The procedure for divorce through the court if there are children in 2020

Garik Kharlamov and Christina Asmus

Comedian Garik Kharlamov and actress Kristina Asmus claim that their decision has been brewing for a long time and is absolutely calm and balanced. Both announced their upcoming divorce on their Instagram pages. Christina thanked Garik for the years he had lived, and he expressed hope that after 8 years they would be able to maintain friendship and mutual respect.

But, knowing Kharlamov and Asmus, many fans are in no hurry to get upset. Moreover, most recently Vladimir Marconi, host of the Comment Out show on YouTube, said that the couple’s divorce was just a joke. He claims that this is the task that Garik and Christina received on the project. The stars themselves have not yet commented on the statement. One can only guess!

State duty for divorce when dividing property

In cases of division upon divorce of housing, cars, furniture, common assets and other valuables, the procedure is transferred to the courtroom. To dissolve a marriage in such a situation, it is necessary to submit an application for the termination of the marriage and the division of common property and pay the state fee twice.

The amount of the state duty directly for divorce was discussed above, but the amount that must be paid for the division of joint property directly depends on how much it is valued.

The lower limit of the fee for the division of common property and bank accounts is currently 400 rubles, provided that the price of the property does not exceed 20,00 rubles.

To calculate the amount of state duty for the division of property worth 20,000 or more, the formula of 800 rubles is used. + 3% of the amount over 20,000.

Thus, if the share claimed by the applicant is valued at between 20,001 and up to one hundred thousand rubles, then it will be necessary to pay from 800 to 3,200.

When the price is in the range from 100,001 to 200,000, you will have to pay 3200 + 2% of the amount over 100,000.

If the share value is from 200,001 to 1,000,000, then the state duty will cost 5,200 + 1% of the amount exceeding 200,000.

If the price is above a million rubles, 13,200 + 0.5% of the amount over a million, but not more than 60,000, must be given to the budget.

Consequently, no matter what amount a share in property of more than 1 million rubles is valued at, the amount of the state duty will not exceed 60,000 rubles.

Therefore, it is impossible to give an exact answer to the question, how much will the state duty be for divorce? In a favorable situation, if there is no property and the other party is recognized as missing, deprived of legal capacity, or convicted, you will need to pay 350 rubles.

And in another scenario, the process could cost more than one million, since in addition to the state duty there is also such an expense as the services of a lawyer, and they are very highly paid. However, if in the future there is an opportunity to receive valuable property or a large sum, then it may be worth taking the risk.

It is important to remember that regardless of the amount of the state duty paid, it is necessary to submit to the court a document confirming the fact of payment.

It must be drawn up in accordance with established standards and contain the following information:

  • Full name of the payer;
  • Passport data;
  • SNILS and INN numbers;
  • Recipient's name and details;
  • Purpose and amount of payment;
  • Date and signature.

In other words, a fee receipt is a document that must be attached to a divorce application, regardless of how much was paid.

Olivier Sarkozy and Mary-Kate Olsen

But the divorce of actress and designer Mary-Kate Olsen from businessman Olivier Sarkozy became much more unexpected. The couple seemed happy and prosperous, despite the 17-year difference. The separation was not without scandals: according to rumors, Sarkozy kicked Olsen out of their shared home.

It was not possible to get a divorce without problems because, due to the pandemic, the court postponed the consideration of Mary-Kate's application. But as soon as the courts resumed on May 25, she re-filed a claim for breach of the marriage contract. The actress moved to a rented mansion in the Hamptons, and Sarkozy took his mother, his ex-wife and two children into their once joint home.

What is meant by fine?

Due to the fact that the social unit is collapsing, those responsible are required to pay a fine.

Although the divorce fee cannot be directly called a fine, it is a state duty. IN

In turn, a duty is a payment for performing certain actions by government agencies.

Divorce under Russian laws is possible:

  • through the registry office (when both agree);
  • in the magistrate's court.

Moreover, both organizations are state-owned, their employees are supported by the budget, replenished, for the most part, by taxes. The procedure for paying taxes and the amount of payments are strictly regulated by the Tax Code.

Pavel Priluchny and Agata Muceniece

Another 8-year marriage did not stand the test of time, and the actors ended it in June. Talks about divorce had been going on since February, and the couple planned to maintain a good relationship for the sake of their two children. But soon a scandal broke out, and Agatha accused Pavel of alcohol abuse and domestic violence.

In Instagram stories, a girl in tears told how the actor kicks her and her children out of the house in the midst of a pandemic. According to Muceniece, publicity in this case is her only weapon and protection. After this, the actress began to actively comment on the unpleasant details of life together, stated that she would no longer cover up her husband’s alcoholism, and said hello to Dzhigan, whom we will talk about a little further!

