Divorce through court: state duty, documents, deadlines

By the way: Do you know about our “Stress-Free Divorce” service? More details

The cost of a divorce consists of several components, such as: state fees, legal services, and, if necessary, the services of a notary and translator. The first is mandatory for all citizens without exception.

Both the registry office and the court will have to pay a certain amount for performing legally significant actions. The amount of state duty varies from 350 rubles. up to 60,000 rub.

, you need to calculate and pay it yourself, let’s look in more detail at how this can be done.

State fee for divorce at the registry office

The civil registry office or the civil registry office does not resolve family disputes, but only registers legal facts; therefore, you should contact them if there are two circumstances established by law:

• there are no minor children in the marriage;
• the application is submitted by mutual consent.

• Each spouse must pay a state fee of 650 rubles.
• And fill out the application for divorce form No. 9.
• It is important to note that both husband and wife must be present during a divorce.

The legislation also allows for a unilateral divorce through the registry office, at the request of one of the spouses, if the other:

• declared incompetent by the court (due to mental disorders, he is not able to answer for his actions);
• declared missing by the court (there is no information about his whereabouts for more than a year);
• sentenced to imprisonment for a term of more than 3 years.

This procedure applies only if there is a court decision/sentence, which together with the state fee is 350 rubles. must be attached to the application form No. 11 and submitted to the civil registry office.

And finally, if the court has already made a decision on divorce, you will also have to go to the registry office to obtain a divorce certificate and get a stamp in your passport.

A month after the divorce, each spouse must receive a decision from the court with a mark of entry into legal force or an extract for the registry office, and pay a state fee of 650 rubles.

, fill out application form No. 12 and submit these documents for registration at the registry office.

When receiving a court decision on divorce, it is important to carefully check that the court has written the personal data of the former spouses, dates and document numbers correctly. Judges often make mistakes in decisions that hinder further action and significantly delay the entire process.

1. By preparing the necessary documents in advance and paying the state fee, you will save a lot of time and effort, since visiting government agencies is not always a pleasant procedure.
2. A receipt for payment of the state fee can be obtained directly on the day of application from the civil registry office or found in advance on the website of the relevant authority and paid.
3. For example, for Moscow residents, sample application forms, state duty details and other useful information can be obtained on the Official website of the Moscow Mayor

• Application forms
• Receipts for payment of state duty

Divorce and the issuance of a divorce certificate are carried out after 1 month from the date of filing the application with the registry office. You can submit such an application to the registry office at the place of registration or to the registry office where the marriage was previously celebrated.

Marriage is the leading cause of divorce.

State duty to court

Divorce through the courts is a more complex and lengthy procedure; you will need to collect a certain package of documents, visit the court several times, and participate in meetings, but sometimes it is simply impossible to avoid it if:

• there are minor children;
• the spouse refuses to divorce and any disagreements arise regarding jointly acquired property and raising children.

For ease of understanding, let’s look at a few typical, most common situations:

Situation 1. Divorce, no property disputes or disputes about children

This case is perhaps the simplest and least expensive. The category of such disputes falls under the jurisdiction of magistrates. The legislation requires payment of only one demand - “for divorce” - 600 rubles.

The state fee to the court for divorce is 600 rubles.

The receipt can be obtained from the court or on the website of the magistrates.

For example, a special service has been created for Moscow residents that greatly facilitates the conduct of court cases: “http://mos-sud.ru/”, where you can determine which court to file a claim in, get contact information for the court district, calculate the state fee, track the progress of the case and much more.

Instructions for calculating state duty for Moscow residents:

1. Go to the website “http://mos-sud.ru/”;

2. Select the “territorial jurisdiction module” on the left, enter the address and see which court we need to contact, the address, phone number and email of the court;

*if there are no children and the spouse avoids divorce, then enter his address; if there are minor children who are registered with you, enter your choice: your address or your spouse’s address.

Territorial jurisdiction module on the website mos-sud.ru

3. On the left, select “state duty calculator”, then the magistrate’s station, enter the number indicated to us earlier, then “3. Filing a claim for divorce (there is no dispute about children)”;

4. Enter your full name, tax identification number and address;

State duty calculator on the website mos-sud.ru

5. The receipt is ready, print it or save it.

Receipt for payment of state duty for divorce

For residents of other regions, it is necessary to contact the relevant judicial authorities or their Internet resources to obtain details for paying the state fee.

The amount of state duty is the same for all subjects of the Russian Federation.

Situation 2. Divorce and alimony

Until October 1, 2019, claims for the collection of alimony were considered by magistrates. Currently, their competence includes only disputes about divorce and division of property, the value of which does not exceed 50,000 rubles. Claims for alimony are now heard by district courts.

Demands for divorce and alimony can be listed in one statement of claim to the district court, but it is worth noting that judges have certain deadlines for considering cases and until all demands are considered, we will not be able to obtain a decision.

The period for consideration of alimony cases is 1 month. Divorce can take a long time, as the parties are often given a period of 3 months for reconciliation.

In this regard, lawyers usually file two separate claims, for divorce to the magistrate and for alimony to the district court.

