How to stamp a divorce through government services

Author of the article: Yulia Kaisina Last modified: January 2021 66520

Legal confirmation of the divorce is the corresponding entry in the registry office journals. It is done on the basis of either an application from the spouses or a court decision that has entered into force. From the point of view of the law, a mark in the passport is not mandatory. However, its presence eliminates many questions. How to put a divorce stamp in your passport and in what time frame this must be done.

In which place?

Everything is simple here - this procedure is carried out by the same institution that previously marked the marriage. Such an institution is the registry office - the department of civil registration. Only this structure can make any marks in the passports of citizens (with rare exceptions, the migration service can also). There are a large number of civil registry offices; they are in every city, and even every district has its own department.

It is not necessary to apply for a stamp to the same registry office that once issued a marriage registration certificate to the married couple. To dissolve family ties, you can contact any convenient department based on your location and residence. How to put a stamp if the divorce did not take place in the registry office - there, the place of divorce is not of fundamental importance, they also put a stamp here by court decision, but there are some nuances of registration.

How?

Today, on the territory of the Russian Federation, the court itself notifies the civil registry office of the fact of divorce. In other words, if you filed an administrative claim in court, it was satisfied and it was decided to dissolve the marriage, then the spouses only have the choice of a convenient registry office department.

If one or both parties indicate as a convenient department the one in which they filed for divorce, then it will take from several hours to three days to notify this department. It will not be possible to speed up this process, since all documents are recorded upon arrival at the registry office and a stamp is placed on this basis.

How to stamp a divorce through government services

In other words, divorce through State Services with children under 18 years of age is only possible if there is a court decision that has entered into force; If one of the spouses is declared missing or incompetent; If there are property disputes; When one of the spouses is under imprisonment for a period of 3 years or more.

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That is, filing an application for divorce through State Services is available only to users who have registered and received a confirmed account on the portal! So, below are step-by-step instructions on how to apply for divorce through State Services:.

Is it necessary?

If there is a stamp indicating the conclusion of a marriage, when it is terminated there must be a mark confirming this.

Reference! Is there a stamp in the passport? Legally, a divorce stamp is not a mandatory attribute, but it can help in resolving some issues.

If a person urgently needs a copy of a lost certificate, and without a stamp in the passport, you should not count on efficiency. Restoring the document will take a longer time, and given that the need is usually urgent, there is no need to neglect the timely stamping. Is it necessary to put a divorce stamp or 5 reasons when you can’t do without it :

Employment.
Crossing the state border.
Applying for a consumer loan (the consent of the husband or wife may be required if there is no corresponding mark).
Concluding real estate transactions (similar to the previous paragraph).
Marriage with another person (this procedure is impossible without a divorce mark).

Important! The divorce stamp must be placed in the document in which the marriage registration was previously stamped. If controversial situations arise regarding the existence of a marriage relationship, the authorized person has the right to refuse a positive decision, even if a certificate of divorce is presented.

A common example is re-applying to the registry office to register a new marriage.

Stamp in passport after trial

However, divorce can be carried out not only in the registry office, but also in court. How do you put a stamp in this case?

USEFUL INFORMATION: How can a husband and wife quickly divorce?

According to the law, if the divorce was formalized in court, a divorce certificate is no longer required. The court decision completely replaces it, provided that it has already entered into legal force. The following deadlines apply:

The decision on divorce comes into force after the period for filing an appeal has expired. According to civil procedure law, this time is one month from the moment the decision was announced by the judge. Changes to the Code of Civil Procedure of the Russian Federation were made in 2010; before that, the period was only 10 days;
if a complaint is filed, the decision becomes valid only after consideration of the appeal on the merits;
if the divorce took place in the absence of one of the parties, the month period is counted from the day the decision is sent to the defendant. The moment of delivery is determined by mail data, and the date of receipt is considered to be the one on which the delivery notice was signed;
after the divorce decision has become valid, the documents are sent to the registry office within 3 days. In this case, a certificate is no longer required: the judicial act itself has sufficient force to make an entry in the registry office book and put a stamp in the passport on divorce.

If the marriage was terminated in court, you can put a stamp in the same manner as for a divorce through the registry office. The only difference will be that the stamp is placed not on the basis of a certificate, but on the basis of a court decision: along with the application, you must present a copy of it or an extract received from the court office or received by mail.

