Obtaining a divorce certificate: sample application and necessary documents

If the divorce is carried out through the registry office

A slightly different procedure for obtaining a certificate if the spouses are going to divorce at the registry office. There are several different variations.

If both spouses want a divorce

According to Article 19 of the RF IC, if both spouses want to get a divorce and they do not have common children under eighteen years of age, then the marriage can be dissolved in the registry office.

In this case, the state takes into account not only children born in common, but also children adopted by both spouses.

To obtain a divorce from the registry office, both spouses must submit a joint joint application.

Typically, dissolution takes place in the registry office at the place of residence of one of the spouses or in the registry office in which the marriage took place.

You can submit a general application in person, for which the spouses must come to the registry office with documents confirming their identity. Or you can use the electronic government services portal and submit an application online.

How to correctly write an application for divorce to the court? We have provided a sample.

Moreover, the statement can be either joint, i.e. one written document signed by both spouses. So, you can submit two separate applications if one of the spouses cannot come to the registry office in person, although in this case the signature on the application must be certified by a notary. If the application is submitted through the government services portal, notarization is not required.

For reference: You may need a sample statement of claim for divorce. Familiarize yourself and avoid mistakes.

In addition to the application, you must pay a state fee of 650 rubles for each spouse.

It should be noted that despite the possibility of submitting an application in person (via an Internet portal or with a notarization) for the divorce process itself, at least 1 of the spouses must come to the divorce appointed by the registry office on a certain date. If both spouses do not appear, or one of them sends a statement of disagreement with the divorce, then the termination procedure is cancelled.

One month after the application is submitted, the marriage is considered dissolved. A month is the period set by the legislator for possible reconciliation of the parties. This period can neither be reduced nor increased. After the divorce, each spouse is issued a certificate.

If 1 spouse is absent

Divorce in the registry office also if the second spouse is absent. These cases are regulated in Article 19 of the RF IC.

So these are the following situations:

• If the 2nd spouse is recognized as missing in court proceedings. To do this, you must provide a court decision. Typically, such a decision is made by the court if a citizen does not notify his family about himself and the place where he is located within 1 year. To do this, the spouse can go to court and, if there is sufficient evidence, obtain a decision to recognize his spouse as missing.
• If the 2nd spouse is declared incompetent. This is a case when a citizen, due to mental illness, does not understand what he is doing and cannot carry out his actions. A court decision is sufficient for a divorce. But it is important to distinguish between recognizing a spouse as incapacitated and recognizing him as having limited legal capacity. A spouse is recognized as having limited legal capacity if he has a passion for gambling or alcohol or drugs, so he is unable to control his actions and subjects the family to severe trials. Despite the presence of restrictions on legal capacity, the Supreme Court of the Russian Federation clarified that in case of limited legal capacity, divorce must be carried out through the court.
• If the 2nd spouse is in prison, and in the verdict the court set him a term of imprisonment of more than 3 years. In this case, the 2nd spouse has the right to divorce the marriage at the registry office.

It is important that in all three cases, the situation is not affected by the fact that the divorcing children have or do not have common children. That is, even if the spouses have them, the second spouse should not wait for them to come of age, but can divorce already at this stage.

The state fee for divorce in all three cases is only 200 rubles.

Sample divorce certificate

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Dissolution of marital relations, as a procedure, is determined by the provisions of the Family Code of the Russian Federation. And the fact of the breakup is directly confirmed by a single document - a certificate of divorce. His absence will not allow you to enter into a new marriage. The document is obtained from the registry office. However, the termination of a marriage does not occur at the time of receipt of a certificate of separation of marital relations, but during the registration of the fact of divorce in the registry office or on the day when the court decision comes into force.

The procedure for obtaining a document on dissolution of family ties has features related to the place of dissolution of the marital union.

1. When a marriage is broken in the registry office, the date of termination of the marital union is the day the record of the fact of divorce is made, which is entered in the civil registration book. However, this can be done no earlier than thirty days after the petition for divorce is filed.
2. When a family relationship is dissolved in court, its decision to end the marriage becomes valid 10 days after its adoption. This day is considered the date of termination of marriage. The duties of the judge include transferring an extract of the court decision on the termination of relations to the civil registry office where the family was registered within three days. Having a court decision, spouses can apply for a certificate at the registry office of the area where they live.