Without trial or scandal: six quiet star divorces

Maria Grebennikova

TV Mag Columnist

The other day it became known about the quiet and unnoticed divorce of TV presenter Alexander Gordon from his fourth wife, 26-year-old Nozanin Abdulvasieva. Despite the 30-year age difference and the skepticism of others, the couple lived together for six years and even gave birth to two sons. And yet the marriage fell apart. The initiator was the wife, they didn’t share anything and quietly fled exactly on the 26th birthday of the now ex-wives. A quiet and peaceful divorce is a rarity in the stellar environment. TV Mag decided to remember which of the famous couples separated just as calmly and unnoticed.

Sergei and Yulia Svetlakov

With his first wife Yulia, famous comedian Sergei Svetlakov

lived 14 years. They have a daughter together. Together they experienced a lot, but at some point everyone wanted to go their own way, and no one made drama out of it. Love feelings faded away, but friendly feelings remained. The couple divorced secretly, this became known only seven months later.


Photo: Ruslan Krivobok / RIA Novosti

Vladimir and Valeria Kristovsky

In 2013, they started talking about the fact that Vladimir Kristovsky

separated from his wife Lera.
Later it turned out that in fact the marriage of the lead singer of the group Uma2rman
broke up two years ago.
The culprit was model Olga Pilevskaya
, who starred in the video of the group
“Olya from the Network.”
The romance broke out suddenly, Vladimir lost his head and left his family. True, for another two years he led a double life and told fans that he remained an exemplary husband and father.


Photo: Ekaterina Chesnokova / RIA Novosti

Victoria Bonya and Alex Smerfit

The TV presenter and the son of an Irish millionaire met in 2010 and almost immediately went to live in Monaco. The union was not officially registered. In 2012, the couple had a daughter. Soon, however, Alex began to be noticed in the company of other young ladies. Victoria strenuously denied everything and even called online gossips “clucking hens.” But it was no longer possible to keep silent about the obvious. When in 2017, pictures of Smurfit kissing someone else leaked onto the Internet, Bonya finally admitted that they had broken up a long time ago.


Photo: Ekaterina Chesnokova / RIA Novosti

Fedor and Svetlana Bondarchuk

In the spring of 2020, after living together for a quarter of a century, Fedor and Svetlana announced their divorce. “With love and gratitude to each other for the years we have lived together, still remaining close people, maintaining mutual respect and love for our families, we, Fedor and Svetlana Bondarchuk, announce: we have decided to divorce. The time we spent together was wonderful, but today our paths diverged - there are no conflicts, resentments or contradictions behind this fact. We stopped being a couple, but we remain friends,” said the ex-spouses in their official statement. The matter was resolved long ago, and the family in fact did not exist for several years, but the public was simply upset by such news. Now Fedor is happy with his Paulina, and Svetlana is getting married again.


Photo: Ekaterina Chesnokova / RIA Novosti

Alena Khmelnitskaya and Tigran Keosayan

The actress and director have been married for more than 20 years. Then my husband became interested in the writer and journalist Margarita Simonyan,

He left his legal wife, leaving her a common house, but he came every day so that his daughter would not feel abandoned.
Moreover, it was the new lover who insisted on this. Alena Khmelnitskaya
also behaved atypically: she decided that she had nothing to share with Margarita, but needed to be friends, and invited her and her children to a home party. They say that he and Tigran are family, there is no point in crossing this out, but it is necessary to maintain warm relations so that the children from both wives communicate with each other as members of the same family. Now women are friends, which, of course, is difficult for the public to understand.


Photo: Alexey Nikolsky / RIA Novosti

Vladimir and Lyudmila Putin

The most unexpected and at the same time quiet and calm was the divorce of the President of the Russian Federation from his wife Lyudmila. Vladimir Vladimirovich and his wife divorced in 2013 after almost 30 years of marriage. The Putin couple announced their divorce at the exit from the State Kremlin Palace, where they came to watch the ballet “Esmeralda”. At the same time, they emphasized: this was a joint, civilized decision, which at that time had not yet been formalized. The reason for the breakup was the publicity of the husband's profession. “All my activities, all my work is connected with the public sphere, with absolute publicity. But there are people who are completely incompatible with this. Lyudmila Aleksandrovna has been on watch for eight years, nine already,” Putin said then. A few years later, on a direct line, Vladimir Vladimirovich said that he periodically communicates with his ex-wife: “Lyudmila Alexandrovna and I sometimes see each other. Not often, but we meet. We have a very good relationship. Maybe even better than they were before.”


Photo: Sergey Guneev / RIA Novosti

Ivan Telegin and Pelageya

In contrast to the two previous stories, the divorce of hockey player Ivan Telegin from singer Pelageya was not sudden and scandalous. The couple announced their intentions much earlier and even stopped wearing wedding rings. In their posts on social networks, both assured that they plan to maintain a good relationship for the sake of their daughter.

Although Telegin and Pelageya separated even earlier, they submitted their application only at the end of May. In the comments, Telegin thanked his wife for the past years, relationships and wonderful daughter. According to him, the breakup is no one’s fault - it’s just that sometimes two strong personalities don’t get along together.

