How to obtain a divorce certificate: after a court decision, through the MFC

The divorce process between spouses is carried out in several stages. First, the parties file an application for divorce, then wait for the required period of time by law and only at the end receive an official document indicating the final termination of the marriage. A certificate of divorce takes from 1 to 6 months to be issued, depending on the selected registry office. However, it is not always possible for spouses to appear in person at the registration authority to receive documents. Therefore, a reasonable question arises: is it possible to obtain a certificate of termination of marriage at the MFC.

Who has the right to receive a certificate at the MFC

Obtaining a certificate of termination of marriage relations is possible for the following categories of citizens:

• ex-spouses;
• close relatives, upon the death of a spouse;
• guardians;
• authorized representatives, subject to a notarized power of attorney.

Persons other than those listed above do not have the right to apply to the MFC to obtain divorce papers.

Note! If it is necessary to obtain a duplicate of the lost certificate, the spouse must contact the MFC of the entity in which the registry office that carried out the divorce process is located.

Actions to obtain a certificate of divorce from the MFC

To obtain a certificate of divorce from the MFC, spouses or their official representatives must complete four steps:

1. Contact the multifunctional center directly.
2. Pay the state fee regulated by Article 333.26 of the Tax Code of the Russian Federation.
3. Submit a complete list of papers required by the procedure.
4. Receive a divorce certificate through the MFC.

Contacting the service center

Before directly contacting the MFC to obtain a divorce certificate, a citizen is recommended to make a preliminary registration. There are several ways to perform this action:

1. Through the official portal of the MFC.
2. Through a single platform for identification and authentication of citizens.
3. By calling the hotline or by calling a specific branch of the My Documents organization.

Important! In general, it is not necessary to make an appointment, as the organization offers services on a first-come, first-served basis. However, pre-registration will significantly reduce the applicant's time costs.

It is possible to pay the state fee to obtain a divorce certificate:

• via Internet banking;
• through a self-service terminal;
• at a bank branch;
• directly to the MFC.

According to the Tax Code of the Russian Federation, the fee for issuing a duplicate document is 350 Russian rubles.

Transfer of required documents to MFC employees

Possible options for papers required by the MFC are described in the table below:

Identification:

• passport;
• international passport;
• military ID.

However, there is no need to bring copies of your passport. Employees of the organization will independently make copies of all required papers.

Application : Application in form No. 26 is regulated by Order of the Ministry of Justice No. 144. The application form and sample application are provided directly to the My Documents company.

Papers confirming the applicant's right to receive the service:

• marriage certificate;
• birth certificate;
• certificate of adoption;
• decision of the guardianship authorities;
• death certificate;
• a copy of the court decision with a note on entry into legal force.
• paper on opening of inheritance.

• A complete list of documents can be found in the text of Order No. 194 of the Ministry of Justice.
• Receipt : Original paper confirming the fact of payment of the state fee.

Important! If an official representative of the ex-spouse wishes to receive a certificate, he must be provided with a power of attorney.

Obtaining a certificate of divorce

After receiving all documents, MFC employees will issue the applicant a certificate containing a tracking number for the status of the order. It is possible to understand at what stage the paperwork is at:

• using a special form on the website of the organization’s branch;
• by calling the hotline;
• by calling the contact number of a specific department.

Important! In some regions of the Russian Federation, MFCs provide SMS information. That is, when the document is ready and can be picked up, a corresponding SMS is sent to the applicant’s phone number.

At the final stage, My Documents employees issue the applicant one of the following certificates:

• about divorce;
• about refusal to issue a certificate;
• about the absence of the necessary entry in the registration book.

Note! When requesting a duplicate of a lost or damaged certificate, the service time frame is no more than six working days.

Reasons for refusal to issue a duplicate document

According to the law, the following may be grounds for refusal to provide a service:

• an application from a person who does not have the right to receive this document;
• when contacting the MFC, the applicant did not provide certificates confirming his representative powers;
• the information required to perform the service was not provided by the applicant in full;
• the applicant provided false information to the organization’s employees;
• instead of the original certificate of payment of the state fee, the applicant provided a copy;
• The passport of the person who applied to the MFC is invalid.

In summary: is it possible to obtain a divorce certificate from the MFC and what is needed for this?

Multifunctional centers provide citizens with a huge number of services, including issuing divorce certificates.

To obtain a certificate, the applicant needs to follow a few simple steps: make an appointment, pay the state fee, provide documents and appear at the designated time.

This service is not available in all regions, so before making an appointment, citizens are advised to study in detail the official website of the My Documents branch of the company where they plan to apply.

Source: https://razvod-guru.com/razvod/mozhno-li-poluchit-svidetelstvo-o-rastorzhenii-braka-v-mfts.html

How to obtain a divorce certificate through State Services?

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In the current year, 2019, in order to obtain a divorce certificate, it is not necessary to personally contact the registry office to fill out an application, since you can use the official State Services resource. Using the Internet portal, you can obtain a document regardless of how the divorce was formalized: by a decision made by a judicial authority or by mutual consent. In addition, if a divorce document is lost or stolen, you can order a duplicate of it on the website.

