How to pick up a divorce application

Nadezhda Tikhonova Recent changes: June, 2019 Divorce 0 76 reading time: 4 min

Can a divorce be annulled? This sometimes leads to a rash decision to terminate the marriage. Indeed, after a short time the situation may change, the spouses will come to an understanding and regret that they got excited, breaking family relationships.

How, in such cases, to return everything to its place. After all, a family is not only the relationship between a man and a woman, a common life, but also mutual rights and obligations, civil status. In addition, the termination of marriage leads to the need to change documents.

In this article, we will consider the issue of the possibility of annulment of a divorce, if so, in what way.

Cancellation of a divorce in a registry office

There are two ways to divorce - apply the administrative procedure by contacting the registry office and the court, by filing a lawsuit.

Therefore, if the couple submitted a joint application to the registry office, they will have to wait one month before the official divorce occurs. During this time, they can change their mind - changing their minds gets divorced.

In order for the responsible employee of the civil registry office not to draw up an act of registration of divorce, spouses will not show up enough on the day the divorce is due. The absence of both spouses means that they changed their minds. Thus, the divorce will not take place and the family will be saved.

Second way how to prevent divorce or how to cancel a divorce! Both come to the registry office and report on their decision. In both the first and second cases, no one will return the paid state duty.

If on the appointed day one of the spouses comes, a divorce will be issued. The appeared spouse will receive a corresponding certificate in his hands. The second - can get your document at any time convenient for him or not at all.

In order to become one family again, divorced spouses will have to re-get married. Former spouses will have to file a new application - for the marriage.

Repeal of judgment

The spouses resort to the judicial form of dissolution of marriage ties in cases if:

• the family has a minor child,
• there is a property dispute between spouses.

To appeal to the court does not need a mutual decision. The lawsuit is prepared by one of the spouses. The second acts as a defendant.

Since the lawsuit can be considered both by a justice of the peace and by a district judge, article 154 of the Code of Civil Procedure provides different periods for deciding on the merits of the stated requirements. So, the justice of the peace is allotted one month, to the district - two.

Depending on the procedural situation of the parties, there are various ways to stop or cancel the divorce proceedings.

For the plaintiff, this is a recall of the statement of claim. A petition for this can be submitted at any time while the trial is ongoing. That is, until the judge left to issue a verdict in the deliberation room. The document can be submitted to the judge during the meeting. If a break is announced in the hearing of the case, then the petition should be submitted to the court registry and make sure it is registered.

The following data must be indicated in the application:

1. surname and initials of the presiding judge,
2. case or court number,
3. surname and initials of the plaintiff,
4. name of the document “Application”, indicating the essence of the appeal,
5. date of appeal to court, subject of action,
6. legal grounds for a decision to waive a claim,
7. essence of the application
8. date of preparation of the document, signature, last name and initials of the plaintiff.

The plaintiff may also express his decision to refuse the claim orally. To do this, it is enough to express your decision during the trial. It is subject to inclusion in the minutes, which is kept by the court clerk.

Since the plaintiff has the right to both file a claim and refuse it, the duty of the court is to, on its basis, in accordance with Article 220 of the Code of Civil Procedure, determine the termination of the proceedings. This document is gaining legal force in 15 days. Thus, the marriage is saved.

If the plaintiff in the future again decides to file a lawsuit on the dissolution of the marriage on the same grounds for which he had applied earlier, the lawsuit will be provided to him. To appeal to the court will have to look for other grounds for divorce.

The second legal basis for preserving the marriage while the trial is ongoing, conclude an agreement on reconciliation of the parties. Usually, the parties come to this scenario, if the defendant does not agree to a divorce and makes a request for a deadline for reconciliation. The court itself may also take such an initiative. As practice shows, usually for reconciliation the parties are given from one month to three.

After the deadline for reconciliation, the outcome of the case may be as follows:

• the parties really reconciled, then the case is subject to termination,
• the plaintiff did not arrive in court - the case will be left without consideration,
• the plaintiff appeared, declared a waiver of the claim - the case will be dismissed.

