Married couples who decide to divorce face a variety of challenges. Of course, first of all, these include questions of a personal nature. Then a more serious problem arises. You need to know how an application is drawn up, where it is submitted, what other documents will be needed for a divorce through the court, how this unpleasant procedure can be simplified. In fact, everything is extremely simple.

What documents to file for divorce?

If both parties agree with the dissolution of the marriage, if they do not have common minor children, the divorce procedure through the court is not needed. Spouses need to fill out a ready-made application form at the registry office, pay the state duty and come to the registry office on the appointed day. A month later, a certificate of divorce will be issued to each of the parties. The fee is 400 rubles.

You can also apply to the registry office in the event that one of the spouses is recognized by law as missing, incompetent, or is convicted of a crime and imprisoned for a period of more than three years. Marriage is terminated upon consideration of the submitted application of the husband or wife. In this case, the act of having minor children plays absolutely no role. The state duty is 200 Russian rubles.

For certain reasons, one of the spouses may interfere with the divorce. In this case, the documents will have to be submitted to the court, even in the absence of minor children or any property claims.

The petitioner must be filed by the person who initiates the divorce. It is compiled in accordance with a certain form. If the document is drawn up correctly, the terms of the divorce process will also be noticeably reduced.

The size of the state duty when applying for the division of property depends on the amount of the claim. They are established on the basis of Article 333.19 of the Tax Code of the Russian Federation.

Before submitting an application, you should prepare and attach copies of the following documents to it: marriage certificates, extracts from the house book, birth certificates for children, receipts for payment of state duty, a statement of claim containing information on the amount of property, and documents confirming it ownership. Accordingly, the package of documents is not so large, so there is nothing complicated in the procedure for collecting it.

The statement of claim, when filed with the court, is signed personally by the plaintiff or his legal representative. In the latter case, it is also necessary to provide a power of attorney issued in the name of the authorized person.

And one more nuance. The final composition of the package of documents for divorce is determined in court. For example, you may need not one extract at the place of residence, but two - from both the defendant and the plaintiff.

Where are documents submitted?

If at the time of filing the application, the spouses do not live together, they may have questions about which court to submit the claim to. After all, the options may be different - the court at the place of residence of the plaintiff or the defendant.

In the first case, minor children must live with the plaintiff, or his state of health does not allow him to come to the meeting.

Joint application for divorce filed through the court

So, the documents for filing for divorce when jointly decision are submitted to the registry office, however, a simplified divorce procedure for common children who have not reached the age of majority is not possible. Therefore, the application signed by both spouses is accompanied by an agreement on participation in the maintenance and upbringing of the child, certified by a notary. Divorce through the court with children in this case will also take place according to a simplified procedure. Copies of passports, TIN, receipts for payment of state duty and marriage certificates should also be attached here.

Petition for divorce

Marriage is voluntary, just like divorce. If one of the spouses tries to prevent the dissolution of the marriage, it is necessary to file a claim. It must comply with all requirements established by the Civil Procedure Code. The application must include passport details, phone number and address (of both the defendant and the plaintiff). In addition, the surname that will remain after the divorce proceedings must also be indicated. After that, documents for divorce through the court are attached to the claim and the court fee is paid. The procedure is, in general, quite simple.

Divorce suits are most often filed at the place of residence of the defendant. Although, when maintaining a minor child, you can also apply to the court of the district in which the plaintiff is registered.

Documents for divorce through the court are a standard set: a copy of the passport, a copy of the TIN, a marriage certificate, a birth certificate, a receipt for payment of state duty and all necessary documents for the defendant.

How to make an application correctly?

It is pointless to argue with the fact that the Internet is able to help a person in solving any issue. Divorce, documents, application and other nuances related to the divorce process are no exception. There are many hints to be found here. For example, sample application. However, downloading it and sending it to court does not solve the problem. As a rule, the judge puts such initiative aside or simply returns it to the plaintiff. Therefore, the help of a lawyer in this matter is essential.