How to find a category on the “Government Services” website?

Free legal consultation

Completing a paper on the termination of a marriage through the State Services website is a simple procedure if you know how to quickly and correctly find the desired category. After the main page loads, you need to go to your personal account, enter the phrase “divorce” in the search bar and click on the search icon.

Note: in your personal account, the search engine is located in the center of the page; in other windows it can be called up by clicking on the icon with a magnifying glass, which is located in the main menu.

Search results will be displayed under the search bar, the first three of which are necessary (see photo)

The search engine is issued by the civil registry office, which is located at the applicant’s place of registration. If you need to find a branch in another territory, then you need to change the name of the locality on the State Services website (directly in the search bar or in the upper right corner of the page).

Before submitting an application for a divorce certificate, you need to make sure that the territorially suitable registry office is registered on the website, otherwise it will be impossible to issue the service.

Reasons for receiving divorce papers

The reason for filing an application with a request to make changes to the state register entries may be the mutual consent of citizens to divorce, as well as a decision made by a judicial authority.

On the official website of Gosuslugi you can fill out an application in both cases, the state fee is paid in the usual manner.

The original divorce paper will need to be picked up in person at the registry office, since at the moment there is no electronic version of the certificate.

To dissolve a marriage by mutual consent using the State Services portal, you must meet two requirements:

1. The married couple has no children under 18 years of age.
2. Both entities agree to file for dissolution of the union.

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If a family has children who have not reached the age of majority, then even with the mutual desire of the spouses, it is necessary to divorce through the court.

Important information: the service of filing a claim in court through the website is not yet available.

After the judicial authority has made a decision to dissolve the marriage, you can begin issuing a certificate through the portal. You can receive the finished original in about one month.

By mutual agreement

Both spouses can file an application to begin divorce proceedings by mutual consent on the State Services Internet resource only after they have issued an electronic signature, since simply confirming an account on the site will not be enough.

After confirming your account and qualified signature, you need to go to the State Services website and select from the Service Catalog the column titled “Registration of divorce.” Next, you need to select the appropriate reason for the divorce and click “Get service.”

The electronic application includes 9 points, namely:

• passport number and series;
• place of residence;
• personal data of the subject;
• information from the marriage document (date and registration number, name of the registry office);
• the surname that the subject will have after the divorce;
• method of choosing a registry office;
• name of the registry office;
• registration for a visit;
• additional information.

In addition, the last stage of filling out the application is to enter the data of the spouse so that he/she will receive an invitation to fill out his part of the application (the request will be sent to the personal account of the second applicant automatically).

After the civil registry office has reviewed the divorce petition, an invitation will be sent to your personal account to visit the institution in order to pick up the document.

Note: each spouse fills out their part of the application and signs electronically. Before sending the application to the registry office, each of the partners (separately) must pay a state fee. If the application was submitted by two parties, but, for example, payment was made only from one, the application will not be considered.

By the tribunal's decision

If the divorce is carried out by court decision, then the individuals who were married have the right to apply for a certificate both jointly and independently. In the first case, a double application will be issued, in the second - an application on behalf of one entity.

Read also: How to get a 2-NDFL certificate through State Services?

To make an application on the State Services website, it is enough to have a verified account, since, unlike divorce by mutual consent, an electronic signature is not required.

After going to the official portal, you also need to select “Registration of divorce,” but with a court decision, and then select “Electronic service” and click on the “Get service” icon, as in the first case.

Submitting an application

To obtain a certificate of divorce through the State Services website, either one spouse or both can submit an application. The differences in the procedure are not significant, but they still exist.

On behalf of two spouses

Some of the information required to fill out an application on behalf of two spouses is taken automatically from the user profile. In addition to the data from your personal account, you additionally need to indicate:

• location;
• number and series of identity document;
• data from the marriage certificate (number and date of registration, name of the registry office);
• the surname that will be after the divorce;
• the date of the court decision, as well as the name of the judicial authority;
• way to find a registry office;
• name of the registry office;
• date of visit to the government organization;
• additional information (nationality, number of children together, education, type of marriage).

After this, you need to enter the date of birth, SNILS, and the email address of your spouse.

The data must fully correspond to the information specified in your personal account, otherwise the subject will not be able to be added to the application.

Once you have completed entering the information, you need to click the “Invite” button. The second spouse will receive an invitation to confirm the information entered and complete their part of the application.

Note: the completion of the procedure for obtaining a certificate can be tracked in your personal account.

From one spouse

• In the list of fields for filling in the data required to submit an application on behalf of one spouse, an additional column “Personal data of the wife/husband” appears on the State Services website, in which you must indicate the full name of the former partner, as well as her/his date of birth.
• Unlike a two-party application, there is no requirement to provide the information necessary to send an invitation to the second applicant.
• After completing the filling out of the electronic document, there will be no “Invite” button, but you can immediately pay the state fee, after which the application will be sent to the registry office.

How to restore a certificate?

If the certificate of termination of the marriage union has been lost or damaged, it can be restored using the capabilities of the State Services website. To obtain a copy, you need to go to the website, log into your personal account and select “Document Recovery” from the list of services.