If the parties failed to agree, the trial will continue until a decision is made on the merits of the claimed claim. In total, the divorce will take place.

For renewal of marriage, former spouses will have to undergo a new marriage procedure.

Appeal Procedure

As a general rule, a court session is held with the participation of the parties, that is, the plaintiff and defendant. If for some reason the defendant repeatedly fails to appear at the hearing of the case, then a decision can be made without him.

If it turns out that the defendant did not participate in the court for a good reason or did not know that a trial is taking place, the decision made in absentia may be appealed. For this, the defendant is given seven days from the day when he learned about the existence of such a verdict. such an opportunity was provided to him by article 237 of the Code of Civil Procedure.

The application is accompanied by supporting documents confirming the validity of the reason why the defendant was absent from the court. After the cancellation of the decision in absentia, the consideration of the claim is resumed. However, the outcome will be the same - the court is more likely to terminate the marriage, unless the plaintiff refuses the claim.

A court decision is not final. The law provides an opportunity for the parties to appeal it. This takes one month. Such a period is provided for in article 25 of the Family Code, which stipulates that a marriage dissolved by a court shall be terminated on the day when the decision comes into force, that is, after 30 days.

It can only be prevented or abandoned by such a step. For the restoration of the family, former spouses will have to go through the marriage process again in the registry office.

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Refusal of divorce procedure in the registry office

If you filed for divorce and changed your mind, the parties should jointly visit the registry office and write a statement. It will need to identify the reasons that prompted the participants in the process to change their minds. An application drawn up in accordance with the rules will be considered.

Spouses may be faced with the need to contact a notary. Interaction with them is necessary to draw up an agreement to terminate a divorce. For a document to be valid, it must be affixed with a notary's signature and a wet seal.

If all conditions are met, the document will be accepted and the divorce process will be stopped. Both spouses should visit the institution’s office together. If one of the parties cannot personally visit the registry office or refuses to interrupt the divorce, the application of the second participant will not be a reason to terminate the divorce.

If the refusal of a divorce is through the court

Understanding how to cancel the divorce before the court and pick up the lawsuit, the spouses should contact the office and file an application with a request to invalidate the previously written application. An additional objection may be filed.

It should contain the following information:

• date of signing the divorce claim,
• the reasons why the parties filed an objection,
• indicate the reasons for the absence of the second spouse, if he could not visit the judicial authority and file an objection personally.

Based on the decision of the judicial authority, the day of consideration of the objection and the decision on the refusal of the proceedings will be determined. In order for an objection to be issued a positive verdict, both spouses must be present who want to pick up the lawsuit. They are obliged to explain the reasons according to which the refusal of divorce is made. The judicial authority that has received the objection will hear both spouses.

Usually, the judicial authority is engaged in considering the application of spouses seeking to withdraw the lawsuit to cancel the divorce proceedings.

In the registry office, questions about the rejection of a previous decision to start a divorce proceedings are considered less frequently. This is due to the fact that most couples have children. When ascertaining whether it is possible to withdraw the application for divorce to the plaintiff, it must be borne in mind that the court usually advocates maintaining the family and satisfying the request to terminate the divorce proceedings. Spouses have the right to invalidate the application for divorce and withdraw the completed document before the start of the proceedings. For this, it will be necessary to draw up a new paper, in which the wording “I want to save my family” should be present.

Spouses may be faced with the need to contact a notary. Interaction with them is necessary to draw up an agreement to terminate a divorce. For a document to be valid, it must be affixed with a notary's signature and a wet seal.

If all conditions are met, the document will be accepted and the divorce process will be stopped. Both spouses should visit the institution’s office together. If one of the parties cannot personally visit the registry office or refuses to interrupt the divorce, the application of the second participant will not be a reason to terminate the divorce.

