Mutual divorce with a child

Where can you get a divorce with mutual consent of the spouses?

In the Russian Federation, there are 2 organizations where you can contact with mutual consent for divorce:

Even if there are no disputes about separation between the parties, but there are common children, the termination of the marriage is carried out in court. At the same time, you can collect alimony, deprive the parent of his rights, or determine the procedure for communicating with the child.

If there are property disputes, divorce is allowed in the registry office. Subsequently, the parties can resolve them through a judicial authority or by drawing up an agreement on the division of property.

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Where to file for divorce

Samples of divorce documents

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Conditions for dissolving family ties

This method of ending family relationships is the simplest and least painful.
You don’t have to tell others about your problems and what is happening between citizens. The legislation does not even provide for stating the reason in a written appeal. The temporary period takes about one month. However, to use this method, the following conditions must be met:

• making a decision by mutual consent;
• there are no children under 18 years of age in the family;
• There are no disagreements on property and financial issues.

Important! The main condition is the full consent of both parties.

Divorce with children

If both spouses decide to end their cohabitation and they have minor sons or daughters together, then the question of who they will stay with will be decided in court.
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The exception is those offspring who were born in another marriage. In this case, the children remain with their natural parents.

If the children are over eighteen years old, then the divorce is carried out at the registry office by mutual consent.

The law provides for the case when sixteen-year-old children are given the status of emancipated citizens. Then they are considered an adult, and the procedure for dissolving marriage ties is simplified.

If there are no children, the issue is resolved exclusively through the state registration authorities.

There are no mutual claims

Provided that the former spouses have resolved financial and property issues peacefully, then in this case only the divorce process is documented.

There will be no division of real estate or solution to the problem of who the children stay with. To clarify such claims, it is worth contacting the courts.

Unilaterally

Legislative acts permit the absence of one of the participants in the process. This can happen in cases where the husband or wife:

• recognized by the court as missing or passed away - if you have available documents confirming this, one of the spouses can go to court;
• incompetent - the conclusion is made by medical professionals, and the final decision is established by the judicial authorities;
• is in prison - there must be a court order stating that the citizen has been sentenced to more than three years.

Attention! If such reasons exist, the presence of children is not taken into account. The marriage is dissolved through the registry office by mutual consent without the presence of the second spouse.

Divorce in the registry office by mutual consent

Traditionally, the procedure is carried out at the registry office at the place where the marriage was registered. It is allowed to contact the government agency at the registration address of one of the spouses.

Having come to a general agreement, you can dissolve the union step by step as follows:

1. Draw up and submit an application in the form approved by Order of the Ministry of Justice dated October 1, 2018 No. 201. In Form No. 9 - if both spouses can be present at the registry office or Form No. 10 - if the second spouse agrees, but cannot be present in person.
2. Wait for review. 30 days are allotted for this.
3. On the appointed date, come and pick up the divorce certificate.

The amount of the state fee and the date of receipt of the certificate depend on the method of filing the application. If it is sent through State Services, the parties have the right to independently choose the day the document is issued. Joint attendance is not required.

Application methods

In addition to visiting the registry office in person, there are other ways to submit an application for divorce:

• State Services Portal. One of the parties fills out its part of the electronic application, and an invitation to fill out is sent to the other party via SNILS. The initiator, after paying the state fee, sends the document to the registry office.
• MFC. By appointment, divorcees submit an application to the MFC at the location of the registry office where the marriage took place. The review period is 1 month.

If one of the spouses is unable to fill out a joint application on paper, he can do this through State Services if both parties have verified accounts. The second option is to provide written consent by sending an application in Form No. 10 by mail or through a legal representative by proxy, but this will require notarization.

Application and required documents

Features of drawing up an application vary depending on the chosen form:

When visiting the registry office, you must provide passports and a marriage certificate. Spouses will be given a receipt for payment of the fee, which will contain the necessary details. It is provided before receiving divorce certificates.

Amount of state duty and deadlines for issuing a certificate

The state duty is 650 rubles. When submitting an application through State Services, there is a 30% discount and the payment amount is reduced to 455 rubles.

Civil registry office employees are given at least 1 month to review the application. The termination of a marriage is carried out at the time of making entries in the register in the presence of one of the former spouses.