It is also important to note this procedural feature if there is no dispute about the law, i.e.

your spouse is officially employed and does not pay alimony to other children, it is necessary to file not a statement of claim, but an application for the issuance of a court order, according to which, in a simplified manner, without your presence, the following will be collected: 1/4 - for one child, 1/3 for two children and 1/2 for three or more.

All that remains is after 5 days to receive the court order and transfer it to the debtor’s place of work or to the bailiffs for execution. Such an application must be submitted to the Magistrates' Court. More detailed information on writ proceedings can be found in Chapter 11 of the Code of Civil Procedure of the Russian Federation.

The state duty on alimony is not paid by the plaintiff when filing a claim in court for the recovery of alimony. The defendant pays the state fee after the court decision is made.

The state fee for alimony is 150 rubles. If the plaintiff, in addition to child support, also seeks alimony for his own maintenance, until the child reaches 3 years of age, the state duty will be 300 rubles.

The state took care of protecting the rights of the child and his parent demanding the collection of child support. Later, the court collects a state fee from the defendant in favor of the local budget.

Thus, the plaintiff’s expenses when collecting alimony and divorce do not change.

Divorce = State duty 600 rubles;

Divorce + Alimony = State duty 600 rubles.

It will be useful for alimony payers to know that in the event of a reduction in the amount of alimony, for example, for the first child when collecting alimony for the second, it is necessary to file a claim with the district court to reduce the amount of alimony, while paying a state fee, which is calculated according to the formula:

State duty = claim price * x %

The cost of the claim is determined as current alimony minus future alimony for one child. For example, 1/4 of all income for the year minus 1/6 of all income for the year.

The % size is set by art. 333.19 of the Tax Code of the Russian Federation, as when filing a property application.

In each specific situation, there are many nuances regarding procedural actions in court; our specialists with extensive experience are always ready to help you and warn you in advance against possible threats and losses. We are waiting for your call +7 (495) 722-99-33!

Situation 3. Divorce and disputes about children

In this case, if, along with filing a claim for divorce, we want to determine the child’s place of residence, the order of communication with the child, deprive of parental rights, etc., we need to contact the district court.

In addition to paying the state fee of 600 rubles. You must pay a state fee of 300 rubles. for each requirement to raise a child presented to the defendant.

For example:

• deprivation of parental rights;
• challenging/establishing paternity;
• determining the order of communication with the child;
• determination of the child’s place of residence.

It is also possible to dissolve a marriage in a magistrate’s court, and resolve disputes about children in a district court.

Situation 4. Divorce and division of property

If the value of the property is less than RUB 50,000. we go to the magistrate's court if more than 50,000 rubles. - to the district court.

Division of property is a property dispute, and the state duty will be calculated as a percentage of the value of the jointly acquired property.

State duty = property value * x %

To determine the value of the property, it is necessary to conduct an expert assessment or, along with the claim, attach documents confirming the value of the property stated in the claim.

The % value is set by art. 333.19 Tax Code of the Russian Federation:

• up to 20,000 rub. — 4%, but not less than 400 rubles;
• from 20,001 rub. up to 100,000 rub. — 800 rub. + 3% of the amount exceeding 20,000 rubles;
• from 100,001 rub. up to 200,000 rub. — 3,200 rub. + 2% of the amount exceeding RUB 100,000;
• from 200,001 rub. up to 1,000,000 rub. — 5,200 rub. + 1% of the amount exceeding RUB 200,000;
• over 1,000,000 rub. — 13,200 rub. + 0.5% of the amount exceeding RUB 1,000,000, but not more than RUB 60,000.

Also, do not forget that you need to add 600 rubles to the resulting amount. for a request for divorce.

There are also situations when the marriage has already been dissolved, and property needs to be divided, it is important not to miss the deadline for filing a claim for division of property - 3 years from the date of divorce.

Property can be divided within 3 years from the date of divorce. Read more about the division of property in the article: Division of joint property of spouses during divorce

Incorrectly and excessively paid state duty

• State fees paid by mistake or in excess can be refunded.
• Also in cases of: return of a claim, refusal to accept a claim, leaving an application without consideration, termination of proceedings in a case, refusal to take a legally significant action before contacting the authorized body.
• To refund the state duty you must:

• Obtain a ruling and a court certificate to justify the return of the state duty.
• Contact the tax authority at the location of the court with an application, to which you must attach payment documents (in case of a full return, originals, in case of partial returns, copies).

The state duty is refunded within a month from the date of contacting the tax service.

We have the right to such an appeal for 3 years from the date of payment of the state duty.

Deferment, installment plan and exemption from payment of state fees to the court

1. Deferment of payment assumes that the state duty will be paid later, with the occurrence of some event.
2. Installment is the right to pay state duty in several payments at a certain frequency.

3. Exemption from payment or reduction of the state duty means that the court, taking into account certain circumstances, changes the amount of the state duty.

The court provides all of the above methods of payment to the plaintiff only upon a written application, which is submitted simultaneously with the claim, with the attachment of all documents confirming the impossibility of a one-time payment of the state fee.