Divorce procedure through the court when filing a joint application

All documents are collected. How does the divorce process go? How to file for divorce when a couple has a child? Nothing complicated. You just need to draw it up and submit it to the court along with the contract, which will indicate which parent the child will live with, and what participation in his life will be taken by the spouse who will live separately.

Do not forget that ten-year-old children are always asked who they want to stay with. From the age of 14, the child makes such a decision independently.

Everything collected documents necessary for divorce are considered by the court within a month from the date of filing. After the meeting, a decision is made to dissolve the marriage.

Divorce when filing a lawsuit

As already mentioned, if a husband or wife tries to interfere with the spouse's decision, drastic measures must be taken. An experienced lawyer will definitely tell you how to apply for a divorce, help you draw it up in accordance with all the requirements of the Code of Civil Procedure. The main thing is not to make a mistake with the choice of a true professional.

Next, it is determined which court will be provided with documents for filing for divorce. The text of the application must contain its address, as well as the data of the defendant and the plaintiff. In addition, it is necessary to indicate all the circumstances of the case. That is, when the marriage was concluded, are there any children, and with whom will they live, why are the spouses going to divorce. Next, the surname that the plaintiff will leave for himself after the dissolution of the marriage is indicated. They also pay court fees. The claim is accompanied by a receipt and copies of all necessary documents.

Copies for the defendant are also attached to the claim. It remains only to indicate the date of submission of the application and sign it.

How soon will the marriage be dissolved?

Documents for divorce through the court must be submitted to the office of the relevant court or sent there by mail (a valuable letter with notification).

After the decision is made, it is sent to the registry office. Here, both parties are issued a document certifying the dissolution of the marriage.

How much does a divorce cost? It is difficult to name a certain amount. It all depends on the cost of the services of a lawyer, on the duration of the filing of a claim, on the amount of the state fee, depending on the type of application made.

It is issued in triplicate - for the court, the defendant and the plaintiff.

Some features of divorce with minor children

The main nuances of this process, of course, have already been described above. However, there is another point. In addition to a certificate from the housing authority and other necessary documents, the presence of a child at the divorce proceedings is desirable if his age is from 10 to 18 years. His written consent to live with either parent is considered only in extreme, exceptional cases.

If you need alimony...

The documents required for a divorce, with claims for the payment of alimony, must also include in the general package also certificates of earnings and other income of the defendant. A professional lawyer will also be the best help in drafting such a statement.

In general, as soon as the spouses decide on a divorce, they should immediately tune in to the lawsuit. Having drawn up an application, a sample of which can be found in any law office, all that remains is to pay its cost, having coordinated it with your lawyer.

It is also advisable to submit a certificate from the place of work of the defendant, which will indicate his average salary. If it is not provided, it will still be requested by the court. Once all the documents are collected, the plaintiff can only go to court to file them.

Then you have to be a little patient. After receiving the summons, you must come to the court and find out everything about the decision on alimony. Next, the plaintiff receives a writ of execution in his hands, which must be submitted to the bailiff service. They will be collecting child support. As a rule, the sheet is submitted at the place of work of the person from whom payments are required. The amount of alimony payments is withheld from wages defendant.

So, there is nothing complicated in collecting documents for divorce. The most important thing is to deal with all the subtleties, nuances, questions. There is no doubt that they will not cause any difficulties.

Unlike wedding chores, in which only passports are required from the newlyweds, a whole is needed to dissolve the marriage.

It is not large enough to cause problems during normal times of preparation. In difficult emotional state, which accompanies divorce, even elementary rules are more complicated than initially.

To simplify the procedure, consider the list of basic documents required at the stages of preparing and conducting the divorce process.

What documents do you need to bring for a divorce at the registry office

To start, spouses should provide passports (originals) and fill out an application for divorce in the presence of a registry office employee. You must also bring a marriage certificate with you in order to enter its details in the application being made.

When, if the second spouse is incapacitated, missing, convicted and is in a correctional institution, the corresponding court decision is also added to the list of documents.

