Divorce without a marriage certificate: is it possible to apply?

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Divorce without a marriage certificate: how to get a divorce

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• application for divorce;
• passports on both sides;
• marriage certificate;
• confirmation of payment of state duty.

This set may vary depending on each specific case of divorce. For example, documents confirming family composition, birth certificates of children, or information about the division of property can be added. You need to pay attention to other points:

• Certain papers must be submitted in original, while others can be copies;
• During a divorce, the court may require confirmation that is not specified in the standard list.

An important document for divorce is a marriage certificate. It is necessary to submit it to any authority that will deal with the divorce. And when submitting packages of documents that are slightly different from each other (depending on the type of divorce), the marriage certificate must be provided in the original.

Quite often situations arise when there is no marriage certificate. There are various reasons for this fact. And the question of how to carry out a divorce without a certificate and whether it is possible to use copies is relevant for many.

But, before getting answers to these questions, it is necessary to consider basic information about the types of divorce, the list of documents for each type and the rules for submitting them to the relevant authorities.

How to get a divorce: ways

In what cases does the process take place in the registry office:

• if spouses do not want to live together and do not have children, or if their children are already 18 years old;
• when the second spouse is in custody, when his whereabouts are unknown or he is incapacitated.

Divorce must be done through the court:

• if one of the family does not consent to divorce;
• if disputes arise regarding the division of property;
• if there are small children in the family;
• in case of disagreement regarding the child’s place of residence.

The trial does not drag on even if there are children, if the spouses have reached agreement on everything.

A package of documents and the procedure for submitting them for divorce at the registry office

Divorce through the registry office is the easiest and fastest. Accordingly, in this case the package of papers to be collected is minimal. It consists of the following documents:

• statement;
• passports;
• original marriage certificate;
• confirmation of payment of state duty.

To save time on paperwork, it is better to familiarize yourself in advance with the procedure for submitting the necessary papers to the relevant authorities. The order is as follows:

• All papers are submitted and signed by each spouse personally. In the event that one person cannot be present when submitting documents for a good reason, he provides a statement certified by a notary asking for their acceptance.
• If one of the spouses is in prison, then it is necessary to obtain his consent in writing, certified by the management of the prison.
• Conveniently submit documents online. A special form is filled out and the necessary data is entered. At a convenient time, you can go to the registry office and bring not copies, but originals, and sign the application.

List of documents and their submission to court

The list of papers for the court will be somewhat large:

• Statement. It is drawn up by both spouses with mutual consent and is not filled out in detail. If there is no consent of one partner, the other draws up a statement detailing the reasons for divorce.
• Passports of both spouses or one of them if the other does not agree to the divorce. Passports must be originals.
• Children's birth certificates are provided and copies can be made. They must be certified by a notary.
• Certificate of family composition.
• Original marriage certificate.
• Confirmation of payment of state duty.

As you can see, more papers need to be collected, and in both cases an original certificate is required. Copies are not accepted for consideration either at the registry office or in court. So we come to the question of how to act for people who do not have the original marriage certificate in their hands.

How to get a divorce without a certificate

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 specific problem, please use the online consultant form on the right or call the free hotline:

• 8 800 350-13-94 — For regions of Russia
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It often happens that people who want to separate from their significant other do not have the original marriage certificate. It may be lost or simply hidden by one of the spouses who does not want to separate.

And all organizations that deal with divorce proceedings require original copies. In any case, you will have to restore the original; copies will not work. There are several situations that often arise in life without this paper:

Both spouses agree to divorce

Another situation is when both agree to get a divorce, but no one remembers the record number and date. Then, before submitting a joint application, you will need to obtain a second certificate. For this purpose, an application is also written for the issuance of an important document, and always to the registry office where the union was registered.

One of the spouses is against divorce

If one of the spouses does not agree to end the relationship, then it is necessary to go to court at his place of residence. Write a statement of claim and indicate in it that the paper is lost or one of the spouses does not want to give it back. The court must assist and contact the registry office at the place of registration for evidence of the existence of this union.

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Is it possible to file for divorce without a marriage certificate?

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Divorce is the termination of a marital relationship between a man and a woman, formalized through the registry office or court. The speed and features of the procedure depend on a number of circumstances. These include mutual consent of the spouses, the presence of minor children, and property issues.