Reasons for rejection of the lawsuit and objection to the statement

In order for the court or registry office to agree to cancel the divorce, the applicant must indicate the reasons for changing the decision made earlier. They can be varied and depend on the individual nuances of the situation.

The objection, which will be filed with the registry office or the judicial authority to cancel the claim, can reflect the following formulations:

• I want to save my family
• I want to find a compromise
• I want to raise children together.

The law seeks to preserve the marriage of citizens, especially in situations where there are children in the family. In this case, an application to the judicial authority or registry office to cancel a previously filed application is almost always satisfied. In practice, spouses do not always have a common opinion regarding the need to suspend divorce. If one of the spouses filed for divorce, but the second does not agree with this decision, he has the right to formally express his opinion, having made an objection.

The following data must be recorded in the paper submitted to the judicial authority or registry office:

• date of official marriage,
• Name of plaintiff and applicant
• address of residence of each spouse,
• the presence of minor children,
• causes of conflict
• Proposal for a trial period,
• circumstances of marriage.

Documents must be executed in two copies and filed with the justice of the peace. Experts advise using the following formulations in an objection: “I want”, “I insist.” Additionally, one can reflect in the document references to laws that affect one or another circumstance of the current situation. The document must be accompanied by the originals and copies of the certificate confirming the fact of official conclusion of the relationship.

How long will it be possible to cancel the divorce proceedings?

Initially, the lawsuit filed by the spouses is considered within 30 days. If the divorce is performed through the registry office, during this period the relationship will be terminated. In case of filing a lawsuit, an additional 90 days will be provided.

If the spouses have changed their minds and want to keep the marriage, they have the right to request the recognition of the claim invalid.

The hearing can be rescheduled. Agree to this in exceptional cases. For example, the cause of the postponement of the proceedings may be a disease of one of the spouses. This fact must be documented.

What is needed to cancel a divorce court verdict?

If the court decision has already been announced, it makes no sense to try to annul or withdraw the previously filed application. The law gives citizens 10 days to appeal a decision. The rule is valid if the verdict is delivered by the justice of the peace. In this situation, it will be necessary to begin the appeal procedure through the judge who issued the relevant verdict.

If both spouses do not want to divorce, it is better to file a lawsuit together. This will increase the chances of a positive decision.

Additionally, the application should be supplemented in conjunction with the amicable settlement. If the spouses filed a request for the cancellation of the decision in writing and supplemented it with the relevant documents, there is a chance to change the previous verdict. Another reason for the annulment of the court decision may be an indication of serious violations during the trial.

They can become:

• mistakes were made when filling out the documents,
• there were violations in the procedure for the meeting of judges,
• the composition of the court did not meet the requirements of the current legislation,
• one of the spouses did not know about the upcoming process, did not attend it and can prove this fact,
• the protocol of the meeting was not attached to the court verdict,
• documentation was completed that had not previously been declared by the judge.

Citizens are required to begin the appeal procedure within ten days from the date of the decision. If the period has been missed and the application has not been sent to the higher courts, it will not be possible to change the verdict. However, the parties will not have the right to re-appeal to the court with a new statement of claim.

If an unlawful order was issued in the course of the proceedings, this fact will need to be proved. In practice, performing actions is quite problematic. If all the conditions are met, in the course of the subsequent proceedings, the earlier decision may be invalidated. However, experts do not advise insisting on this. It is much easier to remarry.

Maslennikov Ivan Ivanovich

He graduated with honors from the State Law Academy (JSS) with a degree in law. Extensive experience in resolving a wide range of legal issues.

Divorce Procedure

Marriage is a social phenomenon that is governed by the traditions of society and is subject to state registration. Its termination is regulated by law. According to Art. 16 SK (Family Code) of the Russian Federation, marriage between citizens can be terminated by filing an application with one of the spouses (or both together). You can declare your desire to get a divorce to the court or to the registry office, depending on the situation (Art. 18 SK RF).