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To obtain a duplicate document, you will need to fill out an application, adhering to the following recommendations:

• the residential address must be entered starting with the street name;
• data from documents is entered in the following order: date, place of registration, name of the registry office department;
• after entering the information, you need to check if there is a red “X” icon; if there is one, you need to fill out the application using the prompts;
• After identifying the application, you need to make an appointment to receive a copy, and also answer clarifying questions.

After completing the application, you can pay the state fee and, after about 10 days, pick up a duplicate certificate at the designated branch of the registry office.

Free legal consultation

Payment of state duty

Using the State Services portal, paying state fees is much more profitable than through a bank or post office, since you can make a money transfer with a 30 percent discount. To take advantage of the privilege of the site, you must make a payment through your personal account after submitting an electronic application for a divorce certificate.

The payment function appears immediately after filling out the electronic application, if the document is executed by one entity. In the case where the application is made by both spouses, payment will be available immediately after the second entity joins.

You can make payment using:

• bank card;
• mobile device;
• Internet wallets.

Payment of state duty in a bank or via Internet banking is made at full cost.

Obtaining a divorce certificate through the Internet portal “Gosuslugi” has many advantages, such as the ability to fill out an application without contacting government agencies, paying a state fee with a 30 percent discount, as well as the opportunity to restore the paper and draw up an application together with your former partner, and separately. The disadvantages of using the site include the need to obtain a qualified electronic signature, as well as a personal visit to the registry office to obtain the original certificate. The average processing time for an application is 30 days. Registration of receiving a divorce document through the portal is possible only at the registry office registered on the website.

Source: https://mfc-list.info/kak-poluchit-svidetelstvo-o-rastorzhenii-braka-cherez-gosuslugi.html

How to get your copy of a divorce certificate after a court decision?

• Divorce through the court in most cases is difficult and takes a long time, involving the division of property and the determination of the place of residence of the children.
• How can you obtain a divorce certificate with the least loss of time?

Dear readers! To get advice on your problem, contact a lawyer using the feedback form or call:

How to obtain a divorce certificate after a court decision?

The severance of family relationships through the court somewhat complicates the process of obtaining a document of newfound freedom - a certificate of divorce.

This paper is issued to each of the representatives of the former couple separately, and payment of the state duty is also assigned to each separately (the amount of state duty for one copy of the document is 400 rubles).

As Art. 321 of the Code of Civil Procedure of the Russian Federation, the period provided for filing an appeal is 1 month.

If the other party agrees with the divorce in principle and has not filed an appeal, then the judicial authorities, within 3 days after the expiration of the month, are obliged to transfer an extract from the court decision to the registry office, where they will enter a line in the book - and the divorce is completely completed.

Those for whom it is important to quickly free themselves from marriage bonds should keep in mind that the countdown of time is not from the date of receipt of the certificate in hand, but from the day when the court decision gained legal force (Clause 1 of Article 25 of the RF IC).

This means that you can begin actions to obtain a certificate one and a half to two months after the trial - by this time the process will be completed without the intervention of the participants, all that remains is to get your copy of the paper.

An extract from the court decision proves that the citizen does not have a marital relationship, but for any official authorities it is necessary to present a certificate of divorce. Moreover, clause 2 of Art. 25 of the RF IC prohibits entering into another marriage until the citizen receives his copy of the paper.

Although the presence of the former spouses in the registry office to complete the divorce, if there was a trial, is not required, from this body you can obtain a document on the termination of the marriage in case of a personal visit.

You can entrust this mission to your legal representative by registering a power of attorney with a notary.

By mail

• a copy of an extract from the court decision that has entered into force;
• a copy of your passport;
• a receipt confirming payment of the state fee for the issuance of one registered copy of the document on the termination of marriage;
• application for issuance of paper.

A copy of the marriage certificate is not required; this document is no longer valid. You need to address your mailing to the civil registry office where the registration took place, because it is there that the court will send the extract on the basis of which the registration has already been made.

In addition, at the same time, a stamp of the corresponding content will be placed in the passport.

The postal option is especially convenient if a person has changed his place of residence; in this case, the certificate will be sent to the registry office at the new address of residence, where it will be handed over.

Online

On the public services portal, you can only fill out an application to receive your copy of the document on the termination of marriage from the regional registry office. To do this, open the page, find the appropriate service, fill out an application and upload scanned documents (application, extract from the court decision, check for payment of state duty, passport).

A specialist from the authorized body, having seen the electronic application, will process it, verify all information, and if clarification is necessary, contact the applicant by email. In the same way, the time of the applicant’s visit to the registry office will be notified.

At the MFC

All data will be verified with information from the originals; if there is a complete match, the documents will be accepted and sent to the district registry office. The visitor will be given an invitation, something like a coupon for an appointment at the territorial registry office, where at the appointed time they will issue the paper, and also put a stamp on the passport.

You can receive such an important personal document - a certificate of divorce - only at the registry office, because such papers are issued against a personal signature in a special journal, and there is also a stamp, the imprint of which is affixed to the passports of people who are no longer in a marital relationship.