How to file for divorce through the registry office

Divorce during pregnancy

Registration procedure

The procedure for divorce by mutual consent lasts about a month.
You need to start by submitting an application. To do this, it is advisable to clarify in advance the days and times of reception at the registry office and agree on the possibility of visiting the organization together with your partner. After this, you will only need to wait for the final decision.

The whole event takes place in the following sequence:

1. Filling out a written request to break family ties. Application No. 8 for divorce by mutual consent or No. 9, if drawn up unilaterally;
2. Payment of appropriate fees for services to the state budget;
3. After thirty days, go to the civil registration authorities to obtain certificates.

The last visit can be done one at a time. After all, everyone will be given their own documents.

Where to contact

The law of the Russian Federation provides for different ways to coordinate the place and time of filing papers. After the final decision is made, citizens can use the following options:

• register on the state service portal;
• through the multifunctional center.

This will help you choose:

• the required registry office department - depending on the registration of citizens or the place of the previous marriage;
• date - the schedule in each branch is individual.

When formalizing the breakup of a family unilaterally, it is necessary to notify the other half in writing. One month is allotted for this. If a citizen is declared incompetent, his guardian or guardianship authorities are notified.

Note! If both spouses are absent from the registry office at the appointed time, the meeting will be postponed.

Required documents

Since divorce through state registration authorities involves a simplified system, you will need to provide very few papers:

• a written request (form No. 8) reflecting the wishes of the partners;
• identification documents;
• Marriage certificate;
• receipt of payment of contributions.

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We submit an application to the registry office

Both parties are required to complete the documents themselves.
The right side is designed by the wife, and the left by the husband. The following data is indicated:

• Date and place of birth;
• place of residence;
• passport details;
• last name, first name and patronymic of the applicant;
• citizenship or nationality;
• number of the marriage registration certificate.

If, after a divorce, citizens wish to change their surname, this must be indicated. At the end a signature is affixed.

Sample applications

The text of the application is placed on one side of the sheet.

Children Agreement

There are several types of agreements for children that are drawn up by a notary to avoid litigation in court:

Child support

Alimony is collected in court or paid voluntarily under an agreement that has the force of a writ of execution. In the first case, the amount is determined by the court on the basis of Art. and the Investigative Committee of the Russian Federation, taking into account the claims:

Lawyer's answers to frequently asked questions

If both spouses agree to a divorce, can they divorce on the same day?

No. When submitting an application to the registry office, the review period is 1 month. In case of termination in court, a certificate based on the decision can be issued on the day of application, but preliminary legal proceedings lasting at least 30 days are carried out.

My husband and I both agree to separate, but we have a dispute about property. Where should we go?

A divorce can be filed at the registry office if there are no children, then the property can be divided in court. If the claim price is over 50,000 rubles. You should contact the district court at the defendant’s place of residence.

We decided to separate from my husband, but he is in prison. Where should I go and what documents do I need?

Art. 19 of the RF IC allows in such a situation to disperse unilaterally. What it looks like:

1. The initiator collects documents, which include a certified copy of the verdict that has entered into force, a passport, and an application in Form No. 11.
2. After submitting the documentation, the registry office sends a notice to the EC to the second spouse about the received application.
3. The completed certificate is issued within a month. The second is sent to the detainee by mail.

The simplified procedure applies regardless of whether those divorcing have children or not.

Divorce by mutual consent in the courts

According to Art. If there are minor children, the IC of the Russian Federation conducts divorce through the court by mutual consent. To quickly carry out the event, an agreement on children can be drawn up between parents, which covers the following aspects:

• holding meetings with the child of the parent who will live separately;
• what financial assistance is planned to be provided to the child;
• with whom do the children stay?
• procedure for offspring leaving the state.

Each parent has one version of the agreement.

The application is submitted at the defendant’s place of residence. If he is in another city, then he can be sent by mail.

It would be advisable to collect the following additional papers:

• consent of the second spouse to divorce;
• agreement on children (if drawn up);
• duty payment receipt;
• certificate of income (if the issue of alimony is raised).

The application for divorce by mutual consent through the court states:

• Full name of husband and wife and place of residence;
• the reasons that prompted such a step;
• number of children together;
• name of the body to which the documents are submitted;
• address and date of marriage registration.

A list of attached documents and a receipt for payment of the required amount to the state budget are also indicated. Today the size is about 600 rubles. The plaintiff pays.

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