For the final dissolution of the marriage (one month after writing the application), a receipt or check confirming the transfer of funds for payment, both passports and a marriage certificate should be presented at the registry office.

The receipt and marriage certificate will be taken away, giving the former spouses one copy of the divorce document each. Passports are needed for identification, after which they will be given back.

What documents are required in court

It is advisable to clarify the list of required papers immediately before contacting a specific judicial authority. Features of local office work sometimes lead to differences in the list of required documents for different areas.

When you always have to provide:

• birth certificates for each child;
• claimant's passport.

Depending on the circumstances of the divorce, the following documents will be needed:

• power of attorney to represent the interests of the plaintiff by a trustee (lawyer);
• documents confirming the property rights of the spouses;
• extracts from the house book;
• certificate of the defendant's income (when determining the amount of alimony).

Since some papers are difficult to obtain without the consent of the other spouse, the court will have to file a petition for their recovery. The number of extracts that the court can request in particularly complex marital disputes is very large.

You should not try to find all the documents yourself - sometimes you just need to rely on the judicial body, which plays a leading role in resolving marital disputes.

The issue of divorce in the Family Code is devoted to 5% of the articles allocated in 2 chapters, in addition, there are many nuances in each individual case, so I will not be able to fully disclose this topic. Mine is only to give a brief guide by which only the main points can be determined. For more information, it is advisable to read the code itself or seek the advice of a lawyer.
Marriage can end for various reasons, all of which are listed in the Family Code. I will tell the readers of MirSovetov only about one of them: the dissolution of a marriage upon an application that may come from one of the spouses or from both at the same time. The procedure for dissolution of marriage can be carried out either by the staff of the registry office, or in court.
Let's start with a faster and simpler procedure, it is called administrative and is carried out by the registry office. This is possible for spouses who do not have joint minor children and with their mutual consent. Spouses submit a joint application (or one writes it, and the second one signs outside the registry office and notarizes his signature). When applying, you will need to provide a marriage certificate, an identity document (passport), a receipt for payment of state duty. After due date in one month you come to the registry office and receive a certificate of divorce, after confirming your intention to divorce, and the mark “marriage terminated ...” will appear in your passport. This is where it all ends, but keep in mind that if you need to divide the jointly acquired property, you should go to court if you have not concluded a prenuptial agreement and cannot resolve this issue on your own.
The second method - divorce through the courts - is more complicated, if only because it applies to spouses who have children together, and it is also applicable if one of the spouses refuses or evades a divorce. It is important to know that before the child reaches the age of one year, without the consent of the mother, the marriage cannot be terminated even through the courts.

What to consider when applying

It makes no sense to go into details if it is a matter of disagreement or evasion of one of the spouses (if he does not appear in court, he will simply take time, and at the third court session the marriage was dissolved without his consent). But those who have children should think not only about filing a divorce, but also about their future life.
Together with the application for divorce, immediately prepare and file about, if necessary, and be sure to raise questions about who the children will live with, who and in what part will pay child support. This should not be postponed until later, re-applying to the court will lead to additional loss of time, nerves and money. Recovery is a separate topic, so I will not go into the details of this issue. But I would like to note that by completely abandoning his decision, you can harm the child in the future, not to mention the fact that you deprive him of additional opportunities to which he has every right, receiving material support from the second parent before coming of age.

Who pays the divorce fee?

In order for your application to be accepted for consideration, it is necessary to pay the state duty, in what amount to pay it, the employees of the registry office will tell you. According to the law, if the dissolution of the marriage occurs by mutual agreement of the parties, as well as when, the state duty is charged from both spouses in the amount of 400 rubles each. In the event that one of the spouses, by a court decision, is declared missing, incompetent, or convicted for more than three years, the state duty is charged only from the spouse who filed an application for divorce in the amount of 200 rubles.

