Everyone knows that divorce is a psychologically stressful and morally exhausting affair. Everyone also knows that the process takes place in a judicial proceeding. But not everyone is aware that it is not necessary to come to the court to get divorced in some cases; it is enough to visit a special agency that registers birth, death, marriage and divorce. So in what cases you need to go to court, and in which in the registry office? And what documents do you need to collect for a divorce through a registry office? And if there are disputes regarding minor offspring and property acquired by both spouses together? And are there any differences in the list of documents that are sent to the registry office in the capital and in other regions of the Federation? We'll figure out.
What does the letter of the law mean?
So, they go to court in cases when someone’s right protected by law is violated or infringed. The court, by its final decision, restores this violated right. Or there is a dispute between citizens, which cannot be resolved in any way without the intervention of third parties, especially state bodies. There are other cases when it is necessary to apply to the court, but they have a very distant relation to the topic of the article, which documents on which documents to divorce through the registry office, so we will not touch on them here.
When to the court, and when to the registry office?
Which body to contact depends on the will of the spouses themselves. And the key point here will be the desire to divorce, the ability to negotiate among themselves, as well as the presence of joint children and property. If a man and a woman are quite capable of independently agreeing between themselves and resolving issues related to the division of property, then documents are collected for divorce through the registry office. If there is a child, then in order to protect his property and non-property rights and interests, it is necessary to prepare a package of documents to the court. In the registry office, divorce is easier than in court. To obtain freedom from the spouse, it is enough to collect all the documents provided for by the instructions of the body for divorce through the registry office. If the property cannot be divided independently, and, moreover, it is impossible to agree on the residence of children, then the existing dispute will be decided for the spouses by a government official dressed in a mantle.
What documents are provided to the registry office to obtain a divorce?
We found out in which cases you need to go for a divorce in the registry office. Now about what documents for divorce through the registry office need to be provided. The list is as follows:
- application in the prescribed form;
- original document on the conclusion of a marriage union;
- a document that confirms the payment of state duty (at the time of writing, it amounts to 650 rubles, and the specified amount is charged from each of the divorcing spouses);
- passports.
The law determines that spouses with minor children terminate the marriage bond in a judicial proceeding. The rule applies to couples who have common minor offspring or adopted. Children who have come of age or from previous marriages will not be an obstacle to the dissolution of the marriage. If there is a child, then documents for divorce through the registry office are sent to the court at the place of residence of one of the divorcing spouses.
Divorce in the registry office without the second half - is this possible?
It should be noted that there are cases when it is possible to divorce in the registry office even in the absence of a second spouse. The legislator defined the following situations as follows:
- One of the spouses was found missing in court.This means that until the decision was made, he was absent from the place of permanent residence for more than six consecutive months, and his relatives did not have information about his location.
- One spouse is legally incompetent. Again, confirmation of incapacity should be the appropriate court decision.
- One of the spouses was sentenced to imprisonment for a term of more than three years.
If one of these situations exists, documents are provided for divorce through the registry office. If there are minor children, copies of certificates proving their birth are additionally provided.
The list is as follows:
- passport;
- document confirming payment of state duty;
- a court decision declaring missing or incompetent, or a court verdict;
- statement.
How is the termination mechanism in the registry office?
The termination of the marriage union both in the registry office and in court does not occur immediately. To verify the decision, the court gives a period for reconciliation of the parties, which cannot be less than one month. And in the registry office, a divorce document is issued after the expiration of a month, counted from the date when the application was submitted. Moreover, in the registry office, an application with documents is accepted, provided that there is general consent of the spouses at the time of application. To obtain a document certifying a divorce, the spouses must appear at the registration authority together.
Are there differences in the list for different regions? What documents are needed for a divorce through a registry office in Moscow?
The list of documents for divorce provided to the court or the registry office depends on the specific situation (presence of children, individual reasons for breaking the relationship) and does not depend on the territory of residence of the spouses. In Moscow, the list of documents for divorce in the registry office and in court will not be any different from the list of documents provided, for example, to the courts of the city of Sevastopol.
Documents for divorce through the registry office in Voronezh also do not differ from the list of securities provided to other cities of the country.
To competently file a divorce, as well as to receive qualified answers to numerous questions about the divorce procedure, it will not be superfluous to contact a lawyer or lawyer. Specialists will answer not only all questions related to divorce, but will also provide legal assistance in the preparation of documents and represent interests in court if necessary.