State duty amount

According to the norm of Article 333.26 of the Tax Code, divorce is registered only after payment of the state fee. The price includes the issuance of a divorce certificate.

The fees are as follows:

  • Each spouse must pay 650 rubles upon divorce in court or at the registry office;
  • The wife pays 350 rubles if her husband was imprisoned for more than three years, or the court declared him missing or incompetent. The same applies to the husband in the case of his wife’s imprisonment and subsequent divorce.

If the divorce issue is resolved in court, then before filing a claim the applicant will pay 650 rubles.

And at the end of the consideration of the case, the judge in his decision will oblige the second spouse to also pay this amount.

At the registry office they are bred in the following order:

  • an application for divorce is written;
  • husband and wife are given receipts (if both agree to divorce and there are no common minor children);
  • divorce is registered.

If the husband is declared missing, incapacitated, or sentenced for a long time, only the wife pays the fee, after filing for divorce and before the divorce is recorded in the journal.

Dzhigan and Oksana Samoilova

An unexpected scandal surrounding rapper Dzhigan hit the top of all social networks. He went on air in a dubious state, argued with the audience, and asked his daughter to bring alcohol. Obviously, her husband’s breakdown was the last straw for Samoilova, despite 10 years of marriage. In her post, she reported numerous infidelities, constant lies and the use of illegal drugs, concluding that Dzhigan left her no choice.

Oksana Samoilova claims that she endured to the last for the sake of her four children, but her husband’s mental state seriously worries her. However, she does not intend to deprive him of parental rights and is ready to help from a distance. Dzhigan came to his senses and began to publicly apologize and say that it was Oksana who saved his life.

As a result, the couple never showed up for the scheduled trial, so it may soon turn out that they are superfluous in this selection. But we couldn’t ignore such a big story!

Is there a plan to increase the duty?

So far the Government is not planning to increase the state duty rate, but given the fact that Russian laws change with enviable regularity, perhaps the rate will rise.

To be sure of the amount, you need to look at the current version of Article 333.26 of the Tax Code. Current versions of the codes are available on the ATP “Consultant+” website.


Back in September 2013, a group of deputies introduced amendments to the legislation for discussion in the Duma.

In their opinion, families are collapsing due to the fact that some citizens get married without the goal of starting a family for many years, which means they have to pay a tidy sum for a divorce.

Prime Minister Medvedev immediately rejected this amendment, justifying the decision by the fact that fabulous fines could trigger a drop in the number of marriage registrations. But the issue of reducing the number of divorces will not be resolved.

Divorce in the presence of a child under 1 year of age is possible only on the initiative of the wife. Your husband is cheating, but he’s lying and doesn’t want to leave? Find out what to do in this case. Read our article.

Are you getting divorced with your apartment on a mortgage? Find out how to divide it upon divorce. All the details are here.

Trial: who will the minor children stay with?

It is much more difficult to file a divorce if there are minor children - in this case there are two options: through the registry office or the court. Firstly, the claim for divorce will be considered one month from the date of filing. This period is specified in the Family Code, and it exists to give spouses time to think about the action - in case the decision was made in the heat of the moment. If there is no dispute about child custody and division of property, the spouses can draw up an appropriate agreement and file a divorce. If there is no agreement, then the controversial points will be resolved on the basis of the current norms of the Family Code and other legislative acts. Secondly, after the judge makes a decision, one of the spouses has the right to appeal it within ten days. After this period, the court decision comes into force and the couple is officially considered divorced. The issue of child custody is decided by the court on the basis of current legislation. Practice shows that most often the judge decides to leave the children to the mother.

The amount of state duty for divorce through the registry office

Divorce through the civil registry office (registry office) can be carried out only in three cases:

  • If the decision of the spouses to dissolve the marriage was mutual.
  • If there are no children under the age of majority in the family.
  • If the persons do not have any claims of a material nature against each other.

The amount of the state duty for divorce in 2020 is determined by clause 2 of Art. 333.26 of the Tax Code of the Russian Federation as amended on February 15, 2020 and equals 1,300 rubles. This amount is divided equally between both participants in the procedure and amounts to 650 rubles for each.

Also, in the event of a divorce at the registration authorities, the state fee is affected by the wife’s desire to change her last name. In this situation, the payment of the duty will increase by another 1,600 rubles.

That is, the total amount of state duty will be equal to 2900 rubles. If the termination is carried out through the court, then the amount of payment for changing the surname is exactly the same amount (1600 rubles).

The basic amount of the state fee may be lower in case of unilateral divorce if one of the participants in this process agrees, but:

  • forced to be absent from his place of residence for a long time due to departure to another city in Russia or abroad;
  • is unable to attend the trial due to serving a prison sentence;
  • has no desire to attend, since he already lives in another family.

In this case, the person filing the application for annulment pays the fee. The amount of payment varies from 400 to 600 rubles.

Important: any option for divorce involves including the cost of the state certificate of divorce in the approved amount of the state fee.

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