I'm going to court

After all the documents are collected and 1 month has passed from the date of filing the application, a court session will be held on the place, date and time of which you will be informed by summons. During the court session, you will be asked questions of such a nature as: what caused the discord, who is to blame for it, and whether there are ways of reconciliation. According to the answers to them, the court will decide to dissolve the marriage immediately or give time to think. Also, if you have attached claims for the division of property and the establishment of maintenance obligations, these issues will also be resolved.
I want to note for MirSovetov readers that you can independently draw up agreements on the division of property, on who the children will live with after the divorce, and, if necessary, the procedure for meeting the second parent with them, and submit to the judge during the process for approval and giving them legal status . The court will consider your agreements and, if they do not contradict the interests of one of the parties or children, it will approve them or make its own amendments, which you will be warned about.
To resolve the issue of establishing the amount of alimony, it will be necessary to submit to the court a certificate of income of the spouse who will be obligated. In addition to alimony for the maintenance of children, the question of the maintenance of an adult may also be raised, for example, if a woman is on parental leave or did not work during the marriage in order to run the household.
After consideration of the case by the court, a decision is made, which may be one of the following:
- to dissolve the marriage;
- refuse to satisfy the claims;
- postpone the proceedings and set a time limit for reconciliation of the spouses (and if the spouses reconcile after this period, close the case).
The court announces the decision in the case parties concerned about an hour after the hearing. If a decision is made to dissolve the marriage, then after it comes into force, and this happens after 10 days, the court sends a resolution to the registry office, on the basis of which a certificate of divorce will be prepared and issued. Accordingly, if you do not agree with the decision, then within 10 days you have the right to file a claim for its cancellation and a new consideration of the case.

We receive divorce papers

To obtain a divorce document at the registry office, you will need to provide a court decision and your passport, each of the spouses receives their divorce certificate at the place of residence or at the place of marriage registration. This document will say: between whom the marriage was dissolved, what surname you, the recipient of the document, had during the marriage and after its dissolution, the grounds for the termination of the marriage, the date of dissolution, the date of issue of the certificate, the number of the termination record.
I want to draw your attention to the marriage certificate, which was issued in only one copy at the time. It is not withdrawn, but simply repaid, and a woman may need it in the future, this is due to the registration or dissolution of marriage, and situations may well arise when you need confirmation that “You are in the past” is the same person as “You are in present." For example, I encountered this when it seemed to be a very simple issue - registering a child at the place of residence. This process, in the absence of a marriage certificate, which was terminated long ago, dragged on for us for 3 months instead of the prescribed 10 days. Also save on your case, if necessary, they can be restored by submitting a request to the archive of the court in which the case was considered, but this will take some time.

Life goes on

The divorce is over, you have all the documents confirming the new social status“divorced”, and life does not stand still, it still moves forward, sometimes pulling us too quickly into the maelstrom of new events. I advise you not to plunge for a long time into the abyss of thoughts about why everything turned out this way and not otherwise. Maybe it's fate, maybe you met the wrong person, or maybe you were just not ready for family life, all this is already “past”, and you have a long and happy future ahead of you, which is worth thinking about, dreaming about and setting appropriate goals.

Natalya Kaptsova

Reading time: 10 minutes

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As you know, divorce is a very difficult situation from a moral point of view. No matter how calm the former spouses may seem, both of them, one way or another, will experience psychological stress. On the legal side, the divorce procedure can also be quite complicated - especially if the couple managed to acquire common property and have children.

Divorce procedure

When a situation arises in a family that a divorce is inevitable, very often the spouses do not know where and how to file for divorce.

The questions of how to write an application, what documents will be required for this process, and how long the divorce procedure takes are also causing difficulties.

Keep in mind: if the spouses came to such a decision by mutual agreement, and the couple does not have minor children in common, then the marriage is dissolved after a written application from the couple in the registry office, without a lawsuit.In the same way, a marriage is dissolved if one spouse is convicted by the court, having received a prison term of more than 3 years, if one spouse has disappeared without a trace, or has been declared incompetent.

Under the same conditions, both spouses - or one of them - can file for divorce through the website of the State Service.