The court takes into account the difficult financial situation of the applicant, as well as, when deferring payment, the fact that after a certain period of time, with the occurrence of some event, the applicant will be able to pay the state fee. The following certificates can be used as confirmation of property status:

• about the amount of wages;
• about the amount of benefits;
• pensions;
• for non-workers - a copy of the work record book.

Read also: Adoption by a father: his child

The applicant’s dependents are also taken into account; then birth certificates, certificates of family composition, and certificates of income of other family members are attached.

Based on the results of resolving such an application, the court issues a ruling that either satisfies the requirements or refuses to satisfy them. If you disagree with the court's conclusions, you can file a private complaint with a higher authority.

Divorce is a quick way out of a marital situation.

Cost of legal services for divorce

For both women and men, divorce is extremely stressful; often people experience depression, which is accompanied by mental suffering and thoughts about an unsuccessful family life, and besides, they have to collect and prepare documents, attend court, which only aggravates the situation.

A divorce lawyer helps to solve not only people’s legal problems in court, but also to warn in advance and protect against possible risks that may arise during marriage.

In addition to legal advice, drawing up procedural documents, representation in court, collecting evidence, monitoring the progress of the case, the responsibilities of a family lawyer include minimizing your moral and property costs, protecting you from worries, warning against possible risks and making sure that the most vulnerable do not suffer side of family relationships - children. He is not only a lawyer, but also a diplomat and a psychologist.

Also, if a marriage is dissolved with foreign citizens, even those who speak Russian, there will certainly be costs for the services of a translator and a notary. The statement of claim, subpoenas, rulings and court decisions are subject to notarized translation, the costs of which are borne by the plaintiff.

To settle disputes about children out of court, similarly, the parties will have to contact a notary to conclude agreements, for example, on the payment of alimony, on determining the procedure for communicating with the child, determining the place of residence of children, etc.

MCPI "Planet of Law" offers full legal support for various categories of family disputes, a full range of legal services that can protect you during divorce proceedings.

The comprehensive legal assistance program “Divorce Without Stress” will help you dissolve your marriage in the shortest possible time and without any effort.

What about the Alimony program? “Elementary!” collect alimony without unnecessary stress and hassle.

The cost of legal services, announced at the introductory consultation, is specified in the contract and does not change under any circumstances.

All questions you are interested in can be asked by contact phone number:

All questions you are interested in can be asked by contact phone number:

+7 (495) 722-99-33

A specialist can also visit your home or work to conclude an agreement.

Love yourself and remember that divorce is not the end of life, but only the end of a certain stage and the beginning of a new one. And we are always ready to help you.

Source: https://www.planeta-zakona.ru/blog/gosposhlina-za-razvod.html/

State fee for divorce in 2020 through the registry office and through if there are children: how much it costs, amount, size

Any action to register acts of civil status (birth, marriage, death) requires payment of a state fee in favor of the state. Its size is determined in the second part of the Tax Code of the Russian Federation. The state fee for divorce in 2020 through the registry office or through the court (depending on the method of divorce) is also paid. The amount will vary.

In the article we will figure out how much a divorce costs in 2020 in Russia - the amount of the state duty has not changed compared to 2019.

What does the size depend on?

The state duty for divorce in 2020, as mentioned above, is determined according to the norms of the Tax Code of the Russian Federation. Its size is influenced by the method of divorce: it will be cheaper to dissolve a marriage through the registry office, but more expensive through the courts. The method of divorce is chosen in accordance with the norms of family law (RF IC).

Divorce without trial is possible, but only if the following conditions are met (Article 19 of the RF IC):

• consent of both divorcing citizens;
• absence of common children under the age of majority.

Divorce through court occurs:

• if there is a common minor child;
• if there is no consent (namely for a divorce, that is, to formalize the termination of the marriage relationship) of one of the spouses

How much does divorce proceedings cost in 2020?

The amount of the state duty for the dissolution of a marriage relationship is, in accordance with tax law, 650 rubles. It is taken from each of the divorced people. However, when applying through the registry office, this amount is paid only once, when applying to the court - twice, first for the court, and then to the registry office for issuing a certificate.

What else will you have to pay for? You will have to pay a separate state fee for the division of acquired property, even if the applications are combined. It is carried out only in court.

The amount of the fee in this case will depend on the value of the property claimed by the applicant.

Therefore, when concluding a marriage, it is recommended to draw up a separate prenuptial agreement in case of dissolution of the relationship.

In addition, if there are children, the dispute is complicated by the issue of assigning and determining alimony. The price of the claim is determined in accordance with Art. 91 Code of Civil Procedure of the Russian Federation.

Divorce without children under 18 years of age is usually carried out quite quickly if there is a marriage contract or there is no dispute about the division of jointly acquired property.

Users ask – lawyers answer

How much will the state fee for divorce in 2020 through the registry office cost if there are children? The amount of the fee depends on what factors?

According to Art. 19 of the RF IC, divorce in the presence of children under the age of majority is possible only in court. Thus, it is only possible to dissolve a marriage through the court if there is a minor child and a joint one.