What problems might there be with obtaining a divorce certificate after a court decision?

• the applicant’s passport is invalid or missing;
• the information entered in the application form is incorrect or erroneous;
• no document confirming payment of the state duty is attached;
• the extract from the court decision does not contain a note about its entry into legal force.

All these problems are solvable, they need to be solved and a new attempt should be made to pick up your copy of the annulment paper.

All a citizen’s documents must correspond to each other and be complete, so it is important, one and a half to two months after the trial, to take an extract from his decision and check that there is a note indicating that the court decision has entered into legal force. Then you can choose any of the methods and use it to receive your personalized document certifying the absence of official marriage ties.

Didn't find the answer to your question? To receive a free consultation, please use the feedback form or call:

Source: https://zakonguru.com/semejnoje/razvod/svidetelstvo-o-rastorzhenii-braka-posle-resheniya-suda.html

How and where to obtain a divorce certificate after a court decision

Home » Divorce » How to obtain a certificate of divorce after a court decision

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After the decision to divorce is made, the spouses strive to quickly finish the formalities and obtain a divorce certificate. In theory, the procedure is simple: file an application, get a divorce. In practice, you will have to deal with the nuances of the divorce process. This is especially true for unions dissolved in court.

Unlike divorces in the registry office, which are not burdened by the need to make decisions about the future fate of minor children and the division of property, you can obtain a divorce certificate after the trial only after the judge has made a final decision on all controversial issues.

In some situations reflected in Art. 21, 22 of the RF IC, the official rupture of the union with the subsequent receipt of a divorce certificate occurs only through obtaining an appropriate court decision. Conditions required for divorce in court:

1. Disagreement of one of the spouses to divorce. This can be expressed in a categorical refusal, avoiding visiting the registry office.
2. Presence of common minor children (under 18 years of age), including adopted ones. If the child is not born to one of the spouses and was not adopted by them, the certificate, in the absence of disputes, can be obtained from the registry office.
3. Existence of a dispute. Spouses can enter into an agreement on raising children, the procedure for paying alimony, and the division of jointly acquired property. The court will consider such a case in the shortest possible time. Otherwise, all controversial issues are considered, and the issuance of the document is postponed indefinitely.

Spouses can obtain a divorce certificate through the court independently of each other.

They, and in case of incapacity, their guardians or trustees, have the right to authorize other persons to draw up and receive the document. Subsequently, the certificate is necessary to receive subsidies, confirm a change of surname, remarry and other actions.

The entry on the divorce in the registry office was key in determining the moment of the official termination of the marriage, but this was only until 05/01/1996.

People who received a corresponding court order before this date, but did not apply to the registry office, are considered married to this day. After May 1996

Amendments were made to the RF IC, according to which judicial review is sufficient to officially break the union.

Where can I get a divorce certificate after a court decision?

The document itself of the established form is issued at the registry office located at the place of registration of the marriage or at the place of residence of each spouse.

The court makes a decision on divorce, but is not authorized to enter information about the divorce in the civil registration book.

To reduce the number of visits to government agencies and save time, you can submit the necessary documents at the multifunctional center (MFC) or through the State Services portal.

Receipt procedure

How quickly you can obtain a divorce certificate through the court depends on how willing both spouses are to compromise in resolving controversial issues. The whole process is divided into stages, the last of which is obtaining a certificate.

What happens after the decision is made:

1. Waiting for the divorce decree to take effect. According to Art. 209 of the Code of Civil Procedure of the Russian Federation, a period of appeal is allocated equal to 1 month. The starting point is the day the decision was made (Article 321 of the Code of Civil Procedure of the Russian Federation). If within 30 days the husband or wife has not attempted to challenge it, they are officially divorced.
2. Sending by the judicial authorities an extract of the court decision to the registry office where the marriage took place (Article 25 of the RF IC). The dispatch period is no more than 3 days from the date of its entry into force.
3. Receipt by spouses of a court decision marked as having entered into legal force or an extract from it.
4. Payment of state duty.
5. Application of spouses or their legal representatives to the registry office.
6. Obtaining a divorce certificate.

It is necessary to highlight some of the stages of the process in more detail.

State duty for divorce through court

After the trial, you must pay the state fee for divorce to the registry office. Previously paid amounts related to filing a claim and reimbursement of legal costs are not related to the state duty at the registry office.

According to Art. 333.26 of the Tax Code of the Russian Federation, clause 1, clause 2, the ex-husband and wife must contribute 650 rubles each. each for state registration of a marriage dissolved in court.

Payment is made in any convenient way. The receipt is issued at the registry office. You can also download the form and fill it out yourself.

Download the receipt form

Information for filling out the details is posted on the official websites of the Federal Tax Service (you need to know the exact name of the organization and address), in the directory of codes of all-Russian classifiers (you need to enter the TIN).

The received check or receipt must be kept. It is necessary to confirm payment of the state duty.