The most important role is given to providing the necessary documents, including:

• Applications for divorce (to the registry office or court);
• Passports of the parties;
• Receipts for payment of state duty;
• Marriage certificate.

The last document is submitted to the registry office exclusively in the original, to the court - in a copy, but the judge may oblige one of the parties to submit the original document for review.

Lack of marriage certificate

A marriage certificate is an official confirmation of the marital union received by the parties when formalizing the relationship. The document confirms the legality of the procedure and is mandatory in almost all cases of divorce. The document is required by all government bodies (registry office and court) involved in divorce.

Often the original is missing due to various reasons. The most common of them are:

• ordinary loss;
• destruction or damage;
• retention by the second spouse who openly refuses to dissolve the relationship or sabotages the process.

In all cases, it is necessary to obtain the document again, since copies are not accepted for consideration.

IMPORTANT! The absence of a certificate determines the nature of the divorce procedure, requiring the spouses to obtain a duplicate from the registry office or unilaterally go to court when the necessary request goes through this authority.

Situations preventing obtaining a Certificate

There are a number of cases in which the process is delayed or requires going to court. These include:

• Order a duplicate from another city. Bureaucratic issues and postal delivery will take about 20-30 days, because a notarized application will be required. As a last resort, you will need to contact the registry office archive. Any application sent from another city is best certified by a notary;
• People who receive a second certificate in another country have to wait the longest. As a rule, we are talking about the neighboring countries, when marriages took place under the USSR. The procedure is carried out through the consulate, taking 2-6 months.

Today, along with the registry office and the court, you can get a duplicate through the public services portal or using the services of law firms. The second method involves a notarized power of attorney and payment in the amount of 5-10 thousand rubles for the services of a representative

.

How to file for divorce without a marriage certificate?

The procedure for divorce in the absence of an official certificate is carried out through the registry office or court. If the other party refuses a divorce, the court is contacted at her place of residence.

Divorce without a marriage certificate through court

The statement of claim indicates the loss of the document or its retention by the spouse. Usually, court representatives quickly solve the problem by contacting the registry office with a corresponding request.

IMPORTANT: You can also contact the registry office for a marriage certificate, then attach it to the claim. This document will be sufficient for the court.

Thus, you can file a claim for divorce in court without a certificate of marriage.

Divorce without a marriage certificate through the registry office

Divorce in the registry office requires the participation of both spouses. They provide their passports by writing a joint application for the termination of the marriage.

If the application is submitted to a registry office other than the body that registered the marriage, you will need to initially request a duplicate of the certificate. Upon receipt, the new paper acquires official status, and the old one becomes legally void.

IMPORTANT: The provision on the possibility of divorce without a marriage certificate in the registry office that registered the union of spouses is contained in paragraph 4 of Art. 33 Federal Law “On registration of acts of civil status”.

Also, the absence of a certificate is not an obstacle to divorce through the registry office that entered into the marriage in situations that give the right to a unilateral divorce:

• Incapacity of one of the spouses;
• Missing persons confirmed by law enforcement agencies;
• Imprisonment when the remaining term exceeds three years.

Where to apply for a duplicate divorce certificate

For a duplicate of a lost or withheld certificate, you must contact the Civil Registry Office. It is best if this is the department that registered the marriage, but it is also possible to apply at the current place of residence, when employees independently make a request or use a single archive.

If you have passport data, the presence of the second spouse is not necessary. You can also receive the document:

• Children of incapacitated parents;
• Persons with the status of official guardians;
• Representatives of one of the spouses with an official power of attorney (mostly specialists from law firms).

If the marriage is declared invalid, the issuance of a duplicate will be refused. On weekends and public health days, the registry office offices are closed, so it is better to check in advance about the dates for receiving the document.

Step by step guide

To receive a document, the applicant must complete a certain sequence of actions:

1. Writing an application for a duplicate;
2. Payment of the state fee for re-issuance of the certificate;
3. Providing an application and receipt to the registry office employee;
4. Obtaining a duplicate.

Statement

The application is made in Form 19 and the form is available in each department.