Exceptions are made if the second spouse:

• declared legally incompetent (the citizen is not aware of the consequences of his actions and cannot acquire or exercise independently civil rights or perform duties, for example, due to illness);
• declared missing by the court in accordance with the established procedure;
• convicted by a court for the crime he committed and sentenced to imprisonment and the term was set at least 3 years.

In these cases, the state duty for the interested person will be 350 rubles.

What is the state fee for divorce in 2020 through the court? Does the amount increase if you have a child?

The state fee for dissolving a marriage through the court is according to Art. 333.26 Tax Code of the Russian Federation 650 rubles. Each spouse must pay this amount. If one of the spouses does not pay it voluntarily, the corresponding amount will be recovered from him by court decision.

The absence of common minor children affects the possibility of divorce through the registry office; in this case, the fee will be 650 rubles for each divorcee, and the issuance of certificates is included in the “service package”.

If the divorce is filed through the court, you only need to pay 650 rubles for this, and then the same amount to the registry office for issuing a certificate.

A demand for the division of property and the collection of alimony may be filed with the court in a separate statement of claim with payment of a state fee in the established amount.

Thus, a divorce in the registry office provides certain advantages in terms of paying the state fee.

How to pay the fee?

Currently, it is quite easy to find the details of government agencies for payment:

• on official websites (there is also a calculator for calculating state duty);
• from specialists of these bodies;
• from specialists of credit institutions.

Despite the fact that payment of fines and state fees through the State Services portal is now available, when submitting documents to the registry office and to the court, documentary evidence will be required, and only in its original form. Even when submitting documents to the judicial authority online, you will need a scanned copy of proof of payment of funds towards the fee.

You can also generate a payment receipt on the websites of judicial authorities. However, after depositing funds, bank employees do not issue the second part of the receipt, but a check order. This document is accepted by the court and the registry office as confirmation of payment and is attached to the application only in the original. This requirement is established by the current legislation of the Russian Federation, in particular in Art. 132 Code of Civil Procedure of the Russian Federation.

Source: https://zakon-navigator.ru/gosposhlina-za-razvod-v-2020-godu-skolko-stoit-rastorzhenie-braka/

State duty for divorce in 2020

Any government service requires payment of a state fee. During a divorce, it is also necessary to pay a state fee, and its amount may vary depending on how this procedure is carried out. There are several factors that influence the amount of state duty for the divorce procedure, namely:. The state fee, which is paid for the divorce procedure, is usually called a fine on the territory of the Russian Federation.

VIDEO ON THE TOPIC: Divorce in 2017 according to the RF IC: through the court and in the registry office, state duty, division of children and property

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

How much does a divorce cost in 2019 through the registry office and through the court - state duty for divorce

Dissolution of a marriage is a public service for which a fee is charged as established in the Tax Code of the Russian Federation.

You cannot get a divorce without paying the state fee. The amount of contribution to the state treasury has not changed for four years. Let us tell you in more detail how much a divorce costs per year through the registry office and through the court, what affects the amount of the state fee for divorce?

Before filing an application to terminate a family relationship, spouses must pay a state fee - a monetary fee upon receipt of a document that has legal force.

This is a mandatory payment collected from citizens for paperwork and the work of government agency registrars. The amount of the duty is determined by the Tax Code of the Russian Federation - a legislative act regulating the system of taxes and fees.

Several years ago, society was excited by the news about the amount that the state duty could reach - 30 thousand. This amount was proposed as a deterrent to the growing number of divorces.

The initiative did not go beyond discussions, since there were many more opponents, claiming that this measure would not help strengthen the institution of the family, than supporters.

Documents for divorce if there are minor children in the year - list. Since January of this year, the tax levy has been increased, but not many times. The state fee for divorce in the year is equal to the tariffs introduced four years earlier. The rules and procedure for the formal termination of marriage are regulated by the Family Code of the Russian Federation.

This legislative act provides for two ways to carry out this procedure - through the registry office and in court.

Determining the body that will handle the process is decisive in the question: how much will the state duty for divorce cost per year? The cost will primarily depend on the method of carrying out the procedure. How much does it cost to register a marriage? All about the state duty for marriage in the year.

Divorce through the registry office is the easiest and least expensive option. But only couples who do not have common minor children and joint property subject to division can use this method.

What is the state fee for a divorce through the registry office, will I have to pay an additional fee for a certificate confirming the change in marital status? Answers to these questions: According to the article If, ​​during a divorce, a woman wants to return to her maiden name, there is no additional fee for this.

If she wishes to take a different surname or decides to change it after the divorce has been formalized, her request will be satisfied for 1 ruble. Divorce proceedings can be completed at the registry office upon the application of one party.

The grounds allowing such a development of events:. How to change a passport due to a change of surname? In other situations, the spouses face a divorce through the court; in addition to the mandatory state fee, they are required to pay a fee when filing a claim - rubles.

This is the requirement of the article. Which of the spouses will bear the expenses is not of fundamental importance. After the decision is made, the change in marital status must be registered at the registry office, where divorced people must pay rubles.

If the process of divorce is accompanied by a property dispute between the spouses, then the state fee for divorce in the year through the court will be different; the amount of money spent will be made up of specific requirements. How much can the state duty for divorce reach in a year?