In all other moments, the dissolution of a marriage is carried out through a judicial procedure (according to the Family Code of the Russian Federation, Article 18).

• If only one of the spouses wants a divorce , and the property jointly acquired by the couple does not exceed the value of 100 thousand rubles, if one spouse does not come to the registry office, not agreeing to a divorce, then such marriages are terminated through a justice of the peace (according to the Family Code of the Russian Federation, articles 21-23).
• If the couple already has minor children , or in cases where the property of the spouses exceeds 100 thousand rubles in value, the dissolution of the marriage occurs through the procedure in the district court (according to the Family Code of the Russian Federation, articles 21-23). All property or other disputes of divorcing spouses are considered only in court (according to the Family Code of the Russian Federation, Article 18).

The termination procedure itself begins with the filing of a joint statements spouses — or with a statement from one spouse. This application must be submitted to the registry office or to the world court, district court located at the place of passport registration (registration) of the defendant.

However, there are special exceptions in Russian legislation when an application for divorce can be submitted at the place of passport registration, the place of residence of the spouse - the plaintiff.

• Divorce occurs after 1 month , counting from the date of filing an application for divorce with the registry office.
• If the spouse is pregnant , or if a woman has a child under the age of 1 year, the court does not accept an application for divorce from her spouse (according to the Family Code of the Russian Federation, article 17). The spouse can file her petition for divorce (dissolution of marriage) with the court at any time, without restrictions.
• Usually, court hearings of divorce proceedings are open . In some cases, when the intimate aspects of the life of the spouses will be considered by the court, court sessions may be closed.

If disputes of former spouses about children or jointly acquired property arose during the court process, the judicial divorce proceedings can last from 4 to 6 months.

Stages of the divorce procedure

• Collection of documents necessary for the divorce procedure.
• Direct submission of a properly drawn up application for divorce (dissolution of marriage), the necessary documents to the registry office or to the court.
• The presence of the plaintiff at the hearing; notification of the defendant about each court session.
• If the court determined the spouses a month to reconcile the parties, but then the spouses did not appear at the court session on their divorce claim, then the court has the right to annul this claim and recognize these spouses as reconciled.

Documents required for divorce

Application to the registry office or court . The application of spouses or one spouse is submitted only in writing (in a special form). In this application, the spouses must confirm that they voluntarily agree to the dissolution of this marriage, and also that they do not have minor children (common).

V application-claim, which is submitted to the registry office must be indicated:

• Surnames that spouses leave to themselves after a divorce.
• The date the application was written.
• Signatures of both spouses.

V statement of claim filed by the plaintiff in court, must be specified:

• Passport data of both spouses (name, date of birth, place of birth, registration, actual place of residence, citizenship).
• Data of the document on registration of marriage of spouses.
• Reasons for divorce.
• Information about claims ((children), division of joint property, dispute on determining the place of further residence of a minor child (children), etc.).

Application to the court filed at the place of permanent residence (registration) of the defendant. If the respondent spouse is not a citizen Russian Federation, or does not have a place of residence in Russia, his place of residence is unknown, then the statement of claim by the plaintiff is filed with the court located at the place of the last residence of the defendant in Russia, or at the place where the property of the defendant is located. The claimant's application for divorce is accompanied by the passports of the spouses, their copies, a marriage document (marriage certificate of the spouses).

If an application for the dissolution of the current marriage by the spouses is submitted to the world court, district court, then the following documents are required for it:

• Copies of the original statement of claim for divorce (by the number of defendants, third parties).
• Bank receipt for payment of the mandatory state fee for the divorce procedure (details are specified in court).
• If a representative acts for the plaintiff in court, it is necessary to submit a document or a power of attorney that certifies his authority.
• If the plaintiff makes any demands, all necessary and important documents confirming all the circumstances, as well as copies of these documents for all defendants, third parties, must be attached to the divorce application.
• Documents that confirm the implementation of the pre-trial procedure for the settlement of this dispute.
• The plaintiff must write sum of money, which he intends to receive from the defendant (necessarily - copies according to the number of defendants in court).
• Marriage document (or its duplicate).
• In the case of common minor children, the spouses - the birth documents of children (certificates), or a copy of the birth document (certificate), certified by a notary.
• An extract from the ZhEK at the place of residence of the defendant's spouse (from the "house book"). In the course of the trial, in some cases it happens that an extract from the ZhEK (from the "house book") of the plaintiff himself is also necessary.
• Certificate of income of the defendant (if the court is considering a claim for alimony).
• If the defendant agrees to the divorce procedure (dissolution of marriage), it is necessary to provide his written statement about this.
• Spouses agreement on children (if required by the claim).
• (if the claim requires it).

The list of documents that must be provided before the divorce process may be different - it depends on the requests of a particular judge, his requirements. The list of required documents is not approved by the judicial legislation, so it varies.

The divorce procedure will begin by the court only in the case of a complete set of necessary documents, the list of which the plaintiff can find out even before submitting his application to the court, before the divorce process.

In some cases, the court may require additional documents - the plaintiff and the defendant will be notified in court about this.

What if the respondent spouse does not appear in court?

If the respondent spouse does not come to the scheduled court hearings on the divorce proceedings, then It is also possible for the plaintiff to obtain a divorce - even if the spouses have minor children:

• If the defendant cannot, for his own reasons, be present at this court session dedicated to the divorce proceedings, he has the right substitute a representative by issuing a power of attorney to a notary. The plaintiff has exactly the same right to a representative in court.
• If the defendant has valid reasons for which he cannot appear in any way at one of the hearings on the divorce proceedings, he must submit an appropriate application to the court, then the divorce proceedings will be postponed for some time.
• If the defendant does not come to court hearings on the initiated divorce proceedings, then the dissolution of the marriage will take place without his presence at this divorce court session.
• If the defendant had good reasons not to come to the court session, he could not inform the court about them in time, but it took place in his absence, dissolving the marriage, then subsequently the defendant's spouse may apply to set aside the judgment . The spouse can file this application within a week (seven days) from the day from which he received a copy of the court decision on the already completed divorce. The decision of the court on the completed dissolution of marriage can also be appealed in cassation.
• If the respondent spouse fails to attend scheduled divorce hearings, the divorce process in time may increase by another 1 month .

How to File a Petitioner for Divorce if the Respondent Spouse Opposes Divorce

Often the divorce procedure becomes very a difficult test for both ex-spouses and for their environment. Divorce is almost always accompanied by property disputes, or disputes about children.

• If the defendant is against the dissolution of the marriage , it is not at all necessary for him to evade participation in court hearings, because he can also at a meeting declare your disagreement with the divorce , asking to determine the period for the reconciliation of the spouses. Ultimately, the decision remains with the judge - if he is convinced of the sincerity of the desire to reconcile, the further process may be postponed for another period (maximum - 3 months).
• If the plaintiff insists on divorce arguing their unwillingness to put up with the defendant, this period may not be so long. The spouse is the defendant and after that can again file a petition with the court for reconciliation of the parties.
• If the spouse is the defendant against divorce , therefore, he deliberately, deliberately evades attending court hearings, the judge can make a divorce decision in absentia at the third meeting.

What should a woman do if her husband is the defendant against the divorce?

First of all, it is necessary to draw up a competent statement of claim - in this case, it is better to contact a qualified lawyer for help.

Property disputes, disputes about children are best resolved in one judicial divorce process - these claims must be filed at the same time as the divorce application.

• woman necessary pay the state divorce fee without waiting for the spouse to pay.
• The court session is scheduled approximately one month after the date of filing the application by the plaintiff . The plaintiff must be present at the meeting, answer the questions of the judge, argue his desire to get a divorce. In the absence of additional circumstances, the decision on divorce can be made by the judge at the same meeting. If such circumstances nevertheless arose, the judge may decide to give the spouses time for reconciliation.
• For a spouse to pay child support , the plaintiff must submit to the court a certificate of his income. If the wife did not work during the years of marriage, taking care of the household, or if she is in maternity leave, does not work and takes care of a small child, she may demand alimony from the defendant for her own maintenance.
• If anyone from former spouses I do not agree with the decision of the world, district court , then within ten days after the issuance of a certificate of divorce, he can file a lawsuit to cancel this decision, to consider the divorce case again.