Download sample - Form No. 19

By contacting the registry office that registered the marriage, the spouses (with mutual consent) may not restore the lost certificate. If the divorce goes through another branch, they submit an application and wait 20-30 days.

Usually employees are interested in the reasons for the absence of a document; it is best to tell the truth, indicating loss, damage or reluctance of the other party to get a divorce. The application shall indicate:

• Full name of the manager in whose name it is written;
• Full name of the applicant;
• Request for reissue;
• Address of the authority that registered the marriage;
• The reasons that determined the need for the certificate;
• Date, signature.

The form is filled out by hand in neat handwriting without blots, which the registry office employees are critical of.

Documentation

To obtain a duplicate you need:

• Passport of the applicant spouse (a foreign passport or military ID serves as a replacement);
• Receipt for payment of state duty (in the amount of 350 rubles).

In some situations it is necessary to present:

• Death certificate of the second spouse;
• Documents certifying the incapacity of a person who was previously married (if the application is submitted by children or a guardian);
• A notarized power of attorney, if the matter is entrusted to third-party specialists;
• Divorce certificate. The situation arises when the ex-wife wants to restore her maiden name:
• A copy of the verdict and a certificate from the Federal Penitentiary Service confirming the status of the spouse as a person serving a sentence.

Having received a new certificate, the applicant signs the account book and can use the document for its intended purpose when filing a claim for divorce.

When can you dissolve a marriage without a marriage certificate?

It is possible to dissolve a marriage without a marriage certificate.

• Through the registry office - if you submit documents to the same body that registered the marriage;
• Through the court - if you present a certificate of marriage or petition the court to request it.

In other cases, namely when applying to the registry office from another city or to the registry office that did not register your marriage, you will need to obtain a duplicate certificate.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Divorce without a marriage certificate: how to get a divorce

The purpose of a marriage certificate is to confirm the legality of the resulting union. It may be required later when resolving various situations, including if the couple decides to divorce. Therefore, the absence of this document can create many problems.

If a divorce is necessary, when the spouses do not have this document, they have a question about whether it is possible to file for divorce without a marriage certificate.

Let's consider what ways to solve the problem are used in accordance with the rules established by law in order to get a divorce in the absence of a marriage document, what are the features and procedure for its restoration in different methods of divorce.

Reasons for missing a Marriage Certificate

Spouses receive a certificate upon registration of a family union. It confirms the validity of the completed act of concluding a marriage union. Spouses are issued one common registration document. If they treat it carelessly and do not worry about its safety, then it may disappear.

Certificate may be missing for various reasons:

• his spouses lost him;
• the document was destroyed by mistake or, for example, in a fire, or it was damaged;
• he may be held back by a spouse who does not want a divorce. When the initiative for divorce comes from one partner, the second can hinder the divorce process in every possible way, for example, by hiding the original document.

In the absence of a document confirming the legality of the family, a divorce can still be filed. To obtain a divorce, you will need to obtain a duplicate document as photocopies without the original document cannot be accepted.

Ways to divorce without a marriage certificate

You can get a divorce when there is no Certificate in the same way as if you have one, only they will be complicated by the need to restore the document. In this case, you can get a divorce:

• in the registry office where the marriage was registered, or in another department, if you first restore the missing document;
• in court, if the certificate is restored before filing the application, or petition to demand the document when filing a divorce claim.

If, before starting the divorce procedure in court, the certificate is restored by the plaintiff himself, then the divorce procedure will not differ in any way from the usual divorce process.

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Divorce is available at the registry office if:

• the divorcing couple has no minor children;
• both partners do not object to the divorce;
• the defendant is considered an officially incompetent person, he is missing or is serving a sentence.

Divorced in court:

• when a family has children under 18 years of age;
• when only one spouse made the decision to divorce;
• The couple had disputes over issues surrounding divorce.

Divorce in the registry office in the absence of a certificate

When family circumstances meet the conditions listed earlier, and there are no children in the family for whom the parents are responsible, and both spouses consciously decided to divorce, then they have a direct path to the registry office.