• If one of the spouses is legally incompetent, based on his interests, an application for him is allowed to be submitted to the guardian (Article 16 of the RF IC).
• The easiest way to divorce is when both spouses agree to it, and they have no common minor children. Then you can submit a joint application for divorce to the nearest registry office (part 1 of article 19 of the RF IC).
• In some cases, it is allowed to contact the above-mentioned body if the spouses have children and only one of them wishes to divorce. The registry office will accept a statement if there is no news of the second spouse for a long time (that is, he missing), declared legally incompetent or stays in custody.
• In other cases, you have to get divorced through the court. The judicial review procedure is provided if the family has children who have not reached the age of majority, one of the spouses does not want a divorce, or avoids submitting an application to the civil registry office (Article 21 of the RF IC).

If the appeal deadline is missed

Change in civil status, in particular, marriage or divorce, is an official procedure that requires registration with civil registry offices. This requires not only a rather large package of documents, but also time.

Depending on family circumstances, the termination of marriage occurs:

• in the registry office - this is possible if the couple divorces by mutual agreement, does not have minor children and property disputes,
• through the court - if one of the spouses is against divorce, the family has minor children, or it is necessary to share jointly acquired property.

When divorcing through the registry office, the couple has a month to make a final decision: within 30 days, the spouses can appear at the authority where they applied and write a new application to annul the divorce.

In a divorce proceedings through the court, the following options are possible:

• if the decision to accept the claim for production has not yet been made (as a rule, this happens within five working days from the date of filing), then the documents can be taken from the court without any difficulties,
• нередко сам судья в процессе развода устанавливает для пары испытательный срок (от одного до трех месяцев), в течение которого супруги могут помириться и отказаться от процедуры,
• if the decision on the divorce has already been made, then within 10 days you can appeal it and try to cancel the divorce. However, the reason for the cancellation should be much more compelling than the simple “reconciled”, and in this case, a decision will again be made by a court, only of a higher instance.

Is it possible to reverse a court decision on divorce?

To cancel a divorce, simply declaring your disagreement is not enough: weighty arguments are needed. When filing a claim, it is necessary to provide such justifications for your claim that the higher court considers convincing in order to annul the previous court decision and reconsider the divorce case.

If at first the case was tried in a magistrate court, then after the appeal is filed, it will be referred to the district court. If the court of first instance was a district court (this happens if the couple has common minor children), then the regional court (or the Moscow City Court) will consider the complaint and so on.

How to annul a divorce?

According to Article 25 of the Family Code of the Russian Federation, the moment of termination of marriage is considered:

• upon termination through the registry office - day of state registration of divorce in the civil registration book,
• upon termination through court - the day the court decision comes into force.

This means that applying for divorce does not mean the official end of the marriage: there is still time before the marriage is terminated, and the divorce procedure can be stopped.

However, it will not work just to come and pick up the application: it is necessary to write a new application (mandatory for both spouses), indicate the reason for the refusal to divorce, and if the divorce is canceled through the registry office, also contact the notary

If the divorce is already officially registered, then:

• it is impossible to cancel it through the registry office,
• through the court, you can try to appeal the decision on divorce and achieve its cancellation.

How to pick up a divorce application?

To cancel the divorce proceedings through the registry office, you must:

• both spouses to appear in the department where the application was submitted, but no later than within a month after submitting the application,
• file a joint petition to refuse to get divorced, where the reasons for such a decision must be indicated,
• registry office employees consider the filed application and decide either to stop the divorce proceedings, or to invalidate the application for canceling the divorce,
• for the final stop of the divorce proceedings, notarization is required, an agreement between the two parties on the termination of the divorce proceedings with the signature and seal of the notary.

If only one spouse wants to take the application, then he will receive an unequivocal refusal. It will also be refused to stop the case if both spouses want it, but one of them is absent. In this case, it is necessary to send a request to cancel the divorce proceedings to the court.

In the application, it is necessary not only to indicate the reasons for the preservation of the marriage, but also to explain the absence of the second spouse, as well as necessarily give his opinion on the divorce. However, both spouses must be present at the hearing to consider the suspension of the divorce proceedings.

