to initially find for yourself the best option for the legalization of this process so as not to injure yourself and your ex-spouse (wife). Everything happens in life, it's better to stay in the distant, but good relations, after all, little will turn fate in the future.
It's even better to hear each other's complaints, try to change both of them and save the family!