Registration of divorce in the registry office that registered the creation of a family

If the couple has retained data on the record of the completed act of registration of their marriage, including its date and registration number, then they can be restored in this registry office and get a divorce immediately. The possibility of such a procedure is provided by paragraph 4 of Article 33 of Federal Law No. 143. Preliminary restoration of the certificate in this option will not be necessary. In this case, spouses must:

• come to the registry office that registered the union;
• present your passports there. It is important that the passport contains a note about marriage;
• write a mutual statement of intention to divorce on a standard form;
• pay the state duty established by law. Its size is 650 rubles for each partner. Obtain bank details and account number from the registry office;
• in a month, receive the long-awaited document in the form of a divorce certificate.

Divorce in any registry office or through the MFC

If it is impossible to apply for a divorce to the registry office that registered the marriage, and there is no data on the act of its registration, the spouses must:

• first obtain a duplicate of the document;
• After receiving it, you need to submit it, along with a joint application and a receipt for payment of the state fee, to the registry office, and wait for the divorce to be formalized. It will be done within a month after submitting the documents.

How to get a duplicate of the Certificate?

To restore a document you need:

1. Submit an application to the registry office or through intermediary organizations. Either spouse can apply.
2. Pay the fee, its amount is 350 rubles.
3. Receive a re-Certificate.

Important! If the original Marriage Certificate is lost and there is no information about the registration record, a duplicate document is issued, which has a new serial number and contains a note that it is a duplicate. The original document is then canceled.

It is better to obtain a duplicate certificate at the registry office where the marriage was registered, but you can also contact any other registry office, as well as fill out an application through the government services website.

The difference in obtaining a duplicate through these authorities will only be in the timing:

• The registry office where the marriage was registered will issue a new document within one working day;
• If you apply to another registry office, you will have to wait up to one month, because to produce a duplicate of the certificate, you will first need to send a request to the registry office that issued the original, or search for registration of the act in the unified state archive;
• through the MFC and the government services website you will also need to wait up to two to three weeks for a duplicate.

What should an application for a duplicate contain?

To fill out an application for receiving a lost document, a special standard form is provided. You need to enter the following information:

• name of the authority carrying out the document restoration;
• information about the identity of the applicant: full name, registration address, passport information;
• application with a request to issue a second marriage certificate of the parties who entered into a marriage (indicate their full names indicated in the document and the name of the registry office that issued the certificate);
• reasons for obtaining a duplicate. In the event of a divorce, the reason will be a claim to the authority carrying out the divorce;
• date and signature of the applicant.

A repeated marriage certificate in accordance with Article 9 143-FZ paragraph 2 can be received by each of the partners in respect of whom an entry was made in this document, regardless of whether there is the consent of the second partner.

Divorce in court in the absence of a certificate

A couple has to file a divorce in court if the conditions described earlier are met. The procedure for divorce in court in the absence of a marriage document should include the following actions:

1. First, the spouse who submitted the application must take care of obtaining a duplicate of the Certificate. Therefore, he needs to consistently go through the procedure for obtaining a second marriage document, using one of the options described above.
2. Next, he must prepare documents confirming the information that will be contained in the claim.
3. Then he needs to file a claim for divorce, observing the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation, and pay the divorce fee required by law.
4. The application and all prepared documents, including a duplicate of the Certificate, are submitted to the court office, where a trial date is set.
5. The participation of the plaintiff in the consideration of the divorce case of the couple is mandatory. The defendant must also have an interest in being present during the divorce proceedings. Ignoring court hearings will not be a reason to cancel the divorce.
6. After a divorce decree is issued to the plaintiff, it must be presented to the registry office and receive a Certificate of Divorce. The defendant also needs to register a new status, free from marriage, as a citizen in the registry office.

If the Certificate is deliberately concealed by the spouse when he does not want to get a divorce and in every possible way prevents the divorce, then the plaintiff can describe these circumstances in a statement and apply to the court with a request to demand a document from the defendant or request information from the registry office that registered the marriage about the conclusion of the marriage union.

Indicating the reason for the absence of a marriage document can speed up the restoration of information about the document or the return of its original.

Source: https://lawinfo24.ru/family/divorce/mozhno-li-podat-na-razvod-bez-svidetelstva-o-brake

Divorce without a marriage certificate

It is also possible to dissolve a marriage through the registry office unilaterally if one of the spouses is declared incompetent, missing, or sentenced to a term of three years or more. In the event of a divorce, the marriage certificate is not taken away from the registry office; it is returned to the applicants with a note about the state registration of the divorce.

