State duty for divorce in court: payment for divorce

In a divorce proceeding, according to Russian law, a couple must pay a state duty. The divorce procedure will be accepted for execution only upon presentation of a receipt for payment. The size of the fee depends on whether a divorce occurs with or without property division.

How much does it cost to get a divorce in court

Prices for public services for Russian citizens increased compared to last year, and the state duty for divorce increased. The cost of the procedure is determined by such criteria:

  • body involved in the process: court or registry office;
  • the need for the division of property;
  • the presence of minor children;
  • cost of jointly acquired property.

The issuance of a divorce certificate on the official form will be carried out for each of the participants in the divorce proceedings at the registry office, after the entry into force of the conclusion of the judicial authority. Payment is made at the time of filing the claim and upon receipt of the certificate. The fee to be paid by the applicant and the defendant:

Type of payment

Claimant

Defendant

Divorce Filing

600 rub (one-way process)

-

Obtaining a divorce certificate

650 rub

650 rub

Total

1250 rub.

650 rub

State duty for divorce with the division of property

When the spouses, having jointly acquired property, decide to divide it, the fee is calculated individually in each case. According to the Tax Code and the Code of Civil Procedure, the criteria for calculating the value of the duty are defined:

  • for a divorce - 600 rubles;
  • per section of acquired property - according to the price of the claim and the valuation of the property.

Fee value

The minimum state duty for divorce in court is 400 rubles, the maximum border should not exceed 60 thousand. If, when submitting the application, the plaintiff’s calculation turned out to be incorrect, the court will make its own decision, determining the required fee. The plaintiff can independently calculate the fee by adding the amount from the table and interest:

Amount of claim

Duty Size

Up to 20,000

4% of the amount, at least 400 rubles.

From 20 001 to 100 000

3% of the amount + 800 rubles.

From 100 001 to 200 000

2% of the amount + 3200 rubles.

200 001 to 1,000,000

1% of the amount + 5200 rubles.

Over 1,000,000

0.5% of the amount + 13,200 rubles.

Ways of payment

The amount of the claim is determined by the applicant independently and is calculated from the value of the property of the spouses. Payment must be made before applying. When filing a claim, it is necessary to present a receipt at the registry office no later than a month after payment, through a magistrate's court - no later than three years after receipt of the check. State duty for divorce is paid in one of the ways:

  • banking branch;
  • portal of public services (when paying a fee for customers, a discount is provided and there are required details);
  • online banking (when choosing sites, you need to pay attention to whether the payment is confirmed)
  • self-service terminals;
  • in the Federal Treasury.

Installment and refund of divorce fees

It will be possible to issue a state duty refund if:

  • the claim was returned without consideration or the court refused to accept it;
  • the plaintiff refused to split the property share;
  • the amount paid is more than necessary.

In accordance with Part 2 of Art. 333.20 of the Tax Code of the Russian Federation, if the fee for divorce is excessive for the plaintiff, he has the right to ask for installments or a decrease in the amount of payments, confirming his financial situation with documents (certificate from the employment center, certificate of income, etc.). After studying the materials, the judicial authority makes a decision on satisfaction or refusal in installments.

If the application is satisfied, then the determination will indicate on what conditions the calculation will be made, and the date of the last payment. The collection period is also established if the court did not approve the application for a deferment, and if no payment is made during this period, the lawsuit will not be considered.

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