In the event of a divorce through the court, you can stop the process at any time before the judge makes a final decision.

So, if the divorce claim has not yet been accepted into proceedings or has been accepted, but the case has not yet been considered, the spouse who has appealed to the court with a request for divorce may file a statement with the court clerk stating the reasons for the rejection of the claim.

Next, you will need to fill out the form with the details of the plaintiff and the case, initiated by his claim, familiarize yourself with the consequences of rejection of the claim and sign full agreement with them, and the case will be terminated by settlement.

Only the initiator of the divorce proceedings may file a motion to waive the claim. If both spouses filed for divorce, then they must both together declare the annulment of their decision.

If the plaintiff decided to abandon the claim during the trial, he can directly report this verbally to the judge, or by submitting a written request. His statement will be entered in the minutes of the hearing, and the proceedings will cease due to the fact that the plaintiff refused the claim.

Sample application to a judge for annulment of a divorce

If a divorce decree has already been passed, it can be appealed against within 10 days. To do this, you need to file an application with the court to cancel the divorce in the name of the judge who considered the case.

An application to the court to cancel the divorce (like any claim) is submitted in writing on a standard A4 sheet. A statement can be written by hand or printed.

The following must be indicated in the filed claim:

• name of the court where the application for divorce was filed, last name, first name and patronymic of the judge who issued the decision on divorce,
• last name, first name, patronymic and home addresses of the former husband and wife,
• place and date of registration of marriage,
• place and date of divorce (the decision of the judge appealed),
• reasons for filing an application, grounds for canceling a divorce - this item should be described as reasonably as possible.

The appeal must be accompanied by a copy of the dissolution of the court’s decision, two copies of the lawsuit itself, a receipt on the payment of state duty and other documents that, according to the plaintiff, can help the court make a decision.

What to do if the deadline for appealing a court decision is missed?

If the deadline for appeal of the court decision has passed, then you can try to restore it. True, this is quite difficult to do, and in some cases (if a lot of time has passed after the court decision) is impossible.

To restore the appeal deadline, it is necessary to prove that the appeal was missed for a good reason, and you need to confirm your evidence with documents.

Most often, such causes are illnesses, lengthy business trips, or failure to receive divorce documents on time. A request for the restoration of the appeal period is submitted to the same court that issued the decision on divorce, and addressed to the same judge.

After consideration of the claim, a decision will be made to restore the deadlines, and, in the case of a positive decision, it will be possible to appeal with a request to annul the divorce. A negative decision to restore the term can also be appealed in court.

Both marriage and divorce are important events that change a person’s life both in fact and legally. That is why such decisions should be taken slowly, carefully, on a "sober" head. This will help to do the right thing and to avoid further regrets about what has been done.

Dear readers, the information in the article could be out of date, use the free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 309-71-92 or ask a lawyer a question through the feedback form below.

What documents are needed to obtain a certificate?

The necessary package of documents is associated with the selected procedure for divorce:

1. If the cancellation of the family union occurred in court - when contacting the registry office, the former husband and wife must be provided with:
   • passport,
   • the original of the court decision that has entered into force,
   • receipt of payment of state duty (issued by the registry office and paid at the nearest bank on the day of application).

You can apply for a document when divorcing in a judicial proceeding at any time interval (immediately, in a month, even in a few years). The court decision confirms the cancellation of family ties.

State duty for divorce in 2019

The price of a divorce document directly depends on how and who gets it (according to clause 2 of part 1 of article 333.26 of the Tax Code of the Russian Federation).

In the table below, the indicated amount of state duty at the stage of applying to the registry office is including cost of divorce certificate.

The content of the certificate of divorce

The document is written or printed on the form, the form of which is clearly established and the same for the whole country and any case of divorce. Most important informationcontained in the certificate: data on the divorced spouses, a statement of the fact of divorce, the number of the record in the assembly book, the date of issue, the name of the issuing authority.