An important document for divorce is a marriage certificate. It is necessary to submit it to any authority that will deal with the divorce.

And when submitting packages of documents that are slightly different from each other (depending on the type of divorce), the marriage certificate must be provided in the original.

If an application for divorce is filed in court, then the following are additionally required:

• claim for division of joint property;
• power of attorney, if the interests of those divorcing in court are protected by their representatives;
• a receipt for payment of an additional state fee if issues regarding common property are being resolved in parallel with the divorce.

How to get a divorce without having a certificate Quite often it happens that people who want to separate from their significant other do not have the original marriage certificate. It may be lost or simply hidden by one of the spouses who does not want to separate.

Is it possible to file for divorce without a marriage certificate?

Both registration and divorce are official procedures that require a package of necessary documents to be completed.

And if to register a marriage you need the passports of the future spouses, a receipt for payment of the state fee and their joint statement of desire to get married, then for a divorce you need more documents.

• a declaration of divorce drawn up and signed by both spouses;
• original passports of both spouses;
• original marriage certificate;
• receipt for payment of state fees for divorce.

If the spouses cannot agree on the need for a divorce or one of the spouses is against it, there are minor children in the family or it is necessary to divide jointly acquired property, then a divorce will have to be done through the court.

In this case, going to court is even more necessary:

• application for divorce - it is either written by both spouses, or, if one party is against divorce, the application is drawn up by the other party in detailed form;
• passports of both spouses (or only one, if the second is against divorce);
• original marriage certificate;
• receipt of payment of state duty;
• certificate of family composition;
• children's birth certificates.

Other documents may also be required; full requirements for the package of documents can be found in court.

How to get a divorce without a marriage certificate

If the application is submitted by one spouse in the presence of the circumstances specified above (clause 1), then you will need to additionally attach:

• a court decision declaring a spouse incompetent or missing;
• court verdict convicting the husband.

There are several situations that often arise in life without this paper: Both spouses agree to divorce. When both spouses have come to a consensus on the need for separation, you can submit a joint application and all other papers to the registry office. But at the same time, you need to remember the number of the entry on the completion of the union of the young in the acts and its date. Your record will then be picked up and the instance restored. The process will be completed in a month.

This package of basic documents can be supplemented depending on the circumstances (for example, with documents such as children’s birth certificates, income and medical certificates, documents on the acquisition of material assets, etc.), but cannot be reduced.

All of the above documents are required for divorce. A marriage certificate is an official document that confirms that two people have entered into a marriage. The act acquires legal force from the moment of registration and is issued by government officials.

The document is filled out in accordance with the form approved by order of the Ministry of Justice of the Russian Federation dated June 30, 2017 No. 116.

A marriage certificate is an official confirmation of the marital union received by the parties when formalizing the relationship. The document confirms the legality of the procedure and is mandatory in almost all cases of divorce. The document is required by all government bodies (registry office and court) involved in divorce.

But what to do if you need to get a divorce, and the marriage certificate is lost, damaged or hidden by the second spouse, who in every possible way interferes with the divorce process? It turns out that the absence of a certificate is not a reason for government authorities to refuse a divorce if the rules provided by law are followed. Quite often situations arise when there is no marriage certificate.

There are various reasons for this fact. And the question of how to dissolve a marriage without a certificate and whether it is possible to use copies is relevant for many. Is a marriage certificate taken away during a divorce? No.

The absence of the original will not be a reason for refusing to dissolve the union if the parties submitted an application to the district registry office in which the official union was registered. In other situations, you will have to issue a duplicate or an extract.

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Licenses

Is it possible to file for divorce without a marriage certificate?

If the wife and husband cannot contact the registry office where the marital union was registered and/or do not remember the date and number of the marriage registration, in order to get a divorce they will first need to obtain a certificate again:

1. Contact the registry office or the MFC with an application for the re-issuance of a marriage certificate.
2. This document, the legal force of which is equal to the original certificate, a place with passports and a receipt for payment (the state fee for divorce is 1300 rubles), is attached to the joint application for divorce and submitted to the registry office.
3. After 30 days, take part in the standard administrative divorce procedure.

