Divorce is not only an unpleasant personal situation, but also a certain bureaucratic procedure, which, like other registration actions in our country, requires the payment of a state fee.
Registration of the fact of divorce is a public service, for the provision of which you must pay the fee established by the current legislation.
Divorce in the registry office
Article 19 of the Family Code of the Russian Federation, registered in the code of laws of our country under number 223-FZ of December 29, 1995, establishes that if both spouses agree to divorce, they can carry out this procedure without unnecessary bureaucratic delays - right in the body civil registration (registry office), for example, in the same place where the marriage was registered. However, such a simplified procedure for registering a divorce is possible only if there are no minor children in this family.
Article 333.26 of the current part 2 of the Tax Code of the Russian Federation, which was assigned the number 44-ФЗ dated August 5, 2000, determines that in this case the amount of the state duty to be paid for the work of the registry office will be 400 rubles. At the same time, each of the spouses is obliged to pay such a fee upon divorce.
Divorce through the court
However, in some cases it is not possible to apply such a simplified divorce procedure. In particular, as article 21 of the Family Code of the Russian Federation establishes, you will have to apply to the court for a divorce if there are minor children in the family. In addition, you will have to do the same if only one of the spouses wants a divorce, and the other flatly refuses to divorce. Finally, the spouse who wants a divorce will have to go to court with a statement of claim for divorce even if the other spouse, although he does not directly object to the dissolution of the marriage, in every possible way avoids formalizing this procedure.
The size of the state fee in all these cases will be the same as in the case of divorce by contacting the registry office: each of the spouses will have to pay 400 rubles.
Divorce on special grounds
There is also another option for registering a divorce, in which both the judicial authorities and the registry office will be involved. We are talking about a situation when one of the spouses is missing for a long time or is incapacitated. In this case, the second spouse must first go to court to obtain an appropriate court decision, and then visit the registry office with this document to file a divorce.
In this case, the state fee for registering a divorce will be lower - it will be 200 rubles. In this case, if one of the spouses committed a crime for which he was sentenced to stay in places of imprisonment for a period of more than three years, the other can directly apply to the registry office to dissolve the marriage, providing supporting documents. The state duty in this case will also be 200 rubles.