1. Be sure to indicate F.I.O. of each of the pair in the version that was valid before the divorce, and after it.
2. Provides information about the document, which served as the basis for divorce.
3. Are indicated termination dates marriage and making a record in the book (they can be posted in time when the marriage is divorced through the court).

The evidence does not specify the reasons for the divorce. The document only confirms the fact of registration of a civil act.

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Obtaining a divorce certificate in the registry office

Spouses report their desire to divorce in a general statement. An authorized person in the registry office considers it. If there is no contradiction, the employee issues a document stating that the marriage has been dissolved. Divorce, registration of divorce and issuance of certificate are provided at least one month after submitting the application. To do this, at least one of the spouses must appear in the registry office.

1. To the registration book record is entered. It will be the basis for issuing two equal copies certificates for each spouse.
2. After the registration of the divorce, the registry office employee puts a divorce stamp on each passport.
3. A representative document of a former spouse who has a power of attorney to represent his interests may receive a document of evidence.

It is important to attach the necessary documents to the application for divorce.

How to get a divorce certificate in court

If the divorce judgment has not been appealed accordingly in a month, during three days after this period of time, the divorce statement is transmitted to the registry office. The latter registers the document, after which the spouses can get a certificate.

1. The extract is sent by the court to the registry office, in due time registered matrimony. He enters information about the divorce in the act book.
2. Registration of divorce by court decision occurs in the registry office without the presence of former spouses.
3. You can take the certificate Anytime, convenient and suitable for each of the former spouses individually.
4. Each of the former spouses will be able to get a copy of the document after presenting the passport, extract from the court decision and payment of the state duty. The receipt with the details is issued by the registry office employees after contacting them.

An extract from the court decision will also be a document confirming the divorce. However, entering into a new marriage is possible only after obtaining a certificate.

It happens that one of the spouses lives in another city and cannot apply for a certificate to the registry office, once registered a marriage. To obtain a document, you can visit the nearest branch of the body, present a passport, an extract from the court decision, a receipt on payment of state duty and a statement. If a citizen or former citizen of the Russian Federation lives Abroad, in accordance with Art. 185 of the Civil Code of the Russian Federation, he can entrust another person with the right to represent himself. The power of attorney will provide an opportunity to act in the interests of the principal, including obtaining a certificate of divorce from the registry office, an extract of the decision from the court, documents from other organizations.

Is it possible to obtain a divorce certificate at the IFC or through State services?

The answer to both of these questions is unequivocal - not allowedunder no circumstances. Only the civil registry office, i.e. the registry office, is authorized to issue divorce certificates or a duplicate of this document and put a confirmation stamp in the passport of divorced spouses.

Multifunctional Centers (MFCs) have the authority only for receiving documents divorce, and the final procedure - the issuance of the final form of the document is not included in their authority.

Also, with all the variety of services provided, provided by a single portal of State Services, not provided for a divorce certificate through the Internet. In the corresponding section of the service, you can apply online and pay the state fee with a 30% discount. Thus, with the electronic payment of each of the parties to the divorce proceedings, you will need to pay 455 rubles each

Spouses can initiate divorce through the portal of State services and the MFC only if the divorce occurs out of court. On the appointed date (approximately one month after submitting the application), the spouses (or at least one of them) will need to visit the registry office for a certificate. In addition, spouses can use the State Services website to record at a convenient date and time in the registry office after the court decision comes into force. You can also pay the state fee for receiving a divorce document online, with a 30% discount.

The moment of divorce

The day from which the joint marriage will be considered terminated differs for the divorce procedure through the registry office and through the court. In the first case, the moment of state termination of the marriage will be considered the day of state registration of its dissolution in the assembly book. In the second - the date when the court decision becomes valid (part 1 of article 25 of the RF IC). According to Part 2 of Art. 321 Code of Civil Procedure of the Russian Federation, the court decision becomes legal one month after its adoption.