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If the spouses have minor children or other circumstances that prevent a divorce through the registry office, the divorce process by mutual consent involves going to the magistrate's court.

Conditions for divorce

When spouses have a mutual desire to end the relationship, they simply go to the registry office or judicial authority and write a corresponding statement. However, in order to prevent infringement of the rights of the wife or husband, the law establishes some restrictions related to this process.

Divorce without the consent of one of the spouses cannot be effected in one or more of the following situations:

• when a woman is in a position that she can confirm with an appropriate certificate from a medical institution;
• if the couple’s common child is not yet 1 year old;
• within a year after birth if the pregnancy ended in stillbirth.

If one of the spouses refuses to divorce the other, he should go to court. Regardless of the defendant’s opinion, the trial will eventually take place. But such a procedure will require more time. Also, a positive decision in a judicial body can be obtained if the defendant does not appear at court hearings or deliberately tries to interfere with the process.

There are also a number of situations when a man has the right to get a divorce in the registry office without the approval of the other party:

• the court decision declaring the woman legally incompetent comes into force;
• she broke the law and was sentenced to more than 3 years in prison;
• the wife has gone missing.

A divorce without children and without the consent of the spouse can be filed at the registry office if at least one of the above circumstances occurs in the family.

Divorce without a marriage certificate All about finances

In any case, you will have to restore the original; copies will not work.

There are several situations that often arise in life without this paper: Both spouses agree to divorce When both spouses have come to a consensus on the need for separation, you can submit a joint application and all other papers to the registry office.

But at the same time, you need to remember the number of the entry on the completion of the union of the young in the acts and its date. As a result of state registration of marriage, the newly-made wife and husband receive a document - a marriage certificate.

It proves the legality of the procedure and serves as official confirmation of the marital union. A marriage certificate is one of the main documents that must be presented by spouses for divorce - administrative or judicial. Moreover, it must be presented in the original.

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Often the original is missing due to various reasons. The most common of them are:

• ordinary loss;
• destruction or damage;
• retention by the second spouse who openly refuses to dissolve the relationship or sabotages the process.

Today we bring to your attention an article on the topic: “How to file for divorce if there is no marriage certificate.” We tried to fully cover the topic, and our specialist Sergei Shevtsov will share important information based on his work experience.

Divorce is the termination of a marital relationship between a man and a woman, formalized through the registry office or court. The speed and features of the procedure depend on a number of circumstances. These include mutual consent of the spouses, the presence of minor children, and property issues.

This set may vary depending on each specific case of divorce. For example, documents confirming family composition, birth certificates of children, or information about the division of property can be added

You need to pay attention to other points:

• Certain papers must be submitted in original, while others can be copies;
• During a divorce, the court may require confirmation that is not specified in the standard list.

Judicial procedure is mandatory if there are minor children in the family or one of the spouses refuses to divorce. To go to court, you must draw up a statement of claim for divorce.

The party who does not agree to the divorce may send a response to the statement of claim to the court. Another way to speed up the process is to sign an agreement on the division of marital property and an agreement on the payment of alimony.

The main documents that spouses must submit to the registry office or court for divorce are...

• Application (statement of claim) for divorce;
• Passport of wife and husband;
• Marriage certificate;
• Receipt or check for payment of state duty;

Source: https://VsemoBrake.ru/other/mozno-li-razvestis-bez-svidetelstva-o-brake.html

Is it possible to file for divorce without a marriage certificate in 2019?

The divorce procedure must be registered with the civil registry office. To obtain a divorce, the applicant will need to present certain documents, the list of which includes a marriage certificate. But is it possible to file for divorce without a marriage certificate? After all, the document may become unusable or lost.