However, the certificate itself must be obtained. The fact is that, according to Art. 25 of the RF IC, a new marriage cannot be registered until the former spouses have received a divorce certificate. The law does not set a deadline for this, but the later, the more difficult it will be to obtain it. If a lot of time has passed since the divorce, you may need to contact the registry office archive, where records for previous years are stored. However, in practice there are cases when people apply for a certificate after several years.

In another city

If a seal needs to be affixed, for example, in another city, the period for notifying the civil registry office is extended to ten days from the date of the court's decision on divorce.

Important! There must be compelling reasons why one of the spouses (or both) cannot appear at the primary registry office. Such reasons may be a change of job or registration.

When presenting a court decision on divorce or a certificate previously received at the place of termination of the marriage relationship at the registry office of another city at the place of residence, you can put a mark within the period established by this authority. Often it is enough to come to the appropriate specialist on appointment days.

Divorce through public services

Preface: We got married in 2021. I didn’t take my husband’s last name, firstly, I didn’t want to bother changing documents - I was registered in another city, and secondly, I liked my last name better. Many people asked why I didn’t change my last name - I joked that I wasn’t sure of the strength of the union. I decided to change my last name when I got pregnant so that we would all have the same last name. But the problem is that paperwork is necessary at the place of registration. My mother-in-law registered me with her for this purpose)) Below I will write an algorithm. Continue reading →

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Blog / Pregnancy. Childbirth. Children What benefits are due at the birth of a child in 2021 in St. Petersburg In order to receive the payments you are entitled to for the birth of a child and benefits, you must first obtain documents for the newborn. Here is a list of documents that need to be prepared for a child at birth and how to do it. Among the innovations for 2021 - parents can now apply for registration of a child at their place of residence through the MFC! On the official website of public services of St. Petersburg you can see the entire list of MFCs in St. Petersburg by district and select the most suitable one. Continue reading →

Is a stamp required on a new document?

Yes, you can. This trick is often used when trying to hide earlier failed relationships. A person submits an application for the loss of a passport, and then simply does not apply to the registry office to get a divorce stamp - he “forgets” about it, so the passport remains “clean”. But this method does not cancel the above points, and the absence of a stamp in the new passport does not eliminate possible difficulties.

Reference! When replacing, is a divorce mark placed without the knowledge of the document holder? No, it is not installed. After receiving the document, the person must independently contact the authorities and make the appropriate notes in the passport. Considering that there is also no stamp on marriage registration, there is no need to put a mark refuting it.

Placing stamps when replacing a passport

Although a passport is the main document of a citizen, it can be replaced. This usually happens when one of the following situations occurs:

when changing your first or last name - among other things, and when returning to your previous name after a divorce;
upon reaching the legal age (20 and 45 years);
if lost;
when damaged, when the document can no longer be used.

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What to do with stamps in such situations? The following rules apply here:

When there is an active marriage, a seal is placed (including about past marriages);
If the union is dissolved, and the old passport contained a note to this effect, the stamp does not need to be affixed.
We must remember: the stamp is always placed only on the last marriage. If there were other divorces previously, they are no longer noted.

In order for the mark to appear on the pages of the new passport, you will need to provide a divorce certificate and a court decision if the marriage was dissolved through the court.

What is the price?

Payment of state duty specifically for affixing a stamp is not provided. Spouses pay for state services once at the time of filing an application for divorce. At the end of 2017, according to Art. 333.26 of the Tax Code of the Russian Federation, the duty is 650 rubles. It is paid by both spouses; if one of them is exempt from payment, then the other must pay his part of the fee.

The procedure for filing for divorce through State Services: conditions and algorithm

This service is paid. To submit an application without the consent of the second spouse, you need to pay 350 rubles, and to dissolve the marriage by mutual consent - 650 rubles of state duty from each participant.

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How to file for divorce through State Services ? To do this and to use other government services, you must register . It is required only once and allows you to manage federal services remotely.

What is it?

The divorce stamp is a rectangular seal commensurate with the marriage stamp. It is placed on the 14th or 15th page of the passport, depending on the availability of space - these pages reflect the citizen’s marital status. The mark contains the following data :

Civil registry office , which certified the dissolution of the marriage.
Date of stamping.
Details of the second spouse.
Identification number of the divorce certificate (for more convenient searching and issuing a copy in case of loss of the original).

Many people know what a divorce stamp looks like, but if you compare the stamps of different regions of residence or even districts in the same city, you will notice some differences in the scale of the stamp, the width of the lines, and the font. There are no clear legal requirements for the type of design; its content is of fundamental importance; all the data listed above must be displayed there.