Required package of documents

To obtain a certificate, you will need to provide a divorce application. Of the possible forms for divorce (No. 8, 9, 10), you must choose the 10th. Application form:

Download a sample application

If the place of registration is the registry office where the marriage was previously registered, an oral statement is sufficient (Article 35 of the Federal Law “On Acts of Civil Status” dated November 15, 1997).

Read also: Recalculation of alimony: for the past period, by bailiffs, taking into account the amount paid

Additionally you will need:

1. Personal identification document (passport).
2. Court decision or extract from it.
3. A document confirming payment of the state duty.

There are several ways to provide information to a government agency.

Methods for submitting documents

You need to receive the completed documents in person, and other ways of submitting documents will help you save time on the preparatory process:

By mail

If you change your place of residence or are on a long business trip, it is difficult to provide documents, so you can send them to the registry office by registered mail with a notification where the union was previously registered.

Subsequently, the certificate is issued at the registry office at the new place of residence upon a personal visit.

Through the State Services portal

The online service is convenient and easy to use if you follow the instructions:

1. Register. The applicant enters personal information: passport data, address, telephone number, SNILS.
2. Confirm the data. The confirmation code can be obtained in one of the following ways: by registered mail, when visiting a Rostelecom office, or by using an electronic signature. On average, the procedure takes 1-2 weeks.
3. Preparation of scanned copies. All documents must be clear, and information filled out by hand must be understandable and free of erasures and corrections.
4. Submitting an application and paying the state fee.

The dialog boxes on the State Services website provide an accessible and detailed description of the procedure.

As a result, after reviewing the submitted documents, you will receive a notification by mail or phone, which will indicate when and at what time to appear at the registry office and pick up the certificate.

Multifunctional Center

The speed of service for each visitor to the MFC is regulated, so the submission of documents at the center is quick. The task of the MFC specialist is to check copies of documents with the originals and send them to the registry office at the place of registration. The applicant is given a ticket indicating the date of the visit to obtain the certificate.

If there are problems with the documents, for example, a lost passport, a lost court decision, or the state fee has not been paid, it is necessary to postpone obtaining the certificate until the shortcomings are eliminated. Subsequently, you can apply for it again in any of the available ways.

• Question: The couple were legally divorced in May 1993 and did not apply for a divorce certificate. After 2 years they reconciled, but in March 2018 they decided to separate again and took the court decision to the registry office. Will an apartment purchased in 2016 be considered joint property? Answer: Yes. According to Art. 25 of the RF IC, when a marriage is dissolved in court, it ceases to exist after the court makes a corresponding decision, however, this norm comes into force only after 05/01/1996 (Article 169 of the RF IC). A divorce considered by the court in an earlier period is valid only upon subsequent registration in the registry office. In this case, the spouses were legally married until March 2018, and the apartment, like other acquired property, is subject to division.
• Question: How to obtain a divorce certificate through the MFC or the State Services portal? Answer: None. The certificate is issued only at the registry office. You can submit documents at the MFC or on the State Services portal, but after a certain period of time you must appear at the registration authority in person on the specified date and time, about which you will receive a notification by mail or a message on your phone. No government agencies, except the Civil Registry Office, are authorized to issue originals or duplicates of divorce documents.
• Question: The marriage was dissolved in 2013 by court decision. Is it possible to obtain a divorce certificate in 2018? Answer: Yes. You can apply for the document at any time after the court decision enters into force.

A divorce certificate is issued exclusively at the registry office. The court decision will become the basis for issuing the document. Former spouses need to remember that payment of the state fee is required not only when filing a claim in court, but also when filing an application to record the divorce in civil status acts. A check or receipt of payment must be attached to the application.

There are frequent cases of loss of issued documents. It is recommended to make a copy of the court decision, since if the certificate is lost, it is precisely this that is necessary to restore the document, and searching for a decision in the archive is not always successful.

All questions regarding the issuance of a certificate after a trial or the restoration of a duplicate can be asked to the lawyers of the ros-nasledstvo.ru portal.

Clear guidelines and coordination of actions will help save effort and time and complete the divorce procedure as quickly as possible.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Source: https://ros-nasledstvo.ru/kak-poluchit-svidetelstvo-o-rastorzhenii-braka-posle-resheniya-suda/

Obtaining a divorce certificate after a court decision in 2020

Having decided to get a divorce, a man and a woman want to quickly finish the formalities and receive a divorce certificate. The document confirms the official termination of the marriage relationship; both spouses receive it. If a married couple has disagreements or has minor children, then the divorce is filed in court.

What is a divorce certificate and why is it needed?

A divorce certificate is a legally binding document that should be kept for life. Each party must have a divorce document. It is also advisable to make a copy of the document.

When a citizen may need a divorce certificate:

• travel outside the Russian Federation;
• entering into a new marriage;
• assignment of alimony obligations;
• return of maiden name.

All these actions cannot be completed without a paper confirming the divorce. If the certificate has been lost or lost, it will need to be restored.

The divorce certificate contains the following details:

• surnames of citizens during marriage and after divorce;
• registration number;
• date of termination of marriage;
• name and address of the authority that issued the document;
• other data of divorced citizens (full name, place and date of birth, nationality, citizenship).