Divorce without a certificate

If the spouses do not have the opportunity to present a marriage certificate to the registry office for divorce, then they must act as follows:

1. If the spouses have no children and no property disputes, then you can get a divorce through the registry office. And in the absence of a marriage certificate, it can be restored by informing a government agency employee of the date of the wedding. Using the information received, the civil registry office employee will restore the certificate using the Civil Registry Book. Within 30 days the marriage will be dissolved.
2. If the spouses do not remember the exact date of the wedding, then in order to register the divorce they will need to restore the certificate of registration. To do this, spouses should write a corresponding application to the registry office where the marriage took place.
3. The divorce procedure can be delayed if one of the spouses does not agree with the dissolution of the marriage and does not hand over the document. In this case, the initiator of the divorce process should write a claim to the court and indicate in it the fact that the marriage certificate is missing due to loss or concealment by the other spouse. In this situation, the court will request the relevant information from the registry office, after which a certificate of family registration will be sent to the court, and the divorce will be formalized. The plaintiff himself can obtain a duplicate before filing a claim in court.

Divorce through the registry office without a certificate

Termination of official relations through the registry office is the fastest and easiest. To register a divorce, the following papers are required:

• statement;
• civil passports of spouses;
• check for payment of state tax.

Applicants will be required to do the following:

1. To register a divorce in the absence of a marriage certificate, you will have to contact the registry office that registered the creation of the family.
2. A government agency employee will need to present a passport with a marriage registration stamp.
3. At the registry office, those getting divorced will be given an application form in Form No. 8. It must be filled out and given to the employee.
4. For the divorce procedure, each spouse will have to pay a state fee of 650 rubles. Details are issued at the registry office.
5. After 30 days, if the spouses do not change their minds, the divorce will be registered and each of them will be issued a certificate confirming the dissolution of the marriage.

Download a sample application form for divorce through the registry office (form No. 8)

Divorce through court

If there are any obstacles to terminating the marriage relationship through the registry office (minor children, property disputes, refusal of one of the spouses to divorce), you will have to go to court. If the issue of division of jointly acquired property is resolved between the spouses, then the claim should be sent to the magistrate's court. If there is no compromise, it must be sent to the district court.

If the marriage certificate is lost, then a certain sequence of actions is recommended:

1. Before filing a claim, contact the registry office or MFC to restore the document.
2. Prepare a claim and documentation for it: passports of citizens of the Russian Federation, a duplicate of a marriage certificate, children's birth certificates, a check for payment of a state fee in the amount of 600 rubles, etc.
3. 30 days after filing the claim, the first trial will be held.
4. If the claim is satisfied, the parties may receive a court decision.
5. You must contact the registry office with the court document to obtain a certificate of divorce.

To obtain a duplicate certificate through the MFC or Civil Registry Office, the following papers are required:

• application form form No. 19 (issued on site);
• a copy of a civil passport with a stamp confirming marriage registration;
• check for payment of state tax in the amount of 350 rubles.

If the application is submitted to the same registry office where the family union was registered, then you can receive a new document within a day. If the application to restore the certificate was submitted to another government agency, you will have to wait 20-30 days.

Divorce from an absent spouse without a marriage certificate

The law allows unilateral divorce in the following cases:

• by a court decision the spouse was declared to have lost legal capacity;
• the spouse has been declared missing by the Ministry of Internal Affairs (the relevant document can be obtained from the local police officer);
• the spouse is serving a sentence in a colony for more than 3 years.

In each of these situations, the initiator of the divorce can provide a notarized copy of it instead of the lost marriage certificate. Therefore, after marriage, it is better to make several copies of the document. This will help avoid possible difficulties in the future.

It is much more difficult to obtain a divorce if the marriage was registered in another state: when one of the spouses left the country where the marriage took place, and the second lives in it permanently and does not intend to leave. It is impossible to obtain a divorce without a marriage certificate in such a situation.

You do not need to leave the country to get a divorce. You should contact the Consulate of the state where the family was registered.

Employees of the institution should declare their desire to file for divorce and the absence of a marriage certificate. If there are no minor children, then applying to the Consulate is enough to obtain a divorce.

If you have children, you cannot do without filing a claim in court.

Let's sum it up

If there is no marriage certificate, the court will initiate its restoration, after which the divorce will be filed. It may take 2-3 months to receive a new document.

Thus, in a number of situations, the law allows you to register a divorce without a certificate of registration. To avoid time-consuming recovery procedures, it is recommended to make several copies of the document in advance.

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Source: https://pravovoiexpert.ru/razvod/razvod-bez-svidetelstva-o-brake/