The cost through the court will be determined by the price of the claim:. Divorce proceedings involving parents of minor children are among the most complex.

There are enough questions before the procedure: how much will the state fee for a divorce through the court cost, the amount if the spouses have a child, the duration of the process. The Family Code requires that the formal termination of a marriage with such initial data take place only in court.

Read also: Personal and property rights and responsibilities of spouses: what are the rights and responsibilities of spouses

The process may be delayed, since in addition to the actual divorce of the parents, the authority will consider issues related to the interests of the child:

At the same time, according to Art. If the claim is subsequently granted, the court will collect a fee from the defendant. For property claims, the fee calculated according to the formula does not include the fee for the divorce itself, so you will have to pay rubles.

Source: https://vive72.ru/nasledstvo/gosudarstvennaya-poshlina-za-razvod-v-2020-godu-6145.php

State duty for divorce. How much does divorce cost in 2020?

Divorce, of course, is not nearly as expensive as a wedding. But it's not entirely free either. If only because divorce requires paperwork, and paperwork, in turn, is subject to a special type of tax - state duty.

Let's figure out what the state duty for divorce is in 2020, whether it is always the same, and what its size is.

State duty for divorce in 2020 - the cost of “freedom from marital ties”

Divorce (as well as marriage, if you don’t focus on multimillion-dollar weddings) is “affordable” for all segments of the population. This is the main principle.

When in 2014 deputies, who considered themselves defenders of moral family values, tried to introduce for discussion a law to increase the cost of divorce to 30 thousand rubles, they were quickly “put in their place.”

It is foolish to seriously believe that “hitting your pocket” will reduce the number of divorces. Most likely, people will become less willing to enter into official marriages - just in case. In order not to pay a whole salary (and in some regions, even one and a half) for a possible divorce.

So the amount of the state duty for divorce in 2020 is the same as 10 years ago - from 350 to 650 rubles. Only the accompanying judicial division of property or disputes about children can cost significantly more, but we will dwell on this later.

So the amount of the fee depends on how and for what reason the marriage breaks up. Let's consider all the options.

What is the state fee for divorce in 2020 through the registry office

Out-of-court divorce is not available to everyone. Only if the couple has no children, or in three more “non-standard” situations:

• One of the spouses has disappeared (it is necessary for a court to make a decision on missing persons or declaring them dead)
• One of the spouses is in prison, and his consent to divorce is not required (the term of imprisonment must be at least three years)
• One of the spouses is legally declared incompetent, and his consent is also not required

If we are talking about such circumstances, the fee will be the most lenient - 350 rubles.

If a childless (or already raised children) husband and wife divorce by consent, each of them must pay 650 rubles. For making changes to the registration books and the divorce certificate form.

How much is the state fee for divorce in 2020 through the court?

If there are minor children, filing a lawsuit becomes inevitable. Moral costs can be minimized if you agree on everything among yourself and go to the magistrate’s court.

The procedure for divorce by a justice of the peace is quite simple and formal. The issue is resolved within minutes. The price of the state fee for divorce in 2020 in the magistrate’s court is 600 rubles.

If parents cannot agree on the maintenance/upbringing of children, the division of jointly acquired belongings, or even on the very fact of divorce, they will have to go to a court of general jurisdiction - district or city. The payment amounts are as follows:

1. 600 rubles – for a claim with one claim (for divorce)
2. 600 rubles – for a claim for divorce and alimony (the plaintiff is exempt from the fee for an “alimony” claim; it will later be collected from the defendant)
3. 300 rubles – for each additional claim (divide property, deprive parental rights, establish/challenge paternity, determine the place of residence of children, etc.)

So the complete answer to the question “How much will divorce cost in 2020?” sounds like this: “Depending on how peaceful it is. The more private issues a divorcing husband and wife can resolve on their own, the less they will have to pay. Minimum – 600 rubles.

The maximum amount will depend on the number of claims brought to court.”

How much is the state duty for divorce in 2020 when dividing property?

Property claims are a special article. The amount of fees for them is not fixed, since it depends on the price of the disputed property. The calculation procedure is described in detail in Article No. 333.19 of the Tax Code of the Russian Federation. For “rich” spouses who are unable to reach an amicable agreement, a divorce will “cost a pretty penny” - the maximum payment is 60 thousand rubles.

The plaintiff can calculate the amount of the fee himself, using the provisions of the Tax Code of the Russian Federation. It should be taken into account that only the price of half of the property that is the subject of the trial should be considered. After all, the plaintiff claims only 50% of the joint property.

ATTENTION! If you “bought a ticket but didn’t go,” that is, you changed your mind about getting a divorce, paid too much, or the court did not accept the claim, the money will be returned. You just need to get a ruling on this matter from the judge, and then submit it to the appropriate territorial tax authority. This can be done within three years after the erroneous payment.

So now you know exactly how much divorce costs in 2020. If you have additional questions regarding divorce, you can seek advice on the legal website prav.io.

An experienced family law lawyer will provide free or paid consultation, help prepare documents, and, if necessary, undertake legal support of the process.

