Documents for divorce through registrar. Form, sample application

Termination of marital relations due to parting occurs today in almost every fifth couple. As you know, a divorce for today can be issued in two instances: in court and registry office. If the wife and husband want to conduct a divorce procedure and have no claims to each other, they have no property disputes and disagreements over the children, then it is possible to divorce in the shortest possible time and with minimal red tape through the registrar's offices. In this article we will consider the grounds that give the right to file for divorce, documents for divorce through the registry office, as well as other nuances and features.

Grounds for divorce through registry office

It should be noted that one desire to terminate their marriage through the registry office is not enough. To apply to this institution, you need three reasons:

• The general decision of the spouses to stop marital relations. That is, if someone is one of them will be against the divorce, then submit to the registry office will not work. It will be necessary to get divorced only through a court of law, which will, of course, be a bit more complicated.
• If the divorcee has children under the age of 14, then a divorce can be obtained only through a court. Therefore, a divorce in the registry office is possible only if the couple do not have children.
• Each of the five minutes of the former spouses must be present personally in the divorce proceedings. Therefore, if a person can not personally participate in divorce, he will again have to go to court, since a representative can participate in litigation, and a spouse can not even appear there.

Exceptional cases

If one of the spouses is convicted for more than three years for any crime, he was found incompetent or he is considered missing, then by way of exception another spouse can file documents for divorce through the registrar's office on his own initiative.

Procedure for divorce

A statement of intent to divorce is submitted to the registry office where the spouses reside (or one of them). To submit such a document can both the husband and wife together, and one of them. For a simplified procedure for a divorce, there are certain conditions. If the husband and wife have made a general decision to divorce, then they submit the application together. In this case, the procedure is quite simple. If one of the spouses lives in another region and can not appear for objective reasons in this registry office (illness, business trip), then he has the authority to apply to that office of the registry office, where he is. There he applies for a divorce, which must first be notarized. After filing such a document, he is sent to that registry office, where the divorce proceedings are being considered.

Required Documentation

If the spouses have made a mutual decision to part and have submitted a joint statement on divorce, what documents for divorce are made yet? It:

• The passport of each of the spouses (you can copy);
• Marriage certificate;
• Receipt of payment of state duty.

When can I not apply to the registry office?

To be able to divorce under a simplified scheme, the couple should not have joint children. If there are adopted children, then the divorce procedure through the registry office will also be impossible. If there are no children, then the employees of this institution register the dissolution of the marriage and issue a certificate of this to the former spouses. When issuing these documents, one of the former spouses must be present.

Application for divorce: sample

In different registry offices, some of its rules may apply to the divorce application, but in general the statement specifies such data of both of the supergougs:

• FULL NAME;
• Date of Birth;
• The place where the wife and husband were born;
• Their citizenship;
• Place of residence;
• Nationality (you can fill in this field at will);
• Passport information.

Other data

In addition to these data, the requisites from the record of the marriage certificate are indicated. After this, the request for a divorce process should be stated. In addition, the spouses must indicate which name will be in each of them (you can stay on the one that was after the marriage or return those that were before their wedding). It is desirable that the text of the application be placed on one page (A4 format), and also the spouses must necessarily put their autographs on it. Usually, the divorce form through the registrar can be obtained at each department of this instance. The reason for why you decided to get divorced, you do not need to specify in the application.

Nuances in exceptional cases

If you are getting divorced from an incompetent person, then you should also indicate the place of residence of his guardian. If the husband (wife) is in prison, then the registrar's office should be informed about the place of the institution where he is serving his sentence. In this case, the registry office will notify the other spouse about this divorce.

Payment of state duty

When applying, the spouses will have to pay the state fee. If you come to a mutual agreement to divorce, with a joint application for divorce through the registrar, the state fee is confiscated in the amount of 400 rubles (each paid by each spouse). If one of the spouses intends to divorce (which is possible only in some cases, we mentioned them above), then the state duty will be 200 rubles.

Divorce dates

Divorce is a serious step. Often in young couples, this decision is made on a hot head, under the influence of a surge of negative emotions. In this regard, the law set the time for the divorce through the registry office. After the documents for divorce are filed through the registry office, the spouses are given a month to think about such an important decision. As practice shows, some still take the application for divorce within a month's time. If it is not possible to reconcile, then, in the absence of any disputable moments between the spouses, they are bred and issued the appropriate certificate. At the same time, it should be remembered that if you file a divorce through a registry office, the state duty will be paid in any case. It also happens that during this period some disagreements will be clarified, which will have to be decided only in court. In this case, the date of dissolution of the marriage shall be submitted before the court makes a decision. At the same time, the Family Code quite admits that at first the spouses can divorce, and then divide the property through the court. Moreover, the former husband and wife may be sued for three years after the divorce proceedings to file a lawsuit for the sharing of all "acquired good".

Certificate of divorce

Naturally, after all the necessary documents for divorce through registrar filed and passed a month's deadline, the couple must be dissolved. As a result, they receive a certificate of divorce. It should be noted that this is a very important document that will be needed when performing certain legal procedures. It, for example, will be required when:

• The conclusion of a new marriage;
• Change of surname;
• Registration of child allowances;
• Registration of real estate, etc.

Summarize

As we found out, divorce through the registry office is a simpler procedure compared to divorce through court. However, some rules still have to comply. Having learned how to write a divorce application , a sample of which must comply with strictly stipulated rules of the law (with the exception of nuances), you will easily cope with such a procedure. But it is better, of course, that you never have to write such a statement. Therefore, we wish you only love, peace and harmony with your soul mate!