Divorce certificate form

Reference! Obtaining divorce papers is regulated by the Federal Law “On Acts of Civil Status”. Article 38 of the law says that the certificate is issued only by the registering authority - the registry office.

In accordance with Art. 18 of the Family Code, family relationships can be dissolved at the civil registry office. Article 21-23 of the RF IC regulates the judicial procedure for divorce proceedings.

Obtaining a certificate if the divorce was formalized at the registry office

The procedure for obtaining a certificate through the registry office is much simpler than in court. But it is possible to dissolve a family relationship at the registration authority only if certain conditions are met.

When a divorce is filed at the registry office:

• if both spouses voluntarily agreed to end the marriage;
• if the couple has no children under 18 years of age together.

Once the divorce petition is filed, the spouses are given one month. At the end of this period, citizens will receive a divorce certificate. To file a divorce, each spouse will need to pay a state fee in the amount of 650 rubles .

It is important to know! The law provides for the possibility of ending a marriage at the request of only one party. To do this, the second spouse must be recognized as missing, incompetent, or imprisoned for a term of more than three years. In such cases, the certificate is obtained in a similar manner.

The procedure for obtaining a certificate after a court decision

The main condition for issuing a divorce certificate is the entry into force of the court decision. After the document comes into force, the court has three days to send a divorce extract to the registry office.

A judicial act terminating a marriage relationship acquires legal force after the expiration of the period for appeal, which is equal to 30 days (Article 321 of the Code of Civil Procedure of the Russian Federation). In the absence of an appeal from both parties, the marriage is considered officially dissolved.

Stages of obtaining a certificate for divorce in court:

1. Waiting for the court decision on divorce to enter into legal force (expiration of the period for appeal).
2. The court sends an extract of the court decision to the civil registry office. According to Art. 25 of the RF IC, 3 days are provided for this.
3. Receipt by the parties of a court decision or an extract from it. The document must have a mark indicating it has entered into legal force.
4. Payment of state duty. Each spouse must pay tax for issuing the document. The amount of state duty is established by the Tax Code.
5. Spouses' visit to the registration authority.
6. Obtaining a document confirming divorce.

To receive a certificate, it is necessary to pay a state fee and provide certain documents.

State duty for divorce in court

The fee for issuing a certificate is paid after the court hearing, when a decision has already been made. Amounts paid earlier, such as court costs and state fees for filing a claim, do not apply to the certificate tax.

Tax Code in paragraphs. 2 clause 1 art. 333.26 determines the amount of the state duty - 650 rubles for each of the former spouses.

You can deposit funds at any bank through a cash desk or terminal. You can also use the Government Services portal. A receipt for payment should be obtained from the registry office. The receipt for payment of the fee must be kept and submitted to the authorized body to obtain the divorce paper.

Required documents to obtain a certificate

To obtain a certificate, you will need to provide an application for divorce. There are several forms of the document - No. 8, 9 and 10. In case of divorce in court, you should choose form No. 10.

Download divorce application template (form 10)

Recommendation! If the divorce is filed in the registry office where the marriage was previously registered, an oral statement is sufficient.

In addition to the application, the following documents will be required:

• passports of former spouses;
• court decision or extract;
• receipt of payment of state duty.

You can provide the required documents not only in person. There are other alternative ways to do this.

Methods for submitting documents

The divorce certificate can be obtained in person. You can send the necessary documentation in other ways.

Mail

If one of the spouses is on a business trip or has changed their place of residence, it is allowed to send documents to the registry office by registered mail. A return receipt should be issued to ensure that the letter reaches the recipient. Further, the divorce certificate is issued by the civil registry office at the place of residence.

State Services Portal

To submit documents through State Services, you must register using your personal data. The information will need to be confirmed and your personal account identified. The account confirmation procedure takes no more than 1-2 weeks .

You can identify yourself in the following ways:

1. Receive a registered letter with a code.
2. Visit the Rostelecom office.
3. Use an electronic signature.
4. Contact the multifunctional center.

Next, you should prepare scans or photographs of documents. They should be easy to read and free of corrections and erasures. Using the portal menu and following the instructions in the dialog boxes, apply for a certificate by paying the state fee.

When the documents are reviewed, you will receive a notification by email or phone. It will indicate the date and time of visiting the registry office and receiving a certificate.

Multifunctional Center

The procedure for submitting documents to the MFC is quick, since the visitor service time is clearly regulated. The specialist will check the copies of the provided documents with the originals and send them to the registration authority. The applicant will be given a coupon indicating the date of receipt of the document.

If problems arise with the documentation, you should postpone receipt until the deficiencies are resolved. Subsequently, you can apply for a certificate using any method.

Possible problems with receiving the document

Sometimes the process of obtaining a certificate is delayed due to deficiencies in documents or the provision of an incomplete package of papers.

Problems with obtaining a document arise if:

1. The civil passport is invalid or missing altogether.
2. Errors were made when writing the application or the information was incorrect.
3. There is no confirmation of payment of the state duty.
4. The extract from the court decision does not contain a note indicating that the document has entered into legal force.