Source: https://prav.io/browse/blogs/razvody/gosposhlina-na-razvod-skolko-stoit-razvod-v-2020

State duty for divorce 2020 - cost through the registry office and court

The rise in prices for most government services has also affected the prices for divorce proceedings. Today, a pressing question for many is: how much will a divorce through the registry office or court cost in different situations? We will try to provide detailed information.

The following factors will influence the amount of costs incurred:

1. how the marriage is dissolved: in the registry office or in court;
2. whether the division of tangible assets is affected;
3. the value of acquired savings or property.

State duty for divorce through the registry office

So, dissolution of a legal family with the help of the registry office is the simplest and least financially expensive method. As is known, spouses seeking a divorce can apply here only in cases where they do not have children under 18 years of age and there are no mutual claims.

It is worth noting that such a fee will have to be paid by each (!) of both spouses.

However, the forecasts from some legislators were much less comforting, because a bill was being considered, according to which the cost of a divorce could reach 30,000 rubles.

In fact, many negative consequences from the implementation of such a step were taken into account.

A number of newly created families would simply prefer to remain in a civil relationship, so as not to expose themselves to the risk of paying such costs, and the potential division of property.

Despite the fact that the state chose to go with a more loyal option, there are cases when the payment amount can be reduced to 200 rubles, which is an almost symbolic amount by today’s standards:

• recognition of one of the spouses as incompetent,
• court decision declaring missing,
• imprisonment by a court sentence lasting 3 or more years.

The state fee itself already includes the issuance of original divorce certificates to both spouses, so no additional costs will be required from you.

You can read more about the cost of divorce through the registry office here.

Amounts of state duty upon divorce by court

In cases where you have to get a divorce through the courts, the amount of costs incurred may depend on many more factors.

But, in addition, after receiving an extract from the court decision, you need to visit the registry office for a divorce certificate, which, as already written above, will cost each spouse another 650 rubles apiece.

Total, in the simplest case you will have to pay 1950 rubles. But the gradation of duties when dividing an apartment and other joint assets is much more complicated.

In this situation, the minimum payment will be 400 rubles if the value of the property being divided does not exceed 20 thousand rubles. If it is within the range of up to 100 thousand, then the fee will be 800 rubles (fixed part) + 3% of the cost, which exceeds 20,000.

In further cases the scale will be as follows:

• the share in the assets is from 100,001, but less than 200,000 - you will have to pay 3,200 rubles plus 2% of the amount exceeding 100 thousand;
• share of 200,001, but not more than 1 million - the duty will be equal to 5200 and 1% of the amount over 200 thousand;
• over 1 million - the state will charge you 13,200 (fixed part) + 0.5% of the excess amount.

How to fill out the form and pay the receipt

In the worst case, the maximum fee will be no more than 60 thousand rubles.

Thus, divorce proceedings in a situation where the husband and wife cannot agree between themselves before filing a claim threaten to result in significant costs, not counting the cost of legal services, which often have to be resorted to.

It is recommended to take the details directly from the court where you will submit documents. Having the details in hand, payment can be made at any bank branch or even at some self-service terminals.

Please note that the document must contain information about the payer and his details (passport document, SNILS), designation of the recipient of the fee with full bank details, amount and purpose of payment, date of payment.

To correctly complete the state fee payment for the court, we recommend using the template to fill out.

Source: https://azbuka-razvoda.ru/skolko-stoit/gosposhlina

State duty to court for divorce in 2020 details

The legal topic is very complex, but in this article we will try to answer the question “State duty to court for divorce in 2020 details.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

When filing a divorce through the registry office, the marriage is considered dissolved from the moment the corresponding entry is made in the civil registration book, through the court - from the date its decision enters into force.

You can submit an application for the termination of a marriage with mutual consent and the absence of common minor children at the registry office at the place of registration of the spouses (or any of them), at the place of registration of the marriage, through the MFC or the State Services portal.

Deadlines

If there are children under the age of 18 or if one of the spouses does not agree to divorce, the marriage is dissolved through a magistrate’s court. With claims for the division of property worth over 50 thousand rubles - through the district court.

There is no unified form of claim for initiating divorce proceedings. A lawyer will help you draw it up, taking into account the current situation. As a rule, it indicates the fact and duration of the spouses’ cohabitation, then the claims against the defendant and the reasons why the plaintiff considers preserving the family impossible.

If, due to the above reasons, an easier path to divorce is not for you, you will have to go to court. In case of divorce through the registry office, the waiting period for the result is no more than a month. It is impossible to predict how quickly it will be possible to reach agreements and obtain a divorce certificate through the court.

State fee for divorce upon dissolution of marriage through the court

If the spouses have decided to legally formalize the separation, a number of steps must be taken. In the simplest case, for a divorce you will only need the state fee for divorce paid by each party, which currently amounts to 650 rubles.

The claim, as in the first case, is submitted to justices of the peace.

Requirements for divorce and alimony can be listed in one statement of claim, however, it is worth noting that judges have certain deadlines for considering cases and until all demands are considered, we will not be able to obtain a decision.

