How is the divorce procedure conducted through the registry office without children?

Divorce is always a difficult period in the life of both spouses who want to survive as quickly as possible. It involves a large number of legal issues and is best if the spouses choose the procedure for divorce through the registry office. Without children, it becomes as simple and quick as possible. However, it also has many pitfalls, which the material of this article will help to avoid. From it you will learn how to conduct a divorce procedure through a registry office without children in Russia, as well as all the legal and practical subtleties of the process.

Official divorce: legal term

Often, realizing that cohabitation is simply impossible, the spouses just go to different apartments or even cities. For them, the question of the future has already been resolved, but this is not a dissolution of marriage at the legislative level.

It is interesting that the term "divorce" is not legal, in family law it is a question of divorce. However, spouses almost always use the capacious word "divorce," which means the cessation of cohabitation and the conduct of a common household. Marriage ends only after receipt of the relevant papers or as a result of the death of one of the spouses. But even in the latter case, it is necessary to obtain a number of documents confirming the fact that the marriage is no longer valid.

In the case of a family without children, the procedure for divorce through a registry office is the best way out of the situation. But not the only one. We will tell you about the order of divorce.

Registry or court: we decide how best

Situations leading to divorce, are different. Therefore, the very procedure for divorce is carried out in different state institutions.

Let's suppose that one of the spouses decided to end the relationship, and the second one can not reconcile with it, and therefore does not want a divorce. In this situation, only the court will help, he will sort out all the nuances of the case and make a decision with which he will have to reconcile both husband and wife. Also, the dissolution of marriage takes place in court in the presence of property disputes, debt obligations and young children. Keep in mind that even when the spouses agree to a divorce and have no complaints against each other, the presence of underage children will force them to file a statement of claim to the magistrate. Otherwise, the marriage will not be terminated.

Through the registrar, the procedure for registering a divorce (without children) is in a simplified version. But in this case, the spouses should not have any property disputes and both sign consent for the termination of the marriage.

Reasons to get a divorce through a registry office

Almost everyone knows that if the family is without children, the procedure for divorce through a registry office is possible. However, there are several other reasons that allow officially to terminate conjugal ties in this institution:

• mutual consent to divorce;

• Absence of questions on the division of property;

• one of the spouses is recognized as missing or died;

• finding a spouse in custody for more than three years;

• incapacity of one of the partners, established in an official manner.

All these reasons make it much easier to dissolve the marriage, but we are worried about the registration of the divorce procedure through the registry office without children. On this topic, we now talk more thoroughly.

The procedure for divorce through a registry office without children without the consent of one of the spouses: is it possible

We have already mentioned more than once that one of the indispensable conditions for the dissolution of conjugal ties without involving the judiciary is the consent of both partners. It is confirmed by coming to the registrar and joint filling out the documents. Also at the appointed time, both spouses must come in order to obtain documents stating that their marriage has been officially terminated. If someone does not appear in the registry office without a good reason, then the case is postponed indefinitely.

Many women are wondering whether it is possible to draw up all the papers without the knowledge of their second half. In this case, the law provided for several options, which we already voiced in the last section of the article:

• incompetence;

• imprisonment for more than three years;

• recognition of the spouse as missing.

In any of these cases, the partner who has expressed a desire to terminate the marriage can apply to the registry office in accordance with the established procedure with all the necessary supporting documents.

How to conduct a divorce procedure through a registry office without children: the stages

Even the most experienced people are lost when it comes to divorce, and they do a lot of unnecessary things. Emotions do not allow spouses to concentrate and quietly begin to collect the documents necessary for the dissolution of marriage bonds. We decided to consider this process in stages:

• choice of registry office;

• filling in the application;

• collection and submission of necessary documents;

• preparation of a marriage contract (if necessary);

• registration of divorce.

So, let's pay attention to each of the listed stages.

REGISTRY OFFICE: Where to apply

It is best to apply from both spouses to the registry office where the marriage was registered. This greatly simplifies the process for employees who will consider the collected package of documents.

Sometimes the ex-husband and wife travel to different cities, so you can apply to any registry office at the location of one of the spouses. In such cases, the package of documents can be collected separately by the husband and wife and submitted simultaneously to the relevant authorities in different localities.

Keep in mind that at present there are as many as three ways to transfer the application to the registry office. Most people go and solve all paper issues in person, this, according to polls, is more familiar to Russians.

Some people prefer to file a divorce application through the state services portal. But this is possible only if one of the spouses is already registered on it.

In open multifunctional centers, you can also solve all problems with the application. The staff of the center will help you fill it out and transfer it to the appropriate registry office.

Statement: jointly or singly

Since the divorce through the registry office implies a mutual decision of both spouses, they must complete the application together. But in the case of a sudden business trip or a serious illness of one of the partners, formalized notarized power of attorney for the conduct of business is allowed. It is with this document that you need to come to the registry office.

In the application, pay attention to the correct filling of all graphs: personal and passport details, address of residence and residence, number of the document on marriage. Be sure to include the surname you want to leave after the divorce. At the end of the application, the date and signature of the applicants are stamped.

Keep in mind that employees of state institutions are never interested in the reason for divorce. This is important only in litigation.

Documents: collection

So, you are expected to be divorced through a registry office without children. What is required in this situation, except for the application?

I want to note that in order to dissolve the marriage bonds, you will need a minimum package of documents:

• originals of Russian passports of both spouses;

• marriage certificate (it will be withdrawn after registration of the divorce);

• an extract from the home book (this will make sure that the spouses do not have common children);

• a check on payment of state duty.

Do not forget the notarial power of attorney, if your half can not come to the registrar personally. Without it, even the correctly collected package of documents will not be accepted by the employees of the state institution.

Marriage contract

This phenomenon has not become customary in Russian reality. However, in the event of termination of the marriage through the registry office, which assumes no material claims, the former spouses may later have various troubles.

There are cases when before the direct registration of the dissolution of marriage ties, the husband and wife came to some oral agreements regarding the acquired property and debts. But after receiving the coveted stamp, one of the spouses refused his words, and to prove the agreement in the future there was no possibility.

Therefore, try to protect yourself and conclude a contract, in which list all property issues. This will guarantee the peaceful separation and good relations.

Government duty

Surprisingly, the issue of payment of duty is always the most painful for our citizens. They are often confused in the amounts and their purpose. In fact, in the case of divorce, everything is quite simple:

• six hundred and fifty rubles are paid by each partner before submitting the application;

• the same amount must be paid by everyone for the certificate of divorce and stamped in the passport;

• three hundred and fifty rubles are paid by one of the spouses who submits the application unilaterally in cases prescribed by law.

Do not forget that the duty can be paid only in the branches of the Savings Bank.

The final stage

In the procedure of divorce through the registry office (without children) waiting times are limited to one month. When accepting documents, the employees of the state institution appoint a date when the very process of registering the dissolution of marriage bonds will be completed.

At this time, both spouses must come and once again confirm their consent to the divorce. The registrar will register this consent and issue official forms confirming the termination of the marriage. From that moment, the ex-husband and wife are considered free and have the right to build new relationships.

It is interesting that in many former Soviet republics a similar procedure for divorce through a registry office without children. In Belarus, for example, family law also provides for the possibility of ending the marriage without lawsuits.

Any divorce is a very difficult time, but in many cases it is he who is the door to a new and possibly happy life. Be focused and take only deliberate decisions so that you do not regret your actions in the future.