When you can't do without a certificate

A stamp in a passport is not proof of divorce. The certificate of divorce must be presented to government authorities:

• if a decision is made to change citizenship;
• in case of loss of your passport to obtain a new one;
• when a decision is made to change the surname;
• when registering guardianship rights of a new husband for a child from a previous husband.

The certificate is used as a document with which you can confirm the information about your ex-spouse and last name in your previous marriage. You cannot do without it when applying for a job in government agencies. It will also be required when applying for a large loan.

It is not advisable to delay obtaining the certificate, since after a few years searching in the archives will take a lot of time. Uncertainty of family status brings with it many problems. Perhaps today there is no intention of starting a new family. But this does not mean that the desire to regain family happiness will not arise in the future. Additionally, unless it is certain that the marriage is truly over, acquiring property can be problematic.

What does a certificate look like?

The document on the dissolution of family ties looks in accordance with the Decree of the Government of the Russian Federation No. 709 of July 6, 1998. This is a special form with a specific series and number. The form is approved by government decree and belongs to strict reporting forms. The form is printed on special paper, it looks reliably protected from forgery, and contains watermarks and a coat of arms.

The sample is filled out by an authorized employee, entering information into the form using a computer or by hand using purple or black ink.

When filling out the sample, please indicate the following information:

• surname, name, patronymic of the spouse in marriage;
• surname, name, patronymic of the spouse in marriage;
• statement of marriage breakdown;
• number of the entry about the fact of the break in the book where acts of dissolution of relations are registered;
• date of registration of divorce;
• last name, first name, patronymic of the spouse after divorce;
• surname, name, patronymic of the spouse after divorce;
• an indication of which spouse it is issued to;
• date of issue.

The divorce certificate form is signed by the head of the department and certified by the seal of the authority.

You can see a sample divorce certificate and form at the end of the article.

Obtaining a certificate

To obtain a form for dissolution of marital relations, you need to proceed in the following way.

Request a sample from the civil registry office where the divorce took place, or from the court, where you can request an extract of the court decision on divorce for presentation to the registry office.

1. Pay the government fee at a bank branch.
2. Write an application, to which attach a bank receipt for payment of the fee and an extract from the court decision.
3. After receiving the registration certificate, stamp the divorce in your passport.

Obtaining a sample divorce certificate is possible only after paying the state fee. In 2021, the amount is 650 rubles for each spouse. Moreover, the ex-spouse can obtain the sample independently, at a time convenient for him.

What to do if the document is lost

The loss or damage of the form for the separation of marital relations can be replaced. To do this, you can contact the registry office in your area of ​​residence with an application in which you indicate the names of the spouses at the time of the divorce, as well as the body where its state registration was carried out, and the date of registration. If a photocopy of a sample document has been preserved, it can be attached to the application.

The law allows an authorized representative of one of the spouses, for example, a relative, to restore a lost form confirming a family breakup. To do this, a power of attorney to receive a sample certificate, certified by a notary, is issued. When re-issuing the form, payment of a state fee in the established amount is required, as for the initial receipt.

If the ex-spouse lives abroad, in order to restore the document and obtain another sample form for dissolution of marital relations, you need to issue a power of attorney for a citizen of the Russian Federation and have it certified at the consulate in the country of residence. You can transfer a power of attorney and receive a form for terminating relations from Russia through the consulate.

During the divorce process and when the divorce document is issued, the marriage certificate remains with the former spouses. It is extinguished, but not withdrawn. It is useful to leave his only sample at the disposal of his ex-wife. A marriage document form will be required to confirm the premarital surname, which is necessary, for example, to register a child in a new family at her place of residence.

The registry office can provide information about whether one of the former spouses has received a document on divorce either to the second spouse, or at the request of the investigative authorities, or at the request of the court.

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What does a certificate look like?

A certificate is the main document that confirms that the marriage has been officially dissolved.
Certificate forms are approved by government decree and are reporting documents. They are made on special paper with a coat of arms and watermarks, as well as other security materials to protect against counterfeiting. Fill out certificates by hand or on a computer. When filling by hand, only blue or black paste is used. The certificate must be signed and stamped by the civil registry office.

What documents are needed to obtain a divorce certificate?

If the separation is formalized without the participation of the court, then each of the former married couple must provide the following documents:

• passport;
• check for payment of state duty;
• statement (optional).