Read also: Registration of children in first grade: 2020-2021

The period for consideration of alimony cases is 1 month. Divorce can take a long time, as the parties are often given a period of 3 months for reconciliation. In this regard, lawyers usually file two claims separately, for divorce and for alimony.

State duty for divorce through court or registry office in 2020

In each specific situation, there are many nuances regarding procedural actions in court; our specialists with extensive experience are always ready to help you and warn you in advance against possible threats and losses. We are waiting for your call +7 (495) 722-99-33!

Situation 1. Divorce, no property disputes or disputes about children

For both women and men, divorce is extremely stressful; often people experience depression, which is accompanied by mental suffering and thoughts about an unsuccessful family life, and besides, they have to collect and prepare documents, attend court, which only aggravates the situation.

This is interesting: Room partitions 2020

A qualified specialist will answer all questions, explain the rights, obligations and responsibilities of the parties during a divorce, help draw up an effective action plan, and tell you how much is needed to deposit the state duty into the account of government agencies in 2020.

• If the value of the property to be divided is no more than 20,000 rubles, the state duty will be equal to 400 rubles.
• If its cost is more than 20,000 rubles. but less than 100,000 rubles, the state duty will consist of 2 parts: 800 rubles + 3 percent of the value of the property.
• If the divisible property is valued at more than 100,000 rubles, but less than 200,000 rubles, a fixed amount of 3,200 rubles is paid. + 2 percent of the property value.
• If the value of the divisible property exceeds 200,000 rubles, but is less than 1,000,000 rubles, the state duty is paid in the amount of 5,200 rubles. (fixed amount) + 1 percent of the amount that exceeds RUB 200,000.
• If the value of the property being divided is more than 1 million rubles, the duty will be 13,200 rubles. + 0.5 percent of the amount exceeding 1 million rubles.

How much is the state duty for divorce in Russia?

Divorce through the registry office can be considered not only as the cheapest, but also as the most convenient and fastest option to end an uncomfortable relationship. But this option is not suitable for all married couples. You cannot get a divorce through the registry office if:

Let us note that if one of the divorcing parties does not agree with the divorce court’s decision, then she has the right to file an appeal and cassation complaint to higher courts. In this case, the applicant is exempt (clause 1, clause 6, article 333.26 of the Tax Code).

State fee for divorce in court

Many people are interested in the issue related to the validity period of the payment.

In the regulatory legal acts in force today, there is no .

However, in legal practice, certain points are still highlighted by which the validity of the listed fee for the provision of certain services is established.

Amount of state duty for divorce through court

Installment or deferment of this payment is carried out at the written request of the duty payer. To do this, the court must submit a certificate of income, documents confirming, for example, the presence of dependents who need to be supported, or the costs of treatment and other expenses that do not allow paying the entire tax amount at once.

The divorce procedure through the court has a number of differences. In case of legal dissolution of the union, payment of the state fee for divorce will be 1,300 rubles. Initially, when filing a claim, you must provide a receipt for depositing funds into your account. The plaintiff must do this, and in the application he must indicate that after the decision is made, half of the amount should be recovered from the defendant.

How much is the state duty for divorce in Russia?

Sometimes a peace agreement is cheaper for spouses than a legal dispute. Before you begin dividing your property, you should carefully calculate the costs and consider the feasibility of this approach. A statement of claim to the court costs the submitter (one of the spouses) 650 rubles. The value of acquired property affects the final amount of state duty.

Divorce in court in 2020

The divorce procedure requires significant effort and preparation. It affects the interests of not only spouses, but also common children and property. Preparing for the process takes a lot of time, taking into account the collection of documentation, conducting examinations and assessing real estate and assets to calculate state duties.

An experienced divorce lawyer not only helps to collect documentation and draw up a claim, but also protects the client’s interests in the courtroom. If the case is won, it is possible to recover the funds spent and state fees.

A qualified specialist will significantly increase the chances of a positive court decision.

When filing a unilateral application for dissolution of family ties, the applicant will have to pay a state fee of 350 rubles. Cost of the state fee for divorce through the court in 2020 The amount for providing legal services for dissolving a family union through the court will cost the applicant more than an administrative divorce through the registry office, because

State duty for divorce in 2020 through court details Yuzhno-Sakhalinsk

In this case, the civil registry office independently verifies the fact of payment in the department of the Ministry of Justice of the Russian Federation for the Sakhalin Region. The inspection period is 5 working days. The decision to provide a public service (acceptance of an application) is made based on the results of the inspection.

The check is also carried out in cases of payment of state duty: - via the Internet and presentation of a printed receipt for online payment; — through payment terminals (except for terminals of Sberbank of the Russian Federation).

The applicant may present a document confirming payment of the state fee on his own initiative. In this case, no verification is carried out, and the service is provided (the application is accepted) on the day of application.

If it is within the range of up to 100 thousand, then the fee will be 800 rubles (fixed part) + 3% of the cost, which exceeds 20,000. In further cases, the scale will be as follows:

State fee for divorce in court

According to statistics, since the 90s, the rate of divorce proceedings has exceeded 600,000 per year. When deciding to end a marriage, spouses are required to go through a formal divorce procedure and pay a state fee.