1. It is important not only the day from which the marriage will be considered divorced, but also the moment the divorce certificate is received. Any spouse is allowed to enter into a new marriage only after receiving the document (part 2 of article 25 of the IC of the Russian Federation).
2. Since the divorce, certain personal and property relations between the ex-husband and wife cease. Relationships can and must be maintained in the presence of young children or the disability of one of the spouses (child support is provided).

Joint property ceases to be such after the agreed moment of divorce, but only if it was divided. If the division has not occurred, the property continues to be considered common. After the moment of divorce, any of the former spouses may make transactions without the consent of another.

How to recover a divorce certificate?

Divorce certificate receive, as a rule, in case of loss (loss) or damage. To restore this document, it is necessary to apply to the registry office at the place of conclusion of the marriage union on the reception day, providing the employees:

1. Passport with a divorce registration mark.
2. Receipt of payment of state duty in the amount of 350 rubles.

Consider restoring lost evidence in unusual situations:

1. When the certificate is lost and there is no stamp in the passport registration of a divorce (for example, when replacing a passport). In such a situation, it is necessary:
   • contact the registry office, which previously issued the certificate, on the day of reception,
   • carry a passport and 350 rubles. to pay the fee,
   • Give employees the year of termination of the family union for ease of searching the database.

If the divorce occurred in another city. It happens that people terminated the family union and received the relevant documents in one city, and then moved to another city. Now there is the possibility of mutual communication between various registry offices in the Russian Federation, therefore, to obtain a copy of the certificate of divorce, you must:

• apply with the passport to the registry office at the place of location (residence),
• send a request to the registry office at the place of divorce,
• after the certificate is sent, the registry office will notify the applicant,
• upon receipt of the certificate, the applicant pays a state fee of 350 rubles.

Civil registry office staff should assist in drafting the applicant free motivated request to the registry office at the place of actual termination of the union from which a duplicate (copy) of the required document should be sent.

Conclusion

• After divorce, care must be taken obtaining a certificate about divorce.
• It is issued in the registry office in two equal copies, they will go to each of the now free spouses.
• Regardless of the reasons for divorce, the certificate has one established form and form.
• При разводе посредством органов ЗАГС спустя месяц после подачи заявления супруги должны посетить отдел в назначенный день и confirm intention to divorce. After that, on the basis of the entry in the assembly book, get a divorce document.
• During the trial, an extract from the decision is transmitted by the court to the registry office. This occurs three days after the entry into force of the court decision. Divorce is recorded. Each of the former spouses at any time after this can receive a certificate of dissolution of the marriage.
• Without a document, you won’t get married again (get married), make a deal, get a visa abroad.
• The moment of divorce is accepted date of registration divorce (if the couple divorced through the registry office) or effective date court decisions (if the divorce took place through the court).

Question answer

My ex-wife demands a divorce certificate from me, a copy of her does not suit her. Why does she need it?

If your former spouse lost or did not receive your personal copy of the certificate, let him turn to the nearest registry office (at the place of residence) and receive a duplicate or the original. It is envisaged that after a divorce, a document is issued to each of the former spouses. Whether or not to give your copy is up to you. Keep in mind that you may need it.

My husband and I divorced eleven years ago. They put a stamp on my passport, but I never received a divorce certificate. Then I changed my passport, I decided not to mention the former marriage. The new document does not have a stamp. Now I'm going to get married again and I can’t understand if I consider myself a divorced woman or not.

If the divorce was committed in court, and an appropriate decision was made, it is considered that the divorce is filed. You can get a certificate at the registry office. Just show the extract from the court decision there. If you two filed an application for divorce to the registry office, but no one arrived at the appointed time (after a month) - you are still married! Your failure to appear was perceived as if you and your husband changed your mind about getting a divorce. But if you are talking about the stamp put in the passport after the divorce, then it is put only in the registry office. So, the divorce still took place. You can get a certificate, just go to the nearest department, explain how it all happened. Employees should advise you on what to do next.