In the case of divorce proceedings, in addition to a passport and a receipt for payment of state fees, a court decision (or an extract from the court decision) will be required. The court decision, as well as an extract from it, is received in the same court where the divorce took place. It is important that the transferred money gets where it is needed; for this, the registry office employees will issue bank details to make the payment.

The algorithm for obtaining a certificate is as follows:

• come to the registry office, verbally or in writing declare your intention to take your copy of the certificate, leave a copy of your passport and a court decision or extract;
• the employee will issue details for paying the tax fee;
• the ex-spouse goes to pay the state fee, upon return (or at the appointed time) he comes with a check and picks up the document;
• They put a stamp in the passport and enter the date of dissolution of the marriage.

You will not need to pay any more fees.

As stated in paragraph 2 of Art. 333.26 of the Tax Code of the Russian Federation, in 2021, each of the separated spouses is obliged to pay a state fee in the amount of 650 rubles. for issuing a divorce certificate. When filing a statement of claim in court, the plaintiff had already paid the state duty, but then it was a completely different tax that had nothing to do with the issuance of a document stating the absence of family ties.

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Reissue

If the divorce certificate is lost or damaged, or for other reasons is unreadable, the registry office may issue a second certificate in the general manner. An application for the issuance of a repeated certificate of the Republic of Belarus to spouses is submitted either in person, or by mail or through the government services portal.

For the issuance of a repeated certificate of state registration of a civil status act, a state fee of 350 rubles is charged.

Sample statement of claim for divorce

Necessary grounds for extradition

The grounds for issuing a divorce certificate are:

• divorce through the registry office;
• completion of the judicial divorce process with the issuance of a court decision that has gained legal force.

The issuance of such a document is carried out, regardless of the method of dissolution of marriage, by the civil registry office, on the basis of Federal Law No. 143-FZ “On Acts of Civil Status” dated November 15, 1997.

The official document certifies that citizens, from the moment specified in the certificate, are free from obligations to each other and from the rights previously called marital rights. Having a document on the severance of official family ties is not an obligation, but the right of each of the ex-spouses.

Unlike a common marriage certificate, a divorce certificate is issued to the ex-husband and wife separately, each to their own. The laws of the Russian Federation do not oblige receiving such a document, but sooner or later each of the ex-spouses will need this document to exercise their civil rights.

You cannot do without a certificate of dissolution of family ties to carry out the following actions:

• creation of a new family with registration of relations in the registry office;
• re-registration of title documents for property;
• any legal actions after changing the surname;
• registration of a child with a different surname in kindergarten, school, etc.

A document issued by a government agency can only be received once.

In case of loss or damage of such important paper, not the original, but a duplicate will be issued again. The procedure for obtaining a divorce certificate differs depending on the government agency through which the divorce was carried out, but no matter how the divorce is carried out, a document about this is issued in one place - namely in the registry office.

Obtaining a certificate is a service also provided by MFCs acting as intermediaries. You can contact the civil registration department online.

It is better to receive the certificate in person; in this case, they will immediately put a stamp in your passport stating that the marriage is invalid from the specified date.

Application to the registry office

Divorce by submitting an application to the registry office is possible only for those couples who did not have common children or adopted children in their family, and the decision to separate was mutual.
If neither the husband nor the wife objects to formalizing the severance of family ties, then they must submit a joint application to the registry office about this. The application is considered, a decision is made to terminate the official marriage, and a corresponding entry is made in a special book.

From the day when such an entry is made, the family does not officially exist, and people who have become strangers to each other have the right to apply for their own copy of the divorce certificate (30 days after filing the application).

The court's decision

Those spouses who:

• have common minors or adopted children;
• cannot come to a common opinion on the issue of division of jointly acquired property;
• did not reach a consensus on the need for separation - one of the couple was categorically against it;
• husband or wife are recognized as missing persons;
• one of the spouses is serving a prison sentence longer than 3 years;
• the spouse has been declared legally incompetent.

A statement of claim to the court filed on behalf of one of the spouses will be considered in the manner prescribed by the relevant norms of the RF IC and the Civil Code of the Russian Federation, as well as Federal Law -143. The trial lasts 2-3 months, and if the process is completed, then its result is a court decision, but only when the decision gains legal force. From this moment on, the marriage union is considered dissolved, and it is possible to obtain a document certifying this fact.