For divorce you must pay a state fee. This rule also applies in 2020.

In this case, the state duty is paid both for the state registration of divorce, carried out by the Civil Registry Office, and for the consideration of cases by courts and magistrates in the event of divorce in court.

The amount of the state duty is established by the Tax Code of the Russian Federation. In the article you will find the amounts of state fees related to divorce, applicable in 2020.

State fee for divorce

• 650 rubles from each spouse - in case of mutual consent of spouses who do not have common minor children (clause 2, clause 1, article 333.26 of the Tax Code of the Russian Federation);
• 350 rubles from one spouse - upon divorce at the request of this spouse if the other spouse is recognized by the court as missing, incompetent, or sentenced for committing a crime to imprisonment for a term of more than three years (clause 2, clause 1, article 333.26 Tax Code of the Russian Federation);
• 650 rubles from each spouse - upon divorce in court (clause 2, clause 1, article 333.26 of the Tax Code of the Russian Federation).

State fee for divorce certificate

The amount of the state fee for divorce in 2020 for a claim of a property nature depends on the price of the claim and is determined according to the rules established by paragraphs. 1 clause 1 art. 333.19 of the Tax Code of the Russian Federation. For clarity and convenience, the table below shows the size of the state duty depending on the price of the claim; the mentioned rules are summarized in the table below:

Thus, a divorce through the registry office will cost 650 rubles for each spouse. When submitting an application unilaterally in cases established by law - 350 rubles. Through the court without division of property - 1,300 rubles for each spouse (650 rubles for filing a claim and 650 rubles for issuing a divorce certificate). The state fee for a divorce through court with division of property will depend on the value of the claim.

1. Oral consultation on divorce – from 1000 rubles.
2. Written consultation - from 2500 rub.
3. Preparation of a statement of claim for divorce - from 3,000 rubles.
4. Representation of interests before a magistrate - 20,000 rubles.
5. Representation of interests in federal court in a case of division of property - from RUB 30,000.

○ Average cost of legal services

Divorce through court is a more expensive procedure. Its cost will depend on whether the husband and wife will divide the property acquired during the marriage, whether the divorce involves the division of children, the collection of alimony, whether a marriage contract was concluded between the spouses (we have a detailed article with us on the conditions and execution of a marriage contract).

In 2015, the cost of the state fee for divorce was naturally increased and did not change in 2020. There are still different amounts to be paid for several grounds of divorce. These changes were made to Article 333.26 in the chapter on state duty of the Tax Code of the Russian Federation.

Details for paying the state fee for divorce in court

1. If a divorce is done through the registry office, both spouses must pay 650 rubles each and attach the receipts to other documents. In case of a unilateral divorce (for example, when the other party is considered missing), only the filing party pays the state fee.

   The amount will be 350 rubles.

2. When dissolving a marriage through the court, the cost of the fee remains the same - 650 rubles for the husband and wife. However, it should be taken into account that since the statement of claim is usually filed by one spouse - the plaintiff, the payment of the fee falls entirely on his shoulders.

Details for paying the state fee for divorce through court

If one of the reasons for going to court during a divorce is the lack of agreement on the division of property, you need to be prepared for additional costs during the legal proceedings. Depending on the value of the share of property claimed by the plaintiff, the amount of the state duty will differ.

• one of the spouses concealed the fact that he had previously been married and did not dissolve it;
• the marriage was fictitious;
• one of the spouses entered into a forced marriage;
• one of the spouses at the time of marriage was a minor and did not have permission to marry;
• spouses are immediate family members;
• the spouses are the adoptive parent and the adopted child;
• one of the spouses was declared incompetent by the court at the time of marriage;
• one of the spouses hid the presence of a sexually transmitted disease or HIV infection from the other.

Payment of state fees for divorce

What else would I like to say about additional payments and refunds? It will be necessary to reimburse the court for the missing money within the first ten days after the decision gains legal force.

You can get your money back only a month after the corresponding application is written. It also happens that one case is divided into two or more (at the discretion of the faithful servants of Themis).

In this case, you do not need to pay again.

How much will you have to pay for a divorce at the registry office?

The rise in prices for most government services has also affected the prices for divorce proceedings. Today, a pressing question for many is: how much will a divorce through the registry office or court cost in different situations? We will try to provide detailed information. The following factors will influence the amount of costs incurred:

To submit an application, you can contact the registry office at the address of the husband or wife or the one in which the marriage took place. It is also possible to do this at the nearest multifunctional center or through the State Services portal.

An important nuance - payment of the state fee includes not only the divorce but also the issuance of the corresponding certificate in one copy to each spouse; if it is necessary to request a duplicate of the document, the fee must be paid in full again.

What documents are needed for divorce?

• common minor children or pregnancy of the spouse at the time of divorce with a common child;
• one of the spouses expresses reluctance to divorce;
• property claims against each other, lack of mutual agreement on the division of joint property.

Source: https://baiksp.ru/pravo-sobstvennosti/gosposhlina-v-sud-za-rastorzhenie-braka-v-2019-godu-rekvizity