These problems are easily solvable. Once the deficiencies are corrected, you will need to submit the documents again.

It is important to know! The package of documents must be fully completed. After the deadline for appealing the divorce decision has expired, you must obtain an extract and check it carefully. The main thing is that the extract contains a note indicating that it has entered into legal force.

Restoring a divorce certificate

According to the law, if you lose the certificate of termination of marriage, you can contact the registration authority to issue a duplicate. To do this, you need to draw up and submit an appropriate application, which the registry office reviews within no more than 30 days . Then a duplicate document is issued, which will have a different series and number.

Read also: Temporary registration of a child: for kindergarten, for school, what the owner faces

Reference! It is allowed to apply for a duplicate to another territorial authority, not the one where the divorce was filed. In this case, the waiting period for a response will be increased to six months.

When submitting an application, the fact of dissolution of marriage must be documented. For this purpose, an extract from the register of deeds, a copy of the former spouse’s certificate or testimony of relatives are used.

Obtaining an apostille for a certificate

When traveling outside the Russian Federation for the purpose of permanent residence, as well as to perform other legal actions, you will need a copy of the divorce certificate certified by a notary.

An apostille is a confirmation of the legality of a document for its presentation abroad. Some states require an apostille to be affixed on two copies of a notarized certificate - in Russian and in the language of the state receiving the document.

As practice shows, affixing an apostille only on the original is not enough; a copy of the document is also required.

Source: https://glavny-yurist.ru/gde-i-kak-poluchit-svidetelstvo-o-rastorzhenii-braka-posle-resheniya-suda.html

How to obtain a certificate of divorce by court decision

Divorce itself is not a pleasant event, especially if the divorce occurs through the courts.

But when the procedure is over, all you have to do is receive the main document, which confirms that you are no longer married and are not responsible for family and property responsibilities to your second spouse.

Regardless of where the divorce procedure took place, the original certificate of divorce is issued only at the registry office. How quickly do you receive a certificate after registering the fact of divorce and what difficulties can you encounter?

Why do you need a certificate?

A divorce certificate is a document that has legal force and confirms the termination of marital responsibilities. The importance of obtaining a divorce certificate lies in the following steps:

• if the spouse changed her last name after a divorce and needs to replace her passport;
• to remarry or get married (Article 25 Part 3 of the RF IC);
• for traveling abroad;
• when contacting a banking institution to apply for a loan;
• purchase expensive property;
• change property rights or sell property belonging to the marriage;
• to collect child support from a former spouse;
• when registering a child in an educational or sports institution, when you and him have a different last name after a divorce;
• when registering data with executive services;
• to confirm a number of documents that were issued during the marriage.

There are quite a few reasons, so the advisability of obtaining a divorce certificate is completely justified. The absence of this document may limit your rights in many ways.

There are no strict restrictions from the state on obtaining a certificate; you can do this at any time convenient for you, even after several years.

However, it is better to play it safe and get it immediately after the divorce so that you can use it if necessary.

What documents are needed to obtain from the registry office?

To obtain a divorce certificate, you need to contact the registration authority at your place of residence or at the place where the marriage took place (Article 38 of the RF IC). This cannot be done in private offices and other bodies. To receive your copy of the certificate after a divorce, you must provide the following documents:

• passport;
• receipt of payment of state duty;
• an extract with a court decision (if the divorce went through the court).

As for the marriage registration certificate, it is submitted together with a statement of desire to dissolve the marriage.

This is done through the registry office or through the judicial authorities, depending on the specific situation of the divorcees: the presence of disputes and minor children.

After the decision on divorce has been made, you can go to the registry office with the above documents, pick up the certificate and put a stamp in your passport about the termination of the marriage.

How to get a document without visiting the registry office

Today, if you are in another city and simply do not have the opportunity to contact the registry office to obtain a divorce certificate, the state offers several ways to solve the problem remotely.

By mail

To receive a certificate through mail services, you need to draw up an application according to the sample, attach certified copies of documents, a receipt for payment of the state fee, as well as an extract from the court decision if the divorce was dissolved through the court. Details for paying the state fee and the address of the registration authority can be found on the official website or by phone.

Send the prepared documents to the required address. In the letter, be sure to indicate the correct address where to send the original divorce certificate. If you have any questions or incorrectly filled in information, a civil registry office employee will contact you at the specified phone number, or inform you that everything is correct and when you can come pick up the document or receive it at the specified address.

Delivery of documents to the address must be delivered by courier personally to you after presentation of your passport. You sign that you have received the document, and the notification must be delivered to the sender. You will also be responsible for postal delivery costs for the document.

Online

Without visiting the registry office, you can obtain a divorce certificate through a special portal using an Internet connection. You can do this as follows:

• Go through the search bar to the “Unified Portal of State and Municipal Services” website.
• At the top side you will see the “Registration” button, click it and register.
• Carefully fill out all fields, and then click “Register”.
• We find a section on the website called “Issue of a certificate or certificate.” Next, we are looking for a sub-item related to divorce.
• You are now required to complete an electronic application for a certificate.
• Below you confirm all the necessary scanned documents, including the receipt for payment of the state duty.
• Click “Send”.