For obtaining a divorce certificate (divorce), each of the already former spouses must submit to the registry office located at the place of passport registration, or at the place of registration of this marriage, a passport and a court decision.

The divorce procedure through the registry office is the fastest and most easy way dissolution of marriage between spouses. That is why it is the most popular.

A month after the spouses left the documents for divorce at the registry office, they will be able to free themselves from family ties. may take much longer.

Does the registry office always breed?

According to Article 19 of the Family Code of the Russian Federation in the registry office, spouses can only dissolve their marriage in two cases:

• if the decision to break the marriage bond is mutual,
• if in marriage they did not have time to acquire common children.

In the same article of the RF IC, the legislator provides for three more reasons when a marriage can be terminated in the registry office, and at the request of only one spouse:

• if the second spouse is declared dead or missing by a court decision,
• if he has lost his legal capacity, and this is confirmed by a court decision,
• if he is sentenced by a court to serve a real term of more than three years in a correctional institution for committing an unlawful act.

In all other cases, only the judge can dissolve the marriage, after filing the appropriate statement of claim.

If between the spouses, despite the mutual agreement to terminate the marriage, there are unresolved issues of a civil nature - most often these are disputes about joint property, then they will still have to be considered in court. To do this, after the divorce in the registry office, you need to file a lawsuit with a magistrate or in a city or district court.

Which registry office to contact

Spouses will be able to submit documents for divorce at the registry office to one of the territorial departments of this body: at the place of residence of one or the other spouse or at the one where their union was previously registered. Here everything is decided by the convenience and accessibility of the institution for divorcees.

There are situations when one spouse under no circumstances manages to appear for a divorce. Then the legislator gives him the opportunity to write an application for divorce outside the walls of the registry office and transfer it through another spouse, or send it by mail. But there is important condition: The signature of this absent spouse on the application must be endorsed by a notary. And if this spouse is in prison, then the head of the relevant correctional institution.

Not every reason for not appearing for a divorce will be considered by the registry office employee as valid, but only the following and similar ones:

• due to serious illness
• due to being in military service,
• due to leaving on a long business trip over a long distance,
• due to living in a remote area,
• in view of serving a term of imprisonment.

How to apply for divorce through the registry office

To dissolve a marriage on the basis of Article 33 of the Federal Law "On acts of civil status", by mutual consent of the husband and wife, you need to fill out Form No. 8. It should indicate:

• Name of both spouses
• date of birth,
• Place of Birth,
• citizenship,
• nationality,
• residential address,
• passport details,
• information about a previously registered marriage,
• and also, what surnames will remain with the spouses after the divorce.

The application is signed by both spouses. Either everyone fills out and signs their application, but they must be identical.

Blank Form No. 9

If you file for divorce without the presence of your husband, because according to the court, he is recognized as deprived of legal capacity, missing or sentenced to a real term of imprisonment for more than three years, then you need to fill out a form in form No. 9, in accordance with Article 34 of the Federal Law “On acts of civil status”.

This form contains similar information about both spouses, as well as information about the relevant court decision. A copy of the decision must also be attached. If the husband is serving his service in places of deprivation of liberty, then it should be indicated exactly where. Then the applicant must indicate which surname she wants to receive after the divorce, and signs the application.

An application form No. 10 in accordance with Article 35 of the above federal law is submitted to the registry office when the decision on divorce has already been made by the court, it only needs to be registered and a divorce document received. You can find a sample of any of these applications for divorce through the registry office at the end of our article.

If the application for divorce is drawn up correctly, then the registry office specialist assigns a registration number to it and sets the date and time of registration of the divorce, which is noted at the top of the form.