You can monitor the processing of your application and the final response in your personal account on the same website. If everything is in order, then in a couple of weeks you will receive the sample in electronic form, and you will also be able to come and receive it at the registry office at the appointed time. If you do not have this option, you can order courier delivery personally to the recipient with notification.

At the MFC

MFCs are multifunctional centers that provide quick services to citizens on various issues, including the provision of public services.

This issue of obtaining a certificate through the MFC is especially relevant for those spouses who live in a locality where there is no civil registration authority.

MFCs directly cooperate with executive authorities, however, not all centers provide any type of services, so before applying, it is better to check by phone about the possibility of obtaining a divorce certificate.

You can obtain a divorce certificate through special centers (MFC) only if the marriage is dissolved - by the registry office or the court, and its effect has taken legal force.

If the divorce was through the registry office

If the divorce took place according to the general rules through the registry office, then this greatly simplifies the procedure for obtaining a confirmation document about the divorce. This is the fastest and least expensive method of divorce. Through the registry office, divorce is based on compliance with the rules set forth in Article 19 of the Family Code:

• mutual decision to divorce and the absence of young children (application form No. 8);
• consent of only one spouse, provided that the rights of the second are not taken into account by law: he is imprisoned for more than 3 years, is wanted or missing, declared incompetent (application form No. 9).

If these rules are followed, you submit the necessary documents to the registry office at the place where the marriage itself was registered or at your place of residence.

In addition to the above documents, to obtain a divorce certificate, you will need to present a certificate of family composition, a marriage certificate, and also write an application in form 8 or 9 and pay a state fee. If everything is correct, the registry office employee endorses your application and sets a date for divorce, as well as for receiving the certificate.

In accordance with current legislation, you can pick up your copy within 30 days from the date of submission of the application. Upon receipt of the certificate in hand, a note is placed in the passport stating that the marriage has been terminated.

If the divorce was by court decision

Spouses are divorced through the court when the divorce process has a number of difficulties recorded in Article 21 of the Family Code of the Russian Federation:

• if one of the spouses does not give his consent to the divorce;
• if the married couple has minor children;
• if there are property disputes.

If these conditions exist, both or one of the spouses files a lawsuit asking for a divorce. Consideration of the case begins with the submission of a complete package of documents, this usually takes about a month, sometimes more, up to two months.

After a court decision is made to divorce the spouses, it will not be possible to immediately receive a divorce certificate in your hands. First, you must wait until the court decision comes into force; for this, the law allows 30 days (Article 321 of the Code of Civil Procedure of the Russian Federation).

This is necessary so that the second spouse can appeal the court decision if he disagrees with it. In practice, this is extremely rare, but established laws must not be violated.

So, the procedure for judicial divorce is:

• The court made a positive decision to end the marriage relationship.
• Issues an extract with the court decision to both spouses.
• If within 30 days the second spouse does not file an appeal, then the decision takes legal force.
• The court is obliged to notify the civil registry office no later than 3 days so that they make an appropriate entry in the Book of Deeds and recognize the termination of the marriage.
• When the decision takes legal force, you can contact the registry office with an extract from the court about the positive decision and a passport. The registry office employee gives you a receipt for payment of the state fee (650 rubles), after which you immediately pick up your copy of the original divorce certificate.

If you are not in a hurry to receive a divorce document, you can do it at any time, and it is not necessary to come together with your second spouse. A marriage is considered terminated from the moment a court decision enters into legal force, therefore an extract can completely replace the validity of a divorce certificate (Article 25 of the RF IC).

Deadlines for issuing the document

As we have already said, you can obtain a certificate if the marriage was dissolved through the registry office after 30 days from the date of filing the application for divorce. This rule does not apply if the divorce took place through the courts.

As soon as you receive an extract with a positive divorce decision, which already has legal force, you do not need to wait 30 days for the registry office to consider your application.

The certificate can be obtained on the day of application, after paying the state fee.

Are there any problems obtaining a certificate?

In fact, the method of obtaining a certificate is not complicated. But, certain difficulties may arise due to non-compliance with the above rules:

• You incorrectly filled out the application for a divorce certificate at the registry office. If an employee immediately notices an error, then you simply rewrite the application, but if after you have already left the walls of the institution, then the process of obtaining the document may be delayed for a couple of weeks.
• If you have problems with the documents that are necessary to obtain a divorce certificate.
• If you paid the state fee using incorrect details or forgot to bring proof of payment. Without a receipt, the application will not be considered.
• There is no court decision (if the divorce went through the court) or its effect has not yet entered into legal force.

If we take into account all of the above, then it becomes obvious that the most difficult thing is to get a divorce through the court; this takes the most time, money, and nerves. But getting a divorce certificate is already a formality. The main thing is to listen to the instructions of the registry office employee, fulfill all the requirements and you will be able to easily receive the necessary document on divorce.

Source: https://zen.yandex.ru/media/id/5a6e161bc89010c5137c3008/5a74b99c1410c35bacb9e827